Title 34 — Title 34

Licenses, Etc.; Hearing; Fines. (a) The board may refuse to license any person, entity, or establishment for violation of this chapter. If the board refuses to issue, grant, or renew a license based on a violation of this chapter, including, but not limited to, violations listed …

(a) It is unlawful for any person or entity, for hire or profit, to engage in, or hold himself, herself, or itself out as qualified to engage in any business, profession, or practice regulated and licensed under this chapter without a valid license, certification, or registration…

Fifteen days before an examination, the executive director shall provide to all applicants and all funeral establishments in the state, in electronic format and on the website of the board, a notice listing the names of all persons admitted by the board to take the examination an…

Interpretations by the Board. In the event a licensee under this chapter should have cause to believe that the board, or a member or members thereof, has used the powers of the board to promulgate orders or rulings or requirements not intended by this chapter and that such orders…

Bribery. Any person who embezzles, abstracts, or willfully misapplies any of the monies, funds, security, or credit of the board or who misuses any of the funds or fees so collected, by virtue of this chapter, and any person who, with like intent, aids or abets any person in viol…

Background Check. (a) No person shall engage in, or attempt to engage in, the practice or profession or business of a funeral director unless licensed to do so by the board. The board may issue licenses to funeral directors. (b) Any person desiring to engage in the business, prof…

An application for a license as a funeral director shall be in writing and verified on a form provided by and addressed to the board and filed with the executive director. The application shall specify the address of the applicant and shall be accompanied by the affidavits of at …

(a) An applicant for a funeral director’s license is entitled to an examination if he or she satisfies all of the following: (1) Is a citizen of the United States or legally present in this state. (2) Is at least 18 years of age. (3) Has completed an apprenticeship in accordance …

(a) The applicant for a funeral director’s license, before the application is granted, shall successfully pass an examination upon, but not limited to, the following subjects: Funeral directing; funeral service management and administration; merchandising; cremation and other for…

Operation Under Special Permit by Operator. (a) When a licensed funeral director dies leaving a licensed funeral business with no licensed funeral director, the surviving spouse, or a surviving child of legal age, may make application for examination as a funeral director. The ap…

On application of any person and payment of the cost thereof, the executive director of the board shall furnish, under the seal of the board and signed by the executive director, a certified copy of any license, rule, regulation, or order. In any court or proceeding such copy sha…

(a) Pricing of services and merchandise offered by a licensee shall comply with rules established by the Federal Trade Commission. (b) Each funeral establishment shall have a card or brochure in each full-size and cut casket and a clear statement on each photograph and electronic…

(a) No person shall follow, engage in, or hold himself or herself out as engaged in the practice as an embalmer unless licensed to do so by the Alabama Board of Funeral Service. The board is granted authority to issue licenses to embalmers. (b) All persons shall qualify for exami…

Check. (a) The applicant for an embalmer’s license shall make application to the board. The application shall be in writing and verified on a form provided by and addressed to the board and shall be accompanied by the prescribed fee and by affidavits of at least two licensed emba…

(a) In order to qualify for a license as an embalmer, the applicant shall satisfy all of the following: (1) Be a citizen of the United States or legally present in this state. (2) Be over 18 years of age. (3) Be of good character. (4) Have completed an apprenticeship in accordanc…

The board may hold a public examination at least once each quarter for the purpose of examining applicants for an embalmer’s license, at such time and place as the board may determine. Notice of the time and place of the meeting shall be provided electronically to the various app…

(a) The board shall examine applicants for an embalmer’s license in all of the following subjects: (1) Embalming. (2) Restorative Art. (3) Sciences related to embalming including, but not limited to: Pathology, anatomy, physiology, microbiology, and chemistry. (4) The preparation…

This chapter shall be known and may be cited as the Alabama Genetic Counselor Act. History: (Act 2019-224, §1.)

There is established in the State Treasury a separate special revenue trust fund known as the Genetic Counseling Fund. All receipts collected by the board pursuant to this chapter shall be deposited into the fund and shall be used only to implement this chapter. The receipts shal…

The Alabama Board of Genetic Counseling shall be subject to the Alabama Sunset Law, Chapter 20 of Title 41, as an enumerated agency as provided in Section 41- 20-3, and shall have a termination date of October 1, 2021, and every four years thereafter, unless continued pursuant to…

For the purposes of this chapter, the following terms shall have the following meanings: (1) ABGC. The American Board of Genetic Counseling, or its successor or equivalent. (2) ABMGG. The American Board of Medical Genetics and Genomics, or its successor or equivalent. (3) ACGC. T…

(a) The State Board of Genetic Counseling is created to implement and administer this chapter. (b) The membership of the board shall consist of all of the following: (1) One individual appointed by the Department of Genetics at the University of Alabama at Birmingham. (2) Four in…

(a) The board may issue a license to practice genetic counseling to any individual who satisfies all of the following qualifications: (1) Is at least 21 years of age. (2) Has applied in writing to the board in a form and substance that is satisfactory to the board. (3) Has not en…

Status. (a) A license issued by the board pursuant to this chapter shall be valid for no more than two years, unless otherwise specified by this chapter or board rule, and shall be renewable on a renewal date established by board rule. (b) An individual who holds an expired licen…

(a) After the board establishes the genetic counseling licensing program as provided in this chapter, an individual who does not hold a valid license issued by the board may not do any of the following: (1) Engage in the practice of genetic counseling in this state. (2) Hold hims…

The board may do all of the following: (1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure. (2) Consistent with the laws of this state, adopt and revise rules as necessary to conduct its business, carry out its duties, and administer …

This chapter does not apply to any of the following: (1) Any individual licensed by the state to practice in a profession other than that of a genetic counselor, when acting within the scope of his or her profession and doing work of a nature consistent with his or her training. …

Nothing in this chapter may be construed as authorizing a genetic counselor to practice medicine. History: (Act 2019-224, §9.)

For purposes of this chapter, the following words and phrases shall have the respective meanings ascribed by this section: (1) APPRENTICE. A person who has met the requirements of Section 34-14-7 and may engage in the practice of fitting and dealing in hearing instruments only un…

Persons Under Age 18 to Be First Examined by Physician. (a) Any person who practices the fitting and sale of hearing instruments shall deliver to each person supplied with a hearing instrument a receipt which shall contain the licensee’s or apprentice’s signature and show his or …

(a) The board shall perform the following duties: (1) Authorize all disbursements necessary to carry out the provisions of this chapter; (2) Register persons who apply to the board who are qualified to engage in the fitting and sale of hearing instruments; (3) Administer, coordin…

No person shall: (1) Sell, barter, or offer to sell or barter a license or permit; (2) Purchase or procure by barter a license or permit; (3) Alter a license or permit; (4) Use or attempt to use as valid a license or permit which has been fraudulently obtained, counterfeited, or …

This chapter is not intended to prevent any person from engaging in the practice of measuring human hearing for the purpose of selection of hearing instruments; provided, that such person or organization employing such person does not sell hearing instruments or accessories there…

A violation of this chapter shall be punishable as a Class C misdemeanor. History: (Acts 1971, No. 2425, p. 3858, §19; Acts 1994, No. 94-180, p. 224, §3.)

Partnerships, Etc. (a) No person shall engage in the sale of or practice of fitting hearing instruments or display a sign or in any other way advertise or represent himself or herself as a person who practices the fitting and sale of hearing instruments unless the person holds a …

(a) The board shall register each applicant without discrimination who pays an examination fee as prescribed by rule of the board and who satisfactorily passes an examination as provided in Section 34-14-4, and upon the applicant’s payment of the application fee, shall issue to t…

(a) There is established a Board of Hearing Instrument Dealers which shall administer this chapter. (b)(1) Members of the board shall be citizens and residents of the state and appointed by the Governor. The membership of the board shall be inclusive and reflect the racial, gende…

The Attorney General of the state shall act as legal adviser of the board and shall render such legal assistance as may be necessary in carrying out the provisions of this chapter. History: (Acts 1971, No. 2425, p. 3858, §16; Acts 1989, No. 89-268, p. 408, §3; Acts 1994, No. 94-1…

The board shall meet not less than twice each year at a place, day, and hour determined by the board. The board shall also meet at such other times and places as may be requested by the state board. History: (Acts 1971, No. 2425, p. 3858, §17; Act 2016-112, §1.)

(a) Within a week of receiving funds, the board shall pay into the State Treasury all moneys received by it under this chapter during the preceding calendar month. The State Treasury shall credit the moneys to the Board of Hearing Instrument Dealers Account, which account is here…

(a) The board shall establish fees by rule adopted pursuant to the Alabama Administrative Procedure Act. The board may impose fees of not less than twenty- five dollars ($25) nor more than one thousand dollars ($1,000) for each of the following: (1) Initial application fee for an…

(a) Applicants may obtain a license by successfully passing a qualifying examination; provided, that the applicant: (1) Is at least 19 years of age; (2) Is of good moral character; (3) Has an education equivalent to a four-year course in an accredited high school; (4) Is free of …

(a) The qualifying examination provided in Section 34-14-4 shall be designed to demonstrate the applicant’s adequate technical qualifications by testing the applicant in three separate sections consisting of a written examination, a practical examination, and a state law examinat…

(a) Each person who engages in the fitting and sale of hearing instruments shall annually, on or before January 30, pay to the board a fee as prescribed by rule of the board for renewal of his or her license and shall keep such certificate conspicuously posted in his or her offic…

Training. (a) An applicant who fulfills the requirements regarding age, character, education, and health, as set forth in subsection (a) of Section 34-14-4, may obtain an apprentice permit upon application to the board and payment of any required application and permit fees as pr…

(a) A person who holds a license shall notify the board in writing of the regular address of the place or places where he or she engages or intends to engage in the fitting or the sale of hearing instruments. (b) The board shall keep a record of the place of business of licensees…

(a) Any person wishing to make a complaint against a licensee or apprentice under this chapter shall reduce the same to writing and file his or her complaint with the board within one year from the date of the action upon which the complaint is based. If the board investigates an…

(a) In the interest of the public health, safety, welfare, and consumer protection, and to regulate the home building and private residence construction industry, the purpose of this chapter and the intent of the Legislature in passing it is: (1) To provide for the licensure of p…

The board shall annually submit to the Governor a report of its transactions for the preceding year. The board shall file with the Secretary of State a copy of the report submitted to the Governor. History: (Acts 1992, No. 92-608, p. 1282, §10.)

(a) The board is authorized to promulgate rules and regulations necessary to effectuate the provisions of this chapter and accomplish its work. The rule-making powers of the board are subject to the Alabama Administrative Procedure Act as codified in Chapter 22 of Title 41. (b) F…