Code of Alabama

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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks
on subsequent activity. (a) Every employer, child care facility, adult care facility, the
Department of Human Resources, and child placing agency required to obtain a criminal history
background information check pursuant to this chapter shall obtain, prior to or upon the date
of employment, or issuance of a license or approval or renewal thereof, and maintain in the
agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
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38-13-7
Section 38-13-7 Duties of Departments of Public Safety and Human Resources; review of determinations.
(a) Criminal history background information checks shall be performed by the Department of
Public Safety upon request by an employer, child care facility, adult care facility, or child
placing agency authorized to make a request, or the Department of Human Resources. The Department
of Public Safety shall provide a criminal history background check within a reasonable time
of the receipt of the request. National criminal history background checks shall be requested
by the Department of Public Safety from the Federal Bureau of Investigation within a reasonable
time of the request. The Department of Public Safety, upon receipt of the criminal history
background report from the Federal Bureau of Investigation, shall forward the report to the
Department of Human Resources within a reasonable period. (b) Criminal history background
information reports shall be sent from the Department of...
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16-22A-13
Section 16-22A-13 Liability. An authorized employer shall not be liable in any action for damages
solely for failure to conduct a criminal history background information check on an educational
employee pursuant to this chapter if such failure is due to reasonable time constraints of
background check backlogs, nor shall the state or political subdivision thereof, nor any agency,
officer, or employee thereof, be liable in any action for damages for the failure of a qualified
entity to take action adverse to an individual who was the subject of a criminal history background
information check. Neither the State Superintendent of Education, the State Department of
Education, nor any agent thereof shall be liable in civil court in an action for damages arising
out of any suitability determination. Nothing herein shall be construed as a waiver of any
sovereign or qualified immunity. (Act 99-361, p. 566, §13; Act 2002-457, p. 1171, §1.)...

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16-23-16.2
Section 16-23-16.2 Criminal history background check for teacher preparation program applicants.
(a) Each two-year and four-year institution of higher education in the state shall require
each applicant for admission to a teacher preparation program to complete a criminal history
background information check as a part of the initial application process. (b) The criminal
history background information check shall be administered in a manner prescribed by the institution
of higher education that is consistent with the Alabama Child Protection Act of 1999, and
rules promulgated by the State Department of Education. (c) Any publication of an institution
of higher education, that describes the requirements for or application process for a teacher
preparation program offered by the institution, shall also inform prospective students of
the requirements of this section. (Act 2009-628, p. 1926, §1.)...
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34-24-361
Section 34-24-361 Investigations; reporting offenses; proceedings and actions; privileged information.
(a)(1) The State Board of Medical Examiners on its own motion may investigate any evidence
which appears to show that a physician or osteopath holding a certificate of qualification
to practice medicine or osteopathy in the State of Alabama is or may be guilty of any of the
acts, offenses, or conditions set out in Section 34-24-360. As part of its investigation,
the board may require a criminal history background check of the physician or osteopath. In
such event, the physician or osteopath shall submit a complete set of fingerprints to the
State Board of Medical Examiners. The board shall submit the fingerprints provided by the
physician or osteopath to the Alabama Bureau of Investigation (ABI). The fingerprints shall
be forwarded by the ABI to the Federal Bureau of Investigation (FBI) for a national criminal
history record check. Costs associated with conducting a criminal history...
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12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution;
annual audit. (a) A drug court shall collect and maintain the following information for each
drug offender that is considered for admission or admitted into drug court: (1) Prior criminal
history. (2) Prior substance abuse treatment history, including information on the success
or failure of the drug offender in those programs. (3) Employment, education, and income histories.
(4) Gender, race, ethnicity, marital and family status, and any child custody and support
obligations. (5)a. Instances of recidivism occurring after successful completion of drug court.
Recidivism shall be measured at a period of three years after successful graduation. b. Instances
of recidivism occurring after a drug offender's termination in drug court for a period of
three years from release into the community. (6) The drug of choice and the estimated daily
financial cost to the drug offender at the time of entry into...
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38-7-3
Section 38-7-3 License to operate or conduct child-care facility - Requirements; recordkeeping;
parental notifications, etc.; affidavits; inspections and investigations. (a) No person, group
of persons, or corporation may operate or conduct any facility for child care, as defined
in this chapter, without being licensed or approved as provided in this chapter. (b)(1) Except
as provided in subdivision (2), the licensure requirements of this chapter do not apply to
a child-care facility that is operating as an integral part of a local church ministry or
a religious nonprofit school, and is so recognized in the church or school's documents, whether
operated separately or as a part of a religious nonprofit school unit, secondary school unit,
or institution of higher learning under the governing board or authority of the local church
or its convention, association, or regional body to which it may be subject. (2) A child-care
facility that receives state or federal funds or is operating for...
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34-24-302
Section 34-24-302 Denial, suspension, revocation, etc., of license; investigation; mental,
physical, or laboratory examination; authorization for release of information. (a) The board
may, within its discretion, deny the issuance of a license to any person or, after notice
and hearing in accordance with board regulations, shall, within its discretion, suspend, revoke,
restrict, or otherwise discipline the license of a person who shall be found guilty on the
basis of substantial evidence of any of the following acts or offenses: (1) Conviction of
a felony. (2) Conviction of any crime or other offense, felony, or misdemeanor, reflecting
on the ability of the individual to render patient care in a safe manner. (3) Conviction of
any violation of state or federal laws relating to controlled substances. (4) Termination,
restriction, suspension, revocation, or curtailment of licensure, registration, or certification
as an assistant to physician by another state or other licensing jurisdiction...
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34-24-70
Section 34-24-70 Qualifications of applicants. (a) The following constitute the requirements
for the issuance of a certificate of qualification for a license to practice medicine in this
state: (1) MEDICAL EDUCATION REQUIREMENT. All applicants for a certificate of qualification
shall present a diploma or evidence of graduation from any of the following institutions:
a. A college of medicine or school of medicine accredited by the Liaison Committee on Medical
Education of the American Medical Association. b. A college of osteopathy accredited by the
American Osteopathic Association. c. A college of medicine or school of medicine not accredited
by the Liaison Committee on Medical Education which is approved by the Board of Medical Examiners.
The board may, within its discretion, withhold approval of any college of medicine not designated
in either a., or b., above which: 1. Has had its accreditation withdrawn by a national or
regional accreditation organization; or 2. Has had its...
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34-27A-7
Section 34-27A-7 Application for licensure and examination; fees; pledge; conditions. (a) Applications
for original license, renewal license, and examinations shall be made in writing to the board
on forms approved by the board. (b) Appropriate fees, as fixed by the board pursuant to Section
34-27A-6, shall accompany all applications for original license, renewal license, and examination.
(c) At the time of filing an application for license for any real property appraiser classification,
each applicant shall sign a pledge to comply with the standards set forth in this article
and state that he or she understands the types of misconduct for which disciplinary proceedings
may be initiated against a licensed real property appraiser, as set forth in this article.
(d) A license for any real estate appraiser classification shall be issued only to, and held
only by a person who meets all of the requirements of the following subdivisions (1) through
(7) below and either subdivision (8) or (9)...
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