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34-13-116
Section 34-13-116 Penalty for failure to register. Any person, firm, partnership, society,
group, or corporation who has control of a funeral home, mortuary, chapel, funeral establishment,
crematory, or mortuary service and fails to register same according to this chapter, upon
conviction, may be fined not less than five hundred dollars ($500) nor more than two thousand
five hundred dollars ($2,500) for each violation, and each day that the funeral home, mortuary,
chapel, funeral establishment, crematory, or mortuary service is operated shall be deemed
to be a separate and distinct violation of this chapter. (Acts 1975, No. 214, p. 705, §42;
Act 2011-623, p. 1439, §1; Act 2017-433, §1.)...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses,
etc.; hearing; fines. (a) The board may refuse to license any person 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 in subsection
(c), the licensee or prospective licensee may request a public hearing before the board to
appeal the action of the board. The request for a public hearing shall be submitted to the
board in writing within 14 calendar days after the date of the refusal. Upon request, the
board shall provide the licensee or prospective licensee with 20 days' notice of the public
hearing by United States certified mail. The public hearing shall be conducted pursuant to
Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided
by the board to any licensee for whom the board is considering the probation,...
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34-13-1
Section 34-13-1 Definitions. (a) For purposes of this chapter, the following terms shall have
the following meanings: (1) ACCREDITED SCHOOL or COLLEGE OF MORTUARY SCIENCE. A school or
college approved by the Alabama Board of Funeral Service and which maintains a course of instruction
of not less than 48 calendar weeks or four academic quarters or college terms and which gives
a course of instruction in the fundamental subjects including, but not limited to, the following:
a. Mortuary management and administration. b. Legal medicine and toxicology as it pertains
to funeral directing. c. Public health, hygiene, and sanitary science. d. Mortuary science,
to include embalming technique, in all its aspects; chemistry of embalming, color harmony;
discoloration, its causes, effects, and treatment; treatment of special cases; restorative
art; funeral management; and professional ethics. e. Anatomy and physiology. f. Chemistry,
organic and inorganic. g. Pathology. h. Bacteriology. i. Sanitation...
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34-13-120
Section 34-13-120 License required; crematory requirements; application and inspection; records;
violations; rulemaking authority. (a) No person, firm, corporation, association, entity, or
funeral establishment, or branch thereof, may operate a crematory for the purpose of cremating
dead human bodies, unless licensed by the board as a funeral establishment and the crematory
being registered with the board and inspected by the board before any cremations of human
remains are performed. (b) A crematory shall satisfy all of the following requirements and
have the following minimum equipment, facilities, and personnel: (1) Registered with the board.
(2) Inspected by the board before performing any cremations. (3) Fixed on the premises of
a funeral establishment. For the purposes of this subdivision, fixed means permanently attached
to the real property where the establishment is situated. (4) Owned by the same individual,
partnership, or corporation as the funeral establishment. (5) Under...
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34-13-113
Section 34-13-113 Application for license; inspection of establishment; issuance of license.
(a) Application for a license to operate a funeral establishment shall be made in writing
on a form provided by the board. The application shall be verified by the applicant or, if
the applicant is a corporation, firm, or other organization, by an officer or member thereof,
and shall be accompanied by an application fee established by the board not to exceed five
hundred dollars ($500). The application shall disclose all of the following: (1) The name
and address of the establishment. (2) That the establishment is operated by a managing funeral
director and a managing embalmer or a person licensed both as a funeral director and embalmer.
(3) A description and photographs of the buildings, equipment, and facilities of the establishment.
(4) That the establishment has a sanitary, properly equipped embalming room, a room suitable
for public viewing or other funeral services that is able to...
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34-13-53
Section 34-13-53 Renewal of licenses; authorization; attestation of identity; records. (a)(1)
Before October 1, 2018, every licensed funeral director, licensed embalmer, and licensed operator
shall pay annually a fee for renewal of his or her license. The renewal fees shall be set
by the board at a rate not to exceed one hundred fifty dollars ($150) for licensed embalmers
and funeral directors and five hundred dollars ($500) for licensed operators. (2) Commencing
on October 1, 2018, every license or registration issued by the board under this chapter shall
be renewed biennially upon submission by the licensee or registrant of a renewal application
and a renewal fee established by board rule, not exceeding five hundred dollars ($500), for
each licensed cremationist, embalmer, funeral director, and funeral establishment. (b) All
licenses granted under this chapter shall expire on October 1, following their issuance or
renewal, and shall become invalid unless renewed as provided in this...
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34-13-111
Section 34-13-111 License required; inspections; transfer of license; change of ownership.
(a) No funeral establishment or branch thereof for the preparation, disposition, and care
of dead human bodies shall be opened or maintained unless licensed by the board. No funeral
establishment or branch shall be moved without obtaining a new funeral establishment license
from the board. (b) Every funeral service, memorial service, or committal service, or part
thereof, that is conducted in Alabama, for hire or for profit, shall be in the actual charge
and shall be under the direct supervision of a funeral director who is licensed by the board,
unless otherwise provided for in this chapter or by rule of the board. (c) The board shall
set a fee, not exceeding one hundred fifty dollars ($150), that shall be in addition to the
license fee for the first inspection of any funeral establishment seeking a license under
Section 34-13-72 made for the purpose of determining whether the funeral...
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34-13-120.1
Section 34-13-120.1 License requirements; certification. No person may conduct, maintain, manage,
or operate a cremation facility unless licensed to do so by the board. The board may issue
a license to practice as a cremationist after the applicant has satisfied all of the following
requirements: (1) Is at least 21 years of age. (2) Is a citizen of the United States or legally
present in this state. (3) Is a high school graduate or the equivalent. (4) Has successfully
completed a crematory operator training course approved by the board. (5) Has completed a
course in universal precaution and blood-borne pathogens approved by the board. (6) Has submitted
a completed application and supporting documents, as required by the board, and a fee established
by the board that does not exceed three hundred dollars ($300). (7) Has successfully completed
an examination on Alabama funeral service laws and rules. (8) Has submitted to the board a
form, sworn to by the applicant, that contains the...
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8-19A-4
Section 8-19A-4 Exemptions. The provisions of this chapter do not apply to: (1) A person engaging
in commercial telephone solicitation where the solicitation is an isolated transaction and
not done in the course of a pattern of repeated transactions of like nature. (2) A person
making calls for religious, charitable, political, educational, or other noncommercial purposes
or a person soliciting for a nonprofit corporation if that corporation is properly registered
with the Secretary of State and is included within the exemption of the Alabama Revenue Code
or Section 501(c)(3) of the Internal Revenue Code or rural electric cooperatives formed under
Chapter 6 of Title 37 of the Code of Alabama or affiliates or subsidiaries thereof. (3) A
person soliciting: a. Without the intent to complete or obtain provisional acceptance of a
sale during the telephone solicitation. b. Who does not make the major sales presentation
during the telephone solicitation. c. Without the intent to complete, and...
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34-13-115
Section 34-13-115 Revocation, suspension, or refusal to renew license. (a) The board may revoke,
suspend, place on probation, or refuse to renew a license issued to an operator of a funeral
establishment or mortuary service as provided in this chapter. (b) If, upon a complaint made
to the board or otherwise, the board has reason to believe that the operator of a funeral
establishment or mortuary service has failed to comply with this chapter or the rules of the
board, the board shall conduct an investigation. If it appears to the board that there is
reasonable ground to believe that the operator has failed so to comply, the board shall conduct
a hearing on the matter. Notice of the time and place of the hearing, setting forth the respects
in which failure to comply is charged, shall be sent to the operator no later than 15 days
prior to the date set for the hearing. The operator may have the assistance of counsel at
the hearing. (c) If the board finds that the operator has failed to...
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