Code of Alabama

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45-49-40.01
Section 45-49-40.01 Definitions. (a) As used in this part, unless the context otherwise requires,
the following terms have the following meanings: (1) APPRENTICE. Any person practicing in
a barber or haircutting shop to acquire the skill of a barber or haircutter after having completed
the requirements of a student, under this part. (2) BARBER. Any person licensed under this
part to do the work of a barber. (3) BARBER SCHOOL. Any establishment rendering for compensation
the several services constituting the barber shop trade, but having for its primary purpose
the teaching, for tuition fees, of the theories and practices of such services. (4) BARBER
SHOP. Any establishment having as its primary purpose the rendering for compensation of the
several services constituting the barber shop trade. (5) BARBER SHOP TRADE or the PRACTICE
OF BARBERING. Any one or any combination of the following practices (when done upon the upper
part of the human body for cosmetic purposes and not for the...
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6-5-548
Section 6-5-548 Burden of proof; reasonable care as similarly situated health care provider;
no evidence admitted of medical liability insurance. (a) In any action for injury or
damages or wrongful death, whether in contract or in tort, against a health care provider
for breach of the standard of care, the plaintiff shall have the burden of proving by substantial
evidence that the health care provider failed to exercise such reasonable care, skill, and
diligence as other similarly situated health care providers in the same general line of practice
ordinarily have and exercise in a like case. (b) Notwithstanding any provision of the Alabama
Rules of Evidence to the contrary, if the health care provider whose breach of the standard
of care is claimed to have created the cause of action is not certified by an appropriate
American board as being a specialist, is not trained and experienced in a medical specialty,
or does not hold himself or herself out as a specialist, a "similarly...
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34-22-23
with the continuing education requirements established by the board pursuant to the provisions
of this chapter. (15) Practicing optometry in any temporary office, apart from a regularly
established office; provided, that a licensed optometrist may establish a branch office if
the branch office is duly equipped with the instruments necessary, according to rules and
regulations promulgated by the board, to make complete optometric examination; provided further,
that the branch office is in personal and direct charge of the optometrist establishing
it or a licensed associate. (16) Practicing optometry as the employee of any person, group,
association, or corporation on the basis of any fee splitting or on any basis which has the
effect of any such agreement; provided, that the provisions of this subdivision shall not
be so construed as to prohibit a licensed optometrist from participating in health maintenance
organizations composed of licensed professional practitioners in the health...
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34-26-46
(11) Aiding or abetting practice as a psychologist or psychological technician by any person
not licensed by the board. (12) Conviction of fraud in filing Medicare or Medicaid claims
or in filing claims to any third party payor (a copy of the record of conviction, certified
to by the clerk of the court entering the conviction, shall be conclusive evidence). (13)
Exercising undue influence in such a manner as to exploit the client, patient, student, or
supervisee for financial or other personal advantage to the practitioner or a third
party. (14) The suspension or revocation by another state of a license to practice as a psychologist
or psychological technician for cause other than failure to renew the license (a certified
copy of the record of suspension or revocation of the state making such a suspension or revocation
shall be conclusive evidence thereof). (15) Refusal to appear before the board after having
been ordered to do so in writing by the executive office or chair of...
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34-43-21
or by any national organization in the field of massage therapy or related touch therapy field.
(b) Up to 25 percent, or four hours of credit, of the required number of hours of continuing
education may be earned in each of the following areas: (1) Teaching a qualifying class, course,
seminar, or workshop. (2) Publishing an article in the field relating to massage therapy.
(3) Speaking on the subject of massage therapy. (4) Being a panelist discussing massage therapy.
(5) Participating in a personal growth class. (6) Two hours of professional ethics.
(c) Each of the areas listed in subsection (b) may be used for up to four hours of credit
depending on the actual contact hours. One continuing education credit is defined as no less
than 50 uninterrupted minutes of learning, except that publishing an article will automatically
count for four hours. Continuing education credit may not be awarded for programs which do
not relate to subjects listed in this section, or for repeated courses...
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34-8-7
Section 34-8-7 Exemptions from chapter; subcontractor requirements. (a) The following shall
be exempted from this chapter: (1) The practice of general contracting, as defined in Section
34-8-1, by an authorized representative or representatives of the United States Government,
State of Alabama, incorporated town, city, or county in this state, which is under the supervision
of a licensed architect or engineer provided any work contracted out by the representative
shall comply with the provisions of this chapter for general contractor. (2) The construction
of any residence or private dwelling. (3) A person, firm, or corporation constructing a building
or other improvements on his, her, or its own property provided that any of the work contracted
out complies with the definition in this chapter for general contractor. A municipal governing
body or municipal regulatory body may not enact any ordinance or law restricting or altering
this exemption. Any municipal ordinance or regulation...
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34-11-9
Section 34-11-9 Practice by firms. (a)(1) A firm that practices or offers to practice engineering
or land surveying is required to obtain a certificate of authorization from the board in accordance
with rules adopted by the board. (2) An entity that performs engineering services or land
surveying services for itself, or for a parent or subsidiary, is not required to have a certificate
of authorization. (3) A firm may not be relieved of responsibility for the conduct or acts
of its agents, employees, officers, or partners by reason of its compliance with this section.
An individual practicing engineering or land surveying under this chapter is not relieved
of responsibility for engineering or land surveying services performed by reason of employment
or other relationship with a firm holding a certificate of authorization. (4) The Secretary
of State may not accept organizational papers nor issue a certificate of incorporation, organization,
licensure, or authorization to any firm that...
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34-21-93.1
Section 34-21-93.1 Signature authority for health care forms, etc. (a) When any law or rule
requires a signature, certification, stamp, verification, affidavit, or endorsement by a physician,
the document shall be deemed to authorize a signature, certification, stamp, verification,
affidavit, or endorsement by a certified registered nurse practitioner or certified nurse
midwife for the items listed in this section. The authority in this section for a certified
registered nurse practitioner and a certified nurse midwife shall be subject to an active
collaboration agreement. This section applies to all of the following: (1) Certification of
disability for patients to receive special access parking or disability access parking tags
or placards. (2) A signature required for any of the following: a. The following documents
that require a complete history and physical examination consistent with the examining provider's
scope of practice and certification: 1. Physicals for bus drivers in...
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34-23-33
Section 34-23-33 Revocation, suspension, etc., of license or certificate; non-disciplinary
administrative penalty. (a) The board may revoke, suspend, place on probation, or require
remediation for any licensed pharmacist or a holder of a pharmacy intern or extern certificate
for a specified time as determined by the board and take the same or similar action against
the permit to operate any pharmacy in this state, whenever the board finds by a preponderance
of the evidence, or pursuant to a consent decree, that the pharmacist has been guilty of any
of the following acts or offenses: (1) Obtaining a license, permit, or registration from the
board by fraudulent means. (2) Violation of the laws regulating the sale or dispensing of
narcotics, exempt narcotics, or drugs bearing the label "caution, federal law prohibits
dispensing without prescription," or similar wording which causes the drugs to be classified
as prescription legend drugs. (3) Conviction of a felony. A copy of the record of...
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34-23-90
Section 34-23-90 Authority; composition. (a) The Alabama State Board of Pharmacy is vested
with the authority to carry out the purposes of and enforce this chapter. The board shall
consist of five members who are citizens of this state. The members of the board shall be
licensed pharmacists who have been licensed in this state for a minimum of five years and
who are actively engaged in the practice of pharmacy or pharmacy administration, or both.
(b) Three members shall be appointed by the Governor. Of the three appointed members, one
member shall be engaged in the practice of pharmacy or pharmacy administration, or both, in
a hospital, one in an independent pharmacy, and one in a chain pharmacy. On or before August
1, 1996, and each five years thereafter, or whenever a vacancy occurs in the designated position
for hospital pharmacists, the Alabama Society of Health System Pharmacists, or its successor
organization, shall submit a list of three nominees to the Governor. On or before...
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