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34-22-4
or other person selling eyeglasses or contact lenses on prescription as authorized above to
use any instrumentation or determine any data by performing any type of examination or corneal
evaluation necessary for the fitting of contact lenses or to use any drugs in relation thereto.
(c) Nothing in this chapter shall apply in any way to any licensed physician, nor to any physician
assistant or ophthalmic assistant program conducted under any accredited state university
program, nor to any physician's assistant as defined in Section 34-24-292. Nothing in this
chapter shall be construed as preventing an ophthalmologist from using assistants normally
used in his or her practice under his or her direct personal supervision in the office
in which the ophthalmologist normally actually practices his or her profession and nowhere
else. (Acts 1975, No. 1148, p. 2257, §17; Acts 1975, 4th Ex. Sess., No. 124, p. 2818, §1;
Acts 1993, No. 93-153, p. 222, §3; Acts 1995, No. 95-218, p. 370, §1.)...
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34-28A-26
Section 34-28A-26 Suspension or revocation of licenses or issuance of reprimands to licensees;
appeals; restoration of licenses revoked, reduction of suspensions, etc. (a) The license of
any licensee under this chapter may be suspended or revoked, or a reprimand may be issued
by the board, upon a finding of the board that the licensee has committed any of, but not
limited to, the following acts: (1) Has been convicted of a felony in any court of the United
States, if the acts for which the person is convicted are found by the board to have a direct
bearing on whether the individual should be entrusted to serve the public as a speech-language
pathologist or audiologist. (2) Has been guilty of fraud or deceit in connection with his
or her services rendered as a speech-language pathologist or audiologist. (3) Has aided or
abetted a person, not a licensed speech-language pathologist or audiologist, in illegally
representing himself or herself as a speech-language pathologist or audiologist...
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34-2A-13
Section 34-2A-13 Disciplinary actions; review. (a) The board may discipline its licensees by
the adoption and collection of administrative fines, not to exceed five thousand dollars ($5,000)
per violation, and may institute any legal proceedings necessary to effect compliance with
this chapter. (b) The license of any person practicing or offering to practice assisted living
administration may be revoked or suspended by the board, or the person may be reprimanded,
censured, or otherwise disciplined in accordance with the provisions of this section upon
decision and after due hearing in any of, but not limited to, the following cases: (1) Upon
proof that the person has willfully or repeatedly violated any of the provisions of this chapter
or the rules enacted in accordance with this chapter. (2) Conduct or practices deemed to be
detrimental to the lives, health, safety, or welfare of the residents or patients of any assisted
living facility or health care facility in this state or any...
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34-2A-4
Section 34-2A-4 Powers and duties of board. (a) It shall be the function and duty of the board
to perform the following: (1) Develop, impose, and enforce standards which shall be met by
individuals in order to receive a license as an assisted living administrator, which standards
shall be designed to insure that assisted living administrators will be individuals who are
of good character and are otherwise suitable and who, by training or experience in the field
of institutional administration, are qualified to serve as assisted living administrators.
(2) Develop and apply appropriate techniques, including examinations and investigations, for
determining whether an individual meets these standards. (3) Issue licenses to individuals
determined, after application of the techniques, to meet these standards and revoke or suspend
licenses previously issued by the board in any case where the individual holding any license
is determined substantially to have failed to conform to the...
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34-11-1
of engineering surveys. d. The term does not include functions unique to engineering as specified
by rules of the board, geographic information systems professionals holding certification
from the GIS Certification Institute, or remote sensing professionals holding certifications
from the American Society of Photogrammetry and Remote Sensing or other nationally recognized
accreditation group as determined by the board. e. Nothing herein shall in any way prohibit
mapping, plotting, or locating, or other similar use of GPS, GIS, or other similar data by
those not licensed to practice land surveying, provided the work is not used in the conveyance
of property. (15) RESPONSIBLE CHARGE. Direct control and personal supervision of engineering
work or land surveying work. (Acts 1961, Ex. Sess., No. 79, p. 1976, §2; Acts 1967, No. 739,
p. 1576, §1; Acts 1997, No. 97-683, p. 1332, §1; Act 2002-514, p. 1323, §1; Act 2007-365,
p. 715, §1; Act 2014-375, p. 1390, §1; Act 2018-550, §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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34-9-18
or similar circumstances or the doing of that which a reasonably prudent practitioner would
not have done under the same or similar circumstances. b. For the purposes of this subdivision,
gross negligence is defined as willful or wanton conduct with reckless, malicious, or conscious
disregard for the rights or safety of others, or conduct that is so deliberate, outrageous,
and callous as to display total indifference to the health or safety of a patient, that could
result in serious bodily injury or death. (7) Is guilty of employing, allowing, or
permitting any unlicensed person or persons to perform any work in his or her office which,
under this chapter, can only be legally done by a person or persons holding a license to practice
dentistry or dental hygiene. (8) Willfully or negligently violates the rules of the State
Department of Health or of the board regarding sanitation. (9) Is guilty of division of fees,
or agreeing to split or divide the fee received for dental service with...
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34-9-6.1
Section 34-9-6.1 Mobile dental facilities or portable dental operations. (a) For purposes of
this section, the following words have the following meanings: (1) DENTAL HOME. The dental
home is the ongoing relationship between the dentist and the patient, inclusive of all aspects
of oral health care, delivered in a comprehensive, continuously accessible, coordinated, and
family-centered way. (2) MOBILE DENTAL FACILITY. Any self-contained facility in which dentistry
or dental hygiene is practiced which may be moved, towed, or transported from one location
to another. (3) OPERATOR. A person licensed to practice dentistry in this state or an entity
which is approved as tax exempt under Section 501(c)(3) of the Internal Revenue Code which
employs dentists licensed in the state to operate a mobile dental facility or portable dental
operation. (4) PORTABLE DENTAL OPERATION. The use of portable dental delivery equipment which
is set up on site to provide dental services outside of a mobile...
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34-23-92
Section 34-23-92 Powers and duties generally. The board shall exercise, subject to this chapter,
the following powers and duties: (1) To adopt rules concerning the records and reports to
be kept and made by a pharmacy relating to the filling of prescriptions and the handling and
preservation of drugs. (2) To fix standards and requirements for licenses and permits except
as otherwise specified in this chapter. (3) To make rules and regulations regarding sanitation
consistent with state health regulations. (4) To employ such chemists, agents, clerical help,
and attorneys necessary for the proper administration of the duties of the board. (5) To employ
a Chief Drug Investigator and such other drug investigators that it deems necessary to enforce
this chapter which are under the supervision of the board. (6) To adopt rules and regulations
for the administration and enforcement of this chapter and not inconsistent herewith. Such
rules and regulations shall be referenced to the section or...
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34-24-70
(2) Examinations administered by the board may be given in Montgomery or at any other location
determined by the board. (3) Applicants who are required to take the Special Purpose Examination
or the United States Medical Licensing Examination administered by the board shall, in addition
to the other requirements of this section, be eligible to sit for and take the examination
under the rules established by the organization which created the examination. (4) The board
may enter into personal service contracts with individuals, firms, or corporations
for the administration of any examination required by this section. (5) The board shall keep
complete records of all examinations conducted, giving the name, age, residence, college,
date of graduation of the applicant examined, and the results of the examination. These records
shall be open to public inspection. (6) The board shall establish by rule or regulation the
passing score for all examinations administered by it under this...
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