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27-17A-43
Section 27-17A-43 Cancellation of contract; withdrawal from trust fund. (a) Upon cancellation
of a preneed contract by mutual agreement between the seller and purchaser, or upon unilateral
cancellation of a preneed contract by the seller by reason of default on the part of the purchaser,
or other valid cancellation by reason of transfers to another seller or otherwise, the seller
may, upon submission of a certification under oath by a responsible officer of the seller
to the trustee, withdraw from the Cemetery Merchandise and Services Trust Fund and retain
an amount equal to the amount of all funds contributed to the trust fund with respect to the
preneed contract. Any trustee accepting preneed contract proceeds under this article may rely
on the seller's certification under oath as required herein to be made, and shall not be liable
to anyone for such reliance. (b) At such time as the seller undertakes to perform its obligations
under a preneed contract by delivery or installation, or...
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22-19-5
Section 22-19-5 Use of approved identification system. (a) Each funeral establishment taking
possession of a dead human body shall maintain an identification system approved by the Alabama
Board of Funeral Service. The identification system may include any dignified method, including,
but not limited to, an arm band or a wrist band, that will ensure the ability to identify
the body from the time of taking possession of the body until the body is transferred to another
entity or until final disposition. (b) A funeral establishment that maintains the required
identification system approved by the Alabama Board of Funeral Service shall not be liable
for misidentification that occurred prior to taking possession of the body or misidentification
that occurs after the body has been transferred from the funeral establishment to another
entity. (Act 2006-608, p. 1672, §1.)...
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11-47-62
Section 11-47-62 Declaration for abandonment of cemetery and removal of human remains interred
therein - Publication, posting and mailing of notice. (a) Notice of the said declaration of
abandonment and of the proposed removal of the human remains from any such cemetery or part
thereof shall be given to all persons interested therein by publication in a newspaper of
general circulation published in the city or town wherein said cemetery or part thereof is
situated or in a newspaper of general circulation published in the county wherein the same
is situated if located outside the limits of an incorporated municipality, which publication
shall be made once a week for two successive months. (b) Said notice shall be entitled "Notice
of declaration of abandonment of lands for cemetery purposes and of intention to remove the
human bodies interred therein," and shall specify a date, not less than two months after
the first publication of such notice, when the cemetery corporation,...
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11-47-61
Section 11-47-61 Declaration for abandonment of cemetery and removal of human remains interred
therein - Specification as to removal of remains after two months. Any resolution or declaration
for abandonment and removal duly adopted and made under the provisions of Section 11-47-60
shall specify and declare that at any time after the expiration of two months from and after
the first publication of the notice of declaration of abandonment and removal required to
be published under the provisions of Section 11-47-62 the human remains then remaining in
such cemetery or part thereof will be removed by such cemetery corporation, association, corporation,
or other person owning or controlling such cemetery. (Acts 1957, No. 389, p. 523, §2.)...
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34-13-3
Section 34-13-3 Construction and application of chapter. Nothing in this chapter shall be construed
to give any cemetery or cemetery authority or any other person or entity the right to enter
into or engage in any funeral home operation or the practice of embalming or funeral directing
or any related funeral home or funeral directing activities. Nor shall this chapter include
any temporary or occasional or extra help to assist in the conduct of a funeral employed on
such basis by a funeral director, provided such funeral is under the direct supervision of
a licensed funeral director. Nor shall this chapter require an out-of-state student to obtain
an Alabama apprenticeship for the purposes of attending mortuary school in the state, as long
as the student has an existing active apprenticeship or internship in his or her state of
residence. (Acts 1975, No. 214, p. 705, §11; Act 2017-433, §1; Act 2018-450, §1.)...
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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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34-13-50
Section 34-13-50 Board recognition of schools and colleges. The Alabama Board of Funeral Service
shall recognize and approve and accept applicants for examination from only those established
embalming schools or colleges which are recognized by the board. The board shall recognize
and approve any embalming school or college approved by the American Board of Funeral Service
Education, and any additional embalming schools or colleges which offer courses of study which
generally include the subjects set out in Section 34-13-94. The Alabama Board of Funeral Service
shall not examine or issue an embalmer's license to any person who does not hold a certificate
of graduation from an embalming school or college meeting the criteria or standards as defined
in this section. The board may not examine or issue a funeral director's license to any person
who has not completed a course of instruction in funeral arts at an accredited mortuary or
funeral service school or college meeting the criteria...
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34-13-73
Section 34-13-73 Scope of examination. (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, the manners in which death may be determined,
the laws governing the preparation and disposal of human dead bodies and the shipment of bodies
dying from infectious or contagious diseases, and local health and sanitary ordinances in
relation to funeral directing. The examination shall be prepared and graded as prescribed
by rule of the board. The board may review and adopt, in whole or in part, examination questions,
forms, examinations, and passing criteria proposed by the American Board of Funeral Service
Education, or a successor organization, and may use the uniform nationwide conditions of the
International Conference of Funeral Service Examining Boards, or other organization approved
by the board. (b) The board shall examine applicants for a funeral...
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45-49-42.01
Section 45-49-42.01 Definitions. (a) MASSAGE. The manipulations of the soft tissue of the human
body either by hand or with mechanical or electrical apparatus. The term does not include
diagnosis or any service or procedure performed by the following individuals while engaged
in the personal performance of the duties of their respective professions: (1) Physicians,
surgeons, chiropractors, osteopaths, nurses, physical therapists, or other allied health professions
who are licensed or registered to practice their respective professions under the laws of
the State of Alabama. (2) Barbers and cosmetologists licensed under the laws of the state
provided that the massage is limited to the head, neck, scalp, feet, and hands. (3) Accredited
high schools and colleges and coaches and trainers of the institutions while acting within
the scope of employment. (4) Trainers of any amateur, semiprofessional athlete, or athletic
team. (5) Massage therapists. (b) MASSAGE PARLOR. Any establishment,...
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13A-11-231
Section 13A-11-231 Definitions. For the purposes of this article, the following terms have
the following meanings: (1) HARASS. To engage in any conduct directed toward a service dog
or handler that is likely to impede or interfere with the performance of a service dog in
its duties or places the health and safety of the service dog or its handler in jeopardy.
Such conduct includes actions which distract, obstruct, or intimidate the service dog, such
as taunting, teasing, or striking. (2) INJURY. Physical or emotional injury to the service
dog. (3) NOTICE. An actual verbal or other communication warning that the behavior of the
person or the dog of the person is harassing toward the performance of a service dog in its
duty or endangering the health and safety of the service dog. (4) SERVICE DOG. A dog that
has been individually trained for the purpose of assisting or accommodating a physician-diagnosed
physical or mental disability or medical condition of a person as that term is used...
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