6-5-220
Section 6-5-220 Definitions. As used in this article, the following words and phrases used herein shall have the following meaning ascribed to them: (a) BUILDER. Any individual, partnership, firm, or corporation that constructed, or performed or managed the construction of, an improvement, or any portion thereof, on or to real estate, and at the time of the construction was licensed as a general contractor in the State of Alabama. (b) ARCHITECT. Any individual who, at the time the architectural services were performed, was legally qualified to practice architecture and held an unexpired registration as an architect in the State of Alabama; any partnership, corporation, professional corporation, or professional association which, at the time the architectural services were performed, was legally qualified to practice architecture in the State of Alabama; and all employees or agents of the registered architect or of his or her entity or firm acting under the instruction, control, or...
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34-41-5
Section 34-41-5 Powers of board. (a) The board shall elect from its membership a chair, a vice chair, and a secretary-treasurer. The board shall adopt rules to govern its proceedings. A majority of the appointed membership of the board shall constitute a quorum for all meetings. (b) The board shall, by regulation, adopt an administrative code and a code of professional conduct, which shall be published by the board and distributed to every applicant for licensing and to every licensee under this chapter. The publication shall constitute due notice to all applicants and licensees. The board shall solicit comments from the profession at large concerning these codes and may revise and amend the codes. (c) The board shall have the authority to prepare, administer, and grade oral or written examinations, or both, as required or permitted by this chapter to test an applicant's academic preparation and ability to apply such training to the public practice of geology. The board may take any...
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34-11-35.1
Section 34-11-35.1 Legislative findings; rulemaking authority. (a) In addition to the powers provided to the board by Section 34-11-35, the Legislature finds and declares all of the following: (1) The power to adopt rules regulating the practice of engineering and land surveying in the state includes the power to prohibit unlicensed persons from practicing engineering or land surveying and the power to regulate how licensed persons practice. (2) The primary goal of the provision of engineering and land surveying in the state is to prioritize health, life, safety, welfare, and property. (3) The board is in the best position to determine the engineering and land surveying practices that prioritize health, life, safety, welfare, and property. (4) Prioritizing health, life, safety, welfare, and property may sometimes be at odds with the goals of state and federal antitrust laws which include prioritizing competition and efficiency. (5) It is the intent of the Legislature, by passage of...
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34-39-5
Section 34-39-5 Exceptions. Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of any of the following persons: (1) Any person licensed under any other law of the state from engaging in the profession for which he or she is licensed. (2) Any person employed as an occupational therapist or an occupational therapy assistant by the government of the United States, if the person provides occupational therapy solely under the direction or control of the organization by which he or she is employed. (3) Any person pursuing a course of study leading to a degree in occupational therapy at an accredited or approved educational program if the activities and services constitute a part of a supervised course of study, if the person is designated by a title which clearly indicates his or her status as a student or trainee. (4) Any person fulfilling the supervised fieldwork experience requirements of subdivision (2) of Section 34-39-8. (Acts...
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34-27B-11
Section 34-27B-11 Additional activities permitted under chapter. Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of any of the following: (1) Any person who is licensed in Alabama or certified by an organization accredited by the National Commission for Certifying Agencies and acceptable to the state from engaging in the profession or occupation for which the person is licensed or certified. (2) Any person employed by the United States government who provides respiratory therapy solely under the direction or control of the United States government agency or organization. (3) Any person receiving clinical training while pursuing a course of study leading to registry or certification in a respiratory therapy educational program accredited by the Council on Allied Health Education Programs in collaboration with the Committee on Accreditation for Respiratory Care or their successor organizations. This person will be under direct...
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34-9-7
Section 34-9-7 Exemption of certain practices and operations. (a) Nothing in this chapter shall apply to the following practices, acts, and operations: (1) The practice of his or her profession by a physician or surgeon holding a certificate of qualification as a medical doctor and licensed as such under the laws of this state, provided he or she shall not practice dentistry as a specialty. (2) The practice of dentistry in the discharge of their official duties by graduate dentists or dental surgeons in the United States Army, Navy, Air Force, or other armed services, public health service including, but not limited to, a federally qualified health center authorized and operating under Section 330 of the Public Health Service Act (42 U.S.C. ยง 254B), provided, however, that such federally qualified health centers shall register pursuant to Section 34-9-7.2 (provided further however, dentists, dental hygienists, and other personnel employed by any public health service which performs...
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34-28A-3
Section 34-28A-3 Persons and practices exempt from chapter. Nothing in this chapter shall be construed as preventing or restricting any of the following: (1) Physicians or surgeons or persons under their supervision from engaging in the examining, testing, and diagnosing of speech and audio defects in this state. (2) A hearing instrument fitter and seller (dealer) from engaging in the practice of fitting, testing, and selling hearing instruments in this state. Chapter 14 of this title shall not be repealed or affected in any way. (3) Any person licensed in this state by any other law from engaging in the profession or occupation for which he or she is licensed. (4) The activities and services of a person who holds a valid and current credential as a speech or hearing specialist, or both, issued by the Department of Education of this state or a person who is employed as a speech-language pathologist or audiologist by the government of the United States, if the person performs...
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34-11-30
Section 34-11-30 Creation and composition; nominating committee; terms of office. (a) A State Board of Licensure for Professional Engineers and Land Surveyors is created. It shall be the duty of the board to administer this chapter. The board shall consist of five members licensed as professional engineers, two members licensed as professional land surveyors, and two public members. One of the professional land surveyor members may also be licensed as a professional engineer. All members shall be appointed by the Governor. The five professional engineers shall be appointed from a list of three persons nominated for each appointment by a professional engineer nominating committee; the two professional land surveyors shall be appointed from a list of three persons nominated for each appointment by the Alabama Society of Professional Land Surveyors; and, once the board has adopted rules establishing a public member nominating committee, the two public members shall be appointed from a...
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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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10A-30-1.12
Section 10A-30-1.12 Professional services to be rendered only through licensed officers or employees; applicable to professional associations formed prior to January 1, 1984. A professional association may render professional services only through officers, employees, and agents who are themselves duly licensed or otherwise legally authorized to render professional service within this state. The term "employee," as used in this section, does not include clerks, bookkeepers, technicians, nurses, or other individuals who are not usually or ordinarily considered by custom and practice to be rendering professional services for which a license or other legal authorization is required in connection with the profession practiced by a particular professional association, nor does the term "employee" include any other person who performs all his or her employment under the direct supervision and control of an officer, agent, or employee who is himself or herself rendering professional service...
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