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34-13-56.1
Section 34-13-56.1 Unlawful practice without a license. (a) It is unlawful for any person or
entity, for hire or profit, to engage in, or hold himself, herself, or itself out as qualified
to engage in any of the following without a valid license, certification, or registration
issued by the board: (1) The practice of funeral directing. (2) The practice of embalming.
(3) Practicing as an apprentice. (4) Operating a crematory. (5) Practicing as a cremationist.
(b) Any person or entity who has been found to have engaged in the unlawful unlicensed practice
of funeral directing, embalming, apprenticing, operating a crematory, or cremating shall be
subject to a fine of not more than two thousand five hundred dollars ($2,500) for each violation
and other sanctions authorized by this chapter. (Act 2017-433, §2.)...
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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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34-13-56
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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27-17A-2
Section 27-17A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ALTERNATIVE CONTAINER. A nonmetal receptacle or enclosure, without ornamentation
or a fixed interior lining, which is designed for the encasement of human remains and which
is made of cardboard, pressed-wood, composition materials (with or without an outside covering),
or pouches of canvas or other materials. (2) ARRANGEMENT CONFERENCE. The meeting occurring
either at need or preneed between the seller and the purchaser during which funeral or cemetery
merchandise and services are discussed. (3) ARRANGEMENT CONFERENCE FEE. The charge to the
purchaser in conjunction with the arrangement conference. (4) AT NEED. At the time of death,
or immediately following death. (5) AUTHORIZING AGENT. One who is lawfully authorized to control
the final disposition of human remains. (6) BELOW-GROUND CRYPT. A preplaced enclosed chamber,
which is usually constructed of reinforced concrete,...
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34-13-23
Section 34-13-23 Officers; rulemaking authority; compensation; executive director; disposition
of funds. (a)(1) The board appointed under this chapter and each successor thereto is authorized
to select from its own membership a chair and to adopt and promulgate such rules and regulations
for the transaction of its business and for the betterment and promotion of the standards
of service and practice to be followed in the funeral service profession in the State of Alabama
as the board may deem expedient and consistent with the laws of this state and for the public
good. (2) The chair shall preside at all meetings of the board unless otherwise ordered, and
he or she shall exercise and perform all duties and functions incident to the office of chair.
(3) The board may select also from its own membership a vice chair, a secretary, and a treasurer.
No two offices shall be held by the same person. (b) The treasurer shall give bond to the
State of Alabama in the sum of ten thousand dollars...
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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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34-13-27
Section 34-13-27 Seal; scope of rules and regulations. The board shall adopt a common seal,
which may be altered as often as the board may desire, and may adopt and enforce, for the
protection of the public health, safety, and welfare, reasonable rules and regulations relating
to: (1) The practice of the profession of embalming, including, but not limited to, solicitation
of business; (2) The practice of the profession of funeral directing, including, but not limited
to, solicitation of business; (3) The sanitary condition and physical facilities of funeral
homes, mortuaries, and funeral establishments where the profession of embalming and funeral
directing is carried on, with particular regard to plumbing, sewage, disinfecting, ventilation,
and equipment; (4) Carrying out generally the various provisions of this chapter for the protection
of the peace, health, safety, and welfare of the public; and (5) Carrying out a program for
training of apprentice embalmers and apprentice funeral...
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34-13-112
Section 34-13-112 Employment of embalmer or director by other establishments; supervision and
control; licensing of establishment not to license embalmer or director. (a) All applications
for a license to operate a funeral establishment shall show that a managing funeral director
and managing embalmer are employed by the establishment. All applications for a license to
operate a crematory shall show that a managing cremationist is employed by the establishment.
This section shall not be construed to require a full-time licensed embalmer at each funeral
establishment. No funeral establishment shall be licensed except upon the basis of employing
a managing funeral director who lives within 75 miles of the funeral establishment. All embalming
shall be performed under a licensed embalmer. A licensed embalmer is not restricted from working
for more than one funeral establishment. (b) No managing funeral director, based upon whose
license or licenses a funeral establishment license has been...
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34-13-20
Section 34-13-20 Creation; composition; qualifications of members; appointment and removal
from board. (a) There is established the Alabama Board of Funeral Service, consisting of nine
members, each of whom shall be citizens of the United States and residents of the State of
Alabama. (b) The appointing authorities shall coordinate their appointments to assure board
membership is inclusive and reflects the racial, gender, geographic, urban/rural, and economic
diversity of the state. (c) Commencing on January 1, 2019, as the terms of the members serving
on the board on August 1, 2017, expire, the membership of the board shall be reconstituted
to consist of seven professional members and two consumer members. (1) Each professional member
of the board shall be a citizen of the United States, a resident of Alabama, and licensed
and in good standing with the board as an embalmer or funeral director at the time of appointment
and during the entire term of office. Professional members of the...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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