Code of Alabama

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34-8A-3
Section 34-8A-3 Construction and application of chapter. (a) Nothing in this chapter shall
be construed to apply to any of the following: (1) The activities, services, and use of an
official title on the part of a person employed as a counselor by any federal, state, county,
or municipal agency; public or private educational institution; medical personnel in a clinic
or hospital that is certified by the Alabama Department of Public Health or any successor
to such department or that is accredited by the Joint Commission on Accreditation of Health
Care Organizations or any successor to such commission; law practice; or licensed private
employment agencies, provided such persons are performing counseling or counseling-related
activities within the scope of their employment. (2) The activities and services of a student,
intern, or trainee in counseling pursuing a course of study in counseling in a regionally
accredited institution of higher learning or training institution, if these...
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34-34A-10
Section 34-34A-10 Exceptions. This chapter does not prevent or restrict the practice, services,
or activities of: (1) A dietetic technician, from engaging in the practice of dietetics/nutrition
under the supervision of a licensed dietitian/nutritionist provided such activities are related
to employment. (2) A student enrolled in an approved educational program in dietetics/nutrition
from engaging in the practice of dietetics/nutrition under the supervision of a licensed dietitian/nutritionist
provided the activities are part of such program. (3) A dietitian/nutritionist who is serving
in the armed forces or the public health services of the United States or is employed by the
Veterans Administration or other federal government agencies or the cooperative extension
system from engaging in the practice of dietetics/nutrition provided such practice is related
to such service or employment. (4) A duly licensed health professional from engaging in the
practice of dietetics/nutrition when...
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38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires,
have the meanings ascribed to them in this section. When not inconsistent with the context,
words used in the present tense include the future, words in the singular number include the
plural number, and words in the plural number include the singular number, and the word "shall"
is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age,
a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117,
or a person under 21 years of age in foster care as defined by the Department of Human Resources.
(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more
than 10 children are received and maintained for the purpose of providing them with care or
training or both, or transitional living program services, but does not include: a. Any institution
for child care which is under the ownership or control,...
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5-26-3
by the Farm Credit Administration; and (b) Is registered with, and maintains a unique identifier
through, the Nationwide Mortgage Licensing System and Registry, or if prior to the Federal
Banking Agencies establishing a registration system, would be subject to registration under
the registration system when established by the Federal Banking Agencies and then would maintain
a unique identifier. (12) RESIDENTIAL MORTGAGE LOAN. The term "residential mortgage loan"
means any loan primarily for personal, family, or household use that is secured by
a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling
(as defined in Section 103(v) of the Truth in Lending Act) or residential real estate upon
which is constructed or intended to be constructed a dwelling. (13) RESIDENTIAL REAL ESTATE.
The term "residential real estate" means any real property located in Alabama, upon
which is constructed or intended to be constructed a dwelling. (14) SUPERVISOR. The...
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34-8A-16
outside the area of their training, experience, or competence. (7) Is legally adjudicated mentally
incompetent, the record of the adjudication being conclusive evidence thereof. (8) Has willfully
or negligently violated any of the provisions of this chapter or any of the rules and regulations
adopted thereunder. (9) Has been practicing as a counselor without a license. (b)(1) Notice
of denial, revocation, suspension, or disciplinary action is required to be sent by registered
mail or personal service setting forth the particular reasons for the proposed action
and fixing a date not less than 30 days nor more than 60 days from the date of the mailing
or service, at which time the applicant, licentiate, or associate shall be given an opportunity
for a prompt and fair hearing. The written notice shall be sent to the last known address
of the person, but the nonappearance of the person shall not prevent the hearing. The hearing
shall be conducted by the board by means of sworn,...
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22-50-17
Section 22-50-17 Operation of a facility for care or treatment of mental or emotional illness
or substance abuse, or services to persons with an intellectual disability. (a) No person,
partnership, corporation, or association of persons shall operate a facility or institution
for the care or treatment of any kind of mental or emotional illness or substance abuse or
for providing services to persons with an intellectual disability as defined in this chapter,
without being certified by the department or licensed by the State Board of Health; provided
that nothing in this section shall be construed so as to require a duly authorized physician,
psychiatrist, psychologist, social worker, licensed professional counselor operating under
the scope of his or her license, or Christian Science practitioner to obtain a license for
treatment of patients in his private office, unless he keeps two or more patients in his office
for continuous periods of 24 hours or more in one week, or that a church...
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34-17A-5
Section 34-17A-5 Exemptions. (a) The following persons shall be exempt from this chapter: (1)
A person practicing marriage and family therapy as part of his or her duties as an employee
of a recognized educational institution; a federal, state, county, or municipal governmental
institution or agency; a public corporation authorized by Section 22-51-2, which is certified
by the Alabama Department of Mental Health pursuant to a contract with the State of Alabama;
or an organization that is nonprofit while performing those duties for which the employee
was employed by the institution, agency, facility, or organization. (2) A person who is a
marriage and family therapy intern or person preparing for the practice of marriage and family
therapy under qualified supervision in a training institution or facility or supervisory arrangement
recognized and approved by the board, provided, that he or she is designated by title as a
"marriage and family therapy intern," "marriage therapy intern,"...
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25-4-10
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
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22-50-11
Section 22-50-11 Department - Additional and cumulative powers. The Department of Mental Health
is given hereby the following additional and cumulative powers through its commissioner: (1)
It is authorized and directed to set up state plans for the purpose of controlling and treating
any and all forms of mental and emotional illness and any and all forms of mental retardation
and shall divide the state into regions, districts, areas or zones, which need not be geographic
areas, but shall be areas for the purpose of establishing priorities and programs and for
organizational and administrative purposes in accordance with these state plans. (2) It is
designated and authorized to supervise, coordinate, and establish standards for all operations
and activities of the state related to mental health and the providing of mental health services;
and it is authorized to receive and administer any funds available from any source for the
purpose of acquiring building sites for, constructing,...
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22-8B-3
employee, researcher, medical or nursing school faculty member, student, or employee, counselor,
social worker, or any professional, paraprofessional, or any other person who furnishes or
assists in the furnishing of health care services. (5) LIFE-SUSTAINING TREATMENT. Any medical
treatment, procedure, or intervention that, in the judgment of the attending physician, when
applied to the patient, would serve only to prolong the dying process where the patient has
a terminal illness or injury, or would serve only to maintain the patient in a condition
of permanent unconsciousness. These procedures include, but are not limited to, assisted ventilation,
cardiopulmonary resuscitation, renal dialysis, surgical procedures, blood transfusions, and
the administration of drugs and antibiotics. Life-sustaining treatment does not include the
administration of medication or the performance of any medical treatment where, in the opinion
of the attending physician, the medication or treatment...
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