AL
Alabama House Bill HB84

Alabama 2025 Regular Session

Alabama House Bill HB84 Compare Versions

Only one version of the bill is available at this time.
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11 HB84INTRODUCED
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33 HB84
44 MJL3111-1
55 By Representative Woods
66 RFD: Boards, Agencies and Commissions
77 First Read: 04-Feb-25
88 PFD: 06-Jan-25
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1414 6 MJL3111-1 01/06/2025 ZAK (L)ma 2024-3049
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1616 PFD: 06-Jan-25
1717 SYNOPSIS:
1818 Under existing law, notice of an election and
1919 ballots on which to vote for members of the Board of
2020 Chiropractic Examiners must be mailed to licensees
2121 thereof.
2222 This bill would allow other methods to be used
2323 in sending these notices and ballots.
2424 Under existing law, the Board of Chiropractic
2525 Examiners may issue a limited license to a student or
2626 recent graduate to engage in the practice of
2727 chiropractic under the supervision of a licensee.
2828 This bill would remove the board's authority to
2929 issue such a limited license and provide that a student
3030 practicing under the supervision of a licensee may not
3131 use a title indicating licensure.
3232 Under existing law, a licensee must provide
3333 evidence of completing 18 hours of continuing education
3434 within the preceding year to renew a license.
3535 This bill would provide that a licensee must
3636 provide evidence of completing professional education
3737 work in the number of hours and manner required by rule
3838 of the board.
3939 This bill would also make nonsubstantive,
4040 technical revisions to update the existing code
4141 language to current style.
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7171 language to current style.
7272 A BILL
7373 TO BE ENTITLED
7474 AN ACT
7575 Relating to the Board of Chiropractic Examiners; to
7676 amend Sections 34-24-140, 34-24-145, and 34-24-165, Code of
7777 Alabama 1975, to permit board member election notices and
7878 ballots to be sent using multiple methods; to remove the
7979 board's authority to issue limited licenses; to prohibit
8080 students practicing under licensee supervision from using
8181 titles indicating licensure; to authorize the board to provide
8282 licensee continuing education requirements by rule; and to
8383 make nonsubstantive, technical revisions to update the
8484 existing code language to current style.
8585 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
8686 Section 1. Sections 34-24-140, 34-24-145 and 34-24-165,
8787 Code of Alabama 1975, are amended to read as follows:
8888 "§34-24-140
8989 (a) There is created and established a State Board of
9090 Chiropractic Examiners. The board shall be composed of nine
9191 members. Eight members of the board shall be active licensed
9292 chiropractors elected as provided in this section. Seven of
9393 the elected members shall be elected one from each
9494 congressional district in this state except as otherwise
9595 provided in Section 34-24-141. Any candidate for or member of
9696 the board shall be a resident of the appropriate congressional
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126126 the board shall be a resident of the appropriate congressional
127127 district except one candidate for the board shall be elected
128128 from the state at large at-large. One elected member of the
129129 board shall be elected from the state at-large and shall be an
130130 African-American.
131131 (b) Each elected member of or candidate for the board
132132 shall meet all of the following qualifications:
133133 (1)A citizen and Being a resident of Alabama this state
134134 who has resided in this state for at least five years ;.
135135 (2) Being a graduate of a chartered chiropractic school
136136 or college, which that required actual attendance in the
137137 school as a prerequisite to graduation ;.
138138 (3) currently Currently engaged in the clinical
139139 practice of chiropractic and has been engaged in the clinical
140140 practice in this state for at least the five immediately
141141 preceding years;.
142142 (4) having Having renewed his or her license to
143143 practice chiropractic by September 30 of the year in which the
144144 an election shall take place ;.
145145 (5) Being of good moral character ;.
146146 (6) and must not be Not presently on probation relating
147147 to the practice of chiropractic in any state including this
148148 state.
149149 (b)(c) One member of the board shall be a consumer
150150 member appointed by the Governor. Neither the consumer member ,
151151 nor his or her spouse , shall may be a chiropractor. The
152152 consumer member shall may not be an immediate family member of
153153 a chiropractor, nor shall may he or she be employed in the
154154 chiropractic field.
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184184 chiropractic field.
185185 (c)(d) The elected members of the board shall be
186186 elected as provided in this subsection. In August of any year
187187 that the term of a member of the board expires, the Board of
188188 Chiropractic Examiners board shall mail send a notice of the
189189 election of the board and the method of qualifying as a
190190 candidate to each active licensed chiropractor in the district
191191 where the vacancy occurs at according to his or her permanent
192192 mailing address. The election provided for in this section
193193 subsection shall be conducted by an independent agency such as
194194 a certified public accounting firm unless there is only one
195195 candidate for the board and in this situation, the board shall
196196 certify announce the results. The board shall set a period for
197197 candidates to qualify and the date for the ballots to be
198198 mailed sent. Candidates shall qualify by submitting their name
199199 to the executive director of the board during the qualifying
200200 period which shall be not less than 20 days nor more than 40
201201 days after the notice is mailed sent. Not less than 14 days
202202 after the deadline for qualification, each licensed
203203 chiropractor shall be mailed sent a ballot for the appropriate
204204 congressional district where the vacancy is to be filled. In
205205 order to be counted, the ballots shall be returned by mail to
206206 the independent agency postmarked and time stamped not later
207207 than 14 business days after the ballots were mailed sent by
208208 the board independent agency . The results of the election
209209 shall be certified by the independent agency. The ballots
210210 shall be maintained for a period of six months by the
211211 independent agency. The candidate with a simple majority of
212212 the votes cast in each respective congressional district shall
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242242 the votes cast in each respective congressional district shall
243243 be elected to the board position for that congressional
244244 district. In the event no candidate in a district receives a
245245 majority of the votes, the board shall hold a run-off election
246246 in the same manner as provided in this subsection. The members
247247 of the board shall take office immediately upon at the first
248248 meeting of the board after the election and the executive
249249 director of the board shall set the date of the first meeting
250250 of the board after the election of the new board.
251251 (d)(e) Whenever a vacancy occurs on the board, whether
252252 by death, resignation of a member, or other cause, the vacancy
253253 shall be filled in the same manner as the original election or
254254 appointment for the remainder of the term of office.
255255 (e)(f)(1) The board may employ investigators,
256256 inspectors, attorneys, and any other agents, employees, and
257257 assistants as may from time to time be necessary, and may use
258258 any other means necessary to bring about and maintain a rigid
259259 administration and enforcement of state and federal law.
260260 (2) The board shall have the power to may issue
261261 subpoenas and compel the attendance of witnesses and the
262262 production of all necessary papers, books, records,
263263 documentary evidence and materials, or other evidence. Any
264264 person individual failing or refusing to appear or testify
265265 regarding any matter about which he or she may be lawfully
266266 questioned or to produce any papers, books, records,
267267 documentary evidence or materials, or other evidence in the
268268 matter to be heard, after having been required by order of the
269269 board or by a subpoena of the board to do so, upon application
270270 by the board to any circuit judge of this state, may be
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300300 by the board to any circuit judge of this state, may be
301301 ordered to comply therewith ; and, upon. Upon failure to comply
302302 with the order of the circuit judge, the court may compel
303303 obedience by attachment as for contempt as in case of
304304 disobedience of a similar order or subpoena issued by the
305305 court. The president and or secretary-treasurer of the board
306306 shall have authority to may issue subpoenas , and any board
307307 member shall have authority to may administer oaths to
308308 witnesses, or to take their affirmation. A subpoena or other
309309 process of paper may be served upon any person named therein,
310310 anywhere within the State of Alabama this state, by any
311311 officer authorized to serve subpoenas or other process or
312312 paper in civil actions, in the same manner as is prescribed by
313313 law for subpoenas issued out of the circuit courts of this
314314 state, the fees and mileage and other costs to be paid as the
315315 board directs.
316316 (f)(g) The board shall employ an executive director who
317317 shall be responsible for the administration of board policy.
318318 The executive director may be licensed to practice
319319 chiropractic in this state as provided in this article .
320320 (g)(h) The board shall publish annually a directory
321321 listing all permit holders and all persons licensed to
322322 practice chiropractic in Alabama this state. Copies of the
323323 directory shall be made available from the executive director
324324 at a cost set from time to time by rule of the board.
325325 (h)(i) The membership of the board shall be inclusive
326326 and reflect the racial, gender, geographic, urban/rural urban,
327327 rural, and economic diversity of the state.
328328 (i)(j) Each member of the board shall meet all
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358358 (i)(j) Each member of the board shall meet all
359359 qualifications to be a candidate for his or her seat on the
360360 board during his or her entire term. Any member who fails to
361361 continue to meet the qualifications for his or her seat shall
362362 forfeit his or her seat on the board and resign or the board
363363 seat shall be declared vacant by the board."
364364 "§34-24-145
365365 (a) The State Board of Chiropractic Examiners is hereby
366366 authorized to may establish a preceptorship and extern program
367367 whereby chiropractic students enrolled in their last year at
368368 board-approved chiropractic colleges accredited by the Council
369369 of Chiropractic Education and recent chiropractic graduates of
370370 such schools colleges may be issued a limited license to
371371 practice chiropractic under the direct on-premises supervision
372372 of a sponsor licensed to practice chiropractic in the State of
373373 Alabama this state, and in the case of chiropractic students,
374374 also under the supervision of the school college. A sponsor
375375 may not supervise more than one student or graduate at one
376376 time. The limited license shall expire immediately upon the
377377 board issuing the results of the second licensure examination
378378 A student or graduate practicing chiropractic pursuant to this
379379 section may not use the title "chiropractic," "D.C.," or any
380380 word or title to induce the belief that he or she is engaged
381381 in the practice of chiropractic .
382382 (b) The State Board of Chiropractic Examiners shall
383383 prohibit the use of more than one limited license student or
384384 graduate to one sponsor licensed to practice chiropractic.
385385 (c)(b) The State Board of Chiropractic Examiners is
386386 empowered to establish board may adopt rules and regulations
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416416 empowered to establish board may adopt rules and regulations
417417 for the implementation of to implement this section,
418418 including, but not limited to, providing academic,
419419 professional, and character requirements for eligible
420420 participants, defining the permitted scope of practice of the
421421 limited licensee a student or graduate practicing chiropractic
422422 pursuant to this section , and requiring fees for
423423 participation.
424424 (d)(c) The State Board of Chiropractic Examiners board
425425 shall implement and perform all powers and duties transferred
426426 to it pursuant to Act 81-217, H. 213, 1981 Regular Session
427427 (Acts 1981, p. 271)."
428428 "§34-24-165
429429 (a) Every license to practice chiropractic or permit to
430430 own a chiropractic practice shall be subject to renewal on
431431 September 30 of the year for which it is issued with a grace
432432 period from October 1 to December 31 of each year. Every
433433 person having a valid license or permit may on or before
434434 September 30 renew the license or permit for the ensuing year
435435 by the payment to the board of a fee of not more than four
436436 hundred dollars ($400), the exact amount to be fixed by rule
437437 of the board, adopted in accordance with the Alabama
438438 Administrative Procedure Act , subject to the condition that no
439439 increase or decrease in any one year shall exceed twenty-five
440440 dollars ($25). The license renewal shall be accompanied by
441441 satisfactory evidence that the person has completed during the
442442 preceding year a minimum of 18 hours of professional
443443 educational work approved by the board. The permit renewal
444444 shall be accompanied by satisfactory evidence that the primary
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474474 shall be accompanied by satisfactory evidence that the primary
475475 permit holder has completed the number of approved continuing
476476 education hours in the manner set forth and required by rule
477477 of the board. The board, for good and reasonable cause shown,
478478 may waive the education requirement. The secretary-treasurer
479479 or the executive director of the board shall notify each
480480 licensee or permit holder at least 30 days prior to September
481481 30 of each year of the due date for renewal. In addition to
482482 the renewal fee, a late renewal penalty shall be assessed to
483483 any licensee or permit holder who fails to pay the renewal fee
484484 by September 30 of each year based on the following schedule:
485485 (1) For renewal during the month of October, one
486486 hundred dollars ($100).
487487 (2) For renewal during the month of November, two
488488 hundred dollars ($200).
489489 (3) For renewal during the month of December, three
490490 hundred dollars ($300).
491491 A chiropractor may continue to practice or a permit
492492 holder may continue to own a chiropractic practice until
493493 December 31 of the year for which a license or permit is
494494 issued subject to subsection (b).
495495 (b) The license renewal and permit renewal shall be
496496 accompanied by satisfactory evidence that the licensee or
497497 primary permit holder has completed the number of approved
498498 continuing education hours in the manner set forth and
499499 required by rule of the board. The board, for good and
500500 reasonable cause shown, may waive the education requirement.
501501 (b)(c) A chiropractor may continue to practice or a
502502 permit holder may continue to own a chiropractic practice
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532532 permit holder may continue to own a chiropractic practice
533533 until December 31 of the year for which a license or permit is
534534 issued. Any license issued pursuant to this chapter shall be
535535 automatically suspended if not renewed before January 1. Any
536536 chiropractor whose license is automatically suspended shall be
537537 reinstated if all conditions for renewal have been satisfied
538538 and upon payment of a reinstatement fee on or before January
539539 31. Any chiropractor who seeks reinstatement due to nonrenewal
540540 after the above time January 31 shall comply with Section
541541 34-24-176.
542542 (c)(d) Any licensee who is no longer in active practice
543543 may apply for retirement of his or her license by submitting
544544 an affidavit to that effect on a form supplied by the
545545 executive director. A licensee whose license is retired is
546546 excused from the professional education requirement specified
547547 in this article. The annual fee for maintenance of a retired
548548 license may not be more than one-half of the amount required
549549 by this article for an active license. Any license issued
550550 pursuant to this section shall be automatically suspended if
551551 not renewed before January 1. Any chiropractor whose license
552552 is automatically suspended shall be reinstated if all
553553 conditions for renewal have been satisfied and upon payment of
554554 a reinstatement fee on or before January 31. Any chiropractor
555555 who seeks reinstatement due to nonrenewal after the above time
556556 shall comply with Section 34-24-176.
557557 (d)(e) The board may waive or reduce annual
558558 registration and the payment of fees while any licensee is
559559 prevented from practicing chiropractic by reason of physical
560560 disability, temporary active duty with any of the Armed Forces
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590590 disability, temporary active duty with any of the Armed Forces
591591 of the United States, or while any licensee is completely
592592 retired from the practice of chiropractic. The waiver of fees
593593 shall be effective so long as the disability, temporary active
594594 duty, or complete retirement continues.
595595 (e)(f) The board shall make adopt rules and regulations
596596 as necessary and proper for effectuating or enforcing to
597597 enforce this article.
598598 (f)(g) In addition to other requirements established by
599599 law and for the purpose of determining suitability for
600600 reinstatement of a license to practice chiropractic, each
601601 individual seeking reinstatement shall submit a complete set
602602 of fingerprints to the board and the board shall submit the
603603 fingerprints provided by any such individual to the State
604604 Bureau of Investigations. The fingerprints shall be forwarded
605605 by the State Bureau of Investigations to the Federal Bureau of
606606 Investigation (FBI) for a national criminal history record
607607 check. Costs associated with conducting a criminal history
608608 background check shall be borne by the individual seeking
609609 reinstatement. The board shall keep information received
610610 pursuant to this section confidential, except that such
611611 information received and relied upon in denying reinstatement
612612 may be disclosed as may be necessary to support the denial.
613613 This requirement also shall apply in the same manner to any
614614 person who is not licensed as a chiropractor who applies for
615615 reinstatement of his or her permit pursuant to Section
616616 34-24-123(b).
617617 (h) In addition to other requirements established by
618618 law and for the purposes of determining suitability for
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648648 law and for the purposes of determining suitability for
649649 renewal, the board, in its discretion, may require an
650650 individual seeking renewal of a license to practice
651651 chiropractic, the board may require an individual to submit a
652652 complete set of fingerprints to the board. The board shall
653653 submit the fingerprints provided by any such individual to the
654654 State Bureau of Investigations. The fingerprints shall be
655655 forwarded by the State Bureau of Investigations to the FBI for
656656 a national criminal history record check. Costs associated
657657 with conducting a criminal history background check shall be
658658 borne by the individual seeking renewal. The board shall keep
659659 information received pursuant this section confidential,
660660 except that such information received and relied upon in
661661 denying the renewal may be disclosed as may be necessary to
662662 support the denial. This requirement also shall apply in the
663663 same manner to any person who is not licensed as a
664664 chiropractor who applies for reinstatement or renewal of his
665665 or her permit pursuant to Section 34-24-123(b).
666666 (g)(i) The board shall also establish an inactive
667667 license for persons individuals who desire to be licensed in
668668 Alabama this state but who actually practice in another state.
669669 The annual fee for maintenance of an inactive license shall be
670670 one-half of the amount required by this section for an active
671671 license."
672672 Section 2. This act shall become effective immediately.
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