This page is created for the use of UCM Ministers. The data was accurate at the time of posting however laws and legal interpretation change without notice. Consult the State web page and/or State Attorney’s Office or legal representation for up-to-date information or current legal interpretations. This page is intended for general reference only.
Alabama
http://alisondb.legislature.state.al.us/acas/ACASLogin.asp
Fraudulently pretending to be clergyman. Section 13A-14-4
Whoever, being in a public place, fraudulently pretends by garb or outward array to be a minister of any religion, or nun, priest, rabbi or other member of the clergy, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding $500.00 or confinement in the county jail for not more than one year, or by both such fine and imprisonment. (Acts 1965, 1st Ex. Sess., No. 273, p. 381; Code 1975, §13-4-99.) http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/13a-14-4.
Purpose; legislative intent. Section 16-41-3
The purpose of this chapter is to insure the development of a comprehensive drug abuse education program for all children and youth in grades one through 12. It is the legislative intent that this program shall teach the adverse and dangerous effects on the human mind and body of drugs and that such instruction shall be intensive and that it shall be given immediate emphasis, beginning with the 1971-72 school year. It is further the intent of the Legislature that the voluntary services of persons from the professions of clergy, education, medicine, law enforcement, social services and such other professionally and occupationally qualified individuals as can make a contribution to this program be utilized in its implementation so that the highest possible degree of expertise may be brought to bear. (Acts 1971, No. 1934, p. 3122, §3.) http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/16-41-3.htm
Surrogate; requirements; attending physician consulted, intent of patient followed; persons who may serve as surrogate; priority; validity of decisions; liability; form; declaratory and injunctive relief; penalties. Section 22-8A-11 (a)
If no advance directive for health care has been made, or if no duly appointed health care proxy is reasonably available, or if a valid advance directive for health care fails to address a particular circumstance, subject to the provisions of subsection (c) hereof, a surrogate, in consultation with the attending physician, may, subject to the provisions of Section 22-8A-6, determine whether to provide, withdraw, or withhold life-sustaining treatment or artificially provided nutrition and hydration if all of the following conditions are met: (1) The attending physician determines, to a reasonable degree of medical certainty, that: a. The individual is no longer able to understand, appreciate, and direct his or her medical treatment, and b. The individual has no hope of regaining such ability. (2) Two physicians, one of whom is the attending physician and one of whom shall be qualified and experienced in making such diagnosis, have personally examined the individual and have diagnosed and certified in the medical record that the individual has a terminal illness or injury or has a condition of permanent unconsciousness. (3) The attending physician or other health care provider and the surrogate have no actual knowledge of the existence of a valid advance directive for health care that would give guidance to the provider in treating the individual’s condition. (4) The treating physician determines, to a reasonable degree of medical certainty, that withholding or withdrawing the life-sustaining treatment or artificially provided nutrition and hydration will not result in undue pain or discomfort for the patient. (b) The surrogate shall be a competent adult. (c) The surrogate shall consult with the attending physician and make decisions permitted herein that conform as closely as possible to what the patient would have done or intended under the circumstances, taking into account any evidence of the patient’s religious, spiritual, personal, philosophical, and moral beliefs and ethics, to the extent these are known to the surrogate. Where possible, the surrogate shall consider how the patient would have weighed the burdens and benefits of initiating or continuing life-sustaining treatment or artificially provided nutrition and hydration against the burdens and benefits to the patient of that treatment; except, that any decision by a surrogate regarding the withdrawal or withholding of artificially provided nutrition and hydration from a person who is permanently unconscious shall only be made upon clear and convincing evidence of the patient’s desires. The decision to provide, withdraw, or withhold life-sustaining treatment or artificially provided nutrition and hydration by the surrogate shall be made in good faith and without consideration of the financial benefit or burden which will accrue to the surrogate or the health care provider as a result of the decision. (d) Any of the following persons, in order of priority stated, when persons in prior classes are not available or willing to serve, may serve as a surrogate pursuant to the provisions of this section: (1) A judicially appointed guardian, provided the appointment specifically authorizes the guardian to make decisions regarding the withholding of life-sustaining treatment or artificially provided nutrition and hydration. Nothing in this section shall be construed to require a judicial appointment before a decision can be made under this chapter. In addition, this section shall not be construed to require a judicially appointed guardian who has not been specifically authorized by a court to make decisions regarding the providing, withholding, or withdrawing of life-sustaining treatment or artificially provided nutrition and hydration to make those decisions or to seek court approval to make those decisions; (2) The patient’s spouse, unless legally separated or a party to a divorce proceeding; (3) An adult child of the patient; (4) One of the patient’s parents; (5) An adult sibling of the patient; (6) Any one of the patient’s surviving adult relatives who are of the next closest degree of kinship to the patient; or (7) If the patient has no relatives known to the attending physician or to an administrator of the facility where the patient is being treated, and none can be found after a reasonable inquiry, a committee composed of the patient’s primary treating physician and the ethics committee of the facility where the patient is undergoing treatment or receiving care, acting unanimously; or if there is no ethics committee, by unanimous consent of a committee appointed by the chief of medical staff or chief executive officer of the facility and consisting of at least the following: (i) the primary treating physician; (ii) the chief of medical staff or his or her designee; (iii) the patient’s clergyman, if known and available, or a member of the clergy who is associated with, but not employed by or an independent contractor of the facility, or a social worker associated with but neither employed by nor an independent contractor of the facility. In the event a surrogate decision is being made by an ethics committee or appointed committee of the facility where the patient is undergoing treatment or receiving care, the facility shall notify the Alabama Department of Human Resources for the purpose of allowing the department to participate in the review of the matter pursuant to its responsibilities under the Adult Protective Services Act, Chapter 9 of Title 38. (e) The surrogate shall certify and attest under oath that he or she has contacted one or more of the person or persons who is or are in a class equal to or higher than the surrogate and that each class has either consented or expressed no objections to him or her acting as surrogate or to the decision made by the surrogate. The certification shall be included in the medical record. (f) A surrogate’s decision shall nevertheless be valid if: (1) He or she is unable to contact an individual whose consent or non-objection would otherwise be required because the individual’s whereabouts are unknown, because the individual is in a remote location and cannot be contacted in sufficient time to participate in a decision to provide, withhold, or withdraw the treatment, or because the individual has been adjudged incompetent and remains under that disability; and (2) The surrogate certifies and attests to that fact. In that case, the individual shall not be included in determining whether the individual’s class has consented or expressed no objection as required pursuant to subsection (e). (g) A health care provider who provides, withholds, or withdraws life-sustaining treatment or artificially provided nutrition and hydration from a patient upon the instructions of a surrogate who has certified and attested that he or she has qualified as a surrogate as required by this section shall not be subject to civil or criminal liability or be found to have committed an act of unprofessional conduct for providing, withdrawing, or withholding the life-sustaining treatment or artificially provided nutrition and hydration, nor shall the health care provider be deemed to be under a duty to investigate the truthfulness of the information certified and attested to by the surrogate. (h) A surrogate acting pursuant to this section shall not be subject to civil or criminal liability or found to have committed an act of unprofessional conduct for decisions made in good faith to provide, withhold, withdraw, continue, or institute life-sustaining treatment, or artificially provided nutrition and hydration, unless the surrogate falsely or fraudulently certifies or attests to information required by this section. (i) The Alabama State Board of Health shall prescribe by rule a form, which, when completed by a surrogate and duly notarized, shall constitute the certification of the surrogate as required by this chapter. (j) If any relative, health care provider who is involved directly in the care of the patient, or other individual who is involved directly in providing care to the patient desires to dispute the authority or the decision of a surrogate to determine whether to provide, withhold, or withdraw medical treatment from a patient, he or she may file an action for declaratory and injunctive relief in the circuit court for the county where the patient is under treatment. A health care provider who is confronted by more than one individual who claims authority to act as surrogate for a patient may file an action for declaratory relief in the circuit court for the county where the patient is under treatment. (k) An individual who knowingly certifies and attests to any information which is: (1) Required by this chapter; (2) Material to his or her authorization to act as a surrogate; and (3) False, shall be guilty of a Class C felony. This shall be in addition to, and not in lieu of, penalties for other offenses of which the surrogate may be guilty by reason of this conduct. (Acts 1997, No. 97-187, p. 281, §2.) http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/22-8a-11.htm
Mandatory reporting. Section 26-14-3
(a) All hospitals, clinics, sanitariums, doctors, physicians, surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors, podiatrists, nurses, school teachers and officials, peace officers, law enforcement officials, pharmacists, social workers, day care workers or employees, mental health professionals, members of the clergy as defined in Rule 505 of the Alabama Rules of Evidence, or any other person called upon to render aid or medical assistance to any child, when the child is known or suspected to be a victim of child abuse or neglect, shall be required to report, or cause a report to be made of the same, orally, either by telephone or direct communication immediately, followed by a written report, to a duly constituted authority. (b) When an initial report is made to a law enforcement official, the official subsequently shall inform the Department of Human Resources of the report so that the department can carry out its responsibility to provide protective services when deemed appropriate to the respective child or children. (c) When the Department of Human Resources receives initial reports of suspected abuse or neglect involving discipline or corporal punishment committed in a public or private school or suspected abuse or neglect in a state-operated child residential facility, the Department of Human Resources shall transmit a copy of school reports to the law enforcement agency and residential facility reports to the law enforcement agency and the operating state agency which shall conduct the investigation. When the investigation is completed, a written report of the completed investigation shall contain the information required by the state Department of Human Resources which shall be submitted by the law enforcement agency or the state agency to the county department of human resources for entry into the state’s central registry. (d) Nothing in this chapter shall preclude interagency agreements between departments of human resources, law enforcement, and other state agencies on procedures for investigating reports of suspected child abuse and neglect to provide for departments of human resources to assist law enforcement and other state agencies in these investigations. (e) Any provision of this section to the contrary notwithstanding, if any agency or authority investigates any report pursuant to this section and the report does not result in a conviction, the agency or authority shall expunge any record of the information or report and any data developed from the record. (f) Subsection (a) to the contrary notwithstanding, a member of the clergy shall not be required to report information gained solely in a confidential communication privileged pursuant to Rule 505 of the Alabama Rules of Evidence which communication shall continue to be privileged as provided by law. Acts 1965, No. 563, p. 1049, §1; Acts 1967, No. 725, p. 1560; Acts 1975, No. 1124, p. 2213, §1; Acts 1993, 1st Ex. Sess., No. 93-890, p. 162, §3; Act 2003-272, p. 645, §1.) http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/26-14-3.htm
MARRIAGE
Issue of incestuous marriages not deemed illegitimate Section 30-1-3
The issue of any incestuous marriage, before the same is annulled, shall not be deemed illegitimate. (Code 1852, §1945; Code 1867, §2334; Code 1876, §2673; Code 1886, §2310; Code 1896, §2840; Code 1907, §4880; Code 1923, §8994; Code 1940, T. 34, §3.)
Minimum age for contracting marriage Section 30-1-4
A person under the age of 16 years is incapable of contracting marriage. (Code 1852, §1944; Code 1867, §2333; Code 1876, §2672; Code 1886, §2309; Code 1896, §2839; Code 1907, §4879; Code 1923, §8993; Code 1940, T. 34, §4; Act 2003-150, p. 454, §1.)
Consent of parents and bond required for marriage of certain minors Section 30-1-5
If the person intending to marry is at least 16 years of age and under 18 years of age and has not had a former wife or husband, the judge of probate shall require the consent of the parents or guardians of the minor to the marriage, to be given either personally or in writing, and, if the latter, the execution thereof shall be proved. The judge of probate shall also require a bond to be executed in the penal sum of two hundred dollars ($200), payable to the State of Alabama, with condition to be void if there is no lawful cause why such marriage should not be celebrated. (Code 1852, §1950; Code 1867, §2339; Code 1876, §2678; Code 1886, §2315; Code 1896, §2845; Code 1907, §4885; Code 1923, §8999; Code 1940, T. 34, §10; Act 2003-150, p. 454, §1.)
Solemnization of marriage of parties under age of consent or within prohibited degrees, etc. Section 30-1-6
Any person solemnizing the rites of matrimony with the knowledge that either party is under the age of legal consent, or within the degrees prohibited by law, must, on conviction, be fined not less than $1,000.00. (Code 1852, §1956; Code 1867, §2345; Code 1876, §4430; Code 1886, §4173; Code 1896, §5593; Code 1907, §7391; Code 1923, §4943; Code 1940, T. 34, §5.)
Persons authorized to solemnize marriages. Section 30-1-7
(a) Generally. Marriages may be solemnized by any licensed minister of the gospel in regular communion with the Christian church or society of which the minister is a member; by an active or retired judge of the Supreme Court, Court of Criminal Appeals, Court of Civil Appeals, any circuit court, or any district court within this state; by a judge of any federal court; or by an active or retired judge of probate. (b) Pastor of religious society; clerk of society to maintain register of marriages; register, etc., deemed presumptive evidence of fact. Marriage may also be solemnized by the pastor of any religious society according to the rules ordained or custom established by such society. The clerk or keeper of the minutes of each society shall keep a register and enter therein a particular account of all marriages solemnized by the society, which register, or a sworn copy thereof, is presumptive evidence of the fact. (c) Quakers, Mennonites, or other religious societies. The people called Mennonites, Quakers, or any other Christian society having similar rules or regulations, may solemnize marriage according to their forms by consent of the parties, published and declared before the congregation assembled for public worship. (Code 1852, §1946-1948; Code 1867, §2335-2337; Code 1876, §2674-2676; Code 1886, §2311-2313; Code 1896, §2841-2843; Code 1907, §4881-4883; Code 1923, §8995-8997; Code 1940, T. 34, §6-8; Acts 1988, No. 88-551, p. 867; Act 2003-303, p. 721, §1; Act 2004-485, p. 903, §1.) http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/30-1-7.htm
Fee for performing marriage Section 30-1-8
Any person authorized under this chapter to celebrate the rites of matrimony is entitled to $2.00 for each marriage solemnized. (Code 1852, §1959; Code 1867, §2348; Code 1876, §2683; Code 1886, §2321; Code 1896, §2851; Code 1907, §4891; Code 1923, §9005; Code 1940, T. 34, §18.)
Marriage not to be solemnized without license; issuance, effect and duration of license; solemnization of marriage when license void. Section 30-1-9
No marriage shall be solemnized without a license. Marriage licenses may be issued by the judges of probate of the several counties. The license is an authority to anyone qualified to solemnize marriage to join together in matrimony the persons therein named. Any license issued under the provisions of this section shall be invalid if the marriage for which it was issued has not been solemnized within 30 days from the date of issuance. No person now or hereafter authorized by law to solemnize marriages shall perform any ceremony or solemnize any marriage if the license issued for such marriage has become invalid. Said license shall have stamped or printed upon it the words: “This license is void after 30 days from date unless the marriage is solemnized within said time.” (Code 1852, §1949; Code 1867, §2338; Code 1876, §2677; Code 1886, §2314; Code 1896, §2844; Code 1907, §4884; Code 1923, §8998; Code 1940, T. 34, §9; Acts 1953, No. 276, p. 342; Acts 1961, No. 708, p. 1000.)
Penalty for issuance of marriage license to minor contrary to provisions of chapter Section 30-1-10
A judge of probate, issuing a license for the marriage of a minor contrary to the provisions of this chapter, forfeits $200.00 to the parent or to the guardian of such minor for the use of his ward, for which the parent or guardian may sue. If it be shown that the parent or guardian consented to the marriage, or that at the time of the issuance of the license an affidavit was made by such minor, or some other credible person claiming to know the fact, that such minor was of age required by law, the penalty given by this section is not recoverable. (Code 1852, §1953; Code 1867, §2342; Code 1876, §2681; Code 1886, §§2318, 2319; Code 1896, §§2848, 2849; Code 1907, §§4888, 4889; Code 1923, §§9002, 9003; Code 1940, T. 34, §§15, 16.)
Penalty for solemnization of marriage without license Section 30-1-11
Any person authorized under this chapter to perform a marriage ceremony, who joins any persons in marriage without a license as required by this chapter or who goes out of the state and marries persons, one or both of whom reside in this state, without such license or a license from the state in which the marriage is celebrated, forfeits $1,000.00, one half to the use of the state, and the other half to the use of any person who may sue for the same. (Code 1852, §1955; Code 1867, §2344; Code 1876, §2682; Code 1886, §2320; Code 1896, §2850; Code 1907, §4890; Code 1923, §9004; Code 1940, T. 34, §17.)
Probate judge to maintain register of licenses; register deemed presumptive evidence of facts Section 30-1-12
The judge of probate must keep a book, in which shall be registered all licenses issued by him and which shall state whether the parties, or either of them, were of the age specified in Section 30-1-5. If not, he must also state whether either of them had been previously married, or if consent had been given to the marriage by the parent or guardian. If such consent was in writing, he must transcribe it on the same page on which he records the license, and the record so made, or a certified copy thereof, is presumptive evidence of the facts. (Code 1852, §1951; Code 1867, §2340; Code 1876, §2679; Code 1886, §2316; Code 1896, §2846; Code 1907, §4886; Code 1923, §9000; Code 1940, T. 34, §11.)
Persons solemnizing marriages to execute certificate; recordation thereof; marriage certificate deemed presumptive evidence of fact Section 30-1-13
All persons or religious societies solemnizing marriage by virtue of a license or according to their peculiar forms must, within one month thereafter, certify the fact in writing to the judge of probate, setting forth the names of the parties and the time and place of the celebration thereof, which certificate must be recorded in the book kept for the registry of licenses. A certified copy thereof is presumptive evidence of the fact. (Code 1852, §1952; Code 1867, §2341; Code 1876, §2680; Code 1886, §2317; Code 1896, §2847; Code 1907, §4887; Code 1923, §9001; Code 1940, T. 34, §12.)
Failure of minister, etc., to return marriage certificate to probate judge Section 30-1-14
Any judge, minister of the gospel or other person uniting persons in matrimony or any clerk or keeper of the minutes of a religious society celebrating marriage by the consent of the parties before the congregation, who fails to return a certificate thereof to the judge of probate, as required by law, is guilty of a misdemeanor. (Code 1852, §1957; Code 1867, §2346; Code 1876, §4431; Code 1886, §4174; Code 1896, §5594; Code 1907, §7392; Code 1923, §4944; Code 1940, T. 34, §14.)
Correction of vital error in marriage application, license or certificate Section 30-1-16 (a)
In all instances where a marriage license has been issued and certificate returned and vital error has been made on the face of the application, license or certificate, necessitating that a correction be made thereof, the judge of probate of the county in which the license was issued shall, upon proper petition being filed by either party to the marriage or someone delegated or authorized by him or her, in his or her name and behalf, giving the names and residences of the parties to the marriage, and if the residence is not known, an affidavit by petitioner or petitioner’s attorney that the residence is not known and that diligent effort has been made to locate same, together with a clear statement setting up wherein the correction should be made in the application license or certificate, set a date for hearing the petition after first having given notice of the time and place of the hearing for at least six days by personal service thereof if the other resides in the State of Alabama, unless both parties join in the petition and in such case the petition may be set down for immediate hearing. If the other party to the marriage is a nonresident or has absented himself or herself from the state for six months or longer and his or her address is known, then service may be made by sending a copy of the petition by registered or certified mail, with return receipt requested, to the address of the other party. If the address is not known, service may be made by advertisement in a newspaper published in the county where the petition is filed by one weekly insertion therein. (b) The judge of probate shall, after the filing of the petition and proof of service thereon made, hear any competent evidence that may be offered or such as may be required by him, and if he is satisfied from the proof made that the alleged error or mistake should be corrected, thereupon enter a decree correcting same. (c) The decree made and entered as herein provided shall be recorded in a permanent record in the office of the judge of probate and a copy thereof sent to the Bureau of Vital Statistics of the State of Alabama, and a certified copy of the decree issued by the Bureau of Vital Statistics shall be admissible evidence and prima facie proof in any court of the correctness of the facts stated therein. (d) The cost of the proceeding shall be paid as provided by law in proceedings in the probate court of the State of Alabama, same to be paid by the petitioner or petitioners. (Acts 1943, No. 337, p. 318.)
Correction of marriage records Section 30-1-17 (a)
When the records pertaining to a marriage are incomplete or inaccurate, the judge of probate of a county in which the marriage license was issued shall correct or perfect the same upon proper petition being filed by either party to the marriage, or someone delegated or authorized by him or her, in his or her name and behalf, giving the names and residences of the parties to the marriage, if known, and if the residence is not known, an affidavit by petitioner or petitioner’s attorney that the residence is not known and that diligent effort has been made to ascertain the same, together with a clear statement setting up wherein the record of the marriage should be corrected or perfected. Notice of the time and place set for hearing the application shall be given for at least six days by personal service thereof, if the other party resides in the State of Alabama, unless both parties join in the petition, and in such case the petition may be set down for an immediate hearing. If the other party to the marriage is a nonresident or has absented himself or herself from the state for six months or longer and his or her address is known, then service may be made by sending a copy of the petition by registered or certified mail, with return receipt requested, to the address of the other party. If the address is not known, service may be made by advertisement in a newspaper published in the county where petition is filed by one weekly insertion therein. (b) The judge of probate shall, after the filing of the petition and proof of service is made, hear any competent evidence that may be offered or such as may be required by him, and if he is satisfied from the proof made that the record of marriage in his office is incorrect or incomplete, he may thereupon enter a decree correcting or perfecting the same in the manner prayed for in the petition. (c) The decree made and entered as herein provided shall be recorded in a permanent record in the office of the judge of probate and a copy thereof, certified as prescribed by law, shall be admissible evidence and prima facie proof in any court of the correctness of the facts stated therein. (d) The costs of the proceeding authorized by this section shall be taxed and paid as provided by law in other proceedings in the probate courts of this state. (Acts 1957, No. 559, p. 778.)
Probate judge to notify district attorney of offenses under chapter Section 30-1-18
It is the duty of the judge of probate to give notice to the district attorney of all offenses under this chapter. (Code 1852, §1960; Code 1867, §2349; Code 1876, §2684; Code 1886, §4175; Code 1896, §5595; Code 1907, §7393; Code 1923, §4945; Code 1940, T. 34, §19.) http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/50692.htm
PROTECTION FROM ABUSE
Protection From Abuse. Section 30-5-1 (a)
This chapter shall be known as and may be cited as the “Protection From Abuse Act.” (b) This chapter shall be liberally construed and applied to promote all of the following purposes: (1) To assure victims of domestic violence the maximum protection from abuse that the law can provide. (2) To create a flexible and speedy remedy to discourage violence and harassment against family members or others with whom the perpetrator has continuing contact. (3) To expand the ability of law enforcement officers to assist victims, to enforce the law effectively in cases of domestic violence, and to prevent further incidents of abuse. (4) To facilitate equal enforcement of criminal law by deterring and punishing violence against family members and others who are personally involved with the offender. (5) To recognize that battering is a crime that will not be excused or tolerated. (6) To provide for protection orders to prevent domestic abuse and provide for court jurisdiction and venue; to provide for court hearing for petitions for relief; to provide for the contents and the issuance of protection orders; and to provide penalties for violations of protection orders. (Acts 1981, No. 81-476, p. 826, §1; Acts 1995, No. 95-542, p. 1126, §1.)
Exemptions. Section 34-17A-5 (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 and Mental Retardation 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,” “family therapy intern,” or another title clearly indicating a training status. A person who is completing his or her two-year postgraduate supervision shall be designated as an associate before applying for his or her license as a marriage and family therapist. (3) A psychologist, properly licensed by the State of Alabama, who is practicing within the scope of his or her expertise. (4) A professional counselor, properly licensed by the State of Alabama, who is practicing within the scope of his or her expertise. (5) A licensed certified social worker, properly licensed by the State of Alabama, who is practicing within the scope of his or her expertise. (6) A minister of religion or a nurse when practicing within the scope of his or her expertise. (b) Nothing in this chapter shall be construed to prevent qualified members of other licensed professional groups, including, social workers, attorneys, psychiatric nurses, psychologists, physicians, or professional counselors, or members of the clergy, from providing or advertising that they provide marriage and family therapy or counseling consistent with the accepted standards of their respective professions. (c) Nothing in this chapter shall be construed to permit marriage and family therapists licensed pursuant to this chapter to administer, dispense, or prescribe drugs, or in any manner engage in the practice of medicine as defined by the laws of this state. (Acts 1997, No. 97-170, p. 247, §5; Act 2006-540, p. 1243, §1.) http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/34-17a-5.htm
Exemptions from licensing requirements. Section 34-30-21 (a)
Nothing in this chapter shall be construed to prevent qualified physicians, surgeons, psychologists, psychotherapists, attorneys, marriage counselors, family counselors, school counselors or members of the clergy or any other individual from doing work within the standards and ethics of their respective professions and calling; provided, that they shall not hold themselves out to the public by any title or description of service as being engaged in the practice of social work. (b) Any group already licensed under state law shall be exempt from the provisions of this chapter. (c) Students enrolled in recognized programs of study leading to social work degrees shall not be prevented from practicing social work; provided, that their practice shall be performed under the supervision of a licensed certified social worker, or one who meets the qualifications for licensing as a certified social worker as defined in this chapter. (Acts 1977, No. 652, p. 1102, §3.) http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/34-30-21