(a) When reviewing an applicant for initial licensure under this article, the Board of Health may require a fingerprint-based state and national criminal background check through the Alabama State Law Enforcement Agency for purposes of determining the applicant’s suitability for licensure.

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7
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Terms Used In Alabama Code 22-18-9

  • Conviction: A judgement of guilt against a criminal defendant.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
(b) The applicant shall pay all costs associated with a required criminal background check at the same time the applicant pays the initial licensure fee.
(c) Upon receipt of an authorized request and payment from the board, the Alabama State Law Enforcement Agency shall promptly cause the criminal background check to be conducted and return the results directly to the board.
(d) Results of the criminal background check received by the board shall be privileged and shall not be a public record nor disclosed to any individual within the Board of Health beyond those authorized, as determined by the board. The Board of Health shall comply with rules of the Alabama Justice Information Commission and the Federal Bureau of Investigation regarding the use of criminal records. Any person who releases or discloses these records in violation of these rules, upon conviction, shall be guilty of a misdemeanor and, for each offense, may be fined not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000), or imprisoned for not less than 30 days nor more than one year, or both.
(e) The board, any law enforcement agency, or any employee thereof acting reasonably shall not be responsible for the accuracy of information provided pursuant to this section nor shall they be liable for defamation, invasion of privacy, negligence, or any other claim relating to or arising from the dissemination of information pursuant to this section.
(f) In conjunction with requiring criminal history background checks, the board shall establish a policy to determine which convictions would prevent an applicant from being licensed by the board.
(g) The board shall adopt rules to implement this section.
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