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SB 338

Alabama Board of Examiners in Counseling; authorized to conduct criminal history background checks

2026 Regular Session Introduced by Will Barfoot

Alabama law authorizes the Board of Examiners in Counseling to conduct criminal background checks on counseling license applicants and current licensees.

Currently Indefinitely Postponed
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Bill Summary · SB 338

Legislative bill overview

SB 338 authorizes the Alabama Board of Examiners in Counseling to conduct criminal history background checks on counseling license applicants and licensees. The bill grants this regulatory board independent authority to access and review criminal records as part of their licensing and disciplinary processes.

Why is this important

Criminal background checks are standard practice in regulated professions involving vulnerable populations, and counseling involves direct client care. This authorization clarifies the Board's legal authority to perform these checks, potentially streamlining licensing procedures and enhancing public safety oversight of mental health practitioners.

Potential points of contention

  • Privacy and data access: Expanding access to criminal history databases raises questions about data security, retention, and whether background checks should be limited to convictions or include arrests
  • Scope of disqualification: The bill doesn't specify which criminal records would disqualify applicants, creating ambiguity about whether minor or remote offenses would block licensure
  • Regulatory authority: Some may question whether the Board needs explicit statutory authorization or already possesses this power, and whether additional Board powers should require legislative oversight

Compiled from official sources — confirm details with the bill’s official record.

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