Code of Alabama
Ala. Code § 32-5A-194.1 (2026)
Effect of Certification Permits Issued by State Board of Health; Effect of Rules and Regulations Enacted by State Board of Health.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
All certification permits issued by the State Board of Health shall remain in effect until their termination date or reissued by the Department of Forensic Sciences. All rules and regulations enacted under the authority of this chapter by the State Board of Health shall remain in force until rescinded, modified, or adopted by the Department of Forensic Sciences.
(Acts 1988, No. 88-660, p. 1058, §2.)
Notes of Decisions
Cited in 2
cases, 1994–1995 · leading case: Fillmore v. State, 668 So. 2d 141 (Ala. Crim. App. 1995).
Fillmore v. State, 668 So. 2d 141 (Ala. Crim. App. 1995). “” § 32-5A-194.1, Code of Alabama 1975. Regarding these rules, the Alabama Supreme Court stated: “The only existing rules for breath testing were promulgated by the Board of Health in 1982 and were amended in 1982, 1984, and 1987.”
Mayo v. City of Madison, 652 So. 2d 201 (Ala. 1994). “” 1 Section 2 of that Act, now codified at § 32-5A-194.1, also preserved the rules promulgated by the state Board of Health “until rescinded, modified or adopted” by DFS.”
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