Bill Text: GA SB143 | 2011-2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Massage Therapy Practice; provide that an applicant for a license by endorsement shall provide certain information
Spectrum: Bipartisan Bill
Status: (Passed) 2012-05-02 - Act 724 [SB143 Detail]
Download: Georgia-2011-SB143-Comm_Sub.html
Bill Title: Massage Therapy Practice; provide that an applicant for a license by endorsement shall provide certain information
Spectrum: Bipartisan Bill
Status: (Passed) 2012-05-02 - Act 724 [SB143 Detail]
Download: Georgia-2011-SB143-Comm_Sub.html
11 LC
33 4242S
The
House Committee on Regulated Industries offers the following substitute to
SB 143:
SB 143:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 43 of the Official Code of Georgia Annotated, relating to
professions, so as to revise various provisions relating to the licensure of
certain professions; to provide that an applicant for a license by endorsement
for massage therapy practice shall provide certain information; to repeal
certain obsolete provisions; to revise a definition in the "Georgia Registered
Professional Nurse Practice Act;" to provide for related matters; to provide for
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
43 of the Official Code of Georgia Annotated, relating to professions, is
amended by revising Code Section 43-24A-8, relating to licensure of massage
therapists, applications, and requirements, as follows:
43-24A-8.
(a)
No person may practice massage therapy in this state who is not a licensed
massage therapist or the holder of a valid provisional permit issued by the
division director pursuant to this chapter.
(b)
Prior to
July 1, 2007, any applicant for a license as a massage therapist must submit a
completed application upon a form and in such manner as the board prescribes,
accompanied by applicable fees, and evidence satisfactory to the board
that:
(1)
The applicant is at least 18 years of age;
(2)
The applicant is of good moral character. For purposes of this paragraph, 'good
moral character' means professional integrity and a lack of any conviction for
acts involving moral turpitude where the underlying conduct relates to the
applicant's fitness to practice massage therapy;
(3)
The applicant agrees to provide the board with any and all information necessary
to perform a criminal background check and expressly consents and authorizes the
board or its representative to perform such a check; and
(4)
The applicant has met at least one of the following requirements:
(A)
He or she has completed successfully a board recognized educational program with
a minimum of 500 hours of course and clinical work;
(B)
He or she has passed satisfactorily the National Certification Examination for
Therapeutic Massage and Bodywork, an equivalent test approved by the board, or
an examination administered by another state or jurisdiction whose license
requirements meet or exceed those of this state;
(C)
He or she meets the qualifications necessary to sit for the National
Certification Examination for Therapeutic Massage and Bodywork or has
substantially similar qualifications as determined by the board;
(D)
He or she holds a license as a massage therapist in another state or
jurisdiction whose license requirements meet or exceed the licensing
requirements of this state;
(E)
He or she has practiced massage therapy for at least ten hours per week on
average for at least ten years prior to the date of application and has
completed at least 100 hours of formal training in massage therapy as determined
by the board;
(F)
He or she has practiced massage therapy for at least five years prior to the
date of application and has completed a minimum of 200 hours of formal training
in massage therapy as determined by the board;
(G)
He or she has, to the satisfaction of the board, training in another state or
jurisdiction that meets or exceeds the requirements for licensing in this
state;
(H)
He or she has been a member, as a massage therapist, for a period of one year
prior to his or her application for licensure of a professional massage therapy
association established before 2002 which holds its members to a published code
of ethics; or
(I)
He or she has been legally practicing massage therapy in this state for
compensation prior to July 1, 2005.
(c)
On and after July 1, 2007, any
Any
applicant for a license as a massage therapist must submit a completed
application upon a form and in such manner as the board prescribes, accompanied
by applicable fees, and evidence satisfactory to the board that:
(1)
The applicant is at least 18 years of age;
(2)
The applicant has a high school diploma or its recognized
equivalent;
(3)
The applicant is a citizen of the United States or a permanent resident of the
United States;
(4)
The applicant is of good moral character. For purposes of this paragraph, 'good
moral character' means professional integrity and a lack of any conviction for
acts involving moral turpitude where the underlying conduct relates to the
applicant's fitness to practice massage therapy;
(5)
The applicant
has satisfactory results from a fingerprint record check report conducted by the
Georgia Crime Information Center and the Federal Bureau of Investigation, as
determined by the board. Application for a license under this Code section
shall constitute express consent and authorization for the board or its
representative to perform a criminal background check. Each applicant who
submits an application to the board for licensure by examination agrees to
provide the board with any and all information necessary to run a criminal
background check, including, but not limited to, classifiable sets of
fingerprints. The applicant shall be responsible for all fees associated with
the performance of such background check
The
applicant agrees to provide the board with any and all information necessary to
perform a criminal background check and expressly consents and authorizes the
board or its representative to perform such a
check;
(6)
The applicant has completed successfully a board recognized educational program
consisting of a minimum of 500 hours of course and clinical work;
and
(7)
The applicant has passed satisfactorily the National Certification Examination
for Therapeutic Massage and Bodywork, an equivalent test approved by the board,
or an examination administered by another state or jurisdiction whose license
requirements meet or exceed those of this state."
SECTION
2.
Said
title is further amended by revising paragraph (3) of Code Section 43-24A-13,
relating to license by endorsement, as follows:
"(3)
The applicant
has satisfactory results from a fingerprint record check report conducted by the
Georgia Crime Information Center and the Federal Bureau of Investigation, as
determined by the board. Application for a license under this Code section
shall constitute express consent and authorization for the board or its
representative to perform a criminal background check. Each applicant who
submits an application to the board for licensure by endorsement agrees to
provide the board with any and all information necessary to run a criminal
background check, including, but not limited to, classifiable sets of
fingerprints. The applicant shall be responsible for all fees associated with
the performance of such background check
The
applicant agrees to provide the board with any and all information necessary to
perform a criminal background check and expressly consents and authorizes the
board or its representative to perform such a
check; and"
SECTION
3.
Said
title is further amended in Code Section 43-26-3, relating to definitions
relative to the "Georgia Registered Professional Nurse Practice Act," by
revising paragraph (1.2) as follows:
"(1.2)
'Approved nursing education program' located in this state means a nursing
education program approved by the board as meeting criteria established by the
board. An 'approved nursing education program' located outside this state means
a nursing education program that the board has determined to meet criteria
similar to and not less stringent than criteria established by the board. In
order to be approved by the board, a nursing education program must be one that
is offered by:
(A)
A unit of the University System of Georgia accredited by the Commission on
Colleges of the Southern Association of Colleges and Schools;
(B)
An institution of the Technical College System of Georgia accredited by the
Commission on Colleges of the Southern Association of Colleges and
Schools;
(C)
A nonprofit postsecondary institution of higher education that is accredited by
a regional accrediting agency recognized by the United States Department of
Education;
or
(D)
A proprietary institution of higher education that is accredited by a regional
accrediting agency recognized by the United States Department of
Education;
or
(E)
A nonprofit postsecondary institution of higher education that is a four-year
institution that is not accredited in accordance with subparagraph (C) of this
paragraph, but whose curriculum has been determined by the board to meet
criteria similar to and not less stringent than criteria established by the
board for other approved nursing education
programs."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.