Bill Text: GA SB204 | 2011-2012 | Regular Session | Introduced

Georgia Senate Bill 204 (Prior Session Legislation)

Introduced

Bill Title: Personal Fitness Trainers; provide licensure; definitions; establish Georgia Board of Fitness Trainers

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-03-04 - Senate Read and Referred [SB204 Detail]

Download: Georgia-2011-SB204-Introduced.html

11 LC 35 2159

Senate Bill 204

By: Senator Jones of the 10th

A BILL TO BE ENTITLED
AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensure of personal fitness trainers; to provide for definitions; to establish the Georgia Board of Fitness Trainers and provide for its composition; to provide for qualifications, terms, and vacancies of members; to provide for officers; to provide for records; to provide for reimbursement of members; to provide for duties of the board; to provide that no person shall provide personal fitness training without a license; to provide for qualifications for personal fitness trainers; to provide for applications for licensure; to provide for denial, suspension, or revocation of licenses; to provide for hearings; to provide for appeals; to provide for construction and application; to provide for penalties; to provide for related matters; to provide 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 and businesses, is amended by adding a new chapter to read as follows:

"CHAPTER 5A

43-5A-1.

As used in this chapter, the term:

(1) 'Board' means the Georgia Board of Fitness Trainers.

(2) 'Healthy individual' means a person without a known medical condition which medical condition may be worsened or become life threatening by exercise or which medical condition reasonably requires physician oversight of any exercise program. An individual who has received approval from a physician to participate in a physical fitness program conducted by a personal fitness trainer shall be presumed to be a healthy individual for purposes of this chapter.

(3) 'Personal fitness trainer' means a person with specific qualifications, as set forth in this chapter, who is a fitness professional that develops and implements an individualized approach to exercise, including personal training and instruction in physical fitness and conditioning for a healthy individual. Personal fitness trainer shall include personal trainers, professional fitness trainers, and persons performing similar physical fitness training, regardless of the designation used.

43-5A-2.

(a) The Georgia Board of Fitness Trainers is hereby established and shall be composed of 11 members. To be eligible to be a member, a person shall be a citizen of the United States and a resident of this state for at least two years. Three members shall be appointed by the Governor. Of the members appointed by the Governor, at least one shall be a personal fitness trainer certified by a national certification organization that is accredited by the National Commission for Certifying Agencies, one shall be a representative of a commercial health club, and one shall be a professor from an academic institution who specializes in the area of kinesiology and health. Four members shall be appointed by the President of the Senate. Of the members appointed by the President of the Senate, at least one shall be a representative of a community health and wellness center, one shall be a representative of a corporate wellness program, and one shall be a consumer protection advocate. Four members shall be appointed by the Speaker of the House. Of the members appointed by the Speaker of the House, at least one shall be a member of the Committee on Accreditation for the Exercise Sciences of the Commission on Accreditation of Allied Health Education Programs or similarly nationally recognized program, one shall be a professor of exercise sciences from an academic institution, and one shall be a physician who specializes in the area of sports medicine.

(b) Except as provided in this subsection for initial appointments, each member shall serve for a term of office of four years and until his or her replacement has been appointed and qualified to serve. Members shall be appointed on January 1. All terms shall expire on December 31. In making the initial appointments, the Governor shall appoint three members, the President of the Senate shall appoint one member, and the Speaker of the House of Representatives shall appoint one member, each of whom shall serve for a term beginning on January 1, 2012, and expiring on December 31, 2013. In making initial appointments, the President of the Senate and the Speaker of the House of Representatives shall each appoint three members for a term beginning on January 1, 2012, and expiring on December 31, 2015. Incumbent members may be reappointed for subsequent terms.

(c) Each appointee to the board shall qualify by taking an oath of office within 15 days from the date of appointment. On presentation of the oath, the Secretary of State shall issue commissions to appointees as evidence of their authority to act as members of the board.

(d) In the event of death, resignation, or removal of any member, the vacancy of the unexpired term shall be filled by the appointing authority in the same manner as other appointments.

(e) Members may be removed from office for misfeasance or malfeasance in office. Any member committing a felony shall be automatically removed. Members may be removed for failure to attend three or more regularly scheduled meetings or other neglect of service, unless for just cause the member is excused by the appointing authority.

(f) Membership on the board shall not constitute service of public office, and no member shall be disqualified from holding public office by reason of his or her membership.

43-5A-3.

(a) The board shall elect a chairperson and a vice chairperson from among its members for a term of one year and may appoint such committees as it considers necessary to carry out its duties.

(b) The board shall meet at least twice each year. Additional meetings may be held on the call of the chairperson or at the written request of any three members of the board.

43-5A-4.

The board shall appoint a secretary to the board who shall keep a record of the board's proceedings in a book maintained for that purpose.

43-5A-5.

Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

43-5A-6.

(a) The board shall be authorized to promulgate rules and regulations consistent with this chapter which are necessary for the performance of its duties.

(b) The board shall prescribe application forms for license applications.

(c) The board shall establish guidelines for personal fitness trainers in this state and prepare and conduct an examination for applicants for a license, which may include, but not be limited to:

(1) Adequate knowledge of and skill in risk factor and health status identification, fitness appraisal, and exercise preparation;

(2) Demonstrated ability to incorporate suitable and innovative activities that will improve an individual's functional capacity; and

(3) Demonstrated ability to effectively educate and communicate with individuals regarding lifestyle modification.

(d) The board shall adopt an official seal and the form of a license certificate of suitable design.

43-5A-7.

No person shall hold himself or herself out as a personal fitness trainer or perform, for compensation, any of the activities of a personal fitness trainer without first obtaining a license under this chapter.

43-5A-8.

(a) An applicant for a personal fitness trainer's license shall meet minimum qualifications and training requirements as established by the board.

(b) The board may grant a personal fitness trainer's license without examination to any qualified applicant who holds a certification from a national certification organization that is accredited by the National Commission for Certifying Agencies.

(d) An applicant shall be at least 18 years of age and possess a valid Georgia driver's license.

43-5A-9.

(a) An applicant for a personal fitness trainer's license shall submit an application to the board on forms prescribed by the board and shall submit the examination fee and application fee required by this chapter or the board. As a part of that application process, the applicant shall be required to undergo a criminal history background check prescribed by and under such terms and conditions set by the board.

(b) The applicant shall be entitled to a personal fitness trainer's license if he or she possesses the qualifications enumerated in this chapter, pays the required license and application fee, and has not committed an act which constitutes grounds for denial of a license under Code Section 43-5A-10.

(c) Licenses issued by the board shall expire biennially. As a condition of license renewal, the board shall be authorized to require licensees to complete continuing education courses approved by the board.

43-5A-10.

The board may refuse to issue a license to an applicant or may suspend or revoke the license of any licensee if he or she has:

(1) Committed a felony or misdemeanor involving moral turpitude, a record of conviction being conclusive evidence of the commission of the offense;

(2) Secured the license by fraud or deceit;

(3) Is currently under warrant for arrest;

(4) Is in substantial violation of a valid court order for child support payments; or

(5) Violated or conspired to violate or failed to abide by the law, this chapter, or rules and regulations adopted by the board as provided for in this chapter.

43-5A-11.

(a) Any person whose application for a license is denied or whose license is canceled, suspended, or revoked shall be entitled to a hearing before the board upon submission of a written request to the board. Those procedures set forth in the rules and regulations of the board shall apply to the hearing before the board.

(b) Proceedings for the cancellation, revocation, or suspension of a license shall be commenced by filing charges with the board in writing and under oath. The charges may be made by any person or persons.

(c) The board shall fix a time and place for a hearing and shall cause a written copy of the charges or reason for denial of a license, together with a notice of the time and place fixed for the hearing, to be served on the applicant requesting the hearing or licensee against whom the charges have been filed at least 20 days prior to the date set for the hearing. Service of charges and notice of hearing may be given by certified mail or statutory overnight delivery, return receipt requested, to the last known address of the applicant or licensee.

(d) At the hearing, the applicant or licensee shall have the right to appear either personally or by counsel, or both, to produce witnesses, to have subpoenas issued by the board, and to cross-examine the opposing or adverse witnesses.

(e) The board shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of the proceedings, but the determination shall be founded upon sufficient legal evidence to sustain it. Witnesses shall give testimony under oath and shall be subject to punishment for false swearing by petition filed with the superior court of the county where the hearing is held. A record of the proceedings and testimony shall be maintained.

(f) The board shall determine the charges on their merits and enter an order in a permanent record setting forth the findings of fact and law and the action taken. A copy of the order of the board shall be mailed to the applicant or licensee at his or her last known address by certified mail or statutory overnight delivery, return receipt requested.

(g) On application, the board may reissue a license to a person whose license has been canceled or revoked, but the application shall not be made prior to the expiration of a period of 24 months after the order of cancellation or revocation has become final; and the application shall be made in the manner and form as the board may require.

43-5A-12.

(a) A person whose application for a license has been refused or whose license has been canceled, revoked, or suspended by the board may make an appeal, within 30 days after the order is entered, to any court of competent jurisdiction in the Superior Court of Fulton County or in the applicant or licensee's county of residence.

(b) A case reviewed under this Code section shall be confined to a review of the administrative record. The decision of the board shall be reversed only if it is found to be clearly erroneous. Appeal from the judgment of the superior court lies as in other civil cases.

43-5A-13.

(a) Nothing in this chapter shall be construed to authorize the practice of medicine by any person not licensed by the Georgia Composite Medical Board.

(b) No provision of this chapter shall be construed so as to limit or prevent any person duly licensed under the laws of this state to practice the profession for which he or she was licensed.

43-5-14.

Any person who violates Code Section 43-5A-7 shall be guilty of practicing as a personal fitness trainer without a license and shall be punished as for a misdemeanor of a high and aggravated nature by the imposition of a fine not to exceed $5,000.00, or confinement for not more than 12 months, or both."

SECTION 2.

This Act shall become effective on March 31, 2012; provided, however, that provisions related to the establishment of the Georgia Board of Fitness Trainers in Code Sections 43-5A-1, 43-5A-2, 43-5A-3, 43-5A-4, 43-5A-5, and 43-5A-6 shall become effective on December 31, 2011.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.