Bill Text: GA SB445 | 2011-2012 | Regular Session | Introduced
Bill Title: Secretary of State; create the position of director of professional licensing; provide powers, duties, and responsibilities
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2012-02-28 - Senate Withdrawn Bill/Res Consideration [SB445 Detail]
Download: Georgia-2011-SB445-Introduced.html
12 LC 21
1617
Senate
Bill 445
By:
Senators Hamrick of the 30th, Mullis of the 53rd, Hooks of the 14th, Chance of
the 16th, Rogers of the 21st and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 10 of the Official Code of Georgia Annotated, relating to commerce
and trade, so as to transfer certain powers and duties of the State Board of
Cemeterians to the Georgia Board of Licensing and Regulation and the director of
professional licensing; to amend Part 2 of Chapter 6 of Title 12 of the Official
Code of Georgia Annotated, relating to the practice of forestry, so as to
transfer certain powers and duties of the State Board of Registration for
Foresters to the Georgia Board of Licensing and Regulation and the director of
professional licensing; to amend Chapter 4 of Title 26 and Articles 2 and 3 of
Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to
pharmacists and pharmacies, regulation of controlled substances, and dangerous
drugs, respectively, so as to transfer certain powers and duties from the
Georgia State Board of Pharmacy to the Georgia Board of Licensing and Regulation
and the director of professional licensing; to amend Title 43 of the Official
Code of Georgia Annotated, relating to professions and businesses, so as to
create within the office of the Secretary of State the position of director of
professional licensing; to provide for powers, duties, and responsibilities; to
provide that the director shall implement rules and regulations relating to
certain regulated professions and businesses; to provide that the director shall
test, license, and discipline persons licensed pursuant to such title; to create
the Georgia Board of Licensing and Regulation; to provide for assignment for
administrative purposes; to provide for membership, appointment, and terms; to
provide that such board shall promulgate rules and regulations governing certain
regulated business and professions; to provide for the continuation of certain
rules and regulations; to provide that such board shall hear administrative
appeals from certain actions by the director of professional licensing; to
transfer certain powers and duties of licensing boards and commissions to the
director of professional licensing and the Georgia Board of Licensing and
Regulation; to conform certain provisions relative to Title 24, relating to
evidence, to become effective on January 1, 2013; to amend various titles of the
Official Code of Georgia Annotated so as to correct cross-references and to
conform those provisions to the duties of the director and the Georgia Board of
Licensing and Regulation; to provide for effective dates; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
SECTION 1-1.
SECTION 1-1.
Title
10 of the Official Code of Georgia Annotated, relating to commerce and trade, is
amended by revising Chapter 14, relating to cemetery and funeral services, as
follows:
"CHAPTER
14
10-14-1.
This
chapter shall be known as and may be cited as the 'Georgia Cemetery and Funeral
Services Act of 2000.'
10-14-2.
(a)
The legislature recognizes that purchasers of preneed burial rights, funeral or
burial merchandise, or funeral services or burial services may suffer serious
economic harm if purchase money is not set aside for future use as intended by
the purchaser and that the failure to maintain cemetery grounds properly may
cause significant emotional distress. Therefore, it is necessary in the interest
of the public welfare to regulate preneed dealers, licensees, registrants, and
cemetery companies in this state. However, restrictions shall be imposed only to
the extent necessary to protect the public from significant or discernible harm
or damage and not in a manner which will unreasonably affect the competitive
market.
(b)
Subject to certain interests of society, the legislature finds that every
competent adult has the right to control the decisions relating to his or her
own funeral arrangements. Accordingly, unless otherwise stated in this chapter,
it is the legislature's express intent that nothing contained in this chapter
should be construed or interpreted in any manner as to subject preneed contract
purchasers to federal income taxation under the grantor trust rules contained in
Sections 671 et seq. of the Internal Revenue Code of 1986, as
amended.
(c)
Nothing herein is intended to prohibit or restrict the sale or purchase of life
insurance as a funding vehicle for preneed contracts under this chapter, nor to
change the state of the law prior to July 1, 2000, with respect to prohibiting
or restricting the sale or purchase of life insurance as a funding vehicle for
preneed contracts under this chapter.
10-14-3.
As
used in this chapter, the term:
(1)
'Affiliate' means a person who directly or indirectly owns or controls, is owned
or controlled by, or is under common ownership or control with another person.
Solely for purposes of this definition, the terms 'owns,' 'is owned,' and
'ownership' mean ownership of an equity interest, or the equivalent thereof, of
10 percent or more, and the term 'person' means an individual, partnership,
committee, association, corporation, or any other organization or group of
persons.
(2)
'Board' means the State Board of Cemeterians as described and authorized in
Chapter 8B of Title
43, a
professional licensing policy board pursuant to Chapter 1 of Title 43 with the
authority and responsibilities set forth in such
chapter.
(3)
'Burial merchandise,' 'funeral merchandise,' or 'merchandise' means any personal
property offered or sold by any person for use in connection with the final
disposition, memorialization, interment, entombment, or inurnment of human
remains.
(4)
'Burial right' means the right to use a grave space, mausoleum, or columbarium
for the interment, entombment, or inurnment of human remains.
(5)
'Burial service' means any service other than a funeral service offered or
provided by any person in connection with the final disposition,
memorialization, interment, entombment, or inurnment of human
remains.
(6)
'Care and maintenance' means the perpetual process of keeping a cemetery and its
lots, graves, grounds, landscaping, roads, paths, parking lots, fences,
mausoleums, columbaria, vaults, crypts, utilities, and other improvements,
structures, and embellishments in a well cared for and dignified condition, so
that the cemetery does not become a nuisance or place of reproach and desolation
in the community. As specified in the rules of the Secretary of State, care and
maintenance may include, but is not limited to, any or all of the following
activities: mowing the grass at reasonable intervals; raking and cleaning the
grave spaces and adjacent areas; pruning of shrubs and trees; suppression of
weeds and exotic flora; and maintenance, upkeep, and repair of drains, water
lines, roads, buildings, and other improvements. Care and maintenance may
include, but is not limited to, reasonable overhead expenses necessary for such
purposes, including maintenance of machinery, tools, and equipment used for such
purposes. Care and maintenance may also include repair or restoration of
improvements necessary or desirable as a result of wear, deterioration,
accident, damage, or destruction. Care and maintenance does not include
expenses for the construction and development of new grave spaces or interment
structures to be sold to the public.
(7)
'Casket' means a container which is designed for the encasement and viewing of a
dead human body.
(8)
'Cemetery' means a place dedicated to and used, or intended to be used, for
permanent interment of human remains. A cemetery may contain land or earth
interments;
a
mausoleum, a vault,
or
crypt interments; a columbarium or other structure or place used or intended to
be used for the inurnment of cremated human remains; or any combination of one
or more of such structures or places. Such term shall not include
governmentally owned cemeteries, fraternal cemeteries, cemeteries owned and
operated by churches, synagogues, or
communities,
or family burial plots.
(9)
'Cemetery company' means any entity that owns or controls cemetery lands or
property.
(10)
'Columbarium' means a structure or building which is substantially exposed above
the ground and which is intended to be used for the inurnment of cremated human
remains.
(11)
'Common business enterprise' means a group of two or more business entities that
share common ownership in excess of 50 percent.
(12)
'Cremation' includes any mechanical or thermal process whereby a deceased human
being is reduced to ashes. Cremation also includes any other mechanical or
thermal process whereby human remains are pulverized, burned, recremated, or
otherwise further reduced in size or quantity.
(13)
'Crypt' means a chamber of sufficient size to inter the remains of a deceased
human being.
(13.1)
'Director' means the director of professional licensing.
(14)
'Entombment' means the disposition of a dead human body in a mausoleum,
including without limitation a crypt, private mausoleum, or any other permanent
above-ground structure not used for inurnment, but shall not include the opening
and closing of a grave space, crypt, or niche or the installation of a
vault.
(15)
'Final disposition' means the final disposal of a deceased human being whether
by interment, entombment, inurnment, burial at sea, cremation, or any other
means and includes, but is not limited to, any other disposition of remains for
which a segregated charge is imposed.
(16)
'Funeral director' means any person licensed in this state to practice funeral
directing pursuant to the provisions of Chapter 18 of Title 43.
(17)
'Funeral service' means any service relating to the transportation, embalming,
and interment of a deceased human being, as further described in paragraphs
(10), (18), and (19) of Code Section 43-18-1.
(18)
'Grave space' or 'lot' means a space of ground in a cemetery intended to be used
for the interment in the ground of human remains.
(19)
'Human remains' means the bodies of deceased human beings and includes the
bodies in any stage of decomposition and the cremated remains.
(20)
'Interment' means the burial of human remains but shall not include the opening
and closing of a grave space, crypt, or niche or the installation of a
vault.
(21)
'Inurnment' means the disposition of the cremated remains of a deceased human
being in any fashion, including without limitation in a columbarium niche,
cremorial, cremation bench, cremation rock, urn, or other container but shall
not include the opening and closing of a grave space, crypt, or niche or the
installation of a vault.
(21.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of Title 43.
(22)
'Mausoleum' means a structure or building which is substantially exposed above
the ground and which is used, or intended to be used, for the entombment of
human remains.
(23)
'Mausoleum section' means any construction unit of a mausoleum which is
acceptable to the Secretary of State and which a cemetery uses to initiate its
mausoleum program or to add to its existing mausoleum structures.
(24)
'Monument' means any product used for identifying or permanently decorating a
grave site, including, without limitation, monuments, markers, benches, and
vases and any base or foundation on which they rest or are mounted.
(25)
'Niche' means a space used, or intended to be used, for the interment of the
cremated remains of one or more deceased human beings.
(26)
'Nonperpetual care' means any cemetery which does not offer perpetual care as
defined in this Code section.
(27)
'Outer burial container' or 'vault' means an enclosure into which a casket is
placed and includes, but is not limited to, containers made of concrete, steel,
fiberglass, copper or other metals, polypropylene, sectional concrete
enclosures, and crypts.
(28)
'Perpetual care' means the care and maintenance and the reasonable
administration of the cemetery grounds and buildings at the present time and in
the future.
(29)
'Person' or 'entity' means an individual, a corporation, a limited liability
company, a general or limited partnership, an association, a joint-stock
company, a trust, or any type of incorporated or unincorporated
organization.
(30)
'Preneed contract' means any arrangement or method, of which the provider of
burial or funeral merchandise or services has actual knowledge, whereby any
person agrees to furnish burial or funeral merchandise or services in the
future.
(31)
'Preneed dealer' means every person, other than a salesperson registered under
this chapter, who engages, either for all or part of his or her time, directly
or indirectly, as agent, broker, or principal in the retail business of
offering, selling, or otherwise dealing in funeral services or burial services
or funeral or burial merchandise which is not attached to realty or delivered to
the purchaser at the time of sale.
(32)
'Preneed interment service' or 'preneed service' means any service which is not
performed at the time of sale and which is offered or provided by any person in
connection with the interment of human remains, except those services offered
regarding mausoleums and the normal and customary installation charges on burial
or funeral merchandise.
(32.1)
'Principal' means a sum set aside or escrowed exclusive of income or interest or
other return thereon.
(33)
'Sale' or 'sell' means and shall include every contract of sale or disposition
of burial rights, grave spaces, burial services, funeral services, or burial or
funeral merchandise for value. The term 'offer to sell,' 'offer for sale,' or
'offer' shall include any attempt or offer to dispose of, or solicitation of an
offer to buy, grave spaces, burial rights, burial or funeral services, or burial
or funeral merchandise for value. This definition shall not include wholesalers
of burial or funeral merchandise.
(34)
'Salesperson' or 'sales agent' means an individual employed or appointed or
authorized by a cemetery, cemetery company, or preneed dealer to sell grave
spaces, burial rights, burial or funeral merchandise, burial or funeral
services, or any other right or thing of value in connection with the final
disposition of human remains. The owner of a cemetery, the executive officers,
and general partners of a cemetery company shall not be deemed to be
salespersons within the meaning of this definition unless they are paid a
commission for the sale of said property, lots, rights, burial or funeral
merchandise, or burial or funeral services.
(35)
'Secretary of State' means the Secretary of State of the State of
Georgia.
(36)
'Solicitation' means any communication in the context of an offer or sale of
grave spaces, burial or funeral merchandise, or burial or funeral services which
directly or implicitly requests a response from the recipient.
10-14-3.1.
The
licensing
board shall have all administrative powers and other powers necessary to carry
out the provisions of this chapter, including the authority to promulgate rules
and
regulations,
and the Secretary of State shall delegate to the board all such duties otherwise
entrusted to the Secretary of State; provided, however, that the Secretary of
State. The
licensing board shall have sole authority
over matters relating to the regulation of funds, trust funds, and escrow
accounts and accounting and investigations concerning such matters.
10-14-4.
(a)(1)
Unless exempt under this chapter, it shall be unlawful for any person to offer
for sale or to sell any cemetery burial rights, mausoleum interment rights,
columbarium inurnment rights, grave spaces, or other physical locations for the
final disposition of human remains in this state unless such person is
registered as or employed by and acting on behalf of and under the direction of
a person registered as a cemetery owner pursuant to this Code
section.
(2)
Unless exempt under this chapter, it shall be unlawful for any person to offer
for sale or sell burial or funeral merchandise or burial services in this state
unless such person is registered as or employed by and acting on behalf of and
under the direction of a person registered as a cemetery owner under this Code
section, a funeral director under Chapter 18 of Title 43, or a burial or funeral
merchandise dealer under this Code section.
(3)
Unless exempt under this chapter, it shall be unlawful for any person to offer
for sale or to sell any preneed burial or funeral merchandise or preneed burial
services in this state unless such person is registered as a preneed dealer or
preneed sales agent pursuant to this Code section.
(4)
It shall be unlawful for any person to offer for sale or to sell any funeral
services in this state unless such person is licensed as a funeral director
under the provisions of Chapter 18 of Title 43.
(b)(1)
Every person desiring to be a registered cemetery owner shall file with the
Secretary of State a separate registration application for each cemetery owned
in a form prescribed by the Secretary of State, executed and duly verified under
oath by the applicant, if the applicant is an individual, or by an executive
officer or general partner, if the applicant is a corporation or partnership, or
by an individual of similar authority, if the applicant is some other entity,
and containing the following information:
(A)
The name, mailing address, and telephone number of the applicant, which for the
purposes of this Code section shall be the legal owner of the land upon which
the cemetery is located;
(B)
The location and, if different from the information submitted for subparagraph
(A) of this paragraph, the mailing address and telephone number of the
cemetery;
(C)
The location of all records of the applicant which relate to the
cemetery;
(D)
If the applicant is not a natural person, the names of the president, secretary,
and registered agent if the applicant is a corporation, of each general partner
if the applicant is a partnership, or of individuals of similar authority if the
applicant is some other entity and their respective addresses and telephone
numbers; the name and address of each person who owns 10 percent or more of any
class of ownership interest in the applicant and the percentage of such
interest; and the date of formation and the jurisdiction of organization of the
applicant;
(E)
A copy of cemetery rules and regulations, a certified copy of a certificate of
existence or certificate of authority issued in accordance with Code Section
14-2-128 if the applicant is a corporation, and any amendments to such documents
or any substantially equivalent documents. Any such document once filed with the
Secretary of State pursuant to this chapter shall be deemed to be on file and
incorporated into any subsequent renewal or filing of such cemetery
registration; provided, however, that each applicant and registrant is under a
continuing duty to update such filing and to notify the Secretary of State
regarding any changes or amendments to the articles of incorporation, bylaws,
cemetery rules and regulations, or substantially equivalent documents, and
provided, further, that any applicant or registrant shall furnish to the
Secretary of State additional copies of any such document upon
request;
(F)
A description of any judgment or pending litigation to which the applicant or
any affiliate of the applicant is a party and which involves the operation of
the cemetery or could materially affect the business or assets of the
applicant;
(G)
Whether the applicant or any affiliate of the applicant owns any other entities
in Georgia regulated by this chapter and, if so, the location, mailing address,
telephone number, and type of registration of such other entities;
(H)
A consent to service of process meeting the requirements of Code Section
10-14-24 for actions brought by the State of Georgia;
(I)
The name and business address of each individual employed, appointed, or
authorized by the applicant to offer for sale or to sell any grave lots, burial
rights, burial or funeral merchandise, or burial services on behalf of the
cemetery;
(J)
A balance sheet of the applicant dated as of the end of the most recent fiscal
year and in no event dated more than 15 months prior to the date of filing,
which the Secretary of State shall treat as confidential and not open to public
inspection;
(K)
Evidence satisfactory to the Secretary of State that the applicant owns for the
cemetery unencumbered fee simple title to contiguous land in the minimum acreage
required by this chapter or by rules issued by the Secretary of State in
accordance with this chapter, properly zoned for use as a cemetery, and
dedicated for such use, and a copy of a plat of survey thereto, provided that
nothing herein shall prohibit the encumbrance of the undeveloped portion of
cemetery property for the purpose of securing debt incurred for the purpose of
developing or improving such property;
(L)
Evidence satisfactory to the Secretary of State that the applicant has recorded,
in the public land records of the county in which the land described in
subparagraph (K) of this paragraph is located, a notice that contains the
following language:
NOTICE
The
property described herein shall not be sold, conveyed, leased, mortgaged, or
encumbered except as provided by the prior written approval of the Secretary of
State, as provided in the Georgia Cemetery and Funeral Services Act of
2000.
Such
notice shall have been clearly printed in boldface type of not less than ten
points and may be included on the face of the deed of conveyance to the
applicant or may be contained in a separate recorded instrument that contains a
legal description of the property.
(M)
The name, address, location, and telephone number of the perpetual care trust
account depository or depositories, the names of the accounts, and the account
numbers;
(N)
The name, address, and telephone number of each trustee;
(O)
A copy of a perpetual care trust fund agreement executed by the applicant and
accepted by the trustee, and evidence satisfactory to the Secretary of State of
the deposit into such account of the amount of the initial required deposit, the
trust agreement being conditioned only upon issuance of a certificate of
registration;
(P)
Such other information and documents as the Secretary of State may require by
rule; and
(Q)
A filing fee of $100.00.
(2)
Every person desiring to be a registered preneed dealer shall file with the
Secretary of State a registration application in a form prescribed by the
Secretary of State, executed and duly verified under oath by the applicant, if
the applicant is an individual, or by an executive officer or general partner,
if the applicant is a corporation or partnership, or by an individual of similar
authority, if the applicant is some other entity, and containing the following
information:
(A)
The name of the applicant;
(B)
The location, mailing address, and telephone number of the applicant's principal
business location in Georgia and the same information for other locations where
business is conducted, together with any trade names associated with each
location;
(C)
All locations of the records of the applicant which relate to preneed sales in
Georgia;
(D)
If the applicant is not a natural person, the names of the president, secretary,
and registered agent if the applicant is a corporation, of each general partner
if the applicant is a partnership, or of individuals of similar authority, if
the applicant is some other entity and their respective addresses and telephone
numbers; the name and address of each person who owns 10 percent or more of any
class of ownership interest in the applicant and the percentage of such
interest; and the date of formation and the jurisdiction of organization of the
applicant;
(E)
A certified copy of a certificate of existence or certificate of authority
issued in accordance with Code Section 14-2-128 if the applicant is a
corporation;
(F)
A description of any judgment or pending litigation to which the applicant or
any affiliate of the applicant is a party and which involves the operation of
the applicant's preneed business in Georgia or which could materially affect the
business or assets of the applicant;
(G)
Whether the applicant or any affiliate of the applicant owns any other entities
in Georgia regulated by this chapter and, if so, the location, mailing address,
telephone number, and type of registration of such other entities;
(H)
A consent to service of process meeting the requirements of Code Section
10-14-24 for actions brought by the State of Georgia;
(I)
A list of each individual employed, appointed, or authorized by the applicant to
offer for sale or to sell any grave lots, burial rights, burial or funeral
merchandise, or burial services on behalf of the applicant;
(J)
A balance sheet of the applicant dated as of the end of the most recent fiscal
year and in no event dated more than 15 months prior to the date of filing,
which the Secretary of State shall treat as confidential and not open to public
inspection;
(K)
The name, address, location, and telephone number of the preneed escrow account
depository or depositories, the names of the accounts, and the account
numbers;
(L)
An executed copy of the escrow agreement required by Code Section
10-14-7;
(M)
The name, address, and telephone number of the escrow agent;
(N)
Such other information and documents as the Secretary of State may require by
rule; and
(O)
A filing fee of $250.00.
(3)
Every person desiring to be a registered burial or funeral merchandise dealer
shall file with the Secretary of State a registration application in a form
prescribed by the Secretary of State, executed and duly verified under oath by
the applicant, if an individual, or by an executive officer or general partner,
if the applicant is a corporation or partnership, or by an individual of similar
authority, if the applicant is some other entity, and containing the following
information:
(A)
The name of the applicant;
(B)
The location, mailing address, and telephone number of the applicant's principal
business location in Georgia and the same information for other locations where
business is conducted, together with any trade names associated with each
location;
(C)
All locations of the records of the applicant which relate to funeral or burial
merchandise sales in Georgia;
(D)
If the applicant is not a natural person, the names of the president, secretary,
and registered agent if the applicant is a corporation, of each general partner
if the applicant is a partnership, or of individuals of similar authority if the
applicant is some other entity and their respective addresses and telephone
numbers; the name and address of each person who owns 10 percent or more of any
class of ownership interest in the applicant and the percentage of such
interest; and the date of formation and the jurisdiction of organization of the
applicant;
(E)
A certified copy of a certificate of existence or certificate of authority
issued in accordance with Code Section 14-2-128 if the applicant is a
corporation;
(F)
A description of any judgment or pending litigation to which the applicant or
any affiliate of the applicant is a party and which involves the operation of
the applicant's funeral or burial merchandise business in Georgia or which could
materially affect the business or assets of the applicant;
(G)
Whether the applicant or any affiliate of the applicant owns any other entities
in Georgia regulated by this chapter and, if so, the location, mailing address,
telephone number, and type of registration of such other entities;
(H)
A consent to service of process meeting the requirements of Code Section
10-14-24 for actions brought by the State of Georgia;
(I)
The name and business address of each individual employed, appointed, or
authorized by the applicant to offer for sale or to sell any burial or funeral
merchandise on behalf of the applicant;
(J)
A balance sheet of the applicant dated as of the end of the most recent fiscal
year and in no event dated more than 15 months prior to the date of filing,
which the Secretary of State shall treat as confidential and not open to public
inspection;
(K)
Such other information and documents as the Secretary of State may require by
rule;
(L)
A filing fee of $100.00; and
(M)
A bond, if required by the rules and regulations of the Secretary of
State.
(c)
The Secretary of State may approve an application only after he or she has
conducted an investigation of the applicant and determined that such applicant
is qualified by character, experience, and financial responsibility to conduct
the business for which the applicant is seeking registration in a legal and
proper manner. A registration application filed under this Code section shall
become effective upon the issuing of a certificate of registration by the
Secretary of State or at such earlier time as the Secretary of State
determines.
(d)
Every registration under this subsection shall expire on the first day of August
of each year. The registration must be renewed with the Secretary of State each
year by the submission of a renewal application containing the information
required in an application for initial registration to the extent that such
information had not been included in an application or renewal application
previously filed together with a sworn statement that all information not
provided remains accurate. The filing fee for renewal of registration shall be
$50.00 for each cemetery of cemetery owners, $100.00 for preneed dealers, and
$50.00 for burial or funeral merchandise dealers.
(e)
The Secretary of State, by rule, may provide for exceptions from registration
for cemeteries when the Secretary of State determines that the public interest
does not require registration, provided that such cemeteries are in existence on
or before July 1, 2000, consist of less than 25 acres, and are operated by
nonprofit entities.
(f)
Notwithstanding any provision to the contrary contained in this Code section,
the following shall be exempt from registration as a burial or funeral
merchandise dealer:
(1)
Any registered cemetery owner;
(2)
The owner of any cemetery exempt from registration with respect to sales of
burial or funeral merchandise sold for use at such cemetery;
(3)
Any licensed funeral director;
(4)
Any person providing interment and disinterment services exclusively at
cemeteries exempt from registration;
(5)
Any monument manufacturer or dealer which does not install monuments in
cemeteries required to be registered by this Code section;
(6)
Any person who does not offer for sale or sell burial or funeral services or
merchandise to the general public; and
(7)
Any registered preneed dealer.
In
addition, the Secretary of State, by rule, may provide for other exceptions from
registration.
(g)(1)
Any cemetery in operation on August 1, 1986 which offers perpetual care for some
designated sections of its property but does not offer perpetual care to other
designated sections shall be considered a perpetual care cemetery for purposes
of this chapter. No cemetery formed or created on or after July 1, 2000, may
fail to offer perpetual care for any part of such cemetery.
(2)
Any nonperpetual care cemetery which was registered with the Secretary of State
prior to August 1, 1986, may continue to be operated as such after that date and
a renewal of such registration shall not be required.
(3)
Any nonperpetual care cemetery which is shown to be of historical significance
and is operated solely for historical nonprofit purposes shall be exempt from
registration.
(4)
Except as specifically authorized under paragraphs (2) and (3) of this
subsection, from and after August 1, 1986, it shall be unlawful for any person
to operate or establish a nonperpetual care cemetery.
10-14-5.
(a)
All individuals who offer preneed contracts to the public, or who execute
preneed contracts on behalf of any entity required to be registered as a preneed
dealer, and all individuals who offer, sell, or sign contracts for the preneed
sale of burial rights shall be registered with the Secretary of State as preneed
sales agents, pursuant to this Code section, unless such individuals are
exempted under this chapter or individually own a controlling interest in a
preneed dealer registered under this chapter.
(b)
All preneed sales agents must be employed by a registered preneed
dealer.
(c)
A preneed dealer shall be liable for the activities of all preneed sales agents
who are employed by the preneed dealer or who perform any type of preneed
related activity on behalf of the preneed dealer. If a preneed sales agent
violates any provision of this chapter, such preneed sales agent and each
preneed dealer who employs such preneed sales agent shall be subject to the
penalties and remedies set out in Code Sections 10-14-11, 10-14-19, 10-14-20,
and 10-14-21.
(d)
A preneed sales agent may be authorized to sell, offer, and execute preneed
contracts on behalf of all entities owned or operated by the agent's sponsoring
preneed dealer.
(e)
If the application for his or her registration is sent by certified mail, return
receipt requested, an individual may begin functioning as a preneed sales agent
as soon as a completed application for registration, as set forth in subsection
(g) of this Code section, is mailed to the Secretary of State, provided that, if
any such sales agent fails to meet the qualifications set forth in this chapter,
the preneed dealer shall immediately upon notification by the Secretary of State
cause such agent to cease any sales activity on its behalf.
(f)
The qualifications for a preneed sales agent are as follows:
(1)
The applicant must be at least 18 years of age;
(2)
The applicant must not be subject to any order of the Secretary of State that
restricts his or her ability to be registered as a preneed sales agent;
and
(3)
The applicant must not have been adjudicated, civilly or criminally, to have
committed fraud or to have violated any law of any state involving fair trade or
business practices, have been convicted of a misdemeanor of which fraud is an
essential element or which involves any aspect of the funeral or cemetery
business, or have been convicted of a felony.
(g)
An application for registration as a preneed sales agent shall be submitted to
the Secretary of State with an application fee of $100.00 by the preneed dealer
on a form that has been designated by the Secretary of State and shall contain,
at a minimum, the following:
(1)
The name, address, social security number, and date of birth of the applicant
and such other information as the Secretary of State may reasonably require of
the applicant;
(2)
The name, address, and license number of the sponsoring preneed
dealer;
(3)
A representation, signed by the applicant, that the applicant meets the
requirements set forth in subsection (f) of this Code section;
(4)
A representation, signed by the preneed dealer, that the applicant is authorized
to offer, sell, and sign preneed contracts on behalf of the preneed dealer and
that the preneed dealer has informed the applicant of the requirements and
prohibitions of this chapter relating to preneed sales, the provisions of the
preneed dealer's preneed contract, and the nature of the merchandise, services,
or burial rights sold by the preneed dealer;
(5)
A statement indicating whether the applicant has any type of working
relationship with any other preneed dealer or insurance company;
and
(6)
A signed agreement by the applicant consenting to an investigation of his or her
background with regard to the matters set forth in this Code section, including,
without limitation, his or her criminal history.
(h)
An individual may be registered as a preneed sales agent on behalf of more than
one preneed dealer, provided that the individual has received the written
consent of all such preneed dealers.
(i)
A preneed dealer who has registered a preneed sales agent shall notify the
Secretary of State within three business days of a change in such individual's
status as a preneed sales agent with such preneed dealer or upon the occurrence
of any other event which would disqualify the individual as a preneed sales
agent.
(j)
Upon receipt and review of an application that complies with all of the
requirements of this Code section, the Secretary of State shall register the
applicant. The department shall by rule provide for annual renewal of
registration and a renewal fee of $50.00.
(k)
Each cemetery registered under this chapter shall maintain in its files for a
period of five years a properly completed and executed application for
employment in a form prescribed by the Secretary of State for each employee,
officer, independent contractor, or other agent directly or indirectly involved
in cemetery or preneed sales or any person occupying a similar status or
performing similar functions. If a request is made, said forms shall be made
available for inspection by authorized representatives of the Secretary of
State.
10-14-6.
(a)(1)
Each cemetery or cemetery company required to be registered by this chapter
shall establish and maintain an irrevocable trust fund for each cemetery
owned.
(2)
For trust funds established on or after July 1, 2000, the initial deposit to
said irrevocable trust fund shall be the sum of $10,000.00 and the deposit of
said sum shall be made before selling or contracting to sell any burial right.
No such initial deposit shall be required with respect to any cemetery for which
there is an existing perpetual care account on July 1, 2000. The trust fund
shall apply to sales or contracts for sale of lots, grave spaces, niches,
mausoleums, columbaria, urns, or crypts in which perpetual care has been
promised or guaranteed.
(3)
The initial corpus of the trust fund and all subsequent required deposits shall
be deposited in a state bank, state savings and loan institution, savings bank,
national bank, or federal savings and loan institution, whose deposits are
insured by the Federal Deposit Insurance Corporation or other governmental
agency, or a state or federally chartered credit union insured under 12 U.S.C.
Section 1781 of the Federal Credit Union Act, or other depository or trustee
which is approved by the Secretary of State or which meets the standards
contained in the rules and regulations promulgated by the Secretary of
State.
(4)
Each perpetual care trust fund established on or after July 1, 2000, shall be
named 'The ___________ Cemetery ____________ Perpetual Care Trust Fund' with the
first blank being filled by the name of the cemetery and the second blank being
filled by the month and year of the establishment of such trust fund. If a
cemetery has a perpetual care trust fund existing on July 1, 2000, and the
perpetual care trust fund agreement permits, the cemetery may make additional
deposits to such a trust fund on the condition that the entire corpus of the
trust fund, any income earned by the trust fund, and any subsequent deposits to
the trust fund are thereafter governed by the provisions of this chapter, the
'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1,
2000, except for the amount of the initial deposit to the trust fund. If a
cemetery owner or company elects to establish a new perpetual care trust fund
subject to the provisions of this chapter, the 'Georgia Cemetery and Funeral
Services Act of 2000,' as it existed on July 1, 2000, any perpetual care trust
fund which existed on July 1, 2000, is subject to the provisions of law in
effect on the date of its establishment, and deposits for sales transacted on or
after July 1, 2000, shall be deposited in the trust fund established on or after
July 1, 2000. If a cemetery existing on July 1, 2000, has an existing perpetual
care trust fund which complies with provisions of law in effect on the date of
its establishment, a new trust fund created in compliance with this chapter
shall not require an initial deposit.
(b)
Whenever any burial right, cemetery lot, grave space, niche, mausoleum,
columbarium, urn, or crypt wherein perpetual care or endowment care is promised
or contracted for or guaranteed is sold by any cemetery, the cemetery shall make
deposits to the trust fund that equal 15 percent of the sales price of the
burial right or 7.5 percent of the total sales price of any mausoleums, niches,
columbaria, urns, or crypts, provided that the minimum deposit for each burial
right shall be $50.00; provided, further, that on July 1, 2003, and every three
years thereafter, the amount of said minimum deposit shall be adjusted by the
rate of change in the Consumer Price Index as reported by the Bureau of Labor
Statistics of the United States Department of Labor. The Secretary of State
shall adopt such adjustment to the amount of said minimum deposit by rule.
Deposits to the trust fund shall be made not later than 30 days following the
last day of the month in which payment therefor is made, or, in the case of a
free space, the month in which the space is given. In the event any sale is
made on an installment basis, not less than a pro rata share of the principal
portion of each payment made and allocated to the lot, grave, space, niche,
mausoleum, columbarium, urn, or crypt shall be allocated to the required trust
fund deposit, provided that all deposits to the trust fund shall be completed
within six years from the date of the signing of the perpetual care contract.
The manner of any such allocation shall be clearly reflected on the books of the
registrant.
(c)
The initial $10,000.00 corpus of the perpetual care trust fund shall not be
counted as part of the required periodic deposits and shall be considered to be
corpus or principal.
(d)
The income earned by the trust fund shall be retained by the trust fund. At
such time as either:
(1)
The cemetery owner is not licensed and has not been licensed for 90 or more
consecutive days to sell burial rights;
(2)
The cemetery is under the management of a receiver; or
(3)
Less than 50 percent of available lots are unsold,
95
percent of the income from the trust fund shall be paid to the owner or receiver
exclusively for covering the costs of care and maintenance of the cemetery,
including reasonable administrative expenses incurred in connection therewith.
The income of the trust fund shall be paid to the owner or receiver at intervals
agreed upon by the recipient and the trustee, but in no case shall the income be
paid more often than monthly.
(e)
There shall be no withdrawals from the trust fund except pursuant to the
provisions of this chapter or by court order.
(f)(1)
The assets of a trust fund shall be invested and reinvested subject to all the
terms, conditions, limitations, and restrictions imposed by the laws of the
State of Georgia upon executors and trustees regarding the making and depositing
of investments with trust moneys pursuant to former Code Sections 53-8-1 through
53-8-4 as such existed on December 31, 1997, if applicable; Code Section 53-8-1;
or Code Section 53-12-340. Subject to said terms, conditions, limitations, and
restrictions, the trustee of the perpetual care trust fund shall have full power
to hold, purchase, sell, assign, transfer, reinvest, and dispose of any of the
securities and investments in which any of the assets of said fund are invested,
including proceeds of investments.
(2)
Any state bank, national bank, or other financial institution authorized to act
in a fiduciary capacity in this state, which presently or in the future serves
as a fiduciary or cofiduciary of the trust fund of a perpetual care cemetery,
may invest part or all of such trust fund held by it for investment in interests
or participation in one or more common trust funds established by that state
bank, national bank, or other financial institution for collective investment,
if such investment is not expressly prohibited by the instrument, judgment,
decree, or order creating the fiduciary relationship and if, in the case of
cofiduciaries the trust institution procures the consent of its cofiduciary or
cofiduciaries to such investment, and notwithstanding the fact that such common
trust funds are not invested and reinvested subject to all the terms,
conditions, limitations, and restrictions imposed by the laws of the State of
Georgia upon executors and trustees in the making and disposing of their
investments.
(3)
Notwithstanding any other provision of this subsection, the Secretary of State
shall establish rules and regulations for investments of a trust fund
established on or after July 1, 2000, or otherwise governed by this chapter, the
'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1,
2000, as necessary to preserve the corpus and income of such a fund and for
determining what restrictions are necessary for such purpose.
(4)
At any time, in the event that the perpetual care trust fund contains an amount
less than the amount required by this Code section, the cemetery owner shall,
within 15 days after the earlier of becoming aware of such fact or having been
so notified by the Secretary of State, deposit into the perpetual care trust
fund an amount equal to such shortfall. In the event that the Secretary of
State and the cemetery owner disagree regarding the amount of such shortfall, no
penalty shall be imposed upon the cemetery owner for any failure to comply with
this paragraph unless such failure occurs after notice and opportunity for a
hearing as provided in Code Section 10-14-23.
(g)
Moneys of the perpetual care trust fund shall not be invested in or loaned to
any business venture controlled by the cemetery owner, a person who owns a
controlling interest of a cemetery owner that is not a natural person, or an
affiliate of any of these persons or entities.
(h)
The trustee shall furnish yearly to the Secretary of State a financial report in
a form designated by the Secretary of State with respect to the perpetual care
trust fund.
(i)
Upon a finding by a court of competent jurisdiction of failure to deposit or
maintain funds in the trust account as required by this chapter or of fraud,
theft, or misconduct by the owners of the cemetery or the officers or directors
of a cemetery company which has wasted or depleted such funds, the cemetery
owners or the officers or directors of a cemetery company may be held jointly
and severally liable for any deficiencies in the trust account as required in
this chapter.
10-14-7.
(a)(1)
Each preneed dealer which sells burial or funeral merchandise on a preneed basis
or preneed burial or funeral services shall establish and maintain a preneed
escrow account.
(2)
With respect to each monument and outer burial container, and except as
otherwise provided in paragraph (3) of this subsection, the amount to be
deposited to said escrow account shall be not less than 35 percent of the sales
price of such monument or outer burial container; in no event shall the amount
deposited be less than 110 percent of the wholesale price of such monument or
outer burial container. For any other burial or funeral merchandise, the amount
to be deposited to said escrow account shall be not less than 100 percent of the
sales price of such merchandise; in no event shall the amount deposited be less
than 110 percent of the wholesale price of such merchandise. If the contract of
sale shall include grave spaces or items not deemed to be burial or funeral
merchandise, the portion of the sales price attributable to the sale of the
burial or funeral merchandise shall be determined, and it shall only be as to
such portion of the total contract as constitutes burial or funeral merchandise
that the deposit described in this paragraph shall be required. In the event
that the sale of burial or funeral merchandise is under an installment contract,
the required trust deposit shall be a pro rata part of the principal portion of
each installment payment, such deposit only being required as payments are made
by the purchaser for such burial or funeral merchandise. In the event the
installment contract is discounted or sold to a third party, the seller shall be
required to deposit an amount equal to the undeposited portion of the required
deposit of the sales price of such burial or funeral merchandise at such time as
if the contract were paid in full.
(3)
With respect to a monument or outer burial container the itemized sales price of
which does not include the installation of such item, 100 percent of the
installation cost shall be deposited in the escrow account.
(4)
With respect to cash advance items and the sale of preneed funeral or burial
services, the amount to be deposited to said escrow account shall be 100 percent
of the sales price of such funeral or burial services or the full amount of a
cash advance item. The time and manner of deposit shall be the same as that
specified for deposit of burial or funeral merchandise sale funds to the escrow
account.
(b)
The deposit specified in paragraphs (2) and (3) of subsection (a) of this Code
section shall be made not later than 30 days following the last day of the month
in which any payment is received.
(c)
The preneed escrow account shall be established and maintained in a state bank,
state savings and loan institution, savings bank, national bank, federal savings
and loan association, whose deposits are insured by the Federal Deposit
Insurance Corporation or other governmental agency, or a state or federally
chartered credit union insured under 12 U.S.C. Section 1781 of the Federal
Credit Union Act, or other organization approved by the Secretary of State which
is located and doing business in this state.
(d)(1)
Funds shall be released from the escrow account when the burial or funeral
merchandise is delivered at the time of need or to the purchaser at the
purchaser's request or, in the case of a monument, attached to realty, or at
such times as described in the rules and regulations promulgated by the
Secretary of State, not exceeding the lesser of 30 days from receipt of
application for release or the time within which a preneed dealer is required by
law to provide a refund to a purchaser. A preneed dealer is prohibited from
requiring preneed delivery to the consumer as a condition of the sale. Outer
burial containers may not be delivered prior to need. Deposits made from funds
received in payment of preneed services shall remain in the escrow account until
such services are performed, at which time said funds may be released to the
preneed dealer. The trustee may require certification by the preneed dealer of
delivery of merchandise or performance of services before release of
funds.
(2)
The funds on deposit under the terms of this subsection shall be deemed and
regarded as escrow funds pending delivery of the burial or funeral merchandise
concerned and said funds may not be pledged, hypothecated, transferred, or in
any manner encumbered by the escrow agent nor may said funds be offset or taken
for the debts of the preneed dealer until such time as the merchandise has been
delivered or the services performed; but after delivery of the burial or funeral
merchandise concerned.
(e)
At any time, in the event that the preneed escrow account contains an amount
less than the amount required by this Code section, the preneed dealer shall,
within 15 days after the earlier of becoming aware of such fact or having been
so notified by the Secretary of State, deposit into the preneed account an
amount equal to such shortfall. In the event that the Secretary of State and
the preneed dealer disagree regarding the amount of such shortfall, no penalty
shall be imposed upon the preneed dealer for any failure to comply with this
provision unless such failure occurs after notice and opportunity for a hearing
as provided in Code Section 10-14-23.
(e.1)
In the case of release of escrowed funds to a purchaser at the purchaser's
request pursuant to paragraph (1) of subsection (d) of this Code section, a sum
not less than the lesser of 10 percent of the escrowed amount or one-half of the
interest earned upon such funds as of the date of release, as provided by the
Secretary of State by rule or regulation, may be retained by the preneed dealer
as administrative costs.
(f)
Upon a finding by a court of competent jurisdiction of failure to deposit or
maintain funds in the preneed escrow account as required by this chapter or of
fraud, theft, or other misconduct by the preneed dealer or the officers or
directors of the preneed dealer which has wasted or depleted such funds, the
preneed dealer or the officers or directors of the preneed dealer may be held
jointly and severally liable for any deficiencies in the preneed escrow
account.
10-14-8.
(a)
The Secretary of State, by order, may prohibit a person who is an employee,
officer, independent contractor, or other agent directly involved in the sale of
burial rights, burial or funeral merchandise, or burial or funeral services from
employment or other association with a registrant under this chapter if the
Secretary of State finds that such is in the public interest and that said
person:
(1)
Has willfully made or caused to be made, in any documents filed with the
Secretary of State under this chapter, or in any hearings conducted by the
Secretary of State, any statement which, at the time and in the light of the
circumstances under which it was made, was false or misleading with respect to
any material fact, or has willfully omitted to state in any application any
material fact which is required to be stated therein or necessary in order to
make the statements made, in light of the circumstances under which they were
made, not misleading;
(2)
Has willfully violated or willfully failed to comply with any provision of this
chapter or a predecessor law or any regulation or order promulgated or issued
under this chapter or any predecessor law;
(3)
Has been adjudicated, civilly or criminally, to have committed fraud or to have
violated any law of any state involving fair trade or business practices, has
been convicted of a misdemeanor of which fraud is an essential element or which
involves any aspect of the funeral or cemetery business, or has been convicted
of a felony;
(4)
Has engaged in any unethical or dishonest practices in the funeral or cemetery
business; or
(5)
Is permanently or temporarily enjoined, suspended, or barred by any court of
competent jurisdiction or by any state or other jurisdiction from engaging in or
continuing any conduct or practice involving any aspect of the funeral or
cemetery business.
(b)
Where the Secretary of State finds that there are grounds for the prohibition
from employment provided in this Code section, he or she may issue an order
prohibiting an employee, officer, independent contractor, or other agent
directly or indirectly involved in cemetery or preneed sales or any person
occupying a similar status or performing similar functions from employment with
a registered cemetery or preneed dealer. Such an order shall not be effective
until notice and opportunity for hearing are provided in accordance with Code
Section 10-14-23 and until the Secretary of State shall issue a written order in
accordance with Code Section 10-14-23; but the Secretary of State may, if he or
she finds that the public safety or welfare requires emergency action,
immediately issue an order prohibiting such person from such employment. Such an
order of immediate prohibition will expire automatically if the Secretary of
State fails to afford notice and opportunity for hearing pursuant to Code
Section 10-14-23.
10-14-9.
(a)
A registration application may be amended by filing with the Secretary of State
an amended application signed by the persons required to sign the original
application under Code Section 10-14-4 or 10-14-5.
(b)
Every applicant registered pursuant to Code Section 10-14-4 or 10-14-5 shall
agree to deliver in Georgia, on demand of the Secretary of State, all records
and documents concerning funds, accounts, transactions, and activities of said
applicant or said applicant shall agree to pay the expenses incurred in sending
an auditor approved by the Secretary of State to wherever such records and
documents are located for the purpose of conducting an audit pursuant to the
provisions of this chapter.
(c)
When any cemetery or preneed dealer registered under Code Section 10-14-4 is
sold or the ownership is otherwise transferred, or a controlling interest is
sold or transferred, the vendor or the transferor of such cemetery, preneed
dealer, or interest shall remain liable for any funds that should have been
deposited prior to the date of such sale or transfer in the perpetual care trust
fund or the preneed escrow account, or both.
(1)
Prior to such sale or transfer, the vendor or transferor shall notify the
Secretary of State of the proposed transfer and submit to the Secretary of State
any document or record the Secretary of State may require in order to
demonstrate that said vendor or transferor is not indebted to the perpetual care
trust fund or the preneed escrow account, or both. After the transfer of
ownership or control and the presentation of proof of currency of the perpetual
care trust fund or the preneed escrow account, or both, by the vendor or
transferor, the Secretary of State may require the presentation of proof of the
continued current status of the perpetual care trust fund or the preneed escrow
account, or both, by the vendee or transferee. The Secretary of State is
authorized to recover from such vendor, transferor, vendee, or transferee, for
the benefit of the perpetual care trust fund or the preneed escrow account, or
both, all sums which the vendor, transferor, vendee, or transferee has not
properly accounted for and paid into the trust fund.
(2)
When the vendee or transferee has complied with the provisions of this
subsection, he or she shall submit to the Secretary of State an application for
registration and appropriate fees pursuant to Code Section 10-14-4. The
Secretary of State shall then issue a certificate of registration to said vendee
or transferee.
10-14-10.
(a)
Except as otherwise provided in subsections (b) and (c) of this Code section,
every cemetery initially registered according to the provisions of this chapter
on or after July 1, 1998, shall consist of not less than ten acres of
land.
(b)
The following cemeteries shall not be subject to the requirement of subsection
(a) of this Code section:
(1)
All cemeteries registered according to this chapter prior to August 1, 1986;
or
(2)
Cemeteries initially registered on or after August 1, 1986, but before July 1,
1998, which shall consist of not less than 25 acres of land, except for
cemeteries subject to a provision of previous law, which allowed cemeteries
consisting of not less than ten acres of land dedicated solely for burial
purposes and located in counties having a population of less than 10,000
according to the United States decennial census of 1990 or any future such
census.
(c)
The Secretary of State may provide by rule or regulation for a smaller minimum
size for a cemetery which consists solely of one or more
columbaria.
10-14-11.
(a)
The Secretary of State may issue a stop order denying effectiveness to, or
suspending or revoking the effectiveness of, any registration and shall give
notice of such issuance pursuant to Code Section 10-14-23 if he or she finds
that the order is in the public interest and that:
(1)
The registration as of its effective date, or as of any earlier date in the case
of an order denying effectiveness, contains an untrue statement of a material
fact or omits to state a material fact required to be stated therein or
necessary to make the statements therein not misleading;
(2)
The applicant has failed to file financial reports required by subsection (h) of
Code Section 10-14-12;
(3)
The applicant has failed to pay the filing fees required by Code Section
10-4-4;
(4)
The person or entity registered or sought to be registered or the individual
owner, corporate owner, or person who owns a controlling interest of the
corporate owner has been adjudicated, civilly or criminally, to have committed
fraud or to have violated any law of any state involving fair trade or business
practices, has been convicted of a misdemeanor of which fraud is an essential
element or which involves any aspect of the funeral or cemetery business, or has
been convicted of a felony;
(5)
The trustee for the perpetual care trust fund or the escrow agent for the
preneed escrow account has failed to file financial reports required by
subsection (h) of Code Section 10-14-6 or subsection (g) of Code Section
10-14-29;
(6)
The person or entity registered or seeking to be registered has become insolvent
or has filed a voluntary petition for protection from creditors; or
(7)
Any provision of this chapter or any rule, order, or condition lawfully imposed
under this chapter has been willfully violated by:
(A)
The person filing the registration application;
(B)
The registrant's individual owner, corporate owner, or person who owns a
controlling interest of the corporate owner; or
(C)
The trustee or escrow agent of a trust fund or escrow account established and
maintained pursuant to the provisions of this chapter.
(b)
The Secretary of State may deny registration or refuse to grant renewal of
registration if he or she finds that such refusal or denial is in the public
interest and that:
(1)
The registration application does not contain a current list of preneed sales
agents and accompanying information as required by Code Section
10-14-4;
(2)
The applicant has not paid filing fees or renewal fees as required by Code
Section 10-14-4; or
(3)
The applicant has not filed the financial reports required by Code Section
10-14-4 or subsection (h) of Code Section 10-14-12.
(c)
In addition to the actions authorized in subsections (a) and (b) of this Code
section, the Secretary of State shall be authorized to impose a penalty fee not
to exceed $500.00 for the late filing of an application for a renewal
registration or late filing of financial reports required by this chapter, or
both. However, the penalty fee or fees imposed for the late filing of an
application for renewal of registration or financial reports may be waived by
the Secretary of State upon a showing to the Secretary of
the
State that such late filing was due to circumstances beyond the control of the
applicant or registrant despite the exercise by the applicant or registrant of
due diligence in the timely filing of the application or report.
(d)
The Secretary of State may by order summarily postpone or suspend the
effectiveness of the registration or refuse to register any applicant pending
final determination of any proceeding under this Code section. Upon the entry of
the order, the Secretary of State shall promptly notify the applicant or
registrant of the order and the reasons for the order and that, within 15 days
after the receipt of a written request, the matter will be heard. If no hearing
is requested and none is ordered by the Secretary of State, the order will
remain in effect until it is modified or vacated by the Secretary of State. If a
hearing is requested or ordered, the Secretary of State, after notice of an
opportunity for hearing to the persons affected, may modify or vacate the order
or extend it until final determination.
(e)
The Secretary of State may vacate or modify a stop order if he or she finds that
the conditions which prompted its entry have changed or that it is otherwise in
the public interest to do so.
(f)
No stop order issued under any part of this Code section, except the first
sentence of subsection (d) of this Code section, shall become effective until
and unless the Secretary of State has complied with the provisions of Code
Section 10-14-23.
10-14-12.
(a)
Each registrant under paragraph (1) or (2) of subsection (b), or both, of Code
Section 10-14-4 shall establish and maintain a separate and distinct account for
the perpetual care trust fund for each cemetery and for the preneed escrow
account. There shall be no commingling, codeposits, or transfers of funds
between the accounts, except pursuant to court order and with the knowledge and
consent of the Secretary of State.
(b)
Each registrant shall keep and maintain separate books, records, accounts, and
documents regarding the transaction of its business. The books, records,
accounts, and documents related to the keeping of funds pursuant to the
provisions of this chapter and the rules and regulations promulgated under this
chapter shall be kept and maintained by the registrant separately from the other
books, records, accounts, and documents related to the transaction of
business.
(c)
A cemetery owner or an officer or director of a cemetery company may be a
trustee of the perpetual care trust fund of a cemetery which the individual or
cemetery company owns upon approval of the Secretary of State.
(d)
The Secretary of State shall have the authority to prescribe or approve the form
of the perpetual care trust agreement and shall have the authority to approve or
disapprove any amendments to said trust agreement as of July 1,
1983.
(e)
The Secretary of State shall have the authority to prescribe or approve the form
of the preneed escrow account agreement and shall have the authority to approve
or disapprove any amendments to said escrow account agreement as of July 1,
1983.
(f)
A trustee or escrow agent of a registrant may be removed pursuant to the
provisions of Code Section 10-14-19 or by other means provided by the laws of
this state.
(g)
Each perpetual care cemetery and preneed dealer shall file a report concerning
the perpetual care trust and the preneed escrow account annually with the
Secretary of State, provided that, after notice and a hearing, the Secretary of
State may order more frequent reports in the event any such report is not filed
in a timely manner or if the report filed contains errors and deficiencies. The
report shall be on a form prescribed by the Secretary of State.
10-14-13.
For
the purposes of venue for any civil or criminal action under this chapter, any
violation of this chapter or of any rule, regulation, or order promulgated under
this chapter shall be considered to have been committed in any county in which
any act was performed in furtherance of the transaction which violated this
chapter, in the county of any violator's principal place of business in this
state, in the county of the cemetery's or preneed dealer's or burial or funeral
merchandise dealer's location or residence in this state, and in any county in
which any violator had control or possession of any proceeds of said violation
or of any books, records, documents, or other material or objects which were
used in furtherance of said violation.
10-14-14.
(a)
The administration of the provisions of this chapter shall be vested in the
Secretary of State.
(b)
The Secretary of State shall keep a record of all proceedings related to his or
her duties under this chapter and shall keep records in which shall be entered
the names of all cemeteries, preneed dealers, preneed sales agents, and burial
or funeral merchandise dealers to whom certificates of registration are issued,
which records shall be open at all times for public inspection.
(c)
The Secretary of State shall have the authority to administer oaths in, and to
prescribe forms for, all matters arising under this chapter.
(d)
The Secretary of State shall have authority to employ examiners, clerks and
stenographers, and other employees as the administration of this law may
require. The Secretary of State shall also have authority to appoint and employ
investigators who shall have, in any case in which there is a reason to believe
a violation of this chapter has occurred or is about to occur, the right and
power to serve subpoenas and to swear out and execute search warrants and arrest
warrants.
(e)
The Secretary of State shall have the power to make such rules and regulations
from time to time as he or she may deem necessary and proper for the enforcement
of this chapter including, without limitation, rules regarding the solicitation
of burial or funeral rights, merchandise, or services. The Secretary of State
shall regulate such solicitation to protect the public from solicitation which
is intimidating, overreaching, vexatious, fraudulent, or misleading; which
utilizes undue influence; or which takes undue advantage of a person's ignorance
or emotional vulnerability. Such rules and regulations shall be adopted,
promulgated, and contested as provided in Chapter 13 of Title 50.
10-14-15.
(a)
The Secretary of State, at his or her discretion:
(1)
May make such public or private investigations or examinations inside or outside
this state as he or she deems necessary to determine whether any person has
violated or is about to violate any provision of this chapter or any rule,
regulation, or order under this chapter or to aid in the enforcement of this
chapter or in the prescribing of rules and regulations under this chapter;
and
(2)
May require or permit any person to file a statement in writing, under oath or
otherwise as the Secretary of State determines, as to all the facts and
circumstances concerning the matter to be investigated.
(b)
For the purpose of conducting any investigation as provided in this Code
section, the Secretary of State shall have the power to administer oaths, to
call any party to testify under oath at such investigations, to require the
attendance of witnesses and the production of books, records, and papers, and to
take the depositions of witnesses; and, for such purposes, the Secretary of
State is authorized to issue a subpoena for any witness or a subpoena for the
production of documentary evidence to compel the production of any books,
records, or papers. Said subpoenas may be served by certified mail or statutory
overnight delivery, return receipt requested, to the addressee's business
mailing address or by investigators appointed by the Secretary of State or shall
be directed for service to the sheriff of the county where such witness resides
or is found or where such person in custody of any books, records, or papers
resides or is found. The fees and mileage of the sheriff, witness, or person
shall be paid from the funds in the state treasury for the use of the Secretary
of State in the same manner that other expenses of the Secretary of State are
paid.
(c)
In case of refusal to obey a subpoena issued under any Code section of this
chapter to any person, a superior court of appropriate jurisdiction, upon
application by the Secretary of State, may issue to the person an order
requiring him or her to appear before the court to show cause why he or she
should not be held in contempt for refusal to obey the subpoena. Failure to obey
a subpoena may be punished by the court as contempt of court.
(d)
The Secretary of State is authorized to hold investigative hearings with respect
to any matter under this chapter. A hearing as provided for in this Code section
may be conducted by any person designated by the Secretary of State for that
purpose. A transcript of the testimony and evidence resulting from such hearing
may, but need not, be transcribed by the Secretary of State. A report of the
investigative hearing shall be included in the investigative report prepared for
the Secretary of State. Any recommendations of the designated representative of
the Secretary of State shall be advisory only and shall not have the effect of
an order of the Secretary of State.
(e)
The Secretary of State shall have the authority to inspect and review or cause
to be reviewed the books of each registrant under this chapter. Said inspection
or review may be conducted by the Secretary of State as frequently as the
Secretary of State may deem appropriate.
10-14-16.
(a)
The owner of every cemetery may make, adopt, and enforce rules and regulations
for the use, care, control, management, restriction, and protection of such
cemetery and of all parts and subdivisions thereof; for restricting, limiting,
and regulating the use of all property within such cemetery; for regulating and
preventing the introduction and care of plants or shrubs within such grounds;
for regulating the conduct of persons and preventing improper assemblages
therein; and for all other purposes deemed necessary by the owner of the
cemetery for the proper conduct of the business of the cemetery and the
protection of safeguarding the premises and the principles, plans, and ideas on
which the cemetery was organized. From time to time, the owner may amend, add
to, revise, change, modify, or abolish such rules and regulations. Such rules
and regulations shall be plainly printed or typewritten, posted conspicuously,
and maintained, subject to inspection and copy, at the usual place for
transacting the regular business of the cemetery; provided, however, that no
cemetery to which the provisions of this chapter are applicable shall have the
power to adopt any rule or regulation in conflict with any of the provisions of
this chapter or in derogation of the contract rights of lot owners or owners of
burial rights. Upon request, the registrant shall provide a copy of said rules
and regulations to any person who requests it.
(b)
The owner of every cemetery shall have the further right to establish reasonable
rules and regulations regarding the type material, design, composition, finish,
and specifications of any and all merchandise to be used or installed in the
cemetery. Subject to the provisions of this Code section and rules of the
Secretary of State, reasonable rules may further be adopted regarding the
installing by the cemetery or others of all merchandise to be installed in the
cemetery. Such rules and regulations shall be posted conspicuously and
maintained, subject to inspection and copy, at the usual place for transacting
the regular business of the cemetery. Upon request, the registrant shall provide
a copy of said rules and regulations to any person requesting it. No cemetery
owner shall have the right to prevent the use of any merchandise purchased by a
lot owner or owner of a burial right, his or her representative, his or her
agent, or his or her heirs or assigns from any source, provided the merchandise
meets all rules and regulations.
(c)
All registrants shall have a full and complete schedule of all charges for grave
lots, burial rights, burial or funeral merchandise, and burial or funeral
services provided by the registrant plainly printed or typewritten, posted
conspicuously, and maintained, subject to inspection and copy, at the usual
place for transacting the regular business of the cemetery. Upon request, the
registrant shall provide a copy of said schedule of charges to any person
requesting it.
10-14-17.
(a)
It shall be unlawful for any person:
(1)
To sell or offer to sell any burial rights, burial or funeral services, or
burial or funeral merchandise by means of any oral or written untrue statement
of a material fact or any omission to state a material fact necessary in order
to make the statements made, in the light of the circumstances under which they
are made, not misleading, the buyer not knowing of the untruth or omission, if
such person shall not sustain the burden of proof that he did not know, and in
the exercise of reasonable care could not have known, of the untruth or
omission;
(2)
To sell or offer to sell any, burial rights, burial or funeral services, or
burial or funeral merchandise in violation of any provision of this chapter or
rule, regulation, or order promulgated or issued by the Secretary of State under
any provision of this chapter;
(3)
Except as otherwise provided in paragraph (4) of this subsection, in connection
with the sale of preneed merchandise or services requiring funds to be deposited
into a preneed escrow account, to fail to refund, within three business days of
the request of the purchaser or the purchaser's heirs or assigns, the sales
prices plus applicable interest as determined according to rules promulgated by
the Secretary of State, provided that such request is made prior to the earlier
of:
(A)
The delivery of the merchandise or services; or
(B)
The death of the person for whose interment or inurnment the merchandise or
services are intended to be used.
Certain
solicitations during a person's last illness relating to refunds shall be a
violation of Part 2 of Article 15 of Chapter 1 of this title, the 'Fair Business
Practices Act of 1975,' as set out in Code Section 10-1-393.7;
(4)
In connection with the sale of monuments or vaults, to fail to refund within
three business days of the request of the purchaser or the purchaser's heirs or
assigns the full sales price, without interest, provided that such request is
made prior to the earlier of:
(A)
The delivery of the merchandise or services; or
(B)
The death of the person for whose interment or inurnment the monument or vault
is intended to be used.
Certain
solicitations during a person's last illness relating to refunds shall be a
violation of Part 2 of Article 15 of Chapter 1 of this title, the 'Fair Business
Practices Act of 1975,' as set out in Code Section 10-1-393.7;
(5)
To misappropriate, convert, illegally withhold, or fail to account for any trust
funds, escrow funds, or other funds established or maintained pursuant to this
chapter;
(6)
Knowingly to cause to be made, in any document filed with the Secretary of State
or in any proceeding under this chapter, any statement which is, at the time it
is made and in the light of the circumstances under which it is made, false or
misleading in any material respect;
(7)
To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale
of funeral services if such person is not a licensed funeral
director;
(7.1)
To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale
of burial rights or burial merchandise if such person is not registered pursuant
to the provisions of this chapter; or
(8)
To sell any grave space which has not been platted and pinned.
(b)
It shall be unlawful for any person in connection with the ownership, offer,
sale, or purchase of any burial rights, burial or funeral services, or burial or
funeral merchandise, directly or indirectly:
(1)
To employ any device, scheme, or artifice to defraud; or
(2)
To engage in any transaction, act, practice, or course of business which
operates or would operate as a fraud or deceit upon the purchaser or
seller.
(c)
In connection with the sale or installation of merchandise, it shall be unlawful
for a cemetery company to:
(1)
Impose any condition upon the installation of merchandise obtained from a third
party, other than to require installation by a registrant under this chapter or
as may be otherwise permitted by the rules and regulations of the Secretary of
State;
(2)
Charge a fee for the installation of merchandise purchased or obtained from and
to be installed by a person or firm other than the cemetery company or its
agents, provided that the cemetery owner may charge a fee not to exceed $125.00
to reimburse the cemetery owner for its reasonable costs incurred in assisting
in the siting of a monument on the lot on which it is to be installed,
supervision and inspection of the installation to ensure compliance with the
rules and regulations of the cemetery, and any administrative functions
associated with the installation; provided, further, any such fee is properly
disclosed and published as required by this chapter and charged regardless of
whether the installer is or is not the cemetery owner or affiliated
therewith;
(3)
Refuse to mark the place on the grave where the merchandise is to be installed
and inspect the installation when completed to ensure compliance with cemetery
rules and regulations;
(4)
Require any person or firm that installs, places, or sets merchandise to pay any
fee other than any fee charged pursuant to paragraph (2) of this
subsection;
(5)
Tie the purchase of any grave space or burial right to the purchase of
merchandise from or through the seller or any other designated person or
corporation;
(6)
Refuse to provide care or maintenance for any portion of a grave site on which a
monument has been placed, provided that installation has been in accordance with
lawful rules and regulations of the cemetery;
(7)
Attempt to waive liability with respect to damage caused by cemetery employees
or agents to merchandise after installation, where merchandise or installation
service is not purchased from the cemetery company providing grave space or from
or through any other person or corporation designated by the person authorized
to sell grave space or the cemetery company providing grave space; provided,
however, that no cemetery company may be held liable for the improper
installation of merchandise where merchandise is not installed by the cemetery
company or its agents;
or
(8)
After the promulgation of rules and regulations relating to the subject matter
of this subsection by the Secretary of State, to require any person who
installs, places, or sets merchandise to obtain any form of insurance, bond, or
surety or make any form of pledge, deposit, or monetary guarantee as a condition
of entry or access to cemetery property or the installation of merchandise
thereon, other than as may be in accordance with said rules and
regulations.
(d)
Other than the fees for the sale of burial rights, burial or funeral
merchandise, and burial or funeral services, no other fee may be directly or
indirectly charged, contracted for, or received by a cemetery company as a
condition for a customer to use any burial right, burial or funeral merchandise,
or burial or funeral service, except for:
(1)
Charges paid for opening and closing a grave and vault
installation;
(2)
Charges paid for transferring burial rights from one purchaser to another;
however, no such fee may exceed $75.00 and such fee must have been disclosed in
writing to the owner at the time of the initial purchase of the burial right
from the cemetery;
(3)
Charges for sales, documentary, excise, and other taxes actually and necessarily
paid to a public official, which charges must be supported in fact;
(4)
Charges for credit life and credit disability insurance, but only as requested
by the purchaser, and the premiums for which do not exceed the applicable
premium chargeable in accordance with the rates filed with the Insurance
Commissioner; or
(5)
Charges for interest on unpaid balances in accordance with applicable
law.
Nothing
herein shall prohibit a cemetery company from charging a reasonable fee for
services it provides in connection with a lawful disinterment, provided such
charges do not exceed the greater of the cemetery company's normal and customary
charges for interment or the actual costs incurred by the cemetery directly
attributable to such disinterment. Nothing herein shall prohibit a cemetery from
charging a reasonable fee for actual costs it incurs due to the commencement of
a funeral service at a time other than previously agreed by the cemetery
company, the funeral establishment, and the owner of the burial rights, or his
or her heirs and assigns, provided such charges are calculated in a manner which
is disclosed and published as required by this chapter and that such charges are
directly attributable to extra costs incurred by the cemetery company due to
such late commencement.
(e)
In connection with the sale of burial rights, burial or funeral merchandise, or
burial or funeral services, it shall be unlawful for any person to fail to
comply with the provisions of Article 1 of Chapter 1 of this title, 'The Georgia
Retail Installment and Home Solicitation Sales Act' or Part 2 of Article 15 of
Chapter 1 of this title, the 'Fair Business Practices Act of 1975.' For the
purposes of this subsection, burial rights, burial or funeral services, and
burial or funeral merchandise shall constitute goods as that term is used in
said article and said part.
(f)
In connection with the installation of a monument:
(1)
It shall be unlawful for any person installing said monument to fail to comply
with the lawful rules and regulations of the cemetery regarding monument
installation, provided that said rules and regulations are provided in writing
to the installer prior to the installation. In the event such installation is
not in conformity with said rules and regulations, the installer shall be liable
to the cemetery for the actual cost of correcting such installation so it will
be in conformity, provided that:
(A)
The cemetery has notified the installer by certified mail, return receipt
requested, of the reasons for the nonconformity not later than one year after
the date of the installation; and
(B)
The installer, provided it is registered under this chapter, shall have had not
less than 30 days from its receipt of such notice to correct such nonconformity;
and
(2)
An installer of a monument shall be liable to the cemetery, to its customers,
and to third persons for damages to their respective property and for other
damages arising due to the negligence or intentional act of such installer,
which liability may not be waived by contract.
(g)
No program offering free burial rights may be conditioned on any requirement to
purchase additional burial rights, burial or funeral merchandise, or burial or
funeral services.
(h)
The contract rights of any purchaser of preneed merchandise shall be freely
transferable without fee except as provided in this chapter.
(i)
It shall be unlawful for any owner or operator of a perpetual care cemetery to
fail to provide care and maintenance for the cemetery.
(j)
The fees set forth in this Code section shall be annually adjusted to the rate
of change in the Consumer Price Index as reported by the Bureau of Labor
Statistics of the United States Department of Labor. The Secretary of State
shall adopt such adjustments to the amount of said fees by rule.
10-14-18.
(a)
A registrant offering to provide burial rights, burial or funeral merchandise,
or burial or funeral services to the public shall:
(1)
Provide by telephone, upon request, accurate information regarding the retail
prices of burial or funeral merchandise and services offered for sale by the
registrant;
(2)
Fully disclose all regularly offered services and merchandise prior to the
selection of burial rights, burial or funeral services, or burial or funeral
merchandise. The full disclosure required shall identify the prices of all
burial
or
rights, burial or funeral services, and burial or funeral merchandise provided
by the registrant;
(3)
Not make any false or misleading statements of the legal requirement as to the
necessity of a casket or outer burial container;
(4)
Provide a good faith estimate of all fees and costs the customer will incur to
use any burial rights, merchandise, or services purchased;
(5)
Provide to the customer a current copy of the rules and regulations of the
registrant;
(6)
Provide the registrant's policy on cancellation and refunds to each
customer;
(7)
Provide refunds if burial or funeral merchandise is not delivered as
represented; and
(8)
Provide the customer, upon the purchase of any burial right or burial or funeral
merchandise or service, a written contract, the form of which has been filed
with the Secretary of State.
(b)
In a manner established by rule of the Secretary of State, the written contract
shall provide on the signature page of the contract, clearly and conspicuously
in boldface ten-point type or larger, the following:
(1)
The words 'purchase price' together with the sum of all items set out in the
contract in accordance with subsection (d) of this Code section;
(2)
The amount to be placed in trust;
(3)
Either:
(A)
A statement that no further expenses will be incurred at the time of need;
or
(B)
A statement that additional expenses will be incurred at the time of need, the
registrant's current price for each such expense, and a statement that such
prices may be expected to increase in the future; and
(4)
The telephone number designated by the Secretary of State for questions and
complaints.
(c)
The written contract shall be completed prior to the signing of the contract by
the customer and a copy of the contract shall be provided to the
customer.
(d)
The written contract shall provide an itemization of the amounts charged for all
burial rights, burial or funeral services, burial or funeral merchandise, cash
advances, and fees and other charges, which itemization shall be clearly and
conspicuously segregated from everything else on the written
contract.
(e)
The written contract shall contain a description of the burial or funeral
merchandise covered by the contract to include, when applicable, size, materials
from which the burial or funeral merchandise is made, and other relevant
specifications as may be required by the Secretary of State.
(f)
The written contract shall disclose the location at which funeral services are
to be provided and the space number of each lot or grave space.
10-14-19.
(a)
Whenever it may appear to the Secretary of State that any person has engaged in,
or is engaging in, or is about to engage in any act or practice or transaction
which is prohibited by this chapter or by any rule, regulation, or order of the
Secretary of State promulgated or issued pursuant to any Code section of this
chapter or which is declared to be unlawful under this chapter, the Secretary of
State may, at his or her discretion, act under any or all of the following
paragraphs:
(1)
Issue an order, if he or she deems it to be appropriate in the public interest
or for the protection of consumers, prohibiting such person from continuing such
act, practice, or transaction, subject to the right of such person to a hearing
as provided in Code Section 10-14-23;
(2)
Apply to any superior court of competent jurisdiction in this state for an
injunction restraining such person and such person's agents, employees,
partners, officers, and directors from continuing such act, practice, or
transaction or engaging therein or doing any acts in furtherance thereof, and
for appointment of a receiver or an auditor and such other and further relief as
the facts may warrant; or
(3)
Transmit such evidence as may be available concerning such act, practice, or
transaction to any district attorney or to the Attorney General, who may, at his
or her individual discretion, institute the necessary criminal
proceedings.
(b)
In any proceedings for an injunction, the Secretary of State may apply for and
be entitled to have issued the court's subpoena requiring the appearance
forthwith of any defendant and its agents, employees, partners, officers, or
directors, and the production of such documents, books, and records as may
appear necessary for the hearing upon the petition for an injunction. Upon proof
of any of the offenses described in this Code section, the court may grant such
injunction and appoint a receiver or an auditor and issue such other orders for
the protection of the public as the facts may warrant.
(c)
In any criminal proceeding, either the district attorney or the Attorney
General, or both, may apply for and be entitled to have issued the court's
subpoena requiring the appearance forthwith of any defendant or its agents,
employees, partners, officers, or directors and the production of such
documents, books, and records as may appear necessary for the prosecution of
such criminal proceedings.
(d)
In any civil proceeding brought under this Code section, if the Secretary of
State shall establish that a perpetual care trust fund or preneed escrow account
has not been established and maintained as required, the assets of the cemetery,
cemetery company, or preneed dealer may be seized and sold by the state under
orders of the court to the extent necessary to provide said perpetual care trust
fund or preneed escrow account and set up the same. In addition, where the
registration has been revoked, the whole company property may be ordered sold
after the perpetual care trust fund and preneed escrow account have been
established so that the purchaser of the cemetery may continue to operate the
same and maintain it under the terms of this chapter.
(e)
The Secretary of State shall have the authority to petition a court of competent
jurisdiction to remove a trustee or escrow agent for violation of the provisions
of this chapter, the rules and regulations promulgated under this chapter, or
for other unlawful acts and practices.
(f)
In addition to any other penalties that may be imposed, any person willfully
violating any provisions of Code Section 10-14-17 or 10-14-18 or of Code Section
10-14-11 or any rule, regulation, or order of the Secretary of State made
pursuant to Code Section 10-14-17, 10-14-18, or 10-14-11 shall be subject to a
civil penalty not to exceed $10,000.00 for a single violation and not exceeding
$100,000.00 for multiple violations in a single proceeding or a series of
related proceedings. The Secretary of State shall be authorized in his or her
discretion to decline to impose a penalty or to impose any lesser penalty that
he or she may deem to be sufficient and appropriate in any particular case. The
amount of such penalty may be collected by the Secretary of State in the same
manner that money judgments are now enforced in the superior courts of this
state, except that the order or finding of the Secretary of State as to such
penalty may be appealed according to the provisions of Code Section
10-14-22.
10-14-20.
(a)
Except as otherwise provided in subsection (b) of this Code section, any person
who shall willfully violate any provision of this chapter shall be guilty of a
misdemeanor and, upon conviction thereof, shall be subject to a fine of not more
than $1,000.00 or imprisonment not to exceed 12 months, or both.
(b)
Any person who shall willfully violate Code Section 10-14-17, Code Section
10-14-18, or any provision of this chapter regarding the establishment,
maintenance, or reporting of any trust, reserve, or escrow funds mandated by
this chapter shall be guilty of a felony and, upon conviction thereof, shall be
punished by a fine of not more than $10,000.00 or imprisonment for not less than
one and not more than five years, or both.
(c)
Nothing in this chapter shall limit any statutory or common-law right of the
state to punish any person for violation of any provision of any
law.
10-14-21.
(a)
Any person who violates any provision of subsection (a) of Code Section 10-14-17
shall be liable to the person buying such burial lot, burial right, burial
merchandise, or burial service; and such buyer may bring action in any court of
competent jurisdiction to recover the consideration paid in cash for the burial
lot, burial right, burial merchandise, or burial service together with interest
at the legal rate from the date of such payment, and reasonable attorney's fees
and costs.
(b)
In addition to the remedy set forth in subsection (a) of this Code section, a
purchaser may apply to a court of competent jurisdiction in this state for an
order authorizing the recovery of the preneed escrow deposit if a registrant
fails to deliver burial merchandise or perform preneed burial services in
accordance with the terms of the preneed sales contract.
(c)
No person may bring action under this Code section more than two years from the
date of the scheduled completion of the contract for sale or from the date of
the sale if there is no contract for sale.
(d)
Every cause of action under this chapter survives the death of any person who
might have been a plaintiff or defendant.
(e)
Nothing in this chapter shall limit any statutory or common-law right of any
person in any court for any act involving the sale of a burial lot, burial
right, burial merchandise, or burial services.
10-14-22.
(a)
An appeal may be taken from any order of the Secretary of State resulting from a
hearing held in accordance with the provisions of Code Section 10-14-23 by any
person adversely affected thereby to the Superior Court of Fulton County,
Georgia, by serving on the Secretary of State, within 20 days after the date of
entry of such order, a written notice of appeal, signed by the appellant,
stating:
(1)
The order from which the appeal is taken;
(2)
The ground upon which a reversal or modification of such order is sought;
and
(3)
A demand for a certified transcript of the record of such order.
(b)
Upon receipt of such notice of appeal, the Secretary of State shall, within ten
days thereafter, make, certify, and deliver to the appellant a transcript of the
record of the order from which the appeal is taken, provided that the appellant
shall pay the reasonable costs of such transcript. The appellant shall, within
five days after receipt of such transcript, file such transcript and a copy of
the notice of appeal with the clerk of the court. Said notice of appeal and
transcript of the record shall constitute appellant's complaint. Said complaint
shall thereupon be entered on the trial calendar of the court in accordance with
the court's normal procedures.
(c)
If the order of the Secretary of State shall be reversed, the court shall by its
mandate specifically direct the Secretary of State as to his or her further
action in the matter, including the making and entering of any order or orders
in connection therewith and the conditions, limitations, or restrictions to be
contained therein.
10-14-23.
(a)
Where the Secretary of State has issued any order forbidding the sale of burial
lots, burial rights, burial merchandise, or burial services under any provision
of this chapter, he or she shall promptly send to the cemetery owner, cemetery
company, burial or funeral merchandise dealer, or preneed dealer and to the
persons who have filed such application for registration a notice of opportunity
for hearing. Before entering an order refusing to register any person or entity
and after the entering of any order for revocation or suspension, the Secretary
of State shall promptly send to such person or entity a notice of opportunity
for hearing. Hearings shall be conducted by the Secretary of State pursuant to
this Code section.
(b)
Notices of opportunity for hearing shall be served by investigators appointed by
the Secretary of State or sent by certified mail or statutory overnight
delivery, return receipt requested, to the addressee's business mailing address,
and such notice shall state:
(1)
The order which has issued or which is proposed to be issued;
(2)
The ground for issuing such order or proposed order; and
(3)
That the person to whom such notice is sent will be afforded a hearing upon
request if such request is made within ten days after receipt of the
notice.
(c)
Whenever a person requests a hearing in accordance with the provisions of this
Code section, there shall immediately be set a date, time, and place for such
hearing, and the person requesting such hearing shall forthwith be notified
thereof. The date set for such hearing shall be within 15 days, but not earlier
than five days after the request for hearing has been made, unless otherwise
agreed to by the issuer of the notice and the person requesting such
hearing.
(d)
For the purpose of conducting any hearing as provided in this Code section, the
Secretary of State shall have the power to administer oaths, to call any party
to testify under oath at such hearings, to require the attendance of witnesses
and the production of books, records, and papers, and to take the depositions of
witnesses; and for such purposes the Secretary of State is authorized, at the
request of the person requesting such hearing or upon the official's own
initiative, to issue a subpoena for any witnesses or a subpoena for the
production of documentary evidence to compel the production of any books,
records, or papers. Said subpoenas may be served by certified mail or statutory
overnight delivery, return receipt requested, to the addressee's business
mailing address or by investigators appointed by the Secretary of State or shall
be directed for service to the sheriff of the county where such witness resides
or is found or where such person in custody of any books, records, or papers
resides or is found. The fees and mileage of the sheriff, witness, or person
shall be paid from the funds in the state treasury for the use of the Secretary
of State in the same manner that other expenses of the Secretary of State are
paid.
(e)
At any hearing conducted under this Code section, a party or an affected person
may appear in his or her own behalf or may be represented by an attorney. A
stenographic record of the testimony and other evidence submitted shall be taken
unless the Secretary of State and the person requesting such hearing shall agree
that such a stenographic record of the testimony shall not be taken. A
transcript of the proceeding shall be made available to a party upon the payment
of reasonable costs. The Secretary of State shall pass upon the admissibility of
such evidence, but a party may at any time make objections to such rulings
thereon; and, if the Secretary of State refuses to admit evidence, the party
offering the same shall make a proffer thereof and such proffer shall be made a
part of the record of such hearing.
(f)
If the Secretary of State does not receive a request for a hearing within the
prescribed time, he or she may permit an order previously entered to remain in
effect or he or she may enter a proposed order. If a hearing is requested and
conducted as provided in this Code section, the Secretary of State shall issue a
written order which shall set forth his or her findings with respect to the
matters involved and enter an order in accordance with the Secretary's
findings.
10-14-24.
When
consent to service of process is required under this chapter, such consent to
service of process shall be in the form prescribed by the Secretary of State,
shall be irrevocable, and shall provide that actions brought by the State of
Georgia arising out of or founded upon the sale of burial lots, burial rights,
burial services, or burial merchandise in violation of this chapter may be
commenced in any court of competent jurisdiction with proper venue within this
state by the service of process or pleadings upon the Secretary of State against
the person executing such consent. Notwithstanding any provision in any other
law to the contrary, service of any such process or pleadings in any such action
against a person who has filed a consent to service with the Secretary of State
shall, if made on the Secretary of State, be by duplicate copies, one of which
shall be filed in the office of the Secretary of State and the other shall
immediately be forwarded by the Secretary of State by certified mail or
statutory overnight delivery to the person against whom such process or
pleadings are directed at such person's latest address on file in the office of
the Secretary of State.
10-14-25.
Any
condition, stipulation, or provision binding any person acquiring any burial
lot, burial right, burial merchandise, or burial services to waive:
(1)
Compliance with any provision of this chapter or of the rules and regulations
promulgated under this chapter;
(2)
Any rights provided by this chapter or by the rules and regulations promulgated
under this chapter; or
(3)
Any defenses arising under this chapter or under the rules and regulations
promulgated under this chapter
shall
be void.
10-14-26.
For
any action taken or any proceeding had under the provisions of this chapter or
under color of the law, the Secretary of State shall be immune from liability
and action to the same extent that any judge of any court of general
jurisdiction in this state would be immune.
10-14-27.
(a)
In any action, civil or criminal, a certificate signed and sealed by the
Secretary of State, stating compliance or noncompliance with the provisions of
this chapter, shall constitute prima-facie evidence of such compliance or
noncompliance with the provisions of this chapter and shall be admissible in any
such action.
(b)
In any action, civil or criminal, copies, photostatic or otherwise, certified by
the Secretary of State of any documents filed in his or her office and of any of
his or her records shall be admissible with the same effect as the original of
such documents or records would have if actually produced.
10-14-28.
(a)
Prior law exclusively governs all actions, prosecutions, or proceedings which
are pending or may be initiated on the basis of facts or circumstances occurring
before July 1, 2000, except that no civil action may be maintained to enforce
any liability under prior law unless brought within any period of limitation
which applied when the cause of action accrued and, in any event, no later than
July 1, 2000.
(b)
All effective registrations under prior law, all administrative orders relating
to such registrations, and all conditions imposed upon such registrations remain
in effect. They shall be deemed to have been filed, entered, or imposed under
this chapter but are governed by prior law.
(c)
Judicial review of all administrative orders as to which review proceedings have
not been instituted by July 1, 2000, are governed by Code Section 10-14-22,
except that no review proceeding may be instituted unless the petition is filed
within any period of limitation which applied to a review proceeding when the
order was entered and, in any event, no later than August 1, 2000.
10-14-29.
(a)
A cemetery company shall start construction of that section of a mausoleum or
columbarium in which sales, contracts for sales, reservations for sales, or
agreements for sales are being made within four years after the date of the
first such sale or 50 percent of the mausoleum or columbarium has been sold and
the purchase price has been received, whichever occurs first. The construction
shall be completed within five years after the date of the first sale made. If
the units have not been completely constructed at the earlier of time of need or
the time specified in this subsection, all moneys paid shall be refunded upon
request, plus interest earned thereon for that portion of the moneys deposited
in the preneed escrow account and an amount equal to the interest that would
have been earned on that portion of the moneys that were not so
deposited.
(b)
A cemetery company that plans to offer for sale space in a section of a
mausoleum or columbarium prior to construction shall establish a preconstruction
trust fund by written instrument. The preconstruction trust fund shall be
administered by a corporate trustee approved by the Secretary of State and not
affiliated with the cemetery company and operated in conformity with applicable
provisions of Code Section 10-14-7. The preconstruction trust fund shall be
separate from any other trust funds that may be required by this
chapter.
(c)
Before a sale, contract for sale, reservation for sale, or agreement for sale in
a mausoleum section or columbarium may be made, the cemetery company shall
compute the amount to be deposited to the preconstruction trust fund. The total
amount to be deposited in the fund for each unit of the project shall be
computed by dividing the cost of the project plus 10 percent of the cost, as
computed by a licensed contractor, engineer, or architect, by the number of
crypts or niches in the mausoleum or columbarium. When payments are received in
installments, the percentage of the installment payment placed in trust must be
identical to the percentage which the payment received bears to the total cost
of the contract, including other burial or funeral merchandise and services
purchased. Preconstruction trust fund payments shall be made within 30 days
after the end of the month in which payment is received.
(d)
When the cemetery company delivers a completed crypt, mausoleum, columbarium, or
niche acceptable to the purchaser in lieu of the crypt or niche purchased prior
to construction, all sums deposited to the preconstruction trust fund for that
purchaser shall be paid to the cemetery company.
(e)
Upon completion of the mausoleum section or columbarium, the cemetery company
shall certify completion to the trustee and shall be entitled to withdraw all
funds deposited to the account of such mausoleum section or
columbarium.
(f)
If the mausoleum section or columbarium is not completed within the time limits
set out in this Code section, the trustee shall contract for and cause the
project to be completed and pay therefor from the trust funds deposited to the
project's account, paying any balance, less cost and expenses, to the cemetery
company. The cemetery company shall be liable for any difference between the
amount necessary to complete construction and the amount of trust
funds.
(g)
On or before January 31 of each year, the trustee shall file with the Secretary
of State in the form prescribed by the Secretary of State, a full and true
statement as to the activities of any trust established pursuant to this Code
section for the preceding calendar year.
10-14-30.
The
Secretary of State, by rule, may adopt minimum standards for interment of human
remains, including, without limitation, standards for depth of burial,
composition of vaults, caskets, and other containers, siting and marking of
burial lots, and minimum standards for construction of mausoleums and
columbaria. In addition, the Secretary of State may, by rule, provide for the
minimum standards for or prohibition of aboveground burial
containers."
SECTION
1-2.
Part
2 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating
to the practice of professional forestry, is revised as follows:
"PART
2
12-6-40.
It
is the purpose of this part to protect the public by improving the standards
relative to the practice of professional forestry.
12-6-41.
As
used in this part, the term:
(1)
'Board' means the State Board of Registration for Foresters provided for by this
part, a
professional licensing board pursuant to Chapter 1 of Title 43 with the
authority and responsibilities set forth in such
chapter.
(2)
'Director' means the director of professional licensing.
(3)
'Licensing board' means the Georgia Board of Licensing and Registration created
by Article 2 of Chapter 1 of Title 43.
(2)(4)
'Professional forestry' or 'practice of professional forestry' means any
professional service relating to forestry, such as investigation, evaluation,
development of forest management plans or responsible supervision of forest
management, forest protection, silviculture, forest utilization, forest
economics, or other forestry activities in connection with any public or private
lands, provided that forestry instructional and educational activities shall be
exempted.
The board
shall issue licenses only to those applicants who meet the requirements of this
Code section, provided that no person shall be eligible for registration as a
registered forester who is not of good character and reputation; provided,
further, that employees of the state and federal governments assisting farmers
in agricultural programs shall be exempt from this part.
(3)(5)
'Registered forester' means a person who has registered and qualified under this
part to engage in professional forestry practices as defined in this Code
section.
12-6-42.
(a)
A State Board of Registration for Foresters is
created, a
professional licensing board pursuant to Chapter 1 of Title 43 with the
authority and responsibilities set forth in such
chapter whose duty it shall be to
administer this part.
(b)
The board shall consist of five foresters who shall be selected and appointed by
the Governor and who shall have the qualifications required by Code Section
12-6-43.
(c)
In addition to the five members provided for in subsection (b) of this Code
section, the board shall consist of a sixth member who shall be appointed by the
Governor from the public at large and who shall have no connection whatsoever
with the practice of professional forestry. The initial term of appointment for
the additional member provided for by this subsection shall expire June 30,
1985; thereafter, the Governor shall appoint successors for terms of five years
each.
(d)
Every member of the board shall receive a certificate of his
or
her appointment from the Governor and
before beginning his
or
her term of office shall file with the
Secretary of State his
or
her written oath or affirmation for the
faithful discharge of his
or
her official duty.
(e)
The five members of the board shall be appointed for terms of five years. On
the expiration of the term of any member of the board, the Governor shall in the
manner provided in this Code section appoint for a term of five years a
registered forester having the qualifications required by Code Section 12-6-43
to take the place of the member whose term on the board is expiring. Each
member shall hold office until the expiration of the term for which that member
is appointed or until a successor shall have been duly appointed and shall have
qualified.
12-6-43.
Each
member of the board shall be a citizen of the United States and a resident of
Georgia and shall have been engaged in the practice of forestry for at least ten
years, provided that only the citizenship and residency requirements of this
Code section shall apply to the member appointed pursuant to subsection (c) of
Code Section 12-6-42.
12-6-44.
Each
member of the board shall be reimbursed as provided for in subsection (f) of
Code Section 43-1-2.
12-6-45.
The
Governor may remove any member of the board for misconduct, incompetency, or
neglect of duty. Vacancies in the membership of the board shall be filled for
the unexpired term by appointment only as provided in this part.
12-6-46.
The
board shall hold meetings as necessary. The board shall elect or appoint
annually a
chairman
and a vice-chairman
chairperson
and vice chairperson. The
division
director of
the professional licensing boards division, as provided in Chapter 1 of Title
43, shall serve as secretary of the board
in the same manner as provided by Code Sections 43-1-1 and 43-1-2.
12-6-47.
(a)
The
licensing
board shall have the power to promulgate rules and regulations, not inconsistent
with the Constitution and laws of this state, which may be reasonably necessary
for the proper performance of its duties and the regulation of the proceedings
before it.
(b)
The board shall adopt and have an official seal.
12-6-48.
The
board shall keep a record of its proceedings.
The records
of the board shall be prima-facie evidence of the proceedings of the board set
forth therein, and a transcript thereof, duly certified by the secretary of the
board under seal, shall be admissible in evidence with the same force and effect
as if the original were produced.
12-6-49.
(a)
The minimum qualifications and requirements for registration as a registered
forester shall be as follows:
(1)
Graduation with a baccalaureate degree from a school, college, or department of
forestry approved by the
licensing
board, passage of a
licensing
board approved examination after graduation, and a specific record of an
additional two years' or more experience in forestry work of a character
satisfactory to the
licensing
board indicating that the applicant is competent to practice forestry. Such two
years' experience need not be obtained on lands owned, leased, rented, or held
by the applicant or by any person, corporation, agency, entity, or institution
by which such applicant is employed, so long as the applicant works under
supervision of a registered forester or under other supervision acceptable to
the
licensing
board; or
(2)
Graduation from a school of forestry not approved by the
licensing
board or completion of a curriculum approved by the
licensing
board in which the applicant has acquired a minimum of 40 quarter hours' credit,
or its equivalent, in forestry subjects, provided that such applicant may be
licensed only after acquiring two years' experience of a character satisfactory
to the
licensing
board and under the supervision of a registered forester or under other
supervision acceptable to the
licensing
board, and only after passing a
licensing
board approved examination; provided, however, that an applicant who graduates
on or after July 1, 1993, from a school of forestry not approved by the
licensing
board or who, on or after July 1, 1993, completes a curriculum approved by the
licensing
board in which the applicant has acquired a minimum of 40 quarter hours' credit,
or its equivalent, in forestry subjects, may be licensed only after completing
three years' experience of a character satisfactory to the
licensing
board and under the supervision of a registered forester or under other
supervision acceptable to the
licensing
board and only after passing a
licensing
board approved examination.
(b)
The
board
director
shall issue licenses only to those applicants who meet the requirements of this
Code section, provided that no person shall be eligible for registration as a
registered forester who is not of good moral character and
reputation.
(c)
It shall be the duty of the
licensing
board by rule or regulation to define 'supervision' and 'experience' as used in
this part, and in so doing the
licensing
board shall consider and give effect to the directness, immediacy, scope,
extent, quality, and constancy of such supervision, and, as to experience, the
nature, quality, and extent thereof.
12-6-49.1.
(a)
As used in this Code section, the term:
(1)
'Agency' means the agency within the Department of Human Services which is
responsible for enforcing orders for child support pursuant to Article 1 of
Chapter 11 of Title 19, the 'Child Support Recovery Act.'
(2)
'Compliance with an order for child support' means, as set forth in a court
order, administrative order, or contempt order for child support, the obligor is
not more than 60 calendar days in arrears in making payments in full for current
support, periodic payments on a support arrearage, or periodic payments on a
reimbursement for public assistance.
(3)
'Proof of compliance' means the notice of release issued by the agency or a
court of competent jurisdiction stating that the delinquent obligor is in
compliance with an order for child support.
(b)
The
board
director
shall suspend, as provided for in Code Sections 19-6-28.1 and 19-11-9.3, the
license of any registered forester upon receipt of a record from the agency or a
court of competent jurisdiction stating that such licensee is not in compliance
with an order for child support.
(c)
The
board
director
shall deny the application or renewal, as provided for in Code Sections
19-6-28.1 and 19-11-9.3, of any applicant or licensee upon receipt of a record
that such applicant or licensee is not in compliance with an order for child
support from the agency or court of competent jurisdiction.
(d)
Notwithstanding any other provisions of law, the hearings and appeals procedures
provided for in Code Section 19-6-28.1
or,
19-11-9.3, or
43-1-3.1, where applicable, shall be the
only such procedures required to suspend a license or deny the issuance or
renewal of an application for a license under this part.
12-6-49.2.
(a)
As used in this Code section, the term:
(1)
'Agency' means the Georgia Higher Education Assistance Corporation created in
Code Section 20-3-263 which is responsible for administering a program of
guaranteed educational loans to eligible students and eligible parents known as
the Georgia Higher Education Loan Program.
(2)
'Borrower' means an individual who borrowed a guaranteed educational loan under
the Georgia Higher Education Loan Program.
(3)
'Default' means default as defined by federal law under the Higher Education Act
of 1965.
(4)
'Satisfactory repayment status' means the borrower has agreed to repay the
defaulted loan to the agency and has made a payment in the most recent prior 60
days.
(b)
The
board
director
shall suspend, as provided for in Code Section 20-3-295, the license of any
registered forester upon receipt of a record from the agency stating that such
licensee is a borrower in default who is not in satisfactory repayment
status.
(c)
The
board
director
shall deny the application for renewal, as provided for in Code Section
20-3-295, of any applicant or licensee upon receipt of a record from the agency
stating that such licensee is a borrower in default who is not in satisfactory
repayment status.
(d)
Notwithstanding any other provisions of law, the hearings and appeals procedures
provided for in Code Section 20-3-295
or
43-1-3.1, where applicable, shall be the
only such procedures required to suspend a license or deny the issuance or
renewal of an application for a license under this part.
12-6-50.
(a)
Applications for registration shall be made on forms prescribed and furnished by
the
licensing
board; shall contain statements made under oath, showing the applicant's
education and a detailed summary of the applicant's technical work; and shall
contain not fewer than five references, of whom three or more shall be
registered foresters having personal or professional knowledge of the
applicant's forestry experience.
(b)
The registration fee for a license as a registered forester shall be an amount
established by the
licensing
board. Should the
board
director
deny the issuance of a license to any applicant, the initial fee deposited shall
be retained by the
board
director
as an application fee.
12-6-51.
When
written examinations are required, they shall be held at such time and place as
the
division
director of
the professional licensing boards division, as provided in Chapter 1 of Title
43, shall determine. The methods of
procedure shall be prescribed by the
division
director of
the professional licensing boards division, as provided in Chapter 1 of Title
43. A candidate failing on examination may
apply for reexamination in the manner provided for by the
division
director of
the professional licensing boards division, as provided in Chapter 1 of Title
43. Subsequent examination will be
granted upon payment of a fee to be determined by the
licensing
board.
12-6-52.
The
board
director
shall issue a license upon payment of a registration fee as provided for in this
part to any applicant who, in the opinion of the
board
director,
has satisfactorily met all of the requirements of this part. The issuance of a
license by the
board
director
shall be evidence that the person named therein is entitled to all the rights
and privileges of a registered forester while the license remains unrevoked or
unexpired. Plans, maps, specifications, and reports issued by a registrant
shall be endorsed with his
or
her name and license number during the
life of the registrant's license.
12-6-53.
Reserved.
12-6-54.
(a)
Any person who is licensed as a registered forester under the laws of another
state may be licensed and registered under the laws of Georgia by reciprocity
without having to qualify under the other provisions of this part, subject to
the following conditions:
(1)
That the requirements and qualifications for licensing and registration under
the laws of the state in which such person is licensed are substantially
equivalent to those of Georgia, such substantial equivalency to be determined by
the
licensing
board; and
(2)
That such state permits licensing of foresters registered in Georgia on terms
substantially equivalent to those of this Code section, such substantial
equivalency to be determined by the
licensing
board.
(b)
Notwithstanding the foregoing provisions of this Code section, the
board
director
may decline to license by reciprocity any person on an individual basis where
the
board
director
determines that such applicant does not possess good character or has been
guilty of fraud in making application under the laws of Georgia or of any other
state, or where the
board
director
determines by examination or otherwise that such applicant is not in fact
qualified to become licensed as a registered forester.
(c)
Any person desiring to become registered under this Code section shall make
application under oath on blanks to be furnished by the
licensing
board, shall accompany such application with the same fee required for licensing
and registration under Code Section 12-6-50, and shall cause to be sent to the
board
director
a certificate from the proper authority of the state under which such person is
already registered certifying thereto.
(d)
Any license issued under this Code section shall be subject to all provisions of
this part governing expiration, renewal, renewal fees, revocation, and any and
all other provisions of law governing or relating to registered
foresters.
12-6-55.
Registration
shall be determined upon a basis of individual personal qualifications. No
firm, company, partnership, or corporation can be licensed.
12-6-56.
(a)
Licenses shall be valid for up to two years and shall be renewable biennially on
the renewal date established by the
division
director of
the professional licensing boards division, as provided in Chapter 1 of Title
43.
(b)
The
licensing
board shall require persons who are licensed under this part to complete not
less than six hours and not more than 20 hours of continuing forestry education
as a condition of license renewal. The
licensing
board shall be authorized to approve continuing forestry education courses
offered by professional organizations, institutions of higher learning,
qualified individuals, or specialty societies. In addition, the
licensing
board shall be authorized to approve credit for meetings, presentations, or
other activities considered by the
licensing
board to be a form of continuing education.
(c)
The
board
director
shall be authorized to waive the continuing forestry education requirement in
cases of hardship or illness.
(d)
The
licensing
board shall be authorized to promulgate rules and regulations to ensure
compliance with the requirements of this Code section.
12-6-57.
The
board
director
shall have the authority to refuse to grant a license to an applicant, to revoke
the license of a person licensed by the
board
director,
or to discipline a person licensed by the
board
director
upon a finding
by a
majority of the board that the licensee or
applicant has violated the provisions of Code Section 43-1-19. The
licensing
board shall have the authority to adopt, by regulation, a code of professional
ethics for foresters and thereby define unethical conduct or practice by
applicants or licensees of the
board
director
for purposes of Code Section 43-1-19.
12-6-58.
A
duplicate license to replace any lost, destroyed, or mutilated license may be
issued, subject to the rules of the
licensing
board, upon payment of a fee established by the
licensing
board.
12-6-59.
Reserved.
12-6-60.
In
addition to any other remedy or criminal prosecution, whenever it shall appear
to the
board
director
that any person, firm, company, partnership, association, or corporation, or
their agents, officers, or directors, is or has been holding himself,
herself,
itself, or themselves out to the public as a registered forester when not so
registered, the
board
director
may, on
its
his or
her own motion or on the verified
complaint in writing of any person, file an equitable petition in
its
own
the
director's name in the superior court in
any county of this state having jurisdiction of the parties, alleging the facts
and praying for a temporary restraining order, a temporary injunction, or a
permanent injunction against such person, firm, company, partnership,
association, or corporation, or their agents, officers, and directors,
restraining him, it, or them from violating such law. Upon proof of the facts
as alleged, the court shall issue such restraining order, temporary injunction,
or permanent injunction without requiring allegation or proof that the
petitioner therefor has no adequate remedy at law.
12-6-61.
(a)
No person shall use in connection with his
or
her name or otherwise assume, use, or
advertise any title or description tending directly or indirectly to convey the
impression that he
or
she is a registered forester without first
having been licensed and registered as a registered forester as provided in this
part.
(b)
Except as specifically authorized under this part, no person shall engage in the
practice of professional forestry, as defined in this part, or in any manner
advertise or hold himself
or
herself out as engaged in such practice
without first being licensed as a registered forester under this
part.
(c)
Notwithstanding subsection (b) of this Code section or any other provisions of
this part, nothing in this part shall be construed as preventing or prohibiting
any person from managing or otherwise conducting forestry practices on land
owned, leased, rented, or held by such person; nor shall anything in this part
prohibit any regular employee or official of any person, corporation, agency,
institution, or other entity from engaging in professional or other forestry
practices on lands owned, leased, rented, or held by such person, corporation,
agency, or other entity; nor shall anything in this part prohibit any graduate
of a school of forestry from practicing forestry under supervision as authorized
in Code Section 12-6-49 so as to qualify for licensing as provided in that Code
section.
12-6-62.
(a)
Any person, firm, or partnership violating any provision of this part shall be
guilty of a misdemeanor.
(b)
Any person who:
(1)
Refuses upon request to surrender to the
board
director
or any duly authorized agent
thereof
of the
director any license held by such
person;
(2)
Presents or attempts to use as his
or
her own the license of
another;
(3)
Gives any false or forged evidence of any kind to the
board or
any member thereof
director
in obtaining a license;
(4)
Attempts to use an expired or revoked license; or
(5)
Endorses any documents with his
or
her name and license number as provided in
Code Section 12-6-52 after the license of the registrant named thereon has
expired or has been revoked, unless the license has been renewed or
reissued,
shall
be guilty of a misdemeanor.
(c)
Any registered forester who endorses any plan, specification, estimate, or map
without having actually prepared such plan, specification, estimate, or map or
without having been in the actual charge of the preparation thereof shall be
guilty of a misdemeanor.
(d)
The
board
director
or such person or persons as may be designated by the
board
director
to act in it's
the director's stead is empowered to
prefer charges for any of the violations of this part in any court of competent
jurisdiction. Where reasonable ground existed to believe or suspect the guilt
of the accused, such person bringing charges shall be immune from liability in
damages or otherwise, notwithstanding that the accused was acquitted
thereof.
(e)
It shall be the duty of all duly constituted officers of the law of this state
or of any political subdivision thereof to enforce the provisions of this part
and to prosecute any persons, firms, or partnerships violating the same. The
Attorney General of the state and his
or
her assistants shall act as legal advisor
to the
licensing
board and the
director and render such legal assistance
as may be necessary in carrying out this part."
SECTION
1-3.
Chapter
4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists
and pharmacies, is revised as follows:
"CHAPTER
4
ARTICLE 1
ARTICLE 1
26-4-1.
This
chapter shall be known and may be cited as the 'Georgia Pharmacy Practice
Act.'
26-4-2.
The
practice of pharmacy in this state is declared to be a learned profession and
the practice of pharmacy affects the public health, safety, and welfare and is
subject to regulation and control in the public interest. It is further
declared to be a matter of public interest and concern that the practice of
pharmacy in this state as a learned profession, as defined in this chapter,
should merit and receive the confidence of the public and that only qualified
persons be permitted to engage in the practice of pharmacy to ensure the quality
of drugs and related devices distributed in this state. This chapter shall be
liberally construed to carry out these objectives and purposes.
26-4-3.
It
is the purpose of this chapter to promote, preserve, and protect the public
health, safety, and welfare by and through the effective control and regulation
of the practice of pharmacy; the licensure of pharmacists; the licensure,
control, and regulation of all sites or persons, in or out of this state that
distribute, manufacture, or sell drugs or devices used in the dispensing and
administration of drugs within this state; and the regulation and control of
such other materials as may be used in the diagnosis, treatment, and prevention
of injury, illness, and disease of a patient or other individual.
26-4-4.
The
'practice of pharmacy' means the interpretation, evaluation, or dispensing of
prescription drug orders in the patient's best interest; participation in drug
and device selection, drug administration, drug regimen reviews, and drug or
drug related research; provision of patient counseling and the provision of
those acts or services necessary to provide pharmacy care; performing capillary
blood tests and interpreting the results as a means to screen for or monitor
disease risk factors and facilitate patient education, and a pharmacist
performing such functions shall report the results obtained from such blood
tests to the patient's physician of choice; and the responsibility for
compounding and labeling of drugs and devices.
26-4-5.
As
used in this chapter, the term:
(1)
'Administer' or 'administration' means the provision of a unit dose of
medication to an individual patient as a result of the order of an authorized
practitioner of the healing arts.
(2)
'Board of pharmacy' or 'board' means the Georgia State Board of
Pharmacy, a
professional licensing policy board pursuant to Chapter 1 of Title 43 with the
authority and responsibility set forth in such
chapter.
(3)
'Brand name drug' means the proprietary, specialty, or trade name used by a drug
manufacturer for a generic drug and placed upon the drug, its container, label,
or wrapping at the time of packaging.
(4)
'Compounding' means the preparation, mixing, assembling, packaging, or labeling
of a drug or device as the result of a practitioner's prescription drug order or
initiative based on the relationship between the practitioner, patient, and
pharmacist in the course of professional practice or for the purpose of, or as
an incident to, research, teaching, or chemical analysis and not for sale or
dispensing. Compounding also includes the preparation of drugs or devices in
anticipation of prescription drug orders based on routine and regularly observed
prescribing patterns.
(5)
'Confidential information' means information maintained by the pharmacist in the
patient's records or which is communicated to the patient as part of patient
counseling which is privileged and may be released only to the patient or, as
the patient directs, to those practitioners and other pharmacists where, in the
pharmacist's professional judgment, such release is necessary to protect the
patient's health and well-being; and to such other persons or governmental
agencies authorized by law to receive such confidential
information.
(6)
'Controlled substance' means a drug, substance, or immediate precursor in
Schedules I through V of Code Sections 16-13-25 through 16-13-29, Schedules I
through V of 21 C.F.R. Part 1308, or both.
(7)
'Dangerous drug' means any drug, substance, medicine, or medication as defined
in Code Section 16-13-71.
(8)
'Deliver' or 'delivery' means the actual, constructive, or attempted transfer of
a drug or device from one person to another, whether or not for a
consideration.
(9)
'Device' means an instrument, apparatus, contrivance, or other similar or
related article, including any component part or accessory, which is required
under federal law to bear the label, 'Caution: federal or state law requires
dispensing by or on the order of a physician.'
(9.1)
'Director' means the director of professional licensing.
(10)
'Dispense' or 'dispensing' means the preparation and delivery of a drug or
device to a patient, patient's caregiver, or patient's agent pursuant to a
lawful order of a practitioner in a suitable container appropriately labeled for
subsequent administration to, or use by, a patient.
(11)
'Distribute' means the delivery of a drug or device other than by administering
or dispensing.
(11.1)
'Division director' means the division director of the professional licensing
boards division, as provided in Chapter 1 of Title 43.
(12)
'Drug' means:
(A)
Articles recognized as drugs in any official compendium, or supplement thereto,
designated from time to time by the
licensing
board for use in the diagnosis, cure, mitigation, treatment, or prevention of
disease in humans or animals;
(B)
Articles intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in humans or animals;
(C)
Articles, other than food, intended to affect the structure or any function of
the body of humans or animals; and
(D)
Articles intended for use as a component of any articles specified in
subparagraph (A), (B), or (C) of this paragraph but does not include
devices.
(13)
'Drug regimen review' includes but is not limited to the following
activities:
(A)
Evaluation of any prescription drug order and patient record for:
(i)
Known allergies;
(ii)
Rational therapy-contraindications;
(iii)
Reasonable dose and route of administration; and
(iv)
Reasonable directions for use;
(B)
Evaluation of any prescription drug order and patient record for duplication of
therapy;
(C)
Evaluation of any prescription drug order and patient record for the following
interactions:
(i)
Drug-drug;
(ii)
Drug-food;
(iii)
Drug-disease; and
(iv)
Adverse drug reactions; and
(D)
Evaluation of any prescription drug order and patient record for proper
utilization, including overutilization or underutilization, and optimum
therapeutic outcomes.
(14)
'Drug researcher' means a person, firm, corporation, agency, department, or
other entity which handles, possesses, or utilizes controlled substances or
dangerous drugs, as defined in Chapter 13 of Title 16, for purposes of
conducting research, drug analysis, animal training, or drug education, as such
purposes may be further defined by the
licensing
board, and is not otherwise registered as a pharmacist, pharmacy, drug
wholesaler, distributor, supplier, or medical practitioner.
(14.1)
'Electronic data prescription drug order' means any digitalized prescription
drug order transmitted to a pharmacy, by a means other than by facsimile, which
contains the secure, personalized digital key, code, number, or other identifier
used to identify and authenticate the prescribing practitioner in a manner
required by state laws and
licensing
board regulations and includes all other information required by state laws and
licensing
board regulations. 'Electronic data prescription drug order' also includes any
digitalized prescription drug order transmitted to a pharmacy that is converted
into a visual image of a prescription order during the transmission process, is
received by the pharmacy through a facsimile, and includes the practitioner's
electronic signature.
(14.2)
'Electronic data signature' means:
(A)
A secure, personalized digital key, code, number, or other identifier used for
secure electronic data transmissions which identifies and authenticates the
prescribing practitioner as a part of an electronic data prescription drug order
transmitted to a pharmacy; or
(B)
An electronic symbol or process attached to or logically associated with a
record and executed or adopted by a prescribing practitioner with the intent to
sign an electronic data prescription drug order, which identifies the
prescribing practitioner, as a part of an electronic data prescription drug
order transmitted to a pharmacy.
(14.3)
'Electronic signature' means an electronic visual image signature or an
electronic data signature of a practitioner which appears on an electronic
prescription drug order.
(14.4)
'Electronic visual image prescription drug order' means any exact visual image
of a prescription drug order issued by a practitioner electronically and which
bears an electronic reproduction of the visual image of the practitioner's
signature, is either printed on security paper and presented as a hard copy to
the patient or transmitted by the practitioner via facsimile machine or
equipment to a pharmacy, and contains all information required by state law and
regulations of the
licensing
board.
(14.5)
'Electronic visual image signature' means any exact visual image of a
practitioner's signature reproduced electronically on a hard copy prescription
drug order presented to the patient by the practitioner or is a prescription
drug order transmitted to a pharmacy by a practitioner via facsimile machine or
equipment.
(15)
'Emergency service provider' means licensed ambulance services, first responder
services or neonatal services, or any combination thereof.
(16)
'Extern' or 'pharmacy extern' means an individual who is a student currently
enrolled in an approved school or college of pharmacy and who has been assigned
by the school or college of pharmacy to a licensed pharmacy for the purposes of
obtaining practical experience and completing a degree in pharmacy. For the
purposes of this chapter, a pharmacy extern may engage in any activity or
perform any function which a pharmacy intern may perform under the direct
supervision of a licensed pharmacist.
(17)
'Federal act' or 'Federal Food, Drug, and Cosmetic Act' means the Federal Food,
Drug, and Cosmetic Act of the United States of America, approved June 25, 1938,
officially cited as Public Document 717, 75th Congress (Chapter 675-3rd Sess.)
and all amendments thereto, and all regulations promulgated thereunder by the
commissioner of the
Federal
United
States Food and Drug
Administration.
(18)
'Generic name' means a chemical name, a common or public name, or an official
name used in an official compendium recognized by the Federal Food, Drug, and
Cosmetic Act, as amended.
(18.05)
'Hard copy prescription drug order' means a written, typed, reproduced, or
printed prescription drug order prepared on a piece of paper.
(18.1)
'Institution' means any licensed hospital, nursing home, assisted living
community, personal care home, hospice, health clinic, or prison
clinic.
(19)
'Intern' or 'pharmacy intern' means an individual who is:
(A)
A student who is currently enrolled in an approved school or college of
pharmacy, has registered with the
board
director,
and has been licensed as a pharmacy intern;
(B)
A graduate of an approved school or college of pharmacy who is currently
licensed by the
board
director
for the purpose of obtaining practical experience as a requirement for licensure
as a pharmacist; or
(C)
An individual who does not otherwise meet the requirements of subparagraph (A)
or (B) of this paragraph and who has established educational equivalency by
obtaining a Foreign Pharmacy Graduate Examination Committee
(FPGEC)
certificate and is currently licensed by the
board
director
for the purpose of obtaining practical experience as a requirement for licensure
as a pharmacist.
(20)
Reserved.
(21)
'Labeling' means the process of preparing and affixing a label to any drug
container exclusive, however, of the labeling by a manufacturer, packer, or
distributor of a nonprescription drug or commercially packaged legend drug or
device. Any such label shall include all information required by federal,
state, or federal and state law or rule.
(21.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of Title 43.
(22)
'Manufacturer' means a person engaged in the manufacturing of drugs or
devices.
(23)
'Manufacturing' means the production, preparation, propagation, conversion, or
processing of a drug or device, either directly or indirectly, by extraction
from substances of natural origin or independently by means of chemical or
biological synthesis and includes any packaging or repackaging of any substance
or labeling or relabeling of its container and the promotion and marketing of
such drugs or devices. Manufacturing also includes the preparation and
promotion of commercially available products from bulk compounds for resale by
pharmacies, practitioners, or other persons.
(23.5)
'Narcotic treatment program clinic pharmacy' means a pharmacy which is attached
to, located in, or otherwise a part of and operated by a narcotic treatment
program which provides an opiate replacement treatment program, as designated or
defined by the Department of Behavioral Health and Developmental Disabilities or
such other state agency as may be designated as the state authority for the
purposes of implementing the narcotic treatment program authorized by federal
and state laws and regulations.
(24)
'Nonprescription drug' means a drug which may be sold without a prescription and
which is labeled for use by the consumer in accordance with the requirements of
the laws and rules of this state and the federal government.
(25)
'Patient counseling' means the oral communication by the pharmacist of
information, as defined in the rules of the
licensing
board, to the patient, patient's caregiver, or patient's agent, in order to
improve therapy by ensuring proper use of drugs and devices.
(26)
'Person' means an individual, corporation, partnership, or
association.
(27)
'Pharmaceutically equivalent' means drug products that contain identical amounts
of the identical active ingredient, in identical dosage forms, but not
necessarily containing the same inactive ingredients.
(28)
'Pharmacist' means an individual currently licensed by this state to engage in
the practice of pharmacy. This recognizes a pharmacist as a learned
professional who is authorized to provide patient services and pharmacy
care.
(29)
'Pharmacist in charge' means a pharmacist currently licensed in this state who
accepts responsibility for the operation of a pharmacy in conformance with all
laws and rules pertinent to the practice of pharmacy and the distribution of
drugs and who is personally in full and actual charge of such pharmacy and
personnel.
(30)
'Pharmacy' means:
(A)
The profession, art, and science that deals with pharmacy care, drugs, or both,
medicines, and medications, their nature, preparation, administration,
dispensing, or effect; or
(B)
Any place licensed in accordance with this chapter wherein the possessing,
displaying, compounding, dispensing, or selling of drugs may be conducted,
including any and all portions of the building or structure leased, used, or
controlled by the licensee in the conduct of the business or profession licensed
by the
board
director
at the address for which the license was issued.
(31)
'Pharmacy care' means those services related to the interpretation, evaluation,
or dispensing of prescription drug orders, the participation in drug and device
selection, drug administration, and drug regimen reviews, and the provision of
patient counseling related thereto.
(32)
'Pharmacy technician' means those support persons utilized in pharmacies whose
responsibilities are to provide nonjudgmental technical services concerned with
the preparation for dispensing of drugs under the direct supervision and
responsibility of a pharmacist.
(33)
'Practitioner' or 'practitioner of the healing arts' means a physician, dentist,
podiatrist, or veterinarian and shall include any other person licensed under
the laws of this state to use, mix, prepare, dispense, prescribe, and administer
drugs in connection with medical treatment to the extent provided by the laws of
this state.
(34)
'Preceptor' means an individual who is currently licensed as a pharmacist by the
board
director,
meets the qualifications as a preceptor under the rules of the
licensing
board, and participates in the instructional training of pharmacy
interns.
(35)
'Prescription drug' or 'legend drug' means a drug which, under federal law, is
required, prior to being dispensed or delivered, to be labeled with either of
the following statements: 'Caution: federal law prohibits dispensing without
prescription' or 'Caution: federal law restricts this drug to use by, or on the
order of, a licensed veterinarian'; or a drug which is required by any
applicable federal or state law or rule to be dispensed pursuant only to a
prescription drug order or is restricted to use by practitioners only; or a
controlled substance, as defined in paragraph (6) of this Code section or a
dangerous drug as defined in paragraph (7) of this Code section.
(36)
'Prescription drug order' means a lawful order of a practitioner for a drug or
device for a specific patient; such order includes an electronic visual image
prescription drug order and an electronic data prescription drug
order.
(37)
'Prospective drug use review' means a review of the patient's drug therapy and
prescription drug order, as defined in the rules of the
licensing
board, prior to dispensing the drug as part of a drug regimen
review.
(37.1)
'Remote automated medication system' means an automated mechanical system that
is located in a skilled nursing facility or hospice licensed as such pursuant to
Chapter 7 of Title 31 that does not have an on-site pharmacy and in which
medication may be dispensed in a manner that may be specific to a
patient.
(38)
'Reverse drug distributor' means a person, firm, or corporation which receives
and handles drugs from within this state which are expired, discontinued,
adulterated, or misbranded, under the provisions of Chapter 3 of this title, the
'Georgia Drug and Cosmetic Act,' from a pharmacy, drug distributor, or
manufacturer for the purposes of destruction or other final disposition or for
return to the original manufacturer of a drug.
(38.5)
'Security paper' means a prescription pad or paper that has been approved by the
licensing
board for use and contains the following characteristics:
(A)
One or more industry recognized features designed to prevent unauthorized
copying of a completed or blank prescription form;
(B)
One or more industry recognized features designed to prevent the erasure or
modification of information written on the prescription form by the
practitioner; and
(C)
One or more industry recognized features designed to prevent the use of
counterfeit prescription forms.
Where
security paper is in the form of a prescription pad, each pad shall bear an
identifying lot number, and each piece of paper in the pad shall be numbered
sequentially beginning with the number one.
(39)
'Significant adverse drug reaction' means a drug related incident that may
result in serious harm, injury, or death to the patient.
(40)
'Substitution' means to dispense pharmaceutically equivalent and therapeutically
equivalent drug products as regulated by the
licensing
board in place of the drug prescribed.
(41)
'Wholesale distributor' means any person engaged in wholesale distribution of
drugs, including but not limited to manufacturers; repackagers; own label
distributors; private label distributors; jobbers; brokers; warehouses,
including manufacturers' and distributors' warehouses, chain drug warehouses,
and wholesale drug warehouses; independent wholesale drug traders; and retail
and hospital pharmacies that conduct wholesale distributions.
ARTICLE
2
26-4-20.
(a)
The Georgia State Board of Pharmacy existing immediately preceding July 1, 1998,
is continued in existence
as a
professional licensing policy board, and
members serving on the board immediately preceding that date shall continue to
serve out their terms of office and until their respective successors are
appointed and qualified.
(b)
The responsibility for enforcement of the provisions of this chapter shall be
vested in the
Georgia
State Board of Pharmacy
director.
The board
shall have all of the duties, powers, and authority specifically granted by or
necessary for the enforcement of this chapter, as well as such other duties,
powers, and authority as it may be granted from time to time by applicable
law.
26-4-21.
(a)
Each of the seven pharmacist members of the board shall, at the time of
appointment:
(1)
Be a resident of this state for not less than six months;
(2)
Be currently licensed and in good standing to engage in the practice of pharmacy
in this state;
(3)
Be actively engaged in the practice of pharmacy in this state;
(4)
Have five years of experience in the practice of pharmacy in this state after
licensure; and
(5)
Not be officially employed as a full-time faculty member by any school or
college of pharmacy.
(b)
The one consumer member of the board shall be a resident of Georgia who has
attained the age of majority and shall not have any connection whatsoever with
the pharmaceutical industry.
(c)
Appointees to the board shall immediately after their appointment take and
subscribe to an oath or affirmation before a qualified officer that they will
faithfully and impartially perform the duties of the office,
which
and
the oath shall be filed with the Secretary
of State, whereupon the Secretary of State shall issue to each appointee a
certificate of appointment.
26-4-22.
(a)
The board shall consist of seven members possessing the qualification specified
in subsection (a) of Code Section 26-4-21 and one additional member possessing
the qualifications specified in subsection (b) of Code Section 26-4-21 who shall
be appointed by the Governor for a term of five years or until their successors
are appointed and qualified. Pharmacist members shall represent a diversity of
practice settings and geographic dispersion of practitioners across the
state.
(b)
At the annual meeting of the Georgia Pharmacy Association, there may be
nominated by such licensed pharmacists as may be present three practicing
registered pharmacists who shall meet the qualifications imposed by subsection
(a) of Code Section 26-4-21 to fill the next vacancy occurring on the board,
except a vacancy in the consumer member position on
said
the
board, by reason of expiration of term. The secretary of
said
such
association may regularly submit to the Governor the names of the three
pharmacists so nominated and the Governor may make the appointment to fill such
vacancy from the names so submitted. Should any vacancy occur upon the board,
other than in the consumer member position on the board and other than by reason
of expiration of term, such vacancy may be filled by appointment by the Governor
for the unexpired term from a group of three practicing registered pharmacists
nominated as provided in this subsection at any regular or special meeting of
the Georgia Pharmacy Association.
(c)
The consumer member of the board shall also be appointed by the Governor. Such
member shall vote only on matters relating to administration and policy which do
not directly relate to practical and scientific examination of pharmacists for
licensing in Georgia. Vacancies occurring in the membership of the board
occupied by a consumer shall be filled by the Governor for the unexpired term of
office.
26-4-23.
Any
member who has failed to attend three consecutive regular monthly meetings of
the board for any reason other than illness of such member shall be subject to
removal by the Governor upon request of the board. The president of the board
shall notify the Governor in writing when any such member has failed to attend
three consecutive regular monthly meetings. Any member of the board may be
removed by the Governor as provided in Code Section 43-1-17.
26-4-24.
The
board shall meet at least annually to organize and elect a president and a
vice-president
vice
president from its members. The
division
director shall be the secretary of the board
and shall
have all the power, duties, and authority with reference to such board as shall
be prescribed by Chapter 1 of Title 43 and
shall perform such other duties as may be prescribed by the board.
All appeals
from the decision of the board, all documents or applications required by law to
be filed with the board, and any notice or legal process to be served upon the
board may be filed with or served upon the division director at his or her
office in the county of domicile of the professional licensing boards
division.
26-4-25.
Each
member of the board shall be reimbursed as provided for in subsection (f) of
Code Section 43-1-2.
26-4-26.
(a)
The board shall meet on a regular basis to transact its business. The board
shall meet at such additional times as it may determine. Such additional
meetings may be called by the president of the board or by at least two-thirds
of the members of the board.
(b)
Notice of all meetings of the board shall be given in the manner and pursuant to
requirements prescribed by Chapter 14 of Title 50 relating to open
meetings.
(c)
A majority of the members of the board shall constitute a quorum for the conduct
of a board meeting and, except where a greater number is required by this
chapter or
by any rule of the board, all actions of
the board shall be by a majority of a quorum.
(d)
All board meetings
and
hearings shall be open to the public. The
board may, in its discretion and according to law, conduct any portion of its
meeting in executive session closed to the public.
26-4-27.
The
licensing
board may establish such rules and regulations not inconsistent with this
chapter and as in its judgment will best carry out the requirements
thereof.
26-4-28.
(a)
The
board
director
shall have the power, duty, and authority for the
control and
regulation of
enforcement of
laws, rules, and regulations governing the
practice of pharmacy in the State of Georgia including, but not limited to, the
following:
(1)
The licensing by examination or by license transfer of applicants who are
qualified to engage in the practice of pharmacy under the provisions of this
chapter;
(2)
The renewal of licenses to engage in the practice of pharmacy;
(3)
The establishment and enforcement of compliance with professional standards and
rules of conduct of pharmacists engaged in the practice of
pharmacy;
(4)
The determination and issuance of standards for recognition and approval of
degree programs of schools and colleges of pharmacy whose graduates shall be
eligible for licensure in this state, and the specification and enforcement of
requirements for practical training including internship;
(5)(3)
The enforcement of those provisions of this chapter relating to the conduct or
competence of pharmacists practicing in this state and the suspension,
revocation, or restriction of licenses to engage in the practice of
pharmacy;
(6)(4)
The licensure and regulation of pharmacies and pharmacy interns;
(7)(5)(A)
The regulation of other employees in
the
prescription or pharmacy department, including but not limited
to the registration and regulation of
pharmacy technicians.
The board
shall be required to establish the minimum qualifications for the registration
of pharmacy technicians and shall be authorized to require the completion
of
The director
shall conduct a background check and
criminal history record check for each person applying for registration as a
pharmacy technician in this state. The certificate of registration, once
issued, may be valid for no more than two years and shall be renewable
biennially upon payment of a renewal fee and compliance with such other
conditions as the
licensing
board may establish by rule or regulation. The
board
director
shall be
authorized,
subject to the provisions of Code Section
43-1-3.1, to deny registration, to deny
renewal, or to revoke or suspend the registration of a pharmacy technician for
any of the grounds set forth in Code Section 26-4-60 or Code Section 43-1-19.
However,
said
the
denial of a technician application, denial of the renewal of a certificate, or
suspension or revocation of a technician registration shall not be considered a
contested case under Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act,' but
said
the
applicant or registrant shall be entitled to an appearance before the
licensing
board. The
board
director
shall be required to establish and maintain a registry of pharmacy technicians
in this state which contains the name and home address of each pharmacy
technician and his or her employer and location of employment. The
board
director
shall establish a process by which the pharmacist in charge of each pharmacy
shall provide updated information on the pharmacy technicians in the pharmacy.
The board
may establish and collect fees from pharmacy technicians, their employers, or
both for the registration of pharmacy technicians and maintenance of the
registry.
(B)(i)
In enforcing this paragraph, the
board
director
may, upon reasonable grounds, require a registrant or applicant to submit to a
mental or physical examination by licensed health care providers designated by
the
licensing
board. The results of such examination shall be admissible in any hearing
before the
licensing
board, notwithstanding any claim of privilege under a contrary rule of law or
statute, including, but not limited to, Code Section 24-9-21. Every person who
shall accept the privilege of practicing as a pharmacy technician in this state
or who shall file an application for a certificate of registration to practice
pharmacy in this state shall be deemed to have given his or her consent to
submit to such mental or physical examination and to have waived all objections
to the admissibility of the results in any hearing before the
licensing
board, upon the grounds that the same constitutes a privileged communication.
If a registrant or applicant fails to submit to such an examination when
properly directed to do so by the
board
director,
unless such failure was due to circumstances beyond his or her control, the
board
director
may enter a final order upon proper notice,
opportunity
for a hearing, and proof of such refusal.
Any registrant or applicant who is prohibited from practicing as a pharmacy
technician under this paragraph shall at reasonable intervals be afforded an
opportunity to demonstrate to the
board
director
that he or she can resume or begin practicing as a pharmacy technician with
reasonable skill and safety to patients.
(ii)
For the purposes of this paragraph, the
board
director
may, upon reasonable grounds, obtain any and all records relating to the mental
or physical condition of a registrant or applicant, including psychiatric
records; and such records shall be admissible in any hearing before the
licensing
board, notwithstanding any claim of privilege under a contrary rule of law or
statute, including, but not limited to, Code Section 24-9-21. Every person who
shall accept the privilege of practicing as a pharmacy technician in this state
or who shall file an application for a certificate of registration to practice
as a pharmacy technician in this state shall be deemed to have given his or her
consent to the
board's
director's
obtaining any such records and to have waived all objections to the
admissibility of such records in any hearing before the
licensing
board, upon the grounds that the same constitutes a privileged
communication.
(iii)
If any registrant or applicant could, in the absence of this paragraph, invoke a
privilege to prevent the disclosure of the results of the examination provided
for in division (i) of this subparagraph or the records relating to the mental
or physical condition of such registrant or applicant obtained pursuant to
division (ii) of this subparagraph, all such information shall be received by
the
licensing
board in camera and shall not be disclosed to the public, nor shall any part of
the record containing such information be used against any registrant or
applicant in any other type of proceeding;
(8)(6)
The collection of professional demographic data;
(9)(7)
The right to seize any such drugs and devices found by the
board
director
to constitute an imminent danger to the public health and welfare;
(10)
The establishment of minimum specifications for the physical facilities,
technical equipment, environment, supplies, personnel, and procedures for the
storage, compounding, and dispensing of such drugs or devices utilized within
the practice of pharmacy;
(11)
The establishment of minimum standards for the purity and quality of such drugs
utilized within the practice of pharmacy;
(12)
The establishment of minimum standards for the purity and quality of such
devices and other materials utilized within the practice of
pharmacy;
(12.1)(8)
The licensure for the use of remote automated medication
systems;
and the
regulation and establishment of minimum standards for the use and operation of
remote automated medication systems to ensure safe and efficient dispensing,
including, but not limited to, appropriate security measures, requirements for
skilled nursing facilities and hospices that utilize such systems, training
requirements, accuracy and quality assurance measures, recordkeeping
requirements, and such other appropriate requirements as determined by the
board. The board may establish rules and regulations to implement the
requirements of this paragraph.
(13)(9)
The issuance and renewal of licenses of all persons engaged in the manufacture
and distribution of drugs;
(14)(10)
The issuance and renewal of licenses of all persons engaged in the manufacture
and distribution of devices utilized within the practice of
pharmacy;
(15)(11)
The inspection of any licensed person at all reasonable hours for the purpose of
determining if any provisions of the laws governing the legal distribution of
drugs or devices or the practice of pharmacy are being violated. The
board and
its officers, agents, and designees
director
shall cooperate with all agencies charged with the enforcement of the laws of
the United States, of this state, and of all other states relating to drugs,
devices, and the practice of pharmacy;
(16)(12)
The investigation of alleged violations of this chapter or any other law in this
state pertaining to, or in connection with, persons or firms licensed by the
board or otherwise authorized by the laws of this state to manufacture, sell,
distribute, dispense, or possess drugs, medicines, poisons, cosmetics, or
devices, as related to misbranded or counterfeit drugs, or any rules and
regulations promulgated by the
licensing
board under this chapter; the conducting of investigative interviews or
full
licensing
board hearings, with or without the necessity of utilizing the Office of State
Administrative Hearings, in respect thereto when in its discretion it appears to
be necessary; and the bringing of such violations to the notice of the Attorney
General;
(17)
The listing at any time upon either a list under Article 3 of Chapter 13 of
Title 16, the 'Dangerous Drug Act,' or upon a schedule under Article 2 of
Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' of any drug
found to be potentially dangerous to public safety if dispensed without
prescription;
(18)(13)
The expunging of the pharmacy related practice record of any pharmacist whose
record consists of a sole sanction resulting from alcohol impairment and whose
pharmacy related practice record during a five-year time period dating from the
time of the sanction has incurred no additional charges or infractions;
and
(19)(14)
Restricting the inspection or examination of records or access to any area
licensed and under the control of any registrant, which has been issued a permit
by the
board
director,
to members
of the
licensing
board, agents for the Georgia Drugs and Narcotics Agency, the United States Drug
Enforcement Administration, the Georgia Department of Medical Assistance, or
other federal agencies or agencies of this state otherwise entitled to such
inspections or examinations by law, subpoena, or court order. This paragraph
specifically prohibits inspections or examinations of
board
registrants or any requirement which forces
board
registrants to allow inspection or examination, or both, of their records by
representatives for any nongovernment affiliated, private organization for any
purpose since the access of patient prescription records is restricted by this
chapter and access by such private organizations is unnecessary in that this
access only duplicates existing record-keeping and inspection requirements
already addressed by the laws and regulations of the
licensing
board and other government organizations. This restriction shall also prohibit
a private, nongovernment affiliated organization from examining or copying
continuing education certificates maintained by individual registrants. Nothing
in this paragraph shall prohibit the pharmacist in charge from voluntarily
allowing appropriate agencies and organizations to inspect or examine the
records and pharmacy area under the control of the pharmacist in charge provided
such inspections or examinations are for the purposes of ensuring the quality of
care provided to
patients;.
(a.1)
The licensing board shall have the power, duty, and authority for the control
and regulation of the practice of pharmacy in the State of Georgia including,
but not limited to, the following:
(1)
The establishment and enforcement of compliance with professional standards and
rules of conduct of pharmacists engaged in the practice of
pharmacy;
(2)
The determination and issuance of standards for recognition and approval of
degree programs of schools and colleges of pharmacy whose graduates shall be
eligible for licensure in this state, and the specification and enforcement of
requirements for practical training including internship;
(3)
The establishment of minimum qualifications for the registration of pharmacy
technicians and the completion of a background check and criminal history record
check for each person applying for registration as a pharmacy technician in this
state;
(4)
The establishment of minimum specifications for the physical facilities,
technical equipment, environment, supplies, personnel, and procedures for the
storage, compounding, and dispensing of such drugs or devices utilized within
the practice of pharmacy;
(5)
The establishment of minimum standards for the purity and quality of such drugs
utilized within the practice of pharmacy;
(6)
The establishment of minimum standards for the purity and quality of such
devices and other materials utilized within the practice of
pharmacy;
(7)
The regulation and establishment of minimum standards for the use and operation
of remote automated medication systems to ensure safe and efficient dispensing,
including, but not limited to, appropriate security measures, requirements for
skilled nursing facilities and hospices that utilize such systems, training
requirements, accuracy and quality assurance measures, recordkeeping
requirements, and such other appropriate requirements as determined by the
licensing board. The licensing board may establish rules and regulations to
implement the requirements of this paragraph;
(8)
The listing at any time upon either a list under Article 3 of Chapter 13 of
Title 16, the 'Dangerous Drug Act,' or upon a schedule under Article 2 of
Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' of any drug
found to be potentially dangerous to public safety if dispensed without
prescription;
(20)(9)
The requiring of background checks, including, but not limited to, criminal
history record checks, on any persons or firms applying for licensure or
registration pursuant to this chapter; and
(21)(10)
Serving as the sole governmental or other authority which shall have the
authority to approve or recognize accreditation or certification programs for
specialty pharmacy practice or to determine the acceptability of entities which
may accredit pharmacies or certify pharmacists in a specialty of pharmacy
practice, and the
licensing
board may require such accreditation or certification as a prerequisite for
specialty or advanced pharmacy practice. Such accreditation and certification
standards for specialties shall be set forth in rules promulgated by the
licensing
board with such rules to contain the required qualifications or limitations.
Any accreditation or certification for specialty pharmacy practice approved or
recognized by the
licensing
board shall be deemed sufficient to meet any and all standards, licensure, or
requirements, or any combination thereof, otherwise set forth by any private
entity or other government agency to satisfy its stated goals and standards for
such accreditation or certification. Nothing in this paragraph shall prohibit
private entities, government agencies, professional organizations, or
educational institutions from submitting accreditation or certification programs
for the review and potential approval or recognition by the
licensing
board. Accreditation and certification for specialty pharmacy practice under
this paragraph shall be subject to the following conditions:
(A)
Applications shall be submitted
to the
director as set forth in rules promulgated
or approved by the
licensing
board for accreditation or certification;
(B)
Only a pharmacist registered by this state and maintaining an active license in
good standing is eligible for certification in a specialty pharmacy practice by
the
board
director;
(C)
Only a pharmacy registered by this state and maintaining an active license in
good standing is eligible for accreditation for specialty pharmacy practice by
the
board
director;
(D)
Any
licensing
board approved or recognized accreditation for a specialty pharmacy practice of
a pharmacy is to be deemed sufficient and shall satisfy any standards or
qualifications required for payment of services rendered as set forth by any
insurance company, carrier, or similar third-party payor plan in any policy or
contract issued, issued for delivery, delivered, or renewed on or after July 1,
1999;
(E)
Any
licensing
board approved or recognized specialty certification issued to a pharmacist is
deemed sufficient and shall satisfy any standards or qualifications required for
payment of services rendered as set forth by any insurance company, carrier, or
similar third-party payor plan in any policy or contract issued, issued for
delivery, delivered, or renewed on or after July 1, 1999; and
(F)
The
board
director
may deny, revoke, limit, suspend, probate, or fail to renew the accreditation or
specialty certification of a pharmacy, pharmacist, or both for cause as set
forth in Code Section 26-4-60 or for a violation of Chapter 13 of Title 16 or if
the
board
director
determines that a pharmacy, pharmacist, or both, no longer meet the
accreditation or certification requirements of the
licensing
board. Before such action, the
board
director
shall serve upon the pharmacist in charge of a pharmacy or pharmacist an order
to show cause why accreditation or certification should not be denied, revoked,
limited, suspended, or probated or why the renewal should not be refused. The
order to show cause shall contain a statement for the basis therefor and shall
call upon the pharmacist in charge of a pharmacy, the pharmacist, or both, to
appear before the
licensing
board at a time and place not more than 60 days after the date of the service of
the order.
(b)
Proceedings by the
licensing
board in
the
exercise of its authority to cancel, suspend, or revoke any license issued under
the terms of this chapter
an appeal from
any action of the director shall be
conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.' In all such proceedings the
licensing
board shall have authority to compel the attendance of witnesses and the
production of any book, writing, or document upon the issuance of a subpoena
therefor signed by the
secretary
of the board
director.
In any hearing in which the fitness of a licensee or applicant to practice
pharmacy is in question, the
licensing
board may exclude all persons from its deliberation of the appropriate action to
be taken and may, when it deems it necessary, speak to a licensee or applicant
in private.
(c)
The
licensing
board shall have such other duties, powers, and authority as may be necessary to
the enforcement of this chapter and
the director
shall have the authority as is necessary
to the enforcement of
licensing
board rules made pursuant thereto which shall include, but are not limited to,
the following:
(1)
The board may join such professional organizations and associations organized
exclusively to promote the improvement of the standards of the practice of
pharmacy for the protection of the health and welfare of the public and whose
activities assist and facilitate the work of the board;
(2)(1)
The
board
director
may place under seal all drugs or devices that are owned by or in the
possession, custody, or control of a licensee at the time his or her license is
suspended or revoked or at the time the
board
director
refuses to renew his or her license. Except as otherwise provided in this Code
section, drugs or devices so sealed shall not be disposed of until appeal rights
under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' have
expired, or an appeal filed pursuant to such chapter has been determined. The
court involved in an appeal filed pursuant to such chapter may order the
board
director,
during the pendency of the appeal, to sell sealed drugs that are perishable.
The proceeds of such a sale shall be deposited with that court;
(3)(2)
Except as otherwise provided to the contrary, the
licensing
board shall exercise all of its duties, powers, and authority in accordance with
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';
(4)(3)
In addition to the fees specifically provided for in this chapter, the
licensing
board may assess additional reasonable fees for services rendered to carry out
its duties and responsibilities as required or authorized by this chapter or the
rules and regulations promulgated by the
licensing
board. Such services rendered shall include but not be limited to the
following:
(A)
Issuance of duplicate certificates or identification cards;
(B)
Certification of documents;
(C)
License transfer;
(D)
Examination administration to a licensure applicant; and
(E)
Examination materials; and
(5)(4)
Cost recovery.
(A)
For any order issued in resolution of a disciplinary proceeding before the
licensing
board, the
licensing
board may direct any licensee found guilty of a charge involving a violation of
any drug laws or rules to pay to the
board
director
a sum not to exceed the reasonable costs of the investigation and prosecution of
the case and, in any case, not to exceed $25,000.00. The costs to be assessed
shall be fixed by the
licensing
board and the costs so recovered shall be paid to the state treasury;
and
(B)
In the case of a pharmacy or wholesale distributor, the order issued may be made
to the corporate owner, if any, and to any pharmacist, officer, owner, or
partner of the pharmacy or wholesale distributor who is found to have had
knowledge of or have participated knowingly in one or more of the violations set
forth in this Code section.
Where
an order for recovery of costs is made and timely payment is not made as
directed in the
board's
director's
decision, the
board
director
may enforce the order for payment in the court in the county where the
administrative hearing was held. This right of enforcement shall be in addition
to any other rights the
board
director
may have as to any person directed to pay costs. In any action for recovery of
costs, proof of the
licensing
board's decision shall be conclusive proof of the validity of the order of
payment and the terms for payment.
26-4-29.
(a)
The agency created in 1908 as the Office of the Chief Drug Inspector and known
as the Georgia Drugs and Narcotics Agency since 1976 is continued in existence
as the Georgia Drugs and Narcotics Agency. This agency shall be a budget unit
as defined under Code Section 45-12-71; provided, however, that the agency shall
be assigned for administrative purposes only, as defined in Code Section 50-4-3,
to the office of the Secretary of State. The Georgia Drugs and Narcotics Agency
is authorized by this Code section to enforce the drug laws of this state. The
licensing
board shall appoint
a
an
agency director who shall be charged with
supervision and control of such agency. The agency shall employ the number of
personnel deemed necessary to properly protect the health, safety, and welfare
of the citizens of this state. Such personnel shall be pharmacists registered
in this state when employed as either special agents or the deputy
agency
director.
(b)
The
agency
director shall hold office at the pleasure of the
licensing
board, and should any vacancy occur in
said
such
office for any cause whatsoever,
said
the
licensing board shall appoint a successor
at a regular or called meeting. The
agency
director shall be a pharmacist registered in this state. The salary of the
agency
director shall be fixed by the
licensing
board. The whole time of the
agency
director shall be at the disposal of the
licensing
board. The
agency
director, or agency personnel acting on behalf of the
agency
director, shall have the duty and the power to:
(1)
Visit and inspect factories, warehouses, wholesaling establishments, retailing
establishments, chemical laboratories, and such other establishments in which
any drugs, devices, cosmetics, and such articles known as family remedies,
grocer's drugs, and toilet articles are manufactured, processed, packaged, sold
at wholesale, sold at retail, or otherwise held for introduction into
commerce;
(2)
Enter and inspect any vehicle used to transport or hold any drugs, devices,
cosmetics, or any of the articles listed in paragraph (1) of this
subsection;
(3)
Investigate alleged violations of laws and regulations regarding drugs, devices,
cosmetics, or any of the articles listed in paragraph (1) of this
subsection;
(4)
Take up samples of the articles listed in paragraph (1) of this subsection from
any of the
said
such
establishments for examination and analysis by the state chemist, or under such
person's direction and supervision, as provided by Code Section
26-4-131;
(5)
Seize and take possession of all articles which are declared to be contraband
under Chapter 13 of Title 16 and Chapter 3 of this title and this chapter and
deliver such articles to the agency;
(6)
Compel the attendance of witnesses and the production of evidence on behalf of
the
licensing
board via a subpoena issued by the
agency
director, when there is reason to believe any violations of laws or regulations
concerning drugs, devices, cosmetics, or any of the articles listed in paragraph
(1) of this subsection have occurred; and
(7)
Perform such other duties as may be directed by the
licensing
board.
(c)(1)
The
agency
director, deputy
agency
director, and special agents of the Georgia Drugs and Narcotics Agency shall
have the authority and power that sheriffs possess to make arrests of any
persons violating or charged with violating Chapter 13 of Title 16 and Chapter 3
of this title and this chapter. The deputy director and special agents shall be
required to be P.O.S.T. certified peace officers under Chapter 8 of Title 35,
the 'Georgia Peace Officer Standards and Training Act.'
(2)
In case of such arrest, the
agency
director, deputy
agency
director, or any of the special agents shall immediately deliver the person so
arrested to the custody of the sheriff of the county wherein the offense is
alleged to have been committed. The duty of the sheriff in regard to the person
delivered to the sheriff by any such person arrested under power of this Code
section shall be the same as if the sheriff had made the original
arrest.
(c.1)
When the deputy
agency
director or a special agent employed by the Georgia Drugs and Narcotics Agency
leaves the agency under honorable conditions after accumulating 25 years of
service in the agency, as a result of a disability arising in the line of duty,
or pursuant to approval by the
State Board
of Pharmacy
licensing
board, such
agency
director or agent shall be entitled to retain his or her weapon and badge
pursuant to approval by the
State Board
of Pharmacy
licensing
board, and, upon leaving the agency, the
director of the Georgia Drugs and Narcotics Agency shall retain his or her
weapon and badge pursuant to approval by the
State Board
of Pharmacy
licensing
board.
(d)
Except as otherwise provided in this chapter, upon receiving a summary report
from agency personnel, the
agency
director shall report to the
board
director
what have been determined to be violations of the drug laws and rules over which
the
licensing
board has authority. After such reports have been made to the
board
director,
the board
can
director
may instruct the
agency
director to:
(1)
Cite any such person or establishment to appear before the
cognizant
member of the board
director
for an investigative interview;
(2)
Forward such reports to the Attorney General's office for action decided on by
the
board
director;
or
(3)
Take whatever other action the
board
director
deems necessary.
(e)
The Georgia Drugs and Narcotics Agency shall compile and submit to the General
Assembly during each annual legislative session a list of known dangerous drugs
as defined in subsection (a) of Code Section 16-13-71 and any other drugs or
devices which the
licensing
board has determined may be dangerous or detrimental to the public health and
safety and should require a prescription, and the Georgia Drugs and Narcotics
Agency shall assist the
State Board
of Pharmacy
licensing
board during each annual legislative
session by compiling and submitting a list of substances to add to or reschedule
substances enumerated in the schedules in Code Sections 16-13-25 through
16-13-29 by using the guidelines set forth in Code Section
16-13-22.
(1)
The State
Board of Pharmacy
director
is authorized and directed to publish in print or electronically and distribute
the 'Dangerous Drug List' as prepared by the Georgia Drugs and Narcotics Agency
and the 'Georgia Controlled Substances Act' as enacted by law.
(2)
The Georgia
State Board of Pharmacy
licensing
board shall provide for a fee as deemed
reasonable or at no cost, such number of copies of the 'Dangerous Drug List' and
'Georgia Controlled Substances Act' to law enforcement officials, school
officials, parents, and other interested citizens as are required.
26-4-30.
This
chapter shall not be construed to prohibit the sale by general merchants or
other nonpharmacy retailers of nonprescription drugs when sold only in their
original and unbroken packages.
ARTICLE
3
26-4-40.
(a)
Except as otherwise provided in this chapter, it shall be unlawful for any
individual to engage in the practice of pharmacy unless currently licensed to
practice under the provisions of this chapter.
(b)
Practitioners authorized under the laws of this state to compound drugs and to
dispense drugs to their patients in the practice of their respective professions
shall not be required to be licensed under the provisions of this chapter;
however, practitioners shall meet the same standards, record-keeping
requirements, and all other requirements for the dispensing of drugs applicable
to pharmacists.
(c)
Any individual who, after
hearing,
shall be
notice and the
opportunity for a hearing as provided in Code Section 43-1-3.1,
is found by the
board
director
to have unlawfully engaged in the practice of pharmacy shall be subject to a
fine to be
established by
the licensing board and imposed by the
board
director
for each offense. Each violation of this chapter pertaining to unlawfully
engaging in the practice of pharmacy shall also constitute a felony punishable
upon conviction thereof by a fine of not less than $500.00 nor more than
$1,000.00 or by imprisonment for not less than two nor more than five years, or
both.
26-4-41.
(a)
Qualifications.
To obtain a license to engage in the practice of pharmacy, an applicant for
licensure by examination shall:
(1)
Have submitted an application in the form prescribed by the
licensing
board;
(2)
Have attained the age of majority;
(3)
Be of good moral character;
(4)
Have graduated and received a professional undergraduate degree from a college
or school of pharmacy as the same may be approved by the
licensing
board; provided, however, that, since it would be impractical for the
licensing
board to evaluate a school or college of pharmacy located in another country,
the
licensing
board may accept a graduate from such a school or college so long as the
graduate has completed all requirements of the Foreign Pharmacy Equivalency
Certification Program administered by the National Association of Boards of
Pharmacy. This shall include successful completion of all required examinations
and the issuance of the equivalency certificate and be based upon an individual
evaluation by the
board
director
of the applicant's educational experience, professional background, and
proficiency in the English language;
(5)
Have completed an internship or other program that has been approved by the
licensing
board or demonstrated to the
board's
director's
satisfaction that experience in the practice of pharmacy which meets or exceeds
the minimum internship requirements of the
licensing
board;
(6)
Have successfully passed an examination or examinations approved by the
licensing
board; and
(7)
Have paid the fees specified by the
licensing
board for the examination and any related materials and have paid for the
issuance of the license.
(b)
Examinations.
(1)
The examination for licensure required under paragraph (6) of subsection (a) of
this Code section shall be made available at least two times during each year.
The
licensing
board shall determine the content and subject matter of each examination, and
the director
shall determine the place, time, and date
of administration of the examination.
(2)
The examination shall be prepared to measure the competence of the applicant to
engage in the practice of pharmacy. The
board
director
may employ, cooperate, and contract with any organization or consultant in the
preparation and grading of an examination, but shall retain the sole discretion
and responsibility for determining which applicants have successfully passed
such an examination.
(3)
Any person who takes the
licensing
board approved examination and fails the examination may repeat the examination
at regular intervals of administration; however, a person shall not take the
examination more than three times without permission from the
board
director.
A person who has taken the
licensing
board approved examination and failed the examination for the third time shall
not practice as a pharmacy intern. A person who takes the
licensing
board approved examination and successfully completes the examination must
become licensed within two years of the examination date or the results of the
examination shall become invalid.
(c)
Internship and other
training programs.
(1)
All applicants for licensure by examination shall obtain practical experience in
the practice of pharmacy concurrent with or after college attendance or both
under such terms and conditions as the
licensing
board shall determine.
(2)
The
licensing
board shall establish such licensure requirements for interns and standards for
internship or any other experiential program necessary to qualify an applicant
for the licensure examination and shall also determine the qualifications of
preceptors used in practical experience programs.
26-4-42.
(a)
In order for a pharmacist currently licensed in another jurisdiction to obtain a
license as a pharmacist by license transfer in this state, an applicant
shall:
(1)
Complete and file a form applying for licensure with the
board,
director
which
form
shall include the applicant's name, address, and other such information as
prescribed by the
licensing
board, and, after an investigation by agents acting on behalf of the
board
director,
if so requested by the
board
director,
produce evidence satisfactory to the
board
director
which shows the applicant has the age, moral character, background, education,
and experience demanded of applicants for registration by examination under this
chapter and by the rules and regulations promulgated under this
chapter;
(2)
Have attained the age of majority;
(3)
Be of good moral character;
(4)
Have possessed at the time of initial licensure as a pharmacist all
qualifications necessary to have been eligible for licensure at that time in
this state;
(5)
Have presented to the
board
director
proof of initial licensure by examination and proof that such license is in good
standing;
(6)
Have presented to the
board
director
proof that any other license granted to the applicant by any other state has not
been suspended, revoked, or otherwise restricted for any reason except
nonrenewal or for the failure to obtain the required continuing education
credits in any state where the applicant is currently licensed but not engaged
in the practice of pharmacy;
(7)
Have successfully passed an examination by the
board
director
on Georgia pharmacy law and
licensing
board regulations; and
(8)
Have paid the fees specified by the
licensing
board.
(b)
No applicant shall be eligible for license transfer unless the state in which
the applicant was licensed as a pharmacist also grants licensure transfer to
pharmacists duly licensed by examination in this state under like circumstances
and conditions.
(c)
To obtain a license to engage in the practice of pharmacy in this state, a
pharmacist who is a graduate of a pharmacy school or college located in another
country must complete all requirements of the Foreign Pharmacy Equivalency
Certification Program administered by the National Association of Boards of
Pharmacy. This shall include without being limited to successful completion of
all required examinations, the issuance of the equivalency certificate, and an
individual evaluation by the
board
director
of the applicant's proficiency in the English language. Additionally, a foreign
pharmacy graduate applicant shall:
(1)
Have submitted an application in the form prescribed by the
licensing
board;
(2)
Have attained the age of majority;
(3)
Be of good moral character;
(4)
Have possessed at the time of initial licensure as a pharmacist all
qualifications necessary to have been eligible for licensure at that time in
this state;
(5)
Have graduated and been granted a pharmacy degree from a college or school of
pharmacy recognized by the National Association of Boards of Pharmacy Foreign
Pharmacy Graduate Examination Committee;
(6)
Have successfully passed an examination approved by the
licensing
board; and
(7)
Have paid the fees specified by the
licensing
board.
26-4-43.
A
temporary license may be issued by the
division
director
upon the
approval of the president of the board if
an applicant produces satisfactory evidence of fulfilling the requirements for
licensure under this article, except the examination requirement, and evidence
of an emergency situation justifying such temporary license.
All
temporary licenses shall expire at the end of the month during which the first
board meeting is conducted following the issuance of such license and may not be
reissued or renewed.
26-4-44.
(a)
Each pharmacist shall apply for renewal of his or her license biennially
pursuant to the rules and regulations promulgated by the
licensing
board. A pharmacist who desires to continue in the practice of pharmacy in this
state shall file with the
board
director
an application in such form and containing such data as the
licensing
board may require for renewal of the license. Notice of any change of
employment or change of business address shall be filed with the
division
director within ten days after such change. If the
board
director
finds that the applicant has been licensed and that such license has not been
revoked or placed under suspension and that the applicant has paid the renewal
fee, has continued his or her pharmacy education in accordance with Code Section
26-4-45 and the rules and regulations of the
licensing
board, and is entitled to continue in the practice of pharmacy, then the
board
director
shall issue a license to the applicant.
(b)
If a pharmacist fails to make application to the
board
director
for renewal of his or her license as set forth in and in accordance with the
provisions of this chapter, the pharmacist must apply for reinstatement pursuant
to the rules of the
licensing
board.
26-4-44.1.
(a)
The
licensing
board shall provide by rule for an inactive pharmacist license status for those
individuals who elect to apply for such status. Persons who are granted
inactive status shall be exempt from the requirements of continuing
pharmaceuticals education.
(b)
The
licensing
board shall provide by rule for reactivation of a pharmacist license for those
persons who wish to have an active license. Such individuals must first file a
reactivation application with the
board
director
and comply with the requirements for reactivation as set forth by
licensing
board rule.
26-4-44.2.
(a)
As used in this Code section, the term 'service member' means an active duty
member of the regular or reserve component of the United States Armed forces,
the United States Coast Guard, the Georgia National Guard, or the Georgia Air
National Guard who was on ordered federal duty for a period of 90 days or
longer.
(b)
Any service member whose license issued pursuant to this article expired while
such service member was serving on active duty outside the state shall be
permitted to practice pharmacy in accordance with such expired license and shall
not be charged with a violation of this chapter related to practicing pharmacy
with an expired license for a period of six months from the date of his or her
discharge from active duty or reassignment to a location within the state. Any
such service member shall be entitled to renew such expired license without
penalty within six months after the date of his or her discharge from active
duty or reassignment to a location within the state. The service member must
present to the
board
director
either a copy of the official military orders or a written verification signed
by the service member's commanding officer to waive any charges.
26-4-45.
The
licensing
board shall establish a program of continuing professional pharmaceutical
education for the renewal of pharmacist licenses. Notwithstanding any other
provision of this chapter, no pharmacist license shall be renewed by the
board or
the division director until the pharmacist
submits to the
board
director
satisfactory proof of his or her participation, during the biennium preceding
his or her application for renewal, in a minimum of 30 hours of approved
programs of continuing professional pharmacy education as defined in this Code
section. Continuing professional pharmacy education shall consist of
educational programs providing training pertinent to the practice of pharmacy
and approved by the
licensing
board under this Code section. The
licensing
board shall approve educational programs for persons practicing pharmacy in this
state on a reasonable nondiscriminatory fee basis and may contract with
institutions of higher learning, professional organizations, or qualified
individuals for the providing of approved programs. In addition to such
programs, the
licensing
board shall allow the continuing professional pharmacy education requirement to
be fulfilled by the completion of approved correspondence courses which provide
the required hours of approved programs of continuing professional
pharmaceutical education or to be fulfilled by a combination of approved
correspondence courses and other approved educational programs. The
licensing
board may, consistent with the requirements of this Code section, promulgate
rules and regulations to implement and administer this Code section, including
the establishment of a committee to prescribe standards, approve and contract
for educational programs, and set the required minimum number of hours per
year.
26-4-46.
(a)
To obtain a license as a pharmacy intern, an applicant shall:
(1)
Have submitted an application in the form prescribed by the
licensing
board of
pharmacy;
(2)
Have attained the age of majority;
(3)
Be of good moral character; and
(4)
Have paid the fees specified by the
licensing
board for the issuance of the license.
(b)
The following individuals shall be eligible to be licensed as a pharmacy
intern:
(1)
A student who is currently enrolled in an approved school or college of
pharmacy;
(2)
An individual who is a graduate of an approved school or college of pharmacy who
is currently licensed by the
board
director
for the purpose of obtaining practical experience as a requirement for licensure
as a pharmacist; or
(3)
An individual who does not meet the requirements of paragraphs (1) and (2) of
this subsection and is a graduate of a pharmacy school or college located in
another country but who has completed all requirements of the Foreign Pharmacy
Equivalency Certification Program administered by the National Association of
Boards of Pharmacy. This shall include without being limited to successful
completion of all required examinations, the issuance of the equivalency
certificate, and an individual evaluation by the
board
director
of the applicant's proficiency in the English language.
(c)
The
licensing
board shall approve all internship programs for the purpose of providing the
practical experience necessary for licensure as a pharmacist. A pharmacy intern
is authorized to engage in the practice of pharmacy under the supervision of a
pharmacist. The
licensing
board shall adopt rules regarding the licensure of interns and the standards for
internship programs.
26-4-47.
(a)
Licenses issued under Code Section 26-4-46 shall bear the date of issuance and
shall be valid for up to five years. Unless
said
such
license is renewed by the
board
director,
the license shall expire.
(b)
Any license issued pursuant to Code Section 26-4-46 shall expire at the time a
pharmacy intern
withdraws
or is expelled, suspended,
or
dismissed,
or withdraws from an approved school or
college of pharmacy or is otherwise licensed as a pharmacist pursuant to this
title.
(c)
Any license issued pursuant to Code Section 26-4-46 shall expire upon
notification that a person has taken and failed the
licensing
board examination for the third time.
26-4-48.
Licenses
issued pursuant to Code Section 26-4-46 which
shall
expire by lapse of time may be renewed upon application, unless, at the time of
expiration, there
shall
be
is
pending action before the
licensing
board or the
director to suspend or revoke such
license.
26-4-49.
(a)
Every person, firm, corporation, agency, department, or other entity located
within this state which handles, possesses, or utilizes controlled substances or
dangerous drugs, as defined in Chapter 13 of Title 16, for the purposes of
conducting research, analysis, animal training, or drug education, as such
purposes may be further defined by the
licensing
board, and is not otherwise registered as a pharmacist, pharmacy, drug
wholesaler, distributor, supplier, or practitioner shall biennially register
with the
State Board
of Pharmacy
director
for a drug researcher permit which shall entitle the holder thereof to purchase,
receive, possess, or dispose of such controlled substances and dangerous drugs
for such purposes. In applying for the permit:
(1)
The application for registration shall be made on a form to be prescribed
by the
licensing board and furnished by
said
board
the
director and shall show at a minimum the
name of the person responsible for filing the application, the name of the
applying firm, corporation, agency, department, or other entity, if applicable,
the address where the controlled substances or dangerous drugs will be kept
secured and can be inspected by the
board
director,
together with such other information as may be required by the
licensing
board;
(2)
The person filing the application for the permit shall be the responsible person
for the safe and proper storage and accountability, as defined under Chapter 13
of Title 16, for any and all controlled substances and dangerous drugs. Such
person shall be responsible for maintaining exact and accurate records regarding
the purchase, receipt, utilization, and disposal of all controlled substances
and dangerous drugs utilized for purposes granted by this permit. All records
must be maintained for a minimum of two years
and be
readily available for inspection by agents of the
board; and
(3)
Before approval by the
board
director
for any permit issued under this Code section, the application for registration
must successfully undergo a thorough investigation by
agents of
the board
the
director to ensure the applicant complies
with all applicable laws, rules, and regulations pursuant to handling controlled
substances and dangerous drugs as defined under Chapter 13 of Title
16.
(b)
The
licensing
board may require that the application for registration as a drug researcher be
accompanied by a fee in an amount established under rules promulgated by the
licensing
board, and the
licensing
board may establish conditions for exemptions from such fees. Such registration
shall not be transferable and shall expire on the expiration date established by
the
division
director and may be renewed pursuant to rules and regulations promulgated by the
licensing
board. If not renewed, the registration shall lapse and become null and
void.
(c)
The
licensing
board shall have the authority to promulgate rules and regulations governing the
holder of a drug researcher permit as defined under this Code
section.
(d)
A drug researcher permit
may, subject
to the provisions of Code Section
43-1-3.1, be suspended or revoked or the
registrant may be reprimanded, fined, or placed on probation by the
board
director
if the registrant fails to comply with all applicable local, state, or federal
laws, rules, and regulations.
(e)
A holder of a drug researcher permit who is not also licensed as a pharmacist
practicing in a duly licensed pharmacy shall not engage in the sale,
distribution, or dispensing of controlled substances or dangerous
drugs.
(f)
Any person, firm, or corporation which violates any provision of this Code
section shall be guilty of a felony and, upon conviction thereof, be punished by
imprisonment for not less than one year nor more than five years or by a fine
not to exceed $10,000.00 or both.
26-4-50.
(a)
No pharmacist shall be authorized to modify drug therapy pursuant to Code
Section 43-34-24 unless that pharmacist:
(1)
Is licensed to practice as a pharmacist in this state;
(2)
Has successfully completed a course of study regarding modification of drug
therapy and approved by the
licensing
board;
(3)
Annually successfully completes a continuing education program regarding
modification of drug therapy and approved by the
licensing
board; and
(4)
Is certified by the
board
director
as meeting the requirements of paragraphs (1) through (3) of this
subsection.
(b)
Nothing in this Code section shall be construed to expand or change any existing
authority for a pharmacist to substitute drugs.
ARTICLE
4
26-4-60.
(a)
The board
of pharmacy
director,
subject to the provisions of Code Section
43-1-3.1, may refuse to issue or renew, or
may suspend, revoke, or restrict the licenses of, or fine any person pursuant to
the procedures set forth in this Code section, upon one or more of the following
grounds:
(1)
Unprofessional conduct as that term is defined by the rules of the
licensing
board;
(2)
Incapacity that prevents a licensee from engaging in the practice of pharmacy
with reasonable skill, competence, and safety to the public;
(3)
Being guilty of one or more of the following:
(A)
A felony;
(B)
Any act involving moral turpitude; or
(C)
Violations of the pharmacy or drug laws of this state, or rules and regulations
pertaining thereto, or of laws, rules, and regulations of any other state, or of
the federal government;
(4)
Misrepresentation of a material fact by a licensee in securing the issuance or
renewal of a license;
(5)
Engaging or aiding and abetting an individual to engage in the practice of
pharmacy without a license falsely using the title of 'pharmacist' or 'pharmacy
intern,' or falsely using the term 'pharmacy' in any manner;
(6)
Failing to pay the costs assessed in a disciplinary hearing pursuant to
subsection (c) of Code Section 26-4-28;
(7)(A)
Becoming unfit or incompetent to practice pharmacy by reason of:
(i)
Intemperance in the use of alcoholic beverages, narcotics, or habit-forming
drugs or stimulants; or
(ii)
Any abnormal physical or mental condition which threatens the safety of persons
to whom such person may compound or dispense prescriptions, drugs, or devices or
for whom he or she might manufacture, prepare, or package or supervise the
manufacturing, preparation, or packaging of prescriptions, drugs, or
devices.
(B)
In enforcing this paragraph, the
board
director
may, upon reasonable grounds, require a licensee or applicant to submit to a
mental or physical examination by licensed health care providers designated by
the
licensing
board. The results of such examination shall be admissible in any hearing
before the
licensing
board, notwithstanding any claim of privilege under a contrary rule of law or
statute, including, but not limited to, Code Section 24-9-21. Every person who
shall
accept
accepts
the privilege of practicing pharmacy in this state or who shall file an
application for a license to practice pharmacy in this state shall be deemed to
have given his or her consent to submit to such mental or physical examination
and to have waived all objections to the admissibility of the results in any
hearing before the
licensing
board, upon the grounds that the same constitutes a privileged communication.
If a licensee or applicant fails to submit to such an examination when properly
directed to do so by the
board
director,
unless such failure was due to circumstances beyond his or her control, the
board
director
may enter a final order upon proper notice
and the
opportunity for a hearing as provided in Code Section
43-1-3.1, hearing, and proof of such
refusal. Any licensee or applicant who is prohibited from practicing pharmacy
under this paragraph shall at reasonable intervals be afforded an opportunity to
demonstrate to the
board
director
that he or she can resume or begin the practice of pharmacy with reasonable
skill and safety to patients.
(C)
For the purposes of this paragraph, the
board
director
may, upon reasonable grounds, obtain any and all records relating to the mental
or physical condition of a licensee or applicant, including psychiatric records;
and such records shall be admissible in any hearing before the
licensing
board, notwithstanding any claim of privilege under a contrary rule of law or
statute, including, but not limited to, Code Section 24-9-21. Every person who
shall accept the privilege of practicing pharmacy in this state or who shall
file an application for a license to practice pharmacy in this state shall be
deemed to have given his or her consent to the
board's
director's
obtaining any such records and to have waived all objections to the
admissibility of such records in any hearing before the
licensing
board, upon the grounds that the same constitutes a privileged
communication.
(D)
If any licensee or applicant could, in the absence of this paragraph, invoke a
privilege to prevent the disclosure of the results of the examination provided
for in subparagraph (B) of this paragraph or the records relating to the mental
or physical condition of such licensee or applicant obtained pursuant to
subparagraph (C) of this paragraph, all such information shall be received by
the
licensing
board or the
director in camera and shall not be
disclosed to the public, nor shall any part of the record containing such
information be used against any licensee or applicant in any other type of
proceeding;
(8)
Being adjudicated to be mentally ill or insane;
(9)
Violating any rules and regulations promulgated by the
licensing
board;
(10)
Promoting to the public in any manner a drug which may be dispensed only
pursuant to prescription;
(11)
Regularly employing the mails or other common carriers to sell, distribute, and
deliver a drug which requires a prescription directly to a patient; provided,
however, that this provision shall not prohibit the use of the mails or other
common carriers to sell, distribute, and deliver a prescription drug directly
to:
(A)
A patient or directly to a patient's guardian or caregiver or a physician or
physician acting as the patient's agent for whom the prescription drug was
prescribed if:
(i)
Such prescription drugs are prescribed for complex chronic, terminal, or rare
conditions;
(ii)
Such prescription drugs require special administration, comprehensive patient
training, or the provision of supplies and medical devices or have unique
patient compliance and safety monitoring requirements;
(iii)
Due to the prescription drug's high monetary cost, short shelf life, special
manufacturer specified packaging and shipping requirements or instructions which
require temperature sensitive storage and handling, limited availability or
distribution, or other factors, the drugs are not carried in the regular
inventories of retail pharmacies such that the drugs could be immediately
dispensed to multiple retail walk-in patients;
(iv)
Such prescription drug has an annual retail value to the patient of more than
$10,000.00;
(v)
The patient receiving the prescription drug consents to the delivery of the
prescription drug via expedited overnight common carrier and designates the
specialty pharmacy to receive the prescription drug on his or her
behalf;
(vi)
The specialty pharmacy utilizes, as appropriate and in accordance with standards
of the manufacturer, United States Pharmacopeia, and Federal Drug Administration
and other standards adopted by the
State Board
of Pharmacy
licensing
board, temperature tags, time temperature
strips, insulated packaging, or a combination of these; and
(vii)
The specialty pharmacy establishes and notifies the enrollee of its policies and
procedures to address instances in which medications do not arrive in a timely
manner or in which they have been compromised during shipment and to assure that
the pharmacy replaces or makes provisions to replace such drugs; or
(B)
An institution or to sell, distribute, or deliver prescription drug refills,
upon his or her request, to an enrollee in a health benefits plan of a group
model health maintenance organization or its affiliates by a pharmacy which is
operated by that same group model health maintenance organization and licensed
under Code Section 26-4-110. Any pharmacy using the mails or other common
carriers to dispense prescriptions pursuant to this paragraph shall comply with
the following conditions:
(i)
The pharmacy shall provide an electronic, telephonic, or written communications
mechanism which reasonably determines whether the medications distributed by the
mails or other common carriers have been received by the enrollee and through
which a pharmacist employed by the group model health maintenance organization
or a pharmacy intern under his or her direct supervision is enabled to offer
counseling to the enrollee as authorized by and in accordance with his or her
obligations under Code Section 26-4-85, unless the enrollee refuses such
consultation or counseling pursuant to subsection (e) of such Code section. In
addition, the enrollee shall receive information indicating what he or she
should do if the integrity of the packaging or medication has been compromised
during shipment;
(ii)
In accordance with clinical and professional standards, the
State Board
of Pharmacy
licensing
board shall promulgate a list of
medications which may not be delivered by the mails or other common carriers.
However, until such list is promulgated, the group model health maintenance
organization shall not deliver by use of the mails or other common carriers
Class II controlled substance medications, medications which require
refrigeration, chemotherapy medications deemed by the federal Environmental
Protection Agency as dangerous, medications in suppository form, and other
medications which, in the professional opinion of the dispensing pharmacist, may
be clinically compromised by distribution through the mail or other common
carriers;
(iii)
The pharmacy shall utilize, as appropriate and in accordance with standards of
the manufacturer, United States Pharmacopeia, and Federal Drug Administration
and other standards adopted by the
State Board
of Pharmacy
licensing
board, temperature tags, time temperature
strips, insulated packaging, or a combination of these; and
(iv)
The pharmacy shall establish and notify the enrollee of its policies and
procedures to address instances in which medications do not arrive in a timely
manner or in which they have been compromised during shipment and to assure that
the pharmacy replaces or makes provisions to replace such drugs.
For
purposes of subparagraph (B) of this paragraph, the term 'group model health
maintenance organization' means a health maintenance organization that has an
exclusive contract with a medical group practice to provide or arrange for the
provision of substantially all physician services to enrollees in health
benefits plans of the health maintenance organization;
(12)
Unless otherwise authorized by law, dispensing or causing to be dispensed a
different drug or brand of drug in place of the drug or brand of drug ordered or
prescribed without the prior authorization of the practitioner ordering or
prescribing the same;
(13)
Violating or attempting to violate a statute, law,
or
any lawfully promulgated rule or regulation of this state, any other state, the
licensing
board, the United States, or any other lawful authority without regard to
whether the violation is criminally
punishable,
which
when
such statute, law, rule, or regulation
relates to or in part regulates the practice of
pharmacy,
and
when the licensee or applicant knows or should know that such action
is
violative of
violates
such statute, law, or rule; or violating either a public or confidential lawful
order of the
licensing
board or the
director previously entered by the
licensing
board or the
director in a disciplinary hearing,
consent decree, or license reinstatement; or
(14)
Having his or her license to practice pharmacy revoked, suspended, or annulled
by any lawful licensing authority of this or any other state, having
disciplinary action taken against him or her by any lawful licensing authority
of this or any other state, or being denied a license by any lawful licensing
authority of this or any other state.
(b)
The
licensing
board or the
director shall have the power to suspend
or revoke the license of the pharmacist in charge when a complete and accurate
record of all controlled substances on hand, received, manufactured, sold,
dispensed, or otherwise disposed of has not been kept by the pharmacy in
conformance with the record-keeping and inventory requirements of federal law
and the rules of the
licensing
board.
(c)
Any person whose license to practice pharmacy in this state has been suspended,
revoked, or restricted pursuant to this chapter, whether voluntarily or by
action of the board, shall have the right, at reasonable intervals, to petition
the
board
director
for reinstatement of such license pursuant to rules and regulations promulgated
by the
licensing
board. Such petition shall be made in writing and in the form prescribed by the
licensing
board. The
board
director
may, in
its
his or
her discretion, grant or deny such
petition, or
it
the
director may modify
it's
the original finding to reflect any
circumstances which have changed sufficiently to warrant such
modifications.
(d)
Nothing in this Code section shall be construed as barring criminal prosecutions
for violations of this chapter.
(e)
All final decisions by the
licensing
board or the
director shall be subject to
judicial
administrative
review pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'
(f)
Any individual or entity whose license to practice pharmacy is revoked,
suspended, or not renewed shall return his or her license to the
offices of
the board
director
within ten days after receipt of notice of such action.
(g)
For purposes of this Code section, a conviction shall include a finding or
verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal
proceeding, regardless of whether the adjudication of guilt or sentence is
withheld or not entered thereon.
(h)
Nothing in this Code section shall be construed as barring or prohibiting
pharmacists from providing or distributing health or drug product information or
materials to patients which are intended to improve the health care of
patients.
(i)
The
board
director
shall have the power to suspend any license issued under Article 3 of this
chapter when such holder is not in compliance with a court order for child
support as provided in Code Section 19-6-28.1 or 19-11-9.3. The
board
director
shall also have the power to deny the application for issuance or renewal of a
license under Article 3 of this chapter when such applicant is not in compliance
with a court order for child support as provided in either of such Code
sections. The hearings and appeals procedures provided for in such Code
sections shall be the only such procedures required to suspend or deny any
license issued under Article 3 of this chapter.
(j)
Nothing in this chapter shall prohibit any person from assisting any duly
licensed pharmacist or practitioner in the measuring of quantities of medication
and the typing of labels therefor, but excluding the dispensing, compounding, or
mixing of drugs, provided that such duly licensed pharmacist or practitioner
shall be physically present in the dispensing area and actually observing the
actions of such person in doing such measuring and typing, and provided,
further, that no prescription shall be given to the person requesting the same
unless the contents and the label thereof shall have been verified by a licensed
pharmacist or practitioner.
(k)
The
board
director
shall have the power to suspend any license issued under Article 3 of this
chapter when such holder is a borrower in default who is not in satisfactory
repayment status as provided in Code Section 20-3-295. The
board
director
shall also have the power to deny the application for issuance or renewal of a
license under Article 3 of this chapter when such applicant is a borrower in
default who is not in satisfactory repayment status as provided in Code Section
20-3-295. The hearings and appeals procedures provided for in Code Section
20-3-295 shall be the only such procedures required to suspend or deny any
license issued under Article 3 of this chapter.
26-4-61.
(a)
The provisions of
subsection
(c) of Code Section
50-13-18
43-1-3.1
with respect to emergency action by a professional licensing board and summary
suspension of a license are adopted and incorporated by reference into this Code
section.
(b)
Whenever a notice of summary suspension, notice of hearing, initial or
recommended decision, or final decision of the
licensing
board or the
director in a disciplinary proceeding is
docketed, it shall be personally served upon the licensee or applicant or served
by certified mail or statutory overnight delivery, return receipt requested, to
the last known address of record with the
board
director.
If such material is served by certified mail or statutory overnight delivery and
is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if
the licensee or applicant cannot, after reasonable effort, be located, the
director
for the
board shall be deemed to be the agent for
service for such licensee or applicant for purposes of this Code section and
service upon the director shall be deemed to be service upon the licensee or
applicant.
(c)
If any licensee or applicant after reasonable notice fails to appear at any
hearing of the
licensing
board for that licensee or applicant, the
licensing
board may proceed to hear the evidence against such licensee or applicant and
take action as if such licensee or applicant had been present.
26-4-62.
Except
as otherwise provided in this chapter or in Chapter 13 of Title 16, any
violation of this chapter shall constitute a misdemeanor.
ARTICLE
5
26-4-80.
(a)
All persons engaging in the practice of pharmacy in this state must be licensed
by the
board
director.
(b)
Prescription drugs shall be dispensed only pursuant to a valid prescription drug
order. A pharmacist shall not dispense a prescription which the pharmacist
knows or should know is not a valid prescription.
(c)
A prescription drug order may be accepted by a pharmacist or pharmacy intern or
extern in written form, orally, via an electronic visual image prescription drug
order, or via an electronic data prescription drug order as set forth in this
chapter or as set forth in regulations promulgated by the
licensing
board. Provisions for accepting a prescription drug order for a Schedule II
controlled substance are set forth in subsection (l) of this Code section, the
licensing
board's regulations, or the regulations of the United States Drug Enforcement
Administration in 21 C.F.R. 1306. Electronic prescription drug orders shall
either be an electronic visual image of a prescription drug order or an
electronic data prescription drug order and shall meet the requirements set
forth in regulations promulgated by the
licensing
board. A hard copy prescription prepared by a practitioner or a practitioner's
agent, which bears an electronic visual image of the practitioner's signature
and is not sent by facsimile, must be printed on security paper. Prescriptions
transmitted either electronically or via facsimile shall meet the following
requirements:
(1)
Electronically transmitted prescription drug orders shall be transmitted by the
practitioner or, in the case of a prescription drug order to be transmitted via
facsimile, by the practitioner or the practitioner's agent under supervision of
the practitioner, to the pharmacy of the patient's choice with no intervening
person or intermediary having access to the prescription drug order. For
purposes of this paragraph, 'intervening person or intermediary' shall not
include a person who electronically formats or reconfigures data or information
for purposes of integrating into and between computer or facsimile systems of
practitioners and pharmacists;
(2)
Prescription drug orders transmitted by facsimile or computer shall
include:
(A)
In the case of a prescription drug order for a dangerous drug, the complete name
and address of the practitioner;
(B)
In the case of a prescription drug order for a controlled substance, the
complete name, address, and DEA registration number of the
practitioner;
(C)
The telephone number of the practitioner for verbal confirmation;
(D)
The name and address of the patient;
(E)
The time and date of the transmission;
(F)
The full name of the person transmitting the order; and
(G)
The signature of the practitioner in a manner as defined in regulations
promulgated by the
licensing
board or, in the case of a controlled substances prescription, in accordance
with 21 C.F.R. 1301.22;
(3)
An electronically transmitted, issued, or produced prescription drug order which
meets the requirements of this Code section shall be deemed the original
order;
(4)
The pharmacist shall exercise professional judgment regarding the accuracy and
authenticity of any electronically transmitted, issued, or produced prescription
drug order consistent with federal and state laws and rules and regulations
adopted pursuant to the same;
(5)
An electronically encrypted, issued, or produced prescription drug order
transmitted from a practitioner to a pharmacist shall be considered a highly
confidential transaction and
the
said
such
transmission, issuance, or production shall not be compromised by unauthorized
interventions, control, change, altering, manipulation, or accessing patient
record information by any other person or party in any manner whatsoever between
the time after the practitioner has electronically transmitted, issued, or
produced a prescription drug order and such order has been received by the
pharmacy of the patient's choice. For purposes of this paragraph, 'unauthorized
interventions, control, change, altering, manipulation, or accessing patient
record information' shall not include electronic formatting or reconfiguring of
data or information for purposes of integrating into and between computer or
facsimile systems of practitioners and pharmacists;
(6)
Any pharmacist
that
who
transmits, receives, or maintains any prescription or prescription refill either
orally, in writing, or electronically shall ensure the security, integrity, and
confidentiality of the prescription and any information contained therein;
and
(7)
The
licensing
board shall promulgate rules and regulations which may provide specific
exceptions under this Code section for institutional settings such as hospital
pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or
operated directly by health maintenance organizations.
(d)
Information contained in the patient medication record or profile shall be
considered confidential information as defined in this title. Confidential
information may be released to the patient or the patient's authorized
representative, the prescriber or other licensed health care practitioners then
caring for the patient, another licensed pharmacist,
or
the board
or its representative, or any other person duly authorized to receive such
information
director.
In accordance with Code Section 24-9-40, confidential information may be
released to others only on the written release of the patient, court order, or
subpoena.
(e)
Except as authorized under subsection (j) of this Code section, a prescription
may not be refilled without authorization. When refills are dispensed pursuant
to authorization contained on the original prescription or when no refills are
authorized on the original prescription but refills are subsequently authorized
by the practitioner, the refill authorization shall be recorded on the original
prescription document and the record of any refill made shall be maintained on
the back of the original prescription document or on some other uniformly
maintained record and the dispensing pharmacist shall record the date of the
refill, the quantity of the drug dispensed, and the dispensing pharmacist's
initials; provided, however, that an original prescription for a Schedule III,
IV, or V controlled substance which contains no refill information may not be
authorized to be refilled more than five times or after six months from the date
of issuance, whichever occurs first. Authorization for any additional refill of
a Schedule III, IV, or V controlled substance prescription in excess of five
refills or after six months from the date of issuance of the prescription shall
be treated as a new prescription.
(f)
When filling a prescription or refilling a prescription which may be refilled,
the pharmacist shall exercise professional judgment in the matter. No
prescription shall be filled or refilled with greater frequency than the
approximate interval of time that the dosage regimen ordered by the prescriber
would indicate, unless extenuating circumstances are documented which would
justify a shorter interval of time before the filling or refilling of the
prescription.
(g)
The pharmacist who fills or refills a prescription shall record the date of
dispensing and indicate the identity of the dispensing pharmacist on the
prescription document or some other appropriate and uniformly maintained record.
If this record is maintained on the original prescription document, the original
dispensing and any refills must be recorded on the back of the
prescription.
(h)
When the patient no longer seeks personal consultation or treatment from the
practitioner, the practitioner and patient relationship is terminated. A
prescription becomes invalid after the practitioner and patient relationship is
terminated which is defined as a reasonable period of time not to exceed six
months in which the patient could have established a new practitioner and
patient relationship as established by the
licensing
board through the promulgation of rules and regulations.
(i)
All prescription drug orders must bear the signature of the prescribing
practitioner as defined in Code Section 16-13-21. Physician assistants must
comply with all applicable laws regarding signatures. Further, the nature of
such signature must meet the requirements set forth in regulations promulgated
by the
licensing
board. A physically applied signature stamp is not acceptable in lieu of an
original signature. Except as otherwise provided for in this subsection, when
an oral prescription drug order or the oral authorization for the refilling of a
prescription drug order is received which has been transmitted by someone other
than the practitioner, the name of the individual making the transmission and
the date, time, and location of the origin of the transmission must be recorded
on the original prescription drug order or other record by the pharmacist
receiving the transmission. No one other than the practitioner or an agent
authorized by the practitioner shall transmit such prescriptions in any manner.
In institutional settings such as hospital pharmacies, nursing home pharmacies,
clinic pharmacies, or pharmacies owned or operated directly by health
maintenance organizations, the name of the individual making the transmission is
not required to be placed on the order.
(j)
A pharmacist licensed by the
board
director
may dispense up to a 72 hour supply of a prescribed medication in the event the
pharmacist is unable to contact the practitioner to obtain refill authorization,
provided that:
(1)
The prescription is not for a controlled substance;
(2)
In the pharmacist's professional judgment, the interruption of therapy might
reasonably produce undesirable health consequences or may cause physical or
mental discomfort;
(3)
The dispensing pharmacist notifies the practitioner or his or her agent of the
dispensing within seven working days after the prescription is refilled pursuant
to this subsection;
(4)
The pharmacist properly records the dispensing as a separate nonrefillable
prescription.
Said
Such
document shall be filed as is required of all other prescription records. This
document shall be serially numbered and contain all information required of
other prescriptions. In addition it shall contain the number of the
prescription from which it was refilled;
(5)
The pharmacist shall record on the patient's record and on the new document the
circumstances which warrant such dispensing; and
(6)
The pharmacist does not employ this provision regularly for the same patient on
the same medication.
(k)
All out-patient prescription drug orders which are dispensed shall be
appropriately labeled in accordance with the rules and regulations promulgated
by the
licensing
board as follows:
(1)
Before an out-patient prescription drug is released from the dispensing area,
the prescription drug shall bear a label containing the name and address of the
pharmacy, a prescription number, the name of the prescriber, the name of the
patient, directions for taking the medication, the date of the filling or
refilling of the prescription, the initials or identifying code of the
dispensing pharmacist, and any other information which is necessary, required,
or, in the pharmacist's professional judgment, appropriate; and
(2)
The pharmacist who fills an out-patient prescription drug order shall indicate
the identity of the dispensing pharmacist on the label of the prescription drug.
Identification may be made by placing initials on the label of the dispensed
drug. The label shall be affixed to the outside of the container of the
dispensed drug by means of adhesive or tape or any other means which will assure
that the label remains attached to the container.
(l)
A Schedule II controlled substance prescription drug order in written form
signed in indelible ink by the practitioner may be accepted by a pharmacist and
the Schedule II controlled substance may be dispensed by such pharmacist. Other
forms of Schedule II controlled substance prescription drug orders may be
accepted by a pharmacist and the Schedule II controlled substance may be
dispensed by such pharmacist in accordance with regulations promulgated by the
licensing
board and in accordance with DEA regulations found in 21 C.F.R. 1306. A
pharmacist shall require a person picking up a Schedule II controlled substance
prescription to present a government issued photo identification document or
such other form of identification which documents legibly the full name of the
person taking possession of the Schedule II controlled substance subject to the
rules adopted by the
licensing
board.
(m)
No licensee nor any other entity shall be permitted to provide facsimile
machines or equipment, computer software, technology, hardware, or supplies
related to the electronic transmission of prescription drug orders to any
practitioner which restricts such practitioner from issuing prescription drug
orders for certain prescription drugs or restricts a patient from choosing the
retail pharmacy to which an electronic prescription drug order may be
transmitted.
(n)
Institutions including, but not limited to, hospitals, long-term care
facilities, and inpatient hospice facilities which utilize electronic medical
record systems that meet the information requirements for prescription drug
orders for patients pursuant to this Code section shall be considered to be in
compliance with this Code section.
(o)
Nothing in this Code section shall be construed to prohibit any insurance
company, hospital or medical service plan, health care provider network, health
maintenance organization, health care plan, employer, or other similar entity
providing health insurance from offering incentives to pharmacies, pharmacists,
and practitioners that accept or utilize electronic data prescription drug
orders.
(p)
Pharmacists dispensing prescriptions pursuant to a remote automated medication
system in accordance with the rules and regulations adopted by the
State Board
of Pharmacy
licensing
board pursuant to paragraph
(12.1)
(7)
of subsection
(a)
(a.1)
of Code Section 26-4-28 shall be considered in compliance with this Code
section.
26-4-80.1.
(a)
Effective October 1, 2011, every hard copy prescription drug order for any
Schedule II controlled substance written in this state by a practitioner must be
written on security paper.
(b)
A pharmacist shall not fill a hard copy prescription drug order for any Schedule
II controlled substance from a practitioner unless it is written on security
paper, except that a pharmacist may provide emergency supplies in accordance
with
the
licensing
board
requirements
and
other
any
insurance contract requirements.
(c)
If a hard copy of an electronic data prescription drug order for any Schedule II
controlled substance is given directly to the patient, the manually signed hard
copy prescription drug order must be on approved security paper that meets the
requirements of paragraph (38.5) of Code Section 26-4-5.
(d)
Practitioners shall employ reasonable safeguards to assure against theft or
unauthorized use of security paper and shall promptly report to appropriate
authorities any theft or unauthorized use.
(e)
All vendors shall have their security paper approved by the
licensing
board prior to marketing or sale in this state.
(f)
The
licensing
board shall create a seal of approval that confirms that security paper contains
all three industry recognized characteristics required by paragraph (38.5) of
Code Section 26-4-5. The seal shall be affixed to all security paper used in
this state.
(g)
The
licensing
board may adopt rules necessary for the administration of this Code
section.
(h)
The security paper requirements in this Code section shall not apply
to:
(1)
Prescriptions that are transmitted to the pharmacy by telephone, facsimile, or
electronic means; or
(2)
Prescriptions written for inpatients of a hospital, outpatients of a hospital,
residents of a nursing home, inpatients or residents of a mental health
facility, or individuals incarcerated in a local, state, or federal correctional
facility when the health care practitioner authorized to write prescriptions
writes the order into the patient's medical or clinical record, the order is
given directly to the pharmacy, and the patient never has the opportunity to
handle the written order.
26-4-81.
(a)
In accordance with this Code section, a pharmacist may substitute a drug with
the same generic name in the same strength, quantity, dose, and dosage form as
the prescribed brand name drug product which is, in the pharmacist's reasonable
professional opinion, pharmaceutically equivalent.
(b)
If a practitioner of the healing arts prescribes a drug by its generic name, the
pharmacist shall dispense the lowest retail priced drug product which is in
stock and which is, in the pharmacist's reasonable professional opinion,
pharmaceutically equivalent.
(c)
Substitutions as provided for in subsections (a) and (b) of this Code section
are authorized for the express purpose of making available to the consumer the
lowest retail priced drug product which is in stock and which is, in the
pharmacist's reasonable professional opinion, both therapeutically equivalent
and pharmaceutically equivalent.
(d)(1)
Whenever a substitution is made, the pharmacist shall record on the original
prescription the fact that there has been a substitution and the identity of the
dispensed drug product and its manufacturer. Such prescription shall be made
available for inspection by the
board or
its representative
director
in accordance with the rules of the
licensing
board.
(2)
If a pharmacist substitutes a generic drug product for a brand name prescribed
drug product when dispensing a prescribed medication, the brand name and the
generic name of the drug product, with an explanation of 'generic for (insert
name of brand name prescribed drug product)' or similar language to indicate
substitution has occurred, must appear on the prescription label and be affixed
to the container or an auxiliary label, unless the prescribing practitioner
indicated that the name of the drug may not appear upon the prescription label;
provided, however, that this paragraph shall not apply to medication dispensed
for in-patient hospital services or to medications in specialty packaging for
dosing purposes as defined by the
licensing
board.
(e)
The substitution of any drug by a registered pharmacist pursuant to this Code
section does not constitute the practice of medicine.
(f)
A patient for whom a prescription drug order is intended may instruct a
pharmacist not to substitute a generic name drug in lieu of a brand name
drug.
(g)
A practitioner of the healing arts may instruct the pharmacist not to substitute
a generic name drug in lieu of a brand name drug by including the words 'brand
necessary' in the body of the prescription. When a prescription is a hard copy
prescription drug order, such indication of brand necessary must be in the
practitioner's own handwriting and shall not be printed, applied by rubber
stamp, or any such similar means. When the prescription is an electronic
prescription drug order, the words 'brand necessary' are not required to be in
the practitioner's own handwriting and may be included on the prescription in
any manner or by any method. When a practitioner has designated 'brand
necessary' on an electronic prescription drug order, a generic drug shall not be
substituted without the practitioner's express consent, which shall be
documented by the pharmacist on the prescription and by the practitioner in the
patient's medical record.
26-4-82.
(a)
In dispensing drugs, no individual other than a licensed pharmacist shall
perform or conduct those duties or functions which require professional
judgment. It shall be the responsibility of the supervising pharmacist to
ensure that no other employee of the pharmacy, including pharmacy technicians,
performs or conducts those duties or functions which require professional
judgment.
(b)
For all prescriptions, it shall be the responsibility of the pharmacist on duty
at a facility to ensure that only a pharmacist or a pharmacy intern under the
direct supervision of a pharmacist provides professional consultation and
counseling with patients or other licensed health care professionals, and that
only a pharmacist or a pharmacy intern under the direct supervision of a
pharmacist accepts initial telephoned prescription orders or provides
information in any manner relative to prescriptions or prescription
drugs.
(c)
In the dispensing of all prescription drug orders:
(1)
The pharmacist shall be responsible for all activities of the pharmacy
technician in the preparation of the drug for delivery to the
patient;
(2)
The pharmacist shall be present and personally supervising the activities of the
pharmacy technician at all times;
(3)
When electronic systems are employed within the pharmacy, pharmacy technicians
may enter information into the system and prepare labels; provided, however,
that it shall be the responsibility of the pharmacist to verify the accuracy of
the information entered and the label produced in conjunction with the
prescription drug order;
(4)
When a prescription drug order is presented for refilling, it shall be the
responsibility of the pharmacist to review all appropriate information and make
the determination as to whether to refill the prescription drug order;
and
(5)
Pharmacy technicians in the dispensing area shall be easily
identifiable.
(d)
The
licensing
board of
pharmacy shall promulgate rules and
regulations regarding the activities and utilization of pharmacy technicians in
pharmacies, including the establishment of a registry as required in paragraph
(7) of subsection (a) of Code Section 26-4-28; provided, however, that the
pharmacist to pharmacy technician ratio shall not exceed one pharmacist
providing direct supervision of three pharmacy technicians. The
board
director
may consider and approve an application to increase the ratio in a pharmacy
located in a licensed hospital. Such application must be made in writing and
must be submitted to the
board
director
by the pharmacist in charge of a specific hospital pharmacy in this state. One
of the three technicians must:
(1)
Have successfully passed a certification program approved by the
licensing
board of
pharmacy;
(2)
Have successfully passed an employer's training and assessment program which has
been approved by the
licensing
board of
pharmacy; or
(3)
Have been certified by either the Pharmacy Technician Certification Board or any
other nationally recognized certifying body approved by the
licensing
board of
pharmacy.
(e)
In addition to the utilization of pharmacy technicians, a pharmacist may be
assisted by and directly supervise one pharmacy intern and one pharmacy
extern.
26-4-83.
(a)
The board
of pharmacy
director
may refuse to renew or may suspend, revoke, or restrict the licenses of or fine
any person or pharmacy pursuant to the procedures set forth in this Code section
and rules and regulations established by the
licensing
board upon the failure to maintain an appropriate patient record
system.
(b)
A patient record system shall be maintained by all pharmacies for patients for
whom prescription drug orders are dispensed. The patient record system shall
provide for the immediate retrieval of information necessary by the pharmacist
to identify previously dispensed drugs at the time a prescription drug order is
presented for dispensing. The pharmacist or the pharmacist's designee shall
make a reasonable effort to obtain, record, and maintain the following
information:
(1)
The full name of the patient for whom the drug is intended;
(2)
The address and telephone number of the patient;
(3)
The date of birth of the patient; and
(4)
The gender of the patient.
(c)
The pharmacist shall make a reasonable effort to obtain from the patient or the
patient's agent and shall record any known allergies, drug reactions,
idiosyncrasies, and chronic conditions or disease states of the patient and
identify any other drugs, including over-the-counter drugs or devices, currently
being used by the patient which may relate to prospective drug use review unless
the patient or the patient's agent refuses to provide such information. The
pharmacist shall make a reasonable effort to obtain, record, and maintain the
following information:
(1)
A list of all prescription drug orders obtained by the patient at the pharmacy
where the prescription drug order is being filled for at least the preceding two
years, showing the prescription number, the name and strength of the drug, the
quantity and date dispensed, and the name of the prescribing practitioner;
and
(2)
Comments from the pharmacist relevant to the individual's drug therapy,
including any other information peculiar to the specific patient or
drug.
(d)
A patient record shall be maintained for a period of not less than two years
from the date of the last entry in the profile record. This record may be a
hard copy of a computerized form.
26-4-84.
(a)
The board
of pharmacy
director
may refuse to renew or may suspend, revoke, or restrict the licenses of or fine
any person or pharmacy pursuant to the procedures set forth in this Code section
upon the failure to review patient records and prescription drug
orders.
(b)
A pharmacist shall review the patient record and each prescription drug order
presented for dispensing for the purposes of promoting therapeutic
appropriateness by identifying:
(1)
Overutilization or underutilization;
(2)
Therapeutic duplications;
(3)
Drug-disease contraindications;
(4)
Drug-drug interactions;
(5)
Incorrect drug dosage, dosage form, or duration of drug therapy;
(6)
Drug-allergy interactions; and
(7)
Clinical abuse or misuse.
(c)
Upon recognizing any of the above situations, the pharmacist shall take
appropriate steps to avoid or resolve the situation or problem which shall, if
necessary, include consultation with the prescribing practitioner.
26-4-85.
(a)
The board
of pharmacy
director
may refuse to renew or may suspend, revoke, or restrict the licenses of or fine
any person or pharmacy pursuant to the procedures set forth in this Code section
upon the failure to offer to counsel patients.
(b)
Upon receipt of a prescription drug order and following a review of the
patient's record, the pharmacist or the pharmacy intern operating under the
direct supervision of the pharmacist shall personally offer to discuss matters
which will enhance or optimize drug therapy with each patient or caregiver of
such a patient. Such discussion shall be in person, whenever practicable, or by
telephone and shall include appropriate elements of patient counseling, based on
the professional judgment of the pharmacist. Such elements may include but are
not limited to the following:
(1)
The name and description of the drug;
(2)
The dosage form, dose, route of administration and duration of
therapy;
(3)
The intended use of the drug and expected action or result;
(4)
Any special directions or precautions for preparation, administration, or use by
the patient;
(5)
Common severe side effects or adverse effects or interactions and therapeutic
contraindications that may be encountered, including their avoidance, and the
action required if such side effect, adverse effect, interaction, or therapeutic
contraindication occurs;
(6)
Techniques for self-monitoring of drug therapy;
(7)
The proper storage of the drug;
(8)
Prescription refill information;
(9)
The action to be taken in the event of a missed dose; and
(10)
The comments of the pharmacist relevant to the patient's drug therapy, including
any other information peculiar to the specific patient or drug.
(c)
Additional forms of patient information may be used to supplement verbal patient
counseling when appropriate or available.
(d)
Patient counseling, as described in this Code section, shall not be required
for:
(1)
In-patients of a hospital or institution where other health care professionals
are authorized to administer the drug or drugs;
(2)
Inmates of corrections institutions where pharmacy services are provided by the
Department of Corrections or by a county or municipal political subdivision
either directly or by a subcontractor of the above; or
(3)
Patients receiving drugs from the Department of Public Health; provided,
however, that pharmacists who provide drugs to patients in accordance with Code
Section 43-34-23 shall include in all dispensing procedures a written process
whereby the patient or the caregiver of the patient is provided with the
information required under this Code section.
(e)
A pharmacist shall not be required to counsel a patient or the caregiver of the
patient when the patient or the caregiver of the patient refuses such
consultation or counseling.
26-4-86.
The
licensing
board may establish regulations governing the compounding of medication by
pharmacists and pharmacies licensed in this state.
26-4-87.
The
licensing
board shall promulgate rules and regulations governing the appropriate and
proper storage and handling of controlled substances and dangerous drugs as
defined in Chapter 13 of Title 16 which are consistent with those standards
established by the United States Pharmacopeial Convention.
26-4-88.
(a)
No person shall engage in the dispensing of any medicines, drugs, or poisons
unless said person is a pharmacist licensed in accordance with this chapter or a
pharmacy intern dispensing such items in accordance with this
chapter.
(b)
This chapter shall not apply to practitioners of the healing arts prescribing,
compounding their own prescriptions, or dispensing drugs or medicines except as
provided in Code Section 26-4-130.
(c)
Nothing in this Code section shall prohibit any person from assisting any duly
licensed pharmacist or practitioner, provided that such duly licensed pharmacist
or practitioner shall be physically present in the prescription area and
actually observing the actions of such person performing such tasks; provided,
further, that no prescription shall be given to the person requesting the same
unless the contents and the label thereof shall have been verified by a licensed
pharmacist or practitioner.
(d)
With respect to pharmacy technicians, the following functions require the
professional judgment of a pharmacist, or pharmacy intern under the supervision
of a pharmacist, and may not be performed by a pharmacy technician:
(1)
Acceptance of initial oral prescriptions;
(2)
Certification of a filled or finished prescription or prescription drug
order;
(3)
Weighing or measuring active ingredients without a mechanism of
verification;
(4)
Reconstitution of prefabricated medication without a mechanism of
verification;
(5)
Verification of the constituents of final IV admixtures for accuracy, efficacy,
and patient utilization;
(6)
Entry of orders on patient medication profiles without verification by a
pharmacist; and
(7)
Provision of drug information that has not been prepared or approved by the
pharmacist.
26-4-89.
(a)
Any person who shall sell or dispense drugs by the use of vending machines shall
be guilty of a misdemeanor.
(b)
A remote automated medication system shall not be considered a vending machine
for purposes of this Code section.
26-4-90.
Nothing
in this chapter shall be interpreted to prohibit a pharmacist or pharmacy from
being remunerated for professional pharmacy care services.
ARTICLE
6
26-4-110.
(a)
All facilities engaged in the manufacture, production, sale, or distribution of
drugs or devices utilized in the practice of pharmacy or pharmacies where drugs
or devices are dispensed or pharmacy care is provided shall be licensed by the
board
director
and shall biennially renew their license with the
board
director.
Where operations are conducted at more than one location, each such location
shall be licensed by the
board
director.
(b)
The
licensing
board may by rule determine the licensure classifications of all persons and
facilities licensed as a pharmacy under this article and establish minimum
standards for such persons and facilities.
(c)(1)
The
licensing
board shall establish by rule, under the powers granted to it under Article 2 of
this chapter and as may be required from time to time under federal law the
criteria which each person must meet to qualify for licensure as a pharmacy in
each classification. The
board
director
may issue licenses with varying restrictions to such persons where the
board
director
deems it necessary.
(2)
All applications for a new license shall be accompanied by a fee. Upon the
filing of an application for a license, the
board
director
may cause a thorough investigation of the applicant to be made, and, if
satisfied that the applicant possesses the necessary qualifications and that the
pharmacy will be conducted in accordance with law, shall issue a
license.
(d)
Each pharmacy shall have a pharmacist in charge. Whenever an applicable rule
requires or prohibits action by a pharmacy, responsibility shall be that of the
owner and the pharmacist in charge of the pharmacy, whether the owner is a sole
proprietor, partnership, association, corporation, or otherwise. The pharmacist
in charge shall be responsible for notifying the
board
director
in accordance with
it's the
licensing board's rules and regulations of
updated information regarding the registration of pharmacy
technicians.
(e)
The
board
director
may enter into agreements with other states or with third parties for the
purpose of exchanging information concerning licensure of any
pharmacy.
(f)
The
board
director
may deny or refuse to renew a pharmacy license if
it
the
director determines that the granting or
renewing of such license would not be in the public interest.
(g)
It shall be unlawful for any person in connection with any place of business or
in any manner to take, use, or exhibit the title 'drug store,' 'pharmacy,'
'apothecary,' or any combination of such titles or any title or designation of
like import or other term to take the place of such title, unless such place of
business is licensed as a pharmacy under the provisions of this chapter, has
submitted a written request to the
board
director
and received a waiver from this subsection, or meets the provisions of any rule
or regulation regarding use of such titles and promulgated by the
licensing
board.
(h)
Every pharmacy licensed under this chapter shall have a prescription department
which shall be kept clean and free of all materials not currently in use in the
practice of compounding or preparing a medication for dispensing. The space
behind the prescription counter shall be kept free of obstruction at all
times.
(i)
During hours of operation, every pharmacy licensed pursuant to this chapter
shall have a prescription department under the personal supervision of a duly
licensed pharmacist who shall have personal supervision of not more than one
pharmacy at the same time, provided that nothing in this chapter shall be
construed to prohibit any pharmacist from having personal supervision of a
pharmacy located in a hospital, nursing home, college of pharmacy, or a pharmacy
owned and operated directly by a health maintenance organization. Every
pharmacy licensed under this chapter, except those located within and owned and
operated by a duly licensed and accredited hospital, nursing home, or college of
pharmacy or a pharmacy complying with subsection (j) of this Code section, shall
have a prescription department open for business at all times that the business
establishment is open to the public, except that during temporary absences of
any licensed pharmacist not to exceed three hours daily or more than one and
one-half hours at any one time the prescription department shall be closed and
no prescription shall be filled or dispensed.
(j)
If a pharmacy is located in a general merchandising establishment, or if the
owner of the pharmacy so chooses, a portion of the space of the business
establishment may be set aside and permanently enclosed or otherwise secured.
Only that permanently enclosed or otherwise secured area shall be subject to the
provisions of this chapter and shall be registered as a pharmacy. In such case,
the area to be registered as a pharmacy shall be permanently enclosed with a
partition built from the floor to the ceiling or otherwise secured in a manner
as provided by the
licensing
board through rules and regulations.
26-4-110.1.
(a)
As used in this Code section, the term:
(1)
'Enrollee' means a person eligible to receive health care benefits under a
health benefit plan.
(2)
'Health benefit plan' means any hospital or medical insurance policy or
certificate, health care plan contract or certificate, qualified higher
deductible health plan, health maintenance organization subscriber contract, or
any managed care plan.
(3)
'Insurer' means a corporation or other entity which is licensed or otherwise
authorized to offer a health benefit plan in this state.
(4)
'Pharmacy benefits manager' means any person, corporation, or other entity that
administers the prescription drug, prescription device, or both prescription
drug and device portion of a health benefit plan on behalf of an insurer but
shall not include any pharmacy benefits manager offered pursuant to Chapter 18
of Title 45 or offered on behalf of recipients of medical assistance under
Titles XIX and XXI of the federal Social Security Act.
(b)
Every pharmacy benefit manager providing services or benefits in this state
which constitutes the practice of pharmacy as defined in Code Section 26-4-4
shall be licensed to practice as a pharmacy in this state and shall comply with
those provisions of Code Section 26-4-110, except subsections (h), (i), and (j)
thereof. As a condition for licensing, every pharmacy benefit manager shall
permit the
board
director
or agents or employees
thereof
of the
director to inspect the premises of such
pharmacy benefit manager whether those premises are located within or outside
this state.
26-4-111.
(a)
The
licensing
board shall specify by rule the pharmacy licensure procedures to be followed,
including but not limited to specification of forms for use in applying for such
licensure and times, places, and applicable fees.
(b)
Applicants for licensure to distribute, manufacture, sell, purchase, or produce
drugs or devices within this state shall file with the
board
director
a verified application containing such information as the
licensing
board requires of the applicant relative to the qualifications for a
license.
(c)
Pharmacy licenses issued by the
board
director
pursuant to this chapter shall not be transferable or assignable.
(d)
The
licensing
board shall specify by rule minimum standards for responsibility of any person
or pharmacy that has employees or personnel engaged in the practice of pharmacy,
manufacture, distribution, production, sale, or use of drugs or devices in the
conduct of their business. If the licensed person is a pharmacy located in this
state, that portion of the facility to which such license applies shall be
operated only under the direct supervision of a pharmacist licensed to practice
in this state.
26-4-112.
The
board
director
shall be notified immediately upon the occurrence of any of the
following:
(1)
Permanent closing of a licensed pharmacy;
(2)
Change of ownership, management, or location of a licensed
pharmacy;
(3)
Change of the pharmacist in charge of a licensed pharmacy;
(4)
Any theft or loss of drugs or devices of a licensed pharmacy;
(5)
Any known conviction of any employee of a licensed pharmacy of any state or
federal drug laws;
(6)
Disasters, accidents, theft, destruction, or loss of records of a licensed
pharmacy required to be maintained by state or federal law;
(7)
Occurrence at a licensed pharmacy of a significant adverse drug reaction as
defined by rules of the
licensing
board; or
(8)
Any and all other matters and occurrences at a licensed pharmacy as the
licensing
board may require by rule.
26-4-113.
(a)
No person shall operate as a pharmacy until a pharmacy license has been issued
to such person by the
board
director.
(b)
Except where otherwise permitted by law, it shall be unlawful for a
manufacturer, wholesale distributor, or a reverse drug distributor to distribute
or deliver drugs or devices to or receive drugs or devices from any person or
firm in this state not licensed under this chapter. Any person who distributes
or delivers drugs or devices to or receives drugs or devices from a person or
firm not licensed under this chapter shall be subject to a fine to be imposed by
the
board
director
for each offense in addition to such other disciplinary action the
board
director
may take under this chapter. Each such violation shall also constitute a
misdemeanor.
(c)
The
board
director
may suspend, revoke, deny, or refuse to renew the pharmacy license of,
reprimand, issue a letter of concern to, or fine any person licensed under this
article on any of the following grounds:
(1)
The finding by the
board
director
of violations of any federal or state laws relating to the practice of pharmacy,
drug samples, wholesale or retail drug or device distribution, or distribution
of controlled substances;
(2)
Any felony convictions under federal or state laws;
(3)
The furnishing of false or fraudulent material in any application made in
connection with drug or device manufacturing or distribution;
(4)
Suspension or revocation by the federal or state government of any license
currently or previously held by the applicant for the manufacture or
distribution of any drugs or devices including controlled
substances;
(5)
Obtaining any remuneration by fraud, misrepresentation, or
deception;
(6)
Dealing with drugs or devices that are known or should have been known to be
stolen drugs or devices;
(7)
Purchasing or receiving of a drug or device from a source other than a person or
pharmacy licensed under the laws of the state except where otherwise
provided;
(8)
Wholesale drug distributors, other than pharmacies, dispensing or distributing
drugs or devices directly to patients; or
(9)
Violations of any of the provisions of this chapter or of any of the rules
adopted by the
licensing
board under this chapter.
(d)
Reinstatement of a pharmacy license that has been suspended, revoked, or
restricted by the
board
director
may be granted in accordance with the rules of the
licensing
board.
26-4-114.
(a)
A pharmacy located within and owned and operated by a school or college of
pharmacy in this state may apply to the
board
director
for a special pharmacy permit which shall entitle the holder thereof to
purchase, receive, possess, or dispose of drugs for educational or research
purposes. The application shall include the name of a registered pharmacist who
shall be responsible for maintaining accurate records regarding the purchase,
receipt, possession, and disposal of drugs utilized for educational or research
purposes. If the
board
director
certifies that the application complies with applicable laws and rules and
regulations, the
board
director
shall issue the permit.
(b)
A holder of a special pharmacy permit under subsection (a) of this Code section
shall not engage in the sale or dispensing of drugs.
(c)
The
licensing
board shall have the authority to promulgate rules and regulations governing the
holder of a special pharmacy permit under this Code section and
the
director may exempt the holder thereof
from requirements otherwise applicable to other pharmacies.
26-4-115.
(a)
All persons, firms, or corporations, whether located in this state or in any
other state, engaged in the business of selling or distributing drugs at
wholesale in this state, in the business of supplying drugs to manufacturers,
compounders, and processors in this state, or in the business of a reverse drug
distributor shall biennially register with the
board
director
as a drug wholesaler, distributor, reverse drug distributor, or supplier. The
application for registration shall be made on a form to be prescribed
by the
licensing board and furnished by
said
board
the
director and shall show each place of
business of the applicant for registration, together with such other information
as may be required by the
licensing
board. The application shall be accompanied by a fee in an amount established
by the
licensing
board for each place of business registered by the applicant. Such registration
shall not be transferable and shall expire on the expiration date established by
the
division
director. Registration shall be renewed pursuant to the rules and regulations
of the
licensing
board and a renewal fee prescribed by the
licensing
board shall be required. If not renewed, the registration shall lapse and
become null and void. Registrants shall be subject to such rules and
regulations with respect to sanitation or equipment as the
licensing
board may, from time to time, adopt for the protection of the public health and
safety. Such registration may be suspended or revoked or the registrant may be
reprimanded, fined, or placed on probation by the
board
director
if the registrant fails to comply with any law of this state, the United States,
or any other state having to do with the control of pharmacists, pharmacies,
wholesale distribution, or reverse drug distribution of controlled substances or
dangerous drugs as defined in Chapter 13 of Title 16; if the registrant fails to
comply with any rule or regulation promulgated by the
licensing
board; or if any registration or license issued to the registrant under the
federal act is suspended or revoked.
(b)
Every drug wholesaler, distributor, or supplier registered as provided in
Chapter 13 of Title 16 or in subsection (a) of this Code section, except reverse
drug distributors, shall:
(1)
Submit reports, upon request from the Georgia Drugs and Narcotics Agency, to
account for all transactions with licensed persons or firms located within this
state; such reportable transactions shall include all dangerous drugs and
controlled substances as defined in Chapter 13 of Title 16. Such reports shall
be submitted to the Georgia Drugs and Narcotics Agency; and
(2)
Automatically submit reports of any excessive purchases of controlled substances
by licensed persons or firms located within this state using the federal Drug
Enforcement Administration guidelines to define 'excessive purchases' as set
forth under the provisions of 21 C.F.R. Sec. 1301. Such reports shall be
submitted to the Georgia Drugs and Narcotics Agency.
(c)
The
licensing
board shall be authorized to promulgate rules and regulations to facilitate
compliance with this Code section. Such rules and regulations shall include a
requirement that all wholesale drug distributors required to register pursuant
to this Code section shall make adequate provision for the return of outdated
drugs, both full and partial containers, for up to six months after the labeled
expiration date for prompt full credit or replacement.
(d)
The provisions of subsection (b) of this Code section shall not apply to any
wholesaler, manufacturer, distributor, or supplier who only ships controlled
substances directly to a licensed wholesaler within this state.
(e)
Any person, firm, or corporation which violates any provision of this Code
section shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one year nor more than five years or
by a fine not to exceed $25,000.00, or both.
(f)
Any practitioner who knowingly transfers any controlled substance or dangerous
drug as such terms are defined in Chapter 13 of Title 16 by purchasing from or
returning to a person, firm, or corporation which is not registered as required
in subsection (a) of this Code section or as required in Chapter 13 of Title 16
shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one year nor more than three years or by a fine
not to exceed $10,000.00, or both.
26-4-115.1.
Every
wholesale distributor registered as provided in Chapter 13 of Title 16 or
subsection (a) of Code Section 26-4-115, except those which are exclusively
reverse drug distributors, shall provide to the Department of Community Health
such information, with regard to the controlled substances and dangerous drugs
which are distributed by that wholesale distributor, as is determined by that
department to be necessary or useful in the department's efficient
administration of the state plan for medical assistance, as defined in Code
Section 49-4-141, and in the department's determination of possible violations
of Chapter 13 of Title
16,
which;
such information shall include but not be
limited to price and quantity information.
26-4-116.
(a)
Dangerous drugs and controlled substances as defined under Chapter 13 of Title
16 shall only be issued to the medical director of an emergency service provider
from a pharmacy licensed in this state only in accordance with the provisions of
this Code section.
(b)
The medical director of an emergency service provider and the issuing pharmacy
must have a signed contract or agreement designating the issuing pharmacy as the
provider of drugs and consultant services and a copy must be filed with the
state
board
director
and the Department of Public Health prior to any drugs being issued. The
medical director of an emergency service provider may only have one contractual
relationship with one pharmacy per county serviced by such emergency service
provider.
(c)
A manual of policies and procedures for the handling, storage, labeling, and
record keeping of all drugs must be written, approved, and signed by the medical
director of an emergency service provider and the pharmacist in charge of the
issuing pharmacy. The manual shall contain procedures for the safe and
effective use of drugs from acquisition to final disposition.
(d)
A written record of all drugs issued to the medical director of an emergency
service provider must be maintained by the issuing pharmacy and emergency
service provider. Agents of the Georgia Drugs and Narcotics Agency may review
all records to determine the accuracy and proper accountability for the use of
all drugs.
(e)
To provide for the proper control and accountability of drugs, a written record
of all drugs used by such emergency service provider shall be provided to the
issuing pharmacy within 72 hours of use.
(f)
A pharmacist from the contracting issuing pharmacy shall physically inspect the
drugs of such emergency service provider to determine compliance with
appropriate policies and procedures for the handling, storage, labeling, and
record keeping of all drugs not less than annually and maintain records of such
inspection for a period of not less than two years. Such an inspection shall,
at a minimum, verify that:
(1)
Drugs are properly stored, especially those requiring special storage
conditions;
(2)
Drugs are properly accounted for by personnel of such emergency service
provider;
(3)
Proper security measures to prohibit unauthorized access to the drugs are
implemented; and
(4)
All policies and procedures are followed and enforced.
(g)
All outdated, expired, unused, or unusable drugs shall be returned to the
issuing pharmacy for proper disposition in a manner acceptable to the
licensing
board.
26-4-117.
(a)
It shall be the duty of the prosecuting attorney of the court of competent
jurisdiction to whom the
board
director
or some other person shall report a violation of this chapter to cause
appropriate proceedings to be commenced and prosecuted for the enforcement of
the penalties as in such case may be provided.
(b)
The
board
director,
or any person, corporation, or association, in addition to the remedies set
forth in this chapter, may bring an action in a court having competent
jurisdiction over the parties and subject matter to enjoin violations of this
chapter. Such injunction may issue notwithstanding the existence of an adequate
remedy at law.
26-4-118.
(a)
This Code section shall be known and may be cited as 'The Pharmacy Audit Bill of
Rights.'
(b)
Notwithstanding any other law, when an audit of the records of a pharmacy is
conducted by a managed care company, insurance company, third-party payor, the
Department of Community Health under Article 7 of Chapter 4 of Title 49, or any
entity that represents such companies, groups, or department, it shall be
conducted in accordance with the following bill of rights:
(1)
The entity conducting the initial on-site audit must give the pharmacy notice at
least one week prior to conducting the initial on-site audit for each audit
cycle;
(2)
Any audit which involves clinical or professional judgment must be conducted by
or in consultation with a pharmacist;
(3)
Any clerical or record-keeping error, such as a typographical error, scrivener's
error, or computer error, regarding a required document or record may not in and
of itself constitute fraud; however, such claims may be subject to recoupment.
No such claim shall be subject to criminal penalties without proof of intent to
commit fraud;
(4)
A pharmacy may use the records of a hospital, physician, or other authorized
practitioner of the healing arts for drugs or medicinal supplies written or
transmitted by any means of communication for purposes of validating the
pharmacy record with respect to orders or refills of a legend or narcotic
drug;
(5)
A finding of an overpayment or underpayment may be a projection based on the
number of patients served having a similar diagnosis or on the number of similar
orders or refills for similar drugs; however, recoupment of claims must be based
on the actual overpayment or underpayment unless the projection for overpayment
or underpayment is part of a settlement as agreed to by the
pharmacy;
(6)
Each pharmacy shall be audited under the same standards and parameters as other
similarly situated pharmacies audited by the entity;
(7)
A pharmacy shall be allowed at least 30 days following receipt of the
preliminary audit report in which to produce documentation to address any
discrepancy found during an audit;
(8)
The period covered by an audit may not exceed two years from the date the claim
was submitted to or adjudicated by a managed care company, insurance company,
third-party payor, the Department of Community Health under Article 7 of Chapter
4 of Title 49, or any entity that represents such companies, groups, or
department;
(9)
An audit may not be initiated or scheduled during the first seven calendar days
of any month due to the high volume of prescriptions filled during that time
unless otherwise consented to by the pharmacy;
(10)
The preliminary audit report must be delivered to the pharmacy within 120 days
after conclusion of the audit. A final audit report shall be delivered to the
pharmacy within six months after receipt of the preliminary audit report or
final appeal, as provided for in subsection (c) of this Code section, whichever
is later; and
(11)
The audit criteria set forth in this subsection shall apply only to audits of
claims submitted for payment after July 1, 2006. Notwithstanding any other
provision in this subsection, the agency conducting the audit shall not use the
accounting practice of extrapolation in calculating recoupments or penalties for
audits.
(c)
Recoupments of any disputed funds shall only occur after final internal
disposition of the audit, including the appeals process as set forth in
subsection (d) of this Code section.
(d)
Each entity conducting an audit shall establish an appeals process under which a
pharmacy may appeal an unfavorable preliminary audit report to the entity. If,
following the appeal, the entity finds that an unfavorable audit report or any
portion thereof is unsubstantiated, the entity shall dismiss the audit report or
said portion without the necessity of any further proceedings.
(e)
Each entity conducting an audit shall provide a copy of the final audit report,
after completion of any review process, to the plan sponsor.
(f)
This Code section shall not apply to any investigative audit which involves
fraud, willful misrepresentation, or abuse including without limitation
investigative audits under Article 7 of Chapter 4 of Title 49, Code Section
33-1-16, or any other statutory provision which authorizes investigations
relating to insurance fraud.
ARTICLE
7
26-4-130.
(a)
For purposes of this Code section, the term:
(1)
'Drugs' means drugs as defined in this chapter and controlled substances as
defined in Article 2 of Chapter 13 of Title 16.
(2)
'Practitioner' or 'practitioner of the healing arts' means, notwithstanding Code
Section 26-4-5, a person licensed as a dentist, physician, podiatrist, or
veterinarian under Chapter 11, 34, 35, or 50, respectively, of Title
43.
(b)
The other provisions of this chapter and Article 3 of Chapter 13 of Title 16
shall not apply to practitioners of the healing arts prescribing or compounding
their own prescriptions and dispensing drugs except as provided in this Code
section. Nor shall such provisions prohibit the administration of drugs by a
practitioner of the healing arts or any person under the supervision of such
practitioner or by the direction of such practitioner except as provided in this
Code section. Any term used in this subsection and defined in Code Section
43-34-23 shall have the meaning provided for such term in Code Section 43-34-23.
The other provisions of this chapter and Articles 2 and 3 of Chapter 13 of Title
16 shall not apply to persons authorized by Code Section 43-34-23 to order,
dispense, or administer drugs when such persons order, dispense, or administer
those drugs in conformity with Code Section 43-34-23. When a person dispenses
drugs pursuant to the authority delegated to that person under the provisions of
Code Section 43-34-23, with regard to the drugs so dispensed, that person shall
comply with the requirements placed upon practitioners by subsections (c) and
(d) of this Code section.
(c)
All practitioners who dispense drugs shall comply with all record-keeping,
labeling, packaging, and storage requirements imposed upon pharmacists and
pharmacies with regard to such drugs pursuant to this chapter and Chapter 13 of
Title 16.
(d)
All practitioners who dispense drugs shall make all records required to be kept
under subsection (c) of this Code section available for inspection by the
board
director.
(e)
Any practitioner who desires to dispense drugs shall notify, at the time of the
renewal of that practitioner's license to practice,
that
practitioner's respective licensing board
the
director of that practitioner's intention
to dispense drugs.
That
licensing board shall notify the board regarding each practitioner concerning
whom that board has received a notification of intention to dispense drugs. The
licensing board's notification shall include the following
information:
(1)
The name and address of the practitioner;
(2)
The state professional license number of the practitioner;
(3)
The practitioner's Drug Enforcement Administration license number;
and
(4)
The name and address of the office or facility from which such drugs shall be
dispensed and the address where all records pertaining to such drugs shall be
maintained.
(f)
The
licensing
board shall have the authority to promulgate rules and regulations governing the
dispensing of drugs pursuant to this Code section.
(g)
This Code section shall not apply to practitioners who provide to their patients
at no cost manufacturer's samples of drugs.
26-4-131.
The
examination of specimens of foods, drugs, and cosmetics shall be made by the
state chemist or under direction of that chemist and supervision for the purpose
of determining from such examination whether such articles are adulterated or
misbranded within the meaning of this title; and, in the case of drugs and
cosmetics, if it shall appear from any such examination that any such specimens
are adulterated or misbranded within the meaning of this title, a copy of the
results of the analysis of the examination of such article, duly authenticated
by the analyst or officer making such examination under the oath of such analyst
or officer, shall be forwarded to the
board
director
without delay. If it shall appear to the satisfaction of the
board
director
and the Attorney General, in the case of adulterated or misbranded drugs, that
the article involved was shipped in interstate commerce or the act complained of
comes under the supervision and jurisdiction of the United States, the
board
director
shall certify the case to the United States district attorney in whose district
the violation may have been committed.
ARTICLE
8
26-4-140.
This
article shall be known and may be cited as the 'Third-party Prescription Program
Law of 1983.'
26-4-141.
The
General Assembly finds that certain practices are unfair to providers of
pharmaceuticals, are burdensome and costly to those providers, result in unfair
increased costs to certain consumers, and threaten the availability of
pharmaceuticals to the public. The General Assembly further finds that there is
a need for regulation of certain practices engaged in by some third-party
prescription program administrators.
26-4-142.
As
used in this article, the term:
(1)
'Administrator' means that person, corporation, or business entity which
administers a program, is legally liable for any payments to a participating
pharmacy under a program, or both.
(2)
'Commissioner' means the Commissioner of Insurance.
(3)
'Contract' means a program contract.
(4)
'Enrollee' means a consumer who receives pharmaceuticals under a
program.
(5)
'Participating pharmacy' means a pharmacy having a contract to provide
pharmaceuticals to enrollees under a program.
(6)
'Pharmaceuticals' means drugs, devices, or services available from a
pharmacy.
(7)
'Prevailing rate' means the average wholesale price of the pharmaceutical during
the applicable period, plus the usual, customary, and reasonable dispensing fee
added thereto, provided that in no event shall the amount submitted for
reimbursement by a pharmacy under this article exceed the eighty-fifth
percentile of the retail prices charged by all pharmacies in Georgia for the
same or similar pharmaceuticals during such period of time or the actual price
charged by the submitting pharmacy to consumers, other than enrollees, for the
same or similar pharmaceuticals during such period of time, whichever is
less.
(8)
'Program' means a third-party prescription program.
(9)
'Program contract' means that contract creating rights and obligations between a
participating pharmacy and a program or administrator.
(10)
'Program identification card' means a document which identifies enrollees as
participants in a program.
(11)
'Third-party prescription program' means any system of providing payments or
reimbursement of payments made for pharmaceuticals pursuant to a contract
between a pharmacy and another party, including insurance companies and
administrators of programs, who are not consumers of the pharmaceuticals under
that contract and shall include, without being limited to, insurance plans
whereby an enrollee receives pharmaceuticals which are paid for by insurance
companies or administrators, or by an agent of his
or
her employer, or by others.
26-4-143.
(a)
Unless the program is exempt under subsection (b) of this Code section, no
administrator, person, corporation, or business entity shall offer, operate, or
administer a program in this state unless that program has been submitted to the
Commissioner, in a manner provided by the Commissioner, and is approved by the
Commissioner as complying with the requirements of this article.
(b)(1)
A program contract existing immediately prior to January 1, 1984, shall be
exempt from the requirements of this article but shall not be renewed or
otherwise extended beyond its renewal or expiration date, respectively, as
specified immediately prior to January 1, 1984, unless the program under the
renewed or extended contract is approved by the Commissioner under subsection
(a) of this Code section, except that if no such expiration or renewal date is
provided in that program contract, the program contract shall be submitted not
later than March 1, 1984, to the Commissioner for approval.
(2)
A program providing pharmaceuticals pursuant to Article 7 of Chapter 4 of Title
49, the 'Georgia Medical Assistance Act of 1977,' shall be exempt from the
requirements of this article.
(3)
A policy or plan regulated under Title 33, relating to insurance, which does not
include or utilize a third-party prescription program or contract shall be
exempt from the requirements of this article.
(c)
A program approved by the Commissioner may have that approval revoked or
suspended if it fails to meet any requirements therefor specified in this
article or if it fails to be administered in conformity with those
requirements.
(d)
Disapproval or revocation or suspension of approval of a program by the
Commissioner shall constitute a contested case for purposes of Chapter 13 of
Title 50, the 'Georgia Administrative Procedure Act.'
26-4-144.
(a)
A program offered in this state and not exempt under subsection (b) of Code
Section 26-4-143 shall provide all of the following:
(1)
A statement of the method, frequency, and amount of claim reimbursement to
participating pharmacies;
(2)
That any valid claim for pharmaceuticals under this program will be paid to a
participating pharmacy within 30 days after the claim is received by the
administrator if that claim is complete, accurate, and legible, as determined by
the administrator;
(3)
That any valid claim not paid as required in paragraph (2) of this Code section
shall be subject to interest at the rate specified in paragraph (1) of
subsection (b) of Code Section 33-25-10, relating to payment of interest on life
insurance proceeds;
(4)
That reimbursement rates for pharmaceuticals shall not be less than the
prevailing rates therefor paid by consumers who are not enrollees;
(5)
That each participating pharmacy and enrollee will be notified in writing by the
administrator of the cancellation of any program at least 30 days prior to the
effective date of cancellation, except that where the administrator is not
notified of such cancellation at least 30 days prior to the effective date of
cancellation, the written notice shall be provided within 30 days after the
administrator received his or her notification;
(6)
That program identification cards issued to an enrollee show an expiration
date;
(7)
That the administrator shall make reasonable efforts to gain possession of all
program identification cards upon cancellation of a program for which the cards
were issued;
(8)
That a valid claim by a participating pharmacy will not be denied upon the basis
of the fraudulent use of a program identification card;
(9)
That at least 30 days prior to the date a program becomes effective, the program
contract therefor shall be offered to all pharmacies located within those
counties wherein reside enrollees in that program,
which
and
such pharmacies shall have at least 30
days from the time they receive the offer to accept that offer and become
participating pharmacies;
(10)
That any audit by a program to verify claims by a participating pharmacy shall
comply with generally accepted accounting principles and procedures but shall
not extrapolate randomly sampled data as a basis for reimbursement from the
pharmacy which is audited or from one participating pharmacy to be the
corresponding data for another participating pharmacy. In the event a claim
against a participating pharmacy for reimbursement is based upon a program
audit, the administrator of the program shall submit details of the audit to
that participating pharmacy, and any dispute relating thereto shall be resolved
under the dispute resolution procedures required under paragraph (11) of this
subsection, with the Commissioner to render a final binding decision in the
dispute if either party is dissatisfied with the outcome under the dispute
resolution procedure; and
(11)
A dispute resolution procedure for disputes between the program or administrator
and participating pharmacies and between the program or administrator and
enrollees.
(b)
A program which meets the requirements of subsection (a) of this Code section
shall not be administered except in conformity with those requirements, and the
administration of that program except in conformity with those requirements
shall constitute a violation of this Code section by the administrator of that
program.
26-4-145.
A
participating pharmacy shall not submit claims for payment for pharmaceuticals
under a program for charges in excess of those charged by that pharmacy to
consumers, other than enrollees, for the same or similar
pharmaceuticals.
26-4-146.
(a)
On and after January 1, 1984, no person, corporation, or business entity shall
serve as administrator of a program which has no administrator registered under
this Code section unless that person, corporation, or business entity is
registered as administrator of that program with the Commissioner.
(b)
No administrator may be registered unless the administrator gives bond to the
Commissioner conditioned to pay all losses, damages, and expenses incurred as a
result of any violation of this article by the administrator or the program
being administered thereby. The bond shall be with a surety approved by the
Commissioner in the amount of $200,000.00 or the total annual payments made in
the immediately preceding year by all programs administered by that
administrator, whichever is greater; provided, however, if the administrator is
an insurance company licensed to transact insurance in this state or if the
administrator is a self-insurer and is approved by the Commissioner, then such
administrator shall not be required to give bond to the
Commissioner.
(c)
No program shall be required to have more than one administrator registered and
bonded under this Code section.
(d)
An administrator may have his or her registration suspended or revoked by the
Commissioner upon any violation of this article by the administrator or when any
program administered by the administrator fails to conform to the requirements
of this article. The refusal by the Commissioner to register an administrator
and the suspension or revocation of an administrator's registration shall
constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
(e)
Records, information, and other identifying matter obtained through the
submission of a claim for reimbursement by a participating pharmacy shall be
used exclusively and solely for the purposes of verification and payment to the
participating pharmacy and policyholder and for no other purposes.
26-4-147.
No
enrollee may utilize a program identification card to obtain pharmaceuticals
after the program has been canceled and after the enrollee has received
notification of the cancellation, and if such card is so utilized, that enrollee
shall be liable to the administrator of that program for the cost of those
pharmaceuticals.
26-4-148.
(a)
Any person, corporation, or business entity which violates subsection (a) of
Code Section 26-4-146 shall be guilty of a misdemeanor.
(b)
Any person, corporation, or business entity which violates any provision of this
article shall be subject to a civil penalty in the amount of $1,000.00 for each
act in violation of this article or, if the violation was knowing and willful, a
civil penalty of $5,000.00 for each act in violation of this
article.
(c)
Any person injured as a result of a violation of this article may bring an
action against that person, corporation, or business entity violating this
article for the recovery of all actual damages occurring as a result thereof,
plus attorneys' fees.
(d)
An action may be brought against any person, corporation, or business entity
subject to civil penalties or an action for damages under this Code section in
the county in this state in which the person resides or corporation or business
entity maintains an office or, if neither residing nor maintaining an office in
this state, in the Superior Court of Fulton County.
(e)
All penalties and remedies provided in this Code section are cumulative of each
other and of any other penalties and remedies otherwise provided by
law.
ARTICLE
9
26-4-160.
No
person shall furnish by retail sale any poison enumerated in this Code section
without distinctly labeling the bottle, box, vessel, or paper in which the
poison is contained, and also the outside wrapper or cover thereof, with the
name of the article, the word 'Poison,' and the name and place of business of
the person who furnishes the same; and no poison shall be furnished unless upon
due inquiry it shall be found that the person to whom it is delivered is aware
of its poisonous character and shall represent that it is to be used for a
legitimate purpose:
(1)
Schedule 'A.' Arsenic and its preparations, corrosive sublimate, white
precipitate, red precipitate, biniodide of mercury, cyanide of potassium,
hydrocyanic acid, strychnia, and all other poisonous vegetable alkaloids and
their salts; essential oil of bitter almonds, opium and its preparations, except
paregoric and other preparations of opium containing less than two grains to the
ounce; and
(2)
Schedule 'B.' Aconite, belladonna, colchicum, conium, nux vomica, henbane,
creosote, digitalis, and their pharmaceutical preparations; croton oil,
chloroform, chloral hydrate, sulfate of zinc, mineral acids, carbolic acid, and
oxalic acid.
26-4-161.
No
licensed pharmacist shall sell or deliver any of the poisons included in
paragraph (1) of Code Section 26-4-160 without first making an entry in a book
for that purpose, stating the date of the delivery, the name and address of the
person receiving the poison, the name and quantity of the poison, the purpose
for which it is represented by such person to be required, and the name of the
dispenser. Such book shall always be open for inspection by the proper
authorities and shall be preserved for reference for at least five
years.
26-4-162.
This
article shall not apply to the dispensing of poisons in not unusual quantities
or doses, upon the prescriptions of practitioners of the healing
arts.
26-4-163.
Any
person violating this article shall be guilty of a misdemeanor.
ARTICLE
10
26-4-170.
This
article shall be known and may be cited as the 'Nuclear Pharmacy
Law.'
26-4-171.
As
used in this article, the term:
(1)
'Authentication of product history' means, but is not limited to, identifying
the purchasing source, the ultimate fate, and any intermediate handling of any
component of a radiopharmaceutical.
(2)
'Board' means the State Board of
Pharmacy, a
professional licensing board pursuant to Chapter 1 of Title 43 with the
authority and responsibilities set forth in such
chapter.
(3)
'Compounding of radiopharmaceuticals' means the addition of a radioactive
substance to nonradioactive substances or the use of a radioactive substance in
preparation for single or multidose dispensation upon the prescription order of
a physician who is licensed to use radioactive materials. Compounding of
radiopharmaceuticals may include: loading and eluting of radionuclide
generators; using manufactured reagent kits to prepare radiopharmaceuticals;
preparing reagent kits; aliquoting reagents; formulation and quality assurance
testing of radiochemicals for use as radiopharmaceuticals; and radiolabeling of
compounds or products, including biological products, for use as
radiopharmaceuticals.
(4)
'Department' means the Department of Natural Resources.
(4.1)
'Director' means the director of professional licensing.
(5)
'Internal test assessment' means, but is not limited to, conducting those tests
of quality assurance necessary to ensure the integrity of the test.
(5.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of Title 43.
(6)
'Manufacturing of radiopharmaceuticals' means the preparation, derivation, or
production of a product to which a radioactive substance is or will be added to
provide a radiopharmaceutical for sale, resale, redistribution, or
reconstitution.
(7)
'Nuclear pharmacy' means a pharmacy providing radiopharmaceutical
service.
(8)
'Radiopharmaceutical' means radioactive drugs and chemical products used for
diagnostic and therapeutic purposes and includes the terms radioactive
pharmaceuticals, radioisotopes, and radioactive tracers.
(9)
'Radiopharmaceutical quality assurance' means, but is not limited to, the
performance of appropriate chemical, biological, and physical tests on
radiopharmaceuticals and their component materials and the interpretation of the
resulting data to determine their suitability for use in humans and animals,
including internal test assessment, authentication of product history, and the
keeping of proper records.
(10)
'Radiopharmaceutical service' means, but is not limited to, the compounding,
dispensing, labeling, and delivering of radiopharmaceuticals; the participation
in radiopharmaceutical selection and radiopharmaceutical utilization review; the
maintenance of radiopharmaceutical quality assurance; and the responsibility for
advising, where necessary or where regulated, of therapeutic values, hazards,
and use of radiopharmaceuticals; and the offering or performing of those acts,
services, operations, or transactions necessary in the conduct, operation,
management, and control of a nuclear pharmacy.
26-4-172.
(a)
All persons, firms, pharmacies, or corporations which receive, possess,
transfer, or manufacture for sale or resale radiopharmaceuticals shall be
licensed in accordance with the provisions of this article. No person may
receive, acquire, possess, compound, or dispense any radiopharmaceutical except
in accordance with the provisions of this article and the conditions of rules
and regulations promulgated by the Board of Natural Resources for radioactive
materials and administered by the department. The requirements of this article
are in addition to, and not in substitution of, other applicable statutes and
regulations administered by the
State Board
of Pharmacy
director
or the department.
(b)
Nothing in this article shall be construed as requiring a licensed physician to
obtain a separate license as a nuclear pharmacist, when his or her use of
radiopharmaceuticals is limited to the diagnosis and treatment of his or her own
patients.
(c)
Nothing in this article shall be construed so as to require a licensed clinical
laboratory, which is licensed by the Department of Community Health to handle
radioactive materials, to obtain the services of a nuclear pharmacist, or to
have a nuclear pharmacy license, unless the laboratory is engaged in the
commercial sale or resale of radiopharmaceuticals.
(d)
Nothing in this article shall be construed to require a department of nuclear
medicine which is located in a hospital of 250 beds or less, which has a
licensing
board certified radiologist in the practice of nuclear medicine, and which is
licensed by the department to handle radioactive materials to obtain the
services of a nuclear pharmacist or to have a nuclear pharmacy
license.
26-4-173.
(a)
An applicant for a license as a nuclear pharmacist shall:
(1)
Be a currently licensed pharmacist in the State of Georgia;
(2)
Meet the minimum requirements and be licensed to possess and use radioactive
materials for medical use, as authorized by the department; and
(3)
Have met all requirements for training and experience established by the
licensing
board in rules and regulations promulgated pursuant to this authority; provided,
however, rules and regulations prescribing training and experience requirements
for nuclear pharmacists shall have first been approved by the
department.
(b)
A license as a nuclear pharmacist shall be issued to any pharmacist who makes
application to the
board
director,
together with a required fee, and meets the requirements of subsection (a) of
this Code section.
26-4-174.
(a)
A permit to operate a nuclear pharmacy shall only be issued in accordance with
Article 6 of this chapter with the added designation that the pharmacist in
charge be a nuclear pharmacist. All personnel performing tasks in the
preparation and distribution of radiopharmaceuticals shall be under the
supervision of a licensed nuclear pharmacist. All acts of compounding and
dispensing radiopharmaceuticals shall be performed by the nuclear pharmacist or
by a pharmacist or pharmacy intern under the direct supervision and control of a
nuclear pharmacist. A nuclear pharmacist shall be responsible for all
operations of the nuclear pharmacy and shall be in personal attendance at all
times when the acts of compounding and dispensing are performed and the pharmacy
is open for business.
(b)
Nuclear pharmacies shall have adequate space, commensurate with the scope of
services provided and, as required by rules and regulations promulgated by the
licensing
board pursuant to implementation of this article, shall meet minimal space
requirements established for all pharmacies in the state. The nuclear pharmacy
area shall be separate from the pharmacy areas for nonradiopharmaceuticals and
shall be secured from unauthorized personnel.
(c)
Nuclear pharmacies shall only dispense radiopharmaceuticals which comply with
acceptable professional standards of radiopharmaceutical quality
assurance.
(d)
Nuclear pharmacies shall maintain records of acquisition and disposition of all
radiopharmaceuticals in accordance with requirements of the
licensing
board and the department.
(e)
Nuclear pharmacies shall comply with all applicable laws and regulations of
federal and state agencies, including those laws and regulations governing
nonradioactive drugs and pharmaceuticals.
(f)
Radiopharmaceuticals are to be dispensed only upon prescription order by a
physician who is authorized by the department to possess, use, and administer
radioactive materials.
(g)
A nuclear pharmacist may transfer to authorized persons radioactive materials
not intended for drug use, in accordance with department regulations for
radioactive materials. A nuclear pharmacy may also furnish radioactive
materials for use to physicians, for individual patient use in accordance with
subsection (f) of this Code section.
(h)
In addition to any labeling requirements required by rules and regulations of
the
licensing
board for nonradiopharmaceuticals, the immediate outer container of a
radiopharmaceutical to be dispensed shall also be labeled as required in rules
and regulations of the
licensing
board and of the department.
(i)
The amount of radioactivity dispensed in each individual preparation shall be
determined by the nuclear pharmacist through radiometric methods immediately
prior to dispensing.
(j)
Nuclear pharmacies may redistribute federal Food and Drug Administration
approved radiopharmaceuticals if the pharmacy does not process the
radiopharmaceuticals in any manner or violate the product packaging. Such
redistribution may only be made to another nuclear pharmacy or other authorized
person or institution.
26-4-175.
Nuclear
pharmacies shall meet all requirements for items and articles of equipment as
required through rules and regulations of the
licensing
board. Nuclear pharmacies shall also have equipment required for the safe
handling and storage of radioactive materials, as established by rules of the
department.
26-4-176.
The
board
director
may limit, suspend, or revoke licenses issued under the provisions of this
article, or impose any other reasonable sanctions upon holders of such licenses
upon proof of any of the violations specified in Code Sections 26-4-60 and
26-4-113.
26-4-177.
The
board
director
may refuse to grant a license to any person, firm, or corporation for any of the
grounds set forth in Code Sections 26-4-60 and 26-4-113. In addition, the
board
director
may refuse to grant a license if any applicant shall make any false statement in
the application or cheats in any manner upon any examination administered
pursuant to this article.
26-4-178.
The
licensing
board is authorized to promulgate rules and regulations to implement the
provisions of this article.
26-4-179.
Nothing
in this article shall be construed to repeal the authority of the Department of
Natural Resources to regulate the use of radioactive materials.
ARTICLE
11
26-4-190.
This
article shall be known and may be cited as the 'Utilization of Unused
Prescription Drugs Act.'
26-4-191.
As
used in this article, the term:
(1)
'Controlled substance' means a drug, substance, or immediate precursor in
Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I
through V of 21 C.F.R. Part 1308.
(2)
'Health care facility' means an institution which is licensed as a nursing home,
intermediate care home, assisted living community, personal care home, home
health agency, or hospice pursuant to Chapter 7 of Title 31.
(3)
'Medically indigent person' means:
(A)
A person who is Medicaid eligible under the laws of this state; or
(B)
A person:
(i)
Who is without health insurance; or
(ii)
Who has health insurance that does not cover the injury, illness, or condition
for which treatment is sought; and
whose
family income does not exceed 200 percent of the federal poverty level as
defined annually by the federal Office of Management and Budget.
26-4-192.
(a)
The Georgia
State Board of Pharmacy
licensing
board, the Department of Public Health,
and the Department of Community Health shall jointly develop and implement a
state-wide program consistent with public health and safety standards through
which unused prescription drugs, other than prescription drugs defined as
controlled substances, may be transferred from health care facilities to
pharmacies designated or approved by the Department of Public Health for the
purpose of distributing such drugs to residents of this state who are medically
indigent persons.
(b)
The Georgia
State Board of Pharmacy
licensing
board, the Department of Public Health,
and the Department of Community Health shall be authorized to develop and
implement a pilot program to determine the safest and most beneficial manner of
implementing the program prior to the state-wide implementation of the program
required in subsection (a) of this Code section.
(c)
The Georgia
State Board of Pharmacy
licensing
board, in consultation with the Department
of Public Health and the Department of Community Health, shall develop and
promulgate rules and regulations to establish procedures necessary to implement
the program and pilot program, if applicable, provided for in this Code section.
The rules and regulations shall provide, at a minimum:
(1)
For an inclusionary formulary for the prescription drugs to be distributed
pursuant to the program;
(2)
For the protection of the privacy of the individual for whom a prescription drug
was originally prescribed;
(3)
For the integrity and safe storage and safe transfer of the prescription drugs,
which may include, but shall not be limited to, limiting the drugs made
available through the program to those that were originally dispensed by unit
dose or an individually sealed dose and that remain in intact packaging;
provided, however, that the rules and regulations shall authorize the use of any
remaining prescription drugs;
(4)
For the tracking of and accountability for the prescription drugs;
and
(5)
For other matters necessary for the implementation of the program.
26-4-193.
In
accordance with the rules and regulations promulgated pursuant to Code Section
26-4-192, the resident of a health care facility, or the representative or
guardian of a resident, may donate unused prescription drugs, other than
prescription drugs defined as controlled substances, for dispensation to
medically indigent persons.
26-4-194.
(a)
Physicians, pharmacists, other health care professionals when acting within the
scope of practice of their respective licenses, and health care facilities shall
not be subject to liability for transferring or receiving unused prescription
drugs pursuant to this article and in good faith compliance with the rules and
regulations promulgated pursuant to Code Section 26-4-192.
(b)
Pharmacists and pharmacies shall not be subject to liability for dispensing
unused prescription drugs pursuant to this article when such services are
provided without reimbursement and when performed within the scope of their
practice and in good faith compliance with the rules and regulations promulgated
pursuant to Code Section 26-4-192. For purposes of this subsection, a
restocking fee paid to a pharmacy pursuant to Code Section 49-4-152.5 shall not
be considered reimbursement.
(c)
Nothing in this Code section shall be construed as affecting, modifying, or
eliminating the liability of a manufacturer of prescription drugs or its
employees or agents under any legal claim, including but not limited to product
liability claims. Drug manufacturers shall not be subject to liability for any
acts or omissions of any physician, pharmacist, other health care professional,
health care facility, or pharmacy providing services pursuant to this
article.
(d)
Drug manufacturers shall not be subject to criminal prosecution or liability in
tort or other civil action for injury, death, or loss to person or property for
the donation, acceptance, or dispensing of a drug under the program or for the
failure to transfer or communicate product or consumer information or the
expiration date of a drug donated under the program.
26-4-195.
This
article shall be construed in concert with Code Section 49-4-152.3.
ARTICLE
12
26-4-200.
This
article shall be known and may be cited as the 'Prescription Medication
Integrity Act.'
26-4-201.
As
used in this article, the term:
(1)
'Authenticate' means to affirmatively verify before any wholesale distribution
of a prescription drug occurs that each transaction listed on the pedigree has
occurred.
(2)
'Authorized distributor of record' means a distributor with whom a manufacturer
has established an ongoing relationship to distribute the manufacturer's
prescription drugs.
(3)
'Board' means the State Board of
Pharmacy, a
professional licensing board pursuant to Chapter 1 of Title 43 with the
authority and responsibilities set forth in such
chapter.
(4)
'Broker' has the same meaning as a third party logistics provider.
(5)
'Chain pharmacy warehouse' means a physical location for prescription drugs that
acts as a central warehouse and performs intracompany sales or transfers of such
drugs to a group of chain pharmacies that have the same common ownership or
control.
(6)
'Co-licensed pharmaceutical products' means pharmaceutical
products:
(A)
That have been approved by the federal Food and Drug Administration;
and
(B)
Concerning which two or more parties have the right to engage in a business
activity or occupation concerning the pharmaceutical products.
(7)
'Co-licensee' means a party to a co-licensed pharmaceutical
product.
(7.1)
'Director' means the director of professional licensing.
(8)
'Distribute' means to deliver a drug or device other than by administering or
dispensing.
(9)
'Drop shipment arrangement' means the physical shipment of a prescription from a
manufacturer, that manufacturer's co-licensee, that manufacturer's third-party
logistics provider, or that manufacturer's authorized distributor of record
directly to a chain pharmacy warehouse, pharmacy buying cooperative warehouse,
pharmacy, or other persons authorized under law to dispense or administer
prescription drugs but wherein the sale and title for the prescription drug
passes between a wholesale drug distributor and the party that directly receives
the prescription drug. In order to be considered part of the normal
distribution channel and participate in a drop shipment as described in this
paragraph, the wholesale drug distributor must be an authorized distributor of
record.
(10)
'Facility' means a facility of a wholesale distributor where prescription drugs
are stored, handled, repackaged, or offered for sale.
(10.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of Title 43.
(11)
'Manufacturer' means a person licensed or approved by the federal Food and Drug
Administration
('FDA')
to engage in the manufacture of drugs or devices, consistent with the
FDA
administration's
definition of 'manufacturer' under the regulations and interpreted guidances
implementing the Prescription Drug Marketing Act.
(12)
'Manufacturer's exclusive distributor' means an entity that contracts with a
manufacturer to provide or coordinate warehousing, distribution, or other
services for a manufacturer and takes title to that manufacturer's prescription
drug. To be considered part of the normal distribution channel, a
manufacturer's exclusive distribution must be an authorized distributor of
record.
(13)
'Normal distribution channel' means a chain of custody for a prescription drug,
excluding all devices and veterinary prescription drugs, that goes directly or
by drop shipment from a manufacturer of the prescription drug, or from that
manufacturer to that manufacturer's co-licensed partner, or from that
manufacturer to that manufacturer's third-party logistics provider, or from that
manufacturer to that manufacturer's exclusive distributor, to:
(A)
Either a pharmacy or to other designated persons authorized by law to dispense
or administer such drug;
(B)
An authorized distributor or record, and then to either a pharmacy, or to other
designated persons authorized by law to dispense or administer such
drug;
(C)
An authorized distributor of record to one other authorized distributor of
record to an office based health care practitioner authorized by law to dispense
or administer such drug to a patient;
(D)
An authorized distributor of record to a pharmacy warehouse or other entity that
redistributes by intracompany sale to a pharmacy or other designated persons
authorized to dispense or administer the drug;
(E)
A pharmacy warehouse or other entity that redistributes by intracompany sale to
a pharmacy or other designated persons authorized to dispense or administer the
drug; or
(F)
Another entity as prescribed by the
licensing
board's regulations.
(14)
'Ongoing relationship' means an association that exists when a wholesale drug
distributor, including any member of its affiliated group, as defined in Section
1504 of the Internal Revenue Code, of which the wholesale drug distributor is a
member:
(A)
Is listed on the manufacturer's list of authorized distributors of record, which
is updated by the manufacturer on no less than a monthly basis; or
(B)
Has a written agreement currently in effect with the manufacturer evidencing
such ongoing relationship.
(15)
'Pedigree' means a document or electronic file containing information that
records each distribution of any given prescription drug.
(16)
'Pharmacy buying cooperative warehouse' means a permanent physical location that
acts as a central warehouse for drugs and from which sales of drugs are made to
a group of pharmacies that are member owners of the buying cooperative operating
the warehouse. Pharmacy buying cooperative warehouses must be licensed as
wholesale distributors.
(17)
'Prescription drug' means any drug (including any biological product, except for
blood and blood components intended for transfusion or biological products that
are also medical devices) required by federal law (including federal regulation)
to be dispensed only by a prescription, including finished dosage forms and bulk
drug substances subject to
section
Section
503(b) of the
federal
Federal
Food,
Drug,
and Cosmetic Act
('FFDCA').
(18)
'Repackage' means repackaging or otherwise changing the container, wrapper, or
labeling to further the distribution of a prescription drug; provided, however,
that this shall not apply to pharmacists in the dispensing of prescription drugs
to the patient.
(19)
'Repackager' means a person who repackages.
(20)
'Third-party logistics provider' means an entity that provides or coordinates
warehousing, distribution, or other services on behalf of a manufacturer but
does not take title to a drug or have general responsibility to direct the sale
or other disposition of the drug. To be considered part of the normal
distribution channel, a third party logistics provider must be an authorized
distributor of record.
(21)
'Wholesale distributor' means any person engaged in wholesale distribution of
drugs, including but not limited to repackagers; own label distributors; private
label distributors; jobbers; brokers; warehouses, including manufacturers' and
distributors' warehouses and wholesale drug warehouses; independent wholesale
drug traders; and retail and hospital pharmacies and chain pharmacy warehouses
that conduct wholesale distributions. This term shall not include
manufacturers.
(22)
'Wholesale distribution' shall not include:
(A)
Intracompany sales of prescription drugs, meaning any transaction or transfer
between any division, subsidiary, parent, or affiliated or related company under
common ownership or control of a corporate entity, except that nothing contained
herein shall be construed to prohibit the
licensing
board from requiring that other records of these transactions shall be kept in
accordance with law and regulation not found in this article;
(B)
The sale, purchase, distribution, trade, or transfer of a prescription drug or
offer to sell, purchase, distribute, trade, or transfer a prescription drug for
emergency medical reasons including transfers of a prescription drug from retail
pharmacy to retail pharmacy, except that nothing contained herein shall be
construed to prohibit the
licensing
board from requiring that other records of these transactions shall be kept in
accordance with law and regulation not found in this article;
(C)
The distribution of prescription drug samples by manufacturers'
representatives;
(D)
Prescription drug returns when conducted by a retail pharmacy or chain pharmacy
warehouse, by a hospital, health care entity, or charitable institution in
accordance with 21 C.F.R. Section 203.23, or by any designated persons
authorized by law to dispense or administer the prescription drug except in
cases where a pedigree is already required under the provisions of this article,
in which case any return of that prescription drug to a wholesaler or
manufacturer shall be subject to the provisions of Code Section
26-4-202;
(E)
The sale of minimal quantities of prescription drugs by retail pharmacies to
licensed practitioners for office use, except that nothing contained herein
shall be construed to prohibit the
licensing
board from requiring that other records of these transactions shall be kept in
accordance with law and regulation not found in this article;
(F)
Retail pharmacies' delivery of prescription drugs to a patient or patient's
agent pursuant to the lawful order of a licensed practitioner;
(G)
The delivery of, or offer to deliver, a prescription drug by a common carrier
solely in the common carrier's usual course of business of transporting
prescription drugs, and such common carrier does not store, warehouse, or take
legal ownership of the prescription drug;
(H)
The sale or transfer from a retail pharmacy, pharmacy buying cooperative
warehouse, or chain pharmacy warehouse of expired, damaged, returned, or
recalled prescription drugs to the original manufacturer, originating wholesale
distributor, or to a third party returns processor, to the extent permitted by
federal rule, regulation, or law; or
(I)
The sale, transfer, merger, or consolidation of all or part of the business of a
pharmacy or pharmacies from or with another pharmacy or pharmacies, whether
accomplished as a purchase and sale of stock or business assets.
26-4-202.
(a)(1)
Each person who is engaged in wholesale distribution of prescription drugs shall
establish and maintain inventories and records of all transactions regarding the
receipt and distribution or other disposition of the prescription drugs. These
records shall include pedigrees for all prescription drugs that leave or have
ever left the normal distribution channel in accordance with rules and
regulations adopted by the
licensing
board.
(2)
A retail pharmacy or chain pharmacy warehouse shall comply with the requirements
of this Code section only if the retail pharmacy or chain pharmacy warehouse
engages in wholesale distribution of prescription drugs.
(3)
The
board
director
shall conduct a study to be completed no later than July 1,
2009
2013,
which shall include consultation with manufacturers, distributors, and
pharmacies responsible for the sale and distribution of prescription drug
products in this state. Based on the results of the study, the
licensing
board shall establish a mandated implementation date for electronic pedigrees
which shall be no sooner than December 31,
2011
2015,
and may be extended by the
licensing
board in one year increments if it appears the technology is not universally
available across the entire prescription pharmaceutical supply; provided,
however, that no provision of this article shall be effective until such time as
the General Assembly appropriates reasonable funds for administration of this
subsection. Effective at a date established by the
licensing
board, pedigrees may be implemented through an approved and readily available
system based on electronic track and trace pedigree technology. This electronic
tracking system will be deemed to be readily available for use on a wide scale
across the entire pharmaceutical supply chain which includes manufacturers,
wholesale distributors, and pharmacies. Consideration must be given to the
large-scale implementation of this technology across the supply chain and the
technology must be proven to have no negative impact on the safety and efficacy
of the pharmaceutical product.
(b)
Each person in possession of a pedigree for a prescription drug who is engaged
in the wholesale distribution of a prescription drug, including repackagers but
excluding the original manufacturer of the finished form of the prescription
drug and any entity engaged in the activities listed in paragraph (9) of Code
Section 26-4-201, and who attempts to further distribute that prescription drug
shall affirmatively verify before any distribution of a prescription drug occurs
that each transaction listed on the pedigree has occurred.
(c)
The pedigree shall include all necessary identifying information concerning each
sale in the chain of distribution of the product from the manufacturer, to
acquisition and sale by any wholesale distributor or repackager, and to final
sale to a pharmacy or other person dispensing or administering the prescription
drug. At a minimum, the pedigree shall include:
(1)
The name, address, telephone number, and, if available, e-mail address of each
owner of the prescription drug and each wholesale distributor of the
prescription drug;
(2)
The name and address of each location from which the prescription drug was
shipped, if different from the owner's;
(3)
Transaction dates;
(4)
Certification that each recipient, excluding retail or hospital pharmacies, has
authenticated the pedigree;
(5)
The name of the prescription drug;
(6)
Dosage form and strength of the prescription drug;
(7)
Size of the container;
(8)
Number of containers;
(9)
Lot number of the prescription drug; and
(10)
The name of the manufacturer of the finished dosage form.
(d)
Each pedigree shall be:
(1)
Maintained by the wholesale distributor at its licensed location, unless given
written authorization from the
board
director
to do otherwise, for three years from the date of sale or transfer;
and
(2)
Available for inspection, copying, or use at the licensed location upon a verbal
request by the
board or
its designee
director.
(e)
The
licensing
board shall adopt rules and regulations, including a standard form, relating to
the requirements of this article no later than 90 days after the effective date
of this article.
(f)
Pharmacies licensed pursuant to this chapter shall not be required to possess or
maintain any pedigree issued pursuant to this Code section.
26-4-203.
(a)
If the
board
director
finds that there is a reasonable probability that:
(1)
A wholesale distributor, other than a manufacturer, has:
(A)
Violated a provision of this article; or
(B)
Falsified a pedigree, provided a falsified pedigree, or sold, distributed,
transferred, manufactured, repackaged, handled, or held a counterfeit
prescription drug intended for human use;
(2)
The prescription drug at issue in subparagraph (B) of paragraph (1) of this
subsection could cause serious, adverse health consequences or death;
and
(3)
Other procedures would result in unreasonable delay,
the
board
director
shall issue an order requiring the appropriate person including the distributors
or retailers of the prescription drug to immediately cease distribution of the
prescription drug in or to this state.
(b)
An order under subsection (a) of this Code section shall provide the person
subject to the order with
an
opportunity for an informal hearing, to be held not later than ten calendar days
after the date of the issuance of the order, on the actions required by the
order. If, after such a hearing, the
notice and the
opportunity for a hearing as provided in Code Section 43-1-3.1. If a hearing
before the licensing board is requested and the
licensing board determines that inadequate
grounds exist to support the actions required by the order, the
licensing
board shall vacate the order.
26-4-204.
It
shall be unlawful for a person to perform or cause the performance of or aid and
abet any of the following acts in this state:
(1)
Selling, distributing, or transferring a prescription drug to a person that is
not authorized to receive the prescription drug under the law of the
jurisdiction in which the person receives the prescription drug;
(2)
Failing to maintain or provide pedigrees as required by the
licensing
board;
(3)
Failing to obtain, transfer, or authenticate a pedigree as required by the
licensing
board;
(4)
Providing the
licensing
board or the
director or any of
its
their
representatives or any federal official with false or fraudulent records,
including, but not limited to falsified pedigrees, or making false or fraudulent
statements regarding any matter within the provisions of this
article;
(5)
Obtaining or attempting to obtain a prescription drug by fraud, deceit, or
misrepresentation or engaging in misrepresentation or fraud in the distribution
of a prescription drug; and
(6)
Except for the wholesale distribution by manufacturers of a prescription drug
that has been delivered into commerce pursuant to an application approved under
federal law by the Food and Drug Administration, the manufacturing, repackaging,
selling, transferring, delivering, holding, or offering for sale of any
prescription drug that is adulterated, misbranded, counterfeit, suspected of
being counterfeit, or has otherwise been rendered unfit for
distribution.
26-4-205.
(a)
Notwithstanding Code Section 26-4-115, any person who engages without knowledge
in the wholesale distribution of prescription drugs, including providing a
falsified pedigree or other records, in violation of this article may be fined
not more than $10,000.00.
(b)
If a person engages in wholesale distribution of prescription drugs in violation
of this article, including providing a falsified pedigree or other records, and
acts in a grossly negligent manner in violation of this article, the person may
be punished by imprisonment for not more than 15 years, fined not more than
$50,000.00, or both.
(c)
Notwithstanding Code Section 26-4-115, any person who knowingly engages in
wholesale distribution of prescription drugs in violation of this article,
including providing a falsified pedigree or other records, shall be guilty of a
felony and, upon conviction thereof, shall be punished by imprisonment for not
more than 25 years, by fine not to exceed $500,000.00, or both.
26-4-206.
Pursuant
to Ga. L. 2007, p. 463, Section 2, this article shall become effective only when
funds are specifically appropriated for purposes of this article in an
Appropriations Act making specific reference to this article.
ARTICLE
13
26-4-210.
This
article shall be known and may be cited as the 'Safe Medications Practice
Act.'
26-4-211.
(a)
The General Assembly finds and declares that:
(1)
Medications are essential for the effective treatment and prevention of illness
and disease, and medications, particularly dangerous drugs, are recognized to be
complex chemical compounds which may cause untoward side effects, adverse
reactions, and other undesirable and potentially harmful effects;
(2)
Hospital pharmacists are highly trained in the therapeutic use of medications
and have expertise in the safe, appropriate, and cost-effective use of
medications; and
(3)
Therefore, it is essential that physicians, pharmacists, and other clinical
health care practitioners in an institutional setting collaborate to promote
safe and effective medication therapy for the institution's
patients.
(b)
The intent of the General Assembly in enacting this legislation is to maximize
patient safety, to ensure safe and desirable medication therapy outcomes, and to
achieve desired therapeutic goals.
26-4-212.
As
used in this article, the term:
(1)
'Collaborate' means to work jointly with others as approved by an order from a
physician member of the institution's medical staff for care and treatment of
the ordering physician's patients or pursuant to a protocol established in
accordance with medical staff policy.
(2)
'Hospital pharmacist' means a pharmacist that is employed by, or under contract
with, an institution and practicing in an institutional setting.
(3)
'Institution' means any licensed hospital, nursing home, assisted living
community, personal care home, or hospice.
26-4-213.
Hospital
pharmacists shall be authorized to collaborate with members of the medical staff
in an institution on drug therapy management.
26-4-214.
(a)
The State
Board of Pharmacy
licensing
board shall establish rules and
regulations governing a hospital pharmacist acting pursuant to Code Section
26-4-213 in the provision of drug therapy management in institutions in
consultation or collaboration with physicians. Such rules may include the
utilization of a hospital pharmacist's skills regarding dangerous drugs to
promote medication safety. Such rules shall include the ordering of clinical
laboratory tests in the institutional setting and the interpretation of results
related to medication use when approved by a physician member of the
institution's medical staff for the care and treatment of the ordering
physician's patients or pursuant to a protocol established in accordance with
medical staff policy.
(b)
The Georgia Composite Medical Board shall establish rules and regulations
governing a physician acting pursuant to this article."
SECTION
1-4.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended by revising Chapter 1, relating to general provisions, as
follows:
"CHAPTER
1
ARTICLE 1
ARTICLE 1
43-1-1.
As
used in this title, the term:
(1)
'Division' means the professional licensing
boards
division created under Code Section 43-1-2.
(2)
'Division
director'
'Director of
professional licensing' or 'director'
means the individual appointed by the Secretary of State as director of the
professional licensing
boards
division within the office of the Secretary of State.
(3)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of this chapter.
(3)(4)
'Professional licensing
policy
board' means any board, bureau, commission, or other agency of the executive
branch of state government which is created for the purpose of
licensing
or otherwise regulating or controlling any profession, business, or
trade
carrying out
the responsibilities ste forth in subsection (b) of Code Section
43-1-3 and which is placed by law under
the jurisdiction of the director
of the
professional licensing boards division within the office of the Secretary of
State.
43-1-2.
(a)(1)
There is created within the office of the Secretary of State the professional
licensing
boards
division as successor to the office of the joint-secretary of the state
examining boards. The Secretary of State is authorized and directed to appoint
a director of the professional licensing
boards
division.
(2)
Any action of the joint-secretary taken with regard to any state examining board
prior to July 1, 2000, shall thereafter be deemed to be action taken by the
director of the professional licensing
boards
division and that
division
director shall thereafter act in the stead of such joint-secretary and succeed
to the powers and duties of the joint-secretary with regard to those state
examining boards. The rights, privileges, entitlements, or duties of parties to
contracts, leases, agreements, or other transactions entered into by the
joint-secretary prior to July 1, 2000, shall continue to exist and shall not be
impaired or diminished by reason of the succession of the
division
director to the powers and duties of the joint-secretary.
(b)
The salary of the
division
director of
professional licensing shall be fixed by
the Secretary of State, and he or she shall hold office at the pleasure of the
Secretary of State.
(c)
The Secretary of State, notwithstanding any other provisions of law to the
contrary, shall employ personnel as deemed necessary to carry out this chapter
and to provide for all services required by each of the professional licensing
policy
boards and the
licensing board and shall establish within
the guidelines provided by the laws and rules and regulations of the State
Personnel Administration the qualifications of such personnel.
(d)
The
division
director of
professional licensing, with the approval
of the Secretary of State, notwithstanding any other provisions of law to the
contrary, shall enter into such contracts as are deemed necessary to carry out
this chapter to provide for all services required by each of the professional
licensing
policy
boards and the
licensing board.
(e)
The Secretary of State, notwithstanding any other provisions of law to the
contrary, shall have the power to employ and shall set the qualifications and
salary for a deputy
division
director of
professional licensing and shall appoint
executive directors as required who shall act in the absence of the
division
director of
professional licensing and who shall
perform such other functions of the
division
director of
professional licensing under this chapter
as the
division
director of
professional licensing may designate. The
deputy
division
director of
professional licensing and executive
directors as appointed shall be in the unclassified service and shall be
excluded from the classified service as defined in Article 1 of Chapter 20 of
Title 45.
(f)
Notwithstanding any other provisions of law to the contrary, each member of the
various professional licensing
policy
boards may receive the expense allowance as provided by subsection (b) of Code
Section 45-7-21 and the same mileage allowance for the use of a personal car as
that received by all other state officials and employees or a travel allowance
of actual transportation cost if traveling by public carrier within the state.
Any board member
shall
may
also be reimbursed for any conference or meeting registration fee incurred in
the performance of his or her duties as a board member. For each day's service
outside of the state as a board member, such member
shall
may
receive actual expenses as an expense allowance as well as the same mileage
allowance for the use of a personal car as that received by other state
officials and employees or a travel allowance of actual transportation cost if
traveling by public carrier or by rental motor vehicle. Expense vouchers
submitted by members of the various professional licensing
policy
boards or the
licensing board are subject to approval of
the president or chairperson of the respective board and the
division
director of
professional licensing.
(g)
All meetings and hearings of the respective professional licensing
policy
boards and the
licensing board shall be held in the
capitol, at the site of the office of the respective board, or at such other
site as may be requested by the chairperson or president of a professional
licensing
policy
board and approved by the
division
director of
professional licensing regardless of the
location.
(h)
A majority of the appointed members of a professional licensing
policy
board and of
the licensing board shall constitute a
quorum for the transaction of business by that board.
(h.1)
Members of a professional licensing
policy
board shall serve until the expiration of the term for which they were appointed
and until their successors have been appointed and qualified unless otherwise
specified under the provisions of this title.
(i)
A schedule of all meetings and hearings of the various professional licensing
policy
boards shall be maintained
either
at the office of the
division
director of
professional licensing or online and be
available for public review.
(j)
The
division
director
licensing
board may establish administrative
standards for the examination of applicants for licensure
by
for
the various
professional
licensing boards
professions
governed by this title, notwithstanding
any other provisions of law to the contrary. These administrative standards may
include the setting of
the
date, time, and location of
examinations,
subject to the approval of the respective professional licensing
boards. Notwithstanding any other
provisions of law to the contrary, examination criteria, examination grading
procedures, examination fees, examination passing score requirements, and other
matters pertaining to the examination of applicants for licensure may be adopted
by rules of the
respective
professional licensing boards
licensing
board as necessary to implement such
examination standards. Examination standards, including examination criteria,
grading procedures, and passing score requirements, developed in agreement or in
conjunction with a national association of state boards or other related
national association for the administration of a nationally recognized uniform
examination may be adopted in lieu of state standards by the
respective
professional licensing boards
licensing
board.
(k)
The
division
director of
professional licensing shall prepare and
maintain a roster containing the names and addresses of all current licensees
for each of the various professional licensing
policy
boards. A copy of this roster shall be available to any person upon request at
a fee prescribed by the
division
director of
professional licensing sufficient to cover
the cost of printing and distribution. The following shall be treated as
confidential and need not be disclosed without the approval of the
professional
licensing board to which application is
made
director:
(1)
Applications and other personal information submitted by
applicants,
except to the applicant, staff, and the
board;
(2)
Information, favorable or unfavorable, submitted by a reference source
concerning an
applicant,
except to the staff and the
board;
(3)
Examination questions and other examination
materials,
except to the staff and the board;
and
(4)
The deliberations of the
director of
professional licensing and the licensing
board with respect to an application,
an
examination,
a
complaint,
an
investigation, or
a
disciplinary
proceeding,
except as may be contained in official board
minutes.
(l)
Funding for the office of the
division
director of
professional licensing, the licensing
board, and the various professional
licensing
policy
boards served by such office shall be contained in a common budget unit as
defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget
Act.'
43-1-3.
(a)
It shall be the duty of the
division
director of
professional licensing:
(1)
To implement and enforce rules and regulations adopted by the licensing
board;
(2)
To issue, deny, or reinstate the licenses, certificates, or permits of duly
qualified applicants for licensure, certification, or permits;
(3)
To revoke, suspend, issue terms and conditions, place on probation, limit
practice of, fine, require additional training for, require community service
of, or otherwise sanction licensees, certificate holders, or permit
holders;
(4)
To renew licenses, certificates, and permits and set renewal and expiration
dates and application and other deadlines;
(5)
Where necessary and appropriate, to establish a pool of licensed and qualified
professionals to act as peer reviewers and expert witnesses and to appoint or
contract with persons professionally qualified by education and training,
professional associations, or other professionally qualified organizations to
serve as peer reviewers and expert witnesses; provided, however, that no
licensing, investigative, or disciplinary duties or functions of the director
shall be delegated to any professional association or related entity by contract
or otherwise;
(6)
To keep a docket of public proceedings, actions, and filings;
(7)
To set office hours;
(8)
To initiate investigations for the purposes of discovering violations of this
title;
(9)
To administer oaths, subpoena witnesses and documentary evidence, and take
testimony in all matters relating to his or her duties;
(10)
To dispose of contested cases by stipulation, agreed settlement, consent order,
or default pursuant to paragraph (4) of subsection (a) of Code Section
50-13-13;
(11)
To conduct investigative interviews;
(12)
To issue cease and desist orders to stop the unlicensed practice of any
profession licensed, certified, or permitted under this title and impose
penalties for such violations;
(13)
To request injunctive relief or refer cases for criminal prosecution to
appropriate enforcement authorities;
(14)
To release investigative or applicant files to another enforcement agency or
lawful licensing authority in another state;
(1)(15)
To bring together and keep all records relating to the professional licensing
policy
boards
and the
licensing board;
(2)(16)
To receive all applications for licenses;
(3)(17)
To
With the
consent of the board concerned, to
schedule the time and place for examinations;
(4)(18)
To schedule the time and place for all hearings;
(5)
To issue certificates upon authority of the professional licensing board
concerned; and
(6)(19)
Except as otherwise provided by law, to collect all fees required by law in
connection with the licensing of trades and professions
under such
boards
licensed by
the director and to remit the same to the
state treasurer for deposit into the general fund of the state. Notwithstanding
any other provision of law, the
division
director of
professional licensing is authorized to
retain all funds received as collection fees for use in defraying the cost of
collection of fees required under this
chapter
title from any
person required to be licensed by the
director; provided, however, that nothing
in this Code section shall be construed so as to allow the
division
director of
professional licensing to retain any funds
required by the Constitution
of
Georgia to be paid into the state
treasury; and provided, further, that the
division
director of
professional licensing shall comply with
all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget
Act,' except Code Section 45-12-92, prior to expending any such
funds;
and
(20)
To be served with any notice or legal process necessary to be served upon the
licensing board.
(b)
It shall be
the duty of the professional licensing policy boards:
(1)
When requested by the director of professional licensing or the licensing board,
to evaluate evidence based on experience, technical competence, and specialized
knowledge for the purpose of providing a recommendation to the director or
licensing board, as applicable;
(2)
To provide advice on proposed rules and regulations to the licensing board upon
request;
(3)
To propose rules for consideration by the licensing board;
(4)
Upon request by the licensing board, to act as peer reviewers and expert
witnesses for hearings before the licensing board; provided, however, that no
licensing, investigative, or disciplinary duties or functions of the director
shall be delegated; and
(5)
Where necessary and appropriate, to establish a pool of licensed and qualified
professionals to act as peer reviewers and expert witnesses professionally
qualified by education and training, professional associations, or other
professionally qualified organizations to serve as peer reviewers and expert
witnesses; provided, however, that no licensing, investigative, or disciplinary
duties or functions of the director or licensing board shall be delegated to any
professional association or related entity by contract or
otherwise.
All orders
and processes of the professional licensing boards shall be signed and attested
by the division director, or his or her designee, in the name of the particular
professional licensing board, with the seal of such board attached. Any notice
or legal process necessary to be served upon any of the professional licensing
boards may be served upon the division director.
43-1-3.1.
(a)
A disciplinary or punitive action of the director of professional licensing,
including, without limitation, a compliance order, a cease and desist order, a
suspension or nonrenewal of a license, or a fine, taken pursuant to the
provisions of this title or the rules and regulations of the licensing board may
be made without a hearing before the director; provided, however, that any such
action shall not become effective until 30 days following the date of service
upon the person against whom such action is taken. The director may, however,
enter into a consent order at any time prior to or after the time such notice
has been served.
(b)
Any action of the director of professional licensing pursuant to subsection (a)
of this Code section shall be taken in compliance with the provisions of this
Code section; provided, however, that the provisions of Code Sections 50-13-4
and 50-13-18 relating to emergency actions, as now or hereafter amended, are
incorporated by reference in this Code section. All persons against whom such
action is taken shall be served with notice stating the action taken, notifying
the person served that he or she has the right to petition for a hearing, and
stating that the action or order shall become effective on the thirtieth day
following the date of service unless the person petitions the licensing board
for an administrative hearing.
(c)
If, within 30 days after having been served with notice of an action by the
director, the person against whom the action was taken appeals to the licensing
board for a hearing, the action shall be stayed pending a decision by the
licensing board following such a hearing. Such administrative hearing shall be
conducted by the licensing board in accordance with Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.'
(d)
Hearings before the licensing board shall be scheduled as soon as practicable.
If any licensee or applicant after reasonable notice fails to appear at any
hearing of the licensing board for that licensee or applicant, the licensing
board may proceed to hear the evidence against such licensee or applicant and
take action as if such licensee or applicant had been present.
(e)
Judicial review of a final decision of the licensing board may be had solely in
the Superior Court of Bibb County.
(f)
Service of notice of an action taken or time for a hearing scheduled pursuant to
this Code section shall be served personally upon the licensee or applicant or
served by certified mail or statutory overnight delivery, return receipt
requested, to the last known address of record with the director or, if the
recipient does not have an address on record with the director, an address
obtained from any reliable source. If such material is served by certified mail
or statutory overnight delivery and is returned marked 'unclaimed' or 'refused'
or is otherwise undeliverable and if the licensee or applicant cannot, after
diligent effort, be located, the director, or his or her designee, shall be
deemed to be the agent for service for such licensee or applicant for purposes
of this Code section, and service upon the director, or the director's designee,
shall be deemed to be service upon the licensee or applicant.
(g)
In the event of a conflict between the provisions of this Code section and any
other provision of this title, the provisions of this Code section shall prevail
unless otherwise provided with an express reference to this Code
section.
43-1-4.
(a)
The
division
director of
professional licensing shall determine the
expiration, renewal, and penalty dates for each license and certificate issued
by the
professional
licensing boards through the office of the
division director
of
professional licensing which is subject to
renewal.
Before
becoming effective, these expiration, renewal, and penalty dates must be
approved by the respective professional licensing boards.
(b)
Each license and certificate issued by the
professional
licensing boards through the office of the
division director
of
professional licensing which
are
is
subject to renewal shall be valid for up to two years and shall be renewable
biennially on the renewal date established by the
division
director of
professional
licensing,
as approved by the respective professional licensing
boards.
(c)
The
division
director is authorized to adopt the necessary rules and regulations to implement
the biennial renewal of licenses and certificates in such manner as to ensure
that the number of renewals is reasonably evenly distributed throughout each
two-year period.
43-1-5.
Persons
hired for the purpose of conducting investigations
for the
professional licensing boards shall be designated as
investigators
of any person,
profession, or business required to be licensed by the director shall be peace
officers with the Secretary of State's investigative section pursuant to
subsection (b) of Code Section 35-8-10,
and any person so designated shall have all the powers of a peace officer of
this state when engaged in the enforcement of this title or of any of the laws
creating or related to the
office of the
director of professional licensing
boards
or the
licensing board. Such investigators shall
be authorized,
upon the
written approval of the division director,
notwithstanding Code Sections 16-11-126 and 16-11-129, to carry
firearms.
43-1-6.
The
venue of any action involving the
members of
any professional licensing board
office of the
director of professional licensing shall
be governed
by the laws of this state pertaining to venue. The division director shall not
be considered a member of any such board in determining the venue of any such
action; and no court shall have jurisdiction of any such action solely by virtue
of the division director residing or maintaining a residence within its
jurisdiction
solely in the
Superior Court of Bibb
County.
43-1-7.
Each
professional licensing board
The director
of professional licensing is authorized to
charge an examination fee, license fee, license renewal fee, or similar
fee,
and
may
the licensing
board shall establish the amount of the
fee to be charged. Each fee so established shall be reasonable and shall be
determined in such a manner that the total amount of fees charged by the
director
of professional licensing
board
shall approximate the total of the direct and indirect costs to the state of the
operations of the
board
office of the
director of professional licensing. Fees
may be refunded for good cause, as determined by the
division
director.
43-1-8.
Reserved.
43-1-9.
Any
applicant taking an examination required by
any
professional
any law
relating to a profession licensed by the director or any rule of
the licensing
board,
except for
examinations relating to the State Board
of Accountancy and the Georgia Board of
Nursing,
shall receive points in the following manner:
(1)
Any applicant who served on active duty in the armed forces of the United States
or on active duty in a reserve component of the armed forces of the United
States, including the National Guard, for a period of one year or more, of which
at least 90 days were served during wartime or during any conflict when military
personnel were committed by the President of the United States, shall be
entitled to a credit of five points. Such points shall be added by the person
grading the examination to the grade made by the applicant in answering the
questions propounded in any such examination;
(2)
Any applicant who is a disabled veteran and who served on active duty in the
armed forces of the United States or on active duty in a reserve component of
the armed forces of the United States, including the National Guard, during
wartime or during any conflict when military personnel were committed by the
President of the United States shall be entitled to a credit of five points if
the disability was for an injury or illness incurred in the line of duty and
such disability is officially rated at less than 10 percent at the time of
taking the examination. Such points shall be added by the person grading the
examination to the grade made by the applicant in answering the questions
propounded in any such examination; and
(3)
Any applicant who is a disabled veteran who served on active duty in the armed
forces of the United States or on active duty in a reserve component of the
armed forces of the United States, including the National Guard, during wartime
or during any conflict when military personnel were committed by the President
of the United States shall be entitled to a credit of ten points if the
disability was for an injury or illness incurred in the line of duty and such
disability is officially rated at 10 percent or above at the time of taking the
examination. Such points shall be added by the person grading the examination
to the grade made by the applicant in answering questions propounded in any such
examination.
43-1-10.
If
an examination given by
a
the director
of professional licensing
board
is required in parts or by subjects and the applicant is required to make a
minimum grade on each of the parts or subjects, the points to which the
applicant is entitled shall be added to the grade made on each part or subject
before the average of his or her grade on all of the parts or subjects is
determined.
43-1-11.
A
person grading an examination required by
a
professional
any law
relating to a profession licensed by the director or any rule of
the licensing board shall first grade the
examination without reference to veteran credit, determining thereafter from the
proof submitted whether an applicant is a veteran and is entitled to such
credit; if so, the credit shall be added; and if after such addition the
applicant equals or exceeds the grade required to pass the examination, the
applicant shall be entitled to be certified as having passed the
examination.
43-1-12.
It
shall be the duty of the
division
director of
professional licensing to inform
applicants taking the examination of the provisions of Code Sections 43-1-9
through 43-1-11 and Code Section 43-1-13. The
division
director of
professional licensing shall make such
rules and regulations as are necessary in order to carry out the terms of Code
Sections 43-1-9 through 43-1-11 and Code Section 43-1-13.
43-1-13.
The
provisions of Code Sections 43-1-9 through 43-1-12 relating to points to be
allowed to veterans shall apply to any applicant, male or female, who comes
within the classes specified in those Code sections except that such provisions
shall not apply in any instance to an applicant who has not been honorably
discharged.
43-1-14.
The
Governor is authorized to appoint any person who is otherwise qualified as
provided by law to serve as a member of any professional licensing
policy
board for a regular term or for an unexpired term, notwithstanding the fact that
the law creating such board requires the Governor to appoint members from a list
of nominees submitted by a private organization or association.
43-1-15.
(a)
All carnivals, road shows, and tent shows and all other itinerant entertainment
not presented within any regularly licensed theater, auditorium, or other
building permitted to be used for the offering of entertainment for value shall,
before opening to the public or offering any amusement, entertainment, or other
service to the public for value within this state:
(1)
Designate a resident of this state as agent and lawful attorney in fact upon
whom may be served all summons or other lawful processes in any action or
proceeding against such carnival, circus, road show, tent show, or other
itinerant show or itinerant entertainment for any action arising as a result of
its appearance in this state. The name and address of such resident agent shall
be filed with the judge of the probate court of each county in which such
carnival, circus, or show is to be held. If no resident agent has been
designated, the Secretary of State shall become such agent with all the
foregoing authority, and service of such process shall be made by serving a copy
of the petition with process attached thereto on the Secretary of State or an
employee in his
or
her office designated by the Secretary of
State as an agent to receive service in his
or
her name, or his
or
her successor in office, along with a copy
of the affidavit to be submitted to the court pursuant to this Code section, and
such service shall be sufficient service upon any such carnival, circus, or
show, provided that notice of such service and a copy of the petition and
process are forthwith sent by registered or certified mail or statutory
overnight delivery by the plaintiff or his
or
her agent to the defendant, if its address
is known, and that the defendant's return receipt and the plaintiff's affidavit
of compliance herewith are appended to the summons or other process and are
filed with
said
such
summons, petition, and other papers in the case in the court in which the action
is pending. The Secretary of State shall charge and collect a fee as set out in
Code Section 45-13-26 for service of process on him
or
her under this Code section;
(2)
Secure an insurance policy or a bond, affording coverage to such carnival,
circus, or show for the extent of its stay within this state,
which
and
such insurance policy or bond shall be
subject to any personal injury or death or property damages to the following
limits:
(A)
An indemnity bond subject to a limit of $100,000.00; or
(B)
An insurance policy or public liability bond subject to a limit of $50,000.00
for personal injury or death or property damage sustained by any one person and
subject to a limit of $100,000.00 for personal injuries or death or property
damages sustained by two or more persons as a result of any one accident or
event; and
(3)
File a copy of such insurance policy or bond with the judge of the probate court
in the county where the carnival, circus, or show is to be held or with both the
judge of the probate court and the Secretary of State. The Secretary of State is
authorized and directed to issue, upon the request of any carnival, circus, or
show filing a copy of such insurance policy or bond in his
or
her office, a certificate of filing,
stating the coverage afforded by the policy or bond and the effective dates,
which
and
the certificate may be filed with the
judge of the probate court of the county where the carnival, circus, or show is
to be held in lieu of a copy of the policy or bond. The Secretary of State is
authorized to prescribe and require such terms and conditions in such policies
as he or
she may deem necessary or advisable to
protect the interests of the public in carrying out the purposes of this Code
section, and he
or
she is further authorized to prescribe and
require use of a standard form of bond and policy for use under this Code
section.
(b)
Any owner, manager, employee, or other person, excluding landowners on whose
land a carnival, circus, road show, or itinerant show is operated, who shall
cause or grant permission, either actual or constructive, to any carnival,
circus, road show, tent show, or other itinerant show or itinerant entertainment
or any part thereof to operate in violation of this Code section shall be guilty
of a misdemeanor.
43-1-16.
Each
person appointed by the Governor as a member of a professional licensing
policy
board shall be confirmed by the Senate; and any such appointment made when the
Senate is not in session shall be effective until the appointment is acted upon
by the Senate.
43-1-17.
The
Governor, after notice and opportunity for hearing, may remove from office any
member of a professional licensing
policy
board or the
licensing board for any of the
following:
(1)
Inability or neglect to perform the duties required of members;
(2)
Incompetence; or
(3)
Dishonest conduct.
43-1-18.
Without
affecting the eligibility to vote of any other member of a professional
licensing
policy
board, each consumer member of a professional licensing
policy
board shall be eligible to vote on all matters brought before that
board.
43-1-19.
(a)
A
The director
of professional licensing
board
shall have the authority to refuse to grant a license to an applicant
therefor
or to revoke the license of a person licensed by
that
board
the
director or to discipline a person
licensed by
that
board
the
director, upon a finding by
a majority
of the entire board
the director
of professional licensing that the
licensee or applicant has:
(1)
Failed to demonstrate the qualifications or standards for a license contained in
this Code section, or under the laws, rules, or regulations under which
licensure is sought or held; it shall be incumbent upon the applicant to
demonstrate to the satisfaction of the
board
director of
professional licensing that he or she
meets all the requirements for the issuance of a license, and, if the
board
director of
professional licensing is not satisfied as
to the applicant's qualifications,
it
he or
she may deny a license
without a
prior hearing; provided, however, that the
applicant shall
be allowed
to appear before the board if he or she so
desires
entitled to
notice and the opportunity for a hearing as provided in Code Section
43-1-3.1;
(2)
Knowingly made misleading, deceptive, untrue, or fraudulent representations in
the practice of a business or profession licensed
under this
title
by the
director or on any document connected
therewith;
or
practiced fraud or deceit or intentionally made any false statement in obtaining
a license to practice the licensed business or profession; or made a false
statement or deceptive registration with the
board
director of
professional licensing;
(3)
Been convicted of any felony or of any crime involving moral turpitude in the
courts of this state or any other state, territory, or country or in the courts
of the United States; as used in this paragraph and paragraph (4) of this
subsection, the term 'felony' shall include any offense which, if committed in
this state, would be deemed a felony, without regard to its designation
elsewhere; and, as used in this paragraph, the term 'conviction' shall include a
finding or verdict of guilty or a plea of guilty, regardless of whether an
appeal of the conviction has been sought;
(4)
Been arrested, charged, and sentenced for the commission of any felony, or any
crime involving moral turpitude, where:
(A)
First offender treatment without adjudication of guilt pursuant to the charge
was granted; or
(B)
An adjudication of guilt or sentence was otherwise withheld or not entered on
the charge, except with respect to a plea of nolo contendere.
The
order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42,
relating to probation of first offenders, or other first offender treatment
shall be conclusive evidence of arrest and sentencing for such
crime;
(5)
Had his or her license to practice a business or profession licensed
under this
title
by the
director revoked, suspended, or annulled
by any lawful licensing authority other than the
board
director;
or
had other disciplinary action taken against him or her by any such lawful
licensing authority other than the
board
director;
or
was denied a license by any such lawful licensing authority other than the
board
director,
pursuant to disciplinary proceedings; or was refused the renewal of a license by
any such lawful licensing authority other than the
board
director,
pursuant to disciplinary proceedings;
(6)
Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious
conduct or practice harmful to the
public,
which conduct or practice
that
materially affects the fitness of the licensee or applicant to practice a
business or profession licensed under this
title,
or
is
of a nature likely to jeopardize the interest of the
public,
which;
such conduct or practice need not have
resulted in actual injury to any person or be directly related to the practice
of the licensed business or profession but shows that the licensee or applicant
has committed any act or omission which is indicative of bad moral character or
untrustworthiness;
unprofessional.
Unprofessional conduct shall also include
any departure from, or the failure to conform to, the minimal reasonable
standards of acceptable and prevailing practice of the business or profession
licensed
under this
title
by the
director;
(7)
Knowingly performed any act which in any way aids, assists, procures, advises,
or encourages any unlicensed person or any licensee whose license has been
suspended or revoked by
a
professional
the director
of professional licensing or the licensing
board to practice a business or profession licensed
under this
title
by the
director or to practice outside the scope
of any disciplinary limitation placed upon the licensee by the
licensing
board or the
director of professional
licensing;
(8)
Violated a statute, law, or any rule or regulation of this state, any other
state, the
professional
licensing board
regulating
the business or profession licensed under this
title,
the director
of professional licensing, the United
States, or any other lawful authority
(without
regard to whether the violation is criminally
punishable),
which when
such statute, law, or rule or regulation
relates to or in part regulates the practice of a business or profession
licensed
under this
title,
by the
director and when the licensee or
applicant knows or should know that such action
is
violative of
violates
such statute, law, or rule; or violated a lawful order of the
director or
the licensing board previously entered
by the
board in a disciplinary
hearing
action,
consent decree, or license reinstatement;
(9)
Been adjudged mentally incompetent by a court of competent jurisdiction within
or outside this state; any such adjudication shall automatically suspend the
license of any such person and shall prevent the reissuance or renewal of any
license so suspended for
as
so
long as the adjudication of incompetence is in effect;
(10)
Displayed an inability to practice a business or profession licensed
under this
title
by the
director with reasonable skill and safety
to the public or has become unable to practice the licensed business or
profession with reasonable skill and safety to the public by reason of
illness,
or
use of alcohol, drugs, narcotics, chemicals, or any other type of
material;
(11)
Failed to comply with an order for child support as defined by Code Section
19-11-9.3; it shall be incumbent upon the applicant or licensee to supply a
notice of release to the
board
director of
professional licensing from the child
support agency within the Department of Human Services indicating that the
applicant or licensee has come into compliance with an order for child support
so that a license may
issue
be
issued or
be
granted if all other conditions for licensure are met; or
(12)
Failed to enter into satisfactory repayment status and is a borrower in default
as defined by Code Section 20-3-295; it shall be incumbent upon the applicant or
licensee to supply a notice of release to the
board
director of
professional licensing from the Georgia
Higher Education Assistance Corporation indicating that the applicant or
licensee has entered into satisfactory repayment status so that a license may be
issued or granted if all other conditions for licensure are met.
(b)
An order of
the director of professional licensing for the revocation, suspension,
annulment, or withdrawal of any license may be made without a hearing before the
director; provided, however, that the licensee shall be entitled to notice and
the opportunity for a hearing as provided in Code Section
43-1-3.1.
The
provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act,' with respect to emergency action by a professional licensing board and
summary suspension of a license are adopted and incorporated by reference into
this Code section.
(c)
For purposes of this Code section,
a
the director
of professional licensing
board
may obtain, through subpoena
by the
division director, upon reasonable
grounds, any and all records relating to the mental or physical condition of a
licensee or applicant, and such records shall be admissible in any hearing
before the
licensing
board.
(d)
When
a
the director
of professional licensing
board
finds that any person is unqualified to be granted a license or finds that any
person should be disciplined pursuant to subsection (a) of this Code section or
the laws, rules, or regulations relating to the business or profession licensed
by the
board, the
board
director of
professional licensing may take any one or
more of the following actions:
(1)
Refuse to grant or renew a license to an applicant;
(2)
Administer a public or private reprimand, but a private reprimand shall not be
disclosed to any person except the licensee;
(3)
Suspend any license for a definite period or for an indefinite period in
connection with any condition which may be attached to the restoration of
said
such
license;
(4)
Limit or restrict any license as the
board
director of
professional licensing deems necessary for
the protection of the public;
(5)
Revoke any license;
(6)
Condition the penalty upon, or withhold formal disposition pending, the
applicant's or licensee's submission to such care, counseling, or treatment as
the
board
director of
professional licensing may
direct;
(7)
Impose a fine not to exceed $500.00 for each violation of a law, rule, or
regulation relating to the licensed business or profession; or
(8)
Impose on a licensee or applicant fees or charges in an amount necessary to
reimburse the
office of the
director of professional licensing
board
for the administrative and legal costs incurred
by the
board in conducting an investigative or
disciplinary proceeding.
(e)
In addition to and in conjunction with the actions described in subsection (d)
of this Code section,
a
the director
of professional licensing
board
may make a finding adverse to the licensee or applicant but withhold imposition
of judgment and penalty; or
it
he or
she may impose the judgment and penalty
but suspend enforcement thereof and place the licensee on probation, which
probation
may be vacated upon
noncompliance
compliance
with such reasonable terms as the
board
director of
professional licensing may
impose.
(f)
An action of
the director of professional licensing taken pursuant to this Code section or
the laws, rules, or regulations relating to a business or profession licensed by
the director of professional licensing shall be taken in compliance with the
provisions of Code Section 43-1-3.1.
Initial judicial review of a final decision of
a
professional
the
licensing board
shall
may
be had solely in the
superior
court of the county of domicile of the
board
Superior Court
of Bibb County. The court may assess
reasonable and necessary attorney's fees and expenses of litigation in any such
review if, upon the motion of any party or the court itself, it finds that an
attorney or any party aggrieved by an action of the
licensing
board appealed such action of the
licensing
board or any part thereof when such appeal lacked substantial justification or
when such appeal or any part thereof was interposed for delay or harassment or
if it finds that an attorney or aggrieved party unnecessarily expanded the
proceeding by other improper conduct. As used in this subsection, 'lacked
substantial justification' means substantially frivolous, substantially
groundless, or substantially vexatious.
(g)
In its
discretion, a
The director
of professional licensing
board
in his or her
discretion may reinstate a license which
has been revoked or issue a license which has been denied or refused, following
such procedures as the
licensing
board may prescribe by rule; and, as a condition thereof,
it
the
director may impose any disciplinary or
corrective method provided in this Code section or the laws relating to the
licensed business or profession title.
(h)(1)
The
division
director of
professional licensing is vested with the
power and authority to make, or cause to be made through employees or agents
of the
division, such investigations as he or she
or a
respective
the
licensing board may deem necessary or
proper for the enforcement of the provisions of this Code section and the laws
relating to businesses and professions licensed by
that
board
the
director. Any person properly conducting
an investigation on behalf of
a
professional
the
licensing board
or the
director shall have access to and may
examine any writing, document, or other material relating to the fitness of any
licensee or applicant. The
division
director or his or her appointed representative may issue subpoenas to compel
access to any writing, document, or other material upon a determination that
reasonable grounds exist for the belief that a violation of this Code section or
any other law relating to the practice of the licensed business or profession
subject to regulation or licensing by
such
board
the
director may have taken
place.
(2)
The results of all investigations initiated by the
board
director
shall be reported solely to the
board
director,
and the records of such investigations shall be kept
for the
board by the
division
director, with the
licensing
board retaining the right to have access at any time to such records
in the event a
hearing before the licensing board is
requested. No part of any such records
shall be
released,
except to the board, for any purpose other
than a hearing before the
licensing
board or for
the purpose of evaluating and issuing a recommendation by the professional
licensing policy board pursuant to subsection (b) of Code Section
43-1-3, nor shall such records be subject
to subpoena; provided, however, that the
board
director of
professional licensing shall be authorized
to release such records to another enforcement agency or lawful licensing
authority.
(3)
If a licensee is the subject of
a
board
an
inquiry by the
director of professional licensing, all
records relating to any person who receives services rendered by that licensee
in his or her capacity as licensee shall be admissible at any hearing held to
determine whether a violation of this chapter has taken place, regardless of any
statutory privilege; provided, however, that any documentary evidence relating
to a person who received those services shall be reviewed in camera and shall
not be disclosed to the public.
(4)
The
licensing
board shall have the authority to exclude all persons during its deliberations
on disciplinary proceedings and to discuss any disciplinary matter in private
with a licensee or applicant and the legal counsel of that licensee or
applicant.
(5)
When a member of the public files a complaint with
a
the director
of professional licensing
board or
the division director against a licensee,
within 30 days after the conclusion of the investigation of such complaint, the
director
of professional licensing
board or
the division director shall
notify
cause
the complainant of the disposition
to be
notified of such complaint. Such
notification shall include whether any action was taken
by the
board with regard to such complaint and
the nature of such action. In addition, the
division
director
and the
board shall
may,
upon request by the
complainant,
advise the complainant as to the status of the complaint during the period of
time that such complaint is pending.
(i)
A person, firm, corporation, association, authority, or other entity shall be
immune from civil and criminal liability for reporting or investigating the acts
or omissions of a licensee or applicant which violate the provisions of
subsection (a) of this Code section or any other provision of law relating to a
licensee's or applicant's fitness to practice a business or profession licensed
under this title or for initiating or conducting proceedings against such
licensee or applicant, if such report is made or action is taken in good faith,
without fraud or malice. Any person who testifies or who makes a recommendation
to a professional licensing
policy
board in the nature of peer review, in good faith, without fraud or malice,
before the
licensing
board in any proceeding involving the provisions of subsection (a) of this Code
section or any other law relating to a licensee's or applicant's fitness to
practice the business or profession licensed by the
board
director of
professional licensing shall be immune
from civil and criminal liability for so testifying.
(j)
Neither the issuance of a private reprimand nor the denial of a license by
reciprocity nor the denial of a request for reinstatement of a revoked license
nor the refusal to issue a previously denied license shall be considered to be a
contested case within the meaning of Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act'; notice and hearing within the meaning of said
chapter shall not be required, but the applicant or licensee shall be allowed to
appear before the
licensing
board if he or she so requests.
The director
of professional licensing
A
board may resolve a pending action by the
issuance of a letter of concern. Such letter shall not be considered a
disciplinary action or a contested case under Chapter 13 of Title 50 and shall
not be disclosed to any person except the licensee or applicant.
(k)
The director
may refer any contested case involving a licensee or applicant to the licensing
board for a hearing, review, or other proceeding in accordance with Chapter 13
of Title 50, the 'Georgia Administrative Procedure
Act.' If any licensee or applicant after
reasonable notice fails to appear at any hearing of the
professional
licensing board for that licensee or applicant, the
licensing
board may proceed to hear the evidence against such licensee or applicant and
take action as if such licensee or applicant had been present. A notice of
hearing, initial or recommended decision, or final decision of the
licensing
board in a disciplinary proceeding shall be served personally upon the licensee
or applicant or served by certified mail or statutory overnight delivery, return
receipt requested, to the last known address of record with the
board
director;
provided, however, that notice may be waived by instrument in writing executed
before or after the meeting; and provided, further, that attendance at a meeting
of the licensing board shall constitute a waiver of
notice. If such material is served by
certified mail or statutory overnight delivery and is returned marked
'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or
applicant cannot, after diligent effort, be located, the
division
director of
professional licensing, or his or her
designee, shall be deemed to be the agent for service for such licensee or
applicant for purposes of this Code section, and service upon that director, or
that director's designee, shall be deemed to be service upon the licensee or
applicant.
(l)
The voluntary surrender of a license or the failure to renew a license by the
end of an established penalty period shall have the same effect as a revocation
of
said
such
license, subject to reinstatement in the discretion of
a
board
the director
of professional licensing.
A
board
The director
of professional licensing may restore and
reissue a license to practice under the
relevant
law
relating to
that board and, as a condition thereof,
may impose any disciplinary sanction provided by this Code section or the
relevant
law
relating to
that board.
(m)
This Code section shall apply equally to all licensees or applicants whether
individuals, partners, or members of any other incorporated or unincorporated
associations, corporations, limited liability companies, or other associations
of any kind whatsoever.
(n)
Regulation by
a
professional
the director
and the licensing board of a business or
profession licensed under this title shall not exempt that business or
profession from regulation pursuant to any other applicable law, including but
not limited to Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business
Practices Act of 1975.'
(o)
Subsections (a), (d), and (e) of this Code section shall be supplemental to and
shall not operate to prohibit
any
the director
of professional licensing
board
from acting pursuant to those provisions of law which may now or hereafter
authorize other disciplinary grounds and actions
for that
particular board. In cases where those
other provisions of law so authorize other disciplinary grounds and actions but
subsection (a), (d), or (e) of this Code section
limit
limits
such grounds or actions, those other provisions shall apply.
43-1-19.1.
(a)
For the purposes of applicable provisions of Code Section 43-1-19, it shall be
considered a deceptive or misleading practice for any person duly licensed and
authorized to provide any type of health care services to advertise, as an
inducement to attract patients, the waiver of a deductible or copayment required
to be made to such person under the patient's health insurance policy or
plan.
(b)
This Code section shall not apply to nonprofit community health centers which
primarily serve indigent patients.
(c)
Notwithstanding the provisions of any other law of this Code to the contrary, it
shall not be considered a misleading, fraudulent, or deceptive act for a
provider to waive occasionally such a deductible or copayment required to be
made under the patient's health insurance contract, policy, or plan if the
waiver is authorized by the insurer or if the waiver is based on an evaluation
of the individual patient and is not a regular business practice of the person
providing the health care services.
43-1-19.2.
Each
application for a license to practice a profession or business to be issued by
a
the director
of professional licensing
board
or any agency of the state shall include a question as to whether the applicant
for such license:
(1)
Has had revoked or suspended or otherwise sanctioned any license issued to the
applicant by any board or agency in Georgia or any other state; or
(2)
Was denied issuance of or, pursuant to disciplinary proceedings, refused renewal
of a license by any board or agency in Georgia or any other state.
The
question shall be answered under oath and the answer shall include the name of
the board
or agency
entity
which revoked, suspended, denied, refused renewal of, or otherwise sanctioned
the license.
43-1-20.
The
director of
A
professional licensing
board, the
division director, or the appropriate
prosecuting attorney may bring an action to enjoin the unlicensed practice by
any person of a profession or business required to be licensed by
a
professional licensing board
the
director. The action to restrain and
enjoin such unlicensed practice shall be brought in the superior court of the
county where the unlicensed person resides. It shall not be necessary to allege
or prove that there is no adequate remedy at law to obtain an injunction under
this Code section.
43-1-20.1.
(a)
Notwithstanding any other provisions of the law to the contrary,
after
notice and hearing, a professional licensing
board
the director,
subject to Code Section 43-1-3.1, may
issue a cease and desist order prohibiting any person from violating
the
provisions of this title
any law or
rule relating to the practice of the licensed business or profession subject to
regulation or licensing by the director or the licensing
board by engaging in the practice of a
business or profession without a license
and impose a
fine not to exceed $500.00 for each such
violation.
(b)
The violation of any cease and desist order
of a
professional licensing board issued under
subsection (a) of this Code section shall
after notice
and opportunity for a hearing subject the
person violating the order to further proceedings before the
licensing
board, and the
board
director of
professional licensing shall be authorized
to impose a fine not to exceed $500.00 for each transaction constituting a
violation thereof. Each day that a person practices in violation of this title
shall constitute a separate violation.
(c)
Initial judicial review of the decision of the
licensing
board entered pursuant to this Code section shall be available solely in the
superior
court of the county of domicile of the
board
Superior Court
of Bibb County.
(d)
Nothing in this Code section shall be construed to prohibit
a
the director
of professional licensing
board
from seeking remedies otherwise available by statute without first seeking a
cease and desist order in accordance with the provisions of this Code
section.
43-1-21.
The
division
director of
professional licensing is authorized to
provide to any lawful licensing authority of this or any other state, upon
inquiry by such authority, information regarding a past or pending investigation
of or disciplinary sanction against any applicant for licensure
by that
board or licensee
of that
board notwithstanding the provisions of
subsection (h) of Code Section 43-1-19 or any other law to the contrary
regarding the confidentiality of that information. Nothing in this Code section
or chapter shall be construed to prohibit or limit the authority of that
director to disclose to any person or entity information concerning the
existence of any investigation for unlicensed practice being conducted against
any person who is neither licensed nor an applicant for licensure
by a
professional licensing board.
43-1-22.
The
division
director of
professional licensing may provide for
inactive status licenses
for the
various professional licensing
boards.
43-1-23.
No
licensee of
a professional licensing board shall be
required to file or record his
or
her license with the clerk of the superior
court, and no clerk shall be required to report the filing or recordation of any
such license.
43-1-24.
Any
person licensed by
a
the director
of professional licensing
board
and who practices a 'profession,' as defined in Chapter 7 of Title 14, the
'Georgia Professional Corporation Act,' or who renders 'professional services,'
as defined in Chapter 10 of Title 14, 'The Georgia Professional Association
Act,' whether such person is practicing or rendering services as a
proprietorship, partnership, professional corporation, professional association,
other corporation, limited liability company, or any other business entity,
shall remain subject to regulation by
that
professional licensing board
the
director, and such practice or rendering
of services in that business entity shall not change the law or existing
standards applicable to the relationship between that person rendering a
professional service and the person receiving such service, including but not
limited to the rules of privileged communication and the contract, tort, and
other legal liabilities and professional relationships between such
persons.
43-1-25.
Except
as provided in subsection (o) of Code Section 43-1-19, Code Sections 43-1-16
through 43-1-24 shall apply to
all
the director
of professional licensing
boards
and licenses thereunder, except the Georgia Real Estate Commission and its
licensees, notwithstanding any other law to the contrary, and
each such
professional
the
licensing board may promulgate rules and regulations to implement the authority
provided by the applicability of said provisions
to said
boards.
43-1-26.
Reserved.
43-1-27.
Any
licensed individual who is convicted under the laws of this state, the United
States, or any other state, territory, or country of a felony as defined in
paragraph (3) of subsection (a) of Code Section 43-1-19 shall be required to
notify the
appropriate
director of
professional licensing
authority
of the conviction within ten days of the conviction. The failure of a licensed
individual to notify the
appropriate
director of
professional licensing
authority
of a conviction shall be considered grounds for revocation of his or her
license, permit, registration, certification, or other authorization to conduct
a licensed profession.
43-1-28.
(a)
This Code section shall be known and may be cited as the 'Georgia Volunteers in
Health Care Specialties Act.'
(b)
As used in this Code section, the term:
(1)
'Health care board' means that professional licensing board which licenses a
health care practitioner under this title.
(2)(1)
'Health care practitioner' means a chiropractor, registered professional nurse,
podiatrist, optometrist, professional counselor, social worker, marriage and
family therapist, occupational therapist, physical therapist, physician
assistant, licensed practical nurse, certified nurse midwife, pharmacist,
speech-language pathologist, audiologist, psychologist, or
dietitian.
(3)(2)
'Health care specialty' means the practice of chiropractic, nursing, podiatry,
optometry, professional counseling, social work, marriage and family therapy,
occupational therapy, physical therapy, physician assistance, midwifery,
pharmacy, speech-language pathology, audiology, psychology, or
dietetics.
(4)(3)
'Unrestricted' means that no restrictions have been placed on a health care
practitioner's license by
a health
care
the director
or the licensing board, no sanctions or
disciplinary actions have been imposed by
a health
care
the director
or the licensing board on a health care
practitioner, and a health care practitioner is not under probation or
suspension by
a health
care
the director
or the licensing board.
(c)
Notwithstanding any other provision of law,
each health
care board
the
director shall issue a special license to
qualifying health care practitioners whose health care specialty is licensed by
that
board
the
director under the terms and conditions
set forth in this Code section. The special license shall only be issued to a
person who:
(1)
Is currently licensed to practice the applicable health care specialty in any
health care specialty licensing jurisdiction in the United States and whose
license is unrestricted and in good standing; or
(2)
Is retired from the practice of the health care specialty or, in the case of a
physician assistant, has an inactive license and is not currently engaged in
such practice either full time or part time and has, prior to retirement or
attaining inactive status, maintained full licensure unrestricted in good
standing in the applicable health care specialty licensing jurisdiction in the
United States.
(d)
The special licensee shall be permitted to practice the health care specialty
only in the noncompensated employ of public agencies or institutions, not for
profit agencies, not for profit institutions, nonprofit corporations, or not for
profit associations which provide health care specialty services only to
indigent patients in areas which are underserved by that specialty or critical
need population areas of the state, as determined by the
licensing
board which
licenses that specialty, or pursuant to
Article 8 of Chapter 8 of Title 31.
(e)
The person applying for the special license under this Code section shall submit
to the
appropriate
health care board
director
a copy of his or her health care specialty degree, a copy of his or her health
care specialty license in his or her current or previous licensing and
regulating jurisdiction, and a notarized statement from the employing agency,
institution, corporation, association, or health care program on a form
prescribed by
that
the
licensing board
and provided
by the director, whereby he or she agrees
unequivocally not to receive compensation for any health care specialty services
he or she may render while in possession of the special license.
(f)
Examinations by the
health care
board
director,
any application fees, and all licensure and renewal fees may be waived for the
holder of the special license under this Code section.
(g)
If, at the time application is made for the special license, the health care
practitioner is not in compliance with the continuing education requirements
established by
the health
care board
this
title for the applicable health care
specialty, the health care practitioner shall be issued a nonrenewable temporary
license to practice for six months provided the applicant is otherwise qualified
for such license.
(h)(1)
Except as provided for in paragraph (2) of this subsection, the liability of
persons practicing a health care specialty under and in compliance with a
special license issued under this Code section and the liability of their
employers for such practice shall be governed by Code Section 51-1-29.1, except
that a podiatrist engaged in such practice and an employer thereof shall have
the same immunity from liability as provided other health care practitioners
under Code Section 51-1-29.1.
(2)
The liability of persons practicing a health care specialty pursuant to Article
8 of Chapter 8 of Title 31 under and in compliance with a special license issued
under this Code section and the liability of their employers for such practice
shall be governed by the provisions of such article.
(i)
This Code section, being in derogation of the common law, shall be strictly
construed.
43-1-29.
The
director of
A
professional licensing
board
shall suspend the license of a
person
licensed by that board who has been
certified by a federal agency and reported to the
board
director
for nonpayment or default or breach of a repayment or service obligation under
any federal educational loan, loan repayment, or service conditional scholarship
program. Prior to the suspension, the licensee shall be entitled to notice of
the
board's
director's
intended action and opportunity to appear before the
licensing
board according to procedures set forth by the
division
director
licensing
board in rules and regulations. A
suspension of a license under this Code section is not a contested case under
Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'
Act,' but
shall be subject to Code Section 43-1-3.1.
A license suspended under this Code section shall not be reinstated or reissued
until the person provides the
licensing
board
director
written release issued by the reporting agency stating that the person is making
payments on the loan or satisfying the service requirements in accordance with
an agreement approved by the reporting agency. If the person has continued to
meet all other requirements for licensure during the period of suspension,
reinstatement of the license shall be automatic upon receipt of the notice and
payment of any reinstatement fee which the
licensing
board may impose.
43-1-30.
Reserved.
43-1-31.
(a)
As used in this Code section, the term 'service member' means an active duty
member of the regular or reserve component of the United States armed forces,
the United States Coast Guard, the Georgia National Guard, or the Georgia Air
National Guard on ordered federal duty for a period of 90 days or
longer.
(b)
Any service member whose license to practice a profession issued pursuant to any
provision of this title expired while such service member was serving on active
duty outside
the
this
state shall be permitted to practice such profession in accordance with such
expired license and shall not be charged with a violation of this title related
to practicing a profession with an expired license for a period of six months
from the date of his or her discharge from active duty or reassignment to a
location within
the
this
state. Any such service member shall be entitled to renew such expired license
without penalty within six months after the date of his or her discharge from
active duty or reassignment to a location within
the
this
state. The service member must present to the
applicable
professional licensing board
director
either a copy of the official military orders or a written verification signed
by the service member's commanding officer to waive any charges.
ARTICLE
2
43-1-50.
As
used in this article, the term 'licensing board' means the Georgia Board of
Licensing and Regulation created by this article.
43-1-51.
(a)
There is created the Georgia Board of Licensing and Regulation to be composed of
seven members appointed by the Governor. Four of the initial members shall
serve for terms of four years, and three of the initial members shall serve
initial terms of two years. Successors to the initial members shall be
appointed by the Governor to serve terms of four years and until successors are
appointed. Members may succeed themselves. In the event of a vacancy, the
Governor shall appoint a person to fill such vacancy and the person so appointed
shall serve for the remainder of the unexpired term.
(b)
Members of the licensing board shall be residents of Georgia. No person who is
licensed as a professional by the director, and no spouse of such person, shall
serve as a member of the licensing board.
(c)
The members of the licensing board shall annually elect a chairperson, who shall
serve a term of one year and may succeed himself or herself.
43-1-52.
(a)
The licensing board shall meet at least once each calendar quarter, or as often
as is necessary, and remain in session so long as the chairperson shall deem it
necessary to give full consideration to the business before the licensing
board.
(b)
Meetings and hearings of the licensing board shall be held at the site of the
office of the licensing board or at such other site as may be requested by the
chairperson and approved by the director. A majority of the members of the
licensing board shall constitute a quorum for the transaction of business of the
licensing board.
(c)
Each member of the licensing board shall receive a per diem in an amount equal
to the per diem received by members of the General Assembly for each day or
portion thereof spent in serving as members of the licensing board. Each member
of the board shall be paid his or her mileage expenses while engaged in the
business of the licensing board.
43-1-53.
The
licensing board shall be under the jurisdiction of the Secretary of State.
Funding for the licensing board shall be contained in a common budget unit as
defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget
Act.'
43-1-54.
On
and after July 1, 2012, the licensing board shall have the following powers and
duties:
(1)
To adopt, amend, and repeal such rules and regulations in accordance with this
title necessary for the proper administration and enforcement of this
title;
(2)
To review upon receipt of a petition actions of the director of professional
licensing in any matter involving any person of a profession or business
required to be licensed by the director including, without limitation, the
denial of a license or permit, the revocation of a license or permit, and any
fine or sanctions imposed by the director of professional licensing upon a
person licensed or permitted under this title;
(3)
To keep a docket of public proceedings, actions, and filings;
(4)
To adopt necessary rules concerning proceedings before the licensing board not
inconsistent with the provisions of Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act';
(5)
To set examination standards, approve examinations, and set passing score
requirements;
(6)
To establish reasonable fees collected by the director of professional
licensing;
(7)
To conduct hearings, reviews, and other proceedings in accordance with Chapter
13 of Title 50, the 'Georgia Administrative Procedure Act,' in accordance with
this article; and
(8)
To set approved educational and training requirements for licensure and
continuing education, and to approve educational and training
institutions.
43-1-55.
All
rules, regulations, and procedures adopted or implemented by a professional
licensing policy board prior to July 1, 2012, shall remain in full force and
effect as rules, regulations, and procedures of the licensing board until such
time as they are amended, modified, or repealed by the licensing board;
provided, however, that the director of professional licensing shall be
substituted for the professional licensing policy board as the party entitled to
and required to implement and carry out such rules, regulations, and
procedures.
43-1-56.
The
venue of any action involving members of the licensing board shall be the
Superior Court of Bibb County. Initial judicial review of a final decision of
the licensing board shall be had solely in the Superior Court of Bibb
County."
SECTION
1-5.
Said
title is further amended by revising Chapter 3, relating to accountants, as
follows:
"CHAPTER
3
43-3-1.
This
chapter shall
be known and may be cited as the 'Public
Accountancy Act of 1977.'
43-3-2.
As
used in this chapter, the term:
(1)
'Attest' means providing the following financial statement
services:
(A)
Any audit or other engagement to be performed in accordance with the Statements
on Auditing Standards (SAS);
(B)
Any review of a financial statement to be performed in accordance with the
Statements on Standards for Accounting and Review Services (SSARS); provided,
however, that nothing in this definition shall alter the rights of unlicensed
accountants contained in Code Section 43-3-36;
(C)
Any examination of prospective financial information to be performed in
accordance with the Statements on Standards for Attestation Engagements (SSAE);
and
(D)
Any engagement to be performed in accordance with the auditing standards of the
Public Company Accounting Oversight Board.
The
standards specified in this paragraph shall be adopted by reference by the
licensing
board pursuant to rule making and shall be those developed for general
application by recognized national accountancy organizations, such as the
American Institute for Certified Public Accountants and the Public Company
Accounting Oversight Board.
(2)
'Board' means the State Board of
Accountancy, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibilities set forth in such
chapter.
(3)
'Compilation' means providing a service to be performed in accordance with the
Statements on Standards for Accounting and Review Services that presents
information in the form of financial statements that are the representation of
management or owners without undertaking to express any assurance as to the
statements.
(4)
'CPA' means certified public accountant.
(4.1)
'Director' means the director of professional licensing.
(5)
'Firm' means any person, proprietorship, partnership, corporation, association,
or any other legal entity which practices public accountancy.
(6)
'Home office' means the location identified by the client as the address to
which a service described in paragraph (4) of subsection (b) of Code Section
43-3-24 is directed.
(6.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(7)
'Live permit' means a permit issued under Code Section 43-3-24 which is in full
force and effect.
(8)
'Practice of public accountancy' or 'practicing public accountancy' means
offering to perform or performing for a client one or more types of services
involving the use of accounting or auditing skills, one or more types of
management advisory or consulting services, or the preparation of tax returns or
the furnishing of advice on tax matters while holding oneself out in such manner
as to state or imply that one is a licensee.
(9)
'Principal place of business' means the office location designated by the
licensee for purposes of substantial equivalency and reciprocity.
(10)
'State' means the District of Columbia and any state other than this state and
any territory or insular possession of the United States.
43-3-3.
(a)
There is created the State Board of Accountancy
as a
professional licensing policy
board.
(b)
The board shall consist of seven members, to be appointed by the Governor with
the approval of the Senate. Each member of the board shall be a resident of
this state. Six members of the board shall be certified public accountants, all
of whom shall hold a permit to practice public accounting issued under Code
Section 43-3-24. One member shall be appointed from the public at large and
shall be a person to whom neither this state nor any other state has ever issued
a certificate, registration, license, or permit to engage in the practice of
public accounting. The person serving on the board on June 30, 2005, as a
registered public accountant member of the board shall serve the remainder of
the term to which such person was appointed as one of the certified public
accountant members of the board.
(c)
Each member of the board in office on July 1, 1982, shall remain in office until
the expiration of his term and the appointment and approval of his
successor.
(d)
Any appointment or reappointment of board members shall be for a period of four
years. The remaining portion of any unexpired term shall be filled by
appointment by the Governor with the approval of the Senate. Upon the
expiration of his
or
her term of office, a member shall
continue to serve until his
or
her successor shall have been appointed
and shall
have qualified.
(e)
No member of the board shall serve as such for more than two terms, consecutive
or otherwise; and, for purposes of calculating the number of terms served, the
filling of an unexpired term or terms for a total of more than 30 calendar
months shall be treated as the serving of a full term.
(f)
Any member of the board may be removed by the Governor for misconduct,
incompetence, or neglect of duty. The membership on the board of any member
whose permit to practice has expired and has not been renewed, has become void,
or has been revoked or suspended shall be automatically terminated
simultaneously with any such expiration, voiding, revocation, or
suspension.
(g)
Each member of the board shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
43-3-4.
(a)
The board shall elect annually a
chairman
chairperson
from its members.
(b)
The
division
director shall serve as secretary of the board and perform for the board the
duties required of him
or
her as provided in Chapter 1 of this
title.
(c)
Three days' notice of any meeting shall be given by the
chairman
chairperson
or
division
director, provided that notice may be waived by instrument in writing executed
before or after the meeting; provided, further, that attendance at a meeting of
the board shall constitute a waiver of notice thereof. Board meetings may be
conducted by conference telephone calls, and participation in such a conference
call shall constitute attendance at the meeting so conducted. Any action that
might have been taken at a meeting of the board may be taken by the unanimous
written consent of all members of the board.
(d)
The board shall
have a seal
which shall be judicially noticed
perform such
duties as are set forth in subsection (b) of Code Section
43-1-3.
(e)
The
board
director
shall preserve all applications and keep records of all of
it's
the
board's proceedings for six years.
In any
proceeding in court, civil or criminal, arising out of or founded upon this
chapter, copies of the records of the board's proceedings signed by a member of
the board and certified as correct under the seal of the board by the division
director shall be admissible in evidence in any court of this state without
further proof.
(f)
The board may appoint such committees or persons, who need not be members of the
board, to advise or assist it in administration, investigation, and enforcement
of the provisions of this chapter as the board deems necessary and shall be
authorized to compensate any such persons or members of committees who are not
members of the board in such amounts as it shall determine to be
reasonable.
43-3-5.
(a)
The board may promulgate and amend, from time to time, such rules and
regulations, consistent with this chapter and Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act,' as it deems consistent with or required
for the public welfare, for the administration of any provision of this chapter,
or for the orderly conduct of the board's affairs. Such rules and regulations
may include, without limiting the generality of the foregoing:
(1)
Rules of procedure for governing the conduct of matters before the
board;
(2)
Rules of professional conduct for establishing and maintaining high standards of
competence and integrity in the practice of public accountancy;
(3)
Regulations governing educational requirements for certification as a certified
public accountant and registration as a public accountant and prescribing
further educational requirements (requirements of continuing professional
education) to be met from time to time by persons so certified or registered, in
order to maintain their professional knowledge and competence, as a condition to
continuing in the practice of public accountancy;
(4)
Regulations governing individuals or firms engaged in this state in the practice
of public accountancy;
(5)
Regulations governing the registration of offices established or maintained for
the practice of public accountancy in this state and the conditions upon which
such registration shall be granted, including any requirements that the board
may deem necessary to monitor the practice of such office to determine whether
acceptable standards of competence and integrity in the practice of public
accountancy are being maintained; and
(6)
Any and all other rules and regulations which the board deems necessary or
appropriate in exercising its functions under this chapter.
(b)
Prior to the adoption, amendment, or repeal of any rule other than interpretive
rules or general statements of policy, the board shall give notice of its
intended action in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' provided that such comments shall be advisory
only. In connection with any rule-making proceeding, formal or informal, the
board shall have the power to conduct hearings as provided in, and in accordance
with, Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'
Reserved.
43-3-6.
(a)
The certificate of 'certified public accountant' shall be granted by the
board
director
to any person:
(1)
Who has attained the age of 18;
(2)
Who is, in the opinion of the
board
director,
of good moral character;
(3)
Who meets the following requirements of education and experience:
(A)(i)
Presentation to the
board
director
of such evidence as
it
he or
she may require that the applicant has
received a baccalaureate degree or completed the requirements therefor,
conferred by a college or university accredited by a national or regional
accrediting organization recognized by the
licensing
board, with a concentration in accounting or what the
board
director
determines to be the substantial equivalent of an accounting concentration, or
with a nonaccounting concentration supplemented by what the
board
director
determines to be the substantial equivalent of an accounting concentration,
including related courses in other areas of business
administration.
(ii)
After January 1, 1998, any person who has not previously sat for the uniform
written examination for the certificate of certified public accountant must have
completed a total of 150 semester hours or 225 quarter hours of college
education, including a baccalaureate degree awarded by a college or university
accredited by either a national or regional accrediting organization recognized
by the
licensing
board. The total educational program shall include an undergraduate accounting
concentration as defined by the
licensing
board or what the
board
director
determines to be the substantial equivalent of an undergraduate accounting
concentration; and
(B)
One year of continuous experience in public accountancy immediately preceding
the date of application for the certificate or within a reasonable time prior to
the date of such application as provided by the
licensing
board by rule, provided that the
licensing
board may promulgate rules stating certain circumstances which shall constitute
acceptable breaks in the continuity of said experience; and provided, further,
that the
board
director
may accept, in lieu of such year of experience in public accounting, evidence
satisfactory to
it
the
director of one year of continuous
employment in the accounting field in industry, business, government, or college
teaching; any combination of the above; or any combination of the above and
practice of public accountancy immediately preceding the date of application for
the certificate or what the
board
director
determines to be the equivalent thereof; and provided, further, that any person
certified as a certified public accountant under the laws of this state on July
1, 1977, shall be deemed to have the experience in the practice of public
accountancy required by this subparagraph; and
(4)
Who shall have passed an examination approved by the
licensing
board in such related subjects as the
licensing
board deems appropriate.
(b)
For the purposes of this Code section, 'good moral character' means fiscal
integrity and a lack of any history of acts involving dishonesty or moral
turpitude. For failure to satisfy this requirement, the
board
director
may refuse to certify an applicant where
it
the
director finds that there is a substantial
connection between the lack of good moral character of the applicant and the
professional responsibilities of a licensee and the finding by the
board
director
of a lack of good moral character is supported by clear and convincing evidence.
When an applicant is found to be unqualified for a certificate because of lack
of good moral character, the
board
director
shall furnish the applicant a statement containing the findings of the
board
director
and a complete listing of the evidence upon which the determination was based,
and the applicant may request a hearing
before the
licensing board on that
determination.
(c)
Any person who holds a certificate as a 'certified public accountant' and who is
engaged in the sale of insurance or financial products for which such person
receives commissions must disclose in writing to the client the fact that the
person shall receive commissions from the sale to the client of any such
insurance or financial products; provided, however, that the person shall not be
required to disclose the actual amount of such commissions. A person who
violates this subsection shall be guilty of a misdemeanor.
43-3-7.
(a)
The
licensing
board may provide, by regulation, for the general scope of the examination
described in paragraph (4) of subsection (a) of Code Section 43-3-6. The
licensing
board may approve the examination and obtain advice and assistance in providing
for and grading such examination and the
division
director,
with approval of the board, may contract
with third parties to perform administrative services with respect to the
examination as he or she deems appropriate.
(b)
As a prerequisite to sit for the examination, candidates shall meet the
education requirements provided in division (a)(3)(A)(i) of Code Section
43-3-6.
(c)
An applicant for the certificate of certified public accountant who has
successfully completed the examination provided for in paragraph (4) of
subsection (a) of Code Section 43-3-6 shall have no status as a certified public
accountant until he or she has the requisite education and experience and has
received his or her certificate as a certified public accountant.
(d)
The
licensing
board, by regulation, may provide for granting a credit to any applicant for
satisfactory completion of an examination in any one or more of the subjects
provided for in paragraph (4) of subsection (a) of Code Section 43-3-6 given by
the licensing authority in another jurisdiction. Such regulations shall include
such requirements as the
licensing
board deems appropriate to ensure that any examination approved as a basis for
any such credit, in the judgment of the
licensing
board, shall be at least as thorough as the examination approved by the
licensing
board at the time of the granting of such credit.
(e)
The
licensing
board, by regulation, may prescribe the time and conditions under which an
applicant may retain credit for a portion or portions of the examination
provided for in paragraph (4) of subsection (a) of Code Section
43-3-6.
(f)
Application for certification by persons who are not residents of this state
shall constitute the appointment of the Secretary of State as the agent for
service of process in any action or proceeding against such applicant arising
out of any transaction, activity, or operation connected with or incidental to
the practice of public accounting in this state by nonresident holders of
certified public accountant certificates.
43-3-8.
Reserved.
43-3-9.
Any
person who has received a certificate as a certified public accountant from the
board
director
and who holds a live permit may be styled and known as a 'certified public
accountant.' The
division
director shall maintain a list of certified public accountants; and, for this
purpose, the
licensing
board may provide by regulation a procedure whereby all certified public
accountants are required to register with the
board
director
periodically. Any certified public accountant may also be known as a 'public
accountant.'
43-3-10.
Reserved.
43-3-11.
The
board
director,
in
its
his or
her discretion, may waive the examination
provided for in paragraph (4) of subsection (a) of Code Section 43-3-6 and may
issue a certificate as a certified public accountant to any person who possesses
the qualifications specified in paragraphs (1) and (2) of subsection (a) of Code
Section 43-3-6 and what the
board
director
determines to be the substantial equivalent of the qualifications under
paragraph (3) of subsection (a) of Code Section 43-3-6 and who is a holder of a
certificate as a certified public accountant, then in full force and effect,
issued under the laws of another state, provided that the certificate held by
such person was issued after an examination which, in the judgment of the
board
director,
is the equivalent of the standard established by the
licensing
board for examinations administered pursuant to paragraph (4) of subsection (a)
of Code Section 43-3-6; and provided, further, that such privileges are extended
to citizens of this state by the state originally granting the certificate.
Notwithstanding the foregoing, the examination provided for in paragraph (4) of
subsection (a) of Code Section 43-3-6 shall be waived by the
board
director
in the case of an applicant who has been engaged in public practice for a period
of ten years in another state pursuant to authority issued by such
state.
43-3-12.
Persons
who hold certified public accountant certificates issued prior to July 1, 1977,
under the laws of this state shall not be required to undergo recertification
under this chapter but shall otherwise be subject to all applicable provisions
of this chapter. Such certificates issued prior to July 1, 1977, shall be
considered certificates issued under and subject to this chapter for all
purposes.
43-3-13.
Notwithstanding
any other provision of this chapter, on and after July 1, 2005, each registered
public accountant who holds a live permit and who is in good standing shall be
certificated as a certified public accountant. On and after July 1, 2005, the
board
director
shall not consider any application for a certificate of registered public
accountant.
43-3-14.
Reserved.
43-3-15.
Reserved.
43-3-16.
Reserved.
43-3-17.
Reserved.
43-3-18.
Reserved.
43-3-19.
Reserved.
43-3-20.
Any
person who was registered with the board on or before July 1, 1989, as a foreign
accountant based on being a holder in good standing of a certificate, license,
or degree in a foreign country constituting a recognized qualification for the
practice of public accountancy in such country shall be eligible to renew his
or
her live permit under such terms and
conditions as provided by law and the rules and regulations of the
licensing
board. Such registered foreign accountant shall be subject to the laws and
rules and regulations of the
licensing
board and
actions of the director, including, but
not limited to, those concerning continuing professional education requirements
and disciplinary actions. Should such registered foreign accountant fail to
renew his or
her live permit or have such permit
revoked or suspended, the
board
director
may reinstate such registered foreign accountant under terms and conditions as
determined by the
licensing
board.
43-3-21.
(a)
The
board
director
shall grant or renew the registration of a firm practicing public accountancy to
firms that meet the following requirements:
(1)
Partners, members, or shareholders owning at least a simple majority of the
financial interest and voting rights of the firm shall be certified public
accountants of some state in good standing, except that such partners, members,
or shareholders who are certified public accountants and whose principal place
of business is in this state and who perform accounting services in this state
must hold a live permit from this state. An individual who has practice
privileges under subsection (b) of Code Section 43-3-24 who performs services
for which a firm registration is required under paragraph (4) of subsection (b)
of Code Section 43-3-24 shall not be required to obtain a certificate or live
permit under this chapter;
(2)
The firm shall be in compliance with all requirements and provisions of state
law governing the organizational form of the firm in the state of the firm's
principal place of business;
(3)
The firm shall comply with all regulations pertaining to firms registered with
the
board
director;
(4)
The resident manager of each office of the firm within this state in the
practice of public accountancy shall be a certified public accountant of this
state in good standing;
(5)
Any firms that include nonlicensee owners shall comply with the following
rules:
(A)
The firm shall designate the holder of a live permit, or in the case of a firm
which must register pursuant to subparagraph (b)(1)(C) of this Code section, a
licensee of another state who meets the requirements set forth in subsection (b)
of Code Section 43-3-24, who shall be responsible for the proper registration of
the firm and shall identify that individual to the
board
director;
(B)
All nonlicensee owners shall be active individual participants in the firm or
affiliated entities; and
(C)
The firm shall comply with such other requirements as the
licensing
board may impose by rule or regulation;
(6)
Any holder of a live permit and any individual who qualifies for practice
privileges under subsection (b) of Code Section 43-3-24 who is responsible for
supervising attest or compilation services and signs or authorizes someone to
sign the accountant's report on the financial statements on behalf of the firm
shall meet the competency requirements set out in the professional standards for
such services; and
(7)
Any holder of a live permit and any individual who qualifies for practice
privileges under subsection (b) of Code Section 43-3-24 who signs or authorizes
someone to sign the accountants' report on the financial statements on behalf of
the firm shall meet the competency requirements of
subparagraph
paragraph
(6) of this subsection.
(b)(1)
The following firms must register under this Code section:
(A)
Any firm with an office in this state practicing public
accountancy;
(B)
Any firm with an office in this state that uses the title 'CPA' or 'CPA firm';
and
(C)
Any firm that does not have an office in this state but performs any service
described in subparagraph (A), (C), or (D) of paragraph (1) of Code Section
43-3-2 for a client having its home office in this state.
(2)
A firm that does not have an office in this state may perform services described
in subparagraph (B) of paragraph (1) or paragraph (3) of Code Section 43-3-2 for
a client having its home office in this state, may practice public accountancy
as authorized under this Code section, and may use the title 'CPA' or 'CPA firm'
without registering as provided in this Code section only if:
(A)
It meets the qualifications described in paragraph (1) of subsection (a) of this
Code section and it complies with the
licensing
board's rules and regulations regarding peer review; and
(B)
It performs such services through an individual with practice privileges under
subsection (b) of Code Section 43-3-24.
(3)
A firm that does not have an office in this state and that is not subject to the
requirements of subparagraph (C) of paragraph (1) of this subsection or
paragraph (2) of this subsection may perform other professional services
included in the practice of public accountancy while using the title 'CPA' or
'CPA firm' in this state without registering under this Code section only
if:
(A)
It performs such services through an individual with practice privileges under
subsection (b) of Code Section 43-3-24; and
(B)
It can lawfully perform such services in the state where
said
such
individuals with practice privileges have their principal place of
business.
(c)
Each firm required to register under paragraph (1) of subsection (b) of this
Code section shall be registered biennially under this chapter with the
board
director,
provided that any firm for which such requirement becomes effective between
biennial reporting periods shall register with the
board
director
within 60 days. Such a firm must show that all attest and compilation services
rendered in this state are under the supervision of a person holding a live
permit issued by this state or a person with practice privileges under
subsection (b) of Code Section 43-3-24. The
licensing
board, by regulation, shall prescribe the procedure to be followed in effecting
such registration and the information which must be provided regarding the firm
and its practice.
(d)
A registered firm shall file written notice to the
board
director,
within 60 days after the occurrence of the opening of a new office or the
closing or change of address of any of its offices in this state. Each such
office shall be under the supervision of a resident manager who may be a
partner, principal, shareholder, member, or a staff employee holding a live
permit.
(e)
Neither the denial of a firm registration under this Code section nor the denial
of the renewal of a firm registration under Code Section 43-3-23 shall be
considered to be a contested case within the meaning of Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act.' Notice and hearing within the
meaning of said Chapter 13 of Title 50 shall not be required, but the applicant
shall be
allowed to
appear before the board if he or she
requests
entitled to
notice and the opportunity for a hearing as provided in Code Section
43-1-3.1.
43-3-22.
Reserved.
43-3-23.
(a)
In each renewal year, each firm registered in
the
this
state pursuant to Code Section 43-3-21 which has issued an audit, review, or
compilation report within the 24 months preceding the date of expiration of the
firm's registration must submit, with the application for renewal, evidence of
satisfactory completion of a
board
approved peer review program
approved by
the licensing board within the 36 months
preceding the date of such firm's registration expiration. Satisfactory
completion shall mean that the firm has undergone the entire peer review process
and that the report of the peer review indicates that the firm maintains
acceptable standards of competence and integrity in the practice of public
accountancy. Firms which have not issued an audit, review, or compilation
report within the 24 months preceding the date of the firm's registration
expiration must submit written confirmation of such fact with the application
for the firm's registration renewal. The
board
director
may waive or modify the requirements of this subsection in cases of hardship or
other such circumstances which the
board
director
deems appropriate. The provisions of this subsection shall not apply to the
practice of an enrolled agent before the federal Internal Revenue Service or the
Department of Revenue if the enrolled agent is not otherwise engaged in the
practice of public accounting in this state.
(b)
No firm shall be registered in
the
this
state which shall have failed to comply with the provisions of this Code section
and all applicable requirements of law and rules promulgated by the
licensing
board.
(c)
This Code section shall be construed to apply only to firms required to be
registered under this chapter. Nothing contained in this Code section shall
prohibit any person from operating under the provisions of subsection (b) of
Code Section 43-3-36.
43-3-24.
(a)
A permit to engage in the practice of public accountancy in this state shall be
issued by the
division
director,
at the direction of the board,
in his or her
discretion to each person who is
certificated as a certified public accountant under Code Sections 43-3-6 through
43-3-12 or registered as a foreign accountant under Code Section 43-3-20 who
shall have furnished evidence, satisfactory to the
board
director,
of compliance with the requirements of Code Section 43-3-25, and to individuals
and firms registered under Code Section 43-3-21, provided that such entities are
maintained and registered as required under Code Sections 43-3-21 and 43-3-23.
There shall be a biennial permit fee in an amount to be determined by the
licensing
board.
(b)
Individuals may practice based on a substantial equivalency practice privilege
as follows:
(1)
An individual whose principal place of business is outside this state shall be
presumed to have qualifications substantially equivalent to this state's
requirements, shall have all the privileges of live permit holders of this
state, and may practice public accountancy in this state without the requirement
to obtain a live permit, certificate, or registration under this chapter or to
otherwise notify or register with the
board
director
or pay any fee if the individual:
(A)
Holds a valid license as a certified public accountant from any state which
requires, as a condition of licensure, that an individual:
(i)
Has at least 150 semester hours of college education including a baccalaureate
or higher degree conferred by a college or university;
(ii)
Achieves a passing grade on the Uniform Certified Public Accountant Examination;
and
(iii)
Possesses at least one year of experience, including providing any type of
service or advice involving the use of accounting, attest, compilation,
management advisory, financial advisory, tax, or consulting skills, which may be
obtained through government, industry, academic, or public practice all of which
was verified by a licensee; or
(B)
Holds a valid license as a certified public accountant from any state which does
not meet the requirements of subparagraph (A) of this paragraph but such
individual's certified public accountant qualifications are substantially
equivalent to those requirements. Any individual who passed the Uniform
Certified Public Accountant Examination and holds a valid license issued by any
other state prior to January 1, 2012, may be exempt from the education
requirement in division (1)(A)(i) of this subsection for purposes of this
subparagraph;
(2)
Notwithstanding any other provision of law, an individual who offers or renders
professional services, whether in person or by mail, telephone, or electronic
means, under this Code section shall be granted practice privileges in this
state and no notice, fee, or other submission shall be provided by any such
individual. Such an individual shall be subject to the requirements of
paragraph (3) of this subsection;
(3)
An individual licensee of another state exercising the privilege afforded under
this subsection, and the firm that employs that individual, shall simultaneously
consent, as a condition of exercising this privilege:
(A)
To the personal and subject matter jurisdiction and disciplinary authority of
the
board
director;
(B)
To comply with the provisions of this chapter and the
licensing
board's rules and regulations;
(C)
That in the event the license from the state of the individual's principal place
of business is no longer valid, the individual shall cease offering or rendering
professional services in this state individually and on behalf of a firm;
and
(D)
To the appointment of the state board that issued the individual's license as
the individual's agent upon whom process may be served in any action or
proceeding by
this
state's
the
licensing board
or the
director against the
individual;
(4)
An individual who qualifies for the practice privilege under this Code section
who, for any entity with its home office in this state, performs any service
under subparagraph (A), (C), or (D) of paragraph (1) of Code Section 43-3-2 may
do so only through a firm that has registered with the
board
director
under Code Section 43-3-21; and
(5)
An individual qualifying for the practice privilege under paragraph (1) of this
subsection may provide expert witness services in this state and shall be deemed
to be in compliance with paragraph (1) of subsection (c) of Code Section
24-9-67.1 for purposes of such services.
(c)
Subsection (b) of this Code section shall not be applied or construed to permit
an individual to engage in the practice of public accountancy in this state
based on a substantial equivalency privilege unless such individual holds a
valid license as a certified public accountant in a state which grants similar
reciprocity to license holders in this state.
43-3-25.
(a)
Every application for renewal of a live permit by any individual who is and has
been certificated as a certified public accountant or registered as a foreign
accountant by this state for one year or more shall be accompanied or supported
by such evidence as the
licensing
board shall prescribe of satisfactory completion of continuing professional
education as provided in this Code section, provided that the
board
director
may relax or suspend requirements of continuing professional education in
instances where an applicant's health requires it or in instances of individual
hardship.
(b)
The
licensing
board shall be authorized to promulgate rules and regulations providing for the
number of hours of acceptable continuing professional education, which shall not
be less than 60 hours, required to renew a live permit, for the assignment of
credit for hours in excess of the minimum requirement, and for the proration of
required hours. The
licensing
board may establish criteria for continuing professional education programs,
provide for accreditation of such programs, enter into agreements with sponsors
of such programs, and provide for the assignment of credits for participation in
such programs.
(c)
All provisions of this chapter relating to continuing professional education
shall be administered by the
board
director;
and, in addition to the other powers conferred on the
board
director
by this chapter, the
board
director
shall have the authority to appoint a committee or committees composed of
certified public accountants, as
it
he or
she deems appropriate, to administer,
implement, and otherwise carry out the provisions of this chapter relating to
continuing professional education.
43-3-26.
Reserved.
43-3-27.
Reserved.
43-3-28.
(a)
Subject to the
provisions of Code Section 43-1-3.1, the
director
After
notice and hearing as provided in Code Section 43-3-30, the
board may revoke or suspend any
certification issued under Code Sections 43-3-6 through 43-3-12 or a
registration issued under Code Section 43-3-20 or may revoke, suspend, or refuse
to renew any live permit or may censure the holder of any such permit, or may
forbid an individual from exercising the substantial equivalency practice
privilege, for any cause which the
board
director
may deem sufficient, including, without limiting the generality of the
foregoing, any one or any combination of the following causes:
(1)
Violation of any rule, regulation, or order promulgated by the
licensing
board in accordance with this chapter;
(2)
Fraud or deceit in obtaining certification as a certified public accountant or
registration as a public accountant, in obtaining registration under this
chapter, or in obtaining a live permit;
(3)
Violation of any of the provisions of Code Section 43-3-35 or any other Code
section of this chapter;
(4)
Dishonesty, fraud, or gross negligence in the practice of public
accountancy;
(5)
Commission of a felony under the laws of any state or of the United
States;
(6)
Commission of any crime, an element of which is dishonesty or fraud, under the
laws of any state or of the United States;
(7)
Cancellation, revocation, suspension, or refusal to renew authority to practice
as a certified public accountant or as a public accountant by any other state
for any cause other than voluntary withdrawal or failure to pay an annual
registration fee in such other state;
(8)
Suspension or revocation of the right to practice before any state or federal
agency;
(9)
Failure to furnish evidence of satisfaction of requirements of continuing
professional education as required by the
licensing
board pursuant to Code Section 43-3-25 or to meet any conditions with respect to
continuing professional education which the
licensing
board may have ordered under that Code section;
(10)
Conduct which discredits the accounting profession; or
(11)
Failure of such holder's firm to register or renew its registration under Code
Sections 43-3-21 and 43-3-23 or the failure of such firm to comply with any of
the provisions of Code Section 43-3-23.
(b)
A person, firm, corporation, association, authority, or other entity shall be
immune from civil and criminal liability for reporting or investigating the acts
or omissions of a licensee or applicant which violate the provisions of
subsection (a) of this Code section or any other provision of law relating to a
licensee's or applicant's fitness to practice public accounting or for
initiating or conducting proceedings against such licensee or applicant, if such
report is made or action is taken in good faith, without fraud or malice. Any
person who testifies or who makes a recommendation to the
board
director
in the nature of peer review, in good faith, without fraud, or malice, before
the
board
director
in any proceeding involving the provisions of subsection (a) of this Code
section or any other law relating to a licensee's or applicant's fitness to
practice public accounting shall be immune from civil and criminal liability for
so testifying.
43-3-29.
(a)
Subject to the
provisions of Code Section 43-1-3.1, the
director
After
notice and hearing, as provided in Code Section 43-3-30, the
board, in
its
his or
her discretion, may revoke the
registration and permit to practice of a firm if at any time it does not have
all the qualifications prescribed by the Code section under which it qualified
for registration.
(b)
Subject to the
provisions of Code Section 43-1-3.1, the
director
After
notice and hearing as provided in Code Section 43-3-30, the
board may revoke or suspend the
registration of a firm or may revoke, suspend, or refuse to renew its valid
permit or may censure the holder of any such permit for any of the following
causes in addition to those enumerated in Code Section 43-3-28:
(1)
The revocation or suspension of the certificate or registration or the
revocation or suspension or refusal to renew the permit to practice of any
partner, member, or shareholder required by law to have such certificate,
registration, or permit as a condition
to
of
the firm's registration or permit;
(2)
The cancellation, revocation, suspension, or refusal to renew the authority of
the firm, or any partner, member, or shareholder thereof, to practice public
accountancy in any other state for any cause other than voluntary withdrawal or
failure to pay registration fees in such other state; or
(3)
The failure of such firm to register or renew its registration under Code
Section 43-3-21 or the failure of such firm to comply with any of the provisions
of Code Section 43-3-23.
43-3-29.1.
Subject
to the provisions of Code Section 43-1-3.1, the
director
After
notice and hearing as provided in Code Section 43-3-30, the
board may impose any one or more of the
following sanctions in addition to the actions described in Code Sections
43-3-28 and 43-3-29 for any of the causes described in Code Sections 43-3-28 and
43-3-29:
(1)
Require the licensee or licensees to complete successfully the specific courses
or types of continuing education as specified by the
licensing
board or pass special examinations as specified by the
licensing
board, all at the cost and expense of the licensee or licensees;
(2)
Require the licensee or firm holding a live permit to submit to a preissuance
review prior to the issuance of any future reports, in a manner and for a
duration as set by the
board
director
by a reviewer selected by the
board
director
at the licensee's or holder's cost and expense; or
(3)
Require a licensee or firm holding a valid permit to submit to a peer review of
its accounting and auditing practices upon such terms and conditions as shall be
determined by the
board
director
at the cost and expense of such licensee or holder of a valid
permit.
43-3-30.
(a)
Subject to the
provisions of Code Section 43-1-3.1, the
director
The
board may initiate proceedings under this
chapter either on
its
his or
her own motion or on the complaint of any
person.
(b)
Notice, rules of procedure, right to review, and any other matters arising with
respect to all adjudicative hearings conducted by the
licensing
board shall be determined in accordance with Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.'
(c)
Before the
board shall revoke or suspend a permit, certificate, registration, or practice
privilege, it shall provide for a hearing for the holder of such permit,
certificate, registration, or practice privilege in accordance with Chapter 13
of Title 50, the 'Georgia Administrative Procedure
Act.' Any person who
has
exhausted all administrative remedies available within this chapter and
who is aggrieved by a final decision
in a
contested case
of the
licensing board is entitled to judicial
review in accordance with Chapter 13 of Title 50.
43-3-31.
Upon
written application after a hearing pursuant to Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act,' the
board
director
may recertificate a certified public accountant or reregister a foreign
accountant whose certification or registration has been revoked or may reissue
or modify the suspension of a live permit or practice privilege which has been
revoked or suspended.
43-3-32.
(a)
All statements, records, schedules, working papers, computer printouts, computer
tapes, and memoranda made by a certified public accountant or public accountant
incident to, or in the course of, professional service to clients by such
certified public accountant or public accountant, except reports submitted by a
certified public accountant or public accountant to a client, shall be and
remain the property of such certified public accountant or public accountant and
his or her partners, fellow shareholders, or fellow members of the firm, in the
absence of an express agreement between such certified public accountant or
public accountant and the client to the contrary. No such statement, record,
schedule, working paper, or memorandum shall be sold, transferred, or
bequeathed, without the consent of the client or his
or
her personal representative or
his
assignee, to anyone other than one or more surviving partners, fellow
shareholders, or fellow members of the firm of such certified public accountant
or public accountant.
(b)
All communications between a certified public accountant or public accountant or
employee of such certified public accountant or public accountant acting in the
scope of such employment and the person for whom such certified public
accountant, public accountant, or employee shall have made any audit or other
investigation in a professional capacity and all information obtained by a
certified public accountant, public accountant, or such an employee in his
or
her professional capacity concerning the
business and affairs of clients shall be deemed privileged communications in all
courts or in any other proceedings whatsoever; and no such certified public
accountant, public accountant, or employee shall be permitted to testify with
respect to any of such matters, except with the written consent of such person
or client or such person's or client's legal representative, provided that
nothing in this subsection shall be construed as prohibiting a certified public
accountant, public accountant, or such an employee from:
(1)
Disclosing any data required to be disclosed by the standards of the accounting
profession in rendering an opinion on the presentation of financial statements
or in making disclosure where the practices or diligence of the accountant in
preparing, or in expressing an opinion upon, such financial statements are
contested;
(2)
Disclosing any data where the professional services of the accountant are being
contested by or against the client for whom such services were performed or any
representative or assignee of such client;
(3)
Disclosing any data to other certified public accountants, public accountants,
or employees thereof in connection with practice reviews and ethics reviews
sponsored by professional groups, the purpose of which
reviews
is to survey such accountant's business practices, audits, and work papers or to
review ethical considerations concerning such accountant; or
(4)
Disclosing any data pertaining to an application, investigation by the
board
director,
or hearing
on its
behalf
before the
licensing board, so long as such data
shall be received by the
licensing
board in camera and shall not be disclosed to the public; and provided, further,
that no disclosure provided for in this paragraph shall constitute a waiver of
the privilege established in this subsection.
43-3-33.
(a)
Whenever, in the judgment of the
board
director,
any person has engaged or is about to engage in any acts or practices which
constitute or will constitute a violation of Code Section 43-3-35 or any other
Code section of this chapter, the
board
director
may make application to the superior court of the county in which such acts or
practices have occurred or may be reasonably expected to occur for an order
enjoining such acts or practices; and upon a showing by the
board
director
that such person has engaged or is about to engage in any such acts or
practices, an injunction, restraining order, or such other order as may be
appropriate shall be granted by such court.
(b)
The Attorney General shall assist in the enforcement of this chapter. The
board
director
is authorized to retain such attorneys as
it
he or
she deems necessary, with the approval of
the Attorney General, to assist the
board
director
in bringing any action authorized by law.
43-3-34.
The
display or uttering by a person of a card, sign, advertisement, or other
printed, engraved, or written instrument or device bearing a person's name in
conjunction with the words 'certified public accountant' or any abbreviation
thereof, or 'public accountant' or any abbreviation thereof shall be prima-facie
evidence in any action brought under Code Section 43-3-33 or 43-3-38 that the
person whose name is so displayed caused or procured the display or uttering of
such card, sign, advertisement, or other printed, engraved, or written
instrument or device and that such person is holding himself or herself out to
be a certified public accountant or a public accountant holding a live permit or
otherwise claims to be qualified to use such title by virtue of the substantial
equivalency practice privilege under subsection (b) of Code Section 43-3-24 or
of the firm practice provisions of subsection (b) of Code Section 43-3-21. In
any such action, evidence of the commission of a single act prohibited by this
chapter shall be sufficient to justify an injunction or a conviction without
evidence of a general course of conduct.
43-3-35.
(a)
No individual shall assume or use the title or designation 'certified public
accountant' or the abbreviation 'C.P.A.' or any other title, designation, words,
letters, abbreviation, sign, card, or device tending to indicate that such
individual is a certified public accountant unless such individual has received
a certificate as a certified public accountant under this chapter, holds a live
permit, and all of such individual's offices in this state for the practice of
public accountancy are maintained and registered as required under Code Sections
43-3-21 and 43-3-23, provided that a foreign accountant who has registered under
Code Section 43-3-20 and who holds a live permit may use the title under which
he or she is generally known in his or her country, followed by the name of the
country from which he or she received his or her certificate, license, or
degree.
(b)
No firm or any other person or entity shall assume or use the title or
designation 'certified public accountant' or the abbreviation 'C.P.A.' or any
other title, designation, words, letters, abbreviation, sign, card, or device
tending to indicate that such firm, person, or entity is composed of certified
public accountants unless such firm, person, or entity is registered as a firm
of certified public accountants under Code Section 43-3-21, holds a live permit,
and all offices of such firm in this state for the practice of public
accountancy are maintained and registered as required under Code Sections
43-3-21 and 43-3-23.
(c)
No individual, firm, or any other person or entity shall assume or use: (1) any
title or designation likely to be confused with 'certified public accountant,'
including, without limiting the generality of the foregoing, 'certified
accountant,' 'enrolled accountant,' 'licensed accountant,' 'licensed public
accountant,' or 'registered accountant'; or (2) any abbreviation likely to be
confused with 'C.P.A.,' including, without limiting the generality of the
foregoing, 'C.A.,' 'E.A.,' 'R.A.,' 'L.A.,' or 'L.P.A.,' provided that a foreign
accountant registered under Code Section 43-3-20 who holds a live permit and all
of whose offices in this state for the practice of public accountancy are
maintained and registered as required under Code Sections 43-3-21 and 43-3-23
may use the title under which he or she is generally known in his or her
country, followed by the name of the country from which he or she received his
or her certificate, license, or degree.
(d)
No individual shall sign or affix his or her name or any trade assumed name used
by him or her in his or her profession or business to any opinion or certificate
attesting in any way to the reliability of any representation or estimate in
regard to any person or organization embracing (1) financial information, or (2)
facts respecting compliance with conditions established by law or contract,
including but not limited to statutes, ordinances, regulations, grants, loans,
and appropriations, together with any wording accompanying, contained in, or
affixed on such opinion or certificate, which indicates that he or she has
expert knowledge in accounting or auditing unless he or she holds a live permit
and all of his or her offices in this state for the practice of public
accountancy are maintained and registered under Code Sections 43-3-21 and
43-3-23, provided that this subsection shall not prohibit any officer, employee,
partner, member, or principal of any organization from affixing his or her
signature to any statement or report in reference to the affairs of such
organization with any wording designating the position, title, or office which
he or she holds in such organization, nor shall this subsection prohibit any act
of a public official or public employee in the performance of his or her duties
as such.
(e)
No person shall sign or affix, or cause to be signed or affixed, a firm name to
any opinion or certificate attesting in any way to the reliability of any
representation or estimate in regard to any person or organization embracing (1)
financial information, or (2) facts respecting compliance with conditions
established by law or contract, including but not limited to statutes,
ordinances, regulations, grants, loans, and appropriations, together with any
wording accompanying or contained in such opinion or certificate, which
indicates that such firm is composed of or employs persons having expert
knowledge in accounting or auditing unless the firm holds a live permit and all
of its offices in this state for the practice of public accountancy are
maintained and registered as required under Code Sections 43-3-21 and
43-3-23.
(f)
A licensee shall not use or participate in the use of any form of public
communication having reference to his or her professional services which
contains a false, fraudulent, misleading, deceptive, or unfair statement or
claim. A false, fraudulent, misleading, deceptive, or unfair statement or claim
includes but is not limited to a statement or claim which:
(1)
Contains a misrepresentation of fact;
(2)
Is likely to mislead or deceive because it fails to make full disclosure of
relevant facts;
(3)
Contains any testimonial, laudatory, or other statement or implication that the
licensee's professional services are of exceptional quality, if not supported by
verifiable facts;
(4)
Is intended or likely to create false or unjustified expectations of favorable
results;
(5)
Implies educational or professional attainments or licensing recognition not
supported in fact;
(6)
States or implies that the licensee has received formal recognition as a
specialist in any aspect of the practice of public accounting, except in
accordance with rules adopted by the
licensing
board;
(7)
Represents that professional services can or will be completely performed for a
stated fee when this is not the case or makes representations with respect to
fees for professional services that do not disclose all variables that may
reasonably be expected to affect the fees that will in fact be charged;
or
(8)
Contains other representations or implications that in reasonable probability
will cause an ordinarily prudent person to misunderstand or be
deceived.
(g)
The
licensing
board may by rule or regulation prohibit a licensee from soliciting by any
direct personal communication an engagement to perform professional
services.
(h)
It shall not be a violation of this Code section or chapter for an individual
who does not hold a live permit under this chapter but who qualifies for the
substantial equivalency practice privilege under subsection (b) of Code Section
43-3-24 to use the title or designation 'certified public accountant' or
'C.P.A.' or other titles to indicate that the person is a certified public
accountant, and such individual may provide professional services in this state
with the same privileges as a live permit holder so long as the individual
complies with paragraph (4) of subsection (b) of Code Section
43-3-24.
(i)
It shall not be a violation of this Code section or chapter for a firm that has
not registered with the
board
director
or obtained a live permit under this chapter and that does not have an office in
this state to use the title or designation 'certified public accountant' or
'C.P.A.' or other titles to indicate that the firm is composed of certified
public accountants, and such firm may provide professional services in this
state with the same privileges as a registered firm with a live permit so long
as it complies with subsection (b) of Code Section 43-3-21.
43-3-36.
(a)
Nothing contained in this chapter shall prohibit any person who is not a
certified public accountant or public accountant from serving as an employee of
or an assistant to a certified public accountant or public accountant or firm of
certified public accountants or public accountants holding a live permit or a
foreign accountant registered under Code Section 43-3-20 and holding a live
permit, provided that such employee or assistant shall not issue or attest to
any accounting or financial statement over his
or
her name.
(b)
Nothing contained in this chapter shall prohibit any person from offering to
perform or performing for the public, for compensation, any of the following
services:
(1)
The recording of financial transactions in books of record;
(2)
The making of adjustments of such transactions in books of record;
(3)
The making of trial balances from books of record;
(4)
Internal verification and analysis of books or accounts of original
entry;
(5)
The preparation of unaudited financial statements, schedules, or
reports;
(6)
The devising and installing of systems or methods of bookkeeping, internal
controls of financial data, or the recording of financial data; or
(7)
The preparation of tax returns and related forms.
43-3-36.1.
Notwithstanding
any other provisions of this chapter, any licensee who has attained 70 years of
age shall be exempt from any continuing professional education requirements of
Code Section 43-3-25 or 43-3-29.1.
43-3-37.
The
proceedings of and data
obtained
by
disclosed to
the director, a peer review
committee,
or the
licensing
board pursuant to paragraph (3) of subsection (b) of Code Section 43-3-32 shall
not be subject to discovery or introduction into evidence in any civil action,
except in a hearing before the
licensing
board, against a certified public accountant or public accountant for matters
which are the subject of evaluation and review
by such
committee or the board; and no person who was in attendance at a meeting of such
committee or
board. No
person who was made privy to such
information shall be permitted or required
to testify in any such civil action, except in a hearing before the
licensing
board, as to any evidence or the matters produced or presented
during the
proceedings of such committee or board or
as to any findings, recommendations, evaluations, opinions, or actions
of such
committee or board or any members thereof; provided, however, that any
information, documents, or records
made or taken
in reliance upon such data. Such data
otherwise available from original sources shall not be construed as immune from
discovery or use in any such civil action merely because they were
presented
during proceedings of such committee or board; and provided, further, that no
person who testifies before such committee or board or who is a member of such
committee or board shall
so disclosed,
nor shall any person made privy to such
data be prevented from testifying as to
matters within his or her knowledge, provided that such witness may not be
questioned regarding
such
witness's
his or
her testimony before
the
director, such
peer
review
committee,
or the
licensing board or opinions formed by the
witness as a result of such hearings
of the
committee or board.
43-3-38.
Any
person who violates this chapter shall be guilty of a
misdemeanor."
SECTION
1-6.
Said
title is further amended by revising Chapter 4, relating to architects, as
follows:
"CHAPTER
4
ARTICLE 1
ARTICLE 1
43-4-1.
As
used in this chapter, the term:
(1)
'Architect' means an individual technically and legally qualified to engage in
the practice of architecture.
(2)
'Architectural construction contract administration services' shall include at a
minimum the following services:
(A)
Visiting the construction site on a regular basis to determine that the work is
proceeding in accordance with the technical submissions submitted to the
building official at the time the building permit was issued; and
(B)
Processing shop drawings, samples, and other submissions required of the
contractor by the terms of construction contract documents.
(3)
'Board' means the Georgia State Board of Architects and Interior
Designers, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibilities set forth in such
chapter.
(4)
'Building' means any structure consisting of foundation, floors, walls, columns,
girders, beams, and roof or a combination of any of these parts, with or without
other parts or appurtenances.
(5)
'Building official' means the person appointed by the county, municipality, or
other political subdivision of the state having responsibility for the issuance
of building permits and the administration and enforcement of the Georgia State
Minimum Construction Codes, or a state fire marshal where there is not such
local official.
(6)
'Building shell' means a building framework, perimeter and exterior walls, the
building core and columns, and other structural, mechanical, and load-bearing
elements of the building.
(7)
'Building shell system' means a mechanical, plumbing, fire protection,
electrical, structural, or motorized vertical transportation system designed for
or located within a building shell.
(7.1)
'Director' means the director of professional licensing.
(8)
'Interior construction document' means detailed drawings and specifications
sealed and signed by a registered interior designer certifying compliance with
applicable current building codes, ordinances, laws, and regulations that define
the work to be constructed in such form as is required for approval of a
construction permit by a building official or fire marshal. Such document may
be combined with documents prepared under the responsible control, seal, and
signature of other registered or licensed professionals.
(9)(A)
'Interior design' means the rendering of or the offering to render designs,
consultations, studies, planning, drawings, specifications, contract documents,
or other technical submissions and the administration of interior construction
and contracts relating to nonstructural interior construction of a building by a
registered interior designer. Such term includes:
(i)
Space planning, finishes, furnishings, and the design for fabrication of
nonstructural interior construction within interior spaces of
buildings;
(ii)
Responsibility for life safety design of proposed or modification of existing
nonstructural and nonengineered elements of construction such as partitions,
doors, stairways, and paths of egress connecting to exits or exit ways;
and
(iii)
Modification of existing building construction so as to alter the number of
persons for which the egress systems of the building are designed.
(B)
Registered interior designers shall collaborate and coordinate their work with
registered architects or engineers for work that is excluded by this definition,
including without limitation:
(i)
The design of or responsibility for the building shell or any building shell
systems; or
(ii)
Construction which materially affects building life safety systems pertaining to
fire safety protection such as fire-rated vertical shafts in multistory
structures and fire-rated protection of structural elements with the exception
of incidental restoration of fire protection to elements impacted by
nonstructural elements of construction, smoke evacuation, emergency sprinkler
systems, and emergency alarm systems.
(9.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(10)
'Nonstructural interior construction' means the construction of elements which
do not include a load-bearing wall, a load-bearing column, or other load-bearing
elements of a building essential to the structural integrity of the
building.
(11)
'Practice of architecture' means the rendering of or offer to render the
following services in connection with the design, construction, enlargement, or
alteration of a building or group of buildings and the space within and
surrounding such buildings, which may have human occupancy or habitation:
planning; providing preliminary studies, designs, drawings, specifications, and
other technical submissions; the architectural administering of construction
contracts; and coordinating elements of technical submissions prepared by others
including, as appropriate and without limitation, consulting engineers,
registered interior designers, and landscape architects. As part of the
practice of architecture, a registered architect may perform such engineering
work as is incidental to his or her work. Nothing in this paragraph shall be
construed to prohibit a licensed engineer from coordinating technical submittals
related to the practice of engineering. Nothing in this paragraph shall be
construed to prohibit a registered interior designer from coordinating
submittals related to the practice of interior design.
(12)
'Registered architect' means a person who is technically and legally qualified
and currently registered with the
board
director
to practice architecture in the State of Georgia.
(13)
'Registered interior designer' means a person who is registered under Article 2
of this chapter as being qualified by education, experience, and examination to
use the title 'registered interior designer' in the State of Georgia and as
further defined in Code Section 43-4-30. Nothing in this paragraph or in this
article shall be construed as prohibiting or restricting the practice or
activities of an interior decorator or individual offering interior decorating
services, including, but not limited to, selection of surface materials, window
treatments, wall coverings, paints, floor coverings, and lighting
fixtures.
(14)
'Registration' means the certificate of registration issued by the
board
director.
(15)
'Responsible control' means the amount of control over and detailed knowledge of
the content of technical submissions during their preparation as is ordinarily
exercised by registered or licensed professionals applying the required
professional standard of care, as defined by rules and regulations adopted by
the
respective
boards governing such professionals
licensing
board.
(16)
'Technical submissions' means designs, drawings, specifications, studies, and
other technical reports prepared or reviewed in the course of professional
practice.
43-4-2.
There
is created the Georgia State Board of Architects and Interior Designers
as a
professional licensing policy board, which
shall be composed of nine appointed members. Six of the members shall be
registered architects who hold a current license in this state and who shall be
residents of this state. Two members shall be registered interior designers who
are residents of this state and who have been interior designers for at least
ten years immediately preceding the appointment and who shall have passed an
examination approved by the
licensing
board. One member shall be a resident of this state and shall have no
connection whatsoever with the practice or profession of architecture or
interior design.
The members
of the predecessor State Board of Architects including the interior designer
members who were formerly only full voting members for purposes of Article 2 of
this chapter in office on June 30, 2000, shall be members of the Georgia State
Board of Architects and Interior Designers and shall serve out the remainder of
their respective terms and until their successors are appointed and qualified.
The citizen member who is not a practicing architect or interior designer may
vote only on matters relating to administration and policy which do not directly
relate to practical and scientific examination of architects or interior
designers in this state. The Governor
shall appoint successors to the present members of the board, as their
respective terms of office expire, for a term of office of five years each. The
successor members so appointed shall possess the qualifications specified in
this Code section and shall be confirmed by the Senate as provided in Code
Section 43-1-16. In case a successor is not appointed at the expiration of the
term of any member, such member shall hold office until his or her successor has
been duly appointed and qualified. Any vacancy occurring in the membership of
the board shall be filled by the Governor for the unexpired term, and such
member shall be confirmed by the Senate as provided in Code Section
43-1-16.
43-4-3.
The
members of the board, before entering upon the discharge of their duties, shall
subscribe to and file with the Secretary of State the constitutional oath of
officers.
43-4-4.
The
board shall elect from its membership a president and a vice
president.
43-4-5.
The
division
director shall keep a true record of all proceedings of the board.
43-4-6.
Each
member of the board shall be reimbursed as provided for in subsection (f) of
Code Section 43-1-2.
43-4-7.
The
board, or any member designated by the board, may confer with similar boards of
other states or attend meetings or conferences for the purpose of obtaining
information for the advancement of the profession and standards
thereof.
43-4-8.
The
board
director
shall be charged with the duty of enforcing this chapter
and may
incur such expenses as shall be necessary, all of which expenses shall be paid
as provided in Chapter 1 of this
title.
43-4-9.
(a)
The
board
director
shall adopt all necessary rules, regulations, and standards of conduct, not
inconsistent with this chapter and the Constitution and laws of this state and
of the United States, to carry out this chapter and to safeguard life, health,
and property.
(b)
The
board
director
shall post all current laws, rules, regulations, and standards of conduct
relating to the practice of architecture in this state on the
board's
director's
official website. The
board
director
shall also provide on the website notification of recent changes in such laws,
rules, regulations, or standards and information pertaining to disciplinary
actions taken by the
board
director.
43-4-10.
(a)
Except as otherwise provided in this article, no person shall practice
architecture in this state or use the title 'architect' or 'registered
architect' or any word, letter, figure, or any other device indicating or
intending to imply that he or she is an architect unless he or she holds a
current registration as an architect in this state.
(b)
No firm, sole proprietorship, partnership, limited liability company,
corporation, or other similar organization shall be registered as architects.
Firms, sole proprietorships, partnerships, limited liability companies, and
corporations may practice architecture, as defined by this article, and perform
the services heretofore enumerated common to the practice of architecture,
provided that all such work and services are performed under the responsible
control of an architect registered in this state who is a director, in the case
of a
corporation,
or;
who is a partner, in the case of a
partnership,
or;
who is a member, in the case of a limited liability
company,;
or who is an employee with an ownership interest who has been designated in
writing as holding a position of authority within the firm which authorizes him
or her to direct the architectural services offered by that firm; and provided,
further, that the administration of construction contracts shall be under the
responsible control of such registered architect and that such plans, drawings,
and specifications shall be prepared under the responsible control of such
registered architect and bear the architect's individual signature and
seal.
43-4-11.
(a)
Any person may apply to the
board
director
for such examinations as are required for certification under this article if
qualified as set forth in subsection (b) of this Code section, or any person who
has been registered as an architect by another jurisdiction may apply for a
certificate of registration if qualified as set forth in subsection (c) of this
Code section. No person shall be eligible for registration as an architect who
has been found by the
board
director
to have committed any of the acts set forth in this article for which an
architect's certificate might be revoked or suspended unless that individual
establishes to the satisfaction of the
board
director
that he or she has fully reformed.
(b)
The examinations shall be the examinations prepared
by the
licensing board and
administered
and graded by the
National
Council of Architectural Registration Boards
(NCARB)
director.
The candidate for examination shall submit to the
board
director
satisfactory evidence of
one of the
following qualifications:
(1)
A
a
professional degree in architecture from a school or college approved by the
National
Architectural Accrediting Board
licensing
board and practical experience as the
licensing
board, by rules and regulations uniformly applied, shall deem appropriate. The
licensing
board may adopt as its rules and regulations those guidelines published from
time to time by the National Council of Architectural Registration
Boards;
(2)
A minimum of ten years' practical experience, including academic training,
following completion of high school or the equivalent thereof, as the board, by
rules and regulations uniformly applied, shall deem appropriate. An individual
who intends to qualify as a candidate for examination under the provisions of
this paragraph shall notify the board of such intent in writing prior to July 1,
1985. After July 1, 1985, all candidates for examination shall meet the
requirements of paragraph (1) of this subsection; provided, however, that those
candidates and only those candidates who have met the requirements of this
paragraph shall be admitted as a candidate for examination; or
(3)
A bachelor's degree in architectural engineering technology from a school or
college in this state approved by the Accrediting Board for Engineering and
Technology, or any other bachelor's degree with a substantial concentration in
architecture approved by the board from a board approved school or college in
this state, and at least six years of practical experience as the board, by
regulations uniformly applied, shall deem appropriate. An individual who
intends to qualify as a candidate for examination under the provisions of this
paragraph shall notify the board of such intent in writing prior to July 1,
2004. After July 1, 2004, all candidates for examination shall meet the
requirements of paragraph (1) of this subsection.
(c)
The applicant for a certificate of registration who has been registered as an
architect by another jurisdiction shall hold a National Council of Architectural
Registration Boards' certificate and a certificate of registration in such other
jurisdiction, both of which shall be current and in good standing in order to
meet the requirements of this subsection.
(d)
The
board
director
may require applicants under subsection (c) of this Code section to provide such
other evidence as the
licensing
board may require to demonstrate knowledge of professional
practice.
43-4-12.
A
certificate of registration as a registered architect shall be valid for two
years and shall be renewed biennially as provided by rule of the
licensing
board. It is unlawful to identify oneself as being able to practice
architecture in this state without a current and valid registration in this
state. An applicant for a renewal of a certificate of registration shall meet
such professional development requirements as the
licensing
board may require by rule or regulation. Such rule or regulation shall describe
professional development activities acceptable to the
licensing
board and the form of documentation of such activities required by the
licensing
board. The
board
director
shall be authorized to waive the professional development requirement in cases
of hardship, disability, age, illness, or under such other circumstances as the
licensing
board deems appropriate. Failure to meet the minimum qualifications for renewal
of a license shall be grounds for denial of a renewal application.
43-4-13.
(a)
In addition to the authority provided in Code Section 43-1-19,
and subject to
Code Section 43-1-3.1, the
board
director
shall have the power to suspend or revoke the certificate of registration or
reprimand any registrant who is found by the
board
director
to have:
(1)
Committed any fraud, deceit, or misrepresentation in obtaining a certificate of
registration;
(2)
Committed any gross negligence, incompetence, unprofessional conduct, or
recklessness in his or her professional practice;
(3)
Permitted the use of his or her seal by any firm, partnership, limited liability
company, or corporation without complying with the provisions of Code Section
43-4-10 as to his or her personal direction and supervision of architectural
services performed by such firm, sole proprietorship, partnership, limited
liability company, or corporation or the provisions of Code Section
43-4-16;
(4)
Been convicted by any court of record of the United States of any act which
would constitute a felony or a crime involving moral turpitude in this state or
a plea of nolo contendere or the affording of first offender treatment to any
such charge; or
(5)
Violated this article or any rule, regulation, or standard of conduct
promulgated by the
licensing
board pursuant to the powers conferred upon it by this article.
(b)
Prior to
revoking or suspending a registrant's certificate, the board shall provide for a
hearing into the charges against the registrant. The board shall issue a notice
of hearing to the registrant in compliance with Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act,' at least ten days prior to the hearing.
The hearing will be conducted in accordance with the procedures set forth in
Chapter 13 of Title 50 and this article.
(c)
The
board
director
may reinstate a registration to any person whose registration has been revoked
who has met the qualifications for reinstatement. Application for the
reissuance of
said
registration shall be made in such a manner as the
licensing
board may direct and shall be accompanied by a fee established by the
licensing
board. Neither the denial of a request for reinstatement of a revoked
registration nor the refusal to issue a previously denied registration shall be
considered to be a contested case within the meaning of Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act.'
43-4-14.
(a)
In order to safeguard health, safety, and welfare, no person shall be allowed to
practice architecture unless he or she has the qualifications and competency
required by this article. Any person who is practicing architecture as defined
in
paragraph
(11) of Code Section 43-4-1 shall be
required to register under this article and to secure all renewals of such
registration before beginning or continuing to practice
architecture.
(b)
Construction documents for the following structures do not require the seal of a
registered architect:
(1)
One and two-family residences and domestic outbuildings regardless of
cost;
(2)
Any building classified as an agricultural occupancy upon any farm for the use
of any farmer; any state owned
farmer's
farmers'
market;
(3)
Any building which is a single story building, not exceeding more than 5,000
square feet in area, except new or existing assembly occupancies, educational
occupancies, health care occupancies, correctional or detention facilities,
hotels, dormitories or lodging facilities, multifamily housing or apartment
complexes, and care facilities;
(4)
Preengineered buildings that are one story in height, except new or existing
assembly occupancies, educational occupancies, health care occupancies,
correctional or detention facilities, hotels, dormitories or lodging facilities,
multifamily housing or apartment complexes, care facilities, and facilities
classified as high hazard; provided, however, that the services of a duly
registered architect shall be required for the design of any business or
mercantile occupancies that exceed 5,000 square feet in area that are incidental
to the operation in such building; and
(5)
Nonstructural interior construction within existing or planned structures which
were designed by a registered architect, where drawings and specifications are
prepared by a registered interior designer who by sealing and signing such
interior construction documents submits to the responsible building official
certification that the plans and specifications as submitted are in compliance
with the applicable current building codes and regulations in
effect.
(c)
The following persons are exempt from registration as an architect in this
state:
(1)
A nonresident who holds a license to practice architecture in the state or
country in which he or she resides and holds
an
NCARB
a
certificate
from the
National Council of Architectural Registration
Boards, but who is not registered in this
state, may offer architectural services in a response to a request for
qualifications, an interview, or a design competition only. Any offering or
practice beyond this exception shall require registration as an architect in
Georgia;
(2)
An employee of a registered architect or firm under subsection (b) of Code
Section 43-4-10 who is not in charge of design or supervision and who works
under the supervision of a registered architect;
(3)
An employee of the United States government while working in the scope of his or
her employment for the United States government; and
(4)
A registered professional engineer or his or her employee or subordinate under
his or her responsible supervising control may perform architectural services
which are incidental to such engineering practice; provided, however, that no
professional engineer shall practice architecture or use the designation
'architect' or any term derived therefrom unless registered under this
article.
(d)
Nothing in this article shall be construed to prohibit interior designers from
performing services authorized by Article 2 of this chapter.
(e)
Nothing in this article shall be construed to prohibit a general contractor for
construction from offering to perform a design-build contract; provided,
however, that such offer shall clearly indicate at the time of such offer that
all design services shall be performed by a duly licensed and registered
architect or engineer in compliance with all other provisions of this
chapter.
(f)
Nothing in this article shall be construed to mean that predesign services, as
defined in Code Section 50-22-7, are required to be performed exclusively by
architects.
(g)
Nothing in this article shall be construed to mean that construction contract
administration services are required to be performed exclusively by
architects.
43-4-15.
Except
as provided in Code Section 25-2-14, it shall be the duty of all public
officials charged with the responsibility of enforcing codes related to the
construction of buildings to require compliance with Code Section 43-4-14 before
architectural plans, drawings, and specifications are approved for construction.
Except as provided in Code Section 25-2-14, no building subject to Code Section
43-4-14 and requiring the services of an architect shall be built without such
approval prior to construction.
43-4-16.
(a)
Every architect registered under this chapter shall have a seal in the design
authorized by the
licensing
board, bearing the registrant's name, certificate number, and the legends
'Registered Architect' and 'State of Georgia.'
(b)
Plans, specifications, drawings, reports, or other architectural documents
issued for the purpose of obtaining a building permit or for other requirements
set forth by law shall be sealed by the architect and across the face of the
seal shall be affixed the signature of the owner of the seal. The location of
the seal on such documents, the identification of the pages which must be
sealed, and the form of any title blocks may be established by the
licensing
board in its rules and regulations.
(c)
No plans, specifications, drawings, reports, or other documents shall be sealed
and signed by an architect unless:
(1)
The architect has a current registration to practice in this state and is
competent in the subject matter of the documents by virtue of education or
experience or both;
(2)
The architect personally prepared the plans, specifications, drawings, reports,
or other documents, or the plans, specifications, drawings, reports, or other
documents were prepared under the architect's responsible control as provided in
subsection (b) of Code Section 43-4-10; and
(3)
The architect has been given full authority in writing by the original architect
to make document revisions and has made a substantive review and inspection of
the documents with regard to the laws and regulations of this state, and the
documents are prototypical drawings. For purposes of this paragraph,
prototypical drawings are drawings that may be prepared by an architect licensed
in any country or United States jurisdiction, that have been prepared in
connection with the design of a commercial chain establishment, and that have
been successfully constructed in other states or countries.
(d)
The registered architect who signs and seals the plans, specifications,
drawings, reports, or other documents shall be considered the architect of
record.
(e)
No registered architect shall affix his or her seal to any plan, specification,
drawing, report, or other document unless he or she has assumed the
responsibility for the accuracy and adequacy of the work involved.
(f)
If the registered architect who sealed the technical submissions submitted to
the building official at the time the building permit is issued has not been
employed to furnish construction administration services, he or she shall so
note on such technical submissions in such manner as defined by
licensing
board rules. If the architect's responsibility for construction contract
administration is terminated following the issuance of a building permit, the
building official shall be notified by the architect in writing
accordingly.
(g)
Any violation of this Code section shall be grounds for the suspension or
revocation of the registration of the architect.
(h)
Nothing in this Code section shall be construed to prohibit a registered
architect from sealing drawings or documents prepared by a registered interior
designer when such registered architect has reviewed or supervised the
preparation of the drawings or documents as provided in Code Section
43-4-33.
(i)
Nothing in this Code section shall be construed to prohibit a licensed engineer
from sealing engineering drawings and documents as provided in Code Section
43-4-14.
43-4-17.
(a)
Any person who uses the title 'architect' or 'registered architect' or uses any
word, letters, or figures indicating or intending to imply that the person using
the same is an architect or registered architect without compliance with this
article,
or
who makes any willfully false oath or affirmation in any matter or proceeding
where an oath or affirmation is required by this article, or who practices
architecture without compliance with this article shall be guilty of a
misdemeanor.
(b)
It shall be the duty of all duly constituted officers of the law of this state,
or any political subdivision thereof, to enforce this article and to prosecute
any persons violating this article. Upon application of any officer or citizen
of this state complaining that this article has been violated by any person and
upon proof of such violation, the superior courts of this state are authorized
to and shall enjoin further violations of this article.
43-4-18.
(a)
Notwithstanding any other provisions of the law to the contrary, upon the
board
director
determining that a person is violating the provisions of Code Section 43-4-14,
43-4-16, or 43-4-17, the
board
director
may issue a cease and desist order prohibiting the person from committing
further violations and may impose a fine not to exceed $10,000.00 for each
violation. In determining the fine amount to be imposed, the
board
director
shall consider the severity of the violation.
(b)
For purposes of this Code section, each day a person is in violation of the
provisions of Code Section 43-4-14, 43-4-16, or 43-4-17 shall constitute a
separate violation.
(c)
A determination by the
board
director
pursuant to subsection (a) of this Code section shall be made
only after
notice to such person is given and a hearing is
held
subject to the
provisions of Code Section
43-1-3.1.
(d)
Initial judicial review of any decision of the
licensing
board made pursuant to this Code section or any action for enforcement thereof
shall be available solely in the
superior
court of the county of domicile of the
board
Superior Court
of Bibb County.
(e)
Nothing in this Code section shall be construed to prohibit the
board
director
from seeking remedies otherwise available by statute without first seeking a
cease and desist order in accordance with the provisions of this Code
section.
43-4-19.
As
cumulative of any other remedy or criminal prosecution, whenever it appears to
the
board
director
that any person, firm, sole proprietorship, partnership, limited liability
company, or corporation is or has been violating any of the provisions of this
article, or the lawful rules, regulations, or orders of the
licensing
board, or any of the laws of this state relating to the practice of
architecture, the
board
director,
on
its
his or
her own motion, may bring an action in
it's
the
director's own name in the superior courts
of this state alleging the facts and praying for a temporary restraining order
and an injunction against such person, firm, sole proprietorship, partnership,
limited liability company, or corporation, restraining him, her, or it from
violating such law, order, rule, or regulation. Upon proof of such facts, the
court shall issue a restraining order or injunction, or both, without requiring
allegation or proof that the petitioner therefor has no adequate remedy at
law.
ARTICLE
2
43-4-30.
As
used in this article, the term 'registered interior designer' means a person
registered under this article as being qualified by education, experience, and
examination to use the title 'registered interior designer.' In general, an
interior designer performs services including preparation of documents relative
to nonstructural interior construction, furnishings, finishes, fixtures, and
equipment.
43-4-31.
The
Georgia
State Board of Architects and Interior
Designers
director
shall grant certificates and administer the provisions of this
article,
and the
board shall keep a registry of registered
interior designers.
43-4-32.
(a)
Any person wishing to use the title 'registered interior designer' shall apply
to the
board
director
for a certificate of registration as a registered interior
designer.
(b)
Each applicant for certification as a registered interior designer shall meet
the following requirements:
(1)
Is at least 21 years of age;
(2)
Has submitted a completed application as required by the
licensing
board;
(3)
Has submitted the fees required by the
licensing
board;
(4)
Provides proof of having passed the examination promulgated by the National
Council for Interior Design Qualification or an examination approved by the
licensing
board; and
(5)
Except as otherwise provided in subsection (c) of this Code section, provides
proof that the applicant has acquired a minimum four-year degree or first
professional degree conferred by a college or university whose program is
accredited by the National Architectural Accrediting Board or by another
national or regional accrediting organization recognized by the
licensing
board in a program of study in architecture or in a program of study in interior
design approved by the Council for Interior Design Accreditation or in a
substantially equivalent program of study approved by the
licensing
board.
(c)
The
examination requirement and education requirement specified in paragraph (4) of
subsection (b) of this Code section shall be waived by the board until June 30,
1996, for any applicant who provides proof satisfactory to the board that the
applicant has been an interior designer for at least ten years immediately prior
to the date of the application and who:
(1)
Provides proof of having passed the entire examination promulgated by the
National Council for Interior Design Qualification or an examination approved by
the board; or
(2)
Has a four-year degree conferred by a college or university and who passes an
examination approved by the board on life safety and accessibility codes, which
examination is passed after January 1, 1990, and prior to the application for a
certificate of registration.
(d)
A certificate of registration as a registered interior designer shall be valid
for two years and shall be renewed biennially. An applicant for renewal of a
certificate of registration shall pay a renewal fee and shall meet such
continuing education requirements as the
licensing
board may require by rule or regulation. The continuing education requirements
shall not exceed 40 hours biennially.
43-4-33.
(a)
The
licensing
board shall prescribe the form of a certificate of registration as a registered
interior designer issued pursuant to the provisions of this
article.
(b)
A registered interior designer shall be authorized to have a seal separate from
the seal of registered architects. The seal of a registered interior designer
shall be applied to drawings or other documents prepared by or under the
responsible control of the registered interior designer, provided that the
foregoing shall not prohibit any registered architect who has reviewed or
supervised the preparation of drawings or other documents prepared by a
registered interior designer from applying his or her seal to such drawings or
other documents.
43-4-34.
(a)
Nothing in this article shall be construed as amending or in any manner
affecting the definition of or practice of architecture as provided in Code
Sections 43-4-1 and 43-4-14.
(b)
Nothing in this article shall be construed as prohibiting an architect from
practicing interior design, provided that an architect shall not use the title
'registered interior designer' unless the architect has been granted a
certificate of registration under this article.
(c)
Nothing in this article shall be construed as prohibiting or restricting the
practice or activities of an interior decorator or individual offering interior
decorating services, including, but not limited to, selection of surface
materials, window treatments, wall coverings, paint, floor coverings, and
lighting fixtures.
43-4-35.
For
the purposes of this article, all the powers and duties provided in Chapter 1 of
this title apply, including but not limited to the authority to sanction or deny
registration as provided for applicants and licensees in Code Section
43-1-19.
43-4-36.
Any
person who has been certified or registered as an interior designer in another
state or foreign country may be issued a certificate of registration by the
board
director
to use the title 'registered interior designer,' provided that such person
demonstrates to the satisfaction of the
board
director
that he or
she meets the requirements for
registration in this state.
43-4-37.
(a)
It shall be unlawful for any person to use the title 'registered interior
designer' unless that person has been issued a certificate of registration as a
registered interior designer as provided in this article.
(b)
Any person violating the provisions of subsection (a) of this Code section shall
be guilty of a misdemeanor."
SECTION
1-7.
Said
title is further amended by revising Chapter 4B, relating to the Georgia
Athletic and Entertainment Commission, as follows:
"CHAPTER
4B
ARTICLE 1
ARTICLE 1
43-4B-1.
As
used in this chapter, the term:
(1)
'Amateur,' when applied to a person engaged in boxing, wrestling, or a martial
art, means a person who receives no compensation and engages in a match,
contest, or exhibition of boxing, wrestling, or a martial art that is governed
or authorized by:
(A)
U.S.A. Boxing;
(B)
The Georgia High School Athletic Association;
(C)
The National Collegiate Athletic Association;
(D)
Amateur Athletic Union;
(E)
Golden Gloves;
(F)
Team Georgia Amateur Wrestling;
(G)
USA Wrestling;
(H)
National High School Coaches Association;
(I)
North American Sport Karate Association;
(J)
International Sport Kick Boxing/Karate Association;
(K)
World Kick Boxing Association;
(L)
United States Kick Boxing Association;
(M)
International Sport Combat Federation;
(N)
Professional Karate Commission;
(O)
International Kick Boxing Federation; or
(P)
The local affiliate of any organization listed in this paragraph.
(2)
'Boxing match' means a contest between two individuals in which contestants
score points in rounds of two or three minutes by striking with padded fists the
head and upper torso of the opponent or by knocking the opponent down and
rendering the opponent unconscious or incapable of continuing the contest by
such blows,
which
and
such contest is held in a square ring
supervised by a referee and scored by three judges.
(3)
'Boxing registry' means a registry created or designated pursuant to subsection
(j) of Code Section 43-4B-4.
(3.1)
'Charitable organization' means an entity described by:
(A)
Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3));
or
(B)
Section 170(c), Internal Revenue Code of 1986 (26 U.S.C. Section
170(c)).
(4)
'Commission' means the Georgia Athletic and Entertainment
Commission, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibilities set forth in such
chapter.
(4.1)
'Director' means the director of professional licensing.
(5)
'Exhibition' means a contest where the participants engage in the use of boxing,
wrestling, or martial arts skills and techniques and where the objective is to
display such skills and techniques without striving to win.
(6)
'Face value' means the dollar value of a ticket or
order,
which value shall reflect
that
reflects the dollar amount that the
customer is required to pay or, for complimentary tickets, would have been
required to pay to purchase a ticket with equivalent seating priority in order
to view the match, contest, exhibition, or entertainment event. A complimentary
ticket shall not have a face value of $0.00. A complimentary ticket shall not
have a face value of less than that of the least expensive ticket available for
sale to the general public. Face value shall include any charges or fees, such
as dinner, gratuity, parking, surcharges, or any other charges or fees which are
charged to and must be paid by the customer in order to view the match, contest,
exhibition, or entertainment event. It shall exclude any portion paid by the
customer for federal, state, or local taxes.
(7)
'Gross proceeds' means the total revenue received solely from the sale of
tickets used or intended to be used by the audience physically attending any
event required to be licensed under this chapter.
(8)
'Gross receipts' means:
(A)
The gross price charged for the sale or lease of broadcasting, television, pay
per view, closed circuit, or motion picture rights without any deductions for
commissions, brokerage fees, distribution fees, production fees, advertising, or
other expenses or charges;
(B)
The face value of all tickets sold and complimentary tickets issued, provided,
or given; and
(C)
The face value of any seats issued, provided, or given in exchange for
advertising, sponsorships, or anything of value to the promotion of an
event.
(8.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(9)
'Local tax' means any occupation tax or other tax owed to a county or
municipality in order to hold a match, contest, or exhibition or to carry on a
business as a ticket broker within such county or municipality.
(9.1)
'Kickboxing' means unarmed combat involving the use of striking techniques
delivered with the upper and lower body and in which the competitors remain
standing while striking.
(10)
'Manager' means a person who under contract, agreement, or other arrangement
with a boxer, undertakes to control or administer, directly or indirectly, a
matter related to boxing on behalf of a boxer. Such term includes, but is not
limited to, a person who functions as a booking agent, adviser, or
consultant.
(10.1)
'Martial art' means any form of unarmed combative sport or unarmed combative
entertainment that allows contact striking, except boxing or
wrestling.
(10.2)
'Matchmaker' means a person who is employed by or associated with a promoter in
the capacity of booking and arranging professional matches, contests, or
exhibitions between opponents or who proposes professional matches, contests, or
exhibitions and selects and arranges for the participants in such events and for
whose activities in this regard the promoter is legally
responsible.
(11)
'Mixed martial arts' means unarmed combat involving the use of a combination of
techniques from different disciplines of the martial arts, including but not
limited to grappling, submission holds, and strikes with the upper and lower
body.
(11.1)
'Original purchaser for personal use' means a person who buys one or more
tickets with the intention of using the ticket or tickets solely for the use of
the purchaser or the purchaser's invitees, employees, and agents. An original
purchaser who resells more than six tickets to the same athletic contest or
entertainment event and who resells tickets to an athletic contest or
entertainment event for more than 105 percent of their face value shall be
rebuttably presumed to be engaging in the business of a ticket broker in any
criminal prosecution or civil action, order, or penalty by the
commission
director.
(11.2)
'Patron boxing,' 'patron wrestling,' or 'patron martial arts' means boxing,
wrestling, or martial arts that is not:
(A)
Governed or authorized by any organization listed in paragraph (1) of this Code
section;
(B)
Governed or authorized by an organization licensed by the
commission
director
in accordance with this chapter;
(C)
Governed or authorized by an organization exempted from licensure by the
commission
director
in accordance with this chapter; and
(D)
Licensed by the
commission
director
in accordance with Article 2 of this chapter.
(11.3)
'Pay per view' means a telecast for which a fee is required in addition to any
other fee paid by the viewer for any other services of the
telecaster.
(12)
'Person' means any individual, partnership, firm, association, corporation, or
combination of individuals of whatever form or character.
(13)
'Physician' means a doctor of medicine or other medical professional legally
authorized by any state to practice medicine.
(14)
'Professional' means a person who is participating or has participated in a
match, contest, or exhibition which is not governed or authorized by one or more
of the organizations listed in paragraph (1) of this Code section
and:
(A)
Has received or competed for or is receiving or competing for any cash as a
salary, purse, or prize for participating in any match, contest, or
exhibition;
(B)
Is participating or has participated in any match, contest, or exhibition to
which admission is granted upon payment of any ticket for admission or other
evidence of the right of entry;
(C)
Is participating or has participated in any match, contest, or exhibition which
is or was filmed, broadcast, or transmitted for viewing; or
(D)
Is participating or has participated in any match, contest, or exhibition which
provides a commercial advantage by attracting persons to a particular place or
promoting a commercial product or enterprise.
(15)
'Professional match, contest, or exhibition' means a match, contest, or
exhibition which is not governed or authorized by one or more of the
organizations listed in paragraph (1) of this Code section and:
(A)
Rewards a participant with cash as a salary, purse, or prize for such
participation;
(B)
Requires for admission payment of a ticket for admission or other evidence of
the right of entry;
(C)
Is filmed, broadcast, or transmitted for viewing; or
(D)
Provides a commercial advantage by attracting persons to a particular place or
promoting a commercial product or enterprise.
(16)
'Promoter' means the person primarily responsible for organizing, promoting, and
producing a professional match, contest, or exhibition and who is legally
responsible for the lawful conduct of such professional match, contest, or
exhibition.
(16.1)
'Promotion of unarmed combat' means the organization, promotion, production,
publicizing, or arranging of, or provision of a venue for, a competition of
unarmed combat by a person who receives some compensation or commercial benefit
from such competition.
(17)
'Purse' or 'ring earnings' means the financial guarantee or any other
remuneration, or part thereof, for which professional boxers or wrestlers are
participating in a match, contest, or exhibition and includes the boxer's or
wrestler's share of any payment received for radio broadcasting, television, or
motion picture rights.
(17.1)
'Shidokan' means unarmed combat involving three separate, segregated rounds in
which karate rules and techniques are exclusively used in one round, kickboxing
rules and techniques are exclusively used in one round, and grappling rules and
techniques are exclusively used in one round.
(18)
'State' means any of the 50 states, Puerto Rico, the District of Columbia, and
any territory or possession of the United States.
(19)
'Ticket broker' means:
(A)
Any person who is involved in the business of reselling tickets of admission to
athletic contests, concerts, theater performances, amusements, exhibitions, or
other entertainment events held in this state to which the general public is
admitted and who charges a premium in excess of the price of the ticket;
or
(B)
Any person who has a permanent office or place of business in this state who is
involved in the business of reselling tickets of admission to athletic contests,
concerts, theater performances, amusements, exhibitions, or other entertainment
events held inside or outside this state to which the general public is admitted
and who charges a premium in excess of the price of the ticket.
The
term ticket broker shall not include the owner, operator, lessee, or tenant of
the property in which an athletic contest or entertainment event is being held
or the sponsor of such a contest or event or the authorized ticket agent of such
persons.
(20)(A)
'Unarmed combat' means any form of competition between human beings or one or
more human beings and one or more animals in which:
(i)
One or more blows are struck which may reasonably be expected to inflict injury
on a human being; and
(ii)
There is some compensation or commercial benefit arising from such competition,
whether in the form of cash or noncash payment to the competitors or the person
arranging the competition; the sale of the right to film, broadcast, transmit,
or view the competition; or the use of the competition to attract persons to a
particular location for some commercial advantage or to promote a commercial
product or commercial enterprise.
Such
term also means any amateur kickboxing match in which the competitors are not
wearing protective gear.
(B)
Unarmed combat shall include but shall not be limited to: tough man fights, bad
man fights, nude boxing, nude wrestling, patron boxing, patron martial arts, and
patron wrestling.
(C)
Unarmed combat shall not include:
(i)
Professional boxing licensed in accordance with this chapter;
(ii)
Professional wrestling governed or authorized by an organization licensed or
exempted from licensure in accordance with this chapter;
(iii)
Amateur boxing governed or authorized by an organization listed in paragraph (1)
of this Code section;
(iv)
Amateur wrestling governed or authorized by an organization listed in paragraph
(1) of this Code section;
(v)
Any competition displaying the skills of a single form of an Oriental system of
unarmed combative sports or unarmed combative entertainment, including, but not
limited to, kickboxing, karate, or full-contact karate, that is held pursuant to
the rules of that form and governed or authorized by an organization licensed by
the
commission
director
in accordance with Article 4 of this chapter;
(vi)
Shidokan when the competition is governed or authorized by an organization
licensed by the
commission
director
in accordance with Article 4 of this chapter;
(vii)
Mixed martial arts fighting when the competition is governed or authorized by an
organization licensed by the
commission
director
in accordance with Article 4 of this chapter; or
(viii)
Other martial arts competitions, when governed or authorized by an organization
licensed by the
commission
director
in accordance with Article 4 of this chapter.
(21)
'Wrestling' means:
(A)
A staged performance of fighting and gymnastic skills and techniques by two or
more human beings who are not required to use their best efforts in order to win
and for which the winner may have been selected before the performance
commences; or
(B)
A performance of fighting and gymnastic skills and techniques by two or more
human beings.
43-4B-2.
(a)
The provisions of this chapter shall not be construed to apply to any match,
contest, or exhibition:
(1)
In which the contestants are all amateurs; and
(2)
Which is governed or authorized by:
(A)
U.S.A. Boxing;
(B)
The Georgia High School Athletic Association;
(C)
The National Collegiate Athletic Association;
(D)
Amateur Athletic Union;
(E)
Golden Gloves;
(F)
Team Georgia Amateur Wrestling;
(G)
USA Wrestling;
(H)
National High School Coaches Association;
(I)
North American Sport Karate Association;
(J)
International Sport Kick Boxing/Karate Association;
(K)
World Kick Boxing Association;
(L)
United States Kick Boxing Association;
(M)
International Sport Combat Federation;
(N)
Professional Karate Commission;
(O)
International Kick Boxing Federation; or
(P)
The local affiliate of any organization listed in this paragraph.
(b)
The provisions of this chapter shall not apply to any matches, contests, or
exhibitions of professional wrestling or to a promoter or organization that
promotes, organizes, or governs such matches, contests, or exhibitions where
such promoter or organization is a corporation that, at the time of such
matches, contests, or exhibitions:
(1)
Is registered under the federal Securities Exchange Act of 1934;
and
(2)
Has total assets of not less than $25 million.
43-4B-3.
(a)
The State Boxing Commission in existence immediately prior to July 1, 2001, is
continued in existence subject to the provisions of this chapter. On and after
July 1, 2001, the name of such commission shall be the Georgia Athletic and
Entertainment Commission. The membership of the commission shall continue
unchanged except as otherwise expressly provided by this chapter.
(b)
The commission shall be composed of five members appointed by the Governor.
Each member of the commission shall be appointed for a term of four years and
until his or her successor is appointed. Vacancies shall be filled for the
unexpired terms under the same procedures and requirements as appointments for
full terms.
(c)
The commission shall elect a chairperson from among its membership for a term of
one year. The commission may elect a vice chairperson from its membership for a
term of one year. Any member serving as chairperson shall be eligible for
successive election to such office by the commission.
(d)
The commission's medical advisory panel, appointed by the Governor, shall
consist of four persons licensed to practice medicine in Georgia pursuant to the
provisions of Chapter 34 of this title. They shall represent the specialties of
neurology, ophthalmology, sports medicine, and general medicine. The medical
advisory panel shall advise and assist the
commission
and its staff
licensing
board regarding issues and questions
concerning the medical safety of applicants or licensees, including, but not
limited to, matters relating to medical suspensions. The medical advisory panel
may meet
separately from the commission to discuss
and formulate recommendations for the
commission
licensing
board in connection with medical safety.
Members of the medical advisory panel shall not be counted in determining a
quorum of the commission and shall not vote as commission members.
(e)
Each member of the commission and the medical advisory panel shall be reimbursed
for expenses and travel as provided for members of various professional
licensing boards in subsection (f) of Code Section 43-1-2.
43-4B-4.
(a)
The
commission
licensing
board is the sole regulator of
professional boxing in Georgia and shall have authority to protect the physical
safety and welfare of professional boxers and serve the public interest by
closely supervising all professional boxing in Georgia.
(b)
The
commission
licensing
board shall have the sole jurisdiction to
license the promotion or holding of each professional match, contest, or
exhibition of boxing promoted or held within this state.
(c)
The
commission
director
shall have the sole authority to license participants in any professional match,
contest, or exhibition of boxing held in this state.
(d)
The
commission
licensing
board has the authority to direct, manage,
control, and supervise all professional matches, contests, or exhibitions of
boxing. It
may adopt bylaws for its own management and promulgate and enforce rules and
regulations consistent with this chapter.
(e)
The
commission
director
may appoint one or more inspectors as duly authorized representatives of the
commission
director
to ensure that the rules are strictly observed. Such inspectors shall be
present at all professional matches, contests, or exhibitions of
boxing.
(f)
The
commission
director
may designate physicians as duly authorized representatives of the
commission
director
to conduct physical examinations of boxers licensed under this chapter and shall
designate a roster of physicians authorized to conduct prefight physicals and
serve as ringside physicians in all professional boxing matches held in this
state.
(g)
The
commission
director
or any agent duly designated by the
commission
director
may make investigations. The
commission
director
may hold
hearings; issue subpoenas to compel the
attendance of witnesses and the production of books, papers, and records; and
administer oaths to and examine any witnesses for the purpose of determining any
question coming before
it
the
director under this chapter or under the
rules and regulations adopted pursuant to this chapter. During an investigation
of any allegation which, if proven, would result in criminal or civil sanctions
as provided in this chapter, the
commission
director
may withhold all or a portion of the gross receipts to which the person under
investigation is entitled until such time as the matter has been
resolved.
(h)
The
commission
director
shall be authorized to engage in activities which promote amateur boxing in this
state and to contract with any nonprofit organization which is exempted from the
taxation of income pursuant to Code Section 48-7-25 for the provision of
services related to the promotion of amateur boxing in this state. To support
amateur boxing in this state, the
commission
director
may promote voluntary contributions through the application process or through
any fund raising or other promotional technique deemed appropriate by the
commission
director.
(i)
Pursuant to 15 U.S.C.A. Section 6301, et seq., the
commission
director
is authorized to issue to each boxer who is a resident of this state an
identification card bearing the boxer's photograph and in such form and
containing such information as the
commission
licensing
board deems necessary and appropriate.
The
commission
director
is expressly authorized to ensure that the form and manner of issuance of such
identification cards comply with any applicable federal law or regulation. The
commission
director
is authorized to charge an amount
set by the
licensing board not to exceed $100.00 per
card for the issuance or replacement of each identification card.
(j)
The
commission
director
is authorized to create a boxing registry or to designate a nationally
recognized boxing registry and to register each boxer who is a resident of this
state or who is a resident of another state which has no boxing
registry.
(k)
The
commission
director
is authorized to inquire into the financial backing of any professional match,
contest, or exhibition of boxing and obtain answers to written or oral questions
propounded to all persons associated with such professional event.
(l)
The
commission
director
is authorized to receive tax payments in accordance with Code Section 43-4B-20,
and to remit such tax payments to the general treasury.
43-4B-5.
The
Secretary
of State shall designate the secretary of the commission,
who
director
shall issue licenses and identification cards and perform such other duties as
the
commission
licensing
board may direct to carry out the
provisions of this chapter.
43-4B-6.
(a)
The commission shall meet upon the call of the chairperson or upon the call of
any two members. The business of the commission shall be conducted by a
majority vote of the members present. A majority of the commission members
shall constitute a quorum.
(b)
The chairperson, if necessary, may within ten days of receiving an application
and license fee call a meeting of the commission for the purpose of approving or
rejecting an application for a license or match permit which has been submitted
to the commission. The meeting shall be held within 20 days of the
chairperson's call at a place designated by the chairperson.
43-4B-7.
The
commission
licensing
board shall adopt rules and regulations
governing professional boxing to establish the following:
(1)
Procedures to evaluate the professional records and physicians' certifications
of each boxer participating in a professional match, contest, or exhibition of
boxing and to deny authorization for a professional boxer to fight where
appropriate;
(2)
Procedures to ensure that, except as otherwise provided in subsection (c) of
Code Section 43-4B-13, no professional boxer is permitted to box while under
suspension from any state boxing commission because of:
(A)
A recent knockout, technical knockout, or series of consecutive
losses;
(B)
An injury, requirement for a medical procedure, or physician's denial of
certification;
(C)
Failure of a drug test; or
(D)
The use of false aliases or falsifying official identification cards or
documents; and
(3)
Procedures to report to the boxing registry the results of all professional
matches, contests, or exhibitions of boxing held in this state or being
supervised by the
commission
director
and any related suspensions.
43-4B-8.
No
member or employee of the commission and
no
A member of
the licensing board, the director, an employee of the licensing board or the
director, and a person who administers or
enforces the provisions of this chapter or rules promulgated in accordance with
this chapter may
not
belong to, contract with, or receive any compensation from any person or
organization who authorizes, arranges, or promotes professional matches,
contests, or exhibitions of boxing, martial arts, or wrestling or who otherwise
has a financial interest in any activity or licensee regulated by
this
commission
the licensing
board. The term 'compensation' does not
include funds held in escrow for payment to another person in connection with a
professional match, contest, or exhibition of boxing, martial arts, or
wrestling.
ARTICLE
2
43-4B-10.
(a)
No person shall promote or hold a professional match, contest, or exhibition of
boxing within this state without first applying for and obtaining a promoter's
license from the
commission
director.
Licenses shall be issued annually and shall expire on December 31 of each
calendar year.
(b)
Promoters shall apply to the
commission
director
for a license required by subsection (a) of this Code section on a form provided
by the
commission
licensing
board. The application shall be
accompanied by a nonrefundable fee not to exceed $250.00 in the form of a
cashier's check made out to the
commission
director.
The application shall also be accompanied by a performance bond in an amount and
under such conditions as the
commission
licensing
board may require.
(c)
No person shall promote or hold a professional match, contest, or exhibition of
boxing within this state without first applying for and obtaining a match permit
from the
commission
director
for such professional match, contest, or exhibition of boxing in addition to the
license required by subsection (a) of this Code section. Each application for a
match permit shall be on a form provided by the
commission
licensing
board and shall be accompanied by a
nonrefundable application fee not to exceed $250.00 in the form of a cashier's
check made out to the
commission
director.
The
commission
director
may charge an additional match fee in accordance with rules and regulations
promulgated by the
commission
licensing
board to implement the provisions of this
article.
(d)
The
commission
director
may, prior to issuing any match permit, require a performance bond in addition
to that required in subsection (b) of this Code section.
(e)
The
commission
director
may refund any portion of the match permit fee in excess of $250.00 to any
person who paid such excess fee in the event the professional match, contest, or
exhibition of boxing for which such fees were paid is not held.
43-4B-11.
(a)
Prior to participating in a professional match, contest, or exhibition of boxing
supervised by the
commission
licensing
board, referees, judges, timekeepers,
matchmakers, boxers, managers, trainers, and each person who assists a boxer
immediately before and after a match, contest, or exhibition of boxing and
between rounds during a match, contest, or exhibition of boxing shall apply for
and be issued licenses. Licenses shall be issued annually and shall expire on
December 31 of each calendar year. Each applicant shall make application on a
form provided by the
commission
licensing
board and pay an annual license fee not to
exceed $250.00. Any boxer who has been licensed by the
commission
director
during a previous year shall be deemed to be an applicant for a license in any
year for which such boxer has entered into a written contract to participate in
a professional match, contest, or exhibition of boxing in this state upon the
date of entering into such a contract. Any party to such a contract may notify
the
commission
director
that such a contract has been signed.
(b)
The
commission
director
shall issue a license under this Code section only if:
(1)
The
commission
director
has determined to the best of
its
his or
her ability that the applicant has the
training or skills necessary to perform in a manner appropriate to the
license;
(2)
The applicant has complied with all applicable requirements of this chapter and
any rules and regulations promulgated pursuant to this chapter; and
(3)
The
commission
director
or
its
his or
her designated representative has
determined from information provided by the applicant and from any medical
evaluation required by the
commission
licensing
board or the director that the health,
welfare, and physical safety of the applicant will not be unduly jeopardized by
the issuance of the license.
43-4B-12.
In
addition to the license required in Code Section 43-4B-11, each professional
boxer who is a resident of this state or another state which has no state boxing
commission is required to register with a boxing registry created or designated
by the
commission
director
and renew his or her registration as prescribed by rules of the
commission
licensing
board. At the time of registration and
renewal, the boxer shall provide the boxing registry with a recent photograph of
the boxer and the social security number of the boxer or, in the case of a
foreign boxer, any similar citizen identification number or boxer number from
the country of residence of the boxer, along with any other information the
commission
licensing
board requires. The boxing registry shall
issue a personal identification number to each boxer and such number shall
appear on the identification card issued to the boxer as a result of
registration. Each boxer is required to present to the
boxing
commission
director
an identification card issued by the state in which he or she resides not later
than the time of the weigh-in for a professional match, contest, or exhibition.
The
commission
director
may charge a registration fee in an amount calculated to cover the
administrative expense of such registration
as established
by the licensing board.
43-4B-13.
(a)
The
commission
director
shall have the authority to refuse to grant a license to an applicant upon a
finding by
a majority
of the entire commission
the
director that the applicant has failed to
demonstrate the qualifications or standards for a license contained in this Code
section or under the laws, rules, and regulations under which licensure is
sought. It shall be incumbent upon the applicant to demonstrate to the
satisfaction of the
commission
director
that he or she meets all the requirements for the issuance of a license, and, if
the
commission
director
is not satisfied as to the applicant's qualifications,
it
the
director may deny a license without a
prior hearing; provided, however, that the applicant shall be allowed to appear
before the
commission
licensing
board if he or she so
desires.
(b)
The
commission
director
may, by
majority vote, after prior notice to the
holder of any state license and after affording such a holder an opportunity to
be heard, fine the license holder, revoke or suspend a state license, or take
other disciplinary action against the licensee, and:
(1)
The
commission
director
shall, upon the recommendation of any officially designated representative for
reasons involving the medical or physical safety of any professional boxer
licensed by the
commission
director,
summarily suspend any license previously issued by the
commission
director
or take other disciplinary action against any licensee; provided, however, that
such licensee shall, after such summary suspension, be afforded an opportunity
to be heard, in accordance with the rules of the
commission
licensing
board and
Chapter 13
of Title 50, the 'Georgia Administrative Procedure
Act.'
Code Section
43-1-3.1. Any such summary suspension
imposed against such a licensee may include, but shall not be limited
to:
(A)
Prohibiting any boxer from competing, appearing in, or participating in any
professional match, contest, or exhibition within 60 days of having suffered a
knockout; or
(B)
Prohibiting any boxer from competing, appearing in, or participating in any
professional match, contest, or exhibition within 30 days of having suffered a
technical knockout where evidence of head trauma has been determined by the
attending ringside physician.
The
length of any summary suspension invoked pursuant to subparagraph (A) or (B) of
this paragraph, upon recommendation of the ringside physician, may be extended
to any number of days. Terms and conditions of the suspension or revocation may
require that the boxer submit to further medical evaluation as determined by the
ringside physician; and
(2)
The
commission,
its secretary, or its
director or
his or her duly authorized representative
may, at any time prior to the completion of a permitted professional match,
contest, or exhibition of boxing, summarily suspend or revoke the match permit
or the license of any specific boxer should it be determined by such person that
the continuation of said professional match, contest, or exhibition of boxing
may jeopardize the health, welfare, morals, or safety of the citizens of this
state or may jeopardize the health or personal safety of any participant of such
professional match, contest, or exhibition of boxing; provided, however, that
such licensee shall, after such summary suspension, be afforded an opportunity
to be heard, in accordance with the rules of the
commission
licensing
board and
Chapter 13
of Title 50, the 'Georgia Administrative Procedure
Act.'
Code Section
43-1-3.1.
(c)
The
commission
director
may revoke a suspension of a boxer if:
(1)
The boxer was suspended pursuant to rules and regulations adopted pursuant to
subparagraph (A) or (B) of paragraph (2) of Code Section 43-4B-7 and has
furnished proof of a sufficiently improved medical or physical condition;
or
(2)
The boxer furnishes proof that a suspension pursuant to subparagraph (D) of
paragraph (2) of Code Section 43-4B-7 was not or is no longer merited by the
facts.
43-4B-14.
No
person may arrange, promote, organize, produce, or participate in a professional
match, contest, or exhibition of boxing without meeting the following
requirements:
(1)
Each boxer must be examined by a physician who must then certify that the boxer
is physically fit to compete safely. Copies of each such certificate shall be
provided to the
commission
director
prior to the professional match, contest, or exhibition of boxing. The
commission
director
is authorized at any time to require a boxer to undergo a physical examination,
including neurological or neuropsychological tests and procedures;
(2)
A physician approved by the
commission
licensing
board must be continuously present at
ringside during every professional match, contest, or exhibition of boxing. The
physician shall observe the physical condition of the boxers and advise the
referee with regards thereto;
(3)
One or more inspectors appointed by the
commission
director
as duly authorized representatives of the
commission
director
shall be present at each professional match, contest, or exhibition of boxing to
ensure that the rules are strictly observed. An inspector or other duly
authorized representative of the
commission
director
must be present at the weigh-in and at the ring during the conduct of the
professional match, contest, or exhibition of boxing. Inspectors and other duly
authorized representatives of the
commission
director
shall have free access to the dressing rooms of the boxers;
(4)
Each boxer shall be covered by health insurance which will cover injuries
sustained during the professional match, contest, or exhibition of boxing;
and
(5)
An ambulance and medical personnel with appropriate resuscitation equipment must
be continuously present at the site during any professional match, contest, or
exhibition of boxing.
43-4B-15.
It
shall be unlawful for any boxer to participate or attempt to participate in a
professional match, contest, or exhibition of boxing while under the influence
of alcohol or any drug. A boxer shall be deemed under the influence of alcohol
or a drug for the purposes of this Code section if a physical examination made
during a period of time beginning not more than six hours prior to the beginning
of the professional match, contest, or exhibition of boxing and ending not more
than one hour after the completion of the professional match, contest, or
exhibition of boxing reveals that the boxer's mental or physical ability is
impaired in any way as a direct result of the use of alcohol or a
drug.
43-4B-16.
All
buildings or structures used or intended to be used for holding or giving
professional matches, contests, or exhibitions of boxing shall be safe and shall
in all manner conform to the laws, ordinances, and regulations pertaining to
buildings in the city or unincorporated area of the county where the building or
structure is situated.
43-4B-17.
(a)
No person under the age of 18 years shall participate as a contestant in any
professional match, contest, or exhibition of boxing.
(b)
A primary duty of the
commission
licensing
board is ensuring that any person whose
health does not permit safely engaging in boxing as a contestant is not licensed
as a professional boxer. The General Assembly finds that adequate protection of
the health of persons who are 50 years of age or older requires additional
precautions by the
commission
licensing
board. A person who is 50 years of age or
older shall be licensed as a professional boxer and permitted to participate in
a professional match, contest, or exhibition of boxing only if such
person:
(1)
Has participated as a contestant in at least ten professional matches or
contests of boxing in the immediately preceding ten years, including at least
four professional matches or contests of boxing in the immediately preceding
four years; and
(2)
Is declared medically and physically able to participate as a contestant in a
professional match, contest, or exhibition of boxing by a physician who has
conducted a more rigorous examination than examinations performed in accordance
with this chapter for persons who are younger than 50 years of age.
(c)
The
commission
licensing
board shall promulgate and adopt rules and
regulations for the more rigorous examination required by this Code section for
persons who are 50 years of age or older.
43-4B-18.
The
commission
licensing
board shall have jurisdiction over any
professional match, contest, or exhibition of boxing which occurs or is held
within this state, is filmed in this state, or is broadcast or transmitted from
this state.
43-4B-19.
(a)
Whenever it may appear to the
commission
director
that any person is violating or has violated any provision of this article or
Article 1 of this chapter and that proceedings would be in the public
interest:
(1)
Subject to notice and opportunity for hearing in accordance with
Chapter 13
of Title 50, the 'Georgia Administrative Procedure
Act,'
Code Section
43-1-3.1, unless the right to notice is
waived by the person against whom the sanction is imposed, the
commission
director
may:
(A)
Issue a cease and desist order prohibiting any violation of this article or
Article 1 of this chapter;
(B)
Issue an order against a person who violates this article or Article 1 of this
chapter, imposing a civil penalty up to a maximum of $1,000.00 per violation;
or
(C)
Issue an order suspending or revoking the license of the person violating this
article or Article 1 of this chapter; or
(2)
Upon a showing by the
commission
director
in any superior court of competent jurisdiction that a person has violated or is
about to violate this article or Article 1 of this chapter, a rule promulgated
under this article or Article 1 of this chapter, or an order of the
commission
director,
the court may enter or grant any or all of the following relief:
(A)
A temporary restraining order or a temporary or permanent
injunction;
(B)
A civil penalty up to a maximum of $2,000.00 per violation of this article or
Article 1 of this chapter;
(C)
A declaratory judgment;
(D)
Restitution to any person or persons adversely affected by a defendant's action
in violation of this article or Article 1 of this chapter; or
(E)
Other relief as the court deems just or reasonable.
(b)
Unless the
commission
director
determines that a person subject to this article intends to depart quickly from
this state or to remove his or her property from this state or to conceal his or
her person or property in this state or that there is immediate danger of harm
to citizens of this state or another state, the
commission
director
shall give notice in writing that such proceedings are contemplated and allow
such person a reasonable opportunity to appear before the
commission
licensing
board in accordance with Code Section
43-1-3.1 and execute an assurance of
voluntary compliance. The determination of the
commission
licensing
board under this subsection shall be final
and not subject to review.
(c)
Procedures relating to hearings, notice, counsel, subpoenas, records,
enforcement powers, intervention, rules of evidence, decisions, exceptions,
review of initial decisions, final decisions, and judicial review of decisions
shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act,' unless the provisions of such chapter are contrary to the
express provisions of this article or Article 1 of this chapter.
43-4B-20.
(a)
A promoter holding a match, contest, or exhibition of boxing shall, within three
business days after the match, file with the
commission
director
a written report which includes the number of tickets sold, the amount of gross
receipts, the amount of gross proceeds, and any other facts the
commission
licensing
board may require. Within ten days
following the match, contest, or exhibition of boxing, the promoter shall remit
to the
commission
director
a tax payment in the amount of 5 percent of the gross proceeds exclusive of any
federal taxes.
(b)
A promoter who sells, transfers, or extends to another the rights to telecast by
pay per view for viewing in this state, whether the telecast originates inside
or outside this state, a match, contest, or exhibition of boxing that would be
subject to regulation by the
commission
licensing
board in accordance with this chapter if
the match, contest, or exhibition were held in this state, shall, within three
business days after the sale, transfer, or extension of such rights in whole or
in part, file with the
commission
director
a written report that includes the gross price charged for the rights to
telecast by pay per view, the number of tickets sold, the amount of gross
receipts, and any other facts the
commission
licensing
board may require.
(c)
Any written report required to be filed with the
commission
director
under this Code section shall be postmarked within three business days after the
conclusion of the match or telecast, if the telecast is later than the match,
and an additional five days shall be allowed for mailing.
(d)
Each promoter subject to subsection (b) of this Code Section shall remit to the
commission
director
within ten days following a match, contest, or exhibition a tax payment in the
amount of 5 percent of total gross receipts, as defined in subparagraph (A) of
paragraph (8) of Code Section 43-4B-1, exclusive of any federal taxes, except
that the tax payment derived from the gross price charged for the sale or lease
of pay per view telecasting and motion picture rights shall not exceed
$40,000.00 for any single event.
(e)(1)
Any promoter who willfully makes a false and fraudulent report under this Code
section is guilty of perjury and, upon conviction, is subject to punishment as
provided by law. Such penalty shall be in addition to any other penalties
imposed by this chapter.
(2)
Any promoter who willfully fails, neglects, or refuses to make a report or to
pay the taxes as prescribed or who refuses to allow the
commission
director
to examine the books, papers, and records of any promotion is guilty of a
misdemeanor.
(f)
The
commission
director
shall remit all tax payments to the general treasury of the state.
43-4B-21.
(a)
Whenever the Attorney General has reasonable cause to believe that a person is
engaged in a violation of this article, the Attorney General may bring a civil
action requesting such relief, including a permanent or temporary injunction,
restraining order, or other order against such person as the Attorney General
determines to be necessary to restrain the person from continuing to engage in,
sanction, promote, or otherwise participate in a professional match, contest, or
exhibition of boxing in violation of this article.
(b)(1)
Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces
or causes any other person to violate any provision of this article shall, upon
conviction, be imprisoned for not more than one year or fined not more than
$20,000.00, or both.
(2)
Any member of
the licensing board, the director,
or
any
employee of the
commission
licensing
board or of the director, or any person
who administers or enforces this chapter or rules and regulations promulgated
pursuant to this chapter who knowingly violates Code Section 43-4B-14 or Code
Section 43-4B-15 shall, upon conviction, be imprisoned for not more than one
year or fined not more than $20,000.00, or both.
(3)
Any professional boxer who knowingly violates any provision of this article
except Code Section 43-4B-15 shall, upon conviction, be fined not more than
$1,000.00 for each violation.
(4)
Any professional boxer who violates the provisions of Code Section 43-4B-15 may
be punished by a fine not to exceed $25,000.00 together with a percentage of the
purse not to exceed 15 percent for each violation.
(c)
Unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor of a high
and aggravated nature.
(d)
Promotion of unarmed combat, as defined in Code Section 43-4B-1, is a
misdemeanor for the first offense; a high and aggravated misdemeanor for the
second offense; and a felony for the third and subsequent offenses, punishable
upon conviction by a fine not to exceed $10,000.00 or imprisonment not to exceed
two years, or both such fine and imprisonment.
ARTICLE
3
43-4B-25.
(a)
Except as otherwise provided in Code Section 43-4B-29, it shall be unlawful for
any person other than a ticket broker to resell or offer for resale any ticket
of admission or other evidence of the right of entry to any athletic contest,
concert, theater performance, amusement, exhibition, or other entertainment
event to which the general public is admitted for a price in excess of the face
value of the ticket. Notwithstanding any other provision of this article to the
contrary, a service charge not to exceed $3.00 may be charged when tickets or
other evidences of the right of entry are sold by an authorized ticket agent
through places of established business licensed to do business by the
municipality or county, where applicable, in which such places of business are
located. Notwithstanding any other provision of this article to the contrary,
the owner, operator, lessee, or tenant of the property on which such athletic
contest or entertainment event is to be held or is being held or the sponsor of
such contest or event may charge or may authorize, in writing, any person to
charge a service charge for the sale of such ticket, privilege, or license of
admission in addition to the face value of the ticket. Such writing granting
authority to another shall specify the amount of the service charge to be
charged for the sale of each ticket, privilege, or license of
admission.
(b)
Notwithstanding any other provision of this article to the contrary, in the case
of any athletic contest or entertainment event that is described in Code Section
43-4B-30, a sponsor of such a contest or event may contractually restrict the
resale of a ticket to such contest or event by giving notice of such restriction
on the back of the ticket. Notwithstanding any other provision of this article
to the contrary, in the case of any athletic contest or entertainment event, an
owner, operator, lessee, or tenant of the property on which such contest or
event is to be held or is being held may contractually restrict the resale of
the right of occupancy of any specific suite, seat, or seating area by giving
notice in writing of such restriction.
43-4B-26.
In
order to engage in the practice or business of a ticket broker a person shall be
required to:
(1)
Maintain a permanent office or place of business in this state, excluding a post
office box, for the purpose of engaging in the business of a ticket
broker;
(2)
Apply to the
commission
director
for a ticket broker's license on a form designated by the
commission
licensing
board, pay an annual license fee of
$500.00, and renew the license annually;
(3)
Pay any local tax required by a local government; and
(4)
Register for sales and use tax purposes pursuant to Article 1 of Chapter 8 of
Title 48.
43-4B-27.
No
person shall engage in the practice or business of a ticket broker, or be
employed as general manager for a person engaged in the practice or business of
a ticket broker, who has been convicted of a felony and who has not been
pardoned or had his or her civil rights restored.
43-4B-28.
(a)
The ticket broker shall be required to:
(1)
Post at its established place of business the terms of the purchaser's right to
cancel the purchase of a ticket from a ticket broker;
(2)
Disclose to the purchaser the refund policy of the ticket broker should an
athletic contest or entertainment event be canceled;
(3)
Disclose to the purchaser in writing the difference between the face value of
the ticket and the amount which the ticket broker is charging for such ticket;
and
(4)
Sell tickets only at its permanent office, place of business, or through the
Internet; provided, however, that delivery of one or more tickets after the
transaction is completed to a place other than the ticket broker's office or
place of business shall not violate this paragraph.
(b)(1)
A ticket broker shall be prohibited from employing any agent or employee for the
purpose of making future purchases of tickets from the owner, operator, lessee,
or tenant of the property on which an athletic contest or entertainment event is
to be held.
(2)
Each ticket broker, including any affiliated group of ticket brokers, shall be
prohibited from acquiring and reselling in excess of 1 percent of the total
tickets allocated for any contest or event.
(3)
Unless otherwise provided in a written agreement between a ticket broker and the
purchaser, a ticket broker shall be required to refund any payment received for
the purchase of a ticket under this article if the purchaser returns the ticket
and requests a cancellation of the sale thereof within 36 hours from the time of
purchase of the ticket and if such return is made more than 72 hours preceding
the athletic contest or entertainment event.
(4)
A ticket broker shall be required to refund any payment received for the
purchase of a ticket under this article if the athletic contest or entertainment
event is canceled and not rescheduled.
(5)
If a ticket broker guarantees in writing delivery of a ticket or tickets to an
athletic contest or entertainment event as provided under this article to a
purchaser and fails to complete such delivery, the ticket broker shall be
required to provide within 15 days a full refund of any amount paid by the
purchaser and, in addition, shall pay the purchaser a refund fee of three times
the amount paid by the purchaser for each such ticket.
(c)(1)
For all venues which seat or admit less than 15,000 persons, a ticket broker and
its employees, agents, and assigns are criminally prohibited from reselling or
offering for resale any ticket within 1,500 feet from the venue where an event
or contest is to be held or is being held.
(2)
For all venues which seat or admit 15,000 or more persons, a ticket broker and
its employees, agents, and assigns are criminally prohibited from reselling or
offering for resale any ticket within 2,700 feet from the venue where an event
or contest is to be held or is being held.
(d)
Any ticket broker offering to resell tickets to an athletic contest or
entertainment event through any printed, broadcast, or Internet advertising
shall include in such advertising the license number of such ticket broker
offering such tickets for resale.
43-4B-29.
(a)
No provision of this article or any other provision of law shall criminally
prohibit any person who is the original purchaser for personal use of one or
more tickets to an athletic contest or entertainment event covered under this
article from reselling or offering for resale any of such tickets for any price,
provided that such person does not sell or offer to sell such tickets within
2,700 feet of a venue which seats or admits 15,000 or more persons for such a
contest or event or a public entrance to such a contest or event.
(b)
Charitable organizations and their employees and volunteers shall not be subject
to the provisions of this article when offering for sale any tickets of
admission in a raffle, auction, or similar fundraising activity for the benefit
of the organization's charitable purposes.
43-4B-29.1.
(a)
Notwithstanding subsection (c) of Code Section 43-4B-28 and subsection (b) of
Code Section 43-4B-30, no provision of this article or any other provision of
law shall provide a criminal penalty for or prohibit the resale or offering for
resale of a ticket or tickets to an athletic contest or entertainment event
covered under this article by a ticket broker or a ticket broker's employees,
agents, and assigns in a zone or zones within the area where such resale or
offering for resale is prohibited by such subsections, if such activity is
authorized by the organizer of the contest or event and the owner or operator of
the venue where such contest or event is being held or to be held.
(b)
Notwithstanding subsection (a) of Code Section 43-4B-29 and subsection (b) of
Code Section 43-4B-30, no provision of this article or any other provision of
law shall provide a criminal penalty for or prohibit the resale or offering for
resale of a ticket or tickets purchased by any person who is the original
purchaser for personal use of such ticket or tickets to an athletic contest or
entertainment event covered under this article in a zone or zones within the
area where such resale or offering for resale is prohibited by such subsections,
if such activity is authorized by the organizer of the contest or event and the
owner or operator of the venue where such contest or event is being held or to
be held.
43-4B-30.
(a)
With regard to any single athletic contest or entertainment event which occurs
no more often than once annually and with regard to any series of athletic
contests which occur no more often than once annually and which occur within a
time period not exceeding ten days, the municipal corporation in which such
contest, event, or series of contests is to be held, or if the contest, event,
or series of contests is to be held in an unincorporated area, the county of
such unincorporated area, is authorized to enact by ordinance regulations
governing ticket brokers for such contest, event, or series of contests which
are more restrictive than the provisions of this article.
(b)
The municipal corporation in which an athletic contest or entertainment event is
to be held, or if the contest or entertainment event is to be held in an
unincorporated area, the county of such unincorporated area, is authorized to
enact an ordinance prohibiting the resale or offering for resale of one or more
tickets by a ticket broker or by a person who is the original purchaser for
personal use of one or more tickets within 2,700 feet of a venue which seats or
admits 15,000 or more persons.
43-4B-31.
Any
person who violates this article is guilty of a misdemeanor of a high and
aggravated nature.
43-4B-32.
(a)
In addition to the powers and duties set out in Code Section 43-4B-3, the
commission
licensing
board is authorized to promulgate rules
and regulations to accomplish the purposes of this article in accordance with
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The
commission
director
shall enforce the provisions of this article. The enforcement powers of the
commission
director
set out in this Code section shall be in addition to the criminal penalty
provided by Code Section 43-4B-31.
(b)
Whenever it may appear to the
commission
director
that any person is violating or has violated any provision of this article and
that proceedings would be in the public interest:
(1)
Subject to notice and opportunity for hearing in accordance with
Chapter 13
of Title 50, the 'Georgia Administrative Procedure
Act,'
Code Section
43-1-3.1, unless the right to notice is
waived by the person against whom the sanction is imposed, the
commission
director
may:
(A)
Issue a cease and desist order prohibiting any violation of this
article;
(B)
Issue an order against a person who violates this article, imposing a civil
penalty up to a maximum of $1,000.00 per violation; or
(C)
Issue an order suspending or revoking the ticket broker's license;
or
(2)
Upon a showing by the
commission
director
in any superior court of competent jurisdiction that a person has violated or is
about to violate this article, a rule promulgated under this article, or an
order of the
commission
director,
the court may enter or grant any or all of the following relief:
(A)
A temporary restraining order or a temporary or permanent
injunction;
(B)
A civil penalty up to a maximum of $2,000.00 per violation of this
article;
(C)
A declaratory judgment;
(D)
Restitution to any person or persons adversely affected by a defendant's action
in violation of this article; or
(E)
Other relief as the court deems just or reasonable.
(c)
Unless the
commission
director
determines that a person subject to this article intends to depart quickly from
this state or to remove his or her property from this state or to conceal his or
her person or property in this state or that there is immediate danger of harm
to citizens of this state or another state, the
commission
director
shall give notice
as provided in
Code Section 43-1-3.1 and allow such
person a reasonable opportunity to appear before the
commission
director
and execute an assurance of voluntary compliance. The determination of the
commission
licensing
board or director under this subsection
shall be final and not subject to review.
(d)
Procedures relating to hearings, notice, counsel, subpoenas, records,
enforcement powers, intervention, rules of evidence, decisions, exceptions,
review of initial decisions, final decisions, and judicial review of decisions
shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act,' unless the provisions of such chapter are contrary to the
express provisions of this article.
ARTICLE
4
43-4B-50.
(a)
The
commission
director
shall have the sole authority to license organizations that govern and authorize
matches, contests, and exhibitions of martial arts and wrestling and to exempt
organizations from licensure in accordance with this article. The
commission
director
shall have the sole authority to permit and regulate matches, contests, and
exhibitions of martial arts and wrestling. The
commission
director
shall have the sole authority to license promoters of matches, contests, and
exhibitions of martial arts. The
commission
licensing
board shall have the duty to safeguard the
public health, to protect competitors, and to provide for competitive matches by
requiring licensed organizations to abide by rules promulgated by the
commission
licensing
board for basic minimum medical and safety
requirements based on the nature of the activity and the anticipated level of
physical conditioning and training of competitors. The
commission
director
shall have the authority to inquire as to a licensed organization's plans or
arrangements for compliance with such rules. The
commission
licensing
board shall have the authority to require
annual fees for licensure and a fee for each such match, contest, or exhibition
or for each show and to penalize licensed organizations, licensed promoters, and
the holders of match permits that violate the provisions of this article or
rules of the
commission
licensing
board promulgated in accordance with this
article.
(b)
If requested by a licensed organization, the
commission
director
shall have the authority to provide direct oversight services, including but not
limited to on-site inspectors, to a licensed organization for a fee negotiated
between the
commission
licensing
board and the licensed
organization.
43-4B-51.
(a)
Except as otherwise provided in subsection (c) of this Code section, the annual
fee for licensure of organizations subject to this article is
$1,000.00.
(b)
As used in this subsection, the term 'show' includes all matches, contests, or
exhibitions held at the same venue on the same date and included in the same
admission fee if an admission fee is charged. Except as otherwise provided in
subsection (c) of this Code section, the maximum permit fee for each show
authorized or governed by an organization licensed in accordance with this
article is $250.00. The maximum permit fee for each match, contest, or
exhibition that is not a component of a show and is authorized by an
organization licensed in accordance with this article is $250.00, except as
otherwise provided in subsection (c) of this Code section. Such fee shall be
paid to the
commission
director
on or before the date of the match, contest, or exhibition. The
commission
director
may provide by rule for a refund of a portion of the fee if the match, contest,
or exhibition is not held.
(c)
For organizations authorizing or governing matches, contests, or exhibitions of
wrestling as defined in subparagraph (A) of paragraph (21) of Code Section
43-4B-1, the annual fee for licensure is $100.00. There shall be no permit fee
for matches, contests, or exhibitions of wrestling as defined in such
subparagraph. Organizations subject to this subsection shall make reports to
the
commission
director
in accordance with rules and regulations promulgated by the
commission
licensing
board.
(d)
The annual fee for a promoter's license for promoters of martial arts matches,
contests, or exhibitions shall be $500.00.
43-4B-52.
(a)
A licensed organization shall provide written notice to the
commission
director
of a match, contest, or exhibition authorized and governed by the organization
no later than 15 days before the date of the match, contest, or exhibition. The
licensed organization governing the match, contest, or exhibition shall provide
information required by the
commission
licensing
board relating to the contestants, venue,
rules for the competition, and anticipated level of physical conditioning and
training of the contestants.
(b)
A licensed organization shall, after a match, contest, or exhibition authorized
and governed by the organization, file with the
commission
director
an affidavit that includes the number of tickets sold, the amount of gross
receipts, the amount of sales tax to be paid to the Department of Revenue, and
any other facts the
commission
licensing
board may require. Such affidavit shall
be postmarked within three business days after the conclusion of the match,
contest, or exhibition.
43-4B-53.
(a)
Notwithstanding any other provision of this chapter or any other law to the
contrary, no person or entity shall directly or indirectly engage in the
practice of being a promoter of kickboxing, muay thai, Thai boxing, full-contact
karate, mixed martial arts, shidokan, or martial arts matches, contests,
exhibitions of any type, or be employed or otherwise serve as a manager,
matchmaker, or organizer for any person or entity engaged in the practice of
being a promoter of kickboxing, muay thai, Thai boxing, full-contact karate,
mixed martial arts, or martial arts matches, contests, or exhibitions of any
type, who has been convicted of, has pleaded guilty to, has entered a plea of
nolo contendere to, or has been found guilty of a felony or crime of moral
turpitude under the laws of this state or any offense that, had it occurred
within this state, would constitute a felony or crime of moral turpitude under
the laws of this state for a period of ten years from the date of such
conviction or plea. For purposes of this Code section, a conviction shall
include but not be limited to disposition under Article 3 of Chapter 8 of Title
42.
(b)
Notwithstanding any other provision of this chapter or any other law to the
contrary, no person or entity shall be retained, employed, or otherwise serve as
a sanctioning, governing, licensing, authorizing, or ranking body or
organization or act as an employee or representative thereof for any kickboxing,
muay thai, full-contact karate, mixed martial arts, shidokan, or martial arts
matches, contests, or exhibitions of any type promoted, managed, or organized in
violation of subsection (a) of this Code section.
(c)
Notwithstanding any other provision of this chapter or any other law to the
contrary, no sanctioning, governing, licensing, authorizing, or ranking body or
organization for any kickboxing, muay thai, Thai boxing, full-contact karate,
mixed martial arts, shidokan, or martial arts matches, contests, or exhibitions
of any type shall employ, designate, or otherwise assign or utilize any person
as a representative or official who has pleaded guilty to, has entered a plea of
nolo contendere to, or has been found guilty of a felony or crime of moral
turpitude under the laws of this state or any offense that, had it occurred
within this state, would constitute a felony or crime of moral turpitude under
the laws of this state for a period of ten years from the date of such
conviction or plea. For purposes of this Code section, a conviction shall
include but not be limited to disposition under Article 3 of Chapter 8 of Title
42.
(d)
The first violation of this Code section by any individual or entity shall
constitute a misdemeanor of a high and aggravated nature. Any second and
subsequent conviction under this Code section shall constitute a felony and
shall be punished by imprisonment for not less than one nor more than five
years.
43-4B-54.
(a)
The
commission
director
is authorized to suspend, revoke, or deny a license or renewal of a license of
an organization or a promoter for violation of this article or rules of the
commission
licensing
board promulgated in accordance with this
article. The
commission
director
is authorized to fine a licensed organization or promoter for violation of this
article or rules of the
commission
licensing
board promulgated in accordance with this
article.
(b)
The
commission
director
is authorized to suspend, revoke, or deny issuance of a permit for a show,
match, contest, or exhibition issued in accordance with this article in the
interest of the safety or health of the competitors or public, or for violation
of this article or rules of the
commission
licensing
board promulgated in accordance with this
article.
43-4B-55.
(a)
Subject to the restriction set forth in Code Section 43-4B-53, the
commission
director
is authorized to exempt organizations from the requirements of licensure and
permitting when the
commission
director,
in
its
his or
her discretion, deems the matches,
contests, and exhibitions authorized or governed by the organization present
little or no danger to the health and safety of the competitors and the
public.
(b)
In determining whether to exempt an organization from licensure and permitting
requirements, the
commission
director
shall consider the following factors:
(1)
Whether the organization requesting exemption has allowed any person who has
ever pleaded guilty to, has entered a plea of nolo contendere to, or has been
found guilty of a felony or crime of moral turpitude under the laws of this
state or any offense that, had it occurred within this state, would constitute a
felony or crime of moral turpitude under the laws of this state, within ten
years of such conviction or plea, to act as a promoter for any match, contest,
or exhibition that it has sanctioned, governed, licensed, or authorized or
whether it has authorized, retained, employed, or otherwise allowed such a
person to act or serve as its employee or representative in connection with any
match that it has sanctioned, governed, licensed, or authorized. For purposes
of this Code section, a conviction shall include but not be limited to
adjudication under Article 3 of Chapter 8 of Title 42. Should the
commission
director
determine that a sanctioning organization has allowed, retained, employed, or
otherwise authorized such a person to act in any of the aforementioned
capacities, the organization shall not be exempted from the requirements of
licensure;
(2)
Whether the matches, contests, and exhibitions are conducted in the course of
teaching wrestling or a martial art and are closely supervised by well-trained
teachers;
(3)
Whether an admission fee is charged for viewing the matches, contests, or
exhibitions;
(4)
Whether the matches, contests, or exhibitions offer a commercial advantage to
the organization;
(5)
Whether the matches, contests, or exhibitions are conducted in a manner to
minimize the danger of injury;
(6)
Whether the
commission's
director's
information about previous matches, contests, or exhibitions conducted by the
organization indicates that the matches, contests, or exhibitions are likely to
result in injury; and
(7)
Other factors deemed by the
commission
director
as indicia of danger to health or safety and set out in rules promulgated by the
commission
licensing
board."
SECTION
1-8.
Said
title is further amended by revising Chapter 5, relating to athletic trainers,
as follows:
"CHAPTER
5
43-5-1.
As
used in this chapter, the term:
(1)
'Athletic injury' means any injury sustained by a person as a result of such
person's participation in exercises, sports, games, or recreational activities,
or any activities requiring physical strength, agility, flexibility, range of
motion, speed, or stamina without respect to where or how the injury occurs.
Nothing in this paragraph shall be construed to expand the scope of practice of
an athletic trainer beyond the determination of the advising and consenting
physician as provided for in paragraph (2) of this Code section.
(2)
'Athletic trainer' means a person with specific qualifications, as set forth in
Code Sections 43-5-7 and 43-5-8 who, upon the advice and consent of a physician,
carries out the practice of prevention, recognition, evaluation, management,
disposition, treatment, or rehabilitation of athletic injuries; and, in carrying
out these functions, the athletic trainer is authorized to use physical
modalities, such as heat, light, sound, cold, electricity, or mechanical devices
related to prevention, recognition, evaluation, management, disposition,
rehabilitation, and treatment. Nothing in this Code section shall be construed
to require licensure of elementary or secondary school teachers, coaches, or
authorized volunteers who do not hold themselves out to the public as athletic
trainers.
(3)
'Board' means the Georgia Board of Athletic
Trainers, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibilities set forth in such
chapter.
(4)
'Director' means the director of professional licensing.
(5)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
43-5-2.
(a)
The Georgia Board of Athletic Trainers, composed of four members who shall be
appointed by the Governor and confirmed by the Senate, is created
as a
professional licensing policy board pursuant to Chapter 1 of this title and
shall perform such duties as are set forth in subsection (b) of Code Section
43-1-3. To qualify as a member, a person
must
shall
be a citizen of the United States and a resident of this state. Two members
must
shall
be athletic trainers, one member
must
shall
be a physician licensed by the state, and one member shall be appointed from the
public at large and shall have no connection whatsoever with the practice or
profession of athletic training.
(b)
Members shall serve for a term of office of six years. All terms shall expire
on January 31 of even-numbered years. In making the initial appointments, the
Governor shall appoint one member for a term expiring in 1978, one member in
1980, and one member for a term expiring in 1982. The initial appointment for
the member appointed from the public at large shall expire January 31,
1986.
(c)
Each appointee to the board shall qualify by taking an oath of office within 15
days from the date of his
or
her 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 Governor in the same manner as other
appointments.
43-5-3.
(a)
The board shall elect a
chairman
chairperson
and a
vice-chairman
vice
chairperson from 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
chairman
chairperson
or at the written request of any two members of the board.
43-5-4.
The
division
director shall keep a record of the board's proceedings in a book maintained for
that purpose.
43-5-5.
Each
member of the board shall be reimbursed as provided for in subsection (f) of
Code Section 43-1-2.
43-5-6.
(a)
The
licensing
board is authorized to promulgate and adopt rules and regulations consistent
with this chapter
which are
necessary for the performance of its
duties.
(b)
The
licensing
board shall prescribe application forms for license applications.
(c)
The
licensing
board shall establish guidelines for athletic trainers in
the
this
state and prepare and conduct an examination for applicants for a
license.
(d)
The
board
director
shall adopt
an official seal and the form of a license certificate of suitable
design
perform such
duties as are set forth in subsection (b) of Code Section
43-1-3.
43-5-7.
No
person shall hold himself or herself out as an athletic trainer or perform the
services of an athletic trainer, as defined in this chapter, without first
obtaining a license under this chapter; provided, however, that nothing in this
chapter shall be construed to prevent any person from serving as a
student-trainer,
assistant-trainer
student
trainer, assistant trainer, or any similar
position if such service is not primarily for compensation and is carried out
under the supervision of a physician or a licensed athletic
trainer.
43-5-8.
(a)
An applicant for an athletic trainer's license must have met the athletic
training curriculum requirements of a college or university approved by the
licensing
board and give proof of graduation.
(b)
The
board
director
shall be authorized to grant a license, without examination, to any qualified
athletic trainer holding a license in another state if such other state
recognizes licensees of this state in the same manner.
(c)
The
board
director
may grant a license without examination to any qualified applicant who holds a
certification from the National Athletic Trainers Board of
Certification.
(d)
Any person who was issued a license prior to July 1, 2004, shall remain
qualified for licensure, notwithstanding the requirement for proof of graduation
in subsection (a) of this Code section, so long as the license remains
current.
43-5-9.
(a)
An applicant for an athletic trainer's license
must
shall
submit an application to the
board
director
on forms prescribed by the
licensing
board and submit the examination fee
required by
this chapter
set by the
licensing board.
(b)
The applicant is entitled to an athletic trainer's license if he
or
she possesses the qualifications
enumerated in Code Section 43-5-8, satisfactorily completes an examination
approved by the
licensing
board, pays the required license fee, and has not committed an act which
constitutes grounds for denial of a license under Code Section
43-5-10.
(c)
Licenses issued by the
board
director
shall expire biennially. As a condition of license renewal, the
licensing
board shall be authorized to require licensees to complete continuing education
courses approved by the
licensing
board.
43-5-10.
The
board
director
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)
Been convicted of a felony or misdemeanor involving moral turpitude, the record
of conviction being conclusive evidence of conviction;
(2)
Secured the license by fraud or deceit; or
(3)
Violated or conspired to violate this chapter or rules and regulations issued
pursuant to this chapter.
43-5-11.
(a)
The denial of
an application for a license shall be considered to be a contested case within
the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.' Any person whose application for a
license is denied is entitled to a hearing before the
licensing
board if he or
she submits a written request to the
licensing
board.
(b)
The director
may revoke, suspend, or refuse to renew a license issued under this
chapter.
Proceedings
for 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
division
director 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 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 to the last known
address of the licensee or applicant
shall be made
as provided in Code Section 43-1-3.1; provided, however, that notice may be
waived by instrument in writing executed before or after the meeting; and
provided, further, that attendance at a meeting of the licensing board shall
constitute a waiver of notice thereof.
(d)
At the hearing, the applicant or licensee has the right to appear either
personally or by counsel, or both, to produce witnesses, to have subpoenas
issued by the
licensing
board, and to cross-examine the opposing or adverse witnesses.
(e)
The
licensing
board is not 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.
(f)
The
licensing
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
licensing
board shall be mailed to the applicant or licensee at his
or
her last known address by certified mail
or statutory overnight delivery.
(g)
On application, the
board
director
may reissue a license to a person whose license has been canceled or revoked,
but the application may not be made prior to the expiration of a period of six
months after the order of cancellation or revocation has become final; and the
application shall be made in the manner and form as the
licensing
board may require.
43-5-12.
(a)
A person whose application for a license has been refused or whose license has
been canceled, revoked, or suspended by the
board
director
may take an
appeal, within 30 days after the order is entered, to any court of competent
jurisdiction
petition for a
hearing before the licensing board as provided in Code Section
43-1-3.1.
(b)
A case reviewed under this Code section shall proceed in the superior court by
trial de novo. Appeal from the judgment of the superior court lies as in other
civil cases.
43-5-13.
(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)
This chapter does not apply to physicians licensed by the Georgia Composite
Medical Board;
to
dentists, duly qualified and registered under the laws of this state who confine
their practice strictly to dentistry;
nor
to licensed optometrists who confine their
practice strictly to optometry as defined by law;
nor
to occupational therapists;
nor
to nurses who practice nursing only;
nor
to duly licensed chiropodists or
podiatrists who confine their practice strictly to chiropody or podiatry as
defined by law;
nor
to
or
physical therapists who confine their practice to physical therapy; nor shall
any provisions of this chapter 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
is
licensed.
43-5-14.
Any
person who violates Code Section 43-5-7 shall be guilty of a misdemeanor of a
high and aggravated nature."
SECTION
1-9.
Said
title is further amended by revising Chapter 6, relating to auctioneers, as
follows:
"CHAPTER
6
43-6-1.
As
used in this chapter, the term:
(1)
'Absolute auction'
shall
mean
means
that ownership and title of real or personal property offered at auction must be
conveyed to the high bidder without reservation and without any competing bids
of any type by the owner or an agent of the owner of the property.
(2)
'Apprentice auctioneer' means any person who for compensation or valuable
consideration, or otherwise, is employed, directly or indirectly, by an
auctioneer to deal or engage in any auctioning activity and who is duly licensed
under this chapter or any person who is not employed by an auctioneer and who
conducts the business of auctioning in cases where gross sales do not exceed
$2,000.00 per auction and who is duly licensed under this chapter.
(3)
'Auction business' or 'business of auctioning' means the performing of any of
the acts of an auctioneer or apprentice auctioneer, including bid calling for a
fee, commission, or any other valuable consideration or with the intention or
expectation of receiving the same by means of or by process of an auction or
sale at auction or offering, negotiating, or attempting to negotiate a listing
contract for the sale, purchase, or exchange of goods, chattels, merchandise,
real or personal property, or any other commodity which lawfully may be kept or
offered for sale.
(4)
'Auction with reserve' shall mean that the seller reserves the right to refuse
any and all bids.
(5)
'Auctioneer' means any person who, for a fee, commission, or any other valuable
consideration or with the intention or expectation of receiving the same by
means of or by process of an auction or sale at auction, offers, negotiates, or
attempts to negotiate a listing contract, sale, purchase, or exchange of goods,
chattels, merchandise, real or personal property, or any other commodity which
lawfully may be kept or offered for sale and has been duly licensed, as provided
in this chapter.
(6)
'Commission' means the Georgia Auctioneers
Commission, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibilities set forth in such
chapter.
(7)
'Company' means an association, partnership, limited liability company,
corporation, or sole proprietorship and shall also include the officers,
directors, members, and employees of such entities.
(7.1)
'Director' means the director of professional licensing.
(8)
'Goods' means any chattel, goods, merchandise, real or personal property, or
commodities of any form or type which lawfully may be kept or offered for
sale.
(8.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(9)
'Person or persons' means an individual.
(10)
'Ringperson' means any person employed directly by an auctioneer or auction
company responsible for a sale who assists the auctioneer in the conduct of an
auction, provided that such person shall not be permitted to call or chant a bid
or negotiate a listing contract.
43-6-2.
(a)
The Georgia Auctioneers Commission is created under the Secretary of State and
the
division
director as a
professional licensing policy
board.
(b)
The commission shall be composed of six members, each of whom shall be appointed
by the Governor, with the approval of the Secretary of State, and confirmed by
the Senate. Appointments shall be for a term of five years, to end on the
anniversary date of original appointments, except appointments to fill a vacancy
which shall be for the unexpired term only.
(c)
Five members of the commission shall be licensed auctioneers who shall have been
residents of this state and actively engaged in the auctioneering business for
at least five years. One member shall be a consumer advocate and a resident of
this state and shall have no connection whatsoever with the practice or
profession of auctioneering.
43-6-3.
(a)
The commission shall organize by selecting from its members a
chairman
and may do all things necessary and convenient to carry this chapter into effect
and, from time to time, may promulgate necessary rules and regulations to carry
out this chapter
chairperson.
(b)
The commission shall meet as necessary and shall remain in session
as
so
long as the
chairman
chairperson
deems it necessary to give full consideration to the business before the
commission.
43-6-4.
Each
member of the commission shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
43-6-5.
Reserved.
43-6-6.
The
commission shall adopt a seal, which may be either an engraved or ink stamp
seal, with the words 'State Auctioneers Commission, State of Georgia' and such
other devices as the commission may desire included thereon, by which it shall
authenticate the acts of the commission. Copies of all records and papers in
the office of the commission certified by the signature of the commission
chairman and the seal of the commission shall be received in evidence in all
cases equally and with like effect as the
originals.
Reserved.
43-6-7.
The
commission
licensing
board is authorized to adopt rules and
regulations relating to the professional conduct of licensees, a code of ethics,
and the administration of this chapter. Such rules and regulations shall not
apply to and shall not set schedules of fees or commissions for the services of
the licensees.
43-6-8.
Except
as provided in Code Section 43-1-4, the
commission
The
director shall have the power to regulate
the issuance of licenses, to revoke or suspend licenses issued under this
chapter, and to censure licensees for any violation of this
chapter.
43-6-9.
(a)
It shall be unlawful for any person, directly or indirectly, to engage in,
conduct, advertise, hold himself
or
herself out as engaging in or conducting
the business of, or act in the capacity of, an auctioneer or apprentice
auctioneer within this state without first obtaining a license as an auctioneer
or apprentice auctioneer, as provided in this chapter, unless he
or
she is exempted from obtaining a license
under Code Section 43-6-24.
(b)
It shall be unlawful for any licensed auctioneer or apprentice auctioneer to act
in such capacity in the sale of real property unless such auctioneer or
apprentice auctioneer shall also be licensed as a real estate broker, associate
broker, or salesperson under Chapter 40 of this title; provided, however, that
any auctioneer or apprentice auctioneer who was licensed as such by this state
prior to July 1, 1978, and who, prior to December 31, 1984, submits proof to the
commission
director
that he or
she has been auctioning real property for
five years or more immediately prior to the date of application shall not be
required to meet the provisions of this subsection but such person shall not
thereby be construed to be a real estate broker, associate broker, or
salesperson under Chapter 40 of this title.
(c)
It shall be unlawful for any company, directly or indirectly, to engage in,
conduct, advertise, hold itself out as engaging in or conducting the business of
auctioning without first being registered by the
commission
director,
unless such company is exempted from obtaining a license pursuant to Code
Section 43-6-24.
43-6-10.
Any
person desiring to act as an auctioneer or apprentice auctioneer must file an
application for a license with the
commission
director.
The application shall be in such form and detail as the
commission
licensing
board shall prescribe, setting forth the
following:
(1)
The name and address of the applicant or the name under which he or she intends
to conduct business; if the applicant is a partnership or limited liability
company, the name and residence address of each member thereof and the name
under which the partnership or limited liability company business is to be
conducted; and, if the applicant is a corporation, the name and address of each
of its principal officers;
(2)
The place or places, including the municipality, with the street and street
number, if any, where the business is to be conducted; and
(3)
Such other information as the
commission
licensing
board shall require.
43-6-11.
(a)
No auctioneer's or apprentice auctioneer's license shall be issued to any person
who has not attained the age of 18 years, nor to any person who is not a
resident of this state unless he
or
she has fully complied with Code Section
43-6-12, nor to any person who is not a citizen or has not filed his
or
her intent to become a citizen of the
United States.
(b)
Each applicant for an auctioneer's or apprentice auctioneer's license shall be
required to pass an examination in a form prescribed by the
commission
licensing
board.
(c)
Each applicant for licensure as an auctioneer or apprentice auctioneer must
prove to the
commission
director
that he or
she is reputable, trustworthy, honest, and
competent to transact the business of an auctioneer or of an apprentice
auctioneer in such a manner as to safeguard the interest of the
public.
(d)
Each applicant for licensure as an auctioneer shall have successfully graduated
from an accredited high school or obtained a
GED
general
educational development (GED) diploma and
have graduated from an auctioneers school approved by the
commission
licensing
board prior to making an application for
an auctioneer's license.
(e)
On and after December 31, 1995, no apprentice auctioneer's license shall be
issued or renewed.
43-6-11.1.
(a)
No company shall be registered to engage in the business of auctioning unless
such company furnishes to the
commission
director:
(1)
A completed application form as prescribed by the
commission
licensing
board;
(2)
Satisfactory evidence approved by the
commission
licensing
board that the company employs or shall
employ an auctioneer licensed under the provisions of this chapter to conduct
any auctions in this state; and
(3)
If such company is a foreign corporation, satisfactory evidence approved by the
commission
licensing
board that such company is authorized to
do business in this state and is registered in accordance with Chapter 3 of
Title 14.
(b)
A company owned by or employing one or more full-time auctioneers licensed by
the
commission
director
may be exempt from subsection (a) of this Code section, provided that such
company is directly supervised by a licensed auctioneer.
(c)
A company licensed under Chapter 47 and Chapter 48 of this title which engages
in the business of auctioning on behalf of insurance companies and financial
institutions shall not be subject to the requirements of paragraph (3) of Code
Section 43-6-18.
(d)
An auction company must maintain at all times an active trust account and
register such account with the
Georgia
Auctioneers Commission
director.
43-6-11.2.
(a)
Licenses for auctioneers shall expire biennially as provided in Code Section
43-1-4. The
commission
director
shall be authorized to require persons seeking renewal of an auctioneer's
license under this chapter to complete
commission
approved continuing education of not more
than eight hours biennially
as approved by
the licensing board.
(b)
The
commission
director
shall be authorized to waive the continuing education requirement in cases of
hardship, disability, or illness or under such other circumstances as the
commission
licensing
board deems appropriate.
(c)
The
commission
licensing
board shall be authorized to promulgate
rules and regulations to implement and ensure compliance with the requirements
of this Code section.
(d)
This Code section shall apply to each biennial renewal cycle which begins after
the 1990-1991 renewal.
43-6-12.
(a)
Any resident of another state who holds a current license as an auctioneer or an
apprentice auctioneer under the laws of any other state having requirements
similar to those in this chapter may, at the discretion of the
commission
director,
be issued a license to practice as an auctioneer or an apprentice auctioneer in
this state without written examination upon the payment of the fees as required
by the
commission
licensing
board.
(b)
Any resident of another state which does not have a law regulating the licensing
of auctioneers but who holds a current and valid license in a state which has a
reciprocal licensing agreement with Georgia may, at the discretion of the
commission
director,
be issued a license to practice as an auctioneer in this state without
examination upon the payment of a fee as required by the
commission
licensing
board.
(c)
Prior to the issuance of a license to a nonresident auctioneer or apprentice
auctioneer, such nonresident shall file with the
commission
director
a designation in writing that appoints the
commission
director
or a deputy to be designated by it to act as the licensee's agent upon whom all
judicial and other process or legal notices directed to such licensee may be
served. Service upon the agent so designated shall be equivalent to personal
service upon the licensee. Copies of such appointment, certified by the
commission
chairman
director,
shall be deemed sufficient evidence thereof and shall be admitted in evidence
with the same force and effect as the original thereof might be admitted. In
such written designation, the licensee shall agree that any lawful process
against the licensee which is served upon such agent shall be of the same legal
force and validity as if served upon the licensee and that the authority shall
continue in force so long as any liability remains outstanding in this state.
Upon the receipt of all such process or notices, the
commission
or the deputy as designated by it
director
shall immediately mail a copy of the same by certified mail or statutory
overnight delivery to the last known business address of the
licensee.
43-6-12.1.
In
order for an applicant to obtain an auctioneer's license, such applicant must
show proof of a residence.
43-6-13.
(a)
The
division
director, at the time an application for licensure is submitted, shall collect
from an applicant a fee in an amount established by the
commission
licensing
board. The
commission
licensing
board may establish separate schedules of
fees for such licenses depending on whether the applicant begins to do business
prior to or after the issuance of any such license.
(b)
After the issuance of the first license to an applicant, such license shall
cover the remaining period of the biennium.
(c)
The auctioneer's biennial license fee shall be an amount established by the
commission
licensing
board and the apprentice auctioneer's
biennial license fee shall be an amount established by the
commission
licensing
board. This Code section shall not
obviate any other fees or conditions required to maintain such license in
accordance with this chapter.
(d)
Any check presented to the
division
director as a fee for either an original or renewal license which is returned
unpaid shall be cause for revocation or denial of a license.
(e)
Notwithstanding any other fee prescribed in this chapter, a company shall be
required to pay registration and renewal fees in an amount established by the
commission
licensing
board.
43-6-14.
Each
license shall
have placed
thereon the seal of the commission
be issued in a
form approved by the licensing board. The
license of each auctioneer or apprentice auctioneer shall be delivered or mailed
to his or
her place of business and shall be
displayed conspicuously at all times in the office of the licensee. The
commission
director
shall prepare and deliver a pocket card certifying that the person whose name
appears thereon is a licensed auctioneer or apprentice auctioneer, as the case
may be, stating the period of time for which fees have been paid and including,
on apprentice auctioneers' cards only, the name and address of the auctioneer
for whom such apprentice auctioneer is acting. If an auctioneer maintains more
than one place of business within the state, a branch office license shall be
issued to such auctioneer for each branch office so maintained by him
or
her upon the payment of a biennial fee in
an amount established by the
commission
licensing
board; and the branch office license shall
be conspicuously displayed in each branch office.
43-6-14.1.
All
licensees must carry on their person, when participating in the auctioneering
business in any capacity, their Georgia auctioneer's license identification card
and must present such card upon demand by any official of the State of
Georgia.
43-6-15.
Reserved.
43-6-16.
(a)
Licenses shall be granted only to persons who bear a good reputation for
honesty, trustworthiness, integrity, and competence to transact the business of
auctioneer or apprentice auctioneer in such manner as to safeguard the interest
of the public and only after satisfactory proof of such qualifications has been
presented to the
commission
director.
The
commission
director
shall grant a license to a corporation, limited liability company, or
partnership only if the stockholder, member, or partner having a controlling
interest therein bears a good reputation for honesty, trustworthiness, and
integrity.
(b)
Where an applicant has been convicted of forgery, embezzlement, obtaining money
under false pretenses, larceny, extortion, conspiracy to defraud, or other like
offense or offenses or has been convicted of any other crime in a court of
competent jurisdiction of this or any other state, district, or territory of the
United States or of a foreign country, such untrustworthiness of the applicant
and the conviction, in itself, may be a sufficient ground for refusal of a
license.
(c)
Where an applicant has made a false statement of material fact on his
or
her application, such false statement, in
itself, may be sufficient ground for refusal of a license.
(d)
Grounds for suspension or revocation of a license, as provided for by this
chapter, shall also be grounds for refusal to grant a license.
43-6-17.
If
the
commission
director,
after an application in proper form has been filed and accompanied by the proper
fee, shall
refuse
refuses
to accept the application, the
commission
licensing
board shall provide for a hearing for such
applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.' Any person who has exhausted all administrative remedies
available within this chapter and who is aggrieved by a final decision in a
contested case is entitled to judicial review in accordance with Chapter 13 of
Title 50.
43-6-18.
The
commission
director
may, upon it's
the director's own motion, and shall, upon
the signed complaint in writing of any person, investigate the actions of any
auctioneer or apprentice auctioneer and shall have power to censure such
licensee or to revoke or suspend any license issued under this chapter whenever
such license has been obtained by false or fraudulent representation or the
licensee has been found guilty of any unfair trade practices, including, but not
limited to, the following:
(1)
Making any substantial misrepresentation while describing any property, real or
personal; using any false, deceptive, misleading, or untruthful advertising; or
making any statements, either in person or through any form of advertising,
which may create false or unjustified expectations of the services to be
performed;
(2)
Pursuing a continued and flagrant course of misrepresentation or making false
promises through agents or advertising an auction to be an absolute auction, but
conducting it as an auction with reserve or otherwise;
(3)
Failing to account for or remit, within 30 days unless otherwise provided by
contract, any money belonging to others that comes into his or her possession,
commingling funds of others with his or her own, or failing to keep such funds
of others in an escrow or trustee account; provided, however, that the
requirement of an escrow or trust account shall not apply to an apprentice
auctioneer who conducts the business of auctioning where gross sales do not
exceed $2,000.00 per auction;
(4)
Being convicted in a court of competent jurisdiction of this or any other state
of a criminal offense involving moral turpitude or a felony;
(5)
Violation of any rule or regulation or code of ethics promulgated by the
commission
licensing
board;
(6)
Any conduct of any auctioneer which demonstrates bad faith, dishonesty,
incompetency, or untruthfulness;
(7)
Any conduct of an auctioneer which demonstrates improper, fraudulent, or
dishonest dealings;
(8)
Having had any license to practice a business or profession revoked, suspended,
annulled, or sanctioned, or otherwise having had any disciplinary action taken
by any other licensing authority in this or any other state; or
(9)
Knowingly making any misleading, false, or deceptive statement on any
application for a license under this chapter.
43-6-18.1.
The
commission
director
shall have an inspector with full inspection rights and privileges for all
auctions conducted in this state. This inspector shall have the right to
inspect any activity or lack thereof which may be a violation of this chapter or
any documents or records pertaining to auction activities and to report any and
all such violations or any improper or unlicensed practice, including but not
limited to trust account violations.
43-6-18.2.
After
notice and opportunity for hearing as provided in Code Section 43-6-19, the
commission
director,
in
its
his or
her discretion, may sanction, as provided
in Code Section 43-1-19
and Code
Section
or
43-6-18, a company registered or required to be registered in accordance with
this chapter.
43-6-19.
Any
action of the director censuring
Before the
commission shall censure a licensee or
before
revoking or suspending a
license, it
shall provide for a hearing for such holder of a license in accordance with
Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'
shall be taken
in compliance with Code Section 43-1-3.1.
Any person who has exhausted all administrative remedies available within this
chapter and who is aggrieved by a final decision in a contested case is entitled
to judicial review in accordance with Chapter 13 of Title 50.
43-6-20.
The
revocation of an auctioneer's license shall automatically suspend every
apprentice auctioneer's license granted to any person by virtue of his
or
her employment by the auctioneer whose
license has been revoked. The apprentice auctioneer may retain his
or
her license by transferring to the
employment of another licensed auctioneer within 90 days.
43-6-21.
(a)
Should the auctioneer change his
or
her place of business, he
or
she shall notify the
commission
director
in writing within ten days of such change, and thereupon a new pocket card shall
be granted to the auctioneer and to his
or
her apprentice auctioneers.
(b)
When an apprentice auctioneer is discharged or terminates his
or
her employment with the auctioneer for any
reason, it shall be the immediate duty of the auctioneer to deliver or mail by
registered or certified mail or statutory overnight delivery to the
commission
director
the license of the apprentice auctioneer. It shall be unlawful for any
apprentice auctioneer to perform any of the acts contemplated by this chapter,
either directly or indirectly under authority of his
or
her license, until the apprentice
auctioneer receives a new license bearing the name and address of his
or
her new employer. No more than one
license shall be issued to any apprentice auctioneer for the same period of
time.
43-6-22.
(a)
No person shall bring or maintain any action in the courts of this state for the
collection of compensation for the performance of any of the acts mentioned in
this chapter without alleging and proving that he
or
she was a duly licensed auctioneer or
apprentice auctioneer at the time the alleged cause of action
arose.
(b)
The
commission
director
may bring an action for any violation of this chapter.
43-6-22.1.
(a)
The
commission
director
is authorized and directed to establish and maintain an auctioneers education,
research, and recovery fund.
(b)
The
commission
director
shall maintain a minimum balance of $100,000.00 in the auctioneers education,
research, and recovery fund from which any person, except bonding companies when
they are not principals in an auction transaction, aggrieved by an act,
representation, transaction, or conduct of a licensee which is in violation of
this chapter or of the rules and regulations of the
commission
licensing
board promulgated pursuant to this
chapter, may recover, by order of any court having competent jurisdiction,
actual or compensatory damages, not including interests and costs sustained by
the act, representation, transaction, or conduct, provided that nothing shall be
construed to obligate the fund for more than $10,000.00 per transaction
regardless of the number of persons aggrieved or parcels of real estate or lots
of personal property involved in such transaction. In addition:
(1)
The liability of the fund for the acts of a licensee, when acting as such, is
terminated upon the issuance of court orders authorizing payments from the fund
for judgments, or any unsatisfied portion of judgments, in an aggregate amount
of $20,000.00 on behalf of such licensee;
(2)
A licensee acting as a principal or agent in an auction transaction has no claim
against the fund; and
(3)
No person who establishes a proper claim or claims under this Code section shall
ever obtain more than $10,000.00 from the fund.
(c)
When any person
makes
application for
is granted by
the director an original license to
practice as a licensee, that person shall pay, in addition to the original
license fee, a fee in an amount established by the
commission
licensing
board for deposit in the auctioneers
education, research, and recovery fund.
(d)(1)
No action for a judgment which subsequently results in an order for collection
from the auctioneers education, research, and recovery fund shall be started
later than two years from the accrual of the cause of action thereon. When any
aggrieved person commences action for a judgment which may result in collection
from the auctioneers education, research, and recovery fund, the aggrieved
person shall notify the
commission
director
in writing, by certified mail or statutory overnight delivery, return receipt
requested, to this effect at the time of the commencement of such action. The
commission
director
shall have the right to intervene in and defend any such action.
(2)
When any aggrieved person recovers a valid judgment in any court of competent
jurisdiction against any licensee under this chapter for any act,
representation, transaction, or conduct which is in violation of this chapter or
of the regulations promulgated pursuant to this chapter, or which is in
violation of Chapter 47 of this title or of the regulations promulgated pursuant
to Chapter 47 of this title,
which
and
such act occurred on or after January 1,
1992, the aggrieved person may, upon termination of all proceedings, including
reviews and appeals in connection with the judgment, file a verified claim in
the court in which the judgment was entered and, upon ten days' written notice
to the
commission
director,
may apply to the court for an order directing payment out of the auctioneers
education, research, and recovery fund of the amount unpaid upon the judgment,
subject to the limitations stated in this Code section.
(3)
The court shall proceed upon such application in a summary manner and, upon the
hearing thereof, the aggrieved person shall be required to show:
(A)
That he or
she is not a spouse of the judgment debtor
or the personal representative of such spouse;
(B)
That he or
she has complied with all the requirements
of this Code section;
(C)
That he or
she has obtained a judgment, as set out in
paragraph (2) of this subsection, stating the amount thereof and the amount
owing thereon at the date of the application; and that, in such action, he
or
she had joined any and all bonding
companies which issued corporate surety bonds to the judgment debtors as
principals and all other necessary parties;
(D)
That he or
she has caused to be issued a writ of
execution upon such judgment and the officer executing the same has made a
return showing that no personal or real property of the judgment debtor liable
to be levied upon in satisfaction of the judgment could be found or that the
amount realized on the sale of them or of such of them as were found, under such
execution, was insufficient to satisfy the judgment, stating the amount so
realized and the balance remaining due to the judgment after application thereon
of the amount realized;
(E)
That he or
she has caused the judgment debtor to make
discovery under oath concerning his
or
her property, in accordance with Chapter
11 of Title 9, the 'Georgia Civil Practice Act';
(F)
That he or
she has made all reasonable searches and
inquiries to ascertain whether the judgment debtor is possessed of real or
personal property or other assets liable to be sold or applied in satisfaction
of the judgment;
(G)
That by such search he
or
she has discovered no personal or real
property or other assets liable to be sold or applied or that he
or
she has discovered certain of them,
describing them, owned by the judgment debtor and liable to be so applied and
that he or
she has taken all necessary action and
proceedings for the realization thereof and that the amount thereby realized was
insufficient to satisfy the judgment, stating the amount so realized and the
balance remaining due on the judgment after application of the amount realized;
and
(H)
That the following items, if any, as recovered by him
or
her have been applied to the actual or
compensatory damages awarded by the court:
(i)
Any amount recovered from the judgment debtor or debtors;
(ii)
Any amount recovered from the bonding company or companies; or
(iii)
Any amount recovered in out-of-court settlements as to particular
defendants.
(4)
Whenever the aggrieved person satisfies the court that it is not practical to
comply with one or more of the requirements enumerated in subparagraphs (D),
(E), (F), (G), and (H) of paragraph (3) of this subsection and that the
aggrieved person has taken all reasonable steps to collect the amount of the
judgment or the unsatisfied part thereof and has been unable to collect the
same, the court may, in its discretion, dispense with the necessity for
complying with such requirements.
(5)
The court shall make an order directed to the
commission
director
requiring payment from the auctioneers education, research, and recovery fund of
whatever sum it shall find to be payable upon the claim, pursuant to the
provisions of and in accordance with the limitations contained in this Code
section, if the court is satisfied, upon the hearing, of the truth of all
matters required to be shown by the aggrieved person by paragraph (3) of this
subsection and is satisfied that the aggrieved person has fully pursued and
exhausted all remedies available to him
or
her for recovering the amount awarded by
the judgment of the court.
(6)
Should the
commission
director
pay from the auctioneers education, research, and recovery fund any amount in
settlement of a claim or toward satisfaction of a judgment against a licensee,
the license of such licensee shall be automatically revoked upon the issuance of
a court order authorizing payment from the auctioneers education, research, and
recovery fund. If such license is that of a corporation, limited liability
company, or partnership, the license of the supervising auctioneer of the
corporation, limited liability company, or partnership shall automatically be
revoked upon the issuance of a court order authorizing payment from the
auctioneers education, research, and recovery fund. No such licensee shall be
eligible to receive a new license until such licensee has repaid in full, plus
interest at the rate of 6 percent per annum, the amount paid from the
auctioneers education, research, and recovery fund on such licensee's account.
A discharge in bankruptcy shall not relieve a person from the penalties and
disabilities provided in this subsection.
(7)
If, at any time, the money deposited in the auctioneers education, research, and
recovery fund is insufficient to satisfy any duly authorized claim or portion
thereof, the
commission
director
shall, when sufficient money has been deposited in the auctioneers education,
research, and recovery fund, satisfy such unpaid claims or portions thereof in
the order that such claims or portions thereof were originally filed, plus
accumulated interest at the rate of 4 percent per annum.
(e)
The sums received by the
commission
director
pursuant to any provisions of this Code section shall be deposited into the
state treasury and held in a special fund to be known as the 'auctioneers
education, research, and recovery fund' and shall be held by the
commission
director
in trust for carrying out the purposes of this Code section. These funds may be
invested in any investments which are legal for domestic insurance companies
under Articles 1 and 3 of Chapter 11 of Title 33, and the interest from these
investments shall be deposited to the credit of the auctioneers education,
research, and recovery fund and shall be available for the same purposes as all
other money deposited in the auctioneers education, research, and recovery
fund.
(f)
It shall be unlawful for any person or his
or
her agent to file with the
commission
director
any notice, statement, or other document required under this Code section which
is false, untrue, or contains any material misstatement of fact and any such
filing shall constitute a misdemeanor.
(g)
When the
commission
director
receives notice, as provided in subsection (d) of this Code section, the
commission
director
may enter an appearance, file an answer, appear at the court hearing, defend the
action, or take whatever other action
it
the
director may deem appropriate on behalf of
and in the name of the defendant and take recourse through any appropriate
method of review on behalf of and in the name of the defendant.
(h)
When, upon the order of the court, the
commission
director
has paid from the auctioneers education, research, and recovery fund any sum to
the judgment creditor, the
commission
director
shall be subrogated to all of the rights of the judgment creditor. The judgment
creditor shall assign all his
or
her right, title, and interest in the
judgment to the
commission
director
before any payment is made from the fund, and any amount and interest so
recovered by the
commission
director
on the judgment shall be deposited in the fund. If the total amount collected
on the judgment by the
commission
director
exceeds the amount paid from the fund to the original judgment creditor plus
interest and the cost of collection, the
commission
director
may elect to pay any overage collected to the original judgment creditor or
reassign the remaining interest in the judgment to the original judgment
creditor. The payment or reassignment to the original judgment creditor shall
not subject the fund to further liability for payment to the original judgment
creditor based on that transaction or judgment. Any costs incurred by the
commission's
director's
attempting to collect assigned judgments shall be paid from the
fund.
(i)
The failure of an aggrieved person to comply with all of the provisions of this
Code section shall constitute a waiver of any rights under this Code
section.
(j)
The
commission
director,
in
its
his or
her discretion, may use any and all funds,
in excess of the amount of $100,000.00 required by subsection (b) of this Code
section, regardless of whether such funds are from the auctioneers education,
research, and recovery fund or from accrued interest thereon for the purpose of
helping to underwrite the cost of education and research programs for the
benefit of licensees and the public as the
commission
director
may approve in accordance with the provisions of this chapter and its rules and
regulations; provided, however, that the
commission
director
shall not expend or commit sums for educational or research purposes in such
amounts as would cause the auctioneers education, research, and recovery fund to
be reduced to an amount less than $100,000.00.
(k)
In addition to the license fees provided for in this chapter, the
commission
director,
in
its
his or
her discretion and based upon the need to
ensure that a minimum balance of $100,000.00 is maintained in the auctioneers
education, research, and recovery fund, may assess each licensee, only upon
renewal of his
or
her license, an amount not to exceed
$150.00 per year.
43-6-23.
Whenever,
in the judgment of the
commission
director,
any person has engaged in any acts or practices which constitute or will
constitute a violation of this chapter, the Attorney General may bring an action
in the name of the state in the superior court of the county in which venue is
proper, to abate and temporarily and permanently to enjoin such acts and
practices and to enforce compliance with this chapter. The plaintiff shall not
be required to give any bond.
43-6-24.
Except
as otherwise provided in this chapter, this chapter shall not apply to any
person acting as a receiver, trustee in bankruptcy, administrator, executor, or
any such person acting under order of any court. This chapter shall not apply
to any nonprofit organization conducting an auction where the funds are to be
used in a way as to benefit persons with physical or mental disabilities or
disorders or for research related to cures or prevention of such disabilities or
disorders, nor shall this chapter apply to any auction conducted by a nonprofit
organization where the funds are to be used for the preservation of wildlife or
its habitats whether conducted by a licensed auctioneer or nonlicensed
auctioneer so long as the nonprofit organization obtains a letter of exemption
from the
commission
director.
This chapter shall not apply to any person acting as an auctioneer in the
auction of livestock, forest products, or farm products in an auction facility
which is licensed and bonded under the provisions of Article 3 of Chapter 6 of
Title 4 or in an auction facility which is licensed under Code Section 10-4-101
or to any youth livestock
auction,
sponsored by a 4-H Club or the Future Farmers of America; provided, however,
that such organization or agency must first obtain from the
commission
director
a letter of exemption. This chapter shall not apply to students of approved
auctioneering schools during the term of their course of study. This chapter
shall not apply to any person conducting a public sale of personal property
pursuant to the provisions of Code Section 10-4-213. This chapter shall not
apply to ringpersons as defined in Code Section 43-6-1.
43-6-24.1.
Nothing
in this chapter shall relieve an auctioneer licensed in this state of all his or
her liabilities under this chapter.
43-6-25.
Any
person or corporation acting as an auctioneer or apprentice auctioneer within
the meaning of this chapter without a license and any person who violates this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine not to exceed $1,000.00, by imprisonment for a term not to
exceed 90 days, or both.
43-6-25.1.
Nothing
in this chapter shall prohibit any lawful regulation or licensing of auctioneers
by any municipality, county, or other political subdivision of this state;
provided, however, that no such political subdivision shall license any
auctioneer required to be licensed by this chapter unless such auctioneer has
been approved for licensure by the
commission
director
as required in this chapter."
SECTION
1-10.
Said
title is further amended by revising Chapter 7, relating to barbers, as
follows:
"CHAPTER
7
43-7-1.
This
chapter shall be known and may be cited as the 'Georgia Barber
Act.'
43-7-2.
This
chapter is enacted for the purpose of safeguarding the public health, safety,
and welfare by providing for state administrative control, supervision, and
regulation of the practice of barbering, teaching of barbering, barbers, barber
teachers, barber apprentices, barbershops, and barber schools. Barbering is
declared to affect the public interest, and this chapter shall be liberally
construed so as to accomplish the foregoing purpose.
43-7-3.
As
used in this chapter, the term:
(1)
'Barber' means any person who practices barbering.
(2)
'Barber apprentice' means any person who practices barbering under the constant
and direct supervision of a licensed barber.
(3)
'Barbering' means the occupation of shaving or trimming the beard, cutting or
dressing the hair, giving facial or scalp massages, giving facial or scalp
treatment with oils or cream or other preparations made for this purpose, either
by hand or by means of mechanical appliances, singeing and shampooing the hair,
dyeing the hair, or permanently waving or straightening the hair of any living
person for compensation.
(4)
'Barber school' means any premises, not operated as part of the public school
system of this state, where barbering is taught for a fee or other compensation.
Technical institutes whose programs have been approved by the Technical College
System of Georgia are not 'barber schools' within the meaning of this
chapter.
(5)
'Barbershop' means the immediate premises upon or within which the practice of
barbering is carried on.
(6)
'Barber teacher' means any person who, for a fee or other compensation, teaches
barbering to any other person.
(7)
'Board' means the State Board of
Barbers, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibilities set forth in such
chapter.
(7.1)
'Director' means the director of professional licensing.
(8)
'License' means a valid and current certificate of registration issued by the
division
director on
behalf of the board which shall give the
named person to whom it is issued authority to engage in the activity prescribed
thereon.
(9)
'Licensee' means any person holding a license.
(9.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(10)
'Person' means a natural person, not a legal entity.
(11)
'Student' means any person enrolled and pursuing a course of study in a licensed
barber school.
43-7-4.
(a)
There is created a State Board of Barbers
as a
professional licensing policy board as set forth in subsection (b) of Code
Section 43-1-3 and this chapter. The
board shall consist of six members, each of whom shall be appointed by the
Governor, approved by the Secretary of State, and confirmed by the Senate. Five
of the members shall be barbers. The sixth member shall be appointed from the
public at large and shall have no connection whatsoever with the profession of
barbering. All terms shall be for three years. Upon the expiration of the term
of office, a member shall continue to serve until a successor is appointed and
qualified.
(b)
With the
exception of hearings in contested cases,
the
The
board may conduct business by conference telephone.
(c)
The Governor may remove any member of the board for failure to attend meetings,
neglect of duty, incompetence, revocation or suspension of his
or
her license, or other dishonorable
conduct. After such removal or vacancy due to death or resignation, the
Governor shall appoint a successor as provided in this Code section to serve the
unexpired term.
43-7-5.
To
be eligible for appointment as a member of the board, a person
must
shall:
(1)
Be at least 25 years of age;
(2)
Be a citizen of the United States and a resident of this state;
(3)
Hold a barber or barber teacher license;
(4)
Have had at least five years of practical experience in the practice of
barbering immediately preceding
his
appointment;
(5)
Not, while serving on the board, be a member of or affiliated with any barber
school or any business which sells, rents, or distributes supplies to
barbershops or barber schools; and
(6)
Not, while serving on the board, be a member of the State Board of
Cosmetology.
43-7-6.
Appointees
to the board shall, immediately after their appointment, take and subscribe to a
written oath or affirmation required by law for all public
officers.
43-7-7.
The
board shall meet at least six days a year but shall not meet more than 36 days
in one year. All meetings shall be open to the public
except that
the board may hold restricted attendance sessions to prepare, give, and grade
examinations and to deliberate in connection with the decision in a contested
case. The
division
director shall be secretary of the board and, in addition to his or her duties
as prescribed by Code Section 43-1-3, shall perform such other administrative
duties as may be prescribed by the
licensing
board. All legal process and all documents required by law to be served upon or
filed with the board shall be served upon or filed with the
division
director at his or her office. All official records of the board, or affidavits
by the
division
director as to the content of such records, shall be prima-facie evidence of all
matters required to be kept therein.
43-7-8.
Each
member of the board shall be reimbursed as provided for in subsection (f) of
Code Section 43-1-2.
43-7-9.
(a)
The
board
director
shall:
(1)
Prepare and approve all examinations of applicants for licenses;
(2)(1)
Determine the qualifications of and license barbers, barber teachers, barber
apprentices, and persons operating barbershops and barber schools to engage in
these respective activities;
(3)(2)
Regulate the practice of barbering, teaching of barbering, barbers, barber
teachers, barber apprentices, and persons operating barbershops and barber
schools;
(4)(3)
Investigate alleged violations of this chapter and any other law of this state
pertaining to barbering and any rules and regulations adopted by the
licensing
board; and, in order to facilitate this duty, any
board
member or inspector shall have the power
and right to enter into and make reasonable inspection of any barbershop or
barber school during regular business hours;
(5)
Conduct hearings in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act'; and, in order to facilitate this duty, the board
and the division director shall have the power to subpoena throughout the state
witnesses, designated documents, papers, books, accounts, letters, photographs,
objects, or other tangible things;
(6)(4)
Reprimand any person, or suspend, revoke, or cancel the license of, or refuse to
grant, renew, or restore a license to any person upon any ground specified in
this chapter;
and
(7)
Adopt a seal, the imprint of which, together with the authorized signature of
either the division director or any other member authorized by the board, shall
be effective to evidence its official acts;
(5)
Maintain in the office of the
division
director a register of all persons holding a license and maintain a record of
all inspections made for a period of two
years;
and.
(b)
The licensing board shall:
(9)(1)
Adopt such rules and regulations as shall be reasonably necessary for the
enforcement and implementation of the provisions and purposes of this chapter
and other laws of this state insofar as they relate to barbering, including, but
not limited to, rules and regulations prescribing requirements for sanitation in
barbershops and barber schools when these rules have been approved by the Board
of Public
Health;
and
(2)
Provide for examinations of applicants for
licenses.
43-7-10.
No
person shall practice or teach barbering, be a student or an apprentice of
barbering, or operate a barbershop or barber school unless he
or
she holds a proper license and continues
to comply with this chapter and all rules and regulations adopted by the
licensing
board; provided, however, that this chapter shall not apply to professional and
trade activities which are properly conducted under authority of other licensing
laws of this state.
43-7-11.
(a)
A license to practice barbering shall be issued to any person who:
(1)
Is at least 16 years of age;
(2)
Has completed the seventh grade of school instruction or its
equivalent;
(3)
Has completed a prescribed course of study of at least 1,500 hours in a licensed
or approved barber school or in a program approved by the Technical College
System of Georgia or has served as an apprentice in a barbershop for 3,000 hours
under the supervision of a master barber; and
(4)
Satisfactorily passes a written and practical examination prepared or approved
by the
licensing
board.
(b)
The director
may issue an
An
approved applicant for examination under this Code section
may be
issued a work permit authorizing
said
such
applicant to practice such occupation until the results of the examination for
which the applicant is scheduled are released. If the applicant fails to appear
for the examination, the work permit shall be revoked unless the applicant
provides just cause to the
board
director
why he or
she was unable to appear for the
examination.
43-7-11.1.
Notwithstanding
any other provisions of this chapter, any person who has actively engaged in the
practice of barbering on a military installation in Georgia for three years
prior to July 1, 1985, shall be eligible to receive a license to practice
barbering upon proper proof of experience, application, and appropriate fee
being submitted to the board on or before September 1, 1985.
43-7-11.2.
A
person licensed as a master cosmetologist under Chapter 10 of this title shall
be eligible to take the examination provided for in Code Section 43-7-11 if that
person completes a
licensing
board approved 300 hour prescribed course in a barbering school, submits a
complete application, and pays the proper fees established by the
licensing
board.
43-7-12.
The
director shall issue, renew, or restore a
A
license to operate a barbershop
shall be
issued, renewed, or restored to any person
who can show that such barbershop:
(1)
Provides and maintains such physical and sanitary facilities and equipment as
may be required by the rules and regulations of the
licensing
board;
(2)
Trains and utilizes apprentices in a manner and number as required by the
licensing
board; and
(3)
Does business only at the location shown on the application for
licensure.
43-7-12.1.
A
barbershop licensed pursuant to this chapter shall be authorized to employ a
cosmetologist, manicurist, esthetician, or shampooer licensed under Chapter 10
of this title without that barbershop being required to be licensed as a beauty
shop or salon under Chapter 10 of this title.
43-7-13.
The
director shall issue a
A
license to teach barbering
shall be
issued to any person who:
(1)
Is a high school graduate or its equivalent;
(2)
Reserved;
(3)(2)
Has completed a teacher's training course as prescribed by the
licensing
board which requires 750 hours from a
board
approved school
approved by
the licensing board or from a program
approved by the Technical College System of Georgia; and
(4)(3)
Satisfactorily passes a written and practical examination prepared or approved
by the
licensing
board.
43-7-13.1.
A
person certified by the Department of Education to teach barbering in the public
schools may obtain a license to teach barbering without meeting the requirements
of Code Section 43-7-13 if that person:
(1)
Holds a current barber license at the master level;
(2)
Holds a diploma or certificate indicating completion of 1,500 credit hours from
a board
approved school
approved by
the licensing board;
(3)
Has completed the three-year teacher training program required by the Department
of Education; and
(4)
Has satisfactorily passed an examination prepared or approved by the
licensing
board.
43-7-14.
The
director shall issue, renew, or restore a
A
license to operate a barber school
shall be
issued, renewed, or restored to any person
who can show that such school:
(1)
Provides a course of study as prescribed by the
licensing
board for basic barbering practice;
(2)
Provides a course of study as prescribed by the
licensing
board for the training of barber teachers;
(3)
Possesses the equipment necessary for the teaching of all courses in the
curriculum prescribed by the
licensing
board;
(4)
Is at all times under the constant and direct supervision of a licensed barber
teacher;
(5)
Employs only those barber teachers who are licensed by the
board
director;
(6)
Provides at least one barber teacher for each 20 students enrolled;
(7)
Keeps a current and accurate record of each student's progress, establishes
grades, and holds examinations before issuing diplomas;
(8)
Keeps permanently and conspicuously displayed a sign which informs the public
that a barber school is being operated on the
premises,
which sign shall display
and
displays the words 'Service by Students
Only';
(9)
Requires all teachers while on the school premises to confine their work to
instruction and research in the field of barbering. In no event shall a teacher
or other person be allowed to practice barbering while on the school premises
except for the purpose of demonstration to students;
(10)
Allows no student to render barbering services to a patron of the school until
he or
she has completed a prescribed minimum
number of hours in theory and practical work and in no instance allows its
students to collect a fee or other compensation for such services;
and
(11)
Has at least ten student applications for enrollment in the basic course of
barbering, provided that such students shall not have been enrolled in a
licensed barber school within nine months immediately preceding application for
a license to operate a barber school.
43-7-15.
Reserved.
43-7-16.
(a)
The director
shall issue a
A
license to practice barbering as an apprentice
shall be
issued to any applicant who shall furnish
the
board
director
evidence that such applicant:
(1)
Will practice under the supervision of a licensed barber with at least 18
months' experience in the practice of barbering; and
(2)
Is 16 years of age or older.
(b)
A license to practice barbering as an apprentice shall not be renewed more than
one time.
43-7-17.
The
board
director
may issue a license to practice under this chapter by endorsement, without
examination, to persons having licenses under similar laws of another state if,
in the opinion of the
board
director,
the standards and qualifications for licensure in that state are comparable to
those in this state for the particular license applied for.
43-7-18.
All
licenses shall expire biennially. All applications for renewal of a license
shall be filed with the
division
director prior to the expiration date, accompanied by the biennial renewal fee
prescribed by the
licensing
board.
43-7-19.
A
license which has expired for failure to renew may be restored after application
and payment of the prescribed restoration fee.
43-7-20.
A
suspended license is subject to expiration and must be renewed or restored as
provided in this chapter during the term of suspension.
43-7-21.
Every
person holding a license issued by the
board
director
shall display it in a conspicuous place in his
or
her school, place of business, or
employment.
43-7-22.
Reserved.
43-7-23.
(a)
The
board
director,
acting upon
its
his or
her own knowledge or upon written and
verified complaint filed by any person, shall have the power to reprimand, or to
suspend, revoke, or cancel the license of, or to refuse to grant, renew, or
restore a license to any licensee upon proof of any one of the following
grounds:
(1)
The commission of any false, fraudulent, or deceitful act or the use of any
forged, false, or fraudulent document in connection with the license
requirements of this chapter or the rules and regulations of the
licensing
board;
(2)
Failure at any time to comply with the requirements for a license under this
chapter;
(3)
The practice of barbering under a false or assumed name;
(4)
Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants
to such an extent as to render the licensee unsafe or unfit to practice or teach
barbering;
(5)
Any physical disease or mental disability which renders the licensee unfit to
practice or teach barbering;
(6)
Any dishonorable or unethical conduct likely to deceive, defraud, or harm the
public;
(7)
Knowing performance of any act which in any way assists an unlicensed person to
practice or teach barbering; or
(8)
Violating, either directly or indirectly, or assisting in or abetting the
violation of, any provision of this chapter or any rule or regulation of the
licensing
board.
(b)
The
board
director
may impose a fine not to exceed $500.00 for each violation of any provision of
subsection (a) of this Code section. Such fines shall be listed in a schedule
contained in the rules and regulations of the
licensing
board. The licensee shall pay the fine within 30 days after receiving written
notification from
either the
board or a representative of the board
the
director unless the licensee requests in
writing a hearing before the
licensing
board as
provided in Code Section 43-1-3.1.
Such
request for a hearing must be received by the board within 30 days after receipt
of the written notification from the
board. Failure to either pay the fine or
request a hearing shall result in immediate suspension of the license
pending a
hearing to determine whether revocation or
other disciplinary action
should be
imposed on the licensee
in accordance
with the provisions of Code Section
43-1-3.1.
(c)
The
board
director
for good cause shown and under such conditions as
it
the
director may prescribe may restore a
license to any person whose license has been suspended or revoked.
(d)
Chapter 13
of Title 50, the 'Georgia Administrative Procedure Act,' shall apply to any
proceeding under this Code section.
Any action of
the director taken pursuant to this Code section shall be made in compliance
with Code Section 43-1-3.1.
43-7-24.
The
practice or teaching of barbering and the operation of barber schools and
barbershops are declared to be activities affecting the public interest and
involving the health, safety, and welfare of the public. Such activities when
engaged in by a person who is not licensed are declared to be a public nuisance,
harmful to the public health, safety, and welfare. The
board
director
or the appropriate prosecuting attorney may bring an action, in the superior
court of the county where such unlicensed person resides, to restrain and enjoin
such unlicensed practice. It shall not be necessary in order to obtain the
equitable relief provided for in this Code section to allege or prove that there
is no adequate remedy at law.
43-7-24.1.
Notwithstanding
any other provision of this chapter, premises made available for a barbershop
within a facility licensed as a nursing home pursuant to Article 1 of Chapter 7
of Title 31 shall not be required to be licensed as a barbershop under this
chapter, or otherwise be subject to any provisions of this chapter except for
inspections, investigations, or both, for alleged violations of this chapter by
any person licensed under this chapter, if barbering services in such premises
are rendered only to residents of the nursing home.
43-7-25.
All
rules and regulations that were adopted by the Georgia State Board of Barbers as
it existed prior to July 1, 1973, shall continue in full force and effect until
modified or repealed.
Reserved.
43-7-26.
Any
person who violates this chapter shall be guilty of a
misdemeanor."
SECTION
1-11.
Said
title is further amended by revising Chapter 8B, relating to the State Board of
Cemeterians, as follows:
"CHAPTER
8B
43-8B-1.
This
chapter shall be known and may be cited as the 'Georgia Cemeterians Board
Act.'
43-8B-2.
As
used in this chapter, the term:
(1)
'Board' means the State Board of Cemeterians established by this
chapter, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibilities set forth in such
chapter.
(2)
'Cemeterian' means a person registered as a cemetery owner pursuant to Chapter
14 of Title 10 or a cemetery manager.
(3)
'Cemetery' means a cemetery as defined in Chapter 14 of Title 10.
(4)
'Director' means the director of professional licensing.
(5)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
43-8B-3.
The
practice of the profession of a cemeterian, as defined in this chapter, is
declared to be a business or profession affecting the public interest and
involving the health and safety of the public.
43-8B-4.
There
shall be established in the Office of the Secretary of State the State Board of
Cemeterians as
a professional licensing policy board pursuant to Chapter 1 of this
title to be constituted as provided in
this chapter with the powers, duties, and authority vested in such board by this
chapter and
Chapter 1 of this title.
43-8B-5.
(a)
The board shall consist of six members who shall be practicing cemeterians with
a minimum of five years of experience and one member who shall have no
connection whatsoever with the cemetery profession but who shall have a
recognized interest in consumer affairs and in consumer protection
concerns.
(b)
The members of the board shall be appointed by the Governor for terms of office
of six years and all vacancies occurring on the board shall be filled by the
Governor. When an appointment is made to fill a vacancy caused by death or
resignation of a member, such appointment shall be for the remainder of the
unexpired term of the member whose death or resignation caused the vacancy so
filled.
(c)
A majority of the members of the board may remove any member who misses three or
more consecutive regular meetings of the board without a medical reason and may
declare that position on the board to be vacant. A member so removed shall not
be eligible for reappointment until the expiration of the term of office for
which such person was serving. The Governor shall have the power to remove from
office any member of the board for willful neglect of duty or for conviction of
a crime involving moral turpitude.
43-8B-6.
(a)
The board shall each year elect from its members a president whose term shall be
one year and who shall serve during the period for which elected and until a
successor shall be elected.
(b)
The board shall meet at least yearly and more often as the proper and efficient
discharge of its duties may require.
(c)
Each member of the board shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
(d)
No inspector shall own, operate, or be employed by any cemetery or perform any
services on behalf thereof.
43-8B-7.
For
the purpose of better protection of life and
health,
the
licensing
board is authorized:
(1)
To fix and prescribe minimum standards of general appearance of cemeteries;
and
(2)
To
undertake such other duties and to exercise such other powers as may from time
to time be prescribed by law;
(3)
To adopt a common seal; and
(4)
To make and promulgate rules and regulations not inconsistent with the laws of
this state for the regulation of
such
the
licensing board and pursuant to the
provisions of Chapter 14 of Title 10. All rules and regulations of the
Secretary of State promulgated pursuant to the authority of Chapter 14 of Title
10 and existing immediately prior to July 1,
2006
2012,
which are not inconsistent with this chapter shall continue in effect until
repealed, amended, or otherwise changed by the
licensing
board."
SECTION
1-12.
Said
title is further amended by revising Chapter 9, relating to chiropractors, as
follows:
"CHAPTER
9
43-9-1.
As
used in this chapter, the term:
(1)
'Board' means the Georgia Board of Chiropractic
Examiners, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibilities set forth in such
chapter.
(2)
'Chiropractic' means the adjustment of the articulations of the human body,
including ilium, sacrum, and coccyx, and the use of X-ray, provided that the
X-ray shall not be used for therapeutical purposes. The term shall also mean
that separate and distinct branch of the healing arts whose science and art
utilize the inherent recuperative powers of the body and the relationship
between the musculoskeletal structures and functions of the body, particularly
of the spinal column and the nervous system, in the restoration and maintenance
of health. Chiropractic is a learned profession which teaches that the
relationship between structure and function in the human body is a significant
health factor and that such relationships between the spinal column and the
nervous system are most significant, since the normal transmission and
expression of nerve energy are essential to the restoration and maintenance of
health. However, the term shall not include the use of drugs or surgery. The
adjustment referred to in this paragraph and subsection (b) of Code Section
43-9-16 may only be administered by a doctor of chiropractic authorized to do so
by the provisions of this chapter; provided, however, that the provisions of
this Code section shall not prevent any other health care provider from
administering techniques authorized within their scope of practice.
(2.1)
'Director' means the director of professional licensing.
(2.2)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(3)
'Practice of chiropractic' shall also include peer review which is defined as
the procedure by which chiropractors licensed in this state evaluate the quality
and efficiency of services ordered or performed by other chiropractors,
including but not limited to practice analysis, audit, claims review,
underwriting assistance, utilization review, and compliance with applicable
laws, rules, and regulations.
(4)
'Subluxation' means a complex of functional or pathological articular changes
that compromise neural integrity and general health. A subluxation is
evaluated, diagnosed, and managed through the use of chiropractic procedures
based on the best available rational and empirical evidence.
43-9-2.
(a)
There is created and established a board to be known as the Georgia Board of
Chiropractic
Examiners, a
professional licensing policy board pursuant to Chapter 1 of this title with all
powers set forth in such chapter. The
board shall be composed of five practicing chiropractors who shall be appointed
by the Governor with the approval of the Secretary of State and confirmation by
the Senate. Such members shall be of good moral character, residents of
the
this
state, and graduates of chartered chiropractic schools or colleges requiring
actual attendance in same and shall have practiced chiropractic continuously and
resided in
the
this
state for a period of at least five years.
(b)
The board shall, in addition to the five members provided for in subsection (a)
of this Code section, consist of a sixth member who shall be appointed by the
Governor from the public at large and who shall not be in any way connected to
practicing chiropractic. The initial term for such member shall expire June 30,
1983; successors appointed on or after July 1, 1995, shall be appointed for a
term of five years.
(c)
On or after July 1, 1995, not more than one member of the board shall be
appointed who resides in any one congressional district, with the exception of
the member appointed from the public at large. Board members appointed on or
after July 1, 1995, shall be appointed for terms of five years and may be
appointed to serve for no more than two consecutive five-year terms in addition
to any unexpired term of office that member may have filled.
43-9-3.
(a)
The members of the board provided for in subsection (a) of Code Section 43-9-2
shall be so classified by the Governor that the terms of office of two shall
expire in one year, two in two years, and one in three years from the date of
appointment. Annually the Governor shall appoint, to fill vacancies in the five
professional positions on the board, licensed practitioners who possess the
qualifications specified in subsection (a) of Code Section 43-9-2 to serve for a
period of five years.
(b)
The Governor shall fill vacancies in the board caused by death or otherwise as
soon as practicable. Such appointees shall serve for the unexpired term of the
member whose vacancy is being filled. Before appointing the members of the
board, the Governor shall
satisfy
himself
be
satisfied that the appointees are of high
character and standing and possess the other qualifications prescribed in this
chapter.
43-9-4.
The
board shall meet at such times as the board determines necessary for the
performance of its duties. Called meetings shall be authorized at the
discretion of the president.
The board
shall adopt a seal, which shall be affixed to all licenses issued and shall from
time to time adopt such rules and regulations as it deems proper and necessary
for the performance of its duties. The
board shall elect annually a president and a vice president. Immediately before
entering upon the duties of office, the members of the board shall take the
constitutional oath of office and shall file the same in the office of the
Governor, who, upon receiving the oath of office, shall issue a certificate of
appointment to each member.
43-9-5.
The
division director shall keep a true and accurate account of all funds received
and all vouchers issued. The members of
the board shall be reimbursed as provided for in subsection (f) of Code Section
43-1-2.
43-9-6.
Upon
sufficient proof to the Governor of the incompetency, inability, unprofessional
conduct, misconduct, or such conduct as in the discretion of the Governor is
unbecoming a member of the board, such member shall be dismissed by the
Governor.
43-9-6.1.
(a)
The
licensing
board is authorized to:
(1)
Adopt, amend, and repeal such rules and regulations not inconsistent with this
chapter necessary for the proper administration and enforcement of
said
this
chapter;
and
(2)
Conduct hearings upon the timely filing of a petition by a person against whom
the director has taken disciplinary action.
(b)
The director is authorized to:
(2)(1)
Examine, issue, renew, and reinstate the licenses of duly qualified applicants
for licensure to practice chiropractic in this state;
(3)(2)
Deny, suspend, revoke, or otherwise sanction licenses to practice chiropractic
in this state;
(4)(3)
Initiate investigations for the purpose of discovering violations of this
chapter;
(5)(4)
Conduct
hearings upon charges calling
Issue
administration orders or take administrative
action for the discipline of a licensee or
on violations of this chapter;
(6)(5)
Issue to
chiropractors,
licensed under this
chapter,
certificates
under the
seal of the board evidencing such
licensure and signed, either by hand or facsimile signature, by the
president
of the board and the division director;
and
(7)(6)
Expunge or delete from the disciplinary record of any licensee advertising
violations not defined in the rules of the
licensing
board as immoral and unprofessional conduct or relating to reasonable care and
skill in the treatment of a patient.
43-9-7.
(a)
Any person wishing to practice chiropractic in this state shall make application
to the
board
through the division director in such form
as may be adopted and directed by the
licensing
board.
(b)
The application shall recite the history of the applicant's educational
qualifications, how long he or she has studied chiropractic, what collateral
branches, if any, he or she has studied, and the length of time he or she has
engaged in clinical practice, with proof thereof in the form of diplomas,
certificates, and other information, and shall accompany the application with
satisfactory evidence of good character and reputation.
(c)
Each applicant shall provide with his or her application an application fee in
an amount established by the
licensing
board.
(d)
Each applicant shall be of good moral character and shall be a graduate of a
chiropractic school or college accredited by the Council on Chiropractic
Education or a
licensing
board approved successor or a chiropractic school or college which is actively
seeking accreditation from the Council on Chiropractic Education or a
licensing
board approved successor, which requires a four-year standard college course and
is approved by the
licensing
board.
(e)
In addition
to the
requirements heretofore provided in this Code
section, each applicant for examination
shall have successfully concluded two years' general college training in schools
or colleges approved by the Southern Association of Accredited Colleges and
Universities or schools or colleges approved by virtue of reciprocity through
such association. The
licensing
board is authorized to promulgate rules and regulations regarding such
requirements
with
respect to
for
schools or colleges in foreign countries not approved by the Southern
Association of Accredited Colleges and Universities.
(f)
A student enrolled in the last academic year of a chiropractic school or college
meeting the requirements of this chapter as set forth in subsection (d) of this
Code section may, at the discretion of the
board
director,
take the examination as required in Code Section 43-9-8; provided, however, that
such student has successfully completed all other requirements for application
for licensure as established either by this chapter or by
licensing
board rule. Such a student who successfully passes the examination shall not be
eligible for licensure until all of the requirements of application for
licensure established by this chapter or
licensing
board rule are met.
43-9-7.1.
The
board
director
may, at
its
his or
her discretion, issue a temporary license
without examination to an applicant who is a holder of a valid license in good
standing in another state which was obtained by examination. Such a temporary
license shall be issued under the following provisions:
(1)
The temporary license shall be valid for a maximum of 12 months from the date of
issuance but shall automatically expire within the 12 month period when the
temporary license holder:
(A)
Is granted a regular license; or
(B)
Does not take and pass the next available examination following the grant of
such temporary license, in which event the license expires upon the notification
of the results of that examination; and
(2)
The practice of chiropractic pursuant to the temporary license shall only be
performed under the supervision and direction of a
board
approved licensed doctor of chiropractic
approved by
the director. The holder of a temporary
license shall be subject to all of the laws and rules of this state pertaining
to the practice of chiropractic. The granting of a temporary license shall not
be prima-facie evidence that the holder meets minimum basic requirements for
examination by the
licensing
board or for the issuance of a regular license.
43-9-7.2.
Nothing
in this chapter shall be construed as preventing or prohibiting the practice,
services, or activities of:
(1)
Any person pursuing a course of study leading to a doctor of chiropractic
degree, postgraduate training, or training as a chiropractic assistant, which is
approved by the
licensing
board as provided for in this chapter, if such person is designated by a title
indicating student status, is fulfilling clinical training requirements for the
attainment of a degree or certificate, and is under the supervision of a
chiropractor licensed under this chapter and approved by the
board
director;
(2)
Any person licensed to practice chiropractic in this or another state who is
employed as a professor or instructor by a chiropractic school or college
located in this state or who is enrolled in or teaching a course of study
designed to develop chiropractic clinical skills when chiropractic activities
are required as part of an educational program sponsored by a chiropractic
school or college, as provided for in Code Section 43-9-7, or other educational
program as may be approved by the
board
director.
Such practice shall be conducted under the supervision of a licensed
chiropractor approved by the
board
director.
No such person shall be authorized to provide chiropractic services outside of
the scope of the educational program and setting, nor shall such a person
perform, or supervise the performance of, any chiropractic service provided on a
fee-for-service basis without having first obtained a license in accordance with
this chapter. The
licensing
board shall have the authority to promulgate rules relative to such
practice;
(3)
A chiropractor licensed in good standing in any other state, territory, or other
jurisdiction of the United States or of any other nation or foreign jurisdiction
if that person is employed or designated in their professional capacity by a
sports or performing arts entity visiting the state for a specific sports or
performing arts event subject to the following restrictions:
(A)
A chiropractor's practice under this paragraph is limited to the members,
coaches, and staff of the team or event for which that chiropractor is employed
or designated, and such practice shall only occur at the designated venue of the
event; and
(B)
Any chiropractor practicing under the authority of this paragraph may utilize
only those practices and procedures authorized by this chapter and approved by
licensing
board rule; and
(4)
Nothing in this chapter shall prohibit any person from assisting a duly licensed
chiropractor in the practices and procedures so authorized by this chapter,
excluding the adjustment of the articulations of the human body, provided such
person is under the direct order and supervision of a duly licensed doctor of
chiropractic who is physically present in the facility or office.
43-9-8.
All
applicants for licenses shall take an examination approved by the
licensing
board.
43-9-9.
Persons
licensed to practice chiropractic under the laws of any other state having
requirements equal to those of this chapter may, in the discretion of the
board
director,
be issued a license to practice chiropractic in this state without written
examination upon the payment of a fee in an amount established by the
licensing
board.
43-9-10.
Reserved.
43-9-10.1.
Every
person licensed under this chapter shall:
(1)
Display such license in a conspicuous place in such person's principal place of
business; and
(2)
Notify the
board
director
of any change of business or residence address.
43-9-11.
Every
person who receives or has received a license to practice chiropractic from the
board
director
shall pay the
board
director
on or before the renewal date a fee in an amount established by the
licensing
board, payment of which shall renew his or her license to practice chiropractic
for the ensuing two years, provided that the
board
director
has satisfactory evidence that the applicant for renewal has completed a minimum
of 20 hours of continuing education per year as approved by the
licensing
board. All chiropractic colleges teaching an approved course of instruction
shall be classified as approved.
43-9-12.
(a)
The
board
director
shall have the authority to refuse to grant a license to an applicant therefor
or to revoke the license of
a person
licensed by that board or to
or
discipline a person licensed by
that
board,
the
director upon a finding by
a majority
of the entire board
the
director that the licensee or applicant
has:
(1)
Failed to demonstrate the qualifications or standards for a license contained in
this chapter or the rules or regulations promulgated under this chapter; it
shall be incumbent upon the applicant to demonstrate to the satisfaction of the
board
director
that
he
the
applicant meets all the requirements for
the issuance of a license, and, if the
board
director
is not satisfied as to the applicant's qualifications,
it
the
director may deny a license without a
prior hearing; provided, however, that the applicant shall be allowed to appear
before the
licensing
board if he or
she so desires;
(2)
Knowingly made misleading, deceptive, untrue, or fraudulent representations in
the practice of chiropractic or on any document connected therewith;
or
practiced fraud or deceit or intentionally made any false statement in obtaining
a license to practice the licensed business or profession; or made a false
statement or deceptive registration with the
board
director;
(3)
Been convicted of any felony or of any crime involving moral turpitude in the
courts of this state or any other state, territory, or country or in the courts
of the United States; as used in this paragraph and paragraph (4) of this
subsection, the term 'felony' shall include any offense which, if committed in
this state, would be deemed a felony, without regard to its designation
elsewhere; and, as used in this paragraph, the term 'conviction' shall include a
finding or verdict of guilty or a plea of guilty, regardless of whether an
appeal of the conviction has been sought;
(4)
Been arrested, charged, and sentenced for the commission of any felony, or any
crime involving moral turpitude, where:
(A)
A plea of nolo contendere was entered to the charge;
(B)
First offender treatment without adjudication of guilt pursuant to the charge
was granted; or
(C)
An adjudication or sentence was otherwise withheld or not entered on the
charge.
The
plea of nolo contendere or the order entered pursuant to the provisions of
Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or
other first offender treatment shall be conclusive evidence of arrest and
sentencing for such crime;
(5)
Had his or
her license to practice chiropractic
revoked, suspended, or annulled by any lawful licensing authority other than the
board
director;
or
had other disciplinary action taken against him
or
her by any such lawful licensing authority
other than the
board
director;
or was denied a license by any such lawful licensing authority other than the
board
director,
pursuant to disciplinary proceedings, or was refused the renewal of a license by
any such lawful licensing authority other than the
board
director,
pursuant to disciplinary proceedings;
(6)
Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious
conduct or practice harmful to the
public,
which conduct or practice
that
materially affects the fitness of the licensee or applicant to practice
chiropractic,
or
is
of a nature likely to jeopardize the interest of the
public,
which;
such conduct or practice need not have
resulted in actual injury to any person or be directly related to the practice
of chiropractic but shows that the licensee or applicant has committed any act
or omission which is indicative of bad moral character or
untrustworthiness;
unprofessional.
Unprofessional conduct shall also include
any departure from, or the failure to conform to, the minimal standards of
acceptable and prevailing practice of chiropractic;
(7)
Knowingly performed any act which in any way aids, assists, procures, advises,
or encourages any unlicensed person or any licensee whose license has been
suspended or revoked by the
licensing
board or the
director to practice chiropractic or to
practice outside the scope of any disciplinary limitation placed upon the
licensee by the
licensing
board or the
director;
(8)
Violated a statute, law, or any rule or regulation of this state, any other
state, the
licensing
board, the United States, or any other lawful authority without regard to
whether the violation is criminally
punishable,
which
when
such statute, law, or rule or regulation
relates to or in part regulates the practice of chiropractic when the licensee
or applicant knows or should know that such action
is
violative of
violates
such statute, law, or rule; or violated a lawful order of the
licensing
board or the
director previously entered by the
licensing
board or the
director in a disciplinary hearing,
consent decree, or license reinstatement;
(9)
Been adjudged mentally incompetent by a court of competent jurisdiction inside
or outside this state; any such adjudication shall automatically suspend the
license of any such person and shall prevent the reissuance or renewal of any
license so suspended for
as
long as the adjudication of incompetence is in effect;
(10)
Displayed an inability to practice chiropractic with reasonable skill and safety
to the public
or has
become unable to practice chiropractic with reasonable skill and safety to the
public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any
other type of material; or
(11)(A)
Become unable to practice chiropractic with reasonable skill and safety to
patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or
any other type of material, or as a result of any mental or physical
condition.
(B)
In enforcing this paragraph, the
board
director
may, upon reasonable grounds, require a licensee or applicant to submit to a
mental or physical examination by licensed health care providers designated by
the
board
director.
The results of such examination shall be admissible in any hearing before the
licensing
board, notwithstanding any claim of privilege under a contrary rule of law or
statute, including, but not limited to, Code Section 24-9-21. Every person who
shall accept the privilege of practicing chiropractic in this state or who shall
file an application for a license to practice chiropractic in this state shall
be deemed to have given his or her consent to submit to such mental or physical
examination and to have waived all objections to the admissibility of the
results in any hearing before the
licensing
board, upon the grounds that the same constitutes a privileged communication.
If a licensee or applicant fails to submit to such an examination when properly
directed to do so by the
board
director,
unless such failure was due to circumstances beyond his or her control, the
board
director
may enter a final
order upon
proper notice, hearing, and proof of such
refusal. Any licensee or applicant who is
prohibited from practicing chiropractic under this paragraph shall at reasonable
intervals be afforded an opportunity to demonstrate to the
licensing
board that he or she can resume or begin the practice of chiropractic with
reasonable skill and safety to patients.
(C)
For the purposes of this paragraph, the
board
director
may, upon reasonable grounds, obtain any and all records relating to the mental
or physical condition of a licensee or applicant, including psychiatric records;
and such records shall be admissible in any hearing before the
licensing
board, notwithstanding any privilege under a contrary rule of law or statute,
including, but not limited to, Code Section 24-9-21. Every person who shall
accept the privilege of practicing chiropractic in this state or who shall file
an application to practice chiropractic in this state shall be deemed to have
given his or her consent to the
board's
director
obtaining any such records and to have waived all objections to the
admissibility of such records in any hearing before the
licensing
board, upon the grounds that the same constitutes a privileged
communication.
(D)
If any licensee or applicant could, in the absence of this paragraph, invoke a
privilege to prevent the disclosure of the results of the examination provided
for in subparagraph (B) of this paragraph or the records relating to the mental
or physical condition of such licensee or applicant obtained pursuant to
subparagraph (C) of this paragraph, all such information shall be received by
the
board
director
in camera and shall not be disclosed to the public, nor shall any part of the
record containing such information be used against any licensee or applicant
in any
other type of
except in
a proceeding
before the
licensing board.
(b)
The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act,' with respect to emergency action and summary suspension of a license are
adopted and incorporated by reference into this Code
section;
provided, however, that any such proceeding shall be before the licensing
board.
(c)
For purposes of this Code section, the
board
director
may obtain, through subpoena by the
division
director, upon reasonable grounds, any and all records relating to the mental or
physical condition of a licensee or applicant, and such records shall be
admissible in any hearing before the
licensing
board.
(d)
When the
board
director
finds that any person is unqualified to be granted a license or finds that any
person should be disciplined pursuant to subsection (a) of this Code section or
pursuant to any other provision of this chapter, the
board
director
may take any one or more of the following actions:
(1)
Refuse to grant or renew a license to an applicant;
(2)
Administer a public or private reprimand, but a private reprimand shall not be
disclosed to any person except the licensee;
(3)
Suspend any license for a definite period or for an indefinite period in
connection with any condition which may be attached to the restoration of said
license;
(4)
Limit or restrict any license as the
board
director
deems necessary for the protection of the public;
(5)
Revoke any license;
(6)
Condition the penalty upon, or withhold formal disposition pending, the
applicant's or licensee's submission to such care, counseling, or treatment as
the
board
director
may direct; or
(7)
Impose a fine not to exceed $500.00 for each violation of a law, rule, or
regulation relating to the practice of chiropractic.
(e)
In addition to and in conjunction with the actions described in subsection (d)
of this Code section, the
board
director
may make a finding adverse to the licensee or applicant but withhold imposition
of judgment and penalty; or
it
the
director may impose the judgment and
penalty but suspend enforcement thereof and place the licensee on probation,
which
probation
may be vacated upon
noncompliance
compliance
with such reasonable terms as the
board
director
may impose.
(f)
An action of
the director taken pursuant to this chapter shall be made in compliance with
Code Section 43-1-3.1. Initial judicial
review of a final decision of the
licensing
board shall be had solely in the
superior
court of the county of domicile of the
board
Superior Court
of Bibb County.
(g)
In its
discretion, the board
The
director may
in his or her
discretion reinstate a license which has
been revoked or issue a license which has been denied or refused, following such
procedures as the
licensing
board may prescribe by rule; and, as a condition thereof,
it
may impose any disciplinary or corrective method provided in this Code section
or the laws relating to chiropractic.
(h)
Neither the issuance of a private reprimand nor the denial of a license by
reciprocity nor the denial of a request for reinstatement of a revoked license
nor the refusal to issue a previously denied license shall be considered to be a
contested case within the meaning of Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act'; notice and hearing within the meaning of said
chapter shall not be required, but the applicant or licensee shall be allowed to
appear before the
licensing
board as
provided in Code Section 43-1-3.1 if he
or
she so requests.
(i)
The voluntary surrender of a license or the failure to renew a license by the
end of an established penalty period shall have the same effect as a revocation
of said license, subject to reinstatement in the discretion of the
board
director.
The
board
director
may restore and reissue a license to practice chiropractic and, as a condition
thereof, may impose any disciplinary sanction provided by this
chapter.
(j)
The board,
the division
director, the
licensing board, or the appropriate
prosecuting attorney may bring an action to enjoin the unlicensed practice of
chiropractic by any person. The action to restrain and enjoin such unlicensed
practice shall be brought in the superior court of the county where the
unlicensed person resides. It shall not be necessary to allege or prove that
there is no adequate remedy at law to obtain an injunction under this Code
section.
(k)
Notwithstanding the provisions of paragraph (2) of subsection (h) of Code
Section 43-1-19, if a chiropractor is the subject of
a
board
an
investigation
by the
director initiated as the result of a
complaint or report to the
board
director,
a copy of a summary of the complaint or report shall be furnished to the
chiropractor as soon as practicable after the investigation is initiated but in
any event prior to or at the same time as the delivery of a subpoena for the
production of documents. If a chiropractor is the subject of an investigation
initiated by the
board
director
on
its
his or
her own initiative, a written statement of
the acts or omissions being investigated shall be furnished to the chiropractor
as soon as practicable after the investigation is initiated but in any event
prior to or at the same time as the delivery of a subpoena for the production of
documents. The
board
director
may delay providing the chiropractor with a copy of the summary or statement if
the
board
director
determines that the nature of the investigation requires that its existence not
be disclosed to the chiropractor but in no event shall such summary or statement
be provided later than the delivery of a subpoena for the production of
documents to the chiropractor. Nothing in this Code section shall be construed
to limit the authority of the
board
director
to pursue violations of the
licensing
board's laws and rules and regulations discovered during the course of an
investigation.
43-9-12.1.
The
doctor of chiropractic must bring to the exercise of that person's profession a
reasonable degree of care and skill, which shall include the determination of
the need for chiropractic care, as defined in paragraph (2) of Code Section
43-9-1, and shall render treatment, referral to the appropriate health care
provider, or both treatment and referral commensurate with that chiropractor's
findings. Any failure to refer to the appropriate health care provider may
subject the doctor of chiropractic to the provisions of Code Section 43-9-12.
Nothing in this Code section shall be deemed to expand or limit the chiropractic
scope of practice.
43-9-13.
Upon
written presentation to the
board
director
of any of the grounds enumerated in Code Section 43-9-12 for revoking or
refusing a license, the
board shall
conduct a hearing in conformance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
director may
revoke or refuse a license as provided in Code Section 43-1-3.1.
43-9-14.
Reserved.
43-9-15.
The
board
director
may, within such period as is established by the
division
director following the refusal or revocation or cancellation of registration
under this chapter,
by a
majority vote, issue a new license or
grant a license to the person affected, restoring him
or
her to or conferring upon him
or
her all the rights and privileges of and
pertaining to the practice of chiropractic, as defined and regulated by this
chapter, upon the applicant or licensee showing good moral character and
possessing the qualifications required under the terms of this chapter. Any
person to whom such registration may have been restored shall pay to the
division
director an amount established by the
licensing
board upon the issuance of a new license.
43-9-16.
(a)
Chiropractors who have complied with this chapter shall have the right to
practice chiropractic as defined in paragraph (2) of Code Section 43-9-1 and to
evaluate, diagnose, and adjust patients according to specific chiropractic
methods in order to correct spinal subluxations or to adjust the articulations
of the human body. Chiropractors shall observe all applicable public health
regulations.
(b)
The chiropractic adjustment of the spine or articulations of the human body may
include manual adjustments and adjustments by means of electrical and mechanical
devices which produce traction or vibration. Chiropractors who have complied
with this chapter may also use modalities. Modalities include any physical
agent applied to produce therapeutic change to biologic tissues including
thermal, acoustic, noninvasive light, mechanical, or electric energy, hot or
cold packs, ultrasound, galvanism, microwave, diathermy, and electrical
stimulation. Chiropractors who have complied with this chapter may utilize and
recommend therapeutic procedures effecting change through the application of
clinical skills and services that attempt to improve function, including
therapeutic exercise, therapeutic activities, manual therapy techniques,
massage, and structural supports as they relate to the articulations of the
human body; provided, however, that the same shall not be construed to allow
chiropractors to treat patients outside the scope of practice of chiropractic as
set forth in this chapter.
(c)
Chiropractors who have complied with this chapter may utilize those modalities
and procedures described in subsection (b) of this Code section, provided the
chiropractor shall have completed a course of study containing a minimum of 120
hours of instruction in the proper utilization of those procedures in accordance
with the guidelines set forth by the Council on Chiropractic Education or its
successor and is qualified and so certified in that proper
utilization.
(d)
Chiropractors who have complied with this chapter shall have the right to sign
health certificates, reporting to the proper health officers the same as other
practitioners.
(e)
Chiropractors shall not prescribe or administer medicine to patients, perform
surgery, or practice obstetrics or osteopathy.
(f)
Chiropractors shall not use venipuncture, capillary puncture, acupuncture, or
any other technique which is invasive of the human body either by penetrating
the skin or through any of the orifices of the body or through the use of
colonics. Nothing in this subsection shall be construed to prohibit a
chiropractor who is licensed to perform acupuncture under Article 3 of Chapter
34 of this title from engaging in the practice of acupuncture.
(g)
A person professing to practice chiropractic for compensation must bring to the
exercise of that person's profession a reasonable degree of care and skill. Any
injury resulting from a want of such care and skill shall be a tort for which a
recovery may be had. If a chiropractor performs upon a patient any act
authorized to be so performed under this chapter but
which
the
act also constitutes a standard procedure of the practice of medicine, including
but not limited to the use of modalities such as those described in subsection
(b) of this Code section and X-rays, under similar circumstances the
chiropractor shall be held to the same standard of care as would licensed
doctors of medicine who are qualified to and who actually perform those acts
under similar conditions and like circumstances.
(h)
A licensed practitioner of chiropractic may use only the title 'chiropractor,'
or 'doctor of chiropractic,' or 'D.C.'
(i)
Chiropractors who have complied with this chapter may recommend the use of
nutritional and dietary supplements. Any such recommendation of nutritional and
dietary supplements shall not be construed to allow chiropractors to treat
patients outside the scope of the practice of chiropractic as set forth in this
chapter nor shall this subsection be construed to allow chiropractors to sell at
a profit any such nutritional and dietary supplements without providing their
generic name. Nothing in this subsection shall preclude compliance with Chapter
8 of Title 48, relating to the collection of sales and use taxes.
43-9-17.
Nothing
in this chapter shall be construed to prohibit the performance of any
chiropractic task by a student enrolled in an approved chiropractic college when
such student has successfully completed at least one academic year of schooling
therein and when such task is performed under the supervision and direction of
an authorized instructor duly licensed to practice chiropractic in this
state.
43-9-18.
(a)
No person other than a doctor of chiropractic may render chiropractic services
or chiropractic adjustments.
(b)
Notwithstanding subsection (a) of this Code section, nothing in this chapter
shall be construed to:
(1)
Prohibit any other licensed health care professional from practicing within the
scope of that person's license; or
(2)
Permit any person not licensed or authorized under this chapter to engage in the
practice of chiropractic.
43-9-19.
It
shall be unlawful for any person to practice chiropractic unless that person
shall have first obtained a license as provided in this chapter and possesses
all the qualifications prescribed by the terms of this chapter. Any person who
practices or attempts to practice chiropractic without a license,
or
who buys or fraudulently obtains a license to practice chiropractic,
or
who violates any of the terms of this chapter, or who uses the title 'doctor of
chiropractic,' 'chiropractor,' 'chiropractic,' 'D.C.,' or any word or title to
induce the belief that such a person is engaged in the practice of chiropractic,
without first complying with this chapter, shall be guilty of a felony and, upon
conviction thereof, shall be punished by a fine of not less than $500.00 nor
more than $5,000.00, or by imprisonment for not less than two nor more than five
years, or both, at the discretion of the court. All subsequent offenses shall
be separate and distinct offenses, and punishable in like
manner."
SECTION
1-13.
Said
title is further amended by revising Chapter 10, relating to cosmetologists, as
follows:
"CHAPTER
10
43-10-1.
As
used in this chapter, the term:
(1)
'Beautician' means 'cosmetologist' as such term is defined in this Code
section.
(2)
'Beauty shop' or 'beauty salon' means any premises where one or more persons
engage in the occupation of cosmetology.
(3)
'Board' means the State Board of
Cosmetology, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(4)
'Cosmetologist' means any person who performs any one or more of the following
services for compensation:
(A)
Cuts or dresses the hair;
(B)
Gives facial or scalp massage or facial and scalp treatment with oils or creams
and other preparations made for this purpose, either by hand or mechanical
appliance;
(C)
Singes and shampoos the hair, dyes the hair, or does permanent waving of the
hair;
(D)
Performs nail care, pedicure, or manicuring services as defined in paragraph (9)
of this Code section; or
(E)
Performs the services of an esthetician as defined in paragraph (5) of this Code
section.
Such
person shall be considered as practicing the occupation of a cosmetologist
within the meaning of this Code section; provided, however, that such term shall
not mean a person who only braids the hair by hairweaving; interlocking;
twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using
any natural or synthetic fiber for extensions to the hair, and no such person
shall be subject to the provisions of this chapter. Such term shall not apply
to a person whose activities are limited to the application of cosmetics which
are marketed to individuals and are readily commercially available to
consumers.
(4.1)
'Director' means the director of professional licensing.
(5)
'Esthetician' or 'esthetics operator' means a person who, for compensation,
engages in any one or a combination of the following practices, esthetics, or
cosmetic skin care:
(A)
Massaging the face or neck of a person;
(B)
Trimming eyebrows;
(C)
Dyeing eyelashes or eyebrows; or
(D)
Waxing, stimulating, cleansing, or beautifying the face, neck, arms, or legs of
a person by any method with the aid of the hands or any mechanical or electrical
apparatus or by the use of a cosmetic preparation.
Such
practices of esthetics shall not include the diagnosis, treatment, or therapy of
any dermatological condition. Such term shall not apply to a person whose
activities are limited to the application of cosmetics which are marketed to
individuals and are readily commercially available to consumers.
(6)
Reserved.
(7)
'Hair designer' means any person who performs any one or more of the following
services for compensation:
(A)
Cuts or dresses the hair; or
(B)
Singes and shampoos the hair or dyes the hair.
(7.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(8)
'Master cosmetologist' means a cosmetologist who is possessed of the requisite
skill and knowledge to perform properly all the services mentioned in paragraph
(4) of this Code section for compensation.
(9)
'Nail technician' means a person who, for compensation, trims, files, shapes,
decorates, applies sculptured or otherwise artificial nails, or in any way cares
for the nails of another person.
(10)
'School of cosmetology' means any establishment that receives compensation for
training more than one person in the occupation of cosmetology as defined in
paragraph (4) of this Code section. Technical colleges whose programs have been
approved by the Technical College System of Georgia or the Department of
Education are not 'schools of cosmetology' within the meaning of this chapter;
provided, however, that all such colleges and their programs shall be considered
to be
'board
approved.'
approved by
the licensing board.
(11)
'School of esthetics' means any establishment that receives compensation for
training more than one person in the occupation of esthetics as defined in
paragraph (5) of this Code section. Technical colleges whose programs have been
approved by the Technical College System of Georgia or the Department of
Education are not 'schools of esthetics' within the meaning of this chapter;
provided, however, that all such colleges and their programs shall be considered
to be
'board
approved.'
approved by
the licensing board.
(12)
Reserved.
(13)
'School of hair design' means any establishment that receives compensation for
training more than one person in the occupation of hair design as defined in
paragraph (7) of this Code section. Technical colleges whose programs have been
approved by the Technical College System of Georgia or the Department of
Education are not schools of hair design within the meaning of this chapter;
provided, however, that all such colleges and their programs shall be considered
to be
'board
approved.'
approved by
the licensing board.
(14)
'School of nail care' means any establishment that receives compensation for
training more than one person in the occupation of nail care or manicuring as
defined in paragraph (9) of this Code section. Technical colleges whose
programs have been approved by the Technical College System of Georgia or the
Department of Education are not 'schools of nail care' within the meaning of
this chapter; provided, however, that all such colleges and their programs shall
be considered to be
'board
approved.'
approved by
the licensing board.
43-10-2.
(a)
There is created the State Board of Cosmetology
as a
professional licensing policy board created pursuant to Chapter 1 of this
title. The board shall consist of nine
members who shall be residents of this state.
The board
shall have the duty of carrying out and enforcing this chapter.
(b)
Members of the board shall be at least 25 years of age and have obtained a high
school diploma, a general educational development (GED) diploma, or a
postsecondary education or college degree; and five of such members must have
had at least five years of practical experience in the practice of cosmetology
at the master level, a portion of which must have been as a beauty salon owner
or manager. One member of the board must have had at least five years of
practical experience in the practice of cosmetology at the esthetician level.
One member of the board must have had at least five years of practical
experience as a manicurist.
(c)
The board shall meet as necessary each year
for the
purpose of adopting rules and regulations and handling other matters pertaining
to duties of the board. Board members may
attend and observe all written and practical examinations held for certificates
of registration pursuant to this chapter.
(d)
No member of the board shall be affiliated with any school of cosmetology. Two
members shall not have any connection with the practice or business of
cosmetology whatsoever but shall have a recognized interest in consumer affairs
and in consumer protection concerns. No member of the board shall be affiliated
or connected in any manner with any manufacturer or wholesale or jobbing house
dealing with supplies sold to practitioners of cosmetology while in
office.
(e)
Board members shall be appointed by the Governor for a term of three years and
until their successors are appointed and qualified. Vacancies shall be filled
by the Governor for the unexpired portion of the term.
The board
may do all things necessary for carrying this chapter into effect and may, from
time to time, promulgate necessary rules and regulations compatible with this
chapter. The Governor may remove any
board member for cause as provided in Code Section 43-1-17.
(f)
Each year the members shall elect a
chairman
chairperson
from among themselves. In the event the members cannot agree as to who shall be
chairman
chairperson,
the Governor shall appoint one of such members as
chairman
chairperson.
The
chairman
chairperson
so elected or appointed shall be eligible to succeed himself or herself. The
members of the board shall be considered public officers and shall take the oath
required thereof.
(g)
The board shall adopt a seal to be used to authenticate all its official papers
and acts and shall have power to subpoena witnesses, administer oaths, and hear
and take testimony in any matter over which it may have
jurisdiction.
43-10-3.
Each
member of the board shall be reimbursed as provided for in subsection (f) of
Code Section 43-1-2.
43-10-4.
Reserved.
43-10-5.
The
division director shall keep a record of all proceedings of the board. Such
records shall be prima-facie evidence of all matters required to be kept
therein, and certified copies of the same or parts thereof shall be primary
evidence of their contents. All such copies, other documents, or certificates
lawfully issued upon the authority of the board shall, when authenticated under
the seal of the board, be admitted in any investigation in any court or
elsewhere without further proof.
Reserved.
43-10-6.
(a)
The
licensing
board is authorized to adopt reasonable rules and regulations prescribing the
sanitary requirements of beauty shops, beauty salons, schools of cosmetology,
schools of esthetics, schools of hair design, and schools of nail care, subject
to the approval of the Department of Public Health, and to cause the rules and
regulations or any subsequent revisions to be in suitable form. The
licensing
board shall make the rules and regulations available to the proprietor of each
beauty shop, beauty salon, school of cosmetology, school of esthetics, school of
hair design, or school of nail care. It shall be the duty of every proprietor
or person operating a beauty shop, salon, school of cosmetology, school of
esthetics, school of hair design, and school of nail care in this state to keep
a copy of such rules and regulations posted in a conspicuous place in his or her
business, so as to be easily read by his or her customers.
(b)
The
licensing
board is authorized to adopt reasonable rules and regulations requiring that
persons licensed under this chapter undergo instruction on Human
Immunodeficiency Virus and Acquired Immune Deficiency Syndrome.
(c)
Any inspector employed by the Secretary of State shall have the power to enter
and make reasonable examination of any beauty shop, salon, or school in the
state during business hours for the purpose of enforcing the rules and
regulations of the
licensing
board and for the purpose of ascertaining the sanitary conditions
thereof.
(d)
Any beauty shop, salon, or school in which tools, appliances, and furnishings
used therein are kept in an unclean and unsanitary condition so as to endanger
health is declared to be a public nuisance.
43-10-7.
It
shall be the duty of the
board
director
to issue
through the
division director those certificates of
registration for which provision is made in this chapter.
43-10-8.
(a)
It shall be unlawful for any person to pursue the occupation of cosmetology in
this state unless he or she has first completed the required hours for and
obtained the appropriate certificate of registration as provided in this
chapter.
(b)
It shall be unlawful for any person to hold himself or herself out as a master
cosmetologist or hair designer without having first obtained the certificate of
registration for such. Such person shall be authorized to perform all the
services mentioned in paragraph (4) of Code Section 43-10-1. Nothing in this
chapter shall prohibit any person who holds a valid master cosmetologist license
in this state on March 29, 1983, from practicing at the master cosmetologist
level as defined in paragraph (8) of Code Section 43-10-1.
(c)
Reserved.
(d)
Notwithstanding any other provisions of this chapter, any person desiring to
perform solely hair design services shall be allowed to obtain a certificate of
registration at the hair design level upon completing the required hours
therefor, which certifies that the holder thereof shall be authorized to perform
some or all of the services mentioned in paragraph (7) of Code Section
43-10-1.
(e)
Notwithstanding any other provisions of this chapter, any person desiring to
perform solely cosmetic skin care services shall be allowed to obtain a
certificate of registration at the esthetician level upon completing the
required hours therefor, which certifies that the holder thereof shall be
authorized to perform some or all of the services mentioned in paragraph (5) of
Code Section 43-10-1.
(f)(1)
Notwithstanding any other provisions of this chapter, any person desiring to
perform solely cosmetic nail care services shall be allowed to obtain a
certificate of registration at the nail technician level upon completing the
required hours therefor, which certifies that the holder thereof shall be
authorized to perform some or all of the services mentioned in paragraph (9) of
Code Section 43-10-1.
(2)
Notwithstanding any other provisions of this chapter, any person who has
actively engaged in the practice of cosmetology, hair design, esthetics, or nail
care on a military installation in Georgia for three years prior to July 1,
1985, shall be eligible to receive a certificate of registration at the
cosmetology, hair design, esthetics, or nail care level upon proper proof of
experience, application, and appropriate fee being submitted to the board on or
before September 1, 1985.
(g)
It shall also be unlawful for any person or persons to operate a beauty shop,
beauty salon, hair design salon, school of cosmetology, school of hair design,
school of esthetics, or school of nail care without first having obtained a
certificate of registration for such shop, salon, or school as provided in this
chapter. Any beauty shop, salon, or school shall register with the
division
director of
the professional licensing boards prior to
opening.
(h)
This chapter shall have uniform application throughout the state so that no
cosmetologist, hair designer, beauty shop, school of cosmetology, school of hair
design, school of esthetics, or school of nail care shall be exempt from
regulation.
43-10-9.
(a)
Any person desiring to obtain a certificate of registration to enable him or her
to engage in the occupation of cosmetology shall make application
through the
division
to
the director
to the
board and shall present proof that he or
she has obtained a high school diploma, a general educational development (GED)
diploma, or a postsecondary education or college degree. If, after review of
the application, it is determined that the applicant is at least 17 years of
age; has met the minimum educational requirements; is of good moral character;
has completed a 1,500 credit hour study course with at least nine months at a
board
approved school
approved by
the licensing board or has served as an
apprentice in a beauty shop or beauty salon for a period of at least 3,000
credit hours; has practiced or studied the occupation of cosmetology; is
possessed of the requisite skill in such occupation to perform properly all the
duties of the occupation, including his or her ability in the preparation of
tools, in performing the services mentioned in paragraph (4) of Code Section
43-10-1, and in all the duties and services incident thereto; and has passed
both a written and a practical examination approved by the
licensing
board, a certificate of registration shall be issued to him or her entitling him
or her to practice the occupation of master cosmetologist. Notwithstanding any
other provisions of this subsection, the
board
director
shall be authorized to waive any education requirements under this subsection in
cases of hardship, disability, or illness or under such other circumstances as
the
licensing
board deems appropriate with respect to any applicant who was enrolled in a
licensing
board approved school or had completed a
licensing
board approved study course as of June 30, 2000.
(b)
Should an applicant under this Code section fail to pass the written or the
practical examination, the
board
director
shall furnish the applicant a statement in writing, stating wherein the
applicant was deficient. Nothing in this chapter shall be construed to prevent
applicants from making subsequent applications to qualify under this Code
section, provided they again pay the required examination fee.
(c)
An approved applicant for examination under this Code section may be issued a
work permit authorizing said applicant to practice such occupation until the
release of the results of the written and the practical examination for which
the applicant is scheduled. If the applicant fails to appear for the
examination or fails any portion of the examination, the work permit shall be
revoked unless the applicant provides just cause to the
board
director
as to why the applicant was unable to appear for the examination.
(d)
Should an applicant have a current cosmetology license in force from another
state or country,
or
territory of the United States, or the District of Columbia, where similar
reciprocity is extended to this state and licensure requirements are
substantially equal to those in this state, and pays a fee and submits an
application, the applicant may be issued, without examination, a certificate of
registration at the appropriate level, entitling the applicant to practice the
occupation of cosmetology or the teaching of cosmetology at that level, unless
the
board
director,
in
its
his or
her discretion, sees fit to require a
written or a practical examination subject to the terms and provisions of this
chapter. Notwithstanding any other provisions of this subsection, the
board
director
shall be authorized to waive any education or experience requirements applicable
to any person who holds a current license or certificate to practice cosmetology
outside of this state and who desires to obtain a license or certificate at a
level authorized under this Code section to practice at such level in this state
in cases of hardship, disability, or illness or under such other circumstances
as the
board
director
deems appropriate.
(e)
Reserved.
(f)(1)
Any person desiring to obtain a certificate of registration to enable him or her
to engage in the occupation of hair design shall make application
through the
division
to
the director and shall present proof that
he or she has obtained a high school diploma, a general educational development
(GED) diploma, or a postsecondary education or college degree. If, after review
of the application, it is determined that the applicant is at least 17 years of
age; has met the minimum educational requirements; is of good moral character;
has completed a 1,325 credit hour study course with at least seven months at a
board
approved school
approved by
the licensing board or has served as an
apprentice in a beauty shop, beauty salon, or hair design salon for a period of
at least 2,650 credit hours; has practiced or studied the occupation of hair
design; is possessed of the requisite skill in such occupation to perform
properly all the duties of the occupation, including his or her ability in the
preparation of tools, in performing the services mentioned in paragraph (7) of
Code Section 43-10-1, and in all the duties and services incident thereto; and
has passed both a written and a practical examination approved by the
licensing
board, a certificate of registration shall be issued to him or her entitling him
or her to practice the occupation of hair design. Notwithstanding any other
provisions of this subsection, the
board
director
shall be authorized to waive any education requirements under this subsection in
cases of hardship, disability, or illness or under such other circumstances as
the
licensing
board deems appropriate with respect to any applicant who was enrolled in a
board
approved school
approved by
the licensing board or had completed a
board approved study course as of June 30, 2006.
(2)
Should an applicant under this subsection fail to pass the written or the
practical examination, the
board
director
shall furnish the applicant a statement in writing, stating in what manner the
applicant was deficient. Nothing in this chapter shall be construed to prevent
applicants from making subsequent applications to qualify under this subsection,
provided they again pay the required examination fee.
(3)
An approved applicant for examination under this subsection may be issued a work
permit authorizing said applicant to practice such occupation until the release
of the results of the written and the practical examination for which the
applicant is scheduled. If the applicant fails to appear for the examination or
fails any portion of the examination, the work permit shall be revoked unless
the applicant provides just cause to the
board
director
as to why the applicant was unable to appear for the examination.
(4)
Should an applicant have a current hair design license in force from another
state, country, territory of the United States, or the District of Columbia,
where similar reciprocity is extended to this state and licensure requirements
are substantially equal to those in this state, and have paid a fee and have
submitted an application, the applicant may be issued, without examination, a
certificate of registration at the appropriate level entitling him or her to
practice the occupation of hair design or the teaching of hair design at that
level, unless the
board
director,
in
its
his or
her discretion, sees fit to require a
written or a practical examination subject to the terms and provisions of this
chapter. Notwithstanding any other provisions of this subsection, the
board
director
shall be authorized to waive any education or experience requirements applicable
to any person who holds a current license or certificate to practice hair design
outside of this state and who desires to obtain a license or certificate at a
level authorized under this subsection to practice at such level in this state
in cases of hardship, disability, or illness or under such other circumstances
as the
board
director
deems appropriate.
(g)(1)
Any person desiring to obtain a certificate of registration at the esthetician
level under the terms of this chapter shall make application
through the
division
to
the director
to the
board and shall present proof that he or
she has obtained a high school diploma, a general educational development (GED)
diploma, or a postsecondary education or college degree. If, after review of
the application, it is determined that the applicant is at least 17 years of
age; has met the minimum educational requirements; is of good moral character;
has completed a 1,000 credit hour study course of at least nine months at a
board
approved school
approved by
the licensing board or has served as an
apprentice in a beauty shop or beauty salon for a period of at least 2,000
credit hours; has practiced or studied cosmetic skin care as defined in
paragraph (5) of Code Section 43-10-1; is possessed of the requisite skill to
perform properly these services; and has passed a written and a practical
examination approved by the
licensing
board, a certificate of registration shall be issued to the applicant entitling
the applicant to practice the occupation of cosmetology at the esthetician
level. Notwithstanding any other provisions of this subsection, the
board
director
shall be authorized to waive any education requirements under this subsection in
cases of hardship, disability, or illness or under such other circumstances as
the
licensing
board deems appropriate with respect to any applicant who was enrolled in a
licensing
board approved school or had completed a
licensing
board approved study course as of June 30, 2000.
(2)
Should an applicant have a current esthetician license in force from another
state, country, territory of the United States, or the District of Columbia,
where similar reciprocity is extended to this state and licensure requirements
are substantially equal to those in this state, and have paid a fee and have
submitted an application, the applicant may be issued, without examination, a
certificate of registration at the appropriate level entitling him or her to
practice the occupation of esthetician or the teaching of esthetics at that
level, unless the
board
director,
in
its
his or
her discretion, sees fit to require a
written or a practical examination subject to the terms and provisions of this
chapter. Notwithstanding any other provisions of this subsection, the
board
director
shall be authorized to waive any education or experience requirements applicable
to any person who holds a current license or certificate to practice esthetics
outside of this state and who desires to obtain a license or certificate at a
level authorized under this subsection to practice at such level in this state
in cases of hardship, disability, or illness or under such other circumstances
as the
board
director
deems appropriate.
(h)(1)
Any person desiring to obtain a certificate of registration at the nail
technician level under the terms of this chapter shall make application
through the
division
to
the director
to the
board and shall present proof that he or
she has obtained a high school diploma, a general educational development (GED)
diploma, or a postsecondary education or college degree. If, after review of
the application, it is determined that the applicant is at least 17 years of
age; has met the minimum educational requirements; is of good moral character;
has completed a 525 credit hour study course of at least four months at a
board
approved school
approved by
the licensing board or has served as an
apprentice in a beauty shop or beauty salon for a period of at least 1,050
credit hours; has practiced or studied nail care; is possessed of the requisite
skill to perform properly these services; and has passed both a written and a
practical examination approved by the
licensing
board, a certificate of registration shall be issued to the applicant entitling
the applicant to practice the occupation of cosmetology at the nail technician
level. Notwithstanding any other provisions of this subsection, the
board
director
shall be authorized to waive any education requirements under this subsection in
cases of hardship, disability, or illness or under such other circumstances as
the
licensing
board deems appropriate with respect to any applicant who was enrolled in a
board
approved school
approved by
the licensing board or had completed a
licensing
board approved study course as of June 30, 2000.
(2)
Should an applicant have a current nail technician license in force from another
state, country, territory of the United States, or the District of Columbia,
where similar reciprocity is extended to this state and licensure requirements
are substantially equal to those in this state, and have paid a fee and have
submitted an application, the applicant may be issued, without examination, a
certificate of registration at the appropriate level entitling him or her to
practice the occupation of nail technician or the teaching of nail care at that
level, unless the
board
director,
in
its
his or
her discretion, sees fit to require a
written or a practical examination subject to the terms and provisions of this
chapter. Notwithstanding any other provisions of this subsection, the
board
director
shall be authorized to waive any education or experience requirements applicable
to any person who holds a current license or certificate to practice nail care
outside of this state and who desires to obtain a license or certificate at a
level authorized under this subsection to practice at such level in this state
in cases of hardship, disability, or illness or under such other circumstances
as the
licensing
board deems appropriate.
(i)
Nothing in this Code section shall be construed as preventing a person from
obtaining a certificate of registration for the occupation of cosmetology at the
master level, the hair design level, the esthetician level, or the nail
technician level if such person obtains his or her credit hour study at a State
Board of Education approved school or a technical college under the jurisdiction
of the Technical College System of Georgia or the Department of Education rather
than at a
board
approved school
approved by
the licensing board.
(j)
A person licensed to practice barbering under Chapter 7 of this title shall be
eligible to take the master cosmetologist examination provided for in this Code
section if that person completes a
licensing
board approved 250 hour prescribed course in an approved cosmetology school,
submits a completed application, and pays the proper fees established by the
licensing
board.
(k)
Board members may attend and observe all written and practical examinations held
for certificates of registration pursuant to this Code section.
43-10-10.
(a)
The holder of any certificate of registration issued under Code Section 43-10-9
shall display the same in a conspicuous place in his or her shop or place of
business. Certificates of registration issued under Code Section 43-10-9 shall
be renewable biennially. The holder shall pay to the
division
director a renewal fee in such amount as shall be set by
regulation
of the
licensing
board by
regulation. Upon failure to renew such
certificate of registration, it shall stand automatically revoked. The holder
shall be disqualified from practicing the occupation of cosmetology under this
chapter until all fees to date of application for reinstatement shall be paid,
an application for reinstatement shall be submitted along with a reinstatement
fee in such amount as shall be set by the
licensing
board by regulation, and documentation shall be submitted of completion of all
required continuing education hours since the date the registration was
automatically revoked. If the
board
director
is satisfied that the applicant for reinstatement meets all the qualifications
set forth in this Code section and Code Section 43-10-9, the applicant shall be
issued a new certificate of registration.
(b)
Notwithstanding subsection (a) of this Code section, at the time of renewal of
any certificate of registration issued under Code Section 43-10-9, the holder of
such certificate shall provide proof, in a form approved by the
licensing
board, of completion of five hours of continuing education in compliance with
this Code section since the date of issuance of the latest renewal certificate.
A holder who is renewing a certificate for the first time shall not be required
to meet the continuing education requirement until the time of the second
renewal. Further, the requirement for continuing education for the holder of
any certificate of registration issued under this chapter shall become effective
on January 1, 2003, provided that the
licensing
board has adopted rules and regulations implementing this Code section pursuant
to Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'
(c)
Three hours of continuing education shall be satisfied by a health and safety
course using a curriculum developed by the Technical College System of Georgia.
Such curriculum may be revised by the Technical College System of Georgia as
necessary to incorporate new developments. The Technical College System of
Georgia shall make the curriculum available to other providers of continuing
education.
(d)
The remaining two hours of continuing education may be satisfied
by:
(1)
Attendance at an industry or trade show registered with the
board
director;
or
(2)
A course or courses of study registered with the
board
director
in one or more of the following subjects: health and safety, industry trends,
computer skills, business management, or the holder's area of
practice.
(e)
To request registration of an industry or trade show for continuing education
credit, a person or entity shall submit to the
board
director
the date and location of the industry or trade show. To request registration of
a course of study for continuing education credit, the person or entity offering
the course of study shall submit to the
board
director
an outline of the subject matter, a list of the persons teaching the course with
a summary of their qualifications, the number of hours for each course, and the
date and location where the course of study will be presented or has been
presented, if applicable. Any certificate holder may request
board
director
approval of an unregistered industry or trade show or an unregistered course of
study. A person or entity conducting an industry or trade show or a course of
study shall provide written proof of attendance at the industry or trade show or
completion of a course of study to all participants.
(f)
The
board
director
shall register and allow credit as continuing education for courses conducted
via the Internet or other electronic means or home study courses.
(g)
Courses in cosmetology, hair design, nail technology, esthetics, computers,
business, or health and safety issues offered by schools under the jurisdiction
of the Board of Regents of the University System of Georgia, the Technical
College System of Georgia, the Department of Education, or any accredited
postsecondary institution shall satisfy the continuing education requirement
without a request to the
board
director
for approval or registration.
(h)
In no event shall the testing of knowledge or skills be required as proof of the
successful completion of a continuing education course.
(i)
For the first renewal period during which the continuing education requirement
will be enforced, the
board
director
shall allow credit for continuing education hours which were board approved or
which did not require prior approval by the board received between March 31,
2000, and January 1, 2002, for master cosmetologists and between August 31,
1999, and January 1, 2002, for nail technicians and estheticians. Thereafter,
no excess hours from one renewal period shall be authorized to be credited
toward the continuing education requirement for another renewal
period.
(j)
The continuing education requirement shall not apply to certificate holders
who:
(1)
Have held a certificate for 25 or more years; or
(2)
Demonstrate a hardship based on a disability, age, illness, or such other
circumstance as the
board
director
may identify by rule and determine on a case-by-case basis.
Certificate
holders who claim an exemption from the continuing education requirement on the
basis of paragraph (2) of this subsection shall provide a sworn statement
setting out the facts supporting such exemption.
43-10-11.
All
beauty shops, salons, schools of cosmetology, schools of hair design, schools of
esthetics, and schools of nail care shall be registered with the
division
director by the owner or manager. Such registration shall be made by the filing
of an application on forms furnished by the
division
director; shall include the name and location of the beauty shop, salon, or
school, the name and address of the owner, and the names and addresses of all
instructors of the shop, salon, or school at the time of registration; and shall
be accompanied by a registration fee in such amount as shall be set by the
licensing
board by regulation. The
board
director
is authorized and directed to issue a certificate of registration to each shop,
salon, or school so registering and paying such fee,
which
and
such certificate shall be displayed in a
conspicuous place in the registered shop, salon, or school.
43-10-12.
(a)(1)
All schools of cosmetology, schools of esthetics, or schools of nail care
shall:
(A)
Cause to be registered with the
board
director,
at the time of opening, 15 bona fide students;
(B)
Have not less than one instructor for every 20 students or a fraction thereof;
and
(C)
Keep permanently displayed a sign reading 'School of Cosmetology,' 'School of
Esthetics,' or 'School of Nail Care,' as the case may be; and all such signs
shall also display the words 'Service by Students Only.' Where service is
rendered by a student, no commissions or premiums shall be paid to such student
for work done in the schools; nor shall any person be employed by the schools to
render professional service to the public.
(2)
All schools of cosmetology, schools of esthetics, and schools of nail care are
required to keep in a conspicuous place in such schools a copy of the rules and
regulations adopted by the
licensing
board.
(3)
All cosmetologists who take an apprentice pursuant to Code Section 43-10-14
shall file immediately with the
board
through the division director the name and
age of such apprentice; and the
board
director
shall cause such information to be entered on a register kept by the
division
director for that purpose.
(b)
Any person desiring to operate or conduct a school of cosmetology, school of
esthetics, or school of nail care prior to opening shall first secure from the
board
director
a permit to do so and shall keep the permit prominently displayed in the
school.
(c)
The
board
director
shall have the right to pass upon the qualifications, appointments, courses of
study, and hours of study in the school of cosmetology, school of esthetics, or
school of nail care, provided that:
(1)
All schools of cosmetology shall be required to teach the following courses:
theory, permanent and cold waving, hair coloring and bleaching, hair and scalp
treatments, hair and scalp conditioning, hair cutting and shaping, hairdressing,
shampooing, styling, comb out, charm, reception, desk work, art and laboratory,
facials, makeup and arching, skin care, nail care, state law, state rules and
regulations, and any other subjects related to cosmetology and
sanitation;
(2)
All schools of esthetics shall be required to teach the following courses:
theory, skin care, facials, makeup and arching, charm, reception, desk work, art
and laboratory, massaging the face or neck, trimming eyebrows, dyeing, waxing,
stimulating, cleansing, or beautifying, state law, state rules and regulations,
and any other subjects related to esthetics and sanitation; and
(3)
All schools of nail care shall be required to teach the following courses:
theory, trimming, filing, shaping, decorating, sculpturing and artificial nails,
nail care, charm, reception, desk work, art and laboratory, state law, state
rules and regulations, and any other subjects related to nail care and
sanitation.
(d)(1)
The
board
director
shall have the right to suspend or revoke the certificate, permit, or license of
or to reprimand any such school of cosmetology, school of esthetics, or school
of nail care, or instructor or teacher therein, for the violation of this
chapter as
provided in Code Section
43-1-3.1.
(2)
The
board
director
shall have the same power and authority as to sanitary conditions over schools
as it has over beauty shops and beauty salons.
(e)(1)
All teachers or instructors shall devote their entire time to instruction of
students. Any person desiring to teach or instruct in any school of cosmetology,
school of esthetics, or school of nail care shall first file his or her
application with the
division
director for a license, shall pay a fee in such amount as shall be set by the
licensing
board by regulation, and shall successfully pass both a written and a practical
examination to become an instructor.
(2)(A)
A person desiring to teach at the master level shall satisfy the
board
director
that he or she:
(i)
Holds a current cosmetology license at the master level and is a high school
graduate, has a general educational development (GED) diploma, or has a
postsecondary education or college degree;
(ii)
Has 750 hours of instructor training in cosmetology at a
board
approved school
approved by
the licensing board; and
(iii)
Has one year of work experience at the master level.
(B)
A person holding a current cosmetology license at the master level who is a high
school graduate, has a general educational development (GED) diploma, or has a
postsecondary education or college degree; who has completed the required
licensing
board approved hours of continuing education; and has
licensing
board approved work experience as an instructor or in education may, at the
board's
director's
discretion, be permitted to take the written and the practical examination to
become an instructor at the master level.
(3)(A)
A person desiring to teach at the esthetician level shall satisfy the
board
director
that he or she:
(i)
Holds a current cosmetology license at the esthetician or master level and is a
high school graduate, has a general educational development (GED) diploma, or
has a postsecondary education or college degree;
(ii)
Has 500 hours of
licensing
board approved instructor training in esthetics of at least nine
months;
(iii)
Has one year of work experience at the esthetician or master level;
and
(iv)
Has passed both a written and a practical examination to become an instructor in
esthetics.
(B)
A person holding a current cosmetology license at the esthetician or master
level who is a high school graduate, has a general educational development (GED)
diploma, or has a postsecondary education or college degree; who has completed
the required
licensing
board approved hours of continuing education; and has
licensing
board approved work experience as an instructor or in education may, at the
board's
director's
discretion, be permitted to take the written and the practical examination to
become an instructor at the esthetician level.
(4)(A)
A person desiring to teach at the nail technician level shall satisfy the
board
director
that he or she:
(i)
Holds a current cosmetology license at the nail technician or master level and
is a high school graduate, has a general educational development (GED) diploma,
or has a postsecondary education or college degree;
(ii)
Has 250 hours of
licensing
board approved instructor training in nail care of at least four
months;
(iii)
Has one year of work experience at the nail technician or master level;
and
(iv)
Has passed both a written and a practical examination to become an instructor in
nail care.
(B)
A person holding a current cosmetology license at the nail technician or master
level who is a high school graduate, has a general educational development (GED)
diploma, or has a postsecondary education or college degree; who has completed
the required
licensing
board approved hours of continuing education; and has
licensing
board approved work experience as an instructor or in education may, at the
board's
director's
discretion, be permitted to take the written and the practical examination to
become an instructor at the nail technician level.
(5)
Reserved.
(6)(A)
A person desiring to teach at the hair designer level shall satisfy the
board
director
that he or she:
(i)
Holds a current cosmetology license at the hair designer or master level and is
a high school graduate, has a general educational development (GED) diploma, or
has a postsecondary education or college degree;
(ii)
Has 750 hours of
licensing
board approved instructor training in hair design of at least four
months;
(iii)
Has one year of work experience at the hair designer or master level;
and
(iv)
Has passed both a written and a practical examination to become an instructor in
hair design.
(B)
A person holding a current cosmetology license at the hair designer or master
level who is a high school graduate, has a general educational development (GED)
diploma, or has a postsecondary education or college degree; who has completed
the required
licensing
board approved hours of continuing education; and has
licensing
board approved work experience as an instructor or in education may, at the
board's
director's
discretion, be permitted to take the written and the practical examinations to
become an instructor at the hair designer level.
(7)
Any teacher or instructor shall renew his or her license to teach cosmetology
biennially in odd years by remitting with his or her application a renewal fee
in such amount as shall be set by the
licensing
board by regulation; provided, however, any teacher or instructor who fails to
renew his or her certificate of registration to practice as a cosmetologist,
esthetician, or nail technician on or before the date established by the
licensing
board by regulation shall automatically have his or her license to teach or
instruct suspended. A person failing to renew his or her instructor's license
within two years after expiration shall be required to pay a reinstatement fee
after
board
review by the
licensing board.
(8)
Nothing in this Code section shall be construed as preventing a person from
obtaining a certificate of registration as teacher or instructor who is
certified by the Department of Education to teach cosmetology in the state
public schools. The certification is limited to those persons who hold a
current cosmetology license at the master level and also hold a diploma or
certificate of 1,500 credit hours from a
board
approved school
approved by
the licensing board and have completed the
three-year teachers training program required by the Department of Education.
Such persons shall also pass both a written and a practical examination
satisfactory to the
licensing
board and, upon passage thereof, shall receive a license to teach
cosmetology.
(f)
All teachers or instructors of cosmetology at all levels seeking renewal of
licenses are required to submit to the
board
director
proof of completion of 15 hours of continuing education in the cosmetology
profession approved by the
licensing
board at least half of which consists of instruction in teaching
methods.
43-10-13.
(a)
The
licensing
board shall have the right to set a course of study for all students of the
schools of cosmetology, schools of hair design, schools of esthetics, and
schools of nail care within this state.
(b)
Before a student shall be eligible to take the examination provided for in Code
Section 43-10-9, he or she shall first file with his or her application for
examination a transcript showing the number of hours and courses completed from
the school or shop attended by the student.
43-10-14.
(a)
Nothing in this chapter shall prohibit any person at least 17 years of age from
learning the occupation of cosmetology under a master cosmetologist, provided
that such cosmetologist has had at least 36 months' experience and has held a
certificate of a master cosmetologist for at least 36 months. In addition,
nothing in this chapter shall prohibit any person at least 17 years of age from
learning the occupation of cosmetology under an instructor in a school of
cosmetology who has been a cosmetologist for a period of at least one year and
has registered under this chapter. Nothing in this chapter shall prohibit any
person at least 17 years of age from learning the occupation of hair designer
under a cosmetologist holding a master cosmetologist certificate or a hair
design certificate, provided that such cosmetologist has had at least 36 months'
experience or, under an instructor in a school of cosmetology or school of hair
design who has held a certificate as a cosmetologist for a period of at least
one year, is qualified to teach said practices and has registered under this
chapter. Nothing in this chapter shall prohibit any person at least 17 years of
age from learning the occupation of esthetics under a cosmetologist holding a
master cosmetologist certificate or an esthetician certificate, provided that
such cosmetologist has had at least 36 months' experience or, under an
instructor in a school of cosmetology or school of esthetics who has held a
certificate as a cosmetologist for a period of at least one year, is qualified
to teach said practices and has registered under this chapter. Nothing in this
chapter shall prohibit any person at least 17 years of age from learning the
occupation of nail care or manicuring under a cosmetologist holding a master
cosmetologist certificate or a nail technician certificate, provided that such
cosmetologist has had at least 36 months' experience or, under an instructor in
a school of cosmetology or school of nail care who has been a licensed
cosmetologist for a period of at least one year, is qualified to teach said
practices and has registered under this chapter. Any person registered as an
apprentice under this Code section on June 30, 1997, shall be eligible to
continue such apprenticeship under the person from whom that apprentice was
learning the occupation of cosmetology, hair design, esthetics, or nail care or
manicuring at the time of registration notwithstanding that the person under
whom the apprentice was learning such occupation does not meet the 36 months'
experience otherwise required by this Code section. Every shop owner shall have
the responsibility for registering apprentices with the
division
director. The shop owner shall file a statement in writing, showing the
apprentice's name and the address of the shop. The
board
director
shall have the authority to require the shop owner to furnish to the
board
director
the number of hours completed by the apprentice. The shop owner shall remit to
the
division
director a fee in such amount as shall be set by the
licensing
board by regulation for the registration of the apprentice. The apprentice shall
receive a certificate of registration showing the capacity in which he or she is
permitted to practice cosmetology. The certificate of registration shall be
effective for a period of two years and may be renewed at the end of such period
upon the filing of an application on forms furnished by the
division
director and the payment of a renewal fee in such amount as shall be set by the
licensing
board by regulation. A certificate of registration authorizing a person to
learn the occupation of cosmetology under a cosmetologist shall not be renewed
more than one time; and, upon the expiration of the last certificate of
registration issued, such person shall not be permitted to practice in any
capacity.
(b)
Notwithstanding any other provisions of this Code section, the
board
director
shall be authorized to waive any education requirements under this Code section
in cases of hardship, disability, or illness or under such other circumstances
as the
licensing
board deems appropriate with respect to any applicant who was enrolled in a
licensing
board approved school or had completed a
licensing
board approved study course as of June 30, 2000.
43-10-15.
(a)
The
board
director,
acting upon
its
his or
her own knowledge or written or verified
complaint filed by any person, shall have the power to reprimand or power to
suspend, revoke, or cancel the certificate of registration of or refuse to
grant, renew, or restore a certificate of registration to a holder of any
certificate of registration issued pursuant to this chapter upon proof of any
one of the following grounds:
(1)
Willfully committing any false, fraudulent, or deceitful act or using any
forged, false, or fraudulent document in connection with any requirement of this
chapter or the rules and regulations of the
licensing
board;
(2)
Willfully failing at any time to comply with the requirements for a certificate
of registration under this chapter;
(3)
Practicing cosmetology under a false or assumed name;
(4)
Willfully permitting an unlicensed person to practice, learn, or teach
cosmetology;
(5)
Knowingly performing an act which in any way assists an unlicensed person to
practice, learn, or teach cosmetology; or
(6)
Violating, directly or indirectly, or assisting in the violation of this chapter
or any rule or regulation of the
licensing
board.
(b)
The
board
director
may impose a fine not to exceed $500.00 for each violation of any provision of
subsection (a) of this Code section. Such fines shall be listed in a schedule
contained in the rules and regulations of the
licensing
board. The licensee shall pay the fine within 30 days after receiving written
notification from
either
the board
or a representative of the board
director
unless the licensee requests in writing a hearing before the
licensing
board.
Such request for a hearing must be received by the board within 30 days after
receipt of the written notification from the
board
in compliance
with Code Section 43-1-3.1. Failure
either to pay the fine or request a hearing shall result in immediate suspension
of the license
pending a
hearing to determine whether revocation or
other disciplinary action
should be
imposed on the licensee
in compliance
with Code Section 43-1-3.1.
(c)
The
board
director,
for good cause shown and under such conditions as
it
he or
she may prescribe, may restore a
certificate of registration to any person, beauty shop or beauty salon, or
school or college of cosmetology whose certificate of registration has been
suspended, revoked, or canceled.
(d)
Chapter 13
of Title 50, the 'Georgia Administrative Procedure Act,' shall apply to any
proceeding under this Code section.
An action of
the director taken pursuant to this Code section shall be made in compliance
with Code Section 43-1-3.1.
43-10-16.
The
licensing
board or the
director may bring an action to enjoin any
person, firm, or corporation from engaging in the occupation of cosmetology if
such person, firm, or corporation, without being licensed or registered to do so
by the
board
director,
engages in or practices the occupation of cosmetology. The action shall be
brought in the county in which such person resides or, in the case of a firm or
corporation, where the firm or corporation maintains its principal office; and,
unless it appears that such person, firm, or corporation so engaging or
practicing cosmetology is licensed or registered, the injunction shall be
issued, and such person, firm, or corporation shall be perpetually enjoined from
engaging in such activities throughout
the
this
state. It shall not be necessary in order to obtain the equitable relief
provided in this Code section for the
licensing
board or the
director to allege and prove that there is
no adequate remedy at law. It is declared that the unlicensed activities
referred to in this Code section are a menace and a nuisance dangerous to the
public health, safety, and welfare.
43-10-17.
Notwithstanding
any other provision of this chapter, a beauty shop or salon shall be authorized
to employ persons to wash, shampoo, comb, and brush hair, and such persons shall
not be required to be registered by the
board
director.
43-10-18.
(a)
Nothing contained in this chapter nor any rule or regulation adopted in
implementation hereof shall be construed to prohibit any person from operating a
beauty shop within his or her home or residence, provided that such shop meets
and complies with all of the provisions of this chapter and the rules and
regulations promulgated by the
licensing
board.
(b)
It shall not be necessary for any person operating a beauty shop in a private
home to post a sign denoting same to be a beauty shop unless the person elects
to do so.
43-10-18.1.
A
beauty shop or salon licensed under this chapter shall be authorized to employ a
barber licensed under Chapter 7 of this title. A beauty shop or salon employing
such a barber shall not be subject to the licensure provisions of Chapter 7 of
this title.
43-10-18.2.
Notwithstanding
any other provision of this chapter, premises made available for a beauty shop
within a facility licensed as a nursing home pursuant to Article 1 of Chapter 7
of Title 31 shall not be required to be licensed or registered as a beauty shop
under this chapter, or otherwise be subject to any provisions of this chapter
except for inspections, investigations, or both, for alleged violations of this
chapter by any person licensed under this chapter, if cosmetologist services in
such premises are rendered only to residents of the nursing home.
43-10-18.3.
(a)
Notwithstanding any other provision of this chapter, cosmetology services may be
performed by a licensed cosmetologist in a client's residence, a nursing home,
or a hospital when the client for reasons of ill health, infirmity, or other
physical disability is unable to go to the licensed beauty shop or salon for
regular cosmetology services.
(b)
The
licensing
board is authorized to adopt reasonable rules and regulations prescribing
requirements and conditions for the performance of the services authorized in
subsection (a) of this Code section.
43-10-19.
(a)
If any person not lawfully entitled to a certificate of registration under this
chapter shall practice the occupation of a cosmetologist;
or
if any such person shall endeavor to learn the trade of a cosmetologist by
practicing the same under the instructions of a cosmetologist or other person,
other than as provided in this chapter;
or
if any such person shall instruct or attempt to instruct any person in such
trade;
or
if any proprietor of or person in control of or operating any beauty shop,
school of cosmetology, school of hair design, school of esthetics, or school of
nail care shall knowingly employ for the purpose of practicing such occupation
any cosmetologist not registered under this chapter;
or
if any person, beauty shop, salon, or school shall engage in any of the acts
covered in this chapter though not registered under the provisions of this
chapter;
or
if any person shall falsely or fraudulently pretend to be qualified under this
chapter to practice or learn such trade or occupation; or if any person shall
violate any provision of the chapter for which a penalty is not specifically
provided, he or she shall be guilty of a misdemeanor.
(b)
Any person who operates or manages a beauty shop, salon, or school that employs
a person who does not possess a license as provided in this chapter shall be
guilty of a misdemeanor.
43-10-20.
(a)
For the purposes of this chapter, the teachers and instructors of and courses of
instruction or training in cosmetology operated by the Department of Corrections
shall be considered to be subject to the same standards and to be part of the
cosmetology programs that are approved by the Technical College System of
Georgia or the Department of Education as provided for by paragraphs (10), (11),
(13), and (14) of Code Section 43-10-1 and paragraph (8) of subsection (e) of
Code Section 43-10-12.
(b)
The
board
director
shall be required to test an inmate who is an applicant for a certificate of
registration under this chapter who has completed successfully a cosmetology
training program operated by the Department of Corrections and who meets the
requirements stated in Code Section 43-10-9. If such inmate passes the
applicable written and practical examinations, the
board
director
may issue the appropriate certificate of registration to such inmate after
consideration of all requirements under Code Sections 43-10-9 and 43-1-19;
provided, however, that the
board
director
shall not apply the provisions of paragraph (4) of subsection (a) of Code
Section 43-1-19 to such inmate based solely upon such person's status as an
inmate and shall apply such provisions in the same manner as would otherwise be
applicable to an applicant who is not an inmate."
SECTION
1-14.
Said
title is further amended by revising Chapter 10A, relating to professional
counselors, social workers, and marriage and family therapists, as
follows:
"CHAPTER
10A
43-10A-1.
This
chapter shall be known and may be cited as the 'Professional Counselors, Social
Workers, and Marriage and Family Therapists Licensing Law.'
43-10A-2.
It
is declared to be the purpose of the General Assembly that the activities of
certain persons who utilize certain titles relating to or who practice
professional counseling, social work, and marriage and family therapy be
regulated to ensure the protection of the health, safety, and welfare of the
people of this state.
43-10A-3.
As
used in this chapter, the term:
(1)
'Advertise' means, but is not limited to, the issuing of or causing to be
distributed any card, sign, or other device or the causing or permitting any
sign or marking on or in any building or
structure,
or
in;
any newspaper, magazine, or
directory,
or on;
or radio or television.
(2)
'Allied profession' means the practice of medicine, psychiatric nursing,
psychology, or pastoral counseling.
(3)
'Board' means the Georgia Composite Board of Professional Counselors, Social
Workers, and Marriage and Family Therapists established by this
chapter, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(17)(3.1)
'The
Commission on Accreditation for Marriage and Family Therapy Education' means the
national accrediting agency for marriage and family therapy education as
recognized by the United States Department of Education.
(3.2)
'Commission on Rehabilitation Counselor Certification' means the national
certifying agency for rehabilitation counselors as recognized by the National
Commission for Certifying Agencies.
(18)(3.3)
'The
Council on Social Work Education' means the national accrediting agency for
social work education as recognized by the United States Department of Education
and the Council on Postsecondary Accreditation.
(4)
'Counseling' means those techniques used to help persons learn how to solve
problems and make decisions related to personal growth, vocation, family,
social, and other interpersonal concerns.
(5)
'Direction' means the ongoing administrative overseeing by an employer or
superior of a specialty practitioner's work. The person providing direction
shall be responsible for assuring the quality of the services rendered by that
practitioner and shall ensure that qualified supervision or intervention occurs
in situations which require expertise beyond that of the practitioner.
Direction may be provided by any person acceptable to the
standards
committee
director
for that specialty in which the practitioner is working.
(6)
'Division
director'
'Director'
means the director of
the
professional licensing
boards
division. The
division
director shall serve as secretary to the board.
(7)
'Fee' means money or anything of value, including but not limited to a salary,
offered or received as compensation in return for rendering services in any
specialty.
(7.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(8)
'Marriage and family therapy' means that specialty which evaluates and treats
emotional and mental problems and conditions, whether cognitive, affective, or
behavioral, resolves intrapersonal and interpersonal conflicts, and changes
perception, attitudes, and behavior; all within the context of marital and
family systems. Marriage and family therapy includes, without being limited to,
individual, group, couple, sexual, family, and divorce therapy. Marriage and
family therapy involves an applied understanding of the dynamics of marital and
family systems, including individual psychodynamics, the use of assessment
instruments that evaluate marital and family functioning, designing and
recommending a course of treatment, and the use of psychotherapy and
counseling.
(9)
'Practice a specialty' or 'practice' means to offer to render for a fee or to
render for a fee any service involving the application of principles, methods,
or procedures of professional counseling, social work, or marriage and family
therapy.
(10)
'Professional counseling' means that specialty which utilizes counseling
techniques based on principles, methods, and procedures of counseling that
assist people in identifying and resolving personal, social, vocational,
intrapersonal and interpersonal concerns; utilizes counseling and psychotherapy
to evaluate, treat, and recommend a course of treatment for emotional and mental
problems and conditions, whether cognitive, behavioral, or affective, provided
that the counselor shall have training and experience working with people with
mental illness, mental retardation, or substance abuse; administers and
interprets educational and vocational assessment instruments and other tests
which the professional counselor is qualified to employ by virtue of education,
training, and experience; utilizes information, community resources, and goal
setting for personal, social, or vocational development; utilizes individual and
group techniques for facilitating problem solving, decision making, and behavior
change; utilizes functional assessment and vocational planning and guidance for
persons requesting assistance in adjustment to a disability or disabling
condition; utilizes referral for persons who request counseling services;
performs service planning; and utilizes and interprets counseling
research.
(11)
'Psychotherapeutic techniques' means those specific techniques involving the
in-depth exploration and treatment of interpersonal and intrapersonal dynamics
but shall not include the performance of those activities exclusively reserved
to any other business or profession by any other chapter of this
title.
(12)
'Recognized educational institution' means any educational institution which
grants a bachelor's, master's, specialist, or doctoral degree and which is
recognized by an accrediting body acceptable to the
licensing
board.
(13)
'Social work' means that specialty which helps individuals, marriages, families,
couples, groups, or communities to enhance or restore their capacity for
functioning:
by assisting in the obtaining or improving of tangible social and health
services; by providing psychosocial evaluations, in-depth analyses and
determinations of the nature and status of emotional, cognitive, mental,
behavioral, and interpersonal problems or conditions; and by counseling and
psychotherapeutic techniques, casework, social work advocacy, psychotherapy, and
treatment in a variety of settings which include but are not limited to mental
and physical health facilities, child and family service agencies, or private
practice.
(14)
'Specialty' means social work, marriage and family therapy, or professional
counseling, or any combination thereof.
(15)
'Supervision' means the direct clinical review, for the purpose of training or
teaching, by a supervisor of a specialty practitioner's interaction with a
client. It may include, without being limited to, the review of case
presentations, audio tapes, video tapes, and direct observation in order to
promote the development of the practitioner's clinical skills.
(16)
'Supervisor' means a person who meets the requirements established by the
standards
committee for that specialty
licensing
board which is being supervised and who is
either licensed under this chapter or is a psychiatrist or a
psychologist.
43-10A-4.
(a)
There is created the Georgia Composite Board of Professional Counselors, Social
Workers, and Marriage and Family Therapists
as a
professional licensing policy board as provided in Chapter 1 of this
title. The board shall consist of ten
members who have been residents of this state for at least 12 months prior to
taking office. The ten members shall be constituted as follows:
(1)
Three members licensed in professional counseling, two of whom shall be
designated at the time of their appointment to serve an initial term ending
December 31, 1988, and one of whom shall be designated to serve an initial term
ending December 31, 1987;
(2)
Three members licensed as social workers, one of whom shall be designated at the
time of appointment to serve an initial term ending December 31, 1988, the other
two of whom shall be designated to serve an initial term ending December 31,
1987;
(3)
Three members licensed as marriage and family therapists, two of whom shall be
designated at the time of their appointment to serve an initial term ending
December 31, 1987, and one of whom shall be designated to serve an initial term
ending December 31, 1988; and
(4)
One member who shall represent the public at large and have no professional
connection with any specialty to serve an initial term ending December 31,
1988.
(b)
All members of the board shall be appointed by the Governor, subject to
confirmation by the Senate. Those members first appointed to the board under
this chapter shall serve for initial terms of office beginning September 1,
1985. Those members of the board required to be licensed and who are first
appointed to the board shall be persons who are practicing in the designated
specialty at the time of appointment and who must be licensed therein as
required within 12 months following their appointment.
(c)
After the initial terms specified in subsection (a) of this Code section,
members of the board shall take office on the first day of January immediately
following the expired term of that office and shall serve for a term of three
years and until the appointment and qualification of their respective
successors. No member shall serve on the board more than two consecutive
terms.
(d)
Members of the board may be removed by the Governor, after notice and
opportunity for hearing, for incompetence, neglect of duty, unprofessional
conduct, or conviction of any felony.
(e)
Vacancies occurring on the board, other than those caused by expiration of a
term of office, shall be filled in the same manner as the original appointment
to the position vacated for the remainder of the unexpired term and until a
successor is appointed and qualified.
(f)
Any person appointed to the board when the Senate is not in regular session may
serve on the board without Senate confirmation until the Senate acts upon that
appointment.
43-10A-5.
(a)
The members of the board shall take an oath to perform faithfully the duties of
their office. Within 30 days after taking the oath of office, the first board
appointed under this chapter shall meet for an organizational meeting on call by
the
division
director. At such meeting and at an organizational meeting in January every
odd-numbered year thereafter, the board shall elect from its members a
chairperson and vice chairperson to serve for terms of two years.
(b)
The quorum for the transaction of business of the board shall be as provided in
subsection (b) of Code Section 43-1-12.
(c)
Unless
specifically delegated to a standards committee pursuant to Code Section
43-10A-6, the
The
licensing board shall have the following
powers and duties:
(1)
To adopt, amend, and repeal such rules and regulations not inconsistent with
this chapter necessary for the proper administration and enforcement of this
chapter;
and
(2)
To conduct
hearings upon the petition of any person who is aggrieved or adversely affected
by an order or action of the director, which shall be conducted by the licensing
board in accordance with Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.'
(c.1)
The director shall have the following powers and duties:
(2)(1)
To issue, renew, and reinstate the licenses of duly qualified applicants for
licensure to practice a specialty in this state;
(3)(2)
To deny, suspend, revoke, or otherwise sanction licenses to practice a specialty
in this state;
(4)(3)
To initiate investigations for the purpose of discovering violations of this
chapter;
(5)(4)
To conduct
hearings upon charges calling
enter orders
or take other action consistent with this chapter in compliance with Code
Section 43-1-3.1, for the discipline of a
licensee or on violations of this chapter;
(6)(5)
To issue to specialists licensed under this chapter certificates
under the
seal of the board evidencing such
licensure
and signed,
either by hand or facsimile signature, by the chairperson of the board and the
division director;
and
(7)
To adopt a seal; and
(8)(6)
To do all other things necessary to administer and enforce this chapter and all
rules and regulations adopted by the
licensing
board pursuant to this chapter.
(d)
The
licensing
board shall adopt a code of ethics to govern the behavior of persons licensed
under this chapter, including but not limited to the prohibiting of practice in
those areas in which the specialty practitioner has not obtained university
level graduate training or substantially equivalent supervised
experience.
(e)
Each member of the board shall be reimbursed as provided in subsection (f) of
Code Section 43-1-2.
(f)
After a person has applied for licensure, no member of the board may supervise
or direct such applicant for a fee nor shall any member vote on any applicant
previously supervised or directed by that member.
(g)
The board shall hold at least two regular meetings each year. Additional
meetings may be held upon the call of the chairperson of the board or at the
written request of any four members of the board.
43-10A-6.
(a)
Those members of the board from the professional counseling specialty, the
social work specialty, and the marriage and family therapy specialty shall
constitute a separate standards committee for their respective specialty.
Each
standards committee by majority vote shall approve or disapprove the granting of
all licenses in that specialty, approve the examination required of applicants
for licensure in that committee's specialty and provide for the grading of that
examination, and provide for other matters relating to licensure in that
specialty.
(b)
No decision
of a standards committee shall become effective until approved by the board.
The board may initiate or otherwise act regarding any matter in which a
standards committee is authorized to act. No decision of the board regarding a
particular specialty shall become effective without the approval of at least two
of the members of the standards committee for that specialty.
(c)
Meetings of a standards committee shall be reimbursed on the same basis as board
meetings.
43-10A-7.
(a)
Except as otherwise provided in this chapter, a person who is not licensed under
this chapter shall not practice professional counseling, social work, or
marriage and family therapy, nor advertise the performance of such practice, nor
use the title 'professional counselor,' 'associate professional counselor,'
'social worker,' 'marriage and family therapist,' or 'associate marriage and
family therapist,' nor use any words, letters, titles, or figures indicating or
implying that the person is a professional counselor, associate professional
counselor, social worker, marriage and family therapist, or associate marriage
and family therapist or is licensed under this chapter.
(b)
The prohibition of subsection (a) of this Code section shall not apply to the
following persons; provided, however, that no such person shall hold himself or
herself out as being licensed to practice professional counseling, social work,
or marriage and family therapy or any combination thereof or use the words
'licensed' or 'licensure' or any other words, letters, titles, images, or
figures stating or implying that he or she is licensed to practice any such
specialty, and no organization shall present itself as authorized to license
individuals to practice any such specialty:
(1)
Persons licensed to practice medicine or psychology under Chapter 34 or 39,
respectively, of this title;
(2)
Persons engaged in the practice of a specialty as an employee of any agency or
department of the federal government or any licensed hospital or long-term care
facility, but only when engaged in that practice as an employee of such agency,
department, hospital, or facility;
(3)(A)
Persons who, prior to July 1, 2000, engaged in the practice of a specialty as an
employee of any community service board or similar entity created by general law
to provide services to persons with disabilities, as defined in Chapter 2 of
Title 37, or any agency or department of the state or any of its political
subdivisions, but only when engaged in that practice as an employee of such an
agency or department.
(B)
Persons who engage in the practice of social work as employees of any community
service board or similar entity created by general law to provide services to
persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or
department of the state or any of its political subdivisions, but only when
engaged in that practice as employees of such community service board or similar
entity, agency, or department, and persons or entities which contract to provide
social work services with any community service board or similar entity or any
agency or department of the state or any of its political subdivisions, but such
contracting persons and entities shall only be exempt under this subparagraph
when engaged in providing social work services pursuant to those contracts and
shall only be exempt until January 1, 1996.
(C)
Persons who engage in the practice of professional counseling as employees of
privately owned correctional facilities, the Department of Corrections,
Department of Community Health, Department of Public Health, Department of
Behavioral Health and Developmental Disabilities, Department of Human Services,
any county board of health, or any community service board or similar entity
created by general law to provide services to persons with disabilities, as
defined in Chapter 2 of Title 37, but only when engaged in that practice as
employees of such privately owned correctional facility, department, board, or
entity and persons or entities which contract to provide professional counseling
services with such department or county board of health, but such contracting
persons and entities shall only be exempt under this subparagraph when engaged
in providing professional counseling services pursuant to those contracts and
shall only be exempt until January 1, 1996;
(4)
Students of a recognized educational institution who are preparing to become
practitioners of a specialty, but only if the services they render as such
practitioners are under supervision and direction and their student status is
clearly designated by the title 'trainee' or 'intern';
(5)
Persons who have obtained a master's degree from a program accredited by the
Council on Social Work Education and who are practicing social work under
direction and supervision while preparing to take the master's social work
licensing examination, but only for a period of up to one year following the
granting of such degree;
(6)
Persons who have obtained one of the graduate degrees required for licensure as
a professional counselor or marriage and family therapist and who are practicing
such specialty under supervision and direction in order to obtain the experience
required for licensure;
(7)
Elementary, middle, or secondary school counselors and school social workers
certificated as such by the Department of Education, Professional Standards
Commission, or its successor agency but only when practicing within the scope of
such certification and only when designated by the title 'school counselor,'
'school social worker,' or a title designated by the school system in which they
are employed for persons practicing within such certification;
(8)
Persons registered as rehabilitation suppliers by the Georgia Board of Workers'
Compensation, including those registered as of July 1, 1992, but only when
practicing rehabilitation counseling as a rehabilitation supplier for workers'
compensation claimants and only so long as they do not use any titles other than
titles describing the certifications or licenses they are required to hold under
Code Section 34-9-200.1;
(9)
Active members of the clergy but only when the practice of their specialty is in
the course of their service as clergy;
(10)
Members of religious ministries responsible to their established ecclesiastical
authority who possess a master's degree or its equivalent in theological
studies;
(11)
Persons engaged in the practice of a specialty in accordance with Biblical
doctrine in public or nonprofit agencies or entities or in private
practice;
(12)
Persons engaged in the practice of a specialty as an employee of the Division of
Family and Children Services of the Department of Human Services but only when
engaged in such practice as an employee of that division;
(13)
Persons who have obtained a master's degree from a program accredited by the
Council on Social Work Education and who are engaged in the practice of
community organization, policy, planning, research, or administration may use
the title 'social worker' and may only engage in such practice;
(14)
Persons who have obtained a bachelor's degree in social work from a program
accredited by the Council on Social Work
Education,
who may use the title 'social worker' and
may practice social work, but they may not practice autonomously and may only
practice under direction and supervision, and, notwithstanding the definitions
in paragraphs (5) and (15) of Code Section 43-10A-3, such supervision shall be
provided by a social worker who, as a minimum, has been awarded a bachelor's or
a master's degree in social work from a program accredited by the Council on
Social Work Education and who has completed at least two years of post-degree
practice in the field of social work;
(15)
Addiction counselors who have met the certification requirements of the Georgia
Addiction
Counselors'
Counselors
Association or any other similar private association of addiction counselors
which
association
includes among its certification requirements the following:
(A)
Attainment of a high school diploma or a general educational development (GED)
equivalency diploma;
(B)
Completion of at least 4,000 hours of full-time paid experience under direction
provided by a person acceptable to the association in the practice of chemical
dependency and abuse counseling;
(C)
Completion of at least 180 hours of education in the field of addiction and
addiction counseling or treatment; and
(D)
Completion of at least 220 hours of supervision provided by a supervisor who
meets the qualifications established by the association and which teaches
chemical dependency and abuse counseling.
Services
which may be provided under this paragraph shall be limited to those practices
sanctioned by the certifying association and shall in any event be limited to
the provision of chemical dependency treatment in the following settings:
screening; intake; orientation; assessment for addiction diseases; treatment
planning; individual, family, and group addiction counseling; case management;
crisis intervention; client education; referral, reporting, and record keeping;
and consultation with other professionals in regard to client treatment and
services. Persons exempt under this paragraph shall not use any title
indicating or implying that they are licensed under this chapter;
(15.1)
Persons who are training to be addiction counselors but only when such persons
are:
(A)
Employed by an agency or facility that is licensed to provide addiction
counseling;
(B)
Supervised and directed by a supervisor who meets the qualifications established
by the Georgia Addiction
Counselor's
Counselors
Association or any other similar private association of addiction counselors
which includes among its certification requirements the criteria specified in
paragraph (15) of this subsection;
(C)
Graduated from high school or have a general educational development (GED)
equivalency diploma; and
(D)
Actively seeking certification in accordance with the requirements of paragraph
(15) of this subsection.
No
person shall qualify for the exception provided under this paragraph for a
period in excess of three years. Services which may be provided under this
paragraph shall be limited to those practices sanctioned by the certifying
association and shall in any event be limited to the provision of chemical
dependency treatment in the following settings: screening; intake; orientation;
assessment for addiction diseases; treatment planning; individual, family, and
group addiction counseling; case management; crises intervention; client
education; referral, reporting, and record keeping; and consultation with other
professionals in regard to client treatment and services. Persons exempt under
this paragraph shall not use any title indicating or implying that they are
licensed under this chapter;
(16)
Any person engaged in the practice of professional counseling as an employee or
student peer counselor of the University System of Georgia or its educational
units, the Technical College System of Georgia or its educational units, or of a
public or private college or university within this state, but only when engaged
in that practice as such an employee or student peer counselor and excepting the
use of psychotherapeutic techniques to evaluate and treat emotional and mental
illness, disorder, or dysfunction;
(17)
Persons who engage in the practice of professional counseling, excluding the use
of psychotherapy, as employees of organizations which maintain, now or in the
future, accreditation from the Commission on Accreditation of Rehabilitation
Facilities or the national Accreditation Council for Agencies Serving
the Blind
and Visually Handicapped
People with
Blindness or Visual Impairment, but only
when those persons are providing those services as employees of those
organizations pursuant to contracts between such organizations and the state or
a department, agency, county, municipality, or political subdivision of the
state;
(18)
Persons engaged in the practice of a specialty as an employee of the Department
of Labor, but only when engaged in such practice as an employee of such
department; and
(19)
Persons currently licensed to practice a specialty in another jurisdiction and
who are practicing such specialty within a defined disaster area in order to
alleviate the impact on persons affected by a disaster as defined in paragraph
(1) of Code Section 38-3-91 or a state of emergency as defined in paragraph (7)
of Code Section 38-3-3, but only when such specialty services are provided
without cost to the recipients, and only for a maximum of 30 consecutive days
following a disaster or a state of emergency.
(c)
Unless exempt under paragraph (1), (2), (4), (5), (6), (11), (13), (14), (15),
(16), or (17) of subsection (b) of this Code section, a person who is not
licensed under this chapter shall not practice a specialty for any corporation,
partnership, association, or other business entity which uses in its corporate,
partnership, association, or business name any words, letters, titles, or
figures indicating or implying that such entity or any of its employees,
officers, or agents are practicing a specialty.
(d)
Notwithstanding any other provision of law to the contrary, a person who is
exempt from licensure pursuant to paragraph (9) of subsection (b) of this Code
section may be authorized by the
board
director
to serve as a supervisor as defined in paragraph (16) of Code Section 43-10A-3
without being licensed if such person meets all the requirements to be licensed
and to serve as a supervisor in the specialty for which such person would serve
as a supervisor and has filed the necessary documentation with and been approved
by the
standards
committee of that specialty
director
as required by the rules of the
licensing
board.
(e)
Nothing in this chapter shall be construed to prohibit the licensed practice of
nursing or the performance of duties which constitute a standard procedure of
the practice of medicine by any person acting under the direct supervision of a
licensed medical doctor, provided that such supervised persons are qualified by
virtue of their education, training, or experience to perform such duties and
that such persons shall not use any titles indicating or implying that they are
licensed under this chapter.
43-10A-8.
No
person shall be eligible for licensure under this chapter unless such person
furnishes satisfactory evidence to the
board
director
of all of the following:
(1)
Having met the education, training, and experience requirements of Code Section
43-10A-11, 43-10A-12, or 43-10A-13 regarding that specialty for which a license
is sought;
(2)
Having successfully passed the examination established for that specialty under
Code Section 43-10A-9, except that persons meeting the requirements of
subparagraph (a)(2)(A) of Code Section 43-10A-13 shall not be required to pass
such examination;
(3)
Having paid any required license fee; and
(4)
Having furnished at least two personal references from supervisors, teachers, or
any combination thereof.
43-10A-9.
The
licensing
board shall provide for the conduct of examinations for licensure in each
specialty at least twice a year. Examinations may be written, oral,
experiential, or any combination thereof and shall deal with such theoretical
and applied fields as prescribed by the
licensing
board. The examinee's name shall not be disclosed to any person grading the
examination until that grading is complete.
43-10A-10.
The
board
director
may issue a license without examination to any applicant licensed in a specialty
under the laws of another jurisdiction having requirements for licensure in that
specialty which are substantially equal to the licensure requirements for that
specialty in this state.
43-10A-11.
(a)
The education, experience, and training requirements for licensure in
professional counseling are as follows:
(1)
For licensure as an associate professional counselor, a master's degree from a
recognized educational institution in a program that is primarily counseling in
content or in a program of applied psychology,
which
degree includes
including
a supervised internship or practicum as part of the degree program and
registration with the
board
director
of an acceptable contract for obtaining the post-master's experience under
direction and supervision required for licensure as a professional counselor;
and
(2)
For licensure as a professional counselor:
(A)
A doctoral degree from a recognized educational institution in a program that is
primarily counseling in content and requires at least one year of supervised
internship in a work setting acceptable to the
licensing
board;
or
(B)
A specialist degree from a recognized educational institution in a program that
is primarily counseling in content with supervised internship or practicum and
two years of post-master's directed experience under supervision in a setting
acceptable to the
licensing
board;
or
(C)(i)
A master's degree in rehabilitation counseling or in a program that is primarily
counseling in content from a recognized educational institution;
(ii)
An internship or practicum supervised either by a supervisor, as defined in
paragraph (16) of Code Section 43-10A-3, or by a Certified Rehabilitation
Counselor certified as such by the Commission on Rehabilitation Counselor
Certification;
(iii)
The Certified Rehabilitation Counselor designation from the Commission on
Rehabilitation Counselor Certification; and
(iv)
Three years of post-master's directed experience providing rehabilitation
services in a rehabilitation setting under supervision provided either by a
supervisor, as defined in paragraph (16) of Code Section 43-10A-3, or by a
Certified Rehabilitation Counselor certified as such by the Commission on
Rehabilitation Counselor Certification. Up to one year of such experience may
have been in an approved practicum or internship placement as part of the degree
program;
or
(D)
A master's degree from a recognized educational institution in a program that is
primarily counseling in content with supervised internship or practicum and four
years of post-master's directed experience under supervision in a setting
acceptable to the
licensing
board. Up to one year of such experience may have been in an approved practicum
placement as part of the degree program; or
(E)
A master's degree from a recognized educational institution in a program of
applied psychology with supervised internship or practicum and four years of
post-master's directed experience under supervision in a setting acceptable to
the
licensing
board. Up to one year of such experience may have been in an approved practicum
placement as part of the degree program. Supervision of the practicum or
internship and the post-master's directed experience shall be provided by a
supervisor, as defined in paragraph (16) of Code Section 43-10A-3, except that
such supervision may be provided all or in part by a psychologist or, before
January 1, 2004, by a person with a master's degree from a recognized
educational institution in a program of applied psychology.
(b)
For purposes of subsection (a) of this Code section, work settings acceptable to
the
licensing
board may include, but are not limited to, educational, rehabilitation, career
development, mental health, community, or industrial organizations.
(c)
Associate professional counselors may only use the title 'associate professional
counselor' and may practice professional counseling only under direction and
supervision and only for a period not to exceed five years while obtaining the
post-master's experience required for licensure as a professional
counselor.
43-10A-12.
(a)
The education, experience, and training requirements for licensure in social
work are as follows:
(1)
For licensure as a master's social worker, a master's degree in social work from
a program accredited by the Council on Social Work Education; and
(2)
For licensure as a clinical social worker:
(A)
A master's degree in social work from a program accredited by the Council on
Social Work Education; and
(B)
As defined by the
licensing
board, three years' full-time supervised experience in the practice of social
work following granting of the master's degree. Of the three years of
supervised experience, only the first two must be under direction. A doctoral
degree in a specialty, an allied profession, or child and family development may
substitute for one year of such experience. At least one year of experience
shall have occurred within two years immediately preceding application for
licensure as a clinical social worker or the applicant shall have met the
continuing education requirement established by the
licensing
board for clinical social work during the year immediately preceding
application.
(b)
Licensed master's social workers may render or offer to render to individuals,
marriages, couples, families, groups, organizations, governmental units, or the
general public service which is guided by knowledge of social resources, social
systems, and human behavior. They may provide evaluation, prevention, and
intervention services which include but are not restricted to community
organization, counseling, and supportive services such as administration,
direction, supervision of bachelor's level social workers, consultation,
research, or education. The first two years of their practice after licensure
as a master's social worker shall be under direction and supervision.
Thereafter, they may engage in private practice, except that those social
workers whose practice includes counseling or psychotherapeutic techniques may
only engage in such practice under the supervision of a duly qualified
supervisor and only for such period of time as is prescribed for qualification
to take the clinical social work licensing examination.
(c)
Licensed clinical social workers may practice all authorized services of
licensed master's social workers and
may:
provide supervision and direction; provide psychosocial evaluation through data
collection and analyses to determine the nature of an individual's mental,
cognitive, emotional, behavioral, and interpersonal problems or conditions;
provide counseling and psychotherapy to individuals, marriages, couples,
families, and groups; interpret the psychosocial dynamics of a situation and
recommend and implement a course of action to individuals, marriages, couples,
families, or groups in such settings as private practice, family service and
counseling agencies, health care facilities, and schools; and provide direct
evaluation, casework, social work advocacy, education, training, prevention, and
intervention services in situations threatened or affected by social,
intrapersonal, or interpersonal stress or health impairment.
43-10A-13.
(a)
The education, experience, and training requirements for licensure in marriage
and family therapy are as follows:
(1)
For licensure as an associate marriage and family therapist, a master's degree
in a program in marriage and family therapy or a program including a master's
degree and additional post-master's degree course work, both of which
programs
shall include three courses in marriage and family studies, three courses in
marriage and family therapy, three courses in human development, one course in
marriage and family therapy ethics, and one course in research, or from any
program accredited by the Commission on Accreditation for Marriage and Family
Therapy Education, which degree shall have been granted by a recognized
educational institution; completion of a one-year practicum in marriage and
family therapy under supervision before or after the granting of the master's
degree,
which
practicum shall include
including
500 hours of direct clinical experience in marriage and family therapy and 100
hours of supervision of such experience; and registration with the
board
director
of an acceptable contract for obtaining the post-master's experience under
direction and supervision required for licensure as a marriage and family
therapist; and
(2)
For licensure as a marriage and family therapist:
(A)
Licensure as an associate marriage and family therapist and two years of
full-time post-master's experience or its equivalent in the practice of marriage
and family therapy under direction and supervision as an associate marriage and
family therapist, which shall include a minimum of 2,000 hours of direct
clinical experience and 100 hours of supervision of such experience and which
shall be completed within a period of not less than two years and not more than
five years;
(B)
A master's degree from a program in any specialty, any allied profession,
applied child and family development, applied sociology, or from any program
accredited by the Commission on Accreditation for Marriage and Family Therapy
Education, which degree shall have been granted by a recognized educational
institution and shall include, as part of the degree program or as additional
post-master's degree course work, at least two courses in marriage and family
studies, two courses in marriage and family therapy, and, after July 1, 2000,
one course in marriage and family therapy ethics; and three years' full-time
post-master's experience or its equivalent under direction and supervision in
the practice of any specialty, which shall include a minimum of 2,500 hours of
direct clinical experience, one year of which may have been in an approved
practicum before or after the granting of the master's degree which shall
include a minimum of 500 hours of direct clinical experience, and two years of
which shall have been in the practice of marriage and family therapy which shall
include a minimum of 2,000 hours of direct clinical experience, and 200 hours of
supervision of such experience all of which shall be completed within a period
of not less than three years and not more than five years; or
(C)
A doctorate degree from a program in any specialty, any allied profession,
applied child and family development, applied sociology, or from any program
accredited by the Commission on Accreditation for Marriage and Family Therapy
education
Education,
which degree shall have been granted by a recognized educational institution and
shall include, as part of a master's or doctoral degree program or as additional
postgraduate degree course work, at least two courses in marriage and family
studies, two courses in marriage and family therapy, and, after July 1, 2000,
one course in marriage and family therapy ethics; two years' full-time
post-master's experience under direction in the practice of marriage and family
therapy which shall include a minimum of 1,500 hours of direct clinical
experience, one year of which may have been in an approved internship program
before or after the granting of the doctoral degree, which shall include a
minimum of 500 hours of direct clinical experience, and one year of which shall
have been full-time post-master's experience, which shall include a minimum of
1,000 hours of direct clinical experience; and 100 hours of supervision of such
experience in the practice of marriage and family therapy, 50 hours of which may
have been obtained while a student or intern in an accredited doctoral
program.
(b)
Persons intending to apply for licensure as a marriage and family therapist and
who have completed one of the graduate degrees required for such licensure may
register a contract with the
board
director
for obtaining the required post-master's experience under direction and
supervision.
(c)
Associate marriage and family therapists may only use the title 'associate
marriage and family therapist' and may practice marriage and family therapy only
under direction and supervision and only for a period not to exceed five years
while obtaining the post-master's experience required for licensure as a
marriage and family therapist.
43-10A-14.
Application,
examination, license, license renewal, and penalty fees shall be established by
the
licensing
board
pursuant to
Code Section 43-1-7.
43-10A-15.
Expiration,
renewal, and penalty dates for licenses issued under this chapter shall be
established
pursuant to
Code Section 43-1-4
by the
director. No person whose license has
expired shall have such license reinstated without complying with the rules and
regulations regarding reinstatement set forth by the
licensing
board.
43-10A-16.
The
licensing
board shall establish continuing education requirements for license renewal. The
number of hours of continuing education in each specialty shall not exceed the
number of hours available that year in each such specialty in
licensing
board approved courses within the state. The
board
director
may waive these continuing education requirements for not more than 12 months,
but such waiver shall only be available upon the licensee's satisfactory showing
to the
board
director
of undue hardship.
43-10A-17.
(a)
The
board
director
shall have the authority to refuse to grant a license to an applicant therefor
or to revoke the license
of a person
licensed by the board or to
or
discipline a person licensed by the
board
director,
upon a finding by
a majority
of the entire board
the
director that the licensee or applicant
has:
(1)
Failed to demonstrate the qualifications or standards for a license contained in
this chapter or rules or regulations promulgated thereunder; it shall be
incumbent upon the applicant to demonstrate to the satisfaction of the
board
director
that he or
she meets all the requirements for the
issuance of a license, and, if the
board
director
is not satisfied as to the applicant's qualifications,
it
the
director may deny a license without a
prior hearing; provided, however, that the applicant shall be allowed to appear
before the
licensing
board if he or
she so desires;
(2)
Knowingly made misleading, deceptive, untrue, or fraudulent representations in
the practice of a specialty or on any document connected therewith;
or
practiced fraud or deceit or intentionally made any false statement in obtaining
a license to practice the specialty; or made a false statement or deceptive
registration with the
board
director;
(3)
Been convicted of any felony or of any crime involving moral turpitude in the
courts of this state or any other state, territory, or country or in the courts
of the United States; as used in this paragraph and paragraph (4) of this
subsection, the term 'felony' shall include any offense which, if committed in
this state, would be deemed a felony, without regard to its designation
elsewhere; and, as used in this paragraph, the term 'conviction' shall include a
finding or verdict of guilty or a plea of guilty, regardless of whether an
appeal of the conviction has been sought;
(4)
Been arrested, charged, and sentenced for the commission of any felony, or any
crime involving moral turpitude, where:
(A)
First offender treatment without adjudication of guilt pursuant to the charge
was granted; or
(B)
An adjudication or sentence was otherwise withheld or not entered on the charge
except with respect to a plea of nolo contendere.
The
plea of nolo contendere or the order entered pursuant to the provisions of
Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or
other first offender treatment shall be conclusive evidence of arrest and
sentencing for such crime;
(5)
Had his or
her license to practice a specialty
revoked, suspended, or annulled by any lawful licensing authority other than the
licensing
board or the
director;
or
had other disciplinary action taken against him
or
her by any such lawful licensing authority
other than the
licensing
board or the
director;
or
was denied a license by any such lawful licensing authority other than the
licensing
board or the
director, pursuant to disciplinary
proceedings; or was refused the renewal of a license by any such lawful
licensing authority other than the
licensing
board or the
director, pursuant to disciplinary
proceedings;
(6)
Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious
conduct or practice harmful to the
public,
which conduct or practice
that
materially affects the fitness of the licensee or applicant to practice the
specialty or is of a nature likely to jeopardize the interest of the
public,
which;
such conduct or practice need not have
resulted in actual injury to any person or be directly related to the practice
of the specialty but shows that the licensee or applicant has committed any act
or omission which is indicative of bad moral character or
untrustworthiness;
unprofessional.
Unprofessional conduct shall also include
any departure from, or the failure to conform to, the minimal standards of
acceptable and prevailing practice of the specialty, as well as the practice of
any professional activity which the licensee or applicant is not qualified to
perform by virtue of not having acquired the requisite professional education,
training, or experience;
(7)
Knowingly performed any act which in any way aids, assists, procures, advises,
or encourages any unlicensed person or any licensee whose license has been
suspended or revoked by the
licensing
board or the
director to practice unlawfully a
specialty or to practice outside the scope of any disciplinary limitation placed
upon the licensee by the
licensing
board or the
director;
(8)
Violated a statute, law, or any rule or regulation of this state, any other
state, the
licensing
board, the United States, or any other lawful authority
(without
regard to whether the violation is criminally
punishable),
which
when
such statute, law, or rule or regulation
relates to or in part regulates the practice of the
specialty,
and
when the licensee or applicant knows or should know that such action
is
violative of
violates
such statute, law, or rule; or violated a lawful order of the
licensing
board or the
director previously entered by the
board
director
in a disciplinary
hearing
matter,
consent decree, or license reinstatement;
(9)
Been adjudged mentally incompetent by a court of competent jurisdiction within
or without this state; any such adjudication shall automatically suspend the
license of any such person and shall prevent the reissuance or renewal of any
license so suspended for
as
so
long as the adjudication of incompetence is in effect; or
(10)
Displayed an inability to practice the specialty with reasonable skill and
safety to the public or has become unable to practice the specialty with
reasonable skill and safety to the public by reason of
illness,
or
use of alcohol, drugs, narcotics, chemicals, or any other type of
material:
(A)
In enforcing this subsection, the
board
director
may, if
it
he or
she has a reasonable basis to believe that
the licensee is practicing while incapacitated in the performance of his or her
duties by reason of substance abuse or mental or physical illness, require a
licensee or applicant to submit to a mental, physical, or mental and physical
examination by an appropriate licensed practitioner designated by the
board
director.
The results of such examination shall be admissible in any hearing before the
licensing
board, notwithstanding any claim of privilege under a contrary rule of law or
statute. If a licensee fails to submit to each examination when properly
directed to do so by the
board
director,
the
board
director
may summarily suspend the license of such licensee, if the public health,
safety, and welfare imperatively require such action, and thereafter enter a
final order upon proper notice, hearing, and proof of such refusal;
and
(B)
For the purpose of this subsection, the
board
director,
if
it
he or
she has a reasonable basis to believe that
the licensee is incapacitated in the performance of his or her duties by reason
of substance abuse or mental or physical illness, may require the licensee to
produce or give the
board
director
permission to obtain any and all records relating to the alleged incapacitating
mental or physical condition of a licensee or applicant, including that
individual's personal psychiatric, psychological, and mental health records; and
such records shall be admissible in any hearing before the
licensing
board. If a licensee fails to provide such records when properly directed to do
so by the
board
director,
the
board
director
may summarily suspend the license of such licensee, if the public health,
safety, and welfare imperatively require such action, and thereafter enter a
final order upon proper notice, hearing, and proof of such refusal.
(b)
The provisions of
Chapter 13
of Title 50, the 'Georgia Administrative Procedure
Act,'
Code Section
43-1-3.1 with respect to emergency action
by a
professional licensing board
the
director and summary suspension of a
license are adopted and incorporated by reference into this Code
section.
(c)
For purposes of this Code section, the
board
director
may obtain, through subpoena
by the
division director, upon reasonable
grounds, any and all records relating to the mental or physical condition of a
licensee or applicant, and such records shall be admissible in any hearing
before the
licensing
board.
(d)
When the
board
director
finds that any person is unqualified to be granted a license or finds that any
person should be disciplined pursuant to subsection (a) of this Code section or
the laws, rules, or regulations relating to a specialty, the
board
director
may take any one or more of the following actions:
(1)
Refuse to grant or renew a license to an applicant;
(2)
Administer a public or private reprimand, but a private reprimand shall not be
disclosed to any person except the licensee;
(3)
Suspend any license for a definite period or for an indefinite period in
connection with any condition which may be attached to the restoration of said
license;
(4)
Limit or restrict any license as the
board
director
deems necessary for the protection of the public;
(5)
Revoke any license;
(6)
Condition the penalty upon, or withhold formal disposition pending, the
applicant's or licensee's submission to such care, counseling, or treatment as
the
board
director
may direct; or
(7)
Impose a fine not to exceed $500.00 for each violation of a law, rule, or
regulation relating to the specialty.
(e)
In addition to and in conjunction with the actions described in subsection (d)
of this Code section, the
board
director
may make a finding adverse to the licensee or applicant but withhold imposition
of judgment and penalty; or
it
the
director may impose the judgment and
penalty but suspend enforcement thereof and place the licensee on probation,
which
probation
may be vacated upon noncompliance with such reasonable terms as the
board
director
may impose.
(f)
Any order or
disciplinary action of the director taken pursuant to this Code section shall be
made in compliance with Code Section
43-1-3.1. Initial judicial review of a
final decision of the
licensing
board shall be had solely in the
superior
court of the county of domicile of the
board
Superior Court
of Bibb County.
(g)
In
its
his or
her discretion, the
board
director
may reinstate a license which has been revoked or issue a license which has been
denied or refused, following such procedures as the
licensing
board may prescribe by rule; and, as a condition thereof,
it
the
director may impose any disciplinary or
corrective method provided in this Code section.
(h)(1)
The
division
director is vested with the power and authority to
make, or
cause to be made through employees or agents of the
board, such investigations as he or she
or the
board may deem necessary or proper for the
enforcement of the provisions of this chapter. Any person properly conducting
an investigation on behalf of the
board
director
shall have access to and may examine any writing, document, or other material
relating to the fitness of any licensee or applicant. The
division
director or
his or her appointed representative may
issue subpoenas to compel such access upon a determination that reasonable
grounds exist for the belief that a violation of this chapter may have taken
place.
(2)
The results of all investigations initiated by the
board shall
be reported solely to the board,
director
and the records of such investigations shall be kept
for the
board by the
division
director,
with the board retaining the right to have access at any time to such
records. No part of any such records
shall be released, except to the
licensing
board, for any purpose other than a hearing before the
licensing
board, nor shall such records be subject to subpoena; provided, however, that
the
board
director
shall be authorized to release such records to another enforcement agency or
lawful licensing authority.
(3)
If a licensee is the subject of a
board
director
inquiry, all records relating to any person who receives services rendered by
that licensee in his or her capacity as licensee shall be admissible at any
hearing before
the licensing board held to determine
whether a violation of this chapter has taken place, regardless of any statutory
privilege; provided, however, that any documentary evidence relating to a person
who received those services shall be reviewed in camera and shall not be
disclosed to the public.
(4)
The
board
director
shall have the authority to exclude all persons during
its
his or
her deliberations on disciplinary
proceedings and to discuss any disciplinary matter in private with a licensee or
applicant and the legal counsel of that licensee or applicant.
(i)
A person, firm, corporation, association, authority, or other entity shall be
immune from civil and criminal liability for reporting or investigating the acts
or omissions of a licensee or applicant which violate the provisions of this
chapter or for initiating or conducting proceedings against such licensee or
applicant, if such report is made or action is taken in good faith, without
fraud or malice. Any person who testifies or who makes a recommendation to the
licensing
board or the
director in the nature of peer review, in
good faith, without fraud or malice, before the
licensing
board or the
director in any proceeding involving the
provisions of subsection (a) of this Code section shall be immune from civil and
criminal liability for so testifying.
(j)
Neither the issuance of a private reprimand nor the denial of a license by
reciprocity nor the denial of a request for reinstatement of a revoked license
nor the refusal to issue a previously denied license shall be considered to be a
contested case within the meaning of Chapter 13 of Title 50, the 'Georgia
Administrative Procedure
Act';
Act.' Such
action shall be taken in compliance with Code Section
43-1-3.1
notice and
hearing within the meaning of said chapter shall not be required, but the
applicant or licensee shall be allowed to appear before the board if he so
requests.
(k)
If any licensee or applicant after reasonable notice fails to appear at any
hearing of the
licensing
board, the
licensing
board may proceed to hear the evidence against such licensee or applicant and
take action as if such licensee or applicant had been present. A notice of
hearing, initial or recommended decision, or final decision of the
licensing
board in a disciplinary proceeding shall be served upon the licensee or
applicant
by
certified mail or statutory overnight delivery, return receipt requested, to the
last known address of record with the board. If such material is returned marked
'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or
applicant cannot, after diligent effort, be located, the division director shall
be deemed to be the agent for service for such licensee or applicant for
purposes of this Code section, and service upon the division director shall be
deemed to be service upon the licensee or
applicant
as provided in
Code Section 43-1-3.1.
(l)
The voluntary surrender of a license or the failure to renew a license by the
end of an established penalty period shall have the same effect as a revocation
of said license, subject to reinstatement in the discretion of the
board
director.
The
board
director
may restore and reissue a license to practice a specialty and, as a condition
thereof, may impose any disciplinary sanction provided by this Code
section.
(m)
This Code section shall apply equally to all licensees or applicants whether
individuals, partners, or members of any other incorporated or unincorporated
associations, limited liability companies, corporations, or other associations
of any kind whatsoever.
(n)
Regulation by the
licensing
board of a specialty shall not exempt licensees under this chapter from
regulation pursuant to any other applicable law, including but not limited to
Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act
of 1975.'
43-10A-18.
Whenever
it shall appear to the
board
director
that any person is or has been violating any provisions of this chapter or any
of the lawful rules, regulations, or orders of the
licensing
board or the
director, the
board, the
division
director,
or the appropriate district attorney may file a petition for injunction in the
proper superior court of this state against such person for the purpose of
enjoining any such violation. It shall not be necessary to allege or prove that
there is no adequate remedy at law. The right of injunction provided for in
this Code section shall be in addition to any other legal remedy available,
including but not limited to any right of criminal prosecution provided by
law.
43-10A-19.
It
shall be unlawful for a person to obtain or attempt to obtain a license under
this chapter by fraudulent representation.
43-10A-20.
Any
person violating Code Section
43-10A-7
or 43-10A-19
or Code
Section 43-10A-7 shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not
less than $100.00 nor more than $1,000.00 for each offense and, in addition, may
be imprisoned for a term not to exceed 12 months.
43-10A-21.
(a)
No corporation, partnership, association, or other business entity may use in
its corporate, partnership, association, or business name any term or title
restricted under subsection (a) of Code Section 43-10A-7 or the term
'professional counseling,' 'social work,' or 'marriage and family therapy,' or
any words, letters, titles, or figures indicating or implying that such entity
or any of its employees, officers, or agents are practicing a specialty
regulated under this chapter, unless each person practicing a specialty in that
entity, except those persons exempt under paragraph (1), (4), (5), (6), (11),
(13), or (14) of subsection (b) of Code Section 43-10A-7, is licensed under this
chapter.
(b)
Any corporation, partnership, association, or other business entity which
violates subsection (a) of this Code section shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not less than
$500.00 nor more than $1,000.00 for each offense.
43-10A-22.
Nothing
in this chapter shall be construed to authorize persons licensed under this
chapter to practice nursing, occupational therapy, physical therapy, medicine,
or psychology, as regulated under Chapters 26, 28, 33, 34, and 39, respectively,
of this title nor shall anything in this chapter be construed to limit or
regulate the practice of those licensed under
said
Chapters 26, 28, 33, 34, and 39 of this title, nor shall anything in this
chapter be construed to authorize persons licensed under this chapter to perform
psychological testing.
43-10A-23.
Nothing
in this chapter shall be construed to mandate insurance coverage or
reimbursement for specialty practitioners licensed under this
chapter."
SECTION
1-15.
Said
title is further amended in Chapter 11, relating to dentists, dental hygienists,
and dental assistants, by revising Code Section 43-11-1, relating to
definitions, as follows:
"43-11-1.
As
used in this chapter, the term:
(1)
'Accredited dental college' and 'accredited dental school' or 'accredited school
of dentistry' means a dental school, college, or university with an education
program accredited by the Commission on Dental Accreditation of the American
Dental Association or its successor agency.
(2)
'Accredited dental hygiene school' means a dental hygiene education program
accredited by the Commission on Dental Accreditation of the American Dental
Association or its successor agency.
(3)
'Advanced dental education program' means an accredited dental advanced
specialty education program or accredited dental education program accredited by
the Commission on Dental Accreditation of the American Dental Association or its
successor agency.
(4)
'Board' means the Georgia Board of Dentistry.
(5)
'Conscious sedation' means a minimally depressed level of consciousness that
retains the patient's ability to independently and continuously maintain an
airway and respond appropriately to physical stimulation or verbal command and
that is produced by a pharmacological or nonpharmacological method or
combination thereof. A patient whose only response is reflex withdrawal from
repeated painful stimuli shall not be considered to be in a state of conscious
sedation. The use of nitrous oxide is not considered conscious sedation for
purposes of this chapter.
(6)
'Dentistry' means the evaluation, diagnosis, prevention, or treatment, or any
combination thereof, whether using surgical or nonsurgical procedures, of
diseases, disorders, or conditions, or any combination thereof, of the oral
cavity, maxillofacial area, or the adjacent and associated structures, or any
combination thereof, and their impact on the human body provided by a dentist,
within the scope of his or her education, training, and experience, in
accordance with the ethics of the profession and applicable law, including, but
not limited to, the acts specified in Code Section 43-11-17.
(6.1)
'Division director' means the individual appointed by the commissioner of
community health as the director of the Georgia Board of Dentistry.
(7)
'General anesthesia' means an induced state of depressed consciousness, or an
induced state of unconsciousness, accompanied by partial or complete loss of
protective reflexes, including the inability to continually and independently
maintain an airway and respond purposefully to physical stimulation or verbal
command, and produced by a pharmacological or nonpharmacological method or
combination thereof. For purposes of this chapter, 'general anesthesia'
includes deep sedation.
(8)
'Instructor' means either a dentist or a dental hygienist whom the
state
licensing
board has granted a teacher's or instructor's license pursuant to Code Section
43-11-42.
(9)
'Licensed dental hygienist' means a dental hygienist licensed and in good
standing in this state pursuant to this chapter.
(10)
'Licensed dentist' means a dentist licensed and in good standing in this state
pursuant to this chapter.
(11)
'Training clinic' means a clinic operated as a nonprofit facility by an
accredited dental college, advanced dental education program, or accredited
dental hygiene school primarily to train students or residents of such college,
program, or school."
SECTION
1-16.
Said
title is further amended by revising Chapter 11A, relating to dieticians, as
follows:
"CHAPTER
11A
43-11A-1.
This
chapter shall be known and may be cited as the 'Dietetics Practice
Act.'
43-11A-2.
The
General Assembly acknowledges that the application of scientific knowledge
relating to nutrition is important in the treatment of disease and in the
attainment and maintenance of health; and acknowledges further that the
rendering of sound dietetic or nutrition services in hospitals, nursing homes,
school districts, health departments, private practice and consultation, and
in
other settings requires trained and competent professionals. It is declared,
therefore, to be the purpose of this chapter to protect the health, safety, and
welfare of the public by providing for the licensure and regulation of the
activities of persons engaged in dietetic practice.
43-11A-3.
As
used in this chapter, the term:
(1)
'Advertise' means, but is not limited to, the issuing of or causing to be
distributed any card, sign, or other device or the causing or permitting any
sign or marking on or in any building or structure or in any newspaper,
magazine, or directory or announcement on radio or announcement or display on
television.
(2)
'Applicant' means any person seeking a license under this chapter.
(3)
'Board' means the Georgia Board of Examiners of Licensed Dietitians established
by this
chapter, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(4)
'Dietetic practice' or 'dietetics' means the integration and application for
compensation of principles derived from the sciences of nutrition, biochemistry,
food, physiology, management, and behavioral and social sciences to achieve and
maintain client health through the provision of nutrition care services, which
shall include:
(A)
Assessing the nutritional needs of individuals and groups based upon appropriate
biochemical, anthropometric, physical, and dietary data to determine nutrient
needs and recommend appropriate intake including enteral and parenteral
nutrition;
(B)
Establishing priorities, goals, and objectives which meet nutritional needs and
are consistent with available resources;
(C)
Providing dietetic nutrition counseling by advising and assisting individuals or
groups on appropriate nutritional intake by integrating information from the
nutritional assessment with information on food and other sources of nutrients
and meal preparation consistent with cultural background and socioeconomic
status;
(D)
Developing, implementing, and managing nutrition care delivery systems;
and
(E)
Evaluating, making changes in, and maintaining standards of quality in food and
nutrition care services.
As
used in this chapter, the terms 'dietetic practice,' 'dietetics,' and 'medical
nutrition therapy' are interchangeable.
(5)
'Dietitian' means a person duly licensed under this chapter to practice
dietetics. As used in this chapter, the terms 'dietitian' and 'dietetic
counselor' are interchangeable.
(5.1)
'Director' means the director of professional licenses.
(5.2)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(6)
'Provisionally licensed dietitian' means a person provisionally licensed under
this chapter.
(7)
'Registered dietitian' means a person registered by the Commission on Dietetic
Registration of the American Dietetic Association.
43-11A-4.
(a)
There is created the Georgia Board of Examiners of Licensed Dietitians
as a
professional licensing policy board pursuant to Chapter 1 of this
title. The board shall consist of seven
members as follows:
(1)
Six members shall be dietitians with at least one member from each of the
following areas of dietetic practice: clinical dietetics; community or public
health dietetics; an educator on the faculty of a college or university
specializing in the field of dietetics; and the private practice of dietetics;
and
(2)
One member shall represent the public at large.
(b)
The Georgia Board of Examiners of Licensed Dietitians existing immediately prior
to July 1, 1994, is continued in existence and shall continue to consist of
seven members to be appointed by the Governor with the confirmation of the
Senate. Members of the board shall take office on the first day of July
immediately following the expired terms of that office and shall serve for a
term of four years and until their successors are appointed and qualified.
Those persons serving as members of the board immediately prior to July 1, 1994,
shall continue to serve out their respective terms of office and until their
respective successors are appointed and qualified. Any person appointed to the
board when the Senate is not in session may serve on the board without Senate
confirmation until the Senate acts on that appointment. No member shall serve
on the board for more than two consecutive terms. Any vacancy shall be filled
by the Governor subject to confirmation of the Senate.
(c)
All members of the board shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
(d)
All members of the board shall take the constitutional oath of
office.
43-11A-5.
(a)
Professional members of the board shall:
(1)
Be citizens of the United States and residents of this state;
(2)
Have engaged in the dietetic practice for compensation for not less than five
years; and
(3)
Be licensed under this chapter.
(b)
Consumer members of the board shall be appointed by the Governor from the public
at large, shall be citizens of the United States and residents of this state,
and shall have no connection whatsoever with dietetic practice.
(c)
The Governor may remove members of the board, after notice and opportunity for
hearing, for incompetence, neglect of duty, unprofessional conduct, conviction
of any felony, failure to meet the qualifications of this chapter, or committing
any act prohibited by this chapter.
43-11A-6.
The
board shall meet annually and shall elect from its members a chairperson, vice
chairperson, and any other officers as deemed necessary who shall hold office
according to the rules adopted by the board. In addition to its annual meeting,
the board shall hold at least two other meetings each year as provided by the
rules adopted by the board.
43-11A-7.
(a)
This
board
The
director shall have the power
to:
(1)
Enforce the provisions of this chapter, and
it
the
director shall be granted all of the
necessary duties, powers, and authority to carry out this
responsibility;
(2)
Draft, adopt, amend, repeal, and enforce such rules as it deems necessary for
the administration and enforcement of this chapter in the protection of public
health, safety, and welfare;
Reserved;
(3)
License duly qualified applicants by examination, endorsement, or
reinstatement;
(4)
Implement the disciplinary process;
(5)
Enforce qualifications for licensure;
(6)
Set
standards for competency of licensees continuing in or returning to
practice
Enter orders
or take other action consistent with this chapter, which shall be entered in
compliance with Code Section
43-1-3.1;
(7)
Issue orders when a license is surrendered
to the
board while a complaint, investigation, or
disciplinary action against such license is pending;
(8)
Adopt, revise, and enforce rules regarding the advertising by licensees
including, but not limited to, rules to prohibit false, misleading, or deceptive
practices;
Reserved;
(9)
Adopt, publish in print or electronically, and enforce a code of
ethics;
Reserved;
(10)
Establish examination and licensing fees;
Reserved;
(11)
Request and receive the assistance of state educational institutions or other
state agencies;
and
(12)
Prepare information of consumer interest describing the regulatory functions of
the
board
office of the
director and describing the procedures by
which consumer complaints are filed with and resolved by the
board
director.
The
board
director
shall make the information available to the general public and appropriate state
agencies;.
(13)
Establish continuing education requirements; and
(14)
Adopt a seal which shall be affixed only in such manner as prescribed by the
board.
(b)
The licensing board shall have the power to:
(1)
Draft, adopt, amend, repeal, and enforce such rules as it deems necessary for
the administration and enforcement of this chapter in the protection of public
health, safety, and welfare;
(2)
Set standards for competency of licensees continuing in or returning to
practice;
(3)
Adopt, revise, and enforce rules regarding the advertising by licensees
including, but not limited to, rules to prohibit false, misleading, or deceptive
practices;
(4)
Adopt, publish in print or electronically, and enforce a code of
ethics;
(5)
Establish examination and licensing fees; and
(6)
Conduct hearings upon the petition of any person who is aggrieved or adversely
affected by an order or action of the director, which shall be conducted by the
licensing board in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
43-11A-8.
The
board
director
may grant, upon application and payment of proper fees, a license without
examination to a person who, at the time of application, either:
(1)
Holds a valid license as a licensed dietitian issued by another state, political
territory, or jurisdiction acceptable to the
licensing
board if, in the
board's
director's
opinion, the requirements for that license are substantially equal to or greater
than the requirements of this chapter; or
(2)
Presents evidence satisfactory to the
board
director
that the applicant is registered as a registered dietitian by the Commission on
Dietetic Registration of the American Dietetic Association or its successor
organization.
43-11A-9.
Each
applicant for a license as a dietitian shall be at least 18 years of age, shall
have submitted a completed application upon a form and in such manner as the
licensing
board prescribes, accompanied by applicable fees, and shall be in compliance
with the following requirements:
(1)
Receipt of a baccalaureate or higher degree from a college or university
accredited by the Southern Association of Schools and Colleges or any other
regional accreditation agency with a major course of study in dietetics, human
nutrition, food and nutrition, nutrition education, or food systems
management;
(2)
Satisfactory completion of a documented, supervised experience component in
dietetic practice of not less than 900 hours supervised by a licensed dietitian
or registered dietitian as prescribed by the
licensing
board;
(3)
Successful completion of an examination as required by Code Section 43-11A-13;
and
(4)
Completion of such other requirements as may be prescribed by the
licensing
board.
43-11A-10.
A
provisional permit to practice as a provisionally licensed dietitian under the
supervision of a dietitian may be issued by the
board
director
upon the filing of an application with appropriate fees and submission of
evidence of successful completion of a substantial portion of the requirements
for licensure as provided by Code Section 43-11A-9, at the discretion of the
board
director.
The permit shall be issued for one year and may be renewed at the discretion of
the
board
director
for a length of time determined by the
licensing
board. A renewal fee may be required by the
licensing
board to maintain a provisional license.
43-11A-11.
The
licensing
board may require that all applications be made under oath.
43-11A-12.
After
evaluation of an application and other evidence submitted, the
board
director
shall notify each applicant that the application and evidence submitted are
satisfactory and accepted or unsatisfactory and rejected. If rejected, the
notice shall state the reasons for the rejection.
43-11A-13.
(a)
Examinations to determine competence shall be administered to qualified
applicants at least twice each calendar year. The examinations may be
administered by a national testing service. The
licensing
board shall prescribe or develop the examinations which may include an
examination given by the Commission on Dietetic Registration of the American
Dietetic Association or any other examination approved by two-thirds' vote of
the
licensing
board.
(b)
The
board
director
shall notify each examinee of the results of the examination.
43-11A-14.
(a)
A license issued by the
board
director
is the property of the
board
director
and must be surrendered on demand.
(b)
The licensee shall display the license certificate in an appropriate and public
manner.
(c)
The licensee shall inform the
board
director
of any change of address.
(d)
The license shall be renewed biennially if the licensee is not in violation of
this chapter at the time of application for renewal and if the applicant
fulfills current requirements of continuing education as established by the
licensing
board.
(e)
Each person licensed under this chapter is responsible for renewing his or her
license before the expiration date.
(f)
Under procedures and conditions established by the
licensing
board, a licensee may request that his or her license be declared inactive. The
licensee may apply for active status at any time and upon meeting the conditions
set by the
licensing
board shall be declared active.
43-11A-15.
(a)
The
board
director
may refuse to grant or renew a license to an applicant; administer a public or
private reprimand, but a private reprimand shall not be disclosed to any person
except the licensee; suspend any licensee for a definite period or for an
indefinite period in connection with any condition which may be attached to the
restoration of said license; limit or restrict any licensee as the
board
director
deems necessary for the protection of the public; revoke any license; condition
the penalty upon, or withhold formal disposition pending, the applicant's or
licensee's submission to such care, counseling, or treatment as the
board
director
may direct; or impose a fine not to exceed $500.00 for each violation of a law,
rule, or regulation relating to the profession regulated by this chapter upon a
finding by
a majority of the entire board that the
licensee or applicant has:
(1)
Failed to demonstrate the qualifications or standards for a license contained in
this Code section or under the laws, rules, or regulations under which licensure
is sought or held; it shall be incumbent upon the applicant to demonstrate to
the satisfaction of the
board
director
that
said
the
applicant meets all the requirements for the issuance of a license, and, if the
board
director
is not satisfied as to the applicant's qualifications,
it
the
director may deny a license without a
prior hearing; provided, however, that the applicant shall be allowed to appear
before the
licensing
board if he or she so desires;
(2)
Knowingly made misleading, deceptive, untrue, or fraudulent representations in
the practice of a business or profession licensed under this title or on any
document connected therewith; or practiced fraud or deceit or intentionally made
any false statement in obtaining a license to practice the licensed business or
profession; or made a false statement or deceptive registration with the
board
director;
(3)
Been convicted of any felony or of any crime involving moral turpitude in the
courts of this state or any other state, territory, or country or in the courts
of the United States; as used in this paragraph and paragraph (4) of this Code
section, the term 'felony' shall include any offense which, if committed in this
state, would be deemed a felony, without regard to its designation elsewhere;
and, as used in this paragraph, the term 'conviction' shall include a finding or
verdict of guilty or a plea of guilty, regardless of whether an appeal of the
conviction has been sought;
(4)
Been arrested, charged, and sentenced for the commission of any felony, or any
crime involving moral turpitude, where:
(A)
A plea of nolo contendere was entered to the charge;
(B)
First offender treatment without adjudication of guilt pursuant to the charge
was granted; or
(C)
An adjudication or sentence was otherwise withheld or not entered on the
charge.
The
plea of nolo contendere or the order entered pursuant to the provisions of
Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or
other first offender treatment shall be conclusive evidence of arrest and
sentencing for such crime;
(5)
Had his or her license to practice a business or profession licensed under this
title revoked, suspended, or annulled by any lawful licensing authority other
than the
board
director;
or
had other disciplinary action taken against him or her by any such lawful
licensing authority other than the
licensing
board or the
director;
or
was denied a license by any such lawful licensing authority other than the
licensing
board or the
director, pursuant to disciplinary
proceedings; or was refused the renewal of a license by any such lawful
licensing authority other than the
licensing
board or the
director, pursuant to disciplinary
proceedings;
(6)
Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious
conduct or practice harmful to the
public,
which conduct or practice
that
materially affects the fitness of the licensee or applicant to practice a
business or profession licensed under this
title,
or
is
of a nature likely to jeopardize the interest of the
public,
which;
such conduct or practice need not have
resulted in actual injury to any person or be directly related to the practice
of the licensed business or profession but shows that the licensee or applicant
has committed any act or omission which is indicative of bad moral character or
untrustworthiness;
unprofessional.
Unprofessional conduct shall also include
any departure from, or the failure to conform to, the minimal standards of
acceptable and prevailing practice of the business or profession licensed under
this title;
(7)
Knowingly performed any act which in any way aids, assists, procures, advises,
or encourages any unlicensed person or any licensee whose license has been
suspended or revoked by a professional licensing board to practice a business or
profession licensed under this title or to practice outside the scope of any
disciplinary limitation placed upon the licensee by the
licensing
board or the
director;
(8)
Violated a statute, law, or any rule or regulation of this state, any other
state, the professional licensing board regulating the business or profession
licensed under this title, the United States, or any other lawful authority,
without regard to whether the violation is criminally punishable,
which
when
such statute, law, or rule or regulation
relates to or in part regulates the practice of a business or profession
licensed under this
title,
and
when the licensee or applicant knows or should know that such action
is
violative of
violates
such statute, law, or rule or regulation; or violated a lawful order of the
licensing
board or the
director previously entered by the
licensing
board or the
director in a disciplinary hearing,
consent decree, or license reinstatement;
(9)
Been adjudged mentally incompetent by a court of competent jurisdiction within
or outside of this state; any such adjudication shall automatically suspend the
license of any such person and shall prevent the reissuance or renewal of any
license so suspended for
as
so
long as the adjudication of incompetence is in effect; or
(10)
Displayed an inability to practice a business or profession licensed under this
title with reasonable skill and safety to the public or has become unable to
practice the licensed business or profession with reasonable skill and safety to
the public by reason of
illness,
or
the use of alcohol, drugs, narcotics,
chemicals, or any other type of material.
(b)
An order of the director entered pursuant to this Code section shall be made in
compliance with Code Section 43-1-3.1.
43-11A-16.
(a)
Only a person licensed or otherwise authorized to practice under this chapter
shall be engaged in dietetic practice or use the title 'dietitian' or use the
letters 'LD' or any facsimile thereof or represent himself or herself to the
public as a dietitian.
(b)
Notwithstanding any other provisions of this Code section, a person duly
registered as a registered dietitian shall have the right to use the title
'registered dietitian,' the designation 'RD,' or any facsimile
thereof.
(c)
Any person violating the provisions of subsection (a) of this Code section shall
be guilty of a misdemeanor.
43-11A-17.
Proceedings
under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
Any order or
other action of the director made under this chapter shall be made in compliance
with Code Section 43-1-3.1.
43-11A-18.
Nothing
in this chapter shall be construed to affect or prevent:
(1)
A student enrolled in an approved academic program in dietetics from engaging in
the practice of dietetics under the supervision of a dietitian; or a dietetic
technician, certified dietary manager, or dietetic aide in a health care
facility from providing nutrition services under the supervision of or in
consultation with a dietitian;
(2)
A dietitian who is serving in the armed forces of the United States or any other
federal agency from engaging in the practice of dietetics, provided that such
practice is related to service or employment;
(3)
Persons licensed to practice the professions of dentistry, medicine, osteopathy,
chiropractic, nursing, or pharmacy from engaging in the practice of dietetics
when incidental to the practice of their profession, except that such persons
may not use the title 'dietitian';
(4)
A nonresident registered dietitian from practicing dietetics in this state for
five days without a license or up to 30 days per year with licensure from
another state if the requirements for licensure are substantially equal to the
requirements contained in this chapter;
(5)
Employees of a department, agency, or division of state, county, or local
government from engaging in the practice of dietetics within the discharge of
official duties when such practice is directed by or in consultation with a
dietitian licensed under this chapter;
(6)
Persons who were engaged in dietetic practice prior to July 1, 1994, but the
prohibition of Code Section 43-11A-16 shall apply to such persons on and after
July 1, 1995;
(7)
Persons who provide weight control services, provided the weight control program
has been reviewed by, consultation is available from, and no program change can
be initiated without the prior approval of either a dietitian licensed under
this chapter, a dietitian licensed in another state which has licensure
requirements which are substantially equal to the requirements contained in this
chapter, or a registered dietitian;
(8)
Persons from marketing or distributing food, disseminating information on food,
food materials, dietary or food supplements, or minerals or herbs, including but
not limited to operators and employees of health food stores or other licensed
businesses which sell such products, provided that such persons shall not engage
in the oral or written explanation of the historical use, benefit, or
preparation of such products which is intentionally deceptive or fraudulent, and
such persons shall not furnish specific nutrition information related to such
products which is deceptive or fraudulent. Persons included in this paragraph
shall not use the title 'dietitian' and shall not designate themselves by any
other term or title which implies that such persons are licensed under this
chapter;
(9)
The practice of the tenets of any religion, sect, or denomination whatsoever,
provided that a member of such religion, sect, or denomination shall not use the
title 'dietitian' and shall not designate himself or herself by any other term
or title which implies that such member is engaged in dietetic practice;
or
(10)
Persons with a master's or doctorate degree from any regionally accredited
college or university with a major course of study in human nutrition, food and
nutrition, dietetics, food systems management, or nutrition education, or
persons with a doctorate degree from a regionally accredited college or
university with a major course of study in nutritional biochemistry, provided
that such persons shall not use the title 'dietitian.'
43-11A-19.
A
person who does not meet the requirements for licensure under this chapter but
who has been employed as a nutritionist under the state or a county merit system
for at least five years prior to July 1, 1993, and who makes application for
licensure as a dietitian prior to July 1, 1995, may be granted a license as a
dietitian if he or she pays the required fee and complies with the continuing
education requirements established by the
licensing
board."
SECTION
1-17.
Said
title is further amended by revising Chapter 14, relating to electrical
contractors, plumbers, conditioned air contractors, low-voltage contractors, and
utility contractors, as follows:
"CHAPTER
14
43-14-1.
This
chapter is enacted for the purpose of safeguarding homeowners, other property
owners, tenants, and the general public against faulty, inadequate, inefficient,
or unsafe electrical, plumbing, low-voltage wiring, utility contracting, or
conditioned air installations. The practice of electrical contracting, plumbing
contracting, installing, or repairing, low-voltage contracting, utility
contracting, and conditioned air contracting are declared to be businesses or
professions affecting the public interest; and this chapter shall be liberally
construed so as to accomplish the purposes stated in this Code
section.
43-14-2.
As
used in this chapter, the term:
(.1)
'Alarm system' means any device or combination of devices used to detect a
situation, causing an alarm in the event of a burglary, fire, robbery, medical
emergency, or equipment failure, or on the occurrence of any other predetermined
event.
(1)
'Board' means the State Construction Industry Licensing
Board, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(2)
'Certificate of competency' means a valid and current certificate issued
by the
Division of Electrical Contractors created in Code Section 43-14-3, which
certificate shall give
as provided in
this chapter that gives the named
electrical contractor to which it is issued authority to engage in electrical
contracting of the kind described therein. Certificates of competency shall be
of two kinds, Class I and Class II, according to the classification of license
held by the electrical contractor.
(3)
'Conditioned air contracting' means the installation, repair, or service of
conditioned air systems or conditioned air equipment. Service to or
installation of the electrical connection between the electrical disconnect and
conditioned air equipment is considered to be installation, repair, or service
of conditioned air equipment or the conditioned air system. Service to or
installation of the electrical circuit from the electrical distribution panel to
the conditioned air equipment where the electrical service to the building or
site is a single-phase electrical circuit not exceeding 200 amperes is
considered to be installation, repair, or service of conditioned air equipment
or the conditioned air system.
(4)
'Conditioned air contractor' means an individual who is engaged in conditioned
air contracting under express or implied contract or who bids for, offers to
perform, purports to have the capacity to perform, or does perform conditioned
air contracting services under express or implied contract. The term
'conditioned air contractor' shall not include a person who is an employee of a
conditioned air contractor and who receives only a salary or hourly wage for
performing conditioned air contracting work.
(5)
'Conditioned air equipment' means heating and air-conditioning equipment covered
under state codes and the natural gas piping system on the outlet side of the
gas meter.
(6)
'Electrical contracting' means the installation, maintenance, alteration, or
repair of any electrical equipment, apparatus, control system, or electrical
wiring device which is attached to or incorporated into any building or
structure in this state but shall not include low-voltage
contracting.
(6.1)
'Director' means the director of professional licensing.
(7)
'Electrical contractor' means any person who engages in the business of
electrical contracting under express or implied contract or who bids for, offers
to perform, purports to have the capacity to perform, or does perform electrical
contracting services under express or implied contract. The term 'electrical
contractor' shall not include a person who is an employee of an electrical
contractor and who receives only a salary or hourly wage for performing
electrical contracting work.
(8)
'Executive director' means the executive director of the State Construction
Industry Licensing Board.
(8.1)
'General system' means any electrical system, other than an alarm or
telecommunication system, involving low-voltage wiring.
(9)
'Journeyman plumber' means any person other than a master plumber who has
practical knowledge of the installation of plumbing and installs plumbing under
the direction of a master plumber.
(10)
'License' means a valid and current certificate of registration issued
by a
division of the board which certificate shall
give
as provided in
this chapter that gives the named person
to whom it is issued authority to engage in the activity prescribed
thereon.
(10.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(10.2)
'Low-voltage contracting' means the installation, alteration, service, or repair
of a telecommunication system, alarm system, or general system involving
low-voltage wiring.
(10.2)(10.3)
'Low-voltage contractor' means an individual who is engaged in low-voltage
contracting under express or implied contract or who bids for, offers to
perform, purports to have the capacity to perform, or does perform low-voltage
contracting services under express or implied contract. An employee of a
low-voltage contractor who receives only a salary or hourly wage for performing
low-voltage contracting work shall not be required to be licensed under this
chapter, except that those employees upon whom the qualification of a
partnership, limited liability company, or corporation rests as outlined in
subsection
(b)(a)
of Code Section 43-14-8.1 shall be licensed.
(10.3)(10.4)
'Low-voltage wiring' means:
(A)
Wiring systems of 50 volts or less and control circuits directly associated
therewith;
(B)
Wiring systems having a voltage in excess of 50 volts, provided such systems
consist solely of power limited circuits meeting the definition of a Class II
and Class III wiring system as defined in Article 725 of the National Electrical
Code; or
(C)
Line voltage wiring having a voltage not in excess of 300 volts to ground and
installed from the load-side terminals of a suitable disconnecting means which
has been installed for the specific purpose of supplying the low-voltage wiring
system involved or installed from a suitable junction box which has been
installed for such specific purpose.
(11)
'Master plumber' means any individual engaging in the business of plumbing under
express or implied contract or who bids for, offers to perform, purports to have
the capacity to perform, or does perform plumbing contracting services under
express or implied contract.
(12)
'Plumbing' means the practice of installing, maintaining, altering, or repairing
piping fixtures, appliances, and appurtenances in connection with sanitary
drainage or storm drainage facilities, venting systems, medical gas piping
systems, natural gas piping systems on the outlet side of gas meters, or public
or private water supply systems within or adjacent to any building, structure,
or conveyance; provided, however, that after July 1, 1997, only master plumbers
and journeyman plumbers who have been certified by the Division of Master
Plumbers and Journeyman Plumbers to perform such tasks shall be authorized to
install, maintain, alter, or repair medical gas piping
systems; and
provided, further, that after July 1, 2012, only master plumbers and journeyman
plumbers who have been certified by the director to perform such tasks shall be
authorized to install, maintain, alter, or repair medical gas piping
systems. The term 'plumbing' also
includes the practice of and materials used in installing, maintaining,
extending, or altering the natural gas, storm-water, sewerage, and water supply
systems of any premises to their connection with any point of public disposal or
other acceptable terminal; provided, however, that licensure under this chapter
shall not be required for a contractor certified by the Department of Public
Health to make the connection to any on-site waste-water management system from
the stub out exiting the structure to an on-site waste-water management system.
Notwithstanding any other provision of this chapter, any person who holds a
valid master plumbing license or any company which holds a valid utility
contractor license shall be qualified to construct, alter, or repair any
plumbing system which extends from the property line up to but not within five
feet of any building, structure, or conveyance, regardless of the cost or depth
of any such plumbing system.
(12.1)
'Telecommunication system' means a switching system and associated apparatus
which performs the basic function of two-way voice or data service, or both, and
which can be a commonly controlled system capable of being administered both
locally and remotely via secured access.
(13)
'Utility contracting' means undertaking to construct, erect, alter, or repair or
have constructed, erected, altered, or repaired any utility system.
(14)
'Utility contractor' means a sole proprietorship, partnership, or corporation
which is engaged in utility contracting under express or implied contract or
which bids for, offers to perform, purports to have the capacity to perform, or
does perform utility contracting under express or implied contract.
(15)
'Utility foreman' means any individual who is employed by a licensed contractor
to supervise the construction, erection, alteration, or repair of utility
systems.
(16)
'Utility manager' means any individual who is employed by a utility contractor
to have oversight and charge of the construction, erection, alteration, or
repair of utility systems.
(17)
'Utility system' means:
(A)
Any system at least five feet underground, when installed or accessed by
trenching, open cut, cut and cover, or other similar construction methods which
install or access the system from the ground surface, including, but not limited
to, gas distribution systems, electrical distribution systems, communication
systems, water supply systems, and sanitary sewerage and drainage systems;
and
(B)
Reservoirs and filtration plants, water and waste-water treatment plants,
leachate collection and treatment systems associated with landfills, and pump
stations, when the system distributes or collects a service, product, or
commodity for which a fee or price is paid for said service, product, or
commodity or for the disposal of said service, product, or
commodity.
43-14-3.
(a)
There is created within the executive branch of state government the State
Construction Industry Licensing Board
as a
professional licensing policy board. The
board shall be assigned to the Secretary of State's office for administrative
purposes and shall be under the jurisdiction of the
division
director.
(b)
The board shall be composed of 27 members as follows:
(1)
Five members known as the Division of Electrical Contractors, one of whom shall
be a consulting engineer engaged in electrical practice, another of whom shall
be the chief electrical inspector of a county or municipality and shall have
served in such office for five years immediately preceding appointment to the
board, and the remaining three of whom shall be engaged in the electrical
contracting business;
(2)
Five members known as the Division of Master Plumbers and Journeyman Plumbers,
one of whom shall be a full-time plumbing inspector of a county or municipality,
three of whom shall be master or contracting plumbers, and one of whom shall be
a journeyman plumber;
(3)
Five members known as the Division of Conditioned Air Contractors, one of whom
shall be a licensed professional engineer engaged in mechanical practice, one of
whom shall be the chief conditioned air inspector of a county or municipality,
and three of whom shall be conditioned air contractors with more than five years
of installation and service experience in the trade;
(4)
Five members known as the Division of Low-voltage Contractors, one of whom shall
be an alarm system low-voltage contractor, one of whom shall be an unrestricted
low-voltage contractor, one of whom shall be a telecommunication system
low-voltage contractor, one of whom shall be a professional electrical engineer,
and one of whom shall be the chief electrical inspector of a county or
municipality;
(5)
Five members known as the Division of Utility Contractors, three of whom shall
be utility contractors, one of whom shall be a registered professional engineer,
and one of whom shall be an insurance company representative engaged primarily
in the bonding of construction projects; and
(6)
Two members who shall not have any connection with the electrical contracting,
plumbing, or conditioned air contracting businesses whatsoever but who shall
have a recognized interest in consumer affairs and consumer protection
concerns.
(c)
All members shall be appointed by the Governor, subject to confirmation by the
Senate, for four-year terms.
(d)
A member shall serve until a successor has been duly appointed and
qualified.
(e)
The Governor shall make appointments to fill the unexpired portions of any terms
vacated for any reason. In making such appointments, the Governor shall
preserve the composition of the board as required by this chapter. Members
shall be eligible for reappointment.
(f)
Any
appointive
appointed
member who, during his or her term, shall cease to meet the qualifications for
original appointment shall thereby forfeit membership on the board.
(g)
Each member of the board shall take an oath of office before the Governor to
faithfully perform the duties of such office.
(h)
The Governor may remove any member for failure to attend meetings, neglect of
duty, incompetence, revocation or suspension of professional trade license, or
other dishonorable conduct.
(i)
Members of the board shall be reimbursed as provided for in subsection (f) of
Code Section 43-1-2.
43-14-4.
(a)
The office of chairperson shall be rotated among the five divisions enumerated
in Code Section 43-14-3 unless the board, through its rules and regulations,
provides otherwise. Any vacancy in the office of chairperson shall be filled by
the members for the unexpired term. The person selected to fill the vacancy
shall be a member of the same division as the previous chairperson.
(b)
The board shall meet at the call of the chairperson or upon the recommendation
of a majority of its members.
(c)
Each division within the board shall also elect from its membership a
chairperson who shall serve for a term of two years. Any vacancy in the office
of chairperson shall be filled by one of the members for the unexpired
term.
(d)
Any member elected chairperson of a division may serve more than one consecutive
term of office.
(e)
Each division shall carry out its powers and duties provided for in this chapter
with the assistance of the executive director and staff of the
board.
(f)
The divisions shall meet at the call of the chairperson.
(g)
Three members of each division shall constitute a quorum for the transaction of
business of such division.
43-14-5.
(a)
The
licensing
board shall have the power to:
(1)
Request from the various state departments and other agencies and authorities of
the state and its political subdivisions and their agencies and authorities such
available information as it may require in its work; and all such agencies and
authorities shall furnish such requested available information to the board
within a reasonable time;
(1)
Promulgate and adopt rules and regulations necessary to carry out this
chapter.
(2)
Provide by regulation for reciprocity with other states in the registration and
licensing of electrical contractors, master plumbers, journeyman plumbers,
low-voltage contractors, utility contractors, or conditioned air contractors and
in the certification of utility contracting foremen, provided that such other
states have requirements substantially equal to the requirements in force in
this state for registration, licensure, and certification; provided, further,
that a similar privilege is offered to residents of this state;
(3)
Adopt an official seal for its use and change it at pleasure;
(4)(3)
Establish the policies for regulating the businesses of electrical contracting,
plumbing, low-voltage, utility, and conditioned air contracting;
(4)
Determine qualifications for licensure or certification including such
experience requirements as the licenisng board deems necessary;
(5)
Conduct hearings upon the petition of any person who is aggrieved or adversely
affected by an order or action of the director, which shall be conducted by the
licensing board in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act'; and
(4.1)(6)
Upon notice
and hearing authorized and conducted in accordance with Code Section 43-14-10
and any rules and regulations promulgated by the board, either by the board
directly or through a valid delegation of the board's enforcement power to a
division thereof, assess
Assess
civil penalties in an amount up to $10,000.00 per violation against any person
found to be in violation of any requirement of this
chapter;.
(5)
Determine qualifications for licensure or certification including such
experience requirements as the board deems necessary; and
(6)
Promulgate and adopt rules and regulations necessary to carry out this
chapter.
(b)
The director shall have the power to:
(1)
Request from the various state departments and other agencies and authorities of
the state and its political subdivisions and their agencies and authorities such
available information as the director may require in his or her work; and all
such agencies and authorities shall furnish such requested available information
to the director within a reasonable time;
(2)
Assess civil penalties in an amount up to $10,000.00 per violation against any
person found to be in violation of any requirement of this chapter;
and
(3)
Enter orders or take other action consistent with this chapter, which shall be
entered in compliance with Code Section 43-1-3.
43-14-6.
(a)
The
Division of
Electrical Contractors
director,
with respect to applicants for a license to engage in or licensees engaging in
the business of electrical contracting;
the
Division of Master Plumbers and Journeyman Plumbers, with respect
to applicants for a license to engage in
or licensees engaging in the business of plumbing as master plumbers or
journeyman plumbers;
the
Division of Low-voltage Contractors, with respect
to applicants for a license to engage in
or licensees engaging in the business of low-voltage contracting;
the
Division of Utility Contractors with respect
to applicants for a license to engage in
or licensees engaging in the business of utility contracting and
with
respect to applicants for a certificate to
be a utility manager or utility foreman or holders of a utility manager or
utility foreman certificate; and
the
Division of Conditioned Air Contractors, with respect
to applicants for a license to engage in
or licensees engaging in the business of conditioned air contracting,
shall:
(1)
Administer
licensing board approved
Approve
examinations for all applicants for licenses or certificates, except for utility
contractor licenses and utility foreman
certificates.;
The
Division of Electrical Contractors shall approve separate examinations for Class
I and Class II licenses. Class I licenses shall be restricted to electrical
contracting involving multifamily structures of not more than two levels or
single-family dwellings of up to three levels. In addition, the structures
shall have single-phase electrical installations which do not exceed 400 amperes
at the service drop or the service lateral. Class II licenses shall be
unrestricted. The Division of Master Plumbers and Journeyman Plumbers shall
approve separate examinations for Master Plumber Class I, Master Plumber Class
II, and Journeyman Plumbers. Master Plumber Class I licenses shall be
restricted to plumbing involving single-family dwellings and one-level dwellings
designed for not more than two families and commercial structures not to exceed
10,000 square feet in area. Master Plumber Class II licenses shall be
unrestricted. The Division of Conditioned Air Contractors shall approve
separate examinations for Class I and Class II licenses. Class I licenses shall
be restricted to the installation, repair, or service of conditioned air systems
or equipment not exceeding 175,000 BTU (net) of heating and five tons (60,000
BTU) of cooling. Class II licenses shall be unrestricted. The Division of
Low-voltage Contractors shall approve separate examinations for Low-voltage
Contractor Class LV-A, Low-voltage Contractor Class LV-T, Low-voltage Contractor
Class LV-U, and Low-voltage Contractor Class LV-G. Class LV-A licenses shall be
restricted to alarm and general system low-voltage contracting, Class LV-T
licenses shall be restricted to telecommunication and general system low-voltage
contracting, Class LV-G licenses shall be restricted to general system
low-voltage contracting, and Class LV-U licenses shall be unrestricted and
permit the performance of alarm, telecommunication, and general system
low-voltage contracting;
(2)
Register and license or grant a certificate and issue renewal licenses and
renewal certificates biennially to all persons meeting the qualifications for a
license or certificate. The following licenses or certificates shall be issued
by the
divisions
director:
(A)
Electrical Contractor Class I;
(B)
Electrical Contractor Class II;
(C)
Master Plumber Class I;
(D)
Master Plumber Class II;
(E)
Journeyman Plumber;
(F)
Conditioned Air Contractor Class I;
(G)
Conditioned Air Contractor Class II;
(H)
Low-voltage Contractor Class LV-A;
(I)
Low-voltage Contractor Class LV-T;
(J)
Low-voltage Contractor Class LV-G;
(K)
Low-voltage Contractor Class LV-U;
(L)
Utility Contractor; Class A;
(M)
Utility Contractor; Class B;
(N)
Utility Contractor; Class U;
(O)
Utility Manager (certificate); and
(P)
Utility Foreman (certificate);
(3)
Investigate,
with the aid of the division director,
alleged violations of this chapter or other laws and rules and regulations of
the
licensing
board relating to the profession;
(4)
After
notice and hearing, have the power to
reprimand
Reprimand
any person, licensee, or certificate holder, or to suspend, revoke, or cancel
the license or certificate of or refuse to grant, renew, or restore a license or
certificate to any person, licensee, or certificate holder
in compliance
with Code Section 43-1-3.1 upon any one of
the following grounds:
(A)
The commission of any false, fraudulent, or deceitful act or the use of any
forged, false, or fraudulent document in connection with the license or
certificate requirements of this chapter or the rules and regulations of the
licensing
board;
(B)
Failure at any time to comply with the requirements for a license or certificate
under this chapter or the rules and regulations of the
licensing
board;
(C)
Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants
to such an extent as to render the license or certificate holder unsafe or unfit
to practice any profession licensed or certified under this
chapter;
(D)
Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or
harm the public;
(E)
Knowingly performing any act which in any way assists an unlicensed or
noncertified person to practice such profession;
(F)
Violating, directly or indirectly, or assisting in or abetting any violation of
any provision of this chapter or any rule or regulation of the
licensing
board;
(G)
The performance of any faulty, inadequate, inefficient, or unsafe electrical,
plumbing, low-voltage contracting, utility contracting, or conditioned air work
likely to endanger life, health, or property. The performance of any work that
does not comply with the standards set by state codes or by local codes in
jurisdictions where such codes are adopted, provided that such local codes are
as stringent as the state codes, or by other codes or regulations which have
been adopted by the
licensing
board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or
unsafe character of such electrical, plumbing, low-voltage contracting, utility
contracting, or conditioned air work; provided, however, that the
board
director,
in
its
his or
her sole discretion, for good cause shown
and under such conditions as it may prescribe, may restore a license to any
person whose license has been suspended or revoked;
(H)
With respect to utility contractors, the bidding by such a utility contractor in
excess of license coverage; or
(I)
With respect to utility contractors, violations of Chapter 9 of Title
25;
(5)
Review amendments to or revisions in the state minimum standard codes as
prepared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the
Department of Community Affairs shall be required to provide to the
division
director a copy of any amendment to or revision in the state minimum standard
codes at least 45 days prior to the adoption thereof;
and
(6)
Do all other things necessary and proper to exercise their powers and perform
their
the
director's duties in accordance with this
chapter.;
and
(7)
Any order or disciplinary action of the director entered as a result of a
violation of this Code section shall be made in compliance with Code Section
43-1-3.1.
(b)
The
Division of
Electrical Contractors
licensing
board may also provide, by rules and
regulations, for the issuance of certificates of competency pertaining to
financial responsibility and financial
disclosure;
provided, however, that such rules and regulations are adopted by the
board. The
division
director
shall issue certificates of competency and renewal certificates to persons
meeting the qualifications therefor.
(b.1)
The licensing board shall:
(1)
Approve separate examinations for Class I and Class II electrical contractor
licenses. Class I licenses shall be restricted to electrical contracting
involving multifamily structures of not more than two levels or single-family
dwellings of up to three levels. In addition, the structures shall have
single-phase electrical installations which do not exceed 400 amperes at the
service drop or the service lateral. Class II licenses shall be
unrestricted;
(2)
Approve separate examinations for Master Plumber Class I, Master Plumber Class
II, and Journeyman Plumbers. Master Plumber Class I licenses shall be
restricted to plumbing involving single-family dwellings and one-level dwellings
designed for not more than two families and commercial structures not to exceed
10,000 square feet in area. Master Plumber Class II licenses shall be
unrestricted;
(3)
Approve separate examinations for Class I and Class II conditioned air
contractor licenses. Class I licenses shall be restricted to the installation,
repair, or service of conditioned air systems or equipment not exceeding 175,000
BTU (net) of heating and five tons (60,000 BTU) of cooling. Class II licenses
shall be unrestricted; and
(4)
Approve separate examinations for Low-voltage Contractor Class LV-A, Low-voltage
Contractor Class LV-T, Low-voltage Contractor Class LV-U, and Low-voltage
Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and
general system low-voltage contracting, Class LV-T licenses shall be restricted
to telecommunication and general system low-voltage contracting, Class LV-G
licenses shall be restricted to general system low-voltage contracting, and
Class LV-U licenses shall be unrestricted and permit the performance of alarm,
telecommunication, and general system low-voltage contracting.
(c)
The
divisions
mentioned in subsection (a) of this Code
section
licensing
board shall
also
hear appeals resulting from the suspension of licenses by an approved municipal
or county licensing or inspection authority pursuant to Code Section
43-14-12.
(d)(1)
With
respect to Conditioned Air Contractor Class I and Class II licenses, the
Division of Conditioned Air Contractors
The licensing
board shall be authorized to require
persons seeking renewal of
Conditioned
Air Contractor Class I and Class II
licenses to complete
licensing
board approved continuing education of not more than four hours annually. The
division
licensing
board shall be authorized to approve
courses offered by institutions of higher learning, vocational technical
schools, and trade, technical, or professional organizations; provided, however,
that continuing education courses or programs related to conditioned air
contracting provided or conducted by public utilities, equipment manufacturers,
or institutions under the State Board of the Technical College System of Georgia
shall constitute acceptable continuing professional education programs for the
purposes of this subsection. Continuing education courses or programs shall be
in the areas of safety, technological advances, business management, or
government regulation. Courses or programs conducted by manufacturers
specifically to promote their products shall not be approved.
(2)
All provisions of this subsection relating to continuing professional education
shall be administered by the
division
director.
(3)
The
division
director
shall be authorized to waive the continuing education requirements in cases of
hardship, disability, or illness or under such other circumstances as the
licensing
board deems appropriate.
(4)
The
division
licensing
board shall be authorized to promulgate
rules and regulations to implement and ensure compliance with the requirements
of this Code section.
(5)
The continuing education requirements of this subsection shall not be required
of any licensed conditioned air contractor who is a registered professional
engineer.
(6)
This Code section shall apply to each licensing and renewal cycle which begins
after the 1990-1991 renewal.
(e)(1)
With
respect to Electrical Contractor Class I and Class II licenses, the Division of
Electrical Contractors
The licensing
board shall be authorized to require
persons seeking renewal of
Electrical
Contractor Class I and Class II licenses
to complete
licensing
board approved continuing education of not more than four hours annually. The
division
licensing
board shall be authorized to approve
courses offered by institutions of higher learning, vocational-technical
schools, and trade, technical, or professional organizations; provided, however,
that continuing education courses or programs related to electrical contracting
provided or conducted by public utilities, equipment manufacturers, or
institutions under the State Board of the Technical College System of Georgia
shall constitute acceptable continuing professional education programs for the
purposes of this subsection. Continuing education courses or programs conducted
by manufacturers specifically to promote their products shall not be
approved.
(2)
The
division
director
shall be authorized to waive the continuing education requirements in cases of
hardship, disability, or illness or under such other circumstances as the
division deems appropriate.
(f)(1)
With
respect to utility foreman certificates and utility manager certificates issued
under this chapter, the Division of Utility
Contractors
The licensing
board shall be authorized to require
persons seeking renewal of
such
certificates
utility
foreman certificates and utility manager certificates issued under this
chapter to complete
licensing
board approved continuing education of not more than four hours annually. The
division
licensing
board shall be authorized to approve
courses offered by institutions of higher learning, vocational-technical
schools, and trade, technical, or professional organizations; provided, however,
that continuing education courses or programs related to utility contracting
provided or conducted by institutions under the State Board of the Technical
College System of Georgia shall constitute acceptable continuing professional
education programs for the purposes of this subsection.
(2)
The
division
director
shall be authorized to waive the continuing education requirements in cases of
hardship, disability, or illness or under such other circumstances as the
division deems appropriate.
(g)(1)
With
respect to Journeyman Plumber, Master Plumber Class I, and Master Plumber Class
II licenses, the Division of Master Plumbers and Journeyman
Plumbers
The licensing
board shall be authorized to require
persons seeking renewal of
such
Journeyman
Plumber, Master Plumber Class I, and Master Plumber Class
II licenses to complete
licensing
board approved continuing education of not more than four hours annually. The
division
licensing
board shall be authorized to approve
courses offered by institutions of higher learning, vocational-technical
schools, and trade, technical, or professional organizations; provided, however,
that continuing education courses or programs related to plumbing provided or
conducted by institutions under the State Board of the Technical College System
of Georgia shall constitute acceptable continuing professional education
programs for the purposes of this subsection.
(2)
The
division
director
shall be authorized to waive the continuing education requirements in cases of
hardship, disability, or illness or under such other circumstances as the
division deems appropriate.
43-14-7.
(a)
All orders and processes of the board and the divisions of the board shall be
signed and attested by the division director; and any notice or legal process
necessary to be served upon the board or the divisions may be served upon the
division director.
(b)
The
division
director or his
or
her designee is vested with the power and
authority to make such investigations in connection with the enforcement of this
chapter and the rules and regulations of the
licensing
board as
he, the
board, the divisions of the board,
the
director or any district attorney may deem
necessary or advisable.
43-14-8.
(a)
No person shall engage in the electrical contracting business as an electrical
contractor unless such person has a valid license from the
Division of
Electrical Contractors
director
and a certificate of competency, if such certificates are issued
by the
division pursuant to subsection (b) of
Code Section 43-14-6.
(b)(1)
No person shall engage in the business of plumbing as a master plumber unless
such person has a valid license from the
Division of
Master Plumbers and Journeyman Plumbers
director.
(2)
No person shall engage in the business of plumbing as a journeyman plumber
unless such person has a valid license from the
Division of
Master Plumbers and Journeyman Plumbers
director.
(c)(1)
No person shall engage in the business of conditioned air contracting as a
conditioned air contractor unless such person has a valid license from the
Division of
Conditioned Air Contractors
director.
(2)
A person who is not licensed as a conditioned air contractor shall be prohibited
from advertising in any manner that such person is in the business or profession
of a conditioned air contractor unless the work is performed by a licensed
conditioned air contractor.
(d)
Notwithstanding
any other provision of this chapter, prior to and including September 30, 1983,
the following persons, desiring to qualify under the provisions stated in this
subsection, shall be issued a state-wide license without restriction by the
appropriate division of the State Construction Industry Licensing Board,
provided that such individual submits proper application and pays or has paid
the required fees and is not otherwise in violation of this
chapter:
(1)
Any individual holding a license issued by the State Construction Industry
Licensing Board, prior to the effective date of this chapter;
(2)
Any individual holding a license issued by the State Board of Electrical
Contractors, the State Board of Examiners of Plumbing Contractors, or the State
Board of Warm Air Heating Contractors;
(3)
Any individual holding a license to engage in such vocation issued to him or her
by any governing authority of any political subdivision; and
(4)
Any individual who has successfully and efficiently engaged in such vocation in
a local jurisdiction, which did not issue local licenses, for a period of at
least two consecutive years immediately prior to the time of application. To
prove that he or she has successfully engaged in said vocation, the individual
shall only be required to give evidence of three successful jobs completed over
such period. Such applicant shall swear before a notary public that such
evidence is true and accurate prior to its submission to the division.
Reserved.
(e)
The decision of the
division
director
as to the necessity of taking the examination or as to the qualifications of
applicants taking the required examination shall, in the absence of fraud, be
conclusive. All individuals, partnerships, limited liability companies, or
corporations desiring to engage in such vocation after September 30, 1983, shall
take the examination and qualify under this chapter before engaging in such
vocation or business, including such vocation at the local level.
(f)
No partnership, limited liability company, or corporation shall have the right
to engage in the business of electrical contracting unless there is regularly
connected with such partnership, limited liability company, or corporation a
person or persons actually engaged in the performance of such business on a
full-time basis who have valid licenses issued to them as provided for in this
chapter.
(g)
No partnership, limited liability company, or corporation shall have the right
to engage in the business of plumbing unless there is regularly connected with
such partnership, limited liability company, or corporation a person or persons
actually engaged in the performance of such business on a full-time basis who
have valid licenses for master plumbers issued to them as provided in this
chapter.
(h)
No partnership, limited liability company, or corporation shall have the right
to engage in the business of conditioned air contracting unless there is
regularly connected with such partnership, limited liability company, or
corporation a person or persons actually engaged in the performance of such
business on a full-time basis who have valid licenses issued to them as provided
for in this chapter; provided, however, that partners, officers, and employees
of the individual who fulfilled the licensing requirements shall continue to be
authorized to engage in the business of conditioned air contracting under a
license which was valid at the time of the licensee's death for a period of 90
days following the date of such death.
(i)
It shall be the duty of all partnerships, limited liability companies, and
corporations qualified under this chapter to notify the
appropriate
division
director
immediately of the severance of connection with such partnership, limited
liability company, or corporation of any person or persons upon whom such
qualification rested.
(j)
All applicants for examinations and licenses provided for by this chapter and
all applicants for renewal of licenses under this chapter shall be required to
fill out a form which shall be provided by
each
division, which form shall show
the licensing
board that shows whether or not the
applicant is an individual, partnership, limited liability company, or
corporation and, if a partnership, limited liability company, or corporation,
the names and addresses of the partners or members or the names and addresses of
the officers, when and where formed or incorporated, and such other information
as the
board or
each division
director, in
his or her discretion, may require. All
forms of applications for renewal of licenses shall also show whether or not the
applicant, if it is a partnership, limited liability company, or corporation,
still has connected with it a duly qualified person holding a license issued by
the
division
director.
(k)
The
board
director
shall notify each local governing authority of the provisions of this chapter
relating to
licensure,
especially the provisions of subsection (d) of this Code
section. The
board
director
shall notify such governing authorities that after September 30, 1983, any
person desiring a license to engage in a profession covered by this chapter
shall be required to pass an examination as provided in this
chapter.
(l)
Any applicant for licensure standing the examination on and after July 1, 1989,
who fails the examination for licensure twice after such date shall be required
to present satisfactory evidence to the
appropriate
division
director
that the applicant has completed a
licensing
board approved review course before such applicant will be admitted to a third
examination. If such applicant fails the examination a third time, the
applicant shall not be required to complete additional
licensing
board approved review courses prior to taking subsequent
examinations.
43-14-8.1.
(a)
For purposes of this Code section only, 'division' means the 'Division of
Low-voltage Contractors.'
(b)(a)
No person shall engage in alarm system, general system, or telecommunication
system low-voltage contracting unless such person has a valid license therefor
from the
Division of
Low-voltage Contracting
director.
(c)
Any person desiring to qualify under the provisions of this subsection who meets
the requirements of this subsection, submits proper application prior to and
including December 31, 1984, and pays or has paid the required fees and is not
otherwise in violation of this chapter shall be issued a state-wide Low-voltage
Contractor Class LV-A, LV-G, LV-U, or LV-T license without examination. An
individual desiring to obtain Low-voltage Contractor Class LV-T shall submit to
the division an affidavit which outlines the experience of said individual in
the practice of low-voltage wiring relating to telecommunication systems. An
individual desiring to obtain a Low-voltage Contractor Class LV-A license shall
submit to the division an affidavit which outlines the experience of said
individual in the practice of low-voltage wiring relating to alarm systems. An
individual desiring to obtain a Low-voltage Contractor Class LV-G license shall
submit to the division an affidavit which outlines the experience of said
individual in the practice of low-voltage wiring relating to general systems.
Each such affidavit for licensure shall describe in detail the installation of
at least three complete low-voltage wiring jobs which shall demonstrate that the
individual has successfully performed low-voltage wiring in the area of
licensure requested for a period of at least one year immediately prior to the
time of application. An individual desiring to obtain a Low-voltage Contractor
Class LV-U license shall submit to the division an affidavit which outlines the
experience of said individual in the practice of low-voltage wiring relating to
alarm and telecommunication systems and which describes in detail the
installation of at least six complete low-voltage wiring jobs, three in alarm
and three in telecommunication systems, which shall demonstrate that the
individual has successfully performed low-voltage wiring in those areas for a
period of at least one year immediately prior to the time of application.
Reserved.
(d)(b)
The decision of the
division
director
as to the necessity of taking the examination or as to the qualifications of
applicants taking the required examination shall, in the absence of fraud, be
conclusive. All individuals, partnerships, limited liability companies, or
corporations desiring to engage in the vocation of low-voltage contracting after
December 31, 1984, shall take the examination and qualify under this Code
section before engaging in such vocation.
(e)(c)
No partnership, limited liability company, or corporation shall have the right
to engage in the business of low-voltage contracting unless there is regularly
connected with such partnership, limited liability company, or corporation a
person or persons, actually engaged in the performance of such business on a
full-time basis and supervising the low-voltage systems installation, repair,
alteration, and service work of all employees of such partnership, limited
liability company, or corporation, who have valid licenses issued to them as
provided in this chapter. In cases where a partnership, limited liability
company, or corporation has more than one office location from which low-voltage
contracting is performed, at least one person stationed in each branch office of
such partnership, limited liability company, or corporation, engaged in the
performance of low-voltage contracting on a full-time basis and supervising the
low-voltage wiring systems installation, repair, alteration, and service work of
all employees of such branch office locations, shall have a valid license issued
as provided in this Code section.
(f)(d)
It shall be the duty of all partnerships, limited liability companies, and
corporations qualified under this Code section to notify the
division
director,
in accordance with
licensing
board rules, of severance of connection with such partnership, limited liability
company, or corporation of any person or persons upon whom the qualification of
any such partnership, limited liability company, or corporation
rested.
(g)(e)
All applicants for examinations and licenses provided for by this Code section
and all applicants for renewal of licenses under this Code section shall be
required to fill out a form
which shall
be provided by the division, which form shall
show
provided by
the licensing board that shows whether or
not the applicant is an individual, partnership, limited liability company, or
corporation and, if a partnership, limited liability company, or corporation,
the names and addresses of the partners or members or the names and addresses of
the officers, when and where formed or incorporated, and such other information
as the
division in
its
director in
his or her discretion may require. All
forms of application for renewal of licenses shall also show whether or not the
applicant, if it is a partnership, limited liability company, or corporation,
still has connected with it a duly qualified person holding a license issued by
the
division
director.
(h)(f)
The
division
director
shall notify each local governing authority of the provisions of this chapter
relating to licensure, especially the provisions of subsection
(b)(a)
of this Code section. The
division
director
shall notify such governing authorities that after December 31, 1984, any person
desiring a license to engage in the vocation of low-voltage contracting shall be
required to pass an examination as provided in this chapter.
43-14-8.2.
(a)
For purposes of this Code section only, 'division' means the 'Division of
Utility Contractors.'
(b)(a)(1)
After June 30, 1994, no sole proprietorship, partnership, or corporation shall
have the right to engage in the business of utility contracting unless such
business holds a utility contractor license and there is regularly connected
with such business a person or persons who holds a valid utility manager
certificate issued under this chapter. Such utility manager must be actually
engaged in the performance of such business on a full-time basis and oversee the
utility contracting work of all employees of the business. In cases where a sole
proprietorship, partnership, or corporation has more than one permanent office,
then each permanent office shall be registered with the
division
director
and at least one person who holds a valid utility manager certificate issued
under this chapter shall be stationed in each office on a full-time basis and
shall oversee the utility contracting work of all employees of that
office.
(2)
The requirements of this Code section shall not prevent any person holding a
valid license issued
by the
State Construction Industry Licensing Board, or any division
thereof, pursuant to this
chapter,
from performing any work defined in the Code section or sections under which the
license held by said person was issued.
(c)(b)
Any corporation, partnership, or sole proprietorship desiring to qualify and be
issued a utility contractor license under the provisions of this subsection
shall:
(1)
Submit a completed application to the
division
director
on the form provided indicating:
(A)
The names and addresses of proprietor, partners, or officers of such
applicant;
(B)
The place and date such partnership was formed or such corporation was
incorporated; and
(C)
The name of the qualifying utility manager holding a current certificate who is
employed for each permanent office location of the business from which utility
contracting is performed;
(2)
Submit its safety policy which must meet the minimum standards established by
the
licensing
board;
(3)
Pay or have paid the required fees; and
(4)
Not be otherwise in violation of this chapter.
(d)(c)
The decision of the
division
director
as to the qualifications of applicants shall, in the absence of fraud, be
conclusive.
(e)(d)
It shall be the duty of the utility manager certificate holders and the licensed
utility contractor to notify the
division
director,
in accordance with
licensing
board rules, of severance of connection between such utility contractor and the
utility manager certificate holder or holders upon whom the qualification of the
utility contractor rested.
(f)(e)
In the event that a licensed utility contractor temporarily does not have
employed a utility manager certificate holder to oversee its utility contracting
work, upon notice by such utility contractor to the
division
director
within five days following the last day of employment of the utility manager
certificate holder, the
division
director
shall grant the utility contractor a 90 day grace period in which to employ a
utility manager certificate holder to oversee its utility contracting work
before any action may be taken by the
division
director
to revoke the utility contractor's license. The
division
director
may, at
its
in his or
her discretion, upon application by the
utility contractor showing good cause grant one additional 90 day grace period.
Grace periods totaling not more than 180 days may be granted during any two-year
period. Failure to have employed a utility manager certificate holder to
oversee the utility contracting work of the utility contractor shall be grounds
for the revocation or suspension of the utility contractor license
after a
notice of hearing
in compliance
with Code Section 43-1-3.1.
(g)(f)
All applicants for renewal of utility contractor licenses provided for by this
Code section shall be required to submit with the required fee a completed
application on a form provided by the
division
director.
(h)(g)
It shall be unlawful for any person to contract with any other person for the
performance of utility contracting work who is known by such person not to have
a current, valid license as a utility contractor pursuant to this
chapter.
43-14-8.3.
(a)
After June 30, 1994, no person may be employed as a utility manager unless that
person holds a current utility manager certificate issued by the
Division of
Utility Contractors
director.
(b)
The
division
director
shall certify all applicants for certification under this chapter who satisfy
the requirements of this chapter and the rules and regulations promulgated under
this chapter. Persons wishing to qualify for utility manager certification
shall submit a completed application form documenting required experience and
other qualifications as prescribed by the
licensing
board with the required fees and shall pass an examination. In order to obtain
a utility manager certificate, an applicant must submit proof of completion of a
course of safety training in utility contracting approved by the
division
licensing
board. In order to continue to hold such
certificate, the certificate holder must present proof to the
division
director
of completion of a safety training course approved by the
division
licensing
board at least every two years from the
date of the completion of the initial safety training course.
(c)
An applicant may request an oral administration of the examination.
43-14-8.4.
(a)
After June 30, 1994, no person may be employed as a utility foreman unless that
person holds a current utility foreman certificate issued by the
Division of
Utility Contractors
director.
(b)
The
division
director
shall certify all applicants for certification under this chapter who satisfy
the requirements of this chapter and the rules and regulations promulgated under
this chapter. One requirement for such certification shall be the successful
completion of a course of safety training in utility contracting approved by the
division
licensing
board. In order to continue to hold such
certificate, the certificate holder must submit proof to the
division
director
of completion of a safety training course approved by the
division
licensing
board at least every two years from the
date of the completion of the initial safety training course. In lieu of safety
training any person desiring to be issued a utility foreman certificate may
submit a completed application on or before December 31, 1994, which documents
to the satisfaction of the division at least two years of experience as a
utility foreman during the period between January 1, 1984, and June 30, 1994.
Any person who does not submit a completed application for certification on or
before December 31, 1994, must complete the required safety training in order to
be certified.
(c)
After June 30, 1994, no utility system shall be constructed, erected, altered,
or repaired unless a certified utility manager or certified utility foreman who
holds a current certification is present at the job site of such construction,
erection, alteration, or repair of the utility system.
43-14-9.
(a)
Every person holding a license issued by
a division
of the board
the
director shall display it in a conspicuous
manner at his
or
her place of business.
(b)
All commercial vehicles used by licensees and certificate holders exclusively in
the daily operation of their business shall have prominently displayed thereon
the company or business registration number issued by the Secretary of State's
office. Such registration number shall also be prominently displayed on any
advertising in telephone yellow pages and newspapers relating to work which a
licensee or certificate holder purports to have the capacity to perform.
Said
The
registration number shall also be printed on all invoices and proposal
forms.
43-14-10.
This
chapter shall be administered in accordance with Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.'
Any order or
action of the director entered pursuant to this chapter shall be made in
compliance with Code Section 43-1-3.1.
43-14-11.
Whenever
it shall appear to
a division
of the board or to the executive
the
director or to a county or municipal inspection authority that any person is or
has been violating this chapter or any of the lawful rules, regulations, or
orders of the
licensing
board or the
director, the
division of
the board
director,
the local inspection authority, or the appropriate prosecuting attorney may file
a petition for an injunction in the proper superior court of this state against
such person for the purpose of enjoining any such violation. It shall not be
necessary to allege or prove that there is no adequate remedy at law. The right
of injunction provided for in this Code section shall be in addition to any
other legal remedy which the
board
director
has and shall be in addition to any right of criminal prosecution provided for
by law.
43-14-12.
(a)
Any municipal or county inspection authority which meets the standards
established by the
licensing
board shall be authorized, after notice and hearing, to suspend the license or
certificate of competency of, or refuse to restore a license or certificate of
competency to, any person or licensee upon the grounds set out in paragraph (4)
of subsection (a) of Code Section 43-14-6; provided, however, that such
suspension of a license by a local inspection authority shall be applicable only
within the jurisdiction of such local authority. Any person aggrieved by an
action of a local authority shall be entitled to an appeal to the
appropriate
division of the
licensing
board and shall be entitled to a hearing.
(b)(1)
This chapter shall not be construed to prohibit the governing authority of any
county or municipality in the state from adopting and enforcing codes at the
local level; provided, however, that no county or municipality may require any
licensed conditioned air contractor or licensed plumber who has executed and
deposited a bond as authorized in paragraph (2) of this subsection to give or
furnish or execute any code compliance bond or similar bond for the purpose of
ensuring that all construction, installation, or modifications are made or
completed in compliance with the county or municipal ordinances or building and
construction codes.
(2)
In order to protect the public from damages arising from any work by a licensed
conditioned air contractor or licensed
plumber,
which work
that
fails to comply with the ordinances or building and construction codes adopted
by any county or municipal corporation, any such licensed conditioned air
contractor or licensed plumber may execute and deposit with the judge of the
probate court in the county of his or her principal place of business a bond in
the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed
by a surety authorized and qualified to write surety bonds in the State of
Georgia and shall be approved by the judge of the probate court. Such bond
shall be conditioned upon all work done or supervised by such licensee complying
with the provisions of any ordinances or building and construction codes of any
county or municipal corporation wherein the work is performed. Action on such
bond may be brought against the principal and surety thereon in the name of and
for the benefit of any person who suffers damages as a consequence of said
licensee's work not conforming to the requirements of any ordinances or building
and construction codes; provided, however, that the aggregate liability of the
surety to all persons so damaged shall in no event exceed the sum of such
bond.
(3)
In any case where a bond is required under this subsection, the conditioned air
contractor or plumber shall file a copy of the bond with the building official
in the political subdivision wherein the work is being performed.
(4)
The provisions of this subsection shall not apply to or affect any bonding
requirements involving contracts for public works as provided in Chapter 10 of
Title 13.
(c)
No provision of this chapter shall be construed as prohibiting or preventing a
municipality or county from fixing, charging, assessing, or collecting any
license fee, registration fee, tax, or gross receipt tax on any related business
or on anyone engaged in any related business governed by this
chapter.
43-14-12.1.
(a)
If a person is in violation of paragraph (1) or (2) of subsection (c) of Code
Section 43-14-8, it shall not be necessary for an investigator to observe or
witness the unlicensed person engaged illegally in the process of work or to
show work in progress or work completed in order to prove the unlawful practice
of conditioned air contracting by an unlicensed person.
(b)
It shall be prima-facie evidence of a violation of this chapter if any person
not licensed as a conditioned air contractor advertises that such person is in
the business or profession of a conditioned air contractor or advertises in a
manner such that the general public would believe that such person is a licensed
conditioned air contractor or in the business or profession of a conditioned air
contractor. Advertising under this subsection includes, but is not limited to,
newspaper, television, radio, telephone directory, mailings, business cards, or
sign at place of business or attached to a vehicle.
(c)
Notwithstanding the provisions of Code Section 43-1-20.1,
after
notice and hearing, the
board
director
may issue a cease and desist order
in compliance
with Code Section 43-1-3.1 prohibiting any
person from violating the provisions of this chapter by engaging in the business
or profession of a conditioned air contractor without a license as required
under this chapter.
Upon issuance
of a cease and desist order by the director, the person who the cease and desist
order is entered against may petition the licensing board within 30 days after
the issuance thereof for an administrative hearing conducted by the licensing
board in accordance with Code Section 43-1-3.1. The filing of a petition for a
hearing before the licensing board shall stay enforcement of the cease and
desist order of the director.
(d)
The violation of any cease and desist order of the
board
director
issued under subsection (c) of this Code section shall subject the person
violating the order to further
proceedings
before the
disciplinary
action by the director or the licensing
board, and the
licensing
board and the
director shall be authorized to impose a
fine not to exceed $500.00 for each violation thereof. Each day that a person
practices in violation of this Code section and chapter shall constitute a
separate violation.
(e)
Nothing in this Code section shall be construed to prohibit the
board
director
from seeking remedies otherwise available by statute without first seeking a
cease and desist order in accordance with the provisions of this Code
section.
43-14-12.2.
(a)
If a person is in violation of Code Section 43-14-8.2, 43-14-8.3, or 43-14-8.4,
it shall not be necessary for an investigator to observe or witness the
unlicensed person engaged illegally in the process of work or to show work in
progress or work completed in order to prove the unlawful practice of utility
contracting by an unlicensed person.
(b)
It shall be prima-facie evidence of a violation of this chapter if any person
not licensed as a utility contractor advertises that such person is in the
business or profession of a utility contractor or advertises in a manner such
that the general public would believe that such person is a licensed utility
contractor or in the business or profession of a utility contractor. Advertising
under this subsection includes, but is not limited to, newspaper, television, or
radio advertisements, telephone directory listings, mailings, business cards, or
a sign or signs at a place of business or attached to a vehicle.
(c)
Notwithstanding the provisions of Code Section 43-1-20.1,
after
notice and hearing, the
board
director
may issue a cease and desist order
in compliance
with Code Section 43-1-3.1 prohibiting any
person from violating the provisions of this chapter by engaging in the business
or profession of a utility contractor without a license as required under this
chapter or by constructing, erecting, altering, or repairing a utility system
without a properly certified utility manager or properly certified utility
foreman present at such job site.
Upon issuance
of a cease and desist order by the director, the person who the cease and desist
order is entered against may petition the licensing board within 30 days after
the issuance thereof for an administrative hearing conducted by the licensing
board in accordance with Code Section 43-1-3.1. The filing of a petition for a
hearing before the licensing board shall stay enforcement of the cease and
desist order of the director.
(d)
The violation of any cease and desist order of the
board
director
issued under subsection (c) of this Code section shall subject the person
violating the order to further
proceedings
before the
disciplinary
action by the director and the licensing
board, and the
licensing
board and the
director shall be authorized to impose a
fine not to exceed $5,000.00 for each violation thereof. Each day that a person
practices in violation of this Code section and chapter or constructs, erects,
alters, or repairs a utility system without a properly certified utility manager
or properly certified utility foreman present at such job site shall constitute
a separate violation.
(e)
Nothing in this Code section shall be construed to prohibit the
board
director
from seeking remedies otherwise available by statute without first seeking a
cease and desist order in accordance with the provisions of this Code
section.
43-14-13.
(a)
This chapter shall apply to all installations, alterations, and repairs of
plumbing, air-conditioning and heating, or electrical or low-voltage wiring or
utility systems within or on public or private buildings, structures, or
premises except as otherwise provided in this Code section.
(b)
Any person who holds a license issued under this chapter may engage in the
business of plumbing, electrical contracting, conditioned air contracting,
low-voltage contracting, or utility contracting but only as prescribed by the
license, throughout the state; and except as provided in Code Section 43-14-12,
no municipality or county may require such person to comply with any additional
licensing requirements imposed by such municipality or county.
(c)
This chapter shall not apply to the installation, alteration, or repair of
plumbing, air-conditioning and heating, utility systems, or electrical services,
except low-voltage wiring services, up to and including the meters where such
work is performed by and is an integral part of the system owned or operated by
a public service corporation, an electrical, water, or gas department of any
municipality in this state, a railroad company, a pipeline company, or a mining
company in the exercise of its normal function as such.
(d)
This chapter shall not prohibit an individual from installing, altering, or
repairing plumbing fixtures, air-conditioning and heating, air-conditioning and
heating fixtures, utility systems, or electrical or low-voltage wiring services
in a residential dwelling owned or occupied by such individual; provided,
however, that all such work must be done in conformity with all other provisions
of this chapter, the rules and regulations of the
licensing board, and any applicable county
or municipal resolutions, ordinances, codes, or inspection
requirements.
(e)
This chapter shall not prohibit an individual employed on the maintenance staff
of a facility owned by the state or by a county, municipality, or other
political subdivision from installing, altering, or repairing plumbing, plumbing
fixtures, air-conditioning and heating fixtures, utility systems, or electrical
or low-voltage wiring services when such work is an integral part of the
maintenance requirements of the facility; provided, however, that all such work
must be done in conformity with all other provisions of this chapter and the
orders, rules, and regulations of the
licensing
board.
(f)
This chapter shall not prohibit any person from installing, altering, or
repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures,
utility systems, or electrical or low-voltage wiring services in a farm or ranch
service building or as an integral part of any irrigation system on a farm or
ranch when such system is not located within 30 feet of any dwelling or any
building devoted to animal husbandry. Nothing in this subsection shall be
construed to limit the application of any resolution, ordinance, code, or
inspection requirements of a county or municipality relating to such
connections.
(g)
This chapter shall not apply to low-voltage wiring performed by public
utilities, except that such portion of the business of those public utilities
which involves the installation, alteration, repair, or service of
telecommunication systems for profit shall be covered under this
chapter.
(h)
This chapter shall not apply to the installation, construction, or maintenance
of power systems or telecommunication systems for the generation or distribution
of electric current constructed under the National Electrical Safety Code, which
regulates the safety requirements of utilities; but the interior wiring
regulated by the National Electrical Safety Code
would
shall
not be exempt and must be done by an electrical contractor except as otherwise
provided by law.
(i)
This chapter shall not apply to any technician employed by a municipal or
county-franchised community antenna television (CATV) system or a municipally
owned community antenna television system in the performance of work on the
system.
(j)
This chapter shall not apply to regular full-time employees of an institution,
manufacturer, or business who perform plumbing, electrical, low-voltage wiring,
utility contracting, or conditioned air work when working on the premises of
that employer.
(k)
This chapter shall not apply to persons licensed as manufactured or mobile home
installers by the state fire marshal when:
(1)
Coupling the electrical connection from the service entrance panel outside the
manufactured housing to the distribution panel board inside the manufactured
housing;
(2)
Connecting the exterior sewer outlets to the above-ground sewer system;
or
(3)
Connecting the exterior water line to the above-ground water
system.
(l)
Any person qualified by the Department of Transportation to perform work for the
department shall not be required to be licensed under Code Section 43-14-8.2 or
certified under Code Sections 43-14-8.3 and 43-14-8.4 in order to perform work
for the department. Any person qualified by the Department of Transportation to
perform work for the department shall not be required to be licensed under Code
Section 43-14-8.2 or certified under Code Sections 43-14-8.3 and 43-14-8.4 in
order to perform work for a county, municipality, authority, or other political
subdivision when such work is of the same nature as that for which the person is
qualified when performing department work; provided, however, that such work is
not performed on a utility system as defined in paragraph (17) of Code Section
43-14-2 for which the person receives compensation.
(m)
This chapter shall not prohibit any person from installing, altering, or
repairing the plumbing component of a lawn sprinkler system from a backflow
preventer which was installed by a licensed plumber; provided, however, that all
such work must be done in conformity with all other provisions of this chapter,
the rules and regulations of the
licensing
board, and ordinances of the county or municipality.
(n)
Any person who contracts with a licensed conditioned air contractor as part of a
conditioned air contract to install, alter, or repair duct systems, control
systems, or insulation is not required to hold a license
from the
Division of Conditioned Air Contractors
under this
chapter. The conditioned air contractor
must retain responsibility for completion of the contract, including any
subcontracted work. Any person who contracts with a licensed conditioned air
contractor to perform a complete installation, alteration, or repair of a
conditioned air system must hold a valid license
from the
Division of Conditioned Air Contractors
under this
chapter. Any person who contracts to
perform for or on behalf of a conditioned air contractor to install, alter, or
repair electrical, low-voltage, or plumbing components of a conditioned air
system must hold a valid license
from the
appropriate division of the board
under this
chapter.
(o)
This chapter shall not prohibit any propane dealer who is properly insured as
required by law and who holds a liquefied petroleum gas license issued by the
Safety Fire Commissioner from installing, repairing, or servicing a propane
system or the gas piping or components of such system; provided, however, that
such propane dealers shall be prohibited from performing the installation of
conditioned air systems or forced air heating systems unless licensed to do so
under this chapter.
(p)
This chapter shall not apply to any employee or authorized agent of a regulated
gas utility or municipal owned gas utility while in the course and scope of such
employment.
(q)
Any utility contractor holding a valid utility contractor's license under this
chapter shall be authorized to bid for and perform work on any utility system in
this state without obtaining a license under Chapter 41 of this title. It shall
be unlawful for the owner of a utility system or anyone soliciting work to be
performed on a utility system to refuse to allow a utility contractor holding a
valid utility contractor's license under this chapter to bid for or perform work
on a utility system on the basis that such contractor does not hold a license
under Chapter 41 of this title.
43-14-14.
Any
person violating this chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than $1,000.00 or imprisoned for not
more than six months, or both."
SECTION
1-18.
Said
title is further amended by revising Chapter 15, relating to professional
engineers and land surveyors, as follows:
"CHAPTER
15
43-15-1.
This
chapter is enacted to safeguard life, health, and property and to promote the
public welfare.
43-15-2.
As
used in this chapter, the term:
(1)
'Board' means the State Board of Registration for Professional Engineers and
Land
Surveyors, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(2)
'Certificate' means any certificate issued under Code Section 43-15-8 or
43-15-12.
(3)
'Certificate of registration' means any certificate issued under Code Section
43-15-9, 43-15-13, or 43-15-16.
(4)
'Current certificate of registration' means a certificate of registration which
has not expired or been revoked and the rights under which have not been
suspended or otherwise restricted
by the
board.
(4.1)
'Director' means the director of professional licensing.
(5)
'Engineer-in-training' means an individual who meets the qualifications for and
to whom the
board
director
has duly issued an engineer-in-training certificate.
(6)
'Land surveying' means any service, work, or practice, the adequate performance
of which requires the application of special knowledge of the principles of
mathematics, the related physical and applied sciences, and the requirements of
relevant law in the evaluation and location of property rights, as applied
to:
(A)
Measuring and locating lines, angles, elevations, natural and manmade features
in the air, on the surface of the earth, in underground works, and on the beds
of bodies of water, for the purpose of determining and reporting positions,
topography, areas, and volumes;
(B)
Establishing or reestablishing, locating or relocating, or setting or resetting
of monumentation for any property, easement, or right of way boundaries, or the
boundary of any estate or interest therein;
(C)
The platting and layout of lands and subdivisions thereof, including alignment
and grades of streets and roads, excluding thoroughfares;
(D)
The design, platting, and layout, incidental to subdivisions of any tract of
land by a land surveyor, of:
(i)
Grading plans and site plans;
(ii)
Erosion and sediment control plans, including detention ponds, provided that no
impoundment shall be designed on a live (perennial) stream; provided, further,
that such detention ponds:
(I)
Contain no more than five acre-feet of water storage at maximum pool (top of
dam) or are no more than ten feet in height for a dry storage pond;
(II)
Are no more than six feet in height for a permanent (wet) storage pond;
or
(III)
Contain no more than three acre-feet of water storage at maximum pool (top of
dam) if the height is more than ten feet but less than 13 feet for a dry storage
pond;
(iii)
Storm water management plans and facilities, including hydrologic studies and
temporary sediment basins, provided that the contributing drainage area shall
not be larger than 100 acres; and
(iv)
Extension of existing water distribution piping and gravity sewers, eight inches
in diameter or smaller, provided that off-site length shall not exceed 1,000
feet, the design and construction of which shall conform to the local government
ordinances and regulations, and such extensions shall be subjected to the review
and approval of a local government which has been delegated approval authority
by the Environmental Protection Division of the Department of Natural
Resources;
(E)
Conducting horizontal and vertical control surveys, layout or stake-out of
proposed construction, or the preparation of as-built surveys which relate to
property, easement, or right of way boundaries;
(F)
Utilization of measurement devices or systems, such as aerial photogrammetry,
geodetic positioning systems, land information systems, or similar technology
for evaluation or location of property, easement, or right of way boundaries;
or
(G)
The preparation and perpetuation of maps, record plats, drawings, exhibits,
field notes, or property descriptions representing these services.
(7)
'Land surveyor' means an individual who is qualified to engage in the practice
of land surveying and who possesses a current certificate of registration as a
land surveyor issued by the
board
director.
A person shall be construed to practice or offer to practice land surveying
within the meaning of this chapter who by verbal claim, sign, advertisement,
letterhead, cards, or in any other way represents or holds himself or herself
out as able or qualified to perform or who does perform any of the services
defined as land surveying.
(8)
'Land surveyor-in-training' means an individual who meets the qualifications for
and to whom the
board
director
has duly issued a certificate as a land surveyor-in-training.
(8.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(9)
'Person' means an individual and any legal or commercial entity, including, by
way of illustration and not limitation, a partnership, corporation, association,
or governmental agency.
(10)
'Professional engineer' means an individual who is qualified, by reason of
knowledge of mathematics, the physical sciences, and the principles by which
mechanical properties of matter are made useful to man in structures and
machines, acquired by professional education and practical experience, to engage
in the practice of professional engineering and who possesses a current
certificate of registration as a professional engineer issued by the
board
director.
(11)
'Professional engineering' means the practice of the art and sciences, known as
engineering, by which mechanical properties of matter are made useful to man in
structures and machines and shall include any professional service, such as
consultation, investigation, evaluation, planning, designing, or responsible
supervision of construction or operation, in connection with any public or
private utilities, structures, buildings, machines, equipment, processes, works,
or projects, wherein the public welfare or the safeguarding of life, health, or
property is concerned or involved, when such professional service requires the
application of engineering principles and data and training in the application
of mathematical and physical sciences. A person shall be construed to practice
or offer to practice professional engineering, within the meaning of this
chapter who by verbal claim, sign, advertisement, letterhead, card, or in any
other way represents or holds himself
or
herself out as a professional engineer or
engineer or as able or qualified to perform engineering services or who does
perform any of the services set out in this paragraph. Nothing contained in
this chapter shall include the work ordinarily performed by persons who operate
or maintain machinery or equipment.
43-15-3.
(a)
A State Board of Registration for Professional Engineers and Land Surveyors is
created
whose duty
it shall be to administer this chapter
as a
professional licensing policy
board.
(b)
The board shall consist of six professional engineers, two land surveyors, and a
member appointed from the public at large who has no connection with the
professions of engineering and land surveying, all of whom shall be appointed by
the Governor for a term of five years. Of the professional engineers appointed
to the board, one shall be a structural engineer, one shall be a mechanical
engineer, one shall be an electrical engineer, two shall be civil or sanitary
engineers, and one shall be from any discipline of engineering. Each member of
the board shall be a citizen of the United States and a resident of this
state.
(c)
Each member shall hold office until his
or
her successor has been duly appointed and
qualified. All successors shall be appointed in the same manner as the original
appointment.
(d)
A vacancy on the membership of the board shall be filled by appointment by the
Governor, in the same manner as the original appointment to the position
vacated, for the unexpired term.
(e)
Professional engineers appointed to the board shall have been engaged in the
practice of engineering in their respective disciplines for at least 12 years
and shall have been in responsible charge of important engineering work in their
respective disciplines for at least five years. Land surveyors appointed to the
board shall have been engaged in the practice of land surveying for at least 12
years and shall have been in responsible charge of important land surveying work
for at least five years. Responsible charge of engineering or land surveying
teaching may be construed as responsible charge of important engineering or land
surveying work, respectively.
(f)
Each member of the board shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
(g)
The Governor may remove any member of the board for misconduct, incompetency,
neglect of duty, or for any other sufficient and just cause.
43-15-4.
(a)
The board
shall adopt all necessary rules, regulations, and bylaws, not inconsistent with
this chapter and the Constitution and laws of this state or of the United
States, to govern its times and place of meetings for organization and
reorganization, for the holding of examinations, for fixing the length of terms
of its officers, and for governing all other matters requisite to the exercise
of its powers, the performance of its duties, and the transaction of its
businesses. The board shall adopt an official seal.
(b)
The board shall meet at such times as the business of the board shall require,
as the board or its
chairman
chairperson
may determine, but shall hold one annual meeting each year at which time the
board shall elect a
chairman
chairperson
and a vice
chairman
vice
chairperson.
(b)(c)
The board shall be assigned to the office of the
division
director for those purposes described in Chapter 1 of this title.
43-15-5.
The
board
director
shall keep records of
its
proceedings of
the board and the licensing
board.
43-15-6.
(a)
In carrying
out this chapter, in addition to other powers conferred upon it under this
chapter, the board
The
director shall have the
power:
(1)
To adopt
and enforce regulations
of the
licensing board implementing this chapter,
including regulations governing the professional conduct of those individuals
registered by it;
(2)
Under the
hand of its chairman or his or her delegate and the seal of the board,
to
To
subpoena witnesses and compel their attendance and to require thereby the
production of books, papers, documents, and other things relevant to such
investigation in order to investigate conduct subject to regulation by the
licensing
board; the
chairman or
the member of the board who is his or her
delegate
director
may administer oaths to witnesses appearing before the
board
director;
and the
board
director
may secure the enforcement of its subpoenas in the manner provided by Chapter 13
of Title 50, the 'Georgia Administrative Procedure Act';
and
(3)
To maintain in
it's the
director's name an action for injunctive
or other appropriate legal or equitable relief to remedy violations of this
chapter and, in pursuing equitable remedies, it shall not be necessary that the
board
director
allege or prove that
it
has
there
is no adequate remedy at
law;
and
(4)
To enter orders or take other action consistent with this chapter, which shall
be entered in compliance with Code Section
43-1-3.1.
(b)
In addition
to other powers conferred upon the board under this chapter,
the
The
licensing board shall through rules and
regulations require each person seeking renewal of a certificate of registration
as a professional engineer or a land surveyor to complete
licensing
board approved continuing education of not more than 30 hours biennially for
professional engineers and not more than 15 hours biennially for land surveyors.
The
licensing
board shall be authorized to approve courses offered by institutions of higher
learning or offered by other institutions or organizations. The
board
director
shall randomly audit some applications for renewal of a certificate of
registration to enforce compliance with this subsection. The continuing
education requirements adopted by the
licensing
board shall recognize the continuing education requirements imposed by other
states to the extent that such continuing education courses meet the
requirements imposed by the
licensing
board. The
board
director
shall be authorized to waive the continuing education requirements in cases of
hardship, disability, or illness or under such other circumstances as the
licensing
board deems appropriate. The
board
director
shall waive the continuing education requirement for individuals over the age of
65 who have retired from active practice and who apply for an inactive license
and for individuals over the age of 65 who are engaged in the active practice of
their profession who have had a valid active license for the previous 25
consecutive years. The requirement for continuing education including the
exemptions provided for in this subsection shall apply to each licensing renewal
cycle which begins after the 1996 renewal cycle.
43-15-7.
(a)
It shall be unlawful for any person other than a professional engineer to
practice or to offer to practice professional engineering in this
state.
(b)
It shall be unlawful for any person other than a land surveyor to practice or to
offer to practice land surveying in this state.
43-15-8.
To
be eligible for certification as an engineer-in-training, an applicant must meet
the following minimum requirements:
(1)(A)
Graduate in an engineering curriculum of not less than four years from a school
or college approved by the
licensing
board; and
(B)
Pass a written examination in fundamental engineering subjects
(engineer-in-training examination);
(2)(A)
Graduate in an engineering curriculum of not less than four years or in a
curriculum of four or more years in engineering technology or related science,
from a school or college approved by the
licensing
board; and
(B)
Pass a written examination in fundamental engineering subjects
(engineer-in-training examination); or
(3)(A)
Acquire not less than eight years of experience in engineering work of a nature
satisfactory to the
licensing
board; and
(B)
Pass a written examination in fundamental engineering subjects
(engineer-in-training examination).
43-15-9.
To
be eligible for a certificate of registration as a professional engineer, an
applicant must meet the following minimum requirements:
(1)(A)
Obtain certification by the
board
director
as an engineer-in-training under paragraph (1) of Code Section
43-15-8;
(B)
Acquire a specific record of not less than four years' experience in engineering
work of a character satisfactory to the
board
director
which indicates the applicant is competent to practice professional engineering;
and
(C)
Subsequently pass a written examination in the principles and practice of
engineering (professional engineer's examination);
(2)(A)
Obtain certification by the
board
director
as an engineer-in-training under paragraph (2) of Code Section
43-15-8;
(B)
Acquire a specific record of not less than seven years' experience in
engineering work of a character satisfactory to the
board
director
which indicates the applicant is competent to practice professional engineering;
and
(C)
Subsequently pass a written examination in the principles and practice of
engineering (professional engineer's examination);
(3)(A)
Obtain certification by the
board
director
as an engineer-in-training under paragraph (3) of Code Section
43-15-8;
(B)
Acquire a specific record of not less than seven years' experience in
engineering work of a character satisfactory to the
board
director
which indicates the applicant is competent to practice professional engineering;
and
(C)
Subsequently pass a written examination in the principles and practice of
engineering (professional engineer's examination); or
(4)(A)
Graduate in an engineering or related science curriculum of not less than four
academic years;
(B)
Acquire a specific record of not less than 16 years' experience in engineering
work, of which at least eight years have been in responsible charge of important
engineering work of a character satisfactory to the
board
director,
which indicates the applicant is competent to practice professional engineering;
and
(C)
Subsequently pass a written examination in the principles and practice of
engineering (professional engineer's examination).
43-15-10.
(a)
For the purpose of determining whether an applicant has acquired the experience
required under Code Section 43-15-8 or 43-15-9:
(1)
Responsible charge of engineering teaching may, in the
board's
director's
sole discretion, be considered as responsible charge of engineering
work;
(2)
The satisfactory completion of each academic year of an approved course in
engineering or engineering technology in a school or college approved by the
licensing
board, without graduation, may be considered as equivalent to a year of
engineering experience;
(3)
Partial credit may be granted by the
licensing
board for the successful completion of one or more scholastic years of a
four-year engineering curriculum in a school or college not approved by the
licensing
board or in a curriculum in related science in a school or college approved by
the
licensing
board. The degree of credit shall be determined by the
licensing
board upon consideration of the mathematics, science, and engineering courses
completed by the applicant;
(4)
No applicant shall receive experience credit for more than four years of
undergraduate education; and
(5)
The satisfactory completion of graduate study in an approved engineering
curriculum may, in the
licensing
board's sole discretion, be credited for not more than one year's
experience.
(b)
The execution, as a contractor, of work designed by a professional engineer or
the supervision of the construction of such work as foreman, inspector, or
superintendent shall not be deemed to be engineering experience unless such work
involves the application of engineering principles and the applicant presents
evidence of additional engineering experience of a character satisfactory to the
board
director
and indicating the applicant is competent to be placed in responsible charge of
engineering work.
43-15-11.
An
applicant for the professional engineer's examination shall designate the
special branch of engineering in which the applicant proposes to engage. The
scope of the professional engineer's examination administered to him
or
her shall be prescribed by the
licensing
board with respect to that branch of engineering, with special reference to the
applicant's ability to design and supervise engineering work so as to ensure the
safety of life, health, and property.
43-15-12.
To
be eligible for certification as a land surveyor-in-training, an applicant must
meet the following minimum requirements:
(1)(A)
Earn a bachelor's degree in a curriculum approved by the
licensing
board;
(B)
Earn an associate degree, or its equivalent, in a curriculum approved by the
licensing
board and acquire not less than two years of combined office and field
experience in land surveying of a nature satisfactory to the
licensing
board; or
(C)
Earn a high school diploma, or its equivalent, and acquire not less than four
years' experience in land surveying of a nature satisfactory to the
licensing
board;
(2)
Acquire a minimum of 15 quarter hours' credit, or its equivalent, in land
surveying subjects in a course of study approved by the
licensing
board; provided, however, that on and after January 1, 1995, the minimum
requirement shall be 20 quarter hours' credit, five of which shall be in
hydrology; and
(3)
Subsequently pass the
licensing
board approved examination in the fundamentals of land surveying (land
surveyor-in-training examination).
43-15-13.
To
be eligible for a certificate of registration as a land surveyor, an applicant
must meet the following minimum requirements:
(1)(A)
Obtain certification as a land surveyor-in-training under subparagraph (A) of
paragraph (1) and paragraph (3) of Code Section 43-15-12;
(B)
Acquire a specific record of the equivalent of not less than four years of
combined office and field experience in land surveying with a minimum of three
years' experience in responsible charge of land surveying projects under the
supervision of a registered land surveyor or such other supervision deemed by
the
board
director
to be the equivalent thereof; and
(C)
Subsequently pass a written examination on the principles and practices of land
surveying and the laws of this state relating to land surveying (land surveyor
examination);
(2)(A)
Obtain certification as a land surveyor-in-training under subparagraph (B) of
paragraph (1) and paragraph (3) of Code Section 43-15-12;
(B)
Acquire an additional specific record of the equivalent of not less than four
years of combined office and field experience in land surveying which, together
with the qualifying experience under subparagraph (B) of paragraph (1) of Code
Section 43-15-12, includes not less than four years' experience in responsible
charge of land surveying projects under the supervision of a registered land
surveyor or such other supervision deemed by the
board
director
to be the equivalent thereof; and
(C)
Subsequently pass a written examination on the principles and practices of land
surveying and the laws of Georgia relating to land surveying (land surveyor
examination); or
(3)(A)
Obtain certification as a land surveyor-in-training under subparagraph (C) of
paragraph (1) and paragraph (3) of Code Section 43-15-12;
(B)
Acquire an additional specific record of not less than four years of experience
in land surveying which, together with the qualifying experience under
subparagraph (C) of paragraph (1) of Code Section 43-15-12, includes not less
than six years' experience in responsible charge of land surveying under the
supervision of a registered land surveyor or such other supervision deemed by
the
board
director
to be the equivalent thereof and of a grade and character satisfactory to the
board
director
indicating that the applicant is competent to practice land surveying;
and
(C)
Subsequently pass a written examination on the principles and practices of land
surveying and laws of this state relating to land surveying (land surveyor
examination).
43-15-14.
Board
approval
Approval by
the director of an applicant for
examination entitles the applicant to admission to the next four consecutive
examination offerings without reapplication. Following the first offering to
which the applicant is entitled to admission, the applicant shall not be
admitted to any of the succeeding three examination offerings except upon
payment of a fee for each examination, to be determined by the
licensing
board. Admission to any future examinations will be at the discretion of the
board
director
which
who
may require the applicant to file a new application. An examination offering
occurs regardless of whether the applicant attends.
43-15-15.
(a)
Applications for certificates and for certificates of registration shall be made
under oath to the
board
director
and shall contain such information in the form and manner as shall be prescribed
by the
licensing
board. The application shall be accompanied by a fee in an amount prescribed by
the
licensing
board.
(b)
No individual shall be eligible for a certificate or a certificate of
registration under this chapter who is not of good character and
reputation.
(c)
If the
board
director
denies an application on the ground that the applicant lacks the requisite
experience to admit him to the examination, the
board
director
may impose on the applicant a period of deferment on the filing of a new
application, during which period the
board
director
shall not be required to accept for filing a new application by the applicant.
The period of deferment shall not exceed the time reasonably required to acquire
the requisite experience.
(d)
An application shall contain the names of not less than five persons, not
related to the applicant by blood or marriage, of whom at least three shall be
professional engineers or land surveyors having personal knowledge of the
experience on which the applicant predicates his qualifications.
(e)
Experience required under this chapter shall be of a character and nature
approved by the
licensing
board or the
director and consistent with the purposes
of this chapter.
43-15-16.
(a)
The
board
director
may, in
its
his or
her discretion, upon application therefor
and the payment of a fee prescribed by the
licensing
board, issue a certificate of registration as a professional engineer to any
individual who holds a certificate of qualification or registration issued to
him or
her by proper authority of the National
Council of Engineering Examiners or of any state or territory or possession of
the United States if the requirements of the registration of professional
engineers under which the certificate of qualification or registration was
issued do not conflict with this chapter and are of a standard not lower than
that specified in this chapter or if the applicant held such certificate on or
before July 1, 1956. The fact that the statute under which the individual was
issued a certificate of qualification or registration in another state does not
provide that the required written examination be passed subsequent to the
acquisition of the required experience shall not be deemed as a conflict with,
or lower than, the Georgia requirements, provided that the written examination
and the amount of experience required for registration are substantially
equivalent to the Georgia requirements.
(b)
The
board
director
may, in
its
his or
her discretion, upon application therefor
and the payment of a fee prescribed by the
licensing
board, issue a certificate of registration as a land surveyor to any person who
holds a certificate of registration to practice land surveying issued by a state
or territory or possession of the United States obtained:
(1)
By written examination of not less than eight hours in duration prior to July 1,
1968;
(2)
By written examination of not less than 16 hours in duration prior to July 1,
1978; or
(3)
Under qualifications comparable to those prescribed by this chapter;
and
in
addition passes a written examination on the laws of Georgia relating to land
surveying (land surveyor examination).
43-15-17.
(a)
Certificates and certificates of registration shall be issued to applicants who
successfully complete the respective requirements therefor upon the payment of
fees prescribed by the
licensing
board.
(b)
Certificates of registration shall be renewable biennially. Renewal may be
effected for the succeeding two years by the payment of the fee prescribed by
the
licensing
board. Certificates of registration may be renewed subsequent to their
expiration upon the payment of accumulated unpaid fees and of a penalty in an
amount to be determined by the
licensing
board. A certificate of registration which has been expired for a period of
greater than four years shall be automatically revoked.
(c)
The
division
director shall give notice by mail to each person holding a certificate of
registration under this chapter of the date of the expiration of the certificate
of registration and the amount of the fee required for renewal, at least one
month prior to the expiration date; but the failure to receive such notice shall
not avoid the expiration of any certificate of registration not renewed in
accordance with this Code section.
43-15-18.
(a)
In the case of a registered professional engineer, the certificate of
registration shall authorize the practice of professional engineering. In the
case of a registered land surveyor, the certificate of registration shall
authorize the practice of land surveying. A certificate of registration shall
show the full name of the registrant, shall have a serial number, and shall be
signed by the
chairman of
the board and the division director under the seal of the
board
director.
(b)
The issuance of a certificate of registration
by the
board shall be evidence that the person
named therein is entitled to all the rights and privileges of a registered
professional engineer or a registered land surveyor, as the case may be,
as
so
long as the certificate remains unrevoked, unexpired, or unaffected by other
discipline imposed by the
board
director.
43-15-19.
(a)
The
board
director
shall have the power,
after
notice and hearing
in compliance
with Code Section 43-1-3.1, to deny any
application
made to
it, to revoke or suspend any certificate
or certificate of registration issued
by
it, or to reprimand any person holding a
certificate or certificate of registration issued
by
it, upon the following
grounds:
(1)
Commission of any fraud or deceit in obtaining a certificate or certificate of
registration;
(2)
Any gross negligence, incompetency, or unprofessional conduct in the practice of
professional engineering or land surveying as a registered professional engineer
or land surveyor;
(3)
Affixing a seal to any plan, specification, plat, or report contrary to Code
Section 43-15-22;
(4)
Conviction of a felony or crime involving moral turpitude in the courts of this
state, the United States, or of any state or territory of the United States or
the conviction of an offense in another jurisdiction which, if committed in this
state, would be deemed a felony. 'Conviction' shall include a finding or
verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal
proceeding, regardless of whether the adjudication of guilt or sentence is
withheld or not entered thereon pursuant to Article 3 of Chapter 8 of Title 42
or any comparable rule or statute; or
(5)
Any violation of this chapter or any rule or regulation promulgated by the
licensing
board pursuant to the powers conferred on it by this chapter.
(b)
'Unprofessional conduct,' as referred to in paragraph (2) of subsection (a) of
this Code section, includes a violation of those standards of professional
conduct for professional engineers and land surveyors adopted by the
licensing
board pursuant to the power conferred upon it to promulgate rules and
regulations to effectuate the duties and powers conferred on it by this
chapter.
(c)
Any order or action of the director based on a violation of this Code section
shall be made in compliance with Code Section 43-1-3.1.
43-15-20.
(a)
The
board
director,
in
its
his or
her sole discretion, may reissue a
certificate or a certificate of registration to any person whose certificate or
certificate of registration has been revoked or may terminate any suspension
imposed by
it upon the affirmative vote of a majority of the members of the board
and upon the payment of a fee prescribed
by the
licensing
board.
(b)
A new certificate or certificate of registration to replace any certificate
lost, destroyed, or mutilated may be issued subject to the rules of the
licensing
board upon the payment of a fee prescribed by the
licensing
board.
43-15-21.
(a)
The board,
or its delegate
director,
in
its
his or
her sole discretion, may issue a temporary
permit to a person who is not a resident of and who has no established place of
business in this state, or who has recently become a resident
thereof,
to permit him
or
her, in accordance with the conditions of
the temporary permit, to practice or offer to practice engineering in this state
if:
(1)
An application for a certificate of registration has been filed with the
board
director
and the fee required by this chapter has been paid;
(2)
The applicant is legally qualified to practice such profession in the state or
country of the applicant's residence or former residence; and
(3)
The requirements and qualifications for obtaining a certificate of registration
in that jurisdiction are not lower than those specified in this
chapter.
(b)
An application under subsection (a) of this Code section shall be made to the
board
director
in writing, containing such information and in the form and manner as shall be
prescribed by the
licensing
board.
(c)
The temporary permit shall continue only for such time as the
board
director
requires for the consideration of the application for registration. The
temporary permit shall contain such conditions with respect to the scope of the
permission granted as the
board
director
deems necessary or desirable.
(d)
Plans, specifications, plats, and reports issued by a person holding a temporary
permit shall bear his
or
her signature and a stamp containing his
or
her name, business address, and 'Georgia
Professional Engineer Temporary Permit No. ____.' The signature and stamp shall
be affixed only in accordance with the requirements of subsection (b) of Code
Section 43-15-22.
(e)
A person who has obtained a temporary permit and practices in accordance
therewith is deemed to be a professional engineer for purposes of this chapter,
but a temporary permit shall not be deemed to be a registration under any
provision of this chapter, including, by way of illustration and not limitation,
Code Section 43-15-23.
43-15-22.
(a)
Every engineer and land surveyor registered under this chapter shall, upon
receipt of a certificate of registration, obtain a seal of the design authorized
by the
licensing
board, bearing the registrant's name, certificate number, and the legend
'Registered Professional Engineer,' or 'Registered Land Surveyor,' in accordance
with the certificate of registration.
(b)
Plans, specifications, plats, and reports issued by a registrant shall be
stamped or sealed and countersigned by the registrant; but it shall be unlawful
for the registrant or any other person to stamp or seal any document with such
seal after the certificate of the registrant named thereon has expired, or has
been revoked, or during the period of any suspension imposed by the
licensing
board or the
director. No plans, specifications,
plats, or reports shall be stamped with the seal of a registrant unless such
registrant has personally performed the engineering or land surveying work
involved or, when the registrant has not personally performed the engineering or
land surveying work reflected in any plan, specification, plat, or report, such
registrant has affixed his or her seal thereto only if such document has been
prepared by an employee or employees under the registrant's direct supervisory
control on a daily basis and after the registrant has thoroughly reviewed the
work embodied in such document and has satisfied himself or herself completely
that such work is adequate.
(c)
No registrant shall affix his
or
her seal to any plan, specification, plat,
or report unless he
or
she has assumed the responsibility for the
accuracy and adequacy of the work involved.
(d)
Any registrant who has affixed his or her seal to any plan, specification, plat,
or report prepared by another person not under the registrant's direct
supervisory control on a daily basis, and without having thoroughly reviewed
such work, shall be deemed to have committed a fraudulent act of misconduct in
the practice of professional engineering or land surveying.
43-15-23.
(a)
The practice of or offer to practice professional engineering, as defined in
this chapter, by individual professional engineers registered under this chapter
through a firm, corporation, professional corporation, partnership, association,
or other entity offering engineering services to the public or by a firm,
corporation, professional corporation, partnership, association, or other entity
offering engineering services to the public through individual registered
professional engineers as agents, employees, officers, members, or partners is
permitted subject to the provisions of this chapter; provided, however, that one
or more of the principals, officers, members, or partners of said firm,
corporation, professional corporation, partnership, association, or other entity
and all personnel of such firm, corporation, partnership, association, or entity
who act in its behalf as professional engineers in this state shall be
registered as provided in this chapter; and
further
provided,
further, that said firm, corporation,
professional corporation, partnership, association, or entity has been issued a
certificate of authorization by the
board
director
as provided in this chapter.
(b)
A firm, corporation, professional corporation, partnership, association, or
other entity desiring a certificate of authorization shall file with the
board
director
an application upon a form to be prescribed by the
licensing
board and accompanied by the registration fee prescribed by the
licensing
board.
(c)(1)
A corporation or professional corporation shall file with the
board
director,
using a form provided by the
licensing
board, the names and addresses of all officers and board members of the
corporation, including the principal officer or officers duly registered to
practice professional engineering in this state and of an individual or
individuals duly registered to practice professional engineering within this
state who shall be in responsible charge of the practice of professional
engineering in this state by
said
such
corporation.
(2)
A partnership shall file with the
board
director,
using a form provided by the
licensing
board, the names and addresses of all partners of the partnership, including the
partner or partners duly registered to practice professional engineering in this
state and of an individual or individuals duly registered to practice
professional engineering in this state who shall be in responsible charge of the
practice of professional engineering in this state by
said
such
partnership.
(3)
Any firm, limited liability company, association, or entity which is not a
corporation, professional corporation, or partnership shall file with the
board
director,
using a form
provided
prescribed
by the
licensing
board, the names and addresses of all principals or members of the firm,
association, or entity duly registered to practice professional engineering in
this state who shall be in responsible charge of the practice of professional
engineering in this state by
said
such
firm, association, or other entity.
(4)
The forms provided in paragraphs (1) through (3) of this subsection must
accompany a biennial renewal fee prescribed by the
licensing
board. In the event there shall be a change in any of these persons, such
change shall be designated on the same form and filed with the
board
director
by the firm, corporation, professional corporation, partnership, association, or
entity within 30 days after the effective date of the change.
(d)(1)
After all of the requirements of this Code section have been complied with, the
board
director
shall issue to such firm, corporation, professional corporation, partnership,
association, or other entity a certificate of authorization.
(2)
The
board
director
may refuse to issue a certificate if any facts exist which would entitle the
board
director
to suspend or revoke an existing certificate or if the
board
director
shall determine that any of the officers, directors, principals, members,
agents, or employees of the entity to be licensed are not persons of good
character.
The refusal to
issue a certificate shall not be considered a contested case within the meaning
of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and
notice and hearing within the meaning of Chapter 13 of Title 50 shall not be
required, but the applicant shall have the right to a hearing before the
licensing board as provided in Code Section 43-1-3.1.
43-15-23.1.
(a)
The practice of or offer to practice land surveying, as defined in this chapter,
by individual land surveyors registered under this chapter through a firm,
corporation, professional corporation, partnership, association, or other entity
offering land surveying services to the public or by a firm, corporation,
professional corporation, partnership, association, or other entity offering
land surveying services to the public through individual registered land
surveyors as agents, employees, officers, members, or partners is permitted
subject to the provisions of this chapter; provided, however, that one or more
of the principals, officers, members, or partners of said firm, corporation,
professional corporation, partnership, association, or other entity and all
personnel of such firm, corporation, professional corporation, partnership,
association, or entity who act in its behalf as land surveyors in this state
shall be registered as provided in this chapter; and
further
provided,
further, that
said
such
firm, corporation, professional corporation, partnership, association, or entity
has been issued a certificate of authorization by the
board
director
as provided in this chapter.
(b)
A firm, corporation, professional corporation, partnership, association, or
other entity desiring a certificate of authorization shall file with the
board
director
an application upon a form to be prescribed by the
licensing
board and accompanied by the registration fee prescribed by the
licensing
board.
(c)(1)
A corporation or professional corporation shall file with the
board
director,
using a form provided by the
licensing
board, the names and addresses of all officers and board members of the
corporation, including the principal officer or officers duly registered to
practice land surveying in this state and of an individual or individuals duly
registered to practice land surveying within this state who shall be in
responsible charge of the practice of land surveying in this state by
said
such
corporation.
(2)
A partnership shall file with the
board
director,
using a form provided by the
licensing
board, the names and addresses of all partners of the partnership, including the
partner or partners duly registered to practice land surveying in this state and
of an individual or individuals duly registered to practice land surveying in
this state who shall be in responsible charge of the practice of land surveying
in this state by
said
such
partnership.
(3)
Any firm, limited liability company, association, or entity which is not a
corporation, professional corporation, or partnership shall file with the
board
director,
using a form provided by the
licensing
board, the names and addresses of all principals or members of the firm,
association, or entity duly registered to practice land surveying in this state
who shall be in responsible charge of the practice of land surveying in this
state by
said
such
firm, association, or other entity.
(4)
The forms provided in paragraphs (1) through (3) of this subsection must
accompany a biennial renewal fee prescribed by the
licensing
board. In the event there shall be a change in any of these persons, such
change shall be designated on the same form and filed with the
board
director
by the firm, corporation, professional corporation, partnership, association, or
entity within 30 days after the effective date of the change.
(d)(1)
After all of the requirements of this Code section have been complied with, the
board
director
shall issue to such firm, corporation, professional corporation, partnership,
association, or other entity a certificate of authorization.
(2)
The
board
director
may refuse to issue a certificate if any facts exist which would entitle the
board
director
to suspend or revoke an existing certificate or if the
board
director
shall determine that any of the officers, directors, principals, members,
agents, or employees of the entity to be licensed are not persons of good
character.
The refusal to
issue a certificate shall not be considered a contested case within the meaning
of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and
notice and hearing within the meaning of Chapter 13 of Title 50 shall not be
required, but the applicant shall have the right to a hearing before the
licensing board as provided in Code Section 43-1-3.1.
(3)
Every firm, partnership, corporation, or other entity which performs or offers
to perform surveying services shall have a resident registered land surveyor in
responsible charge in each separate branch office in which surveying services
are performed or offered to be performed. A resident means a registrant who
spends the majority of his or her normal working time at his or her place of
business. The registrant can be the resident licensee at only one place of
business at one time.
43-15-24.
(a)
It shall be unlawful for this state or any of its political subdivisions such as
a county, municipality, or school district, or agencies thereof, or for any
private or commercial entity to engage in the construction of any work or
structures involving professional engineering which by the nature of their
function or existence could adversely affect or jeopardize the health, safety,
or welfare of the public unless the plans and specifications have been prepared
under the direct supervision or review of and bear the seal of, and the
construction is executed under the direct supervision of or review by, a
registered professional engineer or architect.
(b)
Nothing in this Code section shall be held to apply to any construction,
including alterations, of which the completed cost is less than $100,000.00 or
which is used exclusively for private or noncommercial purposes, or to private
residences, or to noncommercial farm buildings, or to residence buildings not
exceeding two stories in height, excluding basements.
(c)
Any county, municipality, or other governing body in this state that issues
building permits is required to maintain a permanent record of the permit
application and issuance
thereon,
which record shall indicate
indicating
the name of the professional engineer or architect, if any,
that
who
has sealed the plans, specifications, plats, or reports pursuant to which
said
such
building permit is issued,
said
such
record to include details on the size, type of building or structure, use for
said
such
building or structure, and estimated cost of construction.
43-15-25.
(a)
Any person may
prefer
proffer
charges of fraud, deceit, gross negligence, incompetency, or unprofessional
conduct against any person holding a certificate or certificate of registration.
Such charges shall be in writing, shall be sworn to by the person making them,
and shall be filed with the
board
director.
(b)
All such charges, unless dismissed by the
board
director
as unfounded or trivial, shall be acted upon by the
board
director.
43-15-26.
(a)
After
notice and hearing, the board
The
director may issue an order prohibiting
any person from violating Code Section 43-15-7 and may fine such person at least
$100.00 but not more than $5,000.00 per violation.
(b)
The violation of any order of the
board
director
issued under subsection (a) of this Code section shall subject the person
violating the order to an additional civil penalty not in excess of $100.00 for
each transaction constituting a violation of such order. The
board
director
may maintain an action in the superior courts of this state
in its own
name to recover the penalties provided for
in this Code section.
(c)
An order of the director issued under this Code section shall be made in
compliance with Code Section 43-1-3.1.
43-15-27.
(a)
It shall be the duty of all duly constituted law enforcement officers of this
state and of the political subdivisions of this state to enforce this chapter
and to prosecute any person violating this chapter.
(b)
The Attorney General or his
or
her designated assistant shall
act as
legal adviser to the board and render
such legal assistance
upon request
of the director or the licensing board as
may be necessary in carrying out this chapter.
(c)
Except as provided in Code Section 25-2-14, it shall be the duty of all public
officials charged with the responsibility of enforcing codes related to
construction to require compliance with Code Section 43-15-24 before engineering
plans, drawings, and specifications are approved by construction. Except as
provided in Code Section 25-2-14, no construction which is subject to Code
Section 43-15-24 and which requires the service of an engineer shall be built
without such approval prior to construction.
43-15-28.
The
board
director
shall exercise the powers and duties conferred upon
it
him or
her in accordance with
Chapter 13
of Title 50, the 'Georgia Administrative Procedure
Act.'
this chapter
and Chapter 1 of this title.
43-15-29.
(a)
Nothing in this chapter shall be construed as excluding a qualified architect
registered in this state from such engineering practice as may be incident to
the practice of his
or
her profession or as excluding a
professional engineer from such architectural practice as may be incident to the
practice of professional engineering.
(b)
The following persons shall be exempt from this chapter:
(1)
A person working as an employee or a subordinate of a person holding a
certificate of registration under this chapter or an employee of a person
practicing lawfully under Code Section 43-15-21, provided such work does not
include final design decisions and is done under the supervision of, and
responsibility therefor is assumed by, a person holding a certificate of
registration under this chapter or a person practicing lawfully under Code
Section 43-15-21;
(2)
Officers and employees of the government of the United States while engaged
within this state in the practice of professional engineering or land surveying
for such government;
(3)
All
elective
elected
officers of the political subdivisions of
the
this
state while in the practice of professional engineering or land surveying in the
performance of their official duties; and
(4)
Officers and employees of the Department of Transportation, except as required
by Title 46, while engaged within this state in the practice of professional
engineering or land surveying for such department.
(c)
This chapter shall not be construed as requiring registration for the purpose of
practicing professional engineering or land surveying by an individual, firm, or
corporation on property owned or leased by such individual, firm, or corporation
unless the same involves the public safety or public health or for the
performance of engineering which relates solely to the design or fabrication of
manufactured products.
(d)
This chapter shall not be construed to prevent or affect the practice of
professional engineering and land surveying with respect to utility facilities
by any public utility subject to regulation by the Public Service Commission,
the Federal Communications Commission, the Federal Power Commission, or like
regulatory agencies, including its parents, affiliates, or subsidiaries; or by
the officers and full-time permanent employees of any such public utility,
including its parents, affiliates, or subsidiaries, except where such practice
involves property lines of adjoining property owners, provided that this
exception does not extend to any professional engineer or land surveyor engaged
in the practice of professional engineering or land surveying whose compensation
is based in whole or in part on a fee or to any engineering services performed
by the above-referenced utility companies not directly connected with work on
their facilities.
(e)
This chapter shall not be construed to affect the lawful practice of a person
acting within the scope of a license granted by the state under any other
law.
43-15-30.
(a)
Any person who violates Code Section 43-15-7 shall be guilty of a
misdemeanor.
(b)
Any person presenting or attempting to use as his
or
her own the certificate of registration or
the seal of another obtained under this chapter shall be guilty of a
misdemeanor.
(c)
Any person who gives any false or forged evidence of any kind to the
board or to
any member thereof
director
in obtaining a certificate or certificate of registration shall be guilty of a
misdemeanor.
(d)
Any person who falsely impersonates any other registrant or any person who
attempts to use an expired or revoked certificate of registration shall be
guilty of a misdemeanor.
(e)
Each day or occurrence shall be considered a separate offense.
(f)
Any person offering services to the public who uses by name, verbal claim, sign,
advertisement, directory listing, or letterhead the words 'Engineer,'
'Engineers,' 'Professional Engineering,' 'Engineering,' or 'Engineered' shall be
guilty of a misdemeanor unless
said
such
person has complied with the provisions of this chapter."
SECTION
1-19.
Said
title is further amended by revising Chapter 18, relating to funeral directors
and establishments, embalmers, and crematories, as follows:
"CHAPTER
18
ARTICLE 1
Part 1
ARTICLE 1
Part 1
43-18-1.
As
used in this article, the term:
(1)
'Alternative container' means any receptacle or enclosure which is of sufficient
strength to be used to hold and to transport a dead human body.
(2)
'Apprentice' means a person who practices embalming, funeral directing, or both,
under the direct supervision of a funeral director, embalmer, or both, in this
state.
(3)
'Board' means the State Board of Funeral
Service, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(4)
'Casket' means a container which is designed for the encasement and viewing of a
dead human body.
(5)
'Cremation' means the reduction of the dead human body to residue by intense
heat.
(6)
'Crematory' means any place where cremation is performed, other than a hospital,
clinic, laboratory, or other facility authorized by the Department of Community
Health for such purposes.
(7)
'Direct supervision' means that the embalmer, funeral director, or both, are
present overseeing the activities of the apprentice.
(7.1)
'Director' means the director of professional licensing.
(8)
'Embalmer' means a person who practices embalming or uses in connection with
that person's name the words 'embalmer,' 'licensed embalmer,' 'undertaker,' or
'mortician' or offers or holds himself or herself out as offering such
services.
(9)
'Final disposition' means the final disposal of a dead human body whether it is
by, but not limited to, earth interment, above-ground interment, cremation,
burial at sea, or delivery to a medical institution for lawful dissection if the
medical institution assumes responsibility for disposal.
(10)
'Funeral' or 'funeral services' means the observances, services, or ceremonies
held for dead human bodies.
(11)
'Funeral director' means a person who practices funeral directing or uses in
connection with that person's name or with a picture of that person the words
'funeral director,' 'licensed funeral director,' 'undertaker,' or 'mortician' or
offers or holds himself or herself out as offering such services.
(12)
'Funeral director in full and continuous charge' means a funeral director who is
approved by the
board
director
to assume full responsibility for the operations of a particular funeral
establishment and who shall ensure that
said
such
establishment complies with this article and with all rules promulgated pursuant
thereto.
(13)
'Funeral establishment' means a place where embalming or funeral directing is
practiced and which is open to the public and transacting business relating to
funeral services.
(14)
'Funeral merchandise' means the goods that may only be sold or offered for sale
by a funeral director working in a funeral establishment and includes, but is
not limited to, a casket or alternative container, but does not include an outer
burial container or cemetery marker.
(15)
'Funeral service contract' means a written or oral agreement between a funeral
director or funeral establishment and a legally authorized person for the
embalming, funeral, or final disposition of a dead human body.
(16)
'Legally authorized person' means the deceased's surviving spouse, a son or
daughter who is 18 years of age or older; the deceased's parent, a brother or
sister who is 18 years of age or older; any other person who is 18 years of age
or older and who is in the next degree of kinship to the deceased; the
deceased's guardian or personal representative; or a public health
officer.
(16.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(17)
'Outer burial container' means an enclosure into which a casket is placed,
including, but not limited to, a vault made of concrete, steel, fiberglass, or
copper, a sectional concrete enclosure, a crypt, or a wooden
enclosure.
(18)
'Practice of embalming' means disinfecting or preserving or attempting to
disinfect or preserve dead human bodies by replacing certain body fluids with
preserving and disinfecting chemicals.
(19)
'Practice of funeral directing' means making or directing, at need or preneed,
arrangements for the preparation and transportation of dead human bodies for
final disposition and the supervision and direction of all funeral
services.
(20)
'Retort' means a furnace where dead human bodies are cremated.
(21)
'Soliciting' means the making of any uninvited contact with another person by a
funeral director or by a funeral director's agent, assistant, employer, or
employee for the purpose of the sale of funeral services or merchandise but
shall not mean any advertising which is directed to the public in
general.
43-18-2.
It
is declared that this article shall be deemed an exercise of the health powers
of the state for the prevention of the spread of infectious, communicable, and
contagious diseases and for the protection of the sanitation, health, and
welfare of the people of this state; and that all of this article and the
regulations authorized to be made pursuant to it are necessary to effectuate its
purpose.
43-18-3.
(a)
It shall be unlawful for any person to engage in the practice of embalming or to
represent to the public that such person is an embalmer, mortician, or
undertaker without first complying with this article.
(b)
It shall be unlawful for any person to engage in the business or profession of
funeral directing or to represent to the public that such person is a funeral
director, undertaker, or mortician without first complying with this
article.
(c)
Any person who actively engages or participates in any way in the business or
profession of funeral directing shall be considered to be practicing as a
funeral director and must be a licensed funeral director under the terms of this
article.
43-18-4.
The
practice of embalming or funeral directing, as defined in this article, is
declared to be a business or profession affecting the public interest and
involving the health and safety of the public. Such practice by a person who is
not licensed to practice in this state is declared to be a public nuisance; and
any citizen of this state, the
board
director,
or the appropriate prosecuting attorney where such practice is carried on by
such unlicensed person may, on behalf of the public, bring an action in the
superior court of the county where such nuisance exists or is carried on to
restrain and abate the same. On satisfactory proof to the judge of the superior
court that such illegal practice or business of funeral directing or embalming
is being carried on, the judge shall issue a temporary injunction against the
party or parties operating such practice or business until they have qualified
and been licensed under the terms of this article.
43-18-5.
(a)
It shall be unlawful for any person, firm, or corporation or any officer, agent,
or employee of such person, firm, or corporation to practice or hold out to the
public that such person, firm, or corporation as practicing embalming or funeral
directing, or to act as an embalmer or funeral director, or to assist in so
doing as an apprentice, without having complied with this article, or to
practice embalming or funeral directing without having paid the fee for license
renewal prior to the expiration of that license as provided for in this
article.
(b)
Any person, firm, or corporation
who
that
has control of a funeral establishment or crematory and fails to obtain
licensure as required by this article, upon conviction thereof, may be fined not
less than $100.00 nor more than $500.00 for each violation. Each day that the
funeral establishment or crematory is operated in violation of this article
shall be deemed to be a separate and distinct offense.
(c)
Any persons representing themselves as an embalmer or funeral director without
having first complied with this article shall be deemed and considered guilty of
practicing without a license and the use of these terms shall be prima-facie
evidence of guilt.
(d)
It shall be unlawful for any person, firm, or corporation or any officer, agent,
or employee of such person, firm, or corporation engaged in the funeral or
crematory business to give, or contract to give, either directly or indirectly,
any reward, commission, compensation, or anything of value to any person, firm,
or corporation for the purpose of, or as an inducement to, such person, firm, or
corporation to persuade or induce any person to use or employ such funeral
director or embalmer in or about the preparation for burial or conducting the
burial of any deceased person.
(e)
It shall be unlawful for any funeral director, embalmer, firm, or corporation,
or any officer, agent, or employee of such person, firm, or corporation engaged
in the funeral business for compensation or otherwise to influence, or attempt
to influence, by persuasion, argument, or suggestion, the family or friends of
any deceased person as to where the body should or should not be
buried.
(f)
It shall be unlawful for any funeral establishment, funeral director, or
embalmer to refuse to release a dead human body to a legally authorized person
upon request of that person, but the release of such body shall not constitute a
release of any indebtedness or other claim owed for any services performed on
that body by the person or entity releasing that body.
(g)
Accredited colleges of funeral service and those otherwise approved by the
licensing
board are authorized to perform on-campus embalming operations subject to
satisfying inspection standards as established by the
licensing
board. Nothing in this article shall require any person who is currently
enrolled full time or part time in a program at an accredited college of funeral
service or such other college as provided by rule to be licensed or registered
as provided in this article when obtaining practical training in embalming or
funeral directing under the supervision of a licensed embalmer, funeral
director, or both, at such college or at a funeral establishment; provided,
however, that any licensed embalmer, funeral director, or both, who supervise
such student shall be responsible for the acts of such student.
43-18-6.
Any
person, firm, or corporation or any officer, agent, or employee of such person,
firm, or corporation who violates this article shall be guilty of a
misdemeanor.
43-18-7.
Reserved.
43-18-8.
(a)(1)
The funeral director or person in charge of final disposition of a dead body
shall, prior to the interment or cremation of such dead body, affix on the ankle
or wrist of the deceased a tag of durable, noncorroding material permanently
marked with the name of the deceased, the date of death, the social security
number of the deceased, the county and state of death, and the serial number of
any prosthesis removed from the dead body by the funeral establishment or
crematory.
(2)
No funeral director in charge of a crematory shall permit any dead body to be on
the premises of the crematory without the dead body being identified as provided
by this subsection, except when the body is placed in the retort; and the tag
shall be removed from the body and kept in a regular location near the retort
during cremation and thereafter placed atop the cremated remains on the inside
of the vessel and any liner therein. The vessel containing cremated remains
shall be plainly labeled on the outside so as to identify the deceased with the
same information, excluding social security number, as is required to be on the
tag inside the vessel and so as to identify the name of the person or firm to
which such remains are to be delivered or released.
(3)
Tags and labels used for purposes of this subsection shall be in such standard
forms as prescribed by the
licensing
board. If the religious faith of the deceased prohibits such means of
identification, alternative means of identification of the body may be
used.
(b)
A crematory may deliver or release cremated remains to a funeral establishment
or a legally authorized person. The funeral director in charge of a crematory
shall provide to the funeral establishment or legally authorized person to whom
cremated remains are delivered or released, at the time of such delivery or
release, a written statement, on such standard form as prescribed by the
licensing
board, signed and verified by such funeral director before a person authorized
to administer oaths and attesting that the vessel contains substantially the
remains of the deceased identified in accordance with subsection (a) of this
Code section.
(c)
No funeral establishment shall accept or take delivery of any cremated remains
from any crematory unless the vessel containing such remains is labeled as
required by paragraph (2) of subsection (a) of this Code section and is
accompanied by the affidavit required by subsection (b) of this Code section,
which
and
the vessel and affidavit shall be provided
by the funeral establishment to a legally authorized person upon delivery or
release of the cremated remains.
Part
2
ARTICLE 2
ARTICLE 2
43-18-20.
The
State Board of Funeral Service existing immediately prior to April 11, 1990, is
continued in existence
as a
professional licensing policy board as defined in Chapter 1 of this
title and shall be constituted as provided
in this article with the powers, duties, and authority vested in such board by
this article.
43-18-21.
(a)
The board shall consist of six members who shall be licensed and practicing
funeral directors and embalmers with a minimum of five years as such in this
state immediately preceding their appointment and one member who shall have no
connection whatsoever with the funeral service industry but who shall have a
recognized interest in consumer affairs and in consumer protection
concerns.
(b)
The members of the board shall be appointed by the Governor for terms of office
of six years and all vacancies occurring on the board shall be filled by the
Governor. When an appointment is made to fill a vacancy caused by death or
resignation of a member, such appointment shall be for the remainder of the
unexpired term of the member whose death or resignation caused the vacancy so
filled.
(c)
A majority of the members of the board may remove any member who misses three or
more consecutive regular meetings of the board without a medical reason and may
declare that position on the board to be vacant. A member so removed shall not
be eligible for reappointment until the expiration of the term of office for
which such person was serving. The Governor shall have the power to remove from
office any member of the board for willful neglect of duty or for conviction of
a crime involving moral turpitude.
(d)
Those persons serving as members of the board immediately prior to April 11,
1990, shall continue to serve out the respective terms of office for which they
were appointed and until their respective successors are appointed and
qualified.
43-18-22.
(a)
The board shall each year elect from its members a president whose term shall be
one year and who shall serve during the period for which elected and until a
successor shall be elected.
(b)
The board shall meet at least once in each year and more often as the proper and
efficient discharge of its duties may require.
(c)
Each member of the board shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
(d)
No board inspector shall own, operate, or be employed by any funeral
establishment or crematory, or perform any services on behalf thereof without
prior approval by the board and the
division
director. However, this shall not prohibit any board member from acting as an
inspector as authorized in this article.
43-18-23.
(a)
For the purpose of better protection of life and health, preventing the spread
of contagious, communicable, and infectious diseases, and regulating the
practice of embalming and funeral directing and the care and disposition of dead
human bodies, the
licensing
board is authorized:
(1)
To prescribe a standard of proficiency as to the qualifications and fitness of
those engaged in and who may engage in the practice of embalming or funeral
directing and the care and disposition of dead human bodies;
(2)
To revoke
the license of any embalmer or funeral director for incompetency, conviction of
a crime involving moral turpitude, violation of this article, failure to observe
the standards of proficiency or rules and regulations promulgated by the board,
or any other cause as provided in this article;
(3)
To fix and prescribe rules and regulations governing the business or profession
of funeral directing and the business or profession of embalming;
(4)(3)
To fix and prescribe standards of sanitation to be observed in the embalming of
dead human bodies or cremation of dead human bodies;
(5)(4)
To regulate and control the business or profession of funeral directing or
embalming;
(6)(5)
To fix and prescribe minimum standards of general appearance of funeral
establishments or crematories;
(7)
To adopt a common seal; and
(8)(6)
To make and promulgate rules and regulations not inconsistent with the laws of
this state for the regulation of such board and for the practice of embalming
and funeral directing within this state. All rules and regulations of the board
existing immediately prior to April 11, 1990, which are not inconsistent with
this article shall continue in effect until repealed, amended, or otherwise
changed by the
licensing
board.;
and
(7)
To conduct hearings upon the petition of any person who is aggrieved or
adversely affected by an order or action of the director, which shall be
conducted by the licensing board in accordance with Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.'
(b)
The director shall implement the rules and regulations adopted by the licensing
board and is authorized to revoke the license of any embalmer or funeral
director for incompetency, conviction of a crime involving moral turpitude,
violation of this article, failure to observe the standards of proficiency or
rules and regulations promulgated by the licensing board, or any other cause as
provided in this article. An order of the director revoking a license of an
embalmer or funeral director as provided in this article shall be made in
compliance with Code Section 43-1-3.1.
Part
3
ARTICLE 3
ARTICLE 3
43-18-40.
Any
person desiring to engage in the practice of embalming or in the business or
practice of funeral directing and who has not been licensed to do so shall make
written application
to the
board through
to
the
division
director for such license. Such application shall be upon such form and shall
be submitted in such manner as shall be prescribed by the
licensing
board and the applicant shall pay such fee as may be fixed by the
licensing
board. Before being issued a license to practice funeral directing or embalming
in this state, all applicants shall pass an examination approved by the
licensing
board which tests their qualifications and skill in either funeral directing or
embalming, or both, as the case may be; and such examination shall be made in
the manner provided for in this article and by the
licensing
board through rules and regulations.
43-18-41.
(a)
Each applicant for a license as either an embalmer or a funeral director
shall:
(1)
Be at least 18 years of age;
(2)
Be of good moral character; and
(3)
Have graduated from a high school or have earned a general education development
certificate.
(b)
In addition to the qualifications set out in subsection (a) of this Code
section, an applicant for an embalmer's license shall:
(1)
Have graduated from a program at an accredited college of funeral service or
such other college as provided by
licensing
board rule; and
(2)
Have completed a minimum of 3,120 hours, pursuant to rules and regulations of
the
licensing
board, of service as an apprentice as provided in Code Sections 43-18-50 through
43-18-54.
(c)
In addition to the qualifications set out in subsection (a) of this Code
section, an applicant for a funeral director's license shall have, prior to the
issuance of said license, a valid embalmer's license; shall furnish an affidavit
which lists the names of the 50 funerals at which the apprentice assisted as
provided in Code Section 43-18-50; and, effective January 1, 1991, must pass an
examination approved by the
licensing
board which tests knowledge of the law of this state relating to funeral
directors.
(d)
An individual who has met the educational requirement specified in paragraph (1)
of subsection (b) of this Code section shall be eligible to take the section of
the examination for embalmer relating directly to scholastic training without
waiting until such individual meets the additional requirements for licensure
specified in paragraph (2) of said subsection; provided, however, that such
individual must submit a proper application
to the
director and pay the required fees as
determined by the
licensing
board. An applicant for licensure as an embalmer who
shall
have
has
successfully completed the section of the examination for embalmer relating
directly to scholastic training shall have no status as an embalmer until such
applicant meets all other requirements for licensure as outlined in this article
and has received a license as an embalmer from the
board
director.
43-18-42.
(a)
The
board
director
may, in
its
his or
her discretion and in accordance with
regulations adopted by the
licensing
board, grant to any person licensed in another state, territory, country, or
District of Columbia full privileges to engage in equivalent practice authorized
by this article without taking a national examination if:
(1)(A)
On or after January 1, 1991, such person successfully passes an examination
approved by the
licensing
board which tests knowledge of the law of this state relating to funeral
directors; and
(B)
Such person satisfied in another state, territory, country, or District of
Columbia the requirements for licensure which are:
(i)
In effect in Georgia on the date of application; or
(ii)
Substantially equal to the requirements for a similar license in Georgia;
or
(2)
Such person seeking a license pursuant to this Code section has engaged in the
active practice of funeral service as a licensed funeral director and embalmer
for three years immediately preceding his or her application for a license in
Georgia.
(b)
Nothing in this Code section shall be construed to prevent an applicant denied
pursuant to this Code section from taking the examination for licensure pursuant
to this article if that applicant otherwise meets the qualifications set out in
Code Section 43-18-41.
43-18-43.
(a)
Each license issued by the
board
director
shall expire biennially.
(b)
If the licensee desires a renewal of such license, the
board
director
shall grant and issue the same without further examination upon application
therefor and upon the payment of a renewal fee to be fixed by the
licensing
board.
43-18-44.
Each
person or establishment
who
that
receives a renewal license, wall certificate, or apprentice registration under
this article shall display such renewal license, wall certificate, or apprentice
registration in a conspicuous place in that person's or establishment's
principal office or place of business.
43-18-45.
All
funeral director and embalmer licenses and apprentice registrations issued under
this article shall apply only to the person receiving same and shall not be
transferred or assigned.
43-18-46.
(a)
In addition to the authority provided in Code Section 43-1-19, the
board
director
may refuse to grant a license to operate a funeral establishment or to practice
embalming or funeral directing, may refuse to grant a registration to serve as
an apprentice, or may revoke, suspend, fine, or otherwise discipline a licensee
or registrant upon any of the following grounds:
(1)
The employment of fraud or deception in applying for a license or registration
or in passing the examination provided for in this article;
(2)
Issuance of a license or registration through error;
(3)
Conviction of a crime involving moral turpitude;
(4)
The practice of embalming or funeral directing under a false name or the
impersonation of another embalmer, funeral director, or apprentice of a like or
different name;
(5)
The making of a false statement or representation regarding the qualifications,
training, or experience of any applicant;
(6)
The making of a misrepresentation of any kind regarding any funeral
merchandise;
(7)
Directly or indirectly, by gifts or otherwise, committing the offense of buying
business or paying a commission or making gifts, directly or indirectly, for the
purpose of securing business to any physician or hospital, or to any institution
where death occurs, or to any hospital superintendent, nurse, intern, or
employee of any hospital, nursing home, or other institution where death occurs;
or to any coroner or other government official;
(8)
Gross or willful malpractice or gross neglect in the practice of embalming,
funeral directing, or cremating;
(9)
Signing a death certificate as having embalmed or prepared a body for burial or
preservation when in fact someone else performed such embalming or
preparation;
(10)
Interfering, either directly or indirectly, with a licensed embalmer or funeral
director having legal charge of a dead human body;
(11)
Using any statements that mislead or deceive the public including, but not
limited to, false or misleading statements regarding a legal or cemetery
requirement, funeral merchandise, funeral services, or in the operation of a
funeral establishment;
(12)
Failing to fulfill the terms of a funeral service contract;
(13)
Disregarding a decedent's dignity, right to privacy, or right to confidentiality
unless compelled by law to do otherwise;
(14)
Using profane, indecent, or obscene language in the presence of a dead human
body, or within the immediate hearing of the family or relatives of a deceased,
whose body has not yet been interred or otherwise disposed;
(15)
Failing to turn assigned benefits in excess of charges incurred over to the
assignee of the deceased within ten working days of receipt of the assigned
funds;
(16)
Refusing to surrender promptly the custody of a dead human body upon the express
order of the person lawfully entitled to the custody;
(17)
Failing to have the charges rendered to be in compliance with those listed in
the funeral establishment general price list, the casket price list, the outer
burial container list, or the funeral service contract price list;
(18)
Aiding or abetting an unlicensed person to practice under this
article;
(19)
Promoting or participating in a burial society, burial association, burial
certificate plan, or burial membership plan;
(20)
Soliciting, as defined in
paragraph
(21) of Code Section 43-18-1;
(21)
Presenting a false certification of work done by an apprentice or as an
apprentice;
(22)
Willfully violating any state law or regulation; Federal Trade Commission law or
regulation; Occupational Safety and Health Administration law or regulation;
Department of Public Health law or regulation; Environmental Protection Agency
law or regulation; or municipal or county ordinance or regulation that affects
the handling, custody, care, or transportation of dead human bodies, including,
but not limited to, the disposal of equipment, residual fluids, or medical
wastes;
(23)
Knowingly making any misleading, deceptive, untrue, or fraudulent representation
in the practice of funeral directing or embalming or in any document connected
therewith;
(24)
Discriminating in the provision of services because of race, creed, color,
religion, gender, or national origin;
(25)
Failing to safeguard all personal properties that were obtained from dead human
remains and failing to dispose of same as directed by a legally authorized
person;
(26)
Failing to refund moneys due as a result of overpayment by an insurance company
or other third party;
(27)
Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious
conduct or practice harmful to the
public,
which conduct or practice
that
materially affects the fitness of the licensee or registrant to practice in the
funeral
business,
or is of a nature likely to jeopardize the interest of the general
public,
which;
such conduct or practice need not have
resulted in actual injury to any person or be directly related to the practice
of funeral directing or embalming but shows that the person has committed any
act or omission which is indicative of bad moral character or
untrustworthiness;
unprofessional.
Unprofessional conduct shall also include
any departure from or failure to conform to the minimal reasonable standards of
acceptable and prevailing practice of funeral services;
(28)
Engaging in any practice whereby a person who is both a funeral director and a
coroner or who is both a funeral director and a minister presents that person as
a funeral director to a legally authorized person when death is imminent or
after death occurs prior to when the legally authorized person selects a funeral
director or funeral establishment which will handle the dead human
body;
(29)
Practicing embalming or funeral directing or operating a funeral establishment
or crematory prior to the
board's
director's
having approved an application for licensure; or
(30)
Failing to satisfy the funeral director in full and continuous charge
requirements as set out in Code Section 43-18-71 or funeral establishment
requirements as set out in Code Section 43-18-70.
(b)
An order of the director entered as a result of a violation of subsection (a) of
this Code section shall be entered in compliance with Code Section
43-1-3.1.
43-18-47.
(a)
Upon the presentation before the board of
An order of
the director based on any of the grounds
enumerated in Code Section 43-18-46 or elsewhere in this article for revoking a
license or
registration,
it shall be
the duty of
the board to cause written notice of the time and place of hearing upon the
charge preferred, together with a copy of the charge, to be served upon the
licensee or applicant for license, as the case may be, 20 days before the
hearing
entered in
compliance with Code Section
43-1-3.1.
(b)
The board shall conduct such hearing in accordance with Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act.'
(c)
The board may, upon satisfactory proof that a licensee or registrant has been
guilty of any of the offenses enumerated in Code Section 43-18-46 or elsewhere
in this article revoke a license or registration or may limit or restrict a
license or registration upon a majority vote of the board after a hearing
thereon.
43-18-48.
The
board
director
may refuse to grant a license or registration. Refusal to grant a license or
registration shall not be deemed to be a contested case under Chapter 13 of
Title 50, the 'Georgia Administrative Procedure Act.'
43-18-49.
At
any time after the final termination of the proceeding revoking a license, the
board
director
may, by a
majority vote, issue a new license to a
person affected restoring and conferring all the rights and privileges of and
pertaining to the practice of embalming or funeral directing, as defined and
regulated by this article. Any person desiring a new license shall be held to
the same requirements as are persons who have not previously been licensed as
such in this state.
43-18-50.
(a)
Every person desiring to serve as an apprentice shall make application as a
funeral service apprentice to the
board
director
upon a form
provided
approved
by the
licensing
board. The applicant must be at least 18 years of age and have either graduated
from high school or have a general educational development certificate. The
apprenticeship shall be served at an approved establishment and under the direct
supervision of a funeral director, embalmer, or both. The application must be
verified by oath of applicant and be accompanied by a fee to be established by
the
licensing
board. The application shall be submitted to the
board
director
and may be accepted or rejected by
a majority
of the
board
director.
(b)
An apprenticeship shall be approved for a specific establishment and under a
specific supervising funeral director, embalmer, or both. Any change in
establishment or supervising funeral director, embalmer, or both shall terminate
that apprenticeship and shall require submission of a new
application.
(c)
The total period of apprenticeship shall be 3,120 hours and must be served in a
minimum of 18 months, but the minimum period shall be in addition to the time
required to graduate from a college of funeral service or other college pursuant
to paragraph (1) of subsection (b) of Code Section 43-18-41.
43-18-51.
A
registration of apprenticeship shall be renewable biennially upon payment of the
renewal fee as provided by the
licensing
board but shall not be renewed more than two times. Failure to renew a
registration shall be the same as a revocation and such apprentice may be
reregistered as provided in Code Section 43-18-54. The hours served after a
registration has been revoked will not be carried forth into any subsequent
apprenticeship period.
43-18-52.
All
apprentices shall be under the supervision and control of the
board
director
and shall upon application for licensure submit to the
board
director
proof of having served the required number of hours on forms
provided
approved
by the
licensing
board. After completing the 3,120 hours for apprenticeship within the specified
period, they shall send the last report to the
board
director
regardless of the date. The information contained in the report shall be
certified as correct by the funeral director in full and continuous charge and
by the supervising funeral director and embalmer.
43-18-53.
(a)
The
board
director
may grant leaves of absence for good
cause,
and grant extensions thereof to apprentices registered under the provisions of
this article. However, no credit shall be given for the period during which the
apprentice is on such leave, and no more than an aggregate of four years of such
leave shall be granted to any person. Application for leave of absence and for
extension thereof shall be made by the apprentice upon a form
approved by
the licensing board and provided by the
board
director.
(b)
Upon the termination of a leave of absence or of any extension thereof, if the
apprentice resumes the apprenticeship at the same establishment and under the
same funeral director in full and continuous charge and under the same funeral
director, embalmer, or both, the apprentice shall report to the
board
director
the fact of having so resumed the duties as an apprentice. Such notice must be
certified to by each of the aforementioned funeral directors and embalmers. An
apprentice who fails to provide such notice within 30 days after the end of the
leave of absence may not enter those hours on the apprenticeship report
form.
(c)
Upon the termination of a leave of absence or of any extension thereof, if the
apprentice seeks to serve at a different facility or under different personnel,
a new application and fee must be submitted.
43-18-54.
(a)
Refusal to grant an apprenticeship registration shall not be deemed to be a
contested case under Chapter 13 of Title 50, the 'Georgia Administrative
Procedure
Act.'
Act,' and
notice and hearing within the meaning of such Act shall not be required, but the
applicant shall have the right to a hearing before the licensing board as
provided in Code Section 43-1-3.1.
(b)
The
board
director
shall be authorized to suspend, revoke, limit, or refuse to renew a registration
of
apprenticeship,
after notice and hearing pursuant to Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' upon a
finding by
a majority of the board of any of the
following:
(1)
Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious
conduct or practice harmful to the
public,
which conduct or practice
that
materially affects the fitness of the apprentice to practice in the funeral
business,
or is of a nature likely to jeopardize the interest of the
public,
which;
such conduct or practice need not have
resulted in actual injury to any person or be directly related to the practice
of funeral directing or embalming but shows that the apprentice has committed
any act or omission which is indicative of bad moral character or
untrustworthiness;
unprofessional.
Unprofessional conduct shall also include
any departure from, or failure to conform to, the minimal reasonable standards
of acceptable and prevailing practice of funeral services;
(2)
Being on duty as an apprentice while under the influence of alcohol or illegal
drugs;
(3)
Being unable to practice with reasonable skill and safety to the public by
reason of a physical or mental condition;
(4)
Being convicted of a felony or of any crime involving moral turpitude in the
courts of this state or any other state, territory, or country, or in the courts
of the United States, regardless of whether first offender treatment without an
adjudication of guilt was given or whether an adjudication of guilty or sentence
was otherwise withheld or not entered on the charge. As used in this paragraph,
the term 'conviction' shall include a finding or verdict of guilt or plea of
guilty or probation relating to first time offenders; and 'felony' shall include
any offense which, if committed in this state, would be deemed a
felony;
(5)
Disobeying proper orders or instructions of that apprentice's supervising
embalmer, funeral director, or both;
(6)
Violating any provision of this article or rule or regulation of the
licensing
board made pursuant to this article; or
(7)
Practicing fraud or misrepresentation in obtaining a certificate of registration
as an apprentice or knowingly making misleading, deceptive, untrue, or
fraudulent representations in the practice of funeral service or on any document
connected therewith while registered as an apprentice.
(c)
An apprentice who has failed to renew that person's registration or who has had
that person's registration suspended or revoked may, within one year after such
expiration, suspension, or revocation, make application for registration but no
more than two such applications may be approved by the
board
director.
An applicant for reregistration whose previous apprenticeship was revoked for
failure to renew may be granted full credit for the time previously served prior
to expiration. An applicant for reregistration whose previous apprenticeship
was suspended or revoked upon any of the grounds set forth in subsection (b) of
this Code section, however, may be granted credit for no more than 75 percent of
the time previously served prior to the disciplinary action. In all other cases
regarding applicants for reregistration, the
board
director
may, when the circumstances warrant, allow an apprentice credit under a
reregistration for time actually served under a previous
registration.
(d)
An order or finding of the director made pursuant to subsection (b) of this Code
section shall be made in compliance with Code Section 43-1-3.1.
43-18-55.
(a)
The
licensing
board shall be authorized to require persons seeking renewal of an embalmer's
license under this chapter to complete
licensing
board approved continuing education of not less than ten hours biennially. The
licensing
board shall be authorized to approve courses offered by institutions of higher
learning, specialty societies, or professional organizations or by others the
licensing
board deems appropriate.
(b)
The
board
director
shall be authorized to waive the continuing education requirement in cases of
hardship, disability, illness, or under other such circumstances as the
licensing
board deems appropriate.
(c)
The continuing education requirement pursuant to this Code section shall be
waived for persons who hold an inactive license or for licensed individuals over
the age of 65.
(d)
An embalmer who is also a licensed funeral director and who completes the
continuing education requirements for funeral directors pursuant to Code Section
43-18-56 shall not be required to complete additional continuing education
requirements pursuant to this Code section.
(e)
The
licensing
board shall be authorized to promulgate rules and regulations to implement and
ensure compliance with the requirements of this Code section.
(f)
This Code section shall apply to each licensing renewal cycle which begins after
the 1996 renewal.
43-18-56.
(a)
The
licensing
board shall be authorized to require persons seeking renewal of a funeral
director's license under this chapter to complete
licensing
board approved continuing education of not less than ten hours biennially. The
licensing
board shall be authorized to approve courses offered by institutions of higher
learning, specialty societies, or professional organizations or by others the
licensing
board deems appropriate.
(b)
The
board
director
shall be authorized to waive the continuing education requirement in cases of
hardship, disability, illness, or under other such circumstances as the
licensing
board deems appropriate.
(c)
The continuing education requirement pursuant to this Code section shall be
waived for persons who hold an inactive license or for licensed individuals over
the age of 65.
(d)
A funeral director who is also a licensed embalmer and who completes the
continuing education requirements established for embalmers pursuant to Code
Section 43-18-55 shall not be required to complete additional continuing
education requirements pursuant to this Code section.
(e)
The
licensing
board shall be authorized to promulgate rules and regulations to implement and
ensure compliance with the requirements of this Code section.
(f)
This Code section shall apply to each licensing renewal cycle which begins after
the 1996 renewal.
Part
4
ARTICLE 4
ARTICLE 4
43-18-70.
(a)
No embalmer or funeral director shall engage in the practice of embalming or
funeral directing at a funeral establishment or crematory which is not licensed
by the
board
director.
(b)
A funeral establishment must be at a specified street address or location and
must have the following minimum facilities and equipment:
(1)
A room with adequate seating for a minimum of 30 people in which funeral
services may be conducted;
(2)
A preparation room equipped with a nonporous, sanitary floor and walls, and
necessary drainage and ventilation and containing necessary instruments and
supplies for the preparation and embalming of dead human bodies;
(3)
A display room containing actual caskets or models, mock-ups, or sections of
caskets or similar items if all such caskets are available and in stock for
purchase at the establishment or can be delivered within 24 hours. Each funeral
establishment shall maintain on the premises at each of its locations an
adequate stock of funeral caskets which shall not be less than eight and which
shall meet such other criteria as necessary to protect the public;
(4)
At least one operable motor hearse which is either owned or leased by the
establishment and which has a current Georgia registration; and
(5)
At least one church truck.
(c)
The
licensing
board may adopt and
the director
shall enforce such rules as may be
reasonable and proper to define such necessary drainage, ventilation, and
sanitary flooring and walls and necessary and suitable instruments, supplies,
and merchandise in a funeral establishment.
(d)
If the funeral director resides in the funeral establishment to be accessible to
the community for purposes of satisfying the requirements of funeral director in
full and continuous charge, the living quarters in the funeral establishment
must include at a minimum furnished sleeping quarters, cooking, refrigerating,
and bathing facilities.
43-18-71.
(a)
It shall be unlawful for any person, firm, corporation, or association to
operate a funeral establishment or crematory engaged in the business of funeral
directing or embalming or cremating without first obtaining a license from the
board
director
in accordance with this article. The
board
director
shall not issue a license to any funeral establishment or crematory unless such
funeral establishment or crematory shall employ the service of a funeral
director licensed in accordance with this article, who shall be in full and
continuous charge of the establishment and who is a resident of this state.
There shall be conspicuously displayed in each funeral establishment and
crematory the name and license of the funeral director in full and continuous
charge. A funeral director who is in full and continuous charge
shall:
(1)
Assume full responsibility for the supervision and operation of the funeral
establishment for which that person has been designated as funeral
director;
(2)
Act as funeral director for only one funeral establishment; and
(3)
Spend a minimum of 40 hours per week in the employ and operation of the
establishment and be accessible and available to the community.
(b)
When there is a change in the funeral director in full and continuous charge,
such change shall be reported to the
board
director
in writing within five days of the effective date of such change. The
board
director
may request the new funeral director in full and continuous charge and owner to
appear before the
board
director
to determine if the requirements for a funeral director in full and continuous
charge have been met.
43-18-72.
(a)(1)
It shall be unlawful for any person, firm, corporation, or association to
operate a crematory without first obtaining a separate license for such purpose
from the
board
director
in accordance with this article. The crematory must be at a specific address or
location and must meet the following requirements and have the following minimum
equipment, facilities, and personnel:
(A)
A room with seating for a minimum of 30 people in which funeral services may be
conducted;
(B)
A display room containing an adequate supply of urns;
(C)
Rolling stock consisting of at least one operable motor hearse either owned or
leased by said firm with current Georgia registration;
(D)
At least one operable retort for cremation;
(E)
At least one operable processing station for grinding of cremated
remains;
(F)
At least one church truck; and
(G)
Not be located within 1,000 feet of a residential subdivision platted and
recorded in the office of the clerk of the superior court of a county in which
such residential subdivision is located.
(2)(A)
The provisions of subparagraphs (A), (B), and (F) of paragraph (1) of this
subsection shall not apply to crematories which provide cremation services only
to other funeral establishments.
(B)
The provision of paragraph (G) of paragraph (1) of this subsection shall only
apply to the issuance or renewal of any license on or after July 1, 2009, for
any stand-alone crematory that was not in operation as of July 1, 2009. For
purposes of this subparagraph, the term 'stand-alone crematory' shall mean a
crematory that is not located on or adjacent to a tract or parcel of land which
contains a funeral establishment.
(b)
The
licensing
board may adopt and enforce such rules as may be reasonable and necessary to
provide for the sanitary disposal of dead human bodies and prevent the spread of
disease and to protect the health, safety, and welfare of the people of this
state.
(c)
Application for licensure of a crematory shall be made
to the
director upon a form approved by the
licensing
board and shall be accompanied by an application fee. No license shall be
issued unless the facility meets all the requirements set forth by the
licensing
board.
(d)
The
licensing
board shall adopt rules requiring each crematory to submit periodic reports to
the
board
director
in a standard form which include the names of persons cremated and the types of
containers used.
(e)
No more than one dead human body shall be placed in a retort at one time unless
written permission has been received from the person possessing legal
responsibility for the disposition of the dead human body.
(f)
Nothing in this article shall require a funeral establishment for which a valid
license to operate is in effect on May 9, 2002, to have a separate license for a
crematory until on and after the renewal date of such license to operate a
funeral establishment which first occurs after May 9, 2002, but such
establishment must comply with all the minimum equipment and facilities
requirements and all other statutes, rules, and regulations relating to
crematories.
43-18-73.
(a)
Licenses for the operation of funeral establishments and of crematories shall
expire biennially unless the owner or proprietor of a licensed funeral
establishment or crematory applies to the
board
director
to renew the license prior to its expiration. The application shall show the
name of the funeral establishment or crematory; the names and addresses of all
owners or, if the owner is a corporation, the names and addresses of all
officers and directors of the corporation; and the names of all licensed
embalmers and funeral directors who own or are employed by such funeral
establishment or crematory or are otherwise connected therewith, together with
the date of issue and the number of the license of each registered embalmer and
funeral director as required. If the renewal fee prescribed by the
licensing
board has been paid and the funeral establishment or crematory meets the other
requirements of this article, the
board
director
shall issue a license; otherwise it shall be unlawful for any funeral
establishment or crematory to operate in this state. Nothing in this Code
section shall be construed to require a crematory to employ an embalmer in order
to be licensed.
(b)
Whenever there is a change in ownership of a funeral establishment or crematory,
the
board
director
shall be notified within 15 days prior to the proposed change upon a form
approved by
the licensing board and provided by the
board
director.
43-18-74.
Licenses
for funeral establishments or crematories shall be issued to such enterprises at
their location at the time of issuance. Such license shall not be transferable
to another location.
43-18-75.
(a)
The
licensing
board shall provide for inspections
by the
director from time to time, but not less
frequently than annually, of the premises of funeral establishments and
crematories for purposes of ensuring compliance with the provisions of this
article and any rules or regulations issued pursuant thereto, and every such
firm shall submit to such inspections. The
board
director
is authorized to contract with any one or more county boards of health, and each
county board of health is authorized to contract with the
board
director,
for the provision of inspection services on behalf of the
board
director
for purposes of this subsection.
(b)
The director
may suspend or revoke the license of any
funeral establishment or crematory
may be
suspended, revoked,
or
put such
establishment or crematory on probation,
or
impose
fines may
be imposed by the board if the evidence
produced
before it indicates that the establishment
or crematory has violated any of the provisions of this article or any rules or
regulations issued pursuant thereto. The
board
director
shall comply with
Chapter 13
of Title 50, the 'Georgia Administrative Procedure
Act,'
Code Section
43-1-3.1 in relation to such
hearing
action;
and the licensee shall have the right to
appeal any
decision of
a hearing
before the
licensing
board in accordance with
Chapter 13
of Title 50, the 'Georgia Administrative Procedure
Act.'
Code Section
43-1-3.1.
43-18-76.
The
licensing
board may establish a fine schedule for violation of minimum standards which the
licensing
board determines to be a threat to the health, safety, or welfare of the public.
A determination of such a violation shall not be deemed to be a contested case
under Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'
43-18-77.
In
the event that a funeral establishment or crematory is temporarily without the
services of a funeral director in full and continuous charge, upon notice by the
funeral establishment or crematory to the
board
director
within five days following the last day of service by such funeral director, the
board
director
shall grant the funeral establishment or crematory a 90 day grace period in
which to have a funeral director in full and continuous charge approved by the
board
director
before any action may be taken by the
board
director
to revoke or terminate the establishment's or crematory's license. The
board
director
may, in
its
his or
her discretion, upon application by the
funeral establishment or crematory, grant one additional 90 day grace period
upon showing of good cause. Grace periods totaling not more than 180 days may
be granted during any two-year period beginning the first day on which the grace
period was granted. Failure to have a funeral director in full and continuous
charge shall be grounds for the revocation or suspension of any license, after
notice and hearing.
43-18-78.
In
the event any funeral establishment or crematory is temporarily destroyed by
fire, flood, or other natural catastrophe, upon notice by the funeral
establishment or crematory to the
board
director
within five days following the destruction, the
board
director
may grant the funeral establishment or crematory a 90 day grace period to use a
board
director
approved temporary location while reconstructing the previous location, provided
the funeral establishment or crematory complies with all other provisions of
this article and the rules of the
licensing
board. The
board
director
may, in
its
his or
her discretion, upon application by the
funeral establishment or crematory, grant additional 90 day grace periods upon
showing of good cause.
43-18-79.
No
funeral establishment license shall terminate upon the death of the holder
thereof but shall pass to the legal representative of the deceased or, if there
is no legal representative, to the widow
or
widower of the deceased who may continue
to operate the establishment for the unexpired time of the license.
43-18-80.
(a)
For the purposes of this Code section, 'authorizing agent' means a person
legally entitled to authorize the cremation of human remains.
(b)
The authorizing agent shall provide to the funeral establishment in which the
cremation arrangements are made a signed statement specifying the ultimate
disposition of the cremated remains, if known. A copy of this statement shall
be retained by the funeral establishment offering or conducting the
cremation.
(c)
Cremated remains shall be shipped only by a method that has an internal tracking
system available and that provides a receipt signed by the person accepting
delivery.
(d)
The authorizing agent shall be responsible for the disposition of the cremated
remains. If, after 60 days from the date of cremation, the authorizing agent or
his or her representative has not specified the ultimate disposition or claimed
the cremated remains, the funeral establishment or entity in possession of the
cremated remains shall send a notification to the authorizing agent notifying
him or her that, pursuant to this subsection, failure to respond to such
notification and specify the final disposition of the cremains within 30 days of
the transmission of such notice shall authorize the funeral establishment to
make arrangements for the disposition of the cremains. If, after 30 days, the
funeral establishment or entity in possession of the cremated remains has not
received instructions from the authorizing agent describing a specific method of
disposing of the cremains, the funeral establishment or entity in possession of
the cremains shall be authorized to dispose of the cremated remains in a
dignified and humane manner by entombing such cremains in a crypt or underground
in accordance with local and state law or by storage in the funeral
establishment. The final resting place of the cremains shall be clearly marked
and recorded by the funeral establishment entombing the cremains. Any costs or
fees incurred to entomb, inter, or disinter the cremains shall be the
responsibility of the authorizing agent; provided, however, that such cost shall
not exceed $100.00."
SECTION
1-20.
Said
title is further amended by revising Chapter 19, relating to geologists, as
follows:
"CHAPTER
19
43-19-1.
This
chapter shall be known and may be cited as the 'Registration of Geologists Act
of 1975.'
43-19-2.
In
order to safeguard life, health, and property and to promote the public welfare,
the practice of geology in this state is declared to be subject to regulation in
the public interest. This chapter is intended to introduce qualifying criteria
into a previously unregulated professional field. Such action recommends itself
through benefits to the safety, health, and property of the people of this state
and to the promotion of the public welfare. These benefits are in the fields of
geology as related to engineering, ground water, mineral exploration and
development, geologic hazards, the further development of the science of
geology, and other geologic matters of concern to the people of the
state.
43-19-3.
As
used in this chapter, the term:
(1)
'Board' means the State Board of Registration for Professional
Geologists, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(1.1)
'Director' means the director of professional licensing.
(2)
'Geologist' means a person engaged in the practice of geology.
(3)
'Geology' means that science which treats of the earth in general; investigation
of the earth's crust and the rocks and other materials which compose it; and the
applied science of utilizing knowledge of the earth and its constituent rocks,
minerals, liquids, gases, and other materials for the benefit of
mankind.
(3.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(4)
'Public practice of geology' means the performance of geological service or work
such as consultation, investigation, surveys, evaluation, planning, mapping, and
inspection of geological work in which the performance is related to public
welfare or safeguarding of life, health, property, and the environment, except
as specifically exempted by this chapter. A person shall be construed to
practice publicly or offer to practice publicly geology, within the meaning and
intent of this chapter, who practices any branch of the profession of geology;
or who by verbal claim, sign, advertisement, letterhead, card, or in any other
way represents himself
or
herself to be a geologist; or through the
use of some other title implies that he
or
she is a geologist; or that he
or
she is registered under this chapter; or
who holds himself
or
herself out as able to perform or who does
perform any geological services or work recognized as geology.
(5)
'Qualified geologist' means a person who is not registered under this chapter
but who possesses all the qualifications specified in this chapter for
registration.
(6)
'Registered certified specialty geologist' means a person who is certified as a
specialty geologist under this chapter.
(7)
'Registered geologist' means a person who is registered as a geologist under
this chapter.
(8)
'Responsible charge of work' means the independent control and direction, by the
use of initiative, skill, and independent judgment, of geological work or the
supervision of such work.
(9)
'Subordinate' means any person who assists a registered geologist or a
registered engineer in the practice of geology without assuming the responsible
charge of work.
43-19-4.
(a)
A State Board of Registration for Professional Geologists is created
as a
professional licensing policy board, whose
duty it shall be to administer this chapter. The board shall be
comprised
composed
of:
(1)
Five members who shall be geologists registered under this chapter, one of whom
shall be an academic geologist, one a governmental geologist, one a salaried
company geologist, one an independent or consultant geologist, and one a
geologist at large;
(2)
A sixth member who shall be appointed from the public at large and who shall
have no connection whatsoever with the practice of professional geology;
and
(3)
The commissioner of natural resources, or his
or
her designated agent, as a permanent ex
officio member.
(b)
The members of the board mentioned in paragraphs (1) and (2) of subsection (a)
of this Code section shall be appointed by the Governor, approved by the
Secretary of State, and confirmed by the Senate.
(c)
Each member of the board shall be a citizen of the United States and a resident
of the State of Georgia.
(d)
The members of the board provided for in paragraphs (1) and (2) of subsection
(a) of this Code section shall be appointed by the Governor for terms of five
years and until their successors are appointed and qualified. The members of
the board holding office on June 30, 1987, shall serve until the expiration of
the term for which they were appointed and until their successors have been
appointed and qualified. On the expiration of the term of any member, the
member's successor shall be appointed in like manner by the Governor for a term
of five years.
(e)
No person shall serve as a member of the board for more than one consecutive
five-year term.
(f)
The Governor may remove any member of the board pursuant to the authority of
Code Section 43-1-17. Vacancies in the membership of the board shall be filled
for the unexpired term by appointment by the Governor as provided for in this
chapter.
(g)
The members of the board shall, before entering upon the discharge of their
duty, subscribe to and file with the Secretary of State the constitutional oath
of officers, whereupon the Secretary of State shall issue to each appointee a
certificate of appointment.
(h)
Each member of the board shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
43-19-5.
(a)
The board shall hold such meetings as may be necessary for it to carry out its
duties under this chapter. An affirmative vote of a majority of the members
present shall be necessary to transact business.
(b)
The board shall annually elect a
chairman
chairperson
and a
vice-chairman
vice-chairperson.
The
division
director shall be the secretary of the board and, in addition to his
or
her duties as prescribed by law, shall
perform such other administrative duties as may be prescribed by the
licensing
board.
43-19-6.
(a)
In addition
to other powers and duties specified in this chapter,
the
The
licensing board shall:
(1)
Adopt and amend rules and regulations which may be reasonably necessary for this
chapter and
the regulation of proceedings before the
board. The
licensing
board and all of its rules, regulations, and procedures are subject to and shall
comply with Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act';
(2)
Adopt and
have an official seal;
a code of
professional conduct; and
(3)
Conduct hearings upon the petition of any person who is aggrieved or adversely
affected by an order or action of the director, which shall be conducted by the
licensing board in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
(b)
The director shall:
(3)(1)
Issue, renew, and reinstate the certificates of duly qualified
persons;
(4)(2)
Initiate investigations for the purpose of discovering violations of this
chapter;
(5)(3)
Conduct
hearings upon charges calling for the discipline of a licensee or on violations
of this chapter;
Enter orders
or take other action consistent with this chapter for the discipline of a
licensee or on violations of this chapter, which shall be made in compliance
with Code Section 43-1-3.1; and
(6)
Adopt a code of professional conduct; and
(7)(4)
Have such other powers and duties as are necessary to implement the rules and
regulations of the licensing board and effectuate this chapter.
43-19-7.
All
appeals from a decision of the
licensing
board, all documents or applications required by law to be filed with the
board
director,
and any notice or legal process to be served upon the
board
director
shall be filed with or served upon the
division
licensing
board or the director at his or her
office.
43-19-8.
All
official records of the
licensing
board, or affidavits by the
division
director as to the content of such records, shall be prima-facie evidence of all
matters required to be kept therein.
43-19-9.
Reserved.
43-19-10.
It
shall be unlawful for any person to practice publicly or offer to practice
publicly geology in this state, as defined in this chapter, or to use in
connection with his name or otherwise assume or advertise any title or
description tending to convey the impression that he
or
she is a registered geologist unless such
person has been duly registered or exempted under this chapter. The right to
engage in the practice of geology shall be deemed a personal right, based on the
qualifications of the individual as evidenced by his
or
her certificate of registration, and shall
not be transferable.
43-19-11.
An
application for registration as a geologist or certification in a specialty
shall be made
to the
director under oath and shall show the
applicant's education and a detailed summary of his
or
her geologic work. The application shall
be accompanied by an application fee fixed by the
licensing
board.
43-19-12.
To
be eligible for a certificate of registration, an applicant shall meet each of
the following minimum qualifications:
(1)
Be of good ethical character;
(2)
Have graduated from an accredited college or university which has been approved
by the
licensing
board with a major in either geology, engineering geology, or geological
engineering; or have completed 45 quarter hours or the equivalent in geological
science courses leading to a major in geology, of which at least 36 quarter
hours or the equivalent were taken in the third or fourth year or in graduate
courses;
(3)
Have at least seven years of professional geological work which shall include a
minimum of three years of professional geological work under the supervision of
a registered geologist, a registered civil engineer, or other supervision
acceptable to the
licensing
board. The following criteria of education and experience qualify, as
specified, toward accumulation of the required seven years of professional
geological work:
(A)
Each year of undergraduate study in the geological sciences shall count as
one-half year of training up to a maximum of two years, and each year of
graduate study shall count as a year of training;
(B)
Credit for undergraduate study, graduate study, and graduate courses,
individually or in any combination thereof, shall in no case exceed a total of
four years toward meeting the requirements for at least seven years of
professional geological work as set forth above;
(C)
The
board
director
may consider, in lieu of the above professional geological work as set out in
this paragraph, the cumulative total of professional geological work or
geological research of persons teaching at the college or university level,
provided that such work or research can be demonstrated to be of a sufficiently
responsible nature to be equivalent to the professional requirements required;
and
(D)
The ability of the applicant shall have been demonstrated by his
or
her having performed the work in a
responsible position as determined by the
board
director.
The adequacy of the required supervision and experience shall be determined by
the
board
director
in accordance with standards set forth in regulations adopted by
it
the licensing
board; and
(4)
Successfully pass such examinations as are established by the
licensing
board and which are designed to demonstrate that the applicant has the necessary
knowledge and skill to exercise the responsibilities of the public practice of
geology.
43-19-13.
(a)
Examinations shall be held at least annually.
(b)
The
licensing
board shall approve the scope, form, and content of the examinations required
for licensure under this chapter.
43-19-14.
A
person holding a certificate of registration to engage in the practice of
geology, on the basis of comparable licensing requirements issued to him
or
her by a proper authority of a state,
territory or possession of the United States, or the District of Columbia, and
who, in the opinion of the
board
director,
otherwise meets the requirements of this chapter based on verified evidence may
be registered, upon application, without further examination.
43-19-15.
(a)
The
board
director
shall issue a certificate of registration, upon payment of the registration fee
as fixed by the
licensing
board, to any applicant who, in the opinion of the
board
director,
has satisfactorily met all the requirements of this chapter. The issuance of a
certificate of registration by the
board
director
shall be prima-facie evidence that the person named therein is entitled to all
the rights and privileges of a registered geologist while the certificate
remains unrevoked or unexpired.
(b)
All certificates shall be renewable biennially at such time as may be designated
by the
division
director. All applications for renewal shall be filed with the
division
director prior to the expiration date, accompanied by the renewal fee prescribed
by the
licensing
board. A license which has expired for failure to renew may only be restored
after application and payment of the prescribed restoration fee.
(c)
A new certificate of registration to replace any certificate lost, destroyed, or
mutilated may be issued subject to the rules of the
licensing
board and payment of a fee set by the
licensing
board.
43-19-16.
(a)
The
board
director
shall have the authority to refuse to grant a certificate to an applicant
therefor
or to revoke or suspend the certificate of a person registered by the
board
director
or to discipline a person registered by the
board
director
as provided in Code Section 43-1-19.
(b)
The
Neither
the action by the
board
director
in granting or refusing to grant or renew a certificate under this chapter
or
nor the
action in revoking or suspending or in
refusing to revoke or suspend such a certificate
may be
appealed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act,' to the superior court of the county of domicile of the board;
provided that, if the findings of the board are supported by any evidence, such
findings shall be accepted by the court
shall be
considered a contested case within the meaning of Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act'; and notice and hearing within the
meaning of Chapter 13 of Title 50 shall not be required, but the applicant or
licensee shall be allowed to appear before the licensing board as provided in
Code Section 43-1-3.1. The filing of a request to appear before the licensing
board shall stay enforcement of an action of the director.
43-19-17.
Reserved.
43-19-18.
(a)
In addition to registering as a geologist, qualified persons may also be
eligible for certification in a specialty. Such specialties may be created by
the
licensing
board by regulation, with such regulations to contain any required additional
qualifications. Only a registered geologist is eligible for certification in a
specialty. Application may be submitted for both registration as a geologist
and certification in a specialty at the same time, but the applicant must be
approved for registration as a geologist before being considered for
certification in a specialty. The certification in a specialty is dependent, in
every case, upon the approval of registration as a geologist.
(b)
An applicant for certification in a specialty shall meet all of the requirements
of a registered geologist and such special requirements as the
licensing
board may establish by regulation.
43-19-19.
Each
registrant under this chapter, upon issuance of a certificate of registration,
may use a seal of such design as is authorized by the
licensing
board, bearing the registrant's name and the legend 'Registered Professional
Geologist' or 'Certified (subspecialty) Geologist.' All drawings, reports, or
other geologic papers or documents involving the practice of geology, as defined
in this chapter, which shall have been prepared or approved by a registered
geologist or a subordinate employee under his
or
her direction for the use of or for
delivery to any person or for public record within this state shall be signed by
him or
her and impressed with the seal provided
for in this Code section or the seal of a nonresident practicing under this
chapter, either of which shall indicate his
or
her responsibility for them.
43-19-20.
This
state and its political subdivisions, such as a county, a municipality, or a
legally constituted board, district, commission, or authority, shall contract
for geological services only with persons registered under this chapter or with
a firm employing a registered geologist.
43-19-21.
Reserved.
43-19-22.
The
Attorney General of this state or any assistant designated by him or her shall
act as legal adviser of the board.
Reserved.
43-19-23.
Reserved.
43-19-24.
Any
person, except as specifically exempted
below
by this Code
section, who
shall
publicly
practice or
offer
practices or
offers to practice publicly geology in
this state is subject to this chapter. The following persons are
exempt:
(1)
Persons engaged solely in teaching the science of geology or engaged in
nonpublic geologic research in this state;
(2)
Officers and employees of the United States or this state, practicing solely as
such officers or employees; and
(3)
A subordinate to a geologist registered under this chapter or to a registered
engineer, insofar as he
or
she acts solely in such capacity. This
exemption, however, does not permit any such subordinate to practice geology for
others in his
or
her own right or use the title 'registered
geologist.'
43-19-25.
(a)
This chapter does not prohibit one or more geologists from practicing through
the medium of a sole proprietorship, partnership, limited liability company, or
corporation. In a partnership, limited liability company, or corporation whose
primary activity consists of geological services, at least one partner, member,
or officer shall be a registered geologist.
(b)
This chapter does not prevent or prohibit an individual, firm, company,
association, or corporation whose principal business is other than the public
practice of geology from employing a nonregistered geologist to perform
nonpublic geological services necessary to the conduct of its
business.
(c)
This chapter shall not be construed to prevent or to affect:
(1)
The practice of any profession or trade for which a license is required under
any other law of this state; the practice of registered professional engineers
from lawfully practicing soils mechanics, foundation engineering, and other
professional engineering as provided in this title; or licensed architects from
lawfully practicing architecture as provided in this title; or
(2)
The practice of a person who is not a resident of and has no established place
of business in this state or who has recently become a resident
hereof
practicing or offering to practice the profession of geology
herein
in this
state for more than 90 days in any
calendar year if the person shall have filed with the
board
director
an application for a certificate of registration and shall have paid the fee
required by this chapter. Such practice shall continue only for such time as
the
board
director
requires for the consideration of the applicant for registration.
43-19-26.
(a)
It shall be unlawful for any person other than a registered geologist, a
registered certified specialty geologist, or a subordinate under the direction
of one of the above to prepare any geologic plans, reports, or documents in
which the performance is related to the public welfare or safeguarding of life,
health, property, or the environment.
(b)
It shall be unlawful for anyone other than a geologist registered under this
chapter to stamp or seal any plans, plats, reports, or other documents with the
seal or stamp of a registered geologist or registered certified specialty
geologist or to use in any manner the title 'registered geologist' or the title
of any registered certified specialty geologist unless registered, or registered
and certified, under this chapter.
(c)
It shall be unlawful for any person to affix his
or
her signature or to stamp or seal any
plans, plats, reports, or other documents after the certification of the
registrant named thereon has expired or has been suspended or revoked unless the
certificate has been renewed or reissued.
43-19-27.
Any
person who publicly practices or offers to practice publicly geology for others
in this state without being registered in accordance with this chapter; any
person presenting or attempting to use as his
or
her own the certificate of registration or
the seal of another; any person who gives any false or forged evidence of any
kind to the
board or to
any member thereof
director
in obtaining a certificate of registration; any person who falsely impersonates
any other registrant of like or different name; or any person who attempts to
use an expired or revoked certificate of registration or who attempts to
practice at any time during a period when the
licensing
board or the
director has suspended or revoked his
or
her certificate of registration shall be
guilty of a misdemeanor."
SECTION
1-21.
Said
title is further amended by revising Chapter 20, relating to hearing aid dealers
and dispensers, as follows:
"CHAPTER
20
43-20-1.
This
chapter shall
be known and may be cited as the 'Georgia
Hearing Aid Dealers and Dispensers Act.'
43-20-2.
The
purpose and intent of this chapter is to establish and enforce standards of
competence and ethics in the dispensing of hearing aid devices or instruments,
for profit or otherwise, and to protect the public from the dispensing of
hearing aids, for profit or otherwise, by unskilled or unprincipled
persons.
43-20-3.
As
used in this chapter, the term:
(1)
'Apprentice dispenser's permit' means a temporary nonrenewable one-year permit
issued while the applicant is in apprenticeship under a licensed dispenser in
order to become a licensed hearing aid dispenser.
(2)
'Board' means the State Board of Hearing Aid Dealers and
Dispensers, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(3)
'Dealer's license' means the license required for each office, store, or
location established or maintained for the dispensing of hearing aid devices or
instruments in this state.
(3.1)
'Director' means the director of professional licensing.
(4)
'Dispenser's license' means the license required for each individual who shall
engage in the practice of dispensing hearing aid instruments or devices to or
for use by the eventual user thereof.
(5)
'Hearing aid device or instrument,' 'hearing aid,' or 'aid' means any wearable
electronic instrument or device designed for or represented or offered for the
purpose of compensating for defective human hearing, including parts,
attachments, ear molds, and accessories, except batteries, cords, replacement
tubing, and minor service limited to the removal of battery
corrosion.
(6)
'License' means any license issued to hearing aid dealers or to hearing aid
dispensers
by the
State Board of Hearing Aid Dealers and Dispensers or by the division director on
behalf of the board under this
chapter.
(6.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(7)
'Practice of dispensing hearing aids' means the providing of a hearing aid to a
consumer by sale, rental, lease, or otherwise. A holder of a license or permit
issued under this chapter shall be entitled to conduct testing and other
procedures to determine suitability for use of a hearing aid, to determine
hearing aid characteristics which properly compensate the hearing condition, to
select suitable aids, to fit aids to the subject, and to counsel and instruct in
the use thereof.
(8)
'Training permit' means a temporary renewable six-month permit issued while the
applicant is in training, under the direct supervision and immediate observation
of a licensed dispenser, to become a licensed dispenser.
43-20-4.
(a)
There shall be established a State Board of Hearing Aid Dealers and
Dispensers,
which shall administer and enforce this
chapter
as a
professional licensing policy
board.
(b)
Members of the board shall be residents of the state. The board shall consist
of seven members; four of whom shall hold licenses issued
by the
board
under this
chapter and shall have no less than three
years' experience as a hearing aid dispenser; one of whom shall be a diplomate
or eligible for certification by the American Board of Otolaryngology and
licensed to practice medicine in this state; one of whom shall be an audiologist
licensed under Chapter 44 of this title; and one of whom shall be appointed from
the public at large.
(c)
Each member of the board shall be appointed by the Governor with the approval of
the Secretary of State. The term of office for each member shall be three years
or until his
or
her successor has been appointed and
qualified except that, for the first board appointed under this chapter, two
members shall be appointed for a two-year term and three members shall be
appointed for a three-year term. Upon the expiration of each term, the
Governor, with the approval of the Secretary of State, shall appoint a successor
as provided
above
by this Code
section. Any vacancy on the board arising
from death, resignation, or other cause shall be filled by such appointment for
the unexpired term. The members of the board shall annually designate one such
member to serve as
chairman
chairperson
and another to serve as
vice-chairman
vice
chairperson and may select such additional
officers as the board deems necessary.
43-20-5.
(a)
The board shall meet not less than once a year at a place, day, and hour
determined by the
division
director and as many other times per year as deemed necessary. Each member of
the board shall be reimbursed as provided for in subsection (f) of Code Section
43-1-2.
(b)
The
division
director shall notify each member of the board not less than ten days in advance
of the time and place of any meeting of the board.
43-20-6.
(a)
The
licensing
board shall
have the
responsibility and duty of administering and
enforcing
provide by
rule and regulation for the administration and enforcement
of this chapter. The
licensing
board shall have the power to establish and to revise minimal procedure and
equipment requirements which shall be used in the dispensing of hearing
aids.
(b)
The
board
director
shall:
(1)
Supervise the issuance of licenses and administer qualifying
examinations;
(2)
License persons who make proper application
to the
division director and who meet the
qualifications for licensure;
(3)
Issue and renew licenses;
(4)
Suspend, revoke, or otherwise sanction licenses in the manner provided in this
chapter;
(5)
Appoint representatives to conduct or supervise examinations; and
(6)
Make available to the public a copy of this chapter, any amendments thereto, and
all adopted rules.
(c)
The
division
director shall
be guided
by the recommendations of the board in all matters relating to this chapter and
shall assist the board
implement the
rules and regulations of the licensing
board in carrying out this
chapter.
(d)
In the
administration and enforcement of this chapter,
the
The
licensing board shall have the power to
adopt reasonable rules and regulations not inconsistent with this chapter and
the Constitution and laws of this state or of the United States for
governing
its times and places of meetings; for organization and reorganization;
for the holding of examinations; for
governing all other matters requisite to the exercising of its powers
under this
chapter; for the performance of its duties
relating to examinations; for granting, suspending, revoking, or otherwise
sanctioning licenses; and for the transaction of its business under this
chapter.
(e)
The
licensing
board may provide, by regulation, for the general scope of the examination
described in Code Section 43-20-9. The
licensing
board may approve the examination and obtain advice and assistance in providing
for and grading such examination; and the
division
director may contract with third parties to perform administrative services
related to the examination as he or she deems appropriate.
43-20-7.
(a)
It is unlawful for any person or firm to engage in the practice of dispensing
hearing aids, as defined in this chapter, in this state without having a valid
license issued under this chapter.
(b)
No person or firm, except those exempted in Code Section 43-20-19, shall engage
in the practice of dispensing hearing aid devices or instruments or display a
sign or in any way advertise or represent himself
or
herself or any firm as practicing the
dispensing of hearing aid devices or instruments in this state unless such
person holds an unsuspended, unrevoked license issued by the
board
director.
(c)
A dispenser's license issued under this chapter shall entitle the holder to
dispense hearing aid devices or instruments under the supervision of a licensed
dealer.
(d)
The dealer's license issued under this chapter shall permit and require the
holder to establish and operate an establishment open to the public for the
purpose of dispensing hearing aids and providing follow-up
services.
(e)
No firm shall engage in the practice of dispensing hearing aid devices or
instruments or display a sign or in any way advertise or represent itself as
dispensing hearing aid devices or instruments in this state unless each office
or location is staffed by a person who holds a valid dispenser's license issued
under this chapter.
(f)
Duplicate dealers' licenses shall be issued by the
division
director on
behalf of the board to valid license
holders operating more than one office or place of practice upon the payment of
an additional dealer's license fee for each location, provided that each such
location shall be staffed and supervised by a person holding a valid dispenser's
license issued under this chapter.
43-20-8.
(a)
The
board
director
may issue a dealer's license to any applicant for a dealer's license upon
compliance with this chapter, upon payment of the appropriate license fee for a
dealer's license, and upon the presentation of evidence satisfactory to the
board
director
that he or
she has established or will establish and
maintain a regular office, store, or location for the dispensing of hearing aid
devices or instruments, and that a person who possesses a valid Georgia
dispenser's license will be responsible for the dispensing of hearing aids under
such dealer's license.
(b)
The
board
director
may issue a dispenser's license to an applicant only when the applicant has
satisfactorily completed a
licensing
board approved examination and when proof of age has been verified. The license
shall authorize the holder to dispense hearing aids under the general
supervision of a licensed dealer.
(c)
The dealer's license fee shall be in an amount determined by the
licensing
board and
must
shall
be paid for each office or location established by the dealer.
(d)
The dispenser's license fee shall be in an amount determined by the
licensing
board.
43-20-9.
(a)
An applicant may obtain a license by successfully passing a
licensing
board approved examination, provided that the applicant:
(1)
Is at least 18 years of age; and
(2)
Is of good moral character.
(b)
Every apprentice dispenser who has held the permit over 30 days shall be
scheduled to stand for the written examination at every scheduled examination
until all sections have been passed, the permit has been revoked by the
board
director,
or the permit has expired. The
board
director
shall have the power to revoke a permit
without a
hearing
in compliance
with Code Section 43-1-3.1 if the holder
of an apprentice dispenser permit fails to stand for the examination. The
board
director
shall also have the power to revoke a permit
without a
hearing
in compliance
with Code Section 43-1-3.1 if the holder
of an apprentice dispenser permit fails to pass the written portion of the
examination on two occasions. The
board
director
may include the fee for an initial examination as a condition for approval of an
applicant for an apprentice dispenser's permit.
(c)
The
licensing
board shall establish uniform criteria for passing and failing
candidates.
43-20-10.
(a)
Nonresident dealers' licenses may be issued to individuals domiciled outside of
this state upon presentation of satisfactory evidence to the
board
director
that they comply with all provisions of this chapter for a dealer's license and
upon payment of the fees required for such licenses. Holders of nonresident
dealers' licenses shall be governed by and shall be subject to all conditions
and provisions of this chapter relating to dealers' licenses.
(b)
A nonresident dispenser's license may be issued to an applicant who holds a
current unsuspended, unrevoked license to practice the dispensing of hearing
aids in another state or jurisdiction upon payment of the fee provided for a
dispenser's license under this chapter and upon presentation of satisfactory
evidence to the
board
director
that such other state or jurisdiction has requirements equivalent to or higher
than those in effect pursuant to this chapter for the practice of dispensing
hearing aids, provided that such state or jurisdiction has a program equivalent
to or stricter than that required by this chapter for determining the
qualifications of applicants for a dispenser's license and that such state or
jurisdiction has a provision for reciprocity and has entered into a reciprocal
agreement with the
licensing
board. No such applicant for a reciprocal nonresident dispenser's license shall
be required to submit to or undergo a qualifying examination. The holder of a
nonresident dispenser's license shall be registered in the same manner as the
holder of a regular resident dispenser's license. Fees, grounds, and procedures
for renewal, suspension, and revocation of dispensers' licenses shall apply to
all nonresident dispensers' licenses.
43-20-11.
(a)
An apprentice dispenser's permit shall be issued by the
division
director on
behalf of the board only
when:
(1)
Application has been made;
(2)
A statement of supervision has been provided by a licensed
dispenser;
(3)
A statement has been made by the supervising dealer that the applicant is
capable of making the tests and applying the techniques required to dispense
hearing aids in accordance with this chapter;
(4)
Proof of age has been
made.
Apprentice dispensers' permits are limited to one year in duration and shall not
be renewed; and
(5)
The applicant has passed the practical portion of the examination.
Apprentice
dispensers' permits are limited to one year in duration and shall not be
renewed.
(b)
Training permits shall be issued by the
division
director on
behalf of the board only when application
has been made and a statement of supervision has been provided by a licensed
dispenser. The permit should authorize the person to dispense hearing aids only
under direct supervision and immediate observation of the licensed dispenser who
shall be responsible for the trainees' compliance with this chapter. Proof of
age shall also be made. Training permits should be for a duration of six months
and may be renewed as often as necessary for additional six-month time periods
so long as the requirements of this Code section for issuance of permits are met
for each renewal.
43-20-12.
(a)
A person holding a dealer's license shall notify the
division
director in writing of the regular addresses of places of business operated by
the dealer for dispensing hearing aids. Furthermore, the dealer is required to
notify the
division
director in writing as to the names and license or permit numbers of all
dispensers, apprentice dispensers, and trainees employed or otherwise practicing
at each of his or her places of business. The dealer is required to notify the
division
director in writing of any changes of the foregoing within seven calendar days
of such change. Any failure shall be considered a violation of this chapter by
the dealer.
(b)
Any notice required to be given by the
division
director or
by the board to any person who holds a
license or permit
issued by
the board shall be mailed to such licensee
or permit holder to the address of the place of practice last recorded with the
division
director; and such mailing shall constitute sufficient notice to such
licensee.
43-20-13.
Any
person who dispenses hearing aid devices or instruments shall deliver to each
person supplied with a hearing aid device or instrument a written receipt or
bill of sale in such form as may be prescribed by the
licensing
board,
which
receipt or
bill of sale shall contain, as a minimum,
the dealer's name, license number, address, and schedule of office hours, as
well as the dispenser's name, signature, and license number, together with
specification as to the make and model and serial number of the hearing aid
device or instrument furnished. The receipt or bill of sale shall also clearly
state the full terms of sale, including guarantees, if any, and shall also
contain such other information as the
licensing
board may determine to be necessary in the public interest. If a hearing aid
device or instrument which is not new is sold, the receipt therefor must be
clearly marked 'used' or 'reconditioned,' whichever is applicable, with the
terms of the guarantee, if any, clearly stated.
43-20-14.
Licenses
issued under this chapter shall be renewable biennially. Each and every
dealer's license and dispenser's license required by this chapter shall be
conspicuously posted at each location and place of practice at all times as may
be required by regulations established by the
licensing
board. When more than one office or place of business is operated, a duplicate
license shall be obtained from the
division
director for each such location or place regularly carrying on the practice of
dispensing hearing aid devices or instruments, upon the payment of an additional
appropriate fee for each duplicate license. The address of the location or place
of doing business shall be stated on the duplicate license, which shall be
posted at the location.
43-20-15.
As
a prerequisite for the renewal of a dispenser's license, the dispenser must
provide proof to the
board
director
that the dispenser has successfully completed 14 hours of continuing education
in a program approved by the
licensing
board. The
licensing
board may promulgate such rules and regulations as are necessary to implement
the continuing education requirement.
43-20-16.
In
addition to any other penalties as provided for in this chapter, the
board
director
is authorized to reprimand any licensee or permit holder under this chapter and
to suspend, revoke, or otherwise sanction his
or
her license or permit for a fixed period,
or may refuse to renew or may deny the license or permit,
upon
affording an opportunity for a hearing
in compliance
with Code Section 43-1-3.1, for any of the
following causes:
(1)
Conviction of, or a plea of nolo contendere to, a felony or a misdemeanor
involving moral turpitude. The record of conviction or plea or a copy thereof
certified by the clerk of the court shall be conclusive evidence of such
conviction or plea;
(2)
Procuring of a license or permit by fraud or deceit;
(3)
Selling, bartering, or offering to sell or barter a license or
permit;
(4)
Purchasing or procuring by barter a license or permit with intent to use it as
evidence of the holder's qualifications to practice the dispensing of hearing
aid devices or instruments or to sell such devices or instruments;
(5)
Altering a license or permit with fraudulent intent;
(6)
Using or attempting to use as a valid license or permit a license or permit
which has been purchased, fraudulently obtained, counterfeited, or materially
altered;
(7)
Willfully making a false statement in an application for a license or permit or
application for renewal of a license or permit;
(8)
Being found guilty of unethical conduct by the
licensing
board or the
director or by some other tribunal or
court of law. Unethical conduct shall include:
(A)
Fraud or misrepresentation in the dispensing of a hearing aid;
(B)
Knowingly employing, directly or indirectly, any suspended or unlicensed person
to perform any service covered by this chapter;
(C)
Using, or causing or promoting the use of, any advertising material, promotional
literature, testimonial, guarantee, warranty, label, brand, insignia, or any
other representation, however disseminated or published, which is misleading,
deceptive, or untruthful;
(D)
Advertising a particular model or type of hearing aid for sale when purchasers
or prospective purchasers responding to the advertisement cannot purchase the
advertised model or type and where it is determined that the purchase of the
advertisement is to obtain prospects for the sale of a different model or type
than that advertised;
(E)
Representing that the services or advice of a licensed physician or an
audiologist will be used or made available in the selection, adjustment,
maintenance, or repair of hearing aids when that is not true or using the words
'hearing center,' 'doctor,' 'ear specialist,' 'clinic,' 'clinical audiologists,'
'state licensed clinic,' 'state registered,' 'state certified,' 'state
approved,' or any other term, abbreviation, or symbol when it would falsely give
the impression that one is being treated medically or that the licensee's or
permit holder's service has been recommended by the state;
(F)
Representing or implying that a hearing aid device or instrument is or will be
'custom made,' 'made to order,' 'prescription made,' or in any other sense
specially fabricated for an individual person when such is not the
case;
(G)
Representing that a recommendation for a specific brand or model aid or source
of product or service has resulted from an unbiased or impartial process when
such is not the case;
(H)
Permitting another to use his
or
her license or permit;
(I)
Advertising a manufacturer's product or using a manufacturer's name or trademark
which implies a relationship with the manufacturer that does not
exist;
(J)
Giving or receiving, directly or indirectly, or offering to give or receive
money or anything of value to any person who advises another in a professional
capacity as an inducement to influence or have such person influence others to
purchase or contract to purchase any product sold or offered for sale by a
licensee or permit holder or to influence persons to refrain from dealing in the
products of competitors;
(K)
Selecting or fitting a hearing aid for a person who has not been given the
appropriate tests utilizing procedures and instrumentation as specified by this
chapter or by the rules and regulations of the
licensing
board; or
(L)
Committing any other professionally immoral act;
(9)
Practicing while suffering from a contagious or infectious disease;
(10)
Dispensing hearing aids under a false name or alias;
(11)
Violating any of the provisions of this chapter or the rules and regulations
promulgated by the
licensing
board; or
(12)
Gross incompetence or negligence in dispensing hearing aids.
43-20-17.
Contested
cases under this chapter shall be administered in accordance with Chapter 13 of
Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that
any person whose license or permit has been revoked, suspended, or otherwise
sanctioned by a final order of the board or denied or not renewed pursuant to
Code Section 43-20-16 may appeal to the superior court to review the decision of
the board to determine its legal correctness; and provided, further, that the
findings of fact rendered by the board will be accepted by the court if said
findings are supported by any evidence.
Any order or
action of the director taken pursuant to this chapter shall be made in
compliance with Code Section 43-1-3.1.
43-20-18.
The
board
director
shall have the power to bring an action to enjoin any person, firm, or
corporation who, without being licensed or issued a permit by the
board
director,
dispenses hearing aids in this state. The action shall be filed in the county
in which such person resides or practices or in the county where the firm or
corporation maintains an office or practices. If it shall appear that the
person, firm, or corporation is guilty of dispensing hearing aids without a
license or permit issued by the
board
director,
then such person, firm, or corporation shall be enjoined from dispensing hearing
aids without a valid license or permit throughout the state. It is declared
that such unlicensed activities are a menace and a nuisance and are dangerous to
the public health, safety, and welfare; and, therefore, it shall not be
necessary, in order to obtain relief, as provided in this Code section, for the
board
director
to allege or prove that there is no adequate remedy at law.
43-20-19.
(a)
This chapter shall not apply to a person who is a physician licensed to practice
medicine in this state or to a person who is licensed as an audiologist under
Chapter 44 of this title.
(b)
This chapter shall not apply to a person while he
or
she is working as an employee of a
federal, state, county, or municipal agency or a duly chartered educational
institution or a training center, provided that such person does not engage in
the sale, rental, or lease of hearing aids.
(c)
Nothing in this chapter shall be construed to prevent a person licensed under
any other law of this state from operating within the scope of that license,
provided that such person does not engage in the sale, rental, or lease of
hearing aids.
(d)
Nothing in this chapter shall prohibit a corporation, partnership, trust,
association, or other like organization maintaining an established business
address from engaging in the business of selling or offering for sale hearing
aid devices or instruments at retail, provided that it holds a dealer's license
issued under this chapter and that it employs only properly licensed persons who
engage in the sale or dispensing of such products to the purchaser and user
thereof. Such corporations, partnerships, trusts, associations, or other like
organizations shall file with the
board
director
a list of all licensed dispensers directly or indirectly employed by them,
including the addresses and license numbers of such dispensers.
43-20-20.
Any
person who dispenses or sells hearing aid devices or instruments without a
license or who otherwise is in violation of this chapter shall be guilty of a
misdemeanor. For the purposes of this chapter, such misdemeanor shall be
considered a crime involving moral turpitude."
SECTION
1-22.
Said
title is further amended by revising Chapter 23, relating to landscape
architects, as follows:
"CHAPTER
23
43-23-1.
As
used in this chapter the term:
(1)
'Board' means the Georgia Board of Landscape
Architects, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(1.1)
'Director' means the director of professional licensing.
(2)
'Landscape architect' means a person who is licensed pursuant to this chapter to
practice or teach landscape architecture.
(3)
'Landscape architecture' means the performance of professional services,
including, but not limited to, consultation, investigation, planning, design,
preparation of drawings and specifications, and responsible supervision, all in
connection with the preservation or determination of proper land uses, natural
land features, esthetics, planting plans, the shaping of land to produce the
best functional and esthetic effect, and grading plans with determination of
drainage. This term shall also include the consideration of environmental
problems involving land areas, as such problems relate to the public health,
safety, and welfare.
(4)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
43-23-2.
(a)
The Georgia Board of Landscape Architects is created
as a
professional licensing policy board as defined in Chapter 1 of this
title and shall be under the jurisdiction
of the Secretary of State and the
division
director. The board shall be composed of five members, each of whom shall be
appointed by the Governor. Four of the five members shall be licensed landscape
architects who shall be residents of this state and actively engaged in the
practice of landscape architecture. The fifth member of the board shall be a
resident of this state and shall have no connection whatsoever with the practice
of landscape architecture. The four members of the board in office on July 1,
1993, shall serve the remainder of their terms of office, as provided by the law
under which each was appointed. The additional member to be added to the board
in 1993 shall be appointed for an initial term of four years. Upon the
expiration of each member's term of office, a successor shall be appointed for a
term of four years, and all succeeding appointments made under this subsection
shall be for four-year terms.
(b)
Members of the board shall serve until their successors are appointed and
qualified. Vacancies on the board shall be filled by appointment of the Governor
and, in the same manner as provided in subsection (a) of this Code section, for
the unexpired term of the member creating such vacancy.
(c)
The board shall select from its members a
chairman
chairperson.
(d)
The board may do all things necessary and convenient for its own government
and for
carrying into effect the provisions of this chapter and may promulgate necessary
rules and regulations to carry out the provisions of this chapter, not otherwise
inconsistent with this chapter, including regulations governing the professional
conduct of persons licensed by the board.
The board shall be authorized to meet as often as necessary in order to conduct
its business, but in no event shall the board meet less than twice during every
calendar year.
(e)
Each member of the board
shall
may
be reimbursed as provided for in subsection (f) of Code Section
43-1-2.
43-23-3.
(a)
The board shall adopt a seal, which may be either an engraved or an ink stamped
seal, with the words 'Board of Landscape Architects, State of Georgia' or such
other device as the board may desire included thereon, by which it shall
authenticate the acts of the board.
(b)
Copies of all records and papers in the office of the board, certified by the
signature of the chairman of the board, shall be received in evidence in all
cases equally and with like effect as the
originals.
Reserved.
43-23-4.
The
licensing
board and the
director shall have the full power to
regulate the issuance of
licenses,.
43-23-4.1.
The
director shall have the power to revoke or
suspend licenses issued under this
chapter,
and to censure licensees
in compliance
with Code Section 43-1-3.1.
43-23-5.
(a)
No person shall perform or offer, attempt, or agree to perform any act which
would constitute the practice of landscape architecture,
as defined
in paragraph (3) of Code Section
43-23-1,whether as a part of a transaction
or as an entire transaction, unless such person has received a license as a
landscape architect pursuant to this chapter.
(b)
The commission of a single act by a person required to be licensed under this
chapter and who is not licensed shall constitute a violation of this
chapter.
(c)
Notwithstanding any provisions for criminal liability, any person who, without
possessing a valid unsuspended, unrevoked license as provided in this chapter,
uses the title or term 'landscape architect' in any sign, card, listing,
advertisement, or in any other manner that would imply or indicate that he
or
she is a landscape architect as defined in
this chapter may be enjoined from using such title or term in such
manner.
43-23-6.
Any
person desiring to act as a landscape architect must file an application for a
license with the
board
director.
The application shall be in such form and detail as the
licensing
board shall prescribe.
43-23-7.
(a)
Each applicant for initial licensure as a landscape architect
shall:
(1)
Be at least 18 years of age;
(2)
Hold a Bachelor of Landscape Architecture degree or a Bachelor of Science degree
in landscape architecture from a college or school of landscape architecture,
environmental design, or its equivalent approved by the
licensing
board; and
(3)(A)
Have at least 18 months of training in the actual practice of landscape
architecture as may be approved by the
licensing
board, provided that at least one year of such actual practice shall be
subsequent to receiving such undergraduate degree; or
(B)
Have earned a postgraduate degree in landscape architecture from a college or
school of landscape architecture or environmental design approved by the
licensing
board.
(b)
Persons who, on July 1, 1993, held licenses as landscape architects issued under
the laws of this state shall not be required to obtain additional licenses under
this chapter but shall otherwise be subject to all applicable provisions of this
chapter, including those pertaining to renewal of such license; and such
licensee shall be considered licensed for all purposes under this chapter and
subject to the provisions hereof.
(c)
The applicant for initial licensure must have passed a written examination
generally covering the matters confronting landscape architects, provided that
persons holding a Bachelor of Landscape Architecture degree or a Bachelor of
Science of Landscape Architecture degree in landscape architecture from approved
colleges or schools of landscape architecture, environmental design, or their
equivalent shall be permitted to take such examination upon furnishing proof of
completion of the 18 months' experience requirement or the educational
equivalent and proof of their graduation to the
board
director.
The examination shall cover such matters as are reasonably calculated to test
the knowledge and skill of the applicant in the field of landscape architecture.
Failure to pass the examination shall be grounds for denial of a license without
a further hearing.
43-23-7.1.
(a)
The
licensing
board shall be authorized to require persons holding a license under this
chapter to complete
licensing
board approved continuing education of six hours per year. The
licensing
board shall be authorized to approve courses offered by institutions of higher
learning, specialty societies, or professional organizations.
(b)
The
board
director
shall be authorized to waive the continuing education requirement in cases of
hardship, disability, or illness or under such other circumstances as the
licensing
board deems appropriate.
(c)
The
licensing
board shall be authorized to promulgate rules and regulations to implement and
ensure compliance with the requirements of this Code section.
43-23-8.
(a)
Every applicant for licensure as a landscape architect shall submit with his or
her application for such licensure a fee in an amount established by the
licensing
board. If the applicant successfully passes the examination and is otherwise
qualified for licensure as a landscape architect, the
board
director
shall thereafter, upon payment of a license fee to be determined by the
licensing
board, issue a license to the applicant, which shall be valid for up to two
years and shall be renewable biennially. All licenses shall expire on the
renewal date established by the
division
director. The biennial license renewal fees shall be an amount established by
the
licensing
board.
(b)
Any check presented to the
board
director
as a fee for either an original or renewal license which is returned unpaid
shall be cause for revocation or denial of the license.
43-23-9.
The
board
director
may certify an applicant for registration without examination if such applicant
is legally registered as a landscape architect in any state, country, or
political entity whose requirements for registration are substantially
equivalent to the requirements provided in this chapter and
which
state, country, or political entity
that
extends the same privilege of reciprocity to landscape architects registered in
this state. Such application shall be accompanied by the same licensing fee as
required of other landscape architects, provided that such fee shall be returned
if the license is not granted.
43-23-10.
Any
landscape architect who is duly registered in any other state or country may be
issued a temporary license as a landscape architect for a stipulated site and
project within this state, provided that such person:
(1)
Requests a temporary license on a form provided by the
director
board;
(2)
Presents evidence satisfactory to the
board
director
that he or
she is competent to practice landscape
architecture as the term is defined in this state;
(3)
Has attained the age of 18 years; and
(4)
Pays a fee to be determined by the
licensing
board for such temporary license.
43-23-11.
(a)
The
licensing
board shall prescribe the form of licenses issued under this chapter. The
license of each landscape architect shall be delivered or mailed to the
landscape architect.
(b)
The
board
director
shall provide certificates to each licensed landscape architect. The
licensing
board shall prescribe the form of certificates issued.
The
certificate shall have placed thereon the seal of the board.
The certificate of each landscape
architect shall be delivered or mailed to the landscape architect. It shall be
the duty of the landscape architect to display his
or
her certificate conspicuously in his
or
her place of business.
43-23-12.
The
board
director
may, upon
its
his or
her own motion, and shall, upon the
complaint in writing of any person, initiate investigations into the actions of
any licensed landscape architect and shall have the power to censure the
licensee or to revoke or suspend any license issued under this chapter whenever
the
board
director
concludes that the licensee has violated any provision of this chapter or
whenever the
board
director
has determined that the licensee:
(1)
Has obtained a license by false or fraudulent representations;
(2)
Has impersonated another landscape architect or former landscape architect with
the same or similar name, or is practicing under an assumed or misleading name,
to include
including
practicing under a partnership, limited liability company, or corporate name in
which any person who is not a landscape architect is named;
(3)
Has aided or abetted an unlicensed person in the practice of landscape
architecture;
(4)
Has been convicted of a felony or other crime involving moral
turpitude;
(5)
Has, in the practice of landscape architecture, been guilty of fraud, deceit,
negligence, or incompetence;
(6)
Has affixed his or her signature to plans, drawings, specifications, or other
instruments of service which have not been prepared by him or her or under his
or her immediate and responsible direction or has permitted his or her name to
be used for the purpose of assisting any person who is not a landscape architect
to evade the provisions of this chapter; or
(7)
Has violated the provisions of subsection (a) of Code Section
43-1-19.
43-23-13.
An
action
taken by
the board
of the
director with respect to any license
issued under this chapter shall be
in
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'
taken in
compliance with Code Section 43-1-3.1.
43-23-14.
Any
partnership, firm, limited liability company, or corporation may engage in the
practice of landscape
architecture,
as defined in this chapter, provided that
any service which constitutes the practice of landscape architecture shall be
supervised by a duly licensed landscape architect who shall be responsible for
the services furnished by the partnership, firm, limited liability company, or
corporation which would otherwise fall within the purview of this chapter. In
no event shall the other members of the partnership, limited liability company,
firm, or corporation be designated or described as landscape architects if they
are not so licensed; and the term landscape architect or any abbreviation
thereof or any other designation which conveys the meaning of landscape
architect shall not appear in any partnership, firm, limited liability company,
or corporate name in which any person is identified who is in fact not a
licensed landscape architect. Upon approval of the
board
director,
any partnership, limited liability company, firm, or corporation may operate
branch offices in this state to provide landscape architectural services,
provided that each branch office has a resident landscape architect licensed
under this chapter. All classified directory listings, advertisements, signs,
and broadcast commercials, except letterheads and business cards, of
corporations, firms, limited liability companies, or partnerships offering
landscape architectural services shall include the name and license number of a
duly licensed landscape architect providing such services.
43-23-15.
Whenever,
in the judgment of the
board
director,
any person has engaged in any acts or practices which constitute or will
constitute a violation of this chapter, the Attorney General may bring an action
in the name of the state to abate and temporarily and permanently enjoin such
acts and practices and to enforce compliance with this chapter. The
board
director
shall not be required to give bond in any such action.
43-23-16.
Nothing
in this chapter shall be construed as excluding a qualified registered architect
or professional engineer from such landscape architectural practice as may be
incidental to the practice of his
or
her profession or as excluding a landscape
architect registered under this chapter from such architectural or engineering
practice as may be incidental to the practice of landscape
architecture.
43-23-17.
(a)
Except as otherwise provided in this chapter, this chapter shall not apply
to:
(1)
A contractor engaging in the business of or acting in the capacity of a
contractor or landscape contractor in this state, provided that he or she is the
prime contractor for the installation of his or her design. A contractor or
landscape contractor may not perform design services without also performing the
installation of said design;
(2)
Any person whose services are offered solely as a gardener or
nurseryman;
(3)
Any person qualified by training or experience or by both training and
experience whose services are offered solely as a municipal, regional, or urban
planner; or
(4)
Any person employed by a state agency, county, or municipality who engages in
the business of or acts in the capacity of a landscape architect, insofar as
such acts are performed in the course of employment with the respective
governmental entity on lands owned by the jurisdiction by which
employed.
(b)
None of the persons mentioned in subsection (a) of this Code section shall use
the title 'landscape architect' without complying with this
chapter.
43-23-18.
Any
person who shall practice the profession of landscape architecture or represent
himself or
herself as a landscape architect or act as
such, as
defined in this chapter, without first
obtaining a license to do so as provided in this chapter, or when such license
is revoked, shall be guilty of a misdemeanor.
43-23-19.
Any
person who violates any provision of this chapter shall be guilty of a
misdemeanor."
SECTION
1-23.
Said
title is further amended by revising Chapter 24, relating to librarians, as
follows:
"CHAPTER
24
43-24-1.
As
used in this chapter, the term:
(1)
'Board' means the State Board for the Certification of
Librarians, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(1.1)
'Director' means the director of professional licensing.
(2)
'Librarian' means a person with specialized training as identified in this
chapter and in the administrative rules and regulations applicable to this
chapter and possessing the necessary training and qualifications to plan,
organize, communicate, and administer successfully the use of the library's
materials and services.
(3)
'Library' means an organization providing services and informational materials
in a variety of formatting, including, but not limited to, books, films, tapes,
microforms, and periodicals and having no fewer than 3,000 items which have been
selected, acquired, and organized for dissemination.
(4)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
43-24-2.
(a)
The State Board for the Certification of Librarians is created
as a
professional licensing policy board, to
consist of six persons as follows:
(1)
Three librarians certified under this chapter, including one public librarian,
one special librarian, and one other currently practicing librarian, and one
person who shall be a trustee of a public library;
(2)
A member to be appointed from the public at large who shall have no connection
whatsoever with the library profession; and
(3)
The director of public library services of the Board of Regents of the
University System of Georgia.
(b)
The members referred to in paragraphs (1) and (2) of subsection (a) of this Code
section shall be appointed by the Governor and shall be confirmed by the
Senate.
(c)
The terms of the five members appointed pursuant to paragraphs (1) and (2) of
subsection (a) of this Code section shall be five years. The term of the
director of public library services of the Board of Regents of the University
System of Georgia shall be coextensive with the term of office of this
position.
(d)
Members of the board shall be reimbursed as provided for in subsection (f) of
Code Section 43-1-2.
(e)
If there is a vacancy on the board, the Governor shall appoint a member to serve
the unexpired term.
43-24-3.
The
same jurisdiction, duties, powers, and authority which the
division
director has with reference to other professional licensing boards is conferred
upon
that
the
director with respect to the board.
43-24-4.
Any
public library serving a political subdivision or subdivisions having a
population of over 5,000 according to the United States decennial census of 1970
or any future such census and every library operated by the state or its
authority, including libraries of institutions of higher learning, shall not
employ in the position of librarian a person who does not hold a librarian's
certificate issued by the
board
director.
No public funds shall be paid to any library failing to comply with this
chapter, provided that nothing in this chapter shall apply to law libraries of
counties and municipalities, to libraries of public elementary and high schools,
or to libraries of the University System of Georgia.
43-24-5.
The
licensing
board shall have authority to establish grades of certificates for librarians,
to prescribe and hold examinations,
and
to require submission of credentials to establish the qualifications of those
seeking certificates as
librarians,
and
.
43-24-5.1.
The
director shall have authority to issue
certificates of librarianship to qualified persons in accordance with such rules
and regulations as
it
the licensing
board may prescribe.
43-24-6.
(a)
All applicants for a librarian's certificate shall file an application with the
division
director, accompanied by a fee which shall be set by the
licensing
board.
(b)
Each certificate issued shall be renewable biennially.
(c)
Any certified librarian requesting a duplicate certificate shall be charged a
fee as shall be set by the
licensing
board.
43-24-7.
(a)
The
licensing
board shall be authorized to require persons holding a certificate under this
chapter to complete
licensing
board approved continuing education of not less than ten hours biennially as a
condition of certificate renewal. The
licensing
board shall be authorized to approve programs offered by professional
associations, educational institutions, government agencies,
and
bibliographic utilities, and others as it deems appropriate.
(b)
The
board
director
shall be authorized to waive the continuing education requirement in cases of
hardship, disability, or illness or under such other circumstances as the
licensing
board deems appropriate.
(c)
The
licensing
board shall be authorized to promulgate rules and regulations to implement and
ensure compliance with the requirements of this Code section.
(d)
The
board
director
shall have the authority to appoint a committee or committees composed of
certified librarians, as
it
he or
she deems appropriate, to
administer,
implement, and otherwise carry out
advise in the
administration and implementation of the
provisions of this chapter relating to continuing education."
SECTION
1-24.
Said
title is further amended by revising Chapter 24A, relating to massage therapy
practice, as follows:
"CHAPTER
24A
43-24A-1.
This
chapter shall be known and may be cited as the 'Georgia Massage Therapy Practice
Act.'
43-24A-2.
The
General Assembly acknowledges that the practice of massage therapy affects the
public health, safety, and welfare. Massage therapists must have a knowledge of
anatomy and physiology and an understanding of the relationship between the
structure and function of the tissue being treated and the total function of the
body. Massage is therapeutic and regulations are necessary to protect the
public from unqualified practitioners. It is in the interest of the public to
set standards of qualifications, education, training, and experience for those
who seek to practice massage therapy; to promote high standards of professional
performance for those licensed to practice massage therapy; and to protect the
public from unprofessional conduct by persons licensed to practice massage
therapy.
43-24A-3.
As
used in this chapter, the term:
(1)
'Advertise' means, but is not limited to, the issuing of or causing to be
distributed any card, sign, or other device or causing or permitting any sign or
marking on or in any building or structure, or in any newspaper, magazine, or
directory, or announcement on radio, or announcement or display on television,
computer network, or electronic or telephonic medium.
(2)
'Applicant' means any person seeking a license under this chapter.
(3)
'Board' means the Georgia Board of Massage Therapy established by this
chapter, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(4)
'Board
recognized massage program' means an educational program which meets the
standards for training and curriculum as set out by the board in its rules which
are consistent with the Nonpublic Postsecondary Education Commission as provided
in Code Section 20-3-250.4.
'Director'
means the director of professional licensing.
(4.1)
'Entity' means the owner or operator of a business where massage therapy for
compensation is performed.
(5)
'License' means a valid and current certificate of registration issued by the
board
director.
(6)
'Licensee' means any person holding a license.
(6.1)
'Licensing board' means the Georgia Board of Licensing and Registration created
by Article 2 of Chapter 1 of this title.
(6.2)
'Licensing board recognized massage program' means an educational program which
meets the standards for training and curriculum as set out by the licensing
board in its rules which are consistent with the Nonpublic Postsecondary
Education Commission as provided in Code Section 20-3-250.6.
(7)
'Massage therapist' means a person who administers massage or massage therapy
for compensation.
(8)
'Massage therapy' means the application of a system of structured touch,
pressure, movement, and holding to the soft tissue of the body in which the
primary intent is to enhance or restore health and well-being. The term
includes complementary methods, including without limitation the external
application of water, superficial heat, superficial cold, lubricants, salt
scrubs, or other topical preparations and the use of commercially available
electromechanical devices which do not require the use of transcutaneous
electrodes and which mimic or enhance the actions possible by the hands; the
term also includes determining whether massage therapy is appropriate or
contraindicated, or whether referral to another health care provider is
appropriate. Massage therapy shall not include the use of ultrasound,
fluidotherapy, laser, and other methods of deep thermal modalities.
(9)
'Person' means a natural person only.
(10)
'Provisionally permitted massage therapist' means a person issued a provisional
permit under this chapter.
43-24A-4.
(a)
There is created the Georgia Board of Massage Therapy
as a
professional licensing policy board which
shall consist of five members. The board shall be assigned to the Secretary of
State's office for administrative purposes and shall be under the jurisdiction
of the
division
director and shall operate in accordance with and pursuant to the provisions of
Chapter 1 of this title, as applicable.
(b)
The Governor shall appoint, subject to confirmation by the Senate, all members
of the board for initial terms of office beginning July 1, 2005. The Governor
shall appoint two initial members of the board to serve for terms of two years
and three initial members of the board, including the public member, to serve
for terms of four years. After the initial terms specified in this subsection,
members of the board shall take office on the first day of July immediately
following the expired term of that office and shall serve for a term of four
years and until their successors are appointed and qualified. Any person
appointed to the board when the Senate is not in session may serve on the board
without Senate confirmation until the Senate acts on that appointment. No
member shall serve on the board for more than two full consecutive terms. Any
vacancy due to death, resignation, removal, or otherwise shall be filled for the
remainder of the unexpired term in the same manner as regular
appointments.
(c)
All members of the board shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
(d)
An appointee to the board shall qualify by taking an oath of office within 15
days from the date of his or her appointment. On presentation of the oath, the
Secretary of State shall issue a commission to each appointee as evidence of his
or her authority to act as a member of the board.
43-24A-5.
(a)(1)
There shall be four professional members of the board who shall:
(A)
Be citizens of the United States and residents of this state for at least three
years prior to the date of appointment;
(B)
Have been engaged in massage therapy practice for compensation for at least five
years immediately preceding their appointment; and
(C)
Be eligible for licensure under this chapter. Effective July 1, 2006, and
thereafter, all professional members of the board shall be licensed under this
chapter.
(2)
No more than one professional member of the board may be an owner of or
affiliated with any massage school.
(b)
There shall be one consumer member of the board who shall be appointed by the
Governor from the public at large, shall be a citizen of the United States and
resident of this state, and shall be a person to whom neither this state nor any
other state or jurisdiction or organization has ever issued a certificate,
registration, license, or permit to engage in the practice of massage therapy
nor be an owner of or affiliated with any massage school.
(c)
The Governor, after notice and opportunity for hearing, may remove any member of
the board for incompetence, neglect of duty, unprofessional conduct, conviction
of a felony, failure to meet the qualifications of this chapter, or committing
any act prohibited by this chapter.
43-24A-6.
The
board shall meet at least once each year at a time fixed by the board. At its
annual meeting, the board shall elect from its members a chairperson, vice
chairperson, and any other officers as deemed necessary who shall hold office
for a term of one year. Additionally, the board may appoint such committees as
it considers necessary to fulfill its duties. In addition to its annual
meeting, the board may hold additional meetings at the call of the chairperson
or at the request of any two members of the board or as approved by the
division
director.
43-24A-7.
(a)
The
board
director
shall have the power to:
(1)
Examine and determine the qualifications and fitness of applicants for licenses
to practice massage therapy in this state;
(2)
Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice
massage therapy in this state or otherwise discipline licensed massage
therapists;
(3)
Conduct investigations for the purpose of discovering violations of this chapter
or grounds for disciplining persons or entities acting in violation of this
chapter;
(4)
Hold
hearings on all matters properly brought before the board and, in conjunction
therewith, to administer oaths, receive evidence, make the necessary
determinations, and enter
Enter
orders and
take other action consistent with
the
findings. The board may designate one or more of its members as its hearing
officer;
this chapter
which shall be entered in compliance with Code Section 43-1-3.1.
(5)
Adopt,
revise, and enforce rules concerning advertising by licensees including, but not
limited to, rules to prohibit false, misleading, or deceptive
practices;
(6)
Adopt an official seal; and
(7)
Bring proceedings to the courts for the enforcement of this chapter or any rules
and regulations promulgated pursuant to this chapter.
(b)
In addition
to the enumerated powers in subsection (a) of this Code section, the board has
the authority to conduct its business pursuant to the provisions of Code Section
43-1-19 which is incorporated herein and made a part of this chapter by specific
reference.
The licensing
board shall have the power to:
(1)
Adopt, revise, and enforce rules concerning advertising by licensees including,
but not limited to, rules to prohibit false, misleading, or deceptive practices;
and
(2)
Conduct hearings upon the petition of any person who is aggrieved or adversely
affected by an order or action of the director, which shall be conducted by the
licensing board in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
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 applicant for a license as a massage therapist
must submit a completed application upon a form and in such manner as the
licensing
board prescribes, accompanied by applicable fees, and evidence satisfactory to
the
board
director
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 agrees to provide the
board
director
with any and all information necessary to perform a criminal background check
and expressly consents and authorizes the
board
director
or
its
his or
her representative to perform such a
check;
(6)
The applicant has completed successfully a
licensing
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
licensing
board, or an examination administered by another state or jurisdiction whose
license requirements meet or exceed those of this state.
43-24A-9.
(a)
A provisional permit to practice as a provisionally permitted massage therapist
may be issued for a two-year period by the
board
director
to the following applicants:
(1)
An applicant licensed in another state with like or similar requirements for
licensure; or
(2)
An applicant who is not the holder of any massage therapy license.
(b)
Such permit shall authorize the applicant to work under the supervision of a
licensed massage therapist as provided by the
licensing
board.
(c)
The applicant, by submitting an application for a provisional permit, agrees to
provide the
board
director
with any and all information necessary to perform a criminal background check
and expressly consents and authorizes the
board
director
or
its
his or
her representative to perform such a
check.
(d)
Such provisional permit shall have the same force and effect as a permanent
license until the time of its expiration.
(e)
The provisional permit shall expire on the same date as a permanent license that
is issued to persons who have passed the examination.
43-24A-10.
The
licensing
board may require that all applications be made under oath.
43-24A-11.
(a)
Examinations shall be administered to qualified applicants at least twice each
calendar year.
(b)
Applicants may obtain their examination scores in accordance with such rules and
regulations as the
licensing
board may establish.
43-24A-12.
Reserved.
43-24A-13.
Any
applicant for a license by endorsement as a massage therapist must submit a
completed application upon a form and in such manner as the
licensing
board prescribes, accompanied by applicable fees, and evidence satisfactory to
the
board
director
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
director
with any and all information necessary to perform a criminal background check
and expressly consents and authorizes the
board
director
or
its
his or
her representative to perform such a
check; and
(4)
The applicant is currently licensed as a massage therapist in another
jurisdiction, state, or territory of the United States or foreign country which
requires standards for licensure considered by the
licensing
board to be equivalent to the requirements for licensure under this
chapter.
43-24A-14.
(a)
The licensee shall display the license certificate or a photocopy thereof in an
appropriate and public manner at each location at which he or she
practices.
(b)
All licenses shall expire biennially unless renewed. All applications for
renewal of a license shall be filed with the
division
director prior to the expiration date, accompanied by the biennial renewal fee
prescribed by the
licensing
board and certifying that all current requirements of continuing education as
determined by the
licensing
board have been fulfilled. The
licensing
board shall provide for penalty fees for late registration. The failure to
renew a license by the end of an established penalty period shall have the same
effect as a revocation of said license, subject to reinstatement only after
application and payment of the prescribed reinstatement fee within the time
period established by the
division
director, provided that the applicant meets such requirements as the
licensing
board may establish by rule.
(c)
The licensee shall inform the
board
director
of any change of address within 30 days.
(d)
Each person licensed under this chapter is responsible for renewing his or her
license before the expiration date.
(e)
Under procedures and conditions established by the
licensing
board, a licensee may request that his or her license be declared inactive. The
licensee may apply for active status at any time and upon meeting the conditions
set forth by the
licensing
board shall be declared active.
43-24A-15.
(a)
It shall be a violation of this chapter for any person or entity to advertise
massage therapy services or to advertise the offering of massage therapy
services unless such services are provided by a person who holds a valid license
under this chapter.
(b)
It shall be a violation of this chapter for any person to
advertise:
(1)
As a massage therapist unless the person holds a valid license under this
chapter in the classification so advertised; or
(2)
Massage therapy services combined with escort or dating services or adult
entertainment.
(c)
It shall be a violation of this chapter for a person or entity, or the
employees, agents, or representatives of such person or entity, to practice
massage therapy or to use in connection with such person's or entity's name or
business activity the terms 'massage,' 'massage therapy,' 'massage therapist,'
'massage practitioner,' or the letters 'M.T.,' 'L.M.T.,' or any other words,
letters, abbreviations, or insignia indicating or implying directly or
indirectly that massage therapy is provided or supplied unless such massage
therapy is provided by a massage therapist licensed and practicing in accordance
with this chapter.
(d)
It shall be a violation of this chapter for any entity to:
(1)
Advertise the offering of massage therapy services combined with escort or
dating services or adult entertainment; or
(2)
Employ unlicensed massage therapists to perform massage therapy.
(e)
It shall be a violation of this chapter for any person to practice massage
therapy without holding a current or provisional license as a massage therapist
in accordance with subsection (a) of Code Section 43-24A-8.
(f)
It shall be a violation of this chapter for any person or entity, or the
employees, agents, or representatives of such person or entity, to render or
offer massage therapy services for compensation unless such massage therapy is
provided by a licensed massage therapist.
43-24A-16.
The
practice of massage therapy is declared to be an activity affecting the public
interest and involving the health, safety, and welfare of the public. Such
practice by a person who is not licensed to practice in this state is declared
to be a public nuisance, harmful to the public health, safety, and welfare. Any
citizen of this state, the board,
the
director, or the appropriate prosecuting
attorney where such practice is carried on by such unlicensed person may, on
behalf of the public, bring an action to restrain and enjoin such unlicensed
practice in the superior court of the county where such unlicensed person
resides or works. It shall not be necessary in order to obtain an injunction
under this Code section to allege or prove that there is no adequate remedy at
law or to allege or prove any special injury.
43-24A-17.
(a)
The
board
director
may take any one or more of the following actions against a person or entity
found by the
board
director
to have committed a violation of this chapter:
(1)
Reprimand or place the licensee on probation;
(2)
Revoke or suspend the license or deny the issuance or renewal of a
license;
(3)
Impose an administrative fine not to exceed $500.00 for each violation;
and
(4)
Assess costs against the violator for expenses relating to the investigation and
administrative action.
(b)
The
board
director
may assess collection costs and interest for the collection of fines imposed
under this chapter against any person or entity that fails to pay a fine
as directed
by the board
pursuant to an
order entered by the
director.
43-24A-18.
Proceedings
under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
43-24A-19.
Nothing
in this chapter shall be construed to affect, restrict, or prevent the practice,
services, or activities of:
(1)
A person licensed, registered, or certified under any other chapter or article
under Title 43 while engaged in the professional or trade practices properly
conducted under authority of such other licensing laws, provided that such
person shall not use the title of massage therapist;
(2)
A person pursuing a course of study leading to a degree or certificate as a
massage therapist in an educational program recognized by the
licensing
board, if such person is designated by title indicating student status and is
fulfilling uncompensated work experiences required for the attainment of the
degree or certificate;
(3)
A nonresident person rendering massage therapy up to 60 days during a 12 month
period for treatment of a temporary sojourner only, provided that such
nonresident massage therapist holds a license, registration, or certification
from another state, jurisdiction, or country if the requirements as determined
by the
board
director
for licensure are substantially equal to the requirements contained in this
chapter or provided that such nonresident massage therapist is currently
nationally certified in therapeutic massage and bodywork;
(4)
A person duly licensed, registered, or certified in another jurisdiction, state,
territory, or a foreign country when incidentally in this state to provide
service as part of an emergency response team working in conjunction with
disaster relief officials or as part of a charity event with which he or she
comes into the state;
(5)
A person who restricts his or her practice to the manipulation of the soft
tissue of the human body to hands, feet, or ears who does not have the client
disrobe and does not hold himself or herself out as a massage
therapist;
(6)
A person who uses touch, words, and directed movement to deepen awareness of
existing patterns of movement in the body as well as to suggest new
possibilities of movement while engaged within the scope of practice of a
profession with established standards and ethics, provided that his or her
services are not designated or implied to be massage or massage
therapy;
(7)
A person who uses touch and movement education to effect change in the structure
of the body while engaged in the practice of structural integration, provided
that he or she is a member of, or whose training would qualify for membership
in, the International Association of Structural Integrators and provided that
his or her services are not designated or implied to be massage or massage
therapy;
(8)
A person who uses touch to affect the energy systems, polarity, acupoints, or Qi
meridians, also known as channels of energy, of the human body while engaged
within the scope of practice of a profession with established standards and
ethics, provided that his or her services are not designated or implied to be
massage or massage therapy; or
(9)
A person who was engaged in massage therapy practice prior to July 1, 2005;
provided, however, the prohibition of subsection (c) of Code Section 43-24A-15
shall apply to such a person on and after July 1, 2007.
43-24A-20.
The
licensing
board shall establish continuing education requirements not to exceed 25 hours
per biennium. The
licensing
board shall by rule establish criteria for the approval of continuing education
programs or courses. The programs or courses approved by the
licensing
board may include correspondence courses that meet the criteria for continuing
education courses.
43-24A-21.
As
cumulative to any other remedy or criminal prosecution, the
board
director
may file a proceeding in the name of the state seeking issuance of a restraining
order, injunction, or writ of mandamus against any person who is or has been
violating any of the provisions of this chapter or the lawful rules or orders of
the
licensing
board.
43-24A-22.
(a)
This chapter shall not be construed to prohibit a county or municipality from
enacting any regulation of persons not licensed pursuant to this chapter. Any
place of business where massage therapy for compensation is performed shall also
be subject to regulation by local governing authorities.
(b)
No provision of any ordinance enacted by a municipality, county, or other
jurisdiction that relates to the practice of massage therapy or requires
licensure of a massage therapist may be enforced against a person who is issued
a license
by the
board under this chapter.
43-24A-23.
Notwithstanding
any provision of law to the contrary, the act of a duly licensed massage
therapist in performing a massage shall be deemed to be the act of a health care
professional and shall not be subject to the collection of any form of state or
local taxation regulations not also imposed on other professional health care
activities.
43-24A-24.
(a)
Any person who acts in violation of Code Section 43-24A-15, upon conviction
thereof, shall be punished as provided in this Code section.
(b)
Each act of unlawful practice under this Code section shall constitute a
distinct and separate offense.
(c)
Upon being convicted a first time under this Code section, such person or entity
shall be guilty of and shall be punished as for a misdemeanor for each offense.
Upon being convicted a second time under this Code section, such person or
entity shall be guilty of and shall be punished as for a misdemeanor of a high
and aggravated nature. Upon being convicted a third or subsequent time under
this Code section, such person or entity shall be guilty of a felony and shall
be punished by a fine of not more than $25,000.00 for each offense, imprisonment
for not less than one nor more than five years, or both."
SECTION
1-25.
Said
title is further amended by revising Chapter 26, relating to nurses, as
follows:
"CHAPTER
26
ARTICLE 1
ARTICLE 1
43-26-1.
This
article shall be known and may be cited as the 'Georgia Registered Professional
Nurse Practice Act.'
43-26-2.
The
purpose of this article is to protect, promote, and preserve the public health,
safety, and welfare through legislative regulation and control of registered
professional nursing education and practice. This article ensures that any
person practicing or offering to practice nursing or using the title registered
professional nurse, as defined in this article, within the State of Georgia,
shall be licensed as provided in this article.
43-26-3.
As
used in this article, the term:
(1)
'Advanced nursing practice' means practice by a registered professional nurse
who meets those educational, practice, certification requirements, or any
combination of such requirements, as specified by the
licensing
board and includes certified nurse midwives, nurse practitioners, certified
registered nurse anesthetists, clinical nurse specialists in psychiatric/mental
health, and others recognized by the
licensing
board.
(1.1)
'Advanced practice registered nurse' means a registered professional nurse
licensed under this chapter who is recognized by the
licensing
board as having met the requirements established by the
licensing
board to engage in advanced nursing practice and who holds a master's degree or
other graduate degree from an approved nursing education program and national
board certification in his or her area of specialty, or a person who was
recognized as an advanced practice registered nurse by the board on or before
June 30, 2006. This paragraph shall not be construed to require a certified
registered nurse anesthetist who graduated from an approved nurse anesthetist
educational program prior to January 1, 1999, to hold a master's degree or other
graduate degree.
(1.2)
'Approved nursing education program' located in this state means a nursing
education program approved by the
licensing
board as meeting criteria established by the
licensing
board. An 'approved nursing education program' located outside this state means
a nursing education program that the
licensing
board has determined to meet criteria similar to and not less stringent than
criteria established by the
licensing
board. In order to be approved by the
licensing
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;
(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
licensing
board to meet criteria similar to and not less stringent than criteria
established by the
licensing
board for other approved nursing education programs.
(2)
'Board' means the Georgia Board of Nursing created in Code Section
43-26-4, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(3)
'Consumer member' means a United States citizen and Georgia resident who is
knowledgeable about consumer health concerns, does not derive that person's
primary livelihood from the practice of nursing, and shall neither be, nor ever
have been, a health care provider or enrolled in any health related educational
program.
(3.1)
'Director' means the director of professional licensing.
(4)
'License' means a current document, issued by the
board
director,
permitting a person to practice nursing as a registered professional nurse or a
licensed undergraduate nurse.
(4.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(5)
'Licensure' means the bestowing of a current license by the
board
director
permitting a person to practice nursing as a registered professional nurse or a
licensed undergraduate nurse.
(6)
'Practice nursing' or 'practice of nursing' means to perform for compensation or
the performance for compensation of any act in the care and counsel of the ill,
injured, or infirm, and in the promotion and maintenance of health with
individuals, groups, or both throughout the life span. It requires substantial
specialized knowledge of the humanities, natural sciences, social sciences, and
nursing theory as a basis for assessment, nursing diagnosis, planning,
intervention, and evaluation. It includes, but is not limited to, provision of
nursing care; administration, supervision, evaluation, or any combination
thereof, of nursing practice; teaching; counseling;
and
the administration of medications and treatments as prescribed by a physician
practicing medicine in accordance with Article 2 of Chapter 34 of this title,
or
a dentist practicing dentistry in accordance with Chapter 11 of this title, or a
podiatrist practicing podiatry in accordance with Chapter 35 of this
title.
(7)
'Practice nursing as a licensed undergraduate nurse' means to practice nursing
by performing for compensation selected acts in the care of the ill, injured, or
infirm under the direction of a registered professional nurse, a physician
practicing medicine in accordance with Article 2 of Chapter 34 of this title, a
dentist practicing dentistry in accordance with Chapter 11 of this title, or a
podiatrist practicing podiatry in accordance with Chapter 35 of this
title.
(8)
'Practice nursing as a registered professional nurse' means to practice nursing
by performing for compensation any of the following:
(A)
Assessing the health status of individuals, groups, or both throughout the life
span;
(B)
Establishing a nursing diagnosis;
(C)
Establishing nursing goals to meet identified health care needs;
(D)
Planning, implementing, and evaluating nursing care;
(E)
Providing for safe and effective nursing care rendered directly or
indirectly;
(F)
Managing and supervising the practice of nursing;
(G)
Collaborating with other members of the health care team in the management of
care;
(H)
Teaching the theory and practice of nursing;
(I)
Administering, ordering, and dispensing medications, diagnostic studies, and
medical treatments authorized by protocol, when such acts are authorized by
other general laws and such acts are in conformity with those laws;
(J)
Administering medications and treatments as prescribed by a physician practicing
medicine in accordance with Article 2 of Chapter 34 of this title, a dentist
practicing dentistry in accordance with Chapter 11 of this title, or a
podiatrist practicing podiatry in accordance with Chapter 35 of this title;
or
(K)
Performing any other nursing act in the care and counsel of the ill, injured, or
infirm, and in the promotion and maintenance of health with individuals, groups,
or both throughout the life span.
(9)
'Registered professional nurse' means a person who is authorized by a license
issued under this article to practice nursing as a registered professional
nurse.
43-26-4.
(a)
The Georgia Board of Nursing existing immediately prior to April 4, 1990, is
continued in existence
as a
professional licensing policy board and
shall continue to consist of eight members to be appointed by the Governor with
the confirmation of the Senate. Members shall serve three-year terms and until
their successors are duly appointed and qualified. Those persons serving as
members of the board immediately prior to April 4, 1990, shall continue to serve
out their respective terms of office and until their respective successors are
appointed and qualified. No member shall be appointed to more than two
consecutive full terms, and for purposes of this limitation, an appointment to
fill a vacancy for an unexpired term of two or more years shall constitute an
appointment for a full term.
(b)
A vacancy on the board for any reason other than expiration of the term shall be
filled for the remainder of the unexpired term by appointment of the Governor
with the confirmation of the Senate.
(c)
Each of seven members appointed to the board shall be a registered professional
nurse; shall have practiced nursing as a registered professional nurse for at
least five years since graduation and immediately prior to appointment; shall be
engaged in paid employment in clinical, educational, or administrative
positions, or any combination thereof; shall be a citizen of the United States;
and a resident of Georgia. The eighth member shall be a consumer member
appointed by the Governor.
(d)
No fewer than two members of the board shall hold master's or doctoral degrees
or both. No fewer than two members of the board shall be currently employed in
nursing service administration. No fewer than two members of the board shall be
currently employed in professional nursing education. No two members of the
board shall be employed by the same private school, school within the University
System of Georgia, private employer, agency of state government, or another
public employer. In the event a board member changes employment which causes a
conflict with this subsection, the position of the member making such change
shall be immediately vacant and a new member appointed to fill the
vacancy.
(e)
The board shall meet annually and shall elect from its members a president, vice
president, and other officers as deemed necessary. All officers shall serve for
terms of one year and until their successors have been elected.
The
Upon approval
of the director, the board may hold such
other meetings during the year as necessary to transact its
business.
43-26-5.
(a)
The
board
director
shall:
(1)
Be responsible for the enforcement of the provisions of this article and shall
be specifically granted all of the necessary duties, powers, and authority to
carry out this responsibility;
(2)
Be
authorized to draft, adopt, amend, repeal, and enforce such rules as it deems
necessary for the administration and enforcement of this article in the
protection of public health, safety, and welfare;
(3)
Enforce qualifications for licensure;
(4)
Develop and enforce reasonable and uniform standards for nursing education and
nursing practice;
(5)(3)
Periodically evaluate nursing education programs and approve such programs as
meet the
licensing
board's requirements;
(6)(4)
Deny or withdraw approval from noncompliant nursing education
programs;
(7)(5)
License duly qualified applicants by examination, endorsement, or
reinstatement;
(8)(6)
Be authorized to issue temporary permits;
(9)(7)
Renew licenses of registered professional nurses and licensed undergraduate
nurses in accordance with this article;
(10)
Be authorized to set standards for competency of licensees continuing in or
returning to practice;
(11)
Set standards for and regulate advanced nursing practice;
(12)
Be authorized to enact rules and regulations for registered professional nurses
in their performing acts under a nurse protocol as authorized in Code Section
43-34-23 and enact rules and regulations for advanced practice registered nurses
in performing acts as authorized in Code Section 43-34-25;
(13)(8)
Implement the disciplinary process;
(14)(9)
Be authorized to issue orders when a license is surrendered to the
board
director
while a complaint, investigation, or disciplinary action against such license is
pending;
(15)(10)
Issue a limited license to practice nursing subject to such terms and conditions
as the
licensing
board may impose;
(16)(11)
Provide consultation and conduct conferences, forums, studies, and research on
nursing education and nursing practice;
(17)
Approve the selection of a qualified person to serve as executive
director;
(18)
Be authorized to appoint standing or ad hoc committees as necessary to inform
and make recommendations to the board about issues and concerns and to
facilitate communication amongst the board, licensees, and the
community;
(19)
Maintain membership in the national organization which develops and regulates
the nursing licensing examination;
(20)(12)
Be authorized to collect data regarding existing nursing resources in Georgia
and coordinate planning for nursing education and nursing practice;
and
(21)
Determine fees; and
(22)
Adopt a seal which shall be in the care of the executive director and shall be
affixed only in such a manner as prescribed by the board.
(13)
Enter orders or take other action consistent this chapter, which shall be
entered in compliance with Code Section 43-1-3.1.
(b)
The licensing board shall:
(1)
Be authorized to draft, adopt, amend, repeal, and enforce such rules as it deems
necessary for the administration and enforcement of this article in the
protection of public health, safety, and welfare;
(2)
Develop and enforce reasonable and uniform standards for nursing education and
nursing practice;
(3)
Be authorized to set standards for competency of licensees continuing in or
returning to practice;
(4)
Set standards for and regulate advanced nursing practice;
(5)
Be authorized to enact rules and regulations for registered professional nurses
in their performing acts under a nurse protocol as authorized in Code Section
43-34-23 and enact rules and regulations for advanced practice registered nurses
in performing acts as authorized in Code Section 43-34-25;
(6)
Maintain membership in the national organization which develops and regulates
the nursing licensing examination;
(7)
Determine fees;
(8)
Conduct hearings upon the petition of any person who is aggrieved or adversely
affected by an order or action of the director, which shall be conducted by the
licensing board in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act'; and
(9)
Be authorized to appoint standing or ad hoc committees as necessary to inform
and make recommendations to the licensing board about issues and concerns and to
facilitate communication amongst the licensing board, licensees, and the
community.
(c)
The
licensing
board shall be the sole professional licensing board for determining if a
registered professional nurse or any other person has engaged illegally in the
practice of nursing. If a registered professional nurse is charged with the
unauthorized practice of any other health profession by any other board, such
board shall notify the
Georgia
Board of Nursing
director
before conducting any hearing. Nothing contained in this article shall be
construed to limit any powers of any other board
or the
director.
(c)(d)
Chapter 1 of this title is expressly adopted and incorporated by reference into
this article as if all the provisions of such chapter were included in this
article.
43-26-6.
(a)
Any person who is licensed as a registered professional nurse shall have the
right to use the title 'registered professional nurse' and the abbreviation
'R.N.' Any person recognized by the
board
director
as an advanced practice registered nurse shall have the right to use the title
'advanced practice registered nurse' and the abbreviation 'A.P.R.N.' No other
person shall assume such titles or use such abbreviations or any other words,
letters, signs, or symbols to indicate that such person is a registered
professional nurse or an advanced practice registered nurse in Georgia. Nothing
in this subsection shall be construed to repeal the right of any person who is
licensed as a registered professional nurse or recognized by the
board
director
as an advanced practice registered nurse on June 30, 2006, to be licensed and to
use the title 'registered professional nurse' or to use the title 'advanced
practice registered nurse,' respectively.
(b)
Any person holding a license to practice nursing as a licensed undergraduate
nurse,
which
license
was issued by the board and valid on July 1, 1975, shall be deemed to be
licensed to practice nursing as a licensed undergraduate nurse under this
article and shall have the right to use the title 'licensed undergraduate nurse'
and the abbreviation 'L.U.N.' No other person shall assume such title or use
such abbreviation or any other words, letters, signs, or symbols to indicate
that such person is licensed to practice nursing as a licensed undergraduate
nurse. After July 1, 1975, there shall be no new certificates issued for
licensure to practice nursing as a licensed undergraduate nurse.
(c)
Any person who is licensed as a registered professional nurse shall identify
that he or she is so licensed by displaying either the title 'registered
professional nurse' or 'registered nurse,' the abbreviation 'R.N.,' the title
'advanced practice registered nurse,' or the abbreviation 'A.P.R.N.' on a name
tag or other similar form of identification during times when such person is
providing direct patient care. An advanced practice registered nurse shall meet
the identification requirements of this subsection by displaying the title or
abbreviation of his or her area of specialization.
(d)
No person shall use the title 'nurse' or any other title or abbreviation that
would represent to the public that a person is authorized to practice nursing
unless the person is licensed or otherwise authorized under this article or
Article 2 of this chapter.
43-26-7.
(a)
Any applicant who meets the requirements of this Code section shall be eligible
for licensure as a registered professional nurse.
(b)
An applicant for licensure by examination shall:
(1)
Submit a completed written application and fee;
(2)(A)
Have graduated from an approved nursing education program, as defined in Code
Section 43-26-3; or
(B)(i)
Notwithstanding subparagraph (A) of this paragraph, have graduated from a
nontraditional nursing education program approved by the
licensing
board which meets the requirements in subsection (e) of this Code section;
and
(ii)(I)
If the applicant entered the nontraditional nursing education program as a
licensed practical nurse and had an academic education as a licensed practical
nurse that included clinical training in pediatrics, obstetrics and gynecology,
medical-surgical, and mental illness, have at least two years of clinical
experience in the five years preceding the date of the application in an acute
care inpatient facility or a long-term acute care facility as a licensed
practical nurse, as approved by the
licensing
board. Such clinical experience shall be documented in writing by the
applicant's immediate supervisor stating that, in his or her opinion, the
applicant has exhibited the critical thinking abilities, clinical skills, and
leadership abilities that would indicate the ability to work as a beginning
registered professional nurse;
(II)
If the applicant entered the nontraditional nursing education program as a
licensed practical nurse, had an academic education as a licensed practical
nurse that included clinical training in pediatrics, obstetrics and gynecology,
medical-surgical, and mental illness, and has at least two years of experience
as a licensed practical nurse in any setting, although such experience shall be
exclusive of night duty in a skilled nursing facility, but less than two years
of experience in the five years preceding the date of the application in an
acute care inpatient facility or a long-term acute care facility, as approved by
the
licensing
board, have completed a 320 hour postgraduate preceptorship. If the applicant
can show that he or she cannot find a preceptorship in an acute care inpatient
facility or a long-term acute care facility, the
licensing
board may authorize a preceptorship pursuant to this subdivision in a skilled
nursing facility, if such facility has 100 beds or more and such facility
ensures to the
licensing
board that the applicant will be providing health care to patients with similar
health care needs as those patients in a long-term acute care
facility;
(III)
If the applicant entered the nontraditional nursing education program as (1) a
paramedic with at least two years of experience as a paramedic or (2) a licensed
practical nurse with less than two years of clinical experience in the five
years preceding the date of the application in an acute care inpatient facility
or a long-term acute care facility as a licensed practical nurse whose academic
training as a licensed practical nurse did not include clinical training in
pediatrics, obstetrics and gynecology, medical-surgical, and mental illness,
have completed a 480 hour postgraduate preceptorship. Such preceptorship shall
be in the area or areas as determined by the
licensing
board on a case-by-case basis, which may include pediatrics, obstetrics and
gynecology, medical-surgical, mental illness, and transition into the role of a
registered professional nurse;
(IV)
If the applicant entered the nontraditional nursing education program as a
military medical corpsman and has at least two years of experience as a military
medical corpsman, have completed a postgraduate preceptorship of at least 480
hours but not more than 640 hours, as determined by the
licensing
board; or
(V)
If the applicant does not meet the requirements of subdivision (I), (II), (III),
or (IV) of this division and the applicant entered a nontraditional nursing
education program before July 1, 2008, which meets the requirements of
subsection (e) of this Code section and completes such program no later than
June 30, 2015, have completed a 640 hour postgraduate preceptorship arranged by
the applicant under the supervision of a registered professional nurse. The
preceptorship shall have prior approval of the
licensing
board, and successful completion of the preceptorship shall be verified in
writing by the preceptor. The preceptorship shall be in an acute care inpatient
facility or a long-term acute care facility; provided, however, that the
licensing
board may authorize a preceptorship pursuant to this subdivision in other
facilities to obtain specialized experience in certain areas.
All
preceptorships required pursuant to this division shall be arranged by the
applicant under the close supervision of a registered professional nurse where
such applicant is transitioned into the role of a registered professional nurse
and the applicant performs duties typically performed by registered professional
nurses. Except as otherwise provided in subdivision (II) of this division, a
preceptorship shall be in an acute care inpatient facility or a long-term acute
care facility; provided, however, that the
licensing
board may authorize a preceptorship in other facilities to obtain specialized
experience in certain areas. The preceptorship shall have prior approval of the
licensing
board, and successful completion of the preceptorship shall be documented in
writing by the preceptor stating that, in his or her opinion, the applicant has
exhibited the critical thinking abilities, clinical skills, and leadership
abilities necessary to practice as a beginning registered professional nurse.
No later than August 1, 2011, the board shall develop and make available one or
more standard forms for use by and assistance to applicants in securing and
completing
preceptorships;
after July 1, 2012, the licensing board shall be authorized to amend and make
available such forms. Such form or forms
shall include information relating to the specific requirements for
preceptorships, including the minimum qualifications of the preceptor, the type
of training required, and the documentation required upon completion of the
preceptorship. The
licensing
board shall make the determinations required by this division in accordance with
its established guidelines;
(3)
Pass a
licensing
board recognized licensing examination; provided, however, that such examination
may not be taken prior to graduation from the approved nursing education
program. In no way shall the passage of such examination by a graduate of a
nontraditional nursing education program who does not meet the other
requirements of this subsection be construed to authorize such individual to
practice nursing, to require the
board
director
to license such individual as a registered professional nurse other than to
issue in
its
his or
her sole discretion a temporary permit
pursuant to Code Section 43-26-8, or to be endorsed from another state as a
registered professional nurse;
(4)
Have 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
licensing
board. Application for a license under this Code section shall constitute
express consent and authorization for the
board
director
or
its
his or
her representative to perform a criminal
background check. Each applicant who submits an application to the
board
director
for licensure by examination agrees to provide the
board
director
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; and
(5)
Meet such other criteria as established by the
licensing
board.
(c)
An applicant for licensure by endorsement shall:
(1)
Submit a completed written application and fee;
(2)(A)
Have passed a
licensing
board recognized licensing examination following graduation from an approved
nursing education program, as defined in Code Section 43-26-3; or
(B)
Notwithstanding subparagraph (A) of this paragraph, have graduated from a
nontraditional nursing education program approved by the
licensing
board which meets the requirements in subsection (e) of this Code
section;
(3)
Submit verification of initial and current licensure in any other licensing
jurisdiction administering a
licensing
board recognized licensing examination;
(4)(A)
Have practiced nursing as a registered professional nurse for a period of time
as determined by the
licensing
board or have graduated from a nursing education program within the four years
immediately preceding the date of the application;
(B)
If the applicant entered a nontraditional nursing education program as a
licensed practical nurse whose academic education as a licensed practical nurse
included clinical training in pediatrics, obstetrics and gynecology,
medical-surgical, and mental illness, have practiced nursing as a registered
professional nurse in a health care facility for at least one year in the three
years preceding the date of the application, and such practice is documented by
the applicant and approved by the
licensing
board; provided, however, that for an applicant
that
who
does not meet the experience requirement of this subparagraph, the
licensing
board shall require the applicant to complete a 320 hour postgraduate
preceptorship arranged by the applicant under the oversight of a registered
nurse where such applicant is transitioned into the role of a registered
professional nurse. The preceptorship shall have prior approval of the
licensing
board, and successful completion of the preceptorship shall be verified in
writing by the preceptor; or
(C)
If the applicant entered a nontraditional nursing education program as anything
other than a licensed practical nurse whose academic education as a licensed
practical nurse included clinical training in pediatrics, obstetrics and
gynecology, medical-surgical, and mental illness, have graduated from such
program and practiced nursing as a registered professional nurse in a health
care facility for at least two years in the five years preceding the date of the
application, and such practice is documented by the applicant and approved by
the
licensing
board; provided, however, that for an applicant
that
who
does not meet the experience requirement of this subparagraph, the
licensing
board shall require the applicant to complete a postgraduate preceptorship of at
least 480 hours but not more than 640 hours, as determined by the
licensing
board, arranged by the applicant under the oversight of a registered
professional nurse where such applicant is transitioned into the role of a
registered professional nurse. The preceptorship shall have prior approval of
the
licensing
board, and successful completion of the preceptorship shall be verified in
writing by the preceptor.
For
purposes of this paragraph, the term 'health care facility' means an acute care
inpatient facility, a long-term acute care facility, an ambulatory surgical
center or obstetrical facility as defined in Code Section 31-6-2, and a skilled
nursing facility, so long as such skilled nursing facility has 100 beds or more
and provides health care to patients with similar health care needs as those
patients in a long-term acute care facility;
(5)
Have 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
director.
Application for a license under this Code section shall constitute express
consent and authorization for the
board
director
or
its
his or
her representative to perform a criminal
background check. Each applicant who submits an application to the
board
director
for licensure by examination agrees to provide the
board
director
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; and
(6)
Meet such other criteria as established by the
licensing
board.
(d)
An applicant for reinstatement who has previously held a valid license in
Georgia shall:
(1)
Submit a completed written application and fee;
(2)
Have practiced nursing as a registered professional nurse for a period of time
as determined by the
licensing
board or have graduated from an approved nursing education program, as defined
in Code Section 43-26-3, within the four years immediately preceding the date of
the application;
(3)
Have 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
director.
Application for a license under this Code section shall constitute express
consent and authorization for the
board
director
or
its
his or
her representative to perform a criminal
background check. Each applicant who submits an application to the
board
director
for licensure by examination agrees to provide the
board
director
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; and
(4)
Meet such other criteria as established by the
licensing
board.
(e)
A nontraditional nursing education program shall meet the following
requirements:
(1)
Is part of an institution of higher education that is approved by the
appropriate regulatory authorities of its home state;
(2)
Holds regional and specialty accreditation by an accrediting body or bodies
recognized by the United States Secretary of Education or the Council for Higher
Education Accreditation;
(3)
Requires its students to pass faculty determined program outcomes, including
competency based assessments of nursing knowledge and a summative performance
assessment of clinical competency of a minimum of 2 1/2 days developed by
faculty subject matter experts that follows nationally recognized standards for
educational testing; and
(4)
Its graduates pass a
licensing
board recognized licensing examination at a rate equivalent to the minimum rate
required for
licensing
board approved traditional nursing education programs.
43-26-8.
(a)
A temporary permit may be issued to an applicant for licensure by examination,
endorsement, or reinstatement in accordance with criteria established by the
licensing
board.
(b)
A six-month temporary permit may be issued to a graduate of a nontraditional
nursing education program that meets the requirements of subsection (e) of Code
Section 43-26-7 to practice nursing only as a part of his or her
licensing
board approved preceptorship. A temporary permit issued pursuant to this
subsection may be renewed only one time for an additional six-month
period.
43-26-9.
(a)
Licenses issued under this article shall be renewed biennially according to
schedules and fees approved by the
licensing
board.
(b)
A renewed license shall be issued to a registered professional nurse or licensed
undergraduate nurse who remits the required fee and complies with requirements
established by the
licensing
board.
(c)
The voluntary surrender of a license or the failure to renew a license by the
end of an established penalty period shall have the same effect as a revocation
of said license, subject to reinstatement at the discretion of the
licensing
board. The
board
director
may restore and reissue a license and, as a condition thereof, may impose any
disciplinary sanction provided by Code Section
43-1-19
or 43-26-11
or Code
Section 43-1-19.
43-26-10.
It
shall be a misdemeanor for any person, including any corporation, association,
or individual, to:
(1)
Practice nursing as a registered professional nurse, without a valid, current
license, except as otherwise permitted under Code Section 43-26-12;
(2)
Practice nursing as a registered professional nurse under cover of any diploma,
license, or record illegally or fraudulently obtained, signed, or
issued;
(3)
Practice nursing as a registered professional nurse during the time the license
is suspended, revoked, surrendered, or administratively revoked for failure to
renew;
(4)
Use any words, abbreviations, figures, letters, title, sign, card, or device
implying that such person is a registered professional nurse or advanced
practice registered nurse unless such person is duly licensed or recognized by
the
licensing
board so to practice under the provisions of this article;
(5)
Fraudulently furnish a license to practice nursing as a registered professional
nurse;
(6)
Knowingly employ any person to practice nursing as a registered professional
nurse who is not a registered professional nurse;
(7)
Conduct a nursing education program preparing persons to practice nursing as
registered professional nurses unless the program has been approved by the
licensing
board; or
(8)
Knowingly aid or abet any person to violate this article.
43-26-11.
(a)
In addition to the authority granted in Code Section 43-1-19, the
board
director
shall have the authority to refuse to grant a license to an applicant, to revoke
the license of a licensee, or to discipline a licensee upon a finding by the
board
director
that the applicant or licensee has:
(1)
Been convicted of any felony, crime involving moral turpitude, or crime
violating a federal or state law relating to controlled substances or dangerous
drugs in the courts of this state, any other state, territory, or country, or in
the courts of the United States, including but not limited to a plea of nolo
contendere entered to the charge; or
(2)(A)
Displayed an inability to practice nursing as a registered professional nurse or
licensed undergraduate nurse with reasonable skill and safety due to illness,
use of alcohol, drugs, narcotics, chemicals, or any other type of material, or
as a result of any mental or physical condition.
(B)
In enforcement of this paragraph, the
board
director
may, upon reasonable grounds, require a licensee or applicant to submit to a
mental or physical examination by a
board
approved health care professional
approved by
the director. The results of such
examination shall be admissible in any hearing before the
licensing
board, notwithstanding any claim of privilege under a contrary law or rule.
Every person who is licensed to practice nursing as a registered professional
nurse or licensed undergraduate nurse in this state or who shall file an
application shall be deemed to have given such person's consent to submit to
such mental or physical examination and to have waived all objections to the
admissibility of the results in any hearing before the
licensing
board upon the grounds that the same constitutes a privileged communication. If
a licensee or applicant fails to submit to such an examination when properly
directed to do so by the
licensing
board, unless such failure was due to circumstances beyond that person's
control, the
board
director
may enter a final order
upon proper
notice, hearing, and proof of such refusal
in compliance
with Code Section 43-1-3.1. Any licensee
or applicant who is prohibited from practicing under this paragraph shall at
reasonable intervals be afforded an opportunity to demonstrate to the
licensing
board that such person can resume or begin to practice with reasonable skill and
safety nursing as a registered professional nurse or licensed undergraduate
nurse.
(C)
In enforcement of this paragraph the
board
director
may, upon reasonable grounds, obtain any and all records relating to the mental
or physical condition of a licensee or applicant, including psychiatric records;
and such records shall be admissible in any hearing before the
licensing
board, notwithstanding any privilege under a contrary rule of law or statute.
Every person who is licensed as a registered professional nurse or licensed
undergraduate nurse in this state or who shall file an application shall be
deemed to have given such person's consent to the
board's
director
obtaining any such records and to have waived all objections to the
admissibility of such records in any hearing before the
licensing
board upon the grounds that the same constitute a privileged
communication.
(b)
Any action of the director taken pursuant to this Code section shall be made in
compliance with Code Section 43-1-3.1.
43-26-11.1.
In
any case where it is lawful for a duly licensed physician practicing medicine
under the laws of this state to administer anesthesia, such anesthesia may be
administered by a certified registered nurse anesthetist, provided that such
anesthesia is administered under the direction and responsibility of a duly
licensed physician.
43-26-12.
(a)
No provision in this article shall be construed to require licensure in Georgia
as a registered professional nurse in:
(1)
The practice of nursing by students that is an integral part of a curriculum in
a
licensing
board approved nursing education program leading to initial
licensure;
(2)
The rendering of assistance by anyone in the case of an emergency or
disaster;
(3)
The incidental care of the sick by members of the family, friends, or persons
primarily utilized as housekeepers, provided that such care does not constitute
the practice of nursing within the meaning of this article;
(4)
Caring for the sick in accordance with tenets or practices of any church or
religious denomination which teaches reliance upon spiritual means through
prayer for healing;
(5)
The performance of auxiliary services in the care of patients when such care and
activities do not require the knowledge and skill required of a person
practicing nursing as a registered professional nurse and when such care and
activities are performed under orders or directions of a licensed physician,
licensed dentist, licensed podiatrist, or person licensed to practice nursing as
a registered professional nurse;
(6)
The practice of nursing as a registered professional nurse, by a person licensed
so to practice in another state, who is employed by the United States government
or any bureau, division, or agency thereof while in the discharge of that
person's official duties;
(7)
The practice of nursing as a registered professional nurse, by a person
currently licensed so to practice in another state, who is employed by an
individual, agency, or corporation located in another state and whose employment
responsibilities include transporting patients into, out of, or through this
state for a period not to exceed 24 hours;
(8)
The practice of nursing as a registered professional nurse by a person currently
licensed so to practice in another state, who is visiting Georgia as a
nonresident, in order to provide specific, nonclinical, short-term, time limited
services including, but not limited to, consultation, accreditation site visits,
and the participation in continuing education programs; and
(9)(A)
The performance of health maintenance activities by a proxy caregiver pursuant
to a written plan of care for a disabled individual when:
(i)
Such individual or a person legally authorized to act on behalf of such
individual has executed a written informed consent designating a proxy caregiver
and delegating responsibility to such proxy caregiver to receive training and to
provide health maintenance activities to such disabled individual pursuant to
the written orders of an attending physician, or an advanced practice registered
nurse or physician assistant working under a nurse protocol agreement or job
description, respectively, pursuant to Code Section 43-34-25 or
43-34-23;
(ii)
Such health maintenance activities are provided outside of a hospital or nursing
home and are not provided by a medicare-certified home health agency or hospice
organization and if alternative sources are available, Medicaid is the payor of
last resort; and
(iii)
The written plan of care implements the written orders of the attending
physician, advanced practice registered nurse, or physician assistant and
specifies the frequency of training and evaluation requirements for the proxy
caregiver, including additional training when changes in the written plan of
care necessitate added duties for which such proxy caregiver has not previously
been trained. A written plan of care may be established by a registered
professional nurse.
Rules,
regulations, and policies regarding training for proxy caregivers pursuant to
this paragraph shall be promulgated by the Department of Behavioral Health and
Developmental Disabilities or the Department of Community Health, as
applicable.
(B)
An attending physician, advanced practice registered nurse, or physician
assistant whose orders or written plan of care provide for the provision of
health maintenance activities to a disabled person shall not be vicariously
liable for a proxy caregiver's negligent performance of health maintenance
activities unless the proxy caregiver is an employee of the physician, advanced
practice registered nurse, or physician assistant. Any person who trains a
proxy caregiver to perform health maintenance activities for a disabled
individual may be held liable for negligently training that proxy caregiver if
such training deviated from the applicable standard of care and was a proximate
cause of injury to the disabled individual.
(C)
For purposes of this paragraph, the term:
(i)
'Disabled individual' means an individual who has a physical or mental
impairment that substantially limits one or more major life activities and who
meets the criteria for a disability under state or federal law.
(ii)
'Health maintenance activities' are limited to those activities that, but for a
disability, a person could reasonably be expected to do for himself or herself.
Such activities are typically taught by a registered professional nurse, but may
be taught by an attending physician, advanced practice registered nurse,
physician assistant, or directly to a patient and are part of ongoing care.
Health maintenance activities are those activities that do not include complex
care such as administration of intravenous medications, central line
maintenance, and complex wound care; do not require complex observations or
critical decisions; can be safely performed and have reasonably precise,
unchanging directions; and have outcomes or results that are reasonably
predictable. Health maintenance activities conducted pursuant to this paragraph
shall not be considered the practice of nursing.
(iii)
'Proxy caregiver' means an unlicensed person who has been selected by a disabled
individual or a person legally authorized to act on behalf of such individual to
serve as such individual's proxy caregiver, provided that such person shall
receive training and shall demonstrate the necessary knowledge and skills to
perform documented health maintenance activities, including identified
specialized procedures, for such individual.
(iv)
'Training' means teaching proxy caregivers the necessary knowledge and skills to
perform health maintenance activities for disabled individuals. Good faith
efforts by an attending physician, advanced practice registered nurse, physician
assistant, or registered professional nurse to provide training to a proxy
caregiver to perform health maintenance activities shall not be construed to be
professional delegation.
Rules,
regulations, and policies regarding training for proxy caregivers pursuant to
this paragraph shall be promulgated by the Department of Behavioral Health and
Developmental Disabilities or the Department of Community Health, as
applicable.
(b)
In a civil or administrative proceeding under this chapter, a person claiming an
exemption or an exception pursuant to subsection (a) of this Code section has
the burden of proving this exemption or exception. In a criminal proceeding,
the burden of going forward with evidence of a claim of exemption or exception
pursuant to subsection (a) of this Code section is on the person claiming the
exemption or exception.
43-26-13.
A
licensee may, in lieu of providing his or her home address, provide the
board
director
a legitimate business address for purposes of the public information made
available by the
board
director
with regard to licensed registered professional nurses.
ARTICLE
2
43-26-30.
This
article shall be known and may be cited as the 'Georgia Practical Nurses
Practice Act.'
43-26-31.
The
purpose of this article is to protect, promote, and preserve the public health,
safety, and welfare through regulation and control of practical nursing
education and practice. This article ensures that any person practicing or
offering to practice practical nursing or using the title 'Licensed Practical
Nurse,' as defined in this article, within the State of Georgia, shall be
licensed as provided in this article.
43-26-32.
As
used in this article, the term:
(1)
'Active practice as a licensed practical nurse' means to practice practical
nursing as a licensed practical nurse by performing for compensation acts
authorized by the
licensing
board.
(1.1)
'Approved nursing education program' located in this state means a nursing
education program approved by the
licensing
board as meeting criteria established by the
licensing
board. An 'approved nursing education program' located outside this state means
a nursing education program that the
licensing
board has determined to meet criteria similar to and not less stringent than
criteria established by the
licensing
board. In order to be approved by the
licensing
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;
(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.
(2)
'Board' means the Georgia Board of Examiners of Licensed Practical Nurses
created in Code Section 43-26-34
as a
professional licensing policy board pursuant to Chapter 1 of this title,
with the authority and responsibility set forth in such
chapter.
(3)
'Consumer member' means a United States citizen and Georgia resident who is
knowledgeable about consumer health concerns, does not derive that person's
primary livelihood from the practice of nursing, and shall neither be nor ever
have been a health care provider or enrolled in any health related educational
program.
(3.1)
'Director' means the director of professional licensing.
(4)
'License' means a current document, issued by the
board
director,
permitting a person to practice practical nursing as a licensed practical
nurse.
(5)
'Licensed practical nurse' means a person who has completed a
licensing
board approved nursing program necessary to qualify for examination for
licensure and who is authorized by a license issued under this article to
practice practical nursing.
(5.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(6)
'Licensure' means the bestowing of a current license by the
board
director
permitting a person to practice practical nursing as a licensed practical
nurse.
(7)
'The practice of licensed practical nursing' means the provision of care for
compensation, under the supervision of a physician practicing medicine, a
dentist practicing dentistry, a podiatrist practicing podiatry, or a registered
nurse practicing nursing in accordance with applicable provisions of law. Such
care shall relate to the maintenance of health and prevention of illness through
acts authorized by the
licensing
board, which shall include, but not be limited to, the following:
(A)
Participating in the assessment, planning, implementation, and evaluation of the
delivery of health care services and other specialized tasks when appropriately
trained and consistent with
licensing
board rules and regulations;
(B)
Providing direct personal patient observation, care, and assistance in
hospitals, clinics, nursing homes, or emergency treatment facilities, or other
health care facilities in areas of practice including, but not limited to:
coronary care, intensive care, emergency treatment, surgical care and recovery,
obstetrics, pediatrics, outpatient services, home health care, or other such
areas of practice;
(C)
Performing comfort and safety measures;
(D)
Administering treatments and medication; and
(E)
Participating in the management and supervision of unlicensed personnel in the
delivery of patient care.
43-26-33.
(a)
Any person who is licensed as a practical nurse shall have the right to use the
title 'Licensed Practical Nurse' and the abbreviation 'L.P.N.' and shall
identify that he or she is so licensed by displaying either such title or
abbreviation on a name tag or similar form of identification during times when
such person is providing direct patient care. No other person shall assume such
title or use such abbreviation or any other words, letters, signs, or symbols to
indicate that such person is a licensed practical nurse in Georgia.
(b)
Any applicant for examination who holds an active temporary permit may use the
title 'Graduate Practical Nurse' and the abbreviation 'G.P.N.' until the license
to practice practical nursing has been issued except that an applicant who fails
the first examination may no longer use the title 'Graduate Practical Nurse' or
the abbreviation 'G.P.N.' An individual who is qualified to use the title
'Graduate Practical Nurse' may engage in limited practice as defined by
licensing
board rules and must practice under the on-site supervision of a registered
professional nurse or licensed physician.
(c)
No person shall use the title 'nurse' or any other title or abbreviation that
would represent to the public that a person is authorized to practice nursing
unless the person is licensed or otherwise authorized under this article or
Article 1 of this chapter.
43-26-34.
(a)
The Georgia Board of Examiners of Licensed Practical Nurses
is created as
a professional licensing policy board as defined in Chapter 1 of this title
and shall consist of seven members
appointed by the Governor. The members in office on July 1, 1992, shall serve
out the remainder of their respective terms and until their successors are
appointed and qualified. Members shall serve a three-year term and until their
successors are duly appointed and qualified. No member shall be appointed to
more than two consecutive full terms and, for the purpose of this limitation, an
appointment to fill a vacancy for an unexpired term which exceeds two full years
shall constitute an appointment for a full term.
(b)
A vacancy on the board for any reason other than expiration of the term shall be
filled for the remainder of the unexpired term by appointment of the Governor.
Vacancies shall be filled in a timely manner.
(c)
Each of the seven members appointed to the board shall be a citizen of the
United States and a resident of Georgia. One member shall be a registered
professional nurse who is currently engaged in practical nurse education and has
been a graduate of an accredited or approved school of nursing for a minimum of
five years. One member shall be a nurse currently serving in an administrative
position in a hospital or nursing home and who is a graduate of an accredited or
approved nursing program. One member shall be a consumer. The remaining four
members shall be licensed practical nurses and graduates of an accredited or
approved school of practical nursing. All members except the consumer shall
have a current license in good standing, at least three years' experience in
nursing, and shall be currently employed in the health care delivery system. In
order to have equal representation of the board members, consideration in
selection should be given for geographical location and areas of
specialty.
(d)
No two members of the current board shall be employed by the same private
school, school within the Technical College System of Georgia, private employer,
agency of state government, or other public employer. In the event a board
member changes employment which causes a conflict defined by this subsection,
the position of the member making the change shall be immediately vacant and a
new member appointed to fill the vacancy.
(e)
The board shall meet a minimum of six times a year and may have called meetings
upon notice issued by its
chairman
chairperson
and approved by the director.
(f)
The members of the board shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
43-26-35.
(a)
The
board
director
shall:
(1)
Be responsible for the enforcement of the provisions of this article and shall
be specifically granted all of the necessary duties, powers, and authority to
carry out this responsibility;
(2)
Be authorized to draft, adopt, amend, repeal, and enforce such rules as it deems
necessary for the administration and enforcement of this article in the
protection of the public health, safety, and welfare;
(3)(2)
License duly qualified applicants by examination, endorsement, or
reinstatement;
(4)(3)
Enforce qualifications for licensure;
(5)
Be authorized to set standards for competency of licensees continuing in or
returning to practice;
(6)
Be authorized to enact rules and regulations for licensed practical nurses as
they apply to the practice of practical nursing;
(7)(4)
Be authorized to issue temporary permits;
(8)(5)
Renew licenses of licensed practical nurses in accordance with this
article;
(9)
Develop and enforce reasonable and uniform standards for practical nurse
education and practical nurse practice;
(10)(6)
Periodically evaluate practical nurse education programs and approve such
programs as meeting the
licensing
board's requirements;
(11)(7)
Deny or withdraw approval from noncompliant practical nurse education
programs;
(12)(8)
Implement the disciplinary process;
(13)(9)
Be authorized to issue orders when a license is surrendered to the
board
director
while a complaint, investigation, or disciplinary act against such license is
pending;
(14)(10)
Issue a limited license to practice practical nursing subject to such terms and
conditions as the
licensing
board may impose;
(15)(11)
Provide consultation and conduct conferences, forums, studies, and research on
practical nurse education and practical nurse practice;
(16)
Be authorized to appoint standing or ad hoc committees as necessary to inform
and make recommendations to the board about issues and concerns and to
facilitate communication among the board, licensees, and the
community;
(17)
Maintain membership in the national organization which develops and regulates
the practical nursing licensing examination;
(18)(12)
Be authorized to collect data regarding existing licensed practical nursing
resources in Georgia and coordinate planning for practical nursing education and
practical nursing
practice.;
and
(19)
Determine fees; and
(20)
Adopt a seal which shall be in the care of the executive director and shall be
affixed only in such a manner as prescribed by the board.
(13)
Enter orders or take other action consistent this chapter, which shall be
entered in compliance with Code Section 43-1-3.1.
(b)
The licensing board shall:
(1)
Be authorized to draft, adopt, amend, repeal, and enforce such rules as it deems
necessary for the administration and enforcement of this article in the
protection of the public health, safety, and welfare;
(2)
Be authorized to set standards for competency of licensees continuing in or
returning to practice;
(3)
Be authorized to enact rules and regulations for licensed practical nurses as
they apply to the practice of practical nursing;
(4)
Develop and enforce reasonable and uniform standards for practical nurse
education and practical nurse practice;
(5)
Maintain membership in the national organization which develops and regulates
the practical nursing licensing examination;
(6)
Determine fees;
(7)
Conduct hearings upon the petition of any person who is aggrieved or adversely
affected by an order or action of the director, which shall be conducted by the
licensing board in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act'; and
(8)
Be authorized to appoint standing or ad hoc committees as necessary to inform
and make recommendations to the licensing board about issues and concerns and to
facilitate communication among the licensing board, licensees, and the
community.
43-26-36.
(a)(1)
All applicants for a license to practice as a licensed practical nurse shall
make application
through
to
the
board
director.
An applicant for licensure who has not been duly examined according to the
prescribed examination approved by the
licensing
board and who does not otherwise qualify for licensure under this article must
apply by examination. Such applicants shall submit to the
board
director
a designated fee and written evidence verifying that the applicant:
(A)
Is at least 18 years of age;
(B)
Has graduated from high school or the equivalent thereof;
(C)
Has graduated from an approved nursing education program, as defined in Code
Section 43-26-32;
(D)
Is in good physical and mental health; and
(E)
In the case of an applicant who has graduated from a program conducted in a
foreign country, has demonstrated the ability to speak, write, and understand
the English language.
(2)
A person who is at least 17 years of age and meets all of the criteria set forth
in paragraph (1) of this subsection may apply to the
board
director
for special consideration to take the examination for licensure.
(b)(1)
The
board
director
may issue a temporary permit to applicants for licensure by examination
pursuant to
paragraph (7) of Code Section 43-26-35. A
temporary permit issued to an applicant for licensure by examination shall be
valid from the date of issuance until the first examination scheduled for the
applicant is graded and a license is issued. If the applicant does not appear
for the examination, the temporary permit is automatically invalid the day of
the examination. If the applicant fails the examination, the permit shall
automatically become invalid when the examination is graded and may not be
reissued.
(2)
An applicant who fails to appear at the first examination and can show proper
cause for failure to appear may receive a second temporary permit upon
reapplying to take the examination. Such second permit shall be governed by the
same validity provisions as the first permit. Upon failure to appear at a
second examination, the applicant shall not be eligible to receive another
temporary permit.
43-26-36.1.
Any
applicant for licensure under this article shall have 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
director.
Application for a license under this article shall constitute express consent
and authorization for the
board
director
or
its
his or
her representative to perform a criminal
background check. Each applicant who submits an application to the
board
director
for licensure agrees to provide the
board
director
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.
43-26-37.
(a)
Any applicant who meets the license requirements stated in Code Section 43-26-36
or subsection (b) of Code Section 43-26-38 and passes the required exam may be
issued a license to practice as a licensed practical nurse.
(b)
Effective July 1, 1995, an applicant who has not passed the examination within
five years from the date of eligibility of such applicant to take the licensure
examination as determined by the
licensing
board shall be required to complete successfully a regular full-time
licensing
board approved practical nursing program before such applicant is admitted to
another examination. Upon completion of the program, an application may be made
for licensure as a new applicant.
43-26-38.
(a)
The
board
director,
at
its
his or
her discretion, may issue a license to
practice as a licensed practical nurse, without examination, to any person who
has a high school diploma or general educational development (GED) diploma and
has been duly licensed or registered as a practical or vocational nurse or who
is entitled to perform similar service under a different designation under the
laws of another state or territory of the United States if the license or
registration in that other state or territory is current and in good standing
and was issued based upon completion of an approved nursing education program,
as defined in Code Section 43-26-32, and passage of an
examination,
which examination has been determined by
the
board
director
to be substantially equal to or greater than the requirements for licensure as a
licensed practical nurse in this state and if such person has engaged in the
active practice of practical nursing as a licensed practical nurse within five
years immediately preceding the application; provided, however, that the
requirement for active practice shall not apply to an applicant who has
graduated from an approved nursing education program within one year of the date
of application or who was initially licensed within one year of the date of
application.
(b)
The
board
director,
at
its
his or
her discretion, may issue a license to
practice as a licensed practical nurse, with examination, to any person who has
a high school diploma or general educational development (GED) diploma and has
been duly licensed or registered as a practical or vocational nurse or who is
entitled to perform similar service under a different designation under the laws
of another state or territory of the United States if the license or
registration in that other state or territory is current and in good standing
and was issued based upon completion of an approved nursing education program,
as defined in Code Section 43-26-32, except however, such applicant has not been
duly examined according to the prescribed examination approved by
this
the
licensing board and if such person has
engaged in active practice of practical nursing as a licensed practical nurse
within five years immediately preceding the application.
(c)
Applicants for endorsement who have not been engaged in the active practice of
practical nursing as licensed practical nurses for a period which exceeds five
years shall be required to complete additional education and training as
provided in the rules and regulations of the
licensing
board, which may include but not be limited to returning to school for full
training and taking the licensing examination.
(d)
The approval or denial of a license by endorsement under this Code section shall
be in the sole discretion of the
board
director,
and a denial thereof shall not be considered to be a contested case within the
meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
The applicant shall be allowed to appear before the
licensing
board if the applicant so desires.
(e)
Nothing in this Code section shall be construed to prevent an applicant who is
denied a license by endorsement from taking the examination for licensure,
provided that such applicant is otherwise eligible to take the examination and
meets the requirements specified.
(f)
The
board
director
may issue a temporary permit to qualified applicants under such terms and
conditions as specified in the rules and regulations of the
licensing
board, but in no event shall such a temporary permit be issued to an applicant
who has failed to pass the required examination.
43-26-39.
(a)
Licenses issued under this article shall be renewed biennially prior to the
expiration of the license according to schedules and fees decided by the
licensing
board and approved by the
division
director.
(b)
A license shall be renewed for any licensed practical nurse who remits the
required fee and complies with the requirements established by the
licensing
board.
(c)
The voluntary surrender of a license or the failure to renew a license by the
end of an established renewal period shall have the same effect as revocation of
said license, subject to reinstatement at the discretion of the
board
director.
The
board
director
may restore and reissue a license, and, as a condition thereof, may impose any
disciplinary sanction provided by Code Section 43-1-19 upon such grounds as
specified in Code Sections 43-1-19 and 43-26-40.
(d)
Any license that is not renewed by the end of the renewal period may not
thereafter be renewed, and the licensee must apply for reinstatement.
Applicants for reinstatement who have not been engaged in the active practice of
practical nursing as licensed practical nurses for a period which exceeds five
years shall be required to obtain such additional education and training as
provided in the rules and regulations of the
licensing
board, which may include but not be limited to returning to school for full
training and taking the licensing examination. Upon completion of the program,
an application may be made for licensure as a new applicant.
(e)
The
board
director
may issue a temporary permit to qualified applicants under such terms and
conditions as specified in the rules and regulations of the
licensing
board, but in no event shall such a temporary permit be issued to an applicant
who has failed to pass the required examination.
(f)
Other criteria for reinstatement may be determined by the rules of the
licensing
board, including, but not limited to, the following: additional coursework, a
refresher course, supervised clinical practice, or examination by the
board
director.
43-26-40.
(a)
In addition to the authority granted in Code Section 43-1-19, the
board
director
shall have the authority to refuse to grant a license to an applicant, to revoke
the license of a licensee, or to discipline a licensee upon a finding by the
board
director
that the applicant or licensee has:
(1)
Been convicted of a felony, a crime involving moral turpitude, or any crime
violating a federal or state law relating to controlled substances or dangerous
drugs or marijuana in the courts of this state, any other state, territory, or
country, or in the courts of the United States, including, but not limited to, a
plea of nolo contendere entered to the charge;
(2)
Had a license to practice nursing revoked, suspended, or annulled by any lawful
licensing authority, had other disciplinary action taken by any lawful licensing
authority, or was denied a license by any lawful licensing
authority;
(3)
Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or
practice harmful to the
public,
which
conduct or
practice need not have resulted in actual
injury to any person. As used in this paragraph, the term 'unprofessional
conduct' includes the improper charting of medication and any departure from, or
the failure to conform to, the minimal standards of acceptable and prevailing
nursing practice;
(4)
Violated or attempted to violate a law or any lawfully promulgated rule or
regulation of this state, any other state, the
licensing
board, the United States, or any other lawful authority, without regard to
whether the violation is criminally punishable,
which
when
such statute, law, or rule or regulation
relates to or in part regulates the practice of
nursing,
when the licensee or applicant knows or should know that such action
is
violative of
violates
such law or rule;
(5)
Violated a lawful order
of
previously
entered by the
licensing
board or the
director
previously
entered by the board in a disciplinary
hearing; or
(6)(A)
Displayed an inability to practice nursing as a licensed practical nurse or
graduate practical nurse with reasonable skill and safety due to illness, use of
alcohol, drugs, narcotics, chemicals, or any other types of material, or as a
result of any mental or physical
condition:.
(A)(B)
In enforcement of this paragraph, the
board
director
may, upon reasonable grounds, require a licensee or applicant to submit to a
mental or physical examination by a
board
director
approved health care professional. The expense of such mental or physical
examination shall be borne by the licensee or applicant. The results of such
examination shall be admissible in any hearing before the
licensing
board, notwithstanding any claim of privilege under contrary law or rule. Every
person who is licensed to practice practical nursing as a licensed practical
nurse or graduate practical nurse in this state, or an applicant for
examination, endorsement, or
reinstatement,
shall be deemed to have given such person's consent to submit to such mental or
physical examination and to have waived all objections to the admissibility of
the results in any hearing before the
licensing
board upon the grounds that the same constitutes a privileged communication. If
a licensee or applicant fails to submit to such an examination when properly
directed to do so by the
board
director,
unless such failure was due to circumstances beyond that person's control, the
board
director
may enter a final order
upon proper
notice, hearing, and proof of such refusal
in compliance
with Code Section 43-1-3.1. Any licensee
or applicant who is prohibited from practicing under this paragraph shall at
reasonable intervals be afforded an opportunity to demonstrate to the
licensing
board that such person can resume or begin to practice practical nursing as a
licensed practical nurse or graduate practical nurse with reasonable skill and
safety;
and.
(B)(C)
In enforcement of this paragraph, the
board
director
may, upon reasonable grounds, obtain any and all records relating to the mental
or physical condition of a licensee or applicant, including psychiatric records;
such records shall be admissible in any hearing before the
licensing
board, notwithstanding any privilege under a contrary rule, law, or statute.
Every person who is licensed in this state or who shall file an application for
said license shall be deemed to have given such person's consent to the
board's
director
obtaining such records and to have waived all objections to the admissibility of
such records in any hearing before the
licensing
board upon the grounds that the same constitute a privileged
communication.
(b)
Neither denial of an initial license, the issuance of a private reprimand, the
denial of a license by endorsement under Code Section 43-26-38, nor the denial
of a request for reinstatement of a license on the grounds that the applicant or
licensee has failed to meet the minimum requirements shall be considered a
contested case within the meaning of Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act'; and notice and hearing within the meaning of
Chapter 13 of Title 50 shall not be required, but the applicant or licensee
shall be allowed to appear before the
licensing
board if he or she so requests.
(c)
An action of the director taken pursuant to this Code section shall be made in
compliance with Code Section 43-1-3.1.
43-26-41.
(a)
No provision in this article shall be construed to require licensure in Georgia
as a licensed practical nurse in:
(1)
The practice of practical nursing by students when such practice is an integral
part of a curriculum in a
licensing
board approved practical nursing education program leading to initial
licensure;
(2)
The rendering of assistance by anyone in the case of an emergency or
disaster;
(3)
The incidental care of the sick by members of the family, friends, or persons
primarily utilized as housekeepers, provided that such care does not constitute
the practice of practical nursing within the meaning of this article and
individuals do not hold themselves out as being licensed practical
nurses;
(4)
Caring for the sick in accordance with tenets or practices of any church or
religious denomination which teaches reliance upon spiritual means through
prayer for healing;
(5)
The performance of auxiliary services in the care of patients when such care and
activities do not require the knowledge and skill required of a person
practicing practical nursing as a licensed practical nurse and when such care
and activities are performed under orders or directions of a licensed physician,
licensed dentist, licensed podiatrist, or person licensed to practice nursing as
a registered professional nurse;
(6)
The practice of practical nursing as a licensed practical nurse by a person so
licensed to practice in another state who is employed by the United States
government or any bureau, division, or agency thereof while in the discharge of
that person's official duties; and
(7)
The practice of practical nursing as a licensed practical nurse by a person
currently licensed to practice in another state who is employed by an
individual, agency, or corporation located in another state, whose employment
responsibilities include transporting patients into, out of, or through this
state for a period not to exceed 24 hours.
(b)
In a civil or administrative proceeding under this article, a person claiming an
exemption or an exception pursuant to subsection (a) of this Code section has
the burden of proving this exemption or exception. In a criminal proceeding,
the burden of going forward with evidence of a claim of exemption or exception
pursuant to subsection (a) of this Code section is on the person claiming the
exemption or exception.
43-26-42.
It
shall be a misdemeanor for any person, including any corporation, association,
or individual, to:
(1)
Practice practical nursing as a licensed practical nurse without a valid current
license, except as otherwise permitted under Code Section 43-26-41;
(2)
Practice practical nursing as a licensed practical nurse under cover of any
diploma, license, or record illegally or fraudulently obtained, signed, or
issued;
(3)
Practice practical nursing as a licensed practical nurse during the time the
license is suspended, revoked, surrendered, or administratively revoked for
failure to renew;
(4)
Use any words, abbreviations, figures, letters, title, sign, card, or device
implying that such person is a licensed practical nurse or graduate practical
nurse unless such person is duly licensed to practice under the provisions of
this article;
(5)
Fraudulently furnish a license to practice nursing as a licensed practical
nurse;
(6)
Knowingly employ any person to practice practical nursing as a licensed
practical nurse who is not a licensed practical nurse;
(7)
Conduct a nursing education program in this state unless the program has been
approved by the
board
director;
or
(8)
Knowingly aid or abet any person to violate this article."
SECTION
1-26.
Said
title is further amended by revising Chapter 27, relating to nursing home
administrators, as follows:
"CHAPTER
27
43-27-1.
As
used in this chapter, the term:
(1)
'Board' means the State Board of Nursing Home
Administrators,
a professional licensing policy board pursuant to Chapter 1 of this title with
the authority and responsibility set forth in such
chapter.
(1.1)
'Director' means the director of professional licensing.
(1.2)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(2)
'Nursing home' has the same meaning as prescribed by the Department of Community
Health in the rules and regulations for nursing homes.
(3)
'Nursing home administrator' means a person who operates, manages, or supervises
or is in charge of a nursing home.
43-27-2.
(a)
There is created the State Board of Nursing Home Administrators
as a
professional licensing policy board, which
shall consist of 13 members, none of whom may be employees of the United States
government or of this state, and the commissioner of human services or his or
her designee, who shall serve as ex officio member of the board, and the
commissioner of community health or his or her designee, who shall serve as ex
officio member of the board. The members of the board shall be appointed by the
Governor and confirmed by the Senate, as follows:
(1)
One member who is a licensed medical doctor in this state and who is not a
nursing home administrator or pecuniarily interested in any nursing
home;
(2)
One member who is a registered nurse in this state and who is not a nursing home
administrator or pecuniarily interested in any nursing home;
(3)
One member who is an educator with a graduate degree and specializing in the
field of gerontology and who is not a nursing home administrator or pecuniarily
interested in any nursing home;
(4)
Three members of the public at large who are not nursing home administrators or
pecuniarily interested in any nursing home or have any connection with the
nursing home industry whatsoever. Two of these three public, at-large positions
shall be appointed from a list of three persons for each of these two positions
submitted by the Board of Community Health. The Governor is vested with
complete discretion in appointing the third member for one of these three
public, at-large positions;
(5)
One member who is a hospital administrator in this state, who is the holder of a
master's degree in hospital administration, and who is not a nursing home
administrator or pecuniarily interested in any nursing home; and
(6)
Six members, at least one of whom shall represent nonproprietary nursing homes,
who are licensed nursing home administrators in this state.
(b)
The term for all members shall be three years from the date of appointment. A
member may be removed as provided in Code Section 43-1-17. All vacancies shall
be filled by the Governor for the unexpired terms in accordance with the
requirements for appointment to the vacant position.
43-27-3.
The
board shall elect a
chairman
chairperson
and
vice-chairman
vice
chairperson from its membership and such
other officers as it shall deem necessary
and shall
adopt rules and regulations to govern its
proceedings. Each member of the board
shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
The
division
director shall be the executive secretary of the board.
43-27-4.
The
licensing
board and the
director shall have sole and exclusive
authority to determine the qualifications, skill, and fitness of any person to
serve as an administrator of a nursing home under this chapter; and the holder
of a license under this chapter shall be deemed qualified to serve as the
administrator of a nursing home.
43-27-5.
(a)
The
board
director
shall have the following powers and duties:
(1)
To issue, renew, and reinstate the licenses of duly qualified applicants for
licensure;
(2)
To deny, suspend, revoke, or otherwise sanction licenses to practice as a
nursing home administrator;
(3)
To initiate investigations for the purpose of discovering violations of this
chapter;
(4)
To initiate investigations for the purpose of discovering violations by a
nursing home administrator of the rules, regulations, or statutes of the
Department of Community Health or the Department of Human Services, provided
that the
board
director
shall investigate those violations only after revocation, limitation, or
restriction of participation of the nursing home of which such individual is the
administrator in the medical assistance program or the license issued by the
Department of Community Health and make written findings as to the causes of the
alleged violations;
(5)
To conduct
hearings upon charges into alleged violations of
this
enter orders
or take other actions consistent with this
chapter, which
shall be entered in compliance with Code Section
43-1-3.1;
and
(6)
To prepare or approve all examinations for licensure as a nursing home
administrator;
(7)
To develop, impose, and enforce standards which must be met by individuals in
order to receive or maintain a license as a nursing home
administrator;
(8)(6)
To conduct a continuing study and investigation of nursing homes and
administrators of nursing homes within the state for the purpose of improving
the standards imposed for the licensing of such
administrators;
and.
(9)
To adopt such rules and regulations as shall be reasonably necessary for the
implementation and enforcement of this chapter. The board shall have the
authority to establish, provide, or approve various education programs or
courses for nursing home administrators and to prescribe rules and regulations
requiring applicants for licenses as nursing home administrators to attend such
programs or courses as a prerequisite to their being admitted to the examination
or issued a license and requiring licensed nursing home administrators to attend
such programs or courses as a prerequisite to their being issued any license
renewal.
(b)
The licensing
board shall have the following powers and duties:
(1)
To prepare or approve all examinations for licensure as a nursing home
administrator;
(2)
To develop, impose, and enforce standards which must be met by individuals in
order to receive or maintain a license as a nursing home
administrator;
(3)
To adopt such rules and regulations as shall be reasonably necessary for the
implementation and enforcement of this chapter. The licensing board shall have
the authority to establish, provide, or approve various education programs or
courses for nursing home administrators and to prescribe rules and regulations
requiring applicants for licenses as nursing home administrators to attend such
programs or courses as a prerequisite to their being admitted to the examination
or issued a license and requiring licensed nursing home administrators to attend
such programs or courses as a prerequisite to their being issued any license
renewal; and
(4)
To conduct hearings upon the petition of any person who is aggrieved or
adversely affected by an order or action of the director, which shall be
conducted by the licensing board in accordance with Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.'
(c)
Nothing in this chapter or in the rules and regulations adopted under this
chapter shall be construed to require an applicant for a license as a nursing
home administrator who is certified by a recognized church or religious
denomination which teaches reliance on spiritual means alone for healing as
having been approved to administer institutions certified by such church or
denomination for the care and treatment of the sick in accordance with its
teachings to demonstrate proficiency in any medical techniques or to meet any
medical educational qualifications or medical standards not in accord with the
remedial care and treatment provided in such institutions.
43-27-6.
(a)
No person shall serve as a nursing home administrator until first obtaining a
license from the
board
director.
(b)
The
board
director
shall issue licenses as nursing home administrators only to persons
who:
(1)
Are at least 21 years of age;
(2)
Are of reputable and responsible character;
(3)
Reserved;
(4)(3)
Meet the standards and the criteria established by the
licensing
board to evidence the applicant's qualifications by training and experience to
operate a nursing home, provided that two years of experience working in a
nursing home shall be equivalent to one year of any academic education and
training requirements established by the
licensing
board; and such experience may be substituted without limitation for such
education and training requirements; and
(5)(4)
Satisfactorily pass a written or oral examination, or both, approved by the
licensing
board to determine the qualifications of the applicant to operate a nursing
home.
43-27-7.
(a)
The
board
director,
in
its
his or
her discretion and otherwise subject to
this chapter and the rules and regulations of the
licensing
board promulgated under this chapter prescribing the qualifications for a
nursing home administrator license, may issue a license to a nursing home
administrator who has been issued a license by the proper authorities of any
state or issued a certificate of qualification by any national organization,
upon payment of a fee to be fixed by the
licensing
board and upon submission of evidence satisfactory to the
board
director
that such other state or national organization maintains a system and standard
of qualifications and examinations for a nursing home administrator license or
certificate which is substantially equivalent to those required in this
state.
(b)
An applicant for licensure who meets the qualifications of subsection (a) of
this Code section may be issued a provisional license by the
board
director
to practice as a nursing home administrator which shall be valid until the
results of any examination required by the
board
director
and for which the applicant is scheduled to take are released. An applicant who
has been issued a provisional license will be scheduled by the
board
director
to take the first available examination. If the applicant passes the
examination, the provisional license shall be valid until the permanent license
is issued. If the applicant fails to appear for the examination or if the
applicant fails the examination, the provisional license shall become invalid
immediately. The
board
director
may
authorize
the issuance of
issue
a second provisional license only to an applicant who provides just cause to the
board
director
as to why the applicant was unable to appear for the examination.
43-27-8.
Each
person licensed as a nursing home administrator shall be required to pay a
biennial license fee in an amount to be fixed by the
licensing
board. Such license shall expire on the renewal date established by the
division
director and shall be renewable for two years upon payment of the biennial
license fee. No license fee shall be required of any superintendent of a state
hospital or facility during such time as the superintendent is acting or serving
in the capacity as a nursing home administrator in a state institution and as an
employee of the state.
43-27-9.
The
board
director
may, for good cause shown and under such conditions as
it
the
director may prescribe, restore a license
to any person whose license has been suspended or revoked.
43-27-10.
No
provision of this chapter shall be construed as prohibiting or preventing a
municipality or county from fixing, charging, assessing, or collecting any
license fee, registration fee, tax, or gross receipt tax on any profession
covered by this chapter or upon any related profession or any one engaged in any
related profession governed by this chapter.
43-27-11.
(a)
Any person who acts or serves in the capacity of a nursing home administrator
without holding a license as a nursing home administrator issued in accordance
with this chapter shall be guilty of a misdemeanor.
(b)
Any person not licensed under this chapter who holds himself
or
herself out to be a licensed nursing home
administrator or uses the initials N.H.A. after his
or
her name shall be guilty of a
misdemeanor."
SECTION
1-27.
Said
title is further amended by revising Chapter 28, relating to occupational
therapists, as follows:
"CHAPTER
28
43-28-1.
This
chapter shall be known and may be cited as the 'Georgia State Occupational
Therapy Licensing Act.'
43-28-2.
This
chapter was enacted to safeguard the public health, safety, and welfare and to
assure the availability of occupational therapy services of high quality to
persons in need of such services. It is the purpose of this chapter to provide
for the regulation of persons offering occupational therapy services to the
public.
43-28-3.
As
used in this chapter, the term:
(1)
'Association' means the Georgia Occupational Therapy Association.
(2)
'Board' means the State Board of Occupational
Therapy, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(2.1)
'Director' means the director of professional licensing.
(3)
'License' means a valid and current certificate of registration issued by the
division
director.
(3.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(4)
'Occupational therapist' means a person licensed to practice occupational
therapy as defined in this chapter and whose license is in good
standing.
(5)
'Occupational therapy' includes but is not limited to the
following:
(A)
Evaluation and treatment of individuals whose abilities to cope with the tasks
of living are threatened or impaired by developmental deficiencies, the aging
process, learning disabilities, poverty and cultural differences, physical
injury or disease, psychological and social disabilities, or anticipated
dysfunction. The treatment utilizes task oriented activities to prevent or
correct physical, cognitive, or emotional deficiencies or to minimize the
disabling effect of these deficiencies in the life of the
individual;
(B)
Such evaluation techniques as assessment of sensory motor abilities, assessment
of the development of self-care activities and capacity for independence,
assessment of the physical capacity for prevocational and work tasks, assessment
of play and leisure performance, and appraisal of living areas for persons with
disabilities; and
(C)
Specific occupational therapy techniques, such as activity analysis, activities
of daily living skills, the fabrication and application of splints and adaptive
devices, sensory motor activities, the use of specifically designed manual and
creative activities, guidance in the selection and use of adaptive equipment,
specific exercises and physical agent modalities to enhance physical functional
performance, work capacities, and treatment techniques for physical capabilities
and cognitive retraining. Such techniques are applied in the treatment of
individual patients or clients, in groups, or through social
systems.
(6)
'Occupational therapy aide' means a person who assists the occupational
therapist and the occupational therapy assistant in the practice of occupational
therapy and who works under the direct supervision of the occupational
therapist.
(7)
'Occupational therapy assistant' means a person licensed to assist the
occupational therapist in the practice of occupational therapy under the
supervision of or with the consultation of the licensed occupational therapist
and whose license is in good standing.
(8)
'Person' means a natural person only, not a legal entity.
(9)
'Physical agent modalities' means treatment techniques which utilize heat,
light, sound, cold, electricity, or mechanical devices
and also
means;
electrical therapeutic modalities which induce heat or electrical current
beneath the skin, including but not limited to therapeutic ultrasound,
galvanism, microwave, diathermy, and electromuscular
stimulation,;
and also
means hydrotherapy.
43-28-4.
(a)
There is established the State Board of Occupational Therapy
as a
professional licensing policy
board.
(b)
The board shall consist of six members who shall be appointed by the Governor
and confirmed by the Senate. The members of the board shall be citizens of the
United States and residents of this state for at least one year prior to their
appointment. Five members of the board shall have been engaged in rendering
services to the public, teaching, or research in occupational therapy for at
least three years immediately preceding their appointment and may be
occupational therapists or occupational therapy assistants and shall at all
times be holders of valid licenses for the practice of occupational therapy in
this state. All of such members shall fulfill the requirements for licensure of
this chapter. The sixth member shall be appointed from the public at large and
shall have no connection whatsoever with the profession or practice of
occupational therapy.
(c)
The board shall, within 90 days after July 1, 1976, be selected as provided in
subsection (b) of this Code section. The members of the first board shall serve
the following terms: two members for a term of one year, two members for a term
of two years, and one member for a term of three years. At the expiration of
the above terms, board members shall be appointed in the same manner as the
initial appointment for a period of four years; but no person shall be appointed
to serve more than two consecutive terms. Terms shall begin on the first day of
the calendar year and end on the last day of the calendar year or until
successors are appointed, except for the first members who shall serve through
the last calendar day of the year in which they are appointed before commencing
the terms prescribed by this Code section.
(d)
The initial term of the member appointed from the public at large shall expire
on June 30, 1984; thereafter, successors shall be appointed for a term of four
years.
(e)
When a vacancy occurs on the board, the Governor shall appoint a member to fill
the unexpired term.
(f)
The Governor, after notice and opportunity for hearing by the board, may remove
any member of the board for neglect of duty, incompetence, revocation or
suspension of his license, or other dishonorable conduct. After such removal or
vacancy due to other reasons, the Governor shall appoint a successor to the
unexpired term.
43-28-5.
(a)
The
division
director shall be secretary of the board and in addition to his
or
her powers and duties prescribed by
Chapter 1 of this title shall perform such other administrative duties as may be
prescribed by the
licensing
board.
(b)
In a
contested case, the division
The
director on
behalf of the board shall have the power
to subpoena throughout the state witnesses, designated documents, papers, books,
accounts, letters, photographs, and objects or other tangible
things.
(c)
The
division
director, guided by the
recommendations
rules and
regulations of the
licensing
board, shall act in all matters relating to this chapter.
43-28-6.
(a)
All legal process and all documents required by law to be served upon or filed
with the
licensing
board shall be served upon or filed with the
division
director at his or her office.
(b)
All official records of the
licensing
board or affidavits by the
division
director certifying the content of such records shall be prima-facie evidence of
all matters required to be kept therein.
43-28-7.
(a)
The
board
director
shall administer, coordinate, and enforce this
chapter, and
enter orders or take other action for the enforcement of this chapter, which
shall be taken in compliance with Code Section
43-1-3.1.
(b)
The
board
director
shall have the responsibility of evaluating the qualifications and providing for
the examination of applicants for licensure under this chapter
and shall
assist the division director in carrying out this
chapter. The
division
director shall have the authority to contract with an outside agency for
services providing for the supervision and administration of the examination as
needed.
(c)
The
board
director
may issue subpoenas, examine witnesses, and administer oaths and may investigate
allegations of practices violating this chapter.
(d)
The
licensing
board shall adopt rules and regulations relating to professional conduct to
carry out the policy of this chapter, including, but not limited to, regulations
relating to professional licensure and the establishment of ethical standards of
practice for persons holding a license to practice occupational therapy in this
state and may amend or repeal the same in accordance with Chapter 13 of Title
50, the 'Georgia Administrative Procedure Act.'
(e)
The
licensing
board shall conduct such hearings
upon the
petition of any person who is aggrieved or adversely affected by an order or
action of the director, which shall be conducted by the licensing board in
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act,' and keep such records and minutes as
are necessary to carry out its functioning.
He or
she
It
shall provide reasonable public notice to the appropriate persons of the time
and place of all hearings authorized under this chapter in such a manner and at
such times as it may determine by
its
rules and regulations
of the
licensing board.
(f)
The
licensing
board shall prepare or approve all examinations of applicants for license at
least twice a
year,.
The director shall determine the
qualifications and
authorize
the issuance of
issue
licenses to qualified occupational therapists and occupational therapy
assistants, issue and renew licenses,
and
suspend or revoke licenses in the manner
provided,.
The licensing board shall
and
determine the qualifications and approved qualified occupational therapy schools
and courses in occupational therapy for the purpose of determining
qualifications of applicants for licensure.
(g)
The
licensing
board may provide for the continuing professional education of persons subject
to this chapter by appropriate regulation.
43-28-8.
No
person shall:
(1)
Practice occupational therapy; or
(2)
Hold himself or herself out as an occupational therapist or an occupational
therapy assistant or as being able to render occupational therapy services in
this state unless that person is licensed in accordance with this
chapter.
43-28-8.1.
(a)
No person shall utilize occupational therapy techniques involving physical agent
modalities unless such person:
(1)
Is licensed according to this chapter; and
(2)
Has utilized such modalities before July 1, 1991, furnishes to the board prior
to July 1, 1992, sufficient proof of such prior use, and demonstrates to the
board
director
competence in the use of such modalities determined by the
licensing
board to have been so used prior to July 1, 1991; or
(3)
Has successfully completed a minimum of 90 hours of instruction or training
approved by the
licensing
board which covers the following subjects:
(A)
Principles of physics related to specific properties of light, water,
temperature, sound, or electricity, as indicated by selected
modality;
(B)
Physiological, neurophysiological, and electrophysiological, as indicated,
changes which occur as a result of the application of the selected
modality;
(C)
The response of normal and abnormal tissue to the application of the
modality;
(D)
Indications and contraindications related to the selection and application of
the modality;
(E)
Guidelines for treatment or administration of the modality within the
philosophical framework of occupational therapy;
(F)
Guidelines for educating the patient including instructing the patient as to the
process and possible outcomes of treatment, including risks and
benefits;
(G)
Safety rules and precautions related to the selected modality;
(H)
Methods for documenting the effectiveness of immediate and long-term effects of
treatment; and
(I)
Characteristics of the equipment including safe operation, adjustment, and care
of the equipment.
(b)
The
licensing
board shall promulgate rules and regulations specifically pertaining to the use
of physical agent modalities by a person licensed under this
chapter.
43-28-9.
(a)
An applicant applying for a license as an occupational therapist or as an
occupational therapy assistant shall file an application, on forms
approved by
the licensing board and provided by the
board
director,
showing to the satisfaction of the
board
director
that such applicant:
(1)
Is of good moral character;
(2)
Has successfully completed the academic requirements of an educational program
in occupational therapy recognized by the
licensing
board, with concentration in biological or physical science, psychology, and
sociology and with education in selected manual skills For an occupational
therapist or occupational therapy assistant, such a program shall be accredited
by a recognized accrediting agency acceptable to the
licensing
board. Other comparable educational programs such as those approved by the
World Federation of Occupational Therapists may be recognized by the
licensing
board upon evaluation of detailed program and course content;
(3)
Has successfully completed a period of supervised field work experience at a
recognized educational institution or a training program accredited as provided
in paragraph (2) of this subsection. For an occupational therapist, a minimum
of six months of supervised field work experience is required. For an
occupational therapy assistant, a minimum of two months of supervised field work
experience is required; and
(4)
Has passed an examination as provided for in Code Section 43-28-10.
(b)
An applicant not meeting the requirements of subsection (a) of this Code section
must indicate to the
board
director
that he or she has obtained a waiver of such requirements pursuant to Code
Section 43-28-11.
43-28-10.
(a)
A person applying for licensure shall demonstrate
his
eligibility in accordance with the requirements of Code Section 43-28-9 and
shall make application for examination upon a form and in such a manner as the
licensing
board shall prescribe. Such application shall be accompanied by the fee
prescribed by the
licensing
board. A person who fails an examination may make reapplication for
reexamination accompanied by the prescribed fee.
(b)
Each applicant for licensure under this chapter shall be examined by the
board
director
in written examination to test his
or
her knowledge of the basic and clinical
sciences relating to occupational therapy and occupational therapy theory and
practice, including the applicant's professional skills and judgment in the
utilization of occupational therapy techniques and methods and such other
subjects as the
licensing
board may deem useful to determine the applicant's fitness to practice. The
licensing
board shall establish the standards for acceptable performance by the
applicant.
(c)
Examinations shall be given at least twice a year.
(d)
Applicants may obtain their examination scores and may review their papers in
accordance with such rules and regulations as the
licensing
board may establish.
43-28-11.
The
board
director
may waive the examination and grant a license to any applicant who
shall
present
presents
proof of current licensure as an occupational therapist or an occupational
therapy assistant in another state, the District of Columbia, or territory of
the United
States,
which requires standards for licensure considered by the
board
director
to be equivalent to the requirements for licensure of this chapter.
43-28-12.
(a)
The
board
director
shall issue a license to any person who meets the requirements of this chapter
upon payment of the license fee prescribed.
(b)
The
board
director
shall issue a limited permit to persons who have completed the education and
experience requirements of this chapter. This permit shall allow the person to
practice occupational therapy under the supervision of an occupational therapist
who holds a current license in this state and shall be valid until the date on
which the results of the next qualifying examination have been made public.
This limited permit shall not be renewed if the applicant has failed the
examination.
(c)
The
board
director
may issue a limited permit to persons who have successfully completed a
certification examination approved by the
licensing
board. This permit shall allow the person to practice occupational therapy for
a period not to exceed 90 days under the supervision of an occupational
therapist who holds a current license in this state.
(d)
Any person who is issued a license as an occupational therapist under the terms
of this chapter may use the words 'occupational therapist registered,' 'licensed
occupational therapist,' or 'occupational
therapist,'
or
he
may use the letters 'O.T.R.,' 'L.O.T.,' 'O.T.,' or 'O.T.R./L.' in connection
with his or
her name or place of business to denote
registration under this chapter.
(e)
Any person who is issued a license as an occupational therapy assistant under
the terms of this chapter may use the words 'occupational therapy assistant,'
'licensed occupational therapy assistant,' or 'certified occupational therapy
assistant' or may use the letters 'O.T.A.,' 'L.O.T.A.,' 'C.O.T.A.,' or
'C.O.T.A./L.' in connection with his name or place of business.
43-28-13.
(a)
The
board
director
shall,
after
notice and opportunity for hearing
in compliance
with Code Section 43-1-3.1, have the power
to deny or refuse to renew, suspend, or revoke the license of, or impose a fine
or probationary conditions upon, any licensee who has been guilty of
unprofessional conduct which has endangered or is likely to endanger the health,
welfare, or safety of the public. Such unprofessional conduct
includes:
(1)
Obtaining or attempting to obtain a license by fraud, misrepresentation, or
concealment of material facts;
(2)
Being guilty of unprofessional conduct as defined by the rules and regulations
established by the
licensing
board; or
(3)
Being convicted of a crime other than minor offenses defined as 'minor
misdemeanors,' 'violations,' or 'offenses' in any court if the acts for which he
or
she was convicted are found by the
board
director
to have a direct bearing on whether he should be entrusted to serve the public
in the capacity of an occupational therapist or occupational therapy
assistant.
(b)
Such denial, refusal to renew, suspension, revocation, or imposition of a fine
or probationary conditions upon a licensee may be ordered by the
board in a
decision made after a hearing
director
in the manner provided by
the rules
and regulations adopted by the board
Code Section
43-1-3.1. One year from the date of
revocation of a license, application may be made to the
board
director
for reinstatement. The
board
director
shall have the discretion to accept or reject an application for reinstatement
and may,
but shall not be required to, hold a hearing to consider such
reinstatement.
43-28-14.
(a)
All licenses shall expire biennially. Each person licensed under this chapter
is responsible for renewing his
or
her license before the expiration date.
Application for renewal shall be completed in the manner prescribed in the rules
and regulations of the
division
director
licensing
board and shall include the payment of a
renewal fee. The
licensing
board may set and require a specific number of continuing education hours for
license renewal.
(b)
The
licensing
board may provide for late renewal of a license upon payment of a late renewal
fee, proof of continuing education as set by the
licensing
board, and completion of an appropriate form. Any license which is not renewed
during the specified renewal period will be revoked for failure to renew. The
holder of such a canceled license may apply for and obtain a valid license only
upon compliance with all relevant requirements for reinstatement.
(c)
A suspended license is subject to expiration and may be renewed as provided in
this Code section, but such renewal shall not entitle the licensee, while the
license remains suspended and until it is reinstated, to engage in the licensed
activity or in other conduct or activity in violation of the order or judgment
by which the license was suspended. If a license revoked on disciplinary
grounds is reinstated, the licensee, as a condition of reinstatement, shall pay
the renewal fee and any late fee that may be applicable.
43-28-15.
Nothing
in this chapter shall be construed as preventing or restricting the practice,
services, or activities of:
(1)
Any person licensed under any other law of the state, including but not limited
to
physicians,
and persons working under the supervision of physicians, nurses, clinical
psychologists, speech pathologists and audiologists, dentists, and physical
therapists, from engaging in the profession or occupation for which he
or
she is licensed;
(2)
Any person employed as an occupational therapist or an occupational therapy
assistant by the government of the United States if such a person provides
occupational therapy solely under the direction or control of the organization
by which he or
she is employed;
(3)
Any person pursuing a course of study leading to a degree or certificate in
occupational therapy in an educational program which is accredited by a
recognized accrediting agency acceptable to the
licensing
board and if such person is designated by a title which clearly indicates such
person's status as a student or trainee;
(4)
Any person fulfilling the supervised field work experience requirements of Code
Section 43-28-9 if such activities and services constitute a part of the
experience necessary to meet the requirement of that Code section;
(5)
Any person enrolled in a course of study designed to develop advanced
occupational therapy skills when the occupational therapy activities are
required as part of an educational program sponsored by an educational
institution approved by the
licensing
board and conducted under the supervision of an occupational therapist licensed
under this chapter. If such person provides occupational therapy services
outside the scope of the educational program, he
or
she shall then be required to be licensed
in accordance with this chapter;
(6)
Any occupational therapist or occupational therapy assistant licensed or
certified by an agency recognized by the
licensing
board providing consultation, as defined by rule, related to direct patient care
if such services are performed for not more than 30 days in a calendar
year;
(7)
Any person employed as an occupational therapy aide and working under the direct
supervision of an occupational therapist licensed in this state; or
(8)
Persons registered as rehabilitation suppliers by the
Georgia
State
Board of Workers' Compensation, including those registered before July 1, 1992,
but only when practicing rehabilitation counseling as a designated principal
rehabilitation supplier pursuant to Chapter 9 of Title 34 and only so long as
they do not use any titles other than titles describing the certifications or
licenses they are required to hold under Code Section 34-9-200.1.
43-28-16.
(a)
Any person who violates this chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not less than $250.00 and not
more than $1,000.00, or imprisonment for a period not exceeding six months, or
both. A license held by any person convicted under this Code section shall be
forfeited and revoked immediately for one year from the date of such
conviction.
(b)
It is unlawful for any person who is not registered under this chapter as an
occupational therapist or as an occupational therapy assistant or whose
registration has been suspended or revoked to use, in connection with his
or
her name or place of business, the words
'occupational therapist,' 'licensed occupational therapist,' 'occupational
therapist registered,' 'occupational therapy assistant,' 'licensed occupational
therapy assistant,' 'certified occupational therapy assistant'; or the letters
'O.T.,' 'L.O.T.,' 'O.T.R.,' 'O.T.A.,' 'L.O.T.A.,' or 'C.O.T.A.'; or any other
words, letters, abbreviations, or insignia indicating or implying that he
or
she is an occupational therapist or an
occupational therapy assistant or to show in any way, orally, in writing, in
print, or by sign, directly or by implication, or to represent himself
or
herself as an occupational therapist or an
occupational therapy assistant."
SECTION
1-28.
Said
title is further amended by revising Chapter 29, relating to dispensing
opticians, as follows:
"CHAPTER
29
43-29-1.
This
chapter is enacted in the exercise of the police powers of the state. Its
purposes generally are to protect the public health, welfare, and safety by
providing for the regulation of the sale, dispensing, and supplying of all
ophthalmic appliances, eyeglasses, and all aids to human vision.
43-29-2.
As
used in this chapter, the term:
(1)
'Board' means the State Board of Dispensing
Opticians, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(1.2)
'Director' means the director of professional licensing.
(2)
'Dispensing optician' means, subject to Code Section 43-29-18, an individual who
is duly licensed to prepare and dispense lenses, spectacles, eyeglasses, contact
lenses, and optical devices to the intended user thereof as specifically
directed or authorized on the written prescription of a physician skilled in
diseases of the eye or an optometrist duly licensed to practice his
or
her profession.
(3)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
43-29-3.
(a)
There is created the State Board of Dispensing
Opticians,
as a
professional licensing policy board which
board
shall
supervise
the practice of dispensing opticians and enforce this chapter, which board
shall be composed of five licensed
dispensing opticians, each of whom shall be a resident of
the
this
state who has been engaged in the occupation of dispensing optician in
the
this
state for not less than five years preceding the time of his
or
her appointment, and one additional member
who shall have no connection whatsoever with the trade or occupation of
dispensing optician.
(b)
The members of the board shall be appointed by the Governor, and each such
appointee shall hold office for a period of four years or until his
or
her successor is appointed and
qualified.
(c)
The Governor is also authorized to fill vacancies that may occur from time to
time on said board with persons duly qualified.
(d)(1)
The board shall select from among its own number a chairperson and a vice
chairperson,
shall adopt rules and regulations governing the examination of applicants and
the enforcement of this chapter,
and.
(2)
The licensing board shall establish a code
of ethics and standards of practice for dispensing opticians and such other
rules and regulations governing procedure as shall be necessary and proper for
the carrying out of the objectives of this chapter.
(e)
The board shall provide for meetings at least twice each year
for the
purpose of receiving applications and giving examinations as above
provided and may meet at other times and
at such places as the board shall designate from time to time
or fix by
regulations
upon the
approval of the director.
(f)
The board may administer oaths, summon witnesses, and take testimony in all
matters relating to its duties.
(g)
The
licensing
board and the
director shall issue a license to practice
the trade or occupation of dispensing optician to all persons who shall furnish
satisfactory evidence of attainments and qualifications under this chapter and
the rules and regulations of the
licensing
board. Such license shall be signed
by the
chairperson and attested by the
division
director, and it shall give the person to whom it is issued the absolute
authority to practice the trade or occupation of dispensing optician in this
state.
(h)
Each member of the board shall be reimbursed as provided in subsection (f) of
Code Section 43-1-2.
43-29-4.
(a)
The board shall have an official seal and shall keep a record of its proceedings
and a register of persons whose licenses have been revoked.
(b)
The records of the board shall be open to public inspection, and it shall keep
on file all examination papers for a period of 90 days after each examination.
A transcript of an entry in such records, certified by the division director
under the seal of the board, shall be evidence of the facts stated
therein.
Reserved.
43-29-5.
The
licensing
board and the
director shall have exclusive jurisdiction
in the enforcement of this chapter over all persons engaged in business as
dispensing opticians, whether licensed or unlicensed, provided that nothing
contained in this chapter shall be construed as limiting or abrogating the power
or authority of any board or commission created under any of the laws of this
state defining and regulating any profession to enforce such respective laws or
exercising any of the powers contained in such laws against violators thereof,
even though engaged in the business of dispensing optician.
43-29-6.
The
licensing
board is authorized to adopt rules and regulations pursuant to this chapter for
the carrying out of the purposes of this chapter. The violation of such rules
and regulations shall be grounds for the revocation of any license issued under
this chapter
by the
director or the licensing
board.
43-29-7.
(a)
Any person wishing to obtain the right to practice the trade or occupation of
dispensing optician, as defined in this chapter, shall, before it shall be
lawful for him or her to do so in this state, make application to the
board
director,
upon such form and in such manner as shall be adopted and prescribed by the
licensing
board, and obtain a license from the
board
director.
Unless such person shall have obtained a license as provided in this subsection,
it shall be unlawful for him or her to practice the trade or occupation of
dispensing optician in this state; and he or she shall be subject to the
penalties prescribed in Code Section 43-29-21.
(b)
The
board
director
shall admit to examination any candidate who pays the fee provided for in this
chapter and submits evidence satisfactory to the
board
director,
verified on oath, that:
(1)
The applicant is over 18 years of age;
(2)
The applicant has completed a high school education or its equivalent, as
defined by the State Board of Education;
(3)
The applicant is of good moral character; and
(4)
The applicant has satisfactorily completed one school year of not less than an
850 hour course of study in a recognized school of optical dispensing or has had
practical training and experience of a grade and character satisfactory to the
licensing
board for not less than two years under the supervision of a licensed dispensing
optician, a licensed physician, or a licensed optometrist, provided that any
time spent in a recognized school shall be considered as part of the
apprenticeship period. The practical training and experience required under
this paragraph for an apprenticeship shall include, at a minimum, 3,000 hours of
experience engaged in apprenticeship functions and shall include instruction in
ophthalmic optics, optical laboratory materials and techniques, eye anatomy and
physiology, related laws and regulations, ophthalmic dispensing theory and
application, and basic contact lens theory. Prior to beginning an
apprenticeship, the applicant shall register with the
board
director.
The registration shall identify the supervising licensed physician, licensed
optometrist, or licensed dispensing optician and the mailing address and
telephone number of the primary location where the apprenticeship training shall
occur; provided, however, that in addition to the primary location, such
training may be furnished at other locations under proper supervision. The
licensing
board shall develop a list of textbooks and instructional materials to guide the
apprentice and supervisors in providing the appropriate apprenticeship
instruction. Upon completion by the applicant, such training and experience
shall be certified by the supervising licensed dispensing optician, licensed
physician, or licensed optometrist to the
board
director.
(c)
Applicants who have received practical training and experience in the trade or
occupation of dispensing optician prior to July 1, 2008, shall receive credit
toward the practical training and experience requirements of paragraph (4) of
subsection (b) of this Code section if they register with the
board
director
in accordance with the provisions of said paragraph no later than August 31,
2008.
(d)
Applicants may also meet the educational requirements of this Code section by
receiving a certificate from recognized schools of opticianry with the Technical
College System of Georgia or formal home study programs through the Career
Progression Program with the National Academy of Opticianry or other programs
approved by the
licensing
board.
(e)
Applicants for examination may be examined upon matters pertaining to
mathematics and physics, ophthalmic materials and laboratory technique,
ophthalmic optics, ophthalmic dispensing, and practical subjects. When any
applicant passes the necessary examination and meets the qualifications set out,
the
board
director
shall issue a license to such person to practice the trade or occupation of
dispensing optician.
(f)
Such license shall be conspicuously displayed in the office or place of business
of the dispensing optician; and it shall not be necessary to remove the same so
long as such dispensing optician continues to practice his or her trade or
occupation in this state and so long as the license is not revoked or suspended
by the
director or
the licensing board.
43-29-8.
(a)
An applicant applying for a license to practice the trade or occupation of
dispensing optician shall be required to pass a
licensing
board approved examination.
(b)
Failure to pass a satisfactory examination shall not prevent any applicant from
participating in subsequent examinations upon complying with this chapter, but
any applicant who has failed two examinations shall not be permitted to take any
further examination for licensure under this chapter until such applicant has
furnished sufficient proof of having taken such additional education and
training as shall be required by the
licensing
board.
43-29-9.
Any
person who has been duly licensed to practice as a dispensing optician in any
state of the United States which has a standard of qualifications and
examination for such practice at least as high as that provided for in this
state by this chapter and who has been principally engaged in such practice
pursuant to such license for a period of not less than two years preceding may,
upon proper application to the
board
director
and upon payment of a fee in an amount established by the
licensing
board in lieu of examination and registration fees, be issued a certificate of
registration without examination and shall thereupon be authorized to practice
as a registered dispensing optician in this state subject to this chapter and
the rules and regulations of the
licensing
board, provided that the state of residence of a dispensing optician seeking
registration under this Code section accords a similar privilege to dispensing
opticians licensed by Georgia and seeking to practice as dispensing opticians in
such other state; provided, further, that an applicant for registration under
this Code section shall not, within the five years preceding his application,
have failed any examination which is required in this state.
43-29-10.
All
persons practicing as dispensing opticians shall register with the
division
director and shall pay a biennial registration fee in an amount determined by
the
licensing
board, on or before the renewal date established by the
division
director. Failure to register and pay this fee shall forfeit the certificate of
such delinquent, but he
or
she may be reinstated by paying all
registration dues and an additional penalty fee in an amount established by the
licensing
board.
43-29-11.
(a)
Each person who holds a license as a dispensing optician shall be required to
complete ten hours of continuing education prior to each renewal of such
license.
(b)
With his or her application for license renewal, each licensed dispensing
optician shall submit an affidavit of course hours completed as proof that his
or her education requirements have been satisfied. The
board
director
shall give credit for any course given by any recognized national, regional, or
state dispensing society or association if such course increases the education
of a dispensing optician and is made available to all licensed opticians on a
reasonably nondiscriminatory fee basis. The
board
director
may also approve, in accordance with the objectives of this chapter, other
courses held within or outside of this state which are available to all persons
on a reasonably nondiscriminatory fee basis. Any group of ten or more licensed
opticians may arrange for an educational course and request
board
director
approval thereof. Any such request shall be made at least 90 days prior to the
proposed date of the course and shall include full details as to the contents of
the course, the instructors, and the charge to be made for attendance, as well
as any other information which the
board
director
may require. The
board
director
shall endeavor to act upon any request for approval at least 45 days prior to
the proposed date therefor and shall thereupon notify all licensed opticians of
the time, place, contents, and charges for any such approved course. The
certificate of attendance required under this Code section shall be issued to
the optician upon completion of the approved course. Credit shall be allowed on
the basis of an hour for an hour. To receive one hour of credit, one must
attend one full hour. No fractional hour credits shall be allowed.
(c)
The
board
director
may waive the requirements of this Code section for any license period for any
dispensing optician upon proof of such optician's hardship or disability,
provided that such optician's license may be revoked upon failure of the
licensee to complete the required number of hours, not to exceed 20 hours, of
continuing education within 12 months immediately following
renewal.
(d)
A dispensing optician failing to complete the course hours required under this
Code section shall have his or her license restored upon proof of subsequent
completion of required course hours and, except in the case of a waiver granted
under subsection (c) of this Code section, upon payment of a penalty fee in an
amount established by the
licensing
board.
43-29-12.
The
board
director
shall refuse to issue
it's
a
certificate of registration and may revoke
its
his or
her certificate of registration issued to
any person who is not of good moral character, who commits an act involving
moral turpitude, who is guilty of highly unprofessional conduct, or whose
certificate was issued through error, fraud, or
perjury.,
provided that in all such cases the board shall serve written notice of the
charges on such accused person at least ten days prior to the date set for
hearing, and such person shall be notified to appear before the board to answer
the charges at such time and place as the board may direct. Such
notice
The refusal to
issue a certificate of registration or the revocation of a certificate of
registration pursuant to this Code section shall be done in compliance with Code
Section 43-1-3.1. The notice required by Code Section
43-1-3.1 shall plainly set forth the
charges made and shall notify the accused person to appear to answer the same.
On such hearing, if the charges are found true, the accused having the right to
produce witnesses in his
or
her behalf and cross-examine those
testifying against him
or
her, the
licensing
board shall render judgment against
him
the
accused.
43-29-13.
An
order of the director revoking or suspending a license shall be made in
compliance with Code Section 43-1-3.1.
Any person whose license has been revoked or suspended
by the
board
may, after a
hearing before the licensing board, appeal
to the
superior
court of the county of domicile of the
board
Superior Court
of Bibb County for a trial de novo by
filing with the clerk a certified copy of the charge heard by the
licensing
board and his
or
her petition requesting a trial. Upon
demand by the applicant, the
licensing
board shall make certified copies of any charges. When the copy of the charge
is lodged with the clerk of the
superior
court of the county of domicile of the
board
Superior Court
of Bibb County and the required deposit of
court cost is paid within ten days after the
licensing
board's findings, the appeal shall be considered perfected and shall be docketed
and stand for trial. No such appeal shall operate as a supersedeas to such
revocation or suspension.
43-29-14.
(a)
Dispensing opticians who dispense contact lenses shall instruct the wearer at
the time the lenses are delivered to return to the prescribing and responsible
optometrist or physician skilled in diseases of the eye for evaluation,
approval, and follow-up care.
(b)
A dispensing optician may duplicate lenses without prescription, provided that a
dispensing optician shall not substitute contact lenses for spectacles,
eyeglasses, or other optical devices except as otherwise authorized in this
chapter or engage in the diagnosis of diseases of the human eye or attempt to
determine the refractive powers of the human eye or in any manner attempt to
prescribe remedies for or treat diseases or ailments of human
beings.
(c)
A dispensing optician who qualifies under this chapter shall be determined and
recognized as engaging in a lawful trade or occupation in this
state.
43-29-15.
It
shall be lawful for a dispensing optician to advertise, provided that such
dispensing optician does not advertise in any manner that would tend to mislead
or deceive the public or that would in any manner discredit others in the eye
care field.
43-29-16.
It
shall be unlawful for any dispensing optician, either directly or indirectly, to
participate in any manner in the division, assignment, rebate, splitting, or
refunding of service fees or costs of completed eyeglasses or parts thereof with
a physician, optometrist, or other person or persons.
43-29-17.
Nothing
in this chapter shall be construed to prevent the sale of spectacles for reading
purposes, toy glasses, goggles, or sunglasses consisting of plano white, plano
colored, or plano tinted glasses or ready-made nonprescription glasses; nor
shall anything in this chapter be construed to affect in any way the
manufacturing and sale of plastic or glass artificial eyes or any persons
engaged in the manufacturing or sale of plastic or glass artificial
eyes.
43-29-18.
(a)
Nothing in this chapter shall be construed to authorize or permit any person to
hold himself
or
herself out as being able, or to offer,
undertake, or attempt, by any means or method, to examine eyes or to diagnose,
treat, correct, relieve, operate, or prescribe for any human ailment,
deficiency, deformity, disease, injury, pain, or physical
condition.
(b)
Nothing in this chapter shall be construed to limit or restrict, in any respect,
the practice of medicine by duly licensed physicians authorized to practice
under Article 2 of Chapter 34 of this title or the practice of optometry by duly
licensed optometrists authorized to practice under Chapter 30 of this title.
Nothing in this chapter shall be construed to limit or restrict a duly licensed
physician or optometrist from the practices enumerated and defined in this
chapter; and such licensed physician or optometrist shall have all the rights
and privileges which may accrue under this chapter to dispensing opticians
licensed under this chapter.
(c)
Nothing in this chapter shall be construed to impede, limit, prevent, or
restrict the furnishing, selling, or supplying of any commodities or services by
any manufacturer, wholesaler, jobber, vendor, or distributor of any commodities
or services to any manufacturer, wholesaler, jobber, vendor, or distributor
thereof or to or as agent for any physician, optometrist, or dispensing optician
or to any clinic, infirmary, or hospital or to any school, college, or
university.
(d)
Nothing in this chapter shall be construed to prohibit an unlicensed person from
performing merely mechanical work upon inert materials in an optical office or
laboratory.
(e)
The services and appliances relating to optical dispensing shall be dispensed,
furnished, or supplied to the intended wearer or user thereof only upon
prescription issued by a physician or an optometrist; but duplications,
replacements, reproductions, or repetitions may be done without prescription, in
which event any such act shall be construed to be optical dispensing the same as
if performed on the basis of an original written prescription.
(f)
Nothing contained in this chapter shall be construed to require an employee of a
licensed physician or a licensed optometrist to secure a license under this
chapter or be otherwise subject to this chapter, so long as such employee is
working exclusively for and under the direct supervision of such licensed
physician or optometrist or licensed optician and does not hold himself
or
herself out to the public generally as a
dispensing optician.
43-29-19.
All
fees provided for in this chapter shall be paid in advance to the
division
director. No funds shall be paid out unless authorized by the
chairperson
of the board and the division director,
and no expense shall be created in excess of the fees provided in this
chapter.
43-29-20.
The
practice of the profession of dispensing optician is declared to involve
activities affecting the public interest and involving the health and safety and
welfare of the public. Such activities, when engaged in by a person who is not
licensed, are declared to be a public nuisance and harmful to the public health,
safety, and welfare. The
board
director
or the appropriate prosecuting attorney where such nuisance exists may bring an
action to restrain and enjoin such unlicensed practice in the superior court of
the county where such unlicensed person resides. It shall not be necessary in
order to obtain the equitable relief provided in this Code section to allege or
prove that there is no adequate remedy at law.
43-29-21.
Any
person who shall practice the trade or occupation of dispensing optician, as
defined in this chapter, without first complying with this chapter or who shall
violate any of the Code sections of this chapter shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not
more than $500.00 or by imprisonment of not more than six months in the county
jail, or both."
SECTION
1-29.
Said
title is further amended by revising Chapter 30, relating to optometrists, as
follows:
"CHAPTER
30
43-30-1.
As
used in this chapter, the term:
(1)
'Board' means the State Board of
Optometry, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(1.1)
'Director' means the director of professional licensing.
(1.2)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(2)(A)
'Optometry' means the art and science of visual care and is declared to be a
learned profession. The practice of optometry consists of the diagnosis and
interpretation of the visual behavior of the human organism by the employment of
any means other than surgery. The practice of optometry further consists of the
correction of visual anomalies through the prescribing, employment, and use of
lenses, prisms, frames, mountings, contact lenses, orthoptic exercises, and
visual training, light frequencies, and any other means or methods for the
relief, correction, or remedy of any insufficiencies or abnormal conditions of
the human visual organism, other than surgery. Optometrists are prohibited from
using nondiagnostic lasers. Nothing in this chapter shall prohibit the use,
administration, or prescription of pharmaceutical agents for diagnostic purposes
and treatment of ocular disease in the practice of optometry by optometrists who
have received pharmacological training and certification from a properly
accredited institution of higher learning and who are certified by the
licensing
board to use pharmaceutical agents for diagnostic and treatment purposes. Only
a doctor of optometry who:
(i)
Is already certified for using pharmaceutical agents for diagnostic
purposes;
(ii)
Has passed or passes an examination approved by the
licensing
board which tests knowledge of pharmacology for treatment and management of
ocular diseases;
(iii)
Is certified in coronary pulmonary resuscitation (CPR); and
(iv)
Maintains at least $1 million in malpractice insurance coverage
shall
be certified to use pharmaceutical agents for treatment purposes.
(B)
The
licensing
board shall establish by rule a list, which may be modified from time to time,
of pharmaceutical agents which optometrists shall be allowed to use for
treatment purposes.
(C)
A doctor of optometry shall not administer any pharmaceutical agent by
injection.
(D)
Pharmaceutical agents which are used by a doctor of optometry for treatment
purposes and administered orally may only be:
(i)(I)
Nonnarcotic oral analgesics and Schedule III or Schedule IV controlled
substances which are oral analgesics;
(II)
Used for ocular pain; and
(III)
Used for no more than 72 hours without consultation with the patient's
physician; or
(ii)
Oral and topical antibiotics, antivirals, topical steroids, antifungals,
antihistamines, or antiglaucoma agents related to the diagnosis or treatment of
diseases and conditions of the eye and adnexa oculi except Schedule I or
Schedule II controlled substances. Doctors of optometry using such oral and
topical pharmaceutical agents shall be held to the same standard of care imposed
by Code Section 51-1-27 as would be applied to a physician licensed under
Chapter 34 of this title performing similar acts; provided, however, that a
doctor of optometry shall not be authorized to treat systemic
diseases.
(E)
Pharmaceutical agents which are used by a doctor of optometry for treatment
purposes and administered topically shall be subject to the following conditions
only when used for the treatment of glaucoma:
(i)
If the pharmaceutical agent is a beta blocker, an optometrist certified to use
pharmaceutical agents for treatment purposes must take a complete case history
and determine whether the patient has had a physical examination within the past
year. If the patient has not had such a physical examination or if the patient
has any history of congestive heart failure, bradycardia, heart block, asthma,
or chronic obstructive pulmonary disease, that patient must be referred to a
person licensed under Chapter 34 of this title for examination prior to
initiating beta blocker therapy;
(ii)
If the glaucoma patient does not respond to the topically administered
pharmaceutical agents after 60 days of treatment, that patient must be referred
to an ophthalmologist; and
(iii)
If the patient is diagnosed as having closed angle glaucoma, the patient shall
be immediately referred to an ophthalmologist.
(F)
Doctors of optometry using pharmaceutical agents for treatment purposes shall be
held to the same standard of care imposed by Code Section 51-1-27 as would be
applied to a physician licensed under Chapter 34 of this title performing
similar acts.
(G)
Any doctor of optometry who uses a pharmaceutical agent, except under the
conditions specified therefor by this chapter and any other law, shall be guilty
of a misdemeanor unless a greater penalty is otherwise provided by
law.
(H)
Nothing in this chapter shall be construed to allow a doctor of optometry to
dispense pharmaceutical agents to patients.
43-30-2.
(a)
It shall be the duty of the Governor to appoint a State Board of Optometry
as a
professional licensing policy board, to
consist of six members. This board shall be appointed by the Governor and
styled the 'State Board of Optometry.' All appointments to the board shall be
subject to the confirmation of the Senate. One of the members shall be
appointed from the public at large and shall have no connection whatsoever with
the profession or practice of optometry. The remaining five members shall be
persons who have been actively engaged in the practice of optometry in the state
for five years immediately preceding such appointment, shall be registered as
optometrists under this chapter, and shall be qualified to use pharmaceutical
agents for diagnostic and treatment purposes as authorized under this
chapter.
(b)
No person shall be eligible for appointment to the board who is connected in any
way with a school teaching optometry or who sells optical goods at
wholesale.
43-30-3.
Two
members of the board shall be appointed for one year, two for two years, and one
for three years; and after the expiration of the terms of office of the members
so first appointed, subsequent appointments shall be for a term of three years.
Any vacancy that may occur from any cause shall be filled by the Governor for
the unexpired term.
43-30-4.
The
board shall annually elect a president and a
vice-president
vice
president who shall hold their offices
until their successors are elected and qualified. The
licensing
board shall prescribe such rules, regulations, and bylaws for its proceedings
and governance
as will put
this chapter into effect. There shall be
at least two regular meetings of the board held every year. Special meetings
may be held on the call of the president and two other members
upon the
approval of the director.
43-30-5.
The
licensing
board shall have the authority and power to adopt, establish, enforce, and
maintain rules and regulations applicable to the practice of optometry adequate
to put this chapter into effect and to regulate the practice of optometry as a
profession in conformity with and in compliance with accepted professional
standards; provided, however, the
licensing
board shall not provide by rule to restrict the location of the practice of a
licensed doctor of optometry, and any such rule now in effect shall be null and
void.
43-30-5.1.
Any
truthful written or broadcast advertising for eye exam services whether regional
or national by any optical firm with more than seven locations in the State of
Georgia shall not be required to list the name of the optometrist in the
advertisement provided those optometrists practicing under a trade name at a
specific location shall be identified to any person inquiring by
telephone.
43-30-6.
It
shall be unlawful for any person to practice optometry in this state unless he
or
she shall have first obtained a
certificate of registration from the
board
director
and filed same with the clerk of the superior court of the county in which such
practice is conducted.
43-30-6.1.
Persons
holding a license or certificate of registration issued by the
board
director
shall display that license or certificate in a conspicuous place in that
person's principal place of practice.
43-30-7.
(a)
All persons engaged in the practice of optometry or who wish to begin the
practice of optometry shall apply
through
to
the
division
director to
the board for a certificate of
registration. Such certificate of registration shall be granted to such
applicants upon compliance with the conditions contained in subsections (b),
(c), and (d) of this Code section.
(b)
The applicant shall be registered and given a certificate of registration if he
or she holds a valid license from such other state boards of optometry as may
be, under the rules of comity, recognized by the
licensing
board. The fee for registering such applicant shall be in an amount determined
by the
licensing
board. A person practicing optometry who has been registered and given a
certificate of registration under the rules of comity and who fails to pay the
biennial registration fee, as established by the
licensing
board, on or before the renewal date established by the
division
director shall forfeit his or her certificate of registration. Such person may
be reinstated by paying all past due registration fees and an additional fee in
an amount established by the
licensing
board.
(c)
Any other applicant for registration under this chapter shall be required to
pass an examination approved by the
licensing
board. In addition, each such applicant shall:
(1)
Be 21 years of age and of good moral character;
(2)
Possess a high school education of not less than 16 Carnegie units or the
equivalent thereof to be determined by the
board
director;
(3)
Have completed not less than two years of preoptometry college work in a college
of arts and sciences approved by the
licensing
board or the equivalent thereof to be determined by the
board
director;
and
(4)
Hold a certificate of graduation from an accredited college or university
teaching optometry, acceptable to the
licensing
board, requiring a course of study therein of at least four school
years.
(d)
Any applicant seeking a certificate of registration after July 1, 1994, must be
qualified to use pharmaceutical agents for diagnostic and treatment purposes in
accordance with subparagraph (A) of paragraph (2) of Code Section 43-30-1.
Qualification to use pharmaceutical agents for diagnostic and treatment purposes
shall be met by evidence of:
(1)
Successful completion of pharmacological training and certification from a
properly accredited institution of higher learning, or the equivalent thereof to
be determined by the
licensing
board; and
(2)
Successful passage of an examination approved by the
licensing
board which tests knowledge of pharmacology for treatment and management of
ocular diseases.
43-30-8.
(a)
Each person practicing optometry shall register biennially with the
division
director by completing and filing a form to be furnished by the
board
director.
(b)
The
licensing
board may approve educational programs to be held within or outside this state.
The
licensing
board shall approve only such educational programs as are available to all
persons practicing optometry in the state on a reasonable nondiscriminatory fee
basis. Any request for
licensing
board approval of an educational program shall be submitted in a timely manner
with due regard for the necessity of investigation and consideration by the
licensing
board. The
board
director
may contract with institutions of higher learning, professional organizations,
or qualified individuals for the providing of programs that meet this
requirement; and such programs shall be self-sustaining by the individual fees
set and collected by the provider of the program. The minimum number of hours
of continuing education required shall be fixed by the
licensing
board by February 1 of each calendar year. In no instance may the
licensing
board require a greater number of hours of study than are available at approved
courses held within the state; and the
board
director
is authorized to waive this requirement in cases of certified illness or undue
hardship. Continuing education requirements fixed by the
licensing
board pursuant to this chapter shall not apply to persons practicing optometry
who are 65 or more years of age.
(c)
Failure to register, to pay the registration fee, or to submit satisfactory
proof of training shall forfeit the certificate of the delinquent optometrist;
but a practitioner's certificate may be restored upon payment of all delinquent
registration fees, a penalty as established by the
licensing
board, and the submission of satisfactory proof of training
to the
director.
43-30-9.
(a)
The
board
director
shall refuse to issue
it's
a certificate of registration and may
revoke it's
a certificate of registration issued to
any person who is not of good moral character,
or
who commits an act involving moral turpitude,
or
who is guilty of unprofessional conduct,
or
whose certificate was issued through error, fraud, or perjury,
or
who knowingly makes any fraudulent, misleading, or deceptive statement in any
form of advertising, or who makes any statement in any advertising concerning
the quality of optometric services rendered by the registrant or licensee or any
optometrist associated with him
or
her.
(b)
The
The refusal to
issue a certificate of registration or the revocation of a certificate of
registration pursuant to this Code section shall be done in compliance with Code
Section 43-1-3.1
board shall
serve written notice of the charges on such accused person at least ten days
prior to the date set for hearing, and said person shall be notified to appear
before the board to answer the charges at such time and place as the board may
direct.
Such
The
notice
required by
Code Section 43-1-3.1 shall plainly set
forth the charges made and notify the accused person to appear to answer the
same. On such hearing, if the charges are found true, the accused having the
right to produce witnesses in his
or
her behalf and cross-examine those
testifying against him
or
her, the
licensing
board shall render judgment after such hearing; and the person accused may enter
an appeal to the
next
superior court of the county in which the hearing is held. If he is
dissatisfied with the finding, such appeal is to be governed by the law relating
to appeals in other cases
Superior Court
of Bibb County.
43-30-10.
Actions
of the
board
director
in granting, refusing to grant, or refusing to renew a license issued under this
chapter or in revoking or suspending or refusing to revoke or suspend any such
license shall be
subject to
appeal to the superior court in accordance with Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.'
made in
compliance with Code Section 43-1-3.1.
43-30-11.
(a)
Upon the written request of the
licensing
board, the
division
director shall have the power under paragraph (5) of subsection (a) of Code
Section 50-13-13 to select and appoint an agency representative to determine a
contested case pending before the
licensing
board to the extent and in the manner provided by law.
(b)
In any contested case brought under authority of this chapter to enforce this
chapter, a party aggrieved by an initial decision of the agency representative
may immediately seek judicial review thereof within the time and in the manner
provided by Code Section 50-13-19 if board review of the initial decision of the
agency representative in accordance with Code Section 50-13-17 would not provide
an adequate remedy or if such board review is unlawful. Upon such appeal, the
court shall first determine the claim supporting the intermediate appeal. If
the court determines the claim adversely to the petitioner, it shall remand the
case to the board which shall then proceed in accordance with Code Section
50-13-17, except that the board shall consider the initial decision of the
hearing representative as having been filed with it on the date of remand from
the court. If the court determines the claim adversely to the board, it shall
treat the initial decision of the agency representative as a final decision of
the board and determine all other issues in the case in accordance with Code
Section 50-13-19.
43-30-12.
The
practice of optometry by any unregistered or unlicensed optometrist is declared
to be a menace and a nuisance and dangerous to the public health and safety; and
the
board
director
shall promptly abate such practice by filing an action for an injunction in the
county in which such practice is conducted. The practice shall be enjoined
unless it shall be made to appear that such practitioner is licensed and
registered. The
board
director
is authorized to file and prosecute such action, and it shall be
it's the
director's duty to do so.
43-30-13.
(a)
Nothing in this chapter shall be construed to apply to physicians and surgeons
duly licensed to practice
medicine,
nor;
to prevent persons from selling spectacles or eyeglasses on prescription from
any duly qualified optometrist or
physician,
nor;
to prevent any person from selling glasses as articles of merchandise or from
using test cards in connection with the sale of such glasses at a permanently
located place when not trafficking or attempting to traffic upon assumed skill
in optometry;
nor shall
anything in this chapter be construed to
authorize any registered optometrist to prescribe or administer drugs except as
permitted by law or practice medicine or surgery in any manner as defined by the
laws of this state; nor
shall this
chapter be construed to authorize any such
person to use the title of 'M.D.' or any other title mentioned in Code Section
43-34-21 or 43-34-22.
(b)
Nothing in this chapter shall be construed to imply liability, either civil or
criminal, on the part of a pharmacist who is duly licensed under Title 26 and
who in good faith fills a prescription presented by a patient pursuant to this
chapter. The pharmacist shall presume that the prescription was issued by a
duly licensed optometrist under this chapter who has qualified under this Code
section to prescribe pharmaceutical agents. The pharmacist shall also presume
that the pharmaceutical agent prescribed by the optometrist is an approved
pharmaceutical agent, unless the pharmacist has actual or constructive knowledge
to the contrary.
43-30-14.
Any
person who practices optometry or who offers or pretends to practice or holds
himself or herself out as eligible to practice optometry and who is not legally
registered and licensed shall be guilty of a felony."
SECTION
1-30.
Said
title is further amended by revising Chapter 33, relating to physical
therapists, as follows:
"CHAPTER
33
43-33-1.
This
chapter shall be known and may be cited as the 'Georgia Physical Therapy
Act.'
43-33-2.
This
chapter is enacted for the purpose of safeguarding the public health, safety,
and welfare by providing for state administrative control, supervision, and
regulation of the practice of physical therapy. The practice of physical
therapy is declared to be affected with the public interest; and this chapter
shall be liberally construed so as to accomplish the purpose stated in this Code
section.
43-33-3.
As
used in this chapter, the term:
(1)
'Board' means the State Board of Physical
Therapy, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(1.1)
'Director' means the director of professional licensing.
(2)
'License' means a valid and current certificate of registration issued by the
board
director,
which shall give the person to whom it is issued authority to engage in the
practice prescribed thereon.
(2.2)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(3)
'Licensee' means any person holding a license under this chapter.
(4)
'Person' means a human being only, not a legal entity.
(5)
'Physical therapist' means a person licensed to practice physical therapy as
defined in this chapter and whose license is in good standing. A physical
therapist shall be designated by the initials 'P.T.'
(6)
'Physical therapist assistant' or 'physical therapy assistant' means a person
who is licensed by the
board
director
to assist a physical therapist, whose activities are supervised and directed by
a physical therapist, and whose license is in good standing. A physical
therapist assistant shall be designated by the initials 'P.T.A.'
(7)
'Physical therapy' means the examination, treatment, and instruction of human
beings to detect, assess, prevent, correct, alleviate, and limit physical
disability, bodily malfunction and pain from injury, disease, and any other
bodily and mental conditions and includes the administration, interpretation,
documentation, and evaluation of tests and measurements of bodily functions and
structures; the planning, administration, evaluation, and modification of
treatment and instruction, including the use of physical measures, activities,
and devices, for preventative and therapeutic purposes, including but not
limited to dry needling; and the provision of consultative, educational, and
other advisory services for the purpose of preventing or reducing the incidence
and severity of physical disability, bodily malfunction, and pain.
(8)
'Physical therapy aide' means a person who only performs designated and
supervised physical therapy tasks. The physical therapy aide must receive
direct supervision and must be directed on the premises at all times by a
licensee. Physical therapy aides are not licensed under this
chapter.
(9)
'Trainee' means an individual who is approved for a traineeship.
(10)
'Traineeship' means a period of activity during which a trainee works under the
direct supervision of a licensed physical therapist who has practiced for not
less than one year prior to assuming the supervisory role.
(11)
'Training permit' means a valid and current certificate of registration issued
by the
board
director,
which gives the person to whom it is issued authority to engage in practice
through a traineeship prescribed thereon.
43-33-4.
There
is created a State Board of Physical Therapy
as a
professional licensing policy
board.
43-33-5.
The
board shall consist of eight members, as provided in Code Section 43-33-6, each
of whom shall be appointed by the Governor and confirmed by the Senate for a
term of three years and until a successor is appointed and qualified. Vacancies
on the board shall be filled by the Governor's appointment of a successor to
serve out the unexpired term. The Governor, after notice and opportunity for
hearing, may remove any member of the board for neglect of duty, incompetence,
revocation or suspension of license of those licensee members, or other
dishonorable conduct. No person shall serve consecutively more than two full
terms as a member of the board.
43-33-6.
To
be eligible for appointment to the board, a person must be a resident of this
state. Six members of the board shall be licensed as physical therapists under
this chapter who have practiced or taught physical therapy for at least three
years. At least one member shall be licensed and practicing as a physical
therapist assistant for at least three years. The eighth member shall be
appointed from the public at large and shall have no business connection
whatsoever with the practice or profession of physical therapy.
43-33-7.
With
the exception of hearings in contested cases,
the
The
board may conduct business in conference by telephone, provided that members of
the board shall not receive compensation for business conducted in conference by
telephone.
43-33-8.
Each
member of the board shall be reimbursed as provided for in subsection (f) of
Code Section 43-1-2.
43-33-9.
The
division
director shall be secretary of the board and shall perform such other
administrative duties as may be prescribed by the
licensing
board. In
a contested case, the division director on behalf of the board shall have the
power to subpoena, throughout the state, witnesses, designated documents,
papers, books, accounts, letters, photographs, objects, or other tangible
things. All legal process and all
documents required by law to be served upon or filed with the board shall be
served upon or filed with the
division
director at his or her office.
All
official records of the board or affidavits by the division director certifying
the content of such records shall be prima-facie evidence of all matters
required to be kept therein.
43-33-10.
(a)
In carrying out the provisions of this chapter, the
licensing
board
shall, in
addition to the other powers conferred upon it under this
chapter, have the power to:
(1)
Prepare or approve all examinations
or
applicants for licenses;
(2)
Determine the qualifications of and authorize the issuance of licenses to
qualified physical therapists and physical therapist assistants;
(3)(2)
Determine the qualifications for and approve educational programs that prepare
physical therapists and physical therapist assistants for the purpose of
determining qualifications of applicants for licensure;
(4)
Initiate investigations of alleged or suspected violations of the provisions of
this chapter or other laws of this state pertaining to physical therapy and any
rules and regulations adopted by the board. For this purpose, any board member
or authorized agent of the board shall have the power and right to enter and
make reasonable inspection of any place where physical therapy is
practiced;
(5)
Conduct all hearings in contested cases according to Chapter 13 of Title 50,
known as the 'Georgia Administrative Procedure Act';
(6)
Discipline any person licensed under this chapter, or refuse to grant, renew, or
restore a license to any person upon any ground specified in this
chapter;
(7)
Adopt a seal, the imprint of which together with the authorized signature of
either the division director or other member authorized by the board shall be
effective to evidence its official acts;
(8)(3)
Establish licensing fees and maintain in the office of the
division
director a register of all persons holding a license and a record of all
inspections made;
(9)(4)
Adopt and publish in print or electronically a code of ethics;
(10)
Issue training permits; and
(11)(5)
Adopt such rules and regulations as shall be reasonably necessary for the
enforcement and implementation of the provisions and purposes of this chapter
and other laws of this state insofar as they relate to physical
therapy.;
and
(6)
Conduct hearings upon the petition of any person who is aggrieved or adversely
affected by an order or action of the director, which shall be conducted by the
licensing board in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
(b)
The director shall have the power to:
(1)
Determine the qualifications of and authorize the issuance of licenses to
qualified physical therapists and physical therapist assistants;
(2)
Initiate investigations of alleged or suspected violations of the provisions of
this chapter or other laws of this state pertaining to physical therapy and any
rules and regulations adopted by the licensing board. For this purpose, the
director or authorized agent of the director shall have the power and right to
enter and make reasonable inspection of any place where physical therapy is
practiced;
(3)
Enter orders or take other action consistent with this chapter, which shall be
entered in compliance with Code Section 43-1-3.1;
(4)
Discipline any person licensed under this chapter, or refuse to grant, renew, or
restore a license to any person upon any ground specified in this chapter;
and
(5)
Issue training permits.
43-33-11.
A
physical therapist shall display either the title 'physical therapist' or the
abbreviation 'P.T.' on a name tag or other similar form of identification during
times when such person is providing direct patient care. A physical therapist
assistant shall display either the title 'physical therapist assistant' or the
abbreviation 'P.T.A.' on a name tag or other similar form of identification
during times when such person is providing direct patient care. A physical
therapy aide shall be required to display the title 'physical therapy aide' on a
name tag or other similar form of identification during times when such person
is assisting a licensee. No person shall practice as a physical therapist or as
a physical therapist assistant nor hold himself or herself out as being able to
practice as a physical therapist or as a physical therapist assistant or as
providing physical therapy or use the initials P.T. or P.T.A. in conjunction
therewith or use any word or title to induce the belief that he or she is
engaged in the practice of physical therapy unless he or she holds a license and
otherwise complies with the provisions of this chapter and the rules and
regulations adopted by the
licensing
board. Nothing in this Code section shall be construed as preventing or
restricting the practice, services, or activities of:
(1)
Any person licensed under any other law of this state who is engaged in the
professional or trade practices properly conducted under the authority of such
other licensing laws;
(2)
Any person pursuing a course of study leading to a degree or certificate as a
physical therapist or as a physical therapist assistant in an entry level
educational program approved by the
licensing
board, if such person is designated by a title indicating student status, is
fulfilling work experiences required for the attainment of the degree or
certificate, and is under the supervision of a licensed physical
therapist;
(3)
Any person enrolled in a course of study designed to develop advanced physical
therapy skills when the physical therapy activities are required as part of an
educational program sponsored by an educational institution approved by the
licensing
board and are conducted under the supervision of a physical therapist licensed
under this chapter. If such person provides physical therapy services outside
the scope of the educational program, he or she shall then be required to be
licensed in accordance with this chapter;
(4)
A physical therapist licensed in another state or country or employed by the
United States government conducting a teaching or clinical demonstration in
connection with an academic or continuing education program;
(5)
Any person employed as a physical therapist or as a physical therapist assistant
by the United States government if such person provides physical therapy
services solely under the direction or control of the employing organization.
If such person shall engage in the practice of physical therapy or as a physical
therapist assistant outside the course and scope of such employment, he or she
shall then be required to be licensed in accordance with this chapter;
or
(6)
A person currently licensed in another state who is present in this state for
treatment of a temporary sojourner only, said treatment in this state not to
exceed a total of 60 days during any 12 month period.
43-33-12.
A
license to practice physical therapy shall be issued to any person
who:
(1)
Is a graduate of an educational program that prepares physical therapists and
which is accredited by a recognized accrediting agency and approved by the
licensing
board or, in the case of an applicant who has graduated from an educational
program which prepares physical therapists conducted in a foreign country, has
submitted, in a manner prescribed by the
licensing
board, credentials approved by the
licensing
board and who has further demonstrated the ability to speak, write, and
understand the English language and has satisfactorily completed a three-month
board
director
approved traineeship under the supervision of a physical therapist licensed
under this chapter;
(2)
Has satisfactorily passed an examination prepared or approved by the
licensing
board and has acquired any additional education and training required by the
licensing
board; and
(3)
Is not disqualified to receive a license under the provisions of Code Section
43-33-18 or subsection (a) of Code Section 43-1-19.
43-33-13.
A
license to practice as a physical therapist assistant shall be issued to any
person who:
(1)
Is a graduate of an educational program that prepares physical therapist
assistants and which is accredited by a recognized accrediting agency and
approved by the
licensing
board or, in the case of an applicant who has graduated from an educational
program which prepares physical therapist assistants conducted in a foreign
country, has submitted, in a manner prescribed by the
licensing
board, credentials approved by the
licensing
board and who has further demonstrated the ability to speak, write, and
understand the English language and has satisfactorily completed a three-month
board
director
approved traineeship under the supervision of a physical therapist licensed
under this chapter;
(2)
Has satisfactorily passed an examination prepared or approved by the
licensing
board; and
(3)
Is not disqualified to receive a license under the provisions of Code Section
43-33-18 or subsection (a) of Code Section 43-1-19.
43-33-13.1.
A
physical therapy aide is one, other than a physical therapist or physical
therapist assistant, who is employed to assist a physical therapist or a
physical therapist assistant by performing only designated physical therapy
tasks under direct supervision of a licensee as approved by the
licensing
board by rule or regulation.
43-33-14.
The
board
director
shall determine the competence of applicants to practice as physical therapists
or as physical therapist assistants by any method or procedure which the
licensing
board deems necessary to test the applicant's qualifications.
43-33-15.
The
board
director
may, in
its
his or
her discretion, waive the examination
provided for in paragraph (2) of Code Section 43-33-12 and may, subject to the
provisions under Code Sections 43-33-18 and 43-33-19, grant to a person licensed
in another state or territory of the United States full privileges to engage in
an equivalent practice authorized by this chapter to any person who has
qualifications the
board
director
determines to be the substantial equivalent of the qualifications described
under paragraph (1) of Code Section 43-33-12 and who is properly licensed under
the laws of another state or territory of the United States; provided, however,
that the license held by such person was issued after an examination which, in
the judgment of the
board
director,
is the equivalent of the standards established by the
licensing
board. In waiving the examination requirement, the
board
director
may require additional education or training.
43-33-16.
All
licenses shall expire biennially unless renewed. All applications for renewal
of a license shall be filed with the
division
director prior to the expiration date, accompanied by the biennial renewal fee
prescribed by the
licensing
board. A license which has expired for failure of the holder to renew may only
be restored after application and payment of the prescribed restoration fee
within the time period established by the
division
director and provided the applicant meets such requirements as the
licensing
board may establish by rule. Any license which has not been restored within
such period following its expiration may not be renewed, restored, or reissued
thereafter. The holder of such a canceled license may apply for and obtain a
valid license only upon compliance with all relevant requirements for issuance
of a new license. The
licensing
board shall require no less than four hours of continuing education in order to
renew any license issued pursuant to this chapter.
43-33-17.
(a)
The
board
director
may issue a training permit to an applicant who is a graduate of an approved
physical therapy program who is approved to take the physical therapy licensing
examination or who has taken the examination but not yet received the
examination results.
(b)
The
board
director
may issue a training permit to a foreign trained applicant who is a graduate
from a physical therapy program outside the United States and its territories
and who is approved to take the physical therapy licensing
examination.
(c)
The
board
director
may issue a training permit to a reinstatement applicant whose license to
practice as a physical therapist or license to practice as a physical therapist
assistant has been expired for more than two years.
(d)
The training permit shall allow the holder thereof to work only under the direct
supervision of a physical therapist who has been approved by the
board
director
and has practiced for not less than one year prior to assuming the supervisory
role.
(e)
Training permits are governed by rules and regulations authorized under this
chapter and
approved by the board.
43-33-18.
(a)
The
board
director
shall have authority to refuse to grant or restore a license to an applicant or
to discipline a physical therapist or physical therapist assistant licensed
under this chapter or any antecedent law upon a finding by the
board
director
that the licensee or applicant has:
(1)(A)
Implemented or continued a program of physical therapy treatment without
consultation with an appropriate licensed practitioner of the healing arts;
except that a physical therapist may implement a program of physical therapy
treatment without consultation with an appropriately licensed practitioner of
the healing arts when:
(i)
Services are provided for the purpose of fitness, wellness, or prevention that
is not related to the treatment of an injury or ailment; or
(ii)(I)
The patient was previously diagnosed and received treatment or services for that
diagnosis and the patient returns to physical therapy within 60 days of
discharge from physical therapy for problems and symptoms that are related to
the initial referral to the physical therapist. In such a situation the
physical therapist shall notify the original referral source of the return to
physical therapy within five business days; and
(II)
The physical therapist holds a master's or doctorate degree from a professional
physical therapy program that is accredited by a national accreditation agency
recognized by the United States Department of Education and approved by the
Georgia
State Board of Physical Therapy
licensing
board or the physical therapist has
completed at least two years of practical experience as a licensed physical
therapist.
If
after 90 days of initiating physical therapy services the physical therapist
determines that no substantial progress has been made with respect to the
primary complaints of the patient, the physical therapist shall refer the
patient to an appropriately licensed practitioner of the healing arts. If at
any time the physical therapist has reason to believe that the patient has
symptoms or conditions that require treatment or services beyond the scope of
practice of the physical therapist, the physical therapist shall refer the
patient to an appropriately licensed practitioner of the healing arts;
or
(B)
In the case of practice as a physical therapist assistant, practiced other than
under the supervision and direction of a licensed physical
therapist;
(2)
Displayed an inability or has become unable to practice as a physical therapist
or as a physical therapist assistant with reasonable skill and safety to
patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or
any other type of material, or as a result of any mental or physical
condition:
(A)
In enforcing this paragraph the
board
director
may, upon reasonable grounds, require a licensee or applicant to submit to a
mental or physical examination by an appropriate practitioner of the healing
arts designated by the
board
director.
The expense of such mental or physical examination shall be borne by the
licensee or applicant. The results of such examination shall be admissible in
any hearing before the
licensing
board, notwithstanding any claim of privilege under a contrary rule of law or
statute, including, but not limited to Code Section 24-9-21. Every person who
shall
accept
accepts
the privilege of practicing physical therapy in this state or who shall file an
application for a license to practice physical therapy in this state shall be
deemed to have given his or her consent to submit to such mental or physical
examination and to have waived all objections to the admissibility of the
results in any hearing before the
licensing
board upon the grounds that the same constitutes a privileged communication. If
a licensee or applicant fails to submit to such an examination when properly
directed to do so by the
board
director,
unless such failure was due to circumstances beyond his or her control, the
board
director
may enter a final order
upon proper
notice, hearing, and proof of such refusal
in compliance
with Code Section 43-1-3.1. Any licensee
or applicant who is prohibited from practicing physical therapy under this
paragraph shall at reasonable intervals be afforded an opportunity to
demonstrate to the
board
director
that he or she can resume or begin the practice of physical therapy with
reasonable skill and safety to patients;
(B)
For the purposes of this paragraph, the
board
director
may, upon reasonable grounds, obtain any and all records relating to the mental
or physical condition of a licensee or applicant, including psychiatric records;
and such records shall be admissible in any hearing before the
licensing
board, notwithstanding any privilege under a contrary rule of law or statute,
including, but not limited to, Code Section 24-9-21. Every person who shall
accept the privilege of practicing physical therapy in this state or who shall
file an application to practice physical therapy in this state shall be deemed
to have given his or her consent to the
board's
director
obtaining any such records and to have waived all objections to the
admissibility of such records in any hearing before the
licensing
board upon the grounds that the same constitute a privileged communication;
and
(C)
If any licensee or applicant could, in the absence of this paragraph, invoke a
privilege to prevent the disclosure of the results of the examination provided
for in subparagraph (A) of this paragraph or the records relating to the mental
or physical condition of such licensee or applicant obtained pursuant to
subparagraph (B) of this paragraph, all such information shall be received by
the
licensing
board in camera and shall not be disclosed to the public, nor shall any part of
the record containing such information be used against any licensee or applicant
in any other type of proceeding;
(3)
Been convicted of a felony or crime involving moral turpitude in the courts of
this state, the United States, or the conviction of an offense in another
jurisdiction which if committed in this state would be deemed a felony. For the
purpose of this Code section, a 'conviction' shall include a finding or verdict
of guilty, a plea of guilty, or a plea of nolo contendere in a criminal
proceeding regardless of whether the adjudication of guilt or sentence is
withheld or not entered thereon pursuant to the provisions of Code Sections
42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or
statute;
(4)
Knowingly made misleading, deceptive, untrue, or fraudulent representations to a
patient, consumer, or other person or entity in connection with the practice of
physical therapy or in any document connected therewith; practiced fraud or
deceit or intentionally made any false statement in obtaining or attempting to
obtain a license to practice physical therapy or as a physical therapist
assistant; or made a false or deceptive biennial registration with the
board
director;
(5)
Practiced physical therapy contrary to this Code section or to the rules and
regulations of the
licensing
board; knowingly aided, assisted, procured, or advised any person to practice
physical therapy contrary to this Code section or to the rules and regulations
of the
licensing
board; or knowingly performed any act which in any way aids, assists, procures,
advises, or encourages any unlicensed person to practice physical
therapy;
(6)
Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or
practice harmful to the
public,
which conduct or practice
that
need not have resulted in actual injury to any person; unprofessional conduct
shall also include any departure from, or the failure to conform to, the minimal
standards of acceptable and prevailing physical therapy practice or the failure
to comply with the code of ethics of the
licensing
board;
(7)
Failed to report to the
board
director
any act or omission of a licensee or applicant or any other person which
violates the provisions of this subsection; or
(8)
Divided fees or agreed to divide fees received for professional services with
any person, firm, association, corporation, or other entity for bringing or
referring a patient.
(b)(1)
When the
board
director
finds that any person is unqualified to be granted a license or finds that any
person should be disciplined pursuant to subsection (a) of this Code section,
the
board
director
may take any one or more of the following actions:
(A)
Refuse to grant or restore a license to an applicant;
(B)
Administer a public or private reprimand, but a private reprimand shall not be
disclosed to any person except the licensee;
(C)
Suspend any license for a definite period;
(D)
Limit or restrict any license;
(E)
Revoke any license;
(F)
Condition the penalty or withhold formal disposition, upon the physical
therapist's, physical therapist assistant's, or other person's submission to the
care, counseling, or treatment of physicians or other professional persons, and
the completion of such care, counseling, or treatment, as directed by the
board
director;
or
(G)
Impose a fine not to exceed $500.00 for each violation of law, rule, or
regulation of the
licensing
board.
(2)
In addition to or in conjunction with the actions enumerated pursuant to
paragraph (1) of this
subsection,
the
board
director
may make a finding adverse to the licensee or applicant but withhold imposition
of judgment and penalty, or
it
the
director may impose the judgment and
penalty but suspend enforcement thereof and place the licensee or applicant on
probation,
which
probation
may be vacated upon noncompliance with such reasonable terms as the
board
director
may impose.
(c)
In
its
his or
her discretion, the
board
director
may restore and reissue a license issued under this chapter or any antecedent
law and, as a condition thereof,
it
the
director may impose any disciplinary or
corrective measure provided in this chapter.
(d)
A person, firm, corporation, association, authority, or other entity shall be
immune from civil and criminal liability for reporting the acts or omissions of
a licensee or applicant which violate the provisions of subsection (a) of this
Code section or any other provision of law relating to a licensee's or
applicant's fitness to practice as a physical therapist or as a physical
therapist assistant, if such report is made in good faith without fraud or
malice. Any person who testifies without fraud or malice before the
licensing
board in any proceeding involving a violation of the provisions of subsection
(a) of this Code section or any other law relating to a licensee's or
applicant's fitness to practice as a physical therapist or as a physical
therapist assistant shall be immune from civil and criminal liability for so
testifying.
(e)
An action of the director taken pursuant to this Code section shall be made in
compliance with Code Section 43-1-3.1.
43-33-19.
The
practice of physical therapy is declared to be an activity affecting the public
interest and involving the health, safety, and welfare of the public. Such
practice when engaged in by a person who is not licensed is declared to be
harmful to the public health, safety, and welfare. The
board
director
or the district attorney of the circuit where such unlicensed practice exists,
or any person or organization having an interest therein, may bring a petition
to restrain and enjoin such unlicensed practice in the superior court of the
county where such unlicensed person resides. It shall not be necessary in order
to obtain an injunction under this Code section to allege or prove that there is
no adequate remedy at law, or to allege or prove any special
injury.
43-33-20.
Any
person convicted of violating this chapter shall be guilty of a
misdemeanor."
SECTION
1-31.
Said
title is further amended by revising subsection (b) of Code Section 43-34-23,
relating to delegation of authority to nurse pr physician assistant, as
follows:
"(b)(1)(A)
A physician may delegate the authority contained in subparagraph (B) of this
paragraph to:
(i)
A physician assistant in accordance with a job description; or
(ii)
A nurse recognized by the Georgia Board of Nursing as a certified nurse midwife,
certified registered nurse anesthetist, certified nurse practitioner, or
clinical nurse specialist, psychiatric/mental health in accordance with a nurse
protocol.
(B)
A physician may delegate to those health care professionals identified in
subparagraph (A) of this paragraph:
(i)
The authority to order controlled substances selected from a formulary of such
drugs established by the board and the authority to order dangerous drugs,
medical treatments, and diagnostic studies;
(ii)
The authority to request, receive, and sign for professional samples and to
distribute professional samples to patients. The office or facility at which
the health care professional identified in subparagraph (A) of this paragraph is
working shall maintain a general list of the professional samples approved by
the delegating physician for request, receipt, and distribution by the health
care professional identified in subparagraph (A) of this paragraph as well as a
complete list of the specific number and dosage of each professional sample and
medication voucher received. Professional samples that are distributed by a
health care professional identified in subparagraph (A) of this paragraph shall
be so noted in the patient's medical record. In addition to the requirements of
this Code section, all professional samples shall be maintained as required by
applicable state and federal laws and regulations; and
(iii)
The authority to sign, certify, and endorse all documents relating to health
care provided to a patient within his or her scope of authorized practice,
including, but not limited to, documents relating to physical examination forms
of all state agencies and verification and evaluation forms of the Department of
Human Services, the State Board of Education, local boards of education, the
Department of Community Health, and the Department of Corrections; provided,
however, that a health care professional identified in subparagraph (A) of this
paragraph shall not have the authority to sign death certificates or assign a
percentage of a disability rating.
(2)
A physician may delegate to a nurse or physician assistant the authority to
order dangerous drugs, medical treatments, or diagnostic studies and a nurse or
physician assistant is authorized to dispense dangerous drugs, in accordance
with a dispensing procedure and under the authority of an order issued in
conformity with a nurse protocol or job description, if that nurse or physician
assistant orders or dispenses those dangerous drugs, medical treatments, or
diagnostic studies:
(A)
As an agent or employee of:
(i)
The Department of Public Health;
(ii)
Any county board of health; or
(iii)
Any organization:
(I)
Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal
Revenue Code, as defined in Code Section 48-1-2, other than an organization
which is a hospital, preferred provider organization, health maintenance
organization, or similar organization; or
(II)
Established under the authority of or receiving funds pursuant to 42 U.S.C.
Section 254b or 254c of the United States Public Health Service
Act,
which
and
that organization provides that those
medical services and dangerous drugs which are ordered or dispensed by its
physician assistants and nurses will be provided at no cost to the patient or at
a cost based solely upon the patient's ability to pay; and
(B)
In conformity with subsection (b) of Code Section 26-4-130 and the rules and
regulations established pursuant thereto by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation.
(3)
In addition, a physician may delegate to a nurse or physician assistant the
authority to order dangerous drugs, medical treatments, or diagnostic studies
and a nurse or physician assistant is authorized to dispense dangerous drugs, in
accordance with a dispensing procedure and under the authority of an order
issued in conformity with a nurse protocol or job description, if that nurse or
physician assistant orders or dispenses such drugs, treatments, or studies to a
patient of an outpatient clinic:
(A)
Which is owned or operated by a licensed hospital;
(B)
Which provides such drugs, treatments, or studies free or at a charge to the
patient based solely upon the patient's ability to pay; provided, however,
that
such charge shall not exceed the actual cost to the outpatient clinic;
and
(C)
Whose services are primarily provided to the medically
disadvantaged
and
that nurse or physician assistant orders or dispenses such drugs in conformity
with subsection (b) of Code Section 26-4-130 and the rules and regulations
established pursuant thereto by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation.
(4)
Delegation of authority to a physician assistant pursuant to this subsection
shall be authorized only if that delegation is contained in the job description
approved for that physician assistant by the board.
(5)
Delegation of authority to a nurse pursuant to this subsection shall be
authorized only if that delegation is contained in a nurse protocol for that
nurse.
43-34-26.1."
SECTION
1-32.
Said
title is further amended by revising subsection (b) of Code Section 43-34-26.1,
relating to influenza vaccine protocol agreements, as follows:
"(b)
A physician engaged in the active practice of medicine may prescribe influenza
vaccine for a group of patients via an influenza vaccine order contained in an
influenza vaccine protocol agreement to be administered by a pharmacist,
provided the physician is registered with the vaccination registry established
by the Department of Public Health pursuant to Code Section 31-12-3.1, commonly
known as the Georgia Registry of Immunization Transactions and Services, the
pharmacist is located within the county of the physician's place of registration
with the vaccination registry or a county contiguous thereto, and the pharmacist
holds current certification in Basic Cardiac Life Support and has completed a
course of training accredited by the Accreditation Council for Pharmacy
Education or similar health authority or professional body approved by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation. A physician
who is a party to an influenza vaccine protocol agreement may also prescribe
epinephrine via an influenza vaccine order contained in an influenza vaccine
protocol agreement for administration by a pharmacist upon the occurrence of an
actual or perceived anaphylactic adverse reaction to the administered influenza
vaccine provided that the influenza vaccine protocol agreement sets forth the
signs and symptoms that warrant the administration of
epinephrine."
SECTION
1-33.
Said
title is further amended by revising Chapter 35, relating to podiatry practice,
as follows:
"CHAPTER
35
43-35-1.
This
chapter shall be known and may be cited as the 'Georgia Podiatry Practice
Act.'
43-35-2.
This
chapter is enacted for the purpose of safeguarding the public health, safety,
and welfare by providing for administrative control, supervision, and regulation
of the practice of podiatric medicine in this state. The practice of podiatric
medicine is declared to be affected with the public interest.
43-35-3.
As
used in this chapter, the term:
(1)
'Board' means the State Board of Podiatry
Examiners, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(1.1)
'Director' means the director of professional licensing.
(2)
'License' means a valid and current certificate of registration issued by the
division
director on
behalf of the board which shall give the
person to whom it is issued authority to engage in the practice prescribed
thereon.
(3)
'Licensee' means one who holds a license under this chapter.
(3.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(4)
'Person' means a human person only.
(5)
'Podiatric medicine,' which includes chiropody, podiatry, and podiatric medicine
and surgery, means that portion of the practice of medicine identified by the
acts described in any one or more of the following:
(A)
Charging a fee or other compensation, either directly or indirectly, for any
history or physical examination of a patient in a person's office or in a
hospital, clinic, or other similar facility prior to, incident to, and necessary
for the diagnosis and treatment, by primary medical care, surgical or other
means, of diseases, ailments, injuries, or abnormal conditions of the human foot
and leg;
(B)
Holding oneself out to the public, either directly or indirectly, as being
engaged in the practice of podiatric medicine;
(C)
Displaying or using a title or abbreviation such as 'Doctor of Podiatric
Medicine,' 'D.P.M.,' 'Foot Doctor,' 'Foot Specialist,' 'Foot Surgeon,' 'Foot and
Ankle Surgeon,' or other letters, designations, or symbols or signs of any type
which expressly or implicitly indicate to the general public that the user
renders treatment to the foot, ankle, and leg under the provisions of this
chapter;
(D)
Performing surgery on the foot or leg of a patient, except that when such
surgery is performed under general anesthesia it shall be permissible only when
said
such
surgery is performed at a facility permitted and regulated as a hospital or
ambulatory surgical treatment center under Article 1 of Chapter 7 of Title 31
and when
said
such
general anesthesia is administered under the direction of a duly licensed
physician;
(E)
Performing amputations of the toe; or
(F)
Performing amputations distal to and including the tarsometatarsal joint but
only when performed in a facility permitted and regulated as a hospital or
ambulatory surgical treatment center under Article 1 of Chapter 7 of Title 31
and when performed by a podiatrist who is certified by the
board
director
in meeting the requirements which shall be established by regulations of the
licensing
board which have been jointly approved by the
licensing
board and the Georgia Composite Medical Board.
(6)
'Podiatric resident' means a person who is engaged in a postgraduate program of
study or practice within this state approved by the
licensing
board.
(7)
'Podiatrist' means a physician and surgeon of the human foot and leg who is
subject to this chapter.
43-35-4.
The
State Board of Podiatry Examiners which existed on January 1, 1994, is continued
in existence on and after that date
as a
professional licensing policy board. The
members serving on the board on January 1, 1994, and any person appointed to
fill a vacancy in such office shall continue to serve out their respective terms
of office and until their successors are appointed and qualified. Their
successors shall be appointed as provided by this chapter.
43-35-5.
The
State Board of Podiatry Examiners continued pursuant to Code Section 43-35-4
shall consist of four members. Any vacancy in office of such board resulting
from expiration of term after this chapter becomes effective on July 1, 1994,
shall be filled by appointment by the Governor and approval by the Senate for a
term of three years. Three members shall be podiatrists and may be appointed
from a list of at least three persons submitted to the Governor by the Georgia
Podiatric Medical Association. The fourth member shall be appointed from the
public at large and shall have no connection to the practice of podiatric
medicine. All appointees to the board shall, immediately following their
appointment, take and subscribe to a written oath or affirmation required by law
for public officers. The Governor, after notice and opportunity for hearing,
may remove any member for neglect of duty, incompetence, revocation or
suspension of license, or other dishonorable conduct. After such removal, or
after a vacancy due to other reasons, the Governor shall appoint a successor to
serve the unexpired term.
43-35-6.
To
be eligible for appointment to the board, a person must be a citizen of the
United States and a resident of this state and, except for the person appointed
from the public at large, must:
(1)
Hold a license issued under the provisions of this chapter; and
(2)
Have actively practiced or taught podiatry for at least five years.
43-35-7.
A
majority of the board members shall constitute a quorum for all board business
and, with
the exception of hearings in contested
cases, may conduct business in conference
by telephone.
43-35-8.
The
division
director shall perform such administrative duties as may be prescribed by the
board.
43-35-9.
(a)
The
licensing
board shall:
(1)
Approve all examinations of applicants for licensure;
(2)
Determine the qualifications of and authorize the issuance of licenses to
qualified podiatrists and podiatric residents;
(2)(3)
Determine the qualifications and approve qualified colleges of podiatric
medicine and courses in podiatry for the purpose of determining the
qualifications of applicants for licensure;
(3)(4)
Prescribe and enforce minimum standards of professional conduct for the practice
of podiatric medicine in this state;
(5)
Initiate investigations into alleged or suspected violations of the provisions
of this chapter or any other law of this state pertaining to podiatry and any
rules and regulations adopted by the board;
(6)
Conduct all hearings in contested cases according to state law;
(7)
Suspend, revoke, or cancel the license of, or refuse to grant, renew, or restore
a license to any person upon any ground specified in this chapter;
(8)
Adopt a seal, the imprint of which, together with the authorized signature of
the division director or other member authorized by the board, shall be
effective to evidence its official acts;
(9)
Maintain in the office of the division director a register of all persons
holding a license; and
(4)(10)
Adopt such rules and regulations as shall be reasonably necessary for the
enforcement and implementation of the provisions and purposes of this chapter
and other laws of this state insofar as they relate to the practice of podiatric
medicine.;
and
(5)
Conduct hearings upon the petition of any person who is aggrieved or adversely
affected by an order or action of the director, which shall be conducted by the
licensing board in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
(b)
The director shall:
(1)
Determine the qualifications of and authorize the issuance of licenses to
qualified podiatrists and podiatric residents;
(2)
Initiate investigations into alleged or suspected violations of the provisions
of this chapter or any other law of this state pertaining to podiatry and any
rules and regulations adopted by the licensing board;
(3)
Enter orders or take other action consistent with this chapter which shall be
entered in compliance with Code Section 43-1-3.1; and
(4)
Suspend, revoke, or cancel the license of, or refuse to grant, renew, or restore
a license to any person upon any ground specified in this chapter.
43-35-10.
All
rules and regulations adopted by the board as it existed prior to January 1,
1994, shall continue in effect until modified or repealed.
Reserved.
43-35-11.
(a)
No person shall practice podiatric medicine unless he or she holds a license and
otherwise complies with the provisions of this chapter and the rules and
regulations adopted by the
licensing
board; provided, however, that this chapter shall not apply to any person
licensed to practice medicine, as defined in Chapter 34 of this title; nor shall
it apply to the recommending, fitting, or sale of corrective shoes or
orthomechanical supports or similar appliances by retail dealers or
manufacturers; provided, however, that such dealers or manufacturers shall not
otherwise be entitled to practice podiatric medicine as defined in this chapter
unless duly licensed to do so.
(b)(1)
Nothing in this chapter or any other law of this state shall prohibit the
training and practice, for a period of one year or for such additional periods
as the
licensing
board may determine, by persons appointed as podiatric residents in programs
utilizing training protocols approved by the
licensing
board.
(2)
Residents in podiatric medicine and surgery may perform such duties, tasks, or
functions as considered appropriate for their educational advancement under the
supervision of the appropriate health care practitioner.
(3)
While serving in an approved postgraduate training program, residents in
podiatric medicine and surgery shall not be subject to the continuing education
requirements as set forth in Code Section 43-35-15.
(c)(1)
Licensed podiatrists of other states and foreign countries may be permitted to
enter this state for consultation with any licensed podiatric physician of this
state. Such podiatrist from another state or foreign country shall not be
permitted to establish offices in this state for the practice of podiatric
medicine, either temporary or permanent, unless he or she obtains a license as
elsewhere set forth in this chapter.
(2)
A limited temporary license may, upon the approval of the
board
director,
be issued to a podiatrist from another state or country for the purpose of
advancing medical education and enhancing the individual's training provided
such podiatrist is fully licensed and a member in good standing in that state or
country, and provided such podiatrist is under the supervision of a licensed
podiatric physician of this state.
(3)
A podiatrist from another state or foreign country issued a limited temporary
license shall not be subject to the continuing education requirements as set
forth in Code Section 43-35-15.
(d)
Nothing in this chapter or other laws of this state shall prohibit the
delegation by a podiatric physician to a podiatric assistant or other qualified
person of any acts, duties, or functions which are otherwise permitted by law or
established by custom, nor shall the state prohibit the performance of such
acts, duties, or functions by such person.
43-35-12.
A
license to practice podiatric medicine shall be issued to any person
who:
(1)
Is a graduate of an accredited college of podiatric medicine approved by the
licensing
board;
(2)
Holds a doctoral degree or its equivalent;
(3)
Satisfactorily passes a
licensing
board approved examination, if an examination is required by the
licensing
board;
(4)
Successfully completes postdoctoral training of no less than 12 months as a
resident in podiatric medicine and surgery in a program or institution approved
by, and in good standing with, the
licensing
board;
(5)
Has attained the age of 21 years;
(6)
Is not disqualified to receive a license under the provisions of Code Section
43-35-16; and
(7)
Pays to the
director the required fee
set
by
to
the
licensing
board.
43-35-13.
A
license may, at the discretion of the
board
director,
be issued without examination to any person who:
(1)
Holds a current license authorizing him or her to practice podiatric medicine in
another state or country; provided, however, the state or country has statutory
requirements substantially equal to or exceeding those of this
chapter;
(2)
Otherwise substantially meets all requirements for a license
issued
established
by the
licensing
board;
(3)
Is not disqualified to receive a license under the provisions of Code Section
43-35-16; and
(4)
Pays the required fee to the
board
director.
43-35-14.
The
licensing
board may require applicants to be examined upon the subjects required for the
practice of podiatric medicine. Any standardized examination which the
licensing
board shall approve may be administered to all applicants in lieu of or in
conjunction with any other examination which the
licensing
board may require.
43-35-15.
(a)
Licenses shall expire biennially. All applications for renewal of a license
shall be filed with the
division
director prior to the expiration date, accompanied by the renewal fee prescribed
by the
licensing
board.
(b)(1)
In order to maintain and enhance the professional competence of podiatrists
licensed under the provisions of this chapter and for the protection of the
health and welfare of the people of this state:
(A)
As a requirement for the biennial renewal of his or her license, a podiatric
physician must submit proof to the
board
director
of the completion of not less than 50 hours of approved continuing education in
the preceding two years;
(B)
A podiatrist licensed by reciprocity under Code Section 43-35-13 or by
examination during the first six months of the biennial licensing cycle,
September through February, shall be required to obtain the full 50 hours of
continuing education; if licensed during the following 12 months, March through
February, the podiatrist shall be required to obtain 30 hours of continuing
education; if licensed during the last six months, March through August, the
podiatrist shall be exempt from continuing education requirements for that
biennial licensing cycle.
(2)
In lieu of individual state regulations, the
board
will
director
shall recognize for continuing education
purposes all providers and sponsors of programs approved by the Council on
Podiatric Medical Education of the American Podiatric Medical
Association.
43-35-16.
(a)
The
board
director
shall,
after
notice and opportunity for hearing,
in compliance
with Code Section 43-1-3.1, have the power
to suspend, revoke, or cancel the license of, or refuse to grant, renew, or
restore a license to, any licensee or applicant for a license upon proof of any
one of the following grounds:
(1)
Employment of fraud or deception or cheating in applying for a license or in
taking an examination for a license;
(2)
Failing to demonstrate the qualifications or standards for a license as provided
by this chapter;
(3)
Knowingly making a misleading, deceptive, false, or fraudulent representation
concerning the practice of podiatry or in any document connected therewith, or
practicing fraud or deceit or cheating or intentionally making any false
statement in taking an examination or in obtaining a license to practice
podiatry or intentionally making any false statement in any document submitted
to the
board
director;
(4)
Conviction of a felony in this state or any other state, territory, or country
which, if committed in this state, would be deemed a felony without regard to
its designation elsewhere. For this purpose, a conviction shall include a
finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a
criminal proceeding, regardless of whether an adjudication of guilt or sentence
is entered thereon;
(5)
Commission of a crime involving moral turpitude within this state or within any
other state, territory, or country which, if committed in this state, would be
deemed a crime involving moral turpitude without regard to its designation
elsewhere where:
(A)
A plea of nolo contendere was entered to the charge;
(B)
First offender treatment was granted pursuant to the charge, without
adjudication of guilt; or
(C)
An adjudication or sentence was otherwise withheld or not entered on the
charge;
(6)
Revocation, suspension, or annulment of a license to practice podiatric medicine
by any lawful licensing authority in any state, territory, or country, or any
other disciplinary action taken against a licensee by any lawful licensing
authority, or having been denied a license by any other licensing
authority;
(7)
Advertising for or soliciting patients by any means other than as provided by
the rules and regulations of the
licensing
board;
(8)
The displaying of an inability to practice podiatric medicine with reasonable
skill and safety to patients or having become unable to practice podiatric
medicine with reasonable skill and safety to patients by reason of illness, the
use of alcohol or drugs, narcotics, chemicals, or any other
substance,
or as a result of any mental or physical condition. In enforcing this
paragraph, the
board
director
may, upon reasonable grounds, require a licensee or applicant to submit to a
mental or physical examination by physicians designated by the
board
director.
The results of such examination shall be admissible in any hearing before the
licensing
board, notwithstanding any claim of privilege under a contrary rule of law or
statute. Every person who shall accept the privilege of practicing podiatric
medicine in this state or who shall file an application for a license to
practice podiatric medicine in this state shall be deemed to have given his or
her consent to submit to such mental or physical examination and to have waived
all objections to the admissibility of the results in any hearing before the
licensing
board upon the grounds that the same constitutes a privileged communication. If
the licensee or applicant fails to submit to such an examination when properly
directed to do so by the
board
director,
unless such failure was due to circumstances beyond his or her control, the
board
director
may enter a final order
upon proper
notice, hearing, and proof of such refusal
in compliance
with Code Section 43-1-3.1;
(9)
Flagrant immorality;
(10)
Practicing under a false name or the impersonation of another person except as
may be permitted by the laws of this state and rules and regulations of the
licensing
board concerning professional corporations or associations;
(11)
In light of the condition of the patient at the time of prescription, knowingly
prescribing controlled substances or any other medication without a legitimate
medical purpose or knowingly overprescribing controlled substances or other
medications or chemicals;
(12)
Division of fees for professional services with any person, firm, association,
or corporation for bringing or referring a patient;
(13)
Engaging in any unprofessional, unethical, deceptive, or deleterious conduct or
practice harmful to the public, which need not have resulted in actual injury to
any person, and shall also include departure from, or the failure to conform to,
the minimum prevailing standards for the practice of podiatric medicine in this
state; or
(14)
Violating any other standard of professional conduct as may be prescribed by the
licensing
board.
(b)
Upon a finding of the
board
director
that the public health, safety, or welfare imperatively requires emergency
action and incorporating a finding to that effect in an order, summary
suspension of a license may be ordered pending proceedings for revocation or
other
action,
which
proceedings
shall be promptly instituted and determined.
(c)
Upon a finding by the
board
director
that a license should be denied or sanctioned pursuant to subsection (a) of this
Code section, the
board
director
may take any one or more of the following actions:
(1)
Deny a license to an applicant or refuse to renew a license;
(2)
Administer a public reprimand;
(3)
Suspend any license for a definite period or for an indefinite period in
connection with any condition which may be attached to the restoration of said
license;
(4)
Limit or restrict any license as the
board
director
deems necessary for the protection of the public;
(5)
Revoke any license;
(6)
Condition the penalty or withhold formal disposition upon applicant's or
licensee's submission to such care, counseling, or treatment as the
board
director
may direct; or
(7)
In addition to and in conjunction with the actions provided for in this
subsection, may make a finding adverse to the licensee or applicant but withhold
imposition of judgment and penalty or may impose the judgment and penalty but
suspend the enforcement thereof and place a licensee on probation, which
probation
may be vacated upon noncompliance with such reasonable terms as the
board
director
may impose.
(d)
An order or
finding of the director taken pursuant to this Code section shall be made in
compliance with Code Section 43-1-3.1.
Initial judicial review of a final decision of the
licensing
board shall be had solely in the
superior
court of the county of domicile of the
board
Superior Court
of Bibb County.
(e)
In
its
his or
her discretion, the
board
director
may reinstate a license which has been revoked or issue a license which has been
denied or refused, following such procedures as the
licensing
board may adopt by rule; and, as a condition thereof, the
board
director
may impose any disciplinary or corrective measure authorized by this
chapter.
(f)
The
board
director
shall have the authority to exclude all persons during
its
deliberations on disciplinary
proceedings
actions
and to discuss any disciplinary matter in private with a licensee or
applicant.
(g)
A person, partnership, firm, corporation, association, authority, or other
entity shall be immune from civil or criminal liability for reporting or
investigating the acts or omissions of a licensee or applicant or for initiating
or conducting proceedings against such licensee or applicant pursuant to the
provisions of this chapter or any other provision of law relating to the
licensee's or applicant's fitness to practice podiatric medicine, if such action
is taken in good faith, without fraud or malice. Any person who testifies in
good faith or who makes a recommendation to the
board
director
in the nature of peer review, in good faith, without fraud or malice, before the
licensing
board in any proceeding concerning a violation of this chapter or any other law
relating to the licensee's or applicant's fitness to practice podiatric medicine
shall be immune from civil and criminal liability for so testifying,
participating, or recommending.
(h)
Neither
a
A
denial of a license on grounds other than those enumerated in subsection (a) of
this Code section
nor,
the issuance of a private reprimand
nor,
the denial of a license by reciprocity
nor,
and the denial of a request for
reinstatement of a revoked license shall be
considered
a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.' Notice and hearing within the meaning of Chapter
13 of Title 50 shall not be required, but the licensee or applicant shall be
allowed to appear before the board if he or she so
requests
done in
compliance with Code Section
43-1-3.1.
(i)
If any
licensee fails to appear at any hearing after reasonable notice, the board may
proceed to hear evidence against such licensee and take action as if such
licensee had been present. A notice of hearing, initial or recommended
decision, or final decision of the board in a disciplinary proceeding shall be
served upon the licensee or applicant by certified mail or statutory overnight
delivery, return receipt requested, to the last known address of record with the
board. If such material is returned marked 'unclaimed' or 'refused' or is
otherwise undeliverable and if the licensee or applicant cannot, after diligent
effort, be located, the division director shall be deemed to be the agent for
such service for such licensee or applicant for the purposes of this Code
section; and service upon the division director shall be deemed to be service
upon the licensee or applicant.
(j)
The voluntary surrender of license shall have the same effect as a revocation of
said
such
license, subject to reinstatement in the discretion of the
board
director.
43-35-17.
The
practice of podiatric medicine is declared to be an activity affecting the
public interest and involving the health, safety, and welfare of the public.
Such practice when engaged in by a person who is not licensed under the
provisions of this chapter is declared to be a public nuisance, harmful to the
public health, safety, and welfare. The
board
director,
or the district attorney of the district where such nuisance exists, may bring a
petition to restrain and enjoin such unlicensed practice in the appropriate
court of the county where such unlicensed person resides. It shall not be
necessary in order to obtain an injunction under this Code section to allege or
prove that there is no adequate remedy at law.
43-35-18.
Any
person who violates any provision of this chapter shall be guilty of a felony
and upon conviction thereof shall be punished by a fine of not less than $500.00
nor more than $1,000.00 or by imprisonment from two to five years or
both."
SECTION
1-34.
Said
title is further amended by revising Chapter 38, relating to operators of
private detective businesses and private security businesses, as
follows:
"CHAPTER
38
43-38-1.
This
chapter shall be known and may be cited as the 'Georgia Private Detective and
Security Agencies Act.'
43-38-2.
This
chapter is enacted for the purpose of safeguarding the citizens of this state by
regulation of the private detective and private security businesses. The
regulation of such businesses is declared to be in the public interest; and this
chapter shall be liberally construed so as to accomplish the foregoing
purpose.
43-38-3.
As
used in this chapter, the term:
(1)
'Board' means the Georgia Board of Private Detective and Security Agencies, a
professional licensing
policy
board pursuant
to Chapter 1 of this title with the authority and responsibility set forth in
such chapter.
(1.1)
'Director' means the director of professional licensing.
(2)
'Law enforcement agency' means an agency responsible for ensuring compliance
with the laws and ordinances enacted by federal, state, and local governing
authorities.
(2.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(3)
'Private detective business' means the business of obtaining or furnishing, or
accepting employment to obtain or to furnish, information with reference
to:
(A)
Crimes or wrongs done or threatened against the United States of America or any
state or territory thereof;
(B)
The background, identity, habits, conduct, business, employment, occupation,
assets, honesty, integrity, credibility, knowledge, trustworthiness, efficiency,
loyalty, activity, movement, whereabouts, affiliations, associations,
transactions, acts, reputation, or character of any person;
(C)
The location, disposition, or recovery of lost or stolen property;
(D)
The cause or responsibility for fires, libels, losses, accidents, damage, or
injury to persons or property;
(E)
The securing of evidence in the course of the private detective business to be
used before any court, board, officer, or investigating committee;
or
(F)
The protection of individuals from serious bodily harm or death.
(4)
'Private security business' means engaging in the business of, or accepting
employment to provide, any or all of the following:
(A)
Private patrol service;
(B)
Watchman service;
(C)
Guard service;
(D)
Armored car service; or
(E)
The protection of persons from death or serious bodily harm.
43-38-4.
(a)
There is created the Georgia Board of Private Detective and Security Agencies
as a
professional licensing policy board. The
board shall consist of seven members, each of whom shall be appointed by the
Governor. Each member shall serve for a term of four years. Four members shall
be engaged in the contract private detective or contract private security
business and shall have at least four years of experience in such business
immediately preceding their appointment; provided, however, that on and after
October 1, 1987, at least two members shall be engaged in the contract private
security business. Two members shall be engaged in state, county, or municipal
law enforcement and shall have at least four years of experience in governmental
law enforcement immediately preceding their appointment. One member shall be
appointed from the public at large. At the first meeting of the board held each
year, the members shall elect a
chairman
chairperson
to serve for one year. The Governor may remove any member of the board for
neglect of duty, incompetence, or other unethical or dishonorable conduct.
After such removal or after the creation of a vacancy due to death, resignation,
or ineligibility, the Governor shall appoint a successor to serve the unexpired
term. Appointees to the board shall, immediately after their appointment, take
and subscribe to a written oath or affirmation required by law for all public
officers.
(b)
The members of the board shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
(c)
The
division
director shall be the secretary of the board and shall perform such
administrative duties as may be prescribed by the board.
All
official records of the board or affidavits by the division director as to the
content of such records shall be prima-facie evidence of all matters required to
be kept therein.
(d)(1)
In addition to any authority otherwise granted by this
chapter,
and subject
to the laws relating to the division director, the
board
the
director shall have the following powers
and duties:
(1)(A)
To determine the qualifications of applicants for licenses or registration under
this chapter;
(2)(B)
To investigate alleged violations of this chapter or any rules and regulations
adopted by the
licensing
board, including the power to conduct inspections of a licensee's employee lists
and training records;
(3)
To promulgate all rules and regulations necessary to carry out this
chapter;
(4)
To establish and enforce standards governing the conduct of persons licensed and
registered under this chapter;
(5)(C)
To maintain in
it's the
director's name an action for injunctive
or other appropriate legal or equitable relief to remedy violations of this
chapter. In pursuing equitable remedies, it shall not be necessary that the
board
director
allege or prove
that it
has
there
is no adequate remedy at law. It is
declared that violations of this chapter are a menace and a nuisance and are
dangerous to the public health, safety, and welfare;
(6)
To recommend to the division director the employment or appointment of such
personnel, including, but not limited to, inspectors, as may be necessary to
assist the board in exercising and performing any and all the powers, duties,
and obligations set forth in this chapter;
(7)(D)
To require a licensee to maintain and keep such records as are subject to
inspection under this chapter;
(8)(E)
To issue, renew, deny, suspend, or revoke licenses, certificates, registrations,
or permits in a manner consistent with this chapter;
and
(9)(F)
To hold
hearings on all matters properly brought before
it
enter orders
or take other action consistent with this chapter, which shall be entered in
compliance with Code Section 43-1-3.1 and,
in connection therewith, to administer oaths, receive evidence, make the
necessary determinations, and enter orders consistent with the
findings;
and.
(10)
To develop and apply such techniques which may include examinations as may be
deemed necessary to assure that applicants licensed, registered, or issued
weapons permits have the requisite skills and qualifications.
(2)
The licensing board shall have the following powers and duties:
(A)
To promulgate all rules and regulations necessary to carry out this
chapter;
(B)
To establish and enforce standards governing the conduct of persons licensed and
registered under this chapter;
(C)
To develop and apply such techniques which may include examinations as may be
deemed necessary to assure that applicants licensed, registered, or issued
weapons permits have the requisite skills and qualifications; and
(D)
To conduct hearings upon the timely petition of any person who is aggrieved or
adversely affected by an order or action of the director, which shall be
conducted by the licensing board in accordance with Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.'
43-38-5.
Reserved.
43-38-6.
(a)
Any individual, firm, association, company, partnership, limited liability
company, or corporation desiring to engage in the private detective or private
security business in this state shall make a verified application to the
division
director for a license therefor. If the applicant is a firm, association,
company, partnership, limited liability company, or corporation, the person
filing the application on behalf of such firm, association, company,
partnership, limited liability company, or corporation shall be a corporate
officer of such corporation or an officer of such firm, association,
partnership, or limited liability company; and such individual shall meet the
qualifications set out in this Code section.
(b)
Upon being satisfied of the good character, competency, and integrity of an
applicant for licensure under this chapter or, if the applicant is a firm,
association, company, partnership, limited liability company, or corporation,
upon being satisfied of the good character, competency, and integrity of the
corporate officer of such corporation or officer of such firm, association,
partnership, or limited liability company, the
board
director
may grant a license to conduct a private detective or private security business
to such individual, firm, association, company, partnership, limited liability
company, or corporation if:
(1)
The applicant is at least 18 years of age;
(2)
The applicant is a citizen of the United States or a registered resident
alien;
(3)
The applicant is of good moral character;
(4)
The applicant has not been convicted of a felony or any crime involving the
illegal use, carrying, or possession of a dangerous weapon or any crime
involving moral turpitude; provided, however, that, if the applicant has been
convicted of such crime, or has entered a plea of nolo contendere, or has
entered a plea pursuant to Article 3 of Chapter 8 of Title 42 or otherwise been
granted first offender treatment, the
board
director
may inquire into the nature of the crime, the date of conviction or plea, and
other underlying facts and circumstances surrounding such criminal proceedings
and, in
its
his or
her discretion, may grant a license to
such applicant;
(5)
The applicant has not committed an act constituting dishonesty or
fraud;
(6)
The applicant has satisfied the
board
director
that his or her private detective or private security business has a competent
training officer and adequate training program with a curriculum approved by the
board
director
or that adequate training will be obtained from such other source as the
board
director
may approve;
(7)
The applicant for a private detective company license has had at least two
years' experience as an agent registered with a licensed detective agency,
or
has had at least two years' experience in law enforcement, or has a four-year
degree in criminal justice or a related field from an accredited university or
college; and the applicant for a security company license has had at least two
years' experience as a supervisor or administrator in in-house security
operations or with a licensed security agency,
or
has had at least two years' experience in law enforcement, or has a four-year
degree in criminal justice or a related field from an accredited university or
college;
(8)
The applicants for private detective company licenses and security company
licenses may be required to pass successfully a written examination as the
licensing
board may prescribe; and
(9)
The applicant meets such other qualifications as the
licensing
board may prescribe by rule.
(c)
The application for a license shall be made under oath on a form to be furnished
by the
division
director. The application shall state the applicant's full name, age, date and
place of birth; residences and employment within the past five years, with the
names and addresses of employers; present occupation; date and place of
conviction or arrest for any crime, including the plea of nolo contendere or a
plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first
offender treatment; and such additional information as the
board
director
may require to investigate the qualifications, character, competency, and
integrity of the applicant. Each applicant shall submit with the application
two complete sets of fingerprints on forms specified and furnished by the
board
director
and one photograph, two inches wide by three inches high, full face, taken
within six months prior to the application; provided, however, that the
board
director
may waive the submission of fingerprints and photograph for any employee who has
been employed by a person licensed under this chapter within the previous 12
months. The application shall contain such additional documentation as the
licensing
board may prescribe by rule. The
board
director
shall have the discretion to deny a license to an applicant who fails to provide
the information and supporting documentation required by this
subsection.
(d)(1)
In addition to the requirements enumerated in this Code section, each applicant
for a license under this chapter shall provide satisfactory evidence to the
board
director
that the prospective licensee has posted or has made provision for the posting
of a bond. The required bond shall be executed in favor of the state, in the
amount of $25,000.00, with a surety company authorized to do business in this
state and conditioned to pay damages not to exceed the amount of such bond to
any person aggrieved by any act of the principal named in such
bond,
which
when
such act is in violation of this chapter
and would be grounds for denial, suspension, or revocation of a license under
Code Section 43-38-11. Immediately upon the granting of a license, such bond
shall be filed with the
division
director by the licensee and shall be approved by the
division
director as to form and as to the solvency of the surety. The prospective
licensee may file the required bond with the
division
director prior to the granting of a license for the
division
director's approval as provided in this Code section. In lieu of the required
bond, a prospective licensee may submit to the
board
director
evidence of a policy of liability insurance in an amount of not less than $1
million insuring such prospective licensee against personal liability for
damages arising out of acts of the insured or his employees. No licensee shall
cancel or cause to be canceled a bond or liability insurance policy issued
pursuant to this Code section unless the
board
director
is so informed in writing by certified mail or statutory overnight delivery at
least 30 days prior to the proposed cancellation. In lieu of the required bond
or liability insurance policy, the prospective licensee may submit a net worth
affidavit, prepared using standard accounting procedures, which
affidavit
indicates that the prospective licensee has a net worth of more than $50,000.00.
The
board
director,
in
its
his or
her discretion, may accept a financial
affidavit in lieu of the bond or liability insurance policy required by this
subsection. The
board
director,
in
its
his or
her discretion, may require licensees
under this Code section to submit periodic financial updates to ensure continued
financial responsibility. If the surety or licensee fails to submit, within ten
days of the effective date of cancellation, a new bond or liability insurance
policy or a net worth statement as outlined in this subsection, the
board
director
shall have the authority to revoke any license issued under this
chapter.
(2)
Licensees who have previously posted bonds or submitted net worth affidavits to
comply with the provisions of this subsection may hereafter prove continued
financial responsibility through the use of liability insurance policies in
accordance with paragraph (1) of this subsection.
(e)
Immediately upon receipt of a license certificate issued by the
board
director
pursuant to this chapter, the licensee shall post and at all times display such
license in a conspicuous place at his
or
her place of business. A copy of the
duplicate of the license certificate shall be conspicuously posted at each
branch office.
(f)
Notwithstanding any other provisions of this Code section, an applicant for a
license shall agree that if such applicant makes a false statement in the
application or if such applicant has been found to have been convicted of a
felony and has not had all his or her civil rights restored pursuant to law,
then the
board
director
shall be authorized to suspend any license granted to such applicant
in compliance
with Code Section 43-1-3.1.
without a
prior hearing as required in Code Section 43-38-11. Upon request, any such
person shall be entitled to a hearing on such matter subsequent to the
suspension.
(g)
The
board
director
may grant a license provided in this Code section to a person who is licensed in
another state or territory of the United States which has licensing requirements
substantially similar to the licensing requirements provided in this Code
section.
(h)
The
board
director
may issue a temporary permit for not longer than 30 days to any person who is
licensed in another state or territory of the United States which has licensing
requirements substantially similar to the licensing requirements provided in
this Code section if such person, in the course of an investigation which arose
in the state in which he or she is licensed, finds it necessary to conduct an
investigation in this state. Such temporary permit shall be limited to the
scope of such investigation. No more than one temporary permit shall be issued
in any 12 month period.
(i)
The
board
director
may, in
its
his or
her discretion and in accordance with
regulations adopted by the
licensing
board, enter into limited license recognition agreements with any other state or
the District of Columbia having licensure requirements substantially equal to
the requirements provided by this chapter pursuant to which a person so licensed
in such state or district may conduct an investigation in this state directly
related to an investigation which was initiated outside of this state; provided,
however, that such privilege shall be limited to 30 days for each agency for
each such investigation.
43-38-7.
(a)
Any employer may employ as many agents, guards, watchmen, or patrolmen as he or
she deems necessary for the conduct of his or her business, provided that such
employees meet the requirements and qualifications for licensure under this
chapter.
(b)(1)
Except as provided in paragraph (2) of this subsection, within 180 days of
completing
licensing
board mandated prelicensure training, potential licensees shall make application
to be licensed with the
board
director.
(2)
Any guard, watchman, or patrolman who will be unarmed and who will be employed
in the private security business shall not be required to be licensed by the
board
director
but shall be governed by Code Section 43-38-7.1.
(c)(1)
Except as otherwise provided in paragraph (2) of subsection (b) of this Code
section, upon being satisfied of the applicant's character, competency, and
eligibility for licensure, the
board
director
may license such applicant if he or she:
(A)
Is at least 18 years of age;
(B)
Is a citizen of the United States or a registered resident alien;
(C)
Is of good moral character;
(D)
Has not been convicted of a felony or any crime involving the illegal use,
carrying, or possession of a dangerous weapon or any crime involving moral
turpitude; provided, however, that, if the applicant has been convicted of such
crime,
or
has entered a plea of nolo contendere to such crime, or has entered a plea
pursuant to Article 3 of Chapter 8 of Title 42 or otherwise been granted first
offender treatment, the
board
director
may inquire into the nature of the crime, the date of conviction or plea, and
other underlying facts and circumstances surrounding such criminal proceedings
and, in it's
the director's discretion, may allow the
applicant to be licensed;
(E)
Has not committed an act constituting dishonesty or fraud; and
(F)
Meets such other qualifications as the
licensing
board may prescribe by rule.
(2)
The
licensing
board shall be authorized to require continuing education as a condition of
renewal for all persons required to be licensed or registered with the
board
director
under this chapter. The
licensing
board shall be authorized to promulgate rules and regulations addressing the
requirement for continuing education and circumstances for which a waiver of
this requirement may be granted.
(d)
The license application shall be made under oath and on a form to be furnished
by the
division
director. The application shall state the applicant's full name, age, and date
and place of birth; residences and employment within the past five years;
experience in the position applied for or held; the date and place of conviction
or arrest for any crime, including the entry of a plea of nolo contendere or the
entry of a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other
first offender treatment; and such other information as the
board
director
may require. The license application shall be accompanied by two sets of
fingerprints of the applicant and one photograph of the applicant, two inches
wide by three inches high, full face, and taken within six months prior to the
application. The
board
director
shall have discretion to deny a license to any individual when the information
and supporting documentation required by this subsection are not
provided.
(e)
Upon granting a license pursuant to this Code section, the
board
director
shall so notify the licensee. An employer shall notify the
board
director
within 30 days of the hiring or termination of employment of any employee
licensed under this Code section.
(f)
Upon receipt of a license card issued by the
board
director
pursuant to this chapter, the licensee shall maintain
said
such
card on his or
her person at all times while on his
or
her post or at his
or
her place of employment and at all times
when the licensee wears a uniform in the course of his
or
her employment in the private detective or
private security business.
(g)
Notwithstanding any other provisions of this Code section, any person who is to
be licensed under this Code section shall agree that if such person makes a
false statement in the application or if such person is found to have been
convicted of a felony and has not had all his or her civil rights restored
pursuant to law, then the
board
director
shall be authorized to suspend any license granted to such person
in compliance
with Code Section 43-1-3.1.
without a
prior hearing as required in Code Section 43-38-11. Upon request, any such
person shall be entitled to a hearing on such matter subsequent to the
suspension.
43-38-7.1.
(a)
Any individual, firm, association, company, partnership, limited liability
company, or corporation engaged in the private security business and licensed
pursuant to Code Section 43-38-6 shall be required to maintain registration
records of all guards, watchmen, or patrolmen who are unarmed pursuant to rules
and regulations of the
licensing
board. A licensee shall not be required to register such unarmed employees with
the
board
director.
Unarmed employees shall be required to complete a certain number of hours of
training as prescribed by the
board
director,
and a record of such training shall be maintained with the registration records
of such employees.
(b)
The licensee shall forward fingerprints received from each prospective
registrant to the Georgia Crime Information Center of the Georgia Bureau of
Investigation for the purpose of criminal identification through the fingerprint
system of identification established by the Georgia Bureau of Investigation and
the fingerprint system of investigation established by the Federal Bureau of
Investigation.
(c)
It shall be the duty of the licensee to keep a record of all information
received from the Georgia Bureau of Investigation and the Federal Bureau of
Investigation with respect to criminal identification and to cooperate with the
Georgia Bureau of Investigation, similar departments in other states, and the
United States Department of Justice in any criminal identification
system.
(d)
At such times as the
board
director
may require, fingerprint cards of registrants may be periodically reprocessed by
a licensee to identify criminal convictions subsequent to
registration.
43-38-8.
Notwithstanding
any other provisions of this chapter, any person or corporation may use
temporary employees for special events, provided that such temporary employment
does not exceed 30 days in a calendar year and such employees do not carry
firearms in connection with such employment.
43-38-9.
(a)
The
board
director
shall forward the necessary fingerprints received from each prospective licensee
and registrant required to be licensed or registered by the
board
director
under this chapter to the Georgia Crime Information Center or the Georgia Bureau
of Investigation for the purpose of criminal identification through the
fingerprint system of identification established by such bureau and the
fingerprint system of investigation established by the Federal Bureau of
Investigation.
(b)
It shall be the duty of the
division
director to keep a record of all information received from the Georgia Bureau of
Investigation and the Federal Bureau of Investigation with respect to criminal
identification and to cooperate with the Georgia Bureau of Investigation,
similar departments in other states, and the United States Department of Justice
in any criminal identification system.
(c)
At such times as the
board
director
may require, fingerprint cards of licensees and registrants may be periodically
reprocessed to identify criminal convictions subsequent to licensure or
registration.
43-38-10.
(a)
The
board
director
may grant a permit to carry a pistol, revolver, or other firearm to any person
who is at least 21 years of age and who is licensed or registered in accordance
with this chapter and who meets the qualifications and training requirements set
forth in this Code section and such other qualifications and training
requirements as the
licensing
board by rule may establish. The
licensing
board shall have the authority to establish limits on type and caliber of such
weapons by rule. Application for such permit and for renewal thereof shall be
made on forms provided by the
division
director. No weapons permit issued under this Code section shall be
transferable to another individual.
(b)
No permit under this Code section shall be issued or renewed until the applicant
has presented proof to the
board
director
that he or
she is proficient in the use of firearms.
The
licensing
board shall have the authority to require periodic recertification of
proficiency in the use of firearms and to refuse to renew a permit upon failure
to comply with such requirement. The applicant shall present proof to the
board
director
that:
(1)
He or
she has demonstrated on the firearms range
proficiency in the use of firearms by meeting such minimum qualifications on
pistol and shotgun (if so armed) courses as the
licensing
board may prescribe by rule; and
(2)
He or
she has received such other training and
instruction in the use of firearms as the
licensing
board may require by rule.
(c)
All licensees and registrants under this chapter shall be required to obtain
from the
board
director
a weapons permit under this Code section if a firearm is carried, or is to be
carried, by such licensee or registrant while at or en route directly to and
from his or
her post or place of
employment.
(d)
Any licensee or registrant under this chapter meeting the qualifications and
training requirements set out in this Code section may be issued an exposed
weapons permit in accordance with this Code section and shall be authorized to
carry such firearm in an open and fully exposed manner. Such carrying of a
firearm shall be limited to the time the licensee or registrant is on duty or en
route directly to and from his
or
her post or place of employment. No
stopover en route to and from such post or place of employment is permitted
under the terms of this Code section.
(e)
Licensees or registrants under this chapter may apply to the
board
director
for a concealed weapons permit. Qualifications and training requirements for
such permits and restrictions on such permits shall be established by
appropriate rules of the
licensing
board. The
board
director
shall, in
its
his or
her discretion, consider and approve each
application for a concealed weapons permit on an individual basis.
(f)
An individual issued a permit in accordance with this Code section shall be
exempt from the following laws of this state:
(1)
Code Section 16-11-126, relating to carrying a weapon;
(2)
Code Section 16-11-127, relating to carrying a weapon or long gun in an
unauthorized location; and
(3)
Code Section 16-11-129, relating to licenses to carry weapons
generally.
(g)
The
board
director
shall have the power to deny a weapons permit to any applicant who fails to
provide the information and supporting documentation required by this Code
section or to refuse to renew a permit upon failure to comply with such weapons
proficiency recertification requirements as the
licensing
board may prescribe.
(h)
The
board
director
shall have the authority to order the summary suspension of any weapons permit
issued under this Code section, pending proceedings for revocation or other
sanction by
the licensing board, upon finding that the
public health, safety, or welfare imperatively requires such emergency action,
which
and
the finding shall be incorporated in its
order.
(i)
The
board
director
shall have the same power and authority to deny and sanction weapons permits
under this Code section as that enumerated in Code Section 43-38-11, based on
the same grounds as those enumerated in that Code section.
(j)
A weapons permit issued under this Code section to any person whose license is
suspended pursuant to subsection (f) of Code Section 43-38-6 or whose
registration is suspended pursuant to subsection (g) of Code Section 43-38-7
shall be suspended at the same time as the suspension of the license or
registration without a prior hearing as required in Code Section 43-38-11. A
weapons permit shall be restored to a person upon the restoration of the
person's license or registration.
43-38-10.1.
(a)
The
licensing
board shall provide by rule and regulation for the registration of all training
instructors or training programs so as to regulate all training requirements for
licensure, registration, or weapons permits required by this
chapter.
(b)
The
licensing
board shall have the authority to promulgate rules and regulations governing
minimum training standards for licensure, registration, or weapons permits.
Such training shall be conducted by a
board
director
registered training instructor or through a
licensing
board approved training program.
(c)
Any
board
director
registered training instructor or
licensing
board approved training program shall be required to submit to appropriate
inspection of facilities and review of curriculum.
(d)
The
board
director
may suspend, revoke, or deny any application for registration for any training
instructor or suspend, revoke, or deny approval of any training program as
provided in Code Section 43-38-11.
43-38-11.
(a)
The
board
director
shall have the authority to refuse to grant a license or registration to an
applicant therefor or to revoke the license or registration of a person licensed
or registered by the
board
director
or to discipline a person licensed or registered by the
board
director
upon a finding by
a majority
of the entire board
the
director that the licensee, registrant, or
applicant has:
(1)
Failed to demonstrate the qualifications or standards for a license or
registration contained in this chapter or the rules or regulations under which
licensure is sought or held. It shall be incumbent upon the applicant to
demonstrate to the satisfaction of the
board
director
that he or
she meets all the requirements for the
issuance of a license or registration and, if the
board
director
is not satisfied as to the applicant's qualifications,
it
the
director may deny a license or
registration without a prior hearing; provided, however, that the applicant
shall be allowed to appear before the
licensing
board if he or
she so desires;
(2)
Made any false statement or given any false information in connection with an
application for license or registration, including an application for renewal or
reinstatement thereof;
(3)
Knowingly violated this chapter or violated any rule or regulation promulgated
by the
licensing
board pursuant to the authority contained in this chapter;
(4)
Been convicted, in the courts of this state or of the United States, or in the
courts of any other state, territory, or country, of a felony, or any crime
involving the illegal use, carrying, or possession of a dangerous weapon, or any
crime involving moral turpitude. As used in this subsection, the term 'felony'
shall include any offense which if committed in this state would be deemed a
felony, without regard to its designation elsewhere. For purposes of this
subsection, a 'conviction' shall be deemed to include a finding or verdict of
guilty or plea of guilty, regardless of whether an appeal of the conviction has
been sought;
(5)
Been arrested, charged, and sentenced for the commission of a felony, any crime
involving the illegal use, carrying, or possession of a dangerous weapon, or any
crime involving moral turpitude, where:
(A)
A plea of nolo contendere was entered to the charge;
(B)
First offender treatment was granted without adjudication of guilt pursuant to
the charge; or
(C)
An adjudication or sentence was otherwise withheld or not entered on the charge.
The
plea of nolo contendere or the order entered pursuant to Article 3 of Chapter 8
of Title 42 or other first offender treatment shall be conclusive evidence of
arrest and sentencing for such crime;
(6)
Become unable to engage in the private detective or private security business
with reasonable skill and safety to the public by reason of illness; use of
alcohol, drugs, narcotics, chemicals, or any other type of material; or any
other mental or physical condition. The
board
director
may, however, after investigation of the circumstances surrounding each
application, approve for licensure and registration those individuals who
produce certified medical evidence of having been successfully treated and cured
of alcoholism, drug addiction, or mental illness;
(7)
Committed any act in the practice of the private detective or private security
business constituting dishonesty or fraud;
(8)
Been convicted of impersonating, or permitting or aiding and abetting any other
person to impersonate, a law enforcement officer or employee of the United
States or of this state or of any political subdivision thereof in the practice
of the private detective or private security business;
(9)
Engaged in, or permitted any employee to engage in, the private detective or
private security business without a valid license or registration issued under
this chapter;
(10)
Willfully failed or refused to render a service or to tender a report to a
client in connection with the private detective or private security business as
agreed between the parties and for which compensation was paid or tendered in
accordance with the agreement of the parties;
(11)
Committed a felony, any crime involving the illegal use, carrying, or possession
of a dangerous weapon, or any crime involving moral turpitude;
(12)
Knowingly violated, or advised, encouraged, or assisted in the violation of, any
court order or injunction in the course of the private detective or private
security business or knowingly advised, encouraged, or assisted in the violation
of any lawful order issued by the
licensing
board or the
director;
(13)
Failed to renew a canceled bond or liability insurance policy in accordance with
subsection (d) of Code Section 43-38-6 or failed to supply the financial
affidavit required in lieu thereof;
(14)
Undertaken to give legal advice or counsel; misrepresented that he
or
she is representing an attorney or is
appearing or will appear in any legal proceeding;
or
issued, delivered, or uttered any simulation of process of any nature which
might lead a person to believe that such simulation, whether written, printed,
or typed, may be a summons, warrant, writ, or other court process or pleading in
any court proceeding;
(15)
Failed to demonstrate the qualifications or standards for licensure or
registration contained in this chapter or in the rules and regulations of the
licensing
board. It shall be incumbent upon the applicant to demonstrate to the
satisfaction of the
board
director
that he or
she meets all the requirements for
licensure or registration; and, if the
board
director
is not satisfied as to the applicant's qualifications,
it
the
director shall have the power to deny such
licensure or registration; or
(16)
Purchased, acquired, sold, or released the telephone records, as such term is
defined in Code Section 46-5-210, of any third party who is a Georgia
resident.
(b)(1)
If the
board
director
finds that any applicant for licensure or any prospective registrant is
unqualified to be granted such license or to be registered, the
board
director
may:
(A)
Deny the application for licensure or registration; or
(B)
Limit or restrict any license or registration for a definite period of
time.
(2)
If, after notice and
opportunity
for a hearing, the
board
director
finds that the license or registration of any holder thereof should be revoked
or otherwise sanctioned, the
board
director
may take any one or more of the following actions:
(A)
Administer a public reprimand;
(B)
Suspend any license or registration for a definite period of time;
(C)
Limit or restrict any license or registration for a definite period of
time;
(D)
Revoke or suspend a license or registration;
(E)
Fine any licensee or registrant in an amount not to exceed $500.00 for each
violation of a law or rule or regulation; or
(F)
Place a licensee or registrant on probation for a definite period of time and
impose such conditions of probation as will adequately protect the public during
that period.
In
its
his or
her discretion, the
board
director
may restore or reinstate a license or registration which has been sanctioned
and, in conjunction therewith, may impose any disciplinary or corrective action
provided for in this chapter.
(c)
An order or
finding of the director made pursuant to this chapter shall be made in
compliance with Code Section 43-1-3.1.
Initial judicial review of a final decision of the
licensing
board shall be had solely in the
superior
court of the county of domicile of the
board
Superior Court
of Bibb County.
43-38-11.1.
(a)
After proper notification, the
board
director
may suspend the license, registration, or weapons permit of any licensee,
registrant, or weapons permit holder without a prior hearing as required in Code
Section 43-38-11, provided that said licensee, registrant, or weapons permit
holder is determined by the
board
director
to present a clear and present danger to the public safety on the grounds
outlined in Code Section 43-38-11, is found to have had a prior felony
conviction, or is currently under a first offender sentence for a felony crime
that was not reported on the application for licensure or
registration.
(b)
After
proper notification the board
In accordance
with Code Section 43-1-3.1, the director
may suspend without a prior hearing
as required
in Code Section 43-38-11 the license of
any licensee pursuant to subsection (f) of Code Section 43-38-6
or,
the registration of any registrant pursuant to subsection (g) of Code Section
43-38-7,
or the weapons permit of any weapons permit holder pursuant to subsection (j) of
Code Section 43-38-10.
43-38-12.
All
hearings required to be conducted by the
licensing
board shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act'; and all rules and regulations of the
licensing
board shall be adopted and promulgated in accordance with Chapter 13 of Title
50.
43-38-13.
Licensees
or registrants under this chapter shall have the same power of arrest as that
granted to a private person by Code Section 17-4-60.
43-38-14.
(a)
This chapter shall not apply to:
(1)
An officer or employee of the United States of America or of this state or a
political subdivision thereof while the employee or officer is engaged in the
performance of official duties;
(2)
A person engaged in the business of furnishing information in connection with
credit or marketing and a person or firm engaged as a consumer reporting agency,
as defined by the federal Fair Credit Reporting Act;
(3)
An attorney at law or a bona fide legal assistant in performing his or her
duties;
(4)
Admitted insurers, agents, and insurance brokers licensed by the state while
performing duties in connection with insurance transacted by them;
(5)
A firm engaged in the business of independent insurance claims adjusting whose
employees hold a valid Georgia adjuster's license; or
(6)
The employees of a firm identified in paragraph (5) of this
subsection.
(b)
Any person with a valid peace officer certification issued pursuant to Chapter 8
of Title 35, the 'Georgia Peace Officer Standards and Training Act,' who is
employed by or works as an independent contractor for a licensed:
(1)
Private security business shall be exempt from any training provisions required
by this chapter for such business and shall be deemed to have satisfied all
licensing
board rules and regulations relative to training; and
(2)
Private detective business or private security business shall be exempt from
further licensure under this chapter and shall be permitted to carry a firearm
without obtaining any weapons permit from the
board
director;
provided, however, that such licensed private detective business or private
security business shall be required to register such employee or independent
contractor with the
board
director.
(c)
This chapter shall not prevent the local authorities of any municipality or
county, by ordinance and within the exercise of the police power of such
municipality or county, from imposing local regulations upon any street patrol,
special officer, or person furnishing street patrol service, including
regulations requiring registration with an agency to be designated by such
municipality or county.
(d)
This chapter shall not apply to a person or corporation which employs persons
who do private security work in connection with the affairs of such employer
only and who have an employer-employee relationship with such employer. Neither
such persons or corporations nor their employees shall be required to register
or be licensed under this chapter, although such persons or corporations or
their employees may elect to be licensed under this chapter.
43-38-14.1.
(a)
No municipality, county, or other political subdivision of this state shall
grant a business license to any person required to be licensed under this
chapter until such person has made bona fide application to the
board
director
to be licensed under this chapter and the
board
director
has taken action under the application other than refusal, cancellation,
revocation, or failure to renew the applicant's license.
(b)
As used in this Code section, the term 'person' shall mean any individual, firm,
association, partnership, limited liability company, or
corporation.
43-38-15.
No
individual, firm, association, company, partnership, limited liability company,
or corporation shall engage in any activity covered by this chapter unless such
individual, firm, association, company, partnership, limited liability company,
or corporation is in compliance with this chapter.
43-38-16.
Any
person who engages in the private detective business or private security
business or offers, pretends, or holds himself
or
herself out as eligible to engage in the
private detective business or private security business and who is not legally
licensed or registered under this chapter shall be guilty of a misdemeanor.
Each day or fraction of a day that he
or
she practices in violation of this chapter
shall constitute a separate offense."
SECTION
1-35.
Said
title is further amended by revising Chapter 39, relating to psychologists, as
follows:
"CHAPTER
39
43-39-1.
As
used in this chapter, the term:
(1)
'Board' means the State Board of Examiners of
Psychologists,
a professional licensing policy board pursuant to Chapter 1 of this title with
the authority and responsibilities at set forth in such
chapter.
(1.1)
'Director' means the director of professional licensing.
(1.2)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(2)
'Neuropsychology' means the subspecialty of psychology concerned with the
relationship between the brain and behavior, including the diagnosis of brain
pathology through the use of psychological tests and assessment
techniques.
(3)
'To practice psychology' means to render or offer to render to individuals,
groups, organizations, or the public for a fee or any remuneration, monetary or
otherwise, any service involving the application of recognized principles,
methods, and procedures of the science and profession of psychology, such as,
but not limited to, diagnosing and treating mental and nervous disorders and
illnesses, rendering opinions concerning diagnoses of mental disorders,
including organic brain disorders and brain damage, engaging in neuropsychology,
engaging in psychotherapy, interviewing, administering, and interpreting tests
of mental abilities, aptitudes, interests, and personality characteristics for
such purposes as psychological classification or evaluation, or for education or
vocational placement, or for such purposes as psychological counseling,
guidance, or readjustment. Nothing in this paragraph shall be construed as
permitting the administration or prescription of drugs or in any way infringing
upon the practice of medicine as defined in the laws of this state.
43-39-2.
There
is created a State Board of Examiners of Psychologists
as a
professional licensing advisory board, to
consist of six members who shall be appointed by the Governor under conditions
set forth in this chapter. No member of the board shall be liable to civil
action for any act performed in good faith in the performance of that member's
duties as prescribed by law.
43-39-3.
(a)
The Governor shall appoint members to serve on the board so that the board shall
at all times be composed of five members who are persons licensed as
psychologists under this chapter and one consumer member who is not licensed as
a psychologist under this chapter and who has no connection whatsoever with the
practice or profession of psychology.
(b)
All six members of the board shall serve for terms of five years and until their
successors are appointed and qualified. Vacancies on the board shall be filled
by the Governor for the unexpired term in the same manner as the original
appointment, and members shall serve until their successors are appointed and
qualified. Any board member may be removed after notice and hearing for
incompetence, neglect of duty, malfeasance in office, or commission of a crime
involving moral turpitude.
43-39-4.
Immediately
and before entering upon the duties of their office, the members of the board
shall take the constitutional oath of office and shall file the same in the
office of the Governor who, upon receiving
said
such
oath of office, shall issue to each member a certificate of
appointment.
43-39-5.
(a)
The board shall elect annually a president and a
vice-president
vice
president. The
board shall
operate under the terms of Chapter 1 of this title, providing for a division
director for the professional licensing boards division; and the
division director shall serve the board as
provided by law.
(b)
The board shall hold at least one regular meeting each year. Called meetings
may be held at the discretion of the president or at the written request of any
two members of the board.
(c)
The board
shall adopt a seal, which must be affixed to all licenses issued by the
board.
(d)
The
licensing
board shall from time to time adopt such rules and regulations as it may deem
necessary for the performance of its duties and shall provide for examinations
and pass upon the qualifications of the applicants for the practice of
psychology.
(e)(d)
Each member of the board shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
43-39-6.
The
licensing
board shall have authority to establish a code of conduct and of ethics, to
administer oaths, to summon witnesses, and to take testimony in all matters
relating to its duties. The
board
director
shall issue licenses to practice psychology to all persons who shall present
satisfactory evidence of attainments and qualifications under this chapter and
the rules and regulations of the
licensing
board. Such licenses shall be
attested
issued
by the
division
director
under the
board's adopted seal, and it shall give
absolute authority to the person to whom it is issued to practice psychology in
this state. It shall be the duty of the
division
director,
under the
direction of the board, to aid the
prosecuting attorneys in the enforcement of this chapter and the prosecution of
all persons charged with the violation of its provisions.
43-39-7.
A
person who is not licensed under this chapter shall not practice psychology,
shall not use the title 'psychologist,' and shall not imply that he or she is a
psychologist. If any person shall practice psychology or hold himself or
herself out as being engaged in the practice of psychology and shall not then
possess in full force a valid license to practice psychology under the laws of
this state, such person shall be in violation of this chapter. The following
are exceptions:
(1)
Nothing in this chapter shall require licensure for a person who is certified as
a school psychologist by the Professional Standards Commission while that person
is working as an employee in an educational institution recognized by the
State Board
of Examiners of Psychologists
licensing
board as meeting satisfactory
accreditation standards, provided that no fees are charged directly to clients
or through a third party;
(2)
Nothing in this chapter shall be construed to prevent the teaching of psychology
or the conduct of psychological research, provided that such teaching or
research does not involve the delivery or supervision of direct psychological
services to individuals or groups of individuals by an unlicensed person. Any
person holding a doctoral degree in psychology while working as an employee in a
research laboratory, college, or university recognized by the
licensing
board as meeting satisfactory accreditation standards may use the title
'psychologist' in conjunction with activities permitted by this paragraph,
provided that no fees are charged directly to clients or through a third
party;
(3)
Nothing in this chapter shall require licensure for a person who was engaged in
the practice of psychology as an employee of an agency or department of the
state government, any of its political subdivisions, or community service boards
as defined in Code Section 37-2-2 either prior to July 1, 1996, at a state
intermediate care or skilled care facility for persons with mental retardation
or prior to July 1, 1997, at any other facilities or offices of the entities
previously mentioned, but only when that person is engaged in that practice as
an employee of such entities;
(4)
Nothing in this chapter shall be construed to limit the activities and services
of a person in the employ of or serving for an established and recognized
religious organization, provided that the title 'psychologist' is not used by a
person not licensed and that the person does not imply that he or she is a
psychologist;
(5)
Persons who hold a doctoral degree in psychology may practice under the
supervision of a licensed psychologist in order to obtain the experience
required for licensure;
(6)
Nothing in this chapter shall be construed to prohibit any person from engaging
in the lawful practice of medicine, nursing, professional counseling, social
work, and marriage and family therapy, as provided for under other state law,
provided that such person shall not use the title 'psychologist' nor imply that
he or she is a psychologist;
(7)
Nothing in this chapter shall be construed to prevent students, trainees, or
assistants from engaging in activities defined as the practice of psychology,
provided such persons are under the direct supervision and responsibility of a
licensed psychologist and the student, trainee, or assistant does not represent
himself or herself to be a psychologist. The
licensing
board shall establish rules and regulations for the supervision of persons
exempted under this paragraph; and
(8)
An individual licensed to practice psychology in another jurisdiction may
practice psychology in Georgia without applying for a license, so long as the
requirements for a license in the other jurisdiction are equal to or exceed the
requirements for licensure in Georgia, and the psychologist limits that person's
practice in Georgia to no more than 30 days per year, as defined in the rules
and regulations of the
licensing
board.
43-39-8.
(a)
Any person wishing to practice psychology in this state shall make application
to the
board
through the division director upon such
form and in such manner as shall be adopted and prescribed by the
licensing
board and obtain from the
board
director
a license so to do. Unless such a person has obtained such a license it shall
be unlawful for that person to practice; and if that person shall practice
psychology without first having obtained such a license, that person shall be
deemed to have violated this chapter.
(b)
A candidate for such license shall furnish the
board
director
with satisfactory evidence that the candidate:
(1)
Is of good moral character;
(2)
Has completed the requirements of a doctoral degree from a professional training
program in applied psychology, including but not limited to clinical psychology,
counseling psychology, industrial or organizational psychology, or school
psychology from an accredited educational institution recognized by the
licensing
board as maintaining satisfactory standards. Any person who has received a
doctoral degree in psychology from an accredited educational institution
recognized by the
licensing
board as maintaining satisfactory standards and who has also completed an
organized retraining program in applied psychology acceptable to the
licensing
board shall also meet the degree requirements of this paragraph;
(3)
Has had at least two years of experience in psychology of a type considered by
the
licensing
board to be qualifying in nature;
(4)
Is competent in psychology, as shown by passing such examinations, written or
oral, or both, as the
licensing
board deems necessary; and
(5)
Has not within the preceding six months failed
an
a licensing
board approved examination given by the
board
director.
43-39-9.
Applicants
shall take a
licensing
board approved examination to test the applicant's qualifications. The
examination shall be written or oral or both.
43-39-10.
The
board
director
may grant a license to any person who at the time of application is licensed by
a similar
board
director
of another state whose standards, in the opinion of the
board
director,
are not lower than those required by this chapter. The
board
director
may require the applicant to pass such written and oral examinations as the
licensing
board may deem necessary.
43-39-11.
Reserved.
43-39-12.
Licenses
issued by the
board
director
shall be renewable biennially.
43-39-13.
(a)
The
board
director
shall have the
authority, in
compliance with Code Section 43-1-3.1, to
refuse to grant or renew a license to an applicant therefor or to suspend or
revoke a license issued by the
board
director
or to discipline a person licensed by the
board
director
based upon any of the following: the employment of fraud or deception in
applying for a license or in passing the examination provided for in this
chapter; conviction of a felony; the practice of psychology under a false or
assumed name or the impersonation of another practitioner of a like or different
name; habitual intemperance in the use of alcoholic beverages, narcotics, or
stimulants to such an extent as to incapacitate one in the performance of one's
duties; negligence or wrongful actions in the performance of one's duties; or
for
any violation of subsection (a) of Code Section 43-1-19. Any license revoked by
the
board
director
shall be subject to reinstatement at the discretion of
the
board
director:
(1)
In enforcing this subsection, the
board
director
may, if
it
he or
she has reasonable basis to believe that
the psychologist is practicing while incapacitated in the performance of his or
her duties by reason of substance abuse or mental or physical illness, require a
licensee or applicant to submit to a mental, physical, or mental and physical
examination by an appropriate licensed practitioner designated by the
licensing
board. The results of such examination shall be admissible in any hearing
before the
licensing
board, notwithstanding any claim of privilege under a contrary rule of law or
statute. If a licensee fails to submit to each examination when properly
directed to do so by the
board
director,
the
board
director
may summarily suspend such license, if the public health, safety, and welfare
imperatively requires such action, and thereafter enter a final order upon
proper notice, hearing, and proof of such refusal; and
(2)
For the purpose of this subsection,
if
the
board
director,
if
it has a reasonable basis to believe that
the psychologist is incapacitated in the performance of his or her duties by
reason of substance abuse or mental or physical illness,
the
director may require the psychologist to
produce or give the
board
director
permission to obtain any and all records relating to the alleged incapacitating
mental or physical condition of a licensee or applicant, including that
individual's personal psychiatric and psychological records; and such records
shall be admissible in any hearing before the
licensing
board. If a licensee fails to provide such records when properly directed to do
so by the
board
director,
the
board
director
may summarily suspend such license, if the public health, safety, and welfare
imperatively requires such action, and thereafter enter a final order upon
proper notice, hearing, and proof of such refusal.
(b)
The
board
director
may
not
suspend or revoke or refuse to renew any license for cause or refuse to issue a
license for lack of good moral character
in accordance
with Code Section 43-1-3.1.
unless the
person accused has been afforded an opportunity for a hearing by the board
before either the board or its hearing officer. The hearing shall be held in
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act,' and the board or its hearing officer shall have all the powers and
authority granted to tribunals and their hearing officers under Chapter 13 of
Title 50.
(c)
The action of the
licensing
board in granting or refusing to grant or renew a license under this chapter, or
in revoking or suspending or refusing to revoke or suspend such a license, may
be appealed in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' to the
superior
court in the county where the division director maintains his
offices
Superior Court
of Bibb County, provided that, if the
findings of the
licensing
board are supported by any evidence, then such findings shall be accepted by the
court.
43-39-14.
(a)
The
board
director
may issue a temporary license to an applicant for a permanent license. Such
license shall have the same force and effect as a permanent license. The
temporary license will expire 12 months from the date of its issuance and shall
not be renewable. Upon a finding by the
board
director
that the applicant has failed either the written or oral examination, the
board
director
shall revoke such temporary license.
(b)
The
board
director
may issue a provisional license to an applicant for a permanent license. The
provisional license may be granted to an individual who has passed all written
examinations and completed all other requirements for permanent license except
for the postdoctoral supervised work experience requirement and the oral
examination. Provisional licensure will expire in 24 months unless the
board
director
grants an exception, or in the event of the granting of a permanent license,
whichever occurs first. The provisional license shall not be renewable. An
individual who is licensed under this subsection is restricted to the
stipulations of the supervised work experience requirement. Provisional
licensure will be granted only to an individual who is in the process of
completing the postdoctoral supervised work experience requirement and is
subject to revocation if the
board
director
determines that the requirements of the supervised work experience are not being
satisfactorily met. The revocation of a provisional license shall not be
considered a contested case within the meaning of Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act,' but
a holder of
a provisional license shall have a right to appear before the
board
shall be
governed by Code Section
43-1-3.1.
43-39-15.
The
licensing
board is authorized to establish requirements of continuing education as a
condition for the renewal of licensure of psychologists; however, rules and
regulations concerning accreditation of continuing education programs and other
educational experience and the assignment of credit for participation therein
must be promulgated by the
licensing
board at least one year prior to implementation of continuing education
requirements for renewal of licensure. The
board
director
shall be authorized to waive continuing education requirements in cases of
hardship, disability, illness, or under such other circumstances as the
licensing
board deems appropriate.
43-39-16.
The
confidential relations and communications between a licensed psychologist and
client are placed upon the same basis as those provided by law between attorney
and client; and nothing in this chapter shall be construed to require any such
privileged communication to be disclosed.
43-39-17.
Except
as provided in Code Section 43-39-7, a person shall not practice psychology and
shall not use the title 'psychologist' unless he or she is licensed as provided
in this chapter. A person who is not licensed as provided in this chapter shall
not designate his or her occupation as a psychologist and shall not designate
himself or herself by any other term or title which implies that he or she is
practicing psychology.
43-39-18.
The
board
director
is authorized to bring an action to enjoin any person, firm, or corporation who,
without being licensed to practice psychology by the
board
director,
engages in the practice of psychology as regulated by this chapter. The
proceeding shall be filed in the county in which such person resides or in the
county where the firm or corporation maintains a principal office. If it shall
be made to appear that such person, firm, or corporation is practicing
psychology without a license, the injunction shall be issued and such person,
firm, or corporation shall be permanently enjoined from practicing psychology
throughout the state. It shall not be necessary, in order to obtain the
equitable relief described in this Code section, for the
board
director
to allege and prove there is no adequate remedy at law. It is declared that
such unlicensed activities are a menace and a nuisance and are dangerous to
public health, safety, and welfare.
43-39-19.
Any
person who violates this chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined no less than $100.00 nor more than $1,000.00
and may be imprisoned for a term not to exceed 12 months for such
violation.
43-39-20.
Any
psychologist licensed under this chapter who testifies in good faith without
fraud or malice in any proceeding relating to a licensee's or applicant's
fitness to practice psychology, or who in good faith and without fraud or malice
makes a report or recommendation to the
board
director
in the nature of peer review, shall be immune from civil and criminal liability
for such actions. No psychologist licensed under this chapter who serves as a
supervising or monitoring psychologist pursuant to a public or private order of
the
board
director
shall be liable for any damages in an action brought by the supervised or
monitored psychologist, provided that the supervising or monitoring psychologist
was acting in good faith without fraud or malice."
SECTION
1-36.
Said
title is further amended by revising Chapter 41, relating to residential and
general contractors, as follows:
"CHAPTER
41
43-41-1.
It
is the intent of the General Assembly, in the interest of public health, safety,
and welfare, to safeguard homeowners, other property owners, tenants, and the
general public against faulty, inadequate, inefficient, and unsafe residential
and general contractors. The practice of residential and general contracting is
declared to be a business or profession affecting the public interest and this
chapter shall be liberally construed so as to accomplish the intent and purposes
stated in this Code section.
43-41-2.
As
used in this chapter, the term:
(1)
'Board' means the State Licensing Board for Residential and General
Contractors, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibilities set forth in such
chapter.
(2)
'Business organization' means any partnership, corporation, limited liability
entity, business trust, joint venture, or other legal entity, other than an
individual person, doing business or seeking, offering, or contracting to do
business as a contractor or otherwise performing or acting as a contractor as
defined in this Code section.
(3)
'Contracting' means performing or causing to be performed any of the activities
set forth in paragraphs (4), (5), (9), (10), and (11) of this Code section which
define the types of contractors. The offering of contracting services and the
negotiation of or bid or proposal for engagement or a contract requiring
performance of these services also constitutes contracting.
(4)
'Contractor,' except as specifically exempted by this chapter, means a person
who is qualified, or required to be qualified, under this chapter and who, for
compensation, contracts to, offers to undertake or undertakes to, submits a bid
or a proposal to, or personally or by others performs the construction or the
management of the construction for an owner of any building, bridge, or other
structure, including a person who installs industrialized buildings as defined
in paragraphs (3) and (4) of Code Section 8-2-111, for the construction or
improvement of, addition to, or the repair, alteration, or remodeling of any
such building, bridge, or structure for use by the owner or by others or for
resale to others. The term 'contractor' for purposes of this chapter shall
include a person who contracts to, undertakes to, or submits a bid or proposal
to perform, or otherwise does himself or herself perform, for an
owner:
(A)
Construction management services relative to the performance by others of such
construction activities where the person performing such construction management
services is at risk contractually to the owner for the performance and cost of
the construction; and
(B)
Services of a contractor as part of performance of design-build services,
whether as a prime contractor, joint venture partner, or as a subcontractor to a
design professional acting as prime contractor as part of a design-build entity
or combination.
Both
residential and general contractors, in addition to contractors licensed under
Chapter 14 of this title to perform such work or any component thereof, shall be
permitted to construct storm-water management systems comprising any storm-water
conveyance or storm-water detention facility that moves storm or surface water
from a specific point on a wholly contained construction project site to another
specific point on the same project site and which are wholly contained within
the project site and are not part of or connected to any public or private water
treatment system, waste-water treatment system, or storm-water
system.
(4.1)
'Director' means the director of professional licensing.
(5)
'General contractor' means a contractor whose services are unlimited as to the
type of work which he or she may do, subject to the financial limitations as may
be imposed by a subclassification created pursuant to paragraph
(8)
(7)
of subsection (b) of Code Section 43-41-5, and who may contract for, undertake
to perform, submit a bid or a proposal or otherwise offer to perform, and
perform any activity or work as a contractor requiring licensure under this
chapter including within its scope any work requiring licensure under Chapter 14
of this title; provided, however, that any work contractually undertaken by a
general contractor in the nature of electrical contracting, plumbing,
conditioned air contracting, low voltage contracting, or utility contracting
which falls within the licensing requirements of Chapter 14 of this title may
not be performed by the general contractor but shall only be performed by a
person who is duly licensed to perform such work under Chapter 14 of this title.
The construction of all private, commercial, institutional, industrial, public,
and other buildings and structures under contract with or engagement directly by
an owner shall be undertaken by a general contractor, except as otherwise
expressly set forth in or excluded from operation of this chapter.
(5.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(6)
An 'owner' of real property means a person or entity that has a majority
ownership interest in the real property to be improved and for whom an
improvement is made or who contracts with or engages, directly or through an
agent, the contractor to perform the construction work or services.
(7)
'Qualifying agent' means a person who possesses the requisite skill, knowledge,
and experience and has the responsibility to supervise, direct, manage, and
control all of the contracting activities within the State of Georgia of a
contractor doing business in the form of a business organization, with which he
or she is affiliated by employment or ownership; who has the responsibility to
supervise, direct, manage, and control construction activities on any project
for which he or she has obtained the building permit pursuant to Code Section
43-41-14; and whose technical and personal qualifications have been determined
by investigation and examination as provided in this chapter, except as exempted
under Code Section 43-41-8, as attested by the
division
director.
(8)
'Real property' means the real estate, or an interest therein, that is improved,
including leaseholds, tenements, and easements, and improvements constructed or
placed thereon.
(9)
'Residential contractor' means any contractor who may contract for, undertake to
perform, submit a bid or a proposal or otherwise offer to perform, and perform
any activity or work as a contractor requiring licensure under this chapter for
a fixed price, commission, fee, wage, or other compensation or who undertakes
any activity or work on his or her own behalf or for any person or business
organization that is not licensed as a licensed residential contractor pursuant
to this chapter where such activity or work falls into the category of
residential-basic contractor or residential-light commercial contractor as
defined in this Code section and where the total value of the work or activity
or of the compensation to be received by the contractor for such activity or
work, whichever is the higher, exceeds $2,500.00. The term 'residential
contractor' shall include both a residential-basic contractor and a
residential-light commercial contractor, except where otherwise expressly
stated. The work or activity performed by a residential contractor may include
within its scope any work requiring licensure under Chapter 14 of this title;
provided, however, that any work contractually undertaken by a residential
contractor in the nature of electrical contracting, plumbing, conditioned air
contracting, low voltage contracting, or utility contracting which falls within
the licensing requirements of Chapter 14 of this title may not be performed by
the residential contractor but shall only be performed by a person who is duly
licensed to perform such work under Chapter 14 of this title.
(10)
'Residential-basic contractor' means and encompasses a person who performs
contractor work or activity relative to detached one-family and two-family
residences and one-family townhouses not over three stories in height and their
accessory buildings and structures;
(11)
'Residential-light commercial contractor' means and encompasses a person who
performs any contractor work or activity performed by a residential-basic
contractor and, additionally, shall include such contractor work or activity
related to multifamily and multiuse light commercial buildings and structures,
and their related accessory buildings and structures, which are less than four
stories in height; less than 25,000 square feet in aggregate interior floor
space, except as otherwise provided in this chapter; and are constructed of wood
or light gauge metal frame, brick veneer, prefabricated, or manufactured type of
construction; or are preengineered steel buildings not exceeding 50,000 square
feet of interior floor space; provided that such buildings or structures are not
of the type of building or structure that would constitute a special hazard to
property or to life and safety of persons as defined in subparagraphs (A), (C),
(D), (E), (F), (G), (G.1), (H), (I), and (J) and subparagraph (B), as it applies
to a building of four or more stories, of paragraph (1) of subsection (b) of
Code Section 25-2-13.
(12)
'Specialty contractor' means a contractor whose scope of work and responsibility
is of limited scope dealing with only a specific trade and directly related and
ancillary work and whose performance is limited to such specialty construction
work requiring special skill and requiring specialized building trades or
crafts, including, but not limited to, such activities, work, or services
requiring licensure under Chapter 14 of this title.
43-41-3.
(a)
There is created the State Licensing Board for Residential and General
Contractors as
a professional licensing policy board
consisting of 15 members appointed by the Governor for five-year terms. The
board shall be assigned to the Secretary of State's office for administrative
purposes and shall be under the jurisdiction of the
division
director and shall operate in accordance with and pursuant to the provisions of
Chapter 1 of this title, as applicable. The board shall be
comprised
composed
of two divisions: the residential contractor division, having jurisdiction of
and authority over the two subcategories of residential contracting,
residential-basic contractors and residential-light commercial contractors, and
the general contractor division. Eight members shall be appointed and serve as
members of the residential contractor division of the board and seven members
shall be appointed and serve as members of the general contractor division of
the board. Members shall serve until the expiration of their respective terms
and until their successors are appointed and qualified. Vacancies occurring
during a term shall be filled by appointment of the Governor for the remainder
of the unexpired term and such replacement shall meet the requirements and
criteria of selection of the person previously holding the vacant position. To
be eligible to serve on the respective divisions of the board, each contractor
member shall be and remain actively involved in the construction contracting
business and shall have been so engaged for a period of not less than five
consecutive years before the date of appointment in the particular contracting
business, as a residential contractor or general contractor, corresponding to
the division for which such person is appointed. Any contractor members whose
term continues after or who are appointed to terms commencing two years from the
date that this chapter becomes effective must also have been licensed and
certified by the respective division of the board to operate as a contractor in
the category to which the member is appointed. The position of any
appointive
appointed
member of the board who, during his or her term of appointment, shall cease to
meet the qualifications for original appointment shall be immediately vacated.
No member of the board shall be appointed to serve more than two full
terms.
(b)
The residential contractor division shall consist of eight members and, except
as otherwise expressly stated in this chapter, shall have jurisdiction
of and
authority over the practice of the two
subcategories of residential contracting, residential-basic contractors and
residential-light commercial contractors. Six members shall be residential
contractors eligible for licensure under this chapter; provided, however, that
effective January 1, 2008, all residential contractor members shall be required
to be licensed under this chapter. At least two of the residential contractor
members shall be qualified to perform residential-light commercial type
projects; three shall be qualified and shall predominantly perform
residential-basic type projects; one shall be a residential contractor whose
business predominantly involves remodeling projects; one shall be a residential
contractor who constructs at least an average of 20 residences per year; and all
must be geographically diverse. One member shall be a public building official
and one member shall be a public member. The public member shall have no ties
with the residential construction industry and shall represent the interests of
the public at large. The initial member terms on the residential contractor
division shall be staggered so that all terms do not expire simultaneously.
Three members shall serve initial terms of five years, three members shall serve
initial terms of four years, one member shall serve an initial term of three
years, and one member shall serve an initial term of one year. The residential
contractor division shall meet at least six times each year for the purpose of
transacting such business as may properly come before it.
(c)
The general contractor division shall consist of seven members and, except as
otherwise expressly stated in this chapter, shall have jurisdiction
of and
authority over the practice of general
contracting. Five members shall be general contractors eligible for licensure
under this chapter. Effective January 1, 2008, all general contractor members
shall be required to be licensed under this chapter. At least two of the
general contractor members shall be small-volume builders with an annual
contracting volume of less than $5 million and all of whom must be
geographically diverse. One member shall be a currently licensed or registered
architect or engineer and one member shall be a public building official. The
initial member terms on the general contractor division shall be staggered so
that all terms do not expire simultaneously. Three members, including at least
two contractor members, shall serve initial terms of five years; three members,
including at least two contractor members, shall serve initial terms of four
years; and one member shall serve an initial term of three years. The general
contractor division shall meet at least six times each year for the purpose of
transacting such business as may properly come before it.
43-41-4.
(a)
The initial members of the board shall be appointed no later than July 1, 2005.
The fifteenth member of the board shall be appointed not later than July 1,
2007. The board shall meet within 30 days after its appointment at a time and
place to be designated by the Governor and organize by electing a chairperson
and a vice chairperson, each to serve for a one-year term.
(b)
The office of chairperson of the board shall be rotated between the two
divisions enumerated in this chapter, with the office of vice chairperson to be
held by a member of the division other than that in which the chairperson
serves. Any vacancy in the office of chairperson shall be filled by the members
for the unexpired term. The person selected to fill the vacancy shall be a
member of the same division as the chairperson whose departure has created the
vacancy.
(c)
The board shall meet at the call of the chairperson or upon the recommendation
of a majority of its members. Eight members of the board, including at least
three members from each of its divisions, shall constitute a quorum for
transaction of business by the board.
(d)
Each division within the board shall also elect from its membership a
chairperson and a vice chairperson who shall each serve for a term of two years.
Any vacancy in the office of either the chairperson or vice chairperson shall be
filled by one of the members of the respective division for the unexpired
term.
(e)
Any member elected chairperson of a division may not serve more than two
consecutive full terms of office.
(f)
Each division shall carry out its powers and duties as provided for in this
chapter with the assistance of the
division
director and staff of the professional licensing
boards
division of the Secretary of State's office
and the
officers and staff of the board. Each
division of the board shall operate and transact its business independently of
the other division and of the board at large, except as required by this chapter
and to the extent of common interests and functions, including staffing and
administration.
Each
division of the board shall have delegated from the board the power and
authority to take all appropriate actions in the organization and administration
of each respective division and the effectuation and implementation of the
licensing and enforcement processes required under this chapter, subject to
ultimate oversight and review by the board.
(g)
The divisions of the board shall meet at the call of the chairperson of the
division.
(h)
The board shall not take action on any matter specifically delegated to and
under the authority and control of the one of its divisions unless at least four
of its members from the affected division are present and participating in such
action or decision.
(i)
The
division
director, or his or her designee, shall keep a record of the proceedings of the
board and its respective divisions.
43-41-5.
(a)
The board shall meet at least twice each year for the purpose of transacting
such business as may properly come before it and of overseeing the operation of
its divisions.
(b)
The
licensing
board and
its divisions shall have the power
to:
(1)
Request from the various departments, agencies, and authorities of the state and
its political subdivisions and their agencies and authorities such available
information as
they
it
may require in
their
its
work; and all such departments, agencies, and authorities shall furnish such
requested available information to the
licensing
board and
its divisions within a reasonable
time;
(2)
Provide by regulation for reciprocity with other states or territories of the
United States in the licensing of residential and general contractors, provided
that such other states have requirements substantially equal to the requirements
in force in this state for registration, licensure, or certification and that
any such contractor holding a current and valid license, certificate, or
registration from another state or territory seeking licensure by way of
reciprocity shall demonstrate that such applicant meets, in the discretion of
the
respective
division
director,
the qualifications, requirements, and criteria set forth in Code Section
43-41-6, other than the requirement to take and pass an examination as set forth
in subsection (d) of Code Section 43-41-6, and that such applicant is otherwise
in compliance with all requirements of the State of Georgia for transaction of
such business within this state; provided, further, that a similar privilege is
offered to residents of this state by the other state or territory;
(3)
Establish and adjust fees as necessary within the limits set forth in Chapter 1
of this title;
(4)
Adopt official seals for their use and change them at pleasure;
(5)(4)
Establish the policies and procedures for regulating the businesses of
residential contracting and general contracting and provide interpretation and
guidance regarding the implementation and application of such policies and
procedures;
(6)(5)
Determine qualifications for licensure or certification, including such
experience requirements as the
licensing
board deems necessary;
(7)(6)
Promulgate and adopt rules and regulations necessary to carry out this
chapter;
(8)(7)
Establish and define appropriate categories of general contractor licensure
based upon financial criteria; and
(9)(8)
Allow for inactive status pursuant to Code Section 43-1-22.
(c)
Regarding
the powers and authorities conferred by this Code section relative to the
residential-light commercial contractor subcategory of the residential
contractor classification under this chapter, due to the characteristics of such
subcategory, such powers and authorities shall be delegated to and conferred
upon, in the first instance, a combined and overlapping subdivision comprising
four members of both of the divisions, two of whom shall be the
residential-light commercial qualified members of the residential contractor
division and two of whom shall be the small volume qualified members of the
general contractor division, with neither division having sole oversight and
control of such powers and authorities. The chairperson of such combined
subdivision shall be rotated annually between the chairperson of the residential
contractor division and the chairperson of the general contractor division, with
the residential contractor chairperson initially serving as chairperson. The
combined subdivision shall meet at the call of such chairperson. However,
regarding the actual issuance of licenses under this chapter for
residential-light commercial contracting and any powers and authorities relative
to administration, oversight, control, or disciplinary action of persons issued
such licenses, pursuant to Code Sections 43-41-10, 43-41-11, 43-41-13, 43-41-15,
and 43-41-16, the residential contractor division shall have full power and
authority. Any determinations made or actions taken by this subdivision shall
be subject to the ultimate review, oversight, control, power, and authority of
the board.
(d)(1)
The
division
director is authorized to
make, or
cause to be made through employees or contract agents of the
board, such investigations as he or she or
the
licensing
board may
deem
deems
necessary or proper for the enforcement of the provisions of this chapter. Any
person properly conducting an investigation on behalf of the
board
director
shall have access to and may examine any writing, document, or other material
relating to the fitness of any licensee or applicant. The
division
director or his or her appointed representative may issue subpoenas to compel
such access upon a determination that reasonable grounds exist for the belief
that a violation of this chapter or any other law relating to the practice of
residential or general contracting may have taken place.
(2)
The results of all investigations initiated by the
board
director
shall be reported solely to the
licensing
board, and the records of such investigations shall be kept
for the
board by the
division
director, with the
licensing
board retaining the right to have access at any time to such records. No part
of any such records shall be released, except to the
licensing
board, for any purpose other than a hearing before the
licensing
board, nor shall such records be subject to subpoena; provided, however, that
the
board
director
shall be authorized to release such records to another enforcement agency or
lawful licensing authority.
(3)
The
licensing
board shall have the authority to exclude all persons during
its
deliberations on disciplinary proceedings and to discuss any disciplinary matter
in private with a licensee or applicant and the legal counsel of that licensee
or applicant.
(e)(d)
A person, firm, corporation, association, authority, or other entity shall be
immune from civil and criminal liability for reporting or investigating the acts
or omissions of a licensee or applicant which violate the provisions of this
chapter or any other provision of law relating to a licensee's or applicant's
fitness to practice as a licensed residential or general contractor or for
initiating or conducting proceedings against such licensee or applicant, if such
report is made or action is taken in good faith, without fraud or
malice.
(f)(e)
The denial of a license on grounds other than those enumerated in this chapter,
the issuance of a private reprimand, the denial of a license by reciprocity, the
denial of a request for reinstatement of a revoked license, or the refusal to
issue a previously denied license shall not be considered to be a contested case
within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.' Notice and hearing within the meaning of Chapter 13 of Title 50
shall not be required, but the applicant or licensee shall be allowed to appear
before the
appropriate
division
director
if he or she so requests.
(g)
If any licensee or applicant fails to appear at any hearing after reasonable
notice, the board may proceed to hear the evidence against such licensee or
applicant and take action as if such licensee or applicant had been present. A
notice of hearing, initial or recommended decision, or final decision of the
board in a disciplinary proceeding shall be served upon the licensee or
applicant by certified mail or statutory overnight delivery, return receipt
requested, to the last known address of record with the board. If such material
is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if
the licensee or applicant cannot, after diligent effort, be located, the
division director shall be deemed to be the agent for service for such licensee
or applicant for purposes of this Code section, and service upon the division
director shall be deemed to be service upon the licensee or
applicant.
(h)(f)
The voluntary surrender of a license shall have the same effect as a revocation
of the license, subject to reinstatement in the discretion of the
board
director.
(i)(g)
This Code section shall apply equally to all licensees or applicants whether
individuals, partners, or members of any other incorporated or unincorporated
associations, corporations, business organizations, or other associations of any
kind whatsoever.
(j)(h)
All subpoenas issued pursuant to the authority granted in this chapter shall be
subject to the general rules of law with respect to distance, tender of fees and
expenses, and protective orders; and any motion made with respect thereto shall
be made to and passed on by a judge of the superior court of the county of
residence of the person to whom the subpoena is directed.
43-41-6.
(a)
Anyone seeking to be licensed as a residential contractor or as a general
contractor in this state shall file an application on a form provided by the
residential
contractor or general contractor division,
respectively,
director
accompanied by an application fee as provided by the
licensing
board. Such an application may be submitted either by:
(1)
An individual person seeking issuance of a license in his or her own name for
purposes of engaging in the profession of residential or general contracting in
his or her own name or doing business as an individual in a trade name as a sole
proprietorship; or
(2)
An individual person affiliated by ownership or employment with and acting as a
qualifying agent for a business organization seeking to engage in the profession
of residential or general contracting in the name of the business organization
in accordance with and pursuant to Code Section 43-41-9.
Additionally,
all applicants must submit to and successfully pass an examination
prepared
by, prepared for, or approved by the appropriate
division,
approved by
the licensing board except where an
applicant is otherwise qualified for licensure and has satisfied the
appropriate
division
licensing
board's requirements and regulations for
licensure pursuant to Code Section 43-41-8 exempting such applicant from the
examination requirement or where the applicant is an individual acting as a
qualifying agent for a business organization and has previously obtained and
maintained continuously a license issued by the
appropriate
division
director,
either as an individual doing business in his or her own name or doing business
as an individual in a trade name as a sole proprietor or as a qualifying agent
for another business organization.
(b)
A person shall be eligible for licensure as a residential-basic contractor by
the
residential
contractor division
director
if the person:
(1)
Is at least 21 years of age;
(2)
Is of a good character and is otherwise qualified as to competency, ability, and
integrity;
(3)
Has at least two years of proven experience working as or in the employment of a
residential contractor, predominantly in the residential-basic category, or
other proven experience deemed substantially similar by the
division
licensing
board; and
(4)
Has had significant responsibility for the successful performance and completion
of at least two projects falling within the residential-basic category in the
two years immediately preceding application.
(c)
A person shall be eligible for licensure as a residential-light commercial
contractor by the residential-light commercial subdivision if the
person:
(1)
Is at least 21 years of age;
(2)
Is of a good character and is otherwise qualified as to competency, ability, and
integrity;
(3)
Meets eligibility requirements according to one of the following
criteria:
(A)
Has received a baccalaureate degree from an accredited four-year college or
university in the field of engineering, architecture, construction management,
building construction, or other field acceptable to the
division
licensing
board and has at least one year of proven
experience working as or in the employment of a residential contractor, general
contractor, or other proven experience deemed substantially similar by the
division
director;
(B)
Has a combination acceptable to the
division
licensing
board of academic credits from any
accredited college-level courses and proven practical experience working as or
in the employment of a residential contractor, general contractor, or other
proven experience deemed substantially similar by the
division
director
equaling at least four years in the aggregate. For purposes of this
subparagraph, all university, college, junior college, or community
college-level courses shall be considered accredited college-level courses;
or
(C)
Has a total of at least four years of proven active experience working in a
construction industry related field, at least two of which shall have been as or
in the employment of a residential contractor, or other proven experience deemed
acceptable by the
division
licensing
board; and
(4)
Has had significant responsibility for the successful performance and completion
of at least two projects falling within the residence-light commercial category
in the four years immediately preceding application.
(d)
A person shall be eligible for licensure as a general contractor by the
general
contractor division
director
if the person:
(1)
Is at least 21 years of age;
(2)
Is of a good character and is otherwise qualified as to competency, ability,
integrity, and financial responsibility; and
(3)
Meets eligibility requirements according to one of the following
criteria:
(A)
Has received a baccalaureate degree from an accredited four-year college or
university in the field of engineering, architecture, construction management,
building construction, or other field acceptable to the
division
licensing
board and has at least one year of proven
experience working as or in the employment of a general contractor or other
proven experience deemed substantially similar by the
division
director;
(B)
Has a combination acceptable to the
division
licensing
board of academic credits from any
accredited college-level courses and proven practical experience working as or
in the employment of a general contractor or other proven experience deemed
substantially similar by the
division
director
equaling at least four years in the aggregate. For purposes of this
subparagraph, all university, college, junior college, or community
college-level courses shall be considered accredited college-level courses;
or
(C)
Has a total of at least four years of proven active experience working in a
construction industry related field, at least two of which shall have been as or
in the employment of a general contractor, or other proven experience deemed
acceptable by the
division
licensing
board and at least one of which shall have
been in or relating to administration, marketing, accounting, estimating,
drafting, engineering, supervision, or project management, or functions deemed
substantially similar by the
division
director.
(e)
Before being entitled to take an examination or otherwise qualify for issuance
of a license, an applicant must show to the satisfaction of the
residential
contractor division or general contractor
division
director
from the application and proofs furnished that the applicant is possessed of a
good character and is otherwise qualified as to competency, ability, integrity,
and financial responsibility. The application shall include a list of all
persons, entities, and business organizations that the applicant will be
affiliated with as a licensed residential contractor or general contractor,
whether by way of employment, ownership, serving as an owner or director,
partnership, or membership or by serving as a qualifying agent under this
chapter. Applicants for a general contractor license shall provide proof of a
minimum net worth in an amount which is specified by the
general
contractor division
licensing
board. Additionally, all applicants shall
provide proof of general liability insurance and of workers' compensation
insurance as required by the laws of this state in their name. However, if and
to the extent the applicant is submitted as a person seeking to act as a
qualifying agent of a particular business organization, such proofs and
information shall relate and pertain to such business organization rather than
the individual applicant, subject to the limitations set forth in subsection (d)
of Code Section 43-41-9. All applicants shall also provide their social
security numbers, if applying as an individual, or the federal taxpayer
identification numbers of any business organization for which the applicant is
seeking licensure as a qualifying agent. Applicants for a general contractor's
license shall also provide suitable verification of tax payments in a form and
manner and for the duration prescribed by the
general
contractor division
licensing
board; provided, however, that where the
application is seeking license as a qualifying agent of a business organization,
such tax verification and information shall relate and pertain to that business
organization. The decision of the
appropriate
division
director
as to the qualifications of applicants shall, in the absence of fraud, be
conclusive. A certificate by the insurer or other appropriate evidence of such
coverages shall be maintained with the
appropriate
division
director
and shall be a condition of renewal. A licensee, on his or her own behalf or
where acting as a qualifying agent on behalf of the business organization so
qualified, must notify the
appropriate
division
director
in writing within 30 days of any changes in the information required to be on
file with
such
division
director,
including, but not limited to, the licensee's and, if the licensee is acting as
a qualifying agent for any business organization, such business organization's
current mailing address, insurance coverages, and affiliated
entities.
(f)(1)
The
residential
contractor division and the general contractor division shall
each
director
shall conduct or cause to be conducted an
examination of all qualified applicants, except those exempted from the
examination requirement pursuant to Code Section 43-41-8.
(2)
The
residential
contractor division
director
shall conduct or cause to be conducted separate examinations for applicants for
residential-basic and residential-light commercial licenses for the purpose of
determining a particular applicant's ability to make a practical application of
his or her knowledge of the profession of residential contracting in the
particular subcategory for which a license is sought; the applicant's
qualifications in reading plans and specifications; his or her knowledge of
building codes, estimating costs, construction, ethics, contracting, and other
similar matters pertaining to such residential contracting business; his or her
knowledge as to the responsibilities of a residential contractor to the public
and to owners, subcontractors, and suppliers; and his or her knowledge of the
requirements of the laws of this state relating to residential-basic and
residential light-commercial contractors, construction, workers' compensation,
insurance, and liens.
(3)
The general
contractor division
director
shall conduct or cause to be conducted an examination to ascertain the
particular applicant's ability to make a practical application of his or her
knowledge of the profession of commercial general contracting; the applicant's
qualifications in reading plans and specifications; his or her knowledge of
building codes, estimating costs, construction, ethics, contracting, and other
similar matters pertaining to the general contracting business; his or her
knowledge as to the responsibilities of a general contractor to the public and
to owners, subcontractors, and suppliers; and his or her knowledge of the
requirements of the laws of this state relating to general contractors,
construction, workers' compensation, insurance, surety bonding, and
liens.
(4)
If the results of the applicant's examination are satisfactory to the
appropriate
division
director,
or he or
she
the
applicant is exempted from the examination
requirement under Code Section 43-41-8, and if
he or
she
the
applicant and any affiliated business
organization has met the other qualifications and requirements set forth in this
Code section, then the
appropriate
division
director
shall issue to the applicant a license to engage in business as a residential or
general contractor in this state, as provided in such license, in his or her own
name as a sole proprietor or as a qualifying agent for the affiliated business
organization and in the name of such business organization, pursuant to and in
accordance with the requirements set forth in Code Section 43-41-9. A
residential contracting license shall indicate for which of the two
subcategories, residential-basic or residential-light commercial, the licensee
is qualified.
(g)
Any otherwise qualified applicant failing this examination may be reexamined at
any regularly scheduled examination within one year of the date of original
application upon payment of a reexamination fee, in an amount to be set by the
licensing
board, without need to resubmit an application, unless any information set forth
in the previously submitted application is no longer accurate or complete.
Anyone requesting to take the examination a third or subsequent time shall wait
at least one calendar year after the taking of the last examination and shall
submit an application with the appropriate examination fees.
(h)
A residential contractor license, indicating whether relating to the
residential-basic or residential-light commercial category, or general
contractor license shall be issued to an applicant who successfully completes
the respective requirements therefor upon the payment of fees prescribed by the
licensing
board.
(i)
Such licenses shall be renewable biennially. Licenses may be renewed subsequent
to their expiration within six months of the date of expiration by submitting a
renewal as prescribed by the
licensing
board and paying a late renewal fee as determined by the
licensing
board. After six months has elapsed from the date of expiration, such license
may be reinstated in accordance with the rules and regulations of the
licensing
board.
(j)
The
division
director shall give advance notice to each person holding a license under this
chapter of the date of the expiration of the certificate of registration and the
amount of the fee required for renewal at least one month prior to the
expiration date, but the failure to receive such notice shall not avoid the
expiration of any license not renewed in accordance with this Code
section.
(k)
As a condition of renewal, the
appropriate
division
licensing
board may require licensees to complete
division
licensing
board approved continuing education of not
more than three hours annually for a residential-basic license, six hours
annually for a residential-light commercial license, and eight hours annually
for a general contractor license.
43-41-7.
A
licensed residential contractor and any affiliated entities shall offer a
written warranty in connection with each contract to construct, or superintend
or manage the construction of, any single-family residence where the total value
of the work or activity or the compensation to be received by the contractor for
such activity or work exceeds $2,500.00. The
residential
contractor division
licensing
board shall establish the minimum
requirements of such warranty. The parties to the warranty may agree to submit
any or all disputes arising under the warranty to arbitration. Such agreement
to arbitrate shall be enforceable as provided in Part 1 of Article 1 of Chapter
9 of Title 9, the 'Georgia Arbitration Code.'
43-41-8.
(a)
Notwithstanding any other provision of this chapter to the contrary, the
following persons desiring to qualify for a residential contractor license or a
general contractor license under the provisions of this chapter, either
individually or as a qualifying agent, shall be eligible for issuance of such a
license by the
appropriate
division
director
without examination, provided that such person submits a proper application and
proofs, pays or has paid the required fees, otherwise meets the requirements of
Code Section 43-41-6 for licensure, and is not otherwise in violation of this
chapter:
(1)
Any person who holds a current and valid license to engage in the comparable
category of residential or general contracting issued to him or her by any
governing authority of any political subdivision of this state which requires
passing an examination which is substantially similar to the state examination
for residential or general contractors, provided that such person is a Georgia
resident and citizen, if an individual applying in his or her own behalf, or is
seeking licensure as a qualifying agent for a business organization incorporated
in Georgia or otherwise authorized and certified to transact business in Georgia
with a regular office and place of business in Georgia currently and having had
such office and place of business continuously for the five years immediately
preceding such application; provided, further, that the examination results are
made available to the
appropriate
division
director.
Such application and request for exemption must be submitted within the time
limits set forth in subsection (a) of Code Section 43-41-17;
(2)
Any person who has successfully and efficiently engaged in the comparable
category of residential or general contracting in this state as provided in this
Code section; provided, however, that such person shall be either a resident and
citizen of the State of Georgia or, if applying as a qualifying agent for a
business organization, such business organization shall be either incorporated
in Georgia or is a business organization otherwise authorized and certified to
transact business in Georgia with a regular office and place of business in
Georgia currently and having had such office and place of business continuously
for the five years immediately preceding such application; provided, further,
that such application and request for exemption is submitted within the time
limits set forth in subsection (a) of Code Section 43-41-17. To prove that he
or she has successfully engaged in residential-basic or residential-light
commercial projects, the person shall be required to give evidence of three
successful projects located in Georgia which were successfully completed over
the period of five years immediately prior to the time of application; evidence
of ten successfully completed residential-basic or residential-light commercial
projects located in Georgia over the period of ten years immediately prior to
the time of application; or evidence that he or she has participated in or been
engaged in residential-basic or residential-light commercial construction in a
supervisory or management capacity for seven of the ten years immediately prior
to the time of application. To prove that he or she has successfully engaged in
commercial general contracting, the person submitting the application shall be
required to give evidence of five successful general contracting projects
located in Georgia which were successfully completed over the period of five
years immediately prior to the time of application or evidence of ten successful
general contracting projects located in Georgia which were successfully
completed over the period of ten years immediately prior to the time of
application, such projects having been performed either by such person acting as
an individual or by a business organization in which such individual person was
affiliated by employment or ownership and over which such person had general
oversight and management responsibilities;
(3)
Any person who holds a current and valid license to practice a comparable
category of residential or general contracting issued by another state or
territory of the United States, where either such state or territory has entered
into a reciprocal agreement with the
licensing
board and
divisions for the recognition of
contractor licenses issued in that state or territory, or such application is
pursuant to and in accordance with the regulations and requirements for
reciprocity promulgated by the
divisions
licensing
board in accordance with subsection (b) of
Code Section 43-41-5. Additionally, such application shall meet the following
requirements:
(A)
The criteria for issuance of such license or certification by such other state
or territory, including the requirement to successfully complete an examination,
were substantially equivalent to Georgia's current license
criteria;
(B)
The application requirements and application form submitted to the other state
or territory upon which such license was issued are available for review by the
appropriate
division
director
and the examination results are made available to the
appropriate
division
director;
(C)
The applicant shall demonstrate that he or she meets the qualifications,
requirements, and criteria set forth in subsections (a), (b), (c), and (d) of
Code Section 43-41-6; and
(D)
The applicant is otherwise in compliance with all requirements of this state for
transaction of such business within this state; provided, however, that such
application and request for exemption shall be submitted in accordance with
subsection (a) of Code Section 43-41-17; and
(4)
Any person who holds a current and valid license issued under this chapter to
engage in the comparable category of residential or general contracting
which
and
the license was issued
to him or
her in
their
his or
her capacity either as an individual
licensee or as a qualifying agent for a business organization.
(b)
Any applicant for issuance of a residential contractor or general contractor
license under this title who shall seek exemption from the examination
requirement under this Code
section, on
any basis set forth above, shall have the
burden of establishing to the satisfaction and within the discretion of the
appropriate
division
director
that the requirements for such exemption have been satisfied. The decision of
such
division
the
director as to the satisfaction of the
requirements for such exemption from taking the examination shall, in the
absence of fraud, be conclusive.
(c)
Any business organization that had an applicant submit a complete and
satisfactory application pursuant to this Code section, but was not issued a
license due to the death of the qualifying agent applicant prior to the issuance
of the license, shall remain eligible for consideration under this Code section
with the submission of a new qualifying agent applicant for such business
entity.
43-41-9.
(a)
If an individual applicant proposes to engage in residential or general
contracting in the individual's own name or a trade name where the individual is
doing business as a sole proprietorship, the license shall be issued only to
that individual. Where an applicant under this chapter is seeking issuance of a
residential or general contractor license on behalf and for the benefit of a
business organization seeking to engage in residential or general contracting as
a business organization, the application for a license under this chapter must
be submitted by and through an individual qualifying agent for such business
organization or entity and expressly on behalf of such business organization or
entity. In such case, the license shall be issued to the individual qualifying
agent and to the affiliated business organization or entity on whose behalf the
application was made. It shall be unlawful for any person, firm, corporation,
or association to operate a business organization or entity engaged in the
business of residential or general contracting without first obtaining a license
from the
appropriate
division
director
after the effective date of the licensing requirements as specified in
subsection (a) of Code Section 43-41-17. The
appropriate
division
director
shall not issue a license to any business organization or entity to engage in
residential or general contracting unless such business organization or entity
employs at least one currently licensed individual residential or general
contractor serving as its qualifying agent who is actually engaged by ownership
or employment in the practice of residential or general contracting for such
business organization or entity and provides adequate supervision and is
responsible for the projects of such business organization or entity. A
business organization may allow more than one person to act as a qualifying
agent for such organization, subject to each such individual qualifying agent
having successfully satisfied the requirements for issuance of a license under
this chapter and having obtained issuance of such a license by the
appropriate
division
director.
Each such business organization shall have at least one qualifying agent in
order to be considered authorized to engage in such contracting
business.
(b)
The application for a license by a qualifying agent must include an affidavit on
a form provided by the
licensing
board attesting that the individual applicant has final approval authority for
all construction work performed by the business organization or entity within
the State of Georgia and that the individual applicant has final approval
authority on all construction matters, including contracts and contract
performance and financial affairs related to such construction matters, for each
construction job for which his or her license was used to obtain the building
permit.
(c)
A joint venture is considered a separate and distinct organization for licensing
purposes under this chapter and must be qualified and licensed in accordance
with the
appropriate
division's
licensing
board's rules and regulations
either:
(1)
In its own name as a separate business organization; or
(2)
By each of the members of the joint venture doing business as a residential
contractor or general contractor holding, as an individual or as a business
organization acting through its qualifying agent, a valid and current
residential or general contractor's license issued by the
appropriate
division
director.
Each
such licensed individual or qualifying agent shall be considered a qualifying
agent of such joint venture.
(d)
If, during the period encompassed by a license issued to a qualifying agent
acting for and on behalf of an affiliated business organization, there is a
change in any information that is required to be stated on the application, the
business organization shall, within 45 days after such change occurs, furnish
the correct information to the
appropriate
division
director.
(e)(1)
At least one qualifying agent shall be licensed under this chapter in order for
the business organization to obtain a license as a residential or general
contractor. If any qualifying agent ceases to be affiliated with such business
organization, for any reason, he or she shall so inform the
division
having jurisdiction
director.
In addition, if such qualifying agent is the only qualifying agent licensed
hereunder
under this
chapter affiliated with the business
organization, the business organization shall promptly notify the
appropriate
division
director
of the termination of the relationship with that qualifying agent and shall have
120 days from the termination of the qualifying agent's affiliation with the
business organization to employ another qualifying agent and submit an
application for licensure under the new qualifying agent. The submission of
such application shall serve to maintain the licensed status of the business
organization pending and subject to approval of such application by the
appropriate
division
director;
provided,
however, that, should such application be
denied by
that
division
the
director, then, after passage of the 120
day period, the business organization shall cease to be considered licensed as a
residential or a general contractor unless and until a new application is
submitted and approved by the
appropriate
division
director.
In such circumstance, the affected business organization may not thereafter
engage in residential or general contracting until a new qualifying agent is
employed, unless the
appropriate
division
director
has granted a temporary nonrenewable license to the financially responsible
officer, the president or chief executive officer, a partner, or, in the case of
a limited partnership, the general partner, who thereafter shall assume all
responsibilities of a qualifying agent for the business organization or entity.
This temporary license shall only allow the entity to proceed with incomplete
contracts already in progress. For the purposes of this paragraph, an
incomplete contract is one which has been awarded to, or entered into by, the
business organization prior to the cessation of affiliation of the qualifying
agent with the business organization or one on which the business organization
was the low bidder and the contract is subsequently awarded, regardless of
whether any actual work has commenced under the contract prior to the qualifying
agent ceasing to be affiliated with the business organization.
(2)
A person licensed under this chapter either as an individual doing business in
his or her name or doing business in a trade name as a sole proprietor may serve
as a qualifying agent for a business organization upon application and
demonstration of satisfaction by such business organization of all financial and
insurance requirements pursuant to Code Section 43-41-6. A qualifying agent may
serve in such capacity for more than one business organization, provided that he
or she shall satisfy the criteria for serving in such capacity with regard to
each such business organization. A qualifying agent shall inform the
division
having jurisdiction
director
in writing when he or she proposes to engage in contracting in his or her own
name or in affiliation as a qualifying agent with another business organization,
and he or she or such new business organization shall supply the same
information to the
division
director
as required of applicants under this chapter. Such person shall be deemed to be
a licensed residential or general contractor for the original term of his or her
license for the purpose of engaging in contracting as an individual in his or
her own name, provided that he or she qualified for such license based on his or
her own personal qualifications as to financial responsibility and insurance.
Otherwise, such individual shall be required to submit a new application
demonstrating satisfaction of such financial and insurance requirements in order
to engage in the business of contracting under this chapter as an individual in
his or her own name or doing business as an individual in a trade name as a sole
proprietor or by the business organization he or she desires to qualify in order
to obtain a license for such other business organization, but such person shall
be entitled to continue engaging in the business of residential or general
contracting in accordance with and under his or her previously issued license
unless and until the
appropriate
division
director
determines that the person seeking issuance of the license no longer meets these
requirements.
(3)
Upon a favorable determination by the
division
having jurisdiction
director,
after investigation of the financial responsibility, if applicable, and
insurance of the applicant, the
division
director
shall notify the applicant, whether the applicant was previously approved as an
individual or a qualifying agent, that the applicant is approved, without an
examination, for a new license.
(f)
Disciplinary action and other sanctions provided in this chapter may be
administered against a business organization operating under a license issued
through its licensed qualifying agent or agents in the same manner and on the
same grounds as disciplinary actions or sanctions against an individual or
license holder acting as its qualifying agent under this chapter. The
divisions
or the board
director
may deny the license to a qualifying agent for any business organization if the
qualifying agent or business organization has been involved in past disciplinary
actions or on any grounds for which individual licenses can be
denied.
(g)
Each qualifying agent shall pay the
appropriate
division
director
an amount equal to the original fee for a license applied for on behalf of a new
business organization. If the qualifying agent for a business organization
desires to qualify additional business organizations, the
division
director
shall require him or her to present evidence of the financial responsibility, if
applicable, and insurance of each such organization.
(h)
All qualifying agents for a business organization are jointly and equally
responsible for supervision of all construction related operations of the
business organization, for all field work at all sites, and for financial
matters within the State of Georgia for each construction job for which his or
her license was used to obtain the building permit.
(i)
Any change in the status of a qualifying agent is prospective only. A
qualifying agent shall for purposes of application
of this
chapter and
the,
enforcement,
and disciplinary mechanisms
thereunder
under this
chapter be and remain responsible for his
or her actions or omissions as well as those of the business organization for
which such person had acted as a qualifying agent occurring during his or her
period of service as such qualifying agent as and to the extent set forth in
this chapter. A qualifying agent is not responsible for his or her
predecessor's actions, but is responsible, even after a change in status, for
matters for which he or she was responsible while in a particular status.
Further, nothing in this chapter shall be interpreted as a basis for imposition
of civil liability against an individual qualifying agent by any owner or other
third party claimant beyond the liability that would otherwise exist legally or
contractually apart from and independent of the individual's status as a
qualifying agent.
43-41-10.
(a)
In addition to the powers and authorities conferred upon the
licensing
board and
its divisions
the
director pursuant to Chapter 1 of this
title, the
residential
contractor division and the general contractor
division
director
shall have the
power,
respectively, to reprimand any person or
licensee, or to suspend, revoke, or refuse to grant, renew, or restore a license
to any person or licensee if such person or licensee is found by the
appropriate
division
director
to have engaged in any fraud or deceit in obtaining a license or otherwise to
have engaged in gross negligence, repeated or persistent incompetence,
intentional misconduct in the practice of his or her profession, or willful
violation of any provisions of this chapter.
(b)
For purposes of this Code section, a person or business organization operating
on an expired, revoked, lapsed, or suspended license shall be considered
unlicensed.
(c)
The
separate
divisions
director
may issue a stop-work order for all unlicensed work
falling
within their respective jurisdictions upon
finding probable cause to believe that construction work which requires a
license under this chapter is being performed by a person without such a
current, valid license. Such an order may be enforced by injunctive relief,
cease and desist orders, or other related actions within the power and authority
of the
licensing
board and
its
respective divisions
the
director.
(d)
The
division
having jurisdiction
director
shall investigate and sanction any license holder found to have engaged in
fraud, deceit, gross negligence, repeated or persistent incompetence, or
intentional misconduct in the practice of residential or general contracting;
and sanctions shall be assessed against any such residential or general
contractor licensed under this chapter either individually or as a business
organization acting through a qualifying agent
in compliance
with Code Section 43-1-3.1.
Such
charges, unless dismissed without hearing by the division as unfounded, shall be
heard and determined by that division in accordance with the provisions of
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(e)
The
divisions
licensing
board shall
each
adopt rules
and regulations and
the director
shall publish
such rules and
regulations in print or electronically
rules and
regulations, consistent with the
provisions of this chapter, governing the suspension and revocation of
licenses.
(f)
Each
division
The
director may reissue a license to any
person whose license has been revoked or lift a suspension of a license to such
person
provided
that four or more members of the division vote in favor of such reissuance or
lifting for reasons that division deems
sufficient.
43-41-11.
The
issuance of a license by the
residential
contractor or the general contractor
division
director
shall be evidence that the person named therein, including both the individual
licensee and any business organization for whom such licensee is a qualifying
agent, is entitled to all the rights and privileges of a licensed residential or
general contractor while such license remains unrevoked or
unexpired.
43-41-12.
(a)
Any person, whether an individual or a business organization, who:
(1)
Contracts for or bids upon or engages in the construction of any of the projects
or works enumerated in the definitions of residential contractor or general
contractor in Code Section 43-41-2 without having first complied with the
appropriate provisions of this chapter or who shall attempt to practice
residential contracting or general contracting in this state except as provided
for in this chapter;
(2)
Falsely represents, advertises, or holds himself or herself or an affiliated
business organization out as a residential contractor or general contractor
licensee duly authorized to perform work under such classification of licensure
pursuant to this chapter;
(3)
Represents or attempts to use or presents as his or her own the license of
another person or, in the case of a business organization, a person other than
its qualifying agent;
(4)
Gives false or forged evidence of any kind to the
licensing
board or
its
divisions or to any member of the board
the
director in maintaining a
license;
(5)
Uses an expired, suspended, or revoked license to continue engaging in
residential contracting or general contracting;
(6)
Operates a business organization engaged in contracting after 120 days following
the termination of its only qualifying agent without designating another primary
qualifying agent, except as provided in Code Section 43-41-9; or
(7)
Intentionally and repeatedly misrepresents or manipulates the value or
percentage of work at the time of contract under subsections (e) and (f) of Code
Section 43-41-17 to avoid the licensing requirements of this
chapter,
shall
be guilty of a misdemeanor and shall, upon conviction, be punished for each such
offense by a fine of not less than $500.00 or imprisonment of three months, or
both fine and imprisonment in the discretion of the court.
(b)
Any architect or engineer who recommends to any project owner the award of a
contract to anyone known by such architect or engineer not to be properly
licensed under this chapter shall be subject to such penalties as provided in
subsection (a) of this Code section and also to any appropriate disciplinary
action by the
appropriate
division
director.
(c)
Except as otherwise provided in this Code section, any person who violates any
provision of this chapter shall be guilty of a misdemeanor.
43-41-13.
Whenever
it appears to the
board or
either division of the board
director
that any person, whether an individual or a business organization, or both, is
violating any of the provisions of this chapter or of the rules and regulations
of the
licensing
board or
either division promulgated under this
chapter, the
board or
division
director
may apply to the superior court of the county in which such individual resides
or business is located for a restraining order and injunction to restrain the
violation, and the superior court shall have jurisdiction to grant the requested
relief, irrespective of whether criminal prosecution has been instituted or
administrative sanctions have been imposed by reason of the
violation.
43-41-14.
(a)
Any person, whether an individual or a business organization acting through a
qualifying agent, intending to perform work as a residential or general
contractor, upon making application to the building inspector or such other
authority of any incorporated municipality or county in this state charged with
the duty of issuing building or other permits for contemplated construction work
requiring performance by either a licensed residential contractor or a licensed
general contractor shall, before being entitled to the issuance of such permit,
furnish to such inspector or authority, personally or through his or her
authorized agent specifically designated to act on his or her behalf in a sworn
written document submitted contemporaneously or previously submitted and
maintained by such inspector or authority, his or her residential contractor or
general contractor license number and the identity of any business organization
for which such applicant is serving as qualifying agent that is undertaking or
contracting as a residential contractor or a general contractor to construct or
manage the construction. It shall be unlawful for any such building inspector
or other authority to issue or allow the issuance of such building permit unless
the applicant has furnished his or her residential contractor or general
contractor license number and the identity of any such business organization
relative to performance of the work for which a permit has been applied. A
building inspector or other authority shall issue such building permit under the
terms of this Code section to any person, including an individual licensee
acting on his or her own behalf or a licensee acting as a qualifying agent for a
business organization and such business organization, upon evidence reasonably
establishing that such person is duly licensed as a residential or general
contractor under this chapter, either individually or as a business organization
acting under a duly licensed qualifying agent. Any building inspector or other
such authority that issues a building permit to a person known by such building
inspector or authority not to be properly licensed under this chapter shall be
guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not
more than $500.00.
(b)
The licensing requirements imposed by this chapter and the effective dates of
such licensing requirements must be posted by any county or municipality in this
state charged with the duty of issuing building or other permits for
construction work requiring performance by either a licensed residential
contractor or a licensed general contractor in the same location in which such
building or other permits are issued.
43-41-15.
If
an incomplete contract exists at the time of death of a residential or general
contractor, where the licensed contractor performing the work under such
contract is an individual person and not a business organization acting through
a qualifying agent for such organization, the contract may be completed by any
person affiliated with the contractor as a co-owner, partner, employee,
relative, heir, successor, or assign, even though not licensed under this
chapter, subject to the terms of this Code section. Such person shall notify
the
appropriate
division of the board
director
within 30 days after the death of such contractor of such death and of his or
her name and address, knowledge of the contract, and ability technically and
financially to complete it. Such person may continue with performance of the
contract pending approval by the
division
director.
If the
division
director
approves,
he or she
may
such
person proceed with the contract to
completion. If the
division
director
does not approve completion by such person, due to a determination that he or
she does not have sufficient knowledge, expertise, or financial or other
required resources, the
division
director
shall give prompt written notice to the person, including the reasons for such
rejection, and such person shall promptly upon receipt of such notice cease
further performance of the contract. If the owner engages another person under
a new contract to complete the remaining work under the original contract, such
other party must be a contractor duly licensed under this chapter to perform
such work. For purposes of this Code section, an incomplete contract is one
which has been awarded to or entered into by the contractor before his or her
death or on which he or she was the low bidder and the contract is subsequently
awarded to him or her, regardless of whether any actual work has commenced under
the contract before the contractor's death. If an incomplete contract exists at
the time of death of a sole qualifying agent of a residential contractor or a
general contractor, where the contractor is a business organization licensed
only under such individual as its qualifying agent, then the contractor shall
proceed as provided under paragraph (1) of subsection (e) of Code Section
43-41-9.
43-41-16.
(a)
The
board
director
shall have the
authority,
subject to Code Section 43-1-3.1, to
refuse to grant a license to an applicant or to revoke the license of a person
licensed by the
board
director
or to discipline a person licensed by the
board
director
upon a finding
by a
majority of the board that the applicant
or licensee has committed any of the following acts:
(1)
Obtaining a license by fraud or misrepresentation or otherwise knowingly giving
false or forged evidence to the
licensing
board or
its
divisions
the
director;
(2)
Being convicted or found guilty of or entering a plea of guilty or nolo
contendere to a criminal act constituting a felony in any jurisdiction which
directly relates to the practice of residential or general contracting or the
ability to practice contracting;
(3)
Performing any act which assists a person or entity in the prohibited unlicensed
practice of contracting if the licensee knows or has reasonable grounds to know
that the person or entity is unlicensed;
(4)
Knowingly combining or conspiring with an unlicensed person by allowing his or
her license to be used with the intent to evade the provisions of this chapter.
When an individual license holder allows his or her license to be used to
qualify one or more business organizations, including where such qualifying
agent for a person engaged in general contracting does not actually possess and
exercise the power and authority required of a qualifying agent under paragraph
(7) of Code Section 43-41-2 and Code Section 43-41-9, such act constitutes
prima-facie evidence of an intent to evade the provisions of this
chapter;
(5)
Failing in any material respect to comply with the provisions of this chapter or
violating a rule, regulation, or lawful order of the
licensing
board or
its
divisions
the
director;
(6)
Abandoning a construction project in which the contractor who is the individual
license holder or a business organization for whom the license holder is a
qualifying agent is engaged or under contract as a residential or general
contractor. A project may be presumed abandoned after 90 days if the contractor
has ceased work on or terminated performance on the project without just cause
and without proper notification to the owner, including the reason for the
termination, cessation, or abandonment;
(7)
Signing a statement with respect to a project or contract falsely indicating
that the work is bonded; knowingly and falsely indicating by written statement
issued to the owner that payment has been made for all subcontracted work,
labor, and materials and for all materials furnished and installed which
statement is reasonably relied upon and actually results in a financial loss to
the owner; or falsely indicating that workers' compensation and general
liability insurance are provided;
(8)
Committing fraud or deceit in the practice of contracting, including falsely
advertising, representing, or holding himself or herself or an affiliated
business organization out as having a valid and current license under this
chapter;
(9)
Committing gross negligence, repeated or persistent negligence, or negligence
resulting in a significant danger to life or property;
(10)
Proceeding on any job without obtaining applicable local building permits and
inspections;
(11)
Using or attempting to use a license that has expired or has been suspended or
revoked;
(12)
Knowingly or intentionally engaging any subcontractor to perform work within the
scope of the general or residential construction contract which requires a
license under Chapter 14 of this title who does not possess a current and valid
license for such work; or
(13)
Failing to satisfy within a reasonable time the terms of a final civil judgment
obtained against the licensee or the business organization qualified by the
licensee relating to the practice of the licensee's profession.
(b)
The
appropriate
division
director
may take any one or more of the following actions against any license holder
found by the
division
director
to have committed any one or more of the acts listed in subsection (a) of this
Code section:
(1)
Place the license holder on probation or reprimand the license
holder;
(2)
Revoke a license, including the license of a person as an individual as well as
that of a qualifying agent of a business organization together with the interest
of the business organization qualified thereby in such license; suspend such a
license for a stated period of time not exceeding one year; or deny the issuance
or renewal of the license;
(3)
Require financial restitution to a consumer for financial harm directly related
to a violation of a provision of this chapter;
(4)
Impose an administrative fine not to exceed $5,000.00 for each
violation;
(5)
Require continuing education; or
(6)
Assess costs associated with the investigation and prosecution.
(c)
In determining penalties in any final order of the
board or a
division
director,
the board
or division
director
shall follow the penalty guidelines established by the
licensing
board's or
division's rules and
regulations.
(d)
The board
or a division
director
may assess interest or penalties on all fines imposed under this chapter against
any person or business organization which has not paid the imposed fine by the
due date established by rule, regulation, or final order.
(e)
If the
board or a
division
director
finds any contractor has violated the provisions of this chapter, the
board or
division
director
may as a part of
its
disciplinary action require such contractor to obtain continuing education in
the areas of contracting affected by such violation.
43-41-17.
(a)
The licensing requirements imposed by this chapter and the sanctions and
consequences relating thereto shall not become effective and enforceable until
July 1, 2008. On and after such date, no person, whether an individual or a
business organization, shall have the right to engage in the business of
residential contracting or general contracting without a current, valid
residential contractor license or general contractor license, respectively,
issued by the
division
director
under this chapter or, in the case of a business organization, unless such
business organization shall have a qualifying agent as provided in this chapter
holding such a current, valid residential contractor or general contractor
license on behalf of such organization issued to such qualifying agent as
provided in this chapter. Notwithstanding the foregoing, persons seeking
licensure under this chapter and exemption from examination under paragraphs (1)
and (2) of subsection (a) of Code Section 43-41-8 shall submit their
applications, including all necessary proof of the basis of exemption from
examination for such license, starting January 1, 2006. The period for
submission of such applications and requests for exemption from the examination
requirements shall extend thereafter for a period of 18 months. Furthermore,
notwithstanding the foregoing, any person seeking licensure under this chapter
and exemption from examination under paragraph (3) of subsection (a) of Code
Section 43-41-8 may submit his or her application, including all necessary proof
of the basis of such exemption starting January 1, 2007, and continuing
thereafter.
(b)
As a matter of public policy, any contract entered into on or after July 1,
2008, for the performance of work for which a residential contractor or general
contractor license is required by this chapter and not otherwise exempted under
this chapter and which is between an owner and a contractor who does not have a
valid and current license required for such work in accordance with this chapter
shall be unenforceable in law or in equity by the unlicensed contractor. For
purposes of this subsection, a contractor shall be considered unlicensed only if
the contractor was unlicensed on the effective date of the original contract for
the work, if stated therein, or, if not stated, the date the last party to the
contract executed such contract, if stated therein. If the contract does not
establish such a date, the contractor shall be considered unlicensed only if the
contractor was unlicensed on the first date upon which the contractor provided
labor, services, or materials under the contract. Notwithstanding any other
provision of law to the contrary, if a contract is rendered unenforceable under
this subsection, no lien or bond claim shall exist in favor of the unlicensed
contractor for any labor, services, or materials provided under the contract or
any amendment thereto. This subsection shall not affect the rights of parties
other than the unlicensed contractor to enforce contract, lien, or bond
remedies. This subsection shall not affect the obligations of a surety that has
provided a bond on behalf of an unlicensed contractor. It shall not be a
defense to any claim on a bond or indemnity agreement that the principal or
indemnitor is unlicensed for purposes of this subsection.
(c)
Any person who holds a license issued under this chapter may engage in the
business of residential or general contracting, but only as prescribed by the
license, throughout the state and no municipality or county may require any such
person licensed under this chapter to comply with any additional licensing
requirements imposed by such municipality or county relative to the performance
of construction work subject to the licensing requirements under this chapter.
However, nothing in this chapter shall preclude the implementation and
enforcement by any municipality or county of a local rule, regulation,
ordinance, order, or other requirement in effect and operation as of July 1,
2004, that requires a person to obtain a locally issued license, registration,
or certification in order to:
(1)
Engage in the construction of improvements to real property to the extent such
activities are not encompassed by this chapter or by Chapter 14 of this title;
or
(2)
Engage in residential or general contracting within such jurisdiction; provided,
however, that:
(A)
The requirements and criteria for issuance of such local license, registration,
or certification shall have been at least as strict and
stringent,
in the sole judgment of the board, as
those for the issuance of a corresponding state-wide license issued under this
chapter;
(B)
Such local license, registration, or certification shall only apply to
activities performed within the geographical limits of such municipality or
county; and
(C)
Such requirement shall not prevent or foreclose any contractor not holding such
local license, registration, or certification but holding a valid and current
state-wide license issued under this chapter or Chapter 14 of this title from
the transaction of contracting business in such local jurisdiction within the
scope of his or her state-wide license.
(d)
Any person qualified by the Department of Transportation to perform construction
work on roads, streets, bridges, highways, sidewalks, or other grading, paving,
or repaving projects; airport runways or taxiways; or railroads, and services
incidental thereto, for the department shall not be required to be licensed
under this chapter in order to perform any such work for the department or for
any other owner requiring similar work to be performed. The
general
contractor division of the
licensing
board, in agreement with the Department of Transportation, shall, by rule,
define 'services incidental thereto' for the purposes of this subsection only
and shall likewise define any other necessary terms as to the scope of the
exemption provided by this subsection.
(e)
Nothing in this chapter shall prevent any person holding a valid license issued
by the
State
Construction Industry Licensing Board, or any division
thereof
director,
pursuant to Chapter 14 of this title from performing any work defined in the
Code sections under which the license held by
said
such
person was issued. Furthermore, nothing in this chapter shall preclude a person
licensed under Chapter 14 of this title to perform plumbing, conditioned air
contracting, utility contracting, electrical contracting, or low-voltage
contracting from offering to perform, performing, engaging in, or contracting to
engage in the performance of construction work or services directly with an
owner,
which
work
would otherwise require a license under this chapter, where the total scope of
the work to be performed is predominantly of the type for which such contractor
is duly licensed to perform under Chapter 14 of this title such that any other
work involved is incidental to and an integral part of the work performed within
the scope of such license under said chapter and does not exceed the greater of
$10,000.00 or 25 percent of the total value at the time of contracting of the
work to be performed; provided, however, that such contractor may not delegate
or assign the responsibility to directly supervise and manage the performance of
such other work to a person unless such person is licensed under this chapter
and the work being performed by such person is within the scope of that person's
license.
(f)
Nothing in this chapter shall preclude a specialty contractor from offering or
contracting to perform or undertaking or performing for an owner limited,
specialty, or specific trade contractor work. However, nothing in this chapter
shall permit a specialty contractor to perform work falling within the licensing
requirements of Chapter 14 of this title where such specialty contractor is not
duly licensed under such chapter to perform such work. The
licensing
board shall by rule or policy
by January
1, 2008, identify specialty contractors or
other criteria to determine eligibility under the exemption of this subsection.
The specialty contractor otherwise exempted from license requirements under this
chapter may perform work for an owner that would otherwise require a license
under this chapter where the total scope of the work to be performed is
predominantly of the type for which such specialty contractor is duly recognized
as exempt under this subsection by the
licensing
board, provided that such other work involved is incidental to and an integral
part of the exempt work performed by the specialty contractor and does not
exceed the greater of $10,000.00 or 25 percent of the total value at the time of
contracting of the work to be performed.
(g)
Nothing in this chapter shall preclude a person from offering or contracting to
perform or undertaking or performing for an owner repair work, provided that the
person performing the repair work discloses to the owner that such person does
not hold a license under this chapter and provided, further, that such work does
not affect the structural integrity of the real property. The
licensing
board shall by rule or regulation further define the term 'repair' as used in
this subsection and any other necessary terms as to the scope of this
exemption.
(h)
Nothing in this chapter shall preclude any person from constructing a building
or structure on real property owned by such person which is intended upon
completion for use or occupancy solely by that person and his or her family,
firm, or corporation and its employees, and not for use by the general public
and not offered for sale or lease. In so doing, such person may act as his or
her own contractor personally providing direct supervision and management of all
work not performed by licensed contractors. However, if, under this subsection,
the person or his or her family, firm, or corporation has previously sold or
transferred a building or structure which had been constructed by such person
acting without a licensed residential or general contractor within the prior 24
month period, starting from the date on which a certificate of occupancy was
issued for such building or structure, then such person may not, under this
subsection, construct another separate building or structure without having
first obtained on his or her own behalf an appropriate residential or general
contractor license or having engaged such a duly licensed contractor to perform
such work to the extent required under this chapter, or it shall be presumed
that the person, firm, or corporation did not intend such building solely for
occupancy by that person and his or her family, firm, or corporation. Further,
such person may not delegate the responsibility to directly supervise and manage
all or any part of the work relating thereto to any other person unless that
person is licensed under this chapter and the work being performed is within the
scope of that person's license. In any event, however, all such work must be
done in conformity with all other applicable provisions of this title, the rules
and regulations of the
licensing
board and
division involved, and any applicable
county or municipal resolutions, ordinances, codes, permitting, or inspection
requirements.
(i)
Nothing in this chapter shall preclude an architect
licensed
registered
pursuant to Chapter 4 of this title, an interior designer registered pursuant to
Chapter 4 of this title, or an engineer registered pursuant to Chapter 15 of
this title from performing work or providing services within the scope of his or
her registration for the practice of
architecture,
or
interior
design,
or license
for practicing engineering.
(j)
Nothing in this chapter shall preclude an architect
licensed
registered
pursuant to Chapter 4 of this title, an interior designer registered pursuant to
Chapter 4 of this title, or an engineer registered pursuant to Chapter 15 of
this title from offering to perform or offering or rendering design-build
services to an owner; provided, however, that such offer or contract shall
clearly indicate at the time of such offer or contract that all services of a
general contractor incident to the design-build performance shall be performed
by a duly licensed general contractor in compliance with other provisions of
this chapter and that all services so offered or provided falling within the
scope of the licensing requirements of this chapter are offered and rendered by
a licensed general contractor in accordance with this chapter.
(k)
Nothing in this chapter shall apply to the construction, alteration, or repair
of buildings classified as an agricultural occupancy or that are used for
agricultural storage or agricultural purposes.
(l)
A contractor licensed under this chapter shall not be required to list on the
face of a bid or proposal envelope the license number of any contractor licensed
under Chapter 14 of this title that may or will be engaged to perform any work
within the licensing requirements of Chapter 14 of this title which comprises
part of the work for which such bid or proposal is submitted.
(m)
Dams, including both earth dams and concrete dams, designed for electrical
generation, water storage, or any other purpose may be constructed by either a
general contractor licensed under this chapter or by a utility contractor
licensed pursuant to Chapter 14 of this title.
(n)
Nothing in this chapter shall apply to the construction or installation of
manufactured homes as defined in paragraph (4) of Code Section
8-2-131."
SECTION
1-37.
Said
title is further amended by revising Chapter 44, relating to speech-language
pathologists and audiologists, as follows:
"CHAPTER
44
43-44-1.
This
chapter shall be known and may be cited as the 'Georgia State Speech-Language
Pathology and Audiology Licensing Act.'
43-44-2.
It
is declared to be a policy of this state that in order to safeguard the public
health, safety, and welfare and to protect the public from being misled by
incompetent, unscrupulous, and unauthorized persons, it is necessary to provide
regulatory authority over persons offering speech-language pathology and
audiology services to the public.
43-44-3.
As
used in this chapter, the term:
(1)
'Accredited program' means a program leading to the award of a degree in
speech-language pathology or audiology that is accredited by an organization
recognized for that purpose by the United States Department of Education or its
successor and adopted by rule or regulation of the
licensing
board.
(2)
'Audiogram' means a graphic or tabular summary of the measurements of hearing,
showing a person's hearing threshold levels for pure tones.
(3)
'Audiologist' means a person who has a degree in audiology, who is licensed to
practice audiology, or both and who presents himself or herself to the public by
any title or description of services incorporating the words audiologist,
hearing clinician, hearing therapist, or any variation or synonym which
expresses, employs, or implies these terms or functions.
(4)
'Audiology assistant' means any person who assists in the providing of those
audiology services authorized by the
board
director,
who meets the minimum requirements established by the
State Board
of Examiners for Speech-Language Pathology and
Audiology
licensing
board, and who works under the supervision
of a licensed audiologist.
(5)
'Board' means the State Board of Examiners for Speech-Language Pathology and
Audiology, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(5.1)
'Director' means the director of professional licensing.
(6)
'Dispensing hearing aids' means providing hearing aids to a consumer by sale,
rental, lease, or otherwise, and includes without being limited to conducting
testing and other procedures to determine suitability for use of a hearing aid,
to determine hearing aid characteristics which properly compensate the hearing
condition, to select suitable hearing aids, to fit hearing aids to the subject,
and to counsel and instruct in the use thereof.
(7)
'Hearing aid' means any wearable electronic instrument or device, including an
assistive hearing device, designed for or represented or offered for the purpose
of compensating for defective human hearing, including parts, attachments, ear
molds, and accessories, except batteries.
(8)
'License' means any license issued by the
board
director
to practice speech-language pathology or audiology.
(9)
'Licensee' means any person licensed to practice speech-language pathology,
audiology, or both pursuant to this chapter, but does not include the holder of
a provisional license.
(9.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(10)
'Person' means a natural person.
(11)
'Preceptor' means any person who is licensed and has the responsibility of
supervising or overseeing the training or activities of assistants, students,
externs, provisional license holders, and others providing speech-language
pathology or audiology services without full licenses.
(12)
'Provisional license' means any temporary license issued by the
board
director
pursuant to standards and procedures determined by the
licensing
board. Except for a provisional license granted pursuant to paragraph
(8)(3)
of subsection
(a)(b)
of Code Section 43-44-6, a provisional license shall not be granted for a total
period of time to exceed one year.
(13)
'Speech-language pathologist' means a person who practices speech-language
pathology and who presents himself or herself to the public by any title or
description of services incorporating the words speech-language pathologist,
speech therapist, speech correctionist, speech clinician, language pathologist,
language therapist, logopedist, communicologist, voice therapist, voice
pathologist, or any similar title or description of service.
(14)
'Speech-language pathology aide' means any person who aids in the providing of
those speech-language pathology services authorized by the
board
director,
who meets the minimum requirements established by the
State Board
of Examiners for Speech-Language Pathology and
Audiology
licensing
board, and who works directly under the
supervision of a licensed speech-language pathologist.
(15)
'The practice of audiology' means the application of principles, methods, and
procedures of identification of hearing loss, measurement, testing, evaluation,
case management, prediction, prevention, consultation, counseling, instruction,
and research related to hearing, hearing disorders, and auditory and vestibular
function and dysfunction; intervention as related to such principles, methods,
and procedures; interpretation of the results of such principles, methods, and
procedures; the evaluation, recommendations, fitting, and dispensing of hearing
aids, frequency modulation technologies, and other assistive devices designed to
ameliorate the effects of a hearing disorder; the programming of cochlear
implants and other implantable devices; and the planning, directing, conducting,
and participating in hearing conservation programs and programs of habilitation,
rehabilitation, and intervention for disorders of hearing, auditory function and
processing, and vestibular function, including but not limited to auditory
training, speechreading, and vestibular rehabilitation, which vestibular
function and rehabilitation the audiologist is qualified to perform by virtue of
education, training, and experience.
(16)
'The practice of speech-language pathology' means the application of principles,
methods, and procedures for the measurement, testing, evaluation, prediction,
consultation, counseling, instruction, intervention, research, habilitation, or
rehabilitation related to the development and disorders of speech or language
including but not limited to voice, resonance, fluency, cognition, and
swallowing for the purpose of evaluating, preventing, ameliorating, modifying,
or otherwise treating such disorders and conditions in individuals or groups of
individuals.
43-44-4.
(a)
The State Board of Examiners for Speech Pathology and Audiology existing on June
30, 1987, is abolished and there is created beginning July 1, 1987, and
continuing thereafter the State Board of Examiners for Speech-Language Pathology
and Audiology
as a
professional licensing policy board which
shall succeed to all of that abolished board's powers, duties, and
responsibilities which are not inconsistent with this chapter and which
new
board shall be composed of those members
of the abolished board serving as such on June 30, 1987,
which
members
who
shall serve out their respective terms of office and until their respective
successors are appointed and qualified pursuant to this Code section.
The board
created by this Code section shall administer this
chapter. The board shall consist of eight
members who shall be appointed by the Governor and shall be confirmed by the
Senate. Three of the members shall be licensed speech-language pathologists and
three shall be licensed audiologists, all of whom shall have been engaged in
rendering services to the public, teaching, or research in speech-language
pathology or audiology for a period of at least three years immediately
preceding their appointments. One member shall be a board certified
otolaryngologist of this state. One member shall be a lay person representing
the public. All members shall be residents of this state and shall have been
residents of this state for at least one year prior to their
appointments.
(b)
Appointments by the Governor may be made from lists of names submitted by the
Georgia Speech-Language-Hearing Association, Georgia Organization for
School-Based Speech-Language Pathologists, Georgia Academy of Audiology, and the
Georgia Society of Otolaryngology Head and Neck Surgery or other interested
persons. Board members shall be appointed for a period of three years and until
their respective successors are appointed and qualified. No member of the board
may serve more than two consecutive full terms.
(c)
Members of the board shall serve until the expiration of the terms for which
they have been appointed and until their respective successors are appointed and
qualified. When a vacancy upon the board occurs, the Governor shall appoint,
pursuant to this Code section, a successor to fill the unexpired
term.
(d)
The Governor may remove any member of the board for dishonorable conduct,
incompetency, or neglect of duty.
(e)
No member of the board shall be liable to civil action for any act performed in
good faith in performance of the member's duties as prescribed by
law.
43-44-5.
The
board shall hold a regular annual meeting at which it shall elect from its
membership a chairperson and vice chairperson. In addition to its annual
meeting, the board shall hold such other meetings as are necessary for the
performance of its duties under this chapter
as approved by
the director. The members of the board
shall be reimbursed as provided for in subsection (f) of Code Section
43-1-2.
43-44-6.
(a)
The
licensing
board shall:
(1)
Have the
responsibility and duty of administering and enforcing this chapter and shall
assist the division director in carrying out this chapter;
(2)
Have the power to establish and to revise the requirements for obtaining
licensure or the renewal of licensure;
(3)(2)
Make all rules, not inconsistent with this chapter, that are reasonably
necessary for the conduct of its duties and proceedings;
(3)
Establish fees;
(4)
Establish requirements for continuing professional education of persons subject
to this chapter by appropriate regulation;
(5)
Conduct hearings upon the petition of any person who is aggrieved or adversely
affected by an order or action of the director, which shall be conducted by the
licensing board in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act'; and
(4)(6)
Adopt rules and regulations relating to professional conduct commensurate with
the policy of this chapter, including, but not limited to, regulations which
establish ethical standards of practice and for other purposes. Following their
adoption, such rules and regulations consistent with this chapter shall govern
and control the professional conduct of every person who holds a license to
practice under this chapter;
(b)
The director shall:
(5)(1)
Conduct
hearings and keep
Keep
records and minutes as are necessary to the orderly dispatch of its
functions;
(6)
Adopt a common seal;
(7)(2)
Register and otherwise regulate qualified speech-language pathology aides and
audiology assistants. The provisions of this paragraph shall not apply to any
student, intern, or trainee performing speech-language pathology or audiology
services while completing the supervised clinical experience;
(8)(3)
Issue provisional licenses to speech-language pathologists during the paid
clinical experience;
(9)(4)
Issue, renew, and reinstate licenses;
(10)(5)
Deny, suspend, revoke, or otherwise sanction licenses;
(11)(6)
Accept results of qualifying examinations, administer examinations, or contract
with qualified testing services to conduct or supervise
examinations;
(7)
Have the responsibility and duty of administering and enforcing this chapter;
and
(8)
Enter orders or take other action consistent with this chapter, which shall be
entered in compliance with Code Section 43-1-3.1.
(12)
Establish fees; and
(13)
Establish requirements for continuing professional education of persons subject
to this chapter by appropriate regulation.
(b)
The division director shall be guided by the recommendations of the board in all
matters relating to this chapter.
43-44-7.
(a)
No person shall practice or hold himself or herself out as being able to
practice speech-language pathology or audiology in this state unless that person
is licensed in accordance with this chapter. Nothing in this chapter, however,
shall be construed so as to prevent a person licensed under any other law of
this state from operating within the scope of that person's
license.
(b)(1)
Licensure is not required of a speech-language pathologist certified by the
Department of Education or Professional Standards Commission or successor agency
while that person is working as an employee of a public educational institution,
serving any grade or grades from pre-kindergarten through grade 12, provided
that no fees are charged for the services either directly or through a third
party, except for Medicaid.
(2)
Registration as a speech-language pathology aide is not required of a public
education communication aide while that person is working as an employee of an
educational institution, provided that no fees are charged for the services
either directly or through a third party.
(c)
Nothing in this chapter shall be construed to prevent participation by a
student, intern, or fellow in supervised clinical services which are directly
related to meeting the qualifications for licensure as stipulated by this
chapter.
(d)
Licensees shall conspicuously post their speech-language pathology or audiology
license at all times in their principal office or place of
business.
(e)
Nothing in this chapter shall be construed to entitle any person licensed under
this chapter to engage in the practice of selling and dispensing hearing aids
unless such person is licensed as an audiologist under this
chapter.
(f)
Nothing in this chapter shall be construed to limit in any way the rights of
hearing aid dealers or dispensers licensed under the laws of this
state.
(g)
Nothing in this chapter shall be construed to restrict hearing testing or any
other act by a physician licensed under Chapter 34 of this title operating
within the scope of his or her license or the performing of hearing testing by
persons acting under the supervision of a licensed physician, provided that the
physician shall be on the premises while such acts are being
performed.
(h)
A person who is not licensed as an audiologist may perform nondiagnostic
electro-physiologic screening of the auditory system, using otoacoustic
emissions or auditory brainstem response technology, as part of a planned and
organized screening effort for the initial identification of communication
disorders in infants under the age of three months, provided that:
(1)
The person not licensed as an audiologist has completed a procedure specific
training program directed by an audiologist licensed under this
chapter;
(2)
The screening equipment and protocol used are fully automated and the protocol
is not accessible for alteration or adjustment by the person not licensed as an
audiologist;
(3)
The results of the screening are determined automatically by the programmed test
equipment, without discretionary judgment by the person not licensed as an
audiologist, and are only reported as 'pass or fail' or 'pass or
refer';
(4)
An audiologist licensed under this chapter is responsible for the training of
the person not licensed as an audiologist, the selection of the screening
program protocol, the determination of administration guidelines, the periodic
monitoring of the performance of the person not licensed as an audiologist, and
the screening program results; and
(5)
The participation of the person not licensed as an audiologist in such an
automated screening program is limited to the recording of patient demographic
information; the application of earphones, electrodes, and other necessary
devices; the initiation of the test; the recording of the results; and the
arrangement of the referral for those who do not pass the screening to an
audiologist licensed under this chapter for follow-up evaluation.
(i)(1)
Any person in this state or physically located in another state or foreign
country who, using telecommunications and information technologies through which
speech-language pathology information and auditory-vestibular system information
or data is transmitted, performs an act that is part of a patient care service
located in this state, including but not limited to any measures of
speech-language pathology or auditory-vestibular system function or hearing
instrument selection, fitting, or dispensing that would affect the diagnosis or
treatment of the patient is engaged in the practice of speech-language pathology
or audiology in this state. Any person who performs such acts through such
means shall be required to have a license to practice speech-language pathology
or audiology in this state and shall be subject to regulation by the
licensing
board. No such out-of-state or foreign practitioner shall have ultimate
authority over the speech-language or auditory-vestibular system health care of
a patient who is located in this state. Any such practitioner in this state,
another state, or a foreign country shall abide by the rules of the
licensing
board.
(2)
This subsection shall not apply to:
(A)
The acts of a speech-language pathologist or an audiologist located in another
state or foreign country who provides consultation services at the request of a
speech-language pathologist or an audiologist licensed in this
state;
(B)
The acts of a speech-language pathologist or an audiologist licensed in another
state or foreign country who:
(i)
Provides consultation services without compensation, remuneration, or other
expectation thereof and without altering, adjusting, or manipulating hearing aid
device controls; or
(ii)
Provides consultation services to a graduate school located in this state and
approved by the
licensing
board; or
(C)
The acts of a speech-language pathologist or an audiologist located in another
state or foreign country when invited as a guest of any graduate school or
institution of higher learning approved by the
licensing
board, state, or national accrediting body or component thereof, for the sole
purpose of engaging in professional education through lectures, clinics, or
demonstrations.
(3)
This Code section shall not be construed to alter the scope of practice of any
health care provider or authorize the delivery of health care services in a
setting or in a manner not otherwise authorized by the laws of this
state.
(4)
All persons subject to the provisions of this Code section shall be required to
comply with all applicable requirements of the laws of this state relating to
the maintenance of patient records and the confidentiality of patient
information, regardless of where such speech-language pathologist or audiologist
may be located and regardless of where or how the records of any patient located
in this state are maintained.
43-44-8.
(a)
To be eligible for licensure by the
board
director
as a speech-language pathologist or as an audiologist, the applicant shall
have:
(1)
Completed the academic and clinical requirements as established by rule of the
licensing
board;
(2)
Completed the professional experience requirement. Every applicant for
licensure as a speech-language pathologist or audiologist shall demonstrate,
prior to licensure, full-time or equivalent part-time professional employment,
as determined by the
board
director.
The
licensing
board, by rule, shall establish standards for obtaining and verifying the
required professional employment experience;
(3)
Passed an examination or examinations approved by the
licensing
board. Each applicant for licensure as a speech-language pathologist or
audiologist shall make application for examination as provided by the
licensing
board;
(4)
Demonstrated good moral character; and
(5)
Demonstrated recency of study through experience, continuing education, or both,
as approved by the
licensing
board.
(b)
To be eligible for licensure by the
board
director
as a speech-language pathologist, the applicant shall possess a master's or
higher degree with a major emphasis in speech-language pathology from an
accredited
program,
which incorporates the academic course work and the minimum hours of supervised
graduate training required by the rules and regulations of the
licensing
board.
(c)
To be eligible for licensure by the
board
director
as an audiologist:
(1)
Effective January 1, 2007, the applicant shall have earned a doctoral degree in
audiology or completed the academic requirement of a doctoral degree program
with a major emphasis in audiology from an institution of higher learning that
is, or at the time the applicant was enrolled and graduated was, accredited by
an accrediting agency recognized by the United States Department of Education or
its successor organization; or
(2)
The applicant shall have earned a master's degree with a major emphasis in
audiology which was conferred before January 1, 2007, from an institution of
higher learning which was, at the time the applicant was enrolled and graduated,
accredited by an accrediting agency recognized by the United States Department
of Education or its successor organization.
(d)
Any speech-language pathology or audiology applicant who graduated from or is
currently enrolled in a program at a university or college outside the United
States or Canada shall:
(1)
Present documentation of the determination of equivalency to standards
established by the United States Department of Education or its successor
organization in order to qualify; and
(2)
Have completed the academic and clinical requirements established by rule of the
licensing
board.
The
board
director
may waive the education, practicum, and professional employment experience
requirements for an applicant who received a professional education in another
country if the
board
director
is satisfied that the applicant meets equivalent education and practicum
requirements, passes the approved examination in the area of the license sought,
and meets other requirements established by rule of the
licensing
board.
(e)
Notwithstanding any other provision of this chapter, any person who has been
issued a license by the
State Board
of Examiners for Speech Pathology and
Audiology
director
to practice as a speech pathologist or an audiologist and whose license was
valid on June 30, 2006, shall not be required to comply with the provisions of
subsections (a), (b), (c), and (d) of this Code section. Such person shall
continue to be licensed in that person's respective field and shall have his or
her license renewed if he or she complies with the other provisions of this
chapter, including but not limited to any continuing education requirement
established by the
licensing
board for license renewal.
(f)
The
licensing
board, by rule, shall establish requirements for the renewal of a license. A
license may not exceed the time allowed by rule of the
licensing
board.
43-44-9.
(a)
The
board
director
may, in
its
his or
her discretion, upon payment of fees,
grant a license without examination to applicants who present proof of current
licensure in a state or country whose requirements for licensure are
substantially equivalent to those of this chapter.
(b)
The
board
director
may, in
its
his or
her discretion, upon payment of fees,
grant a license without examination to those who hold the Certificate of
Clinical Competence of the American Speech-Language and Hearing Association in
the area for which they are applying for licensure, or to those who hold
certification of the American Board of Audiology, provided the applicant
otherwise meets the eligibility requirements as defined in Code Section
43-44-8.
43-44-10.
An
applicant who meets the requirements for licensure as provided by this chapter
and has paid the requisite fee or fees shall be licensed by the
board
director
as a speech-language pathologist, audiologist, or both.
43-44-11.
(a)
The
board
director
shall issue a certificate to each person
whom it
licenses
licensed
as a speech-language pathologist, audiologist, or both. Licensure shall be
granted independently in either speech-language pathology or audiology.
Qualified applicants may be independently licensed in both areas.
(b)
The
licensing
board may establish, through rules and regulations, a mechanism to provide for
provisional and inactive status licenses to applicants.
(c)
The
board
director
may, in
its
his or
her discretion, upon payment of fees,
grant a provisional license to an applicant who has satisfied the requirements
of paragraph (1) of subsection (b) or paragraph (1) or (2) of subsection (c) of
Code Section 43-44-8 and who is engaged in a paid clinical experience. Such
provisional license shall be valid for one year and subject to renewal for only
one additional year. A person holding a provisional license shall be subject to
the same disciplinary action as a person holding a full license.
(d)
All licenses shall be renewed biennially. Expiration, renewal, and penalty
dates and provisions shall be as established by the
board
director
in accordance with Code Section 43-1-4.
43-44-12.
Licensees
may advertise their services, but such advertising shall be subject to
regulation by the
licensing
board.
43-44-13.
The
investigatory authority and disciplinary authority of the
board
director
shall be as provided in Code Section 43-1-19.
43-44-14.
Chapter
13 of Title 50, the 'Georgia Administrative Procedure Act,' applies to and
governs all administrative action taken by the
board.
Any order or
administrative action of the director made pursuant to this chapter shall be
made in compliance with Code Section 43-1-3.1.
43-44-15.
Nothing
contained in any other law shall prevent a person who is qualified under this
chapter from engaging in the practice for which he or she is licensed under this
chapter.
43-44-16.
Any
person who practices speech-language pathology or audiology or who offers or
pretends to practice or holds himself or herself out as eligible to practice
speech-language pathology or audiology and who is not legally registered or
licensed under this chapter shall be guilty of a misdemeanor. Each day or
fraction of a day that such person practices in violation of this chapter shall
constitute a separate offense.
43-44-17.
Nothing
contained in this chapter shall limit or affect the activities of any employer
or any person acting on behalf of any employer under the provisions of the
Occupational Safety and Health Act of 1970 or any standard promulgated pursuant
to
said
such
act, including, without limitation, the performance of hearing tests by a
technician as part of a workplace hearing conservation program, provided that
the technician who performs audiometric tests shall be responsible to a licensed
audiologist or physician."
SECTION
1-38.
Said
title is further amended by revising Chapter 47, relating to used motor vehicle
and used motor vehicle parts dealers, as follows:
"CHAPTER
47
43-47-1.
This
chapter shall be known and may be cited as the 'Used Motor Vehicle Dealers' and
Used Motor Vehicle Parts Dealers' Registration Act.'
43-47-2.
As
used in this chapter, the term:
(1)
'Board' means the State Board of Registration of Used Motor Vehicle Dealers and
Used Motor Vehicle Parts
Dealers, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(1.1)
'Director' means the director of professional licensing.
(2)
'Dismantler' means any person, partnership, limited liability company, firm, or
corporation engaged in the business of acquiring wrecked, abandoned, or
reparable motor vehicles and selling either the usable parts, the motor vehicle
as a unit, or the hulk of the motor vehicle after the usable parts have been
removed. Without limiting any of the foregoing, for the purposes of this
chapter, a person, partnership, limited liability company, firm, or corporation
shall be presumed to be engaged in the business of auto dismantling if he, she,
or it possesses ten or more inoperative motor vehicles for more than 45 days
unless such vehicles are scrap vehicles being held by a scrap metal processor
for recycling scrap metal, vehicles awaiting repairs being held by a repair
business, or vehicles being held for other reasons as may be prescribed by the
licensing
board.
(3)
'Established place of business' means a salesroom or sales office in a building
or on an open lot of a retail used car dealership or at which a permanent
business of bartering, trading, offering, displaying, selling, buying,
dismantling, or rebuilding wrecked or used motor vehicles or parts is carried
on, or the place at which the books, records, and files necessary to conduct
such business are kept. Each such place of business shall be furnished with a
working telephone listed in the name of the licensee for use in conducting the
business and shall be marked by an appropriate permanent sign as prescribed by
the
appropriate
division under this chapter
director.
(4)
'Financial institution' means a finance company or a banking institution or any
subsidiary of a finance company or banking institution which engages solely in
the financing or leasing of motor vehicles. Such term shall not mean a
pawnbroker as such term is defined in Code Section 44-12-130.
(5)
'Licensee' means any person who is required to be licensed or who is actually
licensed under this chapter.
(5.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(6)
'Major component part' means one of the subassemblies of a motor vehicle as
defined in paragraph (9) of Code Section 40-3-2.
(7)
'Motor vehicle' or 'car' means every vehicle which is self-propelled and
required to be registered under the laws of this state, except trackless
trolleys (which are classified as streetcars), airplanes, motorboats,
motorcycles, motor driven cycles, or go-carts.
(8)
'Motor vehicle broker' means a person who, for a commission or with the intent
to make a profit or gain of money or other thing of value, negotiates or
attempts to negotiate the sale of a motor vehicle on behalf of another. Such
term shall not mean any person engaged in the solicitation, negotiation, or
advertising of the sale of used motor vehicles or any owner of real property who
allows the display of used motor vehicles on such property if the sale of such
vehicles is made by a used car dealer or a financial institution.
(9)
'Part' means any used motor vehicle part that has been installed as standard or
optional equipment on a motor vehicle, has been removed from the motor vehicle
on which it was originally attached or affixed, and is the subject of sale or
resale as a part and not as scrap.
(10)
'Person' means any individual, partnership, limited liability company, firm,
association, corporation, or combination of individuals of whatever form or
character.
(11)
'Rebuilder' means any person, partnership, limited liability company, firm, or
corporation engaged in the business of buying more than two salvage or wrecked
motor vehicles per year for the purpose of restoring or rebuilding them with
used or new motor vehicle parts, or both, to be sold as motor
vehicles.
(12)
'Salvage dealer' means any person, firm, or corporation who purchases a salvage
vehicle or parts of a salvage vehicle for purposes of resale as parts only or as
salvage.
(13)
Reserved.
(14)
'Salvage vehicle' means any vehicle which:
(A)
Has been damaged, crushed, or otherwise reduced to such a state that its
restoration would require the replacement of two or more major component
parts;
(B)
Has been acquired by an insurance company as a result of the vehicle's being
damaged to the extent that its restoration to an operable condition would
require the replacement of two or more major component parts or for which the
insurance company has paid a total loss claim, excluding recovered total theft
vehicles which do not require the replacement of two or more major component
parts for restoration; or
(C)
Is an imported vehicle which has been damaged in shipment and disclaimed by the
manufacturer as a result of the damage, has never been the subject of a retail
sale to a consumer, and has never been issued a certificate of
title.
(15)
'Scrap vehicle' means any vehicle which has been wrecked, destroyed, or damaged
to the extent that it cannot be economically repaired, rebuilt, or made operable
or roadworthy.
(15.1)
'Temporary site' means a location at which used motor vehicles are sold or
offered for sale for which a temporary site permit has been issued by the
board
director
in accordance with Code Section 43-47-8.2 and which location is:
(A)
Used for a period not to exceed 96 hours in any 30 day period of
time;
(B)
Located in the county in which the established place of business of the used
motor vehicle dealer using the temporary site is located or an adjoining county;
and
(C)
Used not more than three times in any calendar year.
(16)
'Used motor vehicle' or 'used car' means any motor vehicle or car other than a
motor vehicle which has never been the subject of a retail sale by a new motor
vehicle dealer or a used motor vehicle dealer and which is the subject of a
retail sale to a consumer for his or her own use or of a resale to another
licensed dealer.
(17)(A)
'Used motor vehicle dealer,' 'used car dealer,' or 'licensee' means any person
who, for commission or with intent to make a profit or gain of money or other
thing of value, sells, exchanges, rents with option to purchase, offers, or
attempts to negotiate a sale or exchange of an interest in used motor vehicles
or who is engaged wholly or in part in the business of selling used motor
vehicles, whether or not such motor vehicles are owned by such person. A motor
vehicle wholesaler and a motor vehicle broker shall be deemed to be a used motor
vehicle dealer or a used car dealer for the purposes of this chapter. Any
independent motor vehicle leasing agency which sells or offers for sale used
motor vehicles shall be deemed to be a used motor vehicle dealer or a used car
dealer for the purposes of this chapter. Any motor vehicle auction company
selling or offering for sale used motor vehicles to independent motor vehicle
dealers or to individual consumers shall be deemed to be a used motor vehicle
dealer or used car dealer for the purposes of this chapter except as otherwise
provided in division (x) of subparagraph (B) of this paragraph. Without
limiting any of the foregoing, the sale of five or more used motor vehicles in
any one calendar year shall be prima-facie evidence that a person is engaged in
the business of selling used motor vehicles. A pawnbroker who disposes of all
repossessed motor vehicles by selling or exchanging his or her interest in such
motor vehicles only to licensees under this chapter shall not be considered a
used motor vehicle dealer under this chapter
as
so
long as such pawnbroker does not otherwise engage in activities which would
bring him or her under the licensing requirements of this chapter.
(B)
Used motor vehicle dealer or used car dealer does not include:
(i)
Franchised motor vehicle dealers and their wholly owned and controlled
subsidiaries operating in the county in which their franchise is located or
operating as a direct dealer of a manufacturer;
(ii)
Receivers, trustees, administrators, executors, guardians, or other persons
appointed by or acting under the judgment or order of any court;
(iii)
Public officers while performing their official duties;
(iv)
Persons disposing of motor vehicles acquired for their own use when the same
shall have been acquired and used in good faith and not for the purpose of
avoiding the provisions of this chapter. Evidence of good faith, as provided in
this division, shall consist of the fact that the vehicle is properly titled and
registered in the name of the transferor;
(v)
Financial institutions when the financial institution sells its repossessed or
leased motor vehicles. Finance companies, for purposes of this chapter, shall
not include a pawnbroker as defined in Code Section 44-12-130;
(vi)
Insurance companies
who
that
sell motor vehicles to which they have taken title as an incident of payments
made under policies of insurance;
(vii)
Persons, firms, or corporations who act as agents for insurance companies for
the purpose of soliciting insurance for motor vehicles;
(viii)
Persons, firms, or corporations engaged in a business other than as a used car
dealer, as defined in divisions (i) through (vii) of this subparagraph, who sell
motor vehicles traded in as a part of the purchase price of an article other
than a motor vehicle and which have not been acquired by direct purchase for
cash, and
which
such
business is not for the purpose of violating this chapter;
(ix)
Persons, firms, or corporations which sell only vehicles which will not be used
primarily for transportation purposes, including, but not limited to, antique
automobiles, classic automobiles, and automobiles sold solely as speculative
investments. In determining whether a vehicle or vehicles will not be used
primarily for transportation purposes, the
board
director
may rely on the representations, written or oral, made regarding the vehicles,
but may also look at any other relevant evidence; or
(x)
Persons licensed or companies registered under Chapter 6 of this title, relating
to auctioneers, when auctioning used motor vehicles which are being disposed of
under administration of an estate or when auctioning used motor vehicles and
real property at the same sale when such vehicles and property are owned by a
common owner.
(18)
'Used motor vehicle parts dealer' or 'used parts dealer' means any person,
partnership, limited liability company, firm, or corporation buying, selling, or
using motor vehicle parts, either as a used motor vehicle parts dealer, a motor
vehicle dismantler, a motor vehicle rebuilder, a salvage pool dealer, or a
salvage dealer.
(19)
'Wholesaler' means a person who sells or distributes used motor vehicles to
motor vehicle dealers in this state, has a sales representative in this state,
or controls any person who offers for sale, sells, or distributes any used motor
vehicles to motor vehicle dealers in this state.
43-47-3.
(a)
There is created a State Board of Registration of Used Motor Vehicle Dealers and
Used Motor Vehicle Parts Dealers
as a
professional licensing policy board. The
board shall be
comprised
composed
of 15 members:
(1)
Three members shall be independent used car dealers;
(2)
Three members shall be appointed from the public at large and shall have no
connection whatsoever with the sale of used cars or parts;
(3)
The state revenue commissioner, or a designated agent, shall be a permanent ex
officio member and shall be authorized to vote on all matters before the
board;
(4)
The administrator of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair
Business Practices Act of 1975,' or a designated agent, shall be a permanent ex
officio member and shall be authorized to vote on all matters before the
board;
(5)
One member shall be a representative of the automobile auction
industry;
(6)
One member shall be an auto salvage pool operator;
(7)
Two members shall be used motor vehicle parts dealers who are not
rebuilders;
(8)
One member shall be a rebuilder;
(9)
One member shall be a pawnbroker as defined in Code Section 44-12-130 who is in
the business of pawning automobile titles and is licensed as a used car dealer;
and
(10)
One member shall be a representative of the automobile insurance
industry.
(b)
The members of the board referred to in paragraphs (1), (2), (5), (6), (7), (8),
(9), and (10) of subsection (a) of this Code section shall be appointed by the
Governor and shall take office on July 1, 1995, or as soon thereafter as
appointed. The initial terms of those 13 appointed members shall expire as
follows: three on June 30, 1996; three on June 30, 1997; three on June 30, 1998;
and four on June 30, 1999. Thereafter, the appointed members of the board shall
serve terms of four years. All members shall be residents of this state. No
more than two of the appointed members shall be from the same congressional
district. The terms of the two ex officio members shall be coextensive with
their terms of office.
(c)
Any vacancies on the board shall be filled by the Governor for the remainder of
the unexpired term. The members of the board shall annually elect one of their
number to serve as chairperson for a term of two years. The board chairperson
shall not also serve contemporaneously as the chairperson of either division
under this chapter. The first term as chairperson of the board shall be served
by a member or members elected from either division under this chapter;
thereafter, the chairperson for each succeeding term shall not be elected from
the same division as that of the chairperson from the immediately preceding
term. In the event a chairperson of the board is unable to complete his or her
term, his or her successor for the remainder of the term shall be elected from
the same division as was the chairperson who is unable to complete the term.
The chairperson of the board shall be an ex officio member of both divisions
under this
chapter,;
however, the chairperson of the board shall not be counted for purposes of
determining whether a quorum is present in the division meeting for the division
in which he or she is not a regular member.
(d)(1)
The board shall be composed of two divisions, a used car division and a used
parts division.
(2)
The members of the used car division shall be the three independent used car
dealers, two of the members from the public at large, the state revenue
commissioner or a designated agent, the administrator of Part 2 of Article 15 of
Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' or a
designated agent, the representative of the automobile auction industry, and the
pawnbroker.
All powers
and duties relating to used car dealers which are not specifically reserved to
the board shall be assigned to the used car
division. The used car division shall
elect one of its members to serve as chairperson of the division for a period of
one year.
(3)
The members of the used parts division shall be the third member from the public
at large, the state revenue commissioner or a designated agent, the auto salvage
pool operator, the two used motor vehicle parts dealers who are not rebuilders,
the rebuilder, and the representative of the automobile insurance industry.
All powers
and duties relating to used parts dealers which are not specifically reserved to
the board shall be assigned to the used parts
division. The used parts division shall
elect one of its members to serve as chairperson of the division for a period of
one year.
(4)
The chairperson of the board shall determine which of the two members from the
public at large will serve in the used car division and which shall serve in the
used parts division.
43-47-4.
The
division
director shall be the secretary of the board and of the divisions. He or she
shall issue licenses and certificates and perform such other duties as
provided by
this chapter and by the rules and regulations promulgated
by the
licensing
board or
the divisions may direct to carry out this
chapter.
43-47-5.
The
members of the board shall be reimbursed for their duties as board members and
as division members as provided for in subsection (f) of Code Section
43-1-2.
43-47-6.
(a)
The director
All powers
and duties under this chapter not specifically reserved to the board shall be
the powers and duties of the division. The
board shall have the following powers and
duties:
(1)
To receive applications for registration of licensees
and to
forward them to the appropriate
division;
(2)
To make such rules and regulations as may be necessary to effectuate the
administration and enforcement of this chapter;
(3)(2)
To arrange for all new applicants to have a
mandatory
criminal background
check,
which background check shall be mandatory.
The applicant's fingerprints shall be forwarded to the Georgia Crime Information
Center which shall run a criminal background check on the applicant and provide
the results of the background check to the
board
director.
Additionally, the applicant's fingerprints will be forwarded to the Federal
Bureau of Investigation for a national criminal history record
check;
(4)(3)
To publish in print or electronically on or before September 1 of each year an
alphabetical listing of all licensees
pursuant to
this chapter and to distribute copies of
the same, if requested, to the Department of Public Safety, the Department of
Revenue, and the Georgia Bureau of Investigation, to all sheriffs in this state,
and to all county and municipal police departments in this state;
(5)
To establish a fee for a license for each principal place of business and a fee
for a supplemental license for each place of business not immediately adjacent
to the principal place of business. The board may establish separate schedules
of fees for such licenses depending on whether the applicant begins to do
business as a licensee prior to or after the issuance of any such license;
and
(6)(4)
To do all other things necessary and proper to carry out the powers and duties
listed in this Code
section,
Chapter 1 of this title, and rules and regulations promulgated by the licensing
board; and
(5)
To enter orders, or take other disciplinary action consistent with this chapter,
which shall be entered in compliance with Code Section
43-1-3.1.
(b)
The licensing board shall have the following powers and duties:
(1)
To make such rules and regulations as may be necessary to effectuate the
administration and enforcement of this chapter;
(2)
To establish a fee for a license for each principal place of business and a fee
for a supplemental license for each place of business not immediately adjacent
to the principal place of business. The licensing board may establish separate
schedules of fees for such licenses depending on whether the applicant begins to
do business as a licensee prior to or after the issuance of any such license;
and
(3)
To conduct hearings upon the petition of any person who is aggrieved or
adversely affected by an order or action of the director, which shall be
conducted by the licensing board in accordance with Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.'
43-47-7.
(a)
It shall be unlawful for any person to operate as a used motor vehicle dealer in
this state without first registering and obtaining a license from the
used car
division
director
as provided in this chapter.
(b)
It shall be unlawful for any person to operate as a used motor vehicle parts
dealer in this state without first registering and obtaining a license from the
used parts
division
director
as provided in this chapter.
(c)
It shall be unlawful for any used car dealer or any used parts dealer willfully
to fail to keep the records required to be kept by this chapter.
43-47-8.
(a)
Applications for a license shall be made to the
board
director,
shall contain the information required by this chapter, and shall be accompanied
by the fee prescribed by the
licensing
board. Each applicant for a new license shall submit to the
board
director
such information as may be required by the Georgia Crime Information Center and
by the Federal Bureau of Investigation, including classifiable sets of
fingerprints, an affidavit by the applicant disclosing the date and nature of
any conviction for the violation of any crime involving violence, a used motor
vehicle, illegal drugs, tax evasion, failure to pay taxes, or
any crime
involving the illegal use, carrying,
or
possession of a dangerous weapon, or moral turpitude, and such fees as may be
set by the Georgia Crime Information Center and by the Federal Bureau of
Investigation for a records check comparison by the Georgia Crime Information
Center and by the Federal Bureau of Investigation. Application for a license
under this chapter shall constitute consent for performance of a records check
comparison.
(b)
A division
under this chapter
The
director shall not issue or renew any
license unless the applicant or holder thereof
shall
show
shows
that he or she maintains an established place of business as defined in Code
Section 43-47-2.
(c)
All licenses issued under this chapter shall be renewable biennially. The
divisions
licensing
board may establish continuing education
requirements for license renewals.
(d)
Each
division
The licensing
board may require either that within the
preceding year the applicant has attended a training and information seminar
approved by the
division
licensing
board or that the applicant has passed a
test approved by the
division
licensing
board. Such seminar or test, if required,
shall include, but shall not be limited to, dealer requirements of this chapter,
including books and records to be kept; requirements of the Department of
Revenue; and such other information as in the opinion of the
division
licensing
board will promote good business
practices. No seminar shall exceed one day in length.
(e)
Supplemental licenses shall be issued for each place of business operated or
proposed to be operated by the licensee that is not contiguous to other premises
for which a license is issued.
(f)
Each application for a license shall also show that the licensee has obtained,
or has applied for, a certificate of registration, Department of Revenue Form
ST-2, commonly known as a sales tax number certificate. The
board
director
shall not renew any license unless the applicant or holder thereof shall show
that he or she maintains a certificate of registration, Department of Revenue
Form ST-2, under the laws of this state providing for issuance of such
certificates.
(g)
Each application for a license shall show that the prospective licensee has or
has made provision for a bond. The required bond shall be executed with a
surety company duly authorized to do business in this state and shall be payable
to the Governor for the use and benefit of any purchaser and vendees or
successors in title of any used motor vehicle and shall be conditioned to pay
all loss, damages, and expenses that may be sustained by such purchaser, his or
her vendees, or successors in title that may be occasioned by reason of any
misrepresentation, deceptive practice, or unfair practice or by reason of any
breach of warranty as to such used vehicle.
(h)
The bond shall be in the amount of $35,000.00 for used car dealers and
$10,000.00 for used parts dealers and shall be filed, immediately upon the
granting of the license, with the
division
director by the licensee and shall be approved by the
division
director as to form and as to the solvency of the surety. The prospective
licensee may file the required bond with the
division
director for the
division
director's approval prior to the granting of a license.
(i)
No licensee shall cancel, or cause to be canceled, a bond issued pursuant to
this Code section unless the
appropriate
division
director
is informed in writing by a certified letter at least 30 days prior to the
proposed cancellation.
(j)
If the surety or licensee cancels the bond and the licensee fails to submit,
within ten days of the effective date of the cancellation, a new bond, the
division
director
may revoke his or her license.
(k)
Each application for a license shall show that the licensee maintains public
liability and property damage insurance with liability limits of not less than
$50,000.00 per person and $100,000.00 per accident, personal insurance liability
coverage, and $25,000.00 property damage liability coverage. Any licensee under
Chapter 6 of this title shall be exempt from the requirements of this
subsection.
(l)
Each
division may authorize the division
The
director
to
may
issue a license when he or she has received the bond required by subsections (g)
and (h) of this Code section, the proof of insurance required by subsection (k)
of this Code section, and a fingerprint card for submission to the Georgia Crime
Information Center and to the Federal Bureau of Investigation. Each completed
application for a permanent license shall be reviewed by the
appropriate
division, which
director,
who may deny licensure for any good reason
under this chapter. Any other provision of law to the contrary notwithstanding,
each applicant for a license pursuant to the provisions of this Code section
shall agree in the application that if the applicant makes a false statement on
the application or if the criminal record check returned from the Georgia Crime
Information Center or from the Federal Bureau of Investigation reveals a
conviction of or an entry of a plea of nolo contendere to a crime involving the
use of violence, a used motor vehicle, or illegal drugs; tax evasion or failure
to pay taxes; any crime involving the illegal use or possession of a dangerous
weapon; or any crime involving moral turpitude, then the
division
director
shall be authorized to suspend the license
without a
prior hearing
as provided in
Code Section 43-1-3.1.
The
divisions shall each meet as needed, in their discretion. The board shall meet
at least once each quarter and upon the call of the board chairperson for any
special sessions.
43-47-8.1.
Any
person who violates any provision of Code Section 40-2-39.1 shall be deemed to
be a licensee for the purpose of imposing sanctions and penalties under this
chapter and for the purpose of granting the
board
director
jurisdiction over such violator.
43-47-8.2.
(a)
A used motor vehicle dealer shall not engage in any activity as a used motor
vehicle dealer except at such dealer's established place of business which has
been registered under Code Section 40-2-38, at temporary sites not more than
three times in any one calendar year, or at a licensed auto auction or any
licensed facility. This subsection shall not be construed to prohibit a used
motor vehicle dealer from delivering a vehicle off site, provided that the
transaction is initiated from an established place of business under this
chapter.
(b)(1)
At least 60 days prior to opening a sale at a temporary site, a used motor
vehicle dealer must make application to the
board
director
for a temporary site permit. A separate application must be submitted for every
temporary site sale.
(2)
To be eligible for a temporary site permit, a used motor vehicle dealer must be
registered as required by Code Section 40-2-38. In order to obtain a temporary
site permit, a used motor vehicle dealer must provide, on a form promulgated by
the
licensing
board:
(A)
The address, including county, of the used motor vehicle dealer's established
place of business;
(B)
The address, including county, of the proposed temporary site
location;
(C)
The dates and hours of the temporary site sale;
(D)
The number of temporary site sales already conducted by the used motor vehicle
dealer during the calendar year in which the requested temporary site sale is to
occur; and
(E)
The name, address, and contact person of any sponsors, promoters, and lending
institutions involved in or to be represented at the temporary site
sale.
(3)
As part of the application, a used motor vehicle dealer must submit written
documentation demonstrating that the used motor vehicle dealer has complied with
any licensing requirements applicable in the local jurisdiction in which the
temporary site sale will occur and a copy of a written agreement with the owner
of the real property where this sale will occur.
(4)
A temporary site permit issued pursuant to this subsection shall be valid only
for the dates and hours of the sale as indicated on the application submitted to
the
board
director
and must be prominently displayed at the temporary site at all times during the
site sale. No used motor vehicle dealer may purchase more than three temporary
site permits within a calendar year. A temporary site permit is not
transferable to any other dealer or location.
(5)
The fee for each application for a temporary site permit shall be
$100.00.
(c)
As an alternative to criminal or other civil enforcement of this Code section or
any orders, rules, and regulations promulgated pursuant hereto, the
board
director
may issue an administrative fine not to exceed $1,000.00 for each violation
whenever the
board
director,
after a hearing, determines that any person has violated any
provisions
provision
of this Code section or any orders, rules, and regulations promulgated pursuant
hereto. If, after a hearing, the
board
director
determines that any person has violated this provision more than once, the
board
director
may suspend his or her license for a period not to exceed ten days.
An order or
determination of the director made pursuant to this Code section shall be
entered in compliance with Code Section
43-1-3.1.
Any hearing
and any administrative review held pursuant to this Code section shall be
conducted in accordance with the procedure for contested cases under Chapter 13
of Title 50, the 'Georgia Administrative Procedure
Act.' Any person who has exhausted all
administrative remedies available and who is aggrieved or adversely affected by
a final order or action of the
licensing
board shall have the right of judicial review thereof in accordance with
Chapter 13 of Title 50. All fines recovered under this Code section shall be
paid into the state treasury. The
licensing
board
may file, in the superior court:
(1)
In the county wherein the person under order resides;
(2)
If such person is a corporation, in the county wherein the corporation maintains
its established place of business; or
(3)
In the county wherein the violation occurred,
a
certified copy of a final order of the
licensing
board or the
director, whether unappealed from or
affirmed upon appeal, whereupon the superior court shall render judgment in
accordance therewith and notify the parties. Such judgment shall have the same
effect and proceedings in relation thereto shall thereafter be the same as
though the judgment had been rendered in an action duly heard and determined by
the superior court. The penalty prescribed in this Code section shall be
concurrent, alternative, and cumulative with any and all other civil, criminal,
or alternative rights, remedies, forfeitures, or penalties provided, allowed, or
available to the
licensing
board or the
director with respect to any violation of
this Code section or any order, rule, or regulation promulgated pursuant hereto.
For purposes of this Code section, the sale of each motor vehicle while not in
compliance with temporary site permit requirements shall constitute a separate
violation.
(d)
Any person who violates any provision of this Code section shall be guilty of a
misdemeanor and, upon conviction thereof, shall be subject to a fine not to
exceed $1,000.00 or imprisonment for a period not to exceed 12 months, or
both.
43-47-9.
The
licenses issued pursuant to this chapter shall specify the location of each
place of business or branch or other location occupied or to be occupied by the
licensee in conducting his or her business; and the license or supplemental
license issued therefor shall be conspicuously displayed on each of such
premises. In the event any such location is changed, the
appropriate
division
director
shall endorse the change of location on the license without charge.
43-47-10.
The
board or
each division
director
may, upon
its
his or
her own motion, and shall, upon the
verified complaint in writing of any person, investigate the actions of any
licensee or anyone who shall assume to act in such capacity.
Each
division
The
director shall have power, in addition to
the other powers authorized by this chapter, to revoke or to suspend a license
for a specified time, to be determined in
it's the
director's discretion, or to invoke such
other lesser sanctions, including but not limited to the imposition of fines and
penalty fees, which the
licensing
board is hereby authorized to create by rule, where:
(1)
The licensee is found by
a majority
of the members of the
board
director
to have committed any one or more of the following:
(A)
Material misstatement in an application for a license;
(B)
Willful and intentional failure to comply with any provisions of this chapter or
any lawful rule or regulation issued by the
licensing
board under this chapter;
(C)
Making any substantial misrepresentation;
(D)
Making any false promises of a character likely to influence, persuade, or
induce;
(E)
Pursuing a continued and flagrant course of misrepresentation or the making of
false promises through agents, salespersons, advertising, or
otherwise;
(F)
Failure to account for or to remit any moneys coming into his or her possession
which belong to others;
(G)
Having demonstrated unworthiness or incompetency to act as a licensee in such
manner as to safeguard the interest of the public;
(H)
Fraud or fraudulent practice, unfair and deceptive acts or practices, misleading
acts or practices, or untrustworthiness or incompetency to act as a licensee,
including, but not limited to, the failure to provide the appropriate odometer
disclosure forms required by law or knowingly selling or offering for sale any
used car on which the odometer has been tampered with to reflect lower than the
actual mileage the car has been driven;
(I)
The intentional use of any false, fraudulent, or forged statement or document or
the use of any fraudulent, deceitful, dishonest, or immoral practice in
connection with any of the licensing requirements as provided for in this
chapter;
(J)
The commission of any crime involving violence, a used motor vehicle, illegal
drugs, tax evasion, failure to pay taxes, or
any crime
involving the illegal use, carrying, or
possession of a dangerous weapon; the conviction of, plea of guilty to, or plea
of nolo contendere to a crime involving violence, a used motor vehicle, illegal
drugs, tax evasion, failure to pay taxes, or
any crime
involving the illegal use, carrying, or
possession of a dangerous weapon shall be conclusive evidence of the commission
of such crime;
(K)
Use of untruthful or improbable statements or flamboyant or extravagant claims
concerning such licensee's excellence or abilities;
(L)
The performance of any dishonorable or unethical conduct likely to deceive,
defraud, mislead, unfairly treat, or harm the public;
(M)
The use of any false or fraudulent statement in any document in connection with
the business as a licensee;
(N)
Violating or attempting to violate, directly or indirectly, or assisting in or
abetting the violation of, or conspiring to violate any of the provisions of
this chapter, including but not limited to (i) the failure to maintain the
certificate of registration required by Code Section 43-47-8 and (ii) the
failure to keep records required by this chapter;
(O)
Any other conduct, whether of the same or a different character than heretofore
specified, which constitutes dishonest dealing;
(P)(i)
Any of the following activities by an automobile auction:
(I)
Allowing a motor vehicle to be sold through an auction where the seller's name
does not appear on the face of the title;
(II)
Failing to refund all of the purchase price to the buyer when the title and tag
receipt are not assigned to and processed for the buyer within 21 days of the
purchase;
(III)
Failing to make available to the
board
director,
for investigative purposes, auction records of a seller, for the purpose of
determining if a seller sold more than five motor vehicles in a calendar year;
provided, however, that the
board
director
shall give the auction reasonable notice during normal working
hours;
(IV)
Failing to disclose in a conspicuous manner on the bill of sale that a buyer is
entitled to a refund of all of the purchase price when the title and tag receipt
are not assigned and processed within 21 days of the purchase;
(V)
Failing to include on the bill of sale any warranty disclaimer; or
(VI)
Accepting or delivering a certificate of title signed in blank.
(ii)
The provisions of this subparagraph shall not apply where:
(I)
The sale of the motor vehicle is not open to the general public;
(II)
Either the seller or purchaser of the vehicle is a licensed used car
dealer;
(III)
The motor vehicle is sold as a repossessed or abandoned vehicle; or
(IV)
The motor vehicle is sold on behalf of any government agency or by court
order.
(iii)
A violation of this subparagraph shall also be grounds for suspension or censure
of a license under Code Section 43-6-18, and any auction violating this
subparagraph may be required by the
board
director
to surrender its master tag;
(Q)
Acting to obtain or holding a license on behalf of another person who was
previously denied a license or had a license suspended or revoked under this
chapter; in making determinations under this subparagraph, the
division
director
may look at any competent evidence, including, but not limited to, who actually
directs the activities at the business and who actually receives the proceeds
from the business;
(R)
Having purchased, concealed, possessed, or otherwise acquired or disposed of a
vehicle, knowing the same to be stolen;
(S)
Having failed to meet and maintain the requirements for issuance of a license as
provided for in this chapter;
(T)
Having failed to pay within 30 days after written demand from the
board
director
any fees or penalties due on vehicles acquired for dismantling or rebuilding;
or
(U)
Having willfully failed to keep or maintain the records required to be kept by
this chapter; or
(2)
A majority
of the members of the division find
The director
finds that the licensee failed to
establish, maintain, or monitor procedural safeguards to ensure that the
following activities do not occur at the business, regardless of whether the
licensee had actual knowledge of any such activity or activities or regardless
of whether there was an intent on the part of any person to engage in any such
activity or activities:
(A)
Unfair and deceptive acts or practices as defined in Part 2 of Article 15 of
Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975';
(B)
Any of those activities described in paragraphs (1) through (6) of Code Section
40-3-90; or
(C)
Failure to obtain a certificate of title for a purchaser.
43-47-11.
Except
as provided in subsection (l) of Code Section 43-47-8, no license shall be
suspended or revoked without a hearing in accordance with Chapter 13 of Title
50, the 'Georgia Administrative Procedure
Act.'
An order or
other disciplinary action of the director entered pursuant to this chapter shall
be made in compliance with Code Section 43-1-3.1.
43-47-11.1.
As
provided by law, every licensee who transfers a used motor vehicle title within
this state shall register with the state revenue commissioner, making
application for a dealer's registration plate. No person not licensed in
accordance with this chapter shall be entitled to receive or use any dealer's
registration plates for motor vehicles under the motor vehicle laws of this
state providing for the issuance of such plates.
43-47-12.
(a)
Every licensee shall maintain for three years a record of:
(1)
Every vehicle, vehicle body, chassis, or major component part of or for a
vehicle received or acquired by him or her; its description and any identifying
numbers; the date of its receipt or acquisition; and the full name, address, and
driver's license number or social security number of the person from whom
received or acquired; provided, however, that, in the event such purchase or
acquisition is from a used car dealer or from a used motor vehicle parts dealer,
the name and address of the corporation or company shall be sufficient if the
seller is registered under this chapter;
(2)
Every vehicle, vehicle body, chassis, or major component part disposed of by him
or her; its description and any identifying numbers; the date of its receipt or
acquisition; and the full name, address, and driver's license number or social
security number of the person to whom disposed; provided, however, that, in the
event such disposal is to a used car dealer or to a used motor vehicle parts
dealer, the name and address of the corporation or company shall be sufficient
if the purchaser or acquirer is registered under this chapter;
(3)
Every vehicle wrecked, dismantled, or crushed by him or her and the date of its
wrecking or dismantling; and
(4)
Any other records which the
appropriate
division
director
may reasonably require to protect the public, as relating to the licensee's
method of operation and personnel employed.
(b)
The possession of motor vehicles or parts covered by this chapter shall be
prima-facie evidence that they were purchased for the purpose of
resale.
43-47-13.
Nothing
in this chapter shall prohibit any lawful regulation or licensing of licensees
by any municipality, county, or other political subdivision of this state;
provided, however, that no such political subdivision shall license any licensee
required to be registered by this chapter unless such licensee is properly
licensed under this chapter.
43-47-14.
Each
division or the board
As provided in
Code Section 43-1-3.1, the director may
impose a fine not to exceed $500.00 for each violation of any provision of this
chapter. Such fines shall be listed in a schedule contained in the rules and
regulations of the
licensing
board. The
licensee shall pay the fine within 30 days after receiving written notification
from either the appropriate division or a representative of the division unless
the licensee requests in writing a hearing before the division. Such request
for a hearing must be received by the division within 30 days after receipt of
the written notification from the
division. Failure either to pay the fine
or request a hearing shall result in immediate suspension of the license pending
a hearing by the
licensing
board to determine whether revocation or other disciplinary action should be
imposed on the licensee.
43-47-15.
Any
licensee who purchases a wrecked or salvage motor vehicle or rebuilds a wrecked
or salvage motor vehicle shall fully comply with Chapter 3 of Title 40, the
'Motor Vehicle Certificate of Title Act,' regarding titling and inspection of
salvage and rebuilt vehicles, and shall comply with any rules and regulations
adopted by the state revenue commissioner pursuant to this chapter.
43-47-16.
All
licensees under this chapter who operate salvage pools shall furnish to any
person who purchases a motor vehicle the make, model, year, body style, and
vehicle identification number of the particular vehicle sold. In the event that
the operator of a salvage pool is an insurance company, the claim number of the
vehicle shall be furnished to the purchaser in addition to the other required
information.
43-47-17.
Every
person required to be licensed under this chapter shall, as a condition of
licensure, be deemed to have granted authority and permission to the
board
director,
to either
division, or to any peace officer to
inspect any record or document and any motor vehicle or motor vehicle part or
accessory at or on the premises of his or her principal place of business, or
any additional place of business, at any reasonable time during the day or night
during reasonable business hours.
43-47-18.
Nothing
in this chapter shall be construed to prohibit municipalities or counties, by
ordinance or resolution, from authorizing local law enforcement officers to
impound used motor vehicles which are displayed for sale at unlicensed
facilities, provided that such ordinances or resolutions provide for actual
prior notice to the owners of such motor vehicles of such
impoundment.
43-47-19.
No
licensee, except any licensed auto auction or salvage pool selling at its
regular place of business, shall sell any used motor vehicle on a consignment
basis unless the licensee places his or her name on the title at the time of
sale and complies with all other applicable laws.
43-47-20.
It
is the intent of the General Assembly that all parts of rules properly adopted
under this chapter and Chapter 48 of this title prior to July 1, 1995, which do
not conflict with this chapter shall be valid until such time as they are
repealed, revised, amended, or otherwise changed under Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act.'
43-47-21.
(a)
Any person, regardless of whether that person is a licensee or not, who commits
or causes to be done any act that violates this chapter or fails to do any act
or causes to be omitted any act that is required by this chapter shall be
subject to a civil penalty not to exceed $3,000.00 for each violation. A
violation of this chapter shall, for the purposes of this Code section,
constitute a separate offense as to any motor vehicle or motor vehicle part; and
each day during which any person offers for sale, sells, trades, transfers, or
disposes of used motor vehicles or used motor vehicle parts without being
licensed pursuant to this chapter shall constitute a separate
offense.
(b)
The penalty provided in subsection (a) of this Code section and any restitution
due to specifically named consumers for violations of this chapter shall be
recoverable by a civil action brought by the
division,
the board
director,
the Attorney General, or any district attorney, solicitor-general, or municipal
or county attorney in any superior or state court having proper jurisdiction.
The proceeds of any civil penalty shall be remitted to the
board
director
by the clerk of the court in which such case is filed; provided, however, that
in an action brought on behalf of a county or municipality one-half of the
proceeds of such civil penalty shall be paid into the treasury of such county or
municipality. The court shall order any restitution recovered on behalf of any
consumer to be paid over directly to the consumer by the defendant.
(c)
Any person damaged by a violation of this chapter may bring an action against
the person committing the violation, regardless of whether that person is a
licensee, in any superior court of competent jurisdiction to recover actual,
consequential, and punitive damages, attorneys' fees, and court
costs.
(d)
Any person who is already licensed under this chapter or its predecessor or
under former Chapter 48 of this title who will be required as a result of this
chapter to make changes in his or her business operations will not be required
to make such changes until such time as he or she is required to renew his or
her license. Any such changes shall have been completed prior to the granting
of any renewal license.
43-47-22.
Any
person, firm, or corporation who violates this chapter shall be guilty of a
misdemeanor. In addition to such criminal penalty, the
board
director
may bring an action to enjoin any violation, actual or threatened, of this
chapter notwithstanding the existence of an adequate remedy at
law."
SECTION
1-39.
Said
title is further amended by revising Chapter 50, relating to veterinarians and
veterinary technicians, as follows:
"CHAPTER
50
ARTICLE 1
ARTICLE 1
43-50-1.
This
chapter shall be known and may be cited as the 'Georgia Veterinary Practice
Act.'
43-50-2.
This
chapter is enacted as an exercise of the powers of the state to promote the
public health, safety, and welfare by safeguarding the people of this state
against incompetent, dishonest, or unprincipled practitioners of veterinary
medicine or veterinary technology.
43-50-3.
As
used in this chapter, the term:
(1)
'Accredited college or school of veterinary medicine' means any veterinary
college or school or division of a university or college that offers the degree
of Doctor of Veterinary Medicine or its equivalent and that conforms to the
standards required for accreditation by the American Veterinary Medical
Association Council on Education or its successor organization.
(2)
'Animal' means any animal other than man and includes fowl, birds, fish, and
reptiles, wild or domestic, living or dead.
(3)
'AVMA accredited program in veterinary technology' means any postsecondary
educational program of two or more academic years that has fulfilled the
essential criteria established by the Committee on Veterinary Technician
Education and Activities and approved by the American Veterinary Medical
Association or its successor organization.
(4)
'Board' means the State Board of Veterinary
Medicine, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(5)
'Direct supervision' means that the licensed veterinarian is on the premises and
is quickly and easily available and that the animal patient has been examined by
a licensed veterinarian at such time as acceptable veterinary medical practice
requires, consistent with the particular delegated animal health care
task.
(5.1)
'Director' means the director of professional licensing.
(6)
'ECFVG certificate or its substantial equivalent' means a certificate issued by
the American Veterinary Medical Association Educational Commission for Foreign
Veterinary Graduates or its successor organization indicating the holder has
demonstrated knowledge and skill equivalent to that possessed by a graduate of
an accredited college of veterinary medicine.
(7)
'Immediate supervision' means the licensed veterinarian is in audible and visual
range of the animal patient and the person treating the animal.
(8)
'Indirect supervision' means the licensed veterinarian is not on the premises
but has given either written or oral instructions for the treatment of the
animal patient and the animal has been examined by a licensed veterinarian at
such times as acceptable veterinary medical practice requires, consistent with
the particular delegated health care task.
(9)
'Licensed veterinarian' means a person who is validly and currently licensed to
practice veterinary medicine in this state.
(9.5)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(10)
'Person' means any individual, firm, partnership, limited liability company,
association, joint venture, cooperative, and corporation or any other group or
combination acting in concert; and whether or not acting as a principal,
trustee, fiduciary, receiver, or as any other kind of legal or personal
representative, or as the successor in interest, assignee, agent, factor,
servant, employee, member, director, officer, or any other representative of
such person.
(11)
'Practice veterinary medicine' or 'practice of veterinary medicine'
means:
(A)
To diagnose, treat, correct, change, relieve, or prevent animal disease,
deformity, defect, injury, or other physical or mental conditions, including the
prescription, administration, or dispensing of any prescription drug, medicine,
biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic
substance or technique on, for, or to any animal, including but not limited to
acupuncture, animal dentistry, manual or mechanical adjustment procedures,
physical therapy, surgery, diagnostic veterinary pathology, any manual,
mechanical, biological, or chemical procedure used for pregnancy testing or for
correcting sterility or infertility, or to render advice or recommendations with
regard to any of the above; but not including such administration or dispensing
pursuant to prescription or direction of a licensed veterinarian;
(B)(i)
To apply or use any instrument or device on any portion of an animal's tooth,
gum, or any related tissue for the prevention, cure, or relief of any wound,
fracture, injury, disease, or other condition of an animal's tooth, gum, or
related tissue.
(ii)
To engage in preventive dental procedures on animals including, but not limited
to, the removal of calculus, soft deposits, plaque, or stains or the smoothing,
filing, or polishing of tooth surfaces.
(iii)
Nothing in this subparagraph shall prohibit any person from utilizing cotton
swabs, gauze, dental floss, dentifrice, toothbrushes, or similar items to clean
an animal's teeth;
(C)
To represent, directly or indirectly, publicly or privately, an ability and
willingness to do any act described in subparagraphs (A) and (B) of this
paragraph;
(D)
To use any title, words, abbreviation, or letters in a manner or under
circumstances which induce the belief that the person using them is legally
authorized or qualified to perform an act included in this paragraph. Such use
shall be evidence of the intention to represent oneself as engaged in the
practice of veterinary medicine;
(E)
To apply principles of environmental sanitation, food inspection, environmental
pollution control, zoonotic disease control, and disaster medicine in the
promotion and protection of public health as it specifically relates to animals.
This subparagraph shall apply only to licensed veterinarians and not to other
qualified individuals;
(F)
To collect blood or other samples for the purpose of diagnosing diseases or
related conditions. This subparagraph shall not apply to unlicensed
professionals employed by or under contract with the United States Department of
Agriculture or the Georgia Department of Agriculture who are engaged in their
official duties; or
(G)
To administer a rabies vaccination to any animal that the state requires to be
vaccinated.
(12)
'Prescription drug' includes any medicine, medication, or pharmaceutical or
biological product whose manufacturer's label must, pursuant to federal or state
law, have the following statement printed on its packaging: 'Federal law
restricts this drug to use by or on the order of a licensed veterinarian'; or
any over-the-counter product that is used in a manner different from the label
directions and that by definition requires a valid veterinarian-client-patient
relationship for prescription or dispensing.
(13)
Reserved.
(14)
'Veterinarian' means a person who has received a doctorate degree in veterinary
medicine from a college or school of veterinary medicine.
(15)
'Veterinarian-client-patient relationship' means that:
(A)
The licensed veterinarian or his or her licensed designee has assumed the
responsibility for making medical judgments regarding the health of the animal
and the need for medical treatment, and the client (owner or caretaker) has
agreed to follow the instruction of the licensed veterinarian;
(B)
There is sufficient knowledge of the animal by the licensed veterinarian to
initiate at least a general or preliminary diagnosis of the medical condition of
the animal. This means that the licensed veterinarian has recently seen and is
personally acquainted with the keeping and care of the animal by the virtue of
examination of the animal or by medically appropriate and timely visits to the
premises where the animal is kept; and
(C)
A licensed veterinarian is readily available for follow up in the case of
adverse reactions or failure of the regimen of therapy.
(15.1)
'Veterinary assistant' means a person who engages in certain aspects of the
practice of veterinary technology but is not registered by the
board
director
for such purpose.
(16)
'Veterinary facility' means any premises owned or operated by a veterinarian or
his or her employer where the practice of veterinary medicine occurs, including
but not limited to veterinary hospitals, clinics, or mobile clinics; provided,
however, that such term does not include a client's private property where a
licensed veterinarian treats the client's animals.
(17)
'Veterinary medicine' includes veterinary surgery, obstetrics, dentistry, and
all other branches or specialties of veterinary medicine.
(18)
'Veterinary technician' means a person who engages in the practice of veterinary
technology and on the basis of his or her qualifications is validly and
currently registered by the
board
director
for such purpose.
(19)
'Veterinary technology' means the science and art of providing certain aspects
of professional medical care and treatment for animals and the practice of
veterinary medicine as may be delegated and supervised by a licensed
veterinarian and performed by a person who is not a licensed
veterinarian.
ARTICLE
2
43-50-20.
(a)
There shall be a State Board of Veterinary Medicine,
a professional
licensing policy board, the members of
which shall be appointed by the Governor with the approval of the Secretary of
State and confirmation by the Senate. The board shall consist of six members,
each appointed for a term of five years or until his or her successor is
appointed. Five members of the board shall be duly licensed veterinarians
actually engaged in active practice for at least five years prior to
appointment. The sixth member shall be appointed from the public at large and
shall in no way be connected with the practice of veterinary medicine. Those
members of the State Board of Veterinary Medicine serving on July 1, 2003, shall
continue to serve as members of the board until the expiration of the term for
which they were appointed. Thereafter, successors to such board members shall
be appointed in accordance with this Code section.
(b)
Vacancies due to death, resignation, removal, or otherwise shall be filled for
the remainder of the unexpired term in the same manner as regular appointments.
No person shall serve two consecutive five-year terms, but a person appointed
for a term of less than five years may succeed himself or herself.
(c)
No person may serve on the board who is, or was during the two years preceding
his or her appointment, a member of the faculty, trustees, or advisory board of
a veterinary school.
(d)
Each member of the board shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
(e)
Any member of the board may be removed by the Governor after a hearing by the
board determines cause for removal.
(f)
The board shall meet at least once each year at the time fixed by the board.
Other necessary meetings may be called by the president of the board by giving
such notice as shall be established by the board
and approved
by the director.
Meetings
shall be open and public except that the board may meet in closed session to
prepare, approve, administer, or grade examinations or to deliberate the
qualifications of an applicant for license or the disposition of a proceeding to
discipline a licensed veterinarian.
(g)
At its annual meeting, the board shall organize by electing a president and such
other officers as may be required by the board. Officers of the board serve for
terms of one year and until a successor is elected, without limitation on the
number of terms an officer may serve. The president shall chair the board
meetings.
43-50-21.
(a)
The
board
director
shall have the power to:
(1)
Examine and determine the qualifications and fitness of applicants for licenses
or registrations to practice veterinary medicine and veterinary technology in
this state;
(2)
Issue, renew, refuse to renew, deny, suspend, or revoke licenses or
registrations to practice veterinary medicine or veterinary technology in this
state or otherwise discipline licensed veterinarians and registered veterinary
technicians; and to issue, renew, deny, suspend, or revoke veterinary faculty
licenses, consistent with this chapter and the rules and regulations adopted
under this chapter;
(3)
Conduct investigations for the purpose of discovering violations of this chapter
or grounds for disciplining persons licensed or registered under this
chapter;
(4)
Hold
hearings on all matters properly brought before the board; and, in connection
therewith, to administer
Administer
oaths, receive evidence, make the necessary determinations, and enter orders
consistent with the findings.
The board
may designate one or more of its members to serve as its hearing
officer;
(5)
Appoint
from its own membership one member to act
Act
as a representative of the board at any meeting within or outside the state
where such representative is deemed desirable;
and
(6)
Bring proceedings in the courts for the enforcement of this chapter or any
regulations made pursuant to this
chapter;
and.
(b)
The licensing board shall have the power to:
(7)(1)
Adopt, amend, or repeal all rules necessary for its government and all
regulations necessary to carry this chapter into effect, including without
limitation the establishment and
print
printing
or electronic publication of standards of professional conduct for the practice
of veterinary medicine and veterinary
technology.;
and
(2)
Conduct hearings upon the petition of any person who is aggrieved or adversely
affected by an order or action of the director, which shall be conducted by the
licensing board in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
(b)(c)
The powers enumerated in
subsection
(a) of this Code section are granted for
the purpose of enabling the
director and
licensing board to supervise effectively
the practice of veterinary medicine and veterinary technology and are to be
construed liberally to accomplish this objective.
ARTICLE
3
Part 1
Part 1
43-50-30.
(a)
No person may practice veterinary medicine in this state who is not a licensed
veterinarian or the holder of a valid temporary license issued by the
division
director pursuant to this article.
(b)
A licensed veterinarian may practice veterinary medicine as an employee of a
corporation, partnership, or other business organization provided the articles
of incorporation, partnership, or business organization documents clearly state
that the licensed veterinarian is not subject to the direction of anyone not
licensed to practice veterinary medicine in Georgia in making veterinary medical
decisions or judgments.
43-50-31.
(a)
Any person desiring a license to practice veterinary medicine in this state
shall make application to the
board
director.
The application shall include evidence, satisfactory to the
board
director,
that:
(1)
The applicant has attained the age of 18;
(2)
The applicant is of good moral character;
(3)
The applicant is a graduate of an accredited college or school of veterinary
medicine or possesses an ECFVG certificate or its substantial equivalent;
provided, however, that a senior veterinary student may, in the discretion of
the
board
director,
be allowed to sit for the examination during his or her senior year if he or she
meets the other qualifications but shall not be issued a license unless and
until he or she graduates; and
(4)
The applicant meets such other qualifications or provides such other information
as the
board
director
may require by rule.
(b)
The application shall be accompanied by a fee in the amount established by the
licensing
board.
(c)
If the
board
director
determines that an applicant possesses the proper qualifications,
it
the
director shall admit the applicant to the
next examination; provided, however, that the
licensing
board may provide by rule for waiver of any part of such examination for
veterinarians who are licensed as such by another state and who are in good
standing therewith.
43-50-32.
(a)
The
board
director
shall hold at least one license examination during each year and may hold such
additional license examinations as are necessary.
(b)
After each examination, the
division
director shall notify each examinee of the result of his or her examination, and
the
board
director
shall issue licenses to the persons successfully completing the examination.
The
division
director shall record the new licenses and issue a certificate of registration
to the new licensees. If an applicant fails a license examination, the
applicant may take a subsequent examination upon payment of the registration and
examination fees. No person may take the examination more than three times
without review and approval by the
board
director.
Approval may be provided under such circumstances as the
board
director
deems appropriate.
43-50-33.
Any
person holding a valid license to practice veterinary medicine in this state on
July 1, 2003, shall be recognized as a licensed veterinarian and shall be
entitled to retain this status so long as he or she complies with this article,
including biennial renewal of the license.
Part
2
43-50-40.
(a)
All licenses and registrations under this article shall be renewable
biennially.
(b)
Any person who shall practice veterinary medicine or veterinary technology after
the expiration of his or her license or registration and willfully or by neglect
fail to renew such license or registration shall be practicing in violation of
this article, provided that any person may renew an expired license or
registration within the period established by the division director in
accordance with Code Section 43-1-4 by making application for renewal and paying
the applicable fees. After the time period established by the
division
director has elapsed, such license or registration may be reinstated in
accordance with the rules of the
licensing
board.
(c)
The
licensing
board may by rule waive the payment of the renewal fee of a licensed
veterinarian or registered veterinary technician during the period when he or
she is on active duty with any branch of the armed forces of the United States,
not to exceed the longer of three years or the duration of a national
emergency.
(d)(1)
The
licensing
board shall establish a program of continuing professional veterinary medical
education for the renewal of veterinary licenses. Notwithstanding any other
provision of this article, no license to practice veterinary medicine shall be
renewed by the
board or
the division director until the licensed
veterinarian submits to the
board
director
satisfactory proof of his or her participation, during the biennium preceding
his or her application for renewal, in approved programs of continuing
education, as defined in this Code section. The amount of continuing veterinary
medical education required of licensed veterinarians by the
licensing
board under this paragraph shall not be less than 30 hours and shall be
established by
licensing
board rule.
(2)
Continuing professional veterinary medical education shall consist of
educational programs providing training pertinent to the practice of veterinary
medicine and approved by the
licensing
board under this Code section. The
licensing
board may approve educational programs for persons practicing veterinary
medicine in this state on a reasonable nondiscriminatory fee basis and may
contract with institutions of higher learning, professional organizations, or
qualified individuals for the provision of approved programs. In addition to
such programs, the
licensing
board may allow the continuing education requirement to be fulfilled by the
completion of approved distance learning courses, with the number of hours being
established by
licensing
board rule.
(3)
The
licensing
board may, consistent with the requirements of this Code section, promulgate
rules and regulations to implement and administer this Code section, including
the establishment of a committee to prescribe standards, approve and contract
for educational programs, and set the required minimum number of hours per
year.
(e)
The
licensing
board shall provide by regulation for an inactive status license or registration
for those individuals who elect to apply for such status. Persons who are
granted inactive status shall not engage in the practice of veterinary medicine
or veterinary technology and shall be exempt from the requirements of continuing
veterinary medical education during such inactivity.
43-50-41.
(a)
The
board
director
is authorized to refuse to grant a license or registration to an applicant, to
revoke the license or registration of a person licensed or registered by the
board
director,
or to discipline a person licensed or registered under this chapter or any
antecedent law
in compliance
with Code Section 43-1-3.1, upon a finding
by a
majority of the entire board
the
director that the licensee, registrant, or
applicant has:
(1)
Failed to demonstrate the qualifications or standards for a license or
registration contained in this chapter or in the rules and regulations issued by
the
licensing
board, pursuant to specific statutory authority. It shall be incumbent upon the
applicant to demonstrate to the satisfaction of the
board
director
that he or she meets all the requirements for the issuance of a license or
registration, and, if the
board
director
is not satisfied as to the applicant's qualifications,
it
the
director may deny a license or
registration without a prior hearing; provided, however, that the applicant
shall be allowed to appear before the
licensing
board if he or she so desires;
(2)
Knowingly made misleading, deceptive, untrue, or fraudulent representations in
the practice of veterinary medicine or veterinary technology on any document
connected therewith;
or
practiced fraud or deceit or intentionally made any false statement in obtaining
a license or registration to practice veterinary medicine or veterinary
technology; or made a false statement or deceptive biennial renewal with the
board
director;
(3)
Been convicted of any felony or of any crime involving moral turpitude in the
courts of this state or any other state, territory, or country or in the courts
of the United States. As used in this paragraph, the term 'felony' shall
include any offense which, if committed in this state, would be deemed a felony
without regard to its designation elsewhere. As used in this paragraph, the
term 'conviction' shall include a finding or verdict of guilty or a plea of
guilty, regardless of whether an appeal of the conviction has been
sought;
(4)
Been arrested, charged, and sentenced for the commission of any felony, or any
crime involving moral turpitude, where:
(A)
A plea of nolo contendere was entered to the charge;
(B)
First offender treatment without adjudication of guilt pursuant to the charge
was granted; or
(C)
An adjudication or sentence was otherwise withheld or not entered on the
charge.
The
plea of nolo contendere or the order entered pursuant to the provisions of
Article 3 of Chapter 8 of Title 42 or other first offender treatment shall be
conclusive evidence of arrest and sentencing for such crime;
(5)
Had his or her license to practice veterinary medicine or registration to
practice veterinary technology revoked, suspended, or annulled by any lawful
licensing veterinary medical authority other than the
board
director;
or
had other disciplinary action taken against him or her by any lawful licensing
or registering veterinary medical authority other than the
board
director;
or
was denied a license or registration by any lawful licensing veterinary medical
authority other than the
board
director,
pursuant to disciplinary proceedings; or was refused the renewal of a license or
registration by any lawful licensing veterinary medical authority other than the
board
director,
pursuant to disciplinary proceedings;
(6)
Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious
conduct or practice harmful to the
public,
which conduct or practice
that
materially affects the fitness of the licensee, registrant, or applicant to
practice veterinary medicine or veterinary
technology,
or
is
of a nature likely to jeopardize the interest of the
public,
which;
such conduct or practice need not have
resulted in actual injury or be directly related to the practice of veterinary
medicine or veterinary technology but shows that the licensee, registrant, or
applicant has committed any act or omission which is indicative of bad moral
character or untrustworthiness. Unprofessional conduct shall also include any
departure from, or the failure to conform to, the minimal standards of
acceptable and prevailing veterinary medical practice or veterinary technology
practice. Unprofessional conduct shall also include, but not be limited to, the
following: failure to keep veterinary facility premises and equipment in a clean
and sanitary
condition;,
dishonesty or gross negligence in the inspection of foodstuffs or the issuance
of health or inspection
certificates;,
or cruelty to animals;
(7)
Knowingly performed any act which in any way aids, assists, procures, advises,
or encourages any unlicensed or unregistered person or any licensee or
registrant whose license or registration has been suspended or revoked by the
licensing
board or the
director to practice veterinary medicine
or veterinary technology or to practice outside the scope of any disciplinary
limitation placed upon the licensee or registrant by the
licensing
board or the
director;
(8)
Violated a statute, law, or any rule or regulation of this state, any other
state, the
licensing
board, the United States, or any other lawful authority
(without
regard to whether the violation is criminally
punishable),
which
when
such statute, law, rule, or regulation
relates to or in part regulates the practice of veterinary medicine or
veterinary
technology,
and
when the licensee, registrant, or applicant knows or should know that such
action violates such statute, law, rule, or regulation; or violated the lawful
order of the
licensing
board or the
director previously entered by the
licensing
board or the
director in a disciplinary hearing,
consent decree, or license reinstatement;
(9)
Been adjudged mentally incompetent by a court of competent jurisdiction within
or without this state. Any such adjudication shall automatically suspend the
license or registration of any such person and shall prevent the reissuance or
renewal of any license or registration so suspended for
as
so
long as the adjudication of incompetence is in effect;
(10)
Displayed an inability to practice veterinary medicine or veterinary technology
with reasonable skill and safety to patients or has become unable to practice
veterinary medicine or veterinary technology with reasonable skill and safety to
patients by reason of
illness,
or
the use of alcohol, drugs, narcotics,
chemicals, or any other type of
material,
or;
as a result of any mental or physical
condition,;
or by reason of displaying habitual intoxication, addiction to, or recurrent
personal misuse of alcohol, drugs, narcotics, chemicals, or any other type of
similar substances. In enforcing this paragraph, the
board
director
may, upon reasonable grounds, require a licensee, registrant, or applicant to
submit to a mental or physical examination by physicians designated by the
licensing
board. The results of such examination shall be admissible in any hearing
before the
licensing
board, notwithstanding any claim of privilege under a contrary rule of law or
statute. Every person who shall accept the privilege of practicing veterinary
medicine or veterinary technology in this state or who shall file an application
for a license or registration to practice veterinary medicine or veterinary
technology in this state shall be deemed to have given that person's consent to
submit to such mental or physical examination and to have waived all objections
to the admissibility of the results in any hearing before the
licensing
board upon the grounds that the same constitutes a privileged communication. If
a licensee, registrant, or applicant fails to submit to such an examination when
properly directed to do so by the
board
director,
unless such failure is due to circumstances beyond his or her control, the
board
director
may enter a final order
upon proper
notice, hearing, and proof of such refusal
as provided in
Code Section 43-1-3.1. Any licensee,
registrant, or applicant who is prohibited from practicing veterinary medicine
or veterinary technology under this paragraph shall at reasonable intervals be
afforded an opportunity to demonstrate to the
board
director
that such person can resume or begin the practice of veterinary medicine or
veterinary technology with reasonable skill and safety to patients;
(11)
Failed to register with the
division
director as required by law. It shall be the duty of every licensee or
registrant to notify the
board
director
of any change in his or her address of record with the
board
director;
provided, however, that, for a period established by the
division
director after failure to register, a license or registration may be reinstated
by payment of a registration fee to be determined by the
licensing
board by rule and by filing of a special application therefor. After this
period has elapsed, a license or registration may be revoked for failure to
register and for failure to pay the fee as provided by law;
(12)
Engaged in the excessive prescribing or administering of drugs or treatment or
the use of diagnostic procedures which are detrimental to the patient as
determined by the customary practice and standards of the local community of
licensees;
or
knowingly prescribed controlled drug substances or any other medication without
a legitimate veterinary medical purpose; or knowingly overprescribed controlled
drug substances or other medication, in light of the condition of the patient at
the time of prescription;
(13)
Knowingly made any fraudulent, misleading, or deceptive statement in any form of
advertising or made any statement in any advertisement concerning the quality of
the veterinary services rendered by that licensed veterinarian or any licensed
veterinarian associated with him or her. For purposes of this paragraph,
'advertising' shall include any information communicated in a manner designed to
attract public attention to the practice of the licensee or
registrant;
(14)
Used, prescribed, or sold any veterinary prescription drug or prescribed an
extralabel use of any drug in the absence of a valid veterinarian-client-patient
relationship; or
(15)
Has had his or her
U.S.
United
States Drug Enforcement Administration
privileges restricted or revoked.
(b)
The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act,' with respect to emergency action by the
board
director
and summary suspension of a license or registration are adopted and incorporated
by reference into this chapter.
(c)
For purposes of this Code section, the
board
director
may obtain, and is authorized to subpoena, upon reasonable grounds, any and all
records relating to the mental or physical condition of a licensee, registrant,
or applicant, and such records shall be admissible in any hearing before the
licensing
board.
(d)
When the
board
director
finds that any person is unqualified to be granted a license or registration or
finds that any person should be disciplined pursuant to subsection (a) of this
Code section, the
board
director
may take any one or more of the following actions:
(1)
Refuse to grant or renew a license or registration to an applicant;
(2)
Administer a public or private reprimand, but a private reprimand shall not be
disclosed to anyone other than the person reprimanded;
(3)
Suspend any license or registration for a definite period or for an indefinite
period in connection with any condition which may be attached to the restoration
of said license or registration;
(4)
Limit or restrict any license or registration as the
board
director
deems necessary for the protection of the public;
(5)
Revoke any license or registration; or
(6)
Condition the penalty upon, or withhold formal disposition pending, the
applicant's, registrant's, or licensee's submission to such care, counseling, or
treatment as the
board
director
may direct.
(e)
In addition to and in conjunction with the actions described in subsection (d)
of this Code section, the
board
director
may make a finding adverse to the licensee, registrant, or applicant but
withhold imposition of judgment and penalty; or
it
the
director may impose the judgment and
penalty but suspend enforcement thereof and place the licensee or registrant on
probation, which
probation
may be vacated upon noncompliance with such reasonable terms as the
board
director
may impose.
(f)
An order or
action of the director entered pursuant to this Code section shall be made in
compliance with Code Section 43-1-3.1.
Initial judicial review of a final decision of the
licensing
board shall be had solely in the
superior
court of the county of domicile of the
board
Superior Court
of Bibb County.
(g)
In
its
his or
her discretion, the
board
director
may reinstate a license or registration which has been revoked or issue a
license or registration which has been denied or refused, following such
procedures as the
licensing
board may prescribe by rule; and, as a condition thereof,
it
the
director may impose any disciplinary or
corrective method provided in this chapter.
(h)(1)
The
division
director is authorized to make, or cause to be made
through
employees or contract agents of the board,
such investigations as he or she
or the
board may deem necessary or proper for the
enforcement of the provisions of this chapter. Any person properly conducting
an investigation on behalf of the
board
director
shall have access to and may examine any writing, document, or other material
relating to the fitness of any licensee, registrant, or applicant. The
division
director or
his or her appointed representative may
issue subpoenas to compel such access upon a determination that reasonable
grounds exist for the belief that a violation of this chapter or any other law
relating to the practice of veterinary medicine or veterinary technology may
have taken place.
(2)
The results of all investigations initiated by the
board
director
shall be reported solely to the
licensing
board in the
event a petition for a hearing vefore the licensing board is
made, and the records of such
investigations shall be kept for the
licensing
board by the
division
director,
with the board retaining the right to have access at any time to such
records. No part of any such records
shall be
released,
except to the board, for any purpose other
than a hearing before the
licensing
board, nor shall such records be subject to subpoena; provided, however, that
the
board
director
shall be authorized to release such records to another enforcement agency or
lawful licensing authority.
(3)
The
licensing
board shall have the authority to exclude all persons during its deliberations
on disciplinary proceedings
and.
The licensing board and the director shall have the
authority to discuss any disciplinary
matter in private with a licensee, registrant, or applicant and the legal
counsel of that licensee, registrant, or applicant.
(i)
A person, firm, corporation, association, authority, or other entity shall be
immune from civil and criminal liability for reporting or investigating the acts
or omissions of a licensee, registrant, or applicant which violate the
provisions of subsection (a) of this Code section or any other provision of law
relating to a licensee's, registrant's, or applicant's fitness to practice as a
licensed veterinarian or registered veterinary technician or for initiating or
conducting proceedings against such licensee, registrant, or applicant, if such
report is made or action is taken in good faith, without fraud or malice. Any
person who testifies or who makes a recommendation to the
licensing
board or the
director in the nature of peer review, in
good faith, without fraud or malice, before the
licensing
board in any proceeding involving the provisions of subsection (a) of this Code
section or any other law relating to a licensee's, registrant's, or applicant's
fitness to practice as a licensed veterinarian or registered veterinary
technician shall be immune from civil and criminal liability for so
testifying.
(j)
Neither
a
A
denial of a license or registration on grounds other than those enumerated in
subsection (a) of this Code
section,
nor
the issuance of a private
reprimand,
nor
the denial of a license or registration by endorsement
nor,
the denial of a request for reinstatement of a revoked license or registration
nor,
and the refusal to issue a previously
denied license or registration shall be
made in
compliance with Code Section 43-1-3.1
considered
to be a contested case within the meaning of Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of
Chapter 13 of Title 50 shall not be required, but the applicant, registrant, or
licensee shall be allowed to appear before the board if he or she so
requests.
(k)
If any
licensee, registrant, or applicant fails to appear at any hearing after
reasonable notice, the board may proceed to hear the evidence against such
licensee, registrant, or applicant and take action as if such licensee,
registrant, or applicant had been present. A notice of hearing, initial or
recommended decision, or final decision of the board in a disciplinary
proceeding shall be served upon the licensee, registrant, or applicant by
certified mail or statutory overnight delivery, return receipt requested, to the
last known address of record with the board. If such material is returned
marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the
licensee, registrant, or applicant cannot, after diligent effort, be located,
the division director shall be deemed to be the agent for service for such
licensee, registrant, or applicant for purposes of this Code section, and
service upon the division director shall be deemed to be service upon the
licensee, registrant, or applicant.
Reserved.
(l)
The voluntary surrender of a license or registration shall have the same effect
as a revocation of the license or registration, subject to reinstatement in the
discretion of the
board
director.
(m)
This Code section shall apply equally to all licensees, registrants, or
applicants whether individuals, partners, or members of any other incorporated
or unincorporated associations, corporations, or other associations of any kind
whatsoever.
(n)
All subpoenas issued pursuant to the authority granted in this chapter shall be
subject to the general rules of law with respect to distance, tender of fees and
expenses, and protective orders; and any motion made with respect thereto shall
be made to and passed on by a judge of the superior court of the county of
residence of the person to whom the subpoena is directed.
(o)
Any proceeding or administrative action instituted under this Code section shall
be governed by the provisions of this Code section as they existed in full force
and effect on the date of the commission of the act or acts constituting a
violation of this Code section, except as otherwise specifically declared by the
General Assembly.
43-50-42.
(a)
The
board
director
may issue a temporary license to the following applicants who are qualified to
take the veterinary license examination:
(1)
An applicant licensed in another state. Such license shall have the same force
and effect as a permanent license until the time of its expiration;
and
(2)
An applicant who is not the holder of any veterinary license. Such license
shall authorize the applicant to work under the supervision of a licensed
veterinarian as provided by the
board
director.
(b)
The temporary license shall expire on the date that permanent licenses are
issued to persons who have passed the examination provided for in Code Section
43-50-32,
which
if
the examination occurred immediately
following the issuance of the temporary license.
(c)
A temporary license issued pursuant to this Code section may, in the discretion
of the
board
director,
be renewed for one six-month period only; provided, however, that no temporary
license shall be issued, renewed, or reissued to a person who fails to pass the
examination established by the
licensing
board.
43-50-43.
The
board
director
may, in
its
his or
her discretion, issue a veterinary faculty
license to any qualified applicant associated with one of this state's
institutions of higher learning and involved either in research activities
within such institution or in the instructional program of either undergraduate
or graduate veterinary medical students, subject to the following
conditions:
(1)
That the holder of the veterinary faculty license shall be remunerated for the
practice aspects of his or her services solely from state, federal, or
institutional funds and not from the patient-owner beneficiary of his or her
practice efforts;
(2)
That the applicant will furnish the
board
director
with such proof as the
board
director
may deem necessary to demonstrate that the applicant is a graduate of a
reputable school or college of veterinary medicine; that the applicant has or
will have a faculty position at an institution which meets the requirements of
paragraph (1) of this Code section, as certified by an authorized administrative
official at such institution; and that the applicant understands and agrees that
the faculty license is valid only for the practice of veterinary medicine as a
faculty member of the institution;
(3)
That the license issued under this Code section may be revoked or suspended or
the licensee may be otherwise disciplined in accordance with Code Section
43-50-41; and
(4)
That the license issued under this Code section may be canceled by the
board
director
upon receipt of information that the holder of the veterinary faculty license
has left or has otherwise been discontinued from faculty employment at an
institution of higher learning of this state.
43-50-44.
This
article shall not be construed to prohibit:
(1)(A)
An employee of the federal, state, or local government or any contractual
partner thereof from performing his or her duties relating to animals owned by
or on loan to such employer or the control of stray animals; or
(B)
Any employee of a public or private college or university from performing his or
her duties relating to animals owned by or on loan to such
employer;
(2)
A person who is a regular student in a veterinary school or school of veterinary
technology performing duties or actions assigned by his or her instructors or
working under the supervision of a licensed veterinarian;
(3)
A person, compensated or otherwise, from performing acceptable livestock
management practices,
which
practices shall include
including,
but not
be
limited to, castration of food animals, dehorning without the use of
prescription drugs or surgical closure of wounds, hoof trimming or shoeing,
docking, ear notching, removing needle teeth, testing for pregnancy,
implantation of over-the-counter growth implants, implantation of
over-the-counter identification devices, artificial insemination, the use of
federally approved over-the-counter products, branding, collecting of fluids for
genetic identification and classification, semen collection and storage, and the
use of ultrasound for collection of production data and similar nondiagnostic
purposes;
(4)
A person assisting with a nonsurgical fetal delivery in a food animal, provided
that no fee is charged;
(5)
The actions of a veterinarian currently licensed in another state, province of
Canada, or a United States territory in consulting with a licensee of this state
but who:
(A)
Does not open an office or appoint a place to do business within this
state;
(B)
Does not print or use letterhead or business cards reflecting in-state
addresses;
(C)
Does not establish answering services or advertise the existence of a practice
address within this state;
(D)
Does not practice veterinary medicine as a consultant rendering services
directly to the public without the direction of a licensed veterinarian of this
state more than two days per calendar year; and
(E)
Is providing services for an organization conducting a public event lasting less
than ten days that utilizes animals in need of veterinary examinations,
treatments, or oversight to promote the safety and health of the public, the
event, and the animal participants; provided, however, that a veterinarian
licensed in another state who practices veterinary medicine on animals belonging
to residents of this state by communicating directly with such owners and
independent of the attending veterinary licensee is not exempt from this state's
licensing requirements;
(6)
Any merchant or manufacturer selling, at his or her regular place of business,
medicines, feed, appliances, or other products used in the prevention or
treatment of animal diseases. This shall not be construed to authorize the sale
of medicines which must be obtained by a prescription from a pharmacist but
shall only include the right to sell those medicines which are classified as
proprietary and which are commonly known as over-the-counter
medicines;
(7)(A)
The owner of an animal or the owner's full-time regular employee caring for and
treating the animal belonging to such owner; or
(B)
The owner's friend or relative caring for or treating the animal belonging to
such owner, provided that no fee is charged and the friend or relative does not
solicit, advertise, or regularly engage in providing such care or treatment or
administer or dispense prescription drugs without a valid
prescription;
(8)
The owner, operator, or employee of a licensed kennel, animal shelter, or stable
or of a pet-sitting service providing food, shelter, or supervision of an animal
or administering prescription drugs pursuant to prescription of a licensed
veterinarian or over-the-counter medicine to an animal;
(9)
A member of the faculty, a resident, an intern, or a graduate student of an
accredited college or school of veterinary medicine or school of veterinary
technology performing his or her regular nonclinical functions or a person
lecturing or giving instructions or demonstrations at an accredited college or
school of veterinary medicine or school of veterinary technology in connection
with a continuing education course or seminar;
(10)
Any person selling or applying any pesticide, insecticide, or
herbicide;
(11)
Any person engaging in bona fide scientific research which reasonably requires
experimentation involving animals;
(12)
Any person performing artificial insemination;
(13)
An employee of a licensed veterinarian administering prescribed care to an
animal under the appropriate supervision of the veterinarian;
(14)
A graduate of a foreign college or school of veterinary medicine who is in the
process of obtaining the ECFVG certificate or its substantial equivalent
performing duties or actions under the direct supervision of a licensed
veterinarian;
(15)
The owner of an animal, the owner's employee, or a member of a nationally
recognized organization that acknowledges individuals performing embryo transfer
or artificial breeding and
which
organization
that
is approved by the
licensing
board from:
(A)
The nonsurgical removal of an embryo from an animal for the purpose of
transplanting such embryo into another female animal, cryopreserving such
embryo, or implanting such embryo in an animal, provided that the use of
prescription medications in such animals is maintained under the direction of a
licensed veterinarian with a valid veterinarian-client-patient relationship;
or
(B)
The testing and evaluation of semen;
(16)
Any other licensed or registered health care provider utilizing his or her
special skills so long as the treatment of the animal is under the direction of
a licensed veterinarian with a valid veterinary-client-patient
relationship;
(17)
A person performing soft tissue animal massage or other forms of soft tissue
animal manipulation;
(18)
A person performing aquaculture or raniculture management
practices;
(19)
A person implanting electronic identification devices in small companion
animals; or
(20)
An employee or contractual partner of a zoological park or aquarium accredited
by the American Zoo and Aquarium Association or other substantially equivalent
nationally recognized accrediting agency as determined by the
licensing
board from performing his or her duties that are approved by a licensed
veterinarian and relate to animals owned by or on loan to such zoological park
or aquarium.
43-50-45.
(a)
Any person who practices veterinary medicine without a valid license in
violation of this article shall be guilty of the misdemeanor offense of
practicing veterinary medicine without a license and, upon conviction thereof,
shall be punished as provided in this Code section, provided that each act of
such unlawful practice shall constitute a distinct and separate
offense.
(b)
Upon being convicted a first time under this Code section, such person shall be
punished by a fine of not more than $500.00 for each offense. Upon being
convicted a second or subsequent time under this Code section, such person shall
be punished by a fine of not more than $1,000.00 for each offense, imprisonment
for not more than 12 months, or both such fine and imprisonment.
(c)
The
board
director
or any citizen of this state may bring an action to enjoin any person from
practicing veterinary medicine without a valid license. If the court finds that
the person is violating, or is threatening to violate, this article, it shall
enter an injunction restraining him or her from such unlawful acts.
(d)
The successful maintenance of an action based on any one of the remedies set
forth in this Code section shall in no way prejudice the prosecution of an
action based on any other of the remedies.
Part
3
43-50-50.
It
is the purpose of this part to encourage more effective utilization of the
skills of licensed veterinarians by enabling them to delegate certain veterinary
health care tasks to veterinary technicians where such delegation is consistent
with the animal patient's health and welfare.
43-50-51.
(a)
Subject to the provisions of this Code section, the practice of veterinary
technology by a veterinary technician shall not be a violation of subsection (a)
of Code Section 43-50-30 or subsection (a) of Code Section
43-50-45.
(b)
No veterinary technician shall make a diagnosis or prognosis, prescribe
treatment, perform surgery, or prescribe medication for any animal.
43-50-52.
(a)(1)
Any person desiring to work as a veterinary technician in this state shall apply
to the
board
director
for a certificate of registration as a veterinary technician. All such
applications shall be made on forms
approved by
the licensing board and provided by the
board
director
and shall be accompanied by such fee as may be required by the
licensing
board.
(2)
The application shall include evidence, satisfactory to the
board
director,
that:
(A)
The applicant has attained the age of 18;
(B)
The applicant is of good moral character;
(C)(i)
The applicant is a graduate of a college or technical school course of study in
veterinary technology from an institution accredited by the American Veterinary
Medical Association, including without limitation instruction in the operation
of life sustaining oxygen equipment, and has successfully passed an examination
required by the
licensing
board; or
(ii)
The applicant has successfully completed a college course of study in the care
and treatment of animals from an institution having a curriculum approved by the
licensing
board, including without limitation instruction in the operation of life
sustaining oxygen equipment, and has successfully passed an examination required
by the
licensing
board; and
(D)
The applicant meets such other qualifications or provides such other information
as the
board
director
may require by rule or regulation.
(b)
Until July 1, 2009, any person who during the period from July 1, 1993, through
June 30, 2008, acquired a minimum of five years' experience assisting a licensed
veterinarian may, with a signed affidavit from his or her supervising
veterinarian attesting to his or her level of on-the-job training, be allowed to
take the examination approved by the
licensing
board. Upon
the
applicant's receiving a passing grade on
such examination, the
board
director
may issue a certificate of registration. The
board
director
shall provide a list of appropriate study materials to candidates.
(c)
Until January 1, 2005, any person who at any time prior to July 1, 2003, was
certified as a veterinary technician in this state shall be entitled to renew
such registration without examination and without meeting any requirements of
subparagraph (a)(2)(C) of this Code section.
(d)
The
board
director
may issue a certificate of registration to an applicant if the applicant is
currently registered in another state having standards for admission
substantially the same as this state and such standards were in effect at the
time the applicant was first admitted to practice in the other
state.
(e)
The
board
director
shall be responsible for registering any person who wishes to practice as a
veterinary technician in this state and in accordance with this part shall
govern such practice by
licensing
board rule or regulation as the
licensing
board deems appropriate and necessary for the protection of the public health,
safety, and general welfare.
43-50-53.
(a)
The
board
director
shall hold at least one registration examination for applicants annually or
allow applicants to take automated tests at such locations and at such times as
determined by the
board
director.
(b)
The
licensing
board shall establish rules or regulations governing the preparation,
administration, and grading of the examination. The
licensing
board may adopt the National Veterinary Technicians Examination prepared by the
Professional Examination Service or any other such examination prepared to the
licensing
board's standards and satisfaction.
(c)
The
licensing
board shall establish by rule or regulation the score needed to pass any
examination.
(d)
If an applicant fails an examination, the applicant may take a subsequent
examination upon payment of the registration and examination fees. No person
may take the examination more than three times without review and approval by
the
board
director
under such circumstances as the
licensing
board deems appropriate.
(e)
Any veterinary technician in this state whose certificate of registration has
been on inactive status for at least five consecutive years and who desires to
reactivate such registration shall be required to take continuing education, pay
all fees, and meet all other requirements and
licensing
board rules or regulations for registration as a veterinary technician. It
shall be the duty of the
licensing
board to approve study materials that may be used to assist such persons in
preparing for any examination.
43-50-54.
(a)
Any veterinary technician must at all times be under the supervision of a
licensed veterinarian whenever practicing veterinary technology in this state.
The level of supervision shall be consistent with the delegated animal health
care task. Subject to the provisions of subsection (b) of Code Section
43-50-51, a licensed veterinarian may in his or her discretion delegate any
animal health care task to a veterinary technician; provided, however, that the
licensing
board may establish by rules or regulations, in such general or specific terms
as it deems necessary and appropriate for purposes of this part, the level of
supervision, whether direct supervision, immediate supervision, or indirect
supervision, that is required by the licensed veterinarian for any delegated
animal health care task to be performed by a veterinary technician. Such rules
or regulations may require lower levels of supervision for veterinary
technicians as compared to veterinary assistants performing the same or similar
animal health care tasks.
(b)
Specifically and without limitation, the
board
director
may take disciplinary action against a veterinary technician if the
technician:
(1)
Solicits patients from a licensed veterinarian;
(2)
Solicits or receives any form of compensation from any person for veterinary
services rendered other than from the licensed veterinarian or corporation under
whom the veterinary technician is employed;
(3)
Willfully or negligently divulges a professional confidence or discusses a
licensed veterinarian's diagnosis or treatment without the express permission of
the licensed veterinarian; or
(4)
Demonstrates a manifest incapability or incompetence to perform as a veterinary
technician.
(c)
A veterinary technician shall not be utilized in any manner which would be in
violation of this article.
(d)
A veterinary technician shall not be utilized to perform the duties of a
pharmacist licensed under Chapter 4 of Title 26.
(e)
Any disciplinary action of the director taken pursuant to this Code section
shall be made in compliance with Code Section 43-1-3.1.
43-50-55.
(a)
Any licensed veterinarian, animal clinic, or animal hospital using veterinary
technicians shall post a notice to that effect in a prominent
place.
(b)
A veterinary technician must clearly identify himself or herself as such in
order to ensure that he or she is not mistaken by the public as a licensed
veterinarian. This may be accomplished, for example, by the wearing of an
appropriate name tag. Any time the veterinary technician's name appears in a
professional setting, his or her status must be shown as 'veterinary
technician.'
(c)(1)
No licensed veterinarian shall have more than four veterinary technicians on
duty under his or her supervision at any one time.
(2)
No licensed veterinarian shall practice veterinary medicine at a veterinary
facility when the number of veterinary technicians employed at such veterinary
facility exceeds the number of licensed veterinarians regularly engaged in the
practice of veterinary medicine at such veterinary facility by a ratio of more
than 2:1.
(3)
The provisions of paragraphs (1) and (2) of this subsection shall not apply to
any licensed veterinarian engaged in a specialty practice if he or she is
certified for such specialty practice by a college approved for such purpose by
the American Veterinary Medical Association or its successor organization;
provided, however, that no such licensed veterinarian shall engage in such
specialty practice at a veterinary facility when the number of veterinary
technicians employed at such veterinary facility exceeds the number of licensed
veterinarians regularly engaged in a specialty practice of veterinary medicine
at such veterinary facility by a ratio of more than 5:1.
43-50-56.
A
veterinarian who utilizes a veterinary technician shall be responsible for any
violation of any limitations which are placed on the duties of a veterinary
technician.
ARTICLE
3A
43-50-60.
It
is the purpose of this article to encourage more effective utilization of the
skills of licensed veterinarians by enabling them to delegate certain veterinary
health care tasks to veterinary assistants where such delegation is consistent
with the animal patient's health and welfare.
43-50-61.
(a)
Subject to the provisions of this Code section, the practice of veterinary
technology by a veterinary assistant shall not be a violation of subsection (a)
of Code Section 43-50-30 or subsection (a) of Code Section
43-50-45.
(b)
No veterinary assistant shall make a diagnosis or prognosis, prescribe
treatment, perform surgery, prescribe medication, perform a nonemergency
intubation, induce anesthesia, perform central venous catheterization, or
perform arterial catheterization and arterial collection for any
animal.
43-50-62.
(a)
Any veterinary assistant must at all times be under the supervision of a
licensed veterinarian whenever practicing veterinary technology in this state.
The level of supervision shall be consistent with the delegated animal health
care task. Subject to the provisions of subsection (b) of Code Section
43-50-61, a licensed veterinarian may in his or her discretion delegate any
animal health care task to a veterinary assistant; provided, however, that the
licensing
board may establish by rules or regulations, in such general or specific terms
as it deems necessary and appropriate for purposes of this article, the level of
supervision, whether direct supervision, immediate supervision, or indirect
supervision, that is required by the licensed veterinarian for any delegated
animal health care task to be performed by a veterinary assistant. Such rules
or regulations may require higher levels of supervision for veterinary
assistants as compared to veterinary technicians performing the same or similar
animal health care tasks.
(b)
A veterinary assistant shall not be utilized in any manner which would be in
violation of this article.
(c)
A veterinary assistant shall not be utilized to perform the duties of a
pharmacist licensed under Chapter 4 of Title 26.
43-50-63.
(a)
Any licensed veterinarian, animal clinic, or animal hospital using veterinary
assistants shall post a notice to that effect in a prominent place.
(b)
A veterinary assistant must clearly identify himself or herself as such in order
to ensure that he or she is not mistaken by the public as a licensed
veterinarian. This may be accomplished, for example, by the wearing of an
appropriate name tag. Any time the veterinary assistant's name appears in a
professional setting, his or her status must be shown as 'veterinary
assistant.'
43-50-64.
A
veterinarian who utilizes a veterinary assistant shall be responsible for any
violation of any limitations which are placed on the duties of a veterinary
assistant.
ARTICLE
4
43-50-80.
Any
person who gratuitously and in good faith administers emergency treatment to a
sick or injured animal at the scene of an accident or emergency shall not be in
violation of this chapter and shall not be liable to the owner of such animal in
any civil action for damages; provided, however, that this Code section shall
not provide immunity for acts of gross negligence."
SECTION
1-40.
Said
title is further amended by revising Chapter 51, relating to water and
wastewater treatment plant operators and laboratory analysts, as
follows:
"CHAPTER
51
43-51-1.
This
chapter shall be known and may be cited as the 'Certification of Water and
Wastewater Treatment Plant Operators and Laboratory Analysts Act.'
43-51-2.
As
used in this chapter, the term:
(1)
'Board' means the State Board of Examiners for Certification of Water and
Wastewater Treatment Plant Operators and Laboratory
Analysts, a
professional licensing policy board pursuant to Chapter 1 of this title with the
authority and responsibility set forth in such
chapter.
(2)
'Certificate' means a document issued by the
board
director
stating that the operator or laboratory analyst has met the requirements for the
specified operator classification of the certification program.
(3)
'Director' means the director of
the
Division of Environmental Protection of the Department of Natural
Resources
professional
licensing.
(4)
'Division' means the
Division
of Environmental Protection
Division
of the Department of Natural Resources.
(5)
'Laboratory analyst' means any person who tests water or wastewater samples in
conjunction with the operation of public water supply systems or wastewater
treatment plants.
(5.1)
'Licensing board' means the Georgia Board of Licensing and Regulation created by
Article 2 of Chapter 1 of this title.
(6)
'Operator' means any person who performs operational duties and water treatment
plant and wastewater treatment plant laboratory testing for reporting purposes
for operator classifications I and II, as defined by the
licensing
board, at wastewater treatment plants, wastewater collection systems, water
distribution systems, or public water supply systems.
(7)
'Person' means any individual, corporation, company, association, partnership,
county, municipality, state agency, federal agency, or other
entity.
(8)
'Public water supply system' means the system of pipes, structures, and
facilities through which water is obtained and treated to be offered to the
public for household use or for any other public consumption.
(9)
'Wastewater collection system' means the system of sanitary sewers, pipes,
manholes, pumps, and other such apparatus used to convey sewage to wastewater
treatment plants.
(10)
'Wastewater treatment plant' means the facilities provided for the treatment and
disposal of wastewater, including industrial process wastewater.
(11)
'Water distribution system' means the system of pipes, pumps, valves, and other
such apparatus used to distribute water to the public.
(12)
'Water treatment plant' means that portion of the water supply system which in
some way alters the physical, chemical, or bacteriological quality of the
water.
43-51-3.
(a)
There is created the State Board of Examiners for Certification of Water and
Wastewater Treatment Plant Operators and Laboratory Analysts
as a
professional licensing policy board. The
board shall be composed of six members to be appointed by the Governor. The
appointments shall be made as follows: one member from the technical staff of
the Environmental Protection Division of the Department of Natural Resources;
one member who is a currently employed public water supply system operator
holding a valid certificate of the highest classification issued by the
board
director;
one member who is a currently employed wastewater treatment plant operator
holding a valid certificate of the highest classification issued by the
board
director;
one member who is an employee of a municipality or county required to employ a
certified operator and who holds the position of municipal or county manager,
engineer, director of public works, or director of water supply and water
pollution control; and one member who is a consultant in the field of water
supply and water pollution control or who is engaged in teaching or
administering courses in water supply and water pollution control in an
educational institution in this state. The sixth member shall be appointed from
the public at large and shall have no connection whatsoever with the water and
wastewater treatment industry. The initial term for the member appointed from
the public at large shall expire June 30, 1984; thereafter, the Governor shall
appoint successors for a term of four years. The other five members of the
board shall serve four-year terms, which
terms
shall be staggered so that the terms of two members shall expire one year and
the term of one member shall expire in each of the following three years. No
member of the board may serve more than two consecutive full terms.
(b)
The Governor may fill any vacancy in the appointed membership of the board and
may remove any appointed member for cause.
(c)
The members of the board shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
(d)
The members of the board shall meet for an organization meeting at the call of
the
division
director, within 60 days after their appointments and thereafter at least twice
a year, at such time and place as may be provided by rules and regulations
adopted and promulgated by them; provided, however, that special meetings may be
called by the
chairman
chairperson,
with the approval of the director, or the
division
director at such time and under such circumstances as they may deem necessary
and proper; and, provided, further, that any notice of such meeting shall be
given all members in writing at least ten days prior to the date of the
meeting.
(e)
At the first meeting of the board and annually thereafter, the members shall
elect one of its members to serve as
chairman
chairperson
and one to serve as
vice-chairman
vice
chairperson.
43-51-4.
The
division
director shall act as the administrative agent for the board and
shall, with
respect to the board, exercise those
powers and duties conferred on
him
the
director by Chapter 1 of this
title.
43-51-5.
The
licensing
board shall have the authority to adopt such rules and regulations as may be
necessary to administer this chapter and effectuate the purposes expressed in
this chapter. The rules and regulations shall include, but are not limited to,
provisions establishing qualifications of applicants and procedures for
examination of candidates.
43-51-6.
(a)
The
board
director
shall certify persons as to their qualifications to operate wastewater treatment
plants, wastewater collection systems, water distribution systems, or public
water supply systems
in accordance
with rules and regulations promulgated by the licensing
board.
(b)
Any person who operates a wastewater treatment plant, wastewater collection
system, water distribution system, or public water supply system shall obtain a
certificate from the
board
director;
provided, however, that each industrial wastewater treatment or pretreatment
facility, wastewater collection system, or distribution system shall be required
to have only one responsible operator obtain such a certificate; and provided,
further, that any person who is operating a wastewater treatment plant on July
1, 1991, and who is required to obtain a certificate on or after July 1, 1991,
but who was not required to have a certificate prior to said date, shall have
until July 1, 1996, to obtain such certificate without being in violation of
this chapter; provided, further, that no such person who is operating without a
certificate a wastewater treatment plant on July 1, 1991, shall be authorized to
operate any other wastewater treatment plant after July 1, 1991, without a
certificate as required by the
licensing
board. Such person shall make application to the
board
director
for such certificate,
which
application shall be accompanied by a fee
in an amount established by the
licensing
board.
(c)(1)
Any laboratory analyst who conducts certain tests, as defined by the
licensing
board, of water or wastewater samples in conjunction with the operation of
public water supply systems or wastewater treatment plants shall obtain a
certificate from the
board
director;
provided, however, that any industrial wastewater or pretreatment plant shall be
required to have only one responsible analyst obtain such a certificate, and any
other analyst in that facility shall be supervised by such person. Such persons
shall make application to the
board
director
for such a certificate,
which
application shall be accompanied by a fee
in an amount established by the
licensing
board; provided, however, that until July 1, 1993, any person who has obtained
or shall obtain certification by the
board
director
as an operator under this chapter shall not be required to obtain a certificate
from the
board
director
to provide services as a laboratory analyst.
(2)
Notwithstanding the provisions of paragraph (1) of this subsection, any person
who possesses certification by the
board
director
as Class I and II operators of a water treatment plant or wastewater treatment
plant shall not be required to obtain a certificate to perform the duties of a
laboratory analyst in conducting certain tests for reporting purposes as defined
by the
licensing
board.
(d)
Any certificate granted under this chapter shall be renewable biennially.
Application for renewal of certificates shall be accompanied by a renewal fee in
an amount established by the
licensing
board. The
licensing
board shall be authorized to require continuing education as a condition of
certificate renewal. The
board
director
shall be authorized to waive the continuing education requirement in cases of
hardship, disability, or illness or under such other circumstances as the
licensing
board deems appropriate.
(e)
The
licensing
board may establish a training period during which a certificate is not
required.
(f)
Any person who possesses certification by the
board
director
as an operator of a public water supply system shall not be required to obtain a
certificate to operate a water distribution system.
(g)
Any person who possesses certification by the
board
director
as an operator of a wastewater treatment plant shall not be required to obtain a
certificate to operate a wastewater collection system.
43-51-6.1.
(a)
In addition to current classifications I, II, and III,
the
division shall establish
there is
established a new classification to be
known as Class IV which
designation
shall apply to all very small public water supply systems in this state which
are ground-water systems serving a population of less than 1,000.
(b)
The
board
director
shall certify persons as to their qualifications to operate a very small public
water supply system.
(c)
Any person who operates a very small public water supply system shall obtain a
certificate from the
board
director.
A requirement for such certification shall be the successful completion of a
basic six-hour course of training approved by the
licensing
board. No person
being
certified prior to July 1, 2000, shall be required to possess a high school
diploma or its equivalent.
(d)
A certificate granted under this Code section shall be renewable biennially.
Application for renewal of certificates shall be accompanied by a renewal fee in
an amount established by the
licensing
board.
43-51-7.
Board
Licensing
board approved examinations shall be used
in determining the knowledge, ability, and judgment of applicants for
certification as operators or laboratory analysts except for applications
submitted prior to July 1, 2000, for Class IV level certifications. Such
examinations shall be given at least six times annually.
43-51-8.
The
board
director,
upon application, may issue a certificate without examination to any person who
holds a certificate in good standing issued by another country or by any state,
territory, or possession of the United States which has requirements for
certification substantially similar to those of the
licensing
board.
43-51-9.
The
board
director
may investigate the actions of any operator or laboratory analyst and may revoke
or suspend the certificate of an operator or laboratory
analyst,
following a hearing conducted in accordance with Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act,'
in compliance
with Code Section 43-1-3.1 when it is
found that the operator or laboratory analyst has practiced fraud or deception;
that reasonable care, judgment, or the application of his
or
her knowledge or ability was not used in
the performance of his
or
her duties; or that the operator or
laboratory analyst is incompetent or unable to perform his
or
her duties properly.
43-51-10.
The
division
licensing
board shall classify all public water
supply systems and wastewater treatment plants with due regard to the size,
type, character of water or wastewater to be treated, and other physical
conditions affecting such systems or treatment plants, according to the skill,
knowledge, and experience that the operator in responsible charge must have to
operate the facilities successfully so as to protect the public health and
welfare and prevent unlawful pollution.
43-51-11.
Notwithstanding
any other provisions of this chapter, any state agency which operates and
maintains facilities contemplated by this chapter shall be required to have a
minimum of one licensed operator in each departmental district.
43-51-12.
The
director is authorized where appropriate to include, as a condition in a permit
issued pursuant to Part 5 of Article 3 of Chapter 5 of Title 12, the 'Georgia
Safe Drinking Water Act of 1977,' or Article 2 of Chapter 5 of Title 12, the
'Georgia Water Quality Control Act,' a requirement that the operator and
laboratory analyst be duly certified in accordance with this
chapter.
43-51-13.
(a)
Whenever, in the judgment of the director, any person has engaged in, is
currently engaged in, or is about to engage in any act or practice which
constitutes or will constitute an unlawful action under this chapter, he
or
she may make application to the superior
court of the county in which the unlawful act or practice has been or is about
to be engaged in for an order enjoining such act or practice or for an order
requiring compliance with this chapter; and, upon a showing by the director that
such person has engaged in or is about to engage in any such act or practice, a
permanent or temporary injunction, restraining order, or other order shall be
granted without the necessity of showing lack of an adequate remedy at
law.
(b)
The director may file in the superior court of the county wherein the person
under order resided, or, if said person is a corporation, in the county wherein
the corporation maintains its principal place of business or in the county
wherein the violation occurred, a certified copy of a final order issued
pursuant to subsection (d) of Code Section 43-51-14 and unappealed from or a
final order issued pursuant to subsection (d) of Code Section 43-51-14 affirmed
upon appeal; whereupon the court shall render judgment in accordance therewith
and notify the parties. Such judgment shall have the same effect and all
proceedings in relation thereto shall thereafter be the same as though the
judgment has been rendered in an action duly heard and determined by the
court.
43-51-14.
(a)
It shall be unlawful for any person to perform the duties of an operator or
laboratory analyst without being duly certified under this chapter.
(b)
It shall be unlawful for any water or wastewater treatment plant to be operated
in Georgia by a person or persons not certified under this chapter.
(c)(1)
Any person violating this chapter shall be liable for a civil penalty not to
exceed $500.00 for each day during which such violation continues.
(2)
Any person willfully violating this chapter shall be liable for a civil penalty
not to exceed $5,000.00 for each day during which such violation
continues.
(d)
Whenever the director has reason to believe that any person has violated any
provision of this chapter,
he
the
director
may, upon
written request, cause a hearing to be conducted before a hearing officer
appointed by the Board of Natural Resources.
Upon
make
a finding that such person has violated any provision of this
chapter,
such hearing officer
and
shall issue
his initial
decision and
an
order imposing such civil penalties as are provided in this Code section.
Such
hearing and any administrative or judicial review thereof shall be conducted in
accordance with subsection (c) of Code Section
12-2-2.
An order of
the director entered pursuant to this Code section shall be made in compliance
with Code Section
43-1-3.1."
PART
II
SECTION 2-1.
SECTION 2-1.
Article
1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating
to general provisions relative to animal protection,, is amended by revising
Code Section 4-11-5.1, relating to euthanasia of dogs and cats by animal
shelters or facilities operated for collection of stray, neglected, abandoned,
or unwanted animals, as follows:
"4-11-5.1.
(a)
Except as provided in subsection (b) of this Code section, the use of sodium
pentobarbital or a derivative of it shall be the exclusive method for euthanasia
of dogs and cats by animal shelters or other facilities which are operated for
the collection and care of stray, neglected, abandoned, or unwanted animals. A
lethal solution shall be used in the following order of preference:
(1)
Intravenous injection by hypodermic needle;
(2)
Intraperitoneal injection by hypodermic needle; or
(3)
If the dog or cat is unconscious, intracardial injection by hypodermic
needle.
(b)
Notwithstanding subsection (a) of this Code section, any substance which is
clinically proven to be as humane as sodium pentobarbital and which has been
officially recognized as such by the American Veterinary Medical Association may
be used in lieu of sodium pentobarbital to perform euthanasia on dogs and cats,
but succinylcholine chloride, curare, curariform mixtures, or any substance
which acts as a neuromuscular blocking agent may not be used on a dog or cat in
lieu of sodium pentobarbital for euthanasia purposes.
(c)
In addition to the exception provided for in subsection (b) of this Code
section, in cases of extraordinary circumstance where the dog or cat poses an
extreme risk or danger to the veterinarian, physician, or lay person performing
euthanasia, such person shall be allowed the use of any other substance or
procedure that is humane to perform euthanasia on such dangerous dog or
cat.
(d)
Under no circumstance shall a chamber using commercially bottled carbon monoxide
gas or other lethal gas or a chamber which causes a change in body oxygen by
means of altering atmospheric pressure or which is connected to an internal
combustion engine and uses the engine exhaust for euthanasia purposes be
permitted.
(e)
A dog or cat may be tranquilized with an approved and humane substance before
euthanasia is performed.
(f)
Euthanasia shall be performed by a licensed veterinarian or physician or a lay
person who is properly trained in the proper and humane use of a method of
euthanasia. Such lay person shall perform euthanasia under supervision of a
licensed veterinarian or physician. This shall not be construed so as to require
that a veterinarian or physician be present at the time euthanasia is
performed.
(g)
No dog or cat may be left unattended between the time euthanasia procedures are
first begun and the time death occurs, nor may its body be disposed of until
death is confirmed by a qualified person.
(h)
The supervising veterinarian or physician shall be subject to all record-keeping
requirements and inspection requirements of the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation pertaining to
sodium pentobarbital and other drugs authorized under subsection (b) of this
Code section and may limit the quantity of possession of sodium pentobarbital
and other drugs authorized to ensure compliance with the provisions of this Code
section."
SECTION
2-2.
Chapter
2 of Title 8 of the Official Code of Georgia Annotated, relating to standards of
construction, is amended by revising Code Section 8-2-22, relating to licensing
of trades, professions, and businesses governed by Chapter 14 of Title 43 and
rules and regulations of the State Construction Industry Licensing Board, as
follows:
"8-2-22.
Provisions
for licensing trades, professions, and businesses covered by the provisions of
this article shall be as determined by Chapter 14 of Title 43 and the rules and
regulations of the
State
Construction Industry Licensing Board created
in
State Board of
Licensing and Regulation pursuant to such
chapter."
SECTION
2-3.
Said
chapter is further amended by revising Code Section 8-2-26, relating to
enforcement of codes generally, employment and training of inspectors, and
contracts for administration and enforcement of codes, as follows:
"8-2-26.
(a)
The governing body of any municipality or county adopting any state minimum
standard code shall have the power:
(1)
To adopt by ordinance or resolution any reasonable provisions for the
enforcement of the state minimum standard codes, including procedural
requirements, provisions for hearings, provisions for appeals from decisions of
local inspectors, and any other provisions or procedures necessary to the proper
administration and enforcement of the requirements of the state minimum standard
codes;
(2)
To provide for inspection of buildings or similar structures to ensure
compliance with the state minimum standard codes;
(3)
To employ inspectors, including chief and deputy inspectors, and any other
personnel necessary for the proper enforcement of such codes and to provide for
the authority, functions, and duties of such inspectors;
(4)
To require permits and to fix charges therefor;
(5)
To contract with other municipalities or counties adopting any state minimum
standard code to administer such codes and to provide inspection and enforcement
personnel and services necessary to ensure compliance with the codes;
and
(6)
To contract with any other county or municipality whereby the parties agree that
the inspectors of each contracting party may have jurisdiction to enforce the
state minimum standard codes within the boundaries of the other contracting
party.
(b)
The commissioner shall be authorized to establish a training program for local
inspectors whereby a representative of the department, upon the request of the
governing authority of a county or municipality, may visit such county or
municipality for the purpose of training the inspectors of such county or
municipality in the effective enforcement of any state minimum standard code
adopted by such county or municipality. The commissioner may from time to time
establish regional training programs whereby the inspectors of several different
counties and municipalities may take advantage of the training made available by
such regional training programs.
(c)
No local inspector shall require any person performing work in compliance with a
state minimum standard code or variations thereto which are in conformity with
the provisions of this part to comply with the standards of any other building
code not covered by this part.
(d)(1)
In lieu of inspection by an inspector or other person employed by the governing
authority of any county or municipality, a licensed master plumber or utility
contractor shall have the option of installing a water or sewer line according
to the alternative inspection procedure described in this subsection where the
installation is on private property outside the building
underground.
(2)
If the master plumber or utility contractor elects to utilize this inspection
procedure, he or she shall file with the local inspector:
(A)
Notice that the water and sewer line will be installed in accordance with the
International Plumbing Code and will be inspected pursuant to the alternative
inspection procedure described in this subsection;
(B)
A copy of his or her master plumber or utility contractor certificate issued by
the State
Construction Industry Licensing Board
director of
professional licensing pursuant to Chapter 1 of title
43;
(C)
A copy of his or her trenching competent person certificate;
(D)
A certificate showing that a bond has been filed in accordance with paragraph
(2) of subsection (b) of Code Section 43-14-12, except that such bond shall be
in the amount of $50,000.00 and issued by a surety rated 'A,' 'Class VI,' or
better by the A. M. Best Company; and
(E)
Within five business days after completion of the installation, a sworn
certification that the water or sewer line has been installed in accordance with
the International Plumbing Code.
(3)
The department shall promulgate a standard form notice and a standard form
certificate that shall be used to administer this subsection. Local inspectors
shall make copies of the standard forms available to contractors.
(4)
The master plumber or utility contractor shall be required to pay to the
governing authority the applicable permit fee.
(5)
Upon submission of the certification required by this subsection, the local
governing authority shall be required to accept the inspection without the
necessity of further inspection or approval, except that the local governing
authority may perform an inspection at any time and may issue a stop-work order
if the work is found to be in violation of code requirements.
(6)
Any other provision of this subsection notwithstanding, the alternative
inspection procedure described in this subsection shall be applicable only to
installations on private individual single-family residential
property.
(e)(1)
Any county or municipal building permit issued in this state to a general
contractor or homebuilder for residential or commercial construction shall have
prominently printed thereon at least one inch apart from any other text on such
permit and in type size and boldness equal to or greater than any other type
size and boldness in the body of the permit the following:
'The
issuance of this permit authorizes improvements of the real property designated
herein which improvements may subject such property to mechanics' and
materialmen's liens pursuant to Part 3 of Article 8 of Chapter 14 of Title 44 of
the Official Code of Georgia Annotated. In order to protect any interest in such
property and to avoid encumbrances thereon, the owner or any person with an
interest in such property should consider contacting an attorney or purchasing a
consumer's guide to the lien laws which may be available at building supply home
centers.'
(2)
Any county or municipal construction permit, including but not limited to
mechanical, plumbing, or electrical permits, issued in this state on existing
residential or commercial property shall have prominently printed thereon at
least one inch apart from any other text on such permit and in type size and
boldness equal to or greater than any other type size and boldness in the body
of the permit the following:
'The
issuance of this permit authorizes improvements of the real property designated
herein which improvements may subject such property to mechanics' and
materialmen's liens pursuant to Part 3 of Article 8 of Chapter 14 of Title 44 of
the Official Code of Georgia Annotated. In order to protect any interest in such
property and to avoid encumbrances thereon, the owner or any person with an
interest in such property should consider contacting an attorney or purchasing a
consumer's guide to the lien laws which may be available at building supply home
centers.'
(3)
Any person or entity which is issued a permit which authorizes improvements to
new or existing residential or commercial real property shall be required
to:
(A)
Post a copy of such permit in a conspicuous place in the vicinity of such
property where such improvements are being undertaken; or
(B)
Deliver a copy of the permit to the property owner within ten days after the
permit is received.
(f)
A local inspector, including a fire service employee enforcing a state or local
fire safety standard, who specifies a code violation noted during an inspection
shall, upon the written request of the permit holder, cite in writing the
particular code book, section, and edition of the code which is the basis of the
violation.
(g)(1)
If a governing authority of a county or municipality cannot provide review of
the documents intended to demonstrate that the structure to be built is in
compliance with the Georgia State Minimum Standard Codes most recently adopted
by the Department of Community Affairs and any locally adopted ordinances and
amendments to such codes within 30 business days of receiving a written
application for permitting in accordance with the code official's plan submittal
process or inspection services within two business days of receiving a valid
written request for inspection, then, in lieu of plan review or inspection by
personnel employed by such governing authority, any person, firm, or corporation
engaged in a construction project which requires plan review or inspection shall
have the option of retaining, at its own expense, a private professional
provider to provide the required plan review or inspection. As used in this
subsection, the term 'private professional provider' means a professional
engineer who holds a certificate of registration issued under Chapter 15 of
Title 43 or a professional architect who holds a certificate of registration
issued under Chapter 4 of Title 43, who is not an employee of or otherwise
affiliated with or financially interested in the person, firm, or corporation
engaged in the construction project to be reviewed or inspected. The local
governing authority shall advise the permit applicant in writing if requested by
the applicant at the time the complete submittal application for a permit in
accordance with the code official's plan submittal process is received that the
local governing authority intends to complete the required plan review within
the time prescribed by this paragraph or that the applicant may immediately
secure the services of a private professional provider to complete the required
plan review pursuant to this subsection. The plan submittal process shall
include those procedures and approvals required by the local jurisdiction before
plan review can take place. If the local governing authority states its intent
to complete the required plan review within the time prescribed by this
paragraph, the applicant shall not be authorized to use the services of a
private professional provider as provided in this subsection. The permit
applicant and the local governing authority may agree by mutual consent to
extend the time period prescribed by this paragraph for plan review if the
characteristics of the project warrant such an extension. However, if the local
governing authority states its intent to complete the required plan review
within the time prescribed by this paragraph, or any extension thereof mutually
agreed to by the applicant and the governing authority, and does not permit the
applicant to use the services of a private professional provider and the local
governing authority fails to complete such plan review in the time prescribed by
this paragraph, or any extension thereof mutually agreed to by the applicant and
the governing authority, the local governing authority shall issue the applicant
a project initiation permit. The local governing authority shall be allowed to
limit the scope of a project initiation permit and limit the areas of the site
to which the project initiation permit may apply but shall permit the applicant
to begin work on the project, provided that portion of the initial phase of work
is compliant with applicable codes, laws, and rules. If a full permit is not
issued for the portion requested for permitting, then the governing authority
shall have an additional 20 business days to complete the review and issue the
full permit. If the plans submitted for permitting are denied for any
deficiency, the time frames and process for resubmittal shall be governed by
subparagraphs (C) through (E) of paragraph (7) of this subsection. On or before
July 1, 2007, the Board of Natural Resources shall adopt rules and regulations
governing the review of erosion and sedimentation control plans under Part 9 of
Chapter 7 of Title 12 to establish appropriate time frames for the submission
and review of revised plan submittals where a deficiency or deficiencies in the
submitted plans have been identified by the governing authority.
(2)
Any plan review or inspection conducted by a private professional provider shall
be no less extensive than plan reviews or inspections conducted by county or
municipal personnel.
(3)
The person, firm, or corporation retaining a private professional provider to
conduct a plan review or an inspection shall be required to pay to the county or
municipality which requires the plan review or inspection the same regulatory
fees and charges which would have been required had the plan review or
inspection been conducted by a county or municipal inspector.
(4)
A private professional provider performing plan reviews under this subsection
shall review construction plans to determine compliance with the Georgia State
Minimum Standard Codes most recently adopted by the Department of Community
Affairs and any locally adopted ordinances and amendments to such codes. Upon
determining that the plans reviewed comply with the applicable codes, such
private professional provider shall prepare an affidavit or affidavits on a form
adopted by the Department of Community Affairs certifying under oath that the
following is true and correct to the best of such private professional
provider's knowledge and belief and in accordance with the applicable
professional standard of care:
(A)
The plans were reviewed by the affiant who is duly authorized to perform plan
review pursuant to this subsection and who holds the appropriate license or
certifications and insurance coverage stipulated in this
subsection;
(B)
The plans comply with the Georgia State Minimum Standard Codes most recently
adopted by the Department of Community Affairs and any locally adopted
ordinances and amendments to such codes; and
(C)
The plans submitted for plan review are in conformity with plans previously
submitted to obtain governmental approvals required in the plan submittal
process and do not make a change to the project reviewed for such
approvals.
(5)
All private professional providers providing plan review or inspection services
pursuant to this subsection shall secure and maintain insurance coverage for
professional liability (errors and omissions) insurance. The limits of such
insurance shall be not less than $1 million per claim and $1 million in
aggregate coverage. Such insurance may be a practice policy or project-specific
coverage. If the insurance is a practice policy, it shall contain prior acts
coverage for the private professional provider. If the insurance is
project-specific, it shall continue in effect for two years following the
issuance of the certificate of final completion for the project. A local
enforcement agency, local building official, or local government may establish,
for private professional providers working within that jurisdiction, a system of
registration listing the private professional providers within their areas of
competency and verifying compliance with the insurance requirements of this
subsection.
(6) The private professional provider shall be empowered to perform any plan
review or inspection required by the governing authority of any county or
municipality, including, but not limited to, inspections for footings,
foundations, concrete slabs, framing, electrical, plumbing, heating ventilation
and air conditioning (HVAC), or any and all other inspections necessary or
required for the issuance of a building permit or certificate of occupancy by
the governing authority of any county or municipality, provided that the plan
review or inspection is within the scope of such private professional provider's
area of competency. Nothing in this Code section shall authorize any private
professional provider to issue a certificate of occupancy. Only a local
governing authority shall be authorized to issue a certificate of
occupancy.
(7)(A)
The permit applicant shall submit a copy of the private professional provider's
plan review report to the county or municipality. Such plan review report shall
include at a minimum all of the following:
(i)
The affidavit of the private professional provider required pursuant to this
subsection;
(ii)
The applicable fees; and
(iii)
Any documents required by the local official and any other documents necessary
to determine that the permit applicant has secured all other governmental
approvals required by law.
(B)
No more than 30 business days after receipt of a permit application and the
affidavit from the private professional provider required pursuant to this
subsection, the local building official shall issue the requested permit or
provide written notice to the permit applicant identifying the specific plan
features that do not comply with the applicable codes, as well as the specific
code chapters and sections. If the local building official does not provide a
written notice of the plan deficiencies within the prescribed 30 day period, the
permit application shall be deemed approved as a matter of law and the permit
shall be issued by the local building official on the next business
day.
(C)
If the local building official provides a written notice of plan deficiencies to
the permit applicant within the prescribed 30 day period, the 30 day period
shall be tolled pending resolution of the matter. To resolve the plan
deficiencies, the permit applicant may elect to dispute the deficiencies
pursuant to this subsection or to submit revisions to correct the
deficiencies.
(D)
If the permit applicant submits revisions to address the plan deficiencies
previously identified, the local building official shall have the remainder of
the tolled 30 day period plus an additional five business days to issue the
requested permit or to provide a second written notice to the permit applicant
stating which of the previously identified plan features remain in noncompliance
with the applicable codes, with specific reference to the relevant code chapters
and sections. If the local building official does not provide the second
written notice within the prescribed time period, the permit shall be issued by
the local building official on the next business day. In the event that the
revisions required to address the plan deficiencies or any additional revisions
submitted by the applicant require that new governmental approvals be obtained,
the applicant shall be required to obtain such approvals before a new plan
report can be submitted.
(E)
If the local building official provides a second written notice of plan
deficiencies to the permit applicant within the prescribed time period, the
permit applicant may elect to dispute the deficiencies pursuant to this
subsection or to submit additional revisions to correct the deficiencies. For
all revisions submitted after the first revision, the local building official
shall have an additional five business days to issue the requested permit or to
provide a written notice to the permit applicant stating which of the previously
identified plan features remain in noncompliance with the applicable codes, with
specific reference to the relevant code chapters and sections.
(8)
Upon submission by the private professional provider of a copy of his or her
inspection report to the local governing authority, said local governing
authority shall be required to accept the inspection of the private professional
provider without the necessity of further inspection or approval by the
inspectors or other personnel employed by the local governing authority unless
said governing authority has notified the private professional provider, within
two business days after the submission of the inspection report, that it finds
the report incomplete or the inspection inadequate and has provided the private
professional provider with a written description of the deficiencies and
specific code requirements that have not been adequately addressed.
(9)
A local governing authority may provide for the prequalification of private
professional providers who may perform plan reviews or inspections pursuant to
this subsection. No ordinance implementing prequalification shall become
effective until notice of the governing authority's intent to require
prequalification and the specific requirements for prequalification have been
advertised in the newspaper in which the sheriff's advertisements for that
locality are published. The ordinance implementing prequalification shall
provide for evaluation of the qualifications of a private professional provider
only on the basis of the private professional provider's expertise with respect
to the objectives of this subsection, as demonstrated by the private
professional provider's experience, education, and training. Such ordinance may
require a private professional provider to hold additional certifications,
provided that such certifications are required by ordinance for plan review
personnel currently directly employed by such local governing
authority.
(10)
Nothing in this subsection shall be construed to limit any public or private
right of action designed to provide protection, rights, or remedies for
consumers.
(11)
This subsection shall not apply to hospitals, ambulatory health care centers,
nursing homes, jails, penal institutions, airports, buildings or structures that
impact national or state homeland security, or any building defined as a
high-rise building in the State Minimum Standards Code; provided, however, that
interior tenant build-out projects within high-rise buildings are not exempt
from this subsection.
(12)
If the local building official determines that the building construction or
plans do not comply with the applicable codes, the official may deny the permit
or request for a certificate of occupancy or certificate of completion, as
appropriate, or may issue a stop-work order for the project or any portion
thereof as provided by law, after giving notice to the owner, the architect of
record, the engineer of record, or the contractor of record and by posting a
copy of the order on the site of the project and opportunity to remedy the
violation within the time limits set forth in the notice, if the official
determines noncompliance with state or local laws, codes, or ordinances,
provided that:
(A)
The local building official shall be available to meet with the private
professional provider within two business days to resolve any dispute after
issuing a stop-work order or providing notice to the applicant denying a permit
or request for a certificate of occupancy or certificate of completion;
and
(B)
If the local building official and the private professional provider are unable
to resolve the dispute or meet within the time required by this Code section,
the matter shall be referred to the local enforcement agency's board of appeals,
if one exists, which shall consider the matter not later than its next scheduled
meeting. Any decisions by the local official, if there is no board of appeals,
may be appealed to the Department of Community Affairs as provided in this
chapter. The Department of Community Affairs shall develop rules and
regulations which shall establish reasonable time frames and fees to carry out
the provisions of this paragraph.
(13)
The local government, the local building official, and local building code
enforcement personnel and agents of the local government shall be immune from
liability to any person or party for any action or inaction by an owner of a
building or by a private professional provider or its duly authorized
representative in connection with building code plan review and inspection
services by private professional providers as provided in this
subsection.
(14)
No local enforcement agency, local code official, or local government shall
adopt or enforce any rules, procedures, policies, qualifications, or standards
more stringent than those prescribed in this subsection. This subsection shall
not preempt any local laws, rules, or procedures relating to the plan submittal
process of local governing authorities.
(15)
Nothing in this subsection shall limit the authority of the local code official
to issue a stop-work order for a building project or any portion of such
project, which may go into effect immediately as provided by law, after giving
notice and opportunity to remedy the violation, if the official determines that
a condition on the building site constitutes an immediate threat to public
safety and welfare. A stop work order issued for reasons of immediate threat to
public safety and welfare shall be appealable to the local enforcement
agency’s board of appeals, if one exists, in the manner provided by
applicable law. Any decisions by the local official, if there is no board of
appeals, may be appealed to the Department of Community Affairs as provided in
this chapter.
(16)
When performing building code plan reviews or inspection services, a private
professional provider is subject to the disciplinary guidelines of the
applicable
professional licensing board with jurisdiction over such private professional
provider's license or certification under Chapters 4 and 15 of Title 43, as
applicable
Georgia Board
of Licensing and Regulation pursuant to Chapter 1 of Title
43. Any complaint processing,
investigation, and discipline that arise out of a private professional
provider's performance of building code plan reviews or inspection services
shall be conducted by the
applicable
professional licensing board
director of
professional licensing pursuant to Chapter 1 of Title
43. Notwithstanding any disciplinary
rules of the
applicable
professional licensing board with jurisdiction over such private professional
provider's license or certification under Chapters 4 and 15
of
Georgia Board
of Licensing and Regulation pursuant to Chapter 1
of Title 43, any local building official
may decline to accept building code plan reviews or inspection services
submitted by any private professional provider who has submitted multiple
reports which required revisions due to negligence, noncompliance, or
deficiencies.
(17)
Nothing in this subsection shall apply to inspections exempted in Code Section
8-2-26.1."
SECTION
2-4.
Said
chapter is further amended by revising paragraphs (2) and (3) of subsection (a)
of Code Section 8-2-26.1, relating to definitions and requirements, as
follows:
"(2)
'Qualified inspector' means:
(A)
A person inspecting for compliance with the International Building Code or the
building portion of the International Residential Code for One- and Two-Family
Dwellings who holds a certification from the ICC as a building
inspector;
(B)
A person inspecting for the compliance of residential buildings with the
National Electrical Code or the electrical portion of the International
Residential Code for One- and Two-Family Dwellings who holds a certification
from the ICC as a residential electrical inspector or an electrical contractor
license from the
State
Construction Industry Licensing Board
director of
professional licensing pursuant to Chapter 1 of Title
43;
(C)
A person inspecting for the compliance of nonresidential buildings with the
National Electrical Code who holds a certification from the ICC as a commercial
electrical inspector or an electrical contractor license from the
State
Construction Industry Licensing Board
director of
licensing pursuant to Chapter 1 of Title
43;
(D)
A person inspecting for compliance with the International Fuel Gas Code who
holds a certification from the ICC as a mechanical inspector or plumbing
inspector or a conditioned air contractor, journeyman plumber, or master plumber
license from the
State
Construction Industry Licensing Board
director of
licensing pursuant to Chapter 1 of Title
43;
(E)
A person inspecting for compliance with the International Mechanical Code or the
mechanical portion of the International Residential Code for One- and Two-Family
Dwellings who holds a certification from the ICC as a mechanical inspector or a
conditioned air contractor license from the
State
Construction Industry Licensing Board
director of
licensing pursuant to Chapter 1 of Title
43;
(F)
A person inspecting for compliance with the International Plumbing Code or the
plumbing portion of the International Residential Code for One- and Two-Family
Dwellings who holds a certification from the ICC as a plumbing inspector or a
journeyman plumber or master plumber license from the
State
Construction Industry Licensing Board
director of
licensing pursuant to Chapter 1 of Title
43;
(G)
A person inspecting for compliance with any portion of the International
Residential Code for One- and Two-Family Dwellings who holds a certification
from the ICC as a one and two-family dwelling inspector;
(H)
A person inspecting for compliance with the International Energy Conservation
Code for Buildings who has completed eight hours of training that is conducted
or approved by the department; or
(I)
A person inspecting for compliance with any of the codes listed in subparagraphs
(A) through (H) of this paragraph who holds a certificate of registration as a
professional engineer issued under Chapter 15 of Title 43 and is practicing
within the scope of his or her branch of engineering expertise while conducting
such inspection.
(3)
'State Construction Industry Licensing Board' means that board created pursuant
to Code Section
43-14-3."
SECTION
2-5.
Code
Section 12-8-107 of the Official Code of Georgia Annotated, relating to
submission of voluntary investigation and remediation plan, enrollment, proof of
assurance, termination, and compliance status, is amended by revising subsection
(a) as follows:
"(a)
In order to enroll any qualifying property in the voluntary remediation program
described in this part, an applicant shall submit to the director a voluntary
investigation and remediation plan prepared by a registered professional
engineer or a registered professional geologist who is registered with the
State Board
of Registration for Professional Engineers and Land Surveyors or the State Board
of Registration for Geologists
director of
professional licensing pursuant to Chapter 1 of Title
43 and who has experience in responsible
charge of the investigation and remediation of such releases. The voluntary
investigation and remediation plan shall be in such streamlined form as may be
prescribed by the director; provided, however, that the plan shall, at minimum,
enumerate and describe those actions planned to bring the qualifying property
into compliance with the applicable cleanup standards, with one or more
registered professionals to be retained by the applicant at its sole cost to
oversee the investigation and remediation described in the plan; all in
accordance with the provisions, purposes, standards, and policies of the
voluntary remediation program. The voluntary investigation and remediation plan
shall be considered an application for enrollment in the voluntary remediation
program, and a nonrefundable application fee of $5,000.00 shall be submitted
with the application. The director may, at any time, invoice the participant
for any costs to the division in reviewing the application or subsequent
document that exceed the initial application review fee, including reasonably
detailed itemization and justification of the costs. Failure to remit payment
within 60 days of receipt of such invoice may cause rejection of the participant
from the voluntary remediation program. The director may not issue a written
concurrence with a certification of compliance if there is an outstanding fee to
be paid by the participant."
SECTION
2-6.
Title
16 of the Official Code of Georgia Annotated, relating to crimes and offenses,
is amended by revising Code Section 16-8-41, relating to armed robbery, robbery
by intimidation, taking controlled substance from pharmacy in course of
committing an offense, as follows:
"16-8-41.
(a)
A person commits the offense of armed robbery when, with intent to commit theft,
he or she takes property of another from the person or the immediate presence of
another by use of an offensive weapon, or any replica, article, or device having
the appearance of such weapon. The offense of robbery by intimidation shall be a
lesser included offense in the offense of armed robbery.
(b)
A person convicted of the offense of armed robbery shall be punished by death or
imprisonment for life or by imprisonment for not less than ten nor more than 20
years.
(c)(1)
The preceding provisions of this Code section notwithstanding, in any case in
which the defendant commits armed robbery and in the course of the commission of
the offense such person unlawfully takes a controlled substance from a pharmacy
or a wholesale druggist and intentionally inflicts bodily injury upon any
person, such facts shall be charged in the indictment or accusation and, if
found to be true by the court or if admitted by the defendant, the defendant
shall be punished by imprisonment for not less than 15 years.
(2)
As used in this subsection, the term:
(A)
'Controlled substance' means a drug, substance, or immediate precursor in
Schedules I through V of Code Sections 16-13-25 through 16-13-29.
(B)
'Pharmacy' means any place licensed in accordance with Chapter 4 of Title 26
wherein the possessing, displaying, compounding, dispensing, or retailing of
drugs may be conducted, including any and all portions of any building or
structure leased, used, or controlled by the licensee in the conduct of the
business licensed by the
State Board
of Pharmacy
director of
professional licensing pursuant to Chapter 1 of Title
43 at the address for which the license
was issued. The term pharmacy shall also include any building, warehouse,
physician's office, or hospital used in whole or in part for the sale, storage,
or dispensing of any controlled substance.
(C)
'Wholesale druggist' means an individual, partnership, corporation, or
association registered with the
State Board
of Pharmacy
director of
professional licensing under Chapter 4 of
Title 26.
(d)
Any person convicted under this Code section shall, in addition, be subject to
the sentencing and punishment provisions of Code Sections 17-10-6.1 and
17-10-7."
SECTION
2-7.
Said
title is further amended by revising Article 2 of Chapter 13, relating to
regulation of controlled substances, as follows:
"ARTICLE
2
Part 1
Part 1
16-13-20.
This
article shall be known and may be cited as the 'Georgia Controlled Substances
Act.'
16-13-21.
As
used in this article, the term:
(0.5)
'Addiction' means a primary, chronic, neurobiologic disease with genetic,
psychosocial, and environmental factors influencing its development and
manifestations. It is characterized by behaviors that include the following:
impaired control drug use, craving, compulsive use, and continued use despite
harm. Physical dependence and tolerance are normal physiological consequences
of extended opioid therapy for pain and are not the same as
addiction.
(1)
'Administer' means the direct application of a controlled substance, whether by
injection, inhalation, ingestion, or by any other means, to the body of a
patient or research subject by:
(A)
A practitioner or, in his or her presence, by his or her authorized agent;
or
(B)
The patient or research subject at the direction and in the presence of the
practitioner.
(1.1)
'Agency' means the Georgia Drugs and Narcotics Agency established pursuant to
Code Section 26-4-29.
(2)
'Agent' of a manufacturer, distributor, or dispenser means an authorized person
who acts on behalf of or at the direction of a manufacturer, distributor, or
dispenser. It does not include a common or contract carrier, public
warehouseman, or employee of the carrier or warehouseman.
(2.1)
'Board' means the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation or its
designee, so long as such designee is another state entity.
(3)
'Bureau' means the Georgia Bureau of Investigation.
(4)
'Controlled substance' means a drug, substance, or immediate precursor in
Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I
through V of 21 C.F.R. Part 1308.
(5)
'Conveyance' means any object, including aircraft, vehicle, or vessel, but not
including a person, which may be used to carry or transport a substance or
object.
(6)
'Counterfeit substance' means:
(A)
A controlled substance which, or the container or labeling of which, without
authorization, bears the trademark, trade name, or other identifying mark,
imprint, number, or device, or any likeness thereof, of a manufacturer,
distributor, or dispenser other than the person who in fact manufactured,
distributed, or dispensed the controlled substance;
(B)
A controlled substance or noncontrolled substance, which is held out to be a
controlled substance or marijuana, whether in a container or not which does not
bear a label which accurately or truthfully identifies the substance contained
therein; or
(C)
Any substance, whether in a container or not, which bears a label falsely
identifying the contents as a controlled substance.
(6.1)
'Dangerous drug' means any drug, other than a controlled substance, which cannot
be dispensed except upon the issuance of a prescription drug order by a
practitioner authorized under this chapter.
(6.2)
'DEA' means the United States Drug Enforcement Administration.
(7)
'Deliver' or 'delivery' means the actual, constructive, or attempted transfer
from one person to another of a controlled substance, whether or not there is an
agency relationship.
(8)
'Dependent,' 'dependency,' 'physical dependency,' 'psychological dependency,' or
'psychic dependency' means and includes the state of adaptation that is
manifested by drug class specific signs and symptoms that can be produced by
abrupt cessation, rapid dose reduction, decreasing blood level of the drug, and
administration of an antagonist. Physical dependence, by itself, does not
equate with addiction.
(8.1)
'Director' means the director of professional licensing pursuant to Chapter 1 of
Title 43.
(9)
'Dispense' means to deliver a controlled substance to an ultimate user or
research subject by or pursuant to the lawful order of a practitioner, including
the prescribing, administering, packaging, labeling, or compounding necessary to
prepare the substance for that delivery, or the delivery of a controlled
substance by a practitioner, acting in the normal course of his or her
professional practice and in accordance with this article, or to a relative or
representative of the person for whom the controlled substance is
prescribed.
(10)
'Dispenser' means a person that delivers a Schedule II, III, IV, or V controlled
substance to the ultimate user but shall not include:
(A)
A pharmacy licensed as a hospital pharmacy
by the
Georgia Board of Pharmacy pursuant to Code
Section 26-4-110;
(B)
An institutional pharmacy that serves only a health care facility, including,
but not limited to, a nursing home, an intermediate care home, a personal care
home, or a hospice program, which provides patient care and which pharmacy
dispenses such substances to be administered and used by a patient on the
premises of the facility;
(C)
A practitioner or other authorized person who administers such a substance;
or
(D)
A pharmacy operated by, on behalf of, or under contract with the Department of
Corrections for the sole and exclusive purpose of providing services in a secure
environment to prisoners within a penal institution, penitentiary, prison,
detention center, or other secure correctional institution. This shall include
correctional institutions operated by private entities in this state which house
inmates under the Department of Corrections.
(11)
'Distribute' means to deliver a controlled substance, other than by
administering or dispensing it.
(12)
'Distributor' means a person who distributes.
(12.05)
'FDA' means the United States Food and Drug Administration.
(12.1)
'Imitation controlled substance' means:
(A)
A product specifically designed or manufactured to resemble the physical
appearance of a controlled substance such that a reasonable person of ordinary
knowledge would not be able to distinguish the imitation from the controlled
substance by outward appearances; or
(B)
A product, not a controlled substance, which, by representations made and by
dosage unit appearance, including color, shape, size, or markings, would lead a
reasonable person to believe that, if ingested, the product would have a
stimulant or depressant effect similar to or the same as that of one or more of
the controlled substances included in Schedules I through V of Code Sections
16-13-25 through 16-13-29.
(13)
'Immediate precursor' means a substance which the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation has found to
be and by rule identifies as being the principal compound commonly used or
produced primarily for use, and which is an immediate chemical intermediary used
or likely to be used, in the manufacture of a controlled substance, the control
of which is necessary to prevent, curtail, or limit manufacture.
(14)
'Isomers' means stereoisomers (optical isomers), geometrical isomers, and
structural isomers (chain and positional isomers) but shall not include
functional isomers.
(15)
'Manufacture' means the production, preparation, propagation, compounding,
conversion, or processing of a controlled substance, either directly or
indirectly by extraction from substances of natural origin, or independently by
means of chemical synthesis, and includes any packaging or repackaging of the
substance or labeling or relabeling of its container, except that this term does
not include the preparation, compounding, packaging, or labeling of a controlled
substance:
(A)
By a practitioner as an incident to his or her administering or dispensing of a
controlled substance in the course of his or her professional practice;
or
(B)
By a practitioner or by his or her authorized agent under his or her supervision
for the purpose of, or as an incident to, research, teaching, or chemical
analysis and not for sale.
(16)
'Marijuana' means all parts of the plant of the genus Cannabis, whether growing
or not, the seeds thereof, the resin extracted from any part of such plant, and
every compound, manufacture, salt, derivative, mixture, or preparation of such
plant, its seeds, or resin; but shall not include samples as described in
subparagraph (P) of paragraph (3) of Code Section 16-13-25 and shall not include
the completely defoliated mature stalks of such plant, fiber produced from such
stalks, oil, or cake, or the completely sterilized samples of seeds of the plant
which are incapable of germination.
(17)
'Narcotic drug' means any of the following, whether produced directly or
indirectly by extraction from substances of vegetable origin, or independently
by means of chemical synthesis, or by a combination of extraction and chemical
synthesis:
(A)
Opium and opiate, and any salt, compound, derivative, or preparation of opium or
opiate;
(B)
Any salt, compound, isomer, derivative, or preparation thereof which is
chemically equivalent or identical to any of the substances referred to in
subparagraph (A) of this paragraph, but not including the isoquinoline alkaloids
of opium;
(C)
Opium poppy and poppy straw; or
(D)
Coca leaves and any salt, compound, derivative, stereoisomers of cocaine, or
preparation of coca leaves, and any salt, compound, stereoisomers of cocaine,
derivative, or preparation thereof which is chemically equivalent or identical
to any of these substances, but not including decocainized coca leaves or
extractions of coca leaves which do not contain cocaine or
ecgonine.
(18)
'Opiate' means any substance having an addiction-forming or addiction-sustaining
liability similar to morphine or being capable of conversion into a drug having
addiction-forming or addiction-sustaining liability. It does not include,
unless specifically designated as controlled under Code Section 16-13-22, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). It does include its racemic and levorotatory
forms.
(19)
'Opium poppy' means the plant of the species Papaver somniferum L., except its
seeds.
(19.1)
'Patient' means the person who is the intended consumer of a drug for whom a
prescription is issued or for whom a drug is dispensed.
(20)
'Person' means an individual, corporation, government, or governmental
subdivision or agency, business trust, estate, trust, partnership, or
association, or any other legal entity.
(21)
'Poppy straw' means all parts, except the seeds, of the opium poppy after
mowing.
(22)
'Potential for abuse' means and includes a substantial potential for a substance
to be used by an individual to the extent of creating hazards to the health of
the user or the safety of the public, or the substantial potential of a
substance to cause an individual using that substance to become dependent upon
that substance.
(23)
'Practitioner' means:
(A)
A physician, dentist, pharmacist, podiatrist, scientific investigator, or other
person licensed, registered, or otherwise authorized under the laws of this
state to distribute, dispense, conduct research with respect to, or to
administer a controlled substance in the course of professional practice or
research in this state;
(B)
A pharmacy, hospital, or other institution licensed, registered, or otherwise
authorized by law to distribute, dispense, conduct research with respect to, or
to administer a controlled substance in the course of professional practice or
research in this state;
(C)
An advanced practice registered nurse acting pursuant to the authority of Code
Section 43-34-25. For purposes of this chapter and Code Section 43-34-25, an
advanced practice registered nurse is authorized to register with the federal
Drug Enforcement Administration and appropriate state authorities;
or
(D)
A physician assistant acting pursuant to the authority of subsection (e.1) of
Code Section 43-34-103. For purposes of this chapter and subsection (e.1) of
Code Section 43-34-103, a physician assistant is authorized to register with the
federal Drug Enforcement Administration and appropriate state
authorities.
(23.1)
'Prescriber' means a physician, dentist, scientific investigator, or other
person licensed, registered, or otherwise authorized under the laws of this
state to prescribe a controlled substance in the course of professional practice
or research in this state.
(24)
'Production' includes the manufacture, planting, cultivation, growing, or
harvesting of a controlled substance.
(25)
'Registered' or 'register' means registration as required by this
article.
(26)
'Registrant' means a person who is registered under this article.
(26.1)
'Schedule II, III, IV, or V controlled substance' means a controlled substance
that is classified as a Schedule II, III, IV, or V controlled substance under
Code Section 16-13-26, 16-13-27, 16-13-28, or 16-13-29, respectively, or under
the Federal Controlled Substances Act, 21 U.S.C. Section 812.
(27)
'State,' when applied to a part of the United States, includes any state,
district, commonwealth, territory, insular possession thereof, or any area
subject to the legal authority of the United States.
(27.1)
'Tolerance' means a physiologic state resulting from regular use of a drug in
which an increased dosage is needed to produce a specific effect or a reduced
effect is observed with a constant dose over time. Tolerance may or may not be
evident during opioid treatment and does not equate with addiction.
(28)
'Ultimate user' means a person who lawfully possesses a controlled substance for
his or her own use, for the use of a member of his or her household, or for
administering to an animal owned by him or her or by a member of his or her
household or an agent or representative of the person.
(29)
'Noncontrolled substance' means any drug or other substance other than a
controlled substance as defined by paragraph (4) of this Code
section.
16-13-22.
(a)
The State
Board of Pharmacy
Georgia Board
of Licensing and Regulation shall
administer this article and shall add substances to or reschedule all substances
enumerated in the schedules in Code Sections 16-13-25 through 16-13-29 pursuant
to the procedures of Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.' In making a determination or identification regarding a
substance, the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation shall consider
the following factors:
(1)
The actual or relative potential for abuse;
(2)
The scientific evidence of its pharmacological effect, if known;
(3)
The state of current scientific knowledge regarding the substance;
(4)
The history and current pattern of abuse;
(5)
The scope, duration, and significance of abuse;
(6)
The risk to the public health;
(7)
The potential of the substance to produce psychic or physiological dependence
liability;
(8)
Whether the substance is an immediate precursor of a substance already
controlled under this article; and
(9)
The designation, deletion, or rescheduling of a substance under federal law
controlling controlled substances.
(b)
After considering the factors enumerated in subsection (a) of this Code section,
the State
Board of Pharmacy
Georgia Board
of Licensing and Regulation shall make
findings with respect thereto and cause the publication of such findings as a
rule, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act,' controlling the substance if it finds the substance has a
potential for abuse.
(c)
If the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation identifies a
substance as an immediate precursor, substances which are precursors of the
controlled substance shall not be subject to control solely because they are
precursors of the controlled substance.
(d)
Authority to control under this Code section does not extend to distilled
spirits, wine, malt beverages, or tobacco, as those terms are defined or used in
Title 3 or 48.
16-13-23.
The
controlled substances listed in the schedules in Code Sections 16-13-25 through
16-13-29 are included by whatever official, common, usual, chemical, or trade
name designated.
16-13-24.
(a)
There are established five schedules of controlled substances, to be known as
Schedules I, II, III, IV, and V. The schedules shall consist of the substances
listed in Code Sections 16-13-25 through 16-13-29. The schedules so established
shall be updated and republished by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation on an annual
basis.
(b)
Except in the case of an immediate precursor, a drug or other substance may not
be placed in any schedule unless the findings required for such schedule are
made with respect to the drug or other substance. The findings for each of the
schedules are as follows:
(1)
Schedule I:
(A)
The drug or other substance has a high potential for abuse;
(B)
The drug or other substance has no currently accepted medical use in treatment
in the United States; and
(C)
There is a lack of accepted safety for use of the drug or other substance under
medical supervision.
(2)
Schedule II:
(A)
The drug or other substance has a high potential for abuse;
(B)
The drug or other substance has a currently accepted medical use in treatment in
the United States or a currently accepted medical use with severe restrictions;
and
(C)
Abuse of the drug or other substance may lead to severe psychological or
physical dependence.
(3)
Schedule III:
(A)
The drug or other substance has a potential for abuse less than the drugs or
other substances in Schedules I and II;
(B)
The drug or other substance has a currently accepted medical use in treatment in
the United States; and
(C)
Abuse of the drug or other substance may lead to moderate or low physical
dependence or high psychological dependence.
(4)
Schedule IV:
(A)
The drug or other substance has a low potential for abuse relative to the drugs
or other substances in Schedule III;
(B)
The drug or other substance has a currently accepted medical use in treatment in
the United States; and
(C)
Abuse of the drug or other substance may lead to limited physical dependence or
psychological dependence relative to the drugs or other substances in Schedule
III.
(5)
Schedule V:
(A)
The drug or other substance has a low potential for abuse relative to the drugs
or other substances in Schedule IV;
(B)
The drug or other substance has a currently accepted medical use in treatment in
the United States; and
(C)
Abuse of the drug or other substance may lead to limited physical dependence or
psychological dependence relative to the drugs or other substances in Schedule
IV.
16-13-25.
The
controlled substances listed in this Code section are included in Schedule
I:
(1)
Any of the following opiates, including their isomers, esters, ethers, salts,
and salts of isomers, esters, and ethers, unless specifically excepted, pursuant
to this article, whenever the existence of these isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(A)
Acetylmethadol;
(B)
Allylprodine;
(C)
Reserved;
(D)
Alphameprodine;
(E)
Alphamethadol;
(F)
Benzethidine;
(G)
Betacetylmethadol;
(H)
Betameprodine;
(I)
Betamethadol;
(J)
Betaprodine;
(K)
Clonitazene;
(L)
Dextromoramide;
(M)
Dextromorphan;
(N)
Diampromide;
(O)
Diethylthiambutene;
(P)
Dimenoxadol;
(Q)
Dimetheptanol;
(R)
Dimethylthiambutene;
(S)
Dioxaphetyl butyrate;
(T)
Dipipanone;
(U)
Ethylmethylthiambutene;
(V)
Etonitazene;
(W)
Etoxeridene;
(X)
Furethidine;
(Y)
Hydroxypethidine;
(Z)
Ketobemidone;
(AA)
Levomoramide;
(BB)
Levophenacylmorphan;
(CC)
Morpheridine;
(DD)
Noracymethadol;
(EE)
Norlevorphanol;
(FF)
Normethadone;
(GG)
Norpipanone;
(HH)
Phenadoxone;
(II)
Phenampromide;
(JJ)
Phenomorphan;
(KK)
Phenoperidine;
(LL)
Piritramide;
(MM)
Proheptazine;
(NN)
Properidine;
(OO)
Propiram;
(PP)
Racemoramide;
(QQ)
Trimeperidine;
(2)
Any of the following opium derivatives, their salts, isomers, and salts of
isomers, unless specifically excepted, whenever the existence of these salts,
isomers, and salts of isomers is possible within the specific chemical
designation:
(A)
Acetorphine;
(B)
Acetyldihydrocodeine;
(C)
Benzylmorphine;
(D)
Codeine methylbromide;
(E)
Codeine-N-Oxide;
(F)
Cyprenorphine;
(G)
Desomorphine;
(H)
Dihydromorphine;
(I)
Etorphine;
(J)
Heroin;
(K)
Hydromorphinol;
(L)
Methyldesorphine;
(M)
Methyldihydromorphine;
(N)
Morphine methylbromide;
(O)
Morphine methylsulfonate;
(P)
Morphine-N-Oxide;
(Q)
Myrophine;
(R)
Nicocodeine;
(S)
Nicomorphine;
(T)
Normorphine;
(U)
Pholcodine;
(V)
Thebacon;
(3)
Any material, compound, mixture, or preparation which contains any quantity of
the following hallucinogenic substances, their salts, isomers (whether optical,
position, or geometrics), and salts of isomers, unless specifically excepted,
whenever the existence of these salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(A)
3, 4-methylenedioxyamphetamine;
(B)
5-methoxy-3, 4-methylenedioxyamphetamine;
(C)
3, 4, 5-trimethoxyamphetamine;
(D)
Bufotenine;
(E)
Diethyltryptamine;
(F)
Dimethyltryptamine;
(G)
4-methyl-2, 5-dimethoxyamphetamine;
(H)
Ibogaine;
(I)
Lysergic acid diethylamide;
(J)
Mescaline;
(K)
Peyote;
(L)
N-ethyl-3-piperidyl benzilate;
(M)
N-methyl-3-piperidyl benzilate;
(N)
Psilocybin;
(O)
Psilocyn (Psilocin);
(P)
Tetrahydrocannabinols which shall include, but are not limited to:
(i)
All synthetic or naturally produced samples containing more than 15 percent by
weight of tetrahydrocannabinols; and
(ii)
All synthetic or naturally produced tetrahydrocannabinol samples which do not
contain plant material exhibiting the external morphological features of the
plant cannabis;
(Q)
2, 5-dimethoxyamphetamine;
(R)
4-bromo-2, 5-dimethoxyamphetamine;
(S)
4-methoxyamphetamine;
(T)
Cyanoethylamphetamine;
(U)
(1-phenylcyclohexyl) ethylamine;
(V)
1-(1-phenylcyclohexyl) pyrrolidine;
(W)
Phencyclidine;
(X)
1-piperidinocyclohexanecarbonitrile;
(Y)
1-phenyl-2-propanone (phenylacetone);
(Z)
3, 4-Methylenedioxymethamphetamine (MDMA);
(AA)
1-methyl-4-phenyl-4-propionoxypiperidine;
(BB)
1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine;
(CC)
3-methylfentanyl;
(DD)
N-ethyl-3, 4-methylenedioxyamphetamine;
(EE)
Para-flurofentanyl;
(FF)
2,5-Dimethoxy-4-Ethylamphetamine;
(GG)
Cathinone;
(HH)
MPPP (1-Methyl-4-Phenyl-4-Propionoxypiperidine);
(II)
PEPAP (1-(2-phenethyl)-4 phenyl-4-acetoxypiperide);
(JJ)
Alpha-Methylthiofentanyl;
(KK)
Acetyl-Alpha-Methylfentanyl;
(LL)
3-Methylthiofentanyl;
(MM)
Beta-Hydroxyfentanyl;
(NN)
Thiofentanyl;
(OO)
3,4-Methylenedioxy-N-Ethylamphetamine;
(PP)
4-Methylaminorex;
(QQ)
N-Hydroxy-3,4-Methylenedioxyamphetamine;
(RR)
Beta-Hydroxy-3-Methylfentanyl;
(SS)
Chlorophenylpiperazine (CPP);
(TT)
N, N-Dimethylamphetamine;
(UU)
1-(1-(2-thienyl)cyclohexy)pyrrolidine;
(VV)
4-Bromo-2,5-Dimethoxyphenethylamine (DMPE);
(WW)
Alpha-Ethyltryptamine;
(XX)
Methcathinone;
(YY)
Aminorex;
(ZZ)
4-iodo-2,5-dimethoxyamphetamine;
(AAA)
4-chloro-2,5-dimethoxyamphetamine;
(BBB)
3,4-Methylenedioxypyrovalerone (MDPV);
(CCC)
4-Methylmethcathinone (Mephedrone);
(DDD)
3,4-Methylenedioxymethcathinone (Methylone);
(EEE)
4-Methoxymethcathinone;
(FFF)
4-Fluoromethcathinone;
(4)
Any material, compound, mixture, or preparation which contains any of the
following substances having a stimulant effect on the central nervous system,
including its salts, isomers, and salts of isomers, unless specifically
excepted, whenever the existence of these salts, isomers, and salts of isomers
is possible within the specific chemical designation:
(A)
Fenethylline;
(B)
N-(1-benzyl-4-piperidyl)-N-phenylpropanamide (benzyl-fentanyl);
(C)
N-(1-(2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide
(thenylfentanyl);
(5)
Any material, compound, mixture, or preparation which contains any quantity of
the following substances, their salts, isomers (whether optical, position, or
geometrics), and salts of isomers, unless specifically excepted, whenever the
existence of these substances, their salts, isomers, and salts of isomers is
possible within the specific chemical designation:
(A)
Gamma hydroxybutyric acid (gamma hydroxy butyrate); provided, however, that this
does not include any amount naturally and normally occurring in the human body;
and
(B)
Sodium oxybate, when the FDA approved form of this drug is not:
(i)
In a container labeled in compliance with subsection (a) or (b) of Code Section
26-3-8; and
(ii)
In the possession of:
(I)
A registrant permitted to dispense the drug;
(II)
Any person other than to whom the drug was prescribed; or
(III)
Any person who attempts to or does unlawfully possess, sell, distribute, or give
this drug to any other person;
(6)
Notwithstanding the fact that Schedule I substances have no currently accepted
medical use, the General Assembly recognizes certain of these substances which
are currently accepted for certain limited medical uses in treatment in the
United States but have a high potential for abuse. Accordingly, unless
specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of methaqualone,
including its salts, isomers, optical isomers, salts of their isomers, and salts
of these optical isomers, is included in Schedule I;
(7)
2,5-Dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7);
(8)
1-(3-Trifluoromethylphenyl) Piperazine (TFMPP);
(9)
N-Benzylpiperazine (BZP);
(10)
5-Methoxy-N,N-Diisopropyltryptamine (5-MeO-DIPT);
(11)
Alpha-Methyltryptamine (AMT);
(12)
Any material, compound, mixture, or preparation which contains any quantity of
the following substances, their salts, isomers (whether optical, positional, or
geometric), homologues, and salts of isomers and homologues, unless specifically
excepted, whenever the existence of these salts, isomers, homologues, and salts
of isomers and homologues is possible within the specific chemical
designation:
(A)
1-pentyl-3-(1-naphthoyl)indole (JWH-018);
(B)
1,1-dimethylheptyl-11-hydroxy-delta-8-tetrahydrocannabinol (HU-210; (6a,
10a)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol);
(C)
2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol (CP 47,497);
(D)
1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(E)
2-(2-Methoxyphenyl)-1-(1-pentylindole-3-yl) ethanone (JWH-250);
(F)
4-Methoxynaphthalen-1-yl-(1-pentylindole-3-yl) methanone (JWH-081).
16-13-26.
The
controlled substances listed in this Code section are included in Schedule
II:
(1)
Any of the following substances, or salts thereof, except those narcotic drugs
specifically exempted or listed in other schedules, whether produced directly or
indirectly by extraction from substances of vegetable origin, or independently
by extraction from substances of vegetable origin, or independently by means of
chemical synthesis, or by combination of extraction and chemical
synthesis:
(A)
Opium and opiate, and any salt, compound, derivative, or preparation of opium or
opiate, excluding naloxone hydrochloride, but including the
following:
(i)
Raw opium;
(ii)
Opium extracts;
(iii)
Opium fluid extracts;
(iv)
Powdered opium;
(v)
Granulated opium;
(vi)
Tincture of opium;
(vii)
Codeine;
(viii)
Ethylmorphine;
(ix)
Hydrocodone;
(x)
Hydromorphone;
(xi)
Metopon;
(xii)
Morphine;
(xiii)
Oripavine;
(xiv)
Oxycodone;
(xv)
Oxymorphone;
(xvi)
Thebaine;
(B)
Any salt, compound, isomer, derivative, or preparation thereof which is
chemically equivalent or identical with any of the substances referred to in
subparagraph (A) of this paragraph, except that these substances shall not
include the isoquinoline alkaloids of opium;
(C)
Opium poppy and poppy straw;
(D)
Cocaine, coca leaves, any salt, compound, derivative, stereoisomers of cocaine,
or preparation of coca leaves, and any salt, compound, derivative, stereoisomers
of cocaine, or preparation thereof which is chemically equivalent or identical
with any of these substances, but not including decocainized coca leaves or
extractions which do not contain cocaine or ecgonine;
(2)
Any of the following opiates, including their isomers, esters, ethers, salts,
and salts of isomers, whenever the existence of these isomers, esters, ethers,
and salts is possible within the specific chemical designation:
(A)
Alfentanil;
(A.1)
Alphaprodine;
(B)
Anileridine;
(C)
Bezitramide;
(D)
Dihydrocodeine;
(E)
Diphenoxylate;
(F)
Fentanyl;
(G)
Isomethadone;
(G.5)
Levo-alphacetylmethadol (some other names: levomethadyl acetate,
LAAM);
(H)
Levomethorphan;
(I)
Levorphanol;
(J)
Methazocine;
(K)
Methadone;
(L)
Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl
butane;
(M)
Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic
acid;
(N)
Pethidine (meperidine);
(O)
Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(P)
Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(Q)
Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic
acid;
(R)
Phenazocine;
(S)
Piminodine;
(T)
Racemethorphan;
(U)
Racemorphan;
(U.1)
Remifentanil;
(V)
Sufentanil;
(V.1)
Tapentadol;
(W)
4-anilino-N-phenethyl-4-piperidine (ANPP);
(3)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances included as having a stimulant effect on the central nervous
system:
(A)
Amphetamine, its salts, optical isomers, and salts of its optical
isomers;
(B)
Any substance which contains any quantity of methamphetamine, including its
salts, isomers, and salts of isomers;
(C)
Phenmetrazine and its salts;
(D)
Methylphenidate, including its salts, isomers, and salts of
isomers;
(E)
Carfentanil;
(F)
Nabilone;
(G)
Lisdexamfetamine;
(4)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any of the following substances
included as having a depressant effect on the central nervous system, including
its salts, isomers, and salts of isomers whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific chemical
designation:
(A)
Amobarbital;
(A.5)
Glutethimide;
(B)
Secobarbital;
(C)
Pentobarbital.
16-13-27.
The
controlled substances listed in this Code section are included in Schedule
III:
(1)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances, included as having a stimulant effect on the central nervous system,
including its salts, isomers (whether optical, position, or geometric), and
salts of such isomers whenever the existence of such salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(A)
Those compounds, mixtures, or preparations in dosage unit forms containing any
stimulant substances which are listed as excepted compounds by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation pursuant to
this article, and any other drug of quantitative composition so excepted or
which is the same except that it contains a lesser quantity of controlled
substances;
(B)
Benzphetamine;
(C)
Chlorphentermine;
(D)
Clortermine;
(E)
Phendimetrazine;
(2)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances included as having a depressant effect on the central nervous
system:
(A)
Any compound, mixture, or preparation containing amobarbital, secobarbital,
pentobarbital, or any salts thereof and one or more active medicinal ingredients
which are not listed in any schedule;
(B)
Any suppository dosage form containing amobarbital, secobarbital, pentobarbital,
or any salt of any of these drugs and approved by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation for marketing
only as a suppository;
(C)
Any substance which contains any quantity of a derivative of barbituric acid or
any salt thereof;
(D)
Chlorhexadol;
(E)
Reserved;
(F)
Lysergic acid;
(G)
Lysergic acid amide;
(H)
Methyprylon;
(I)
Sulfondiethylmethane;
(J)
Sulfonethylmethane;
(K)
Sulfonmethane;
(L)
Tiletamine/Zolazepam (Telazol);
(3)
Nalorphine;
(4)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing limited quantities of the following
narcotic drugs, or any salts thereof:
(A)
Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or
not more than 90 milligrams per dosage unit, with an equal or greater quantity
of an isoquinoline alkaloid of opium;
(B)
Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or
not more than 90 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts;
(C)
Not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its
salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with
a fourfold or greater quantity of an isoquinoline alkaloid of
opium;
(D)
Not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its
salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized therapeutic
amounts;
(E)
Not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100
milliliters or not more than 90 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts;
(F)
Not more than 300 milligrams of ethylmorphine, or any of its salts, per 100
milliliters or not more than 15 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts;
(G)
Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or
not more than 25 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts;
(H)
Not more than 50 milligrams of morphine, or any of its salts, per 100
milliliters or per 100 grams with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts;
(5)
The State
Board of Pharmacy
Georgia Board
of Licensing and Regulation may except by
rule any compound, mixture, or preparation containing any stimulant or
depressant substance listed in paragraphs (1) and (2) of this Code section from
the application of all or any part of this article if the compound, mixture, or
preparation contains one or more active, medicinal ingredients not having a
stimulant or depressant effect on the central nervous system, and if the
admixtures are included therein in combinations, quantity, proportion, or
concentration that vitiate the potential for abuse of the substances which have
a stimulant or depressant effect on the central nervous system;
(6)
Any anabolic steroid or any salt, ester, or isomer of a drug or substance
described or listed in this paragraph, if that salt, ester, or isomer promotes
muscle growth. Such term does not include an anabolic steroid which is expressly
intended for administration through implants to cattle or other nonhuman species
and which has been approved by the secretary of health and human services for
such administration:
(A)
Boldenone;
(A.5)
Boldione (Androsta-1,4-diene-3,17-dione);
(B)
Chlorotestosterone;
(C)
Clostebol;
(D)
Dehydrochlormethyltestosterone;
(D.1)
Desoxymethyltestosterone (17a-methyl-5a-androst-2-en-17-ol, madol);
(E)
Dihydrotestosterone;
(F)
Drostanolone;
(G)
Ethylestrenol;
(H)
Fluoxymesterone;
(I)
Formebolone;
(J)
Mesterolone;
(K)
Methandienone;
(L)
Methandranone;
(M)
Methandriol;
(N)
Methandrostenolone;
(O)
Methenolone;
(P)
Methyltestosterone;
(Q)
Mibolerone;
(R)
Nandrolone;
(S)
Norethandrolone;
(T)
Oxandrolone;
(U)
Oxymesterone;
(V)
Oxymetholone;
(W)
Stanolone;
(X)
Stanozolol;
(Y)
Testolactone;
(Z)
Testosterone;
(AA)
Trenbolone;
(BB)
19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);
(7)
Ketamine;
(8)
Dronabinol (synthetic) in sesame oil and encapsulated in a U.S. Food and Drug
Administration approved drug product also known as Marinol;
(9)
Sodium oxybate, when the FDA approved form of this drug is in a container
labeled in compliance with subsection (a) or (b) of Code Section 26-3-8, in the
possession of a registrant permitted to dispense the drug, or in the possession
of a person to whom it has been lawfully prescribed;
(10)
Buprenorphine;
(11)
Embutramide;
(12)
Any drug product in hard or soft gelatin capsule form containing natural
dronabinol (derived from the cannabis plant) or synthetic dronabinol (produced
from synthetic materials) in sesame oil, for which an abbreviated new drug
application (ANDA) has been approved by the FDA under section 505(j) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) which references as its
listed drug the drug product referred to in paragraph (8) of this Code
section.
16-13-27.1.
The
following anabolic steroid containing compounds, mixtures, or preparations have
been exempted as Schedule III Controlled Substances by the United States Drug
Enforcement Administration, as listed in 21 C.F.R. 1308.34, and are therefore
exempted from paragraph (6) of Code Section 16-13-27:
TABLE
OF EXEMPT ANABOLIC STEROID PRODUCTS
|
Trade
Name
|
Company
|
|
Androgen
LA
|
Forest
Pharmaceuticals
St.
Louis, MO
|
|
Andro-Estro
90-4
|
Rugby
Labs
Rockville
Centre, NY
|
|
depANDROGYN
|
Forest
Pharmaceuticals
St.
Louis, MO
|
|
DEPO-T.E.
|
Quality
Research Pharm
Carmel,
IN
|
|
depTESTROGEN
|
Maroca
Pharm
Phoenix,
AZ
|
|
Duomone
|
Winitec
Pharm
Pacific,
MO
|
|
DURATESTRIN
|
W.
E. Hauck
Alpharetta,
GA
|
|
DUO-SPAN
II
|
Premedics
Labs
Gardena,
CA
|
|
Estratest
|
Solvay
Pharmaceuticals
Marietta,
GA
|
|
Estratest
HS
|
Solvay
Pharmaceuticals
Marietta,
GA
|
|
PAN
ESTRA TEST
|
Pan
American Labs
Covington,
LA
|
|
Premarin
1.25mg with Methyltestosterone
|
Ayerst
Labs, Inc.
New
York, NY
|
|
Premarin
0.625mg with Methyltestosterone
|
Ayerst
Labs, Inc.
New
York, NY
|
|
TEST-ESTRO
Cypionates
|
Rugby
Labs
Rockville
Centre, NY
|
|
Testosterone
Cyp 50
Estradiol
Cyp 2
|
I.D.E.
Interstate
Amityville,
NY
|
|
Testosterone
Cypionate-Estradiol
Cypionate
Injection
|
Best
Generics
N.
Miami Beach, FL
|
|
Testosterone
Cypionate-Estradiol
Cypionate
Injection
|
Schein
Pharm
Port
Washington, NY
|
|
Testosterone
Cypionate-Estradiol
Cypionate
Injection
|
Steris
Labs, Inc.
Phoenix,
AZ
|
|
Testosterone
Cypionate-Estradiol
Valerate
Injection
|
Schein
Pharm
Port
Washington, NY
|
|
Testosterone
Enanthate-Estradiol
Valerate
Injection
|
Steris
Labs, Inc.
Phoenix,
AZ
|
16-13-28.
(a)
The controlled substances listed in this Code section are included in Schedule
IV. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specified chemical designation, included as having a stimulant or
depressant effect on the central nervous system or a hallucinogenic
effect:
(1)
Alprazolam;
(1.5)
Armodafinil;
(2)
Barbital;
(2.1)
Bromazepam;
(2.15)
Butorphanol;
(2.2)
Camazepam;
(2.25)
Carisoprodol;
(2.3)
Cathine;
(3)
Chloral betaine;
(4)
Chloral hydrate;
(5)
Chlordiazepoxide, but not including librax (chlordiazepoxide hydrochloride and
clidinium bromide) or menrium (chlordiazepoxide and water soluble esterified
estrogens);
(5.1)
Clobazam;
(6)
Clonazepam;
(7)
Clorazepate;
(7.1)
Clotiazepam;
(7.2)
Cloxazolam;
(7.3)
Delorazepam;
(8)
Desmethyldiazepam;
(8.5)
Dexfenfluramine;
(9)
Reserved;
(10)
Diazepam;
(11)
Diethylpropion;
(11.05)
Difenoxin;
(11.1)
Estazolam;
(12)
Ethchlorvynol;
(13)
Ethinamate;
(13.1)
Ethyl loflazepate;
(13.2)
Fencamfamin;
(14)
Fenfluramine;
(14.1)
Flunitrazepam;
(14.2)
Fenproporex;
(15)
Flurazepam;
(15.3)
Fospropofol;
(16)
Halazepam;
(16.1)
Haloxazolam;
(16.15)
Indiplon;
(16.2)
Ketazolam;
(16.3)
Lometazepam;
(16.4)
Loprazolam;
(17)
Lorazepam;
(18)
Mazindol;
(19)
Mebutamate;
(19.1)
Medazepam;
(19.2)
Mefenorex;
(20)
Meprobamate;
(21)
Methohexital;
(22)
Methylphenobarbital;
(22.1)
Midazolam;
(22.15)
Modafinil;
(22.2)
Nimetazepam;
(22.3)
Nitrazepam;
(22.4)
Nordiazepam;
(23)
Oxazepam;
(23.1)
Oxazolam;
(24)
Paraldehyde;
(25)
Pemoline;
(26)
Pentazocine;
(27)
Petrichloral;
(28)
Phenobarbital;
(29)
Phentermine;
(29.1)
Pipradrol;
(30)
Prazepam;
(30.03)
Propofol;
(30.05)
Propoxyphene (including all salts and optical isomers);
(30.1)
Quazepam;
(30.2)
Sibutramine;
(30.3)
SPA (-)-1-dimethylamino-1, 2-diphenylethane;
(31)
Temazepam;
(32)
Triazolam;
(32.5)
Zaleplon;
(33)
Zolpidem;
(34)
Zopiclone.
(b)
The State
Board of Pharmacy
Georgia Board
of Licensing and Regulation may except by
rule any compound, mixture, or preparation containing any depressant, stimulant,
or hallucinogenic substance listed in subsection (a) of this Code section from
the application of all or any part of this article if the compound, mixture, or
preparation contains one or more active, medicinal ingredients not having a
depressant or stimulant effect on the central nervous system, and if the
admixtures are included therein in combinations, quantity, proportion, or
concentration that vitiate the potential for abuse of the substances which have
a depressant or stimulant effect on the central nervous system.
16-13-29.
The
controlled substances listed in this Code section are included in Schedule
V:
(1)
Any compound, mixture, or preparation containing limited quantities of any of
the following narcotic drugs, or salts thereof, which also contains one or more
nonnarcotic, active, medicinal ingredients in sufficient proportion to confer
upon the compound, mixture, or preparation valuable medicinal qualities other
than those possessed by the narcotic drug alone:
(A)
Not more than 200 milligrams of codeine, or any of its salts, per 100
milliliters or per 100 grams;
(B)
Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100
milliliters or per 100 grams;
(C)
Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100
milliliters or per 100 grams;
(D)
Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit;
(E)
Not more than 100 milligrams of opium per 100 milliliters or per 100
grams;
(2)
Lacosamide;
(3)
Pregabalin;
(4)
Pyrovalerone; or
(5)
Pseudoephedrine as an exempt over-the-counter
(OTC)
Schedule V controlled substance distributed in the same manner as set forth in
Code Section 16-13-29.2; provided, however, that such exemption shall take
effect immediately and shall not require
rulemaking
rule
making by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation; provided,
further, that wholesale drug distributors located within this state and licensed
by the
State Board
of Pharmacy
director
and which are registered and regulated by the
U.S. Drug
Enforcement Administration
(DEA)
shall not be subject to any board requirements for controlled substances for the
storage, reporting, recordkeeping, or physical security of drug products
containing pseudoephedrine which are more stringent than those included in DEA
regulations.
16-13-29.1.
The
following nonnarcotic substances which may, under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301), be lawfully sold over the counter without a
prescription, are excluded from all schedules of controlled substances under
this article:
|
Trade
name or
designation
(Dosage
form)
|
Composition/Potency
|
Manufacturer
or
distributor
|
|
Amodrine
(Tablet)
|
Phenobarbital/8.00
mg;
Aminophylline/100.00
mg;
Racephedrine/25.00
mg
|
Searle,
G.D. & Co.
|
|
Amodrine
E C
(Enteric-coated
tablet)
|
Phenobarbital/8.00
mg;
Aminophylline/100.00
mg;
Racephedrine/25.00
mg
|
Searle,
G.D. & Co.
|
|
Anodyne
(Ointment)
|
Chloral
hydrate/0.69 g/30 g
|
Zemmer
Co.
|
|
Anti-Asthma
(Tablet)
|
Phenobarbital/8.00
mg;
Theophylline/130.00
mg;
Ephedrine
hydrochloride/
25.00
mg
|
Ormont
Drug
&
Chem.
|
|
Anti-asthmatic
(Tablet)
|
Phenobarbital/8.10
mg;
Ephedrine
hydrochloride/
24.00
mg; Theophylline/
130.00
mg
|
Zenith
Labs., Inc.
|
|
Asma-Ese
(Tablet)
|
Phenobarbital/8.10
mg;
Theophylline/129.60
mg;
Ephedrine
hydrochloride/
24.30
mg
|
Parmed
Pharm.
|
|
Asma-Lief
(Tablet)
|
Phenobarbital/8.10
mg;
Ephedrine
hydrochloride/
24.30
mg; Theophylline/
129.60
mg
|
Columbia
Medical Co.
|
|
Asma-Lief
Pediatric
(Suspension)
|
Phenobarbital/4.00
mg/05 ml;
Ephedrine
hydrochloride/
12.00
mg/05 ml; Theophylline/ 65.00 mg/05 ml
|
Columbia
Medical Co.
|
|
Asma
Tuss
(Syrup)
|
Phenobarbital/4.00
mg/05 ml;
Glyceryl
guaiacolate/50.00
mg/05
ml; Chlorphentramine
maleate/1.00
mg/05 ml;
Ephedrine
sulfate/12.00
mg/05
ml; Theophylline/
15.00
mg/05 ml
|
Halsey
Drug Co.
|
|
Azma-Aid
(Tablet)
|
Phenobarbital/8.00
mg;
Theophylline/129.60
mg;
Ephedrine
hydrochloride/
24.30
mg
|
Rondex
Labs.
|
|
Azmadrine
(Tablet)
|
Phenobarbital/8.00
mg;
Ephedrine
hydrochloride/
24.00
mg; Theophylline/
130.00
mg
|
U.S.
Ethicals.
|
|
Benzedrex
Inhaler
(Inhaler)
|
Propylhexedrine
|
Smith
Kline
Consumer
Products.
|
|
Bet-U-Lol
(Liquid)
|
Chloral
hydrate/0.54 g/30 ml;
Methyl
salicylate/30.10 g/30 ml; Menthol/0.69 g/30 ml
|
Huxley
Pharm.
|
|
Bronkolixir
(Elixir)
|
Phenobarbital/4.00
mg/05 ml;
Theophylline/15.00
mg/05 ml;
Ephedrine
sulfate/12.00
mg/05
ml; Glyceryl
guaiacolate/50.00
mg/05 ml
|
Breon
Labs.
|
|
Bronkotabs
(Tablet)
|
Phenobarbital/8.00
mg;
Theophylline/100.00
mg;
Glyceryl
guaiacolate/100.00 mg; Ephedrine sulfate/24.00 mg
|
Breon
Labs.
|
|
Bronkotabs-Hafs
(Tablet)
|
Phenobarbital/4.00
mg;
Glyceryl
guaiacolate/50.00 mg; Theophylline/50.00 mg; Ephedrine sulfate/12.00
mg
|
Breon
Labs.
|
|
Ceepa
(Tablet)
|
Phenobarbital/8.00
mg;
Theophylline/130.00
mg;
Ephedrine
hydrochloride/
24.00
mg
|
Geneva
Drugs.
|
|
Chlorasal
(Ointment)
|
Chloral
hydrate/648.00 mg/30 g;
Menthol/972.00
mg/30 g;
Methyl
salicylate/4.277 g/30 g
|
Wisconsin
Pharmacal.
|
|
Choate's
Leg
Freeze
(Liquid)
|
Chloral
hydrate/7.40 g/30 ml;
Ether/10.3
ml/30 ml;
Menthol/6.3
g/30 ml;
Camphor/8.7
g/30 ml
|
Bickmore,
Inc.
|
|
Chloro-salicylate
(Ointment)
|
Chloral
hydrate/648.00
mg/30
g; Methyl
salicylate/6.66
g/30 g;
Menthol/1.13
g/30 g
|
Kremers-Urban
Co.
|
|
Menthalgesic
(Ointment)
|
Chloral
hydrate/0.45 g/30 g;
Menthol/0.45
g/30 g; Methyl
salicylate/3.60
g/30 g;
Camphor/0.45
g/30 g
|
Blue
Line Chem Co.
|
|
Neoasma
(Tablet)
|
Phenobarbital/10.00
mg;
Theophylline/130.00
mg;
Ephedrine
hydrochloride/
24.00
mg
|
Tarmac
Products.
|
|
P.E.C.T.
(Tablet)
|
Phenobarbital/8.10
mg;
Chlorpheniramine
maleate/
2.00
mg; Ephedrine
sulfate/24.30
mg;
Theophylline/129.60
mg
|
Halsom
Drug Co.
|
|
Primatene
(Tablet)
|
Phenobarbital/8.00
mg;
Ephedrine
hydrochloride/
24.00
mg; Theophylline/
130.00
mg
|
Whitehall
Labs.
|
|
Rynal
(Spray)
|
d1-methamphetamine
hydrochloride/0.11
g/50 ml; Antipyrine/0.14 g/50 ml; Pyriamine maleate/0.005 g/50 ml;
Hyamine
2389/0.01 g/50 ml
|
Blaine
Co.
|
|
S-K
Asthma
(Tablet)
|
Phenobarbital/8.00 mg;
Ephedrine
hydrochloride/
24.30
mg; Theophylline/
129.60
mg
|
S-K
Research Labs.
|
|
Tedral
(Tablet)
|
Phenobarbital/8.00
mg;
Theophylline/130.00
mg;
Ephedrine
hydrochloride/
24.00
mg
|
Warner-Chilcott.
|
|
Tedral
Anti H
(Tablet)
|
Phenobarbital/8.00
mg;
Chlorpheniramine
maleate/
2.00
mg; Theophylline/
130.00
mg; Ephedrine
hydrochloride/24.00
mg
|
Warner-Chilcott.
|
|
Tedral
Antiasthmatic
(Tablet)
|
Phenobarbital/8.00
mg;
Theophylline/130.00
mg;
Ephedrine
hydrochloride/
24.00
mg
|
Parke-Davis
& Co.
|
|
Tedral
Elixir
(Elixir)
|
Phenobarbital/2.00
mg/05 ml;
Ephedrine
hydrochloride/6.00
mg/05
ml; Theophylline/
32.50
mg/05 ml
|
Warner-Chilcott.
|
|
Tedral
Pediatric
(Suspension)
|
Phenobarbital/4.00
mg/05 ml;
Ephedrine
hydrochloride/12.00
mg/05
ml; Theophylline/
65.00
mg/05 ml
|
Warner-Chilcott.
|
|
Teephen
(Tablet)
|
Phenobarbital/8.00
mg;
Ephedrine
hydrochloride/
24.00
mg; Theophylline/
130.00
mg
|
Robinson
Labs.
|
|
Teephen
Pediatric
(Suspension)
|
Phenobarbital/4.00
mg/05 ml;
Ephedrine
hydrochloride/12.00
mg/05
ml; Theophylline
anhydrous/65.00
mg/05 ml
|
Robinson
Labs.
|
|
TEP
(Tablet)
|
Phenobarbital/8.00
mg;
Theophylline/130.00
mg;
Ephedrine
hydrochloride/
24.00
mg
|
Towne,
Paulsen &
Co.,
Inc.
|
|
T.E.P.
Compound
(Tablet)
|
Phenobarbital/8.10
mg;
Theophylline/129.60
mg;
Ephedrine
hydrochloride/
24.30
mg
|
Stanlabs,
Inc.
|
|
Thedrizem
(Tablet)
|
Phenobarbital/8.00
mg;
Ephedrine
hydrochloride/
25.00
mg; Theophylline/
100.00
mg
|
Zemmer
Co.
|
|
Theobal
(Tablet)
|
Phenobarbital/8.00
mg;
Ephedrine
hydrochloride/
24.00
mg; Theophylline/
130.00
mg
|
Halsey
Drug Co.
|
|
Val-Tep
(Tablet)
|
Phenobarbital/8.00
mg;
Ephedrine
hydrochloride/
24.00
mg; Theophylline/
130.00
mg
|
Vale
Chemical Co.
|
|
Verequad
(Suspension)
|
Phenobarbital/4.00
mg/05 ml;
Ephedrine
hydrochloride/
12.00
mg/05 ml; Theophylline calcium salicylate/65.00 mg/05 ml; Glyceryl
guaiacolate/
50.00
mg/05 ml
|
Knoll
Pharm.
|
|
Verequad
(Tablet)
|
Phenobarbital/8.00
mg; Ephedrine
hydrochloride/24.00
mg;
Glyceryl
guaiacolate/100.00 mg;
Theophylline
calcium
salicylate/130.00
mg
|
Knoll
Pharm.
|
|
Vicks
Inhaler
(Inhaler)
|
1-Desoxyephedrine/113.00
mg
|
Vick
Chemical Co.
|
16-13-29.2.
The
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation shall have the
authority to exempt and control the sale of Schedule V controlled substances by
rule which shall allow the sale of such substances without the need for issuance
of a prescription from a medical practitioner and shall require such substances
to be sold only in a pharmacy when such substances are sold without a
prescription. Such substances shall be known as Exempt Over-the-Counter (OTC)
Schedule V Controlled Substances.
16-13-30.
(a)
Except as authorized by this article, it is unlawful for any person to purchase,
possess, or have under his control any controlled substance.
(b)
Except as authorized by this article, it is unlawful for any person to
manufacture, deliver, distribute, dispense, administer, sell, or possess with
intent to distribute any controlled substance.
(c)
Except as otherwise provided, any person who violates subsection (a) of this
Code section with respect to a controlled substance in Schedule I or a narcotic
drug in Schedule II shall be guilty of a felony and, upon conviction thereof,
shall be punished by imprisonment for not less than two years nor more than 15
years. Upon conviction of a second or subsequent offense, he shall be imprisoned
for not less than five years nor more than 30 years.
(d)
Except as otherwise provided, any person who violates subsection (b) of this
Code section with respect to a controlled substance in Schedule I or Schedule II
shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than five years nor more than 30 years. Upon
conviction of a second or subsequent offense, he or she shall be imprisoned for
not less than ten years nor more than 40 years or life imprisonment. The
provisions of subsection (a) of Code Section 17-10-7 shall not apply to a
sentence imposed for a second such offense; provided, however, that the
remaining provisions of Code Section 17-10-7 shall apply for any subsequent
offense.
(e)
Any person who violates subsection (a) of this Code section with respect to a
controlled substance in Schedule II, other than a narcotic drug, shall be guilty
of a felony and, upon conviction thereof, shall be punished by imprisonment for
not less than two years nor more than 15 years. Upon conviction of a second or
subsequent offense, he shall be punished by imprisonment for not less than five
years nor more than 30 years.
(f)
Reserved.
(g)
Any person who violates subsection (a) of this Code section with respect to a
controlled substance in Schedule III, IV, or V shall be guilty of a felony and,
upon conviction thereof, shall be punished by imprisonment for not less than one
year nor more than five years. Upon conviction of a second or subsequent
offense, he shall be imprisoned for not less than one year nor more than ten
years.
(h)
Any person who violates subsection (b) of this Code section with respect to a
controlled substance in Schedule III, IV, or V shall be guilty of a felony and,
upon conviction thereof, shall be punished by imprisonment for not less than one
year nor more than ten years.
(i)
Except as authorized by this article, it is unlawful for any person to possess,
have under his control, manufacture, deliver, distribute, dispense, administer,
purchase, sell, or possess with intent to distribute a counterfeit substance.
Any person who violates this subsection shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than one year
nor more than ten years.
(j)(1)
It is unlawful for any person to possess, have under his control, manufacture,
deliver, distribute, dispense, administer, purchase, sell, or possess with
intent to distribute marijuana.
(2)
Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in
Code Section 16-13-2, any person who violates this subsection shall be guilty of
a felony and, upon conviction thereof, shall be punished by imprisonment for not
less than one year nor more than ten years.
(k)
It shall be unlawful for any person to hire, solicit, engage, or use an
individual under the age of 17 years, in any manner, for the purpose of
manufacturing, distributing, or dispensing, on behalf of the solicitor, any
controlled substance, counterfeit substance, or marijuana unless the
manufacturing, distribution, or dispensing is otherwise allowed by law. Any
person who violates this subsection shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than five
years nor more than 20 years or by a fine not to exceed $20,000.00, or
both.
(l)(1)
Any person who violates subsection (a) of this Code section with respect to
flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than two years nor more than 15 years. Upon conviction of a second or subsequent
offense, such person shall be punished by imprisonment for not less than five
years nor more than 30 years.
(2)
Any person who violates subsection (b) of this Code section with respect to
flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than five years nor more than 30 years. Upon conviction of a second or
subsequent offense, such person shall be punished by imprisonment for not less
than ten years nor more than 40 years or life imprisonment. The provisions of
subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for
a second such offense, but that subsection and the remaining provisions of Code
Section 17-10-7 shall apply for any subsequent offense.
16-13-30.1.
(a)(1)
It is unlawful for any person knowingly to manufacture, deliver, distribute,
dispense, possess with the intent to distribute, or sell a noncontrolled
substance upon either:
(A)
The express or implied representation that the substance is a narcotic or
nonnarcotic controlled substance;
(B)
The express or implied representation that the substance is of such nature or
appearance that the recipient of said delivery will be able to distribute said
substance as a controlled substance; or
(C)
The express or implied representation that the substance has essentially the
same pharmacological action or effect as a controlled substance.
(2)
The definitions of the terms 'deliver,' 'delivery,' 'distribute,' 'dispense,'
and 'manufacture' provided in Code Section 16-13-21 shall not be applicable to
this Code section; but such terms as used in this Code section shall have the
meanings ascribed to them in the ordinary course of business.
(b)
An implied representation may be shown by proof of any two of the
following:
(1)
The manufacture, delivery, distribution, dispensing, or sale included an
exchange or a demand for money or other valuable property as consideration for
delivery of the substance and the amount of such consideration was substantially
in excess of the reasonable value of the noncontrolled substance;
(2)
The physical appearance of the finished product containing the substance is
substantially identical to a specific controlled substance;
(3)
The finished product bears an imprint, identifying mark, number, or device which
is substantially identical to the trademark, identifying mark, imprint, number,
or device of a manufacturer licensed by the Food and Drug Administration of the
United States Department of Health and Human Services.
(c)
In any prosecution for unlawful manufacture, delivery, distribution, possession
with intent to distribute, dispensing, or sale of a noncontrolled substance, it
is no defense that the accused believed the noncontrolled substance to be
actually a controlled substance.
(d)
The provisions of this Code section shall not prohibit a duly licensed business
establishment, acting in the usual course of business, from selling or for a
practitioner, acting in the usual course of his professional practice, from
dispensing a drug preparation manufactured by a manufacturer licensed by the
Food and Drug Administration of the United States Department of Health and Human
Services for over-the-counter sale which does not bear a label stating 'Federal
law prohibits dispensing without a prescription' or similar language meaning
that the drug preparation requires a prescription.
(e)
The unlawful manufacture, delivery, distribution, dispensing, possession with
the intention to distribute, or sale of a noncontrolled substance in violation
of this Code section is a felony and, upon conviction thereof, such person shall
be punished by imprisonment for not less than one year nor more than ten years
or by a fine not to exceed $25,000.00, or both.
(f)
All property which would be subject to forfeiture under the provisions of
subsection (d) of Code Section 16-13-49 for a violation of this article which is
used, or intended for use, to facilitate, or is derived from, a violation of
this Code section and any noncontrolled substance which is manufactured,
distributed, dispensed, possessed with the intent to distribute, or sold in
violation of this Code section are declared to be contraband and there shall be
no property interest therein. Any property or noncontrolled substance which is
subject to the provisions of this subsection shall be forfeited in accordance
with the procedures of Code Section 16-13-49.
16-13-30.2.
(a)
Any person who knowingly manufactures, distributes, or possesses with intent to
distribute an imitation controlled substance as defined in paragraph (12.1) of
Code Section 16-13-21 is guilty of a misdemeanor of a high and aggravated
nature.
(b)
The provisions of this Code section are cumulative and shall not be construed as
restricting any remedy, provisional or otherwise, provided by law for the
benefit of any party.
(c)
No civil or criminal liability shall be imposed by virtue of this Code section
on any person registered under this article who manufactures, distributes, or
possesses an imitation controlled substance for use by a practitioner, as
defined in paragraph (23) of Code Section 16-13-21, in the course of lawful
professional practice or research.
(d)
All materials which are manufactured, distributed, or possessed in violation of
this Code section are declared to be contraband and shall be forfeited according
to the procedure described in Code Section 16-13-49.
16-13-30.3.
(a)
As used in this Code section, the term:
(1)
'Ephedrine,' 'pseudoephedrine,' or 'phenylpropanolamine' means any drug product
containing ephedrine, pseudoephedrine, or phenylpropanolamine, or any of their
salts, isomers, or salts of isomers, alone or in a mixture.
(2)
'Personal use' means the sale in a single transaction to an individual customer
for a legitimate medical use of a product containing ephedrine, pseudoephedrine,
or phenylpropanolamine in quantities at or below that specified in subsection
(b) of this Code section, and includes the sale of those products to employers
to be dispensed to employees from first-aid kits or medicine
chests.
(3)
'Retail distributor' means a grocery store, general merchandise store,
drugstore, convenience store, or other related entity, the activities of which
involve the distribution of ephedrine, pseudoephedrine, or phenylpropanolamine
products.
(b)(1)
It is unlawful for any person, other than a person or entity described in
paragraph (28), (29), or (33) of Code Section 26-4-5 or a retail distributor, to
knowingly possess any product that contains ephedrine, pseudoephedrine, or
phenylpropanolamine in an amount which exceeds 300 pills, tablets, gelcaps,
capsules, or other individual units or more than 9 grams of ephedrine,
pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of
isomers, or a combination of any of these substances, whichever is
smaller.
(2)
It shall be unlawful for any person to possess any amount of a substance set
forth in this Code section with the intent to manufacture amphetamine or
methamphetamine.
(3)
Any person who violates the provisions of this Code section shall be guilty of a
felony and, upon conviction thereof, shall be punished by imprisonment for not
less than one year nor more than ten years.
(b.1)(1)
Products whose sole active ingredient is pseudoephedrine may be offered for
retail sale only if sold in blister packaging. Such products may not be offered
for retail sale by self-service but only from behind a counter or other barrier
so that such products are not directly accessible by the public but only by a
retail store employee or agent.
(2)
No person shall deliver in any single over the counter sale more than three
packages of any product containing pseudoephedrine as the sole active ingredient
or in combination with other active ingredients or any number of packages that
contain a combined total of more than nine grams of pseudoephedrine or its base,
salts, optical isomers, or salts of its optical isomers.
(3)
It shall be unlawful for a retail distributor to purchase any product containing
pseudoephedrine from any person or entity other than a manufacturer or a
wholesale distributor licensed by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation.
(4)
This subsection shall not apply to:
(A)
Pediatric products labeled pursuant to federal regulation as primarily intended
for administration to children under 12 years of age according to label
instructions; and
(B)
Products that the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation, upon
application of a manufacturer, exempts because the product is formulated in such
a way as to effectively prevent the conversion of the active ingredient into
methamphetamine or its salts or precursors.
(5)
This subsection shall preempt all local ordinances or regulations governing the
retail sale of over the counter products containing pseudoephedrine by a retail
business except such local ordinances or regulations that existed on or before
December 31, 2004. Effective January 1, 2006, this subsection shall preempt all
local ordinances.
(6)(A)
Except as otherwise provided herein, it shall be unlawful for any person
knowingly to violate any prohibition contained in paragraph (1), (2), or (3) of
this subsection.
(B)
Any person convicted of a violation of paragraph (1) or (2) of this subsection
shall be guilty of a misdemeanor which, upon the first conviction, shall be
punished by a fine of not more than $500.00 and, upon the second or subsequent
conviction, shall be punished by not more than six months' imprisonment or a
fine of not more than $1,000.00, or both.
(C)
Any person convicted of a violation of paragraph (3) of this subsection shall,
upon the first conviction, be guilty of a misdemeanor and, upon the second or
subsequent conviction, be guilty of a misdemeanor of a high and aggravated
nature.
(D)
It shall be a defense to a prosecution of a retail business or owner or operator
thereof for violation of paragraph (1) or (2) of this subsection that, at the
time of the alleged violation, all of the employees of the retail business had
completed training under Georgia Meth Watch, the retail business was in
compliance with Georgia Meth Watch, and the defendant did not knowingly,
willfully, or intentionally violate paragraph (1) or (2) of this subsection.
For purposes of this subsection only, the term 'Georgia Meth Watch' shall mean
that program entitled 'Georgia Meth Watch' or similar program which has been
promulgated, approved, and distributed by the Georgia Council on Substance
Abuse.
(7)
Except as otherwise provided in this subsection, the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation may adopt
reasonable rules and regulations to effectuate the provisions of this
subsection. The board is further authorized to charge reasonable fees to defray
expenses incurred in maintaining any records or forms necessitated by this
subsection or otherwise administering any other provisions of this
subsection.
(c)
This Code section shall not apply to:
(1)
Pediatric products primarily intended for administration to children under 12
years of age, according to label instructions, either:
(A)
In solid dosage form whose recommended dosage, according to label instructions,
does not exceed 15 milligrams of ephedrine, pseudoephedrine, or
phenylpropanolamine per individual dosage unit; or
(B)
In liquid form whose recommended dosage, according to label instructions, does
not exceed 15 milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine
per five milliliters of liquid product;
(2)
Pediatric liquid products primarily intended for administration to children
under two years of age for which the recommended dosage does not exceed two
milliliters and the total package content does not exceed one fluid ounce;
or
(3)
Products that the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation, upon
application of a manufacturer, exempts by rule from this Code section because
the product has been formulated in such a way as to prevent effectively the
conversion of the active ingredient into methamphetamine or its salts or
precursors.
(d)
Except as authorized by this article, it is unlawful for any person to possess,
have under his or her control, manufacture, deliver, distribute, dispense,
administer, purchase, sell, or possess with intent to distribute any substance
containing any amounts of ephedrine, pseudoephedrine, phenylpropanolamine, or
any of their salts, optical isomers, or salts of optical isomers which have been
altered from their original condition so as to be powdered, liquefied, or
crushed. This subsection shall not apply to any of the substances identified
within this subsection which are possessed or altered for a legitimate medical
purpose. Any person who violates this subsection shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than one year nor more than ten years.
16-13-30.4.
(a)
As used in this Code section and unless otherwise specified, the term 'board'
or 'board
of pharmacy' shall mean the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation.
(b)(1)
A wholesale distributor who sells, transfers, purchases for resale, or
otherwise furnishes any product containing pseudoephedrine must first obtain a
license from the board
of
pharmacy; provided, however, that a
wholesale distributor that has a valid license as a wholesale distributor under
Code Section 26-4-113 shall not be required to obtain an additional license
under this Code section.
(2)
Wholesale distributors licensed under Code Section 26-4-113 shall be subject to
the provisions of this Code section in the same manner as wholesale distributors
licensed under this Code section.
(3)
Every wholesale distributor licensed as provided in this Code section
shall:
(A)
Submit reports, upon verbal or written request from the Georgia Drugs and
Narcotics Agency, the Georgia Bureau of Investigation, or the sheriff of a
county or the police chief of a municipality located in this state, to account
for all transactions with persons or firms located within this state; such
reportable transactions shall include all sales, distribution, or transactions
dealing with products containing pseudoephedrine; and
(B)
Within seven days, notify the Georgia Drugs and Narcotics Agency of any
purchases of products containing pseudoephedrine from the wholesale distributor
which the wholesaler judges to be excessive.
(4)
Whenever any firm or person located in this state receives, purchases, or
otherwise gains access to products containing pseudoephedrine from any wholesale
distributor, whether located in or outside this state, such firm or person shall
maintain a copy of such wholesale distributor's license issued by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation. Such firm or
person shall maintain copies of all invoices, receipts, and other records
regarding such products containing pseudoephedrine for a minimum of three years
from the date of receipt, purchase, or access. Failure to maintain records to
verify the presence of any and all products containing pseudoephedrine being
held by a firm or person shall subject such products containing pseudoephedrine
to being embargoed or seized by proper law enforcement authorities until such
time as proof can be shown that such products containing pseudoephedrine were
obtained from a Georgia licensed wholesale distributor.
(5)
Agents of the Georgia Drugs and Narcotics Agency, agents of the Georgia Bureau
of Investigation, and the sheriff of a county or the police chief of a county or
municipality in this state in which a firm or person that receives, purchases,
or otherwise gains access to products containing pseudoephedrine is located may
request to review the receiving records for such products. Failure to provide
such records within five business days following such request to account for the
presence of such products shall result in the embargo or seizure of such
products.
(c)
A license or permit obtained pursuant to this Code section shall be denied,
suspended, or revoked by the board
of
pharmacy upon finding that the licensee or
permit holder has:
(1)
Furnished false or fraudulent material information in any application filed
under this Code section;
(2)
Been convicted of a crime under any state or federal law relating to any
controlled substance;
(3)
Had his or her federal registration suspended or revoked to manufacture,
distribute, or dispense controlled substances;
(4)
Violated the provisions of Chapter 4 of Title 26; or
(5)
Failed to maintain effective controls against the diversion of products
containing pseudoephedrine to unauthorized persons or entities.
(d)
The board
of
pharmacy may adopt reasonable rules and
regulations to effectuate the provisions of this Code section. The board is
further authorized to charge reasonable fees to defray expenses incurred in
issuing any licenses or permits, maintaining any records or forms required by
this Code section, and the administration of the provisions of this Code
section.
(e)
Notwithstanding any other provision of this Code section to the contrary, no
person shall be required to obtain a license or permit for the sale, receipt,
transfer, or possession of a product containing pseudoephedrine
when:
(1)
Such lawful distribution takes place in the usual course of business between
agents or employees of a single regulated person or entity; or
(2)
A product containing pseudoephedrine is delivered to or by a common or contract
carrier for carriage in the lawful and usual course of the business of the
common or contract carrier or to or by a warehouseman for storage in the lawful
and usual course of the business of the warehouseman.
(f)
All products containing pseudoephedrine that have been or that are intended to
be sold, transferred, purchased for resale, possessed, or otherwise transferred
in violation of a provision of this Code section shall be subject to forfeiture
to the state and no property right shall exist in them.
(g)(1)
Any person who sells, transfers, receives, or possesses a product containing
pseudoephedrine violates this Code section if the person:
(A)
Knowingly fails to comply with the reporting requirements of this Code
section;
(B)
Knowingly makes a false statement in a report or record required by this Code
section or the rules adopted thereunder; or
(C)
Is required by this Code section to have a license or permit and knowingly or
deliberately fails to obtain such a license or permit.
(2)
It shall be illegal for a person to possess, sell, transfer, or otherwise
furnish a product containing pseudoephedrine if such person possesses, sells,
transfers, or furnishes the substance with the knowledge or intent that the
substance will be used in the unlawful manufacture of a controlled
substance.
(3)(A)
A person who violates paragraph (2) of this subsection shall be guilty of a
felony and, upon conviction thereof, shall be punished by imprisonment for not
less than one nor more than 15 years or by a fine not to exceed $100,000.00, or
both.
(B)
A person who violates any provision of this Code Section other than paragraph
(2) of this subsection shall be guilty of a misdemeanor on the first offense and
a misdemeanor of a high and aggravated nature on the second and subsequent
offenses.
16-13-30.5.
(a)
It shall be illegal for a person to possess, whether acquired through theft or
other means, any substance with the intent to:
(1)
Use such substance in the manufacture of a Schedule I or Schedule II controlled
substance; or
(2)
Knowingly convey such substance to another for use in the manufacture of a
Schedule I or Schedule II controlled substance.
(b)
In determining whether a particular substance is possessed with the intent
required to violate subsection (a) of this Code section, the court or other
authority making such a determination may, in addition to all other logically
relevant factors, consider the following:
(1)
Statements by the owner or anyone in control of the substance concerning its
use;
(2)
Prior convictions, if any, of the owner or of anyone in control of the substance
for violation of any state or federal law relating to the sale or manufacture of
controlled substances;
(3)
Instructions or descriptive materials of any kind accompanying the substance or
found in the owner's or controlling person's possession concerning, explaining,
or depicting its use;
(4)
The manner in which the substance is displayed or offered for sale;
(5)
The quantity and location of the substance considered in relation to the
existence and scope of legitimate uses for the substance in the community;
and
(6)
Expert testimony concerning the substance's use.
(c)
This Code section shall not apply where possession was by a person authorized by
law to dispense, prescribe, manufacture, or possess the substance in
question.
(d)
A person who violates this Code section shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than one nor
more than 15 years or by a fine not to exceed $100,000.00, or both.
16-13-30.6.
(a)
As used in this Code section, the term:
(1)
'Marijuana flavored product' means any product, including lollipops, gumdrops,
or other candy, which is flavored to taste like marijuana or hemp. The term
shall include, but is not limited to, 'Chronic Candy,' 'Kronic Kandy,' or 'Pot
Suckers.'
(2)
'Minor' means any person under the age of 18 years.
(3)
'Person' means any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, limited liability company, joint
venture, joint stock association, or other entity or business organization of
any kind.
(b)
The General Assembly finds and determines that:
(1)
According to the '2004 Monitoring the Future Study' conducted by the University
of Michigan, 16.3 percent of eighth graders, 35.1 percent of tenth graders, and
45.7 percent of twelfth graders reported using marijuana at least once during
their lifetimes;
(2)
According to a 2002 Substance Abuse and Mental Health Service Administration
report, 'Initiation of Marijuana Use: Trends, Patterns and Implications,' the
younger children are when they first use marijuana, the more likely they are to
use cocaine and heroin and become drug dependent as adults;
(3)
Marijuana abuse is associated with many negative health effects, including
frequent respiratory infections, impaired memory and learning, increased heart
rate, anxiety, and panic attacks;
(4)
Marijuana users have many of the same respiratory problems that are associated
with tobacco use;
(5)
According to the '2001 National Household Survey on Drug Abuse,' marijuana is
the nation's most commonly used illicit drug, and more than 83,000,000 Americans
aged 12 and older have tried marijuana at least once;
(6)
Use of marijuana has been shown to lower test scores among high school students,
and workers who smoke marijuana are more likely to have problems on their
jobs;
(7)
Federal, state, and local governments spend millions of dollars annually on
programs educating people about the hazards of drugs, and the marketing of
marijuana flavored substances would have an adverse impact upon these
programs;
(8)
The sale of marijuana flavored products, including lollipops and gum drops,
which claim 'every lick is like taking a hit' is a marketing ploy that
perpetuates an unhealthy culture and should not be permitted in the State of
Georgia;
(9)
Marijuana flavored products are a threat to minors in the State of Georgia
because such products give the false impression that marijuana is fun and
safe;
(10)
Marijuana flavored products packaged as candy or lollipops falling into the
hands of unsuspecting minors may serve as a gateway to future use of marijuana
and other drugs; and
(11)
Merchants who sell marijuana flavored products are promoting marijuana use and
creating new customers for drug dealers in the State of Georgia.
Therefore,
the purpose of this Code section is to prohibit the purchase and sale of
marijuana flavored products to minors in the State of Georgia.
(c)
It shall be unlawful for any person knowingly to sell, deliver, distribute, or
provide to a minor or knowingly possess with intent to sell, deliver,
distribute, or provide to a minor any marijuana flavored product in the State of
Georgia.
(d)
It shall be unlawful for any minor falsely to represent to any person that such
minor is 18 years of age or older with the intent to purchase or otherwise
obtain any marijuana flavored product.
(e)
Any person who violates subsection (c) of this Code section shall be guilty of a
misdemeanor and shall be subject to a fine of $500.00 for each offense. Each
sale in violation of this Code section shall constitute a separate
offense.
16-13-31.
(a)(1)
Any person who knowingly sells, manufactures, delivers, or brings into this
state or who is knowingly in possession of 28 grams or more of cocaine or of any
mixture with a purity of 10 percent or more of cocaine, as described in Schedule
II, in violation of this article commits the felony offense of trafficking in
cocaine and, upon conviction thereof, shall be punished as follows:
(A)
If the quantity of the cocaine or the mixture involved is 28 grams or more, but
less than 200 grams, the person shall be sentenced to a mandatory minimum term
of imprisonment of ten years and shall pay a fine of $200,000.00;
(B)
If the quantity of the cocaine or the mixture involved is 200 grams or more, but
less than 400 grams, the person shall be sentenced to a mandatory minimum term
of imprisonment of 15 years and shall pay a fine of $300,000.00;
and
(C)
If the quantity of the cocaine or the mixture involved is 400 grams or more, the
person shall be sentenced to a mandatory minimum term of imprisonment of 25
years and shall pay a fine of $1 million.
(2)
Any person who knowingly sells, manufactures, delivers, or brings into this
state or who is knowingly in possession of any mixture with a purity of less
than 10 percent of cocaine, as described in Schedule II, in violation of this
article commits the felony offense of trafficking in cocaine if the total weight
of the mixture multiplied by the percentage of cocaine contained in the mixture
exceeds any of the quantities of cocaine specified in paragraph (1) of this
subsection. Upon conviction thereof, such person shall be punished as provided
in paragraph (1) of this subsection depending upon the quantity of cocaine such
person is charged with knowingly selling, manufacturing, delivering, or bringing
into this state or knowingly possessing.
(b)
Any person who knowingly sells, manufactures, delivers, brings into this state,
or has possession of 4 grams or more of any morphine or opium or any salt,
isomer, or salt of an isomer thereof, including heroin, as described in
Schedules I and II, or 4 grams or more of any mixture containing any such
substance in violation of this article commits the felony offense of trafficking
in illegal drugs and, upon conviction thereof, shall be punished as
follows:
(1)
If the quantity of such substances involved is 4 grams or more, but less than 14
grams, the person shall be sentenced to a mandatory minimum term of imprisonment
of five years and shall pay a fine of $50,000.00;
(2)
If the quantity of such substances involved is 14 grams or more, but less than
28 grams, the person shall be sentenced to a mandatory minimum term of
imprisonment of ten years and shall pay a fine of $100,000.00; and
(3)
If the quantity of such substances involved is 28 grams or more, the person
shall be sentenced to a mandatory minimum term of imprisonment of 25 years and
shall pay a fine of $500,000.00.
(c)
Any person who knowingly sells, manufactures, grows, delivers, brings into this
state, or has possession of a quantity of marijuana exceeding 10 pounds commits
the offense of trafficking in marijuana and, upon conviction thereof, shall be
punished as follows:
(1)
If the quantity of marijuana involved is in excess of 10 pounds, but less than
2,000 pounds, the person shall be sentenced to a mandatory minimum term of
imprisonment of five years and shall pay a fine of $100,000.00;
(2)
If the quantity of marijuana involved is 2,000 pounds or more, but less than
10,000 pounds, the person shall be sentenced to a mandatory minimum term of
imprisonment of seven years and shall pay a fine of $250,000.00;
and
(3)
If the quantity of marijuana involved is 10,000 pounds or more, the person shall
be sentenced to a mandatory minimum term of imprisonment of 15 years and shall
pay a fine of $1 million.
(d)
Any person who knowingly sells, manufactures, delivers, or brings into this
state 200 grams or more of methaqualone or of any mixture containing
methaqualone, as described in paragraph (6) of Code Section 16-13-25, in
violation of this article commits the felony offense of trafficking in
methaqualone and, upon conviction thereof, shall be punished as
follows:
(1)
If the quantity of the methaqualone or the mixture involved is 200 grams or
more, but less than 400 grams, the person shall be sentenced to a mandatory
minimum term of imprisonment of five years and shall pay a fine of $50,000.00;
and
(2)
If the quantity of the methaqualone or the mixture involved is 400 grams or
more, the person shall be sentenced to a mandatory minimum term of imprisonment
of 15 years and shall pay a fine of $250,000.00.
(e)
Any person who knowingly sells, delivers, or brings into this state or has
possession of 28 grams or more of methamphetamine, amphetamine, or any mixture
containing either methamphetamine or amphetamine, as described in Schedule II,
in violation of this article commits the felony offense of trafficking in
methamphetamine or amphetamine and, upon conviction thereof, shall be punished
as follows:
(1)
If the quantity of methamphetamine, amphetamine, or a mixture containing either
substance involved is 28 grams or more, but less than 200 grams, the person
shall be sentenced to a mandatory minimum term of imprisonment of ten years and
shall pay a fine of $200,000.00;
(2)
If the quantity of methamphetamine, amphetamine, or a mixture containing either
substance involved is 200 grams or more, but less than 400 grams, the person
shall be sentenced to a mandatory minimum term of imprisonment of 15 years and
shall pay a fine of $300,000.00; and
(3)
If the quantity of methamphetamine, amphetamine, or a mixture containing either
substance involved is 400 grams or more, the person shall be sentenced to a
mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1
million.
(f)
Any person who knowingly manufactures methamphetamine, amphetamine, or any
mixture containing either methamphetamine or amphetamine, as described in
Schedule II, in violation of this article commits the felony offense of
trafficking methamphetamine or amphetamine and, upon conviction thereof, shall
be punished as follows:
(1)
If the quantity of methamphetamine, amphetamine, or a mixture containing either
substance involved is less than 200 grams, the person shall be sentenced to a
mandatory minimum term of imprisonment of ten years and shall pay a fine of
$200,000.00;
(2)
If the quantity of methamphetamine, amphetamine, or a mixture containing either
substance involved is 200 grams or more, but less than 400 grams, the person
shall be sentenced to a mandatory minimum term of imprisonment of 15 years and
shall pay a fine of $300,000.00; and
(3)
If the quantity of methamphetamine, amphetamine, or a mixture containing either
substance involved is 400 grams or more, the person shall be sentenced to a
mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1
million.
(g)(1)
Except as provided in paragraph (2) of this subsection and notwithstanding Code
Section 16-13-2, with respect to any person who is found to have violated this
Code section, adjudication of guilt or imposition of sentence shall not be
suspended, probated, deferred, or withheld prior to serving the mandatory
minimum term of imprisonment prescribed by this Code section.
(2)
The district attorney may move the sentencing court to impose a reduced or
suspended sentence upon any person who is convicted of a violation of this Code
section and who provides substantial assistance in the identification, arrest,
or conviction of any of his accomplices, accessories, coconspirators, or
principals. Upon good cause shown, the motion may be filed and heard in camera.
The judge hearing the motion may impose a reduced or suspended sentence if he
finds that the defendant has rendered such substantial assistance.
(h)
Any person who violates any provision of this Code section in regard to
trafficking in cocaine, illegal drugs, marijuana, or methamphetamine shall be
punished by imprisonment for not less than five years nor more than 30 years and
by a fine not to exceed $1 million.
16-13-31.1.
Any
person who knowingly sells, manufactures, delivers, brings into this state, or
has possession of 28 grams or more of 3, 4-methylenedioxyamphetamine or 3,
4-methylenedioxymethamphetamine, or any mixture containing 3,
4-methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine as described
in Schedule I, in violation of this article commits the felony offense of
trafficking in 3, 4-methylenedioxyamphetamine or 3,
4-methylenedioxymethamphetamine and, upon conviction thereof, shall be punished
as follows:
(1)
If the quantity of such substance involved is 28 grams or more, but less than
200 grams, the person shall be sentenced to a mandatory minimum term of
imprisonment of three years but not more than 30 years and shall pay a fine of
not less than $25,000.00 nor more than $250,000.00;
(2)
If the quantity of such substance involved is 200 grams or more, but less than
400 grams, the person shall be sentenced to a mandatory minimum term of
imprisonment of five years but not more than 30 years and shall pay a fine of
not less than $50,000.00 nor more than $250,000.00; and
(3)
If the quantity of such substance involved is 400 grams or more, the person
shall be sentenced to a mandatory minimum term of imprisonment of ten years but
not more than 30 years and shall pay a fine of not less than $100,000.00 nor
more than $250,000.00.
16-13-32.
(a)
As used in this Code section, the term:
(1)
'Drug related object' means any instrument, device, or object which is designed
or marketed as useful primarily for one or more of the following
purposes:
(A)
To inject, ingest, inhale, or otherwise introduce marijuana or a controlled
substance into the human body;
(B)
To enhance the effect of marijuana or a controlled substance on the human
body;
(C)
To test the strength, effectiveness, or purity of marijuana or a controlled
substance;
(D)
To process or prepare marijuana or a controlled substance for introduction into
the human body;
(E)
To conceal any quantity of marijuana or a controlled substance; or
(F)
To contain or hold marijuana or a controlled substance while it is being
introduced into the human body.
(2)
'Knowing' means either actual or constructive knowledge of the drug related
nature of the object; and a person or corporation has constructive knowledge of
the drug related nature of the object if he or it has knowledge of facts which
would put a reasonable and prudent person on notice of the drug related nature
of the object.
(b)
It shall be unlawful for any person or corporation, knowing the drug related
nature of the object, to sell, lend, rent, lease, give, exchange, or otherwise
distribute to any person any drug related object. It shall also be unlawful for
any person or corporation, knowing the drug related nature of the object, to
display for sale, or possess with the intent to distribute any drug related
object. Unless stated within the body of the advertisement or notice that the
object that is advertised or about which information is disseminated is not
available for distribution of any sort in this state, it shall be unlawful for
any person or corporation, knowing the drug related nature of the object, to
distribute or disseminate in any manner to any person any advertisement of any
kind or notice of any kind which gives information, directly or indirectly, on
where, how, from whom, or by what means any drug related object may be obtained
or made.
(c)
It shall be unlawful for any person or corporation, other than a licensed
pharmacist, a pharmacy intern or pharmacy extern as defined in Code Section
26-4-5, or a practitioner licensed to dispense dangerous drugs, to sell, lend,
rent, lease, give, exchange, or otherwise distribute to any person a hypodermic
syringe or needle designed or marketed primarily for human use. It shall be an
affirmative defense that the hypodermic syringe or needle was marketed for a
legitimate medical purpose.
(d)
For a first offense, any person or corporation which violates any provision of
this Code section shall be guilty of a misdemeanor. For a second offense, the
defendant shall be guilty of a misdemeanor of a high and aggravated nature. For
a third or subsequent offense, the defendant shall be guilty of a felony and,
upon conviction thereof, shall be imprisoned for not less than one year nor more
than five years and shall be fined not more than $5,000.00.
(e)
All instruments, devices, and objects which are distributed or possessed in
violation of this Code section are declared to be contraband.
(f)
After conviction and after all direct appeals from the conviction have been
exhausted, any instruments, devices, or objects which are the subject of
prosecution under this Code section may be destroyed by the state or any county
or municipality thereof without court order.
(g)
Any instruments, devices, or objects which are seized after July 1, 1980, on
condemnation as being distributed or possessed in violation of this Code section
and which are not made the subject of prosecution under this Code section may be
destroyed by the state or any county or municipality thereof if within 90 days
after such seizures are made, the district attorney or the solicitor-general of
any court that has jurisdiction to try misdemeanors in the county where the
seizure occurred shall institute condemnation proceedings in the court by
petition, a copy of which shall be served upon the owner of the seized items, if
known; and if the owner is unknown, notice of such proceedings shall be
published once a week for two weeks in the newspaper in which the sheriff's
advertisements are published. The petition shall allege that the seized items
were distributed or possessed in violation of this Code section; and, if no
defense is filed within 30 days from the filing of the petition, judgment by
default shall be entered by the court at chambers, and the court shall order the
seized items to be destroyed; otherwise, the case shall proceed as other civil
cases in the court. Should the state prove, by a preponderance of the evidence,
that the seized items were distributed or possessed in violation of this Code
section, the court shall order the seized items to be destroyed.
16-13-32.1.
(a)
It shall be unlawful for any person or corporation to sell, rent, lease, give,
exchange, otherwise distribute, or possess with intent to distribute any object
or materials of any kind which such person or corporation intends to be used for
the purpose of planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the human body
marijuana or a controlled substance.
(b)
Unless stated within the body of the advertisement or notice that the object or
materials that are advertised or about which information is disseminated are not
available for distribution of any sort in this state, it shall be unlawful for
any person or corporation to sell, rent, lease, give, exchange, distribute, or
possess with intent to distribute any advertisement of any kind or notice of any
kind which gives information, directly or indirectly, on where, how, from whom,
or by what means any object or materials may be obtained or made, which object
or materials such person or corporation intends to be used for the purpose of
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, injecting, ingesting,
inhaling, or otherwise introducing into the human body marijuana or a controlled
substance.
(c)
In determining whether any object or materials are intended for any of the
purposes listed in subsections (a) and (b) of this Code section, a court or
other authority shall consider all logically relevant factors. In a trial under
this Code section, any evidence admissible on this question under the rules of
evidence shall be admitted. Subject to the rules of evidence, when they are the
object of an offer of proof in a court proceeding, the following factors are
among those that should be considered by a court or other authority on this
question:
(1)
Statements by an owner or anyone in control of the object or
materials;
(2)
Instructions provided with the object or materials;
(3)
Descriptive materials accompanying the object or materials;
(4)
National and local advertising or promotional materials concerning the object or
materials;
(5)
The appearance of, and any writing or other representations appearing on, the
object or materials;
(6)
The manner in which the object or materials are displayed for sale or other
distribution;
(7)
Expert testimony concerning the object or materials; and
(8)
Any written or pictorial materials which are present in the place where the
object is located.
(d)
For a first offense, any person or corporation which violates any provision of
this Code section shall be guilty of a misdemeanor. For a second offense, the
defendant shall be guilty of a misdemeanor of a high and aggravated nature. For
a third or subsequent offense, the defendant shall be guilty of a felony and,
upon conviction thereof, shall be imprisoned for not less than one year nor more
than five years and shall be fined not more than $5,000.00.
(e)
All objects and materials which are distributed or possessed in violation of
this Code section are declared to be contraband and shall be forfeited according
to the procedure described in Code Section 16-13-49.
16-13-32.2.
(a)
It shall be unlawful for any person to use, or possess with the intent to use,
any object or materials of any kind for the purpose of planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or otherwise
introducing into the human body marijuana or a controlled
substance.
(b)
Any person or corporation which violates any provision of this Code section
shall be guilty of a misdemeanor.
16-13-32.3.
(a)
It shall be unlawful for any person knowingly or intentionally to use any
communication facility in committing or in causing or facilitating the
commission of any act or acts constituting a felony under this chapter. Each
separate use of a communication facility shall be a separate offense under this
Code section. For purposes of this Code section, the term 'communication
facility' means any and all public and private instrumentalities used or useful
in the transmission of writing, signs, signals, pictures, or sounds of all kinds
and includes mail, telephone, wire, radio, computer or computer network, and all
other means of communication.
(b)
Any person who violates subsection (a) of this Code section shall be punished by
a fine of not more than $30,000.00 or by imprisonment for not less than one nor
more than four years, or both.
16-13-32.4.
(a)
It shall be unlawful for any person to manufacture, distribute, dispense, or
possess with intent to distribute a controlled substance or marijuana in, on, or
within 1,000 feet of any real property owned by or leased to any public or
private elementary school, secondary school, or school board used for elementary
or secondary education.
(b)
Any person who violates or conspires to violate subsection (a) of this Code
section shall be guilty of a felony and upon conviction shall receive the
following punishment:
(1)
Upon a first conviction, imprisonment for not more than 20 years or a fine of
not more than $20,000.00, or both; or
(2)
Upon a second or subsequent conviction, imprisonment for not less than five
years nor more than 40 years or a fine of not more than $40,000.00, or both. It
shall be mandatory for the court to impose a minimum sentence of five years
which may not be suspended unless otherwise provided by law.
A
sentence imposed under this Code section shall be served consecutively to any
other sentence imposed.
(c)
A conviction arising under this Code section shall not merge with a conviction
arising under any other provision of this article.
(d)
It shall be no defense to a prosecution for a violation of this Code section
that:
(1)
School was or was not in session at the time of the offense;
(2)
The real property was being used for other purposes besides school purposes at
the time of the offense; or
(3)
The offense took place on a school vehicle.
(e)
In a prosecution under this Code section, a map produced or reproduced by any
municipal or county agency or department for the purpose of depicting the
location and boundaries of the area on or within 1,000 feet of the real property
of a school board or a private or public elementary or secondary school that is
used for school purposes, or a true copy of the map, shall, if certified as a
true copy by the custodian of the record, be admissible and shall constitute
prima-facie evidence of the location and boundaries of the area, if the
governing body of the municipality or county has approved the map as an official
record of the location and boundaries of the area. A map approved under this
Code section may be revised from time to time by the governing body of the
municipality or county. The original of every map approved or revised under this
subsection or a true copy of such original map shall be filed with the
municipality or county and shall be maintained as an official record of the
municipality or county. This subsection shall not preclude the prosecution from
introducing or relying upon any other evidence or testimony to establish any
element of this offense. This subsection shall not preclude the use or
admissibility of a map or diagram other than the one which has been approved by
the municipality or county.
(f)
A county school board may adopt regulations requiring the posting of signs
designating the areas within 1,000 feet of school boards and private or public
elementary and secondary schools as 'Drug-free School Zones.'
(g)
It is an affirmative defense to prosecution for a violation of this Code section
that the prohibited conduct took place entirely within a private residence, that
no person 17 years of age or younger was present in such private residence at
any time during the commission of the offense, and that the prohibited conduct
was not carried on for purposes of financial gain. Nothing in this subsection
shall be construed to establish an affirmative defense with respect to any
offense under this chapter other than the offense provided for in subsection (a)
of this Code section.
16-13-32.5.
(a)
It shall be unlawful for any person to manufacture, distribute, dispense, or
possess with intent to distribute a controlled substance or marijuana or a
counterfeit substance in, on, or within 1,000 feet of any real property which
has been dedicated and set apart by the governing authority of any municipality,
county, state authority, or the state for use as a park, playground, recreation
center, or for any other recreation purposes, unless the manufacture,
distribution, or dispensing is otherwise allowed by law.
(b)
It shall be unlawful for any person to manufacture, distribute, dispense, or
possess with intent to distribute a controlled substance or marijuana or a
counterfeit substance in, on, or within 1,000 feet of any real property of any
publicly owned or publicly operated housing project, unless the manufacture,
distribution, or dispensing is otherwise allowed by law. For the purposes of
this Code section, the term 'housing project' means any facilities under the
jurisdiction of a housing authority which constitute single or multifamily
dwelling units occupied by low and moderate-income families pursuant to Chapter
3 of Title 8.
(c)
Any person who violates or conspires to violate subsection (a) or (b) of this
Code section shall be guilty of a felony and upon conviction shall receive the
following punishment:
(1)
Upon a first conviction, imprisonment for not more than 20 years or a fine of
not more than $20,000.00, or both; or
(2)
Upon a second or subsequent conviction, imprisonment for not less than five
years nor more than 40 years or a fine of not more than $40,000.00, or both. It
shall be mandatory for the court to impose a minimum sentence of five years
which may not be suspended unless otherwise provided by law.
A
sentence imposed under this Code section shall be served consecutively to any
other sentence imposed.
(d)
A conviction arising under this Code section shall not merge with a conviction
arising under any other provision of this article.
(e)
In a prosecution under this Code section, a map produced or reproduced by any
municipal or county agency or department for the purpose of depicting the
location and boundaries of the area on or within 1,000 feet of the real property
of any publicly owned or publicly operated housing project or the real property
set apart for use as a park, playground, recreation center, or for any other
recreation purposes, or a true copy of the map, shall, if certified as a true
copy by the custodian of the record, be admissible and shall constitute
prima-facie evidence of the location and boundaries of the area, if the
governing body of the municipality or county has approved the map as an official
record of the location and boundaries of the area. A map approved under this
Code section may be revised from time to time by the governing body of the
municipality or county. The original of every map approved or revised under this
subsection or a true copy of such original map shall be filed with the
municipality or county and shall be maintained as an official record of the
municipality or county. This subsection shall not preclude the prosecution from
introducing or relying upon any other evidence or testimony to establish any
element of this offense. This subsection shall not preclude the use or
admissibility of a map or diagram other than the one which has been approved by
the municipality or county.
(f)
The governing authority of a municipality or county may adopt regulations
requiring the posting of signs designating the areas within 1,000 feet of any
lands or buildings set apart for use as parks, playgrounds, recreation centers,
or any other recreation purposes as 'Drug-free Recreation Zones' and designating
the areas within 1,000 feet of the real property of any publicly owned or
publicly operated housing project as 'Drug-free Residential Zones.'
(g)
It is an affirmative defense to prosecution for a violation of this Code section
that the prohibited conduct took place entirely within a private residence, that
no person 17 years of age or younger was present in such private residence at
any time during the commission of the offense, and that the prohibited conduct
was not carried on for purposes of financial gain. Nothing in this subsection
shall be construed to establish an affirmative defense with respect to any
offense under this chapter other than the offense provided for in subsections
(a) and (b) of this Code section.
16-13-32.6.
(a)
It shall be unlawful for any person to illegally manufacture, distribute,
dispense, or possess with intent to distribute a controlled substance or
marijuana in, on, or within any real property which has been designated under
this Code section as a drug-free commercial zone.
(b)(1)
Any person who violates or conspires to violate subsection (a) of this Code
section shall be guilty of a felony and upon conviction shall receive the
following punishment:
(A)
Upon a first conviction, imprisonment for not more than 20 years or a fine of
not more than $20,000.00, or both; or
(B)
Upon a second or subsequent conviction, imprisonment for not less than five
years nor more than 40 years or a fine of not more than $40,000.00, or
both.
(2)
A sentence imposed under this Code section shall be served consecutively to any
other sentence imposed.
(3)
Any person convicted of a violation of subsection (a) of this Code section may,
as a condition of probation or parole, be required by the sentencing court or
State Board of Pardons and Paroles to refrain for a period of not more than 24
months from entering or at any time being within the boundaries of the drug-free
commercial zone wherein such person was arrested for a violation of this Code
section. Any person arrested for violation of his or her terms of probation
shall be governed by the provisions of Code Section 42-8-38 and any person
arrested for a violation of his or her terms of parole shall be governed by the
provisions of Article 2 of Chapter 9 of Title 42.
(c)
A conviction arising under this Code section shall not merge with a conviction
arising under any other provision of this article.
(d)
Any municipality or county may designate one or more commercial areas where
there is a high rate of drug related crime as drug-free commercial zones. A
drug-free commercial zone may include only an area which the municipality or
county has previously zoned commercial pursuant to its planning and zoning
powers and any residential area contiguous to such commercially zoned area
extending not more than one-half mile from the external boundary of any portion
of the commercially zoned area. A municipality or county which designates one or
more areas as drug-free commercial zones shall be required to make such
designations by ordinance and shall be required to post prominent and
conspicuous signs on the boundaries of and throughout any such drug-free
commercial zone. A municipality or county shall be required to file with the
Department of Community Affairs a copy of each ordinance which shall have
attached a clearly defined map describing each drug-free commercial zone and a
report evidencing all drug related crimes in such drug-free commercial zone area
during the 12 months preceding the enactment of such ordinance. A municipality
or county shall also be required to file with the Department of Community
Affairs, during the period that a drug-free commercial zone is in effect, annual
reports evidencing all drug related crimes in such drug-free commercial zone.
Such ordinances, maps, and drug crime reports shall be maintained in a permanent
register by such department, and copies of such ordinances, maps, and drug crime
reports of drug-free commercial zones shall be made available to the public at a
reasonable cost. A drug-free commercial zone shall not be effective and valid
for the purposes of this Code section until it has been adopted by the General
Assembly by general law. After the General Assembly has adopted one or more
drug-free commercial zones, the governing authority of each municipality or
county which has such a zone or zones designated and adopted shall be required
to have a description of each such zone published in the legal organ of the
municipality or county at least once a week for three weeks. A drug-free
commercial zone adopted by the General Assembly shall remain in effect for five
years and shall expire five years from the effective date of such adoption by
the General Assembly. An area which has been a drug-free commercial zone may be
continued as or again designated as a drug-free commercial zone upon the
enactment of an ordinance and adoption thereof by the General Assembly in
accordance with the provisions of this subsection. No arrest for a violation of
this Code section shall be permissible for a period of 30 days immediately
following the effective date of the adoption of such drug-free commercial zone
by the General Assembly.
(e)
In a prosecution under this Code section, a true copy of a map produced or
reproduced by any municipal or county agency or department for the purpose of
depicting the location and boundaries of any drug-free commercial zone and filed
and on record at the Department of Community Affairs shall, if certified as a
true copy by the custodian of such records at such department, be admissible and
shall constitute prima-facie evidence of the location and boundaries of such
zone. A map approved under this Code section may be revised from time to time by
the governing body of the municipality or county; provided, however, that a
revised map shall not become effective and the revised area shall not be a
drug-free commercial zone until the revised map has been filed with the
Department of Community Affairs and adopted by the General Assembly by general
law; provided, further, that the revision of a drug-free commercial zone shall
not extend the expiration date of such a drug-free commercial zone. The original
copy of every map approved or revised under this subsection or a true copy of
such original map shall be filed with the Department of Community Affairs and
shall be maintained as an official record of the department. This subsection
shall not preclude the prosecution from introducing or relying upon any other
evidence or testimony to establish any element of this offense.
(f)
The General Assembly hereby adopts and incorporates into this Code section all
drug-free commercial zones which have been adopted by municipal or county
ordinance and entered in the register of the Department of Community Affairs as
provided for in subsection (d) of this Code section on or before March 28,
2011.
16-13-33.
Any
person who attempts or conspires to commit any offense defined in this article
shall be, upon conviction thereof, punished by imprisonment not exceeding the
maximum punishment prescribed for the offense, the commission of which was the
object of the attempt or conspiracy.
16-13-34.
The
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation may promulgate
rules and charge reasonable fees relating to the registration and control of the
manufacture, distribution, and dispensing of controlled substances within this
state.
16-13-35.
(a)
Every person who manufactures, distributes, or dispenses any controlled
substances within this state or who proposes to engage in the manufacture,
distribution, or dispensing of any controlled substance within this state must
obtain annually a registration issued by the
State Board
of Pharmacy
director
in accordance with
its
rules of the
Georgia Board of Licensing and
Regulation.
(b)
Persons registered by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation under this
article to manufacture, distribute, dispense, or conduct research with
controlled substances may possess, manufacture, distribute, dispense, or conduct
research with those substances to the extent authorized by their registration
and in conformity with this article.
(c)
The following persons need not register and may lawfully possess controlled
substances under this article:
(1)
An agent or employee of any registered manufacturer, distributor, or dispenser
of any controlled substance if he is acting in the usual course of his business
or employment;
(2)
A common or contract carrier or warehouseman, or any employee thereof, whose
possession of any controlled substance is in the usual course of his business or
employment;
(3)
An ultimate user or a person in possession of any controlled substance pursuant
to a lawful order of a practitioner or in lawful possession of a Schedule V
substance; and
(4)
Officers and employees of this state, or of a political subdivision of this
state, or of the United States while acting in the course of their official
duties.
(d)
The State
Board of Pharmacy
Georgia Board
of Licensing and Regulation may waive by
rule the requirements for registration of certain manufacturers, distributors,
or dispensers if it finds it consistent with the public health and
safety.
(e)
A separate registration is required at each principal place of business or
professional practice where the applicant manufactures, distributes, or
dispenses controlled substances.
(f)
The State
Board of Pharmacy
Georgia Board
of Licensing and Regulation, the director
of the Georgia Drugs and Narcotics Agency, or other drug agents designated by
the State
Board of Pharmacy
Georgia Board
of Licensing and Regulation for this
purpose may inspect the establishment of a registrant or applicant for
registration in accordance with the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation rules and the
provisions of this article.
(g)
The following persons are registered under this article and are exempt from the
registration fee and registration application requirements of this
article:
(1)
Persons licensed by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation as a
pharmacist or a pharmacy under Chapter 4 of Title 26;
(2)
Persons licensed as a physician, dentist, or veterinarian under the laws of the
state to use, mix, prepare, dispense, prescribe, and administer drugs in
connection with medical treatment to the extent provided by the laws of this
state; and
(3)
An employee, agent, or representative of any person described in paragraph (1)
or (2) of this subsection acting in the usual course of his employment or
occupation and not on his own account, provided that suspension or revocation of
licensure as set forth in paragraphs (1) and (2) of this subsection shall
nullify the exemption as set forth in this subsection.
16-13-36.
(a)
The State
Board of Pharmacy
director
shall register an applicant to manufacture or distribute controlled substances
included in Code Sections 16-13-25 through 16-13-29 unless
it
he or
she determines that the issuance of that
registration would be inconsistent with the public interest. In determining the
public interest, the
State Board
of Pharmacy
director
shall consider the following factors:
(1)
Maintenance of effective controls against diversion of controlled substances
into other than legitimate medical, scientific, or industrial
channels;
(2)
Compliance with applicable state and local law;
(3)
Any convictions of the applicant under any federal or state laws relating to any
controlled substance;
(4)
Past experience in the manufacture or distribution of controlled substances and
the existence in the applicant's establishment of effective controls against
illegal diversion of controlled substances;
(5)
Furnishing by the applicant of false or fraudulent material in any application
filed under this article;
(6)
Suspension or revocation of the applicant's federal registration to manufacture,
distribute, or dispense controlled substances as authorized by federal
law;
(7)
Suspension or revocation of the applicant's registration or license to
manufacture, distribute, or dispense controlled substances, drugs, or narcotics
in this state or any other state of the United States; and
(8)
Any other factors relevant to and consistent with the public health and
safety.
(b)
Registration under subsection (a) of this Code section does not entitle a
registrant to manufacture and distribute controlled substances in Schedule I or
II other than those specified in the registration.
(c)
Practitioners must be registered under state law to dispense any controlled
substances or to conduct research with controlled substances in Schedules II
through V if they are authorized to dispense or conduct research under the law
of this state. The
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation need not
require separate registration under this Code section for practitioners engaging
in research with nonnarcotic controlled substances in Schedules II through V
where the registrant is already registered under this article in another
capacity. Practitioners registered under federal law to conduct research with
Schedule I substances may conduct research with Schedule I substances within
this state upon furnishing the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation satisfactory
evidence of that federal registration. Any practitioner conducting research with
Schedule I controlled substances must obtain a separate registration with the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation.
(d)
Compliance by manufacturers and distributors with the provisions of federal law
respecting registration (excluding fees) entitles them to be registered under
this article.
16-13-37.
(a)
A registration under Code Section 16-13-36 to manufacture, distribute, or
dispense a controlled substance may be suspended or revoked by the
State Board
of Pharmacy
director
upon a finding that the registrant:
(1)
Has furnished false or fraudulent material information in any application filed
under this article;
(2)
Has been convicted of a felony under any state or federal law relating to any
controlled substance;
(3)
Has had his federal registration to manufacture, distribute, or dispense
controlled substances suspended or revoked;
(4)
Has violated any provision of this article or the rules and regulations
promulgated under this article; or
(5)
Has failed to maintain sufficient controls against diversion of controlled
substances into other than legitimate medical, scientific, or industrial
channels.
(b)
The State
Board of Pharmacy
director
may limit revocation or suspension of a registration to the particular
controlled substance with respect to which grounds for revocation or suspension
exist.
(c)
If the
State Board
of Pharmacy
director
suspends or revokes a registration, all controlled substances owned or possessed
by the registrant at the time of suspension or the effective date of the
revocation order shall be placed under seal. No disposition may be made of
substances under seal until the time for taking an appeal has elapsed or until
all appeals have been concluded unless a court, upon application therefor,
orders the sale of perishable substances and the deposit of the proceeds of the
sale with the court. Upon a revocation order becoming final, all controlled
substances shall be forfeited to the state.
(d)
The State
Board of Pharmacy
director
shall promptly notify the bureau of all orders suspending or revoking
registration and all forfeitures of controlled substances.
16-13-38.
(a)
Before denying, suspending, revoking, or limiting registration, or refusing a
renewal of registration, the
State Board
of Pharmacy
director
shall serve upon the applicant or registrant an order to show cause why
registration should not be denied, revoked, limited, or suspended, or why the
renewal should not be refused. The order to show cause shall contain a statement
of the basis therefor and shall call upon the applicant or registrant to appear
before the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation at a time and
place not less than 30 days after the date of service of the order; but in the
case of a denial of renewal of registration the show cause order shall be served
not later than 30 days before the expiration of the registration. These
proceedings shall be conducted in accordance with Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act,' without regard to any criminal
prosecution or other proceeding. Proceedings to refuse renewal or registration
shall not abate the existing registration, which shall remain in effect pending
the outcome of the administrative hearing.
(b)
The State
Board of Pharmacy
director
shall suspend, without an order to show cause, any registration simultaneously
with the institution of proceedings under Code Section 16-13-37 or where renewal
of registration is refused if
it
the
director finds that there is an imminent
danger to the public health or safety which warrants this action. The suspension
shall continue in effect until the conclusion of the proceedings, including
judicial review thereof, unless sooner withdrawn by the
State Board
of Pharmacy
director
or dissolved by a court of competent jurisdiction.
16-13-39.
Persons
registered to manufacture, distribute, or dispense controlled substances under
this article shall keep a complete and accurate record of all controlled
substances on hand, received, manufactured, sold, dispensed, or otherwise
disposed of and shall maintain such records and inventories in conformance with
the record-keeping and inventory requirements of federal law and with any rules
issued by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation.
16-13-40.
Controlled
substances in Schedules I and II shall be distributed by a registrant to another
registrant only pursuant to an order form. Compliance with federal law
respecting order forms shall be deemed compliance with this Code
section.
16-13-41.
(a)
Except when dispensed directly by a registered practitioner, other than a
pharmacy or pharmacist, to an ultimate user, no controlled substance in Schedule
II may be dispensed without the written prescription of a registered
practitioner.
(b)
When a practitioner writes a prescription drug order to cause the dispensing of
a Schedule II substance, he or she shall include the name and address of the
person for whom it is prescribed, the kind and quantity of such Schedule II
controlled substance, the directions for taking, the signature, and the name,
address, telephone number, and DEA registration number of the prescribing
practitioner. Such prescription shall be signed and dated by the practitioner
on the date when issued, and the nature of such signature shall be defined in
regulations promulgated by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation. Prescription
drug orders for Schedule II controlled substances may be transmitted via
facsimile machine or other electronic means only in accordance with regulations
promulgated by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation in accordance
with Code Section 26-4-80 or 26-4-80.1, or in accordance with DEA regulations at
21 C.F.R. 1306.
(c)
In emergency situations, as defined by rule of the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation, Schedule II
drugs may be dispensed upon oral prescription of a registered practitioner,
reduced promptly to writing and filed by the pharmacy. Prescriptions shall be
retained in conformity with the requirements of Code Section 16-13-39. No
prescription for a Schedule II substance may be refilled.
(d)(1)
Except when dispensed directly by a practitioner, other than a pharmacy or
pharmacist, to an ultimate user, a controlled substance included in Schedule
III, IV, or V, which is a prescription drug as determined under any law of this
state or the Federal Food, Drug and Cosmetic Act, 21 U.S.C. Section 301, 52
Stat. 1040 (1938), shall not be dispensed without a written or oral prescription
of a registered practitioner. The prescription shall not be filled or refilled
more than six months after the date on which such prescription was issued or be
refilled more than five times.
(2)
When a practitioner writes a prescription drug order to cause the dispensing of
a Schedule III, IV, or V controlled substance, he or she shall include the name
and address of the person for whom it is prescribed, the kind and quantity of
such controlled substance, the directions for taking, the signature, and the
name, address, telephone number, and DEA registration number of the
practitioner. Such prescription shall be signed and dated by the practitioner
on the date when issued or may be issued orally, and the nature of the signature
of the prescriber shall meet the guidelines set forth in Chapter 4 of Title 26,
the regulations promulgated by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation, or both such
guidelines and regulations.
(e)
A controlled substance included in Schedule V shall not be distributed or
dispensed other than for a legitimate medical purpose.
(f)
No person shall prescribe or order the dispensing of a controlled substance,
except a registered practitioner who is:
(1)
Licensed or otherwise authorized by this state to prescribe controlled
substances;
(2)
Acting in the usual course of his professional practice; and
(3)
Prescribing or ordering such controlled substances for a legitimate medical
purpose.
(g)
No person shall fill or dispense a prescription for a controlled substance
except a person who is licensed by this state as a pharmacist or a pharmacy
intern acting under the immediate and direct personal supervision of a licensed
pharmacist in a pharmacy licensed by the
State Board
of Pharmacy
director,
provided that this subsection shall not prohibit a registered physician,
dentist, veterinarian, or podiatrist authorized by this state to dispense
controlled substances as provided in this article if such registered person
complies with all record-keeping, labeling, packaging, and storage requirements
regarding such controlled substances and imposed upon pharmacists and pharmacies
in this chapter and in Chapter 4 of Title 26 and complies with the requirements
of Code Section 26-4-130.
(h)
It shall be unlawful for any practitioner to issue any prescription document
signed in blank. The issuance of such document signed in blank shall be
prima-facie evidence of a conspiracy to violate this article. The possession of
a prescription document signed in blank by a person other than the person whose
signature appears thereon shall be prima-facie evidence of a conspiracy between
the possessor and the signer to violate the provisions of this
article.
(i)(1)
Pharmacists may dispense prescriptions from a remote location for the benefit of
an institution that uses a remote automated medication system in accordance with
the requirements set forth in the rules and regulations adopted by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation pursuant to
paragraph
(12.1)
(7)
of subsection
(a)
(b)
of Code Section 26-4-28.
(2)
As used in this subsection, the term 'institution' means a skilled nursing
facility or a hospice licensed as such under Chapter 7 of Title 31.
16-13-42.
(a)
It is unlawful for any person:
(1)
Who is subject to the requirements of Code Section 16-13-35 to distribute or
dispense a controlled substance in violation of Code Section
16-13-41;
(2)
Who is a registrant to manufacture a controlled substance not authorized by his
registration or to distribute or dispense a controlled substance not authorized
by his registration to another registrant or other authorized
person;
(3)
To refuse or fail to make, keep, or furnish any record, notification, order
form, statement, invoice, or information required under this
article;
(4)
To refuse an entry into any premises for any inspection authorized by this
article; or
(5)
Knowingly to keep or maintain any store, shop, warehouse, dwelling, building,
vehicle, boat, aircraft, or other structure or place which is resorted to by
persons using controlled substances in violation of this article for the purpose
of using these substances, or which is used for keeping or selling them in
violation of this article.
(b)
Any person who violates this Code section is guilty of a felony and, upon
conviction thereof, may be imprisoned for not more than five years, fined not
more than $25,000.00, or both.
16-13-43.
(a)
It is unlawful for any person:
(1)
Who is a registrant to distribute a controlled substance classified in Schedule
I or II, except pursuant to an order form as required by Code Section
16-13-40;
(2)
To use, in the course of the manufacture or distribution of a controlled
substance, a registration number which is fictitious, revoked, suspended, or
issued to another person;
(3)
To acquire or obtain possession of a controlled substance by misrepresentation,
fraud, forgery, deception, subterfuge, or theft;
(4)
To furnish false or fraudulent material information in, or omit any material
information from, any application, report, or other document or record required
to be kept or filed under this article;
(5)
To make, distribute, or possess any punch, die, plate, stone, or other thing
designed to print, imprint, or reproduce the trademark, trade name, or other
identifying mark, imprint, or device of another or any likeness of any of the
foregoing, upon any drug or container or labeling thereof so as to render the
drug a counterfeit substance; or
(6)
To withhold information from a practitioner that such person has obtained a
controlled substance of a similar therapeutic use in a concurrent time period
from another practitioner.
(b)
Any person who violates this Code section is guilty of a felony and, upon
conviction thereof, may be imprisoned for not more than eight years or fined not
more than $50,000.00, or both.
16-13-44.
Any
penalty imposed for violation of this article is in addition to, and not in lieu
of, any civil or administrative penalty or sanction otherwise authorized by
law.
16-13-45.
Any
officer or employee of the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation or the
director designated by the director of the
Georgia Drugs and Narcotics Agency may:
(1)
Carry firearms in the performance of his official duties;
(2)
Execute and serve search warrants, arrest warrants, administrative inspection
warrants, subpoenas, and summonses issued under the authority of this
state;
(3)
Make arrests without warrant for any offense under this article committed in his
presence or if he has probable cause to believe that the person to be arrested
has committed or is committing a violation of this article which may constitute
a felony;
(4)
Make seizures of property pursuant to this article; or
(5)
Perform other law enforcement duties as the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation or the
director of the Georgia Drugs and Narcotics Agency designates.
16-13-46.
(a)
Issuance and execution of inspection warrants shall be as follows:
(1)
A judge of the superior, state, city, or magistrate court, or any municipal
officer clothed by law with the powers of a magistrate, upon proper oath or
affirmation showing probable cause, may issue warrants for the purpose of
conducting inspections authorized by this article, or rules promulgated under
this article, and seizures of property appropriate to the inspections. For the
purpose of the issuance of inspection warrants, probable cause exists upon
showing a valid public interest in the effective enforcement of this article, or
rules promulgated under this article, sufficient to justify inspection of the
area, premises, building, or conveyance in the circumstances specified in the
application for the warrant;
(2)
A warrant shall issue only upon an affidavit of a designated officer, drug
agent, or employee of the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation or director
having knowledge of the facts alleged, sworn to before the judicial officer and
establishing the grounds for issuing the warrant. If the judicial officer is
satisfied that grounds for the application exist or that there is probable cause
to believe they exist, he shall issue a warrant identifying the area, premises,
building, registrant, or conveyance to be inspected, the purpose of the
inspection, and, if appropriate, the type of property to be inspected, if any.
The warrant shall:
(A)
State the grounds for its issuance and the name of each person whose affidavit
has been taken in support thereof;
(B)
Be directed to persons authorized by Code Section 16-13-45 to execute
it;
(C)
Command the persons to whom it is directed to inspect the area, premises,
building, registrant, or conveyance identified for the purpose specified and, if
appropriate, direct the seizure of the property specified;
(D)
Identify the item or types of property to be seized, if any; and
(E)
Designate the judicial officer to whom it shall be returned;
(3)
A warrant issued pursuant to this Code section must be executed and returned
within ten days of its date unless, upon a showing of a need for additional
time, the court orders otherwise. If property is seized pursuant to a warrant, a
copy shall be provided upon request to the person from whom or from whose
premises the property is taken, together with a receipt for the property taken.
The return of the warrant shall be made promptly, accompanied by a written
inventory of any property taken. A copy of the inventory shall be delivered upon
request to the person from whom or from whose premises the property was taken
and to the applicant for the warrant; and
(4)
The judicial officer who has issued a warrant shall attach thereto a copy of the
return and all papers returnable in connection therewith and file them with the
clerk of the superior court for the county in which the inspection was
made.
(b)
The State
Board of Pharmacy
director,
the director of the Georgia Drugs and Narcotics Agency or drug agents may make
inspections of controlled premises in accordance with the following
provisions:
(1)
For purposes of this Code section only, 'controlled premises'
means:
(A)
Places where persons registered or exempted from registration requirements under
this article are required to keep records; and
(B)
Places, including factories, warehouses, establishments, and conveyances, in
which persons registered or exempted from registration requirements under this
article are permitted to hold, manufacture, compound, process, sell, deliver, or
otherwise dispose of any controlled substance;
(2)
When authorized by an inspection warrant issued pursuant to subsection (a) of
this Code section, an officer or employee designated by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation, the director,
or the director of the Georgia Drugs and Narcotics Agency, upon presenting the
warrant and appropriate credentials to the owner, operator, or agent in charge,
may enter controlled premises for the purpose of conducting an
inspection;
(3)
When authorized by an inspection warrant, an officer or employee designated by
the State
Board of Pharmacy
Georgia Board
of Licensing and Regulation, the director,
or the director of the Georgia Drugs and Narcotics Agency may:
(A)
Inspect and copy records required by this article to be kept;
(B)
Inspect, within reasonable limits and in a reasonable manner, controlled
premises and all pertinent equipment, finished and unfinished material,
containers, and labeling found therein, and, except as provided in paragraph (5)
of subsection (b) of this Code section, all other things therein, including
records, files, papers, processes, controls, and facilities bearing on violation
of this article; and
(C)
Inventory any stock of any controlled substance therein and obtain samples
thereof;
(4)
This Code section does not prevent the inspection without a warrant of books and
records pursuant to an administrative inspection in accordance with subsection
(c) of this Code section, nor does it prevent entries and inspections, including
seizures of property, without a warrant:
(A)
If the owner, operator, or agent in charge of the controlled premises
consents;
(B)
In situations presenting imminent danger to health or safety;
(C)
In situations involving inspection of conveyance if there is reasonable cause to
believe that the mobility of the conveyance makes it impracticable to obtain a
warrant;
(D)
In any other exceptional or emergency circumstance where time or opportunity to
apply for a warrant is lacking; or
(E)
In all other situations in which a warrant is not constitutionally required;
and
(5)
An inspection authorized by this Code section shall not extend to financial
data, sales data other than shipment data, or pricing data unless the owner,
operator, or agent in charge of the controlled premises consents in
writing.
(c)
The State
Board of Pharmacy, its members
Georgia Board
of Licensing and Regulation, the director,
or duly authorized agents or drug agents shall have the power to inspect,
without a warrant, in a lawful manner at all reasonable hours, any pharmacy or
other place licensed by the
State Board
of Pharmacy
director
pursuant to Chapter 4 of Title 26 for the purpose:
(1)
Of determining if any of the provisions of this article or any rule or
regulation promulgated under its authority is being violated;
(2)
Of securing samples or specimens of any drug or medical supplies, after first
paying or offering to pay for such samples or specimens; and
(3)
Of securing other such evidence as may be needed for an administrative
proceedings action, as provided by this article.
16-13-47.
(a)
The superior courts of this state may exercise jurisdiction to restrain or
enjoin violations of this article.
(b)
The defendant may demand a trial by jury for an alleged violation of an
injunction or restraining order under this Code section.
16-13-48.
(a)
The State
Board of Pharmacy
Georgia Board
of Licensing and Regulation and the
director shall cooperate with federal and
other state agencies in discharging its responsibilities concerning traffic in
controlled substances and in suppressing the abuse of controlled substances. To
this end,
it
they
may:
(1)
Arrange for the exchange of information among governmental officials concerning
the use and abuse of controlled substances;
(2)
Coordinate and cooperate in training programs concerning controlled substance
law enforcement at local and state levels;
(3)
Cooperate with the bureau by establishing a centralized unit to accept,
catalogue, file, and collect statistics, including records, other than medical
treatment records, of drug dependent persons and other controlled substance law
offenders within the state, and make the information available for federal,
state, and local law enforcement purposes; and
(4)
Conduct or promote programs of eradication aimed at destroying wild or illicit
growth of plant species from which controlled substances may be
extracted.
(b)
Results, information, and evidence received from the bureau relating to the
regulatory functions of this article, including results of inspections conducted
by it, may be relied and acted upon by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation, the director,
or drug agents in the exercise of its or their regulatory functions under this
article.
16-13-48.1.
Money
or property seized or forfeited pursuant to federal law regarding controlled
substances, marijuana, or dangerous drugs, which money, property, or proceeds
therefrom are authorized by that federal law to be transferred to a cooperating
law enforcement agency of this state or any political subdivision thereof, shall
be utilized by the law enforcement agency or political subdivision to which the
money, property, or proceeds are so transferred as provided by such federal law
and regulations thereunder. Unless otherwise required by federal law or
regulation, such funds shall be received and utilized as provided by Georgia
law.
16-13-49.
(a)
As used in this Code section, the term:
(1)
'Controlled substance' shall have the same meaning as provided in paragraph (4)
of Code Section 16-13-21 and shall also include marijuana as such term is
defined in paragraph (16) of Code Section 16-13-21, notwithstanding any other
provisions of this article.
(2)
'Costs' means, but is not limited to:
(A)
All expenses associated with the seizure, towing, storage, maintenance, custody,
preservation, operation, or sale of the property; and
(B)
Satisfaction of any security interest or lien not subject to forfeiture under
this Code section.
(3)
'Court costs' means, but is not limited to:
(A)
All court costs, including the costs of advertisement, transcripts, and court
reporter fees; and
(B)
Payment of receivers, conservators, appraisers, accountants, or trustees
appointed by the court pursuant to this Code section.
(4)
'Enterprise' means any person, sole proprietorship, partnership, corporation,
trust, association, or other legal entity created under the laws of this state,
of the United States or any of the several states of the United States, or of
any foreign nation or a group of individuals associated in fact although not a
legal entity and includes illicit as well as licit enterprises and governmental
as well as other entities.
(5)
'Governmental agency' means any department, office, council, commission,
committee, authority, board, bureau, or division of the executive, judicial, or
legislative branch of a state, the United States, or any political subdivision
thereof.
(6)
'Interest holder' means a secured party within the meaning of Code Section
11-9-102 or the beneficiary of a perfected encumbrance pertaining to an interest
in property.
(7)
'Owner' means a person, other than an interest holder, who has an interest in
property and is in compliance with any statute requiring its recordation or
reflection in public records in order to perfect the interest against a bona
fide purchaser for value.
(8)
'Proceeds' means property derived directly or indirectly from, maintained by, or
realized through an act or omission and includes any benefit, interest, or
property of any kind without reduction for expenses incurred for acquisition,
maintenance, or any other purpose.
(9)
'Property' means anything of value and includes any interest in anything of
value, including real property and any fixtures thereon, and tangible and
intangible personal property, including but not limited to currency,
instruments, securities, or any other kind of privilege, interest, claim, or
right.
(10)
'United States' includes its territories, possessions, and dominions and the
District of Columbia.
(b)(1)
An action filed pursuant to this Code section shall be filed in the name of the
State of Georgia and may be brought:
(A)
In the case of an in rem action, by the district attorney for the judicial
circuit where the property is located;
(B)
In the case of an in personam action, by the district attorney for the judicial
circuit in which the defendant resides; or
(C)
By the district attorney having jurisdiction over any offense which arose out of
the same conduct which made the property subject to forfeiture.
Such
district attorney may bring an action pursuant to this Code section in any
superior court of this state.
(2)
If more than one district attorney has jurisdiction to file an action pursuant
to this Code section, the district attorney having primary jurisdiction over a
violation of this article shall, in the event of a conflict, have priority over
any other district attorney.
(3)
Any action brought pursuant to this Code section may be compromised or settled
in the same manner as other civil actions.
(c)
An action for forfeiture brought pursuant to this Code section shall be
tried:
(1)
If the action is in rem against real property, in the county where the property
is located, except where a single tract is divided by a county line, in which
case the superior court of either county shall have jurisdiction;
(2)
If the action is in rem against tangible or intangible personal property, in any
county where the property is located or will be during the pendency of the
action; or
(3)
If the action is in personam, as provided by law.
(d)
The following are declared to be contraband and no person shall have a property
right in them:
(1)
All controlled substances, raw materials, or controlled substance analogs that
have been manufactured, distributed, dispensed, possessed, or acquired in
violation of this article;
(2)
All property which is, directly or indirectly, used or intended for use in any
manner to facilitate a violation of this article or any proceeds derived or
realized therefrom;
(3)
All property located in this state which was, directly or indirectly, used or
intended for use in any manner to facilitate a violation of this article or of
the laws of the United States or any of the several states relating to
controlled substances which is punishable by imprisonment for more than one year
or any proceeds derived or realized therefrom;
(4)
All weapons possessed, used, or available for use in any manner to facilitate a
violation of this article or any of the laws of the United States or any of the
several states relating to controlled substances which is punishable by
imprisonment for more than one year;
(5)
Any interest, security, claim, or property or contractual right of any kind
affording a source of influence over any enterprise that a person has
established, operated, controlled, conducted, or participated in the conduct of
in violation of this article or any of the laws of the United States or any of
the several states relating to controlled substances which is punishable by
imprisonment for more than one year or any proceeds derived or realized
therefrom; and
(6)
All moneys, negotiable instruments, securities, or other things of value which
are found in close proximity to any controlled substance or marijuana or other
property which is subject to forfeiture under this subsection.
(e)(1)
A property interest shall not be subject to forfeiture under this Code section
if the owner of such interest or interest holder establishes that the owner or
interest holder:
(A)
Is not legally accountable for the conduct giving rise to its forfeiture, did
not consent to it, and did not know and could not reasonably have known of the
conduct or that it was likely to occur;
(B)
Had not acquired and did not stand to acquire substantial proceeds from the
conduct giving rise to its forfeiture other than as an interest holder in an
arm's length commercial transaction;
(C)
With respect to conveyances for transportation only, did not hold the property
jointly, in common, or in community with a person whose conduct gave rise to its
forfeiture;
(D)
Does not hold the property for the benefit of or as nominee for any person whose
conduct gave rise to its forfeiture, and, if the owner or interest holder
acquired the interest through any such person, the owner or interest holder
acquired it as a bona fide purchaser for value without knowingly taking part in
an illegal transaction; and
(E)
Acquired the interest:
(i)
Before the completion of the conduct giving rise to its forfeiture, and the
person whose conduct gave rise to its forfeiture did not have the authority to
convey the interest to a bona fide purchaser for value at the time of the
conduct; or
(ii)
After the completion of the conduct giving rise to its forfeiture:
(I)
As a bona fide purchaser for value without knowingly taking part in an illegal
transaction;
(II)
Before the filing of a lien on it and before the effective date of a notice of
pending forfeiture relating to it and without notice of its seizure for
forfeiture under this article; and
(III)
At the time the interest was acquired, was reasonably without cause to believe
that the property was subject to forfeiture or likely to become subject to
forfeiture under this article.
(2)
A property interest shall not be subject to forfeiture under this Code section
for a violation involving only one gram or less of a mixture containing cocaine
or four ounces or less of marijuana unless said property was used to facilitate
a transaction in or a purchase of or sale of a controlled substance or
marijuana.
(f)
A rented or leased vehicle shall not be subject to forfeiture unless it is
established in forfeiture proceedings that the owner of the rented or leased
vehicle is legally accountable for the conduct which would otherwise subject the
vehicle to forfeiture, consented to the conduct, or knew or reasonably should
have known of the conduct or that it was likely to occur. Upon learning of the
address or phone number of the company which owns any rented or leased vehicle
which is present at the scene of an arrest or other action taken pursuant to
this Code section, the duly authorized authorities shall immediately contact the
company to inform it that the vehicle is available for the company to take
possession.
(g)(1)
Property which is subject to forfeiture under this Code section may be seized by
the director of the Georgia Drugs and Narcotics Agency or any duly authorized
agent or drug agent of this state or by any law enforcement officer of this
state or of any political subdivision thereof who has power to make arrests or
execute process or a search warrant issued by any court having jurisdiction over
the property. A search warrant authorizing seizure of property which is subject
to forfeiture pursuant to this Code section may be issued on an affidavit
demonstrating that probable cause exists for its forfeiture or that the property
has been the subject of a previous final judgment of forfeiture in the courts of
this state, any other state, or the United States. The court may order that the
property be seized on such terms and conditions as are reasonable.
(2)
Property which is subject to forfeiture under this Code section may be seized
without process if there is probable cause to believe that the property is
subject to forfeiture under this article or the seizure is incident to an arrest
or search pursuant to a search warrant or to an inspection under an inspection
warrant.
(3)
The court's jurisdiction over forfeiture proceedings is not affected by a
seizure in violation of the Constitution of Georgia or the United States
Constitution made with process or in a good faith belief of probable
cause.
(h)(1)
When property is seized pursuant to this article, the sheriff, drug agent, or
law enforcement officer seizing the same shall report the fact of seizure, in
writing, within 20 days thereof to the district attorney of the judicial circuit
having jurisdiction in the county where the seizure was made.
(2)
Within 60 days from the date of seizure, a complaint for forfeiture shall be
initiated as provided for in subsection (n), (o), or (p) of this Code
section.
(3)
If the state fails to initiate forfeiture proceedings against property seized
for forfeiture by notice of pending forfeiture within the time limits specified
in paragraphs (1) and (2) of this subsection, the property must be released on
the request of an owner or interest holder, pending further proceedings pursuant
to this Code section, unless the property is being held as
evidence.
(i)(1)
Seizure of property by a law enforcement officer constitutes notice of such
seizure to any person who was present at the time of seizure who may assert an
interest in the property.
(2)
When property is seized pursuant to this article, the district attorney or the
sheriff, drug agent, or law enforcement officer seizing the same shall give
notice of the seizure to any owner or interest holder who is not present at the
time of seizure by personal service, publication, or the mailing of written
notice:
(A)
If the owner's or interest holder's name and current address are known, by
either personal service or mailing a copy of the notice by certified mail or
statutory overnight delivery to that address;
(B)
If the owner's or interest holder's name and address are required by law to be
on record with a government agency to perfect an interest in the property but
the owner's or interest holder's current address is not known, by mailing a copy
of the notice by certified mail or statutory overnight delivery, return receipt
requested, to any address on the record; or
(C)
If the owner's or interest holder's address is not known and is not on record as
provided in subparagraph (B) of this paragraph or the owner's or interest
holder's interest is not known, by publication in two consecutive issues of a
newspaper of general circulation in the county in which the seizure
occurs.
(3)
Notice of seizure must include a description of the property, the date and place
of seizure, the conduct giving rise to forfeiture, and the violation of law
alleged.
(j)
A district attorney may file, without a filing fee, a lien for forfeiture of
property upon the initiation of any civil or criminal proceeding under this
article or upon seizure for forfeiture. The filing constitutes notice to any
person claiming an interest in the property owned by the named person. The
filing shall include the following:
(1)
The lien notice must set forth:
(A)
The name of the person and, in the discretion of the state, any alias and any
corporations, partnerships, trusts, or other entities, including nominees, that
are either owned entirely or in part or controlled by the person;
and
(B)
The description of the property, the criminal or civil proceeding that has been
brought under this article, the amount claimed by the state, the name of the
court where the proceeding or action has been brought, and the case number of
the proceeding or action if known at the time of filing;
(2)
A lien under this subsection applies to the described property and to one named
person and to any aliases, fictitious names, or other names, including names of
corporations, partnerships, trusts, or other entities, that are either owned
entirely or in part or controlled by the named person and any interest in real
property owned or controlled by the named person. A separate lien for forfeiture
of property must be filed for any other person;
(3)
The lien creates, upon filing, a lien in favor of the state as it relates to the
seized property or to the named person or related entities with respect to said
property. The lien secures the amount of potential liability for civil judgment
and, if applicable, the fair market value of seized property relating to all
proceedings under this article enforcing the lien. The forfeiture lien referred
to in this subsection must be filed in accordance with the provisions of the
laws in this state pertaining to the type of property that is subject to the
lien. The state may amend or release, in whole or in part, a lien filed under
this subsection at any time by filing, without a filing fee, an amended lien in
accordance with this subsection which identifies the lien amended. The state, as
soon as practical after filing a lien, shall furnish to any person named in the
lien a notice of the filing of the lien. Failure to furnish notice under this
subsection does not invalidate or otherwise affect a lien filed in accordance
with this subsection;
(4)
Upon entry of judgment in favor of the state, the state may proceed to execute
on the lien as in the case of any other judgment;
(5)
A trustee, constructive or otherwise, who has notice that a lien for forfeiture
of property, a notice of pending forfeiture, or a civil forfeiture proceeding
has been filed against the property or against any person or entity for whom the
person holds title or appears as the owner of record shall furnish, within ten
days, to the district attorney or his designee the following
information:
(A)
The name and address of the person or entity for whom the property is
held;
(B)
The names and addresses of all beneficiaries for whose benefit legal title to
the seized property, or property of the named person or related entity, is held;
and
(C)
A copy of the applicable trust agreement or other instrument, if any, under
which the trustee or other person holds legal title or appears as the owner of
record of the property; and
(6)
A trustee, constructive or otherwise, who fails to comply with this subsection
shall be guilty of a misdemeanor.
(k)
Property taken or detained under this Code section is not subject to replevin,
conveyance, sequestration, or attachment. The seizing law enforcement agency or
the district attorney may authorize the release of the property if the
forfeiture or retention is unnecessary or may transfer the action to another
agency or district attorney by discontinuing forfeiture proceedings in favor of
forfeiture proceedings initiated by the other law enforcement agency or district
attorney. An action under this Code section may be consolidated with any other
action or proceeding under this article relating to the same property on motion
by an interest holder and must be so consolidated on motion by the district
attorney in either proceeding or action. The property is deemed to be in the
custody of the State of Georgia subject only to the orders and decrees of the
superior court having jurisdiction over the forfeiture proceedings.
(l)(1)
If property is seized under this article, the district attorney
may:
(A)
Remove the property to a place designated by the superior court having
jurisdiction over the forfeiture proceeding;
(B)
Place the property under constructive seizure by posting notice of pending
forfeiture, by giving notice of pending forfeiture to its owners and interest
holders, or by filing notice of seizure in any appropriate public record
relating to the property;
(C)
Remove the property to a storage area, within the jurisdiction of the court, for
safekeeping or, if the property is a negotiable instrument or money and is not
needed for evidentiary purposes, the district attorney may authorize its being
deposited in an interest-bearing account in a financial institution in this
state. Any accrued interest shall follow the principal in any judgment with
respect thereto;
(D)
Provide for another governmental agency, a receiver appointed by the court
pursuant to Chapter 8 of Title 9, an owner, or an interest holder to take
custody of the property and remove it to an appropriate location within the
county where the property was seized; or
(E)
Require the sheriff or chief of police of the political subdivision where the
property was seized to take custody of the property and remove it to an
appropriate location for disposition in accordance with law.
(2)
If any property which has been attached or seized pursuant to this Code section
is perishable or is liable to perish, waste, or be greatly reduced in value by
keeping or if the expense of keeping the same is excessive or disproportionate
to the value thereof, the court, upon motion of the state, a claimant, or the
custodian, may order the property or any portion thereof to be sold upon such
terms and conditions as may be prescribed by the court; and the proceeds shall
be paid into the registry of the court pending final disposition of the
action.
(m)
As soon as possible, but not more than 30 days after the seizure of property,
the seizing law enforcement agency shall conduct an inventory and estimate the
value of the property seized.
(n)
If the estimated value of personal property seized is $25,000.00 or less, the
district attorney may elect to proceed under the provisions of this subsection
in the following manner:
(1)
Notice of the seizure of such property shall be posted in a prominent location
in the courthouse of the county in which the property was seized. Such notice
shall include a description of the property, the date and place of seizure, the
conduct giving rise to forfeiture, a statement that the owner of such property
has 30 days within which a claim must be filed, and the violation of law
alleged;
(2)
A copy of the notice, which shall include a statement that the owner of such
property has 30 days within which a claim must be filed, shall be served upon an
owner, interest holder, or person in possession of the property at the time of
seizure as provided in subsection (i) of this Code section and shall be
published for at least three successive weeks in a newspaper of general
circulation in the county where the seizure was made;
(3)
The owner or interest holder may file a claim within 30 days after the second
publication of the notice of forfeiture by sending the claim to the seizing law
enforcement agency and to the district attorney by certified mail or statutory
overnight delivery, return receipt requested;
(4)
The claim must be signed by the owner or interest holder under penalty of
perjury and must set forth:
(A)
The caption of the proceedings as set forth on the notice of pending forfeiture
and the name of the claimant;
(B)
The address at which the claimant will accept mail;
(C)
The nature and extent of the claimant's interest in the property;
(D)
The date, identity of the transferor, and circumstances of the claimant's
acquisition of the interest in the property;
(E)
The specific provision of this Code section relied on in asserting that the
property is not subject to forfeiture;
(F)
All essential facts supporting each assertion; and
(G)
The precise relief sought;
(5)
If a claim is filed, the district attorney shall file a complaint for forfeiture
as provided in subsection (o) or (p) of this Code section within 30 days of the
actual receipt of the claim. A person who files a claim shall be joined as a
party; and
(6)
If no claim is filed within 30 days after the second publication of the notice
of forfeiture, all right, title, and interest in the property is forfeited to
the state and the district attorney shall dispose of the property as provided in
subsection (u) of this Code section.
(o)
In rem proceedings.
(1)
In actions in rem, the property which is the subject of the action shall be
named as the defendant. The complaint shall be verified on oath or affirmation
by a duly authorized agent of the state in a manner required by the laws of this
state. Such complaint shall describe the property with reasonable particularity;
state that it is located within the county or will be located within the county
during the pendency of the action; state its present custodian; state the name
of the owner or interest holder, if known; allege the essential elements of the
violation which is claimed to exist; state the place of seizure, if the property
was seized; and conclude with a prayer of due process to enforce the
forfeiture.
(2)
A copy of the complaint and summons shall be served on any person known to be an
owner or interest holder and any person who is in possession of the
property.
(A)
Service of the complaint and summons shall be as provided in subsections (a),
(b), (c), and (e) of Code Section 9-11-4.
(B)
If real property is the subject of the action or the owner or interest holder is
unknown or resides out of the state or departs the state or cannot after due
diligence be found within the state or conceals himself so as to avoid service,
notice of the proceeding shall be published once a week for two successive weeks
in the newspaper in which the sheriff's advertisements are published. Such
publication shall be deemed notice to any and all persons having an interest in
or right affected by such proceeding and from any sale of the property resulting
therefrom, but shall not constitute notice to an interest holder unless that
person is unknown or resides out of the state or departs the state or cannot
after due diligence be found within the state or conceals himself to avoid
service.
(C)
If tangible property which has not been seized is the subject of the action, the
court may order the sheriff or another law enforcement officer to take
possession of the property. If the character or situation of the property is
such that the taking of actual possession is impracticable, the sheriff shall
execute process by affixing a copy of the complaint and summons to the property
in a conspicuous place and by leaving another copy of the complaint and summons
with the person having possession or his agent. In cases involving a vessel or
aircraft, the sheriff or other law enforcement officer is authorized to make a
written request with the appropriate governmental agency not to permit the
departure of such vessel or aircraft until notified by the sheriff or his deputy
that the vessel or aircraft has been released.
(3)
An owner of or interest holder in the property may file an answer asserting a
claim against the property in the action in rem. Any such answer shall be filed
within 30 days after the service of the summons and complaint. Where service is
made by publication and personal service has not been made, an owner or interest
holder shall file an answer within 30 days of the date of final publication. An
answer must be verified by the owner or interest holder under penalty of
perjury. In addition to complying with the general rules applicable to an answer
in civil actions, the answer must set forth:
(A)
The caption of the proceedings as set forth in the complaint and the name of the
claimant;
(B)
The address at which the claimant will accept mail;
(C)
The nature and extent of the claimant's interest in the property;
(D)
The date, identity of transferor, and circumstances of the claimant's
acquisition of the interest in the property;
(E)
The specific provision of this Code section relied on in asserting that the
property is not subject to forfeiture;
(F)
All essential facts supporting each assertion; and
(G)
The precise relief sought.
(4)
If at the expiration of the period set forth in paragraph (3) of this subsection
no answer has been filed, the court shall order the disposition of the seized
property as provided for in this Code section.
(5)
If an answer is filed, a hearing must be held within 60 days after service of
the complaint unless continued for good cause and must be held by the court
without a jury.
(6)
An action in rem may be brought by the state in addition to or in lieu of any
other in rem or in personam action brought pursuant to this title.
(p)
In personam proceedings.
(1)
The complaint shall be verified on oath or affirmation by a duly authorized
agent of the state in a manner required by the laws of this state. It shall
describe with reasonable particularity the property which is sought to be
forfeited; state its present custodian; state the name of the owner or interest
holder, if known; allege the essential elements of the violation which is
claimed to exist; state the place of seizure, if the property was seized; and
conclude with a prayer of due process to enforce the forfeiture.
(2)
Service of the complaint and summons shall be as follows:
(A)
Except as otherwise provided in this subsection, service of the complaint and
summons shall be as provided by subsections (a), (b), (c), and (d) of Code
Section 9-11-4; and
(B)
If the defendant is unknown or resides out of the state or departs the state or
cannot after due diligence be found within the state or conceals himself so as
to avoid service, notice of the proceedings shall be published once a week for
two successive weeks in the newspaper in which the sheriff's advertisements are
published. Such publication shall be deemed sufficient notice to any such
defendant.
(3)
A defendant shall file a verified answer within 30 days after the service of the
summons and complaint. Where service is made by publication and personal service
has not been made, a defendant shall file such answer within 30 days of the date
of final publication. In addition to complying with the general rules applicable
to an answer in civil actions, the answer must contain all of the elements set
forth in paragraph (3) of subsection (o) of this Code section.
(4)
Any interest holder or person in possession of the property may join any action
brought pursuant to this subsection as provided by Chapter 11 of Title 9, known
as the 'Georgia Civil Practice Act.'
(5)
If at the expiration of the period set forth in paragraph (3) of this subsection
no answer has been filed, the court shall order the disposition of the seized
property as provided for in this Code section.
(6)
If an answer is filed, a hearing must be held within 60 days after service of
the complaint unless continued for good cause and must be held by the court
without a jury.
(7)
On a determination of liability of a person for conduct giving rise to
forfeiture under this Code section, the court must enter a judgment of
forfeiture of the property described in the complaint and must also authorize
the district attorney or his agent or any law enforcement officer or peace
officer to seize all property ordered to be forfeited which was not previously
seized or was not then under seizure. Following the entry of an order declaring
the property forfeited, the court, on application of the state, may enter any
appropriate order to protect the interest of the state in the property ordered
to be forfeited.
(8)
Except as provided in this subsection, no person claiming an interest in
property subject to forfeiture under this Code section may intervene in a trial
or appeal of a criminal action or in an in personam civil action involving the
forfeiture of the property.
(q)
In conjunction with any civil or criminal action brought pursuant to this
article:
(1)
The court, on application of the district attorney, may enter any restraining
order or injunction; require the execution of satisfactory performance bonds;
appoint receivers, conservators, appraisers, accountants, or trustees; or take
any action to seize, secure, maintain, or preserve the availability of property
subject to forfeiture under this article, including issuing a warrant for its
seizure and writ of attachment, whether before or after the filing of a
complaint for forfeiture;
(2)
A temporary restraining order under this Code section may be entered on
application of the district attorney, without notice or an opportunity for a
hearing, if the district attorney demonstrates that:
(A)
There is probable cause to believe that the property with respect to which the
order is sought, in the event of final judgment or conviction, would be subject
to forfeiture under this title; and
(B)
Provision of notice would jeopardize the availability of the property for
forfeiture;
(3)
Notice of the entry of a restraining order and an opportunity for a hearing must
be afforded to persons known to have an interest in the property. The hearing
must be held at the earliest possible date consistent with the date set in
subsection (b) of Code Section 9-11-65 and is limited to the issues of
whether:
(A)
There is a probability that the state will prevail on the issue of forfeiture
and that failure to enter the order will result in the property's being
destroyed, conveyed, encumbered, removed from the jurisdiction of the court,
concealed, or otherwise made unavailable for forfeiture; and
(B)
The need to preserve the availability of property through the entry of the
requested order outweighs the hardship on any owner or interest holder against
whom the order is to be entered;
(4)
If property is seized for forfeiture or a forfeiture lien is filed without a
previous judicial determination of probable cause or order of forfeiture or a
hearing under paragraph (2) of this subsection, the court, on an application
filed by an owner of or interest holder in the property within 30 days after
notice of its seizure or lien or actual knowledge of such seizure or lien,
whichever is earlier, and complying with the requirements for an answer to an in
rem complaint, and after five days' notice to the district attorney of the
judicial circuit where the property was seized or, in the case of a forfeiture
lien, to the district attorney filing such lien, may issue an order to show
cause to the seizing law enforcement agency for a hearing on the sole issue of
whether probable cause for forfeiture of the property then exists. The hearing
must be held within 30 days unless continued for good cause on motion of either
party. If the court finds that there is no probable cause for forfeiture of the
property, the property must be released pending the outcome of a judicial
proceeding which may be filed pursuant to this Code section; and
(5)
The court may order property that has been seized for forfeiture to be sold to
satisfy a specified interest of any interest holder, on motion of any party, and
after notice and a hearing, on the conditions that:
(A)
The interest holder has filed a proper claim and:
(i)
Is authorized to do business in this state and is under the jurisdiction of a
governmental agency of this state or of the United States which regulates
financial institutions, securities, insurance, or real estate; or
(ii)
Has an interest that the district attorney has stipulated is exempt from
forfeiture;
(B)
The interest holder must dispose of the property by commercially reasonable
public sale and apply the proceeds first to its interest and then to its
reasonable expenses incurred in connection with the sale or disposal;
and
(C)
The balance of the proceeds, if any, must be returned to the actual or
constructive custody of the court, in an interest-bearing account, subject to
further proceedings under this Code section.
(r)
A defendant convicted in any criminal proceeding is precluded from later denying
the essential allegations of the criminal offense of which the defendant was
convicted in any proceeding pursuant to this Code section, regardless of the
pendency of an appeal from that conviction; however, evidence of the pendency of
an appeal is admissible. For the purposes of this Code section, a conviction
results from a verdict or plea of guilty, including a plea of nolo
contendere.
(s)
In hearings and determinations pursuant to this Code section:
(1)
The court may receive and consider, in making any determination of probable
cause or reasonable cause, all evidence admissible in determining probable cause
at a preliminary hearing or by a magistrate pursuant to Article 1 of Chapter 5
of Title 17, together with inferences therefrom;
(2)
The fact that money or a negotiable instrument was found in proximity to
contraband or to an instrumentality of conduct giving rise to forfeiture
authorizes the trier of the fact to infer that the money or negotiable
instrument was the proceeds of conduct giving rise to forfeiture or was used or
intended to be used to facilitate such conduct; and
(3)
There is a rebuttable presumption that any property of a person is subject to
forfeiture under this Code section if the state establishes probable cause to
believe that:
(A)
The person has engaged in conduct giving rise to forfeiture;
(B)
The property was acquired by the person during the period of the conduct giving
rise to forfeiture or within a reasonable time after the period;
and
(C)
There was no likely source for the property other than the conduct giving rise
to forfeiture.
(t)(1)
All property declared to be forfeited under this Code section vests in this
state at the time of commission of the conduct giving rise to forfeiture
together with the proceeds of the property after that time. Any property or
proceeds transferred later to any person remain subject to forfeiture and
thereafter must be ordered to be forfeited unless the transferee claims and
establishes in a hearing under this Code section that the transferee is a bona
fide purchaser for value and the transferee's interest is exempt under
subsection (e) of this Code section.
(2)
On entry of judgment for a person claiming an interest in the property that is
subject to proceedings to forfeit property under this Code section, the court
shall order that the property or interest in property be released or delivered
promptly to that person free of liens and encumbrances, as provided under this
article.
(3)
The court shall order a claimant who fails to establish that a substantial
portion of the claimant's interest is exempt from forfeiture under subsection
(e) of this Code section to pay the reasonable costs relating to the disproving
of the claim which were incurred by the state, including costs for
investigation, prosecution, and attorneys' fees.
(u)(1)
Whenever property is forfeited under this article, any property which is
required by law to be destroyed or which is harmful to the public shall, when no
longer needed for evidentiary purposes, be destroyed or forwarded to the
Division of Forensic Sciences of the Georgia Bureau of Investigation or any
other agency of state or local government for destruction or for any medical or
scientific use not prohibited under the laws of the United States or this
state.
(2)
When property, other than money or real property, is forfeited under this
article, the court may:
(A)
Order the property to be sold, with the proceeds of the sale to be distributed
as provided in paragraph (4) of this subsection; or
(B)
Provide for the in-kind distribution of the property as provided for in
paragraph (4) of this subsection.
(2.1)
When real property is forfeited, the court may order that:
(A)
The real property be turned over to the state;
(B)
The appropriate political subdivision take charge of the property
and:
(i)
Sell the property with such conditions as the court deems proper, and distribute
the proceeds in such manner as the court so orders; or
(ii)
Hold the property for use by one or more law enforcement agencies;
(C)
The real property be turned over to an appropriate political subdivision without
restrictions;
(D)
The real property be deeded to a land bank authority as provided in Article 4 of
Chapter 4 of Title 48; or
(E)
The real property be disposed of in such other manner as the court deems
proper.
(3)
Where property is to be sold pursuant to this subsection, the court may direct
that such property be sold by:
(A)
Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided,
however, that the court may establish a minimum acceptable price for such
property; or
(B)
Any commercially feasible means, including, but not limited to, in the case of
real property, listing such property with a licensed real estate broker,
selected by the district attorney through competitive bids.
(4)
All money and property forfeited in the same forfeiture proceeding shall be
pooled together for distribution as follows:
(A)
A fair market value shall be assigned to all items of property other than money
in such pool; and a total value shall be established for the pool by adding
together the fair market value of all such property in the pool and the amount
of money in the pool;
(B)
All costs, including court costs, shall be paid and the remaining pool shall be
distributed pro rata to the state and to local governments, according to the
role which their law enforcement agencies played in the seizure of the assets;
provided, however, that the amount distributed to the state shall not exceed 25
percent of the amount distributed; county governments are authorized upon
request of the district attorney to provide for payment of any and all necessary
expenses for the operation of the office from the said forfeiture pool up to 10
percent of the amount distributed, in addition to any other expenses paid by the
county to the district attorney's office.
(C)
An order of distribution provided for in this subsection shall be submitted by
the district attorney to the court for approval; and
(D)(i)
Property and money distributed to a local government shall be passed through to
the local law enforcement agency until the sum equals 33 1/3 percent of the
amount of local funds appropriated or otherwise made available to such agency
for the fiscal year in which such funds are distributed. Proceeds received may
be used for any official law enforcement purpose except for the payment of
salaries or rewards to law enforcement personnel, at the discretion of the chief
officer of the local law enforcement agency, or may be used to fund
victim-witness assistance programs or a state law enforcement museum. Such
property shall not be used to supplant any other local, state, or federal funds
appropriated for staff or operations.
(ii)
The local governing authority shall expend any remaining proceeds for any law
enforcement purpose; for the representation of indigents in criminal cases; for
drug treatment, rehabilitation, prevention, or education or any other program
which responds to problems created by drug or substance abuse; for use as
matching funds for grant programs related to drug treatment or prevention; to
fund victim-witness assistance programs; or for any combination of the
foregoing. If real property is distributed to a local government, the local
government may transfer the real property to a land bank authority as provided
in Article 4 of Chapter 4 of Title 48.
(iii)
Any local law enforcement agency receiving property under this subsection shall
submit an annual report to the local governing authority. The report shall be
submitted with the agency's budget request and shall itemize the property
received during the fiscal year and the utilization made thereof.
(iv)
Money distributed to the state pursuant to this subsection shall be paid into
the general fund of the state treasury, it being the intent of the General
Assembly that the same be used, subject to appropriation from the general fund
in the manner provided by law for representation of indigents in criminal cases;
for funding of the Crime Victims Emergency Fund; for law enforcement and
prosecution agency programs and particularly for funding of advanced drug
investigation and prosecution training for law enforcement officers and
prosecuting attorneys; for drug treatment, rehabilitation, prevention, or
education or any other program which responds to problems created by drug or
substance abuse; for use as matching funds for grant programs related to drug
treatment or prevention; or for financing the judicial system of the
state.
(v)
Property distributed in kind to the state pursuant to this subsection may be
designated by the Attorney General, with the approval of the court, for use by
such agency or officer of the state as may be appropriate or, otherwise, shall
be turned over to the Department of Administrative Services for such use or
disposition as may be determined by the commissioner of the Department of
Administrative Services.
(v)
An acquittal or dismissal in a criminal proceeding does not preclude civil
proceedings under this article.
(w)
For good cause shown, the court may stay civil forfeiture proceedings during the
criminal trial resulting from a related indictment or information alleging a
violation of this article.
(x)(1)
The court shall order the forfeiture of any property of a claimant or defendant
up to the value of property found by the court to be subject to forfeiture under
the provisions of this Code section if any of the forfeited
property:
(A)
Cannot be located;
(B)
Has been transferred or conveyed to, sold to, or deposited with a third
party;
(C)
Is beyond the jurisdiction of the court;
(D)
Has been substantially diminished in value while not in the actual physical
custody of the receiver or governmental agency directed to maintain custody of
the property; or
(E)
Has been commingled with other property that cannot be divided without
difficulty.
(2)
In addition to any other remedy provided for by law, a district attorney on
behalf of the state may institute an action in any court of this state or of the
United States or any of the several states against any person acting with
knowledge or any person to whom notice of a lien for forfeiture of property has
been provided in accordance with subsection (j) of this Code section; to whom
notice of seizure has been provided in accordance with subsection (i) of this
Code section; or to whom notice of a civil proceeding alleging conduct giving
rise to forfeiture under this Code section has been provided, if property
subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered
unavailable for forfeiture after the filing of a forfeiture lien notice or
notice of seizure or after the filing and notice of a civil proceeding alleging
conduct giving rise to forfeiture under this Code section, as the case may be.
The state may recover judgment in an amount equal to the value of the lien but
not to exceed the fair market value of the property or, if there is no lien, in
an amount not to exceed the fair market value of the property, together with
reasonable investigative expenses and attorneys' fees. If a civil proceeding is
pending, the action must be heard by the court in which the civil proceeding is
pending.
(3)
A district attorney may file and prosecute in any of the courts of this state or
of the United States or of any of the several states such civil actions as may
be necessary to enforce any judgment rendered pursuant to this Code
section.
(4)
No person claiming an interest in property subject to forfeiture under this
article may commence or maintain any action against the state concerning the
validity of the alleged interest other than as provided in this Code section.
Except as specifically authorized by this Code section, no person claiming an
interest in such property may file any counterclaim or cross-claim to any action
brought pursuant to this Code section.
(5)
A civil action under this article must be commenced within five years after the
last conduct giving rise to forfeiture or to the claim for relief became known
or should have become known, excluding any time during which either the property
or defendant is out of the state or in confinement or during which criminal
proceedings relating to the same conduct are in progress.
(y)
Controlled substances included in Schedule I which are contraband and any
controlled substance whose owners are unknown are summarily forfeited to the
state. The court may include in any judgment of conviction under this article an
order forfeiting any controlled substance involved in the offense to the extent
of the defendant's interest.
(z)
This Code section must be liberally construed to effectuate its remedial
purposes.
16-13-50.
(a)
It is not necessary for the state to negate any exemption or exception in this
article in any complaint, accusation, indictment, or other pleading or in any
trial, hearing, or other proceeding under this article. The burden of proof of
any exemption or exception is upon the person claiming it.
(b)
In the absence of proof that a person is the duly authorized holder of an
appropriate registration or order form issued under this article, he is presumed
not to be the holder of the registration or form. The burden of proof is upon
him to rebut the presumption.
(c)
No liability is imposed by this article upon any authorized state, county, or
municipal officer engaged in the lawful performance of his duties.
16-13-51.
All
final determinations, findings, and conclusions of the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation under this
article are final and conclusive decisions of the matters involved. Any person
aggrieved by the decision may obtain review of the decision in the Superior
Court of
Fulton
Bibb
County. Findings of fact by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation, if supported
by substantial evidence, are conclusive.
16-13-52.
(a)
The State
Board of Pharmacy
Georgia Board
of Licensing and Regulation and the
Georgia Drugs and Narcotics Agency shall carry out programs designed to prevent
and deter misuse and abuse of controlled substances.
(b)
The State
Board of Pharmacy
Georgia Board
of Licensing and Regulation and the
Georgia Drugs and Narcotics Agency shall encourage research on misuse and abuse
of controlled substances. In connection with the research and in furtherance of
the enforcement of this article, they may:
(1)
Establish methods to assess accurately the effects of controlled substances and
identify and characterize those with potential for abuse;
(2)
Make studies and undertake programs of research to:
(A)
Develop new or improved approaches, techniques, systems, equipment, and devices
to strengthen the enforcement of this article;
(B)
Determine patterns of misuse and abuse of controlled substances and the social
effects thereof;
(C)
Improve methods for preventing, predicting, understanding, and dealing with the
misuse and abuse of controlled substances; and
(3)
Enter into agreements with public agencies, institutions of higher education,
and private organizations or individuals for the purpose of conducting research,
demonstrations, or special projects which bear directly on misuse and abuse of
controlled substances.
(c)
The State
Board of Pharmacy
Georgia Board
of Licensing and Regulation, in the public
interest, may authorize persons engaged in research on the use and effects of
controlled substances to withhold the names and other identifying
characteristics of individuals who are the subjects of the research. Persons who
obtain this authorization are not to be compelled in any civil, criminal,
administrative, legislative, or other proceeding to identify the individuals who
are the subjects of research for which the authorization was
obtained.
(d)
The State
Board of Pharmacy
Georgia Board
of Licensing and Regulation may authorize
the possession and distribution of controlled substances by persons engaged in
research. Persons who obtain this authorization are exempt from state
prosecution for possession and distribution of controlled substances to the
extent of the authorization.
16-13-53.
(a)
Prosecution for any violation of law occurring prior to July 1, 1974, is not
affected or abated by this article. If the offense which was being prosecuted is
similar to one set out in this article, then the penalties under this article
apply if they are less than those under prior law.
(b)
Civil seizures or forfeitures and injunctive proceedings commenced prior to July
1, 1974, are not affected by this article.
(c)
All administrative proceedings pending under prior laws which were superseded by
this article shall be continued and brought to a final determination in accord
with the laws and rules in effect prior to July 1, 1974. Any substance
controlled under prior law which is not listed within Schedules I through V is
automatically controlled without further proceedings and shall be listed in the
appropriate schedule.
(d)
This article applies to violations of law, seizures, forfeitures, injunctive
proceedings, administrative proceedings, and investigations occurring after July
1, 1974.
16-13-54.
Any
orders and rules promulgated under any law affected by this article and in
effect on July 1, 1974, and not in conflict with it shall continue in effect
until modified, superseded, or repealed.
16-13-55.
This
article shall be so applied and construed as to effectuate its general purpose
to make uniform the law with respect to the subject of this article among those
states which enact it.
16-13-56.
(a)
Unless otherwise specified with respect to a particular offense, any person who
violates any provision of this article shall be guilty of a
misdemeanor.
(b)
In addition to any other penalty imposed by law for a violation of this article,
if the sentencing court finds that in committing a violation of this article,
the defendant contributed to a release of hazardous waste, a hazardous
constituent, or a hazardous substance as such terms are defined by Code Sections
12-8-62 and 12-8-92, the court shall require such defendant to make restitution
to the State of Georgia pursuant to subsection (a) of Code Section 12-8-96.1 for
the reasonable costs of activities associated with the cleanup of environmental
hazards, including legal expenses incurred by the state. Restitution made
pursuant to this Code section shall not preclude the State of Georgia from
obtaining any other civil or criminal remedy available under any other provision
of law. The restitution authorized by this Code section is supplemental and not
exclusive.
Part
2
16-13-57.
(a)
Subject to funds as may be appropriated by the General Assembly or otherwise
available for such purpose, the agency shall, in consultation with members of
the Georgia Composite Medical Board, establish and maintain a program to
electronically record into an electronic data base prescription information
resulting from the dispensing of Schedule II, III, IV, or V controlled
substances and to electronically review such prescription information that has
been entered into such data base. The purpose of such program shall be to
assist in the reduction of the abuse of controlled substances, to improve,
enhance, and encourage a better quality of health care by promoting the proper
use of medications to treat pain and terminal illness, and to reduce duplicative
prescribing and overprescribing of controlled substance practices.
(b)
Such program shall be administered by the agency at the direction and oversight
of the board.
16-13-58.
(a)
The agency shall be authorized to apply for available grants and may accept any
gifts, grants, donations, and other funds, including funds from the disposition
of forfeited property, to assist in developing and maintaining the program
established pursuant to Code Section 16-13-57; provided, however, that neither
the board, agency, nor any other state entity shall accept a grant that requires
as a condition of the grant any sharing of information that is inconsistent with
this part.
(b)
The agency shall be authorized to grant funds to dispensers for the purpose of
covering costs for dedicated equipment and software for dispensers to use in
complying with the reporting requirements of Code Section 16-13-59. Such grants
to dispensers shall be funded by gifts, grants, donations, or other funds,
including funds from the disposition of forfeited property, received by the
agency for the operation of the program established pursuant to Code Section
16-13-57. The agency shall be authorized to establish standards and
specifications for any equipment and software purchased pursuant to a grant
received by a dispenser pursuant to this Code section. Nothing in this part
shall be construed to require a dispenser to incur costs to purchase equipment
or software to comply with this part.
(c)
Nothing in this part shall be construed to require any appropriation of state
funds.
16-13-59.
(a)
For purposes of the program established pursuant to Code Section 16-13-57, each
dispenser shall submit to the agency by electronic means information regarding
each prescription dispensed for a Schedule II, III, IV, or V controlled
substance. The information submitted for each prescription shall include at a
minimum, but shall not be limited to:
(1)
DEA permit number or approved dispenser facility controlled substance
identification number;
(2)
Date the prescription was dispensed;
(3)
Prescription serial number;
(4)
If the prescription is new or a refill;
(5)
National Drug Code (NDC) for drug dispensed;
(6)
Quantity and strength dispensed;
(7)
Number of days supply of the drug;
(8)
Patient's name;
(9)
Patient's address;
(10)
Patient's date of birth;
(11)
Patient gender;
(12)
Method of payment;
(13)
Approved prescriber identification number or prescriber's DEA permit
number;
(14)
Date the prescription was issued by the prescriber; and
(15)
Other data elements consistent with standards established by the American
Society for Automation in Pharmacy, if designated by regulations of the
agency.
(b)
Each dispenser shall submit the prescription information required in subsection
(a) of this Code section in accordance with transmission methods and frequency
requirements established by the agency on at least a weekly basis and shall
report, at a minimum, such prescription information no later than ten days after
the prescription is dispensed. If a dispenser is temporarily unable to comply
with this subsection due to an equipment failure or other circumstances, such
dispenser shall notify the board and agency.
(c)
The agency may issue a waiver to a dispenser that is unable to submit
prescription information by electronic means acceptable to the agency. Such
waiver may permit the dispenser to submit prescription information to the agency
by paper form or other means, provided all information required in subsection
(a) of this Code section is submitted in this alternative format and in
accordance with the frequency requirements established pursuant to subsection
(b) of this Code section. Requests for waivers shall be submitted in writing to
the agency.
(d)
The agency shall not revise the information required to be submitted by
dispensers pursuant to subsection (a) of this Code section more frequently than
annually. Any such change to the required information shall neither be
effective nor applicable to dispensers until six months after the adoption of
such changes.
(e)
The agency shall not access or allow others to access any identifying
prescription information from the electronic data base after one year from the
date such information was originally received by the agency. The agency may
retain aggregated prescription information for a period of one year from the
date the information is received but shall promulgate regulations and procedures
that will ensure that any identifying information the agency receives from any
dispenser or reporting entity that is one year old or older is deleted or
destroyed on an ongoing basis in a timely and secure manner.
(f)
A dispenser may apply to the agency for an exemption to be excluded from
compliance with this Code section if compliance would impose an undue hardship
on such dispenser. The agency shall provide guidelines and criteria for what
constitutes an undue hardship.
16-13-60.
(a)
Except as otherwise provided in subsections (c) and (d) of this Code section,
prescription information submitted pursuant to Code Section 16-13-59 shall be
confidential and shall not be subject to open records requirements, as contained
in Article 4 of Chapter 18 of Title 50.
(b)
The agency, in conjunction with the board, shall establish and maintain strict
procedures to ensure that the privacy and confidentiality of patients,
prescribers, and patient and prescriber information collected, recorded,
transmitted, and maintained pursuant to this part are protected. Such
information shall not be disclosed to any person or entity except as
specifically provided in this part and only in a manner which in no way
conflicts with the requirements of the federal Health Insurance Portability and
Accountability Act (HIPAA) of 1996, P.L. 104-191.
(c)
The agency shall be authorized to provide requested prescription information
collected pursuant to this part only as follows:
(1)
To persons authorized to prescribe or dispense controlled substances for the
sole purpose of providing medical or pharmaceutical care to a specific
patient;
(2)
Upon the request of a patient, prescriber, or dispenser about whom the
prescription information requested concerns or upon the request on his or her
behalf of his or her attorney;
(3)
To local, state, or federal law enforcement or prosecutorial officials pursuant
to the issuance of a search warrant pursuant to Article 2 of Chapter 5 of Title
17; and
(4)
To the agency or the Georgia Composite Medical Board upon the issuance of an
administrative subpoena issued by a Georgia state administrative law
judge.
(d)
The board may provide data to government entities for statistical, research,
educational, or grant application purposes after removing information that could
be used to identify prescribers or individual patients or persons who received
prescriptions from dispensers.
(e)
Any person or entity who receives electronic data base prescription information
or related reports relating to this part from the agency shall not provide such
information or reports to any other person or entity except by order of a court
of competent jurisdiction pursuant to this part.
(f)
Any permissible user identified in this part who directly accesses electronic
data base prescription information shall implement and maintain a comprehensive
information security program that contains administrative, technical, and
physical safeguards that are substantially equivalent to the security measures
of the agency. The permissible user shall identify reasonably foreseeable
internal and external risks to the security, confidentiality, and integrity of
personal information that could result in the unauthorized disclosure, misuse,
or other compromise of the information and shall assess the sufficiency of any
safeguards in place to control the risks.
(g)
No provision in this part shall be construed to modify, limit, diminish, or
impliedly repeal any authority existing on June 30, 2011, of a licensing or
regulatory board or any other entity so authorized to obtain prescription
information from sources other than the data base maintained pursuant to this
part; provided, however, that the agency shall be authorized to release
information from the data base only in accordance with the provisions of this
part.
16-13-61.
(a)
There is established an Electronic Database Review Advisory Committee for the
purposes of consulting with and advising the agency on matters related to the
establishment, maintenance, and operation of how prescriptions are
electronically reviewed pursuant to this part. This shall include, but shall
not be limited to, data collection, regulation of access to data, evaluation of
data to identify benefits and outcomes of the reviews, communication to
prescribers and dispensers as to the intent of the reviews and how to use the
data base, and security of data collected.
(b)
The advisory committee shall consist of ten members as follows:
(1)
A representative from the agency;
(2)
A representative from the Georgia Composite Medical Board;
(3)
A representative from the Georgia Board of Dentistry;
(4)
A representative with expertise in personal privacy matters, appointed by the
president of the State Bar of Georgia;
(5)
A representative from a specialty profession that deals in addictive medicine,
appointed by the Georgia Composite Medical Board;
(6)
A pain management specialist, appointed by the Georgia Composite Medical
Board;
(7)
An oncologist, appointed by the Georgia Composite Medical Board;
(8)
A representative from a hospice or hospice organization, appointed by the
Georgia Composite Medical Board;
(9)
A representative from the State Board of Optometry; and
(10)
A
The
consumer member appointed by the Governor
to the
State Board of Pharmacy pursuant to subsection (b) of Code Section
26-4-21.
(c)
Each member of the advisory committee shall serve a three-year term or until the
appointment and qualification of such member's successor.
(d)
The advisory committee shall elect a chairperson and vice chairperson from among
its membership to serve a term of one year. The vice chairperson shall serve as
the chairperson at times when the chairperson is absent.
(e)
The advisory committee shall meet at the call of the chairperson or upon request
by at least three of the members and shall meet at least one time per year.
Five members of the committee shall constitute a quorum.
(f)
The members shall receive no compensation or reimbursement of expenses from the
state for their services as members of the advisory committee.
16-13-62.
The
agency shall establish rules and regulations to implement the requirements of
this part. Nothing in this part shall be construed to authorize the agency to
establish policies, rules, or regulations which limit, revise, or expand or
purport to limit, revise, or expand any prescription or dispensing authority of
any prescriber or dispenser subject to this part. Nothing in this part shall be
construed to impede, impair, or limit a prescriber from prescribing pain
medication in accordance with the pain management guidelines developed and
adopted by the Georgia Composite Medical Board.
16-13-63.
Nothing
in this part shall require a dispenser or prescriber to obtain information about
a patient from the program established pursuant to this part. A dispenser or
prescriber shall not have a duty and shall not be held civilly liable for
damages to any person in any civil or administrative action or criminally
responsible for injury, death, or loss to person or property on the basis that
the dispenser or prescriber did or did not seek or obtain information from the
electronic data base established pursuant to Code Section 16-13-57.
16-13-64.
(a)
A dispenser who knowingly and intentionally fails to submit prescription
information to the agency as required by this part or knowingly and
intentionally submits incorrect prescription information shall be guilty of a
felony and, upon conviction thereof, shall be punished for each such offense by
imprisonment for not less than one year nor more than five years, a fine not to
exceed $50,000.00, or both, and such actions shall be reported to the
licensing
board responsible for issuing such dispenser's dispensing
license
director
for action to be taken against such dispenser's license.
(b)
An individual authorized to access electronic data base prescription information
pursuant to this part who negligently uses, releases, or discloses such
information in a manner or for a purpose in violation of this part shall be
guilty of a misdemeanor. Any person who is convicted of negligently using,
releasing, or disclosing such information in violation of this part shall, upon
the second or subsequent conviction, be guilty of a felony and shall be punished
by imprisonment for not less than one nor more than three years, a fine not to
exceed $5,000.00, or both.
(c)(1)
An individual authorized to access electronic data base prescription information
pursuant to this part who knowingly obtains or discloses such information in a
manner or for a purpose in violation of this part shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than one year nor more than five years, a fine not to exceed $50,000.00, or
both.
(2)
Any person who knowingly obtains, attempts to obtain, or discloses electronic
data base prescription information pursuant to this part under false pretenses
shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one year nor more than five years, a fine not to
exceed $100,000.00, or both.
(3)
Any person who obtains or discloses electronic data base prescription
information not specifically authorized herein with the intent to sell,
transfer, or use such information for commercial advantage, personal gain, or
malicious harm shall be guilty of a felony and, upon conviction thereof, shall
be punished by imprisonment for not less than two years nor more than ten years,
a fine not to exceed $250,000.00, or both.
(d)
Any person who is injured by reason of any violation of this part shall have a
cause of action for the actual damages sustained and, where appropriate,
punitive damages. Such person may also recover attorney's fees in the trial and
appellate courts and the costs of investigation and litigation reasonably
incurred.
(e)
The penalties provided by this Code section are intended to be cumulative of
other penalties which may be applicable and are not intended to repeal such
other penalties.
16-13-65.
(a)
This part shall not apply to any veterinarian.
(b)
This part shall not apply to any drug, substance, or immediate precursor
classified as an exempt over the counter (OTC) Schedule V controlled substance
pursuant to this chapter or pursuant to board rules established in accordance
with Code Section 16-13-29.2."
SECTION
2-8.
Said
title is further amended by revising Article 3 of Chapter 13, relating to
dangerous drugs, as follows:
"ARTICLE
3
16-13-70.
This
article shall be known and may be cited as the 'Dangerous Drug
Act.'
16-13-70.1.
Any
term used in this article and not defined in this article but defined in Code
Section 16-13-21 shall have the meaning provided for that term in Code Section
16-13-21.
16-13-71.
(a)
A 'dangerous drug' means any drug other than a drug contained in any schedule of
Article 2 of this chapter, which, under the Federal Food, Drug, and Cosmetic Act
(52 Stat. 1040 (1938)), 21 U.S.C. Section 301, et seq., as amended, may be
dispensed only upon prescription. In any civil or criminal action or other
proceedings, a certification from the Food and Drug Administration of the United
States Department of Health and Human Services attesting to the fact that a drug
other than a drug contained in any schedule of Article 2 of this chapter
involved in the action or proceeding is a dangerous drug that federal law
prohibits dispensing of without a prescription pursuant to the Federal Food,
Drug, and Cosmetic Act shall be admissible as prima-facie proof that such drug
is a 'dangerous drug.'
(b)
In addition to subsection (a) of this Code section, a 'dangerous drug' means any
other drug or substance declared by the General Assembly to be a dangerous drug;
to include any of the following drugs, chemicals, or substances; salts, isomers,
esters, ethers, or derivatives of such drugs, chemicals, or substances which
have essentially the same pharmacological action; all other salts, isomers,
esters, ethers, and compounds of such drugs, chemicals, or substances unless
specifically exempted and the following devices, identified as 'dangerous
drugs':
(.03)
Abacavir;
(.035)
Abarelix;
(.037)
Abatacept;
(.04)
Abciximab;
(.043)
abobotulinumtoxinA;
(.045)
Acamprostate;
(.05)
Acarbose;
(.1)
Acebutolol;
(1)
Acecarbromal;
(2)
Acenocoumarol;
(3)
Acetazolamide;
(3.5)
Reserved;
(4)
Acetohexamide;
(4.1)
Aceto-hydroxamic acid;
(5)
Acetophenazine;
(6)
Acetosulfone;
(7)
Acetyl sulfamethoxypyridazine;
(8)
Acetyl sulfisoxazole;
(9)
Acetylcarbromal;
(10)
Acetylcholine;
(11)
Acetylcysteine;
(12)
Acetyldigitoxin;
(12.1)
Acitretin;
(13)
Acrisorcin;
(13.3)
Acrivastine;
(13.5)
Acyclovir;
(13.53)
Adalimumab;
(13.55)
Adapalene;
(13.6)
Adenosine;
(14)
Adenosine 5-monophosphate;
(15)
Adenylic acid;
(16)
Adiphenine hydrochloride;
(17)
Adrenal cortex extracts;
(17.5)
Albendazole;
(18)
Albumin, normal human serum;
(18.1)
Albuterol;
(19)
Albutonium;
(19.3)
Alcaftadine;
(19.5)
Alclometasone dipropionate;
(19.6)
Alendronate;
(19.65)
Alfuzosin;
(19.7)
Alglucerase;
(19.75)
Alglucosidase alfa;
(19.77)
Aliskiren;
(19.8)
Alitretinoin;
(20)
Alkaverir;
(21)
Alkavervir;
(21.1)
Alkyl nitrites;
(22)
Allopurinol;
(22.2)
Almotriptan;
(22.5)
Alosetron;
(23)
Alpha amylase;
(23.1)
Alprostadil;
(24)
Alseroxylon;
(24.1)
Altenodol;
(24.6)
Altretamine;
(25)
Aluminum nicotinate;
(26)
Alverine;
(26.5)
Alvimopan;
(27)
Amantadine;
(28)
Ambenonium chloride;
(28.5)
Ambrisentan;
(29)
Ambrosiacae follens;
(30)
Amcinonide;
(30.1)
Amdinocillin;
(30.5)
Amifostine;
(31)
Amikacin;
(31.1)
Amiloride;
(32)
Aminacrine;
(33)
4-amino-N-methyl-pteroylglutamic acid;
(34)
Amino acid preparations for injection or vaginal use;
(35)
Aminocaproic acid;
(36)
Aminohippurate;
(36.5)
Aminolevulinic acid;
(37)
Aminophylline;
(38)
Aminosalicylate — See exceptions;
(39)
Aminosalicylate calcium — See exceptions;
(40)
Aminosalicylate potassium — See exceptions;
(41)
Aminosalicylate sodium — See exceptions;
(42)
Aminosalicylic acid — See exceptions;
(42.1)
Amiodarone;
(43)
Amisometradine;
(44)
Amitriptyline;
(44.3)
Amlexanox;
(44.5)
Amlodipine;
(44.6)
Ammonia, N-13;
(44.7)
Ammonium lactate;
(45)
Amodiaquin;
(45.5)
Amoxapine;
(46)
Amoxicillin;
(47)
Amphotericin B;
(48)
Ampicillin;
(48.2)
Amprenavir;
(48.6)
Amrinone;
(49)
Amyl nitrite;
(50)
Amylolytic enzymes;
(50.1)
Anabolic steroids, if listed in Code Section 16-13-27.1 as being exempt as
Schedule III controlled substances;
(50.3)
Anagrelide;
(50.4)
Anakinra;
(50.5)
Anastrozole;
(51)
Androgens, except those androgens listed in paragraph (6) of Code Section
16-13-27;
(52)
Angiotensin amide;
(52.5)
Anidulafungin;
(53)
Anisindione;
(54)
Anisotropine;
(55)
Antazoline;
(56)
Anterior pituitary hormones;
(57)
Anthralin;
(58)
Anti-coagulant acid:
(A)
Citrate dextrose;
(59)
Antigens:
(A)
Alternaria tenius;
(B)
Aqua ivy;
(C)
Ash mix;
(D)
Aspergillus fumigatus;
(E)
Bacterial, Staphylococcus aureus, Type 1;
(F)
Bacterial, Staphylococcus aureus, Type 3;
(G)
Bacterial, Undenatured;
(H)
Bee;
(I)
Beech;
(J)
Bermuda grass;
(K)
Birch;
(L)
California live oak;
(M)
Candida albicans;
(N)
Careless weed;
(O)
Cat epithelia;
(P)
Cattle epithelia;
(Q)
Coccidioides immitis;
(R)
Cottonwood fremont;
(S)
Dog epithelia;
(T)
Elm mix;
(U)
English plantain;
(V)
Feather mix;
(W)
Gram negative bacterial;
(X)
Helminthosporium sativum;
(Y)
Hickory;
(Z)
Hormodendrum hordei;
(AA)
Hornet;
(BB)
House dust;
(CC)
House dust mix;
(DD)
Insects;
(EE)
Intradermal or scratching test;
(FF)
Johnson grass;
(GG)
Kentucky blue grass;
(HH)
Kochia;
(II)
Lamb quarters;
(JJ)
Maple;
(KK)
Mesquite;
(LL)
Mixed epidermals;
(MM)
Mixed grass, ragweeds (spring-fall);
(NN)
Mixed grasses (spring);
(OO)
Mixed inhalants;
(PP)
Mixed molds;
(QQ)
Mixed ragweed;
(RR)
Mixed ragweed — mixed weeds (fall);
(SS)
Mixed weeds;
(TT)
Molds;
(UU)
Mountain cedar;
(VV)
Mugwort common;
(WW)
National weed mix;
(XX)
Oak mix;
(YY)
Olive;
(ZZ)
Orchard grass;
(AAA)
Pecan;
(BBB)
Penicillium notatum;
(CCC)
Perennial rye;
(DDD)
Poison oak and poison ivy;
(EEE)
Pollens;
(FFF)
Poplar mix;
(GGG)
Prescription;
(HHH)
Ragweed mix;
(III)
Red top grass;
(JJJ)
Respiratory bacterial;
(KKK)
Rough pigweed;
(LLL)
Russian thistle;
(MMM)
Sagebrush common;
(NNN)
Scale mix;
(OOO)
Short ragweed;
(PPP)
Simplified allergy screening set;
(QQQ)
Skin bacterial;
(RRR)
Southern grass;
(SSS)
Staphylococcal;
(TTT)
Stinging insect mix;
(UUU)
Stinging insects;
(VVV)
Sweet vernal;
(WWW)
Sycamore;
(XXX)
Tall ragweed;
(YYY)
Timothy;
(ZZZ)
Tree mix;
(AAAA)
Trees (early spring);
(BBBB)
Walnut;
(CCCC)
Wasp;
(DDDD)
West ragweed;
(EEEE)
West weed mix;
(FFFF)
Yellow jacket;
(60)
Antihemophilic factor, Human;
(61)
Antirabies serum;
(62)
Antivenin;
(62.1)
Apomorphine;
(62.3)
Apraclonidine;
(62.4)
Aprepitant;
(62.5)
Aprotinin;
(62.7)
Ardeparin;
(62.75)
Arformoterol tartrate;
(62.8)
Argatroban;
(63)
Arginine, L-;
(63.5)
Aripiprazole;
(64)
Arsenic — Preparation for human use;
(64.1)
Arsenic trioxide;
(65)
Artegraft;
(65.5)
Artemether;
(66)
Ascorbate sodium — Injection;
(66.5)
Asenapine;
(67)
Asparaginase;
(67.6)
Astemizole;
(67.67)
Astenajavol;
(67.72)
Atazanavir;
(68.1)
Atenolol;
(68.15)
Atomoxetine;
(68.2)
Atorvastatin;
(68.3)
Atovaquone;
(68.4)
Atracurium besylate;
(68.5)
Atropine — See exceptions;
(68.6)
Auranofin;
(69)
Aurothioglucose;
(69.5)
Azacitidine;
(70)
Azapetine;
(71)
Azatadine maleate;
(72)
Azathioprine;
(72.3)
Azelaic acid;
(72.4)
Azelastine;
(72.5)
Azithromycin;
(72.7)
Azlocillin;
(73)
Azo-sulfisoxazole;
(73.5)
Aztreonam;
(74)
Azuresin;
(75)
Bacitracin — See exceptions;
(76)
Baclofen;
(76.5)
Balsalazide;
(77)
Barium — See exceptions;
(78)
Beclomethasone;
(79)
Belladonna;
(80)
Belladonna alkaloids;
(81)
Belladonna extracts;
(82)
Benactyzine;
(82.5)
Benazepril;
(82.7)
Bendamustine;
(83)
Bendroflumethiazide;
(83.1)
Benoxaprofen;
(83.2)
Bentiromide;
(83.5)
Bentoquatam — See exceptions;
(84)
Benzestrol;
(85)
Benzonatate;
(86)
Benzoylpas;
(87)
Benzquinamide;
(88)
Benzthiazide;
(89)
Benztropine;
(90)
Benzylpenicilloyl - polylysine;
(91)
Bephenium hydroxynaphthoate;
(91.3)
Bepotastine;
(91.5)
Bepridil;
(91.7)
Beractant;
(91.8)
Besifloxacin;
(92)
Beta-carotene — See exceptions;
(93)
Betadine vaginal gel;
(94)
Betahistine;
(94.5)
Betaine, anhydrous;
(95)
Betamethasone;
(95.1)
Betaxolol;
(96)
Betazole;
(97)
Bethanechol;
(97.1)
Bethanidine sulfate;
(97.2)
Bevacizumab;
(97.3)
Bexarotene;
(97.5)
Bicalutamide;
(98)
Bile extract;
(98.2)
Bimatoprost;
(99)
Biperiden;
(100)
Bisacodyl tannex;
(101)
Bishydroxycoumarin;
(101.5)
Biskalcitrate;
(102)
Bismuth sodium tartrate — See exceptions;
(102.05)
Bisoprolol;
(102.1)
Bitolterol mesylate;
(102.5)
Bivalirudin;
(103)
Blastomycine;
(104)
Bleomycin;
(105)
Boroglycerin glycerite;
(105.3)
Bortezomib;
(105.5)
Bosentan;
(105.7)
Botulinum toxin (B);
(106)
Botulism antitoxin;
(107)
Bretylium;
(107.3)
Briazolamide;
(107.5)
Brimonidine;
(108)
Bromelains — See exceptions;
(108.5)
Bromfenac;
(109)
Bromisovalum;
(110)
Bromocriptine;
(111)
Bromodiphenhydramine;
(112)
Brompheniramine — See exceptions;
(113)
Brucella antigen;
(114)
Brucella protein nucleate;
(115)
Buclizine;
(115.3)
Budesonide;
(115.5)
Bumetanide;
(116)
Bupivacaine;
(116.05)
Reserved;
(116.1)
Bupropion;
(116.5)
Buspirone;
(117)
Busulfan;
(118)
Butacaine;
(119)
Butaperazine;
(119.05)
Butenafine — See exceptions;
(119.1)
Butoconazole — See exceptions;
(120)
Reserved;
(121)
Butyl nitrite;
(122)
Butyrophenone;
(122.3)
Cabazitaxel;
(122.5)
Cabergoline;
(123)
Cadmium sulfide — See exceptions;
(124)
Caffeine sodium benzoate;
(124.3)
Calcifediol;
(124.7)
Calcipotriene;
(125)
Calcitonin, Salmon;
(126)
Calcitriol;
(127)
Calcium disodium edetate — See exceptions;
(128)
Calcium gluconogalactogluconate;
(129)
Calcium levulinate;
(129.5)
Calfactant;
(130)
Calusterone;
(130.3)
Canakinumab;
(130.5)
Candesartan;
(131)
Candicidin;
(132)
Cantharidin;
(132.5)
Capecitabine;
(133)
Capreomycin;
(133.05)
Capsaicin - see exceptions;
(133.1)
Captopril;
(134)
Capyodiame;
(135)
Caramiphen;
(136)
Carbachol;
(137)
Carbamazepine;
(138)
Carbazochrome;
(139)
Carbenicillin;
(140)
Carbetapentane;
(141)
Carbidopa;
(142)
Carbinoxamine;
(142.5)
Carboplatin;
(143)
Carglumic Acid;
(144)
Carmustine;
(144.1)
Carnitine;
(145)
Carphenazine;
(145.6)
Carteolol;
(145.8)
Carvedilol;
(146)
Casein hydrolysate;
(146.6)
Caspofungin;
(147)
Catarrhalis combined vaccine;
(148)
Catarrhalis vaccine mixed;
(149)
Cefaclor;
(150)
Cefadroxil;
(151)
Cefamandole;
(151.3)
Cefazolin;
(151.4)
Cefdinir;
(151.45)
Cefditoren;
(151.5)
Cefepime;
(151.6)
Cefixime;
(151.7)
Cefmetazole;
(151.8)
Cefonicid;
(152)
Cefoperazone;
(152.1)
Ceforanide;
(152.2)
Cefotaxime;
(152.3)
Cefotetan;
(152.7)
Cefotiam;
(152.9)
Cefoxitin;
(153.1)
Cefpiramide;
(153.2)
Cefpodoxime;
(153.3)
Cefprozil;
(153.35)
Ceftaroline;
(153.4)
Ceftazidime;
(153.5)
Ceftibuten;
(153.6)
Ceftizoxime;
(153.8)
Ceftriaxone;
(153.9)
Cefuroxime;
(153.95)
Celecoxib;
(154)
Cellulose, Oxadized, Regenerated — See exceptions;
(155)
Cephalexin;
(156)
Cephaloglycin;
(157)
Cephaloridine;
(158)
Cephalothin;
(159)
Cephapirin;
(159.3)
Cephradine;
(159.6)
Ceretec;
(159.8)
Cerivastatin;
(160)
Certolizumab;
(160.1)
Ceruletide;
(160.15)
Cetirizine — See exceptions;
(160.16)
Cetrorelix;
(160.165)
Cetuximab;
(160.17)
Cevimeline;
(160.20)
Chenodiol;
(161)
Chlophedianol;
(162)
Chlorambucil;
(163)
Chloramphenicol;
(164)
Chloranil — See exceptions;
(165)
Chlordantoin;
(166)
Chlordiazepoxide in combination with clidinium bromide or water soluble
esterified estrogens;
(166.5)
Chlorhexidine — See exceptions;
(167)
Chlormadinone;
(168)
Chlormerodrin;
(169)
Chlormezanone;
(170)
Chloroacetic acid — See exceptions;
(171)
Chlorobutanol — See exceptions;
(172)
Chloroform — See exceptions;
(173)
Chloroguanide;
(174)
Chloroprocaine;
(175)
Chloroquine;
(176)
Chlorothiazide;
(177)
Chlorotrianisene;
(178)
Chloroxine;
(179)
Chlorphenesin;
(180)
Chlorpheniramine — See exceptions;
(181)
Chlorphenoxamine;
(182)
Chlorpromazine;
(183)
Chlorpropamide;
(184)
Chlorprothixene;
(185)
Chlorquinaldol;
(186)
Chlortetracycline;
(187)
Chlorthalidone;
(188)
Chlorzoxazone;
(189)
Cholera vaccine;
(190)
Cholestyramine resin;
(191)
Chondroitin;
(191.5)
Chymopapain;
(192)
Chymotrypsin;
(192.02)
Ciclesonide;
(192.03)
Ciclopirox;
(192.05)
Cidofovir;
(192.1)
Cilastatin;
(192.4)
Cilexetil;
(192.7)
Cilostazol;
(193)
Cimetidine — See exceptions;
(193.5)
Cinacalcet;
(194)
Cinoxacin;
(194.5)
Ciprofloxacin;
(194.7)
Cisapride;
(194.8)
Cisatracurium;
(195)
Cisplatin;
(195.2)
Citalopram;
(195.3)
Cladribine;
(195.5)
Clarithromycin;
(195.7)
Clavulanate;
(196)
Clemastine — See exceptions;
(196.5)
Clevidipine;
(197)
Clidinium bromide;
(198)
Clindamycin;
(198.1)
Clobetasol propionate;
(199)
Clocortolone pivalate;
(200)
Clofibrate;
(201)
Clomiphene;
(201.5)
Clomipramine;
(202)
Clonidine;
(203)
Clopidogerel;
(204)
Clostridiopeptidase;
(205)
Clotrimazole — See exceptions;
(206)
Cloxacillin;
(206.5)
Clozapine;
(207)
Coal tar solution topical;
(208)
Cobra venom;
(209)
Colchicine — See exceptions;
(209.5)
Colesevelam;
(210)
Colestipol;
(211)
Colistimethate;
(212)
Colistin;
(213)
Collagenase;
(213.1)
Collagenase clostridium histolyticum;
(213.3)
Conivaptan;
(213.5)
Corticorelin;
(214)
Corticotropin;
(215)
Corticotropin, Respository;
(216)
Cortisone;
(217)
Cosyntropin;
(217.5)
Crixivan;
(218)
Cromolyn — See exceptions;
(219)
Crotaline antivenin, Polyvalent;
(220)
Crotamiton;
(221)
Cryptenamine;
(221.5)
Cupric chloride — injectable;
(222)
Cyanide antidote;
(223)
Cyclacillin;
(224)
Cyclandelate;
(225)
Reserved;
(226)
Cyclobenzaprine;
(227)
Cyclomethycaine;
(228)
Cyclopentamine;
(229)
Cyclopentolate;
(230)
Cyclophosphamide;
(231)
Cycloserine;
(231.5)
Cyclosporine;
(232)
Cyclothiazide;
(233)
Cycrimine;
(234)
Cyproheptadine;
(234.5)
Cysteamine;
(235)
Cytarabine;
(235.5)
Dabigatran;
(236)
Dacarbazine;
(236.6)
Daclizumab;
(237)
Dactinomycin;
(237.1)
Dalfampridine;
(237.2)
Dalfopristin;
(237.5)
Dalteparin;
(237.7)
Danaparoid;
(238)
Danazol;
(239)
Dantrolene;
(239.5)
Dapiprazole;
(240)
Dapsone — See exceptions;
(240.3)
Daptomycin;
(240.5)
Darbepoetin alfa;
(240.6)
Darifenacin;
(240.7)
Darunavir;
(240.9)
Dasatinib;
(241)
Daunorubicin;
(242)
Deanol;
(243)
Decamethonium;
(243.3)
Decitabine;
(243.5)
Deferasirox;
(244)
Deferoxamine;
(244.4)
Degarelix;
(244.5)
Delavirdine;
(245)
Demecarium;
(246)
Demeclocycline;
(247)
Demethylchlortetracycline;
(247.7)
Denosumab;
(248)
Deoxyribonuclease, Pancreatic;
(249)
Deserpidine;
(249.5)
Desflurane;
(250)
Desipramine;
(250.5)
Desirudin;
(251)
Deslanoside;
(251.5)
Desloratadine;
(252)
Desmopressin;
(252.5)
Desogestrel;
(253)
Desonide;
(254)
Desoximetasone;
(255)
Desoxycorticosterone;
(256)
Desoxyribonuclease;
(256.5)
Desvenlafaxine;
(257)
Dexamethasone;
(258)
Dexbrompheniramine — See exceptions;
(259)
Dexchlorpheniramine;
(259.5)
Dexlansoprazole;
(260)
Dexpanthenol;
(260.5)
Dexrazoxane;
(261)
Dextran;
(262)
Reserved;
(263)
Dextriferron;
(264)
Dextroisoephedrine;
(265)
Dextrothyroxine;
(265.5)
Dezocine;
(266)
Diatrizoate;
(267)
Diazoxide;
(268)
Dibucaine;
(269)
Dichloralphenazone;
(270)
Dichlorphenamide;
(270.5)
Diclofenac;
(271)
Dicloxacillin;
(272)
Dicyclomine;
(272.5)
Didanosine;
(273)
Dienestrol;
(273.5)
Dienogest;
(274)
Diethylcarbamazine;
(275)
Diethylstilbestrol;
(276)
Reserved;
(277)
Diflorasone diacetate;
(277.5)
Diflunisal;
(277.57)
Difluprednate;
(278)
Digitalis;
(279)
Digitoxin;
(280)
Digoxin;
(281)
Dihydroergocornine;
(282)
Dihydroergocristine;
(283)
Dihydroergocryptine;
(284)
Dihydroergotamine;
(285)
Dihydrostreptomycin;
(286)
Dihydrotachysterol;
(287)
Diiodohydroxyquin;
(287.5)
Diltiazem;
(288)
Dimenhydrinate — Injection or suppositories;
(289)
Dimercaprol;
(290)
Dimethindene;
(291)
Dimethisterone;
(292)
Dimethyl sulfoxide — See exceptions;
(293)
Dimethyl tubocurarine;
(293.5)
Dimyristoyl;
(294)
Dinoprost;
(295)
Dinoprostone;
(296)
Dioxyline;
(297)
Diphemanil;
(298)
Diphenadione;
(299)
Diphenhydramine — See exceptions;
(300)
Diphenidol;
(301)
Diphenylhydantoin;
(302)
Diphenylpyraline;
(303)
Diphtheria antitoxin;
(304)
Diphtheria and tetanus toxoids;
(305)
Diphtheria and tetanus toxoids and pertussis vaccine;
(306)
Diphtheria and tetanus toxoids, Absorbed;
(307)
Diphtheria and tetanus toxoids, Pertussis;
(308)
Diphtheria toxoid;
(309)
Dipivefrin;
(310)
Dipyridamole;
(311)
Dipyron;
(311.3)
Dirithromycin;
(311.5)
Disibind;
(312)
Disodium edetate — See exceptions;
(313)
Disopyramide;
(314)
Disulfiram;
(314.5)
Divalproex;
(315)
Dobutamine;
(315.5)
Docetaxel;
(315.7)
Docosanol — See exceptions;
(316)
Doderlein bacilli;
(316.2)
Dofetilide;
(316.3)
Dolasetron;
(316.5)
Donepezil;
(317)
Dopamine;
(317.2)
Doripenem;
(317.3)
Dornase Alpha;
(317.4)
Dorzolamide;
(317.5)
Doxacurium;
(318)
Doxapram;
(318.5)
Doxazosin mesylate;
(319)
Doxepin;
(319.5)
Doxercalciferol;
(320)
Doxorubicin;
(321)
Doxycycline;
(322)
Doxylamine;
(323)
Doxylamine succinate;
(324)
Dromostanolone;
(324.5)
Dronedarone;
(325)
Droperidol;
(325.3)
Drospirenone;
(325.4)
Drotrecogin alfa;
(325.45)
Duloxetine;
(325.5)
Dutasteride;
(326)
Dyclonine;
(327)
Dydrogesterone;
(328)
Dyphylline;
(328.5)
Ecallantide;
(329)
Echothiophate;
(329.5)
Econazole;
(330)
Ectylurea;
(330.3)
Eculizumab;
(330.5)
Edetate — See exceptions;
(331)
Edrophonium;
(331.03)
Efavirenz;
(331.05)
Eflornithine;
(331.06)
Eltrombopag;
(331.07)
Emedastine;
(331.072)
Emtricitabine;
(331.1)
Enalapril;
(331.6)
Enalaprilat;
(332)
Enflurane;
(332.2)
Enfuvirtide;
(332.5)
Enoxacin;
(332.7)
Enoxaparin;
(332.8)
Entacapone;
(332.85)
Entecavir;
(332.9)
Epinastine;
(333)
Epinephrine;
(334)
Epinephryl borate;
(334.3)
Epirubicin;
(334.4)
Eplerenone;
(334.5)
Epoprostenol;
(334.7)
Eprosartan;
(334.8)
Eptifibatide;
(335)
Ergocalciferol — See exceptions;
(335.5)
Ergoloid mesylates;
(336)
Ergonovine;
(337)
Ergotamine;
(338)
Ergosine;
(339)
Ergocristine;
(340)
Ergocryptine;
(341)
Ergocornine;
(342)
Ergotaminine;
(343)
Ergosinine;
(344)
Ergocristinine;
(345)
Ergocryptinine;
(346)
Ergocorninine;
(346.05)
Eribulin;
(346.1)
Erlotinib;
(346.5)
Ertapenem;
(347)
Erythrityl tetranitrate;
(348)
Erythromycin;
(348.722)
Escitalopram;
(349)
Eserine;
(349.4)
Esmolol;
(349.7)
Esomeprazole;
(350)
Esterified estrogens;
(351)
Estradiol;
(352)
Estriol;
(353)
Estrogens;
(354)
Estrogenic substances;
(355)
Estrone;
(355.5)
Estropipate;
(356)
Ethacrynate;
(357)
Ethacrynic acid;
(358)
Ethambutol;
(359)
Ethamivan;
(359.5)
Ethanolamine oleate;
(360)
Ethaverine;
(361)
Ether — See exceptions;
(361.5)
Ethinamate;
(362)
Ethinyl estradiol;
(363)
Ethiodized oil;
(364)
Ethionamide;
(365)
Ethisterone;
(366)
Ethoheptazine;
(367)
Ethopropazine;
(368)
Ethosuximide;
(369)
Ethotoin;
(370)
Ethoxazene — See exceptions;
(371)
Ethoxyzolamide;
(372)
Ethyl biscoumacetate;
(373)
Ethyl chloride — See exceptions;
(374)
Ethyl nitrite spirit;
(375)
Reserved;
(376)
Ethylnorepinephrine;
(377)
Ethynodiol diacetate;
(378)
Etidocaine;
(379)
Etidronate;
(379.05)
Etodolac;
(379.07)
Etomidate;
(379.09)
Etonogestrel;
(379.1)
Etoposide;
(379.5)
Etravirine;
(380)
Eucatropine;
(380.3)
Everolimus;
(380.5)
Exemestane;
(380.6)
Exenatide;
(380.7)
Ezetimibe;
(381)
Factor IX complex, Human;
(381.1)
Famciclovir;
(381.2)
Famotidine — See exceptions;
(381.3)
Felbamate;
(381.5)
Felodipine;
(381.55)
Fenfibrate;
(381.6)
Fenofenadine;
(381.7)
Fenofibrate;
(381.75)
Fenofibric acid;
(381.8)
Fenoldopam;
(382)
Fenoprofen;
(382.25)
Febuxostat;
(383)
Ferric cacodylate;
(383.15)
Ferric Hexacyanoferrate;
(383.3)
Ferumoxides;
(383.4)
Ferumoxsil;
(383.43)
Ferumoxytol;
(383.45)
Fesoterodine;
(383.5)
Fexofenadine – See exceptions;
(384)
Fibrinogen;
(385)
Fibrinogen/antihemophilic factor, Human;
(386)
Fibrinolysin, Human;
(386.3)
Finasteride;
(386.5)
Filgrastin;
(386.7)
Fingolimod;
(387)
Flavoxate;
(387.1)
Flecainide acetate;
(388)
Florantyrone;
(388.5)
Flosequinan;
(389)
Floxuridine;
(389.5)
Fluconazole;
(390)
Flucytosine;
(390.5)
Fludarabine;
(390.7)
Fludeoxyglucose;
(391)
Fludrocortisone;
(391.5)
Flumazenil;
(392)
Flumethasone;
(392.1)
Flunisolide;
(393)
Fluocinonide;
(394)
Fluocinolone;
(395)
Fluorescein;
(396)
Fluoride — See exceptions;
(396.5)
Fluorometholone;
(397)
Fluorophosphates;
(398)
Fluorouracil;
(399)
Fluoxetine;
(399.5)
Fluoxymesterone;
(400)
Fluphenazine;
(401)
Fluprednisolone;
(402)
Flurandrenolide;
(402.2)
Flurbiprofen;
(402.5)
Flutamide;
(402.7)
Fluticasone;
(402.8)
Fluvastatin;
(402.9)
Fluvoxamine;
(403)
Folate sodium;
(404)
Folic acid — See exceptions;
(404.3)
Follitropin;
(404.5)
Fomivirsen;
(404.7)
Fondaparinux;
(405)
Foreign protein;
(406)
Formaldehyde — See exceptions;
(406.2)
Formoterol;
(406.3)
Fosamprenavir;
(406.35)
Fosaprepitant;
(406.4)
Foscarnet;
(406.5)
Fosfomycin;
(406.7)
Fosinopril;
(406.9)
Fosphenytoin;
(406.95)
Frovatriptan;
(407)
Furazolidone;
(408)
Furosemide;
(408.2)
Gabapentin;
(408.25)
Gadobenate;
(408.3)
Gadodiamide;
(408.35)
Gadofosveset;
(408.4)
Gadopentetate dimeglumine;
(408.6)
Gadoteridol;
(408.8)
Gadoversetamide;
(408.85)
Gadoxetate;
(408.9)
Galantamine;
(409)
Gallamine triethiodide;
(409.3)
Gallium citrate;
(409.5)
Gallium nitrate;
(409.8)
Galsulfase;
(410)
Gamma benzene hexachloride;
(411)
Gamma globulin;
(411.5)
Ganciclovir;
(411.7)
Ganirelix;
(412)
Gas gangrene polyvalent antitoxin;
(412.03)
Gatifloxacin;
(412.04)
Gefitinib;
(412.05)
Gemcitabine;
(412.1)
Gemfibrozil;
(412.2)
Gemifloxacin;
(412.3)
Gemtuzumab ozogamicin;
(412.5)
Genotropin;
(413)
Gentamicin;
(414)
Gentian violet vaginal suppositories;
(415)
Gitalin;
(415.03)
Glatiramer;
(415.05)
Glimepiride;
(415.1)
Glipizide;
(416)
Glucagon;
(417)
Gluceptate;
(418)
Gluconate magnesium;
(419)
Gluconate potassium — See exceptions;
(420)
Glutamate arginine;
(420.1)
Glyburide;
(420.5)
Glycine — See exceptions;
(421)
Glycobiarsol;
(422)
Glycopyrrolate;
(423)
Gold sodium thiomalate;
(424)
Gold thiosulfate — See exceptions;
(424.4)
Golimumab;
(425)
Gomenol Solution;
(425.5)
Gonadorelin acetate;
(426)
Gonadotropin, Chroinic;
(427)
Gonadotropin, Chroinic, Anti-human serum;
(428)
Gonadotropin, Serum;
(428.5)
Goserelin;
(429)
Gramicidin;
(430)
Gramineae pollens;
(430.3)
Gramosetron;
(430.5)
Granisetron;
(431)
Griseofulvin;
(431.5)
Guanabenz;
(432)
Guanethidine;
(432.4)
Guanadrel;
(432.7)
Guanfacine;
(432.9)
Guanidine;
(433)
Halcinonide;
(433.5)
Halobetasol Propionate;
(433.7)
Halofantrine;
(434)
Haloperidol;
(435)
Haloprogin;
(436)
Halothane;
(437)
Hartman's solution;
(438)
Heparin;
(439)
Hetacillin;
(440)
Hexachlorophene — See exceptions;
(441)
Hexafluorenium;
(442)
Hexocyclium;
(443)
Hexylcaine;
(444)
Histamine;
(445)
Histoplasmin;
(445.5)
Histrelin acetate;
(446)
Homatropine;
(446.4)
Human secretin;
(446.6)
Hyaluronan;
(446.7)
Hyaluronic acid;
(447)
Hyaluronidase;
(448)
Hydralazine;
(449)
Hydrocalciferol;
(450)
Hydrochlorothiazide;
(451)
Hydrocortamate;
(452)
Hydrocortisone — See exceptions;
(453)
Hydroflumethiazide;
(454)
Hydroquinone;
(455)
Hydroxocobalamin — See exceptions;
(456)
Hydroxyamphetamine;
(457)
Hydroxychloroquine;
(458)
Hydroxyprogesterone;
(459)
Hydroxyurea;
(460)
Hydroxyzine;
(461)
Hyoscyamine;
(462)
Hyoscyamus alkaloids;
(463)
Hypophamine;
(463.03)
Ibandronate;
(464)
Ibuprofen — See exceptions;
(464.05)
Ibutilide;
(464.1)
Idarubicin;
(464.3)
Idoxuridine;
(464.5)
Idursulfase;
(464.6)
Ifosfamide;
(464.67)
Iloperidone;
(464.7)
Iloprost;
(464.8)
Imatinib;
(465)
Imiglucerase;
(465.1)
Imipenem/cilastatin;
(466)
Imipramine;
(466.5)
Imiquimod;
(467)
Immune hepatitis B globulin, Human;
(468)
Immune poliomyelitis globulin, Human;
(469)
Immune serum globulin, Human;
(469.05)
IncobotulinumtoxinA;
(469.1)
Indapamide;
(469.5)
Indecainide;
(470)
Indigotindisulfonate;
(470.05)
Indinavir;
(470.1)
Indium IN-III oxyquinolone;
(470.3)
Indium IN-III pentetreotide;
(471)
Indocyanine green;
(472)
Indomethacin;
(472.5)
Infliximab;
(473)
Influenza virus vaccines;
(474)
Injections, All substances for human use — See exceptions;
(474.2)
Insulin aspart;
(474.4)
Insulin glargine;
(474.45)
Insulin glulisine;
(474.5)
Interferon;
(475)
Intrinsic factor concentrate manufactured for human use;
(475.3)
Inulin;
(475.5)
Iobenguane;
(476)
Iocetamic acid;
(477)
Iodamide;
(478)
Iodinated I-125 serum albumin;
(479)
Iodinated I-131 serum albumin;
(480)
Iodinated glycerol-theophylline;
(481)
Iodine solution, Strong oral;
(482)
Iodipamide;
(482.5)
Iodixanol;
(483)
Iodized oil;
(484)
Iodobenzoic acid — See exceptions;
(485)
Iodobrassid;
(485.1)
Iodohippurate sodium;
(486)
Iodopyracet;
(487)
Iodothiouracil;
(487.05)
Iofetamine;
(487.08)
Iohexol;
(487.1)
Iopamidol;
(488)
Iopanoic acid — See exceptions;
(489)
Iophendylate;
(489.1)
Iopromide;
(489.2)
Iothalamate;
(489.3)
Iothiouracil;
(489.5)
Iotrolan;
(489.6)
Ioversol;
(490.1)
Ioxaglate;
(490.5)
Ioxilan;
(491)
Ipodate;
(491.5)
Ipratropium;
(491.6)
Irbesartan;
(491.7)
Irinotecan;
(492)
Iron cacodylate;
(493)
Iron dextran injection;
(494)
Iron peptonized;
(495)
Iron sorbitex;
(496)
Isocarboxazid;
(497)
Isoetharine;
(498)
Isoflurane;
(499)
Isoflurophate;
(500)
Isometheptene;
(501)
Isoniazid;
(502)
Isopropamide;
(503)
Isoproterenol;
(504)
Isosorbide dinitrate;
(504.05)
Isosorbide mononitrate;
(504.1)
Isosulfan blue;
(505)
Isothipendyl;
(505.5)
Isotretinoin;
(506)
Isoxsuprine;
(506.5)
Isradipine;
(506.7)
Itraconazole;
(506.8)
Ivermectin;
(506.9)
Ixabepilone;
(507)
Kanamycin;
(508)
Reserved;
(509)
Ketocholanic acids;
(509.1)
Ketoconazole — See exceptions;
(509.15)
Ketoprofen — See exceptions;
(509.17)
Ketorolac tromethamine;
(509.18)
Ketotifen — See exceptions;
(509.2)
Labetalol;
(509.7)
Lacosamide;
(510)
Lactated ringers solution;
(511)
Lactulose;
(511.3)
Lamivudine;
(511.5)
Lamotrigine;
(512)
Lanatoside C;
(512.3)
Lanreotide;
(512.5)
Lansoprazole - see exceptions;
(512.6)
Lanthanum;
(512.67)
Lapatinib;
(512.7)
Latanoprost;
(513)
Latrodectus mactans;
(513.5)
Leflunomide;
(513.7)
Lenalidomide;
(513.8)
Letrozole;
(514)
Leucovorin;
(514.1)
Leuprolide;
(514.5)
Levalbuterol;
(515)
Reserved;
(515.5)
Levamisole;
(516)
Levarterenol;
(516.05)
Levetiracetam;
(516.07)
Levobetaxolol;
(516.1)
Levobunolol;
(516.3)
Levobupivacine;
(516.5)
Levocabastine;
(516.7)
Levocarnitine;
(516.75)
Levocetirizine;
(517)
Levodopa;
(517.2)
Levofloxacin;
(517.25)
Levoleucovorin;
(517.3)
Levomethadyl;
(517.4)
Levonordefrin;
(518)
Levopropoxyphene;
(519)
Levothyroxine;
(520)
Lidocaine — See exceptions;
(521)
Lincomycin;
(522)
Lindane — See exceptions;
(522.5)
Linezolid;
(523)
Linolenic acid;
(524)
Liothyronine;
(525)
Liotrix;
(525.2)
Liraglutide;
(525.5)
Lisinopril;
(526)
Lithium carbonate — See exceptions;
(527)
Lithium citrate;
(528)
Liver extract;
(528.3)
Lodoxamide;
(528.5)
Lomefloxacin;
(529)
Lomustine;
(529.1)
Loperamide — See exceptions;
(529.5)
Lopinavir;
(529.7)
Loracarbef;
(529.9)
Loratadine — See exceptions;
(529.95)
Losartan;
(529.97)
Loteprednol;
(530)
Lovastatin;
(530.5)
Loxapine;
(530.7)
Lubiprostone;
(531)
Lugols solution;
(531.5)
Lumefantrine;
(531.7)
Lurasidone;
(532)
Lututrin;
(533)
Lymphogranuloma venereum antigen;
(534)
Lypressin synthetic;
(535)
Mafenide;
(536)
Magnesium gluconate — See exceptions;
(537)
Magnesium salicylate;
(538)
Mandelic acid — See exceptions;
(539)
Mannitol — See exceptions;
(540)
Mannitol hexanitrate;
(540.1)
Maprotiline;
(540.3)
Maraviroc;
(540.5)
Masoprocol;
(541)
Measles immune globulin, Human;
(542)
Measles virus vaccines;
(543)
Mebendazole for human use;
(544)
Mecamylamine;
(544.5)
Mecasermin;
(545)
Mechlorethamine;
(546)
Meclizine — See exceptions;
(546.5)
Meclocycline;
(547)
Meclofenamate;
(548)
Medroxyprogesterone;
(549)
Medrysone;
(550)
Mefenamic acid;
(550.5)
Mefloguine;
(551)
Megestrol;
(552)
Meglumine;
(552.5)
Meloxicam;
(553)
Melphalan;
(553.5)
Memantine;
(554)
Menadiol;
(555)
Menadione;
(556)
Meningococcal polysaccharide vaccine;
(557)
Menotropins;
(558)
Mepenzolate;
(559)
Mephenesin;
(560)
Mephentermine;
(561)
Mephenytoin;
(562)
Meprednisone;
(563)
Mepivacaine;
(563.5)
Mequinol;
(564)
Meralluride;
(565)
Mercaptomerin;
(566)
Mercaptopurine;
(567)
Mercury bichloride — See exceptions;
(567.1)
Meropenem;
(567.2)
Mersalyl;
(567.3)
Mesalamine;
(567.5)
Mesna;
(568)
Mesoridazine;
(569)
Mestranol;
(570)
Metaproterenol;
(571)
Metaraminol;
(572)
Metaxalone;
(572.5)
Metformin;
(573)
Methacholine;
(574)
Methacycline;
(575)
Methallenestril;
(576)
Reserved;
(577)
Reserved;
(578)
Methantheline;
(579)
Methazolamide;
(580)
Methdilazine;
(581)
Methenamine hippurate;
(582)
Methenamine mandelate;
(583)
Methenamine sulfosalicylate;
(584)
Methicillin;
(585)
Methimazole;
(586)
Methiodal;
(587)
Methionine;
(588)
Methixene;
(589)
Methocarbamol;
(590)
Methotrexate;
(591)
Methotrimeprazine;
(592)
Methoxamine;
(593)
Methoxsalen;
(594)
Methoxyflurane;
(595)
Methoxyphenamine;
(595.5)
Methoxy polyethylene glycol-epoetin beta;
(596)
Methscopolamine;
(597)
Methsuximide;
(598)
Methyclothiazide;
(599)
Methylandrostenediol;
(600)
Methylatropine;
(601)
Methyldopa;
(602)
Methyldopate;
(603)
Methylene blue, Oral;
(604)
Methylergonovine;
(604.5)
Methylnaltrexone;
(605)
Methylprednisolone;
(606)
Reserved;
(607)
Methysergide;
(608)
Metoclopramide;
(609)
Metocurine iodide injection;
(610)
Metolazone;
(611)
Metoprolol;
(612)
Metrizamide;
(612.5)
Metrizoate;
(613)
Metronidazole;
(614)
Metyrapone;
(615)
Metyrosine;
(615.01)
Mexiletine;
(615.1)
Mezlocillin;
(615.6)
Mibefradil;
(615.9)
Micafungin;
(616)
Miconazole — See exceptions;
(617)
Microfibrillar collagen hemostat;
(617.1)
Midodrine;
(617.22)
Midubosathol;
(617.3)
Mifepristone;
(617.4)
Miglitol;
(617.44)
Miglustat;
(617.47)
Milnacipran;
(617.5)
Milrinone;
(618)
Minocycline;
(619)
Minoxidil — See exceptions;
(619.3)
Mirtazapine;
(619.5)
Misoprostol;
(620)
Mithramycin;
(621)
Mitomycin;
(622)
Mitotane;
(622.3)
Mitoxantrone;
(622.5)
Mivacurium;
(622.7)
Moexipril;
(623)
Molindone;
(623.5)
Mometasone;
(624)
Monobenzone;
(624.1)
Monooctanoin;
(624.5)
Montelukast;
(624.7)
Moricizine;
(625)
Morrhuate;
(625.1)
Moxalactam;
(625.3)
Moxidectin;
(625.5)
Moxifloxacin;
(626)
Mumps virus vaccines;
(626.5)
Mupirocin;
(627)
Mushroom spores which, when mature, contain either psilocybin or
psilocin;
(627.5)
Mycophenolate;
(628)
N-acetyl-1-cysteine;
(629)
N. cattarhalis antigen;
(629.5)
Nabumetone;
(630)
Nadolol;
(630.5)
Nafarelin;
(631)
Nafcillin;
(631.5)
Naftifine;
(632)
Nalbuphine;
(633)
Reserved;
(634)
Nalidixic acid;
(634.5)
Nalmefene;
(635)
Naloxone;
(635.1)
Naltrexone;
(636)
Reserved;
(637)
Naphazoline — See exceptions;
(638)
Naproxen — See exceptions;
(638.3)
Naratriptan;
(638.4)
Natalizumab;
(638.45)
Nebivolol;
(638.5)
Nedocromil;
(638.7)
Nefazodone;
(638.75)
Nelarabine;
(638.8)
Nelfinavir;
(639)
Neomycin — See exceptions;
(640)
Neostigmine;
(640.1)
Nepafenac;
(640.2)
Nesiritide;
(640.3)
Netilmicin;
(640.4)
Nevirapine;
(640.5)
Niacinamide — See exceptions;
(640.7)
Nicardipine;
(640.8)
Niclosamide;
(641.1)
Nicotine resin complex (polacrilex) — See exceptions;
(641.15)
Nicotine transdermal system — See exceptions;
(642)
Nicotinyl alcohol;
(642.1)
Nifedipine;
(643)
Nifuroximine;
(644)
Nikethamide;
(644.3)
Nilotinib;
(644.4)
Nilutamide;
(644.5)
Nimodipine;
(644.7)
Nisoldipine;
(644.72)
Nitazoxanide;
(644.8)
Nitisinone;
(644.9)
Nitric oxide — for use in humans;
(645)
Nitrofurantoin;
(646)
Nitrofurazone;
(647)
Nitroglycerin;
(648)
Nitroprusside — See exceptions;
(648.3)
Nitrous oxide — See exceptions;
(648.6)
Nizatidine — See exceptions;
(649.1)
Nomifensine maleate;
(650)
Nonoxynol — See exceptions;
(651)
Norepinephrine;
(652)
Norethindrone;
(653)
Norethynodrel;
(653.5)
Norfloxacin;
(654)
Norgestrel;
(655)
Normal serum albumin, Human;
(656)
Nortriptyline;
(657)
Nositol;
(658)
Novobiocin;
(659)
Nux vomica;
(660)
Nylidrin;
(661)
Nystatin;
(661.5)
Octreotide acetate;
(661.6)
Ofatumumab;
(661.7)
Ofloxacin;
(661.8)
Olanzapine;
(662)
Old tuberculin;
(663)
Oleandomycin;
(663.1)
Olmesartan;
(663.2)
Olopatadine;
(663.3)
Olsalazine Sodium;
(663.4)
Omega-3-acid;
(663.5)
Omeprazole — See exceptions;
(663.7)
Ondansetron;
(663.75)
Orlistat — See exceptions;
(664)
Orphenadrine;
(665)
Orthoiodobenzoic acid;
(665.5)
Oseltamivir;
(665.7)
Ovine hyaluronidase;
(666)
Oxacillin;
(666.4)
Oxaliplatin;
(666.6)
Oxamniquine;
(667)
Oxaprozin;
(667.5)
Oxcarbazepine;
(668)
Oxethazaine;
(668.5)
Oxiconazole;
(669)
Oxolinic acid;
(669.1)
Oxprenolol;
(670)
Oxtriphylline;
(671)
Oxybutynin;
(672)
Oxygen for human use — See exceptions;
(673)
Reserved;
(674)
Oxyphenbutazone;
(675)
Oxyphencyclimine;
(676)
Oxyphenisatin;
(677)
Oxyphenonium;
(678)
Oxyquinoline;
(679)
Oxytetracycline;
(680)
Oxytocin;
(680.5)
Ozogamicin;
(681)
P-nitrosulfathiazole;
(681.3)
Paclitaxel;
(681.4)
Palifermin;
(681.45)
Paliperidone;
(681.5)
Palonosetron;
(681.7)
Pamidronate;
(682)
Pancreatin dornase;
(683)
Pancreatic enzyme;
(684)
Pancrelipase;
(685)
Pancuronium;
(685.5)
Panidronate;
(685.6)
Panitumumab;
(685.7)
Pantoprazole;
(686)
Papaverine;
(687)
Paramethadione;
(688)
Paramethasone;
(689)
Paranitrosulfathiazole;
(690)
Parathyroid injection;
(691)
Pargyline;
(691.5)
Paricalcitol;
(692)
Paromomycin;
(692.2)
Paroxetine;
(692.3)
Pazopanib;
(692.4)
Pegademase bovine;
(692.5)
Pegaspargase;
(692.51)
Pegfilgrastin;
(692.515)
Peginterferon;
(692.517)
Pegloticase;
(692.52)
Pegvisomant;
(692.54)
Pemetrexed;
(692.55)
Pemirolast;
(692.6)
Penbutolol;
(692.8)
Penciclovir;
(693)
Penicillamine;
(694)
Penicillin;
(695)
Penicillin G;
(696)
Penicillin O;
(697)
Penicillin V;
(698)
Penicillinase;
(699)
Pentaerythritol tetranitrate;
(700)
Pentagastrin;
(700.1)
Pentamidine isethionate;
(701)
Pentapiperide;
(701.5)
Pentetate calcium trisodium;
(701.7)
Pentetate zinc trisodium;
(702)
Penthienate;
(703)
Pentolinium;
(703.03)
Pentosan;
(703.05)
Pentostatin;
(703.1)
Pentoxifylline;
(703.4)
Pentylenetetrazol;
(703.45)
Perflexane;
(703.5)
Perflubron;
(703.6)
Perfluoroalkylpolyether;
(703.65)
Perflutren;
(703.7)
Pergolide;
(704)
Perindopril;
(704.1)
Permethrin — See exceptions;
(705)
Perphenazine;
(706)
Pertussis immune globulin, Human;
(707)
Phenacemide;
(708)
Phenaglycodol;
(709)
Phenaphthazine;
(710)
Phenazopyridine — See exceptions;
(711)
Phenelzine;
(712)
Phenethicillin;
(713)
Phenformin;
(714)
Phenindamine;
(715)
Phenindione;
(716)
Pheniramine — See exceptions;
(717)
Phenitramin;
(718)
Phenothiazine derivatives;
(719)
Phenoxybenzamine;
(720)
Phenoxymethyl penicillin;
(721)
Phenuprocoumon;
(722)
Phensuximide;
(723)
Phentolamine;
(724)
Phenylbutazone;
(725)
Phenylmercuric acetate;
(726)
Phenylmercuric nitrate;
(726.5)
Phenylpropanolamine;
(727)
Phenyltoloxamine dihydrogen citrate;
(727.2)
Phenytoin;
(728)
Phthalylsulfacetamide;
(729)
Phthalylsulfathiazole;
(730)
Physostigmine;
(731)
Phytonadione;
(731.1)
Pimozide;
(732)
Pilocarpine;
(732.3)
Pinacidil;
(732.7)
Pindolol;
(732.8)
Pioglitazone;
(732.9)
Pimecrolimus;
(733)
Pipazethate;
(733.5)
Pipecuronium;
(734)
Pipenzolate;
(735)
Piperacetazine;
(735.1)
Piperacillin;
(736)
Piperazine;
(737)
Piperidolate;
(738)
Piperocaine;
(739)
Pipobraman;
(740)
Pipradrol;
(740.05)
Pirbuterol;
(740.1)
Piroxicam;
(740.5)
Pitavastatin;
(741)
Plague vaccine;
(742)
Plasma protein fraction;
(742.3)
Plerixafor;
(742.5)
Plicamycin;
(743)
Pneumococcal polyvalent vaccine;
(743.3)
Podofilox;
(743.5)
Podophyllotoxin;
(744)
Poison ivy extract;
(745)
Poison ivy oak extract;
(746)
Poison ivy oak, sumac extract;
(747)
Poldine methylsulfate;
(747.4)
Polidocanol;
(748)
Poliomyelitis vaccine;
(749)
Poliovirus vaccine, Live, Oral, All;
(750)
Polyestradiol;
(751)
Polymyxin B — See exceptions;
(751.5)
Polytetrafluoroethylene;
(752)
Polythiazide;
(752.2)
Poractant alfa;
(752.5)
Porfimer;
(752.7)
Posaconazole;
(753)
Posterior pituitary;
(754)
Potassium acetate injection;
(755)
Potassium acid phosphate — See exceptions;
(756)
Potassium p-aminobenzoate — See exceptions;
(757)
Potassium aminosalicylate — See exceptions;
(758)
Potassium arsenite — See exceptions;
(759)
Potassium bicarbonate — See exceptions;
(760)
Potassium carbonate — See exceptions;
(761)
Potassium chloride — See exceptions;
(762)
Potassium citrate — See exceptions;
(763)
Potassium gluconate — See exceptions;
(764)
Potassium hetacillin;
(765)
Potassium iodide — See exceptions;
(766)
Reserved;
(767)
Potassium permanganate — See exceptions;
(768)
Povidone — Iodine — See exceptions;
(768.8)
Pralatrexate;
(769)
Pralidoxime;
(769.2)
Pramipexole;
(769.3)
Pramlintide;
(769.35)
Prasugrel;
(769.4)
Pravastatin;
(769.7)
Praziquantel;
(770)
Prazosin;
(770.5)
Prednicarbate;
(771)
Prednisolone;
(772)
Prednisone;
(773)
Prilocaine;
(774)
Primaquine;
(775)
Primidone;
(776)
Probenecid;
(777)
Probucol;
(778)
Procainamide;
(779)
Procaine;
(780)
Procaine penicillin;
(781)
Procaine penicillin G;
(782)
Procarbazine;
(783)
Prochlorperazine;
(784)
Procyclidine;
(785)
Progesterone;
(785.5)
Proguanil;
(786)
Promazine;
(787)
Promethazine;
(788)
Promethestrol;
(788.5)
Propafenone;
(789)
Propantheline;
(790)
Proparacaine;
(791)
Prophenpyridamine — See exceptions;
(792)
Propiolactone;
(793)
Propiomazine;
(794)
Propoxycaine;
(795)
Propranolol;
(795.5)
Propylhexedrine;
(796)
Propylparaben;
(797)
Propylthiouracil;
(798)
Protamine sulfate injection;
(799)
Protein hydrolysate injection;
(800)
Protein, Foreign injection;
(801)
Proteolytic enzyme;
(802)
Protirelin;
(803)
Protokylol;
(804)
Protoveratrine A and B;
(805)
Protriptyline;
(805.5)
Prussian blue;
(806)
Reserved;
(807)
Pseudomonas polysaccharide complex;
(808)
P-ureidobenzenearsonic acid;
(809)
Purified protein derivatives of tuberculin;
(810)
Pyrantel;
(811)
Pyrazinamide;
(812)
Pyrazolon;
(813)
Pyridostigmine;
(814)
Pyrimethamine;
(815)
Pyrrobutamine;
(816)
Pyrvinium;
(816.5)
Quetiapine;
(817)
Quinacrine;
(817.5)
Quinapril;
(818)
Quinestrol;
(819)
Quinethazone;
(820)
Quinidine;
(821)
Quinine hydrochloride;
(822)
Quinine and urea hydrochloride;
(822.3)
Quinupristin;
(822.5)
Rabeprazole;
(823)
Rabies anti-serum;
(824)
Rabies immune globulin, Human;
(825)
Rabies vaccine;
(826)
Radio-iodinated compounds;
(827)
Radio-iodine;
(828)
Radio-iron;
(829)
Radioisotopes;
(830)
Radiopaque media;
(831)
Ragweed pollen extract;
(831.02)
Raloxifene;
(831.03)
Raltegravir;
(831.04)
Ramelteon;
(831.05)
Ramipril;
(831.07)
Ranibizumab;
(831.1)
Ranitidine — See exceptions;
(831.3)
Ranolazine;
(831.5)
Rapacuronium;
(831.7)
Rasagiline;
(832)
Rauwolfia serpentina;
(832.2)
Reboparhamil;
(832.5)
Regadenoson;
(833)
Rescinnamine;
(834)
Reserpine;
(835)
Reserpine alkaloids;
(836)
Resorcinol monoacetate — See exceptions;
(836.3)
Retapamulin;
(836.5)
Retinoic acid, all-trans;
(837)
Rhus toxicodendron antigen;
(838)
Rh D immune globulin, Human;
(838.5)
Ribavirin;
(839)
Riboflavin — See exceptions;
(840)
Ricinoleic acid;
(840.5)
Rifabutin;
(841)
Reserved;
(842)
Rifampin;
(842.1)
Rifapentine;
(842.15)
Rifaximin;
(842.17)
Rilonacept;
(842.2)
Riluzole;
(842.4)
Rimantadine;
(842.7)
Rimexolone;
(843)
Ringer's injection;
(843.2)
Risedronate;
(843.3)
Risperidone;
(843.7)
Ritodrine;
(843.8)
Ritonavir;
(843.82)
Rituximab;
(843.83)
Rivastigmine;
(843.9)
Rizatritpan;
(844)
Rocky mountain spotted fever vaccine;
(844.5)
Rocuronium;
(844.7)
Rofecoxib;
(845)
Rolitetracycline;
(845.1)
Romidepsin;
(845.15)
Romiplostim;
(845.3)
Ropinirole;
(845.5)
Ropivacaine;
(845.7)
Rosiglitazone;
(845.8)
Rosuvastatin;
(845.9)
Rotavirus vaccine;
(845.95)
Rotigotine;
(846)
Rotoxamine;
(846.5)
RSVIGIV;
(847)
Rubella and mumps virus vaccine;
(848)
Rubella virus vaccine;
(848.5)
Rufinamide;
(849)
Rutin — See exceptions;
(849.5)
Sacrosidase;
(850)
Salicylazosulfapyridine;
(850.5)
Salmeterol;
(851)
Salmonella typhosa, Killed;
(851.02)
Salvinorin A;
(851.03)
Samarium SM 153 lexidronam;
(851.04)
Saneromazile;
(851.045)
Sapropterin;
(851.05)
Saquinavir;
(851.1)
Saralasin acetate;
(851.7)
Saxagliptin;
(852)
Scopolamine;
(852.1)
Secretin;
(852.6)
Selegiline;
(853)
Selenium sulfide — See exceptions;
(853.5)
Selenomethionine;
(854)
Senecio cineraria extract ophthalmic solution;
(855)
Senega fluid extract;
(855.3)
Seractide acetate;
(855.5)
Sermorelin Acetate;
(855.6)
Sertaconazole;
(855.7)
Sertraline;
(855.74)
Sevelamer;
(855.8)
Sevoflurane;
(855.85)
Sildenafil;
(855.9)
Silodosin;
(856)
Silver nitrate ophthalmic solutions or suspensions;
(857)
Silver sulfadiazine cream;
(857.3)
Simethicone coated cellulose suspension;
(857.5)
Simvastatin;
(858)
Sincalide;
(858.3)
Sinecatechins;
(858.5)
Sirolimus;
(858.7)
Sitagliptin;
(859)
Sitosterols;
(860)
Solutions for injections, All;
(861)
Smallpox vaccine;
(862)
Sodium acetate injection;
(863)
Sodium acetrizoate;
(864)
Sodium ascorbate injection;
(865)
Sodium biphosphate — See exceptions;
(866)
Sodium cacodylate;
(867)
Sodium chloride injection;
(868)
Sodium dehydrocholate;
(869)
Sodium dextrothyroxine;
(870)
Sodium estrone;
(871)
Sodium fluorescein — See exceptions;
(872)
Sodium fluoride — See exceptions;
(873)
Sodium iothalamate;
(873.5)
Sodium nitroprusside;
(873.7)
Sodium phenylbutyrate;
(874)
Sodium polystyrene sulfonate;
(875)
Sodium propionated vaginal cream;
(876)
Sodium sulfacetamide;
(877)
Sodium sulfadiazine;
(878)
Sodium sulfobromophthalein;
(879)
Sodium sulfoxone;
(880)
Sodium tetradecyl;
(880.5)
Sodium thiosulfate;
(881)
Sodium tyropanoate;
(881.05)
Solifenacin;
(881.1)
Somatrem;
(882)
Somatropin;
(882.5)
Sorafenib;
(883)
Sorbus extract;
(883.5)
Sotalol;
(883.8)
Sparfloxacin;
(884)
Sparteine;
(885)
Spectinomycin;
(886)
Spirapril;
(887)
Spironolactone;
(888)
Staphage lysate bacterial antigen;
(889)
Staphylococcus and streptococcus vaccine;
(890)
Staphylococcus toxoid;
(890.5)
Stavudine;
(891)
Stibophen;
(892)
Stinging insect antigens — Combined;
(893)
Stockes expectorant;
(894)
Stramonium;
(895)
Streptococcus antigen;
(896)
Streptokinase-streptodornase;
(897)
Streptomycin;
(898)
Strontium — See exceptions;
(899)
Strophanthin-G;
(900)
Strychnine — See exceptions;
(901)
Succimer;
(902)
Succinylchloline;
(903)
Succinylsulfathiazole;
(903.1)
Sucralfate;
(903.2)
Sulconazole;
(904)
Sulfabenzamide vaginal preparations;
(905)
Sulfacetamide;
(906)
Sulfachlorpyridazine;
(907)
Sulfacytine;
(908)
Sulfadiazine;
(909)
Sulfadimethoxine;
(909.1)
Sulfadoxine;
(910)
Sulfaethidole;
(911)
Sulfaguanidine;
(912)
Sulfamerazine;
(913)
Sulfameter;
(914)
Sulfamethazine;
(915)
Sulfamethizole;
(916)
Sulfamethoxazole;
(917)
Sulfamethoxypyridazine;
(918)
Sulfanilamide;
(919)
Sulfaphenazole;
(920)
Reserved;
(921)
Sulfapyridine;
(922)
Sulfasalazine;
(922.5)
Sulfathiazole;
(923)
Sulfinpyrazone;
(924)
Sulfisomidine;
(925)
Sulfisoxazole;
(926)
Sulfur thioglycerol;
(927)
Sulindac;
(927.5)
Sumatriptan;
(927.7)
Sunitinib;
(928)
Superinone;
(928.1)
Suprofen;
(929)
Sutilains;
(930)
Syrosingopine;
(930.5)
Tacrine;
(930.7)
Tacrolimus;
(930.9)
Tadalafil;
(931)
Tamoxifen;
(931.1)
Tamsulosin;
(931.3)
Tazarotene;
(931.35)
Tazobacam;
(931.5)
Technetium;
(931.55)
Tegaserod;
(931.555)
Telavancin;
(931.56)
Telbivudine;
(931.57)
Telithromycin;
(931.6)
Telmisartan;
(931.7)
Temafloxacin;
(931.75)
Temozolomide;
(931.77)
Temsirolimus;
(931.8)
Teniposide;
(931.85)
Terazosin;
(931.9)
Tenofovir;
(931.95)
Terbinafine — See exceptions;
(932)
Terbutaline;
(932.05)
Terconazole;
(932.1)
Terfenadine;
(932.3)
Teriparatide;
(933)
Terpin hydrate with codeine;
(934)
Reserved;
(935)
Tesamorelin;
(936)
Tetanus and diphtheria toxoids;
(937)
Tetanus antitoxin;
(938)
Tetanus immune globulin;
(939)
Tetanus toxoids;
(939.5)
Tetrabenazine;
(940)
Tetracaine;
(941)
Tetracycline;
(942)
Tetraethylammonium chloride;
(943)
Tetrahydrozoline — See exceptions;
(943.5)
Thalidomide;
(944)
Thallous chloride;
(945)
Theobromide;
(945.5)
Theobromine;
(946)
Theobromine magnesium oleate;
(947)
Theophylline — See exceptions;
(948)
Theophylline sodium glycinate;
(949)
Thiabendazole;
(950)
Thiamylal;
(951)
Thiethylperazine;
(952)
Thiopropazate;
(953)
Thioguanine;
(954)
Thioridazine;
(955)
Thiosalicylate;
(956)
Thiotepa;
(957)
Thiothixene;
(958)
Thiphenamil;
(959)
Thrombin;
(960)
Thyroglobulin;
(961)
Thyroid;
(962)
Thyrotropin;
(963)
Thyroxine;
(964)
Thyroxine fraction;
(964.5)
Tiagabine;
(965)
Ticarcillin;
(965.5)
Ticlopidine;
(966)
Ticrynafen;
(966.3)
Tigecycline;
(966.6)
Tiludronate;
(967)
Timolol;
(967.1)
Tinidazole;
(967.2)
Tinzaparin;
(967.3)
Tioconazole — See exceptions;
(967.5)
Tiopronin;
(967.55)
Tiotropium;
(967.57)
Tipranavir;
(967.6)
Tirofiban;
(967.7)
Tizanidine;
(968)
Tobramycin;
(968.1)
Tocainide;
(969)
Tocamphyl;
(969.6)
Tocilizumab;
(970)
Tolazamide;
(971)
Tolazoline;
(972)
Tolbutamide;
(972.5)
Tolcapone;
(973)
Tolmetin;
(973.05)
Tolterodine;
(973.07)
Tolvaptan;
(973.1)
Topiramate;
(973.3)
Topotecan;
(973.4)
Toremifene;
(973.5)
Torsemide;
(973.7)
Tramadol;
(973.8)
Trandolapril;
(973.9)
Tranexamic acid;
(974)
Tranylcypromine;
(974.4)
Travoprost;
(974.5)
Trazodone;
(974.7)
Treprostinil;
(975)
Tretinoin;
(976)
Triamcinolone;
(977)
Triamterene;
(978)
Trichlormethiazide;
(979)
Trichloroacetic acid — See exceptions;
(980)
Trichloroethylene — See exceptions;
(981)
Trichlobisonium;
(982)
Triclofos;
(983)
Tridihexethyl chloride;
(983.1)
Trientine;
(984)
Triethanolamine polypeptides;
(985)
Triethylenethiophosphoramide;
(986)
Trifluoperazine;
(987)
Triflupromazine;
(988)
Trifluridine;
(989)
Trihexyphenidyl;
(990)
Triiodothyronine;
(990.1)
Trilostane;
(991)
Trimeprazine;
(992)
Trimethadione;
(993)
Trimethaphan cansylate;
(994)
Trimethobenzamide;
(995)
Trimethoprim;
(995.5)
Trimetrexate;
(996)
Trimipramine;
(997)
Triolein;
(998)
Trioxsalen;
(999)
Tripelennamine — See exceptions;
(1000)
Triphenyltetrazolium;
(1001)
Triple sulfas;
(1002)
Triprolidine — See exceptions;
(1002.5)
Triptorelin;
(1003)
Trisulfapyrimidines;
(1003.5)
Troglitazone;
(1004)
Troleandomycin;
(1005)
Trolnitrate;
(1006)
Tromethamine;
(1007)
Tropicamide;
(1007.3)
Trospium;
(1007.5)
Trovafloxacin;
(1008)
Trypsin;
(1009)
Trypsin-chymotrypsin;
(1010)
Tuaminoheptane;
(1011)
Tuberculin, Purified protein derivatives;
(1012)
Tuberculin tine test;
(1013)
Tuberculin, Old;
(1014)
Tubocurarine;
(1015)
Tybamate;
(1016)
Typhoid and paratyphoid vaccine;
(1017)
Typhus vaccine;
(1018)
Tyropanoate;
(1018.5)
Ulipristal;
(1019)
Undecoylium;
(1019.5)
Unoprostone;
(1020)
Uracil;
(1021)
Urea — See exceptions;
(1021.3)
Urofollitropin;
(1021.5)
Ursodiol;
(1021.6)
Ustekinumab;
(1021.7)
Valacyclovir;
(1021.8)
Valdecoxib;
(1022)
Valethamate;
(1022.2)
Valganciclovir;
(1023)
Valproate;
(1024)
Valproic acid — See exceptions;
(1024.3)
Valrubicin;
(1024.5)
Valsartan;
(1025)
Vancomycin;
(1025.5)
Vardenafil;
(1025.7)
Varenicline;
(1026)
Vasopressin;
(1027)
VDRL antigen;
(1027.1)
Vecuronium bromide;
(1027.3)
Velaglucerase;
(1027.5)
Velnacrine;
(1027.6)
Venlafaxine;
(1027.7)
Verapamil;
(1028)
Veratrum viride;
(1029)
Versenate;
(1029.5)
Verteporfin;
(1030)
Vidarabine;
(1030.3)
Vigabatrin;
(1031)
Vinblastine;
(1032)
Vincristine;
(1032.5)
Vinorelbine;
(1033)
Vinyl ethyl — See exceptions;
(1034)
Viomycin;
(1035)
Vitamin K;
(1036)
Vitamin B12 injection;
(1037)
Vitamine with fluoride;
(1037.5)
Voriconazole;
(1037.7)
Vorinostat;
(1038)
Warfarin;
(1039)
Wargarin;
(1039.1)
Xylocaine;
(1040)
Yellow fever vaccine;
(1041)
Yohimbine;
(1042)
4-chloro-3, 5-xylenol — See exceptions;
(1042.01)
Zafirlukast;
(1042.02)
Zalcitabine;
(1042.03)
Zanamivir;
(1042.05)
Zidovudine;
(1042.4)
Zileuton;
(1042.7)
Zinc acetate — See exceptions;
(1042.75)
Ziprasidone;
(1042.8)
Zoledronic Acid;
(1042.9)
Zolmitriptan;
(1042.92)
Zonisamide;
(1043)
Devices that require a prescription:
(A)
Cellulose, Oxadized, Regenerated (surgical absorbable hemostat) — See
exceptions;
(B)
Diaphragms for vaginal use;
(C)
Hemodialysis solutions;
(D)
Hemodialysis kits;
(E)
Lippes loop intrauterine;
(F)
Saf-T-Coil intrauterine device;
(G)
Intrauterine devices, All;
(H)
Absorbable hemostat;
(I)
Gonorrhea test kit.
(c)
The following are exceptions to and exemptions from subsection (b) of this Code
section:
(1)
Atropine sulfate — where the oral dose is less than 1/200 gr. per
unit;
(2)
Bacitracin cream or ointment for topical use;
(3)
Belladonna or belladonna alkaloids when in combination with other drugs and the
dosage unit is less than 0.1 mg. of the alkaloids or its
equivalent;
(3.5)
Bentoquatam — when used with a strength of 5 percent or less in topical
preparations;
(4)
Beta carotene — all forms occurring in food products or
lotions;
(5)
Bromelain, pancreatic enzymes, trypsin and bile extract — when labeled
properly as digestive aids with appropriate dosage and in compliance with FDA
labeling and restrictions;
(6)
Brompheniramine — where a single dosage unit is 4 mg. or less but with no
more than 3 mg. of the dextrorotary optical isomer of racemic brompheniramine
per released dose;
(6.2)
Butenafine — when used with a strength of 1 percent or less as a topical
preparation;
(6.4)
Butoconazole — when used with a strength up to 2 percent in a vaginal
preparation;
(6.45)
Capsaicin — when in an external analgesic with concentration of 0.25
percent or less;
(6.5)
Cetirizine — when a single dosage unit is either 1mg per 1ml or less or
10mg or less;
(6.7)
Chlorhexadine — when used with a strength up to 4 percent in a topical
skin product;
(7)
Chlorpheniramine — where a single dosage unit is 12 mg. or
less;
(7.1)
Cimetidine — when a single dosage unit is 200 mg. or less;
(7.3)
Clemastine — where a single dose is 1.34 mg. or less;
(7.5)
Clotrimazole — when a single vaginal insert is 200 mg. or less or with a
strength up to 2 percent in a topical skin, topical vaginal, or vaginal
product;
(7.8)
Cromolyn — when used as cromolyn sodium in a nasal solution of 4 percent
or less in strength;
(7.9)
Dexbrompheniramine — when a single dosage unit is 6 mg. or
less;
(8)
Diphenhydramine — up to 12.5 mg. in each 5 cc's when used in cough
preparations and up to 50 mg. per single dose when used as a nighttime sleep aid
or used as an antihistamine and labeled in compliance with FDA
requirements;
(8.5)
Docosanol — when used in 10 percent topical preparation to treat fever
blisters, cold sores, or fever blisters and cold sores.
(9)
Doxylamine succinate — where a single dosage form is 25 mg. or less and
when labeled to be used as a nighttime sedative;
(9.3)
Edetate — when used in any form other than an oral or
parenteral;
(9.5)
Famotidine — when a single dosage unit is 20 mg. or less;
(9.6)
Fexofenadine – when packaged for distribution as an over-the-counter (OTC)
drug product;
(9.7)
Fluoride — when used with a strength up to 1,500 parts per million in an
oral care or dentifrice product;
(9.8)
Glycine — when used with a strength up to 1.5 percent in an irrigation
solution, when used in a topical skin product;
(10)
Hydrocortisone topical skin preparations up to 1.0 percent in
strength;
(11)
Hydroxocobalamin, riboflavin, niacinamide, ergocalciferol (maximum of 400 I.U.
per day), Folic acid (maximum of 0.4 mg. per day), and magnesium gluconate
— when as a source of vitamins and dietary supplement but must bear such
labels and adhere to such restrictions of FDA regulations;
(11.1)
Ibuprofen — where a single dose is 200 mg. or less;
(11.6)
Reserved;
(12)
Insulin — all injectable products which do not require a prescription drug
order and bear a label which indicates 'Rx Use Only' or are otherwise listed
under subsection (b) of this Code section; and no injectable insulin product may
be sold except by a pharmacy issued a permit by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation or by a
medical practitioner authorized to dispense medications;
(12.3)
Ketoconazole — when used with a strength of 1 percent or less in topical
preparations;
(12.5)
Ketoprofen — when a single dosage unit is 12.5 mg. or less;
(12.7)
Ketotifen – when used with a strength of 0.025 percent or less in an
ophthalmic solution;
(12.9)
Lansoprazole – when a single dosage unit is 15 mg. or less;
(13)
Lidocaine topical ointment, 25 mg./gm. or less;
(13.5)
Loperamide — where a single dose is either 1 mg. per 5 ml. or 2 mg. per
dosage unit;
(13.7)
Loratadine — when used in a single dose of 10 mg. or less, including doses
used in combination with other drugs provided for under this
subsection;
(14)
Meclizine — 25 mg. or less;
(14.1)
Miconazole — when used as antifungal powder or cream, or both, and
containing not more than 4 percent of miconazole, or when used as a vaginal
insert and containing not more than 1,200 mg. of miconazole;
(14.2)
Minoxidil — when used with a strength of 5 percent or less in topical
preparations;
(14.3)
Naphazoline — when used in an ophthalmic solution in a concentration of
0.027 percent or less in combination with a pheniramine concentration of 0.315
percent or less;
(14.5)
Naproxen — where a single dosage unit is 220 mg. or less;
(15)
Neomycin sulfate ointment or cream for topical use;
(15.5)
Nicotine resin complex (polacrilex) — when used as oral chewing gum where
a single dose (piece of gum) is 4 mg. or less;
(15.55)
Nicotine transdermal system — when used in a strength of 21 mg. or less
per transdermal patch (transdermal delivery system);
(16)
Nitrous oxide — air products suppliers shall not sell medical grade
nitrous oxide to other than licensed practitioners or medical suppliers;
industrial grade nitrous oxide shall only be sold when mixed with not less than
100 parts per million of sulfur dioxide and used as a fuel additive for
combustion engines or when used in industrial laboratory equipment;
(16.3)
Nizatidine — when a single dosage unit is 75 mg. or less;
(16.8)
Nonoxynol — when used with a strength up to 12.5 percent or 1 gram per
dose in a vaginal product;
(16.9)
Omeprazole — when a single dosage unit is 20.6 mg. or less;
(16.95)
Orlistat — when a single dosage unit is 60 mg. or less;
(17)
Oxygen — compressed oxygen which is not labeled 'CAUTION: Federal law
prohibits dispensing without prescription' or similar wording;
(17.3)
Permethrin — when used as a topical preparation in a strength of 1 percent
or less;
(17.5)
Phenazopyridine — where a single dose is 100 mg. or less, as approved by
the federal Food and Drug Administration;
(18)
Pheniramine — when the oral dose is 25 mg. or less, or when used in an
ophthalmic solution in a concentration of 0.315 percent or less in combination
with a naphazoline concentration of 0.027 percent or less;
(19)
Polymyxin B when in combination with other drugs in an ointment or cream for
topical use;
(20)
Any potassium electrolyte when manufactured for use as a dietary supplement,
food additive for industrial, scientific, or commercial use, or when added to
other drug products when the product is not intended as a potassium supplement
but must bear such labels and adhere to such restrictions of FDA
regulations;
(21)
Povidone — Iodine solutions and suspensions;
(22)
Reserved;
(23)
Reserved;
(23.5)
Ranitidine — when a single dosage unit is 150 mg. or less;
(24)
Rutin — where the dosage unit is less than 60 mg.;
(25)
Selenium sulfide suspension 1 percent or less in strength;
(25.1)
Strychnine — when used in combination with other active ingredients in a
rodent killer, and when not bearing a label containing the words 'CAUTION:
Federal law prohibits dispensing without prescription' or other similar
wording;
(25.5)
Terbinafine — when used with a strength of 1 percent or less in a topical
antifungal cream;
(26)
Tetrahydrozaline for ophthalmic or topical use;
(27)
Theophylline preparations alone or in combination with other drugs prepared for
and approved for OTC (over the counter) sale by FDA; example — tedral
tablets (plain) or oral suspension;
(27.5)
Tioconazole — when used with a strength of 1 percent or less in topical
preparations or when used with a strength of 6.5 percent or less in vaginal
preparations;
(28)
Tripelennamine cream or ointment for topical use;
(28.5)
Triprolidine — when a single dose is 5 mg. or less when combined in the
same preparation as one or more other drug products for use as an antihistamine
or decongestant or an antihistamine and decongestant;
(29)
Urea — except when the manufacturer's label contains the wording 'CAUTION:
Federal law prohibits dispensing without prescription' or similar
wording;
(29.5)
Zinc acetate — when used in topical preparations;
(30)
Any drug approved by FDA for animal use and the package does not bear the
statement 'CAUTION: Federal law prohibits dispensing without prescription' or
similar wording; or
(31)
Loperamide Oral Liquid (1.00 mg/5.00 ml).
(d)
The following list of compounds or preparations may be purchased without a
prescription, provided the products are manufactured for industrial, scientific,
or commercial sale or use, unless they are intended for human use or contain on
the label 'CAUTION: Federal law prohibits dispensing without prescription' or
similar wording:
(1)
Aminosalicylate;
(2)
Aminosalicylate calcium;
(3)
Aminosalicylate potassium;
(4)
Aminosalicylate sodium;
(5)
Aminosalicylic acid;
(6)
Barium;
(7)
Beta-carotene;
(8)
Bismuth sodium tartrate;
(9)
Cadmium sulfide;
(10)
Calcium disodium edetate;
(11)
Cellulose, Oxadized, Regenerated;
(12)
Chlorabutanol;
(13)
Chloranil;
(14)
Chloroacetic acid;
(15)
Chloroform;
(16)
Colchicine;
(17)
Dapsone;
(18)
Dimethyl sulfoxide;
(19)
Disodium edetate;
(20)
Edetate disodium;
(21)
Ether;
(22)
Ethoxazene;
(23)
Ethyl chloride;
(24)
Fluoride;
(25)
Formaldehyde;
(26)
Gold thiosulfate;
(27)
Hexachlorophene;
(28)
Iodobenzoic acid;
(29)
Iopanoic acid;
(30)
Lindane;
(31)
Lithium carbonate;
(32)
Mandelic acid;
(33)
Mannitol;
(34)
Mercury bichloride;
(35)
Nitroprusside;
(36)
Potassium aminosalicylate;
(37)
Potassium p-aminobenzoate;
(37.5)
Potassium perchlorate;
(38)
Potassium permanganate;
(39)
Resorcinol monoacetate;
(40)
Selenium sulfide;
(41)
Sodium biphosphate;
(42)
Sodium fluorescein;
(43)
Sodium fluoride;
(44)
Strontium;
(45)
Trichloroacetic acid;
(46)
Trichloroethylene;
(47)
Valproic acid;
(48)
Vinyl ether;
(49)
4-chloro-3, 5-xylenol.
(e)
The State
Board of Pharmacy
Georgia Board
of Licensing and Regulation may delete
drugs from the dangerous drug list set forth in this Code section. In making
such deletions the board shall consider, with respect to each drug, the
following factors:
(1)
The actual or relative potential for abuse;
(2)
The scientific evidence of its pharmacological effect, if known;
(3)
The state of current scientific knowledge regarding the drug;
(4)
The history and current pattern of abuse, if any;
(5)
The scope, duration, and significance of abuse;
(6)
Reserved;
(7)
The potential of the drug to produce psychic or physiological dependence
liability; and
(8)
Whether such drug is included under the Federal Food, Drug, and Cosmetic Act, 52
Stat. 1040 (1938), 21 U.S.C. Section 301, et seq., as amended.
16-13-72.
Except
as provided for in this article, it shall be unlawful for any person, firm,
corporation, or association to sell, give away, barter, exchange, distribute, or
possess in this state any dangerous drug, except under the following
conditions:
(1)
A drug manufacturer, wholesaler, distributor, or supplier holding a license or
registration issued in accordance with the Federal Food, Drug, and Cosmetic Act
and authorizing the holder to possess dangerous drugs may possess dangerous
drugs within this state but may not distribute, sell, exchange, give away, or by
any other means supply dangerous drugs without a permit issued by the
State Board
of Pharmacy
director.
Any drug manufacturer, wholesaler, distributor, or supplier holding a permit
issued by the
State Board
of Pharmacy
director
may sell, give away, exchange, or distribute dangerous drugs within this state,
but only to a pharmacy, pharmacist, a practitioner of the healing arts, and
educational institutions licensed by the state, or to a drug wholesaler,
distributor, or supplier, and only if such distribution is made in the normal
course of employment;
(2)
A pharmacy may possess dangerous drugs, but the same shall not be sold, given
away, bartered, exchanged, or distributed except by a licensed pharmacist in
accordance with this article;
(3)
A pharmacist may possess dangerous drugs but may sell, give away, barter,
exchange, or distribute the same only when he compounds or dispenses the same
upon the prescription of a practitioner of the healing arts. No such
prescription shall be refilled except upon the authorization of the practitioner
who prescribed it;
(4)
A practitioner of the healing arts may possess dangerous drugs and may sell,
give away, barter, exchange, or distribute the same in accordance with Code
Section 16-13-74;
(4.1)
A physician in conformity with Code Section 43-34-23 may delegate to a nurse or
a physician assistant the authority to possess vaccines and such other drugs as
specified by the physician for adverse reactions to those vaccines, and a nurse
or physician assistant may possess such drugs pursuant to that delegation;
provided, however, that nothing in this paragraph shall be construed to restrict
any authority of nurses or physician assistants existing under other provisions
of law;
(4.2)
A registered professional nurse licensed under Article 1 of Chapter 26 of Title
43 who is employed or engaged by a licensed home health agency may possess
sterile saline, sterile water, and diluted heparin for use as intravenous
maintenance for use in a home health setting, and such nurse may administer such
items to patients of the home health agency upon the order of a licensed
physician. The
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation shall be
authorized to adopt regulations governing the storage, quantity, use, and
administration of such items; provided, however, nothing in this paragraph or in
such regulations shall be construed to restrict any authority of nurses existing
under other provisions of law;
(4.3)
Possession, planting, cultivation, growing, or harvesting of Salvia divinorum or
Salvia divinorum A strictly for aesthetic, landscaping, or decorative
purposes;
(5)
A manufacturer's sales representative may distribute a dangerous drug as a
complimentary sample only upon the written request of a practitioner. The
request must be made for each distribution and shall contain the names and
addresses of the supplier and the requestor and the name and quantity of the
specific dangerous drug requested. The written request shall be preserved by the
manufacturer for a period of two years; and
(6)
Such person, firm, corporation, or association shall keep a complete and
accurate record of all dangerous drugs received, purchased, manufactured, sold,
dispensed, or otherwise disposed of and shall maintain such records for at least
two years or in conformance with any other state or federal law or rule issued
by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation.
16-13-72.1.
(a)
A permit issued by the
State Board
of Pharmacy
director
under paragraph (1) of Code Section 16-13-72 may be suspended or revoked by the
State Board
of Pharmacy
director
upon a finding that the drug manufacturer, wholesaler, distributor, or
supplier:
(1)
Has furnished false or fraudulent material information in any application filed
under this article;
(2)
Has been convicted of a felony under any state or federal law relating to any
controlled substance or has been convicted of a felony or misdemeanor under any
state or federal law relating to any dangerous drug;
(3)
Has violated any provision of this article or the rules and regulations
promulgated under this article; or
(4)
Has failed to maintain sufficient controls against diversion of dangerous drugs
into other than legitimate medical, scientific, or industrial
channels.
(b)
The State
Board of Pharmacy
director
may limit revocation or suspension of a permit to the particular dangerous drug
with respect to which grounds for revocation or suspension exist.
(c)
Instead of suspending or revoking a permit as authorized by subsection (a) or
(b) of this Code section, the
State Board
of Pharmacy
director
may impose a fine in an amount not to exceed $1,500.00.
(d)
If the
State Board
of Pharmacy
director
suspends or revokes a permit, all dangerous drugs owned or possessed by the
permittee at the time of suspension or the effective date of the revocation
order shall be placed under seal. No disposition may be made of drugs under seal
until the time for taking an appeal has elapsed or until all appeals have been
concluded unless a court, upon application therefor, orders the sale of
perishable drugs and the deposit of the proceeds of the sale with the court.
Upon a revocation order becoming final, all dangerous drugs shall be forfeited
to the state.
16-13-73.
(a)
Whenever a pharmacist dispenses a dangerous drug, he shall, in each case, place
upon the container the following information:
(1)
Name of the patient;
(2)
Name of the physician prescribing the drug;
(3)
The expiration date, if any, of the drug;
(4)
Name and address of the pharmacy from which the drug was dispensed;
and
(5)
The date of the prescription.
(b)
Any pharmacist who dispenses a dangerous drug and fails to place the label
required by subsection (a) of this Code section upon the container of such drug
shall be guilty of a misdemeanor.
16-13-74.
(a)
All written prescription drug orders for dangerous drugs shall be dated as of,
and be signed on, the date when issued and shall bear the name and address of
the patient, together with the name and strength of the drug, the quantity to be
dispensed, complete directions for administration, the printed name, address,
and telephone number of the practitioner, and the number of permitted refills. A
prescription drug order for a dangerous drug is not required to bear the DEA
permit number of the prescribing practitioner. A prescription drug order for a
dangerous drug may be prepared by the practitioner or the practitioner's agent.
The practitioner's signature must appear on each prescription prepared by the
practitioner or the practitioner's agent and the nature of the practitioner's
signature must meet the guidelines set forth in Chapter 4 of Title 26, the
regulations promulgated by the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation, or both such
guidelines and regulations. Any practitioner who shall dispense dangerous drugs
shall comply with the provisions of Code Section 16-13-73.
(b)
Any practitioner of the healing arts who fails to comply with subsection (a) of
this Code section shall be guilty of a misdemeanor.
16-13-75.
(a)
Possession and control of controlled substances or dangerous drugs by anyone
other than the individuals specified in Code Section 16-13-35 or 16-13-72 shall
be legal only if such drugs are in the original container in which they were
dispensed by the pharmacist or the practitioner of the healing arts and are
labeled according to Code Section 26-3-8.
(b)
The possession, filling, and use of canisters for remote automated medication
systems pursuant to subsection (i) of Code Section 16-13-41 shall not be
considered a violation of this Code section.
16-13-76.
No
person shall obtain or attempt to obtain any dangerous drug by use of a
fictitious name or by the giving of a false address.
16-13-77.
Nothing
in this article shall be construed to prohibit the administration of dangerous
drugs by or under the direction of a practitioner of the healing
arts.
16-13-78.
(a)
No person shall obtain or attempt to obtain any dangerous drug or attempt to
procure the administration of any such drug by:
(1)
Fraud, deceit, misrepresentation, or subterfuge;
(2)
The forgery or alteration of any prescription or of any written
order;
(3)
The concealment of a material fact; or
(4)
The use of a false name or the giving of a false address.
(b)
Any person violating subsection (a) of this Code section shall be guilty of a
misdemeanor.
(c)
Nothing in this Code section shall apply to drug manufacturers or their agents
or employees when such manufacturers or their agents or employees are authorized
to engage in and are actually engaged in investigative activities directed
toward the safeguarding of the manufacturer's trademark.
16-13-78.1.
(a)
No person shall prescribe or order the dispensing of a dangerous drug, except a
registered practitioner who is:
(1)
Licensed or otherwise authorized by this state to prescribe dangerous
drugs;
(2)
Acting in the usual course of his professional practice; and
(3)
Prescribing or ordering such dangerous drug for a legitimate medical
purpose.
(b)
Any person violating subsection (a) of this Code section shall be guilty of a
misdemeanor.
16-13-78.2.
Except
as authorized by this article, it is unlawful for any person to possess, have
under his control, manufacture, deliver, distribute, dispense, administer, sell,
or possess with intent to distribute a counterfeit substance. Any person who
violates this Code section shall be guilty of a misdemeanor.
16-13-79.
(a)
Except as provided in subsections (b), (c), and (d) of this Code section, any
person who violates this article shall be guilty of a misdemeanor.
(b)
Any person who distributes or possesses with the intent to distribute nitrous
oxide for any use other than for a medical treatment prescribed by the order of
a licensed medical practitioner, except as provided for by paragraph (16) of
subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon
conviction thereof shall be punished by imprisonment for not less than one year
nor more than three years or by a fine not to exceed $5,000.00 or
both.
(c)
Any person who distributes or possesses with the intent to distribute to any
person under 18 years of age nitrous oxide for any use other than for a medical
treatment prescribed by the order of a licensed medical practitioner, except as
provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall
be guilty of a felony and upon conviction thereof shall be punished for not less
than two years nor more than six years or by a fine not to exceed $10,000.00 or
both.
(d)
This article shall not apply to any person who possesses, distributes, sells, or
uses nitrous oxide for food preparation in a restaurant, for food service, or in
household products."
SECTION
2-9.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
by revising Code Section 20-3-250.26, relating to no limitation by part on
professional licensing board's authority, as follows:
"20-3-250.26.
Nothing
in this part shall be construed to limit
a
professional licensing board's
the
authority of
the Georgia Board of Licensing and
Regulation,
as granted by Title
43,
to regulate and govern the curriculum, course requirements, instructor
qualifications, and other educational activities of nonpublic postsecondary
educational institutions."
SECTION
2-10.
Said
title is further amended by revising Code Section 20-5-45, relating to directors
of library systems and duties and responsibilities, as follows:
"20-5-45.
Every
public library system shall have a director. Any person appointed as director of
a public library system must hold at least a Grade 5(b) Librarian's Professional
Graduate Certificate, as defined by the State Board
for the
Certification of Librarians
of Licensing
and Regulation; provided, however, that
any person who was serving as acting director of a public library system as of
July 1, 1984, shall be authorized to continue to serve as director. The director
shall be appointed by the board of trustees and shall be the administrative head
of the library system under the direction and review of the board. The director
of a library system shall have duties and responsibilities which include but are
not limited to the following:
(1)
To recommend for employment or termination other staff members, as necessary, in
compliance with applicable laws and the availability of funds and to employ or
terminate other staff members if so authorized by the library
board;
(2)
To attend all meetings called by the Office of Public Library Services of the
Board of Regents of the University System of Georgia or send a substitute
authorized by the office director;
(3)
To prepare any local, state, or federal annual budgets;
(4)
To notify the board of trustees and the Office of Public Library Services of the
Board of Regents of the University System of Georgia of any failure to comply
with:
(A)
Policies of the board;
(B)
Criteria for state aid;
(C)
State and federal rules and regulations; and
(D)
All applicable local, state, or federal laws;
(5)
To administer the total library program, including all affiliated libraries, in
accordance with policies adopted by the system board of trustees;
and
(6)
To attend all meetings of the system board of trustees and affiliated boards of
trustees or to designate a person to attend in his or her
place."
SECTION
2-11.
Said
title is further amended by revising Code Section 20-5-56, relating to
requirement of certification of librarians, as follows:
"20-5-56.
All
persons holding professional positions with the title of librarian must be
certified by the
State Board
for the Certification of Librarians
director of
professional licensing pursuant to Chapter 1 of Title
43."
SECTION
2-12.
Title
25 of the Official Code of Georgia Annotated, relating to fire protection and
safety, is amended by revising Code Section 25-2-14, relating to buildings
presenting special hazards to persons or property, as follows:
"25-2-14.
(a)(1)
Plans and specifications for all proposed buildings which come under
classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and
which come under the jurisdiction of the office of the Commissioner pursuant to
Code Section 25-2-12 shall be submitted to and receive approval by either the
state fire marshal, the proper local fire marshal, or state inspector before any
state, municipal, or county building permit may be issued or construction
started. All such plans and specifications submitted as required by this
subsection shall be accompanied by a fee in the amount provided in Code Section
25-2-4.1 and shall bear the seal and Georgia registration number of the drafting
architect or engineer or shall otherwise have the approval of the
Commissioner.
(2)(A)
If the state fire marshal, the proper local fire marshal, state inspector, or
designated code official cannot provide plan review within 30 business days of
receiving a written application for permitting in accordance with the code
official's plan submittal process, then, in lieu of plan review by personnel
employed by such governing authority, any person, firm, or corporation engaged
in a construction project which requires plan review, regardless if the plan
review is required by subsection (a) of this Code section or by local county or
municipal ordinance, shall have the option of retaining, at its own expense, a
private professional provider to provide the required plan review. As used in
this paragraph, the term 'private professional provider' means a professional
engineer who holds a certificate of registration issued under Chapter 15 of
Title 43 or a professional architect who holds a certificate of registration
issued under Chapter 4 of Title 43, who is not an employee of or otherwise
affiliated with or financially interested in the person, firm, or corporation
engaged in the construction project to be reviewed.
(B)
The state fire marshal, the proper local fire marshal, state inspector, or
designated code official shall advise the permit applicant at the time the
complete submittal application for a permit in accordance with the code
official's plan submittal process is received that the state fire marshal, the
proper local fire marshal, state inspector, or designated code official intends
to complete the required plan review within the time prescribed by this
paragraph or that the applicant may immediately secure the services of a private
professional provider to complete the required plan review pursuant to this
subsection. The plan submittal process shall include those procedures and
approvals required by the local jurisdiction before plan review can take place.
If the state fire marshal, the proper local fire marshal, state inspector, or
designated code official states its intent to complete the required plan review
within the time prescribed by this paragraph, the applicant shall not be
authorized to use the services of a private professional provider as provided in
this subsection. The permit applicant and the state fire marshal, the proper
local fire marshal, state inspector, or designated code official may agree by
mutual consent to extend the time period prescribed by this paragraph for plan
review if the characteristics of the project warrant such an extension.
However, if the state fire marshal, the proper local fire marshal, state
inspector, or designated code official states its intent to complete the
required plan review within the time prescribed by this paragraph, or any
extension thereof mutually agreed to by the applicant and the state fire
marshal, the proper local fire marshal, state inspector, or designated code
official and does not permit the applicant to use the services of a private
professional provider and the state fire marshal, the proper local fire marshal,
state inspector, or designated code official fails to complete such plan review
in the time prescribed by this paragraph, or any extension thereof mutually
agreed to by the applicant and the state fire marshal, the proper local fire
marshal, state inspector, or designated code official, the state fire marshal,
the proper local fire marshal, state inspector, or designated code official
shall issue the applicant a project initiation permit to allow the applicant to
begin work on the project, provided that portion of the initial phase of work is
compliant with applicable codes, laws, and rules. If a full permit is not
issued for the portion requested for permitting, then the state fire marshal,
the proper local fire marshal, state inspector, or designated code official
shall have an additional 20 business days to complete the review and issue the
full permit. If the plans submitted for permitting are denied for any
deficiency, the time frames and process for resubmittal shall be governed by
divisions (2)(H)(iii) through (2)(H)(v) of this subsection.
(C)
Any plan review or inspection conducted by a private professional provider shall
be no less extensive than plan reviews or inspections conducted by state,
county, or municipal personnel responsible for review of plans for compliance
with the state's minimum fire safety standards and, where applicable, the
state's minimum accessibility standards.
(D)
The person, firm, or corporation retaining a private professional provider to
conduct a plan review shall be required to pay to the state fire marshal, the
proper local fire marshal, state inspector, or designated code official which
requires the plan review the same regulatory fees and charges which would have
been required had the plan review been conducted by the state fire marshal, the
proper local fire marshal, state inspector, or designated code
official.
(E)
A private professional provider performing plan reviews under this subsection
shall review construction plans to determine compliance with the state's minimum
fire safety standards in effect which were adopted pursuant to this chapter and,
where applicable, the state's minimum accessibility standards adopted pursuant
to Chapter 3 of Title 30. Upon determining that the plans reviewed comply with
the applicable codes and standards as adopted, such private professional
provider shall prepare an affidavit or affidavits on a form prescribed by the
Safety Fire Commissioner certifying under oath that the following is true and
correct to the best of such private professional provider's knowledge and belief
and in accordance with the applicable professional standard of
care:
(i)
The plans were reviewed by the affiant who is duly authorized to perform plan
review pursuant to this subsection and who holds the appropriate license or
certifications and insurance coverage and insurance coverage stipulated in this
subsection; and
(ii)
The plans comply with the state's minimum fire safety standards in effect which
were adopted pursuant to this chapter and, where applicable, the state's minimum
accessibility standards adopted pursuant to Chapter 3 of Title 30.
(F)
All private professional providers providing plan review services pursuant to
this subsection shall secure and maintain insurance coverage for professional
liability (errors and omissions) insurance. The limits of such insurance shall
be not less than $1 million per claim and $1 million in aggregate coverage.
Such insurance may be a practice policy or project-specific coverage. If the
insurance is a practice policy, it shall contain prior acts coverage for the
private professional provider. If the insurance is project-specific, it shall
continue in effect for two years following the issuance of the certificate of
final completion for the project. The state fire marshal, the proper local fire
marshal, state inspector, or designated code official may establish, for private
professional providers working within their respective jurisdictions specified
by this chapter, a system of registration listing the private professional
providers within their areas of competency and verifying compliance with the
insurance requirements of this subsection.
(G)
The private professional provider shall be empowered to perform any plan review
required by the state fire marshal, the proper local fire marshal, state
inspector, or designated code official, regardless if the plan review is
required by this subsection or by local county or municipal ordinance, provided
that the plan review is within the scope of such private professional
provider's area of expertise and competency. This subsection shall not apply to
hospitals, ambulatory health care centers, nursing homes, jails, penal
institutions, airports, buildings or structures that impact national or state
homeland security, or any building defined as a high-rise building in the State
Minimum Standards Code, provided that interior tenant build-out projects within
high-rise buildings are not exempt from this subsection, or plans related to
Code Section 25-2-16 or 25-2-17 or Chapter 8, 9, or 10 of this
title.
(H)(i)
The permit applicant shall submit a copy of the private professional provider's
plan review report to the state fire marshal, the proper local fire marshal,
state inspector, or designated code official. Such plan review report shall
include at a minimum all of the following:
(I)
The affidavit of the private professional provider required pursuant to this
subsection;
(II)
The applicable fees required for permitting;
(III)
Other documents deemed necessary due to unusual construction or design, smoke
removal systems where applicable with engineering analysis, and additional
documentation required where performance based code options are used;
and
(IV)
Any documents required by the state fire marshal, the proper local fire marshal,
state inspector, or designated code official to determine that the permit
applicant has secured all other governmental approvals required by
law.
(ii)
No more than 30 business days after receipt of a permit application and the
private professional provider's plan review report required pursuant to this
subsection, the state fire marshal, the proper local fire marshal, state
inspector, or designated code official shall issue the requested permit or
provide written notice to the permit applicant identifying the specific plan
features that do not comply with the applicable codes or standards, as well as
the specific reference to the relevant requirements. If the state fire marshal,
the proper local fire marshal, state inspector, or designated code official does
not provide a written notice of the plan deficiencies within the prescribed 30
day period, the permit application shall be deemed approved as a matter of law
and the permit shall be issued by the state fire marshal, the proper local fire
marshal, state inspector, or designated code official on the next business
day.
(iii)
If the state fire marshal, the proper local fire marshal, state inspector, or
designated code official provides a written notice of plan deficiencies to the
permit applicant within the prescribed 30 day period, the 30 day period shall be
tolled pending resolution of the matter. To resolve the plan deficiencies, the
permit applicant may elect to dispute the deficiencies pursuant to this chapter,
the promulgated rules and regulations adopted thereunder, or, where appropriate
for existing buildings, the local governing authority's appeals process or the
permit applicant may submit revisions to correct the deficiencies.
(iv)
If the permit applicant submits revisions, the state fire marshal, the proper
local fire marshal, state inspector, or designated code official shall have the
remainder of the tolled 30 day period plus an additional five business days to
issue the requested permit or to provide a second written notice to the permit
applicant stating which of the previously identified plan features remain in
noncompliance with the applicable codes or standards, with specific reference to
the relevant requirements. If the state fire marshal, the proper local fire
marshal, state inspector, or designated code official does not provide the
second written notice within the prescribed time period, the permit shall be
issued by the state fire marshal, the proper local fire marshal, state
inspector, or designated code official on the next business day.
(v)
If the state fire marshal, the proper local fire marshal, state inspector, or
designated code official provides a second written notice of plan deficiencies
to the permit applicant within the prescribed time period, the permit applicant
may elect to dispute the deficiencies pursuant to this chapter, the rules and
regulations promulgated thereunder, or, where applicable for existing buildings,
the local governing authority's appeals process or the permit applicant may
submit additional revisions to correct the deficiencies. For all revisions
submitted after the first revision, the state fire marshal, the proper local
fire marshal, state inspector, or designated code official shall have an
additional five business days to issue the requested permit or to provide a
written notice to the permit applicant stating which of the previously
identified plan features remain in noncompliance with the applicable codes or
standards, with specific reference to the relevant requirements.
(I)
The state fire marshal may provide for the prequalification of private
professional providers who may perform plan reviews pursuant to this subsection
by rule or regulation authorized in Code Section 25-2-4. In addition, any local
fire marshal, state inspector, or designated code official may provide for the
prequalification of private professional providers who may perform plan reviews
pursuant to this subsection; however, no additional local ordinance implementing
prequalification shall become effective until notice of the proper local fire
marshal, state inspector, or designated code official's intent to require
prequalification and the specific requirements for prequalification have been
advertised in the newspaper in which the sheriff's advertisements for that
locality are published. The ordinance implementing prequalification shall
provide for evaluation of the qualifications of a private professional provider
only on the basis of the private professional provider's expertise with respect
to the objectives of this subsection, as demonstrated by the private
professional provider's experience, education, and training. Such ordinance may
require a private professional provider to hold additional certifications,
provided that such certifications are required by ordinance or state law for
plan review personnel currently directly employed by such local governing
authority.
(J)
Nothing in this subsection shall be construed to limit any public or private
right of action designed to provide protection, rights, or remedies for
consumers.
(K)
If the state fire marshal, the proper local fire marshal, state inspector, or
designated code official determines that the building construction or plans do
not comply with the applicable codes or standards, the state fire marshal, the
proper local fire marshal, state inspector, or designated code official may deny
the permit or request for a certificate of occupancy or certificate of
completion, as appropriate, or may issue a stop-work order for the project or
any portion thereof as provided by law or rule or regulation, after giving
notice and opportunity to remedy the violation, if the state fire marshal, the
proper local fire marshal, state inspector, or designated code official
determines that noncompliance exists with state laws, adopted codes or
standards, or local ordinances, provided that:
(i)
The state fire marshal, the proper local fire marshal, state inspector, or
designated code official shall be available to meet with the private
professional provider within two business days to resolve any dispute after
issuing a stop-work order or providing notice to the applicant denying a permit
or request for a certificate of occupancy or certificate of completion;
and
(ii)
If the state fire marshal, the proper local fire marshal, state inspector, or
designated code official and the private professional provider are unable to
resolve the dispute, the matter shall be referred to the local enforcement
agency's board of appeals, except as provided in Code Section 25-2-12 and
appeals for those proposed buildings classified under paragraph (1) of
subsection (b) of Code Section 25-2-13 or any existing building under the
specific jurisdiction of the state fire marshal's office shall be made to the
state fire marshal and further appeal shall be under Code Section
25-2-10.
(L)
The state fire marshal, the proper local fire marshal, state inspector, local
government, designated code official enforcement personnel, or agents of the
governing authority shall be immune from liability to any person or party for
any action or inaction by an owner of a building or by a private professional
provider or its duly authorized representative in connection with building plan
review services by private professional providers as provided in this
subsection.
(M)
Except as provided in this paragraph, no proper local fire marshal, state
inspector, or designated code official shall adopt or enforce any rules,
procedures, policies, or standards more stringent than those prescribed in this
subsection related to private professional provider services.
(N)
Nothing in this subsection shall limit the authority of the state fire marshal,
the proper local fire marshal, state inspector, or designated code official to
issue a stop-work order for a building project or any portion of such project,
as provided by law or rule or regulation authorized pursuant to Code Section
25-2-4, after giving notice and opportunity to remedy the violation, if the
official determines that a condition on the building site constitutes an
immediate threat to public safety and welfare.
(O)
When performing building code plan reviews related to determining compliance
with the Georgia State Minimum Standard Codes most recently adopted by the
Department of Community Affairs, the state's minimum fire safety standards
adopted by the safety fire marshal, or the state's minimum accessibility
standards pursuant to Chapter 3 of Title 30, a private professional provider is
subject to the disciplinary guidelines of the
applicable
professional licensing board with jurisdiction over such private professional
provider's license or certification under Chapters 4 and 15
of
Geogia Board
of Licencing and Regulation pursuant to
Title 43, as applicable. Any complaint processing, investigation, and
discipline that arise out of a private professional provider's performance of
the adopted building, fire safety, or accessibility codes or standards plan
review services shall be conducted by the
applicable
professional licensing board
director of
professional licensing pursuant to Chapter 1 of Title
43 or as allowed by state rule or
regulation. Notwithstanding any disciplinary rules of the
applicable
professional licensing board with jurisdiction over such private professional
provider's license or certification under Chapters 4 and 15
of
Georgia Board
of Licensing and Regulation pursuant to Chapter 1
of Title 43, the state fire marshal, the
proper local fire marshal, state inspector, or designated code official
enforcement personnel may decline to accept building plan reviews submitted by
any private professional provider who has submitted multiple reports which
required revisions due to negligence, noncompliance, or
deficiencies.
(b)
A complete set of approved plans and specifications shall be maintained on the
construction site, and construction shall proceed in compliance with the minimum
fire safety standards under which such plans and specifications were approved.
The owner of any such building or structure or his authorized representative
shall notify the state fire marshal, the proper local fire marshal, or state
inspector upon completion of approximately 80 percent of the construction
thereof and shall apply for a certificate of occupancy when construction of such
building or structure is completed.
(c)
Every building or structure which comes under classification in paragraph (1) of
subsection (b) of Code Section 25-2-13 and which comes under the jurisdiction of
the office of the Commissioner pursuant to Code Section 25-2-12 shall have a
certificate of occupancy issued by the state fire marshal, the proper local fire
marshal, or the state inspector before such building or structure may be
occupied. Such certificates of occupancy shall be issued for each business
establishment within the building, shall carry a charge in the amount provided
in Code Section 25-2-4.1, shall state the occupant load for such business
establishment or building, shall be posted in a prominent location within such
business establishment or building, and shall run for the life of the building,
except as provided in subsection (d) of this Code section.
(d)
For purposes of this chapter, any existing building or structure listed in
paragraph (1) of subsection (b) of Code Section 25-2-13 and which comes under
the jurisdiction of the office of the Commissioner pursuant to Code Section
25-2-12 shall be deemed to be a proposed building in the event such building or
structure is subject to substantial renovation, a fire or other hazard of
serious consequence, or a change in the classification of occupancy. For
purposes of this subsection, the term 'substantial renovation' means any
construction project involving exits or internal features of such building or
structure costing more than the building's or structure's assessed value
according to county tax records at the time of such renovation.
(e)
In cases where the governing authority of a municipality which is enforcing the
fire safety standards pursuant to subsection (a) of Code Section 25-2-12
contracts with the office of the Commissioner for the enforcement of fire safety
standards, the office of the Commissioner shall not charge such municipality
fees in excess of those charged in this Code section."
SECTION
2-13.
Said
title is further amended by revising subsection (f) of Code Section 25-4-3,
relating to Georgia Firefighter Standards and Training Council, establishment
and organization, advisory committee, and expenses and allowances, as
follows:
"(f)
Each member of the council and each member of an advisory committee of the
council, in carrying out their official duties, shall be entitled to receive the
same expense and mileage allowance authorized for members of professional
licensing
policy
boards by subsection (f) of Code Section 43-1-2. The funds for such expenses and
allowances shall be paid from funds appropriated or available to the Department
of Public Safety."
SECTION
2-14.
Part
4 of Article 1 of Chapter 2 of Title 29 of the Official Code of Georgia
Annotated, relating to standby guardians, is amended by revising Code Section
29-2-9, relating to definitions, as follows:
"29-2-9.
As
used in this part, the term:
(1)
'Designating individual' means a parent or guardian who appoints a standby
guardian. A designating individual may only be:
(A)
A parent of a minor, provided that he or she has physical custody of the minor
and his or her parental rights have not terminated; and provided, further, that
the other parent of the minor is deceased, has had his or her parental rights
terminated, cannot be found after a diligent search has been made, or has
consented to the designation of and service by the standby guardian;
or
(B)
A guardian of the minor who is duly appointed and serving pursuant to court
order.
(2)
'Health care professional' means a person licensed to practice medicine under
Chapter 34 of Title 43 or a person licensed as a registered professional nurse
under Chapter 26 of Title 43 and authorized by the Georgia Board of
Nursing
Licensing and
Regulation to practice as a nurse
practitioner.
(3)
'Health determination' means the dated, written determination by a health care
professional that a designating individual is unable to care for a minor due to
the designating individual's physical or mental condition or health including a
condition created by medical treatment.
(4)
'Standby guardian' means an adult who is named by a designating individual to
serve as standby guardian of the minor."
SECTION
2-15.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended by
revising subsection (d) of Code Section 31-2-3, relating to Board of Community
Health reconstituted, powers, functions, and duties, terms of board members,
vacancies, removal, chairperson, and expenses, as follows:
"(d)
Members of the board may be removed from office under the same conditions for
removal from office of members of professional licensing
policy
boards provided in Code Section 43-1-17."
SECTION
2-16.
Said
title is further amended by revising subsection (d) of Code Section 31-2A-1,
relating to Creation of Board of Public Health, powers, duties, and functions
of Board of Community Health transferred to the Board of Public Health, board
composition and terms, vacancies, removal, chairperson, and reimbursement of
expenses, as follows:
"(d)
Members of the board may be removed from office under the same conditions for
removal from office of members of professional licensing
policy
boards provided in Code Section 43-1-17."
SECTION
2-17.
Said
title is further amended by revising subsection (d) of Code Section 31-2A-11,
relating to standards for sewage management systems, as follows:
"(d)
This Code section does not restrict the work of a plumber licensed by the
State
Construction Industry Licensing Board
director of
licensing pursuant to Chapter 1 of Title
43 to access any on-site sewage management
system for the purpose of servicing or repairing any plumbing system or
connection to the on-site sewage management system."
SECTION
2-18.
Said
title is further amended by revising Code Section 31-7-162, relating to training
and experience requirements, as follows:
"31-7-162.
A
health service provider psychologist shall meet the following criteria of
training and experience:
(1)
The psychologist must be currently licensed by the
State Board
of Examiners of Psychologists
director of
professional licensing pursuant to Chapter 1 of Title
43;
(2)
The psychologist must be eligible to be listed in the National Register of
Health Service Providers of Psychology or have completed not less than two
years, with 1,500 hours each year, of supervised experience in health service of
which at least one year is post doctoral and one year, which may be the post
doctoral year, is in an organized health service training program;
(3)
A substantial portion of the supervised experience must be in an inpatient
setting; and
(4)
Two supportive letters of recommendation from health service providers in
psychology who are familiar with the applicant's work must be submitted to the
medical facility or institution."
SECTION
2-19.
Said
title is further amended by revising Code Section 31-7-165, relating to report
of denial of staff privileges, as follows:
"31-7-165.
When
any health service provider psychologist is denied staff privileges or is
removed from the medical or professional staff, such action shall be reported by
the facility to the
State Board
of Examiners of Psychologists
director of
professional licensing pursuant to Chapter 1 of Title
43."
SECTION
2-20.
Said
title is further amended by revising Code Section 31-8-192, relating
definitions, as follows:
"31-8-192.
As
used in this article, the term:
(1)
'Contract' means an agreement executed in compliance with this article between a
health care provider and a governmental contractor. This contract shall allow
the health care provider to deliver health care services to low-income
recipients as an agent of the governmental contractor. The contract must be for
volunteer, uncompensated services. Payments made to a health care provider from
the Indigent Care Trust Fund shall not constitute compensation under this
article.
(2)
'Department' means the Department of Public Health.
(3)
'Disciplinary action' means any action taken by
a licensing
board
the director
of professional licensing pursuant to Chapter 1 of Title 43 or the Georgia
Composite Medical Board, as applicable, to
reprimand a medical practitioner included as a health care provider pursuant to
paragraph (5) of this Code section for inappropriate or impermissible
behavior.
(4)
'Governmental contractor' means the department or its designee or
designees.
(5)
'Health care provider' or 'provider' means:
(A)
An ambulatory surgical center licensed under Article 1 of Chapter 7 of this
title;
(B)
A hospital or nursing home licensed under Article 1 of Chapter 7 of this
title;
(C)
A physician or physician assistant licensed under Article 2 of Chapter 34 of
Title 43;
(D)
An osteopathic physician or osteopathic physician assistant licensed under
Article 2 of Chapter 34 of Title 43;
(E)
A chiropractic physician licensed under Chapter 9 of Title 43;
(F)
A podiatric physician licensed under Chapter 35 of Title 43;
(F.1)
A physical therapist licensed under Chapter 33 of Title 43;
(G)
A registered nurse, nurse midwife, licensed practical nurse, or advanced
registered nurse practitioner licensed or registered under Chapter 26 of Title
43 or any facility which employs nurses licensed or registered under Chapter 26
of Title 43 to supply all or part of the care delivered under this
article;
(H)
A midwife certified under Chapter 26 of this title;
(I)
A speech-language pathologist or audiologist licensed under Chapter 44 of Title
43;
(J)
An optometrist certified under Chapter 30 of Title 43;
(K)
A professional counselor, social worker, or marriage and family therapist
licensed under Chapter 10A of Title 43;
(L)
An occupational therapist licensed under Chapter 28 of Title 43;
(M)
A psychologist licensed under Chapter 39 of Title 43;
(N)
A dietitian licensed under Chapter 11A of Title 43;
(O)
A pharmacist licensed under Chapter 4 of Title 26;
(P)
A health maintenance organization certificated under Chapter 21 of Title
33;
(Q)
A professional association, professional corporation, limited liability company,
limited liability partnership, or other entity which provides or has members
which provide health care services;
(R)
A safety net clinic, which includes any other medical facility the primary
purpose of which is to deliver human dental or medical diagnostic services or
which delivers nonsurgical human medical treatment and which may include an
office maintained by a provider;
(S)
A dentist or dental hygienist licensed under Chapter 11 of Title 43;
or
(T)
Any other health care professional, practitioner, provider, or facility under
contract with a governmental contractor, including a student enrolled in an
accredited program that prepares the student for licensure as any one of the
professionals listed in subparagraphs (C) through (O) of this
paragraph.
The
term includes any nonprofit corporation qualified as exempt from federal income
taxation under Section 501(c) of the Internal Revenue Code which delivers health
care services provided by licensed professionals listed in this paragraph, any
federally funded community health center, and any volunteer corporation or
volunteer health care provider that delivers health care services.
(6)
'Low-income' means:
(A)
A person who is Medicaid eligible under the laws of this state;
(B)
A person:
(i)
Who is without health insurance; or
(ii)
Who has health insurance that does not cover the injury, illness, or condition
for which treatment is sought; and
whose
family income does not exceed 200 percent of the federal poverty level as
defined annually by the federal Office of Management and Budget;
(C)
A person:
(i)
Who is without dental insurance; or
(ii)
Who has dental insurance that does not cover the injury, illness, or condition
for which treatment is sought; and
whose
family income does not exceed 200 percent of the federal poverty level as
defined annually by the federal Office of Management and Budget; or
(D)
Any client or beneficiary of the department, the Department of Human Services,
or the Department of Behavioral Health and Developmental Disabilities who
voluntarily chooses to participate in a program offered or approved by the
department, the Department of Human Services, or the Department of Behavioral
Health and Developmental Disabilities and meets the program eligibility
guidelines of the department, the Department of Human Services, or the
Department of Behavioral Health and Developmental Disabilities whose family
income does not exceed 200 percent of the federal poverty level as defined
annually by the federal Office of Management and Budget.
(7)
'Occasional-service volunteer' means a volunteer who provides one-time or
occasional volunteer service.
(8)
'Regular-service volunteer' means a volunteer engaged in specific voluntary
service activities on an ongoing or continuous basis.
(9)
'Restriction' means any limitation imposed by
a licensing
board
the director
of professional licensing pursuant to Chapter 1 of Title 43 or the Georgia
Composite Medical Board, as applicable on
a medical practitioner included as a health care provider pursuant to paragraph
(5) of this Code section.
(10)
'Sanction' means any penalty imposed by
a licensing
board
the director
of professional licensing pursuant to Chapter 1 of Title 43, the Georgia
Composite Medical Board, or other
regulatory entity on a medical practitioner included as a health care provider
pursuant to paragraph (5) of this Code section.
(11)
'Volunteer' means any person who, of his or her own free will, and in support of
or in assistance to the program of health care services provided pursuant to
this article to any governmental contractor, provides goods or clerical
services, computer services, or administrative support services, with or without
monetary or material compensation. This term shall not include a health care
provider."
SECTION
2-21.
Said
title is further amended by revising Code Section 31-8-193, relating to
establishment of program and contracts with health care providers, as
follows:
"31-8-193.
(a)
The department is authorized and directed to establish a program pursuant to
this article to provide for health care services to low-income recipients. The
department shall enter into contracts to effectuate the purposes of this
article. The department shall make reasonable efforts to promote the program to
ensure awareness and participation by low-income recipients. It is the intent
of the General Assembly that this program be established as soon as is
practicable after July 1, 2005, and that the program be implemented state wide
at the earliest possible date, subject to available funding.
(b)
A health care provider that executes a contract with a governmental contractor
to deliver health care services on or after July 1, 2005, as an agent of the
governmental contractor shall be considered a state officer or employee for
purposes of Article 2 of Chapter 21 of Title 50, while acting within the scope
of duties pursuant to the contract, if the contract complies with the
requirements of this article and regardless of whether the individual treated is
later found to be ineligible. A health care provider acting under the terms of
a contract with a governmental contractor may not be named as a defendant in any
action arising out of the medical care or treatment provided on or after July 1,
2005, pursuant to contracts entered into under this article. The contract must
provide that:
(1)
The right of dismissal or termination of any health care provider delivering
services pursuant to the contract is retained by the governmental
contractor;
(2)
The governmental contractor has access to the patient records of patients
provided services pursuant to this article of any health care provider
delivering services pursuant to the contract;
(3)
Adverse incidents and information on treatment outcomes, as defined by the
department and in accordance with the rules and regulations of the Department of
Public Health, must be reported by any health care provider to the governmental
contractor if such incidents and information pertain to a patient treated
pursuant to the contract. If an incident involves a licensed professional or a
licensed facility, the governmental contractor shall submit such incident
reports to the appropriate department, agency, or board, which shall review each
incident and determine whether it involves conduct by the licensee that is
subject to disciplinary action. All patient medical records and any identifying
information contained in adverse incident reports and treatment outcomes which
are obtained by governmental entities pursuant to this paragraph are
confidential and exempt from the provisions of Article 4 of Chapter 18 of Title
50;
(4)
The health care provider shall provide services to patients on a walk-in and
referral basis, in accordance with the terms of the contract. The provider must
accept all referred patients; provided, however, that the number of patients
that must be accepted may be limited under the terms of the
contract;
(5)
The health care provider shall not provide services to a patient unless such
patient has received and signed the notice required in Code Section 31-8-194;
provided, however, in cases of emergency care, the patient's legal
representative shall be required to receive and sign the notice, or if such
individual is unavailable, such patient shall receive and sign the notice within
48 hours after the patient has the mental capacity to consent to
treatment;
(6)
Patient care and health care services shall be provided in accordance with the
terms of the contract and with rules and regulations as established by the
department pursuant to this article. Experimental procedures and clinically
unproven procedures shall not be provided or performed pursuant to this article.
The governmental contractor may reserve the right to approve through written
protocols any specialty care services and hospitalization, except emergency care
as provided for in paragraph (5) of this subsection; and
(7)
The provider is subject to supervision and regular inspection by the
governmental contractor.
(c)
In order to enter into a contract under this Code section, a health care
provider shall:
(1)
Have a current valid Georgia health professional license;
(2)
Not be under probation or suspension by the
applicable
licensing board
the director
of professional licensing pursuant to Chapter 1 of Title 43 or the Georgia
Composite Medical Board, as applicable, or
subject to other restrictions, sanctions, or disciplinary actions imposed by
the
applicable licensing board
the director
of professional licensing pursuant to Chapter 1 of Title 43 or the Georgia
Composite Medical Board, as applicable.
The department, in its discretion, shall determine if a past restriction,
sanction, or disciplinary action imposed by
the
applicable licensing board
the director
of professional licensing pursuant to Chapter 1 of Title 43 or the Georgia
Composite Medical Board, as applicable, is
of such a grave and offensive nature with respect to patient safety concerns as
to warrant refusal to enter into a contract with such health care provider
pursuant to this subsection;
(3)
Not be subject to intermediate sanction by the Centers for Medicare and Medicaid
Services for medicare or Medicaid violations or be subject to sanctions with
regard to other federally funded health care programs; and
(4)
Submit to a credentialing process to determine acceptability of
participation.
(d)
The provider shall not subcontract for the provision of services under this
chapter.
(e)
A contract entered into pursuant to this Code section shall be effective for all
services provided by the health care provider pursuant to this chapter, without
regard to when the services are performed."
SECTION
2-22.
Said
title is further amended by revising Code Section 31-21-5, relating to
incineration or cremation of dead body or parts thereof, as
follows:
"31-21-5.
(a)
It shall be unlawful for any person to incinerate or cremate a dead body or
parts thereof; provided, however, that the provisions of this subsection shall
not apply to a crematory licensed by the
State Board
of Funeral Service
director of
professional licensing pursuant to Chapter
18
1
of Title 43 or to a hospital, clinic, laboratory, or other facility authorized
by the Department of Community Health and in a manner approved by the
commissioner of community health.
(b)
A person who violates the provisions of subsection (a) of this Code section
shall be guilty of a misdemeanor."
SECTION
2-23.
Code
Section 33-24-27 of the Official Code of Georgia Annotated, relating to
provision for reimbursement for services within the lawful scope of practice of
psychologists or chiropractors, is amended by revising paragraph (1) of
subsection (a) as follows:
"(1)
Duly licensed as a psychologist under Chapter 39 of Title 43, which provides for
the licensure of psychologists, and has a doctoral degree from an accredited
educational institution and a year of supervised experience in a setting
approved by the
State Board
of Examiners of Psychologists
Georgia Board
of Licensing and
Regulation;"
SECTION
2-24.
Code
Section 34-9-420 of the Official Code of Georgia Annotated, relating to
confidentiality of information, is amended by revising subsection (b) as
follows:
"(b)
Employers, laboratories, medical review officers, employee assistance programs,
drug or alcohol rehabilitation programs, and their agents who receive or have
access to information concerning test results shall keep all information
confidential. Release of such information under any other circumstance shall be
solely pursuant to a written consent form signed voluntarily by the person
tested, unless such release is compelled by an agency of the state or a court of
competent jurisdiction or unless deemed appropriate by
the director
of professional licensing pursuant to Chapter 1 of Title 43 or
by a professional or occupational
licensing board in a related disciplinary proceeding. The consent form must
contain at a minimum:
(1)
The name of the person who is authorized to obtain the information;
(2)
The purpose of the disclosure;
(3)
The precise information to be disclosed;
(4)
The duration of the consent; and
(5)
The signature of the person authorizing release of the
information."
SECTION
2-25.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended in Code Section 36-7-2, relating to election, commissioning,
qualification, and removal of county surveyor and qualifications, by revising
subsection (b) as follows:
"(b)(1)
Every person holding the post of county surveyor must be a qualified surveyor,
licensed by the
State Board
of Registration for Professional Engineers and Land
Surveyors
director of
professional licensing pursuant to Chapter 1of Title
43, and such person must have successfully
passed the examination given by the
board
director of
professional licensing pursuant to Chapter 1 of title
43 as a prerequisite to the granting of a
license as a land surveyor; provided, however, that any person holding the
position of county surveyor on March 7, 1966, whether elected or appointed,
shall not be required to meet the qualifications enumerated in this subsection
so long as such person remains in the position of county surveyor, whether
reappointed or reelected to this position.
(2)
Paragraph (1) of this subsection shall not apply to:
(A)
Any county having a population of less than 17,000 inhabitants according to the
United States decennial census of 1960 or any future such census;
or
(B)
Any person who was holding the position of county surveyor in such a county on
January 1, 1977, and who has acted continuously as county surveyor since that
date, for as long as such person remains in the position of county surveyor,
notwithstanding the fact that the population of the county has grown to exceed
17,000."
SECTION
2-26.
Said
title is further amended by revising subsection (a) of Code Section 36-7-13,
relating to persons who may perform duties of office when there is no county
surveyor, oath, and liability, as follows:
"(a)
When there is no county surveyor, any person who is a citizen of this state and
who holds a current and valid certificate of registration as a land surveyor
issued by the
State Board
of Registration for Professional Engineers and Land
Surveyors
director of
professional licensing pursuant to Chapter 1 of Title
43 may perform the duties of county
surveyor, when specifically required or appointed to do so, if first sworn to do
the same faithfully and impartially, to the best of his
or
her skill and
knowledge."
SECTION
2-27.
Title
37 of the Official Code of Georgia Annotated, relating to mental health, is
amended by revising subsection (d) of Code Section 37-1-3, relating to the Board
of Behavioral Health and Developmental Disabilities, members, and removal, as
follows:
"(d)
Members of the board may be removed from office under the same conditions for
removal from office of members of professional licensing
policy
boards provided in Code Section 43-1-17."
SECTION
2-28.
Said
title is further amended by revising subsection (h) of Code Section 37-2-36,
relating to investigations, as follows:
"(h)
The ombudsman shall report for investigative purposes any and all:
(1)
Suspected criminal activity to the appropriate law enforcement
agency;
(2)
Suspected abuse, neglect, exploitation, or abandonment of a consumer by any
person to the appropriate federal or state regulatory authority;
and
(3)
Suspected violations of any professional code of conduct to
the
appropriate licensing board
director of
professional licensing pursuant to Chapter 1 of Title 43 or the Georgia
Composite Medical Board, as
appropriate."
SECTION
2-29.
Said
title is further amended by revising subsection (c) of Code Section 37-2-45,
relating to medical review group to review the deaths of consumers, as
follows:
"(c)
The medical review group:
(1)
Shall be a review organization and shall conduct reviews of deaths of consumers
in state hospitals and state operated community residential services as peer
reviews pursuant to Article 6 of Chapter 7 of Title 31;
(2)
Shall review, within 60 days of notice of the death, all deaths of
consumers:
(A)
Occurring on site of a state hospital or state operated community residential
services providing services under this title;
(B)
In the company of staff of a state hospital or state operated community
residential services providing services under this title; or
(C)
Occurring within two weeks following the consumer's discharge from a state
hospital or state operated community residential services;
(3)
Shall have access to all clinical records of the consumer, all investigations
conducted by the department, state hospitals, or state operated community
residential services regarding the death, and all reviews of the death,
including peer reviews;
(4)
May interview staff of the state hospitals and state operated community
residential services, and other persons involved in the events immediately
preceding and involving the death;
(5)
Shall determine whether the death was the result of natural causes or may have
resulted from other than natural causes;
(6)
Shall determine whether the death requires further investigation or
review;
(7)
May make confidential recommendations to the ombudsman, the department, the
division, the state hospitals, and state operated community residential services
regarding consumer treatment and care, policies, and procedures, which may
assist in the prevention of deaths; and
(8)
Shall report to the appropriate law enforcement agency any suspected criminal
activity or suspected abuse and shall report any suspected violation of any
professional code of conduct to the
director of
professional licensing pursuant to chapter 1 of Title 43 or to such
other
appropriate
licensing board
as is
appropriate."
SECTION
2-30.
Said
title is further amended by revising subsection (d) of Code Section 37-3-41,
relating to emergency admission based on physician's certification or court
order, report by apprehending officer, entry of treatment order into patient's
clinical record, and authority of other personnel to act under statute, as
follows:
"(d)
Any psychologist, clinical social worker, or clinical nurse specialist in
psychiatric/mental health may perform any act specified by this Code section to
be performed by a physician. Any reference in any part of this chapter to a
physician acting under this Code section shall be deemed to refer equally to a
psychologist , a clinical social worker, or a clinical nurse specialist in
psychiatric/mental health acting under this Code section. For purposes of this
subsection, the term 'psychologist' means any person authorized under the laws
of this state to practice as a licensed psychologist, the term 'clinical social
worker' means any person authorized under the laws of this state to practice as
a licensed clinical social worker, and the term 'clinical nurse specialist in
psychiatric/mental health' means any person authorized under the laws of this
state to practice as a registered professional nurse and who is recognized by
the Georgia
Board of Nursing
director of
professional licensing provided for in Chapter 1 of Title
43 to be engaged in advanced nursing
practice as a clinical nurse specialist in psychiatric/mental
health."
SECTION
2-31.
Said
title is further amended by revising Code Section 37-7-3, relating to
coordination of state drug and alcohol abuse programs, as follows:
"37-7-3.
All
programs conducted by state agencies with respect to drug and alcohol abuse,
except the regulation of the sale or dispensation of drugs and related products
by the
Board of
Pharmacy
Georgia Board
of Licensing and Regulation pursuant to
Georgia laws and the investigation of criminal conduct pertaining to illegal
drugs transferred to the Department of Public Safety shall be coordinated by the
Department of Behavioral Health and Developmental Disabilities; provided,
however, that any other state agency is not precluded or prohibited from
conducting an educational program relating to drug or alcohol
abuse."
SECTION
2-32.
Said
title is further amended by revising subsection (d) of Code Section 37-7-41,
relating to emergency involuntary treatment, who may certify need, delivery for
examination, and report of delivery required, as follows:
"(d)
Any psychologist, clinical social worker, or clinical nurse specialist in
psychiatric/mental health may perform any act specified by this Code section to
be performed by a physician. Any reference in any part of this chapter to a
physician acting under this Code section shall be deemed to refer equally to a
psychologist, a clinical social worker, or a clinical nurse specialist in
psychiatric/mental health acting under this Code section. For purposes of this
subsection, the term 'psychologist' means any person authorized under the laws
of this state to practice as a licensed psychologist, the term 'clinical social
worker' means any person authorized under the laws of this state to practice as
a licensed clinical social worker, and the term 'clinical nurse specialist in
psychiatric/mental health' means any person authorized under the laws of this
state to practice as a registered professional nurse and who is recognized by
the Georgia
Board of Nursing
director of
professional licensing provided for in Chapter 1 of Title
43 to be engaged in advanced nursing
practice as a clinical nurse specialist in psychiatric/mental
health."
SECTION
2-33.
Title
45 of the Official Code of Georgia Annotated, relating to public officers and
employees, is amended by revising subsection (b) of Code Section 45-9-1,
relating to general provisions and disclosure of insurance or indemnification in
legal action, as follows:
"(a)
In addition to any other compensation which may be paid to an officer, official,
or employee of any agency, board, bureau, commission, department, or authority
of the executive, judicial, or legislative branch of government of this state,
each such agency, board, bureau, commission, department, or authority is
authorized, in its discretion, to purchase policies of liability insurance or
contracts of indemnity or to formulate sound programs of self-insurance
utilizing funds available to such agency, board, bureau, commission, department,
or authority, insuring or indemnifying such officers, officials, or employees to
the extent that they are not immune from liability against personal liability
for damages arising out of the performance of their duties or in any way
connected therewith. Such policies of liability insurance, contracts of
indemnity, or programs of self-insurance may also provide for reimbursement to
an officer, official, or employee of any agency, board, bureau, commission,
department, or authority of
the
this
state for reasonable legal fees and other expenses incurred in the successful
defense of any criminal proceeding, including, but not limited to, any criminal
cause of action, suit, investigation, subpoena, warrant, request for
documentation or property, or threat of such action whether formal or informal
where such action arises out of the performance of his or her official duties.
In addition, in the case of an officer, official, or employee who is required to
maintain a professional license, such reimbursement may also be provided for
legal fees and other expenses so incurred in the successful defense of a charge
arising out of the performance of his or her official duties in proceedings
before
a
the director
of professional licensing pursuant to Chapter 1 of Title 43 or any
other professional licensing board,
disciplinary board or commission, or other similar body
as may be
appropriate. Legal fees and other
expenses shall be subject to adjustment by and the approval of the Attorney
General."
SECTION
2-34.
Said
title is further amended by revising subsection (a) of Code Section 45-15-70,
relating to Governor authorized to provide counsel for public officials and
agencies and fees and costs to be paid by the state, as follows:
"(a)
When any action or proceeding is filed in any court of this state, in any
federal court, or with
the director
of professional licensing pursuant to Chapter 1 of Title 43 or
with any professional licensing board,
disciplinary board or commission, or other similar body, which action or
proceeding is against a public officer, public official, a state board or
bureau, or against any member of such board or bureau and which action or
proceeding seeks relief against such officer, official, board, or bureau in the
administration of his or its duties, and when the state compensates or
appropriates or allocates moneys to such officer, official, board, or bureau
which is used in the administration of his or its duties, and this shall include
county registrars, and when no regular counsel is provided within a reasonable
time for such officer, official, board, bureau, or county registrar by the
Attorney General, then the Governor may direct the Attorney General to provide
such counsel. In the event the Attorney General refuses to provide such counsel
within a reasonable time after having been directed by the Governor to do so,
the Governor is authorized to designate legal counsel in such case for such
officer, official, board, or bureau, or any member of such board or bureau, or
county registrar."
SECTION
2-35.
Chapter
4A of Title 46 of the Official Code of Georgia Annotated, relating to provision
of energy conservation assistance to residential customers by electric and gas
utilities,, is amended by revising Code Section 46-4A-12, relating to
construction of chapter, as follows:
"46-4A-12.
No
provision of this chapter or any rules or regulations or orders hereunder shall
be construed to be a limitation:
(1)
On the activities of any privately or publicly owned utility which is not a
covered utility;
(2)
On the activities of covered utilities, when such activities are not subject to
this chapter;
(3)
On the activities of contractors, suppliers, or lenders, when such activities
are not subject to this chapter;
(4)
On the activities of the Division of Energy Resources of the Georgia
Environmental Finance Authority in the enforcement or administration of any
program or provision of law; and
(5)
On the power of any state or local agency in the enforcement or administration
of any provision of law it is specifically permitted or required to enforce or
administer, including, but not limited to, the Public Service Commission, the
Office of Consumer Affairs, and the
Construction
Industry Licensing Board
State Board of
Licensing and
Regulation."
SECTION
2-36.
Title
48 of the Official Code of Georgia Annotated, relating to revenue, is amended by
revising subsection (e) of Code Section 48-2-11, relating to delegation of
certain duties, as follows:
"(e)
This chapter shall not in any way affect the collection and administration
activities of those regulatory, professional, or vocational bodies or boards
operated under the
division
director of the professional licensing
policy
boards division appointed by the Secretary of State under Code Section 43-1-2 as
provided by law or of those other regulatory bodies where a major portion of the
license fees is collected by mail."
SECTION
2-37.
Said
title is further amended by revising subsection (b) of Code Section 48-7-40.30,
relating to income tax credit for certain qualified investments for limited
period of time, as follows:
"(b)
As used in this Code section, the term:
(1)
'Allowable credit' means the credit as it may be reduced pursuant to
subparagraph (3) of subsection (i) of this Code section.
(2)
'Headquarters' means the principal central administrative office of a business
located in this state which conducts significant operations of such
business.
(3)
'Net income tax liability' means income tax liability reduced by all other
credits allowed under this chapter.
(4)
'Pass-through entity' means a partnership, an S-corporation, or a limited
liability company taxed as a partnership.
(5)
'Professional services' means those services specified in paragraph (2) of Code
Section 14-7-2 or any service which requires as a condition precedent to the
rendering of such service the obtaining of a license from
a
the director
of professional licensing pursuant to Title 43 or from any
other state licensing board
pursuant to
Title 43.
(6)
'Qualified business' means a registered business that:
(A)
Is either a corporation, limited liability company, or a general or limited
partnership located in this state;
(B)
Was organized no more than three years before the qualified investment was
made;
(C)
Has its headquarters located in this state at the time the investment was made
and has maintained such headquarters for the entire time the qualified business
benefitted from the tax credit provided for pursuant to this Code
section;
(D)
Employs 20 or fewer people in this state at the time it is registered as a
qualified business;
(E)
Has had in any complete fiscal year before registration gross annual revenue as
determined in accordance with the Internal Revenue Code of $500,000.00 or less
on a consolidated basis;
(F)
Has not obtained during its existence more than $1 million in aggregate gross
cash proceeds from the issuance of its equity or debt investments, not including
commercial loans from chartered banking or savings and loan
institutions;
(G)
Has not utilized the tax credit described in Code Section
48-7-40.26;
(H)
Is primarily engaged in manufacturing, processing, online and digital
warehousing, online and digital wholesaling, software development, information
technology services, research and development, or a business providing services
other than those described in subparagraph (I) of this paragraph;
and
(I)
Does not engage substantially in:
(i)
Retail sales;
(ii)
Real estate or construction;
(iii)
Professional services;
(iv)
Gambling;
(v)
Natural resource extraction;
(vi)
Financial, brokerage, or investment activities or insurance; or
(vii)
Entertainment, amusement, recreation, or athletic or fitness activity for which
an admission or membership is charged.
A
business shall be substantially engaged in one of the above activities if its
gross revenue from such activity exceeds 25 percent of its gross revenues in any
fiscal year or it is established pursuant to its articles of incorporation,
articles of organization, operating agreement or similar organizational
documents to engage as one of its primary purposes such activity.
(7)
'Qualified investment' means an investment by a qualified investor of cash in a
qualified business for common or preferred stock or an equity interest or a
purchase for cash of qualified subordinated debt in a qualified business;
provided, however, that funds constituting a qualified investment cannot have
been raised or be raised as a result of other tax incentive programs.
Furthermore, no investment of common or preferred stock or an equity interest or
purchase of subordinated debt shall qualify as a qualified investment if a
broker fee or commission or a similar remuneration is paid or given directly or
indirectly for soliciting such investment or purchase.
(8)
'Qualified investor' means an accredited investor as that term is defined by the
United States Securities and Exchange Commission who is:
(A)
An individual person who is a resident of this state or a nonresident who is
obligated to pay taxes imposed by this chapter; or
(B)
A pass-through entity which is formed for investment purposes, has no business
operations, has committed capital under management of equal to or less than $5
million, and is not capitalized with funds raised or pooled through private
placement memoranda directed to institutional investors. A venture capital fund
or commodity fund with institutional investors or a hedge fund shall not qualify
as a qualified investor.
(9)
'Qualified subordinated debt' means indebtedness that is not secured, that may
or may not be convertible into common or preferred stock or other equity
interest, and that is subordinated in payment to all other indebtedness of the
qualified business issued or to be issued for money borrowed and no part of
which has a maturity date less than five years after the date such indebtedness
was purchased.
(10)
'Registered' or 'registration' means that a business has been certified by the
commissioner as a qualified business at the time of application to the
commissioner."
SECTION
2-38.
Title
49 of the Official Code of Georgia Annotated, relating to social services, is
amended by revising subsection (d) of Code Section 49-2-2, relating to board
created, qualifications and appointment of members, terms of officers,
vacancies, removal, and per diem and expenses, as follows:
"(d)
Members of the board may be removed from office under the same conditions for
removal from office of members of professional licensing
policy
boards provided in Code Section 43-1-17."
SECTION
2-39.
Said
title is further amended by revising Code Section 49-4-152.1, relating to
Medicaid Prescription Drug Bidding and Rebate Program, as follows:
"49-4-152.1.
(a)
The General Assembly finds that the department frequently must pay more for
prescription drugs furnished to recipients of medical assistance under this
article than certain health care providers pay for the same products. In order
to control more effectively the costs of such drugs, the department may
establish a Medicaid Prescription Drug Bidding and Rebate Program as provided in
this Code section.
(b)
The department may request sealed bids from prescription drug manufacturers for
both brand name and generic equivalent prescription drugs specified by the
department. The bids shall be proposed agreements by these manufacturers to
adjust prices of drugs specified by the department to a price designated as the
bid price when those drugs are supplied to recipients of medical assistance
under this article. If the department has accepted a bid for a drug under this
Code section, the department may not reimburse a provider of such drug for any
equivalent drug not so successfully bid during the term of the contract awarded
with regard to the drug so bid. The department may elect not to reimburse for
any multisource drugs of a drug manufacturer which does not participate in the
bid process or which bids prices considered excessive by the
department.
(c)
All prescription drugs for which bids are submitted must meet applicable
standards of the U.S. Pharmacopoeia, the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation, and be
guaranteed as meeting all requirements, regulations, and comparison data under
the Federal Food, Drug, and Cosmetic Act and the regulations thereunder. The
manufacturer of a drug which is bid must have an FDA approved New Drug
Application or an abbreviated New Drug Application and must have a product
liability insurance policy extending to pharmacy providers under this article,
but the policy may condition coverage thereunder upon the provider's complying
with all applicable federal and state laws and regulations promulgated
thereunder.
(d)
Nothing in this Code section shall be construed to change the practice of
pharmacies having provider agreements under this article with respect to their
purchases and sales of and reimbursements for drugs furnished to recipients of
medical assistance under this article. Adjustment rebates shall be made by the
successfully bidding drug manufacturer to the department and be paid quarterly
to the department.
(e)
In the event no acceptable bids are received for a drug for which a request for
bid was made, the department may select a single drug supplier for the drug or
establish one price for such drug which the department will reimburse therefor,
but this shall not restrict the department from establishing one price for any
drug upon which the department does not request bids.
(f)
Except when in conflict with this Code section, Article 3 of Chapter 5 of Title
50, relating to state purchases by the Department of Administrative Services,
shall apply to bidding and purchasing of prescription drugs by the department
pursuant to this Code section. The prohibitions against financial interest in
Code Section 50-5-78 shall be applicable to the commissioner and other employees
of the department and any violation thereof punishable as provided in subsection
(d) of that Code section. Contracts for the purchase of prescription drugs made
in violation of this Code section shall be void and of no effect and liability
therefor shall be the same as that provided in Code Section
50-5-79.
(g)
The department is authorized to accept rebates from any drug manufacturer for
providing information to that manufacturer regarding utilization by Medicaid
recipients of that manufacturer's drugs as long as the anonymity of the
recipients is maintained. The department is further authorized to verify and
audit claims for reimbursement for drugs successfully bid, provide the
manufacturers thereof with the information so obtained, and to adjust the
department's claim for rebates based upon that information.
(h)
The provisions of this Code section shall be construed in conformity with Code
Section 49-4-157."
SECTION
2-40.
Said
title is further amended by revising Code Section 49-4-152.3, relating to reuse
of dosage drugs, as follows:
"49-4-152.3.
(a)
As used in this Code section, the term:
(1)
'Long-term care facility' or 'facility' means an intermediate care home, skilled
nursing home, or intermingled home subject to regulation as such by the
Department of Community Health.
(2)
'Unit dosage drug' means any dangerous drug regulated under Chapter 13 of Title
16 which is individually packaged to contain only one dosage of such drug and
which includes on such packaging the brand or generic name, strength, lot
number, and expiration date of such drug.
(b)
Unit dosage drugs may be returned to the dispensing pharmacy for reuse. The
department and the
State Board
of Pharmacy
Georgia Board
of Licensing and Regulation shall
promulgate regulations which permit the reuse of prescribed but unused unit
dosage drugs for a resident of a long-term care facility other than the resident
for whom the drug was originally prescribed, but only when:
(1)
The cost of those drugs has been paid for or reimbursed under this article;
and
(2)
The drugs are unused because the resident for whom the drugs were originally
prescribed:
(A)
Has died;
(B)
Has had such resident's prescription changed so as no longer to require those
drugs; or
(C)
Otherwise no longer needs those drugs."
PART
III
SECTION 3-1.
SECTION 3-1.
Code
Section 26-4-80 of the Official Code of Georgia Annotated, relating to
dispensing and electronically transmitted drug orders, is amended by revising
subsection (d) as follows:
"(d)
Information contained in the patient medication record or profile shall be
considered confidential information as defined in this title. Confidential
information may be released to the patient or the patient's authorized
representative, the prescriber or other licensed health care practitioners then
caring for the patient, another licensed pharmacist,
the board
or its representative, or any other person duly authorized to receive such
information
or the
director. In accordance with Code Section
24-9-40
24-12-1,
confidential information may be released to others only on the written release
of the patient, court order, or subpoena."
SECTION
3-2.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended by revising paragraph (5) of subsection (b) of Code
Section 43-3-24, relating to issuance of permits to practice accountancy, as
follows:
"(5)
An individual qualifying for the practice privilege under paragraph (1) of this
subsection may provide expert witness services in this state and shall be deemed
to be in compliance with
paragraph
(1) of subsection (c) of Code Section
24-9-67.1
24-7-702
for purposes of such services."
SECTION
3-3.
Said
title is further amended by revising paragraph (11) of subsection (a) of Code
Section 43-9-12, relating to The Georgia Board of Chiropractic Examiners'
refusal, suspension, or revocation of licenses, as follows:
"(11)(A)
Become unable to practice chiropractic with reasonable skill and safety to
patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or
any other type of material, or as a result of any mental or physical
condition.
(B)
In enforcing this paragraph, the
board
director
may, upon reasonable grounds, require a licensee or applicant to submit to a
mental or physical examination by licensed health care providers designated by
the
board
director.
The results of such examination shall be admissible in any hearing before the
licensing
board, notwithstanding any claim of privilege under a contrary rule of law or
statute, including, but not limited to, Code Section
24-9-21
24-5-501.
Every person who shall accept the privilege of practicing chiropractic in this
state or who shall file an application for a license to practice chiropractic in
this state shall be deemed to have given his or her consent to submit to such
mental or physical examination and to have waived all objections to the
admissibility of the results in any hearing before the
licensing
board, upon the grounds that the same constitutes a privileged communication.
If a licensee or applicant fails to submit to such an examination when properly
directed to do so by the
board
director,
unless such failure was due to circumstances beyond his or her control, the
board
director
may enter a final order
upon proper
notice, hearing, and proof of such
refusal. Any licensee or applicant who is
prohibited from practicing chiropractic under this paragraph shall at reasonable
intervals be afforded an opportunity to demonstrate to the
licensing
board that he or she can resume or begin the practice of chiropractic with
reasonable skill and safety to patients.
(C)
For the purposes of this paragraph, the
board
director
may, upon reasonable grounds, obtain any and all records relating to the mental
or physical condition of a licensee or applicant, including psychiatric records;
and such records shall be admissible in any hearing before the
licensing
board, notwithstanding any privilege under a contrary rule of law or statute,
including, but not limited to, Code Section
24-9-21
24-5-501.
Every person who shall accept the privilege of practicing chiropractic in this
state or who shall file an application to practice chiropractic in this state
shall be deemed to have given his or her consent to the
board's
director's
obtaining any such records and to have waived all objections to the
admissibility of such records in any hearing before the
licensing
board, upon the grounds that the same constitutes a privileged
communication.
(D)
If any licensee or applicant could, in the absence of this paragraph, invoke a
privilege to prevent the disclosure of the results of the examination provided
for in subparagraph (B) of this paragraph or the records relating to the mental
or physical condition of such licensee or applicant obtained pursuant to
subparagraph (C) of this paragraph, all such information shall be received by
the
board
director
in camera and shall not be disclosed to the public, nor shall any part of the
record containing such information be used against any licensee or applicant
in any
other type of
except in
a proceeding
before the
board."
SECTION
3-4.
Said
title is further amended by revising Code Section 43-18-8, relating to official
records and affidavits of the State Board of Registration for Professional
Geologists as evidence, as follows:
"43-19-8.
All
official records of the board, or affidavits by the division director as to the
content of such records, shall be prima-facie evidence of all matters required
to be kept therein
Reserved."
SECTION
3-5.
Said
title is further amended by revising Code Section 43-28-6, relating to service
of process and documents on division director and records of the State Board of
Occupational Therapy as prima-facie evidence, as follows:
"43-28-6.
(a)
All legal process and all documents required by law to be served upon or filed
with the
licensing
board shall be served upon or filed with the
division
director at his or her office.
(b)
All official records of the board or affidavits by the division director
certifying the content of such records shall be prima-facie evidence of all
matters required to be kept
therein."
SECTION
3-6.
Said
title is further amended by revising Code Section 43-33-9, relating to the State
Board of Physical Therapy's records as prima-facie evidence, as
follows:
"43-33-9.
The
division
director shall be secretary of the board and shall perform such other
administrative duties as may be prescribed by the
licensing
board. In
a contested case, the division director on behalf of the board shall have the
power to subpoena, throughout the state, witnesses, designated documents,
papers, books, accounts, letters, photographs, objects, or other tangible
things. All legal process and all
documents required by law to be served upon or filed with the board shall be
served upon or filed with the
division
director at his or her office.
All
official records of the board or affidavits by the division director certifying
the content of such records shall be prima-facie evidence of all matters
required to be kept
therein."
SECTION
3-7.
Said
title is further amended by revising paragraph (2) of subsection (a) of Code
Section 43-33-18, relating to refusal to grant or restore licenses, as
follows:
"(2)
Displayed an inability or has become unable to practice as a physical therapist
or as a physical therapist assistant with reasonable skill and safety to
patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or
any other type of material, or as a result of any mental or physical
condition:
(A)
In enforcing this paragraph the
board
director
may, upon reasonable grounds, require a licensee or applicant to submit to a
mental or physical examination by an appropriate practitioner of the healing
arts designated by the
board
director.
The expense of such mental or physical examination shall be borne by the
licensee or applicant. The results of such examination shall be admissible in
any hearing before the
licensing
board, notwithstanding any claim of privilege under a contrary rule of law or
statute, including, but not limited to Code Section
24-9-21
24-5-501.
Every person who
shall
accept
accepts
the privilege of practicing physical therapy in this state or who shall file an
application for a license to practice physical therapy in this state shall be
deemed to have given his or her consent to submit to such mental or physical
examination and to have waived all objections to the admissibility of the
results in any hearing before the
licensing
board upon the grounds that the same constitutes a privileged communication. If
a licensee or applicant fails to submit to such an examination when properly
directed to do so by the
board
director,
unless such failure was due to circumstances beyond his or her control, the
board
director
may enter a final order
upon proper
notice, hearing, and proof of such refusal
in compliance
with Code Section 43-1-3.1. Any licensee
or applicant who is prohibited from practicing physical therapy under this
paragraph shall at reasonable intervals be afforded an opportunity to
demonstrate to the
board
director
that he or she can resume or begin the practice of physical therapy with
reasonable skill and safety to patients;
(B)
For the purposes of this paragraph, the
board
director
may, upon reasonable grounds, obtain any and all records relating to the mental
or physical condition of a licensee or applicant, including psychiatric records;
and such records shall be admissible in any hearing before the
licensing
board, notwithstanding any privilege under a contrary rule of law or statute,
including, but not limited to, Code Section
24-9-21
24-5-501.
Every person who shall accept the privilege of practicing physical therapy in
this state or who shall file an application to practice physical therapy in this
state shall be deemed to have given his or her consent to the
board's
director's
obtaining any such records and to have waived all objections to the
admissibility of such records in any hearing before the
licensing
board upon the grounds that the same constitute a privileged communication;
and
(C)
If any licensee or applicant could, in the absence of this paragraph, invoke a
privilege to prevent the disclosure of the results of the examination provided
for in subparagraph (A) of this paragraph or the records relating to the mental
or physical condition of such licensee or applicant obtained pursuant to
subparagraph (B) of this paragraph, all such information shall be received by
the
licensing
board in camera and shall not be disclosed to the public, nor shall any part of
the record containing such information be used against any licensee or applicant
in any other type of proceeding;"
PART
IV
SECTION 4-1.
SECTION 4-1.
Chapter
50 of Title 43 of the Official Code of Georgia Annotated, relating to
veterinarians and veterinary technicians, is amended by revising Code Section
43-50-20, relating to creation of the State Board of Veterinary Medicine,
members, qualifications, vacancies, expenses, meetings, and officers, as
follows:
"43-50-20.
(a)
There shall be a State Board of Veterinary Medicine, a professional licensing
policy board, the members of which shall be appointed by the Governor with the
approval of the Secretary of State and confirmation by the Senate. The board
shall consist of
six
seven
members, each appointed for a term of five years or until his or her successor
is appointed. Five members of the board shall be duly licensed veterinarians
actually engaged in active practice for at least five years prior to
appointment. The sixth member shall be appointed from the public at large and
shall in no way be connected with the practice of veterinary medicine.
The seventh
member shall be a registered veterinary technician who has been registered and
actively engaged in the practice of veterinary technology for at least five
years prior to appointment. The initial appointment of the veterinary
technician shall expire on June 30 in the fifth calendar year after this
subsection becomes effective; thereafter, successors shall be appointed for a
term of five years. Those members of the
State Board of Veterinary Medicine serving on
July 1,
2003,
the effective
date of this subsection shall continue to
serve as members of the board until the expiration of the term for which they
were appointed. Thereafter, successors to such board members shall be appointed
in accordance with this Code section.
(b)
Vacancies due to death, resignation, removal, or otherwise shall be filled for
the remainder of the unexpired term in the same manner as regular appointments.
No person shall serve two consecutive five-year terms, but a person appointed
for a term of less than five years may succeed himself or herself.
(c)
No person may serve on the board who is, or was during the two years preceding
his or her appointment, a member of the faculty, trustees, or advisory board of
a veterinary school.
(d)
Each member of the board shall be reimbursed as provided for in subsection (f)
of Code Section 43-1-2.
(e)
Any member of the board may be removed by the Governor after a hearing by the
board determines cause for removal.
(f)
The board shall meet at least once each year at the time fixed by the board.
Other necessary meetings may be called by the president of the board by giving
such notice as shall be established by the board and approved by the
director.
(g)
At its annual meeting, the board shall organize by electing a president and such
other officers as may be required by the board. Officers of the board serve for
terms of one year and until a successor is elected, without limitation on the
number of terms an officer may serve. The president shall chair the board
meetings."
SECTION
4-2.
Said
chapter is further amended by revising Code Section 43-50-40, relating to
renewal of licenses and registrations, reinstatement, waiver of fee, continuing
education, and inactive status, as follows:
"43-50-40.
(a)
All licenses and registrations under this article shall be renewable
biennially.
(b)
Any person who shall practice veterinary medicine or veterinary technology after
the expiration of his or her license or registration and willfully or by neglect
fail to renew such license or registration shall be practicing in violation of
this article, provided that any person may renew an expired license or
registration within the period established by the director in accordance with
Code Section 43-1-4 by making application for renewal and paying the applicable
fees. After the time period established by the director has elapsed, such
license or registration may be reinstated in accordance with the rules of the
licensing board.
(c)
The licensing board may by rule waive the payment of the renewal fee of a
licensed veterinarian or registered veterinary technician during the period when
he or she is on active duty with any branch of the armed forces of the United
States, not to exceed the longer of three years or the duration of a national
emergency.
(d)(1)
The licensing board shall establish a program of continuing professional
veterinary medical education
and continuing
veterinary technology education for the
renewal of veterinary licenses
and veterinary
technician registrations. Notwithstanding
any other provision of this article, no license to practice veterinary medicine
or veterinary
technology shall be renewed by the
director until the licensed veterinarian
or registered
veterinary technician submits to the
director satisfactory proof of his or her participation, during the biennium
preceding his or her application for renewal, in approved programs of continuing
education, as defined in this Code section. The amount of continuing veterinary
medical education required of licensed veterinarians by the licensing board
under this paragraph shall not be less than 30 hours and shall be established by
licensing board rule.
(2)
Continuing professional veterinary medical education
or continuing
veterinary technology education shall
consist of educational programs providing training pertinent to the practice of
veterinary medicine
or veterinary
technology and approved by the licensing
board under this Code section. The licensing board may approve educational
programs for persons practicing veterinary medicine
or veterinary
technology in this state on a reasonable
nondiscriminatory fee basis and may contract with institutions of higher
learning, professional organizations, or qualified individuals for the provision
of approved programs. In addition to such programs, the licensing board may
allow the continuing education requirement to be fulfilled by the completion of
approved distance learning courses, with the number of hours being established
by licensing board rule.
(3)
The licensing board may, consistent with the requirements of this Code section,
promulgate rules and regulations to implement and administer this Code section,
including the establishment of a committee to prescribe standards, approve and
contract for educational programs, and set the required minimum number of hours
per year.
(e)
The licensing board shall provide by regulation for an inactive status license
or registration for those individuals who elect to apply for such status.
Persons who are granted inactive status shall not engage in the practice of
veterinary medicine or veterinary technology and shall be exempt from the
requirements of continuing veterinary medical education during such
inactivity."
SECTION
4-3.
Said
chapter is further amended by adding a new article to read as
follows:
"ARTICLE
5
43-50-90.
(a)
The licensing board shall work cooperatively with licensed veterinarians to
establish standards for veterinary facilities and equipment and shall promulgate
rules for same.
(b)
The licensing board shall have the authority to establish a method to monitor
veterinary facilities, conduct investigations and hold proceedings related to
alleged violations, and take necessary enforcement action against the license of
a veterinarian for violations of rules promulgated under subsection (a) of this
Code section.
43-50-91.
This
article shall not apply to any facility owned by the federal, state, or any
local government, a public or private college or university, or a zoological
park or aquarium that is accredited by the American Zoo and Aquarium Association
or other substantially equivalent nationally recognized accrediting agency as
determined by the licensing
board."
PART
V
SECTION 5-1.
SECTION 5-1.
Part
III of this Act shall become effective on January 1, 2013. Each section of Part
IV of this Act shall become effective only when funds are specifically
appropriated for purposes of such sections in a General Appropriations Act
making specific reference to this Act and shall become effective when funds so
appropriated become available for expenditure. Those portions of Section 1-4 of
this Act relating to the appointment of the members of the Georgia Board of
Licensing and Regulation shall become effective upon the Governor's signature or
upon this Act's becoming law without such signature. All remaining portions of
this Act shall become effective on July 1, 2012.
SECTION
5-2.
All
laws and parts of laws in conflict with this Act are repealed.
