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Corporations
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Professional Licensing Boards
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CHAPTER 1. GENERAL PROVISIONS
§ 43-1-1. Definitions
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" 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) "Professional licensing 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 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.
HISTORY:
Code 1981, § 43-1-1;
§ 43-1-2. Appointment and general powers of
division director; members and meetings of professional licensing boards;
examination standards; roster of licensees; funding
(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 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 boards and shall establish within the guidelines provided by the laws
and rules and regulations of the state merit system the qualifications of such
personnel.
(d) The division director, 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 boards.
(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 and shall appoint executive directors
as required who shall act in the absence of the division director and who shall
perform such other functions of the division director under this chapter as the
division director may designate. The deputy division director 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 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
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 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 boards are subject to approval of the
president or chairperson of the respective board and the division director.
(g) All meetings and hearings of the respective professional licensing
boards 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 board and approved by the division
director.
(h) A majority of the appointed members of a professional licensing board
shall constitute a quorum for the transaction of business by that board.
(i) A schedule of all meetings and hearings of the various professional
licensing boards shall be maintained at the office of the division director and
be available for public review.
(j) The division director shall establish administrative standards for the
examination of applicants for licensure by the various professional licensing
boards, notwithstanding any other provisions of law to the contrary. These
administrative standards shall include the setting of 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 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.
(k) The division director shall prepare and maintain a roster containing
the names and addresses of all current licensees for each of the various
professional licensing boards. A copy of this roster shall be available to any
person upon request at a fee prescribed by the division director 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:
(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 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 and the various
professional licensing 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."
HISTORY:
§ 43-1-3. Duties of division
director; serving notice or process on boards through division director
(a) It shall be the duty of the division director:
(1) To bring together and keep all records relating to
the professional licensing boards;
(2) To receive all applications for licenses;
(3) With the consent of the board concerned, to schedule
the time and place for examinations;
(4) To schedule the time and place for all hearings;
(5) To issue certificates upon authority of the
professional licensing board concerned; and
(6) 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 and to remit the same to the director of the Office of
Treasury and Fiscal Services for deposit into the general fund of the state.
Notwithstanding any other provision of law, the division director is authorized
to retain all funds received as collection fees for use in defraying the cost
of collection of fees required under this chapter; provided, however, that
nothing in this Code section shall be construed so as to allow the division
director to retain any funds required by the Constitution of Georgia to be paid
into the state treasury; and provided, further, that the division director
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.
(b) All orders and processes of the professional licensing boards shall be
signed and attested by the division director 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.
HISTORY:
§ 43-1-4. Expiration, renewal, and
penalty dates of licenses and certificates; duration of validity; renewals
(a) The division director 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 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 which are 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, 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.
HISTORY: Code
1933, § 84-104, enacted by Ga. L. 1972, p. 505, § 1; Ga. L. 1973, p. 1481, § 1;
Ga. L. 1981, p. 1898, § 2; Ga. L. 2000, p. 1706, § 19.
§ 43-1-5. Investigators for
professional licensing boards and office of division director
(a) Persons hired for the purpose of conducting
investigations for the professional licensing boards shall be designated as
investigators 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 professional licensing boards. Such
investigators shall be authorized, upon the written approval of the division
director, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to
carry firearms of a caliber not greater than the standard police .38 handgun.
(b) Any person designated as an investigator within the meaning of this
Code section shall be considered to be a peace officer.
HISTORY: Code
1933, § 84-105, enacted by Ga. L. 1975, p. 412, § 2; Ga. L. 1984, p. 704, § 1;
Ga. L. 1996, p. 381, § 2; Ga. L. 2000, p. 1706, § 4.
§ 43-1-6. Venue of actions involving
professional licensing boards
The venue of any action involving the members of any
professional licensing board 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.
HISTORY: Code
1933, § 84-103, enacted by Ga. L. 1962, p. 539, § 1; Ga. L. 2000, p. 1706, §
19.
§ 43-1-7. Determination of fees by
professional licensing boards; refunds
Each professional licensing board is authorized to charge an
examination fee, license fee, license renewal fee, or similar fee and may
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 professional licensing board shall approximate the total of
the direct and indirect costs to the state of the operations of the board. Fees
may be refunded for good cause, as determined by the division director.
HISTORY:
§ 43-1-8. Disposition of fees
Repealed by Ga. L. 1984, p. 22, § 43, effective
[Repealed]
§ 43-1-9. Point credit for veterans
taking examinations given by professional licensing boards
Any applicant taking an examination given by any professional
licensing board except the State Board of Accountancy 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 and who was
discharged for injury or illness incurred in line of duty shall be entitled to
a credit of five points if the 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;
(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 and who was discharged for
injury or illness incurred in line of duty shall be entitled to a credit of ten
points if the disability is 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.
HISTORY:
§
43-1-10. Credit
to veteran's grades when examination given in parts or by subject
If an examination given by a professional licensing board is
given 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 grade on all of the parts or subjects is determined.
HISTORY:
§
43-1-11. Veteran's examination to be graded prior to determination
of eligibility for credit
A person grading an examination given by a professional
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.
HISTORY:
§
43-1-12. Duty of division director to inform applicants of
availability of veteran credit; rules and regulations for implementing veteran
credit program
It shall be the duty of the division director 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 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.
HISTORY:
§ 43-1-13. Inapplicability of veteran credit
provisions to applicants who were not honorably discharged
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.
HISTORY:
§
43-1-14. Authority of Governor to appoint qualified persons to
professional licensing boards
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 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.
HISTORY:
§
43-1-15. Itinerant entertainers
(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 office designated by the Secretary of State as
an agent to receive service in his name, or his 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 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 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 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 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 office, a certificate of filing, stating the
coverage afforded by the policy or bond and the effective dates, which
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 may deem necessary or
advisable to protect the interests of the public in carrying out the purposes
of this Code section, and he 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.
HISTORY:
§
43-1-16. Senate confirmation of appointments to professional
licensing boards
Each person appointed by the Governor as a member of a
professional licensing 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.
HISTORY: Code
1981, § 43-1-16, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, §
19.
§
43-1-17. Removal from office of member of a professional licensing
board
The Governor, after notice and opportunity for hearing, may
remove from office any member of a professional licensing board for any of the
following:
(1) Inability or neglect to perform the duties required
of members;
(2) Incompetence; or
(3) Dishonest conduct.
HISTORY: Code
1981, § 43-1-17, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, §
19
§
43-1-18. Eligibility of consumer members of professional licensing
boards to vote on all matters
Without affecting the eligibility to vote of any other member
of a professional licensing board, each consumer member of a professional
licensing board shall be eligible to vote on all matters brought before that
board.
HISTORY: Code
1981, § 43-1-18, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, §
19.
§
43-1-19. Grounds for refusing to grant or revoking licenses;
application of "Georgia Administrative Procedure Act"; subpoena powers;
disciplinary actions; judicial review; reinstatement; investigations;
complaints; notice; failure to appear; voluntary surrender; application of
section; other law
(a) A 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 or to discipline a person
licensed by that board, 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
that he or she meets all the requirements for the issuance of a license, and,
if the board is not satisfied as to the applicant's qualifications, it 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;
(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; 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;
(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, paragraph (4) of this subsection, and subsection (q) 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 and subsection (q) of this Code section, 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 revoked, suspended, or annulled by any
lawful licensing authority other than the board; had other disciplinary
action taken against him or her by any such lawful licensing authority other
than the board; was denied a license by any such lawful licensing authority
other than the board, pursuant to disciplinary proceedings; or was refused the
renewal of a license by any such lawful licensing authority other than the
board, pursuant to disciplinary proceedings;
(6) Engaged in any unprofessional, immoral, unethical,
deceptive, or deleterious conduct or practice harmful to the public 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; 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. Such conduct or practice 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;
(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 board;
(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 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
violates such statute, law, or rule; or violated a lawful order of the
board previously entered by the board in a disciplinary hearing, 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 so long as the
adjudication of incompetence is in effect;
(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;
(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 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 be issued or 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 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) 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 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
board.
(d) When a 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 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 such license;
(4) Limit or restrict any license as the board 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 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 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 professional licensing board may make a
finding adverse to the licensee or applicant but withhold imposition of
judgment and penalty; or it may impose the judgment and penalty but suspend
enforcement thereof and place the licensee on probation, which may be
vacated upon noncompliance with such reasonable terms as the board may impose.
(f) Initial judicial review of a final decision of a professional
licensing board shall be had solely in the superior court of the county of
domicile of the board. 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 board appealed such action of the 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, the term "lacked substantial
justification" means substantially frivolous, substantially groundless, or
substantially vexatious.
(g) In its discretion, a professional licensing board may reinstate a
license which has been revoked or issue a license which has been denied or
refused, following such procedures as the 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 the licensed business or
profession.
(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
division, such investigations as he or she or a respective 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. Any
person properly conducting an investigation on behalf of a professional
licensing board 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 may have taken
place.
(2) The results of all investigations initiated by the
board shall be reported solely to the board, 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 board, for any purpose
other than a hearing before the board, nor shall such records be subject to
subpoena; provided, however, that the board 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 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 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 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
professional licensing board or the division director against a licensee,
within 30 days after the conclusion of the investigation of such complaint, the
professional licensing board or the division director shall notify the
complainant of the disposition 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 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 board in
the nature of peer review, in good faith, without fraud or malice, before the
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 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 such chapter shall not be required, but the applicant or licensee
shall be allowed to appear before the board if he or she so requests. 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) 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 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 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.
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, 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 such license, subject to reinstatement in the discretion of a
board. A board may restore and reissue a license to practice under the law
relating to that board and, as a condition thereof, may impose any disciplinary
sanction provided by this Code section or the 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 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 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 limits such grounds or actions, those other provisions shall apply
so long as the requirements of subsection (q) of this Code section are met.
(p)(1) Notwithstanding any other provision of this Code section or title,
when an applicant submits his or her application for licensure or renewal,
together with proof of completion of a drug court division as set forth in
Code Section 15-1-15, a mental health court division as set forth in
Code Section 15-1-16, a veterans court division as set forth in Code Section 15-1-17,
an operating under the influence court division as set forth in Code Section 15-1-19,
or a family treatment court division as set forth in Code Section 15-11-70, a board
shall issue the applicant a probationary license under the terms and conditions
deemed appropriate by such board.
(2) Paragraph (1) of this subsection shall not supersede a board’s consideration of
an applicant’s other prior criminal history or arrests or convictions that occur
subsequent to completion of a court division identified in paragraph (1) of this
subsection.
(q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code
section or any other provision of law, no professional licensing board shall
refuse to grant a license to an applicant therefor or shall revoke the license of
a person licensed by that board due solely or in part to a conviction of any felony
or due to any arrest, charge, and sentence for the commission of any felony unless
such felony directly relates to the occupation for which the license is sought or held.
(2) In determining if a felony directly relates to the occupation for which the
license is sought or held, the professional licensing board shall consider:
(A) The nature and seriousness of the felony and the relationship of the felony
to the occupation for which the license is sought or held;
(B) The age of the person at the time the felony was committed;
(C) The length of time elapsed since the felony was committed;
(D) All circumstances relative to the felony, including, but not limited to, mitigating
circumstances or social conditions surrounding the commission of the felony; and
(E) Evidence of rehabilitation and present fitness to perform the duties of the occupation
for which the license is sought or held.
HISTORY: Code
1981, § 43-1-19, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 1990, p. 1965, §
2; Ga. L. 1993, p. 123, § 4; Ga. L. 1994, p. 97, § 43; Ga. L. 1996, p. 453, §
13; Ga. L. 1996, p. 776, §§ 1, 2; Ga. L. 1997, p. 677, § 2; Ga. L. 1998, p.
1094, § 10; Ga. L. 2000, p. 1589, § 3; Ga. L. 2000, p. 1706, § 6; Ga. L. 2003,
p. 422, § 1; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2015, p. 519, § 3-1/HB 328;
Ga. L. 2016, p. 443, § 10-1/SB 367; Ga. L. 2016, p. 846, § 43/HB 737.
§
43-1-19.1. Waiver of deductibles or copayments in health insurance
plans; deceptive or misleading advertising
(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.
HISTORY: Code
1981, § 43-1-19.1, enacted by Ga. L. 1992, p. 2488, § 1.
§ 43-1-19.2. License applications to include
questions on prior revocation or denial of license
Each application for a license to practice a profession or
business to be issued by a 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 which revoked, suspended, denied, refused renewal of, or
otherwise sanctioned the license.
HISTORY: Code
1981, § 43-1-19.2, enacted by Ga. L. 1993, p. 427, § 1; Ga. L. 2000, p. 1706, §
19.
§
43-1-20. Actions to enjoin unlicensed practice
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 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.
HISTORY: Code
1981, § 43-1-20, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, §
19.
§
43-1-20.1. Cease and desist orders against persons practicing
without a license; fine for violating order
(a) Notwithstanding any other provisions of the law to
the contrary, after notice and hearing, a professional licensing board may
issue a cease and desist order prohibiting any person from violating the
provisions of this title by engaging in the practice of a business or
profession without a license.
(b) The violation of any cease and desist order of a professional
licensing board issued under subsection (a) of this Code section shall subject
the person violating the order to further proceedings before the board, and the
board 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 board entered pursuant
to this Code section shall be available solely in the superior court of the
county of domicile of the board.
(d) Nothing in this Code section shall be construed to prohibit a
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.
HISTORY: Code 1981, § 43-1-20.1, enacted by Ga. L. 1986,
p. 1155, § 1; Ga. L. 1990, p. 1965, § 3; Ga. L. 2000, p. 1706, § 19.
§
43-1-21. Release of information regarding investigations
The division director 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.
HISTORY: Code
1981, § 43-1-21, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 1997, p. 677, § 3;
Ga. L. 2000, p. 1706, § 7.
§
43-1-22. Inactive status licenses
The division director may provide for inactive status
licenses for the various professional licensing boards.
HISTORY: Code
1981, § 43-1-22, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, §
8.
§
43-1-23. Exemption of licensees of professional licensing boards
from filing with clerk of superior court
No licensee of a professional licensing board shall be
required to file or record his license with the clerk of the superior court,
and no clerk shall be required to report the filing or recordation of any such
license.
HISTORY: Code
1981, § 43-1-23, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, §
19.
§
43-1-24. Licensed professionals subject to regulation by
professional licensing board
Any person licensed by a 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, 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.
HISTORY: Code
1981, § 43-1-24, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 1993, p. 123, § 5;
Ga. L. 1999, p. 81, § 43; Ga. L. 2000, p. 1706, § 19.
§
43-1-25. Authority of professional licensing boards to promulgate
rules and regulations
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 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 licensing board may promulgate rules and regulations to implement
the authority provided by the applicability of said provisions to said boards.
HISTORY: Code
1981, § 43-1-25, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 2000, p. 1706, §
19.
§
43-1-26. Exemption of credentialed persons from licensure,
registration, or certification in the state in connection with the Olympic and
Paralympic Games; conditions and limitations; consent for certain medical
services; automatic repeal
Repealed by Ga. L. 1994, p. 480, § 1, effective December 31,
1996.
[Repealed]
§ 43-1-27. Licensee required to notify
licensing authority of felony conviction
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 licensing authority of the
conviction within ten days of the conviction. The failure of a licensed
individual to notify the appropriate 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.
HISTORY: Code
1981, § 43-1-27, enacted by Ga. L. 1996, p. 776, § 3.
§
43-1-28. Volunteers in health care specialties
(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) "Health care practitioner" means a chiropractor,
registered professional nurse, podiatrist, optometrist, professional counselor,
social worker, marriage and family therapist, occupational therapist, physical
therapist, physician's assistant, licensed practical nurse, or certified nurse
midwife.
(3) "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, or midwifery.
(c) Notwithstanding any other provision of law, each health care board may
issue a special license to qualifying health care practitioners whose health
care specialty is licensed by that board under the terms and conditions set
forth in this Code section. The special license may 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 in good standing; or
(2) Is retired from the practice of the health care
specialty or, in the case of a physician's 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 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 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 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 board, 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, 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 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.
HISTORY: Code
1981, § 43-1-28, enacted by Ga. L. 2000, p. 1406, § 1; Ga. L. 2002, p. 639, §
1; Ga. L. 2005, p. 1493, § 2/HB 166.
§
43-1-29. Suspension of license for nonpayment of student loans;
procedure; reinstatement
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 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 intended action and opportunity to
appear before the board according to procedures set forth by the division
director 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." A license suspended under this Code section
shall not be reinstated or reissued until the person provides the licensing
board a 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 board may impose.
HISTORY: Code
1981, § 43-1-29, enacted by Ga. L. 2001, p. 1066, § 1.
§ 43-1-30. (Repealed effective
(a) Notwithstanding any other law to the contrary,
health care related boards engaged in the licensing, certifying, or registering
of professionals under Chapter 7A, Chapter 9, Chapter 10A, Chapter 11, Chapter
11A, Chapter 26, Chapter 28, Chapter 30, Chapter 33, Chapter 35, Chapter 39,
and Chapter 44 of this title and under Chapter 4 of Title 26 shall upon
issuance of license, certification, or registration and thereafter upon renewal
of same, or at other times as may be determined by the respective boards,
distribute survey questions for the purpose of gathering data related to work
force supply and demographics. The data, which shall be limited to information
on workplace and practice settings, current practice by specialty, geographical
location, and future practice plans, shall be collected by the agency
responsible for administration of the professional licensing functions. The
failure to complete, return, or complete and return the survey shall not be
grounds to withhold licensure, nonrenew, or revoke a license or to otherwise
discipline a person licensed by that board.
(b) For purposes of this Code section, "the agency responsible for
administration of the professional licensing functions" shall be the Office of
Secretary of State for persons licensed, certified, or registered under Chapter
7A, Chapter 9, Chapter 10A, Chapter 11, Chapter 11A, Chapter 26, Chapter 28,
Chapter 30, Chapter 33, Chapter 35, Chapter 39, and Chapter 44 of this title
and under Chapter 4 of Title 26.
(c) The work force and demographic data collected pursuant to subsection
(a) of this Code section, along with identifying information required for
analysis of the data collected, including social security number, shall be
provided by the agency responsible for administration of the professional
licensing functions to the University of Georgia Office of Information
Technology Outreach Services or other recognized state agency, public academic
institution, or other academic institution currently providing such service by
written agreement which shall ensure the confidentiality of said data, as well
as to authorize the compilation and release of aggregate data for use by and on
behalf of the Health Care Work Force Policy Advisory Committee and the state.
The information and data shall be used solely for the purpose of analyzing the
supply and demand of health care personnel and projecting trends and needs for
the state's health care work force.
(d) A renewal form submitted by a licensee, individual identifying
information, and the responses to survey questions provided by any individual
licensee shall be considered confidential, may not be presented or utilized in
any public forum or setting, and shall be afforded the protections offered in
Article 4 of Chapter 18 of Title 50, relating to inspection of public records.
Nothing in this subsection shall limit the ability of the appropriate board to
disclose such information pursuant to subsection (k) of Code Section 43-1-2.
(e) With regard to the release and use of aggregate data, the Department
of Community Health on behalf of the Health Care Work Force Policy Advisory
Committee, the University of Georgia Office of Information Technology Outreach
Services or other recognized state agency, or public academic institution or
other academic institution currently providing such service shall enter into a
written agreement or agreements with the appropriate agency responsible for
administration of the professional licensing functions to govern the
collection, transfer, and safeguarding of such data. The written agreement or
agreements shall be structured to protect against any unauthorized release of
otherwise confidential information.
(f) The Department of Community Health on behalf of and with the Health
Care Work Force Policy Advisory Committee may use the data collected and
analyzed under this Code section to publish reports using aggregate data
regarding:
(1) Educational and employment trends for health
professions;
(2) Demographic characteristics of the work force;
(3) Supply and demand of health professions;
(4) Practice patterns and workplace trends for health
professions; and
(5) Long-term regional, state-wide, and local needs for
health care professionals.
(g) The functions and purposes outlined in this Code section shall be
deemed "administrative purposes" pursuant to division (a)(11.3)(B)(iii) of Code
Section 50-18-72.
HISTORY: Code
1981, § 43-1-30, enacted by Ga. L. 2002, p. 615, § 3.