GA Code § 43-28-6 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 28 - Occupational Therapists|Article 1 - Georgia Occupational Therapy Practice|§ 43-28-6. General Powers and Duties of Board; Continuing Professional Education; Background Checks

  The board shall administer, coordinate, and enforce this article.   The board shall adopt rules and regulations to carry out the policy of this article, including, but not limited to, rules and regulations relating to professional licensure and the establishment of ethical standards of practice.   The board shall have the responsibility of evaluating and determining the qualifications of occupational therapist and occupational therapy assistant applicants for licensure under this article and shall assist the division director in carrying out this article.   In a timely manner, the board shall:   Authorize the issuance and renewal of licenses to qualified occupational therapists and occupational therapy assistants; and   Discipline and sanction licensees.     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.   The board may initiate investigations, issue subpoenas, examine witnesses, and administer oaths and may investigate allegations of practices violating this article and board rules. For purposes of this subsection, an authorized agent of the board shall have the power and right to enter and make reasonable inspection of any place where occupational therapy is practiced.   The board may provide for the continuing professional education of persons subject to this article by appropriate regulation.   The board shall administer the Occupational Therapy Licensure Compact contained in Article 2 of this chapter.   The board is authorized to conduct national background checks by the submission of fingerprints to the Federal Bureau of Investigation through the Georgia Crime Information Center; provided, however, that reports from such background checks shall not be shared with entities outside the state.     (Ga. L. 1976, p. 993, § 5; Code 1981, §43-28-7; Ga. L. 1982, p. 2224, § 2; Ga. L. 1991, p. 379, § 3; Ga. L. 2000, p. 1706, § 19; Code 1981, §43-28-6, as redesignated by Ga. L. 2019, p. 745, § 1/HB 253; Ga. L. 2021, p. 710, §§ 2, 4/HB 268.)    The 2019 amendment,  effective July 1, 2019, redesignated former Code Section 43-28-7 as this Code section; added subsection (b); redesignated former subsection (b) as present subsection (c); in subsection (c), substituted "and determining the qualifications of occupational therapist and occupational therapy assistant" for "the qualifications and providing for the examination of", and designated the existing provisions of the second sentence of subsection (c) as subsection (e); added subsection (d); redesignated former subsection (c) as present subsection (f); in subsection (f), in the first sentence, inserted "initiate investigations," near the beginning and added "and board rules" at the end and added the second sentence; deleted former subsection (d), which read: "The 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.'"; deleted former subsection (e), which read: "The board shall conduct such hearings and keep such records and minutes as are necessary to carry out its functioning. 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."; and deleted former subsection (f), which read: "The board shall prepare or approve all examinations of applicants for license at least twice a year, determine the qualifications and authorize the issuance of licenses to qualified occupational therapists and occupational therapy assistants, issue and renew licenses, suspend or revoke licenses in the manner provided, 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."    The 2021 amendment,  effective July 1, 2021, substituted "this article" for "this chapter" throughout this Code section and added subsections (h) and (i).   Editor's notes.   - Ga. L. 2019, p. 745, § 1/HB 253, effective July 1, 2019, repealed former Code Section 43-28-6, pertaining to service of process and documents on division director, and enacted the present Code section. The former Code section was based on Ga. L. 1976, p. 993, § 9; Ga. L. 2000, p. 1706, § 19; Ga. L. 2002, p. 415, § 43; Ga. L. 2011, p. 99, § 70/HB 24.   Administrative Rules and Regulations.   - Rules of the profession, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia State Board of Occupational Therapy, Chapter 671-1 et seq.