GA Code § 43-1-28 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 1 - General Provisions|§ 43-1-28. Volunteers in Health Care Specialties

  This Code section shall be known and may be cited as the "Georgia Volunteers in Health Care Specialties Act."   As used in this Code section, the term:   "Health care board" means that professional licensing board which licenses a health care practitioner under this title.   "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.   "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.   "Unrestricted" means that no restrictions have been placed on a health care practitioner's license by a health care board, no sanctions or disciplinary actions have been imposed by a health care board on a health care practitioner, and a health care practitioner is not under probation or suspension by a health care board.     Notwithstanding any other provision of law, each health care board shall 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 shall only be issued to a person who:   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   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.     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.   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.   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.   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.     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.   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.     This Code section, being in derogation of the common law, shall be strictly construed.     (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; Ga. L. 2008, p. 324, § 43/SB 455; Ga. L. 2008, p. 354, § 3/HB 1222; Ga. L. 2009, p. 859, § 3/HB 509.)   Cross references.   - "Health Share" volunteers in medicine, T. 31, C. 8, A. 8.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2000, "professional licensing" was substituted for "state examining" in paragraph (b)(1).   Pursuant to Code Section 28-9-5, in 2002, "Specialties" was substituted for "Specialities" in subsection (a).   Editor's notes.   - Ga. L. 2002, p. 639, § 1(c)(1), not codified by the General Assembly, provides: "The provisions of Code Section 43-1-28 of the Official Code of Georgia Annotated, the 'Georgia Volunteers in Health Care Specialties Act,' which were in effect and applicable on January 1, 2002, shall remain in effect and applicable until and unless changed by future Act of the General Assembly."   Ga. L. 2005, p. 1493, § 7/HB 166, provides that the 2005 amendment becomes effective only when funds are specifically appropriated for purposes of that Act in an appropriations Act making specific reference to that Act. Funds were appropriated at the 2005 session of the General Assembly.