reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 13 - INTERNATIONAL TRANSFER OF PRISONERS ACT (§§ 42-13-1 — 42-13-2) › Section 42-13-2 - Compliance with treaty by Governor or designee

When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted criminal offenders to those foreign countries of which such offenders are citizens or nationals, the Governor or the Governor's designee is authorized, subject to the terms of the treaty, to act on behalf of the State of Georgia and to consent to the transfer of such convicted criminal offenders. The Governor or his or her designee is authorized to develop policies, procedures, and processes to implement the provisions of this Code section.
Added by 2002 Ga. Laws 790, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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 state treasurer 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, 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.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
Amended by 2008 Ga. Laws 775,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 43-1-5 - Investigators for professional licensing boards

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
and
16-11-129
, to carry firearms.
Amended by 2010 Ga. Laws 643,§ 2-17, eff. 6/4/2010.
Amended by 2010 Ga. Laws 417,§ 8, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 43-1-9 - Point credit for veterans taking examinations given by professional licensing boards

Any applicant taking an examination required by any professional licensing board except 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.
Amended by 2014 Ga. Laws 492,§ 1-1, eff. 7/1/2014.
Amended by 2010 Ga. Laws 417,§ 9, eff. 5/20/2010.
Amended by 2007 Ga. Laws 249,§ 1, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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 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.
Amended by 2010 Ga. Laws 417,§ 10, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 43-1-11 - Veteran's examination to be graded prior to determination of eligibility for credit

A person grading an examination required 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.
Amended by 2010 Ga. Laws 417,§ 11, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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
.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 43-1-29 - Suspension of license for nonpayment of student loans prohibited

A professional licensing board shall not suspend the license of a person licensed by that board because he or she has been certified by any entity of the federal government for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program.
Amended by 2024 Ga. Laws 399,§ 2-35, eff. 6/30/2024.
Amended by 2019 Ga. Laws 146,§ 1-12, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 43-1-30 - [Repealed] Collection of work force and demographic data; procedure for collection and utilization

Added by 2002 Ga. Laws 772, § 3, eff. 7/1/2002.
See 2002 Ga. Laws 772, § 4.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 43-1-31 - Expiration of professional licenses of service members on active duty outside of state

(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 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 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 applicable professional licensing board either a copy of the official military orders or a written verification signed by the service member's commanding officer to waive any charges.
Added by 2005 Ga. Laws 48,§ 6, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 43-1-32 - Limitations on licensure requirements for physicians and dentists; conditioning of licensing upon participation in public or private health insurance plans prohibited

(a)
State licensure requirements for physicians and dentists in this state shall be granted based on demonstrated skill and academic competence. Licensure approval for physicians and dentists in this state shall not be conditioned upon or related to participation in any public or private health insurance plan, public health care system, public service initiative, or emergency room coverage.
(b)
The Georgia Composite Medical Board and the Georgia Board of Dentistry shall be solely responsible for the licensure of physicians and dentists, respectively, in this state.
Added by 2012 Ga. Laws 614,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1 - GENERAL PROVISIONS (§§ 43-1-1 — 43-1-36) › Section 43-1-34 - [Effective Until 1/1/2025] Licenses for transitioning members of the armed forces

(a)
As used in this Code section, the term:
(1)
"License" means a document, permit, certificate of registration, or other authorization issued by or on behalf of a professional licensing board or other board that is required under this title for a person to engage in a profession, business, or trade.
(2)
"Military" means the United States armed forces, including the National Guard.
(3)
"Other board" means a board created pursuant to this title that is not a professional licensing board.
(4)
"Service member" means an active or reserve member of the armed forces, including the National Guard.
(5)
"Transitioning service member" means a member of the military on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation.
(b)
No later than July 1, 2017, each professional licensing board and other board shall adopt rules and regulations implementing a process by which transitioning service members may qualify for temporary licenses, licenses by endorsement, expedited licenses, or a combination thereof for each profession, business, or trade for which a license is issued. Such process may include the issuance of a license to an applicant based upon such applicant:
(1)
Holding a license from another state for which the training, experience, and testing substantially meet or exceed the requirements under this state to obtain a license; and
(2)
Obtaining a specialty, certification, training, or experience in the military while a service member which substantially meets or exceeds the requirements to obtain a license in this state.
(c)
Any professional licensing board or other board created after June 30, 2016, shall adopt within one year of its creation the rules and regulations required by subsection (b) of this Code section.
Amended by 2020 Ga. Laws 607,§ 1, eff. 1/1/2021.
Added by 2016 Ga. Laws 452,§ 2, eff. 7/1/2016.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1A - OCCUPATIONAL REGULATION LEGISLATION REVIEW (§§ 43-1A-1 — 43-1A-9) › Section 43-1A-1 - Short title

This chapter shall be known and may be cited as the "Georgia Occupational Regulation Review Law."
Amended by 2010 Ga. Laws 437,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1A - OCCUPATIONAL REGULATION LEGISLATION REVIEW (§§ 43-1A-1 — 43-1A-9) › Section 43-1A-2 - Legislative intent

The General Assembly finds that the need for and the effectiveness of establishing occupational licensure and certification in this state has not been systematically evaluated. It is the purpose of this chapter to ensure that no programs of licensure and certification shall hereafter be imposed upon any profession or business unless required for the safety and well-being of the citizens of this state. It is the further purpose of this chapter to authorize the periodic review of existing regulatory entities to ensure that the authority of such regulatory entities is applicable and necessary with relation to the current professional and business conditions of this state. Any actions of the council pursuant to this chapter are solely recommendations and shall be nonbinding.
Amended by 2010 Ga. Laws 437,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1A - OCCUPATIONAL REGULATION LEGISLATION REVIEW (§§ 43-1A-1 — 43-1A-9) › Section 43-1A-3 - Definitions

As used in this chapter, the term:
(1)
"Applicant group" means any business or professional group or organization, any individual, or any other interested party which proposes that any business or professional group not presently regulated be regulated by the state.
(2)
"Certificate" or "certification" means a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use "certified" in the title or designation to perform prescribed occupational tasks.
(3)
"Council" means the Georgia Occupational Regulation Review Council.
(4)
"Grandfather clause" means a provision in a regulatory statute applicable to individuals engaged in the regulated business or profession prior to the effective date of the regulatory statute which exempts the individuals from meeting prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.
(5)
"Legislative committee of reference" means the standing legislative committee designated by the Speaker of the House of Representatives or the President of the Senate to consider proposed legislation introduced in their respective houses of the General Assembly to regulate any business or occupation not previously regulated.
(6)
"License," "licensing," or "licensure" means authorization to engage in a business or profession which would otherwise be unlawful in the state in the absence of authorization. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed business or professional tasks, who use a particular title, or who perform those tasks and use a particular title.
(7)
"Regulate" or "regulation" means the process of licensure or certification as defined in this Code section.
(8)
"Regulatory entity" means any state agency which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.
(9)
"State agency" means each state board, bureau, commission, department, division, office, or other separate unit of state government created or established by law.
Amended by 2010 Ga. Laws 437,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1A - OCCUPATIONAL REGULATION LEGISLATION REVIEW (§§ 43-1A-1 — 43-1A-9) › Section 43-1A-4 - Occupational Regulation Review Council

(a)
There is created the Georgia Occupational Regulation Review Council.
(b)
The council shall consist of nine members:
(1)
The comptroller general or his or her designee;
(2)
The Secretary of State or his or her designee;
(3)
The commissioner of public health or his or her designee;
(4)
The director of the Office of Planning and Budget or his or her designee;
(5)
The commissioner of natural resources or his or her designee;
(6)
The state revenue commissioner or his or her designee;
(7)
The Commissioner of Agriculture or his or her designee;
(8)
The chairperson of the legislative committee of reference or that person's designee from that committee, but only when legislation referred by such committee is being considered by the council; and
(9)
The chairperson of that standing committee of the General Assembly appointed by the presiding officer thereof pursuant to subsection (b) of Code Section
43-1A-5
or that chairperson's designee from that committee, but only when legislation of which that presiding officer was notified under subsection (b) of Code Section
43-1A-5
is being considered by the council.
(c)
The director of the Office of Planning and Budget or his or her designee shall serve as chairperson of the council.
(d)
Legislative members of the council appointed thereto pursuant to paragraphs (8) and (9) of subsection (b) of this Code section shall receive for their attendance of meetings of the council the same expense and mileage allowance authorized for legislative members of interim legislative committees.
Amended by 2015 Ga. Laws 187,§ 27, eff. 7/1/2015.
Amended by 2013 Ga. Laws 33,§ 43, eff. 4/24/2013.
Amended by 2011 Ga. Laws 244,§ 6-5, eff. 7/1/2011.
Amended by 2010 Ga. Laws 437,§ 1, eff. 7/1/2010.
Amended by 2009 Ga. Laws 102,§ 1-6, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1A - OCCUPATIONAL REGULATION LEGISLATION REVIEW (§§ 43-1A-1 — 43-1A-9) › Section 43-1A-6 - Review of proposed legislation

All bills introduced in the General Assembly to newly regulate a profession or business and all reviews of existing regulatory entities pursuant to paragraph (2) of subsection (a) of Code Section
43-1A-5
shall be reviewed according to the following criteria. In evaluating how or whether a profession or business shall hereafter be regulated, the following factors shall be considered:
(1)
Whether the unregulated practice of the occupation may harm or endanger the health, safety, and welfare of citizens of this state and whether the potential for harm is recognizable and not remote;
(2)
Whether the practice of the occupation requires specialized skill or training and whether the public needs and will benefit by assurances of initial and continuing occupational ability;
(3)
Whether the citizens of this state are or may be effectively protected by other means;
(4)
Whether the overall cost effectiveness and economic impact would be positive for citizens of this state; and
(5)
Whether there are means other than state regulation to protect the interests of the state.
Amended by 2010 Ga. Laws 437,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1A - OCCUPATIONAL REGULATION LEGISLATION REVIEW (§§ 43-1A-1 — 43-1A-9) › Section 43-1A-8 - Preferred forms of regulation; role of General Assembly

(a)
After evaluating the report of the council and any other desired information based on the criteria outlined in Code Section
43-1A-6
and considering governmental and societal costs and benefits, if the General Assembly finds that it is necessary to regulate a business or profession not previously regulated by law, the most appropriate alternative method of regulation should be implemented, consistent with the public interest and this Code section:
(1)
Where the consumer may have a substantial basis for relying on the services of a profession or business, a system of certification should be implemented;
(2)
Where apparent that adequate regulation cannot be achieved by means other than licensing, a system of licensing should be implemented; or
(3)
Where regulation as defined in this chapter is deemed too restrictive and unnecessary to protect the public health and welfare, a less restrictive means of ensuring public protection, including, but not limited to, stricter civil action or criminal penalties, inspection requirements, or a system of registration, may be considered.
(b)
The General Assembly may, with regard to an existing regulatory entity, and after evaluating the report of the council or any desired information, including, but not limited to, the criteria outlined in Code Section
43-1A-6
and any governmental and societal costs and benefits:
(1)
Take no action if it has determined that such existing regulatory agency is efficiently regulated and that no action is necessary in the interests of the state;
(2)
Amend the enabling legislation of such existing regulatory entity if it has determined that making such amendments shall more efficiently regulate such regulatory entity in a manner that is in the best interests of the state; or
(3)
Repeal the enabling legislation of such existing regulatory entity if it has determined that the continuing regulation of such regulatory entity is no longer in the interests of the state.
Amended by 2010 Ga. Laws 437,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1A - OCCUPATIONAL REGULATION LEGISLATION REVIEW (§§ 43-1A-1 — 43-1A-9) › Section 43-1A-9 - Chapter not to limit legislature's constitutional powers

Nothing in this chapter shall be construed to limit the authority of the General Assembly to legislate as authorized by the Constitution.
Amended by 2010 Ga. Laws 437,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1B - PATIENT SELF-REFERRAL (§§ 43-1B-1 — 43-1B-8) › Section 43-1B-1 - Short title

This chapter shall be known and may be cited as the "Patient Self-referral Act of 1993."
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1B - PATIENT SELF-REFERRAL (§§ 43-1B-1 — 43-1B-8) › Section 43-1B-2 - Legislative intent

It is recognized by the General Assembly that the referral of a patient by a health care provider to a provider of designated health care services in which the health care provider has an investment interest represents a potential conflict of interest. The General Assembly finds that these referral practices may limit or eliminate competitive alternatives in the health care services market, may result in overutilization of health care services, may increase costs to the health care system, and may adversely affect the quality of health care. The General Assembly also recognizes, however, that it may be appropriate for health care providers to own entities providing health care services, and to refer patients to such entities, as long as certain safeguards are present in the arrangement. It is the intent of the General Assembly to provide guidance to health care providers regarding prohibited patient referrals between health care providers and entities providing health care services and to protect the citizens of Georgia from unnecessary and costly health care expenditures.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1B - PATIENT SELF-REFERRAL (§§ 43-1B-1 — 43-1B-8) › Section 43-1B-5 - Disclosure form required; contents; posting

(a)
A health care provider shall not refer a patient to an entity in which such health care provider has an investment interest unless, prior to the referral, the health care provider furnishes the patient with a written disclosure form approved by the health care provider's respective board, informing the patient of:
(1)
The existence of the investment interest;
(2)
The name and address of each applicable entity in which the referring health care provider is an investor; and
(3)
The patient's right to obtain the items or services for which the patient has been referred at the location or from the health care provider or supplier of the patient's choice unless otherwise restricted by law, including the entity in which the referring health care provider is an investor.
(b)
The health care provider shall post a copy of the disclosure form provided for in subsection (a) of this Code section in a conspicuous public place in the health care provider's office.
(c)
The provisions of this Code section shall apply to all referrals made prior to July 1, 1996, and to referrals expressly exempted from the prohibitions contained in this chapter on and after that date. Nothing in this Code section shall be construed so as to authorize any referral otherwise prohibited by this chapter on and after July 1, 1996.
(d)
A violation of this Code section shall be grounds for disciplinary action by the board.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1B - PATIENT SELF-REFERRAL (§§ 43-1B-1 — 43-1B-8) › Section 43-1B-6 - Entities excepted from prohibitions as to financing and referrals; requirements; regulation

(a)
The provisions of Code Section
43-1B-4
shall not prohibit nor apply to the referral of patients to any entity or facility providing designated health services if there is no entity or facility of reasonable quality, price, or service in the community, alternative financing is not reasonably available, and all the following requirements are met:
(1)
No health care provider shall be required to make referrals or otherwise generate business as a condition for becoming or remaining an investor, and all other individuals are given a bona fide opportunity to invest in the facility on the same terms as a referring health care provider;
(2)
The facility shall not loan funds nor guarantee loans for referring health care providers, nor shall the income from the investment be based on the volume of referrals made by the health care provider;
(3)
The health care provider complies with Code Section
43-1B-5
, requiring disclosure of the investment interest to the patient; and
(4)
The facility shall provide uncompensated health services for indigent or charity patients at a standard which meets or exceeds 3 percent of the gross revenues of the facility after provisions for bad debts and third-party adjustments have been deducted. The services offered shall be reasonably financially accessible to the residents of the facility's service area.
(b)
The provisions of this Code section shall be regulated by the state Department of Community Health.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1B - PATIENT SELF-REFERRAL (§§ 43-1B-1 — 43-1B-8) › Section 43-1B-7 - [Repealed] Exception for physicians treating workers' compensation claimants

Repealed by 2006 Ga. Laws 696,§ 5, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1B - PATIENT SELF-REFERRAL (§§ 43-1B-1 — 43-1B-8) › Section 43-1B-8 - Exception for health care providers with interest in health service regulated by federal law

Notwithstanding the provisions of this chapter, this chapter shall not apply to any health care provider or to any designated health service if the financial interest of such health care provider in such designated health service is restricted or regulated pursuant to any federal law which is applicable to such health care provider or designated health service and which covers private paying patients as well as medicare or Medicaid patients.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1C - PROFESSIONAL REGULATION REFORM (§§ 43-1C-1 — 43-1C-3) › Section 43-1C-1 - Short title

This chapter shall be known and may be cited as the "Georgia Professional Regulation Reform Act."
Added by 2016 Ga. Laws 485,§ 2, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1C - PROFESSIONAL REGULATION REFORM (§§ 43-1C-1 — 43-1C-3) › Section 43-1C-2 - Definitions

As used in this chapter, the term:
(1)
"Governor" means the Governor of the State of Georgia or his or her designee.
(2)
"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, including all boards, bureaus, commissions, or other agencies established pursuant to this title or Chapter 4 of Title 26; provided, however, that such term shall not include the State Bar of Georgia.
(3)
"Rule" means a regulation, standard, or statement of general applicability, whether formal or informal, that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of any professional licensing board. Such term shall include the amendment or repeal of a prior rule but shall not include statements of policy or interpretation made as part of a decision in a contested case.
Added by 2016 Ga. Laws 485,§ 2, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 1C - PROFESSIONAL REGULATION REFORM (§§ 43-1C-1 — 43-1C-3) › Section 43-1C-3 - Executive oversight of professional licensing boards

(a)
The Governor shall have the authority and duty to actively supervise the professional licensing boards of this state to ensure that their actions are consistent with clearly articulated state policy and shall therefore have the authority and duty to:
(1)
Review and, in writing, approve or veto any rule before it is filed in the office of the Secretary of State if such rule is required to be filed in the office of the Secretary of State by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," or before such rule becomes effective, if filing is not required;
(2)
Review and, in writing, approve or veto any rule that is:
(A)
Challenged via an appeal to the Governor after the denial of a petition filed pursuant to Code Section
50-13-9
; or
(B)
Submitted by a professional licensing board for review by the Governor;
(3)
Review and, in writing, approve, remand, modify, or reverse any action by a professional licensing board that is:
(A)
Challenged via an appeal to the Governor; or
(B)
Submitted by a professional licensing board for review by the Governor; and
(4)
Promulgate any regulations or executive orders necessary to effectuate the provisions of this chapter, including regulations or orders relating to the process, procedures, and timelines that will govern any appeal or submission filed in accordance with this Code section.
(b)
Any review undertaken by the Governor pursuant to subsection (a) of this Code section shall be fully completed within 90 days.
(c)
Nothing in this Code section shall be interpreted to subject the Governor to any of the administrative procedures of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Added by 2016 Ga. Laws 485,§ 2, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 2 - AUDIT OF REGULATORY AGENCIES (§§ 43-2-1 — 43-2-5) › Section 43-2-1 - Legislative findings; purpose of chapter

The General Assembly finds that the effectiveness of many regulatory agencies which have been created in this state needs to be evaluated. It is the purpose of this chapter to establish a procedure for the review of regulatory agencies to increase their effectiveness and efficiency.