reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 24A - MASSAGE THERAPY (§§ 43-24A-1 — 43-24A-33) › Article 1 - GEORGIA MASSAGE THERAPY PRACTICE ACT (§§ 43-24A-1 — 43-24A-24) › Section 43-24A-16 - Practice of massage therapy without a license; injunctions

The practice of massage therapy is declared to be an activity that affects the public health, safety, and welfare of Georgians. Such practice by a person who is not licensed to practice massage therapy in this state is declared to be a public nuisance, harmful to the public health, safety, and welfare. Any citizen of this state, the board, or the appropriate prosecuting attorney of a jurisdiction where such practice is carried on by such unlicensed person may, on behalf of the public, bring an action to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides or works. It shall not be necessary in order to obtain an injunction under this Code section to allege or prove that there is no adequate remedy at law or to allege or prove any special injury.
Amended by 2019 Ga. Laws 213,§ 1, eff. 5/6/2019.
Added by 2005 Ga. Laws 391,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 24A - MASSAGE THERAPY (§§ 43-24A-1 — 43-24A-33) › Article 1 - GEORGIA MASSAGE THERAPY PRACTICE ACT (§§ 43-24A-1 — 43-24A-24) › Section 43-24A-17 - Disciplinary action

(a)
The board may take any one or more of the following actions against a person, entity, or board recognized massage therapy educational program found by the board to have committed a violation of this chapter:
(1)
Reprimand or place the licensee on probation;
(2)
Revoke or suspend the license or deny the issuance or renewal of a license;
(3)
Impose an administrative fine not to exceed $500.00 for each violation; and
(4)
Assess costs against the violator for expenses relating to the investigation and administrative action.
(b)
The board may assess collection costs and interest for the collection of fines imposed under this chapter against any person, entity, or board recognized massage therapy educational program that fails to pay a fine as directed by the board.
Amended by 2019 Ga. Laws 213,§ 1, eff. 5/6/2019.
Amended by 2010 Ga. Laws 444,§ 4, eff. 7/1/2010.
Added by 2005 Ga. Laws 391,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 24A - MASSAGE THERAPY (§§ 43-24A-1 — 43-24A-33) › Article 1 - GEORGIA MASSAGE THERAPY PRACTICE ACT (§§ 43-24A-1 — 43-24A-24) › Section 43-24A-18 - Administrative procedures

Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Amended by 2019 Ga. Laws 213,§ 1, eff. 5/6/2019.
Added by 2005 Ga. Laws 391,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 24A - MASSAGE THERAPY (§§ 43-24A-1 — 43-24A-33) › Article 1 - GEORGIA MASSAGE THERAPY PRACTICE ACT (§§ 43-24A-1 — 43-24A-24) › Section 43-24A-20 - Continuing education requirements

(a)
The board shall establish continuing education requirements not to exceed 25 hours per biennium in massage therapy, its complementary methods as defined by the board, or any of the modalities described in paragraphs (5) through (8) of subsection (a) of Code Section
43-24A-19
. The board shall by rule establish criteria for the approval of continuing education programs or courses. The programs or courses approved by the board may include correspondence courses that meet the requirements for continuing education programs or courses.
(b)
Continuing education requirements or credits used for license renewal shall be approved by the board and provided by an instructor approved by and in good standing with a national massage therapy certifying organization or entity approved by the board.
Amended by 2022 Ga. Laws 808,§ 2, eff. 7/1/2022.
Amended by 2019 Ga. Laws 213,§ 1, eff. 5/6/2019.
Added by 2005 Ga. Laws 391,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 24A - MASSAGE THERAPY (§§ 43-24A-1 — 43-24A-33) › Article 1 - GEORGIA MASSAGE THERAPY PRACTICE ACT (§§ 43-24A-1 — 43-24A-24) › Section 43-24A-21 - Proceedings for a restraining order, injunction, or writ of mandamus

As cumulative to any other remedy or criminal prosecution, the board may file a proceeding in the name of the state seeking issuance of a restraining order, injunction, or writ of mandamus against any person, entity, or board recognized massage therapy educational program that is or has been violating any of the provisions of this chapter or the lawful rules or orders of the board.
Amended by 2019 Ga. Laws 213,§ 1, eff. 5/6/2019.
Added by 2005 Ga. Laws 391,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 24A - MASSAGE THERAPY (§§ 43-24A-1 — 43-24A-33) › Article 1 - GEORGIA MASSAGE THERAPY PRACTICE ACT (§§ 43-24A-1 — 43-24A-24) › Section 43-24A-22 - Local regulation

(a)
This chapter shall not be construed to prohibit a county or municipality from enacting any regulation of persons not licensed pursuant to this chapter. Any place of business where massage therapy for compensation is performed shall also be subject to any regulation by local governing authorities which elect to enact regulations in accordance with this chapter.
(b)
No provision of any ordinance enacted by a county, municipality, or other local jurisdiction that requires an individual professional license by such county, municipality, or local jurisdiction of a massage therapist may be enforced against a person who is issued a license by the board under this chapter.
Amended by 2019 Ga. Laws 213,§ 1, eff. 5/6/2019.
Amended by 2010 Ga. Laws 444,§ 5, eff. 7/1/2010.
Added by 2005 Ga. Laws 391,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 24A - MASSAGE THERAPY (§§ 43-24A-1 — 43-24A-33) › Article 1 - GEORGIA MASSAGE THERAPY PRACTICE ACT (§§ 43-24A-1 — 43-24A-24) › Section 43-24A-23 - Taxation as a health care activity

Notwithstanding any provision of law to the contrary, the act of a duly licensed massage therapist in performing a massage shall be deemed to be the act of a health care professional and shall not be subject to the collection of any form of state or local taxation regulations or fees not also imposed on other licensed health care professionals.
Amended by 2019 Ga. Laws 213,§ 1, eff. 5/6/2019.
Added by 2005 Ga. Laws 391,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 24A - MASSAGE THERAPY (§§ 43-24A-1 — 43-24A-33) › Article 1 - GEORGIA MASSAGE THERAPY PRACTICE ACT (§§ 43-24A-1 — 43-24A-24) › Section 43-24A-24 - Fines and punishments for violations

(a)
Any person, entity, or board recognized massage therapy educational program that acts in violation of Code Section
43-24A-15
, upon conviction thereof, shall be punished as provided in this Code section.
(b)
Each act of unlawful practice under this Code section shall constitute a distinct and separate offense.
(c)
Upon being convicted a first time under this Code section, such person, entity, or board recognized massage therapy educational program shall be guilty of and shall be punished as for a misdemeanor for each offense which is punishable by a fine of not less than $500.00 nor more than $5,000.00. Upon being convicted a second time under this Code section, such person, entity, or board recognized massage therapy educational program shall be guilty of and shall be punished as for a misdemeanor of a high and aggravated nature punishable by a fine of not less than $5,000.00 nor more than $10,000.00, or imprisonment for not less than six months nor more than one year, at the discretion of the court. Upon being convicted a third or subsequent time under this Code section, such person, entity, or board recognized massage therapy educational program shall be guilty of a felony and shall be punished by a fine of not more than $25,000.00 for each offense, imprisonment for not less than one nor more than five years, or both, and shall be precluded from owning, operating, or working for or with an entity that offers massage therapy.
Amended by 2019 Ga. Laws 213,§ 1, eff. 5/6/2019.
Amended by 2010 Ga. Laws 444,§ 6, eff. 7/1/2010.
Added by 2005 Ga. Laws 391,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 24A - MASSAGE THERAPY (§§ 43-24A-1 — 43-24A-33) › Article 2 - LOCAL REGULATION OF MASSAGE THERAPY BUSINESSES (§§ 43-24A-30 — 43-24A-33) › Section 43-24A-30 - Licensing or regulation of massage therapy businesses; limitation on naming and labels

(a)
A county, municipality, or other local jurisdiction may by ordinance or resolution license or regulate massage therapy businesses. Any ordinance or resolution adopted pursuant to this subsection may include, but is not limited to, at least the following requirements on such businesses:
(1)
Current liability insurance coverage for bodily injury, property damage, and professional liability for the massage therapy business;
(2)
Compliance with state and local fire and safety requirements;
(3)
Provision for extermination of vermin, insects, termites, and rodents in any property or location used by the massage therapy business;
(4)
Maintenance of equipment in a safe and sanitary condition;
(5)
Adequate toilet and lavatory facilities with running water, toilet tissue, soap dispenser with soap or other hand-cleansing materials, sanitary towels or other hand drying devices, waste receptacles, and adequate lighting and ventilation sufficient to remove objectionable odors on the premises of the business or entity or within reasonable proximity to such business or entity when it is located in a space or facilities also used by other businesses;
(6)
Adequate and sanitary shower facilities if the massage therapy business maintains a whirlpool bath, sauna, hot tub, spa, steam cabinet, or steam room, including soap and sanitary cloth towels and adequate lighting and ventilation;
(7)
Prequalification processes, state licensure checks, interviews, or other procedures prior to approval of application for a business license for a person or entity proposing to offer massage therapy services or for a massage therapy business;
(8)
Requirement that a licensed massage therapist is present on the premises of a massage therapy business at any time when massage therapy is being performed for a client of the massage therapy business; and
(9)
Evidence of license to practice massage therapy.
(b)
A county, municipality, or other local jurisdiction may limit or prohibit a massage therapy business from using labels or names including the words "spa establishment," "massage parlor," "personal service," or "adult entertainment."
Amended by 2019 Ga. Laws 213,§ 1, eff. 5/6/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 24A - MASSAGE THERAPY (§§ 43-24A-1 — 43-24A-33) › Article 2 - LOCAL REGULATION OF MASSAGE THERAPY BUSINESSES (§§ 43-24A-30 — 43-24A-33) › Section 43-24A-31 - Prohibited elements of ordinance or regulation; no prohibition on impeding practice

(a)
A county, municipality, or other local jurisdiction that licenses or regulates massage therapy businesses may not adopt any ordinance or regulation that includes any of the following:
(1)
Conditions or requirements required as of July 1, 2019, for licensure as a massage therapist under this chapter, including, but not limited to, criminal background checks, education, and training; provided, however, that a county, municipality, or other local jurisdiction may require a criminal background check of any employee, independent contractor, or other person working on the premises of a massage therapy business who is not a licensed massage therapist; provided, further, that a county, municipality, or other local jurisdiction may require evidence of licensure pursuant to paragraph (9) of subsection (a) of Code Section
43-24A-30
;
(2)
Limitations on the location of a massage therapy business relating to its proximity to other massage therapy businesses that directly or indirectly prohibit massage therapy businesses from locating in the jurisdiction;
(3)
Prohibition of off-premises or mobile services by a licensed massage therapist;
(4)
Limitations on the operation of the massage therapy business from engaging licensed massage therapists as contractors of such business or lessees of the premises of the massage therapy business for the performance of massage therapy; or
(5)
Conditions or requirements that are in any manner inconsistent with the federal Health Insurance Portability and Accountability Act of 1996.
(b)
A county, municipality, or other local jurisdiction shall not impose any requirements relating to massage therapy for the purpose of impeding the lawful practice of massage therapy pursuant to this chapter.
Amended by 2019 Ga. Laws 213,§ 1, eff. 5/6/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 24A - MASSAGE THERAPY (§§ 43-24A-1 — 43-24A-33) › Article 2 - LOCAL REGULATION OF MASSAGE THERAPY BUSINESSES (§§ 43-24A-30 — 43-24A-33) › Section 43-24A-32 - Regulation and licensing of other businesses

Nothing in this article shall prohibit a county, municipality, or other local jurisdiction from:
(1)
Licensing or regulating other businesses that are not massage therapy businesses;
(2)
Enacting advertising restrictions on massage therapy businesses to protect the public; provided, however, that this shall not include any restrictions on the content of advertising beyond what is included in Code Section
43-24A-15
;
(3)
Inspecting massage therapy businesses; provided, however, that this shall not be construed to authorize the review of client records protected by the federal Health Insurance Portability and Accountability Act of 1996; or
(4)
Prohibiting and prosecuting illicit, immoral, prurient, or illegal activities or sexual activity in the operation or on the premises of a massage therapy business.
Amended by 2019 Ga. Laws 213,§ 1, eff. 5/6/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 24A - MASSAGE THERAPY (§§ 43-24A-1 — 43-24A-33) › Article 2 - LOCAL REGULATION OF MASSAGE THERAPY BUSINESSES (§§ 43-24A-30 — 43-24A-33) › Section 43-24A-33 - Enforcement by prosecuting attorney; issuance of injunctions

(a)
The appropriate prosecuting attorney may cause appropriate proceedings to be commenced in order to enforce the provisions of this article.
(b)
The board, in addition to the remedies set forth in this chapter, may bring an action in a court of competent jurisdiction to enjoin violations of this article. Such injunction may be issued by such court notwithstanding the existence of an adequate remedy at law.
Amended by 2019 Ga. Laws 213,§ 1, eff. 5/6/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25 - OPERATORS OF MOTOR VEHICLE RACETRACKS (§§ 43-25-1 — 43-25-10) › Section 43-25-1 - "Motor vehicle" defined

As used in this chapter, the term "motor vehicle," shall not be construed to include any motorcycle or other two-wheeled, self-propelled vehicle, nor shall it be construed to include any motor vehicle weighing less than 500 pounds.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25 - OPERATORS OF MOTOR VEHICLE RACETRACKS (§§ 43-25-1 — 43-25-10) › Section 43-25-2 - Requirement of license for persons conducting motor vehicle races

It shall be unlawful for any person, firm, or corporation to operate or conduct any motor vehicle race on any permanent racetrack or other place where such races are to be held unless there shall first be obtained a license to operate or conduct such races from the Safety Fire Commissioner.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25 - OPERATORS OF MOTOR VEHICLE RACETRACKS (§§ 43-25-1 — 43-25-10) › Section 43-25-3 - Application for license; fee

Application for a license to operate or conduct a racetrack or other place for the holding of motor vehicle races or exhibitions shall be made in writing to the Safety Fire Commissioner on a form prescribed by or furnished by the Safety Fire Commissioner. The application form shall require a full and complete address of the track or other place desired to be licensed, the name and address of the licensee, and the name and address of the promoter of such race or exhibition and shall contain such further information as the Safety Fire Commissioner may require in order to comply with Code Section
43-25-4
. Such application shall be accompanied by a nonrefundable fee of $150.00.
Amended by 2010 Ga. Laws 360,§ 1-83, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25 - OPERATORS OF MOTOR VEHICLE RACETRACKS (§§ 43-25-1 — 43-25-10) › Section 43-25-4 - Compliance with Safety Fire Commissioner's regulations; insurance or bond

No license for operating or conducting a motor vehicle racetrack shall be issued by the Safety Fire Commissioner until the applicant has complied with the rules and regulations of the Safety Fire Commissioner pursuant to Code Section
43-25-8
and has a valid public liability insurance policy with minimum limits of $1 million per accident and $100,000.00 per person per accident, or $1 million combined single limit, or in lieu thereof a valid public liability bond in like amount. The policy or bond shall be designed to provide coverage for the protection of the licensee from any legal liability arising out of bodily injury, including death, to any member of the general public, resulting from any racing event. The insurance policy or bond shall not be designed to provide coverage for bodily injuries or death of drivers of motor vehicles which are engaged in any race, any pit area personnel, or any person who is involved in the conduct of a race. The policy or bond shall be written by a company which is licensed to do business in this state or which is considered to be acceptable by the Safety Fire Commissioner.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25 - OPERATORS OF MOTOR VEHICLE RACETRACKS (§§ 43-25-1 — 43-25-10) › Section 43-25-5 - Cancellation of insurance or bonds

No insurance policy or bond may be canceled for any reason unless and until the Safety Fire Commissioner has received notice by certified or registered letter, return receipt requested, that the policy or bond is going to be canceled effective on a date at least 14 days from the date such notice is received by the Safety Fire Commissioner.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25 - OPERATORS OF MOTOR VEHICLE RACETRACKS (§§ 43-25-1 — 43-25-10) › Section 43-25-6 - Duration of licenses

All licenses granted by the Safety Fire Commissioner pursuant to this chapter shall expire December 31 of each year.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25 - OPERATORS OF MOTOR VEHICLE RACETRACKS (§§ 43-25-1 — 43-25-10) › Section 43-25-7 - Suspension or revocation of licenses

The Safety Fire Commissioner is authorized to suspend or revoke the license of any person who operates or conducts motor vehicle races or exhibitions without complying with this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25 - OPERATORS OF MOTOR VEHICLE RACETRACKS (§§ 43-25-1 — 43-25-10) › Section 43-25-8 - Promulgation of rules and regulations by Safety Fire Commissioner

The Safety Fire Commissioner is authorized and directed to create and promulgate rules and regulations which are to be designed to prevent injury and loss of life to spectators while they are observing and viewing motor vehicles engaged in contests of speed or endurance. Such rules and regulations shall provide for certificates of occupancy; periodic inspections by fire inspectors and other experts; corrections of deficiencies in racetrack facilities; standards for grandstands; guardrails; spectator areas; nonspectator areas; flagmen; track surfaces; fences; ambulance service; access highways or roads; fire extinguishers and other fire suppression equipment and personnel; plans for fire evacuation; accident reporting; damage reporting; storage of flammable and combustible liquids; restricted areas; concession areas; and such other areas of coverage as, in the opinion of the Safety Fire Commissioner, are deemed necessary.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25 - OPERATORS OF MOTOR VEHICLE RACETRACKS (§§ 43-25-1 — 43-25-10) › Section 43-25-9 - Reports of damage to guardrails, posts, or other safety devices

The owner or lessee of any real property upon which exists a motor vehicle racetrack or other place subject to this chapter shall inform the Safety Fire Commissioner within ten days of any damage caused to any guardrail, post, or other device which has for its purpose the prevention of injury or loss of life to spectators at the racetrack or other place. Until any such damage is repaired and the repairs are approved by fire inspectors, there shall be no racing or endurance event permitted on such racetrack or other place.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25 - OPERATORS OF MOTOR VEHICLE RACETRACKS (§§ 43-25-1 — 43-25-10) › Section 43-25-10 - Penalty

Any person who violates any provision of this chapter shall be guilty of a misdemeanor of a high and aggravated nature.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25A - LICENSURE OF MUSIC THERAPISTS (§§ 43-25A-1 — 43-25A-8) › Section 43-25A-2 - Creation of Music Therapy Advisory Group; membership; terms; service

(a)
There is created within the office of the Secretary of State a Music Therapy Advisory Group which shall consist of five members.
(b)
The Secretary shall appoint all members of the advisory group. The advisory group shall consist of persons familiar with the practice of music therapy to provide the Secretary with expertise and assistance in carrying out his or her duties pursuant to this chapter.
(c)
The Secretary shall appoint members of the advisory group to serve for terms of four years. The Secretary shall appoint three members who practice as music therapists in this state; one member who is a licensed health care provider who is not a music therapist; and one member who is a consumer.
(d)
Members shall serve without compensation.
(e)
Members may serve consecutive terms at the will of the Secretary. Any vacancy shall be filled in the same manner as the regular appointments.
Added by 2012 Ga. Laws 705,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25A - LICENSURE OF MUSIC THERAPISTS (§§ 43-25A-1 — 43-25A-8) › Section 43-25A-3 - Meetings; public education; consultation

(a)
The advisory group shall meet at least once per year or as otherwise called by the Secretary.
(b)
The Secretary shall consult with the advisory group prior to setting or changing fees in this chapter.
(c)
The advisory group may facilitate the development of materials that the Secretary may utilize to educate the public concerning music therapist licensure, the benefits of music therapy, and utilization of music therapy by individuals and in facilities or institutional settings.
(d)
The advisory group may act as a facilitator of state-wide dissemination of information between music therapists, the American Music Therapy Association or any successor organization, the Certification Board for Music Therapists or any successor organization, and the Secretary.
(e)
The advisory group shall provide analysis of disciplinary actions taken, appeals and denials, or revocation of licenses at least once per year.
(f)
The Secretary shall seek the advice of the advisory group for issues related to music therapy.
Added by 2012 Ga. Laws 705,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25A - LICENSURE OF MUSIC THERAPISTS (§§ 43-25A-1 — 43-25A-8) › Section 43-25A-4 - Use of title "music therapist."

After January 1, 2014, no person without a license as a music therapist shall use the title "music therapist" or similar title, or perform the duties of a music therapist, provided that this chapter shall not prohibit any practice of music therapy that is an integral part of a program of study for students enrolled in an accredited music therapy program. Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of any profession including occupational therapists, speech-language pathologists, physical therapists, or audiologists that may also use music in the scope of their practice.
Added by 2012 Ga. Laws 705,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25A - LICENSURE OF MUSIC THERAPISTS (§§ 43-25A-1 — 43-25A-8) › Section 43-25A-5 - Application for music therapy license

The Secretary shall issue a license to an applicant for a music therapy license when such applicant has completed and submitted an application upon a form and in such manner as the Secretary prescribes, accompanied by applicable fees, and evidence satisfactory to the Secretary that:
(1)
The applicant is at least 18 years of age;
(2)
The applicant holds a bachelor's degree or higher in music therapy, or its equivalent, from a program approved by the American Music Therapy Association or any successor organization within an accredited college or university;
(3)
The applicant successfully completes a minimum of 1,200 hours of clinical training, with at least 180 hours in preinternship experiences and at least 900 hours in internship experiences, provided that the internship shall be approved by an academic institution, the American Music Therapy Association or any successor organization, or both;
(4)
The applicant is in good standing based on a review of the applicant's music therapy licensure history in other jurisdictions, including a review of any alleged misconduct or neglect in the practice of music therapy on the part of the applicant;
(5)
The applicant provides proof of passing the examination for board certification offered by the Certification Board for Music Therapists or any successor organization or provides proof of being transitioned into board certification, and provides proof that the applicant is currently a board certified music therapist; and
(6)
The applicant has satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the Secretary. Application for a license under this Code section shall constitute express consent and authorization for the Secretary or his or her representative to perform a criminal background check. Each applicant who submits an application to the Secretary for licensure by examination agrees to provide the Secretary with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check.
Added by 2012 Ga. Laws 705,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25A - LICENSURE OF MUSIC THERAPISTS (§§ 43-25A-1 — 43-25A-8) › Section 43-25A-6 - Biennial renewal of license; address changes; failure to renew; inactive status of license

(a)
Every license issued under this chapter shall be renewed biennially. A license shall be renewed upon payment of a renewal fee if the applicant is not in violation of any of the terms of this chapter at the time of application for renewal. The following shall also be required for license renewal:
(1)
Proof of maintenance of the applicant's Certification Board for Music Therapists credentials; and
(2)
Proof of completion of a minimum of 40 hours of continuing education in a program approved by the Certification Board of Music Therapists or any successor organization and any other continuing education requirements established by the Secretary.
(b)
A licensee shall inform the Secretary of any changes to his or her address. Each licensee shall be responsible for timely renewal of his or her license.
(c)
Failure to renew a license shall result in forfeiture of the license. Licenses that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license, and the Secretary may require the individual to reapply for licensure as a new applicant.
(d)
Upon written request of a licensee, the Secretary may place an active license on an inactive status subject to an inactive status fee established by the Secretary. The licensee, upon request and payment of the inactive license fee, may continue on inactive status for a period up to two years. An inactive license may be reactivated at any time by making a written request to the Secretary and by fulfilling requirements established by the Secretary.
Added by 2012 Ga. Laws 705,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25A - LICENSURE OF MUSIC THERAPISTS (§§ 43-25A-1 — 43-25A-8) › Section 43-25A-7 - Limited waiver of examination

The Secretary shall waive the examination requirement for an applicant until January 1, 2014, who is:
(1)
Certified as a music therapist and in good standing with the Certification Board for Music Therapists; or
(2)
Designated as a registered music therapist, certified music therapist, or advanced certified music therapist and in good standing with the National Music Therapy Registry.
Added by 2012 Ga. Laws 705,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 25A - LICENSURE OF MUSIC THERAPISTS (§§ 43-25A-1 — 43-25A-8) › Section 43-25A-8 - Authority of Secretary of State to investigate and act upon conduct

(a)
The Secretary may revoke, suspend, deny, or refuse to issue or renew a license; place a licensee on probation; or issue a letter of admonition upon proof that the licensee:
(1)
Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact;
(2)
Has been convicted of a felony as provided under state law;
(3)
Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under the individual's care;
(4)
Has had a license to practice music therapy suspended or revoked or has otherwise been subject to discipline related to the individual's practice of music therapy in any other jurisdiction;
(5)
Has committed a fraudulent insurance act;
(6)
Excessively or habitually uses alcohol or drugs, provided that the Secretary shall not discipline an individual under this paragraph if the individual is enrolled in a substance abuse program approved by the office; or
(7)
Has a physical or mental disability that renders the individual incapable of safely administering music therapy services.
(b)
The Secretary is authorized to conduct investigations into allegations of conduct described in subsection (a) of this Code section.
(c)
In addition to suspension, revocation, denial, or refusal to renew a license, the Secretary shall fine a person found to have violated any provision of this chapter or any rule adopted by the Secretary under this chapter not less than $100.00 nor more than $1,000.00 for each violation.
(d)
The provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," shall be applicable to the Secretary of State and the provisions of this chapter.
Added by 2012 Ga. Laws 705,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 1 - GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT (§§ 43-26-1 — 43-26-13) › Section 43-26-1 - Short title

This article shall be known and may be cited as the "Georgia Registered Professional Nurse Practice Act."
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 1 - GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT (§§ 43-26-1 — 43-26-13) › Section 43-26-2 - Legislative intent

The purpose of this article is to protect, promote, and preserve the public health, safety, and welfare through legislative regulation and control of registered professional nursing education and practice. This article ensures that any person practicing or offering to practice nursing or using the title registered professional nurse, as defined in this article, within the State of Georgia, shall be licensed as provided in this article.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 1 - GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT (§§ 43-26-1 — 43-26-13) › Section 43-26-4 - Georgia Board of Nursing; membership; meetings; officers

(a)
The Georgia Board of Nursing existing immediately prior to July 1, 2014, is continued in existence and shall be constituted as provided in this Code section. Those persons serving as members of the board immediately prior to July 1, 2014, shall continue to serve out their respective terms of office and until their successors are appointed. Members shall serve three-year terms and until their successors are duly appointed and qualified. No member shall be appointed to more than two consecutive full terms, and for purposes of this limitation, an appointment to fill a vacancy for an unexpired term of two or more years shall constitute an appointment for a full term.
(b)
A vacancy on the board for any reason other than expiration of the term shall be filled for the remainder of the unexpired term by appointment of the Governor with the confirmation of the Senate. In the event a board member changes employment which causes a conflict with this Code section, the position of the member making such change shall be immediately vacant and a new member appointed to fill the vacancy.
(c)
The 13 members of the board shall be appointed by the Governor with the confirmation of the Senate and shall consist of two registered nursing educators, one practical nursing educator, two registered nurses employed in nursing service administration, one registered nurse employed in nursing home administration or nursing service administration, two advanced practice registered nurses, one additional registered nurse, three licensed practical nurses, and one consumer member.
(d)
The board shall meet annually and shall elect from its members a president, vice president, and other officers as deemed necessary. All officers shall serve for terms of one year and until their successors have been elected. The board may hold such other meetings during the year as necessary to transact its business.
Amended by 2013 Ga. Laws 200,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 1 - GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT (§§ 43-26-1 — 43-26-13) › Section 43-26-6 - Use of certain titles and abbreviations by licensed nurses

(a)
Any person who is licensed as a registered professional nurse shall have the right to use the title "registered professional nurse" and the abbreviation "R.N." Any person recognized by the board as an advanced practice registered nurse shall have the right to use the title "advanced practice registered nurse" and the abbreviation "A.P.R.N." No other person shall assume such titles or use such abbreviations or any other words, letters, signs, or symbols to indicate that such person is a registered professional nurse or an advanced practice registered nurse in Georgia. Nothing in this subsection shall be construed to repeal the right of any person who is licensed as a registered professional nurse or recognized by the board as an advanced practice registered nurse on June 30, 2006, to be licensed and to use the title "registered professional nurse" or to use the title "advanced practice registered nurse," respectively.
(b)
Any person holding a license to practice nursing as a licensed undergraduate nurse, which license was issued by the board and valid on July 1, 1975, shall be deemed to be licensed to practice nursing as a licensed undergraduate nurse under this article and shall have the right to use the title "licensed undergraduate nurse" and the abbreviation "L.U.N." No other person shall assume such title or use such abbreviation or any other words, letters, signs, or symbols to indicate that such person is licensed to practice nursing as a licensed undergraduate nurse. After July 1, 1975, there shall be no new certificates issued for licensure to practice nursing as a licensed undergraduate nurse.
(c)
Any person who is licensed as a registered professional nurse shall identify that he or she is so licensed by displaying either the title "registered professional nurse" or "registered nurse," the abbreviation "R.N.," the title "advanced practice registered nurse," or the abbreviation "A.P.R.N." on a name tag or other similar form of identification during times when such person is providing direct patient care. An advanced practice registered nurse shall meet the identification requirements of this subsection by displaying the title or abbreviation of his or her area of specialization.
(d)
No person shall use the title "nurse" or any other title or abbreviation that would represent to the public that a person is authorized to practice nursing unless the person is licensed or otherwise authorized under this article or Article 2 of this chapter.
Amended by 2011 Ga. Laws 247,§ 1A, eff. 5/13/2011.
Amended by 2008 Ga. Laws 527,§ 1, eff. 7/1/2008.
Amended by 2007 Ga. Laws 243,§ 2, eff. 7/1/2007.
Amended by 2006 Ga. Laws 463,§ 5, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 1 - GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT (§§ 43-26-1 — 43-26-13) › Section 43-26-8 - Temporary permits

(a)
A temporary permit may be issued to an applicant for licensure by examination, endorsement, or reinstatement in accordance with criteria established by the board.
(b)
A six-month temporary permit may be issued to a graduate of a nontraditional nursing education program that meets the requirements of subsection (e) of Code Section
43-26-7
to practice nursing only as a part of his or her board approved preceptorship. A temporary permit issued pursuant to this subsection may be renewed only one time for an additional six-month period.
Amended by 2010 Ga. Laws 624,§ 43, eff. 6/3/2010.
Amended by 2009 Ga. Laws 60,§ 3, eff. 4/29/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 1 - GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT (§§ 43-26-1 — 43-26-13) › Section 43-26-9 - Biennial renewal of licenses; continuing competency requirements; voluntary surrender or failure to renew license; restoration and reissuance of license

(a)
Licenses issued under this article shall be renewed biennially according to schedules and fees approved by the board.
(b)
A renewed license shall be issued to a registered professional nurse, advanced practice registered nurse, or licensed undergraduate nurse who remits the required fee and complies with requirements established by the board.
(c)
Beginning with the 2016 license renewal cycle, an applicant for license renewal as a registered professional nurse under this article shall meet one of the following continuing competency requirements during the previous licensure period:
(1)
Completion of 30 continuing education hours by a board approved provider;
(2)
Maintenance of certification or recertification by a national certifying body recognized by the board;
(3)
Completion of an accredited academic program of study in nursing or a related field, as recognized by the board;
(4)
Verification of competency by a health care facility or entity licensed under Chapter 7 of Title 31 or operated exclusively by the federal government or any of its agencies or by a physician's office that is part of a health system and at least 500 hours practiced as evidenced by employer certification on a form approved by the board; or
(5)
Other activities as prescribed and approved by the board that show competency in the nursing field. Failure to meet the minimum continuing competency requirement for renewal of a license shall be grounds for denial of a renewal application. The board may waive or modify the requirements contained in this subsection in cases of hardship, disability, or illness or under such other circumstances as the board, in its discretion, deems appropriate. An applicant who is renewing a license for the first time shall not be required to meet the requirements of this subsection until the time of the second renewal if the applicant's initial license period is six months or less.
(d)
The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement at the discretion of the board. The board may restore and reissue a license and, as a condition thereof, may impose any disciplinary sanction provided by Code Section
43-1-19
or
43-26-11
.
Amended by 2024 Ga. Laws 486,§ 2-3, eff. 7/1/2024.
Amended by 2023 Ga. Laws 225,§ 1, eff. 7/1/2023.
Amended by 2013 Ga. Laws 266,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 1 - GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT (§§ 43-26-1 — 43-26-13) › Section 43-26-9.1 - Inactive status; restoration of inactive license; nurses on inactive status barred from practicing

(a)
A registered professional nurse, subject to rules of the board and on forms prescribed by the board, may request that his or her license be placed on inactive status and to be excused from payment of renewal fees until he or she resumes active status.
(b)
A licensee on inactive status may have his or her license restored by submitting an application to the board on a form prescribed by the board and paying the required restoration fee. The board shall require evidence of competency to resume the practice of nursing as a registered professional nurse in order to restore the license to active status.
(c)
A registered professional nurse or advanced practice registered nurse whose license is on inactive status shall not practice nursing as a registered professional nurse or an advanced practice registered nurse in this state.
Added by 2013 Ga. Laws 266,§ 2, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 1 - GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT (§§ 43-26-1 — 43-26-13) › Section 43-26-10 - Practicing as a registered professional nurse without a license prohibited

It shall be a misdemeanor for any person, including any corporation, association, or individual, to:
(1)
Practice nursing as a registered professional nurse or advanced practice registered nurse without a valid, current license, except as otherwise permitted under Code Section
43-26-12
;
(2)
Practice nursing as a registered professional nurse or advanced practice registered nurse under cover of any diploma, license, or record illegally or fraudulently obtained, signed, or issued;
(3)
Practice nursing as a registered professional nurse or advanced practice registered nurse during the time the license is suspended, revoked, surrendered, or administratively revoked for failure to renew;
(4)
Use any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a registered professional nurse or advanced practice registered nurse unless such person is duly licensed or recognized by the board so to practice under the provisions of this article;
(5)
Fraudulently furnish a license to practice nursing as a registered professional nurse or advanced practice registered nurse;
(6)
Knowingly employ any person to practice nursing as a registered professional nurse or advanced practice registered nurse who is not a registered professional nurse or advanced practice registered nurse;
(7)
Conduct a nursing education program preparing persons to practice nursing as registered professional nurses unless the program has been approved by the board; or
(8)
Knowingly aid or abet any person to violate this article.
Amended by 2024 Ga. Laws 486,§ 2-4, eff. 7/1/2024.
Amended by 2006 Ga. Laws 463,§ 6, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 1 - GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT (§§ 43-26-1 — 43-26-13) › Section 43-26-11.1 - Administration of anesthesia by certified registered nurse anesthetist

In any case where it is lawful for a duly licensed physician practicing medicine under the laws of this state to administer anesthesia, such anesthesia may be administered by a certified registered nurse anesthetist, provided that such anesthesia is administered under the direction and responsibility of a duly licensed physician.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 1 - GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT (§§ 43-26-1 — 43-26-13) › Section 43-26-13 - Certain information given to the board by licensees

(a)
A licensee may, in lieu of providing his or her home address, provide the board a legitimate business address for purposes of the public information made available by the board with regard to licensed registered professional nurses.
(b)
Notwithstanding any other provision of this chapter, any reference to a rural hospital organization in this chapter shall also include any hospital located in any county that satisfies the definition of rural hospital organization in Code Section
31-8-9.1
.
Amended by 2024 Ga. Laws 486,§ 2-5, eff. 7/1/2024.
Added by 2006 Ga. Laws 463,§ 7, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 2 - LICENSED PRACTICAL NURSES (§§ 43-26-30 — 43-26-43) › Section 43-26-30 - Short title

This article shall be known and may be cited as the "Georgia Practical Nurses Practice Act."
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 2 - LICENSED PRACTICAL NURSES (§§ 43-26-30 — 43-26-43) › Section 43-26-31 - Purpose of article

The purpose of this article is to protect, promote, and preserve the public health, safety, and welfare through regulation and control of practical nursing education and practice. This article ensures that any person practicing or offering to practice practical nursing or using the title "Licensed Practical Nurse," as defined in this article, within the State of Georgia, shall be licensed as provided in this article.