05 LC 33
0652
House
Bill 288
By:
Representatives Parsons of the
42nd,
Wilkinson of the
52nd,
Graves of the
137th,
and Wix of the
33rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 8 of Chapter 34 of Title 43 of the Official Code of Georgia
Annotated, relating to orthotics and prosthetics practice, as such article was
enacted by an Act approved May 16, 2002 (Ga. L. 2002, p. 1273), which Act
becomes effective July 1 of the fiscal year following the year in which a
specific appropriation of funds is made for purposes of implementing such
article, so as to change certain provisions relating to construction of the
article; to change certain provisions relating to supervision of assistants and
technicians; to provide for related matters; to provide for effective dates; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
8 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating
to orthotics and prosthetics practice, as such article was enacted by an Act
approved May 16, 2002 (Ga. L. 2002, p. 1273), which Act becomes effective July 1
of the fiscal year following the year in which a specific appropriation of funds
is made for purposes of implementing such article, is amended in Code Section
43-34-193, relating to construction of the article, by striking paragraph (12)
and inserting in its place the following:
"(12)
Employees or authorized representatives of an orthotic manufacturer from
engaging in one or more of the following: evaluating, adjusting, measuring,
designing, fabricating, assembling, fitting, servicing, training, repairing,
replacing, or delivering an orthotic device under the order, direction, or
prescription of a physician or health provider operating within his or her
licensed scope of practice
and meeting
the criteria of the Part II Policy and Procedures for Orthotics and Prosthetics
Services pursuant to Title XIX of the federal Social Security Act, as
amended."
SECTION
2.
Said
article, as such article was enacted by an Act approved May 16, 2002 (Ga. L.
2002, p. 1273), which Act becomes effective July 1 of the fiscal year following
the year in which a specific appropriation of funds is made for purposes of
implementing such article, is further amended in Code Section 43-34-197,
relating to supervision of assistants and technicians, by striking subsection
(b) and inserting in its place the following:
"(b)
No person shall work as a technician unless the work is performed under the
supervision
direction
of a person licensed under this
article, which
shall not require direct
supervision."
SECTION
3.
(a)(1)
For purposes of promulgating rules and regulations, Sections 1 and 2 of this Act
shall become effective on July 1 of the fiscal year in which this Act becomes
effective as provided by paragraph (3) of this subsection.
(2)
For all other purposes, Sections 1 and 2 of this Act shall become effective July
1 of the fiscal year following the year in which this Act becomes effective as
provided by paragraph (3) of this subsection.
(3)
Sections 1 and 2 of this Act shall become effective only upon the specific
appropriation of funds for purposes of said sections of this Act, including
without limitation those positions necessary for implementation, as expressed in
an appropriations Act enacted by the General Assembly.
(b)
All sections of this Act other than Sections 1 and 2 shall become effective July
1, 2005.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.