hb729.html

05 LC 33 0833

House Bill 729

By: Representatives Carter of the 159th and Ray of the 136th

A BILL TO BE ENTITLED
AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate the practice of microbial professionals; to provide a short title; to provide legislative findings; to provide definitions; to create the State Licensing Board for Microbial Professionals; to provide for the composition and operation of the board; to provide for board powers and duties; to provide for minimum qualifications for licensure as a microbial professional; to provide for application, fees, and renewals; to provide for denial, suspension, discipline, and revocation of licenses; to provide for a code of professional conduct; to provide for the practice of licensed microbial professionals through the medium of a sole proprietorship, partnership, limited liability company, or corporation; to require licensure of persons engaged in the microbial profession; to provide requirements for the practice of microbial assessment and remediation; to provide for legislative intent relative to funding; to provide for civil actions to enjoin violations of this chapter; to provide for investigations; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by inserting immediately following Chapter 24 a new Chapter 24A to read as follows:

"CHAPTER 24A

43-24A-1.

This chapter shall be known and may be cited as the 'Microbial Professionals Licensing Act.'

43-24A-2.

The General Assembly finds that the presence of mold in dwellings and other structures may produce adverse health effects, cause damage to property, and adversely affect the operation of building systems. The General Assembly further finds that it is necessary in the interests of the public health, safety, and welfare in order to prevent damage to the real and personal property of the residents of this state and to avert economic injury to the residents of this state to regulate individuals that hold themselves out to the public as qualified to perform microbial assessments and microbial remediation.

43-24A-3.

As used in this chapter, the term:

(1) 'Board' means the State Licensing Board for Microbial Professionals established pursuant to Code Section 43-24A-4.

(2) 'License' means a certificate issued by the board to practice microbial assessment, microbial remediation, or both to an individual who satisfies the requirements established for a licensed microbial professional under this chapter and the rules and regulations adopted pursuant to this chapter.

(3) 'Licensed microbial professional' or 'licensee' means an individual licensed under this chapter to engage in the practice of microbial assessment, microbial remediation, or both, as determined by the specific license issued by the board.

(4) 'Microbial assessment' means an inspection, investigation, or survey of a dwelling or other structure, including visual observations, surface sampling, air quality testing, and laboratory analysis, to determine the presence, identification, and evaluation of mold and includes the development of a mold management plan or remediation protocol for the abatement and mitigation of mold.

(5) 'Microbial remediation' means removal, cleaning, sanitizing, demolition, or other treatment in accordance with a mold management plan or remediation protocol, including preventive activities of mold or mold contaminated matter that was not purposely grown at that location.

(6) 'Mold' means an organism of the class Fungi that causes disintegration of organic matter and produces spores. This term includes any spores, hyphae, aflatoxins, and mycotoxins produced by mold.

43-24A-4.

(a) There is created the State Licensing Board for Microbial Professionals, whose duty it shall be to administer this chapter. The board shall be composed of five members, each of whom shall be appointed by the Governor and confirmed by the Senate for a term of five years. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. The five members shall represent the following entities: the Institute of Inspection, Cleaning, and Restoration Certification; the American Industrial Hygiene Association; the American Society of Safety Engineers; the Indoor Air Quality Association; and the Georgia Department of Consumer Affairs.

(b) Members of the board shall serve until their successors are appointed and qualified. Vacancies on the board shall be filled by appointment of a successor for the unexpired term of office by the Governor. Three members shall constitute a quorum for the transaction of any business of the board. The board shall organize by selecting from its members a chairperson and shall do all things necessary and convenient to carry this chapter into effect. The board shall meet at least once a month, or as often as is necessary, and remain in session as long as the chairperson shall deem it necessary to give full consideration to the business before the board. Members of the board or others may be designated by the chairperson of the board, in a spirit of cooperation and coordination, to confer with similar boards of other states, attend interstate meetings, and generally do such acts and things as may seem advisable to the board in the advancement of the profession and the standards of the microbial industry.

(c) The Governor, after giving notice and an opportunity for a hearing, may remove from office any member of the board for any of the following:

(1) Inability to perform or neglecting to perform the duties required of members;

(2) Incompetence; or

(3) Dishonest conduct.

(d) Each member of the board shall be compensated as provided for in subsection (f) of Code Section 43-1-2.

(e) The board, through its chairperson, shall file a written report with the Governor and both houses of the General Assembly on or before the second Tuesday in January of each year. The Governor may request a preliminary report prior to such annual report. The report shall include a summary of all actions taken by the board, a financial report of income and disbursements, staff personnel, and number of persons licensed by the board. The report shall further delineate steps taken in education and research to disseminate information so that all licensees can be better informed in order to protect the public. The board shall also outline a program of education and research for each ensuing year, for which a line appropriation shall be requested.

(f) The board shall not be under the jurisdiction of the director of the professional licensing boards division within the Office of the Secretary of State but shall be an independent state agency attached to the Department of Human Resources for administrative purposes only as provided by Code Section 50-4-3. The board shall have with respect to all matters within its jurisdiction as provided under this chapter the same powers, duties, and functions as professional licensing boards as provided in Chapter 1 of this title.

43-24A-5.

(a) The board shall be authorized and required to:

(1) Establish educational qualifications and fitness requirements for the licensing and registration of those persons actively engaged in the fields of microbial assessment and microbial remediation. The board may require that an applicant for a license pass a competency examination to qualify for a license;

(2) Establish reasonable standards for continuing education requirements for licensed microbial professionals to include a minimum of 24 hours of continuing education per license period, and may include qualification requirements and accreditation of trainers by the board and approval of any continuing education curricula;

(3) Establish and receive fees for the licensing of those persons actively engaged in the fields of microbial assessment and microbial remediation;

(4) Issue, renew, and reinstate licenses;

(5) Deny, suspend, revoke, or otherwise sanction licenses;

(6) Establish a state registry of all licensed microbial professionals for the benefit of public information;

(7) Establish a disciplinary policy for those licensed microbial professionals who violate the provisions of this chapter and those set by the board;

(8) Establish standards for the collecting, sampling, analysis, and reporting of microbial contaminants and the subsequent protocols to address any findings, including setting standards for:

(A) Establishing the amount of mold within a material which must be present to qualify the material as containing mold;

(B) Laboratories which analyze material for the presence of mold;

(D) Post remediation inspections of a dwelling or other structure at the completion of a project for microbial remediation;

(9) Establish a system for the reporting of microbially contaminated properties to the board by licensees to provide prospective purchasers or renters with a property report that makes a variety of disclosures;

(10) Conduct a state-wide education and outreach program regarding the health implications of mold growth in indoor environments, including methods to recognize, prevent, and mitigate mold occurrence;

(11) Adopt a seal and alter the same at the pleasure of the board;

(12) Enter into contracts with other entities to assist in carrying out its duties;

(13) Promulgate rules and regulations, not inconsistent with this chapter, relating to the professional conduct of licensed microbial professionals and the administration of this chapter, which may include the acceptance of reciprocity and communication with other states that have similar licensing programs;

(14) Bring proceedings in the courts for the enforcement of this chapter or any rules or regulations promulgated pursuant to this chapter; and

(15) Have such other powers and duties as are necessary to effectuate the purposes of this chapter.

43-24A-6.

In addition to the requirements established by the board, to be eligible for a license as a microbial professional in this state, an applicant shall meet each of the following minimum qualifications:

(1) Be of good ethical character;

(2) To perform microbial assessment, be certified as an industrial hygienist by the American Industrial Hygiene Association;

(3) Have completed an approved course of study, as determined by the board, in microbial assessment or microbial remediation, as appropriate;

(4) Maintain workerś compensation insurance, public liability insurance, and property damage insurance, in amounts to be determined by the board; and

(5) Provide evidence of financial responsibility, including acceptable credit history and limits of bondability and credit, as determined by the board.

43-24A-7.

(a) Any person desiring to engage in the practice of microbial assessment or microbial remediation in this state shall file an application for a license with the board. All original and subsequent applications filed with the board shall be in such form and detail as the board shall prescribe. An application for licensing as a microbial professional shall be made under oath.

(b) The board shall issue a license, upon payment of the license fee set by the board, to any applicant who, in the opinion of the board, has satisfactorily met the requirements of this chapter.

(c) All licenses shall be renewable biennially at such time as may be designated by the board. All applications for renewal shall be filed with the board prior to the expiration date, accompanied by the renewal fee prescribed by the board. A license which has expired for failure to renew may only be reinstated after application and payment of the prescribed reinstatement fee within six months of the expiration date, provided that the applicant meets such requirements as the board may establish by rule.

(d) A new license to replace any license that is lost, destroyed, or mutilated may be issued subject to the rules of the board and payment of a fee set by the board.

(e) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all applications, including supporting documents and other personal information submitted by applicants and licensees as part of an application filed with the board, shall be confidential. The board shall deem as public records the following information and shall make such information reasonably available for inspection by the general public: a licenseés name, license number and status, business name, business address, business telephone number, type of license held, and term of license; the fact that a licensee has or has not received a disciplinary sanction; and such other information pertaining to the license of a licensee or approval of a school, course, or instructor as the board may determine by rule.

43-24A-8.

(a) The board shall have the authority to refuse to grant a license to an applicant or to revoke or suspend the license of a person licensed by the board or to otherwise discipline a person licensed by the board the same as provided in Code Section 43-1-19 for professional licensing boards. In addition, the board shall be authorized to impose a fine not to exceed $10,000.00 for each violation of this chapter or its rules and regulations.

(b) The action by the board in granting or refusing to grant or renew a license under this chapter or in revoking or suspending or in refusing to revoke or suspend such a license may be appealed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' to the superior court of the county of domicile of the board; provided, however, that if the findings of the board are supported by any evidence, such findings shall be accepted by the court.

43-24A-9.

The board shall prepare and adopt by rule a code of professional conduct that shall be made known in writing to every licensed microbial professional and applicant for licensing under this chapter and shall be published by the board. Publication of the code of professional conduct shall be due notice to all licensed microbial professionals of its contents. The board may revise and amend such code of professional conduct. Prior to adoption of any revision or amendments, all licensed microbial professionals and the public shall receive due notice and an opportunity to be heard.

43-24A-10.

This chapter shall not prohibit one or more licensed microbial professionals from practicing through the medium of a sole proprietorship, partnership, limited liability company, or corporation. In a partnership, limited liability company, or corporation whose primary activity consists of microbial assessment or microbial remediation, at least one partner, member, or officer shall be a licensed microbial professional.

43-24A-11.

(a) No person shall engage in the practice of microbial assessment or microbial remediation in this state unless that person is appropriately licensed by the board in accordance with this chapter.

(b) No person shall perform both microbial assessment and microbial remediation on the same dwelling or other structure.

(c) A microbial professional licensed to perform microbial remediation shall only perform such remediation if he or she is under the supervision of a microbial professional licensed to perform microbial assessment.

(d) It shall be unlawful for any person to use in connection with his or her name, otherwise assume, or advertise any title or description tending to convey the impression that he or she is a licensed microbial professional unless that person has been duly licensed under the provisions of this chapter.

43-24A-12.

(a) A licensed microbial professional shall notify the board prior to commencing work on any microbial remediation project.

(b) A licensed microbial professional who performs microbial remediation services shall provide a written report to each person or entity for whom he or she performs such services.

(c) A licensed microbial professional shall affix his or her signature and license number to each document prepared or approved for use by the licensee which is related to any microbial assessment or microbial remediation project and to any offer, bid, or contract submitted to a client or potential client.

(d) A licensed microbial professional shall ensure that his or her license number is included in any marketing or advertising medium for his or her services, including printed material, newspapers, airwave transmissions, telephone directories, brochures, and business cards.

43-24A-13.

It is the intent of the General Assembly that not less than the amount of revenue derived in any fiscal year from fees under this chapter shall be appropriated to the Department of Human Resources for purposes of administering this chapter in the subsequent fiscal year.

43-24A-14.

The board may institute a civil action to enjoin any violation of this chapter or any rule or regulation promulgated under this chapter. A violation of this chapter or any rule or regulation promulgated pursuant to this chapter is declared to constitute a public nuisance, and such action for injunction may be maintained notwithstanding the existence of other legal remedies and notwithstanding the pendency or successful completion of a criminal prosecution.

43-24A-15.

(a) The board may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any applicant for licensure or any licensed microbial professional. Except for investigations of applicants for licensure, the board shall not initiate an investigation on its own motion or investigate a licenseés activity as the result of a sworn written request for investigation unless the act or acts which may constitute a violation of this chapter occurred within three years of the initiation of the investigation.

(b) Any person authorized to conduct an investigation on behalf of the board shall have access to and may examine any writings, documents, or other material which may be related to an investigation made upon the order of the board.

(c) In the conduct of an authorized investigation, the chairperson of the board may issue subpoenas to compel production of such writings, documents, or material on behalf of the board. After the service of a notice of hearing, the chairperson of the board may issue subpoenas to compel production of such writings, documents, or material, either on behalf of the board or at the request of a respondent. The board or the respondent may apply to the superior court of the county in which a person disobeying a subpoena resides for an order requiring compliance. Failure to comply with such an order shall be punishable as for contempt of court.

(d) The results of all investigations shall be reported only to the board, and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the board and no part of any investigative record shall be released for any purpose other than a hearing before the board or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the board upon an affirmative vote of all members of the board, review by the respondent after the service of a notice of hearing, review by the board́s legal counsel, or an appeal of a decision by the board to a court of competent jurisdiction. After service of a notice of hearing, a respondent shall have a right to obtain a copy of the investigative record pertaining to the respondent.

(e) The board shall have the authority to exclude all persons during the board́s or the staff of the board́s:

(1) Deliberations on disciplinary proceedings;

(2) Meetings with a licensee or an applicant or the legal counsel of that licensee or applicant in which the licensee or applicant seeks to settle a contested case as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and

(3) Review of the results of investigations initiated under this Code section.

43-24A-16.

(a) This chapter shall not apply to routine cleaning when not conducted for purposes of microbial remediation.

(b) This chapter shall not apply to a residential property owner who personally performs microbial remediation activities on his or her own property."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.