05 HB 608/AP
House
Bill 608 (AS PASSED HOUSE AND SENATE)
By:
Representatives Reece of the
27th
and Cooper of the
41st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 43-34-27 of the Official Code of Georgia Annotated, relating
to license requirements for persons engaged in the practice of medicine, so as
to change certain provisions relating to licensure to practice medicine by a
person who graduated from a medical or osteopathic college which is not approved
by the Composite State Board of Medical Examiners; 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 effective dates; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 43-34-27 of the Official Code of Georgia Annotated, relating to license
requirements for persons engaged in the practice of medicine, is amended by
striking paragraph (2) of subsection (a) and inserting in its place the
following:
"(2)
Graduates of board approved medical or osteopathic colleges and persons who are
graduated on or before July 1, 1985, from medical or osteopathic colleges which
are not approved by the board must complete one year of a board approved
internship or residency training program to be eligible to stand any regular
examination given by the board for a license to practice medicine in this state.
Persons who are graduated after July 1, 1985, from medical or osteopathic
colleges which are not approved by the board must complete three years of
internship,
residency, fellowship, or other postgraduate medical training that is approved
by the Accreditation Council for Graduate Medical Education (ACGME), the
American Osteopathic Association (AOA), or the board to be
eligible
a board
approved internship or residency training program to be eligible to stand any
regular examination given by the board for
a license to practice medicine in this state.
Current
certification of any applicant by a member board of the American Board of
Medical Specialties may be considered by the board as evidence that such
applicant́s
postgraduate medical training has satisfied the requirements of this
paragraph. However, before any such
person shall be eligible to receive a license to practice medicine in this
state, he or
she shall furnish the board with
satisfactory evidence of attainments and qualifications under this Code section
and the rules and regulations of the board. Nothing contained in this Code
section shall be construed so as to require a person who has previously passed
an examination given by the board for a license to practice medicine in this
state to stand another
examination."
SECTION
2.
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 paragraphs (11)
and (12) and inserting in their respective places the following:
"(11)
The measuring, molding, or fitting of knee braces by any person;
or
(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;
or
(13)
A board certified pedorthist from manufacturing, fabricating, dispensing, or any
combination thereof custom foot orthotics or foot or ankle
gauntlets."
SECTION
3.
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
4.
(a)(1)
For purposes of promulgating rules and regulations, Sections 2 and 3 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 2 and 3 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 2 and 3 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 2 and 3 shall become effective July
1, 2005.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.