07 LC 35
0453
Senate
Bill 228
By:
Senators Jones of the 10th, Johnson of the 1st, Adelman of the 42nd, Davenport
of the 44th, Thomas of the 54th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 43 of the Official Code of Georgia Annotated, relating to
professions and businesses, so as to provide for the licensure of personal
fitness trainers; to provide for definitions; to establish the Georgia Board of
Fitness Trainers and provide for its composition; to provide for qualifications,
terms, and vacancies of members; to provide for officers; to provide for
records; to provide for reimbursement of members; to provide for duties of the
board; to provide that no person shall provide personal fitness training without
a license; to provide for qualifications for personal fitness trainers; to
provide for applications for licensure; to provide for denial, suspension, or
revocation of licenses; to provide for hearings; to provide for appeals; to
provide for construction and application; to provide for penalties; 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 a new Chapter 5A as follows:
"CHAPTER
5A
43-5A-1.
As
used in this chapter, the term:
(1)
'Board' means the Georgia Board of Fitness Trainers.
(2)
'Healthy individual' means a person without a known medical condition which
medical condition may be worsened or become life threatening by exercise or
which medical condition reasonably requires physician oversight of any exercise
program. An individual who has received approval from a physician to
participate in a physical fitness program conducted by a personal fitness
trainer shall be presumed to be a healthy individual for purposes of this
chapter.
(3)
'Personal fitness trainer' means a person with specific qualifications, as set
forth in this chapter, who is a fitness professional that develops and
implements an individualized approach to exercise, including personal training
and instruction in physical fitness and conditioning for a healthy individual.
'Personal fitness trainer' shall include personal trainers, professional fitness
trainers, and persons performing similar physical fitness training regardless of
the designation used.
43-5A-2.
(a)
The Georgia Board of Fitness Trainers is hereby established and shall be
composed of 11 members. To be eligible to be a member, a person shall be a
citizen of the United States and a resident of this state for at least two
years. Three members shall be appointed by the Governor. Of the members
appointed by the Governor at least one shall be: a personal fitness trainer
certified by a national certification organization that is accredited by the
National Commission for Certifying Agencies, a representative of a commercial
health club, and a professor from an academic institution who specializes in the
area of kinesiology and health. Four members shall be appointed by the
President of the Senate. Of the members appointed by the President of the
Senate at least one shall be: a representative of a community health and
wellness center, a representative of a corporate wellness program, and a
consumer protection advocate. Four members shall be appointed by the Speaker of
the House. Of the members appointed by the Speaker of the House at least one
shall be: a member of the Committee on Accreditation for the Exercise Sciences
of the Commission on Accreditation of Allied Health Education Programs or
similarly nationally recognized program, a professor of exercise sciences from
an academic institution, and a physician who specializes in the area of sports
medicine.
(b)
Members shall serve for a term of office of four years. All terms shall expire
on January 31 of even-numbered years. In making the initial appointments, the
Governor shall appoint three members for a term expiring in 2009, and the
President of the Senate shall appoint four members for a term expiring in 2011.
Incumbent members may be reappointed for subsequent terms.
(c)
Each appointee to the board shall qualify by taking an oath of office within 15
days from the date of appointment. On presentation of the oath, the Secretary
of State shall issue commissions to appointees as evidence of their authority to
act as members of the board.
(d)
In the event of death, resignation, or removal of any member, the vacancy of the
unexpired term shall be filled by the appointing authority in the same manner as
other appointments.
(e)
Members may be removed from office for misfeasance or malfeasance in office.
Any member committing a felony shall be automatically removed. Members may be
removed for failure to attend three or more regularly scheduled meetings or
other neglect of service, unless for just cause the member is excused by the
appointing authority.
(f)
Membership on the board shall not constitute service of public office and no
member shall be disqualified from holding public office by reason of his or her
membership.
43-5A-3.
(a)
The board shall elect a chairperson and a vice chairperson from among its
members for a term of one year and may appoint such committees as it considers
necessary to carry out its duties.
(b)
The board shall meet at least twice each year. Additional meetings may be held
on the call of the chairperson or at the written request of any three members of
the board.
43-5A-4.
The
board shall appoint a secretary to the board who shall keep a record of the
board´s proceedings in a book maintained for that purpose.
43-5A-5.
Each
member of the board shall be reimbursed as provided for in subsection (f) of
Code Section 43-1-2.
43-5A-6.
(a)
The board is authorized to promulgate rules and regulations consistent with this
chapter which are necessary for the performance of its duties.
(b)
The board shall prescribe application forms for license
applications.
(c)
The board shall establish guidelines for personal fitness trainers in this state
and prepare and conduct an examination for applicants for a license, which may
include, but not be limited to:
(1)
Adequate knowledge of and skill in risk factor and health status identification,
fitness appraisal, and exercise preparation;
(2)
Demonstrated ability to incorporate suitable and innovative activities that will
improve an individual´s functional capacity; and
(3)
Demonstrated ability to effectively educate and communicate with individuals
regarding lifestyle modification.
(d)
The board shall adopt an official seal and the form of a license certificate of
suitable design.
43-5A-7.
No
person shall hold himself or herself out as a personal fitness trainer or
perform, for compensation, any of the activities of a personal fitness trainer
without first obtaining a license under this chapter.
43-5A-8.
(a)
An applicant for a personal fitness trainer´s license shall meet minimum
qualifications and training requirements as established by the
board.
(b)
The board may grant a personal fitness trainer´s license without
examination to any qualified applicant who holds a certification from a national
certification organization that is accredited by the National Commission for
Certifying Agencies.
(c)
An applicant must be a United States citizen or lawful resident of this
country.
(d)
An applicant must be at least 18 years of age and possess a valid Georgia
driver´s license.
43-5A-9.
(a)
An applicant for a personal fitness trainer´s license shall submit an
application to the board on forms prescribed by the board and submit the
examination fee and application fee required by this chapter or the board. As a
part of that application process, the applicant shall be required to undergo a
criminal history background check prescribed by and under such terms and
conditions set by the board.
(b)
The applicant is entitled to a personal fitness trainer´s license if he or
she possesses the qualifications enumerated in this chapter, pays the required
license and application fee, and has not committed an act which constitutes
grounds for denial of a license under Code Section 43-5A-10.
(c)
Licenses issued by the board shall expire biennially. As a condition of license
renewal, the board shall be authorized to require licensees to complete
continuing education courses approved by the board.
43-5A-10.
The
board may refuse to issue a license to an applicant or may suspend or revoke the
license of any licensee if he or she has:
(1)
Committed a felony or misdemeanor involving moral turpitude, a record of
conviction being conclusive evidence of the commission of the
offense;
(2)
Secured the license by fraud or deceit;
(3)
Is currently under warrant for arrest;
(4)
Is in substantial violation of a valid court order for child support payments;
or
(5)
Violated or conspired to violate or failed to abide by the law, this chapter,
or rules and regulations adopted by the board as provided for in this
chapter.
43-5A-11.
(a)
Any person whose application for a license is denied or whose license is
canceled, suspended, or revoked is entitled to a hearing before the board upon
submission of a written request to the board. Those procedures set forth in the
rules and regulations of the board shall apply to the hearing before the
board.
(b)
Proceedings for the cancellation, revocation, or suspension of a license shall
be commenced by filing charges with the board in writing and under oath. The
charges may be made by any person or persons.
(c)
The board shall fix a time and place for a hearing and shall cause a written
copy of the charges or reason for denial of a license, together with a notice of
the time and place fixed for the hearing, to be served on the applicant
requesting the hearing or licensee against whom the charges have been filed at
least 20 days prior to the date set for the hearing. Service of charges and
notice of hearing may be given by certified mail or statutory overnight
delivery, return receipt requested, to the last known address of the applicant
or licensee.
(d)
At the hearing, the applicant or licensee has the right to appear either
personally or by counsel, or both, to produce witnesses, to have subpoenas
issued by the board, and to cross-examine the opposing or adverse
witnesses.
(e)
The board is not bound by strict rules of procedure or by the laws of evidence
in the conduct of the proceedings, but the determination shall be founded upon
sufficient legal evidence to sustain it. Witnesses shall give testimony under
oath and shall be subject to punishment for false swearing by petition filed
with the superior court of the county where the hearing is held. A record of
the proceedings and testimony shall be maintained.
(f)
The board shall determine the charges on their merits and enter an order in a
permanent record setting forth the findings of fact and law and the action
taken. A copy of the order of the board shall be mailed to the applicant or
licensee at his or her last known address by certified mail or statutory
overnight delivery, return receipt requested.
(g)
On application, the board may reissue a license to a person whose license has
been canceled or revoked, but the application may not be made prior to the
expiration of a period of 12 months after the order of cancellation or
revocation has become final; and the application shall be made in the manner and
form as the board may require.
43-5A-12.
(a)
A person whose application for a license has been refused or whose license has
been canceled, revoked, or suspended by the board may take an appeal, within 30
days after the order is entered, to any court of competent jurisdiction in the
Superior Court of Fulton County or in the applicant or licensee´s county of
residence.
(b)
A case reviewed under this Code section shall be confined to a review of the
administrative record. The decision of the board shall be reversed only if it
is found to be clearly erroneous. Appeal from the judgment of the superior
court lies as in other civil cases.
43-5A-13.
(a)
Nothing in this chapter shall be construed to authorize the practice of medicine
by any person not licensed by the Composite State Board of Medical
Examiners.
(b)
No provision of this chapter shall be construed so as to limit or prevent any
person duly licensed under the laws of this state to practice the profession for
which he or she was licensed.
43-5-14.
Any
person who violates Code Section 43-5A-7 shall be guilty of practicing as a
personal fitness trainer without a license and shall be punished as for a
misdemeanor of a high and aggravated nature by the imposition of a fine not to
exceed $5,000.00, or confinement for not more than 12 months, or
both."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.