08 LC 36
0872
House
Bill 1055
By:
Representatives Williams of the
4th,
Dickson of the
6th,
and Tumlin of the
38th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 43 of the Official Code of Georgia Annotated, relating to
professions and licenses, so as to make revisions to certain provisions relating
to professions and licenses; to provide that a designee of the division director
of the professional licensing boards may sign and attest orders and processes;
to amend certain requirements relating to applications for certification as a
registered interior designer; to revise provision relating to inspector at
auctions; to provide for service of documents and applications relating to
geologists upon the division director at his or her office; to repeal certain
provisions relating to license by reciprocity for massage therapists; to revise
provisions relating to license by endorsement for massage therapists; to provide
for certain education and training requirements satisfactory for the issuance
of physical therapist licenses; to provide for licensure by endorsement for
physical therapists; to provide for the establishment of the renewal period for
expired licenses for veterinarians and veterinary technicians by the division
director; 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 revising subsection (b) of Code Section 43-1-3,
relating to duties of division director and serving notice or process on boards
through the division director, as follows:
"(b)
All orders and processes of the professional licensing boards shall be signed
and attested by the division
director, or
his or her designee, in the name of the
particular professional licensing board, with the seal of such board attached.
Any notice or legal process necessary to be served upon any of the professional
licensing boards may be served upon the division director."
SECTION
2.
Said
title is further amended by revising paragraph (5) of subsection (b) of Code
Section 43-4-32, relating to applications for certificates of registration,
requirements, term of certificates, and renewal relative to registered interior
designers, as follows:
"(5)
Except as otherwise provided in subsection (c) of this Code section, provides
proof that the applicant has acquired a minimum four-year degree or first
professional degree conferred by a college or university whose program is
accredited by the National Architectural Accrediting Board or by another
national or regional accrediting organization recognized by the board in a
program of study in architecture or in a program of study in interior design
approved by the
Foundation
for Interior Design Research
Council for
Interior Design Accreditation or in a
substantially equivalent program of study approved by the
board."
SECTION
3.
Said
title is further amended by revising Code Section 43-6-18.1, relating to
inspector at auctions, as follows:
"43-6-18.1.
The
commission shall have
a
full-time
an
inspector with full inspection rights and privileges for all auctions conducted
in this state. This inspector shall have the right to inspect any activity or
lack thereof which may be a violation of this chapter or any documents or
records pertaining to auction activities and to report any and all such
violations or any improper or unlicensed practice, including but not limited to
trust account violations."
SECTION
4.
Said
title is further amended by revising Code Section 43-19-7, relating to service
of appeals, documents, and legal process on division director relative to
geologists, as follows:
"43-19-7.
All
appeals from a decision of the board, all documents or applications required by
law to be filed with the board, and any notice or legal process to be served
upon the board shall be filed with or served upon the division director at his
or
her office
in
Atlanta."
SECTION
5.
Said
title is further amended by revising Code Section 43-24A-12, relating to license
by reciprocity relative to massage therapists, as follows:
"43-24A-12.
Any
applicant for a license by reciprocity as a massage therapist must submit a
completed application upon a form and in such manner as the board prescribes,
accompanied by applicable fees, and evidence satisfactory to the board
that:
(1)
The applicant is at least 18 years of age;
(2)
The applicant is of good moral character. For purposes of this paragraph, 'good
moral character' means professional integrity and a lack of any conviction for
acts involving moral turpitude where the underlying conduct relates to the
applicant´s fitness to practice massage therapy;
(3)
The applicant agrees to provide the board with any and all information necessary
to perform a criminal background check and expressly consents and authorizes the
board or its representative to perform such a check; and
(4)
The applicant is currently licensed as a massage therapist in another
jurisdiction, state, or territory of the United States or foreign country which
requires standards for licensure considered by the board to be equivalent to the
requirements for licensure under this
chapter.
Reserved."
SECTION
6.
Said
title is further amended by revising paragraph (4) of Code Section 43-24A-13,
relating to license by endorsement relative to massage therapists, as
follows:
"(4)
The applicant
is
either:
(A)
Is currently licensed as a massage
therapist in another jurisdiction, state, or territory of the United States or
foreign country which requires standards for licensure considered by the board
to be equivalent to the requirements for licensure under this
chapter;
or
(B)
Has current certification by the National Certification Board for Therapeutic
Massage and Bodywork or an equivalent certification approved by the National
Commission for Certifying
Agencies."
SECTION
7.
Said
title is further amended by revising paragraph (2) of Code Section 43-33-12,
relating to requirements for license to practice physical therapy, as
follows:
"(2)
Has satisfactorily passed an examination prepared or approved by the board
and has
acquired any additional education and training required by the
board; and"
SECTION
8.
Said
title is further amended by revising Code Section 43-33-15, relating to
reciprocity relative to licenses of physical therapists, as
follows:
"43-33-15.
The
board may grant to a person licensed in another state or territory of the United
States full privileges to engage in equivalent practice authorized by this
chapter without taking an examination, provided:
(1)
That such person is properly licensed under the laws of another state or
territory or the United States; and
(2)
That the requirements for licensing in such other state or territory of the
United States are substantially equal to the requirements for a similar license
in this state.
The board may,
in its discretion, waive the examination provided for in paragraph (2) of Code
Section 43-33-12 and may, subject to the provisions under Code Sections 43-33-18
and
43-33-19,
grant to a person licensed in another state or territory of the United States
full privileges to engage in an equivalent practice authorized by this chapter
to any person who has qualifications the board determines to be the substantial
equivalent of the qualifications described under paragraph (1) of Code Section
43-33-12 and who is properly licensed under the laws of another state or
territory of the United States; provided, however, that the license held by such
person was issued after an examination which, in the judgment of the board, is
the equivalent of the standards established by the board. In waiving the
examination requirement, the board may required additional education or
training."
SECTION
9.
Said
title is further amended by revising subsection (b) of Code Section 43-50-40,
relating to renewal of licenses and registrations, reinstatement, waiver of fee,
continuing education, and inactive status relative to veterinarians and
veterinary technicians, as follows:
"(b)
Any person who shall practice veterinary medicine or veterinary technology after
the expiration of his or her license or registration and willfully or by neglect
fail to renew such license or registration shall be practicing in violation of
this article, provided that any person may renew an expired license or
registration within
one year of
the date of its expiration
the period
established by the division director in accordance with Code Section
43-1-4 by making written application for
renewal and paying the
current
renewal fee plus all delinquent renewal
applicable
fees. After
one year
has elapsed from the date of the
expiration
the time
period established by the division director has
elapsed, such license or registration may
be reinstated in accordance with the rules of the board."
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.