HB579: HB579 Professions and businesses; licensure to engage in trade; provisions

25 LC 55 0580S/AP House Bill 579 (AS PASSED HOUSE AND SENATE) By: Representatives Reeves of the 99th, Hatchett of the 155th, Wiedower of the 121st, Prince of the 132nd, Fleming of the 114th, and others A BILL TO BE ENTITLED AN ACT To amend Title 43 of the Official Code of Georgia Annotated, re lating to professions and1 businesses, so as to revise provisions relating to licensure to engage in the practice of a2 profession, business, or trade in this state; to revise provisi ons relating to meetings of3 professional licensing boards; to revise provisions relating to the roster of licensees; to revise4 provisions relating to the duties of the division director; to provide for the review and5 granting of applications for the issuance, renewal, or reinstatement of licenses by the director6 of the professional licensing boards division; to revise provisions relating to the renewal of7 professional licenses; to revise provisions relating to the rem oval of members of a8 professional licensing board; to require that the rules and reg ulations promulgated by9 professional licensing boards be designed to protect the health , safety, and welfare of the10 public; to repeal provisions creating separate standards committees of the Georgia Composite11 Board of Professional Counselors, Social Workers, and Marriage and Family Therapists; to12 provide for an effective date; to provide for related matters; to repeal conflicting laws; and13 for other purposes.14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 H. B. 579 - 1 - 25 LC 55 0580S/AP PART I16 SECTION 1-1.17 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,18 is amended by revising Code Section 43-1-2, relating to appointment and powers of division19 director, members and meetings of professional licenses board, examination standards, roster20 of licensees, and funding, as follows:21 "43-1-2.22 (a)(1) There is created within the office of the Secretary of State the professional23 licensing boards division as successor to the office of the joi nt-secretary of the state24 examining boards. The Secretary of State is authorized and directed to appoint a director25 of the professional licensing boards division.26 (2) Any action of the joint-secretary taken with regard to any state examining board prior27 to July 1, 2000, shall thereafter be deemed to be action taken by the director of the28 professional licensing boards division and that division director shall thereafter act in the29 stead of such joint-secretary and succeed to the powers and duties of the joint-secretary30 with regard to those state examining boards. The rights, privi leges, entitlements, or31 duties of parties to contracts, leases, agreements, or other transactions entered into by the32 joint-secretary prior to July 1, 2000, shall continue to exist and shall not be impaired or33 diminished by reason of the succession of the division director to the powers and duties34 of the joint-secretary.35 (b) The salary of the division director shall be fixed by the Secretary of State, and he or36 she shall hold office at the pleasure of the Secretary of State.37 (c) The Secretary of State, notwithstanding any other provisio ns of law to the contrary,38 shall employ personnel as deemed necessary to carry out this chapter and to provide for all39 services required by each of the professional licensing boards and shall establish within the40 H. B. 579 - 2 - 25 LC 55 0580S/AP guidelines provided by the laws and rules and regulations of the State Personnel Board the41 qualifications of such personnel.42 (d) The division director, with the approval of the Secretary of State, notwithstanding any43 other provisions of law to the contrary, shall enter into such contracts as are deemed44 necessary to carry out this chapter to provide for all services required by each of the45 professional licensing boards.46 (e) The Secretary of State, notwithstanding any other provisio ns of law to the contrary,47 shall have the power to employ and shall set the qualifications and salary for a deputy48 division director and shall appoint executive directors as requ ired who shall act in the49 absence of the division director and who shall perform such other functions of the division50 director under this chapter as the division director may design ate. The deputy division51 director and executive directors as appointed shall be in the unclassified service and shall52 be excluded from the classified service as defined in Article 1 of Chapter 20 of Title 45.53 (f) Notwithstanding any other provisions of law to the contrar y, each member of the54 various professional licensing boards may receive the expense allowance as provided by55 subsection (b) of Code Section 45-7-21 and the same mileage all owance for the use of a56 personal car as that received by all other state officials and employees or a travel allowance57 of actual transportation cost if traveling by public carrier wi thin the state. Any board58 member shall also be reimbursed for any conference or meeting registration fee incurred59 in the performance of his or her duties as a board member. For each day's service outside60 of the state as a board member, such member shall receive actual expenses as an expense61 allowance as well as the same mileage allowance for the use of a personal car as that62 received by other state officials and employees or a travel all owance of actual63 transportation cost if traveling by public carrier or by rental motor vehicle. Expense64 vouchers submitted by members of the various professional licen sing boards are subject65 to approval of the president or chairperson of the respective board and the division director.66 H. B. 579 - 3 - 25 LC 55 0580S/AP (g) All meetings and hearings of the respective professional licensing boards shall be held67 in the capitol, at the site of the office of the respective board, or at such other site as may68 be requested by the chairperson or president of a professional licensing board and approved69 by the division director.70 (h) A majority of the appointed members of a professional licensing board shall constitute71 a quorum for the transaction of business by that board.72 (h.1) Members of a professional licensing board shall serve until the expiration of the term73 for which they were appointed and until their successors have been appointed and qualified74 unless otherwise specified under the provisions of this title.75 (i) A schedule of all meetings and hearings of the various pro fessional licensing boards76 shall be maintained at the office of the division director and be available for public review.77 (j)(1) The division director may establish administrative standards for the examination78 of applicants for licensure by the various professional licensing boards, notwithstanding79 any other provisions of law to the contrary. These administrative standards may include80 the setting of date, time, and location of examinations, subjec t to the approval of the81 respective professional licensing boards. Notwithstanding any other provisions of law82 to the contrary, examination criteria, examination grading procedures, examination fees,83 examination passing score requirements, and other matters pertaining to the examination84 of applicants for licensure may be adopted by rules of the resp ective professional85 licensing boards as necessary to implement such examination sta ndards. Examination86 standards, including examination criteria, grading procedures, and passing score87 requirements, developed in agreement or in conjunction with a n ational association of88 state boards or other related national association for the admi nistration of a nationally89 recognized uniform examination may be adopted in lieu of state standards by the90 respective professional licensing boards.91 (2)(A) Notwithstanding any other provision of this title to the contrary, whenever an92 applicant for the issuance of a license is required to obtain p rior approval from a93 H. B. 579 - 4 - 25 LC 55 0580S/AP professional licensing board before such applicant is permitted to take an examination94 required in connection with such license, the division director shall be authorized to95 grant such approval on behalf of the applicable professional licensing board, provided96 that the division director is able to determine that the applic ant has satisfied all other97 requirements that may be provided in this title or in the rules and regulations of the98 professional licensing board for such applicant to take such examination.99 (B) Nothing in this paragraph shall prevent a professional lic ensing board from100 granting or denying its approval for any applicant seeking the issuance of a license to101 take an examination required in connection with such license, and such grant or denial102 of approval from a professional licensing board with respect to a particular applicant103 shall not be contradicted by the division director acting under the authorization104 provided in this paragraph.105 (C) As used in this paragraph, the term 'license' shall have t he same meaning as set106 forth in Code Section 43-1-3.1.107 (k) The division director shall prepare and maintain a roster containing the names and108 addresses of all current licensees for each of the various professional licensing boards as109 well as all persons, other than any person who fails to renew his or her license for a period110 of 45 days or less, who have been issued a public cease and desist order by a professional111 licensing board pursuant to Code Section 43-1-20.1 for engaging in the practice of a112 business or profession without a license. A copy of this such roster for each professional113 licensing board, except for home addresses of licensees, shall be made availab le on the114 public website of the secretary of state and shall include, in one location, the names of115 licensees and persons issued cease and desist orders. A copy of the roster, except for home116 addresses of licensees, shall also be made available to any person upon request at a fee117 prescribed by the division director sufficient to cover the cost of printing and distribution. 118 The following shall be treated as confidential and need not be disclosed without the119 approval of the professional licensing board to which application is made:120 H. B. 579 - 5 - 25 LC 55 0580S/AP (1) Applications and other personal information, including home addresses, submitted121 by applicants, except to the applicant, staff, and the board;122 (2) Information, favorable or unfavorable, submitted by a reference source concerning123 an applicant, except to the staff and the board;124 (3) Examination questions and other examination materials, except to the staff and the125 board; and126 (4) The deliberations of the board with respect to an applicat ion, an examination, a127 complaint, an investigation, or a disciplinary proceeding, except as may be contained in128 official board minutes.129 (l) Funding for the office of the division director and the va rious professional licensing130 boards served by such office shall be contained in a common bud get unit as defined in131 Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.'"132 SECTION 1-2.133 Said title is further amended in Code Section 43-1-3, relating to duties of the division director134 and serving notice or process on boards through the division director, by revising subsection135 (a) as follows:136 "(a) It shall be the duty of the division director:137 (1) To bring together and keep all records relating to the professional licensing boards;138 (2) To receive all applications for licenses;139 (3) To review and grant applications for the issuance, renewal , or reinstatement of140 licenses in accordance with the provisions of Code Section 43-1-3.1;141 (4) With the consent of the board concerned, to schedule the time and place for142 examinations;143 (4)(5) To schedule the time and place for all hearings;144 (5)(6) To issue certificates upon authority of the professional licensing board concerned;145 and146 H. B. 579 - 6 - 25 LC 55 0580S/AP (6)(7) Except as otherwise provided by law, to collect all fees requ ired by law in147 connection with the licensing of trades and professions under such boards and to remit148 the same to the state treasurer for deposit into the general fu nd of the state. 149 Notwithstanding any other provision of law, the division director is authorized to retain150 all funds received as collection fees for use in defraying the cost of collection of fees151 required under this chapter; provided, however, that nothing in this Code section shall be152 construed so as to allow the division director to retain any fu nds required by the153 Constitution of Georgia to be paid into the state treasury; and provided, further, that the154 division director shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of155 Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such156 funds."157 SECTION 1-3.158 Said title is further amended by adding a new Code section to read as follows:159 "43-1-3.1.160 (a) As used in this Code section, the term 'license' means any license, certificate, permit,161 registration, or other document that is issued by a professional licensing board and that is162 required under this title for a person to engage in the practice of a profession, business, or163 trade in this state. Such term shall include, without limitati on, any expedited license,164 temporary license, special license, or license by endorsement t hat is issued by a165 professional licensing board under this title.166 (b)(1) Notwithstanding any provision of this title to the cont rary, the division director167 shall be authorized to review each application for the issuance, renewal, or reinstatement168 of a license and, upon determining that an application furnishe s evidence that the169 applicant has achieved or satisfied all of the qualifications, attainments, and other170 conditions required for the issuance, renewal, or reinstatement of a particular license171 under the provisions of this title or under the rules and regulations promulgated pursuant172 H. B. 579 - 7 - 25 LC 55 0580S/AP to this title, shall be authorized, on behalf of the applicable professional licensing board,173 to issue the license to or renew or reinstate the license of the applicant.174 (2) Whenever the division director reviews any application for the issuance, renewal, or175 reinstatement of a license pursuant to paragraph (1) of this su bsection and cannot176 determine, based on such application, that the applicant has achieved or satisfied all of177 the qualifications, attainments, and other conditions required for the issuance, renewal,178 or reinstatement of the license under the provisions of this ti tle or under the rules and179 regulations promulgated pursuant to this title, the division di rector shall not take any180 action on the application and shall forward the application to the applicable professional181 licensing board who shall then review, consider, and either grant or deny the application182 in a timely manner.183 (c) Nothing in this Code section shall prevent a professional licensing board from184 reviewing applications for the issuance, renewal, or reinstatement of a license that is issued185 by such professional licensing board and granting or denying such applications. Any such186 application which a professional licensing board has granted or denied shall not be187 reviewed or considered by the division director and, if the division director is in the process188 of reviewing or considering such application at the time the professional licensing board189 grants or denies such application, the division director shall cease his or her review of such190 application and shall not take any further action on the application.191 (d) When it is necessary for the division director, in connection with his or her review of192 an application for the issuance, renewal, or reinstatement of a license under subsection (b)193 of this Code section, to determine whether the applicant has sa tisfied any postsecondary194 education requirements required for the issuance, renewal, or reinstatement of such license,195 the division director shall not be required to obtain official transcripts evidencing the196 satisfaction of such education requirements from the relevant p ostsecondary education197 institution, provided that the division director is able to obtain confirmation, through other198 reliable means, from the postsecondary education institution th at such education199 H. B. 579 - 8 - 25 LC 55 0580S/AP requirements have been satisfied. Each postsecondary education institution in this state is200 encouraged to work with the division director to develop such a lternative method of201 confirming the satisfaction of education requirements as provided in this title."202 SECTION 1-4.203 Said title is further amended by revising Code Section 43-1-4, relating to expiration, renewal,204 and penalty dates of licenses and certificates; duration of validity, and renewals, as follows:205 "43-1-4.206 (a) The division director shall determine the expiration, rene wal, and penalty dates for207 each license and certificate issued by the professional licensing boards through the office208 of the division director which is subject to renewal. Before be coming effective, these209 expiration, renewal, and penalty d ates must be approved by the respective professional210 licensing boards. 211 (b) Each Notwithstanding any provision of this title to the contrary, e ach license and212 certificate issued by the professional licensing boards through the office of the division213 director which are subject to renewal shall be valid for up to two years and shall be214 renewable biennially on the renewal date established by the division director, as approved215 by the respective professional licensing boards. Any such lice nse or certificate shall be216 renewable for up to 45 days after the expiration of such license or certificate, provided that217 the licensee or the certificate holder has satisfied all requirements and paid all fees relating218 to the renewal of such license or certificate as provided in th is title or in the rules and219 regulations promulgated pursuant to this title.220 (c) The division director is authorized to adopt the necessary rules and regulations to221 implement the biennial renewal of licenses and certificates in such manner as to ensure that222 the number of renewals is reasonably evenly distributed throughout each two-year period."223 H. B. 579 - 9 - 25 LC 55 0580S/AP SECTION 1-5.224 Said title is further amended by revising Code Section 43-1-17, relating to removal from225 office member of a professional licensing board, as follows:226 "43-1-17.227 The Governor, after notice and opportunity for hearing, may remove from office any228 member of a professional licensing board for any of the following:229 (1) Inability or neglect to perform the duties required of members;230 (2) Incompetence; or231 (3) Dishonest conduct."232 SECTION 1-6.233 Said title is further amended by revising Code Section 43-1-26, which is reserved, as follows:234 "43-1-26.235 Notwithstanding any provision of this title to the contrary, the power of each professional236 licensing board to promulgate rules and regulations as provided in this title shall be limited237 to the promulgation of rules and regulations that are designed to protect the health, safety,238 and welfare of the public regarding the particular profession, business, or trade that is239 regulated by such professional licensing board Reserved."240 PART II241 SECTION 2-1.242 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,243 is amended by repealing in its entirety Code Section 43-10A-6, relating to separate standards244 committees for professional counseling specialty, social work specialty, and marriage and245 family therapy specialty, and designating said Code section as reserved.246 H. B. 579 - 10 - 25 LC 55 0580S/AP PART III247 SECTION 3-1.248 This Act shall become effective on July 1, 2026.249 SECTION 3-2.250 All laws and parts of laws in conflict with this Act are repealed.251 H. B. 579 - 11 -