Georgia CommonsHB 1254: Professions and businesses; move regulation of various professions from individual boards to Secretary of State
Enrolled version, the latest LegiScan holds · Last action May 11, 2026 · Passed
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Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
House Bill 1254 (AS PASSED HOUSE AND SENATE)
By: Representatives Reeves of the 99th, Hatchett of the 155th, Wade of the 9th, Prince of the 132nd, Seabaugh of the 34th, and others
A BILL TO BE ENTITLED
AN ACT
To amend various titles of the Official Code of Georgia Annotated, so as to move the regulation of various professions from individual boards to the Secretary of State; to amend Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, so as to transfer duties of the State Board of Cemeterians to the Secretary of State; to eliminate the State Board of Cemeterians; to provide the Secretary of State the authority to issue registrations under said chapter; to provide the Secretary of State necessary powers to carry out provisions and promulgate rules and regulations; to create the Cemeterians Advisory Group; to establish membership, terms, meetings, and duties of the advisory group; to establish a business continuity and succession plan for cemetery owners; to revise regulations regarding preneed dealers and transfers of cemetery ownership; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 8B, the "Georgia Cemeterians Board Act"; to amend Code Section 53-2-27 of the Official Code of Georgia Annotated, relating to DNA testing for kinship, procedure, costs, conduct of tests, enforcement, and use of results, so as to provide for a conforming change; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to dissolve the Georgia Auctioneers Commission; to provide for licensure of auctioneers to be transferred to the Secretary of State; to provide for application for such a licensure; to provide for the refusal to grant such a license; to provide for the suspension, revocation, or refusal to renew such a license; to provide exceptions; to provide for reciprocity; to prohibit certain activities; to provide a civil penalty; to provide for a misdemeanor; to provide for the dissolution of the auctioneers education, research, and recovery fund; to transfer the operation of such fund to the Secretary of State; to provide for the operation of the fund prior to its dissolution; to amend Title 43 and Code Section 12-8-107 of the Official Code of Georgia Annotated, relating to professions and businesses and submission of voluntary investigation and remediation plan, enrollment, proof of assurance, termination, and compliance status, respectively, so as to repeal and reenact provisions relating to geologists; to provide for the registration of geologists by the Secretary of State; to provide for application for such a registration; to provide for the refusal to grant such a registration; to provide for the suspension, revocation, or refusal to renew such a registration; to abolish the State Board of Registration for Professional Geologists; to provide exceptions; to provide for reciprocity; to provide for the use of seals by geologists; to prohibit certain activities; to provide a civil penalty; to provide for a misdemeanor; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to eliminate the State Board of Hearing Aid Dealers and Dispensers; to reconstitute the authority and powers to issue licenses and permits for the dispensing of prescription hearing aids; to provide for rules and regulations; to require licensing and permits relative to the practice of dispensing prescription hearing aids; to remove dealers as a required entity to be licensed; to provide for qualifications of licensure and apprentice permits; to provide for refusal to issue a license or permit; to provide for violations and penalties; to provide for duration of license and renewal; to provide for furnishing a bill of sale or receipt to persons supplied with prescription hearing aids; to provide for exemptions; to provide for construction; to provide for a short title; to provide for purpose and intent; to amend Code Section 43-10A-5 of the Official Code of Georgia Annotated, relating to powers and duties of the board, quorum, and meetings regarding professional counselors, social workers, and marriage and family therapists, so as to correct a reference; to make conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, is amended by revising paragraphs (2), (9), and (34) of Code Section 10-14-3, relating to definitions, as follows:
"(2) 'Boards' mean the State Board of Cemeterians as described and authorized in Chapter 8B of Title 43 and the State Board of Funeral Service as described and authorized in Chapter 18 of Title 43. Reserved."
"(9) 'Cemetery company' means any entity that owns or controls cemetery lands or property. 'Cemetery owner' or 'cemeterian' means every person registered under this chapter as the legal owner of a cemetery and authorized to employ, appoint, or direct individuals to offer for sale or to sell cemetery burial rights, mausoleum interment rights, columbarium inurnment rights, grave spaces, and burial or funeral services." "(34) 'Salesperson' or 'sales agent' means an individual employed or appointed or authorized by a cemetery, cemetery company owner, or preneed dealer to sell grave spaces, burial rights, burial or funeral merchandise, burial or funeral services, or any other right or thing of value in connection with the final disposition of human remains. The owner of a cemetery, the executive officers, and general partners of a cemetery company shall not be deemed to be salespersons within the meaning of this definition unless they are paid a commission for the sale of said property, lots, rights, burial or funeral merchandise, or burial or funeral services.
(35) 'Secretary of State' means the Secretary of State of the State of Georgia or his or her designee."
SECTION 1-2.
Said chapter is further amended by revising Code Section 10-14-3.1, relating to authority of boards, as follows:
"10-14-3.1.
As provided in this Code section, the boards may Secretary of State and the State Board of Funeral Service shall have all administrative powers and other powers necessary to carry out the provisions of this chapter, including the authority to promulgate rules and regulations, and the Secretary of State may delegate to the boards all such duties otherwise entrusted to the Secretary of State; provided, however, that the Secretary of State shall have sole authority over matters relating to the regulation of funds, trust funds, and escrow accounts and accounting and investigations concerning such matters but may delegate authority to the appropriate board for the review of such investigations and the determination as to disciplinary matters, necessary sanctions, and the enforcement of such decisions and sanctions. The State Board of Funeral Service shall have authority to promulgate rules and regulations and may be delegated the authority to make disciplinary and sanctioning decisions relating to funeral services or funeral merchandise. The State Board of Cemeterians Secretary of State shall have authority to promulgate rules and regulations and may be delegated the authority to make disciplinary and sanctioning decisions relating to burial services or burial merchandise. The Secretary of State may delegate to each board according to such duties and responsibilities of the boards."
SECTION 1-3.
Said chapter is further amended by adding a new Code section to read as follows:
"10-14-3.2.
(a) There is created within the office of the Secretary of State a Cemeterians Advisory Group which shall consist of five members.
(b) The Secretary of State shall appoint all members of the advisory group who shall provide the Secretary of State with expertise and assistance in carrying out his or her duties pursuant to this chapter. Four members of the advisory group shall be registered cemetery owners in this state. One member shall be a consumer.
(c) Members shall serve terms of four years and shall not be compensated.
(d) Members may serve consecutive terms at the will of the Secretary of State. Any vacancy shall be filled in the same manner as the regular appointments.
(e) The advisory group shall meet at least once per year or as otherwise called by the Secretary of State.
(f) The Secretary of State may consult with the advisory group prior to setting or changing fees in this chapter and regarding regulation of cemetery care and maintenance matters, disciplinary actions taken, appeals, and denials or revocations of registrations.
(g) The advisory group may facilitate the development of materials that the Secretary of State may utilize to educate the public and industry concerning the requirements regarding maintaining a cemetery.
(h) The Secretary of State may seek the advice of the advisory group on matters necessary to carry out the Secretary of State's responsibilities under this chapter; provided, however, that such advice shall be advisory only and shall not limit or supersede the authority of the Secretary under this chapter."
SECTION 1-4.
Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 10-14-4, relating to registration of cemetery owners, preneed dealers, burial or funeral merchandise dealers, exemptions, and nonperpetual care cemeteries, as follows: "(2) Every person desiring to be a registered preneed dealer, other than a person already licensed by the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians as a cemeterian registered under this chapter, shall file with the Secretary of State a registration application in a form prescribed by the Secretary of State, executed and duly verified under oath by the applicant, if the applicant is an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:
(A) The name of the applicant;
(B) The location, mailing address, and telephone number of the applicant's principal business location in Georgia and the same information for other locations where business is conducted, together with any trade names associated with each location;
(C) All locations of the records of the applicant which relate to preneed sales in Georgia;
(D) If the applicant is not a natural person, the names of the president, secretary, and registered agent if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority, if the applicant is some other entity and their respective addresses and telephone numbers; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;
(E) A certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation;
(F) A description of any judgment or pending litigation to which the applicant or any affiliate of the applicant is a party and which involves the operation of the applicant's preneed business in Georgia or which could materially affect the business or assets of the applicant;
(G) Whether the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this chapter and, if so, the location, mailing address, telephone number, and type of registration of such other entities;
(H) A consent to service of process meeting the requirements of Code Section 10-14-24 for actions brought by the State of Georgia;
(I) A list of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any grave lots, burial rights, burial or funeral merchandise, or burial services on behalf of the applicant;
(J) A balance sheet of the applicant dated as of the end of the most recent fiscal year and in no event dated more than 15 months prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection;
(K) The name, address, location, and telephone number of the preneed trust or escrow account depository or depositories, the names of the accounts, and the account numbers;
(L) An executed copy of the trust or escrow agreement required by Code Section 10-14-7 or 10-14-7.1;
(M) The name, address, and telephone number of the trust or escrow agent;
(N) Such other information and documents as the Secretary of State may require by rule; and
(O) A filing fee of $250.00.
The provisions of this paragraph notwithstanding, a person licensed by the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians as a cemeterian registered under this chapter shall not be required to separately register as a preneed dealer, provided that the requirements of subparagraphs (A) through (N) of this paragraph are satisfied."
SECTION 1-5.
Said chapter is further amended by adding a new Code section to read as follows:
"10-14-4.1.
(a) Every cemetery owner registered under this chapter shall establish, implement, and maintain written procedures constituting a business continuity and succession plan. The plan shall be appropriate to the size and structure of the cemetery owner's operations, the nature of the cemetery's services, the number of cemetery locations, and whether preneed sales or perpetual care activities are conducted. Such plan shall be reasonably designed to enable the cemetery to meet its existing obligations to customers. The business continuity plan shall be made available to the Secretary of State.
(b) The business continuity and succession plan shall, at a minimum, provide for:
(1) The protection, backup, and recovery of cemetery records, including burial rights, ownership records, lot sales and plats, interment and disinterment records, preneed contracts and trust or escrow documents, perpetual care trust fund records, cemetery rules and regulations, and all financial books and records required under this chapter;
(2) Alternate means of communication with lot owners, purchasers, preneed contract holders, funeral establishments, key personnel, employees, contractors, vendors, service providers, including trustees, escrow agents, and depositories, and the Secretary of State, as well as procedures for providing timely notice of a significant business interruption, the death or unavailability of key personnel, the inability to perform interments or inurnments, interruptions in access to cemetery property, or any other cessation or disruption of operations;
(3) Temporary or permanent relocation of cemetery operations in the event of a loss of the principal place of business or essential cemetery facilities;
(4) The assignment of duties to qualified responsible persons to ensure continuity of cemetery operations in the event of the death, incapacity, or unavailability of key personnel, including procedures for conducting scheduled interments or inurnments, responding to lot owners and families, complying with trust or escrow deposit requirements, and safeguarding cemetery property and records; and
(5) Procedures designed to minimize service disruptions and prevent harm to lot owners, preneed contract holders, families, and the public in the event of a sudden or significant business interruption, including continuity of grounds maintenance, perpetual care, interment and inurnment services, trust or escrow administration, and the security and integrity of cemetery property.
(c) The Secretary of State shall require a registered cemetery owner to provide such additional information, documentation, or assurances as the Secretary of State considers necessary or appropriate for the protection of purchasers and trust beneficiaries, consistent with the Secretary of State's investigative and supervisory authority under this chapter and under Chapter 5 of this title, the 'Georgia Uniform Securities Act of 2008.'
(d) The Secretary of State shall promulgate such rules and regulations as are necessary to implement and enforce the provisions of this Code section."
SECTION 1-6.
Said chapter is further amended by revising subsection (a) of Code Section 10-14-5, relating to registration of preneed sales agents and retention of employee applications by registered cemeteries, as follows:
"(a) All individuals who offer preneed contracts to the public, or who execute preneed contracts on behalf of any entity required to be registered as a preneed dealer, and all individuals who offer, sell, or sign contracts for the preneed sale of burial rights shall be registered with the Secretary of State as preneed sales agents, pursuant to this Code section, unless such individuals are exempted under this chapter or individually own a controlling interest in a preneed dealer registered under this chapter. For purposes of this chapter, any person licensed by or registered with the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians registered under this chapter as a cemeterian shall be deemed a registered preneed dealer, and regulated pursuant to the rules governing same, by virtue thereof."
SECTION 1-7.
Said chapter is further amended by revising subsections (b), (e), and (j) of Code Section 10-14-6, relating to perpetual care trust funds, as follows: "(b)(1) Each cemetery or cemetery company required to be registered by this chapter shall establish and maintain an irrevocable trust fund for each cemetery owned.
(2) For trust funds established on or after July 1, 2000, the initial deposit to said irrevocable trust fund shall be the sum of $10,000.00 and the deposit of said sum shall be made before selling or contracting to sell any burial right. No such initial deposit shall be required with respect to any cemetery for which there is an existing perpetual care account on July 1, 2000. The trust fund shall apply to sales or contracts for sale of lots, grave spaces, niches, mausoleums, columbaria, urns, or crypts in which perpetual care has been promised or guaranteed.
(3) The initial corpus of the trust fund and all subsequent required deposits shall be deposited in a state bank, state savings and loan institution, savings bank, national bank, or federal savings and loan institution, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or a state or federally chartered credit union insured under 12 U.S.C. Section 1781 of the Federal Credit Union Act, or other depository or trustee which is approved by the Secretary of State or which meets the standards contained in the rules and regulations promulgated by the Secretary of State.
(4) Each perpetual care trust fund established on or after July 1, 2000, shall be named 'The ___________ Cemetery ____________ Perpetual Care Trust Fund' with the first blank being filled by the name of the cemetery and the second blank being filled by the month and year of the establishment of such trust fund. If a cemetery has a perpetual care trust fund existing on July 1, 2000, and the perpetual care trust fund agreement permits, the cemetery may make additional deposits to such a trust fund on the condition that the entire corpus of the trust fund, any income earned by the trust fund, and any subsequent deposits to the trust fund are thereafter governed by the provisions of this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, except for the amount of the initial deposit to the trust fund. If a cemetery owner or company cemetery elects to establish a new perpetual care trust fund subject to the provisions of this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, any perpetual care trust fund which existed on July 1, 2000, is subject to the provisions of law in effect on the date of its establishment, and deposits for sales transacted on or after July 1, 2000, shall be deposited in the trust fund established on or after July 1, 2000. If a cemetery existing on July 1, 2000, has an existing perpetual care trust fund which complies with provisions of law in effect on the date of its establishment, a new trust fund created in compliance with this chapter shall not require an initial deposit."
"(e)(1) The income earned by the trust fund shall be retained by the trust fund. At such time as either:
(A) The cemetery owner is not licensed registered and has not been licensed registered for 90 or more consecutive days to sell burial rights;
(B) The cemetery is under the management of a receiver; or
(C) Less than 50 percent of available lots are unsold,
then 95 percent of the income from the trust fund shall be paid to the owner or receiver exclusively for covering the costs of care and maintenance of the cemetery, including reasonable administrative expenses incurred in connection therewith. The income of the trust fund shall be paid to the owner or receiver at intervals agreed upon by the recipient and the trustee, but in no case shall the income be paid more often than monthly.
(2) Subject to the limitations set forth in paragraph (1) of this subsection, a cemetery owner or receiver may request a trustee to distribute income following the unitrust distribution method provisions outlined in Code Section 53-12-362. The cemetery owner or receiver may select the unitrust distribution method by delivering written instructions to the trustee no later than 60 days prior to when the conversion shall take place. Such notification shall also be provided to the Secretary of State. The unitrust distribution method and the distribution rate selected shall remain in effect unless the cemetery or cemetery company notifies the trustee and the Secretary of State of its desire to effect a change.
(3) Disbursements from the trust in accordance with this subsection shall be made on a monthly, quarterly, semiannual, or annual basis, as agreed upon by the cemetery or cemetery company and the trustee.
(4) The Secretary of State may limit or prohibit any distribution based on the unitrust distribution method provisions in situations where investment returns and distribution practices have not resulted in sufficient protection of the perpetual care trust fund's trust principal based upon a three three-year to five-year analysis." "(j) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the trust account as required by this chapter or of fraud, theft, or misconduct by the owners of the cemetery or the officers or directors of a cemetery company which has wasted or depleted such funds, the cemetery owners or the officers or directors of a cemetery company may be held jointly and severally liable for any deficiencies in the trust account as required in this chapter."
SECTION 1-8.
Said chapter is further amended by revising subsection (i) of Code Section 10-14-7, relating to preneed escrow accounts or trust funds, as follows:
"(i) Trust funds shall not be invested in or loaned to any business venture controlled by the preneed dealer, a person who owns a controlling interest of a cemetery owner preneed dealer that is not a natural person, any cemetery or cemetery controlled by such persons, or an affiliate of any of these persons or entities."
SECTION 1-9.
Said chapter is further amended by revising subsection (c) of Code Section 10-14-9, relating to amendment of registration applications, audit of registrant records, and transfer of ownership in cemeteries or preneed dealers, as follows:
"(c)(1) When any a cemetery or preneed dealer registered under Code Section 10-14-4 is sold or the transfers ownership is otherwise transferred of a cemetery or preneed business, or a controlling interest is sold or transferred, the vendor or the transferor of such cemetery, preneed dealer, or interest shall remain liable for any funds that should have been deposited prior to the date of such sale or transfer in the perpetual care trust fund or the preneed escrow account, or both.
(1)(2) Prior to such sale or transfer, the vendor or transferor shall notify the Secretary of State of the proposed transfer and submit to the Secretary of State any document or record the Secretary of State may require in order to demonstrate that said vendor or transferor is not indebted to the perpetual care trust fund or the preneed escrow account, or both. After the transfer of ownership or control and the presentation of proof of currency of the perpetual care trust fund or the preneed escrow account, or both, by the vendor or transferor, the Secretary of State may require the presentation of proof of the continued current status of the perpetual care trust fund or the preneed escrow account, or both, by the vendee or transferee. The Secretary of State is authorized to recover from such vendor, transferor, vendee, or transferee, for the benefit of the perpetual care trust fund or the preneed escrow account, or both, all sums which the vendor, transferor, vendee, or transferee has not properly accounted for and paid into the trust fund. (2)(3) When the vendee or transferee has complied with the provisions of this subsection, he or she shall submit to the Secretary of State an application for registration and appropriate fees pursuant to Code Section 10-14-4. The Secretary of State shall then issue a certificate of registration to said vendee or transferee."
SECTION 1-10.
Said chapter is further amended by revising subsection (d) of Code Section 10-14-19, relating to enforcement of chapter and civil penalties, as follows:
"(d) In any civil proceeding brought under this Code section, if the Secretary of State shall establish that a perpetual care trust fund or preneed escrow account has not been established and maintained as required, the assets of the cemetery owner, cemetery company, or preneed dealer may be seized and sold by the state under orders of the court to the extent necessary to provide said perpetual care trust fund or preneed escrow account and set up the same. In addition, where the registration has been revoked, the whole company cemetery property may be ordered sold after the perpetual care trust fund and preneed escrow account have been established so that the purchaser of the cemetery may continue to operate the same and maintain it under the terms of this chapter."
SECTION 1-11.
Said chapter is further amended by replacing "cemetery company" and "cemetery company's" with "cemetery" and "cemetery's" wherever each such former term appears in:
(1) Code Section 10-14-12, relating to separate accounts and records, owner acting as truster, removal of trustee, removal of trustee or escrow agent, and financial reports;
(2) Code Section 10-14-17, relating to prohibited acts and fees; and
(3) Code Section 10-14-29, relating to construction of mausoleums and columbariums and preconstruction trust funds.
SECTION 1-12.
Said chapter is further amended in Code Section 10-14-23, relating to administrative appeal of orders issued by Secretary of State, by revising subsection (a) as follows: "(a) Where the Secretary of State has issued any order forbidding the sale of burial lots, burial rights, burial merchandise, or burial services under any provision of this chapter, he or she shall promptly send to the cemetery owner, cemetery company, burial or funeral merchandise dealer, or preneed dealer and to the persons who have filed such application for registration a notice of opportunity for hearing. Before entering an order refusing to register any person or entity and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person or entity a notice of opportunity for hearing. Hearings shall be conducted by the Secretary of State pursuant to this Code section."
SECTION 1-13.
Title 43 of the Official Code of Georgia Annotated, relating to professions and business, is amended by repealing Chapter 8B, relating to cemetarians.
SECTION 1-14.
Code Section 53-2-27 of the Official Code of Georgia Annotated, relating to DNA testing for kinship, procedure, costs, conduct of tests, enforcement, and use of results, is amended by revising paragraph (1) of subsection (d) as follows:
"(d)(1) The costs of obtaining and testing of DNA samples, including the costs of disinterment and reinterment of the remains of the decedent, if necessary, as well as the costs of providing the report, shall be assessed against and paid by the moving party, and the court may award such costs as part of its final decree; provided, however, that the court may, in its discretion after all parties in interest have been given reasonable opportunity to be heard, cast all or part of such costs against one or more parties in interest upon entering a finding of fact that any such party has asserted in bad faith a position with respect to the kinship in controversy in a proceeding under this article or has failed unreasonably to cooperate with an order for DNA testing entered pursuant to this Code section. The costs of disinterment may include a reasonable fee for services provided by a cemetery company in connection therewith, subject to the limitation upon such charges imposed by subsection (d) of Code Section 10-14-17."
PART II
SECTION 2-1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by repealing Chapter 6, relating to auctioneers, and enacting a new Chapter 6 to read as follows:
"CHAPTER 6
43-6-1.
As used in this chapter, the term:
(1) 'Absolute auction' means that ownership and title of real or personal property offered at auction shall be conveyed to the high bidder without reservation and without any competing bids of any type by the owner or an agent of the owner of the property.
(2) 'Auction business' or 'business of auctioning' means the performing of any of the acts of an auctioneer, including bid calling for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction or offering, negotiating, or attempting to negotiate a listing contract for the sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale.
(3) 'Auction with reserve' means that the seller reserves the right to refuse any and all bids.
(4) 'Auctioneer' means any person, licensed under this chapter, who, for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction, whether conducted in person, online, electronically, or through an internet-based platform, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale.
(5) 'Goods' means any chattel, goods, merchandise, real or personal property, or commodities of any form or type which lawfully may be kept or offered for sale.
(6) 'Person or persons' means an individual.
(7) 'Ringperson' means any person employed directly by an auctioneer or auction company responsible for a sale who assists the auctioneer in the conduct of an auction, provided that such person shall not be permitted to call or chant a bid or negotiate a listing contract.
(8) 'Secretary of State' means the Secretary of State of the State of Georgia or his or her designee.
43-6-2.
In carrying out the duties and responsibilities under this chapter, the Secretary of State may seek the advice and counsel of industry representatives, stakeholders, or subject matter experts as he or she deems appropriate to provide expertise and assistance in the administration and enforcement of this chapter.
43-6-3.
The Secretary of State shall have the power to regulate the issuance of licenses, to revoke or suspend licenses issued under this chapter, and to censure licensees for any violation of this chapter.
43-6-4.
(a) It shall be unlawful for any person, directly or indirectly, to engage in, conduct, advertise, hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, an auctioneer within this state without first obtaining a license as an auctioneer as provided in this chapter, unless he or she is exempted from obtaining a license under Code Section 43-6-15.
(b) It shall be unlawful for any licensed auctioneer to act in such capacity in the sale of real property unless such auctioneer is also licensed as a real estate broker, associate broker, or salesperson under Chapter 40 of this title; provided, however, that any auctioneer who was licensed as such by this state prior to July 1, 1978, and who, prior to December 31, 1984, submits proof to the commission that he or she has been auctioning real property for five years or more immediately prior to the date of application shall not be required to meet the provisions of this subsection, but such person shall not thereby be construed to be a real estate broker, associate broker, or salesperson under Chapter 40 of this title.
43-6-5.
(a) Any person desiring to act as an auctioneer shall file an application for licensure with the Secretary of State. The application shall be completed and submitted upon a form and in such manner as prescribed by the Secretary of State and shall be accompanied by the applicable fees and evidence satisfactory to the Secretary of State that the applicant meets the requirements for licensure under this chapter.
(b) To be eligible for licensure as an auctioneer, an applicant shall:
(1) Be at least 18 years of age;
(2) Have obtained a high school diploma or its equivalent, as determined by the Secretary of State;
(3) Have successfully completed an auctioneer education program approved pursuant to this chapter;
(4) Successfully pass an examination approved or administered by the Secretary of State to determine the applicant's knowledge and competency to practice as an auctioneer in this state;
(5) Maintain an escrow or trustee account for the receipt, holding, or disbursement of funds belonging to others and provide information identifying such account, together with authorization permitting examination of the account by the Secretary of State or his or her designee; and
(6) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2, establishing the applicant's identity, and submits an affidavit verifying lawful presence in the United States pursuant to Code Section 50-36-1, together with any required immigration documentation for noncitizen applicants.
(c) An application for a license under this Code section shall constitute express consent and authorization for the Secretary of State to perform a criminal background check conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation. Each applicant who submits an application to the Secretary of State for licensure agrees to provide any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check.
(d) The Secretary of State shall have the authority to approve auctioneer education programs and schools that are accredited by a recognized accrediting body or otherwise deemed eligible by the Secretary of State to meet the education requirements of this chapter. The Secretary of State may establish standards, criteria, and procedures by rule for such approval or eligibility determinations.
43-6-6.
(a) All licenses issued under this chapter shall be renewable biennially at such time as may be designated by the division director, as defined in Code Section 43-1-1, and shall expire as provided in Code Section 43-1-4. Applications for renewal shall be filed with the Secretary of State prior to the expiration date and shall be accompanied by the renewal fee prescribed by the Secretary of State, and proof, in a form acceptable to the Secretary of State, that the licensee has completed continuing education as required in Code Section
43-6-7.
(b) Each licensee shall be responsible for the timely renewal of his or her license and shall notify the Secretary of State, in a manner prescribed by the Secretary of State, of any change in mailing address or contact information.
(c) Failure to renew a license shall result in forfeiture of the license, which shall have no force or effect unless and until reinstated in accordance with this Code section.
(1) A forfeited license may be reinstated within one year of the expiration date upon submission of an application and payment of all required renewal and restoration fees, in such manner as prescribed by the Secretary of State.
(2) A license that has been forfeited for more than one year but less than two years may be reinstated at the discretion of the Secretary of State upon submission of an application, payment of the required fees, and compliance with any continuing education requirements established pursuant to this chapter.
(d) Failure to restore a forfeited license within two years of the expiration date shall result in automatic termination of the license, and the Secretary of State may require the individual to reapply for licensure as a new applicant.
43-6-7.
(a) The Secretary of State shall be authorized to require persons seeking renewal of an auctioneer's license under this chapter to complete approved continuing education of not more than eight hours biennially.
(b) The Secretary of State shall be authorized to waive the continuing education requirement in cases of hardship, disability, or illness or under such other circumstances as the Secretary of State deems appropriate.
(c) The Secretary of State shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.
43-6-8.
(a) Any resident of another state who holds a current license as an auctioneer under the laws of any other state having requirements similar to those in this chapter may, at the discretion of the Secretary of State, be issued a license to practice as an auctioneer in this state without written examination upon the payment of the fees as required by the Secretary of State.
(b) Any resident of another state which does not have a law regulating the licensing of auctioneers but who holds a current and valid license in a state which has a reciprocal licensing agreement with Georgia may, at the discretion of the Secretary of State, be issued a license to practice as an auctioneer in this state without examination upon the payment of a fee as required by the Secretary of State.
(c) By applying for or engaging in the business of auctioning in this state pursuant to this Code section, a nonresident auctioneer shall be deemed to have appointed the Secretary of State as the auctioneer's lawful agent for service of process in any civil action or legal proceeding arising out of or related to the auctioneer's business of auctioning in this state. Service of process upon the Secretary of State pursuant to this subsection shall be of the same legal force and effect as personal service upon the auctioneer. Upon receipt of such process, the Secretary of State shall forward a copy thereof to the auctioneer at the auctioneer's last known address on file with the Secretary of State.
43-6-9.
(a) Every licensed auctioneer shall maintain an active escrow or trustee account at a financial institution for the receipt, holding, and disbursement of funds belonging to others arising from auction activities.
(b) All auction proceeds received by an auctioneer shall be deposited into an escrow or trustee account not later than 48 hours or the next business day after receipt, unless settlement is made within 24 hours.
(c) Funds belonging to others shall not be commingled with the auctioneer's personal funds or with any general operating account and shall be held in the escrow or trustee account until properly disbursed to the appropriate parties.
(d) Every licensed auctioneer shall provide to the Secretary of State information identifying the escrow or trustee account, including the name of the financial institution and the account number, together with authorization permitting examination of such account by the Secretary of State or his or her designee.
(e) Every licensed auctioneer shall notify the Secretary of State of any change in the name or location of the escrow or trustee account or any other material change affecting compliance with this Code section, in such manner as prescribed by the Secretary of State.
(f) The Secretary of State may adopt rules governing escrow or trustee account requirements, reporting, recordkeeping, and examination as necessary to administer and enforce this Code section.
43-6-10.
The Secretary of State shall prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensed auctioneer, as the case may be, stating the period of time for which fees have been paid.
(b) A Georgia auctioneer's license identification card, or an electronic or digital version thereof approved by the Secretary of State, shall be carried on the auctioneer's person when participating in the business of auctioning in any capacity.
(c) Should the auctioneer change his or her place of business, he or she shall notify the Secretary of State in writing within ten days of such change, and thereupon a new pocket card shall be granted to the auctioneer.
43-6-11.
(a) Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of any other crime in a court of competent jurisdiction of this or any other state, district, or territory of the United States or of a foreign country, such untrustworthiness of the applicant and the conviction, in itself, may be a sufficient ground for refusal of a license.
(b) Where an applicant has made a false statement of material fact on his or her application, such false statement, in itself, may be sufficient ground for refusal of a license.
(c) Grounds for suspension or revocation of a license, as provided for by this chapter, shall also be grounds for refusal to grant a license.
43-6-12.
The refusal to grant a license as provided in this chapter shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and notice and hearing as provided in such chapter shall not be required in connection with such refusal. Notice of refusal to grant a license shall be sent by registered mail or statutory overnight delivery or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's address of record with the Secretary of State, and the applicant shall be allowed to appear before the Secretary of State, or their designee, if the applicant requests to do so in writing.
43-6-13.
The Secretary of State shall have the authority to investigate the actions of any auctioneer and shall have power to censure such licensee or to revoke or suspend any license issued under this chapter whenever such license has been obtained by false or fraudulent representation or the licensee has been found guilty of any unfair trade practices, including, but not limited to:
(1) Making any substantial misrepresentation while describing any property, real or personal; using any false, deceptive, misleading, or untruthful advertising; or making any statements, whether in person or through advertising, which may create false or unjustified expectations of the services to be performed;
(2) Engaging in a continued and flagrant course of misrepresentation, making false promises through an agent, or advertising an auction to be an absolute auction while conducting the auction with reserve or otherwise inconsistently with such representation;
(3) Failing to account for or remit, within 30 days unless otherwise provided by contract, any money belonging to others that comes into his or her possession, commingling funds of others with his or her own, or failing to keep such funds of others in an escrow or trustee account;
(4) Conviction by a court of competent jurisdiction in this state or any other state of a felony or a crime involving moral turpitude;
(5) Violation of this chapter, any rule or regulation, or code of ethics promulgated by the Secretary of State;
(6) Engaging in conduct demonstrating bad faith, dishonesty, fraud, incompetence, or untruthfulness in connection with the business of auctioning;
(7) Having had any license to practice a business or profession revoked, suspended, annulled, or sanctioned, or otherwise having had any disciplinary action taken by any other licensing authority in this or any other state; or
(8) Knowingly making any misleading, false, or deceptive statement on any application for a licensure or renewal under this chapter.
(b) The Secretary of State may discipline, suspend, revoke, or refuse to renew a license only after proper notice and an opportunity for a hearing.
(c) Except as otherwise provided, the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall be applicable to the provisions of this chapter and to the Secretary of State in carrying out the provisions of this chapter.
43-6-14.
Whenever, in the judgment of the Secretary of State, any person has engaged in any acts or practices which constitute a violation of this chapter, the Attorney General may bring an action in the name of the state in the superior court of the county in which venue is proper, to abate and temporarily and permanently to enjoin such acts and practices and to enforce compliance with this chapter. The plaintiff shall not be required to give any bond.
43-6-15.
Except as otherwise provided in this chapter, this chapter shall not apply to:
(1) Any person acting as a receiver, trustee in bankruptcy, administrator, executor, or any such person acting under order of any court;
(2) Any nonprofit organization conducting an auction where the funds are to be used in a way as to benefit persons with physical or mental disabilities or disorders or for research related to cures or prevention of such disabilities or disorders, nor shall this chapter apply to any auction conducted by a nonprofit organization where the funds are to be used for the preservation of wildlife or its habitats whether conducted by a licensed auctioneer or nonlicensed auctioneer;
(3) Any person acting as an auctioneer in the auction of livestock, forest products, or farm products in an auction facility which is licensed and bonded under the provisions of Article 3 of Chapter 6 of Title 4 or in an auction facility which is licensed under Code Section 10-4-101 or to any youth livestock auction, sponsored by a 4-H Club or the Future Farmers of America;
(4) Any students of approved auctioneering schools during the term of their course of study;
(5) Any person conducting a public sale of personal property pursuant to the provisions of Code Section 10-4-213; or
(6) Ringpersons as defined in Code Section 43-6-1.
43-6-16.
Any person acting as an auctioneer as provided in this chapter without a license and any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00, by imprisonment for a term not to exceed 90 days, or both.
43-6-17.
Nothing in this chapter shall prohibit any lawful regulation or licensing of auctioneers by any municipality, county, or other political subdivision of this state; provided, however, that no such political subdivision shall license any auctioneer required to be licensed by this chapter unless such auctioneer has been approved for licensure by the Secretary of State as required in this chapter.
43-6-18.
(a) Effective July 1, 2026, the Georgia Auctioneers Commission shall stand dissolved. Notwithstanding such dissolution, the auctioneers education, research, and recovery fund established pursuant to the former provisions of Code Section 43-6-22.1 as such provisions existed prior to July 1, 2026, shall remain in existence solely for the purpose of administering, defending, and paying claims arising from acts, representations, transactions, or conduct of a licensee and to fund continuing education for auctioneers.
(b) On and after July 1, 2026, the Secretary of State shall serve as the successor administrator to the Georgia Auctioneers Commission for all matters arising under this Code section, including the receipt of notices, the defense of actions, the processing of claims, and the payment of court ordered damages from the fund. Any person, except bonding companies when they are not principals in an auction transaction, aggrieved by an act, representation, transaction, or conduct of an individual licensed under this chapter which is in violation of the current or former provisions of this chapter or of the rules and regulations promulgated pursuant to such, may recover, by order of any court having competent jurisdiction, actual or compensatory damages, not including interests and costs sustained by the act, representation, transaction, or conduct, provided that nothing shall be construed to obligate the fund for more than $10,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate or lots of personal property involved in such transaction. In addition:
(1) The liability of the fund for the acts of an individual licensed under this chapter, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $20,000.00 on behalf of such licensee;
(2) A licensee acting as a principal or agent in an auction transaction has no claim against the fund;
(3) No person who establishes a proper claim or claims under this Code section shall ever obtain more than $10,000.00 from the fund; and
(4) The fund shall not pay out for any wrongdoing by an auction company if the wrongdoing occurred on or after July 1, 2026.
(c)(1) No action for a judgment which subsequently results in an order for collection from the fund shall be started later than two years from the accrual of the cause of action thereon. When any aggrieved person commences action for a judgment which may result in collection from the fund, the aggrieved person shall notify the Secretary of State in writing, by certified mail or statutory overnight delivery, return receipt requested, to this effect at the time of the commencement of such action. The Secretary of State shall have the right to intervene in and defend any such action.
(2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any individual licensed under the provisions of this chapter for any act, representation, transaction, or conduct which is in violation of this chapter or of the regulations promulgated pursuant to this chapter, or which is in violation of Chapter 47 of this title or of the regulations promulgated pursuant to Chapter 47 of this title, which act occurred on or after January 1, 1992, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days' written notice to the Secretary of State, may apply to the court for an order directing payment out of the fund of the amount unpaid upon the judgment, subject to the limitations stated in this Code section.
(3) The court shall proceed upon such application in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show:
(A) That he or she is not a spouse of the judgment debtor or the personal representative of such spouse;
(B) That he or she has complied with all the requirements of this Code section;
(C) That he or she has obtained a judgment, as set out in paragraph (2) of this subsection, stating the amount thereof and the amount owing thereon at the date of the application; and that, in such action, he or she had joined any and all bonding companies which issued corporate surety bonds to the judgment debtors as principals and all other necessary parties;
(D) That he or she has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found or that the amount realized on the sale of them as were found, under such execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due to the judgment after application thereon of the amount realized;
(E) That he or she has caused the judgment debtor to make discovery under oath concerning his or her property in accordance with Chapter 11 of Title 9, the 'Georgia Civil Practice Act';
(F) That he or she has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment;
(G) That by such search he or she has discovered no personal or real property or other assets liable to be sold or applied or that he or she has discovered certain of them, describing them, owned by the judgment debtor and liable to be so applied and that he or she has taken all necessary action and proceedings for the realization thereof and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; and
(H) That the following items, if any, as recovered by him or her have been applied to the actual or compensatory damages awarded by the court:
(i) Any amount recovered from the judgment debtor or debtors;
(ii) Any amount recovered from the bonding company or companies; or
(iii) Any amount recovered in out-of-court settlements as to particular defendants.
(4) Whenever the aggrieved person satisfies the court that it is not practical to comply with one or more of the requirements enumerated in subparagraphs (D), (E), (F), (G), or
(H) of paragraph (3) of this subsection and that the aggrieved person has taken all reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may, in its discretion, dispense with the necessity for complying with such requirements.
(5) The court shall make an order directed to the Secretary of State requiring payment from the fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this Code section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by paragraph (3) of this subsection and is satisfied that the aggrieved person has fully pursued and exhausted all remedies available to him or her for recovering the amount awarded by the judgment of the court.
(6) If, at any time, the money deposited in the fund is insufficient to satisfy any duly authorized claim or portion thereof, the Secretary of State, as successor administrator to the Georgia Auctioneers Commission, shall satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of 4 percent per annum. In no event shall the state, the Secretary of State, the former Georgia Auctioneers Commission, or any member or employee thereof be liable to any person for any deficiency in payment under this Code section. (d)(1) On and after July 1, 2026, the fund shall continue to be held in trust for the payment of claims, and the Secretary of State shall administer only the balance existing on such date and any earnings thereon.
(2) On December 31 of each year, the fund balance shall be assessed and, if the balance is below $10,000.00, any remaining moneys shall be transferred to the general fund of the state treasury, and the fund shall stand abolished. Until such date, such moneys may be invested in any investments which are legal for domestic insurance companies under Articles 1 and 3 of Chapter 11 of Title 33, and the interest from these investments shall be deposited to the credit of the fund. Revenue generated by the annual compounding interest from the date of the fund's inception may be dispensed by the Secretary of State or his or her designee to fund continuing education for auctioneers.
(e) It shall be unlawful for any person or his or her agent to file with the commission any notice, statement, or other document required under this Code section which is false, untrue, or contains any material misstatement of fact and shall, upon conviction, be punishable as a misdemeanor.
(f) When the Secretary of State receives notice, as provided in subsection (c) of this Code section, the Secretary of State may enter an appearance, file an answer, appear at the court hearing, defend the action, or take whatever other action he or she may deem appropriate on behalf of and in the name of the defendant and take recourse through any appropriate method of review on behalf of and in the name of the defendant.
(g) When, upon the order of the court, the Secretary of State has paid from the fund any sum to the judgment creditor, the Secretary of State shall be subrogated to all of the rights of the judgment creditor. The judgment creditor shall assign all its right, title, and interest in the judgment to the Secretary of State before any payment is made from the fund, and any amount and interest so recovered by the Secretary of State on the judgment shall be deposited in the fund. If the total amount collected on the judgment by the Secretary of State exceeds the amount paid from the fund to the original judgment creditor plus interest and the cost of collection, the Secretary of State may elect to pay any overage collected to the original judgment creditor or reassign the remaining interest in the judgment to the original judgment creditor. The payment or reassignment to the original judgment creditor shall not subject the fund to further liability for payment to the original judgment creditor based on that transaction or judgment. Any costs incurred by the Secretary of State's attempt to collect assigned judgments shall be paid from the fund.
(h) The failure of an aggrieved person to comply with all of the provisions of this Code section shall constitute a waiver of any rights under this Code section."
SECTION 2-2.
Said title is further amended in Code Section 43-47-10, relating to investigation of licensees by board, suspension or revocation of license, and other sanctions, by revising division (1)(P)(iii) as follows:
"(iii) A violation of this subparagraph shall also be grounds for suspension or censure of a license under Code Section 43-6-18 43-6-13, and any auction violating this subparagraph may be required by the board to surrender its master tag;"
PART III
SECTION 3-1.
Said title is further amended by repealing Chapter 19, relating to geologists, and enacting a new Chapter 19 to read as follows:
"CHAPTER 19
43-19-1.
This chapter shall be known and may be cited as the 'Registration of Professional Geologists Act' and is enacted to safeguard life, health, and property and to promote the public welfare.
43-19-2.
As used in this chapter, the term:
(1) 'Geologist' means a person registered under this chapter to engage in the practice of geology.
(2) 'Geology' means that science which treats of the earth in general; investigation of the earth's crust and the rocks and other materials which compose it; and the applied science of utilizing knowledge of the earth and its constituent rocks, minerals, liquids, gases, and other materials for the benefit of mankind.
(3) 'Public practice of geology' means the performance of geological service or work such as consultation, investigation, surveys, evaluation, planning, mapping, and inspection of geological work in which the performance is related to public welfare or safeguarding of life, health, property, and the environment, except as specifically exempted by this chapter. A person shall be construed to practice publicly or offer to practice publicly geology, within the meaning and intent of this chapter, who practices any branch of the profession of geology; or who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents themselves to be a geologist; or through the use of some other title implies that he or she is a geologist; or that he or she is registered under this chapter; or who holds themselves out as able to perform or who does perform any geological services or work recognized as geology.
(4) 'Registered professional geologist' means a person who is registered as a geologist under this chapter.
(5) 'Responsible charge of work' means the independent control and direction, by the use of initiative, skill, and independent judgment, of geological work or the supervision of such work.
(6) 'Secretary of State' means the Secretary of State of the State of Georgia or his or her designee.
(7) 'Subordinate' means any person who assists a registered professional geologist or a registered engineer in the practice of geology without assuming the responsible charge of work.
43-19-3.
In carrying out the duties and responsibilities under this chapter, the Secretary of State shall seek the advice and counsel of industry representatives, stakeholders, or subject matter experts to provide expertise and assistance in the administration and enforcement of this chapter.
43-19-4.
By engaging in the public practice of geology in this state, a nonresident individual appoints the Secretary of State as the individual's agent for service of process in any civil action in this state related to the individual's public practice of geology in this state.
43-19-5.
(a) Except as otherwise provided in subsection (e) of this Code section, an individual shall not engage in the public practice of geology in this state without holding a certificate of registration under this chapter.
(b) It shall be unlawful for any person other than a registered professional geologist or a subordinate under his or her direction to prepare any geologic plans, reports, or documents in which the performance is related to the public welfare or safeguarding of life, health, property, or the environment.
(c) It shall be unlawful for any person other than a registered professional geologist to stamp or seal any plans, plats, reports, or other documents with the seal or stamp of a registered professional geologist or to use in any manner the title 'registered professional geologist.'
(d) It shall be unlawful for any person to affix his or her signature or to stamp or seal any plans, plats, reports or other documents after the certification of the registrant named thereon has expired or has been suspended or revoked, unless the certificate has been renewed or reissued.
(e) The provisions of this chapter shall not apply to any individual who is:
(1) Engaged in the practice of any profession or trade for which a license is required under any other law of this state, including, without limitation, licensed professional engineers lawfully practicing soil mechanics, foundation engineering, and other professional engineering as provided in this title; or licensed architects lawfully practicing architecture as provided in this title;
(2) Engaged solely in teaching the science of geology or engaged in nonpublic geologic research in this state;
(3) An officer or employee of the United States or this state practicing geology solely as such officer or employee; and
(4) A subordinate to a geologist registered under this chapter, insofar as he or she acts solely in such capacity; provided, however, that this paragraph shall not be construed to permit any such subordinate to practice geology for others in his or her own right or use the title 'registered professional geologist.'
(f) The right to engage in the practice of geology shall be deemed a personal right, based on the qualifications of the individual as evidenced by his or her certificate of registration, and shall not be transferable.
43-19-6.
(a) The Secretary of State shall issue a certificate of registration as a professional geologist to an applicant when such applicant has completed and submitted an application upon a form and in such manner as the Secretary of State prescribes, accompanied by applicable fees and evidence satisfactory to the Secretary of State that:
(1) The applicant has graduated from an accredited college or university with a bachelor's degree or higher in geology, engineering geology, geological engineering, or a comparable earth or environmental science or engineering focused discipline; or has completed 45 quarter hours or the equivalent in geological science courses leading to a major in geology, of which at least 36 quarter hours or the equivalent were taken in the third or fourth year or in graduate courses;
(2) The applicant has at least seven years of professional geological work, including a minimum of three years under the supervision of a registered professional geologist or a registered civil engineer, or another individual who is legally authorized to practice geology. For purposes of calculating an applicant's years of professional geological work:
(A) Each year of undergraduate study in geological sciences counts as one-half year of training, up to a maximum of two years, and each year of graduate study counts as one full year of training. Credit for undergraduate study, graduate study, and graduate courses, individually or combined, shall not exceed four years toward the required seven years of professional geological work;
(B) Professional geological work or geological research performed by full-time faculty at an accredited college or university shall count toward the required seven years when the work or research involves activities that fall within the definition of geology as defined under this chapter; and
(C) An applicant's years of professional geological work used to satisfy the required seven years shall meet the following criteria:
(i) The professional geological work shall consist of geological tasks included within the statutory definition of the public practice of geology;
(ii) Only professional geological work performed in a position with assigned professional responsibility for geological work shall be counted; and
(iii) Documentation of supervision and experience shall be submitted in the format prescribed by the Secretary of State;
(3) The applicant has successfully passed such examinations endorsed by the National Association of State Boards of Geology as are required by the Secretary of State;
(4) The applicant is in good standing based on a review of the applicant's licensure history in any other jurisdiction, including a review of any prior disciplinary action, alleged misconduct, or negligence in the practice of geology and the applicant has not been previously denied a certificate of registration under this chapter, unless the Secretary of State determines that the grounds for such denial no longer apply; and
(5) The applicant provides at least one secure and verifiable document, as defined in Code Section 50-36-2, establishing the applicant's identity, and submits an affidavit verifying lawful presence in the United States pursuant to Code Section 50-36-1, together with any required immigration documentation for non-citizen applicants.
(b) An application for a certificate of registration under this Code section shall constitute express consent and authorization for the Secretary of State to perform a criminal background check conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation. Each applicant who submits an application to the Secretary of State for a certificate of registration agrees to provide any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check.
43-19-7.
A person holding a certificate of registration to engage in the public practice of geology, on the basis of comparable licensing requirements issued to him or her by a proper authority of a state, territory, or possession of the United States or the District of Columbia, and who, in the opinion of the Secretary of State, otherwise meets the requirements of this chapter based on verified evidence may be registered, upon application, without further examination.
43-19-8.
(a) Except as otherwise provided in subsection (b) of this Code section, the Secretary of State shall issue a certificate of registration to an individual who complies with Code Section 43-19-6.
(b) The Secretary of State may refuse to issue a certificate of registration if it is determined that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to engage in the public practice of geology. In making the determination, the Secretary of State may consider whether the applicant has:
(1) Been convicted of, or entered a plea of nolo contendere to, a crime that, if committed in this state, would constitute a felony or a crime involving moral turpitude, including any offense reasonably related to the applicant's fitness to engage in the public practice of geology. A record of conviction, plea, or a certified copy thereof shall be conclusive evidence of such conviction or plea;
(2) Made a material false, misleading, deceptive, or fraudulent representation in the application or as a geologist;
(3) Engaged in conduct prohibited by this chapter or regulation adopted pursuant to this chapter; or
(4) Had a registration or licensure as a geologist suspended, revoked, or denied or been refused renewal of registration or licensure as a geologist in any state.
(c) The refusal to grant a registration as provided in this Code section shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and notice and hearing within the meaning of such chapter shall not be required in connection with such refusal. Notice of refusal to grant a registration shall be sent by registered mail or statutory overnight delivery or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's address of record with the Secretary of State, and the applicant shall be allowed to appear before the Secretary of State if the applicant requests to do so in writing.
43-19-9.
(a) The Secretary of State may suspend, revoke, or refuse to renew a registration or may discipline an individual registered under this chapter for conduct that would have justified denial of registration under Code Section 43-19-8.
(b) The Secretary of State may discipline, suspend, revoke, or refuse to renew a certificate of registration only after proper notice and an opportunity for a hearing.
(c) Except as otherwise provided, the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall be applicable to the provisions of this chapter and to the Secretary of State in carrying out the provisions of this chapter.
43-19-10.
(a) All certificates shall be renewable biennially at such time as may be designated by the Secretary of State. All applications for renewal shall be filed with the Secretary of State prior to the expiration date, accompanied by the renewal fee prescribed by the Secretary of State. A certificate which has expired for failure to renew may only be restored after application and payment of the prescribed restoration fee.
(b) Each person shall be responsible for timely renewal of his or her certificate of registration and shall notify the Secretary of State, in a manner prescribed by the Secretary of State, of any change in his or her mailing address or contact information.
(c) Failure to renew a certificate of registration shall result in forfeiture of the certificate. Certificates that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees. Failure to restore a forfeited certificate within one year of the date of its expiration shall result in the automatic termination of the certificate, and the Secretary of State may require the individual to reapply for his or her certificate of registration as a new applicant.
43-19-11.
Each registrant under this chapter, upon issuance of a certificate of registration, may use a seal of such design as is authorized by the Secretary of State, bearing the registrant's name and the legend 'Registered Professional Geologist'. All drawings, reports, or other geologic papers or documents involving the practice of geology, as defined in this chapter, which shall have been prepared or approved by a registered professional geologist or a subordinate employee under his or her direction for the use of or for delivery to any person or for public record within this state shall be signed by him or her and impressed with the seal provided for in this Code section or the seal of a nonresident practicing under this chapter, either of which shall indicate his or her responsibility for them.
43-19-12.
The Secretary of State may assess a civil penalty against a geologist not to exceed $10,000.00 for a violation of this chapter.
43-19-13.
1000 This state and its political subdivisions, such as a county, a municipality, or a legally 1001 constituted board, district, commission, or authority, shall contract for geological services 1002 only with persons registered under this chapter or with a firm employing a registered 1003 professional geologist.
1004 43-19-14.
1005 (a) This chapter does not prohibit one or more geologists from practicing through the 1006 medium of a sole proprietorship, partnership, limited liability company, or corporation. In 1007 a partnership, limited liability company, or corporation whose primary activity consists of 1008 geological services, at least one partner, member, or officer shall be a registered 1009 professional geologist.
1010 (b) This chapter does not prevent or prohibit an individual, firm, company, association, or 1011 corporation whose principal business is other than the public practice of geology from 1012 employing a nonregistered geologist to perform nonpublic geological services necessary 1013 to the conduct of its business.
1014 (c) This chapter shall not be construed to prevent or to affect: 1015 (1) The practice of any profession or trade for which a license is required under any other 1016 law of this state; the practice of registered professional engineers from lawfully practicing 1017 soils mechanics, foundation engineering, and other professional engineering as provided 1018 in this title; or licensed architects from lawfully practicing architecture as provided in this 1019 title; or
1020 (2) The practice of a person who is not a resident of and has no established place of 1021 business in this state or who has recently become a resident hereof practicing or offering 1022 to practice the profession of geology herein for more than 90 days in any calendar year 1023 if the person shall have filed with the Secretary of State an application for a certificate of 1024 registration and shall have paid the fee required by this chapter. Such practice shall 1025 continue only for such time as the Secretary of State requires for the consideration of the 1026 applicant for registration.
1027 43-19-15.
1028 Any person who engages in the public practice of geology or publicly offers to engage in 1029 the public practice of geology for others in this state without being registered in accordance 1030 with this chapter; any person presenting or attempting to use as his or her own the 1031 certificate of registration or the seal of another; any person who gives any false or forged 1032 evidence of any kind to the Secretary of State in obtaining a certificate of registration; any 1033 person who falsely impersonates any other registrant of like or different name; or any 1034 person who attempts to use an expired or revoked certificate of registration or who attempts 1035 to practice at any time during a period when the Secretary of State has suspended or 1036 revoked his or her certificate of registration shall, upon conviction, be sentenced as for a 1037 misdemeanor."
1038 SECTION 3-2.
1039 Code Section 12-8-107 of the Official Code of Georgia Annotated, relating to submission of 1040 voluntary investigation and remediation plan, enrollment, proof of assurance, termination, 1041 and compliance status, is amended by revising subsection (a) as follows: 1042 "(a) In order to enroll any qualifying property in the voluntary remediation program 1043 described in this part, an applicant shall submit to the director a voluntary investigation and 1044 remediation plan prepared by a registered professional engineer or a registered professional 1045 geologist who is registered with the State Board of Registration for Professional Engineers 1046 and Land Surveyors or the State Board of Registration for Geologists Secretary of State 1047 and who has experience in responsible charge of the investigation and remediation of such 1048 releases. The voluntary investigation and remediation plan shall be in such streamlined 1049 form as may be prescribed by the director; provided, however, that the plan shall, at 1050 minimum, enumerate and describe those actions planned to bring the qualifying property 1051 into compliance with the applicable cleanup standards, with one or more registered 1052 professionals to be retained by the applicant at its sole cost to oversee the investigation and 1053 remediation described in the plan; all in accordance with the provisions, purposes, 1054 standards, and policies of the voluntary remediation program. The voluntary investigation 1055 and remediation plan shall be considered an application for enrollment in the voluntary 1056 remediation program, and a nonrefundable application fee of $5,000.00 shall be submitted 1057 with the application. The director may, at any time, invoice the participant for any costs 1058 to the division in reviewing the application or subsequent document that exceed the initial 1059 application review fee, including reasonably detailed itemization and justification of the 1060 costs. Failure to remit payment within 60 days of receipt of such invoice may cause 1061 rejection of the participant from the voluntary remediation program. The director may not 1062 issue a written concurrence with a certification of compliance if there is an outstanding fee 1063 to be paid by the participant."
1064 PART IV
1065 SECTION 4-1.
1066 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, 1067 is amended by repealing and reserving Chapter 20, relating to hearing aid dealers and 1068 dispensers.
1069 SECTION 4-2.
1070 Said title is further amended in Code Section 43-44-2, relating to declaration of purpose, as 1071 follows:
1072 "43-44-2.
1073 It is declared to be a policy of this state that in order to safeguard the public health, safety, 1074 and welfare and to protect the public from being misled by incompetent, unscrupulous, and 1075 unauthorized persons, it is necessary to provide regulatory authority over persons offering 1076 speech-language pathology and audiology services and hearing aid dispensing to the 1077 public."
1078 SECTION 4-3.
1079 Said title is further amended in Code Section 43-44-3, relating to definitions regarding 1080 speech-language pathologists and audiologists, by revising paragraph (5) as follows: 1081 "(5) 'Board' means the State Board of Examiners for Speech-Language Pathology, and 1082 Audiology, and Hearing Aid Dispensing."
1083 SECTION 4-4.
1084 Said title is further amended in Code Section 43-44-4, relating to creation of board, effect on 1085 prior board, composition, appointment, vacancies, terms of office, removal of members, 1086 liability for official acts, as follows:
1087 "43-44-4.
1088 (a) The State Board of Examiners for Speech Pathology and Audiology existing on June 1089 30, 1987, is abolished and there is created beginning July 1, 1987, and continuing thereafter 1090 the State Board of Examiners for Speech-Language Pathology and Audiology which shall 1091 succeed to all of that abolished board's powers, duties, and responsibilities which are not 1092 inconsistent with this article and which new board shall be composed of those members of 1093 the abolished board serving as such on June 30, 1987, which members shall serve out their 1094 respective terms of office and until their respective successors are appointed and qualified 1095 pursuant to this Code section. The board created by this Code section shall administer this 1096 article. The board shall consist of eight members who shall be appointed by the Governor 1097 and shall be confirmed by the Senate. Three of the members shall be licensed 1098 speech-language pathologists and three shall be licensed audiologists, all of whom shall 1099 have been engaged in rendering services to the public, teaching, or research in 1100 speech-language pathology or audiology for a period of at least three years immediately 1101 preceding their appointments. One member shall be a board certified otolaryngologist of 1102 this state. One member shall be a lay person representing the public. All members shall 1103 be residents of this state and shall have been residents of this state for at least one year prior 1104 to their appointments. There is continued the State Board of Examiners for Speech 1105 Pathology and Audiology. Effective July 1, 2026, the name of such board shall be the State 1106 Board of Examiners for Speech Language Pathology, Audiology, and Hearing Aid 1107 Dispensing. Such board shall administer this article. Beginning July 1, 2026, the board 1108 shall consist of ten members appointed by the Governor and confirmed by the Senate. 1109 Three members shall be licensed speech language pathologists, three members shall be 1110 licensed audiologists, two members shall be licensed hearing aid dispensers, one member 1111 shall be a board certified otolaryngologist licensed to practice in this state, and one member 1112 shall be a lay person representing the public. Each professional member shall have been 1113 actively engaged in rendering services to the public, teaching, or researching in his or her 1114 respective profession for at least three years immediately preceding appointment. All 1115 members shall be residents of this state and shall have been residents of this state for at 1116 least one year prior to appointment.
1117 (b) Appointments by the Governor may be made from lists of names submitted by the 1118 Georgia Speech-Language-Hearing Association, Georgia Organization for School-Based 1119 Speech-Language Pathologists, Georgia Academy of Audiology, and the Georgia Society 1120 of Otolaryngology Head and Neck Surgery or other interested persons. Board members 1121 shall be appointed for a period of three years and until their respective successors are 1122 appointed and qualified. No member of the board may serve more than two consecutive 1123 full terms.
1124 (c) Members of the board shall serve until the expiration of the terms for which they have 1125 been appointed and until their respective successors are appointed and qualified. When a 1126 vacancy upon the board occurs, the Governor shall appoint, pursuant to this Code section, 1127 a successor to fill the unexpired term.
1128 (d) The Governor may remove any member of the board for dishonorable conduct, 1129 incompetency, or neglect of duty.
1130 (e) No member of the board shall be liable to civil action for any act performed in good 1131 faith in performance of the member's duties as prescribed by law." 1132 SECTION 4-5.
1133 Said title is further amended in Code Section 43-44-6, relating to general powers and duties 1134 of board, as follows:
1135 "43-44-6.
1136 (a) The board shall:
1137 (1) Have the responsibility and duty of administering and enforcing this article and shall 1138 assist the division director in carrying out this article; 1139 (2) Have the power to establish and to revise the requirements for obtaining licensure or 1140 the renewal of licensure;
1141 (3) Make all rules, not inconsistent with this article, that are reasonably necessary for the 1142 conduct of its duties and proceedings;
1143 (4) Adopt rules and regulations relating to professional conduct commensurate with the 1144 policy of this article, including, but not limited to, regulations which establish ethical 1145 standards of practice and for other purposes. Following their adoption, such rules and 1146 regulations consistent with this article shall govern and control the professional conduct 1147 of every person who holds a license to practice under this article; 1148 (5) Conduct hearings and keep records and minutes as are necessary to the orderly 1149 dispatch of its functions;
1150 (6) Adopt a common seal;
1151 (7) Register and otherwise regulate qualified speech-language pathology aides and 1152 audiology assistants. The provisions of this paragraph shall not apply to any student, 1153 intern, or trainee performing speech-language pathology or audiology services while 1154 completing the supervised clinical experience;
1155 (8) Issue provisional licenses to speech-language pathologists during the paid clinical 1156 experience;
1157 (9) Issue, renew, and reinstate licenses and permits; 1158 (10) Deny, suspend, revoke, or otherwise sanction licenses; 1159 (11) Accept results of qualifying examinations, administer examinations, or contract with 1160 qualified testing services to conduct or supervise examinations; 1161 (12) Establish fees;
1162 (13) Establish requirements for continuing professional education of persons subject to 1163 this article by appropriate regulation;
1164 (14) Conduct national background checks by the submission of fingerprints to the 1165 Federal Bureau of Investigation through the Georgia Crime Information Center; provided, 1166 however, that reports from such background check records shall not be shared with 1167 entities outside of this state; and
1168 (15) Administer the Audiology and Speech-Language Pathology Interstate Compact 1169 contained in Article 2 of this chapter; and
1170 (16) Administer the Georgia Hearing Aid Dispensers Act contained in Article 3 of this 1171 chapter.
1172 (b) The division director shall be guided by the recommendations of the board in all 1173 matters relating to this article."
1174 SECTION 4-6.
1175 Said title is further amended in Chapter 44, relating to state speech-language pathology and 1176 audiology licensing, by adding a new article to read as follows: 1177 "ARTICLE 3
1178 43-44-40.
1179 This article may be cited as the 'Georgia Hearing Aid Dispensers Act.' 1180 43-44-41.
1181 All duties, powers, obligations, and functions formerly exercised by the State Board of 1182 Hearing Aid Dealers and Dispensers under the former provisions of Chapter 20 of this title 1183 shall be transferred to the State Board of Speech-Language Pathology, Audiology, and 1184 Hearing Aid Dispensing established under this chapter. All licenses, permits, registrations, 1185 and apprentice permits issued under the former provisions of Chapter 20 of this title that 1186 are valid and in effect on July 1, 2026, shall continue in full force and effect and shall be 1187 deemed issued under this article.
1188 43-44-42.
1189 As used in this article, the term:
1190 (1) 'Apprentice dispenser permit' or 'permit' means a temporary nonrenewable one-year 1191 permit issued while an applicant is in apprenticeship under a licensed dispenser or 1192 audiologist in order to become a licensed prescription hearing aid dispenser. 1193 (2) 'Board' means the State Board of Examiners for Speech-Language Pathology, 1194 Audiology, and Hearing Aid Dispensing.
1195 (3) 'Dispenser license' or 'license' means the license required and issued for each person 1196 who engages in the practice of dispensing prescription hearing aids to or for use by the 1197 eventual user of such hearing aid.
1198 (4) 'Hearing aid' means any wearable electronic instrument or device designed for or 1199 represented or offered for the purpose of compensating for defective human hearing, 1200 including parts, attachments, earmolds, and accessories, except batteries, cords, 1201 replacement tubing, and minor service limited to the removal of battery corrosion. 1202 (5) 'Over-the-counter hearing aid' means a hearing aid as defined by the federal Food and 1203 Drug Administration that is intended for adults ages 18 or older with perceived mild to 1204 moderate hearing impairment and may be sold directly to consumers without a 1205 prescription, medical evaluation, or professional fitting. 1206 (6) 'Practice of dispensing prescription hearing aids' means the provision of a 1207 prescription hearing aid to a consumer by sale, rental, lease, or otherwise. 1208 (7) 'Prescription hearing aid' means a hearing aid that is not an over-the-counter hearing 1209 aid and that, under federal law and regulations of the federal Food and Drug 1210 Administration, is required to be dispensed only pursuant to a written or electronic 1211 prescription by a licensed practitioner and is intended for individuals whose hearing 1212 impairment exceeds the limits of an over-the-counter hearing aid or requires professional 1213 fitting, adjustment, or programming.
1214 43-44-43.
1215 By engaging in the practice of dispensing prescription hearing aids in this state, a 1216 nonresident individual or entity thereby appoints the board as such individual's or entity's 1217 lawful agent for service of process in any civil action arising from the practice of 1218 dispensing prescription hearing aids.
1219 43-44-44.
1220 (a) It is unlawful for any person or firm to engage in the practice of dispensing prescription 1221 hearing aids in this state without having a valid license under this article. 1222 (b) No person or firm, except those exempted in Code Section 43-44-10, shall engage in 1223 the practice of dispensing prescription hearing aids or display a sign or in any way 1224 advertise or represent such person or firm as practicing the dispensing of prescription 1225 hearing aids in this state unless such person or firm holds a valid license issued by the 1226 board under this article.
1227 43-44-45.
1228 (a) The board shall issue a license to engage in the practice of dispensing prescription 1229 hearing aids to an applicant when such applicant has completed and submitted an 1230 application upon a form and in such manner as prescribed by the board, accompanied by 1231 applicable fees, and evidence satisfactory to the board that: 1232 (1) The applicant is at least 18 years of age;
1233 (2) The applicant provides proof of successful completion of the International Licensing 1234 Examination administered by the International Hearing Society or any successor 1235 organization or fulfills the requirements enumerated in subsection (c) of this Code 1236 section;
1237 (3) The applicant provides proof of successful completion of a jurisprudence 1238 examination approved by the board that tests such applicant's knowledge relative to this 1239 article, applicable Georgia laws and rules, and relevant federal requirements governing 1240 prescription hearing aids under 21 C.F.R. Section 801.109; 1241 (4) The applicant demonstrates competency in audiometric testing and prescription 1242 hearing aid fitting by submitting documentation, including, but not limited to: 1243 (A) A completed audiogram performed by the applicant; 1244 (B) Documentation of earmold impressions or equivalent fitting procedures performed 1245 by the applicant; and
1246 (C) Evaluation records showing the applicant's ability to interpret audiometric data, 1247 determine suitability for prescription hearing aids, and select, program, and fit such 1248 hearing aids;
1249 (5) The applicant is in good standing based on a review of such applicant's licensure 1250 history in any other jurisdiction, including a review of any prior disciplinary action, 1251 alleged misconduct, or negligence in the practice of dispensing prescription hearing aids 1252 or other regulated health related practices, and confirmation that the applicant has not 1253 been previously denied a license under this article prior to July 1, 2026, unless the board 1254 determines that the grounds for such denial no longer apply; and 1255 (6) The applicant provides at least one secure and verifiable document, as such term is 1256 defined in Code Section 50-36-2, establishing such applicant's identity, and submits an 1257 affidavit verifying lawful presence in the United States pursuant to Code Section 50-36-1, 1258 together with any required immigration documentation for noncitizen applicants. 1259 (b) The board shall issue an apprentice dispenser permit to an applicant who is seeking 1260 licensure as a prescription hearing aid dispenser through the apprenticeship pathway when 1261 such applicant has completed and submitted an application upon a form and in such manner 1262 as prescribed by the board, accompanied by applicable fees, and evidence that: 1263 (1) The applicant is at least 18 years of age;
1264 (2) The applicant has submitted a 'Statement of Supervision,' executed by the licensed 1265 prescription hearing aid dispenser or audiologist that will provide indirect supervision for 1266 the duration of the apprenticeship, affirming such dispenser's or audiologist's agreement 1267 to supervise the applicant's practice under the apprentice dispenser permit; 1268 (3) The applicant is in good standing based on a review of such applicant's licensure 1269 history in any other jurisdiction, including a review of any prior disciplinary action, 1270 alleged misconduct, or negligence in the dispensing of prescription hearing aids or other 1271 regulated health related practices, and the applicant has not been previously denied a 1272 permit under this article prior to July 1, 2026, unless the board determines that the 1273 grounds for such denial no longer apply; and
1274 (4) The applicant provides at least one secure and verifiable document, as defined in 1275 Code Section 50-36-2, establishing such applicant's identity and submits an affidavit 1276 verifying lawful presence in the United States pursuant to Code Section 50-36-1, together 1277 with any required immigration documentation for noncitizen applicants. 1278 (c) An applicant that holds a valid apprenticeship permit issued under this article shall be 1279 eligible for full licensure upon meeting the following additional requirements, accompanied 1280 by applicable fees, and evidence satisfactory to the board that: 1281 (1) The applicant has completed the apprenticeship, and such completion shall be 1282 verified through an affidavit, executed by such applicant's supervising licensed dispenser 1283 or audiologist, attesting under oath that the applicant has completed all apprenticeship 1284 requirements;
1285 (2) The applicant has successfully completed a jurisprudence examination approved by 1286 the board that tests such applicant's knowledge relative to this article, applicable Georgia 1287 laws and rules, and relevant federal requirements governing prescription hearing aids 1288 under 21 C.F.R. Section 801.109; and
1289 (3) The applicant demonstrates competency in audiometric testing and prescription 1290 hearing aid fitting by submitting documentation, including, but not limited to: 1291 (A) A completed audiogram performed by the applicant; 1292 (B) Documentation of earmold impressions or equivalent fitting procedures performed 1293 by the applicant; and
1294 (C) Evaluation records showing the applicant's ability to interpret audiometric data, 1295 determine suitability for prescription hearing aids, and select, program, and fit such 1296 hearing aids.
1297 (d) An application for a permit or license under this Code section shall constitute express 1298 consent and authorization for the board to perform a criminal background check conducted 1299 by the Georgia Crime Information Center and the Federal Bureau of Investigation. Each 1300 applicant who submits an application to the board for a permit or licensure agrees to 1301 provide any and all information necessary to run a criminal background check, including, 1302 but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for 1303 all fees associated with the performance of such background check. 1304 43-44-46.
1305 (a) Notwithstanding any other provision of this article to the contrary, an applicant 1306 licensed to dispense prescription hearing aids in another state or jurisdiction shall be 1307 eligible for issuance of a prescription hearing aid dispenser license in this state without 1308 examination, provided that:
1309 (1) The applicant is at least 18 years of age;
1310 (2) The applicant submits a proper application upon a form and in such manner as 1311 prescribed by the board and pays all required fees; 1312 (3) The applicant submits verification that the applicant holds a current, unsuspended, 1313 and unrevoked license to dispense prescription hearing aids issued by another state or 1314 jurisdiction;
1315 (4) The applicant provides satisfactory evidence that such other state or jurisdiction 1316 maintains licensure qualifications and a program for determining the competency of 1317 applicants that are equivalent to or more stringent than those required under this article; 1318 (5) The applicant provides satisfactory evidence that such other state or jurisdiction 1319 affords reciprocity to Georgia licensees; and
1320 (6) The applicant provides at least one secure and verifiable document, as defined in 1321 Code Section 50-36-2, establishing such applicant's identity and submits an affidavit 1322 verifying lawful presence in the United States pursuant to Code Section 50-36-1, together 1323 with any required immigration documentation for noncitizen applicants. 1324 (b) An application for a permit or license under this Code section shall constitute express 1325 consent and authorization for the board to perform a criminal background check conducted 1326 by the Georgia Crime Information Center and the Federal Bureau of Investigation. Each 1327 applicant who submits an application to the board for a permit or licensure agrees to 1328 provide any and all information necessary to run a criminal background check, including, 1329 but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for 1330 all fees associated with the performance of such background check. 1331 43-44-47.
1332 (a) The board may refuse to issue a license or permit if it is determined that the applicant 1333 has engaged in conduct that has a significant adverse effect on such applicant's fitness to 1334 act as a prescription hearing aid dispenser. In making the determination, the board may 1335 consider whether the applicant has:
1336 (1) Been convicted of, or entered a plea of nolo contendere to, a crime that, if committed 1337 in this state, would constitute a felony or a crime involving moral turpitude, including any 1338 offense reasonably related to the individual's fitness to dispense prescription hearing aids 1339 or to protect the health, safety, and welfare of consumers. Record of conviction or plea 1340 or a copy thereof certified by the clerk of the court shall be conclusive evidence of such 1341 conviction or plea;
1342 (2) Made a materially false, misleading, deceptive, or fraudulent representation in the 1343 application;
1344 (3) Engaged in conduct prohibited by this article; or 1345 (4) Had a registration, license, or permit as a hearing aid dispenser suspended, revoked, 1346 or denied or been refused renewal of registration or licensure as a hearing aid dispenser 1347 in any state.
1348 (b) The refusal to issue a license or permit as provided in subsection (a) of this Code 1349 section shall not be a contested case within the meaning of Chapter 13 of Title 50, the 1350 'Georgia Administrative Procedure Act,' and notice and hearing within the meaning of such 1351 chapter shall not be required in connection with such refusal. Notice of refusal to issue a 1352 license or permit shall be sent by registered mail or statutory overnight delivery or personal 1353 service setting forth the reasons for the refusal. Such notice shall be sent to the applicant's 1354 address of record with the board, and the applicant shall be allowed to appear before the 1355 board, if such applicant requests in writing to do so. 1356 (c) In addition to any other penalties as provided for in this article, the board is authorized 1357 to reprimand any licensee or permit holder and to suspend, revoke, or otherwise sanction 1358 such person's license or permit for a fixed period, or may refuse to renew, upon affording 1359 an opportunity for a hearing, for any of the following causes: 1360 (1) Conviction of, or entered a plea of nolo contendere to, a crime that, if committed in 1361 this state, would constitute a felony or a crime involving moral turpitude, including any 1362 offense reasonably related to the individual's fitness to dispense prescription hearing aids 1363 or to protect the health, safety, and welfare of consumers. Record of conviction or plea 1364 or a copy thereof certified by the clerk of the court shall be conclusive evidence of such 1365 conviction or plea;
1366 (2) Committing fraud, deceit, or misrepresentation in obtaining, renewing, altering, 1367 selling, lending, using, or attempting to use any license or permit issued under this article, 1368 including permitting another person to use such license or permit; 1369 (3) Engaging in fraud, misrepresentation, deception, or other misleading conduct in the 1370 dispensing, fitting, advertising, or sale of prescription hearing aids, including, but not 1371 limited to:
1372 (A) False, misleading, or deceptive advertisements or representations; 1373 (B) Implying medical treatment, diagnosis, or audiological involvement when such 1374 services are not provided or using the words 'hearing center,' 'doctor,' 'ear specialist,' 1375 'clinic,' 'clinical audiologists,' 'state licensed clinic,' 'state registered,' 'state certified,' 1376 'state approved,' or any other term, abbreviation, or symbol when it would falsely give 1377 the impression that an individual is being treated medically or that the licensee's or 1378 permit holder's service has been recommended by the state; 1379 (C) Representing or implying that a prescription hearing aid is or will be 'custom 1380 made,' 'made to order,' 'prescription made,' or in any other sense specially fabricated for 1381 an individual person when it is not;
1382 (D) Representing that a recommendation for a specific brand, model, product, or 1383 service is unbiased or impartial when it is not;
1384 (E) Advertising a manufacturer's product or using a manufacturer's name or trademark 1385 which implies a relationship with the manufacturer that does not exist; 1386 (F) Giving or receiving, directly or indirectly, kickbacks or improper inducements to 1387 influence consumer purchases; and
1388 (G) Selecting or fitting a prescription hearing aid for a person who has not received the 1389 tests necessary to determine prescription hearing aid candidacy or using procedures and 1390 instrumentation required under this article or as prescribed by the board; and 1391 (4) Violating any provision of this article or any rule or regulation promulgated by the 1392 board under this article.
1393 (d) The board may discipline, suspend, revoke, or refuse to renew a license after proper 1394 notice and an opportunity for a hearing.
1395 (e) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' 1396 shall be applicable to the board and the provisions of this article. 1397 (f) The board may assess a civil penalty against a prescription hearing aid dispenser not 1398 to exceed $10,000.00 for each violation of this article. 1399 43-44-48.
1400 (a) A license issued under this article shall be valid for a period of two years. A licensee 1401 may renew such license by submitting a renewal application in a form prescribed by the 1402 board, paying all required fees, and providing verification that the licensee has successfully 1403 completed 20 hours of continuing education approved by the board. A renewal application 1404 filed pursuant to this subsection shall be a public record. 1405 (b) Each licensee shall be responsible for timely renewal of such license and shall notify 1406 the board, in a manner prescribed by the board, of any change in the licensee's mailing 1407 address or contact information.
1408 (c) Failure to renew a license shall result in forfeiture of the license. Any license that has 1409 been forfeited may be restored within one year of the expiration date upon payment of 1410 renewal and restoration fees. Failure to restore a forfeited license within one year of the 1411 date of its expiration shall result in the automatic termination of the license, and the board 1412 may require the individual to reapply for licensure as a new applicant. 1413 43-44-49.
1414 (a) Any person who dispenses a prescription hearing aid shall provide to each individual 1415 supplied with such hearing aid a written receipt or bill of sale in a form prescribed by the 1416 board. Such receipt or bill of sale shall contain, at a minimum: 1417 (1) The name and license number of the prescription hearing aid dispenser; 1418 (2) The signature of the dispenser;
1419 (3) The make, model, and serial number of the prescription hearing aid furnished; 1420 (4) A description of the condition of the hearing aid, including whether it is new, 1421 reconditioned, or used;
1422 (5) A statement indicating whether a guarantee or warranty is provided and, if so, the 1423 terms thereof;
1424 (6) The total sale price, including any discounts, trade-in allowances, and applicable 1425 sales taxes;
1426 (7) A statement printed or stamped on the receipt or bill of sale, in all capital letters, in 1427 black or blue ink, in a type size of not less than 12 point font, containing one of the 1428 following statements:
1429 (A) 'THE SALE OF THIS HEARING AID IS FINAL. I UNDERSTAND THAT I 1430 AM NOT ENTITLED TO A REFUND OR CREDIT.'; or
1431 (B) 'I HAVE READ, UNDERSTAND, AND HAVE SIGNED OR INITIALED A 1432 COPY OF THE REFUND AND RETURN POLICY. THE POLICY STATES 1433 WHETHER, AND UNTIL WHAT DATE, I MAY RETURN THE HEARING AID 1434 FOR A FULL REFUND, A PARTIAL REFUND, OR A FULL OR PARTIAL 1435 CREDIT, AND IDENTIFIES ANY FEES FOR SERVICES THAT WILL OR WILL 1436 NOT BE REFUNDED OR CREDITED.';
1437 (8) If a refund or return policy applies, a copy of such policy shall be provided to the 1438 purchaser and signed or initialed by the purchaser; 1439 (9) The name and street address of the prescription hearing aid user; 1440 (10) The name and street address of the purchaser or a notation that the purchaser and 1441 user are the same individual;
1442 (11) The date of delivery of the prescription hearing aid to the user or purchaser; and 1443 (12) The signature of the purchaser acknowledging receipt of the prescription hearing 1444 aid and a copy of the receipt or bill of sale.
1445 (b) If a prescription hearing aid that is not new is dispensed, the receipt or bill of sale shall 1446 be clearly and conspicuously marked 'used' or 'reconditioned,' as applicable, and shall state 1447 the terms of any guarantee or warranty provided, if any. 1448 (c) A copy of the receipt or bill of sale and any applicable refund or return policy 1449 acknowledgment shall be maintained by the licensee or permit holder for a period of not 1450 less than six years following delivery of the prescription hearing aid. 1451 (d) The board may require such additional information on the receipt or bill of sale as he 1452 or she determines to be necessary in the public interest. 1453 43-44-50.
1454 (a) This article shall not apply to a person who is a physician licensed to practice medicine 1455 in this state or to a person who is licensed as an audiologist under this chapter. 1456 (b) This article shall not apply to a person while he or she is working as an employee of 1457 a federal, state, county, or municipal agency or a duly chartered educational institution or 1458 a training center, provided that such person does not engage in the sale, rental, or lease of 1459 prescription hearing aids.
1460 (c) Nothing in this article shall be construed to prevent a person licensed under any other 1461 law of this state from operating within the scope of that license, provided that such person 1462 does not engage in the sale, rental, or lease of prescription hearing aids. 1463 (d) Nothing in this article shall be construed to prohibit any person or entity from 1464 manufacturing, selling, offering for sale, or distributing over-the-counter hearing aids, 1465 provided that such activities are conducted in compliance with applicable federal law. The 1466 sale or distribution of over-the-counter hearing aids shall not require licensure under this 1467 article, and no person or entity engaged solely in such activities shall be subject to the 1468 licensure, supervision, or regulatory requirements of this article. 1469 43-44-51.
1470 Any person who dispenses or sells prescription hearing aids without a license or that 1471 otherwise is in violation of this article shall be guilty of a misdemeanor, and such 1472 misdemeanor shall be considered a crime involving moral turpitude." 1473 PART V
1474 SECTION 5-1.
1475 Code Section 43-10A-5 of the Official Code of Georgia Annotated, relating to powers and 1476 duties of the board, quorum, and meetings regarding professional counselors, social workers, 1477 and marriage and family therapists, is amended by revising subsection (c) as follows: 1478 "(c) Unless specifically delegated to a standards committee pursuant to Code Section 1479 43-10A-6, the The board shall have the following powers and duties: 1480 (1) To adopt, amend, and repeal such rules and regulations not inconsistent with this 1481 article necessary for the proper administration and enforcement of this article; 1482 (2) To issue, renew, and reinstate the licenses of duly qualified applicants for licensure 1483 to practice a specialty in this state;
1484 (3) To deny, suspend, revoke, or otherwise sanction licenses to practice a specialty in this 1485 state;
1486 (4) To initiate investigations for the purpose of discovering violations of this article; 1487 (5) To conduct hearings upon charges calling for the discipline of a licensee or on 1488 violations of this article;
1489 (6) To issue to specialists licensed under this article certificates under the seal of the 1490 board evidencing such licensure and signed, either by hand or facsimile signature, by the 1491 chairperson of the board and the division director;
1492 (7) To adopt a seal; and
1493 (8) To do all other things necessary to administer and enforce this article and all rules 1494 and regulations adopted by the board pursuant to this article." 1495 PART VI
1496 SECTION 6-1.
1497 All laws and parts of laws in conflict with this Act are repealed.