House Bill 571 (AS PASSED HOUSE AND SENATE) By: Representatives Hawkins of the 27th, Jasperse of the 11th, Dempsey of the 13th, Jackson of the 128th, Silcox of the 53rd, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, assistants, and others, so as to provide for the licensing of radiologist assistants; to provide for continuing education requirements; to repeal a provision relating to radiologist assistant defined; to provide a short title; to provide for definitions; to provide for licensure requirements; to provide for renewal requirements; to prohibit holding oneself out as a radiologist assistant without licensure; to provide for licensure for currently employed radiologist assistants; to provide for the duties and powers of the Georgia Composite Medical Board with respect to radiologist assistants; to provide that radiologists may use the services of licensed radiologist assistants; to prohibit certain practices by radiologist assistants; to provide for an advisory committee; to provide for statutory construction; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, assistants, and others, is amended by revising subsection (a) of Code Section 43-34-11, relating to continuing education requirement and required training for physicians, as follows: "(a)(1) The board shall be authorized to require persons seeking renewal of a license, certificate, or permit under this chapter to complete board approved continuing education of not less than 40 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations, including, but not limited to, the American Medical Association, the National Medical Association, and the American Osteopathic Association, the number of hours required, and the category in which these hours should be earned. This paragraph shall not apply to respiratory care professionals, persons seeking renewal of certification as respiratory care professionals, clinical perfusionists, persons seeking renewal of licensure as a clinical perfusionist, licensed orthotists or prosthetists, persons seeking renewal of licensure as an orthotist or prosthetist, genetic counselors, or persons seeking renewal of licensure as a genetic counselor, radiologist assistants, or persons seeking renewal of licensure as a radiologist assistant. (2) The board shall be authorized to require persons seeking renewal of certification as respiratory care professionals under Article 6 of this chapter to complete board approved continuing education. The board shall be authorized to establish the number of hours of continuing education required biennially for renewal of certification as a respiratory care professional and the categories in which these hours should be earned. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations. Any action taken by the board pursuant to this paragraph shall be taken in conformity with the provisions of Code Section 43-34-143. (3) The board shall be authorized to require persons seeking renewal of licensure as clinical perfusionists under Article 7 of this chapter to complete board approved continuing education. The board shall be authorized to establish the number of hours of continuing education required biennially for renewal of licensure as a clinical perfusionist and the categories in which these hours should be earned. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations. Any action taken by the board pursuant to this paragraph shall be taken in conformity with the provisions of Code Section 43-34-172. (4) The board shall be authorized to require persons seeking renewal of licensure to practice orthotics or prosthetics under Article 8 of this chapter to complete board approved continuing education. The board shall be authorized to establish the number of hours of continuing education required biennially for renewal of licensure to practice orthotics or prosthetics and the categories in which these hours should be earned, provided that the maximum number of hours of continuing education required for renewal of licensure shall not exceed 40 hours. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations. Any action taken by the board pursuant to this paragraph shall be taken in conformity with the provisions of subsection (a) of Code Section 43-34-200. (5) The board shall be authorized to require persons seeking renewal of licensure to practice genetic counseling under Article 12 of this chapter to complete board approved continuing education. The board shall be authorized to establish the number of hours of continuing education required biennially for renewal of licensure to practice genetic counseling and the categories in which these hours should be earned, provided that the number of hours of continuing education required for renewal of licensure shall not be less than 30 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations. Any action taken by the board pursuant to this paragraph shall be taken in conformity with the provisions of subsection (b) of Code Section 43-34-313. (6) The board shall be authorized to require persons seeking renewal of licensure to practice as a radiologist assistant under Article 13 of this chapter to complete board approved continuing education. The board shall be authorized to establish the number of hours of continuing education required biennially for renewal of licensure to practice as a radiologist assistant and the categories in which these hours should be earned. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations. Any action taken by the board pursuant to this paragraph shall be taken in conformity with the provisions of subsection (b) of Code Section 43-34-334. (6)(7) On and after January 1, 2022, all physicians shall be required to receive one-time education and training, for a minimum of two hours, regarding professional boundaries and physician sexual misconduct. Such education and training shall include subject matter relating to how to proceed with basic as well as sensitive or intimate examinations and the communication with patients that is required as a component of such examinations. Such education and training shall be established by the board and shall be informed by members of the public, as best possible." SECTION 2. Said chapter is further amended by repealing Code Section 43-34-12, relating to radiologist assistant defined. SECTION 3. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 13 43-34-330. This article shall be known and may be cited as the 'Radiologist Assistant Act.' 43-34-331. As used in this article, the term: (1) 'Board' means the Georgia Composite Medical Board. (2) 'Radiologist' means a physician who is licensed to practice medicine pursuant to Article 2 of this chapter and who is certified by the American Board of Radiology, the American Osteopathic Board of Radiology, or the Royal College of Physicians and Surgeons of Canada. (3) 'Radiologist assistant' means an advanced level certified diagnostic radiologic technologist who assists radiologists under the on site direct supervision of a radiologist as defined by the Georgia Composite Medical Board in performing advanced diagnostic imaging procedures as determined by board rule, according to levels of supervision as defined by the Centers for Medicare and Medicaid Services including, but not limited to, enteral and parenteral procedures when performed under the on site direct supervision of the radiologist and may include injecting diagnostic agents to sites other than intravenous, performing diagnostic aspirations and localizations, and assisting radiologists with other invasive procedures, according to levels of supervision as defined by the Centers for Medicare and Medicaid Services. Such radiologist assistant may with general supervision perform other noninvasive procedures unless said procedures are expressly restricted by the board to not be performed by radiologist assistants under general supervision. Such radiologist assistant may also perform other procedures under general supervision as may be authorized by the board. 43-34-332. A person shall be qualified for licensure as a radiologist assistant and the board shall issue a license if that person: (1) Has applied in writing in form and substance satisfactory to the board and is at least 21 years of age; (2) Has not engaged in conduct or activities which would constitute grounds for discipline under this article; (3) Is registered and credentialed as a radiographer with the American Registry of Radiologic Technologists; (4) Is certified and registered: (A) As a radiologist assistant with the American Registry of Radiologic Technologists; or (B) As a radiology practitioner assistant with the Certification Board for Radiology Practitioner Assistants and the American Registry of Radiologic Technologists; (5) Has paid the fees required by rule; and (6) Has met any other requirements established by rule. 43-34-333. (a) Licenses issued by the board pursuant to this article shall be subject to renewal and shall be valid for up to two years unless otherwise specified by this article and shall be renewable biennially on the renewal date established by the board. (b) The board shall be authorized to, in conformance with paragraph (6) of subsection (a) of Code Section 43-34-11: (1) Require persons seeking renewal of licensure under this article to complete board approved continuing education; (2) Establish the number of hours of continuing education to be completed as well as the categories in which the continuing education is to be completed; and (3) Maintain continued certification and registration as a radiologist assistant with the American Registry of Radiologic technologist or radiology practitioner assistant with the Certification Board for Radiology Practitioner Assistants and the American Registry of Radiologic Technologists. (c) A person who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by: (1) Making application to the board; (2) Filing proof acceptable to the board of his or her fitness to have his or her license restored, including, but not limited to, sworn evidence certifying to active practice in another jurisdiction satisfactory to the board; and (3) Paying the required restoration fee. If the person has not maintained an active practice in another jurisdiction satisfactory to the board, the board shall determine, by an evaluation program established by rule, such person's fitness to resume active status and may require such person to complete a period of evaluated clinical experience and successful completion of an examination. (d) A person who notifies the board on forms prescribed thereby may elect to place his or her license on an inactive status and shall, subject to rules of the board, be excused from payment of renewal fees until he or she notifies the board of his or her desire to resume active status. A person requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license as provided in subsection (c) of this Code section. A radiologist assistant whose license is on inactive status shall not engage in the scope of practice for radiologist assistants in this state. (e) A person whose license expired while he or she was: (1) In federal service on active duty within the armed forces of the United States or with the state militia and called into service or training; or (2) In training or education under the supervision of the United States preliminary to induction into military service may have his or her license renewed or restored without paying a lapsed renewal fee if, within two years after termination from the service, training, or education except under conditions other than honorable, he or she furnishes the board with satisfactory evidence that he or she has been so engaged and that his or her service, training, or education has been terminated. 43-34-334. (a) On and after July 1, 2026, a person shall not engage in the scope of practice for radiologist assistants in this state without a valid license issued by the board pursuant to this article. (b) A person shall not hold himself or herself out as a radiologist assistant unless he or she holds a license issued by the board in accordance with this article. A person not licensed by the board pursuant to this article shall not use in connection with his or her name or place of business the terms 'radiologist assistant' or any words, letters, abbreviations, or insignia indicating or implying that the person holds a license as a radiologist assistant. (c) A person who verifies to the board that he or she is employed in this state as a radiologist assistant as of the effective date of this article shall by operation of law be authorized to practice as a radiologist assistant in this state on or after July 1, 2026, contingent upon such individual having applied with the board for appropriate licensure. 43-34-335. (a) A radiologist may use the services of a radiologist assistant under the on site direct supervision of such radiologist, provided that such radiologist assistant is duly qualified and licensed pursuant to this article. (b) Notwithstanding subsection (a) of this Code section, a radiologist assistant may with general supervision perform other noninvasive procedures unless said procedures are expressly restricted by the board to not be performed by radiologist assistants under general supervision. Such radiologist assistant may also perform other procedures under general supervision as may be authorized by the board. (c) A radiologist assistant shall not interpret images, make diagnoses, or prescribe medications or therapies. (d) Any rules and regulations adopted by the board pertaining to the scope of practice as a radiologist assistant in this state shall be consistent with guidelines adopted by the American College of Radiology, the American Society of Radiologic Technologists, the American Registry of Radiologic Technologists, or any other entity deemed appropriate by the board. 43-34-336. The board shall have the power and responsibility to: (1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure; (2) Adopt and revise rules consistent with the laws of the State of Georgia that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the licenses of applicants and radiologist assistants under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and certification fees; (6) Establish continuing education requirements; and (7) Establish the number of radiologist assistants that may be supervised by a radiologist according to levels of supervision as defined by the Centers for Medicare and Medicaid Services. 43-34-337. The board shall appoint an advisory committee. The advisory committee shall consist of no fewer than five individuals and shall include at least one licensed physician who practices radiology, three licensed radiologist assistants, and one consumer representative. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine, including, but not limited to, consulting with the board on the issuance, denial, suspension, and revocation of licenses and the promulgation of rules and regulations under this article. The initial members of the advisory committee may include persons eligible for licensing under this article. Subsequent advisory committee members must be licensed pursuant to this article. 43-34-338. Nothing in this article shall be construed to prohibit: (1) The performance of any tasks or responsibilities by any student engaged in clinical training in a general hospital, provided such practice is limited to clinical training that shall be carried out under the direct supervision of a radiologist; (2) The performance of any tasks or responsibilities by any person licensed under this title, provided such tasks or responsibilities are permitted by the article governing the profession pursuant to which such person is licensed; or (3) The performance of any tasks or responsibilities by any legally qualified radiologist assistants of any other state or territory who is serving in the armed forces or the Public Health Service of the United States or who is employed by the United States Department of Veterans Affairs, while engaged in the performance of his or her duties." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed.