HB 579: Professions and businesses; licensure to engage in trade; provisions

House Bill 579 (AS PASSED HOUSE AND SENATE)

By: Representatives Reeves of the 99th, Hatchett of the 155th, Wiedower of the 121st, Prince of the 132nd, Fleming of the 114th, and others

A BILL TO BE ENTITLED

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise provisions relating to licensure to engage in the practice of a profession, business, or trade in this state; to revise provisions relating to meetings of professional licensing boards; to revise provisions relating to the roster of licensees; to revise provisions relating to the duties of the division director; to provide for the review and granting of applications for the issuance, renewal, or reinstatement of licenses by the director of the professional licensing boards division; to revise provisions relating to the renewal of professional licenses; to revise provisions relating to the removal of members of a professional licensing board; to require that the rules and regulations promulgated by professional licensing boards be designed to protect the health, safety, and welfare of the public; to repeal provisions creating separate standards committees of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists; to provide for an effective date; 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.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-1-2, relating to appointment and powers of division director, members and meetings of professional licenses board, examination standards, roster of licensees, and funding, as follows:

"43-1-2.

(a)(1) There is created within the office of the Secretary of State the professional licensing boards division as successor to the office of the joint-secretary of the state examining boards. The Secretary of State is authorized and directed to appoint a director of the professional licensing boards division.

(2) Any action of the joint-secretary taken with regard to any state examining board prior to July 1, 2000, shall thereafter be deemed to be action taken by the director of the professional licensing boards division and that division director shall thereafter act in the stead of such joint-secretary and succeed to the powers and duties of the joint-secretary with regard to those state examining boards. The rights, privileges, entitlements, or duties of parties to contracts, leases, agreements, or other transactions entered into by the joint-secretary prior to July 1, 2000, shall continue to exist and shall not be impaired or diminished by reason of the succession of the division director to the powers and duties of the joint-secretary.

(b) The salary of the division director shall be fixed by the Secretary of State, and he or she shall hold office at the pleasure of the Secretary of State.

(c) The Secretary of State, notwithstanding any other provisions of law to the contrary, shall employ personnel as deemed necessary to carry out this chapter and to provide for all services required by each of the professional licensing boards and shall establish within the guidelines provided by the laws and rules and regulations of the State Personnel Board the qualifications of such personnel.

(d) The division director, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required by each of the professional licensing boards.

(e) The Secretary of State, notwithstanding any other provisions of law to the contrary, shall have the power to employ and shall set the qualifications and salary for a deputy division director and shall appoint executive directors as required who shall act in the absence of the division director and who shall perform such other functions of the division director under this chapter as the division director may designate. The deputy division director and executive directors as appointed shall be in the unclassified service and shall be excluded from the classified service as defined in Article 1 of Chapter 20 of Title 45.

(f) Notwithstanding any other provisions of law to the contrary, each member of the various professional licensing boards may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the various professional licensing boards are subject to approval of the president or chairperson of the respective board and the division director.

(g) All meetings and hearings of the respective professional licensing boards shall be held in the capitol, at the site of the office of the respective board, or at such other site as may be requested by the chairperson or president of a professional licensing board and approved by the division director.

(h) A majority of the appointed members of a professional licensing board shall constitute a quorum for the transaction of business by that board.

(h.1) Members of a professional licensing board shall serve until the expiration of the term for which they were appointed and until their successors have been appointed and qualified unless otherwise specified under the provisions of this title.

(i) A schedule of all meetings and hearings of the various professional licensing boards shall be maintained at the office of the division director and be available for public review. (j)(1) The division director may establish administrative standards for the examination of applicants for licensure by the various professional licensing boards, notwithstanding any other provisions of law to the contrary. These administrative standards may include the setting of date, time, and location of examinations, subject to the approval of the respective professional licensing boards. Notwithstanding any other provisions of law to the contrary, examination criteria, examination grading procedures, examination fees, examination passing score requirements, and other matters pertaining to the examination of applicants for licensure may be adopted by rules of the respective professional licensing boards as necessary to implement such examination standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examination may be adopted in lieu of state standards by the respective professional licensing boards.

(2)(A) Notwithstanding any other provision of this title to the contrary, whenever an applicant for the issuance of a license is required to obtain prior approval from a professional licensing board before such applicant is permitted to take an examination required in connection with such license, the division director shall be authorized to grant such approval on behalf of the applicable professional licensing board, provided that the division director is able to determine that the applicant has satisfied all other requirements that may be provided in this title or in the rules and regulations of the professional licensing board for such applicant to take such examination.

(B) Nothing in this paragraph shall prevent a professional licensing board from granting or denying its approval for any applicant seeking the issuance of a license to take an examination required in connection with such license, and such grant or denial of approval from a professional licensing board with respect to a particular applicant shall not be contradicted by the division director acting under the authorization provided in this paragraph.

(C) As used in this paragraph, the term 'license' shall have the same meaning as set forth in Code Section 43-1-3.1.

(k) The division director shall prepare and maintain a roster containing the names and addresses of all current licensees for each of the various professional licensing boards as well as all persons, other than any person who fails to renew his or her license for a period of 45 days or less, who have been issued a public cease and desist order by a professional licensing board pursuant to Code Section 43-1-20.1 for engaging in the practice of a business or profession without a license. A copy of this such roster for each professional licensing board, except for home addresses of licensees, shall be made available on the public website of the secretary of state and shall include, in one location, the names of licensees and persons issued cease and desist orders. A copy of the roster, except for home addresses of licensees, shall also be made available to any person upon request at a fee prescribed by the division director sufficient to cover the cost of printing and distribution. The following shall be treated as confidential and need not be disclosed without the approval of the professional licensing board to which application is made:

(1) Applications and other personal information, including home addresses, submitted by applicants, except to the applicant, staff, and the board;

(2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board;

(3) Examination questions and other examination materials, except to the staff and the board; and

(4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes.

(l) Funding for the office of the division director and the various professional licensing boards served by such office shall be contained in a common budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.'"

SECTION 1-2.

Said title is further amended in Code Section 43-1-3, relating to duties of the division director and serving notice or process on boards through the division director, by revising subsection

(a) as follows:

"(a) It shall be the duty of the division director:

(1) To bring together and keep all records relating to the professional licensing boards;

(2) To receive all applications for licenses;

(3) To review and grant applications for the issuance, renewal, or reinstatement of licenses in accordance with the provisions of Code Section 43-1-3.1; (4) With the consent of the board concerned, to schedule the time and place for examinations;

(4)(5) To schedule the time and place for all hearings; (5)(6) To issue certificates upon authority of the professional licensing board concerned; and

(6)(7) Except as otherwise provided by law, to collect all fees required by law in connection with the licensing of trades and professions under such boards and to remit the same to the state treasurer for deposit into the general fund of the state. Notwithstanding any other provision of law, the division director is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter; provided, however, that nothing in this Code section shall be construed so as to allow the division director to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the division director shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such funds."

SECTION 1-3.

Said title is further amended by adding a new Code section to read as follows:

"43-1-3.1.

(a) As used in this Code section, the term 'license' means any license, certificate, permit, registration, or other document that is issued by a professional licensing board and that is required under this title for a person to engage in the practice of a profession, business, or trade in this state. Such term shall include, without limitation, any expedited license, temporary license, special license, or license by endorsement that is issued by a professional licensing board under this title.

(b)(1) Notwithstanding any provision of this title to the contrary, the division director shall be authorized to review each application for the issuance, renewal, or reinstatement of a license and, upon determining that an application furnishes evidence that the applicant has achieved or satisfied all of the qualifications, attainments, and other conditions required for the issuance, renewal, or reinstatement of a particular license under the provisions of this title or under the rules and regulations promulgated pursuant to this title, shall be authorized, on behalf of the applicable professional licensing board, to issue the license to or renew or reinstate the license of the applicant.

(2) Whenever the division director reviews any application for the issuance, renewal, or reinstatement of a license pursuant to paragraph (1) of this subsection and cannot determine, based on such application, that the applicant has achieved or satisfied all of the qualifications, attainments, and other conditions required for the issuance, renewal, or reinstatement of the license under the provisions of this title or under the rules and regulations promulgated pursuant to this title, the division director shall not take any action on the application and shall forward the application to the applicable professional licensing board who shall then review, consider, and either grant or deny the application in a timely manner.

(c) Nothing in this Code section shall prevent a professional licensing board from reviewing applications for the issuance, renewal, or reinstatement of a license that is issued by such professional licensing board and granting or denying such applications. Any such application which a professional licensing board has granted or denied shall not be reviewed or considered by the division director and, if the division director is in the process of reviewing or considering such application at the time the professional licensing board grants or denies such application, the division director shall cease his or her review of such application and shall not take any further action on the application.

(d) When it is necessary for the division director, in connection with his or her review of an application for the issuance, renewal, or reinstatement of a license under subsection (b) of this Code section, to determine whether the applicant has satisfied any postsecondary education requirements required for the issuance, renewal, or reinstatement of such license, the division director shall not be required to obtain official transcripts evidencing the satisfaction of such education requirements from the relevant postsecondary education institution, provided that the division director is able to obtain confirmation, through other reliable means, from the postsecondary education institution that such education requirements have been satisfied. Each postsecondary education institution in this state is encouraged to work with the division director to develop such alternative method of confirming the satisfaction of education requirements as provided in this title."

SECTION 1-4.

Said title is further amended by revising Code Section 43-1-4, relating to expiration, renewal, and penalty dates of licenses and certificates; duration of validity, and renewals, as follows:

"43-1-4.

(a) The division director shall determine the expiration, renewal, and penalty dates for each license and certificate issued by the professional licensing boards through the office of the division director which is subject to renewal. Before becoming effective, these expiration, renewal, and penalty dates must be approved by the respective professional licensing boards.

(b) Each Notwithstanding any provision of this title to the contrary, each license and certificate issued by the professional licensing boards through the office of the division director which are subject to renewal shall be valid for up to two years and shall be renewable biennially on the renewal date established by the division director, as approved by the respective professional licensing boards. Any such license or certificate shall be renewable for up to 45 days after the expiration of such license or certificate, provided that the licensee or the certificate holder has satisfied all requirements and paid all fees relating to the renewal of such license or certificate as provided in this title or in the rules and regulations promulgated pursuant to this title.

(c) The division director is authorized to adopt the necessary rules and regulations to implement the biennial renewal of licenses and certificates in such manner as to ensure that the number of renewals is reasonably evenly distributed throughout each two-year period."

SECTION 1-5.

Said title is further amended by revising Code Section 43-1-17, relating to removal from office member of a professional licensing board, as follows:

"43-1-17.

The Governor, after notice and opportunity for hearing, may remove from office any member of a professional licensing board for any of the following:

(1) Inability or neglect to perform the duties required of members;

(2) Incompetence; or

(3) Dishonest conduct."

SECTION 1-6.

Said title is further amended by revising Code Section 43-1-26, which is reserved, as follows:

"43-1-26.

Notwithstanding any provision of this title to the contrary, the power of each professional licensing board to promulgate rules and regulations as provided in this title shall be limited to the promulgation of rules and regulations that are designed to protect the health, safety, and welfare of the public regarding the particular profession, business, or trade that is regulated by such professional licensing board Reserved."

PART II

SECTION 2-1.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by repealing in its entirety Code Section 43-10A-6, relating to separate standards committees for professional counseling specialty, social work specialty, and marriage and family therapy specialty, and designating said Code section as reserved.

PART III

SECTION 3-1.

This Act shall become effective on July 1, 2026.

SECTION 3-2.

All laws and parts of laws in conflict with this Act are repealed.