HB 219: Professions and businesses; establish a professional health program to provide for monitoring and rehabilitation of impaired healthcare professionals; authorize

Georgia law did not previously give the counseling and nursing licensing boards explicit authority to run monitoring and rehabilitation programs for professionals impaired by drugs, alcohol, or mental or physical conditions. This bill adds that authority for both the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists and the Georgia Board of Nursing. Each board may contract with an outside entity, such as a professional association, to run a professional health program that monitors and helps rehabilitate impaired license holders so they can safely continue practicing. Records from these programs are made confidential and shielded from Georgia's open records law and from court subpoenas or discovery. Participants must pay their own program costs, and contracted entities get immunity from civil or criminal liability for work done under the contract. Both new programs depend on money the General Assembly chooses to appropriate, plus any private funding, grants, or in-kind gifts the boards can arrange.

• Authorizes the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists to create a program monitoring and rehabilitating impaired license holders.
• Authorizes the Georgia Board of Nursing to create a similar monitoring and rehabilitation program for impaired nurses.
• Lets both boards contract with outside organizations to run these programs and share pertinent professional information with those organizations.
• Makes program records confidential, exempt from Georgia's open records law (O.C.G.A. Title 50, Chapter 18, Article 4), and unavailable for court subpoenas or discovery.
• Requires impaired professionals who join a program to pay their own costs and grants contracted entities immunity from civil or criminal liability for contract work.
• Makes both programs dependent on funding the legislature appropriates, plus private donations, grants, or in-kind gifts.

Licensed counselors, social workers, marriage and family therapists, and nurses in Georgia whose ability to practice safely may be affected by substance use or mental or physical health conditions, the two licensing boards, and any outside organizations that contract to run these monitoring programs.

Impaired healthcare professionals would have a formal, confidential path to get help and possibly keep their licenses instead of facing disciplinary action alone, while the public benefits from monitoring meant to ensure these professionals are safe to treat patients. Program costs fall on participants and depend on funding the legislature provides.

• Section 1 adds Code Section 43-10A-24, letting the counseling and social work board define 'impaired' and create a professional health program through a contracted entity.
• Section 1 lets that board share confidential professional information with the contracted entity and shields program records from open records requests, subpoenas, and discovery.
• Section 2 adds a new Article 5 (Code Sections 43-26-70 through 43-26-74) giving the Board of Nursing the same authority for nurses, including the same confidentiality and liability protections.
• Both new provisions require impaired professionals to pay their own participation costs and grant contracted entities immunity from civil or criminal liability for contract work.
• Both programs are made 'subject to appropriation by the General Assembly,' meaning they depend on state funding decisions, though boards may also seek private funds, grants, or in-kind gifts.
• Section 3 repeals any conflicting laws.

1. 2026-05-05Effective Date 2026-07-01
2. 2026-05-05Act 381
3. 2026-05-05House Date Signed by Governor (Cámara de Representantes)
4. 2026-04-06House Sent to Governor (Cámara de Representantes)
5. 2026-03-12Senate Passed/Adopted (Senado)
6. 2026-03-12Senate Third Read (Senado)
7. 2026-02-02Senate Committee Favorably Reported (Senado)
8. 2026-01-12Senate Recommitted (Senado)

• Ron Stephens (R, HD-164)Patrocinador principal
• Viola Davis (D, HD-087)
• David Clark (R, HD-100)
• Chuck Hufstetler (R, SD-052)

1. AprobadaVotación: Cámara de Representantes4 de marzo de 2025

   168 a favor, 0 en contra (4 sin votar, 8 ausentes)

   Passage: House Vote #174

2. AprobadaVotación: Senado12 de marzo de 2026

   46 a favor, 1 en contra (4 sin votar, 4 ausentes)

   Passage: Senate Vote #711

• healthcare licensing
• nursing regulation
• substance abuse treatment
• professional discipline
• mental health