43-22A-12. Licensing authority of Secretary; investigations; fines.

The Secretary may revoke, suspend, deny, or refuse to issue or renew a license; place a licensee on probation; or issue a letter of admonition upon proof that the licensee or applicant:#

1. (1)

   Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact;#

2. (2)

   Has been convicted of a felony or of any crime involving moral turpitude as provided under state law;#

3. (3)

   Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under such licensee’s care;#

4. (4)

   Has had a license to practice a business or profession suspended or revoked or has otherwise been subject to discipline related to such licensee’s practice of a business or profession in any other jurisdiction;#

5. (5)

   Has committed a fraudulent act that materially affects the fitness of the licensee or applicant to practice a business or profession;#

6. (6)

   Excessively or habitually uses alcohol or drugs, provided that the Secretary shall not discipline a licensee under this paragraph if such licensee is enrolled in a substance abuse program approved by the office; or#

7. (7)

   Has a physical or mental disability that renders such licensee incapable of safely administering lactation care and services.#

The Secretary is authorized to conduct investigations into allegations of conduct described in subsection (a) of this Code section.#

In addition to revoking, suspending, denying, or refusing to renew a license, the Secretary may fine a licensee found to have violated any provision of this chapter or any rule adopted by the Secretary under this chapter not less than $100.00 nor more than $500.00 for each violation.#

The provisions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” shall be applicable to the Secretary and the provisions of this chapter.#