24 LC 36 5869S
The Senate Committee on Regulated Industries and Utilities offered the following
substitute to HB 1264:
A BILL TO BE ENTITLED
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and1
businesses, so as to provide certain licensure requirements and programs for certain2
healthcare professionals; to authorize the Georgia Composite Board of Professional3
Counselors, Social Workers, and Marriage and Family Therapists to establish a professional4
health program to provide for monitoring and rehabilitation of impaired healthcare5
professionals; to authorize the Georgia Board of Nursing to establish a professional health6
program to provide for monitoring and rehabilitation of impaired healthcare professionals;7
to provide for funding or gifts in kind; to provide for licensure of certain qualifying foreign8
medical graduates; to provide for a nonrenewable limited provisional license under certain9
conditions; to provide for a renewable restricted license under certain conditions; to provide10
for the application for full licensure under certain conditions; to provide for rules and11
regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
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SECTION 1.14
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,15
is amended in Chapter 10A, relating to professional counselors, social workers, and marriage16
and family therapists, by adding a new Code section to read as follows:17
"43-10A-24.18
(a) As used in this Code section, the term:19
(1) 'Entity' means an organization or medical professional association which conducts20
professional health programs.21
(2) 'Healthcare professional' means any individual licensed, certified, or permitted by the22
board under this chapter.23
(3) 'Impaired' means the inability of a healthcare professional to practice with reasonable24
skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics,25
chemicals, or any other type of material, or as a result of any mental or physical26
condition.27
(4) 'Professional health program' means a program established for the purposes of28
monitoring and rehabilitation of impaired healthcare professionals.29
(b) The board shall be authorized to conduct a professional health program to provide30
monitoring and rehabilitation of impaired healthcare professionals in this state. To this31
end, the board shall be authorized to enter into a contract with an entity for the purpose of32
establishing and conducting such professional health program, including, but not limited33
to:34
(1) Monitoring and rehabilitation of impaired healthcare professionals for the purpose35
of ensuring the fitness of each such healthcare professional to resume or continue the36
practice of his or her healthcare profession while maintaining the safety of the public;37
(2) Performing duties related to paragraph (10) of subsection (a) of Code38
Section 43-10A-17; and39
(3) Performing such other related activities as determined by the board.40
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(c) Notwithstanding subsection (k) of Code Section 43-1-2 and Code Section 43-10A-17,41
the board shall be authorized to provide pertinent information regarding healthcare42
professionals, as determined by the board and in its sole discretion, to an entity for its43
purposes in conducting a professional health program pursuant to this Code section.44
(d) All information, interviews, reports, statements, memoranda, or other documents45
furnished to an entity by the board or other source or produced by an entity and any46
findings, conclusions, recommendations, or reports resulting from the monitoring or47
rehabilitation of healthcare professionals pursuant to this Code section are declared to be48
privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50,49
relating to open records. All such records of an entity shall be confidential and shall be50
used by such entity and its employees and agents only in the exercise of the proper function51
of the entity pursuant to its contract with the board. Such information, interviews, reports,52
statements, memoranda, or other documents furnished to or produced by an entity and any53
findings, conclusions, recommendations, or reports resulting from the monitoring or54
rehabilitation of healthcare professionals shall not be available for court subpoenas or for55
discovery proceedings.56
(e) An impaired healthcare professional who participates in a professional health program57
conducted pursuant to this Code section shall bear all costs associated with such58
participation.59
(f) Any entity that contracts with the board pursuant to this Code section shall be immune60
from any liability, civil or criminal, that might otherwise be incurred or imposed for the61
performance of any functions or duties under the contract, if performed in accordance with62
the terms of such contract and the provisions of this Code section.63
(g) This Code section shall be subject to appropriation by the General Assembly. The64
board may accept and solicit private funding, public grants, in-kind gifts, or any other65
funding or donations that may be available to facilitate the purpose of conducting a66
professional health program."67
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SECTION 2.68
Said title is further amended in Chapter 26, relating to nurses, by adding a new article to read69
as follows:70
"ARTICLE 571
43-26-70.72
As used in this article, the term:73
(1) 'Board' means the Georgia Board of Nursing.74
(2) 'Entity' means an organization or medical professional association which conducts75
professional health programs.76
(3) 'Healthcare professional' means any individual licensed, certified, or permitted by the77
board under this chapter.78
(4) 'Impaired' means the inability of a healthcare professional to practice with reasonable79
skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics,80
chemicals, or any other type of material, or as a result of any mental or physical81
condition.82
(5) 'Professional health program' means a program established for the purposes of83
monitoring and rehabilitation of impaired healthcare professionals.84
43-26-71.85
(a) The board shall be authorized to conduct a professional health program to provide86
monitoring and rehabilitation of impaired healthcare professionals in this state. To this87
end, the board shall be authorized to enter into a contract with an entity for the purpose of88
establishing and conducting such professional health program, including, but not limited89
to:90
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(1) Monitoring and rehabilitation of impaired healthcare professionals for the purpose91
of ensuring the fitness of each such healthcare professional to resume or continue the92
practice of his or her healthcare profession while maintaining the safety of the public;93
(2) Performing duties related to paragraph (2) of Code Section 43-26-11; and94
(3) Performing such other related activities as determined by the board.95
(b) Notwithstanding subsection (k) of Code Section 43-1-2 and Code Section 43-26-11,96
the board shall be authorized to provide pertinent information regarding healthcare97
professionals, as determined by the board and in its sole discretion, to an entity for its98
purposes in conducting a professional health program pursuant to this Code section.99
(c) All information, interviews, reports, statements, memoranda, or other documents100
furnished to an entity by the board or other source or produced by an entity and any101
findings, conclusions, recommendations, or reports resulting from the monitoring or102
rehabilitation of healthcare professionals pursuant to this Code section are declared to be103
privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50,104
relating to open records. All such records of an entity shall be confidential and shall be105
used by such entity and its employees and agents only in the exercise of the proper function106
of the entity pursuant to its contract with the board. Such information, interviews, reports,107
statements, memoranda, or other documents furnished to or produced by an entity and any108
findings, conclusions, recommendations, or reports resulting from the monitoring or109
rehabilitation of healthcare professionals shall not be available for court subpoenas or for110
discovery proceedings.111
43-26-72.112
An impaired healthcare professional who participates in a professional health program113
conducted pursuant to Code Section 43-26-71 shall bear all costs associated with such114
participation.115
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43-26-73.116
Any entity that contracts with the board pursuant to Code Section 43-26-71 shall be117
immune from any liability, civil or criminal, that might otherwise be incurred or imposed118
for the performance of any functions or duties under the contract if performed in119
accordance with the terms of such contract and the provisions of this article.120
43-26-74.121
This article shall be subject to appropriation by the General Assembly. The board may122
accept and solicit private funding, public grants, in-kind gifts, or any other funding or123
donations that may be available to facilitate the purpose of conducting a professional health124
program."125
SECTION 3.126
Said title is further amended in Chapter 34, relating to physicians, physician assistants, and127
others, by revising Code Section 43-34-34, relating to limited provisional licenses relative128
to physicians, as follows:129
"43-34-34.130
(a) A person who held a valid provisional license on or before April 16, 1979, shall be able131
to renew such license annually without any one-time-only renewal limitation, as long as132
such person continues to meet the other requirements specified in this article and does not133
otherwise violate this article.134
(b) The board may issue a limited provisional license to a physician licensed or otherwise135
authorized to practice in a jurisdiction outside of the United States, provided that the board136
receives acceptable evidence that the applicant has:137
(1) Received a degree of doctor of medicine or its equivalent from an accredited medical138
school outside of the United States, has been licensed or otherwise authorized to practice139
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medicine in a jurisdiction outside of the United States, and has practiced medicine for at140
least three years;141
(2) Received a valid certificate issued by the Educational Commission for Foreign142
Medical Graduates or other credential evaluation service approved by the board;143
provided, however, that the board may waive such certification at its discretion when the144
applicant is unable to obtain the required documentation from a noncooperative country;145
(3) Achieved a passing score on both Step 1 and Step 2 Clinical Knowledge of the146
United States Medical Licensing Examination;147
(4) Entered into an agreement for a full-time employment relationship with a hospital148
licensed by the Department of Community Health, a board approved medical school, a149
teaching hospital within this state, a federally qualified health center, or a clinic within150
this state that services Medicaid, indigent, or underserved populations, provided that any151
such prospective employing entity shall carry medical malpractice insurance covering152
such licensee for the duration of employment; and153
(5) Satisfied any other criteria that the board may require for issuance of a limited154
provisional license pursuant to this subsection.155
(c) The limited provisional license provided for in subsection (b) of this Code section shall156
be valid for a period not to exceed two years and shall not be renewed.157
(d) A person who holds a current, valid limited provisional license as provided for in158
subsection (b) of this Code section for two years shall be eligible to apply for a restricted159
license to practice medicine in a designated health professional shortage area or medically160
underserved area or with a medically underserved population in this state as determined by161
the board. The board may issue such restricted license to an applicant, provided that the162
board receives acceptable evidence that the applicant has:163
(1) Maintained in good standing a provisional license pursuant to subsection (b) of this164
Code section;165
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(2) Achieved a passing score on Step 3 of the United States Medical Licensing166
Examination; and167
(3) Entered into an agreement for a full-time employment relationship with a hospital168
licensed by the Department of Community Health, a board approved medical school, a169
teaching hospital within this state, a federally qualified health center, or a clinic within170
this state that services Medicaid, indigent, or underserved populations, provided that any171
such prospective employing entity shall carry medical malpractice insurance covering172
such licensee for the duration of employment.173
(e) The restricted license provided for in subsection (d) of this Code section shall be valid174
for two years and may be renewed.175
(f) A person who holds a current, valid restricted license issued pursuant to subsection (d)176
of this Code section for two years shall be eligible to apply for a full, unrestricted license177
to practice medicine in this state, and the board may establish standards for evaluating such178
applications.179
(g) A person licensed pursuant to this Code section shall be subject to the rules and180
regulations of the board. Any license provided for in this Code section may be granted or181
denied at the discretion of the board but shall be subject to revocation by the board after182
notice and opportunity for hearing.183
(h) The board shall not grant a license under this Code section unless the foreign medical184
graduate possesses federal immigration status that allows him or her to practice as a185
physician in the United States.186
(i) The board shall promulgate rules and regulations necessary to implement the provisions187
of this Code section."188
SECTION 4.189
All laws and parts of laws in conflict with this Act are repealed.190
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