Georgia 2023 2023-2024 Regular Session

Georgia House Bill HB308 Comm Sub / Bill

Filed 03/16/2023

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The Senate Committee on Finance offered the following 
substitute to HB 308:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to1
income taxes, so as to revise a tax credit for certain medical preceptor rotations; to add2
dentistry; to increase the value of the tax credit; to revise definitions; to provide for an3
aggregate annual cap; to provide for an application and preapproval process; to extend the4
sunset provision for such tax credit; to provide for related matters; to provide for an effective5
date and applicability; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes,9
is amended by revising Code Section 48-7-29.22, relating to tax credits for certain medical10
preceptor rotations, as follows:11
"48-7-29.22.12
(a)  As used in this Code section, the term:13
(1)  'Advanced practice registered nurse student' means an individual participating in a14
training program in this state that is accredited by a nationally recognized accrediting15 23 LC 43 2813S
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body for advanced practice registered nursing programs for the training of individuals to16
become advanced practice registered nurses as defined in Code Section 43-26-3.17
(2)  'Community based faculty preceptor' means an individual who is a physician as18
defined in Code Section 43-34-21, a licensed dentist as defined in Code Section 43-11-1,19
an advanced practice registered nurse as defined in Code Section 43-26-3, or a physician20
assistant as defined in Code Section 43-34-102 and who is licensed as such by this state.21
(3)  'Medical student' means an individual participating in a training program in this state22
that is approved by the Georgia Composite Medical Board for the training of doctors of23
medicine or doctors of osteopathic medicine or by the Georgia Board of Dentistry for the24
training of dentists.25
(4)  'Physician assistant student' means an individual participating in a training program26
in this state that is approved by the Georgia Composite Medical Board for the training of27
individuals to become physician assistants as defined in Code Section 43-34-102.28
(5)  'Preceptorship rotation' means a period of preceptorship training of one or more29
medical students, physician assistant students, or advanced practice registered nurse30
students that in aggregate totals 160 hours.31
(6)  'Preceptorship training' means uncompensated community based training of a medical32
student, advanced practice registered nurse student, or physician assistant student33
matriculating in a training program in Georgia.34
(b)(1)  A community based faculty preceptor shall be allowed a credit against the tax35
imposed by Code Section 48-7-20 if he or she conducts a preceptorship rotation.36
(2)  Such credit shall be accrued on a per preceptorship rotation basis in the amount of37
$500.00 for the first, second, or third preceptorship rotation and $1,000.00 for the fourth,38
fifth, sixth, seventh, eighth, ninth, or tenth $1,000.00 for each preceptorship rotation39
completed in one calendar year by a community based faculty preceptor who is a40
physician as defined in Code Section 43-34-21 or a licensed dentist as defined in Code41
Section 43-11-1 and $375.00 for the first, second, or third preceptorship rotation and42 23 LC 43 2813S
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$750.00 for the fourth, fifth, sixth, seventh, eighth, ninth, or tenth $750.00 for each43
preceptorship rotation completed in one calendar year by a community based faculty44
preceptor who is an advanced practice registered nurse as defined in Code Section45
43-26-3 or a physician assistant as defined in Code Section 43-34-102.46
(3)  An individual shall not accrue credit for more than ten preceptorship rotations in one47
calendar year.48
(c)(1)  A community based faculty preceptor shall not be eligible to earn hours credited49
toward preceptorship training if he or she has not registered with the state-wide Area50
Health Education Centers (AHEC) Program Office at Augusta University.51
(2)  The AHEC Program Office at Augusta University shall administer the Preceptor Tax52
Incentive Program and certify preceptorship rotations for the department on behalf of all53
eligible public and private training programs for medicine, osteopathic medicine,54
dentistry, advanced practice nursing, and physician assistant at institutions in this state55
for the department.56
(d)  To receive the credit allowed by this Code section, a community based faculty57
preceptor shall claim such credit on his or her return for the tax year in which he or she58
completed the preceptorship rotation which was preapproved in accordance with subsection59
(g.1) of this Code section; shall certify that he or she did not receive payment during such60
tax year from any source for the training of a medical student, advanced practice registered61
nurse student, or physician assistant student; and shall submit supporting documentation62
as prescribed by the commissioner.63
(e)  In no event shall the total amount of the tax credit under this Code section for a taxable64
year exceed the taxpayer's income tax liability.  No such tax credit shall be allowed the65
taxpayer against prior or succeeding years' tax liability.66
(f)(1)  On August 1, 2020, and annually thereafter, the commissioner and the AHEC67
Program Office at Augusta University shall issue a report to the Governor, the68 23 LC 43 2813S
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chairperson of the Senate Finance Committee, and the chairperson of the House69
Committee on Ways and Means concerning the tax credit created by this Code section.70
(2)  Such report shall include, for the prior calendar year, the:71
(A)  Number of community based faculty preceptors claiming a credit;72
(B)  Total number of preceptorship rotations completed;73
(C)  Number of medical students, advanced practice registered nurse students, and74
physician assistant students who participated in a preceptorship rotation; and75
(D)  Total amount of credits awarded pursuant to this Code section.76
(g)  The commissioner shall be authorized to promulgate any rules and regulations77
necessary to implement and administer the provisions of this Code section.78
(g.1)  On and after January 1, 2024:79
(1)  The aggregate amount of tax credits allowed pursuant to this Code section shall not80
exceed $3 million for any calendar year;81
(2)  Each year, any individual who believes that he or she will be eligible for the tax82
credit allowed by this Code section may apply to the commissioner for preapproval of a83
specified number of preceptorship rotations for such tax credit.  Such individuals shall84
file the application in the method and manner established by the commissioner, which85
shall require each individual to certify to the commissioner that he or she is a community86
based faculty preceptor and that he or she expects to meet the conditions of this Code87
section for the year in which the application is filed, as well as the number of88
preceptorship rotations applied for;89
(3)  The commissioner shall accept and review all applications and shall notify applicants90
whether, for the given year, they are preapproved to claim the tax credit allowed by this91
Code section or that their application to claim such tax credit was denied.  The92
commissioner shall issue preapprovals on a first come, first served basis and until the93
aggregate cap for the year has been fully preapproved; and94 23 LC 43 2813S
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(4)  No taxpayer shall claim the tax credit allowed under this Code section for any year95
unless he or she has been preapproved by the commissioner and has satisfied the96
conditions required in this Code section for the taxable year for which the tax credit is97
claimed.98
(h)  This Code section shall stand repealed by operation of law at the last moment of99
December 31, 2023 2026."100
SECTION 2.101
This Act shall become effective on January 1, 2024, and shall be applicable to all taxable102
years beginning on or after January 1, 2024.103
SECTION 3.104
All laws and parts of laws in conflict with this Act are repealed.105