Georgia 2023-2024 Regular Session

Georgia House Bill HB434 Compare Versions

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1-24 LC 33 9631S
2-The Senate Committee on Regulated Industries and Utilities offered the following
3-substitute to HB 434:
1+23 LC 33 9336
2+H. B. 434
3+- 1 -
4+House Bill 434
5+By: Representatives Hawkins of the 27
6+th
7+, Newton of the 127
8+th
9+, Dempsey of the 13
10+th
11+, DeLoach
12+of the 167
13+th
14+, Bennett of the 94
15+th
16+, and others
417 A BILL TO BE ENTITLED
518 AN ACT
6-To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to1
7-physicians, assistants, and others, so as to provide for the licensing of radiologist assistants;2
8-to provide for continuing education requirements; to repeal a provision relating to radiologist3
9-assistant defined; to provide a short title; to provide for definitions; to provide for licensure4
10-requirements; to provide for renewal requirements; to prohibit holding oneself out as a5
11-radiologist assistant without licensure; to provide for licensure for currently employed6
12-radiologist assistants; to provide for the duties and powers of the Georgia Composite Medical7
13-Board with respect to radiologist assistants; to provide that radiologists may use the services8
14-of licensed radiologist assistants; to prohibit certain practices by radiologist assistants; to9
15-provide for an advisory committee; to provide for statutory construction; to provide for10
16-related matters; to provide for an effective date; to repeal conflicting laws; and for other11
17-purposes.12
18-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
19-- 1 - 24 LC 33 9631S
20-SECTION 1.14
21-Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians,15
22-assistants, and others, is amended by revising subsection (a) of Code Section 43-34-11,16
23-relating to continuing education requirement and required training for physicians, as follows:17
24-"(a)(1) The board shall be authorized to require persons seeking renewal of a license,18
25-certificate, or permit under this chapter to complete board approved continuing education19
26-of not less than 40 hours biennially. The board shall be authorized to approve courses20
27-offered by institutions of higher learning, specialty societies, or professional21
28-organizations, including, but not limited to, the American Medical Association, the22
29-National Medical Association, and the American Osteopathic Association, the number23
30-of hours required, and the category in which these hours should be earned. This24
31-paragraph shall not apply to respiratory care professionals, persons seeking renewal of25
32-certification as respiratory care professionals, clinical perfusionists, persons seeking26
33-renewal of licensure as a clinical perfusionist, licensed orthotists or prosthetists, persons27
34-seeking renewal of licensure as an orthotist or prosthetist, genetic counselors, or persons28
35-seeking renewal of licensure as a genetic counselor, radiologist assistants, or persons29
36-seeking renewal of licensure as a radiologist assistant.30
37-(2) The board shall be authorized to require persons seeking renewal of certification as31
38-respiratory care professionals under Article 6 of this chapter to complete board approved32
39-continuing education. The board shall be authorized to establish the number of hours of33
40-continuing education required biennially for renewal of certification as a respiratory care34
41-professional and the categories in which these hours should be earned. The board shall35
42-be authorized to approve courses offered by institutions of higher learning, specialty36
43-societies, or professional organizations. Any action taken by the board pursuant to this37
44-paragraph shall be taken in conformity with the provisions of Code Section 43-34-143.38
45-(3) The board shall be authorized to require persons seeking renewal of licensure as39
46-clinical perfusionists under Article 7 of this chapter to complete board approved40
47-- 2 - 24 LC 33 9631S
48-continuing education. The board shall be authorized to establish the number of hours of41
49-continuing education required biennially for renewal of licensure as a clinical perfusionist42
50-and the categories in which these hours should be earned. The board shall be authorized43
51-to approve courses offered by institutions of higher learning, specialty societies, or44
52-professional organizations. Any action taken by the board pursuant to this paragraph45
53-shall be taken in conformity with the provisions of Code Section 43-34-172.46
54-(4) The board shall be authorized to require persons seeking renewal of licensure to47
55-practice orthotics or prosthetics under Article 8 of this chapter to complete board48
56-approved continuing education. The board shall be authorized to establish the number49
57-of hours of continuing education required biennially for renewal of licensure to practice50
58-orthotics or prosthetics and the categories in which these hours should be earned,51
59-provided that the maximum number of hours of continuing education required for52
60-renewal of licensure shall not exceed 40 hours. The board shall be authorized to approve53
61-courses offered by institutions of higher learning, specialty societies, or professional54
62-organizations. Any action taken by the board pursuant to this paragraph shall be taken55
63-in conformity with the provisions of subsection (a) of Code Section 43-34-200.56
64-(5) The board shall be authorized to require persons seeking renewal of licensure to57
65-practice genetic counseling under Article 12 of this chapter to complete board approved58
66-continuing education. The board shall be authorized to establish the number of hours of59
67-continuing education required biennially for renewal of licensure to practice genetic60
68-counseling and the categories in which these hours should be earned, provided that the61
69-number of hours of continuing education required for renewal of licensure shall not be62
70-less than 30 hours biennially. The board shall be authorized to approve courses offered63
71-by institutions of higher learning, specialty societies, or professional organizations. Any64
72-action taken by the board pursuant to this paragraph shall be taken in conformity with the65
73-provisions of subsection (b) of Code Section 43-34-313.66
74-- 3 - 24 LC 33 9631S
75-(6) The board shall be authorized to require persons seeking renewal of licensure to67
76-practice as a radiologist assistant under Article 13 of this chapter to complete board68
77-approved continuing education. The board shall be authorized to establish the number69
78-of hours of continuing education required biennially for renewal of licensure to practice70
79-as a radiologist assistant and the categories in which these hours should be earned. The71
80-board shall be authorized to approve courses offered by institutions of higher learning,72
81-specialty societies, or professional organizations. Any action taken by the board pursuant73
82-to this paragraph shall be taken in conformity with the provisions of subsection (b) of74
83-Code Section 43-34-334.75
84-(6)(7) On and after January 1, 2022, all physicians shall be required to receive one-time76
85-education and training, for a minimum of two hours, regarding professional boundaries77
86-and physician sexual misconduct. Such education and training shall include subject78
87-matter relating to how to proceed with basic as well as sensitive or intimate examinations79
88-and the communication with patients that is required as a component of such80
89-examinations. Such education and training shall be established by the board and shall be81
90-informed by members of the public, as best possible."82
91-SECTION 2.83
92-Said chapter is further amended by repealing Code Section 43-34-12, relating to radiologist84
93-assistant defined.85
94-SECTION 3.86
95-Said chapter is further amended by adding a new article to read as follows:87
96-- 4 - 24 LC 33 9631S
97-"ARTICLE 1388
98-43-34-330.89
99-This article shall be known and may be cited as the 'Radiologist Assistant Act.'90
100-43-34-331.91
101-As used in this article, the term:92
102-(1) 'Board' means the Georgia Composite Medical Board.93
103-(2) 'Radiologist' means a physician who is licensed to practice medicine pursuant to94
104-Article 2 of this chapter and who is certified by the American Board of Radiology, the95
105-American Osteopathic Board of Radiology, or the Royal College of Physicians and96
106-Surgeons of Canada.97
107-(3) 'Radiologist assistant' means an advanced level certified diagnostic radiologic98
108-technologist who assists radiologists under the direct supervision of a radiologist as99
109-defined by the Georgia Composite Medical Board in performing advanced diagnostic100
110-imaging procedures as determined by board rule, including, but not limited to, enteral and101
111-parenteral procedures when performed under the direct supervision of the radiologist and102
112-may include injecting diagnostic agents to sites other than intravenous, performing103
113-diagnostic aspirations and localizations, and assisting radiologists with other invasive104
114-procedures.105
115-43-34-332.106
116-A person shall be qualified for licensure as a radiologist assistant and the board may issue107
117-a license if that person:108
118-(1) Has applied in writing in form and substance satisfactory to the board and is at least109
119-21 years of age;110
120-- 5 - 24 LC 33 9631S
121-(2) Has not engaged in conduct or activities which would constitute grounds for111
122-discipline under this article;112
123-(3) Is registered and credentialed as a radiographer with the American Registry of113
124-Radiologic Technologists;114
125-(4) Is certified and registered:115
126-(A) As a radiologist assistant with the American Registry of Radiologic Technologists;116
127-or117
128-(B) As a radiology practitioner assistant with the Certification Board for Radiology118
129-Practitioner Assistants;119
130-(5) Has paid the fees required by rule; and120
131-(6) Has met any other requirements established by rule.121
132-43-34-333.122
133-(a) Licenses issued by the board pursuant to this article shall be subject to renewal and123
134-shall be valid for up to two years unless otherwise specified by this article and shall be124
135-renewable biennially on the renewal date established by the board.125
136-(b) The board shall be authorized to, in conformance with paragraph (6) of subsection (a)126
137-of Code Section 43-34-11:127
138-(1) Require persons seeking renewal of licensure under this article to complete board128
139-approved continuing education; and129
140-(2) Establish the number of hours of continuing education to be completed as well as the130
141-categories in which the continuing education is to be completed.131
142-(c) A person who has permitted his or her license to expire or who has had his or her132
143-license on inactive status may have his or her license restored by:133
144-(1) Making application to the board;134
145-- 6 - 24 LC 33 9631S
146-(2) Filing proof acceptable to the board of his or her fitness to have his or her license135
147-restored, including, but not limited to, sworn evidence certifying to active practice in136
148-another jurisdiction satisfactory to the board; and137
149-(3) Paying the required restoration fee.138
150-If the person has not maintained an active practice in another jurisdiction satisfactory to the139
151-board, the board shall determine, by an evaluation program established by rule, such140
152-person's fitness to resume active status and may require such person to complete a period141
153-of evaluated clinical experience and successful completion of an examination.142
154-(d) A person who notifies the board on forms prescribed thereby may elect to place his or143
155-her license on an inactive status and shall, subject to rules of the board, be excused from144
156-payment of renewal fees until he or she notifies the board of his or her desire to resume145
157-active status. A person requesting restoration from inactive status shall be required to pay146
158-the current renewal fee and shall be required to restore his or her license as provided in147
159-subsection (c) of this Code section. A radiologist assistant whose license is on inactive148
160-status shall not engage in the scope of practice for radiologist assistants in this state.149
161-(e) A person whose license expired while he or she was:150
162-(1) In federal service on active duty within the armed forces of the United States or with151
163-the state militia and called into service or training; or152
164-(2) In training or education under the supervision of the United States preliminary to153
165-induction into military service154
166-may have his or her license renewed or restored without paying a lapsed renewal fee if,155
167-within two years after termination from the service, training, or education except under156
168-conditions other than honorable, he or she furnishes the board with satisfactory evidence157
169-that he or she has been so engaged and that his or her service, training, or education has158
170-been terminated.159
171-- 7 - 24 LC 33 9631S
172-43-34-334.160
173-(a) On and after July 1, 2024, a person shall not engage in the scope of practice for161
174-radiologist assistants in this state without a valid license issued by the board pursuant to162
175-this article.163
176-(b) A person shall not hold himself or herself out as a radiologist assistant unless he or she164
177-holds a license issued by the board in accordance with this article. A person not licensed165
178-by the board pursuant to this article shall not use in connection with his or her name or166
179-place of business the terms 'radiologist assistant' or any words, letters, abbreviations, or167
180-insignia indicating or implying that the person holds a license as a radiologist assistant.168
181-(c) A person who verifies to the board that he or she is employed in this state as a169
182-radiologist assistant as of the effective date of this article shall by operation of law be170
183-licensed to practice as a radiologist assistant in this state on July 1, 2024.171
184-43-34-335.172
185-(a) A radiologist may use the services of a radiologist assistant under the direct supervision173
186-of such radiologist, provided that such radiologist assistant is duly qualified and licensed174
187-pursuant to this article.175
188-(b) A radiologist assistant shall not interpret images, make diagnoses, or prescribe176
189-medications or therapies.177
190-(c) Any rules and regulations adopted by the board pertaining to the scope of practice as178
191-a radiologist assistant in this state shall be consistent with guidelines adopted by the179
192-American College of Radiology, the American Society of Radiologic Technologists, the180
193-American Registry of Radiologic Technologists, or any other entity deemed appropriate181
194-by the board.182
195-43-34-336.183
196-The board shall have the power and responsibility to:184
197-- 8 - 24 LC 33 9631S
198-(1) Determine the qualifications and fitness of applicants for licensure and renewal of185
199-licensure;186
200-(2) Adopt and revise rules consistent with the laws of the State of Georgia that are187
201-necessary to conduct its business, carry out its duties, and administer this article;188
202-(3) Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the licenses189
203-of applicants and radiologist assistants under this article and conduct hearings in190
204-connection with these actions;191
205-(4) Conduct hearings on complaints concerning violations of this article and the rules192
206-adopted under this article and cause the prosecution and enjoinder of the violations;193
207-(5) Establish application, examination, and certification fees; and194
208-(6) Establish continuing education requirements.195
209-43-34-337.196
210-The board shall appoint an advisory committee. The advisory committee shall consist of197
211-no fewer than five individuals and shall include at least one licensed physician who198
212-practices radiology, three licensed radiologist assistants, and one consumer representative. 199
213-Members shall receive no compensation for service on the committee. The committee shall200
214-have such advisory duties and responsibilities as the board may determine, including, but201
215-not limited to, consulting with the board on the issuance, denial, suspension, and revocation202
216-of licenses and the promulgation of rules and regulations under this article. The initial203
217-members of the advisory committee may include persons eligible for licensing under this204
218-article. Subsequent advisory committee members must be licensed pursuant to this article.205
219-43-34-338.206
220-Nothing in this article shall be construed to prohibit:207
221-- 9 - 24 LC 33 9631S
222-(1) The performance of any tasks or responsibilities by any student engaged in clinical208
223-training in a general hospital, provided such practice is limited to clinical training that209
224-shall be carried out under the direct supervision of a radiologist;210
225-(2) The performance of any tasks or responsibilities by any person licensed under this211
226-title, provided such tasks or responsibilities are permitted by the article governing the212
227-profession pursuant to which such person is licensed; or213
228-(3) The performance of any tasks or responsibilities by any legally qualified radiologist214
229-assistants of any other state or territory who is serving in the armed forces or the Public215
230-Health Service of the United States or who is employed by the United States Department216
231-of Veterans Affairs, while engaged in the performance of his or her duties."217
232-SECTION 4.218
233-This Act shall become effective upon its approval by the Governor or upon its becoming law219
234-without such approval.220
235-SECTION 5.221
236-All laws and parts of laws in conflict with this Act are repealed.222
237-- 10 -
19+To amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated,
20+1
21+relating to the Georgia Composite Medical Board, so as to provide for the licensing of2
22+radiologist assistants; to provide for definitions; to provide for powers and responsibilities3
23+of the board; to provide that radiologists may use the services of licensed radiologist4
24+assistants; to prohibit certain practices by radiologist assistants; to provide for related5
25+matters; to repeal conflicting laws; and for other purposes.6
26+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
27+SECTION 1.8
28+Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the9
29+Georgia Composite Medical Board, is amended by revising Code Section 43-34-12, relating10
30+to the definition of a radiologist assistant, as follows:11
31+"43-34-12.12
32+(a) For purposes of this chapter
33+ As used in this Code section, the term:13
34+(1) 'License' means a license to practice as a radiologist assistant pursuant to this Code14
35+section.15 23 LC 33 9336
36+H. B. 434
37+- 2 -
38+(2) 'Radiologist' means a physician who is licensed to practice medicine pursuant to16
39+Article 2 of this chapter and who is certified by the American Board of Radiology, the17
40+American Osteopathic Board of Radiology, or the Royal College of Physicians and18
41+Surgeons of Canada.19
42+(3) 'Radiologist 'radiologist assistant' means an advanced level certified diagnostic20
43+radiologic technologist who assists radiologists under levels of supervision defined by the21
44+Georgia Composite Medical Board in performing advanced diagnostic imaging22
45+procedures as determined by board rule, including, but not limited to, enteral and23
46+parenteral procedures when performed under the direction of the supervising radiologist24
47+and may include injecting diagnostic agents to sites other than intravenous, performing25
48+diagnostic aspirations and localizations, and assisting radiologists with other invasive26
49+procedures.27
50+(b) This Code section is for definitional purposes only and shall not be construed to require28
51+any duties or obligations regarding radiology assistants that did not already exist as of June29
52+30, 2009.30
53+(b) The board shall establish criteria for licensure and renewal of licensure as a radiologist31
54+assistant pursuant to this Code section. Such criteria shall include evidence that the32
55+applicant:33
56+(1) Is registered and credentialed as a radiographer with the American Registry of34
57+Radiologic Technologists; and35
58+(2) Is certified and registered:36
59+(A) As a radiologist assistant with the American Registry of Radiologic Technologists;37
60+or38
61+(B) As a radiology practitioner assistant with the Certification Board for Radiology39
62+Practitioner Assistants.40
63+(c) The board shall have the power and responsibility to:41 23 LC 33 9336
64+H. B. 434
65+- 3 -
66+(1) License and regulate the practice of radiologist assistants in accordance with the42
67+provisions of this Code section; and43
68+(2) Promulgate reasonable rules and regulations necessary to enable it to discharge its44
69+functions and enforce the provisions of this Code section, which shall include, but shall45
70+not be limited to:46
71+(A) Qualifications for licensure for radiologist assistants;47
72+(B) Scope of practice of radiologist assistants;48
73+(C) Supervision of radiologist assistants;49
74+(D) Identification of radiologist assistants;50
75+(E) Grounds for disciplinary actions and discipline of radiologist assistants; and51
76+(F) Establishment of reasonable fees for licensure and license renewals for radiologist52
77+assistants.53
78+Such rules and regulations adopted by the board pertaining to the scope of practice and the54
79+educational qualifications necessary to practice as a radiologist assistant in this state shall55
80+be consistent with guidelines adopted by the American College of Radiology, the American56
81+Society of Radiologic Technologists, the American Registry of Radiologic Technologists,57
82+or any other entity deemed appropriate by the board.58
83+(d) A radiologist may use the services of a radiologist assistant under the supervision of59
84+such radiologist, provided that such radiologist assistant is duly qualified and licensed60
85+pursuant to this Code section.61
86+(e) A radiologist assistant shall not interpret images, make diagnoses, or prescribe62
87+medications or therapies."63
88+SECTION 2.64
89+All laws and parts of laws in conflict with this Act are repealed.65