Georgia 2023-2024 Regular Session

Georgia House Bill HB434 Latest Draft

Bill / Comm Sub Version Filed 02/07/2024

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The Senate Committee on Regulated Industries and Utilities offered the following 
substitute to HB 434:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to1
physicians, assistants, and others, so as to provide for the licensing of radiologist assistants;2
to provide for continuing education requirements; to repeal a provision relating to radiologist3
assistant defined; to provide a short title; to provide for definitions; to provide for licensure4
requirements; to provide for renewal requirements; to prohibit holding oneself out as a5
radiologist assistant without licensure; to provide for licensure for currently employed6
radiologist assistants; to provide for the duties and powers of the Georgia Composite Medical7
Board with respect to radiologist assistants; to provide that radiologists may use the services8
of licensed radiologist assistants; to prohibit certain practices by radiologist assistants; to9
provide for an advisory committee; to provide for statutory construction; to provide for10
related matters; to provide for an effective date; to repeal conflicting laws; and for other11
purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
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SECTION 1.14
Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians,15
assistants, and others, is amended by revising subsection (a) of Code Section 43-34-11,16
relating to continuing education requirement and required training for physicians, as follows:17
"(a)(1)  The board shall be authorized to require persons seeking renewal of a license,18
certificate, or permit under this chapter to complete board approved continuing education19
of not less than 40 hours biennially.  The board shall be authorized to approve courses20
offered by institutions of higher learning, specialty societies, or professional21
organizations, including, but not limited to, the American Medical Association, the22
National Medical Association, and the American Osteopathic Association, the number23
of hours required, and the category in which these hours should be earned. This24
paragraph shall not apply to respiratory care professionals, persons seeking renewal of25
certification as respiratory care professionals, clinical perfusionists, persons seeking26
renewal of licensure as a clinical perfusionist, licensed orthotists or prosthetists, persons27
seeking renewal of licensure as an orthotist or prosthetist, genetic counselors, or persons28
seeking renewal of licensure as a genetic counselor, radiologist assistants, or persons29
seeking renewal of licensure as a radiologist assistant.30
(2)  The board shall be authorized to require persons seeking renewal of certification as31
respiratory care professionals under Article 6 of this chapter to complete board approved32
continuing education.  The board shall be authorized to establish the number of hours of33
continuing education required biennially for renewal of certification as a respiratory care34
professional and the categories in which these hours should be earned.  The board shall35
be authorized to approve courses offered by institutions of higher learning, specialty36
societies, or professional organizations.  Any action taken by the board pursuant to this37
paragraph shall be taken in conformity with the provisions of Code Section 43-34-143.38
(3)  The board shall be authorized to require persons seeking renewal of licensure as39
clinical perfusionists under Article 7 of this chapter to complete board approved40
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continuing education.  The board shall be authorized to establish the number of hours of41
continuing education required biennially for renewal of licensure as a clinical perfusionist42
and the categories in which these hours should be earned.  The board shall be authorized43
to approve courses offered by institutions of higher learning, specialty societies, or44
professional organizations.  Any action taken by the board pursuant to this paragraph45
shall be taken in conformity with the provisions of Code Section 43-34-172.46
(4)  The board shall be authorized to require persons seeking renewal of licensure to47
practice orthotics or prosthetics under Article 8 of this chapter to complete board48
approved continuing education.  The board shall be authorized to establish the number49
of hours of continuing education required biennially for renewal of licensure to practice50
orthotics or prosthetics and the categories in which these hours should be earned,51
provided that the maximum number of hours of continuing education required for52
renewal of licensure shall not exceed 40 hours.  The board shall be authorized to approve53
courses offered by institutions of higher learning, specialty societies, or professional54
organizations.  Any action taken by the board pursuant to this paragraph shall be taken55
in conformity with the provisions of subsection (a) of Code Section 43-34-200.56
(5)  The board shall be authorized to require persons seeking renewal of licensure to57
practice genetic counseling under Article 12 of this chapter to complete board approved58
continuing education.  The board shall be authorized to establish the number of hours of59
continuing education required biennially for renewal of licensure to practice genetic60
counseling and the categories in which these hours should be earned, provided that the61
number of hours of continuing education required for renewal of licensure shall not be62
less than 30 hours biennially.  The board shall be authorized to approve courses offered63
by institutions of higher learning, specialty societies, or professional organizations.  Any64
action taken by the board pursuant to this paragraph shall be taken in conformity with the65
provisions of subsection (b) of Code Section 43-34-313.66
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(6)  The board shall be authorized to require persons seeking renewal of licensure to67
practice as a radiologist assistant under Article 13 of this chapter to complete board68
approved continuing education.  The board shall be authorized to establish the number69
of hours of continuing education required biennially for renewal of licensure to practice70
as a radiologist assistant and the categories in which these hours should be earned.  The71
board shall be authorized to approve courses offered by institutions of higher learning,72
specialty societies, or professional organizations.  Any action taken by the board pursuant73
to this paragraph shall be taken in conformity with the provisions of subsection (b) of74
Code Section 43-34-334.75
(6)(7) On and after January 1, 2022, all physicians shall be required to receive one-time76
education and training, for a minimum of two hours, regarding professional boundaries77
and physician sexual misconduct.  Such education and training shall include subject78
matter relating to how to proceed with basic as well as sensitive or intimate examinations79
and the communication with patients that is required as a component of such80
examinations.  Such education and training shall be established by the board and shall be81
informed by members of the public, as best possible."82
SECTION 2.83
Said chapter is further amended by repealing Code Section 43-34-12, relating to radiologist84
assistant defined.85
SECTION 3.86
Said chapter is further amended by adding a new article to read as follows:87
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"ARTICLE 1388
43-34-330.89
This article shall be known and may be cited as the 'Radiologist Assistant Act.'90
43-34-331.91
As used in this article, the term:92
(1)  'Board' means the Georgia Composite Medical Board.93
(2)  'Radiologist' means a physician who is licensed to practice medicine pursuant to94
Article 2 of this chapter and who is certified by the American Board of Radiology, the95
American Osteopathic Board of Radiology, or the Royal College of Physicians and96
Surgeons of Canada.97
(3) 'Radiologist assistant' means an advanced level certified diagnostic radiologic98
technologist who assists radiologists under the direct supervision of a radiologist as99
defined by the Georgia Composite Medical Board in performing advanced diagnostic100
imaging procedures as determined by board rule, including, but not limited to, enteral and101
parenteral procedures when performed under the direct supervision of the radiologist and102
may include injecting diagnostic agents to sites other than intravenous, performing103
diagnostic aspirations and localizations, and assisting radiologists with other invasive104
procedures.105
43-34-332.106
A person shall be qualified for licensure as a radiologist assistant and the board may issue107
a license if that person:108
(1)  Has applied in writing in form and substance satisfactory to the board and is at least109
21 years of age;110
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(2) Has not engaged in conduct or activities which would constitute grounds for111
discipline under this article;112
(3)  Is registered and credentialed as a radiographer with the American Registry of113
Radiologic Technologists;114
(4)  Is certified and registered:115
(A)  As a radiologist assistant with the American Registry of Radiologic Technologists;116
or117
(B)  As a radiology practitioner assistant with the Certification Board for Radiology118
Practitioner Assistants;119
(5)  Has paid the fees required by rule; and120
(6)  Has met any other requirements established by rule.121
43-34-333.122
(a)  Licenses issued by the board pursuant to this article shall be subject to renewal and123
shall be valid for up to two years unless otherwise specified by this article and shall be124
renewable biennially on the renewal date established by the board.125
(b)  The board shall be authorized to, in conformance with paragraph (6) of subsection (a)126
of Code Section 43-34-11:127
(1)  Require persons seeking renewal of licensure under this article to complete board128
approved continuing education; and129
(2)  Establish the number of hours of continuing education to be completed as well as the130
categories in which the continuing education is to be completed.131
(c)  A person who has permitted his or her license to expire or who has had his or her132
license on inactive status may have his or her license restored by:133
(1)  Making application to the board;134
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(2)  Filing proof acceptable to the board of his or her fitness to have his or her license135
restored, including, but not limited to, sworn evidence certifying to active practice in136
another jurisdiction satisfactory to the board; and137
(3)  Paying the required restoration fee.138
If the person has not maintained an active practice in another jurisdiction satisfactory to the139
board, the board shall determine, by an evaluation program established by rule, such140
person's fitness to resume active status and may require such person to complete a period141
of evaluated clinical experience and successful completion of an examination.142
(d)  A person who notifies the board on forms prescribed thereby may elect to place his or143
her license on an inactive status and shall, subject to rules of the board, be excused from144
payment of renewal fees until he or she notifies the board of his or her desire to resume145
active status.  A person requesting restoration from inactive status shall be required to pay146
the current renewal fee and shall be required to restore his or her license as provided in147
subsection (c) of this Code section.  A radiologist assistant whose license is on inactive148
status shall not engage in the scope of practice for radiologist assistants in this state.149
(e)  A person whose license expired while he or she was:150
(1)  In federal service on active duty within the armed forces of the United States or with151
the state militia and called into service or training; or152
(2)  In training or education under the supervision of the United States preliminary to153
induction into military service154
may have his or her license renewed or restored without paying a lapsed renewal fee if,155
within two years after termination from the service, training, or education except under156
conditions other than honorable, he or she furnishes the board with satisfactory evidence157
that he or she has been so engaged and that his or her service, training, or education has158
been terminated.159
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43-34-334.160
(a)  On and after July 1, 2024, a person shall not engage in the scope of practice for161
radiologist assistants in this state without a valid license issued by the board pursuant to162
this article.163
(b)  A person shall not hold himself or herself out as a radiologist assistant unless he or she164
holds a license issued by the board in accordance with this article.  A person not licensed165
by the board pursuant to this article shall not use in connection with his or her name or166
place of business the terms 'radiologist assistant' or any words, letters, abbreviations, or167
insignia indicating or implying that the person holds a license as a radiologist assistant.168
(c)  A person who verifies to the board that he or she is employed in this state as a169
radiologist assistant as of the effective date of this article shall by operation of law be170
licensed to practice as a radiologist assistant in this state on July 1, 2024.171
43-34-335.172
(a)  A radiologist may use the services of a radiologist assistant under the direct supervision173
of such radiologist, provided that such radiologist assistant is duly qualified and licensed174
pursuant to this article.175
(b) A radiologist assistant shall not interpret images, make diagnoses, or prescribe176
medications or therapies.177
(c)  Any rules and regulations adopted by the board pertaining to the scope of practice as178
a radiologist assistant in this state shall be consistent with guidelines adopted by the179
American College of Radiology, the American Society of Radiologic Technologists, the180
American Registry of Radiologic Technologists, or any other entity deemed appropriate181
by the board.182
43-34-336.183
The board shall have the power and responsibility to:184
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(1)  Determine the qualifications and fitness of applicants for licensure and renewal of185
licensure;186
(2)  Adopt and revise rules consistent with the laws of the State of Georgia that are187
necessary to conduct its business, carry out its duties, and administer this article;188
(3)  Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the licenses189
of applicants and radiologist assistants under this article and conduct hearings in190
connection with these actions;191
(4)  Conduct hearings on complaints concerning violations of this article and the rules192
adopted under this article and cause the prosecution and enjoinder of the violations;193
(5)  Establish application, examination, and certification fees; and194
(6)  Establish continuing education requirements.195
43-34-337.196
The board shall appoint an advisory committee.  The advisory committee shall consist of197
no fewer than five individuals and shall include at least one licensed physician who198
practices radiology, three licensed radiologist assistants, and one consumer representative. 199
Members shall receive no compensation for service on the committee.  The committee shall200
have such advisory duties and responsibilities as the board may determine, including, but201
not limited to, consulting with the board on the issuance, denial, suspension, and revocation202
of licenses and the promulgation of rules and regulations under this article.  The initial203
members of the advisory committee may include persons eligible for licensing under this204
article.  Subsequent advisory committee members must be licensed pursuant to this article.205
43-34-338.206
Nothing in this article shall be construed to prohibit:207
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(1)  The performance of any tasks or responsibilities by any student engaged in clinical208
training in a general hospital, provided such practice is limited to clinical training that209
shall be carried out under the direct supervision of a radiologist;210
(2)  The performance of any tasks or responsibilities by any person licensed under this211
title, provided such tasks or responsibilities are permitted by the article governing the212
profession pursuant to which such person is licensed; or213
(3)  The performance of any tasks or responsibilities by any legally qualified radiologist214
assistants of any other state or territory who is serving in the armed forces or the Public215
Health Service of the United States or who is employed by the United States Department216
of Veterans Affairs, while engaged in the performance of his or her duties."217
SECTION 4.218
This Act shall become effective upon its approval by the Governor or upon its becoming law219
without such approval.220
SECTION 5.221
All laws and parts of laws in conflict with this Act are repealed.222
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