24 LC 33 9631S 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 - 1 - 24 LC 33 9631S 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 - 2 - 24 LC 33 9631S 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 - 3 - 24 LC 33 9631S (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 - 4 - 24 LC 33 9631S "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 - 5 - 24 LC 33 9631S (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 - 6 - 24 LC 33 9631S (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 - 7 - 24 LC 33 9631S 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 - 8 - 24 LC 33 9631S (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 - 9 - 24 LC 33 9631S (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 - 10 -