Georgia 2025-2026 Regular Session

Georgia House Bill HB579 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 55 0580S/AP
2		-	House Bill 579 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Reeves of the 99
4		-	th
5		-	, Hatchett of the 155
6		-	th
7		-	, Wiedower of the 121
8		-	st
9		-	, Prince
10		-	of the 132
11		-	nd
12		-	, Fleming of the 114
13		-	th
14		-	, and others
	1	+	LC 55 0580S
	2	+	The House Committee on Rules offers the following substitute to HB 579:
15	3		A BILL TO BE ENTITLED
16	4		AN ACT
17		-	To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and
18		-	1
	5	+	To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and1
19	6		businesses, so as to revise provisions relating to licensure to engage in the practice of a2
20	7		profession, business, or trade in this state; to revise provisions relating to meetings of3
21	8		professional licensing boards; to revise provisions relating to the roster of licensees; to revise4
22	9		provisions relating to the duties of the division director; to provide for the review and5
23	10		granting of applications for the issuance, renewal, or reinstatement of licenses by the director6
24	11		of the professional licensing boards division; to revise provisions relating to the renewal of7
25	12		professional licenses; to revise provisions relating to the removal of members of a8
26	13		professional licensing board; to require that the rules and regulations promulgated by9
27	14		professional licensing boards be designed to protect the health, safety, and welfare of the10
28	15		public; to repeal provisions creating separate standards committees of the Georgia Composite11
29	16		Board of Professional Counselors, Social Workers, and Marriage and Family Therapists; to12
30	17		provide for an effective date; to provide for related matters; to repeal conflicting laws; and13
31	18		for other purposes.14
32	19		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
33		-	H. B. 579
34		-	- 1 - 25 LC 55 0580S/AP
35		-	PART I
36		-	16
	20	+	- 1 - LC 55 0580S
	21	+	PART I16
37	22		SECTION 1-1.17
38	23		Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,18
39	24		is amended by revising Code Section 43-1-2, relating to appointment and powers of division19
40	25		director, members and meetings of professional licenses board, examination standards, roster20
41	26		of licensees, and funding, as follows:21
42	27		"43-1-2.22
43	28		(a)(1) There is created within the office of the Secretary of State the professional23
44	29		licensing boards division as successor to the office of the joint-secretary of the state24
45	30		examining boards. The Secretary of State is authorized and directed to appoint a director25
46	31		of the professional licensing boards division.26
47	32		(2) Any action of the joint-secretary taken with regard to any state examining board prior27
48	33		to July 1, 2000, shall thereafter be deemed to be action taken by the director of the28
49	34		professional licensing boards division and that division director shall thereafter act in the29
50	35		stead of such joint-secretary and succeed to the powers and duties of the joint-secretary30
51	36		with regard to those state examining boards. The rights, privileges, entitlements, or31
52	37		duties of parties to contracts, leases, agreements, or other transactions entered into by the32
53	38		joint-secretary prior to July 1, 2000, shall continue to exist and shall not be impaired or33
54	39		diminished by reason of the succession of the division director to the powers and duties34
55	40		of the joint-secretary.35
56	41		(b) The salary of the division director shall be fixed by the Secretary of State, and he or36
57	42		she shall hold office at the pleasure of the Secretary of State.37
58	43		(c) The Secretary of State, notwithstanding any other provisions of law to the contrary,38
59	44		shall employ personnel as deemed necessary to carry out this chapter and to provide for all39
60	45		services required by each of the professional licensing boards and shall establish within the40
61		-	H. B. 579
62		-	- 2 - 25 LC 55 0580S/AP
63		-	guidelines provided by the laws and rules and regulations of the State Personnel Board the
64		-	41
	46	+	- 2 - LC 55 0580S
	47	+	guidelines provided by the laws and rules and regulations of the State Personnel Board the41
65	48		qualifications of such personnel.42
66	49		(d) The division director, with the approval of the Secretary of State, notwithstanding any43
67	50		other provisions of law to the contrary, shall enter into such contracts as are deemed44
68	51		necessary to carry out this chapter to provide for all services required by each of the45
69	52		professional licensing boards.46
70	53		(e) The Secretary of State, notwithstanding any other provisions of law to the contrary,47
71	54		shall have the power to employ and shall set the qualifications and salary for a deputy48
72	55		division director and shall appoint executive directors as required who shall act in the49
73	56		absence of the division director and who shall perform such other functions of the division50
74	57		director under this chapter as the division director may designate. The deputy division51
75	58		director and executive directors as appointed shall be in the unclassified service and shall52
76	59		be excluded from the classified service as defined in Article 1 of Chapter 20 of Title 45.53
77	60		(f) Notwithstanding any other provisions of law to the contrary, each member of the54
78	61		various professional licensing boards may receive the expense allowance as provided by55
79	62		subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a56
80	63		personal car as that received by all other state officials and employees or a travel allowance57
81	64		of actual transportation cost if traveling by public carrier within the state. Any board58
82	65		member shall also be reimbursed for any conference or meeting registration fee incurred59
83	66		in the performance of his or her duties as a board member. For each day's service outside60
84	67		of the state as a board member, such member shall receive actual expenses as an expense61
85	68		allowance as well as the same mileage allowance for the use of a personal car as that62
86	69		received by other state officials and employees or a travel allowance of actual63
87	70		transportation cost if traveling by public carrier or by rental motor vehicle. Expense64
88	71		vouchers submitted by members of the various professional licensing boards are subject65
89	72		to approval of the president or chairperson of the respective board and the division director.66
90		-	H. B. 579
91		-	- 3 - 25 LC 55 0580S/AP
92		-	(g) All meetings and hearings of the respective professional licensing boards shall be held
93		-	67
94		-	in the capitol,
95		-	at the site of the office of the respective board, or at such other site as may68
	73	+	- 3 - LC 55 0580S
	74	+	(g) All meetings and hearings of the respective professional licensing boards shall be held67
	75	+	in the capitol, at the site of the office of the respective board, or at such other site as may68
96	76		be requested by the chairperson or president of a professional licensing board and approved69
97	77		by the division director.70
98	78		(h) A majority of the appointed members of a professional licensing board shall constitute71
99	79		a quorum for the transaction of business by that board.72
100	80		(h.1) Members of a professional licensing board shall serve until the expiration of the term73
101	81		for which they were appointed and until their successors have been appointed and qualified74
102	82		unless otherwise specified under the provisions of this title.75
103	83		(i) A schedule of all meetings and hearings of the various professional licensing boards76
104	84		shall be maintained at the office of the division director and be available for public review.77
105	85		(j)(1) The division director may establish administrative standards for the examination78
106	86		of applicants for licensure by the various professional licensing boards, notwithstanding79
107	87		any other provisions of law to the contrary. These administrative standards may include80
108	88		the setting of date, time, and location of examinations, subject to the approval of the81
109	89		respective professional licensing boards. Notwithstanding any other provisions of law82
110	90		to the contrary, examination criteria, examination grading procedures, examination fees,83
111	91		examination passing score requirements, and other matters pertaining to the examination84
112	92		of applicants for licensure may be adopted by rules of the respective professional85
113	93		licensing boards as necessary to implement such examination standards. Examination86
114	94		standards, including examination criteria, grading procedures, and passing score87
115	95		requirements, developed in agreement or in conjunction with a national association of88
116	96		state boards or other related national association for the administration of a nationally89
117	97		recognized uniform examination may be adopted in lieu of state standards by the90
118	98		respective professional licensing boards.91
119	99		(2)(A) Notwithstanding any other provision of this title to the contrary, whenever an92
120	100		applicant for the issuance of a license is required to obtain prior approval from a93
121		-	H. B. 579
122		-	- 4 - 25 LC 55 0580S/AP
	101	+	- 4 - LC 55 0580S
123	102		professional licensing board before such applicant is permitted to take an examination94
124	103		required in connection with such license, the division director shall be authorized to95
125	104		grant such approval on behalf of the applicable professional licensing board, provided96
126	105		that the division director is able to determine that the applicant has satisfied all other97
127	106		requirements that may be provided in this title or in the rules and regulations of the98
128	107		professional licensing board for such applicant to take such examination.99
129	108		(B) Nothing in this paragraph shall prevent a professional licensing board from100
130	109		granting or denying its approval for any applicant seeking the issuance of a license to101
131	110		take an examination required in connection with such license, and such grant or denial102
132	111		of approval from a professional licensing board with respect to a particular applicant103
133	112		shall not be contradicted by the division director acting under the authorization104
134	113		provided in this paragraph.105
135	114		(C) As used in this paragraph, the term 'license' shall have the same meaning as set106
136	115		forth in Code Section 43-1-3.1.107
137	116		(k) The division director shall prepare and maintain a roster containing the names and108
138	117		addresses of all current licensees for each of the various professional licensing boards as109
139	118		well as all persons, other than any person who fails to renew his or her license for a period110
140	119		of 45 days or less, who have been issued a public cease and desist order by a professional111
141	120		licensing board pursuant to Code Section 43-1-20.1 for engaging in the practice of a112
142	121		business or profession without a license. A copy of this such roster for each professional113
143	122		licensing board, except for home addresses of licensees, shall be made available on the114
144	123		public website of the secretary of state and shall include, in one location, the names of115
145	124		licensees and persons issued cease and desist orders. A copy of the roster, except for home116
146	125		addresses of licensees, shall also be made available to any person upon request at a fee117
147	126		prescribed by the division director sufficient to cover the cost of printing and distribution. 118
148	127		The following shall be treated as confidential and need not be disclosed without the119
149	128		approval of the professional licensing board to which application is made:120
150		-	H. B. 579
151		-	- 5 - 25 LC 55 0580S/AP
152		-	(1) Applications and other personal information, including home addresses, submitted
153		-	121
	129	+	- 5 - LC 55 0580S
	130	+	(1) Applications and other personal information, including home addresses, submitted121
154	131		by applicants, except to the applicant, staff, and the board;122
155	132		(2) Information, favorable or unfavorable, submitted by a reference source concerning123
156	133		an applicant, except to the staff and the board;124
157	134		(3) Examination questions and other examination materials, except to the staff and the125
158	135		board; and126
159	136		(4) The deliberations of the board with respect to an application, an examination, a127
160	137		complaint, an investigation, or a disciplinary proceeding, except as may be contained in128
161	138		official board minutes.129
162	139		(l) Funding for the office of the division director and the various professional licensing130
163	140		boards served by such office shall be contained in a common budget unit as defined in131
164	141		Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.'"132
165	142		SECTION 1-2.133
166	143		Said title is further amended in Code Section 43-1-3, relating to duties of the division director134
167	144		and serving notice or process on boards through the division director, by revising subsection135
168	145		(a) as follows:136
169	146		"(a) It shall be the duty of the division director:137
170	147		(1) To bring together and keep all records relating to the professional licensing boards;138
171	148		(2) To receive all applications for licenses;139
172		-	(3) To review and grant applications for the issuance, renewal, or reinstatement of
173		-	140
	149	+	(3) To review and grant applications for the issuance, renewal, or reinstatement of140
174	150		licenses in accordance with the provisions of Code Section 43-1-3.1;141
175	151		(4) With the consent of the board concerned, to schedule the time and place for142
176	152		examinations;143
177	153		(4)(5) To schedule the time and place for all hearings;144
178	154		(5)(6) To issue certificates upon authority of the professional licensing board concerned;145
179	155		and146
180		-	H. B. 579
181		-	- 6 - 25 LC 55 0580S/AP
	156	+	- 6 - LC 55 0580S
182	157		(6)(7) Except as otherwise provided by law, to collect all fees required by law in147
183	158		connection with the licensing of trades and professions under such boards and to remit148
184	159		the same to the state treasurer for deposit into the general fund of the state. 149
185	160		Notwithstanding any other provision of law, the division director is authorized to retain150
186	161		all funds received as collection fees for use in defraying the cost of collection of fees151
187	162		required under this chapter; provided, however, that nothing in this Code section shall be152
188	163		construed so as to allow the division director to retain any funds required by the153
189	164		Constitution of Georgia to be paid into the state treasury; and provided, further, that the154
190	165		division director shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of155
191	166		Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such156
192	167		funds."157
193	168		SECTION 1-3.158
194	169		Said title is further amended by adding a new Code section to read as follows:159
195	170		"43-1-3.1.160
196	171		(a) As used in this Code section, the term 'license' means any license, certificate, permit,161
197	172		registration, or other document that is issued by a professional licensing board and that is162
198	173		required under this title for a person to engage in the practice of a profession, business, or163
199	174		trade in this state. Such term shall include, without limitation, any expedited license,164
200	175		temporary license, special license, or license by endorsement that is issued by a165
201	176		professional licensing board under this title.166
202	177		(b)(1) Notwithstanding any provision of this title to the contrary, the division director167
203	178		shall be authorized to review each application for the issuance, renewal, or reinstatement168
204	179		of a license and, upon determining that an application furnishes evidence that the169
205	180		applicant has achieved or satisfied all of the qualifications, attainments, and other170
206	181		conditions required for the issuance, renewal, or reinstatement of a particular license171
207	182		under the provisions of this title or under the rules and regulations promulgated pursuant172
208		-	H. B. 579
209		-	- 7 - 25 LC 55 0580S/AP
	183	+	- 7 - LC 55 0580S
210	184		to this title, shall be authorized, on behalf of the applicable professional licensing board,173
211	185		to issue the license to or renew or reinstate the license of the applicant.174
212	186		(2) Whenever the division director reviews any application for the issuance, renewal, or175
213	187		reinstatement of a license pursuant to paragraph (1) of this subsection and cannot176
214	188		determine, based on such application, that the applicant has achieved or satisfied all of177
215	189		the qualifications, attainments, and other conditions required for the issuance, renewal,178
216	190		or reinstatement of the license under the provisions of this title or under the rules and179
217	191		regulations promulgated pursuant to this title, the division director shall not take any180
218	192		action on the application and shall forward the application to the applicable professional181
219	193		licensing board who shall then review, consider, and either grant or deny the application182
220	194		in a timely manner.183
221	195		(c) Nothing in this Code section shall prevent a professional licensing board from184
222	196		reviewing applications for the issuance, renewal, or reinstatement of a license that is issued185
223	197		by such professional licensing board and granting or denying such applications. Any such186
224	198		application which a professional licensing board has granted or denied shall not be187
225	199		reviewed or considered by the division director and, if the division director is in the process188
226	200		of reviewing or considering such application at the time the professional licensing board189
227	201		grants or denies such application, the division director shall cease his or her review of such190
228	202		application and shall not take any further action on the application.191
229	203		(d) When it is necessary for the division director, in connection with his or her review of192
230	204		an application for the issuance, renewal, or reinstatement of a license under subsection (b)193
231	205		of this Code section, to determine whether the applicant has satisfied any postsecondary194
232	206		education requirements required for the issuance, renewal, or reinstatement of such license,195
233	207		the division director shall not be required to obtain official transcripts evidencing the196
234	208		satisfaction of such education requirements from the relevant postsecondary education197
235	209		institution, provided that the division director is able to obtain confirmation, through other198
236	210		reliable means, from the postsecondary education institution that such education199
237		-	H. B. 579
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	211	+	- 8 - LC 55 0580S
239	212		requirements have been satisfied. Each postsecondary education institution in this state is200
240	213		encouraged to work with the division director to develop such alternative method of201
241	214		confirming the satisfaction of education requirements as provided in this title."202
242	215		SECTION 1-4.203
243	216		Said title is further amended by revising Code Section 43-1-4, relating to expiration, renewal,204
244	217		and penalty dates of licenses and certificates; duration of validity, and renewals, as follows:205
245	218		"43-1-4.206
246	219		(a) The division director shall determine the expiration, renewal, and penalty dates for207
247	220		each license and certificate issued by the professional licensing boards through the office208
248	221		of the division director which is subject to renewal. Before becoming effective, these209
249	222		expiration, renewal, and penalty dates must be approved by the respective professional210
250	223		licensing boards. 211
251	224		(b) Each Notwithstanding any provision of this title to the contrary, each license and212
252	225		certificate issued by the professional licensing boards through the office of the division213
253	226		director which are subject to renewal shall be valid for up to two years and shall be214
254	227		renewable biennially on the renewal date established by the division director, as approved215
255	228		by the respective professional licensing boards. Any such license or certificate shall be216
256	229		renewable for up to 45 days after the expiration of such license or certificate, provided that217
257	230		the licensee or the certificate holder has satisfied all requirements and paid all fees relating218
258	231		to the renewal of such license or certificate as provided in this title or in the rules and219
259	232		regulations promulgated pursuant to this title.220
260	233		(c) The division director is authorized to adopt the necessary rules and regulations to221
261	234		implement the biennial renewal of licenses and certificates in such manner as to ensure that222
262	235		the number of renewals is reasonably evenly distributed throughout each two-year period."223
263		-	H. B. 579
264		-	- 9 - 25 LC 55 0580S/AP
265		-	SECTION 1-5.
266		-	224
	236	+	- 9 - LC 55 0580S
	237	+	SECTION 1-5.224
267	238		Said title is further amended by revising Code Section 43-1-17, relating to removal from225
268	239		office member of a professional licensing board, as follows:226
269	240		"43-1-17.227
270		-	The Governor, after notice and opportunity for hearing,
271		-	may remove from office any228
	241	+	The Governor, after notice and opportunity for hearing, may remove from office any228
272	242		member of a professional licensing board for any of the following:229
273	243		(1) Inability or neglect to perform the duties required of members;230
274	244		(2) Incompetence; or231
275	245		(3) Dishonest conduct."232
276	246		SECTION 1-6.233
277	247		Said title is further amended by revising Code Section 43-1-26, which is reserved, as follows:234
278	248		"43-1-26.235
279	249		Notwithstanding any provision of this title to the contrary, the power of each professional236
280	250		licensing board to promulgate rules and regulations as provided in this title shall be limited237
281	251		to the promulgation of rules and regulations that are designed to protect the health, safety,238
282	252		and welfare of the public regarding the particular profession, business, or trade that is239
283	253		regulated by such professional licensing board Reserved."240
284	254		PART II241
285	255		SECTION 2-1.242
286	256		Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,243
287	257		is amended by repealing in its entirety Code Section 43-10A-6, relating to separate standards244
288	258		committees for professional counseling specialty, social work specialty, and marriage and245
289	259		family therapy specialty, and designating said Code section as reserved.246
290		-	H. B. 579
291		-	- 10 - 25 LC 55 0580S/AP
292		-	PART III
293		-	247
	260	+	- 10 - LC 55 0580S
	261	+	PART III247
294	262		SECTION 3-1.248
295	263		This Act shall become effective on July 1, 2026.249
296	264		SECTION 3-2.250
297	265		All laws and parts of laws in conflict with this Act are repealed.251
298		-	H. B. 579
299	266		- 11 -