Georgia 2025-2026 Regular Session

Georgia House Bill HB717 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 33 9812
2	2	House Bill 717
3	3	By: Representatives Cooper of the 45
4	4	th
5	5	, Newton of the 127
6	6	th
7	7	, Silcox of the 53
8	8	rd
9	9	, Drenner of
10	10	the 85
11	11	th
12	12	, and Au of the 50
13	13	th
14	14
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated,
18	18	1
19	19	relating to the "Medical Practice Act of the State of Georgia," so as to provide for the2
20	20	regulation of the administration of psychedelic-assisted treatment and therapy; to provide for3
21	21	definitions; to provide for standards; to provide for requirements; to provide for the4
22	22	establishment of rules and regulations; to provide for licensure of clinics; to provide for5
23	23	statutory construction; to provide for related matters; to repeal conflicting laws; and for other6
24	24	purposes.7
25	25	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
26	26	SECTION 1.9
27	27	Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the10
28	28	"Medical Practice Act of the State of Georgia," is amended by adding a new Code section11
29	29	to read as follows:12
30	30	"43-34-49.
31	31	13
32	32	(a) As used in this Code section, the term:14
33	33	(1) 'Clinic' means a facility that offers the administration of psychedelic-assisted15
34	34	treatment and therapy, including, but not limited to, intravenous infusion of ketamine.16
35	35	H. B. 717
36	36	- 1 - 25 LC 33 9812
37	37	(2) 'Psychedelic-assisted treatment and therapy' means any treatment or therapy using17
38	38	psychedelic, dissociative, or other related substances that have the potential to produce18
39	39	hallucinations or rapidly induce suggestibility in the user or profound changes in19
40	40	perceptions of reality or the self.20
41	41	(b) No later than December 31, 2025, the board shall establish rules and regulations for the21
42	42	administration of psychedelic-assisted treatment and therapy in clinics to establish22
43	43	consistent standards, ensure continuing competency, and promote patient safety. Such23
44	44	rules and regulations shall include requirements on:24
45	45	(1) A properly equipped and maintained clinic to ensure patient safety, which may be25
46	46	demonstrated by appropriate accreditation or certification;26
47	47	(2) Competency of the physician using psychedelic-assisted treatment and therapy in the27
48	48	absence of an anesthesiologist, anesthesia assistant, or certified registered nurse28
49	49	anesthetist, including education and relevant training;29
50	50	(3) Proper prescribing and ordering of psychedelic-assisted treatment and therapy;30
51	51	(4) Proper administration and management of psychedelic-assisted treatment and31
52	52	therapy;32
53	53	(5) Emergency care and transfer protocols in the event of a complication or emergency;33
54	54	(6) Maintenance of complete and accurate medical records;34
55	55	(7) Reporting of adverse events to the board;35
56	56	(8) Required continuing medical education; and36
57	57	(9) Truth in advertising regarding the credentials, education, and training of the37
58	58	individuals administering psychedelic-assisted treatment and therapy.38
59	59	(c) Any physician, anesthesia assistant, or certified registered nurse anesthetist,39
60	60	administering psychedelic-assisted treatment and therapy in a clinic shall be subject to the40
61	61	rules and regulations established by the board pursuant to this Code section. The board41
62	62	may establish minimum standards of continuing medical education for all physicians42
63	63	owning a clinic. All other licensed healthcare professionals practicing in a clinic may be43
64	64	H. B. 717
65	65	- 2 - 25 LC 33 9812
66	66	subject to minimum standards of continuing education established by the respective44
67	67	licensing board for such healthcare professional.45
68	68	(d)(1) On and after July 1, 2026, all clinics shall be licensed by the board and shall46
69	69	biennially renew their license with the board. In the event that physicians in a clinic47
70	70	practice at more than one location, each such location shall be licensed by the board, and48
71	71	such license shall be nontransferable.49
72	72	(2) Upon the filing of an application for a license, the board may cause a thorough50
73	73	investigation of the applicant to be made and such investigation may include a criminal51
74	74	background check; provided, however, that the board shall cause a thorough investigation52
75	75	of a new applicant to be made, and such investigation shall include a background check. 53
76	76	If satisfied that the applicant possesses the necessary qualifications, the board shall issue54
77	77	a license. However, the board may issue licenses with varying restrictions to such55
78	78	persons where the board deems it necessary for the purpose of safeguarding the public56
79	79	health, safety, and welfare.57
80	80	(3) Whenever an applicable rule requires or prohibits action by a clinic, responsibility58
81	81	shall be that of the owner and the physicians practicing in such clinic, whether the owner59
82	82	is a sole proprietor, partnership, association, corporation, or otherwise.60
83	83	(4) The board shall deny or refuse to renew a clinic license if it determines that the61
84	84	granting or renewing of such license would not be in the public interest.62
85	85	(5) A clinic shall be owned by physicians licensed in this state who meet the competency63
86	86	requirements for psychedelic-assisted treatment and therapy established by the board and64
87	87	who maintain advanced airway management training.65
88	88	(6) All licenses shall expire biennially unless renewed. All applications for renewal of66
89	89	a license shall be filed with the board prior to the expiration date, accompanied by the67
90	90	biennial renewal fee prescribed by the board. A license which has expired for failure of68
91	91	the holder to renew may be late renewed after application and payment of the prescribed69
92	92	late renewal fee within the time period established by the board and provided the70
93	93	H. B. 717
94	94	- 3 - 25 LC 33 9812
95	95	applicant meets such requirements as the board may establish by rule. Any license which71
96	96	has not been renewed by the end of the late renewal period shall be considered revoked72
97	97	and subject to reinstatement at the discretion of the board after meeting such requirements73
98	98	as the board may establish.74
99	99	(e) Administration of psychedelic-assisted treatment and therapy in a clinic shall only be75
100	100	performed by:76
101	101	(1) A physician licensed in this state with advanced airway management training;77
102	102	(2) A certified registered nurse anesthetist licensed in this state under the direction and78
103	103	responsibility of a duly licensed physician; or79
104	104	(3) An anesthesia assistant licensed in this state under the direct supervision of a duly80
105	105	licensed physician.81
106	106	(f) A review of the prescription drug monitoring program database established pursuant82
107	107	to Code Section 16-13-57 shall be completed for each patient and documented in the83
108	108	patient's medical record prior to the administration of any psychedelic-assisted treatment84
109	109	and therapy and all administration of any psychedelic-assisted treatment and therapy shall85
110	110	be reported to the prescription drug monitoring program by the clinic.86
111	111	(g) Except as otherwise provided in subsection (e) of this Code section, any person who87
112	112	administers psychedelic-assisted treatment and therapy in this state without a license to88
113	113	practice medicine from the board shall be deemed to be engaged in the unlawful practice89
114	114	of medicine and subject to the provisions of Code Sections 43-34-39 and 43-34-42.90
115	115	(h) Nothing in this Code section shall be construed to permit the use of drugs or substances91
116	116	not approved by the federal Food and Drug Administration.92
117	117	(i) Nothing in this Code section shall be construed to prohibit the use of93
118	118	psychedelic-assisted treatment and therapy in a hospital setting or in a clinical trial94
119	119	approved by the federal Food and Drug Administration."95
120	120	H. B. 717
121	121	- 4 - 25 LC 33 9812
122	122	SECTION 2.
123	123	96
124	124	All laws and parts of laws in conflict with this Act are repealed.97
125	125	H. B. 717
126	126	- 5 -