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