25 LC 33 9815S
The House Committee on Public and Community Health offers the following substitute
to SB 162:
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 Georgia Composite Medical Board2
to implement an automated licensing system for certain healthcare providers in this state; to3
provide for requirements; to provide for the regulation of the administration of4
psychedelic-assisted treatment and therapy by the Georgia Composite Medical Board; to5
provide for definitions; to provide for standards; to provide for requirements; to provide for6
the establishment of rules and regulations; to provide for licensure of clinics; to provide for7
statutory construction; to provide for related matters; to repeal conflicting laws; and for other8
purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians,12
assistants, and others, is amended in Code Section 43-34-6, relating to board as an13
independent agency, by adding new subsections to read as follows:14
"(k) No later than October 1, 2025, the board shall implement a data management software15
system to streamline and automate the licensing process for physicians, physician16
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assistants, and anesthesiologist assistants. No later than January 1, 2026, such system shall17
be fully operational for other healthcare providers licensed by the board.18
(l) The system provided for in subsection (k) of this Code section may:19
(1) Organize, verify, and store the licenses of healthcare providers, allowing for a single20
verification process that results in authorization state wide, provided that a healthcare21
facility, licensee, or applicant inputs the credentialing information and agrees to such22
authorization;23
(2) If available, be customizable so that a healthcare facility can add requirements to24
meet such facility's rules, regulations, or bylaws;25
(3) Provide a public facing page that is easily and securely accessible by other state26
medical boards, healthcare providers, and healthcare facilities;27
(4) Notify any individual submitting credentials into such system when his or her28
application is deficient, what such deficiency is, and when such application is complete;29
(5) Process complete applications within 30 days and process reappointments within two30
weeks;31
(6) Provide for the registration of nurse protocol agreements for advanced practice32
registered nurses and job descriptions for licensed physician assistants and33
anesthesiologist assistants;34
(7) Allow any healthcare facility to accept the information for licensing as acceptance35
for credentialing and any healthcare provider to add additional requirements for36
credentialing in their facility; and37
(8) Perform any other functions the board deems necessary to improve licensing38
processes under this chapter."39
SECTION 2.40
Said chapter is further amended by adding a new Code section to read as follows:41
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"43-34-49.42
(a) As used in this Code section, the term:43
(1) 'Clinic' means a facility that offers the administration of psychedelic-assisted44
treatment and therapy, including, but not limited to, intravenous infusion of ketamine.45
(2) 'Psychedelic-assisted treatment and therapy' means any treatment or therapy using46
psychedelic, dissociative, or other related substances that have the potential to produce47
hallucinations or rapidly induce suggestibility in the user or profound changes in48
perceptions of reality or the self.49
(b) No later than December 31, 2025, the board shall establish rules and regulations for the50
administration of psychedelic-assisted treatment and therapy in clinics to establish51
consistent standards, ensure continuing competency, and promote patient safety. Such52
rules and regulations shall include requirements on:53
(1) A properly equipped and maintained clinic to ensure patient safety, which may be54
demonstrated by appropriate accreditation or certification;55
(2) Competency of the physician using psychedelic-assisted treatment and therapy in the56
absence of an anesthesiologist, anesthesiologist assistant, or certified registered nurse57
anesthetist, including education and relevant training;58
(3) Proper prescribing and ordering of psychedelic-assisted treatment and therapy;59
(4) Proper administration and management of psychedelic-assisted treatment and60
therapy;61
(5) Emergency care and transfer protocols in the event of a complication or emergency;62
(6) Maintenance of complete and accurate medical records;63
(7) Reporting of adverse events to the board;64
(8) Required continuing medical education; and65
(9) Truth in advertising regarding the credentials, education, and training of the66
individuals administering psychedelic-assisted treatment and therapy.67
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(c) Any physician, anesthesiologist assistant, or certified registered nurse anesthetist68
administering, directing, or supervising psychedelic-assisted treatment and therapy in a69
clinic shall be subject to the rules and regulations established by the board pursuant to this70
Code section. The board may establish minimum standards of continuing medical71
education for all physicians owning a clinic. All other licensed healthcare professionals72
practicing in a clinic may be subject to minimum standards of continuing education73
established by the respective licensing board for such healthcare professional.74
(d)(1) On and after July 1, 2026, all clinics shall be licensed by the board and shall75
biennially renew their license with the board. In the event that physicians in a clinic76
practice at more than one location, each such location shall be licensed by the board, and77
such license shall be nontransferable.78
(2) Upon the filing of an application for a license, the board may cause a thorough79
investigation of the applicant to be made and such investigation may include a criminal80
background check; provided, however, that the board shall cause a thorough investigation81
of a new applicant to be made, and such investigation shall include a background check. 82
If satisfied that the applicant possesses the necessary qualifications, the board shall issue83
a license. However, the board may issue licenses with varying restrictions to such84
persons where the board deems it necessary for the purpose of safeguarding the public85
health, safety, and welfare.86
(3) Whenever an applicable rule requires or prohibits action by a clinic, responsibility87
shall be that of the owner and the physicians practicing in such clinic, whether the owner88
is a sole proprietor, partnership, association, corporation, or otherwise.89
(4) The board shall deny or refuse to renew a clinic license if it determines that the90
granting or renewing of such license would not be in the public interest.91
(5) A clinic shall be owned by physicians licensed in this state who meet the competency92
requirements for psychedelic-assisted treatment and therapy established by the board and93
who maintain advanced airway management training.94
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(6) All licenses shall expire biennially unless renewed. All applications for renewal of95
a license shall be filed with the board prior to the expiration date, accompanied by the96
biennial renewal fee prescribed by the board. A license which has expired for failure of97
the holder to renew may be late renewed after application and payment of the prescribed98
late renewal fee within the time period established by the board and provided the99
applicant meets such requirements as the board may establish by rule. Any license which100
has not been renewed by the end of the late renewal period shall be considered revoked101
and subject to reinstatement at the discretion of the board after meeting such requirements102
as the board may establish.103
(e) Administration of psychedelic-assisted treatment and therapy in a clinic shall only be104
performed by:105
(1) A physician licensed in this state with advanced airway management training;106
(2) A certified registered nurse anesthetist licensed in this state under the direction and107
responsibility of a duly licensed physician; or108
(3) An anesthesiologist assistant licensed in this state under the direct supervision of a109
duly licensed physician.110
(f) A review of the prescription drug monitoring program database established pursuant111
to Code Section 16-13-57 shall be completed for each patient and documented in the112
patient's medical record prior to the administration of any psychedelic-assisted treatment113
and therapy and all administration of any psychedelic-assisted treatment and therapy shall114
be reported to the prescription drug monitoring program by the clinic.115
(g) Except as otherwise provided in subsection (e) of this Code section, any person who116
administers psychedelic-assisted treatment and therapy in this state without a license to117
practice medicine from the board shall be deemed to be engaged in the unlawful practice118
of medicine and subject to the provisions of Code Sections 43-34-39 and 43-34-42.119
(h) Nothing in this Code section shall be construed to permit the use of drugs or substances120
not approved by the federal Food and Drug Administration.121
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(i) Nothing in this Code section shall be construed to apply to the use of122
psychedelic-assisted treatment and therapy in a clinical facility affiliated with a hospital or123
in a clinical trial approved by the federal Food and Drug Administration."124
SECTION 3.125
All laws and parts of laws in conflict with this Act are repealed.126
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