Georgia Reference

GEORGIA ADMINISTRATIVE RULES

Chapter 490-1

ORGANIZATION OF BOARD

Rule 490-1-.01 Organization of Board

The Board of Physical Therapy is composed of eight members who are appointed by the Governor. Members of the public may obtain information from the Board and make submissions or requests to the Board by contacting the Joint Secretary of the Professional Licensing Boards Division, 237 Coliseum Dr., Macon, GA 31217.

Cite as Ga. Comp. R. & Regs. R. 490-1-.01
Authority: O.C.G.A. Secs. 43-1-2, 43-1-3, 43-1-19, 43-1-24, 43-1-25, 43-33-5, 50-18-70.
History. Original Rule entitled "Organization of Board" adopted. F. and eff. June 30, 1965.
Repealed: New Rule of same title adopted. F. Apr. 20, 1973; eff. May 10, 1973.
Repealed: New Rule of same title adopted. F. Jan. 18, 1984; eff. Feb. 7, 1984.
Repealed: New Rule of same title adopted. F. Aug. 20, 2004; eff. Sept. 9, 2004.

Rule 490-1-.02 Officers

The Board shall elect annually from its members a president and vice president, who shall have the privilege of re-election. Elections shall be held at the regular December meeting, with officers to preside at the following meeting, unless otherwise determined by the Board.
The president shall call and preside at all meetings, except that four members may call a meeting, providing all members are adequately notified.
The vice president shall call and preside at all meetings in the absence of the president.

Cite as Ga. Comp. R. & Regs. R. 490-1-.02
Authority: O.C.G.A. Sec. 43-1-2.
History. Original Rule entitled "Officers" adopted. F. and eff. June 30, 1965.
Repealed: New Rule of same title adopted. F. Apr. 20, 1973; eff. May 10, 1973.
Amended: F. Jan. 18, 1984; eff. Feb. 7, 1984.
Amended: F. Jan. 28, 1994; eff. Feb. 17, 1994.

Rule 490-1-.03 Joint Secretary, Records, Fees

The Joint Secretary shall keep accurate minutes of all meetings and submit a report at each meeting; be custodian of all records; carry on the official correspondence of the Board; and collect and disburse all fees.

Cite as Ga. Comp. R. & Regs. R. 490-1-.03
Authority: Ga. L. 1972, pp. 388-396.
History. Original Rule entitled "Joint Secretary, Records, Fees" adopted. F. and eff. June 30, 1965.
Repealed: New Rule of same title adopted. F. Apr. 20, 1973; eff. May 10, 1973.

Rule 490-1-.04 Repealed

Cite as Ga. Comp. R. & Regs. R. 490-1-.04
Authority: O.C.G.A. Secs. 43-1-2, 43-1-19, 43-1-24, 43-1-25, 43-33-7.
History. Original Rule entitled "Meetings" adopted. F. and eff. June 30, 1965.
Repealed: New Rule of same title adopted. F. Apr. 20, 1973; eff. May 10, 1973.
Amended: F. Jan. 18, 1984; eff. Feb. 7, 1984.
Amended: F. May 26, 1993; eff. June 15, 1993.
Repealed: F. Aug. 19, 2004; eff. Sept. 8, 2004.

Chapter 490-2

LICENSURE REQUIREMENTS

Rule 490-2-.01 Application For Licensure And Examination

A completed application for examination must be submitted and approved prior to taking the examination.
Any physical therapist or physical therapist assistant who plans to practice as a physical therapist or physical therapist assistant in the State of Georgia must be licensed by the Board or hold a Georgia Compact Privilege issued by the Physical Therapy Compact Commission prior to beginning said practice.
All applications for licensure must be complete within the timeframe indicated in the Joint Secretary Rules and/or policies. All applications not completed within this designated timeframe shall be considered expired and withdrawn. Following expiration of an application, a new application in its entirety, to include all required fees, shall be required for consideration of licensure.
All applicants for licensure and examination are also subject to the provisions of O.C.G.A. §§ 43-1-19 and 43-33-18.

Cite as Ga. Comp. R. & Regs. R. 490-2-.01
Authority: O.C.G.A. §§ 43-1-25; 43-33-10(11), (12); 43-33-14; and 43-33-31.
History. Original Rule entitled "Application for Registration and Examination" adopted. F. and eff. June 30, 1965.
Repealed: New Rule of same title adopted. F. May 1, 1973; eff. May 21, 1973.
Repealed: New Rule entitled "Application for Licensure and Examination" adopted. F. June 6, 1983; eff. June 26, 1983.
Repealed: New Rule of same title adopted. F. Mar. 22, 1989; eff. Apr. 11, 1989.
Amended: F. July 17, 1989; eff. Aug. 6, 1989.
Amended: F. May 26, 1993; eff. June 15, 1993.
Amended: F. Jan. 24, 1995; eff. Feb. 13, 1995.
Repealed: New Rule of same title adopted. F. Aug. 20, 2004; eff. Sept. 9, 2004.
Amended: F. Sep. 14, 2020; eff. Oct. 4, 2020.
Amended: F. Dec 9, 2022; eff. Dec 29, 2022.

Rule 490-2-.02 Licensure: Examination

All physical therapists and physical therapist assistants are required to submit a completed application, the appropriate fee, and pass an examination for licensure to practice the profession in Georgia except as provided for in O.C.G.A. Sec. 43-33-15. The Board may at its discretion grant a license to an applicant who has previously taken and completed, within the requirements as set by the Board, the examination required.
1. All applicants who are graduates of Commission on Accreditation in Physical Therapy Education (CAPTE) accredited schools and are applying for licensure must submit:
  1. passing scores from the national licensing examination; and
  2. passing scores from examination on the laws governing the practice of physical therapy in Georgia and the rules of the Georgia State Board of Physical Therapy; and
  3. official proof of graduation directly from the institution granting the entry level degree in physical therapy or physical therapist assistant indicating the date of graduation.
2. All applicants who graduated from a non-CAPTE accredited school shall provide all of the above information. Additionally, the applicant shall meet the requirements of Board Rule 490-2 -.03.
3. Verification of licensure in all states in which the licensure candidate holds a license or has ever held a license may be conducted by board staff.

Cite as Ga. Comp. R. & Regs. R. 490-2-.02
Authority: O.C.G.A. Secs. 43-1-1, 43-1-3, 43-1-19, 43-1-24, 43-1-25, 43-33-10 to 43-33-14, 43-33-17, 43-33-18.
History. Original Rule entitled "Registration Examination" adopted. F. and eff. June 30, 1965.
Repealed: New Rule of same title adopted. F. May 1, 1973; eff. May 21, 1973.
Repealed: New Rule of same title adopted. F. Apr. 7, 1981; eff. Apr. 27, 1981.
Repealed: New Rule entitled "Licensure Examination" adopted. F. June 6, 1983; eff. June 26, 1983.
Amended: F. Jan. 18, 1984; eff. Feb. 7, 1984.
Amended: F. Feb. 4, 1985; eff. Feb. 24, 1985.
Amended: F. Feb. 28, 1986; eff. Mar. 20, 1986.
Amended: F. July 22, 1986; eff. Aug. 11, 1986.
Amended: F. Dec. 8, 1988; eff. Dec. 28, 1988.
Amended: F. Mar. 22, 1989; eff. Apr. 11, 1989.
Amended: F. May 13, 1991; eff. June 1, 1991.
Amended: F. July 1, 1993; eff. July 21, 1993.
Amended: F. Nov. 22, 1996; eff. Dec. 12, 1996.
Repealed: New Rule of same title adopted. F. Jan. 19, 2005; eff. Feb. 8, 2005.
Repealed: New Rule of the same title adopted. F. May 12, 2010; eff. June 1, 2010.
Amended: F. May 30, 2018; eff. June 19, 2018.

Rule 490-2-.03 Licensure: Foreign-Educated Applicants

All applicants who are graduates of educational programs conducted in a foreign country that are not accredited by CAPTE and approved by the Board must submit credentials prescribed by the Board in order to be considered for approval to take the licensing examination.
1. Transcripts must be evaluated by a credential evaluation agency approved by the Board to determine if the professional instruction is substantially equivalent to that of entry-level United States-educated therapists. The credentialing evaluation agency shall evaluate the transcripts and professional instruction using the most recent Coursework Tool (CWT) adopted by the Federation of State Boards of Physical Therapy and send its evaluation and a copy of the official transcript directly to the Board. A list of credentialing agencies approved by the Board shall be included in each application packet.
2. Proof of licensure/certification/registration, that is current and in good standing, to practice physical therapy, or proof of appropriate eligibility to practice physical therapy, in the country of education must be submitted.
3. Verification of licensure/certification/registration in all jurisdictions in which the candidate holds or has ever held a license/certification/registration must be submitted.
4. Applicants educated in a non-English speaking physical therapy program must take and receive a passing score of 89 on the IBT TOEFL to include: a passing score of 22 on the writing section, a passing score of 22 on the reading section, a passing score of 21 on the listening section and a passing score of 24 on the speaking section before being allowed to sit for the licensure examination. Official score results must be submitted to the Board.
5. Applicants educated in an English speaking physical therapy program must have a school official submit an official letter to the Board attesting that the physical therapy curriculum was taught in English.
6. Once a completed application is on file and prior to initiation of a traineeship, all foreign educated applicants must take and pass the NPTE and the examination on the laws governing the practice of physical therapy in Georgia and the rules of the Georgia State Board of Physical Therapy.
7. All foreign-educated applicants must complete a Board-approved traineeship consisting of a minimum of 480 hours, which must be completed within three (3) months of the issuance of the traineeship permit. This requirement may be waived at the discretion of the Board if the applicant has demonstrated clinical competency with a minimum of 5 years of continuous active practice and license in good standing.
Applicants educated in a foreign physical therapy program that is accredited by CAPTE and approved by the Board, do not have to submit a credentials evaluation but they must meet the conditions of Board Rule 490-2-.02.

Cite as Ga. Comp. R. & Regs. R. 490-2-.03
Authority: O.C.G.A. §§ 43-1-25; 43-33-10(1),(2),(3),(10),(11); 43-33-12(1); 43-33-13(1); and 43-33-14.
History. Original Rule entitled "Board Action Upon Application for Registration" adopted. F. and eff. June 30, 1965.
Repealed: New Rule of same title adopted. F. May 1, 1973; eff. May 21, 1973.
Repealed: New Rule entitled "Licensure: Foreign-Educated Applicants" adopted. F. Jan. 19, 2005; eff. Feb. 8, 2005.
Repealed: New Rule of the same title adopted. F. May 12, 2010; eff. June 1, 2010.
Amended: F. May 23, 2013; eff. Jun. 12, 2013.
Amended: F. Aug. 26, 2015; eff. Sep. 15, 2015.
Amended: F. Sep. 14, 2020; eff. Oct. 4, 2020.

Rule 490-2-.04 Training Permits

A training permit may be issued pursuant to O.C.G.A. 43-33-10 and 43-33-17 of the Georgia Physical Therapy Act to a qualified applicant following Board-approval of a properly submitted application.

Qualified applicants are:
1. Graduates of entry-level programs for physical therapists or physical therapist assistants from either a CAPTE or a non-CAPTE-accredited school who have taken and passed the national licensing examination and an examination on the laws and rules governing the practice of physical therapy in Georgia; or
2. Applicants for reinstatement, who have not practiced for two (2) and up to five (5) years; or
3. Applicants for reinstatement who have not practiced for more than five (5) years and who have successfully taken and passed the national licensing examination and an examination on the laws and rules governing the practice of physical therapy in Georgia; or
4. Applicants for endorsement, who have not practiced for two (2) and up to five (5) years; or
5. Applicants for endorsement who have not practiced for more than five (5) years and who have successfully taken and passed the national licensing examination and an examination on the laws and rules governing the practice of physical therapy in Georgia.
Initial Applications and Reinstatement Applications.
1. A notarized training permit application form must be submitted by the trainee's Primary supervisor specifying:
  1. The name and license number of the trainee supervisor who will be responsible for the conduct of the traineeship as defined under section (e) of this rule; and
  2. The name, address, phone, fax number and e-mail address of all sites where the trainee and supervisors may be working during the course of the traineeship; and
  3. The effective dates of the traineeship; and
  4. Acceptance of responsibility for trainee supervision and completion of the performance evaluation; and
  5. Termination of the traineeship as defined herein; and
  6. Type of facility.
Renewal.
1. A training permit may be renewed one time, for no more than six (6) months, upon written request and with approval of the Board, and only for one good and exceptional reason as determined by the Board. Failure to pass the licensing examination is not considered a good and exceptional reason. For purposes of this rule, good and exceptional reasons include but are not limited to:
  1. Death of an immediate family member; or
  2. Illness or incapacitation of the applicant or immediate family member (a physician’s statement is required); or
  3. Jury duty (proof required).
Validity of Permit.
1. Training permits are subject to the following conditions:
  1. Able to be initiated in the State of Georgia within three months of issuance of such permit.
  2. Must be returned to the Board by the trainee with a brief explanation of why it was not used.
  3. A 480 hour traineeship must be completed within three (3) months of initiation. A 1000 hour traineeship must be completed in no less than 6 months or no more than 1 year if approved by the Board;
  4. A training permit shall become invalid and must be immediately returned to the Board office by the trainee if:
    1. The trainee fails to complete the traineeship within the above prescribed time frames; or
    2. If the trainee does not exhibit performance satisfactory to the Primary supervisor.
Supervision.
1. The Primary supervisor or alternate supervisor named on the training permit application holds full responsibility under their license for direct, continuous, on-site supervision of the trainee at all times. The supervisor must assure that the trainee does not perform any patient care activities in his/her absence.
2. If for some reason the primary supervisor cannot fulfill their duties as supervisor, a new application requesting a new supervisor must be approved by the Board. The trainee may not participate in direct patient care until a new supervisor is approved by the Board. The new supervisor will assure compliance with all terms and obligations outlined in this rule.
3. The supervisor and alternate supervisor must hold a Georgia license in good standing under O.C.G.A. Title 43, Chapter 33, and have practiced full time for not less than one continuous year.
4. The supervisor must regularly evaluate trainee performance in all areas as specified by the Board to include cosigning any documentation provided by the trainee. At the end of the traineeship period, the supervisor must submit a performance evaluation on the board approved traineeship performance evaluation reporting form.
5. The Primary supervisor must notify the Board of unsatisfactory performance at which time the training permit becomes null and void.
6. The supervising therapist will supervise no more than two (2) trainees at one time.
7. The supervisor must notify the Board within ten (10) business days when the trainee satisfactorily completes the traineeship.

Cite as Ga. Comp. R. & Regs. R. 490-2-.04
History. Original Rule entitled "Temporary Registration" adopted. F. and eff. June 30, 1965.
Repealed: F. Mar. 8, 1971; eff. Mar. 28, 1971.
Amended: New Rule entitled "Temporary Registration" adopted. F. May 1, 1973; eff. May 21, 1973.
Repealed: New Rule of same title adopted. F. May 31, 1974; eff. June 20, 1974.
Repealed: New Rule of same title adopted. F. Nov. 27, 1984; eff. Dec. 17, 1984.
Repealed: New Rule entitled "Temporary License" adopted. F. Feb. 28, 1986; eff. Mar. 20, 1986.
Amended: F. Jan. 28, 1987; eff. Feb. 17, 1987.
Amended: F. Dec. 30, 1987; eff. Jan. 19, 1988.
Repealed: New Rule entitled "Training Permits" adopted. F. May 26, 1993; eff. June 15, 1993.
Repealed: New Rule of same title adopted. F. Nov. 22, 1996; eff. Dec. 12, 1996.
Repealed: New Rule of same title adopted. F. June 19, 1998; eff. July 9, 1998.
Repealed: New Rule of same title adopted. F. May 26, 2005; eff. June 15, 2005.
Repealed: New Rule of the same title adopted. F. Sept. 24, 2010; eff. Oct. 14, 2010.
Repealed: New Rule of the same title adopted. F. May 25, 2012; eff. Jun. 14, 2012.
Amended: F. Aug. 28, 2019; eff. Sept. 17, 2019.

Rule 490-2-.05 Repealed

Cite as Ga. Comp. R. & Regs. R. 490-2-.05
Authority: O.C.G.A. Secs. 43-1-3, 43-33-10, 43-33-14, 50-13-4.
History. Original Rule entitled "Time of Examinations" adopted. F. and eff. June 30, 1965.
Repealed: New Rule of same title adopted. F. May 1, 1973; eff. May 21, 1973.
Repealed: New Rule of same title adopted. F. May 31, 1974; eff. June 20, 1974.
Repealed: New Rule of same title adopted. F. Nov. 27, 1984; eff. Dec. 17, 1974.
Amended: F. Jan. 24, 1995; eff. Feb. 13, 1995.
Repealed: F. Aug. 20, 2004; eff. Sept. 9, 2004.

Rule 490-2-.06 Fees

Fees are maintained by schedule and may be reviewed and changed at the discretion of the Board. Returned checks will be dealt with in accordance with Code Section 16-9-20 of the Criminal Code of Georgia. All fees shall be submitted with the application, request for other services or upon notification by the Board.

Cite as Ga. Comp. R. & Regs. R. 490-2-.06
Authority: O.C.G.A. Secs. 16-9-20, 43-1-7, 43-1-9, 43-1-24, 43-1-25, 43-33-10.
History. Original Rule entitled "Written Examinations, Time of, Place, Notice" adopted. F. and eff. June 30, 1965.
Repealed: New Rule entitled "Fees" adopted. F. May 1, 1973; eff. May 21, 1973.
Amended: F. Oct. 17, 1975; eff. Nov. 6, 1975.
Repealed: New Rule of same title adopted. F. Mar. 19, 1982; eff. Apr. 8, 1982.
Repealed: New Rule of same title adopted. F. Nov. 27, 1984; eff. Dec. 17, 1984.
Repealed: F. Aug. 20, 2004; eff. Sept. 9, 2004.

Rule 490-2-.07 Repealed

Cite as Ga. Comp. R. & Regs. R. 490-2-.07
Authority: O.C.G.A. Sec. 50-13-4.
History. Original Rule entitled "Examination Fee" adopted. F. and eff. June 30, 1965.
Repealed: New Rule of same title adopted. F. Mar. 8, 1971; eff. Mar. 28, 1971.
Repealed: New Rule entitled "Examination Proctors" adopted. F. May 1, 1973; eff. May 21, 1973.
Repealed: F. Aug. 19, 2004; eff. Sept. 8, 2004.

Rule 490-2-.08 Practical and Oral Examinations

In addition to the national physical therapy examination, the Board has the right to require a practical and/or oral examination in cases where the Board deems it necessary to establish the qualifications of an individual.

Cite as Ga. Comp. R. & Regs. R. 490-2-.08
Authority: O.C.G.A. Secs. 43-1-19, 43-1-24, 43-1-25, 43-33-10, 43-33-12 to 43-33-15, 43-33-18.
History. Original Rule entitled "Examination of Foreign Trained Therapists" adopted. F. and eff. June 30, 1965.
Repealed: New Rule entitled "Practical and Oral Examinations" adopted. F. May 1, 1973; eff. May 21, 1973.
Repealed: New Rule of same title adopted. F. Oct. 21, 2004; eff. Nov. 10, 2004.

Rule 490-2-.09 Licensure: Reciprocity

The Board may, in its discretion register a physical therapist or physical therapist assistant without an examination as set forth in Official Code of Georgia Annotated Section 43-33-15 upon payment of applicable fees. (Refer to fee schedule)
Any applicant applying for licensure pursuant to O.C.G.A. 43-33-15 and who is a graduate of a physical therapy or physical therapist assistant program accredited by the Commission on Accreditation of Physical Therapy Education (CAPTE) and approved by the Board, must provide:
1. Verification of an active license in good standing from another state board; and,
2. A verification of licensure in good standing from the state board of all states in which the applicant has held a license to actively practice, and,
3. Verification of active practice in the two years immediately preceding the date of application or proof of completion of 26 hours of acceptable continuing education coursework pursuant to the requirements in Board Rule 490-4-.02(1)(2)(4)(7) and (8) and,
4. Official transcript from the institution granting the entry level degree in physical therapy or physical therapist assistant indicating the date of graduation; and
5. Passing scores from the national licensing examination; and,
6. Passing scores from the Georgia Ethics and Jurisprudence Examination.
Any applicant applying for licensure pursuant to O.C.G.A. 43-33-15 who is a graduate of a physical therapy or physical therapist assistant program not accredited by the Commission on Accreditation of Physical Therapy Education (CAPTE) or approved by the Board, must provide:
1. Verification of an active license in good standing from another state board; and
2. A verification of licensure in good standing from the state board of all states in which the applicant has held a license to actively practice; and,
3. Verification of active practice in the two years immediately preceding the date of this application; and
4. Official evaluation and transcript from a credential evaluation organization approved by the State of Georgia which shall meet the standards of the Federation of State Boards of Physical Therapy Coursework Tool (CWT) that was in effect at the time the applicant graduated from their physical therapy or physical therapist assistant educational program; and
5. Passing scores from the national licensing examination; and,
6. Passing scores from the examination on the laws governing the practice of physical therapy in Georgia and the rules of the Georgia State Board of Physical Therapy.
Proof of graduation from an accredited physical therapy or physical therapist assistant program or credential evaluations deemed substantially equivalent to the professional degree, and satisfactory completion of the licensing examination shall be deemed to be prima facie evidence of compliance with Code Section 43-33-15. The Board, however, may request further verification of any credential submitted if deemed necessary to evaluate the application.

Cite as Ga. Comp. R. & Regs. R. 490-2-.09
Authority: O.C.G.A. §§ 43-1-25; 43-33-2; 43-33-10(2); and 43-33-15.
History. Original Rule entitled "Examination Proctors" adopted. F. and eff. June 30, 1965.
Repealed: F. May 1, 1973; eff. May 21, 1973.
Amended: New Rule entitled "Licensure: Endorsement" adopted. F. June 27, 1995; eff. July 17, 1995.
Amended: New title "Licensure: Endorsement/Reciprocity." F. Apr.13, 2017; eff. May 3, 2017.
Amended: F. May 30, 2018; eff. June 19, 2018.
Amended: New title "License: Reciprocity." F. Sep. 14, 2020; eff. Oct. 4, 2020.

Rule 490-2-.10 Licensure: Reciprocity for Military Spouses and Transitioning Service Members

The Board may, in its discretion register a physical therapist or physical therapist assistant without an examination as set forth in Official Code of Georgia Annotated Section 43-33-15 upon receipt of a complete application and payment of applicable fees. (Refer to fee schedule)
A military spouse or transitioning service member, as defined in O.C.G.A. § 43-1-34, is deemed eligible to apply for licensure pursuant to O.C.G.A. 43-33-15 if the applicant is a holder of a valid physical therapy or physical therapist assistant license in another State for which the training, experience and testing substantially meet or exceed the requirements under this state to obtain a license; and,
The military spouse or transitioning service member must be a graduate of a physical therapy or physical therapist assistant program accredited by the Commission on Accreditation of Physical Therapy Education (CAPTE) approved by the Board, and must provide:
1. Verification of an active license in good standing from another state board; and,
2. Within six (6) months of the issuance of a license, submit a verification of licensure in good standing from the state board of all states in which the applicant has held a license to actively practice; and,
3. Verification of active continued competence in physical therapy in the two years immediately preceding the date of this application which may include a verification of employment or 26 hours of acceptable continuing education coursework pursuant to the requirements in Board Rule 490-4-.02(1)(2)(4)(7) and (8); and,
4. Official transcript from the institution granting the entrly level degree in physical therapy or physical therapist assistant indicating the date of graduation; and,
5. Passing scores from the national licensing examination; and,
6. Passing scores from the examination on the laws governing the practice of physical therapy in Georgia and the rules of the Georgia State Board of Physical Therapy.
Any military spouse or transitioning service member applying for licensure pursuant to O.C.G.A. 43-33-15 who is a graduate of a physical therapy or physical therapist assistant program not accredited by the Commission on Accreditation of Physical Therapy (CAPTE) or approved by the Board, must provide:
1. Verification of an active license in good standing from another state; and,
2. Within six (6) months of the issuance of a license, submit verification of licensure in good standing from the state board of all states in which the applicant has actively practiced in the two years immediately preceding the date of this application; and,
3. Verification of active continued competence in physical therapy in the two years immediately preceding the date of this application which may include a verification of employment or 26 hours of acceptable continuing education coursework pursuant to the requirements in Board Rule 490-4-.02(1)(2)(4)(7) and (8); and,
4. Official evaluation and transcript from a credential evaluation organization approved by the State or Georgia; and,
5. Passing scores from the national licensing examination; and,
6. Passing scores from the examination on the laws governing the practice of physical therapy in Georgia and the rules of the Georgia State Board of Physical Therapy.
Proof of graduation from an accredited physical therapy or physical therapist assistant program or credential evaluations deemed substantially equivalent to the professional degree, and satisfactory completion of the licensing examination shall be deemed to be prima facie evidence of compliance with Code Section 43-33-15. The Board, however, may request further verification of any credential submitted if deemed necessary to evaluate the application.

Cite as Ga. Comp. R. & Regs. R. 490-2-.10
Authority: O.C.G.A. §§ 43-1-25; 43-1-34(b); 43-33-2; 43-33-10(1),(2),(3),(11); 43-33-14; and 43-33-15.
History. Original Rule entitled "Practical and Oral Examinations" adopted. F. and eff.June 30, 1965.
Repealed: F. May 1, 1973; eff. May 21, 1973.
Adopted: New Rule entitled "Licensure: Endorsement/Reciprocity for Military Spouses and Transitioning Service Members." F. Oct.13, 2017; eff. Nov. 2, 2017.
Amended: F. Sep. 14, 2020; eff. Oct. 4, 2020.

Chapter 490-3

EVALUATION OF EXAMINATIONS: APPLICANTS

Rule 490-3-.01 Evaluation of Examinations. Amended

The passing level for the physical therapist and the physical therapist assistant licensing examinations shall be determined by the Board. Scoring for the NPTE ranges from 200 - 800. The minimum passing score is 600 for both PT and PTA. Prior to 1996 Georgia's standard was 1.5 times the standard deviation below the national mean.

Cite as Ga. Comp. R. & Regs. R. 490-3-.01
Authority: O.C.G.A. Secs. 43-1-25, 43-33-10, 43-33-12, 43-33-13, 43-33-14.
History. Original Rule entitled "Evaluation of Examinations" adopted. F. and eff. June 30, 1965.
Repealed: New Rule of same title adopted. F. Apr. 20, 1973; eff. May 10, 1973.
Amended: F. Jan. 18, 1984; eff. Feb. 7, 1984.
Amended: F. May 27, 1987; eff. June 16, 1987.
Amended: F. Mar. 22, 1989; eff. Apr. 11, 1989.
Repealed: New Rule of same title adopted. F. May 13, 1991; eff. June 2, 1991.
Amended: F. Apr. 18, 2016; eff. May 8, 2016.

Rule 490-3-.02 Re-examination

An applicant who fails the national examination on the first attempt, may retake the examination up to the maximum lifetime limit in accordance with the eligibility criteria established by the exam administrator approved by the Board.
An applicant who fails the examination will receive a notification from the Board to include:
1. An acknowledgement of receipt of the examination scores with a request that the applicant complete a comprehensive review of their individual Score Report that is provided to them by the exam administrator.
2. Information on practical considerations to assist and promote learning proficiency, to assist applicants with preparing to retake the examination.
An applicant may submit an appeal form to the Board for one (1) additional attempt to retake and pass the national exam if the applicant has been notified by the exam administrator or the Board that the applicant is ineligible to register to retake the national examination.
The Board in its discretion may require the applicant to complete a board approved traineeship upon passing the examination and prior to the issuance of a license if the applicant has not successfully passed the NPTE within two (2) years of the initial test date.

Cite as Ga. Comp. R. & Regs. R. 490-3-.02
Authority: O.C.G.A. Secs. 43-1-2, 43-1-7, 43-1-19, 43-1-24, 43-1-25, 43-33-12 to 43-33-14, 43-33-18.
History. Original Rule entitled "Re-examination" adopted. F. and eff. June 30, 1965.
Repealed: New Rule of same title adopted. F. Mar. 8, 1971; eff. Mar. 28, 1971.
Repealed: New Rule of same title adopted. F. Sept. 15, 1971; eff. Oct. 5, 1971.
Repealed: New Rule of same title adopted. F. Apr. 29, 1973; eff. May 10, 1973.
Amended: F. Oct. 17, 1975; eff. Nov. 6, 1975.
Repealed: New Rule entitled "Re-examinations" adopted. F. Mar. 19, 1982; eff. Apr. 8, 1982.
Repealed: New Rule entitled "Re-examination" adopted. F. Nov. 27, 1984; eff. Dec. 17, 1984.
Repealed: New Rule of same title adopted. F. Mar. 22, 1989; eff. Apr. 11, 1989.
Amended: F. May 13, 1991; eff. June 2, 1991.
Amended: F. Jan. 24, 1995; eff. Feb. 13, 1995.
Repealed: New Rule of same title adopted. F. May 26, 2005; eff. June 15, 2005.
Amended: F. Mar. 25, 2019; eff. Apr. 14, 2019.

Rule 490-3-.03 Hearings

An applicant to whom the Board has refused examination may have a hearing before the Board.

Cite as Ga. Comp. R. & Regs. R. 490-3-.03
Authority: Ga. L. 1972, pp. 338 - 396.
History. Original Rule entitled "Hearings" adopted. F. and eff. June 30, 1965.
Repealed: New Rule of same title adopted. F. Apr. 20, 1973; eff. May 10, 1973.

Rule 490-3-.04 Repealed

Cite as Ga. Comp. R. & Regs. R. 490-3-.04
Authority: O.C.G.A. Sec. 43-33-15.
History. Original Rule entitled "Endorsement" adopted. F. and eff. June 30, 1965.
Repealed: New Rule of same title adopted. F. Apr. 20, 1973; eff. May 10, 1973.
Amended: F. Oct. 17, 1975; eff. Nov. 6, 1975.
Repealed: New Rule of same title adopted. F. Jan. 18, 1984; eff. Feb. 7, 1984.
Repealed: New Rule of same title adopted. F. Nov. 29, 1984; eff. Dec. 19, 1984.
Repealed: New Rule of same title adopted. F. Aug. 25, 1986; eff. Sept. 14, 1986.
Amended: F. Mar. 22, 1989; eff. Apr. 11, 1989.
Repealed: F. June 27, 1995; eff. July 17, 1995.

Chapter 490-4

RENEWAL: CONTINUING COMPETENCE REQUIREMENTS-DISCIPLINARY SANCTIONS

Rule 490-4-.01 Renewal and Reinstatement of License and Penalties

Every licensed physical therapist and physical therapist assistant shall biennially apply to the Board for renewal of his/her license, submit proof of continuing competency requirements and pay a renewal fee by December 31st of odd years. Refer to fee schedule and Rule 490-4-.02.
A license that is not renewed on or before December 31st shall be assessed a late fee. Refer to fee schedule for penalty fee.
A license that is not renewed on or before February 1st of the year following the renewal year shall lapse and be of no force and effect and shall by operation of the law be revoked.
A physical therapist or physical therapist assistant that has been previously licensed in this State who has allowed his/her license to become revoked due to failure to renew, shall be required to submit an application for reinstatement, pay appropriate fee (refer to fee schedule), and shall also be required to meet requirements as provided below:
1. An applicant who is able to document that he/she has practiced as a physical therapist or physical therapist assistant within 2 years shall be required to submit proof of continuing competence requirements as established by the Board;
2. An applicant who is unable to document that he/she has practiced as a physical therapist or physical therapist assistant within 2 years but is able to document such practice within 5 years shall be required to submit proof of continuing competence (Refer to 490-4-.02), and shall be required to work under the supervision of a physical therapist licensed in this state for 480 hours of continuous supervised practice to be completed within 3 months with specific stipulations as deemed necessary by the Board, and shall be required to take and pass the examination on the laws governing the practice of physical therapy in Georgia and the rules of the Georgia State Board of Physical Therapy; or
3. An applicant who is unable to document that he/she has practiced as a physical therapist or physical therapist assistant within 5 years shall be required to work under the supervision of a physical therapist licensed in this state for 1,000 hours of continuous supervised practice to be completed in no less than 6 months or no more than 1 year if approved by the Board with specific stipulations as deemed necessary by the Board and shall be required to take and pass the following examinations: the licensing examination, and the examination on the laws governing the practice of physical therapy in Georgia and the rules of the Georgia State Board of Physical Therapy.
Applicants subject to Rule 490-4-.01(4)(a) may at the discretion of the Board be exempted from continuing competence requirements if such person holds a current license in good standing in another state or if such person is currently employed as a physical therapist or physical therapist assistant by the United States Government if such person provides physical therapy services under the direction or control of the employing organization.

Cite as Ga. Comp. R. & Regs. R. 490-4-.01
Authority: O.C.G.A. Secs. 43-1-4, 43-1-7, 43-1-10, 43-1-19, 43-1-24 43-1-25, 43-1-31, 43-33-10, 43-33-14, 43-33-16, 43-33-17, 43-33-18.
History. Original Rule entitled "Renewal of Registration and Penalties" adopted. F. and eff. June 30, 1965.
Repealed: New Rule of same title adopted. F. Apr. 20, 1973; eff. May 10, 1973.
Amended: F. Oct. 17, 1975; eff. Nov. 6, 1975.
Repealed: New Rule of same title adopted. F. Nov. 27, 1984; eff. Dec. 17, 1984.
Amended: F. July 19, 1985; eff. Aug. 8, 1985.
Amended: F. Nov. 25, 1985; eff. Dec. 15, 1985.
Repealed: New Rule entitled "Renewal of License and Penalties" adopted. F. Aug. 25, 1986; eff. Sept. 14, 1986.
Repealed: New Rule of same title adopted. F. Jan. 28, 1987; eff. Feb. 17, 1987.
Amended: F. Mar. 14, 1988; eff. Apr. 3, 1988.
Amended: F. July 20, 1988; eff. Aug. 9, 1988.
Amended: F. Mar. 22, 1989; eff. Apr. 11, 1989.
Repealed: New Rule of same title adopted. F. Aug. 24, 1989; eff. Sept. 13, 1989.
Repealed: New Rule of same title adopted. F. Jan. 13, 1992; eff. Feb. 2, 1992.
Repealed: New Rule of same title adopted. F. July 22, 1999; eff. Aug. 11, 1999.
Amended: F. Nov. 7, 2003; eff. Nov. 27, 2003.
Repealed: New Rule entitled "Renewal and Reinstatement of License and Penalties" adopted. F. Aug. 17, 2005; eff. Sept. 6, 2005.
Repealed: New Rule entitled "Renewal of License and Penalties" adopted. F. Oct. 31, 2007; eff. Nov. 20, 2007.
Repealed: New Rule entitled "Renewal and Reinstatement of License and Penalties" adopted. F. Sept. 29, 2008; eff. Oct. 19, 2008.
Amended: F. Jan. 28, 2011; eff. Feb. 17, 2011.
Repealed: New Rule of same title adopted. F. May 25, 2012; eff. Jun. 14, 2012.
Amended: F. Dec. 9, 2022; eff. Dec. 29, 2022.

Rule 490-4-.02 Continuing Competence Requirements

The Georgia State Board of Physical Therapy requires each licensed physical therapist and physical therapist assistant to participate in thirty (30) clock hours of experience per licensure period which is not to exceed ten (10) credit hours per calendar day. The purpose of this requirement is to assist in assuring safe and effective practices in the provision of physical therapy services to the citizens of Georgia.
1. The Board recommends the requirements for competence as planned learning experiences which have content beyond the licensee's present level of knowledge and competence which may be subject to audit by the board.
2. Content of the experience must relate to patient care in physical therapy whether the subject is research, treatment, documentation, education, management, or some other content area.
3. In the event that a licensee does not meet the continuing competence requirement, the license will not be renewed.
Effective July 1, 2018, thirty (30) hours of continuing competence per biennium shall include a minimum of four (4) contact hours specifically in Georgia Ethics and Jurisprudence as defined in the Georgia Physical Therapy Act or by passage of the Georgia Ethics and Jurisprudence Examination.
1. A Georgia Ethics and Jurisprudence course must be obtained from a Georgia college or university with an accredited physical therapy education program or a provider which holds a current Physical Therapy Association of Georgia (PTAG) Approval Certificate for the course.
2. Passage of the Georgia Ethics and Jurisprudence Examination is equivalent to the four (4) hour continuing competence requirement for Georgia Ethics and Jurisprudence provided that the same test result has not been previously submitted to the Board as part of an application for licensure or to satisfy the requirements of an order of the Board.
The following programs may be considered for approval, but are not limited to:
1. Programs approved by the American Physical Therapy Association and its affiliate components; or
2. Programs approved by the Physical Therapy Association of Georgia or any other state chapters; or
3. Programs approved by the Federation of State Boards of Physical Therapy (Procert); or
4. Programs provided at CAPTE-Accredited colleges and universities with programs in physical therapy when the continuing competency course is held under the auspices of the school of physical therapy; or
5. Programs offered by similar professional organizations offering experiences that meet the guidelines set forth in paragraph one.
6. Fifteen (15) hours for undergoing a peer review; or
7. Ten (10) hours for conducting a peer review when that activity is an adjunct responsibility and not the primary employment; or
8. Participation as a presenter for continuing education courses, workshops, seminars or symposia which have been approved by the approved list above; Continuing competence credit is based on contact hours and may not exceed 10 hours per topic;
9. Authorship of a presented scientific poster, scientific platform presentation or published article; Continuing competence credit is 10 hours per even and may not exceed 20 hours;
10. Teaching a physical therapist or physical therapist assistant credit course when that teaching is an adjunct responsibility and not the primary employment; Continuing competence credit is based on contact hours not to exceed 20 hours;
11. Certification of clinical specialization by the American Board of Physical therapy Specialties. Continuing competence credit is 30 hours and is recognized only in the biennium in which certification or recertification is awarded.
12. Self – instruction from reading professional literature; Continuing competence credit is limited to a maximum of three (3) hours; or
13. Attendance at a scientific poster session, lecture, panel, symposium or university course Continuing competence credit is one hour per contact hour of activity; or
14. Acting as a clinical education instructor for an accredited physical therapist or physical therapist assistant educational program; Continuing competence credit is one (1) hour per eight (8) contact hours with a maximum credit of 10 hours; or
15. Acting as a clinical instructor or an intern for a formal, nonacademic, advanced clinical internship or as a mentor or a learner for a formal, nonacademic mentorship with a maximum credit of 10 hours.
16. Donating time in the role of a Physical Therapist or Physical Therapist Assistant, within the scope of practice, to a charity event; Continuing competence credit is one (1) hour per eight (8) contact hours, limited to a maximum of five (5) hours;
17. Reference Policy 13
18. Post professional physical therapist educational programs that award academic credit are counted as one (1) university credit hour equaling ten (10) continuing competence hours. For example, a two (2) credit hour course in which a passing grade is achieved would equal twenty (20) continuing competence hours.
Unacceptable activities for continuing competence include, but are not limited to:
1. Orientation and in-service programs;
2. Meetings for purposes of policy decisions;
3. Non-educational meeting at annual association, chapter, or organization meetings;
4. Entertainment or recreational meeting or activities;
5. Committee meetings, holdings of offices, serving as an organization delegate;
6. Visiting exhibits;
7. CPR.
Continuing competence requirements shall apply within the first biennium that a physical therapist/physical therapist assistant is licensed in Georgia. However, licensees who have graduated during the current renewal biennium and who have passed the National Physical Therapy Examination are exempt from the continuing competence requirement during the biennium in which they have graduated and successfully passed the exam.
Beginning the January 1, 2014 through December 31, 2016 biennium and thereafter, persons licensed to practice as a physical therapist or a physical therapy assistant or who shall file an application to practice as such in this state are to maintain a record of completed continuing education courses and experiences by registering with an online recording and reporting system approved by the Board.
1. For the purposes of this requirement, the Georgia State Board of Physical Therapy adopts the utilization of CE Broker.
2. Licensees and applicants shall incur no additional costs from CE Broker for this service.
3. Every licensee or applicant subject to the rules of the Georgia State Board of Physical Therapy shall be deemed to have given such person's consent to the Board and it's representatives to access their continuing competence record retained within the online database for the purposes of auditing and verifying completion of the Board's continuing competency requirements. Such person waives all objections to the admissibility of the record in any proceedings or hearings before the board.
Individuals licensed during the last six (6) months of a biennium renewal period will not be required to meet continuing competence requirements for that biennium.
Individuals who have been reinstated within the last six (6) months of a biennium renewal period may use the continuing competence coursework used for reinstatement, thereby making them exempt from the requirement for that biennium renewal period.
Those licensees selected for audit shall submit documentation of compliance upon receipt of notice. Acceptable documentation shall include:
1. An official program or outline of the course attended or taught or a copy of the publication which clearly shows that the objectives and content were related to patient care in physical therapy and shows the number of contact hours, as appropriate. The information also should clearly identify the licensee's responsibility in teaching or authorship; and
2. A certificate or verification of completion of home study which identifies the sponsoring entity or maintain a copy of the final grade report in the case of a University credit courses, or specialization certificate, or proof of attendance with a copy of the program for the other acceptable activities, or documentation of self-instruction or reading professional literature; or
3. Verification of a peer review of practice with verification of acceptable practice by a recognized entity. An example of a recognized entity is the American Physical Therapy Association Board Policy (See APTA Policy G03-05-15-40).
Responsibilities of the Licensee:
1. To maintain the original continuing competence documents no less than five (5) years from the date the Continuing Education credit was obtained. These records should be maintained in the licensee's personal files for no less than five (5) years.
2. To complete all steps necessary to meet the re-licensure requirements on or before December 31st of the odd numbered years.
3. To provide the Board with information requested during an audit.
4. To keep a current mailing address and email address on file with the Licensing Board Office at all times.

Cite as Ga. Comp. R. & Regs. R. 490-4-.02
Authority: O.C.G.A. §§43-1-24; 43-1-25; 43-33-10 (11); and 43-33-16.
History. Original Rule entitled "Revocation, Refusal to Renew" was filed and effective on June 30, 1965.
Amended: Rule repealed and a new Rule of the same title adopted. Filed April 20, 1973; effective May 10, 1973.
Amended: Rule repealed and a new Rule entitled "Disciplinary Sanctions" adopted. Filed December 15, 1982; effective January 4, 1983.
Amended: Rule repealed and a new Rule of the same title adopted. Filed February 4, 1985; effective February 24, 1985.
Amended: Filed February 28, 1986; effective March 20, 1986.
Amended: Rule renumbered as Rule 490-4-.03 and a new Rule entitled "Continuing Education Requirements" adopted. Filed January 28, 1987; effective February 17, 1987.
Amended: Filed June 26, 1987; effective July 16, 1987.
Repealed: New Rule of same title adopted. F. Mar. 22, 1989; eff. Apr. 11, 1989.
Amended: F. Aug. 24, 1989; eff. Sept. 13, 1989.
Repealed: New Rule of same title adopted. F. Jul. 22, 1999; eff. Aug. 11, 1999.
Amended: F. May 9, 2000; eff. May 29, 2000.
Amended: F. May 19, 2004; eff. June 8, 2004.
Repealed: New Rule of same title adopted. F. June 22, 2007; eff. July 12, 2007.
Repealed: New Rule of the same title adopted. F. May 12, 2010; eff. June 1, 2010.
Amended: F. May 17, 2011; eff. June 6, 2011.
Repealed: New Rule of same title adopted. F. May 25, 2012; eff. Jun. 14, 2012.
Amended: F. May 23, 2013; eff. Jun. 12, 2013.
Amended: F. Jan. 16, 2015; eff. Feb. 5, 2015.
Amended: F. Feb. 14, 2019; eff. Mar. 6, 2019.
Amended: F. Sep. 14, 2020; eff. Oct. 4, 2020.

Rule 490-4-.03 Repealed

Cite as Ga. Comp. R. & Regs. R. 490-4-.03
Authority: O.C.G.A. §§ 43-1-19, 43-1-25, 43-33-10, 43-33-12 43-33-13, 43-33-14, 43-33-16.
History. Original Rule entitled "Disciplinary Sanctions" adopted. F. Jan. 28, 1987; eff. Feb. 17, 1987.
Amended: F. Mar. 22, 1989; eff. Apr. 11, 1989.
Amended: F. Feb. 26, 1990; eff. Mar. 18, 1990.
Amended: F. Dec. 6, 1990; eff. Dec. 26, 1990.
Amended: F. Mar. 28, 1994; eff. Apr. 17, 1994.
Amended: F. Mar. 7, 2002; eff. Mar. 27, 2002.
Repealed: New Rule of same title adopted. F. Mar. 16, 2005; eff. Apr. 5, 2005.
Repealed: Rule reserved. F. Jan. 25, 2007; eff. Feb. 14, 2007.
Adopted: New Rule entitled "Continuing Competency Audit." F. Mar. 5, 2018; eff. Mar. 25, 2018.
Repealed: F. Sep. 14, 2020; eff. Oct. 4, 2020.

Rule 490-4-.04 Inactive License

Any licensee who is no longer practicing as a physical therapist or physical therapist assistant in the State of Georgia may request an Inactive License status by filing an application for inactive status and paying the appropriate fee. Refer to fee schedule.
1. An individual holding inactive status may not practice as a physical therapist or work as a physical therapist assistant within the State of Georgia.
2. Any individual holding inactive status is not subject to the biennial renewal fees or continuing competence requirements.
3. An individual whose license is under any sanction may not transfer to inactive status while sanctions are in effect.
4. Any individual holding inactive status may return to active status by meeting all requirements for reinstatement as outlined herein.
A physical therapist or physical therapist assistant who has been granted an Inactive license may reinstate the license by submitting an application for reinstatement, pay appropriate fee (refer to fee schedule), and shall also be required to meet requirements as provided below:
1. An applicant who is able to document that he/she has practiced as a physical therapist or physical therapist assistant within 2 years shall be required to submit proof of continuing competence requirements as established by the Board;
2. An applicant who is unable to document that he/she has practiced as a physical therapist or physical therapist assistant within 2 years but is able to document such practice within 5 years shall be required to submit proof of continuing competence (Refer to 490-4-.02), and shall be required to work under the supervision of a physical therapist licensed in this state for 480 hours of continuous supervised practice to be completed within three (3) months with specific stipulations as deemed necessary by the Board, and shall be required to take and pass the examination on the laws governing the practice of physical therapy in Georgia and the rules of the Georgia State Board of Physical Therapy; or
3. An applicant who is unable to document that he/she has practiced as a physical therapist or physical therapist assistant within 5 years shall be required to take and pass the next licensing examination prior to being allowed to work under the supervision of a physical therapist licensed in this state for 1,000 hours of continuous supervised practice which is to be completed in no less than 6 months or no more than 1 year if approved by the Board with specific stipulations as deemed necessary by the Board.
Applicants subject to Rule 490-4-.04(b) may in the discretion of the Board be exempted from continuing competence and supervision requirements if such person holds a current license in good standing in another state or if such person is currently employed as a physical therapist or physical therapist assistant by the United States Government if such person provides physical therapy services under the direction or control of the employing organization.

Cite as Ga. Comp. R. & Regs. R. 490-4-.04
Authority: O.C.G.A. Secs. 43-1-25, 43-33-10, 43-33-12, 43-33-13, 43-33-14, 43-33-16.
History. Original Rule entitled "Inactive License" adopted. F. Nov. 7, 2003; eff. Nov. 27, 2003.
Repealed: New Rule of same title adopted. F. Jan. 28, 2011; eff. Feb. 17, 2011.
Repealed: New Rule of same title adopted. F. May, 25, 2012; eff. Jun. 14, 2012.
Amended: F. Apr. 13, 2017; eff. May 3, 2017.

Chapter 490-5

SUPERVISION AND DIRECTION OF PHYSICAL THERAPY ASSISTANT

Rule 490-5-.01 Responsibility of the Licensed Physical Therapist in Supervision and Direction of the Physical Therapist Assistant

A licensed physical therapist shall at all times be responsible for providing adequate supervision of the physical therapists assistant, as defined in Rule 490-5-.02.
The licensed physical therapist shall be present in the same institutional setting, as defined in paragraph (3) of this section, 25 percent of any work week, Monday through Friday, and shall be readily available to the assistant at all other times, including weekend coverage, for advice, assistance and instruction.
“Institutional setting” means any nursing home, acute hospital, convalescent hospital, rehabilitation center, other in-patient facility by any other name and out- patient clinic which would include private office.
The licensed physical therapist in the home health setting responsible for the patient shall supervise the physical therapist assistant working with the patient and shall:
1. perform the initial patient evaluation to establish a physical therapy diagnosis , treatment goals, frequency, duration, and plan of care;
2. meet with the assistant no less than once weekly to review all patients being treated;
3. document all meetings with the assistant and subsequent decisions;
4. be available to the assistant at all times for advice, assistance, and instructions.
A licensed physical therapist shall be designated as the physical therapist assistant's supervisor in the school setting and shall:
1. perform all physical therapy evaluations to develop or amend physical therapy interventions stated on the student's Individual Educational Plan (IEP) for the purpose of assisting with the achievement of educational goals and objectives, including frequency and duration of physical therapy services.
2. make an on-site visit to each student scheduled for direct weekly services from the physical therapist assistant no less than every two (2) months, and no less than once every five (5) months for students who are scheduled with the physical therapist assistant once monthly or less. The on-site visit shall include, but not be limited to, a case review, reassessment of the program and physical therapy services and review of documentation pre pared by the physical therapist assistant.
3. document the on-site visit (including status of cases), program or services status or change and indicate instructions given to the physical therapist assistant.
4. interact with the physical therapist assistant in appropriate ways specific to the goals and objectives stated in the IEP of the student who is scheduled for sessions with the physical therapist assistant.
5. be available to the physical therapist assistant at all times for advice, assistance and instructions.

Cite as Ga. Comp. R. & Regs. R. 490-5-.01
Authority: O.C.G.A. §§ 43-1-24; 43-1-25; 43-33-3(6); and 43-33-10(11).
History. Original Rule entitled "Responsibility of the Licensed Physical Therapist in Supervision and Direction of the Physical Therapy Assistant" was filed on April 7, 1978; effective April 27, 1978.
Amended: Filed November 27, 1984; effective December 17, 1984.
Amended: F. May 26, 1993; eff. Jun. 15, 1993.
Amended: F. Nov. 22, 1996; eff. Dec. 12, 1996.
Amended: F. Feb. 27, 1998; eff. Mar. 19, 1998.
Amended: F. Feb. 25, 2015; eff. Mar. 17, 2015.
Amended: F. Sep. 14, 2020; eff. Oct. 4, 2020.

Rule 490-5-.02 Adequate Supervision Defined

Adequate supervision by a licensed physical therapist shall include the following:

evaluate each patient and interpret the results to determine and document a physical therapy diagnosis;
plan each patient’s treatment program and determine which elements thereof can be delegated to the assistant;
provide periodic reevaluation of the treatment program and of the assistant's performance relation to the patient;
perform and record an evaluation of the patient and his response to treatment at the termination thereof;
interact with the assistant in appropriate ways specific to the plan of care of the patients being treated by the assistant.

Cite as Ga. Comp. R. & Regs. R. 490-5-.02
Authority: Ga. L. 1972, p. 395; O.C.G.A. Secs. 43-33-36; 43-33-109.
History. Original Rule entitled "Adequate Supervision Defined" was filed on April 7, 1978; effective April 27, 1978.
Amended: Filed November 27, 1984; effective December 17, 1984.
Amended: F. Feb. 26, 1990; eff. Mar. 18, 1990.
Amended: F. May 26, 1993; eff. Jun. 15, 1993.

Chapter 490-6

PROCEDURAL RULES

Rule 490-6-.01 Procedural Rules

The Georgia State Board of Physical Therapy hereby adopts by reference as its permanent rule Chapters 295-3 through 295-13, and any future amendments thereto, Rules and Regulations of the Office of the Joint Secretary, State Examining Boards, relating to procedure for hearings before the several State Examining Boards. The Board in accordance with the licensing Act O.C.G.A. Section 43-33-18 (which enumerates grounds for sanctions), shall have authority to refuse to grant a license to any applicant, and refuse to renew a license, and may restrict, suspend or revoke the registration of any licensed person. The Board hereby adopts and incorporates by reference herein the provisions of O.C.G.A. Sec. 43-1-19.

Cite as Ga. Comp. R. & Regs. R. 490-6-.01
Authority: O.C.G.A. Secs. 43-1-19, 43-33-10, 43-33-18.
History. Original Rule entitled "Procedural Rules" adopted. F. Apr. 7, 1978; eff. Apr. 27, 1978.
Repealed: New Rule of same title adopted. F. Jan. 25, 2007; eff. Feb. 14, 2007.

Chapter 490-7

VERIFICATION OF LICENSE AND EXAMINATION SCORES

Rule 490-7-.01 License Verification and/or Charge for Furnishing Scores

The Georgia State Board of Physical Therapy will verify licensure and provide examination scores, when applicable, to another state upon receiving written request from the applicant accompanied by the ascribed fee. Refer to fee schedule for license verification fee.

Cite as Ga. Comp. R. & Regs. R. 490-7-.01
Authority: O.C.G.A. 43-33-109, 43-1-7.
History. Original Rule entitled "Charge for Furnishing Scores" was filed on June 29, 1979; effective July 19, 1979.
Amended: Rule repealed and a new Rule entitled "License Verification and/or Charge for Furnishing Scores" adopted. Filed January 18, 1984; effective February 7, 1984.
Amended: Rule repealed and a new Rule of the same title adopted. Filed November 27, 1984; effective December 17, 1984.

Chapter 490-8

PHYSICAL THERAPY AIDES: DEFINITION AND REQUIREMENTS

Rule 490-8-.01 Definition

A physical therapy aide, or anyone who holds himself out as being a physical therapy aide, is an individual other than a licensee under O.C.G.A. 43-33 who aids the licensed physical therapist or physical therapist assistant in the licensee's provision of physical therapy services and whose activities do not require technical training through a formal course of study.

Cite as Ga. Comp. R. & Regs. R. 490-8-.01
Authority: O.C.G.A. Secs. 43-33-39, 43-33-3-8, 43-33-13.1.
History. Original Rule entitled "Definition" adopted. F. Mar. 28, 1994; eff. Apr. 17, 1994.
Amended: F. Aug. 15, 2000; eff. Sept. 4, 2000.

Rule 490-8-.02 Supervision

The physical therapy aide must have direct supervision on the premises at all times when providing supportive activities for the physical therapist or the physical therapist assistant.

For purposes of this rule, "direct supervision" shall mean on the premises and immediately available at all times.
For purposes of this rule, "on the premises" shall mean the immediate area of the patient.
A licensee of this chapter may supervise a maximum of two (2) physical therapy aides when they are aiding the licensee's provision of patient evaluation and intervention.

Cite as Ga. Comp. R. & Regs. R. 490-8-.02
Authority: O.C.G.A. Secs. 43-33-39, 43-33-38, 43-33-13.1.
History. Original Rule entitled "Supervision" adopted. F. Mar. 28, 1994; eff. Apr. 17, 1994.
Amended: F. Aug. 15, 2000; eff. Sept. 4. 2000.

Rule 490-8-.03 Duties

For purposes of this Rule, the term, "designated physical therapy tasks," as referenced in O.C.G.A. 43-33-13.1, shall be limited to the following:

Physical therapy aides may perform the following tasks independent of supervision by a licensed physical therapist or licensed physical therapist assistant:
1. Clerical tasks excluding treatment documentation.
  1. “Treatment Documentation” is defined for purposes of this Rule as the creation, generation, composition of any patient care report and shall include but not be limited to patient evaluations, assessment, plans of care, goals, progress notes, consultation reports, discharge summaries and any other written materials related to patient management.
  2. Nothing in this Rule shall preclude a physical therapy aide from transcribing, recording or copying treatment documentation generated by a licensee of this chapter. Any treatment documentation prepared in this or any manner, however, must be signed by the supervising licensed physical therapist or physical therapist assistant and by signing the treatment documentation, the licensee is representing that he or she either prepared the treatment documentation or supervised a physical therapy aide in the preparation of the treatment documentation consistent with the Laws and Rules Governing the Practice of Physical Therapy in the State of Georgia.
2. transporting patients;
3. assembling and disassembling equipment in treatment areas;
4. housekeeping activities.
The physical therapy aide, at the discretion of the licensee, may provide supportive activities to patient care when specifically meeting the criteria as set forth in 490-8-.02. Supportive activities or patient care tasks do not include the direct provision of any patient intervention, but do include only assisting a patient in preparation for treatment by a licensee, assisting a patient after cessation of treatment by a licensee, or assisting the licensee during treatment provided by that licensee. Licensed physical therapists and physical therapist assistants are the only providers of physical therapy.

Cite as Ga. Comp. R. & Regs. R. 490-8-.03
Authority: O.C.G.A. Secs. 43-33-38, 43-33-39, 43-33-310, 43-33-13.1.
History. Original Rule entitled "Duties" adopted. F. Mar. 28, 1994; eff. Apr. 17, 1994.
Amended: F. Nov. 29, 1995; eff. Dec. 19, 1995.
Amended: F. Aug. 15, 2000; eff. Sept. 4, 2000.

Chapter 490-9

CODE OF ETHICS

Rule 490-9-.01 Purpose

This code shall apply to all licensed physical therapists, physical therapists assistants, and all individuals recognized in the delivery of patient care under Chapter 33 of Title 43 in the State of Georgia. It is intended to provide guidelines by which the licensees and others can determine the propriety of conduct. Anyone found guilty of violating the ethical standards, as set forth in this chapter, shall be guilty of violating Official Code of Georgia Annotated Section 43-33-18(a)(6).

Cite as Ga. Comp. R. & Regs. R. 490-9-.01
Authority: O.C.G.A. Sec. 43-33-10.
History. Original Rule entitled "Purpose" adopted. F. Jan. 29, 1997; eff. Feb. 18, 1997.

Rule 490-9-.02 Principles of Conduct for Physical Therapists

Any individual who is licensed as a physical therapist shall abide by the following ethical standard:

Act with consideration, within the scope of physical therapy, for the rights and dignity of all individuals.
1. The physical therapist shall hold as confidential information obtained while acting in a professional capacity.
2. The physical therapist shall provide optimal physical therapy care for all patients regardless of patient race, gender, age, religion, disability or sexual preference.
Comply with the laws and regulations governing the practice of physical therapy in the State of Georgia.
1. Physical therapists are to practice consultation, evaluations, treatment, research, education, administration and preventive care in accordance with the state practice act.
Accept responsibility for the exercise of sound judgment.
1. When implementing treatment, physical therapists shall assume the responsibility for evaluating that individual; planning, implementing, and supervising the therapeutic program; reevaluating and changing the program; and maintaining adequate records of the case, including progress reports.
2. When performing wellness and preventative services, physical therapists shall assume responsibility for providing optimal patient care.
3. When the individual's needs are beyond the scope of the physical therapist's expertise, the physical therapist shall so inform and assist the individual in identifying a qualified person to provide the necessary services.
4. When the physical therapists judge that benefit can no longer be obtained from their services, they shall so inform the individual receiving the services. It is unethical to initiate or continue services that, in the therapist's judgment, either cannot result in beneficial outcome or are contraindicated.
5. The physical therapist's ability to make independent judgment must not be limited or compromised by professional affiliations, including employment relationships.
6. Physical therapists are not to delegate to a less qualified person any activity which requires the unique skills, knowledge, and judgment of a physical therapist.
7. The primary responsibility for physical therapy care assisted by supportive personnel rests with the supervising physical therapist. Adequate supervision requires, at a minimum, that a supervising physical therapist perform the following activities:
  1. Establish effective channels of written and oral communication;
  2. Interpret and communicate critical information about the patient to the supportive personnel;
  3. Perform an initial evaluation of the patient;
  4. Develop a plan of care, including short and long-term goals;
  5. Delegate appropriate tasks to supportive personnel;
  6. Assess the supportive personnel's competence to perform assigned tasks;
  7. Provide supervision in accordance with the law, the patient's condition, and the specific situation;
  8. Identify and document precautions, special programs, contraindications, goals, anticipated progress, and plans for re-evaluation;
  9. Re-evaluate the patient, modify the plan of care when necessary, perform the final evaluation, and establish a follow-up plan.
8. Physical therapists are obligated to advise their employers of any practice which causes a physical therapist to be in conflict with the ethical principles of this section. Physical therapists are to attempt to rectify any aspects of their employment which is in conflict with the principles of this section.
Seek remuneration for their services that is deserved and reasonable.
1. Fees for physical therapy services should be reasonable for the service performed, considering the setting in which it is provided, practice costs in the geographic area, judgment of other organizations, and other relevant factors.
2. Physical therapists shall not:
  1. directly or indirectly request, receive, or participate in the dividing, transferring, assigning, or rebating of an unearned fee;
  2. profit by means of a credit or other valuable consideration, such as an unearned commission, discount, or gratuity in connection with furnishing of physical therapy services;
  3. use influence upon individuals, or families of individuals under their care for utilization of any product or service based upon the direct or indirect financial interest of the physical therapist.
Provide accurate information to the consumer about the profession and the services provided.
1. Physical therapists are not to use, or participate in the use of, any form of communication containing false, plagiarized, fraudulent, misleading, deceptive, or unfair statements.
Accept the responsibility to protect the public and the profession from unethical, incompetent, or illegal acts.
1. Physical therapists shall report any activity which appears to be unethical, incompetent, or illegal to the proper authorities.
2. Physical therapists shall not participate in any arrangement in which patients are exploited due to the referring sources enhancing their personal incomes as a result of referring, prescribing, or recommending physical therapy or a specific physical therapy practice.
3. If a physical therapist is involved in an arrangement with a referring source in which income is derived from the services, the physical therapist has an obligation to disclose to the patient, within the scope of the state law, the nature of the income.

Cite as Ga. Comp. R. & Regs. R. 490-9-.02
Authority: O.C.G.A. Secs. 43-1-19, 43-1-24, 43-1-25, 43-33-3, 43-33-10, 43-33-13.1, 43-33-18.
History. Original Rule entitled "Principles of Conduct for Licensed Physical Therapists" adopted. F. Jan. 29, 1997; eff. Feb. 18, 1997.
Repealed: New Rule of same title adopted. F. Jan. 19, 2005; eff. Feb. 8, 2005.
Repealed: New Rule title "Principles of Conduct for Physical Therapists" adopted. No change in Rule text. F. Jan. 25, 2007; eff. Feb. 14, 2007.

Rule 490-9-.03 Principles of Conduct for Physical Therapist Assistants

Any individual who is licensed as a physical therapist assistant shall abide by the following ethical standards:

Act with consideration, within the scope of physical therapy, for the rights and dignity of all individuals.
1. The physical therapist assistant shall hold as confidential information obtained while functioning as a physical therapist assistant.
2. The physical therapist assistant shall provide optimal physical therapy care for all patients delegated by the physical therapist regardless of patient race, gender, age, religion, disability or sexual preference.
3. The physical therapist assistant should be aware of the patient's physical, psychological and socioeconomic welfare in decisions and actions taken while rendering treatment.
4. The physical therapist assistant shall communicate and interact with patients and all persons encountered with courteous regard and timeliness.
5. The physical therapist assistant shall not engage in any behavior that constitutes harassment or abuse of a patient, professional colleague or associate.
Comply with the laws and regulations governing the practice of physical therapy in the State of Georgia.
1. Physical therapist assistants are to practice only under the supervision of a licensed physical therapist.
Accept responsibility for the exercise of sound judgment.
1. Upon accepting delegation from a physical therapist, the physical therapist assistant shall provide services within the plan of care established by the physical therapist.
2. When the individual's needs are beyond the scope of the physical therapist assistant's expertise, the physical therapist assistant shall inform the supervising physical therapist.
3. When the physical therapist assistant determines that a change in the plan of care is needed, the assistant will contact the supervising physical therapist and request reevaluation of the patient's status.
4. When the physical therapist assistant determines that the patient has received maximum benefits from physical therapy, he/she shall so inform the supervising physical therapist.
5. Physical therapist assistants are not to delegate to a less qualified person any activity which requires the unique skills, knowledge, and judgment of a physical therapist assistant.
6. The primary responsibility for physical therapy care assisted by supportive personnel rests with the supervising physical therapist. Adequate supervision is the responsibility of both the physical therapist and the physical therapist assistant. To insure appropriate supervision, the physical therapist assistant is expected to:
  1. Maintain effective channels of written and oral communication.
  2. Communicate critical information about the patient to the supervising physical therapist in a timely manner.
  3. Function within the established plan of care.
  4. Identify and document treatment activities and all special occurrences.
  5. Request re-evaluation of the patient and/or modification of the plan of care when necessary.
7. Physical therapist assistants are obligated to advise their employer(s) of any practice which causes a physical therapist or a physical therapist assistant to be in conflict with the ethical principles of this section. Physical therapist assistants are to attempt to rectify any aspect(s) of their employment which is in conflict with the principles of this section.
Seek remuneration for their services that is deserved and reasonable.
1. Physical therapist assistants shall not:
  1. Directly or indirectly request, receive, or participate in the dividing, transferring, assigning, or rebating of an unearned fee;
  2. Profit by means of a credit or other valuable consideration, such as an unearned commission, discount, or gratuity in connection with furnishing of physical therapy services;
  3. Use influence upon individuals, or families of individuals under their care for utilization of any product or service based upon the direct or indirect financial interest of the physical therapist assistant;
Provide accurate information to the consumer about the profession and the services provided.
1. Physical therapist assistants are not to use, or participate in the use of, any form of communication containing false, plagiarized, fraudulent, misleading, deceptive, or unfair statements.
Accept the responsibility to protect the public and the profession from unethical, incompetent, or illegal acts.
1. Physical therapist assistants shall report any activity which appears to be unethical, incompetent, or illegal to the proper authorities.
2. Physical therapist assistants shall not participate in any arrangement in which patients are exploited due to the referring sources enhancing their personal incomes as a result of referring, prescribing, or recommending physical therapy or a specific physical therapy practice.
3. If a physical therapist assistant is involved in an arrangement with a referring source in which income is derived from the services, the physical therapist assistant has an obligation to disclose to the patient, within the scope of the State Law, the nature of the income.

Cite as Ga. Comp. R. & Regs. R. 490-9-.03
Authority: O.C.G.A. Section 43-33-10.
History. Original Rule entitled "Principles of Conduct for Licensed Physical Therapists Assistants" adopted. F. Feb. 27, 1998; eff. Mar. 19, 1998.
Repealed: New Rule title "Principles of Conduct for Physical Therapist Assistants" adopted. No change in Rule text. F. Jan. 25, 2007; eff. Feb. 14, 2007.

Rule 490-9-.04 Disciplinary Sanctions

When providing physical therapy treatment following appropriate consultation, unprofessional and unethical conduct shall include but is not limited to the following:

Failing to adhere to the Code of Ethics for Physical Therapists and Physical Therapists Assistants, as codified in Rules 490-9-.01 through 490-9-.03.
Delegating to an aide or unlicensed person any physical therapy task other than those codified in Chapter 490-8.
Failing to provide continuous, immediate and physically present supervision of the aide or unlicensed person when designated tasks are performed.
Performing the technique of dry needling without having met the training and competency requirements as codified in Rule 490-9-.05.
Failing to adhere to the 'Consumer Information and Awareness Act' as codified in O.C.G.A. 43-1-33 in relation to conspicuously posting and affirmatively communicating your type of regulatory designator (PT, PTA), level of education, and training to all current and prospective patients by way of a name badge, facility notices and advertisements.
Failing to provide an evaluation on each patient and establishing a physical therapy diagnosis.
Failing to formulate and record in the patient's record a treatment program based upon the evaluation and any other information available.
Failing to perform periodic evaluation of the patient and documenting the evaluations in the patient's record and to make adjustments to the patient's treatment program as progress warrants.
Failing to formulate and record a patient's discharge plan.
Directly or indirectly requesting, receiving or participating in the division, transferring, assigning, rebating or refunding of fees or remuneration earned, in cash or kind, for bringing or referring a patient. For purposes of this Rule:

No physical therapist, physical therapy assistant, employee or agent thereof acting on his behalf, shall enter into or engage in any agreement or arrangement with any individual, entity, or an employee or agent thereof acting on his behalf, for the payment or acceptance or compensation in any form for the referral or recommending of the professional services of either. This prohibition includes any form of fee division or charging of fees solely for referral of a patient.
This prohibition shall include a rebate or percentage of rental agreement or any arrangement or agreement whereby the amount received in payment for furnishing space, facilities, equipment or personnel services.
Provided further, that this Rule shall not preclude a discount, waiver of co-payment or other reduction in price of services by a physical therapist if the reduction in price is properly disclosed to the consumer and third party payers and appropriately reflected in the costs claimed or charges made.

Should it be determined that a licensee is in violation of this rule and the statutes referenced herein, the Board may impose any disciplinary or corrective measure allowed by law.

Cite as Ga. Comp. R. & Regs. R. 490-9-.04
Authority: O.C.G.A. Secs. 43-1-19, 43-1-20, 43-1-24, 43-1-25, 43-33-3, 43-33-10, 43-33-11, 43-33-18, 43-33-19.
History. Original Rule entitled "Disciplinary Sanctions" adopted. F. Jan. 25, 2007; eff. Feb. 14, 2007.
Repealed: Rule entitled "Disciplinary Sanctions." adopted. F. Mar. 21, 2012; eff. Apr. 10, 2012.
Amended: F. Apr. 18, 2016; eff. May 8, 2016.

Rule 490-9-.05 Dry Needling

Dry needling is a skilled technique performed by a physical therapist using filiform needles to penetrate the skin and underlying tissues to affect change in body structures and functions for the evaluation and management of neuromusculoskeletal conditions, pain, movement impairments, and disability for preventative and therapeutic purposes.
Dry needling must be performed by a licensed physical therapist who:
1. Has consulted with an individual licensed pursuant to Article 2 or 4 of Chapter 34 of Title 43; and,
2. Is specifically trained and competent by virtue of education and training to perform dry needling. Online study for dry needling instruction, with the exception of OSHA Blood Borne Pathogens Standards, will not be accepted as a demonstration of competence and training.
A physical therapist has demonstrated specific and competent education and training when the licensee has submitted the following documentation to the Board:
1. Proof of education in the OSHA Blood Borne Pathogens Standard: and,
2. At least one of the following:
1. Proof of graduation from an entry-level physical therapy program that included dry needling instruction consisting of a minimum of 50 hours total and competency assessment of achievement in its curriculum; or
2. Proof of graduation from a post-graduate credentialed residency or fellowship program of study that included dry needling instruction consisting of a minimum of 50 hours total and competency assessment of achievement in its curriculum; or
3. Proof of documented successful completion of a didactic dry needling course of study consisting of a minimum of 50 hours total and competency assessment of achievement in its curriculum.
Effective July 1, 2018, to perform dry needing in the state of Georgia licensed physical therapists and physical therapists applying for licensure must submit documentation of dry needling education and training into the online recording and reporting system approved by the Board.
1. For the purposes of this requirement, the Georgia State Board of Physical Therapy adopts the utilization of CE Broker.
2. Licensees and applicants shall incur no additional costs from CE Broker for this service.
3. Every licensee or applicant subject to the rules of the Georgia State Board of Physical Therapy shall be deemed to have given such person's consent to the Board and its representatives to access their record retained within the online database for the purposes of auditing and verifying completion of the requirements for dry needling. Such person waives all objections to the admissibility of the record in any proceedings or hearings before the board.
At the time of license renewal, each licensed physical therapy approved to perform dry needling shall attest that he or she is practicing dry needling in the state of Georgia in accordance to the rules and regulations of the Georgia State Board of Physical Therapy.
A violation of the provisions outlined in this Board rule or a false attestation on the renewal application is grounds for disciplinary action as determined by the Board.

Cite as Ga. Comp. R. & Regs. R. 490-9-.05
Authority: O.C.G.A. Secs. 43-1-19, 43-1-24, 43-1-25, 43-33-3, 43-33-10, 43-33-11 and 43-33-18.
History. Original Rule entitled "Dry Needling" adopted. F. Mar. 21, 2012; eff. Apr. 10, 2012.
Amended: F. May 30, 2018; eff. June 19, 2018. Amended: F. Sep. 14, 2020; eff. Oct. 4, 2020.

Rule 490-9-.06 Telehealth

The purpose of this rule is to define and establish guidelines for the practice of telehealth by the spectrum of technologies involving interactive physical therapy services.
Telehealth has been defined as the use of electronic communications to provide and deliver a host of health related information and health care services including, but not limited to physical therapy related information and services, over large and small distances. Telehealth encompasses a variety of health care and health promotion activities including, but not limited to, education, advice, reminders, interventions, and monitoring of interventions. All provisions of Physical Therapy utilizing telehealth mechanisms must:
1. conform to all Federal and State statutes, rules, regulations and policies governing the practice of physical therapy in the State of Georgia.
2. With the exception of practices and services identified in O.C.G.A. 43-33-11(d), individuals providing physical therapy via telehealth to a patient/client in the State of Georgia must be licensed in the State of Georgia.
3. A physical therapist that is licensed in another jurisdiction of the United States may provide a consultation via telehealth to a physical therapist in the State of Georgia.

Cite as Ga. Comp. R. & Regs. R. 490-9-.06
Authority: O.C.G.A. 43-1-25, 43-33-2, 43-33-3, 43-33-10, 43-33-11.
History. Original Rule entitled "Telehealth" adopted. F. Mar. 5, 2018; eff. Mar. 25, 2018.

Chapter 490-10

PREVENTATIVE SERVICES

Rule 490-10-.01 Preventative Services

A licensed physical therapist or a licensed physical therapist assistant under the supervision of an appropriately licensed physical therapist may perform Preventative services that are not considered "implementing a program of physical therapy treatment without consultation." For purposes of this rule, "Preventative services" is defined as the use of physical therapy knowledge and skills by a physical therapist or physical therapist assistant to provide education or activities in a wellness or community setting for the purpose of injury prevention, reduction of stress and or the promotion of fitness, but does not include administration of physical therapy treatment.

Cite as Ga. Comp. R. & Regs. R. 490-10-.01
Authority: Authority O.C.G.A. Secs. 43-33-3, 43-33-18.
History. Original Rule entitled "Preventative Services" adopted. F. Dec. 1, 2005; eff. Dec. 21, 2005.

Chapter 490-11

CONSULTATION

Rule 490-11-.01 Consultation

For purposes of Official Code of Georgia Annotated, Section 43-33-18(a)(1):
1. “Consultation” shall mean provision of professional advice;
2. A “licensed practitioner of the healing arts" means any health practitioner who is licensed in the State to diagnose and treat individuals with the physical or mental disability or functional limitations at issue, and operating within the scope of practice defined in Title 43 Chapter 33.
3. For purposes of determining whether a licensed practitioner is appropriate, the physical therapist shall consider, but not be limited to, the following factors:
  1. Physical condition of the patient;
  2. Nature of ailment;
  3. Extent to which the consulting practitioner has knowledge of the patient's history and condition such that an informed judgment can be made concerning course of treatment.
4. Physical therapists shall document the consultation with the appropriate licensed practitioner of the healing arts prior to implementing a program of physical therapy treatment.

Cite as Ga. Comp. R. & Regs. R. 490-11-.01
Authority: O.C.G.A. Secs. 43-1-19, 43-1-24, 43-33-18.
History. Original Rule entitled "Consultation" adopted. F. Jan. 26, 2007; eff. Feb. 15, 2007.
Repealed: New Rule with same title adopted. F. May 25, 2012; eff. Jun. 14, 2012.

Chapter 490-12

PRACTICE OF PHYSICAL THERAPY DURING A DECLARED NATURAL DISASTER

Rule 490-12-.01 Practice of Physical Therapy During a Declared Natural Disaster

Pursuant to O.C.G.A. 43-33-11, a person currently licensed in another state who is present in the state of Georgia to provide physical therapy services during a declared local, jurisdictional, or national disaster or emergency may do so without penalty for a period not to exceed a total of 60 days during any 12 month period provided that the practice of physical therapy is not contrary to the laws, rules and regulations governing this state.
Upon discovering that a physical therapist has violated any laws, rules and regulations of this state or continued to practice in the state of Georgia beyond 60 days during any 12 month period, the Board shall have the authority to issue a cease and desist order prohibiting the practice of physical therapy without a license.

Cite as Ga. Comp. R. & Regs. R. 490-12-.01
Authority: O.C.G.A. Secs. 43-1-19, 43-1-20.1, 43-1-24, 43-1-25, 43-1-33, 43-33-3, 43-33-10, 43-33-11, 43-33-18, 43-33-19.
History. Original Rule entitled "Practice of Physical Therapy During a Declared Natural Disaster" adopted. F. Apr. 19, 2016; eff. May 9, 2016.

Chapter 490-13

LICENSURE COMPACT

Rule 490-13-.01 Licensure Compact

Pursuant to, the Georgia State Board of Physical Therapy hereby adopts as rule of the Physical Therapy Compact Commission Rules, with the following additions:

Individuals applying for a compact privilege to Georgia must pay the necessary fees and take and pass the Georgia Jurisprudence Assessment Module (GA-JAM) prior to issuance of the compact privilege;
A licensee from another member state who is providing physical therapy services in Georgia under a compact privilege must comply with the laws, rules and policies related to the practice of physical therapy in the state of Georgia;
A compact privilege holder must report to the Georgia State Board of Physical Therapy any emcumbrance or adverse action placed upon any physical therapist or physical therapist assistant license held by the compact privilege holder in a non-member state within thirty (30) business days of the effective date This requirement applies to both public and private actions that may be taken by a non-member state.
Any violation of the laws, rules and policies of the Board may subject the compact privilege holder to disciplinary action by the Georgia State Board of Physical Therapy and loss of the Compact Privilege.

Cite as Ga. Comp. R & Regs. R. 490-13-.01
Authority: O.C.G.A. §§ 43-33-10(12); 43-33-30; 43-33-31.
History. Original Rule entitled "Licensure Compact" adopted. F. Sep. 14, 2020; ef. Oct. 4, 2020.

BOARD POLICIES

Policy #1 General Application Information

Applications and reinstatement applications will be approved administratively once all criteria as outlined in the law and board rules have been met.
1. The staff will not administratively approve any applications with an affirmative answer to the conviction or board sanction question unless otherwise specified within this policy.
2. A “yes” response for failure of the examination may be administratively approved in compliance with the Board’s rules and other policies. All administratively issued licenses are considered for a vote to ratify at the next regularly scheduled board meeting. The average processing time for a complete application is approximately fifteen (15) working days.
Applications with arrests will fall under the following grid:

GEORGIA STATE BOARD OF PHYSICAL THERAPY

POLICIES & PROCEDURES

Category:	Licensure
Policy:	Yes
Procedure:	No
Title:	Staff Approval of Applications for Licensure and Renewal Related to Criminal Offenses
Statutory Basis:	O.C.G.A. 43-33
Date Adopted:	N/A

The Georgia State Board of Physical Therapy accepts the following guidelines for review of applications for licensure and renewal which indicate that the applicant has an arrest and/or conviction. Applications that do not fall within the parameters indicated below will be referred to the Board Cognizant and/or the Board for consideration.

Offense	Frequency	Other	Action
DUI	One Time	No active probation / No active parole	If conviction is older than five years proceed with licensure. If conviction is less than five years license with a letter of concern Alcohol.
Bad Checks, Municipal Ordinance Violations, Driving with Suspended/Revoked License	One Time	No probation / No parole	If conviction is older than five years proceed with licensure with a letter of concern Criminal.
Petit Theft, Shoplifting, Non-Violent Property Crimes (not related to drugs)	Two Times	No probation / No parole	If conviction is older than five years proceed with licensure letter of concern Criminal.
Marijuana Possession of Less than One Ounce	One Time	No probation / No parole	If conviction is older than five years proceed with licensure letter of concern Criminal.
Misdemeanor Offenses with the Exception of Drug Related Misdemeanor Crimes	No Limit	No probation / No parole	If conviction is older than five years proceed with licensure letter of concern Criminal.
Any offenses of a sexual nature	No Limit	N/A	Must be presented to the Board.
Any felony offense	No Limit	N/A	Must be presented to the Board.
Applicants with multiple offenses	No Limit	N/A	Must be presented to the Board.

Policy approved at the March 16, 2004 meeting.
Policy reaffirmed at the January 2009 meeting.
Policy revised at June 19, 2010 meeting.
Policy revised at May 17, 2011 meeting.
Policy revised at the January 28, 2014 meeting.

Policy #2 Examination applications (Board Rule 490-2-.02)

Effective November 21, 2011, the Board will make eligible, applicants for licensure by examination upon receipt of proof from either the College / University Registrar, Dean, PT or PTA Program Director at the applicant’s CAPTE-accredited PT / PTA program stating that the applicant has successfully completed the Physical Therapist or Physical Therapist Assistant program but is awaiting degree conferment. The Board has provided, as part of the application, a form that must be completed by the appropriate school representative and submitted to the Board.
The Board has designated a board member to review all non-CAPTE and all foreign educated examination applications for approval.
An applicant that has not passed the national physical therapy examination or the Georgia Jurisprudence examination by the fourth (4th) time will not be allowed to sit for the examination for a 5th time without extensive further study, which may include completing a physical therapy educational program approved by CAPTE or additional coursework as deemed necessary by the Board.
Applicants for initial licensure by exam must take and pass the electronic Georgia Jurisprudence Exam the Federation of State Boards of Physical Therapy (FSBPT).
After extensive further study, the Board may grant an applicant approval to take the national examination a sixth (6) time in accordance with the lifetime limit eligibility criteria established by the Federation of State Boards of Physical Therapy (FSBPT).

Policy approved at the March 16, 2004 meeting.
Policy reaffirmed at the January 2009 meeting.
Policy amended at the November 15, 2011 meeting.
Policy revised at the September 18, 2012 meeting.
Policy amended at the July 21, 2015 meeting.
Policy amended at the November 17, 2015 meeting.

Policy #3 Endorsement applications

The Board has designated a board member to review all non-CAPTE and all foreign educated examination applications for approval.
Endorsement applicants who have passed the examination within one (1) year of graduation may apply by examination instead of endorsement and must submit verification of licensure from every state in which they have held a license.
All endorsement applicants must take and pass the electronic Georgia Jurisprudence exam. Candidates must register for the exam through the Federation of State Boards of Physical Therapy(FSBPT). An applicant who has not passed the Georgia Jurisprudence exam by the 4th time will not be allowed to sit for the exam a 5th time without evidence of completion of additional Jurisprudence coursework as deemed necessary by the Board.

Policy approved at the September 18, 2007 meeting.
Policy reaffirmed at the January 2009 meeting.
Policy revised at June 19, 2010 meeting.
Policy revised at November 18, 2014 meeting.
Policy amended at the July 21, 2015 meeting.

Policy #4 Renewal Applications

A renewal applicant who answers “no” to the continuing competency question must provide proof of completion of the continuing competency requirement.

Policy approved at the March 16, 2004 meeting.
Policy reaffirmed at the January 2009 meeting.
Policy reaffirmed at the June 19, 2010 meeting.
Policy revised at the November 18, 2014 meeting.

Policy #5 Traineeship

The Board has designated a board member to review all non-CAPTE and all foreign educated examination applications for approval.
Once Traineeship Supervision is approved, a letter will be sent to the physical therapist approved as the primary supervisor and alternate supervisor that all supervision must be in compliance with board rule 490-2-.04.
Board voted to allow for early exit from traineeships once the individual passes the NPTE and the supervisors have submitted documentation showing successful practice under the traineeship.

Policy approved at the March 16, 2004 meeting.
Policy reaffirmed at the January 2009 meeting.
Policy reaffirmed at the June 19, 2010 meeting.
Policy revised added 5(c) May 17, 2011 meeting.
Policy revised at the January 28, 2014 meeting.
Policy revised at the November 18, 2014 meeting.

Policy #6 Reinstatement

All licensees who fail to renew their license by the established deadline are placed in “lapsed” status and must apply to reinstate his/her license. Upon discovering that a reinstatement applicant has practiced without a current license, reinstatement may be considered upon the issuance and docketing of a Public Consent Agreement or Public Reprimand including but not limited to the following:

A $25 fine for each day of unlicensed practice;
Must take and pass the jurisprudence exam within 6 months of the docket date of the consent agreement or reprimand; and
Must report the period of unlicensed practice to their employer(s).

Policy approved at the August 17, 2004 meeting.
Policy revised at September 2008 meeting.
Policy reaffirmed at January 2009 meeting.
Policy revised at November 18, 2014 meeting.

Policy #7 Continuing Competence Policy

The Georgia State Board of Physical Therapy requires each licensed physical therapist and physical therapist assistant to participate in a minimum number of thirty (30) clock hours of experience, not to exceed ten (10) credit hours per calendar day, to promote continuing competence (CC) per licensure period.
The Board recommends the requirements for competence as planned learning experiences which have content beyond the licensee’s present level of knowledge and competence which may be subject to audit by the board. Content of the experience must relate to patient care in physical therapy whether the subject is research, treatment, documentation, education, management, or some other content area.
The thirty (30) hours of continuing competence requirements per biennium shall include a minimum of four (4) contact hours specifically in ethics and jurisprudence as defined in the Georgia Physical Therapy Act or by passage of the Georgia Jurisprudence Examination. Passage of the examination is equivalent to the four (4) hour requirement provided that the individual has not already received credit for the examination when licensure was obtained.
Continuing competence hours obtained from, but not limited to, the following programs or organizations are generally accepted by the Board provided that the experience meets the requirements of Board Rule 490-4-.02 and is related to the practice of physical therapy:
1. The American Physical Therapy Association (APTA) and its affiliate components;
2. The Physical Therapy Association of Georgia (PTAG) or any other state chapters;
3. The Federation of State Boards of Physical Therapy (FSBPT)(Procert);
4. Programs provided at CAPTE-Accredited colleges and universities with programs in physical therapy when the continuing competency course is held under the auspices of the school of physical therapy;
5. The American Occupational Therapy Association (AOTA);
6. The American Academy of Physical Therapy (AAPT)
7. Programs approved by another state board
8. JCAHO-accredited healthcare organizations
9. The American Academy of Orthopedic Surgeons (AAOS)
10. The National Athletic Trainers Association (NATA)
11. The American Dental Association (ADA)
12. The American Association of Nurses (AAN)
13. The American Association of Veterinary State Boards (AAVSB)
14. The Federation of Chiropractic Licensing Boards (FCLB)

Policy approved at October 31, 2007 meeting.
Policy reaffirmed at the January 2009 meeting.
Policy revised at June 19, 2010 meeting.
Policy amended at the November 3, 2009 meeting (addressing on-line courses).
Policy amended at the March 2011 meeting (adding (s)).
Policy amended at the May 2011 meeting (amended (s)).
Policy revised at the September 18, 2012 meeting.
Policy amended at September 16, 2014 meeting (removing class designation).
Policy amended at the November 18, 2014 meeting.
Policy amended at the March 17, 2015 meeting.
Policy amended at the July 21, 2015 meeting.

Policy #8 COGNIZANT MATTERS/INVESTIGATIONS/DISCIPLINARY MATTERS

In compliance with Georgia law, the Board maintains strict confidentiality of investigations of alleged violations of the Board’s Laws and Rules and the identity of the individuals involved. To this end the Board has adopted the use of a member of the Board to act as Cognizant. The Cognizant member shall have access to all records and documents relating to applications which fall outside of the established guidelines for administrative issuance, complaints and investigations. The Cognizant member shall not disclose information leading to the identity of the involved persons until such time as the Board votes to pursue formal disciplinary action. In addition, all complaints received alleging irregular insurance billing practices will automatically be referred to the Insurance Commissioner’s Office for investigation and to the appropriate agencies for Medicaid and Medicare fraud.
Cognizant Review: The board staff shall receive all applications which fall outside of the established guidelines for administrative issuance and complaints of alleged violations of the Board’s laws and rules and present them to the cognizant member. The applicant and/or complainant will be notified in an appropriate timeframe of any deficiencies or complaints that have been received by the board office and forwarded to the cognizant member for review and action. The cognizant member shall have the following authority:
1. Review the application with any supporting documentation and issue the license if it is determined that all qualifications have been met.
2. Recommend that the application be reviewed by the full board.
3. Recommend to full board that a complaint be dismissed due to no alleged violation of the laws or rules.
4. Refer a complaint directly to the Enforcement Division for investigation.
5. Conduct an investigative interview.
6. After an investigation is complete, make a recommendation to the full Board for one of the following:
  1. Close – No violation
  2. Sanction if investigative findings are that a violation has occurred.
In all situations, the Cognizant member shall report to the Board the actions taken regarding the application or investigation of the complaint.
The Cognizant member timely receives and reviews copies of Enforcement Referrals and/or Dispositions to investigations in each case.
All requests for additional information, from staff or Cognizant member shall be in writing.
If a matter regarding a licensee is referred to the AG’s office for a consent order, the order will include the requirement that the disciplined licensee must take and receive a passing score on the jurisprudence examination within 3 months of the docket date of the order.

Policy approved at the March 16, 2004 meeting.
Policy revised at June 19, 2010 meeting.
Policy revised September 16, 2014 meeting.

Policy #9 PEER REVIEW

Individuals working as peer reviewers for the board must have no disciplinary history, current clinical expertise with a minimum of five (5) years of experience and be capable of providing an expert opinion on the subject matter and to general questions of patient care, record keeping and billing. Peer reviewers are selected by the Board on a case-by-case basis.

Policy approved at the March 16, 2004 meeting.
Policy reaffirmed at the January 2009 meeting.
Policy reaffirmed at the January 2009 meeting.

Policy #10 Mental Physical Evaluations

The Board will accept the guidelines for mental physical evaluations as provided by O.C.G.A 43-33-18(a)(2).

Policy approved at the March 16, 2004 meeting.
Policy reaffirmed at the January 2009 meeting.
Policy reaffirmed at the January 2009 meeting.

Policy #11 MEETINGS/RECORDS

Policy Review: The Board will hold an annual policy review.
Minutes: Draft minutes and the board agenda will be provided to the Board at least one (1) week prior to the Board meeting or conference call.
Meetings: Meetings will be held as established by yearly calendar that is approved by the Board. Changes to the meeting dates and times may be called when necessary.

Policy approved at the March 16, 2004 meeting.
Policy revised at the January 2009 meeting.
Policy revised at the July 2010 meeting.
Policy revised at the September 18, 2012 meeting.

Policy #12 POSITION ON MEDICATIONS

The Georgia State Board of Physical Therapy adopts the APTA position of Medications in the Provision of Physical Therapy which states:The scope of practice of physical therapy often requires the use of medications in the course of patient/client management, such as in the administration of phonopheresis, iontophoresis, nebulized bronchodilators, and in integumentary repair and protection. The application and storage of medications used in physical therapy is within the scope of physical therapy practice.

Policy approved at the March 16, 2004 meeting.
Policy reaffirmed at the January 2009 meeting.
Policy reaffirmed at the July 2010 meeting.

Policy #13 Georgia Jurisprudence

In order to meet the minimum four (4) contact hour continuing competence requirement, Aa Georgia Ethics and Jurisprudence Continuing Competency Course must include a review of the Georgia General Provisions (Title 43 Chapter 1 -specifically 43-1-9 and 43-1-19 through 43-1-27), Georgia Physical Therapy Practice Act (Title 43 Chapter 33), Board Rules (Chapter 490), Board Policies and a general review of the Board’s web-site (http://sos.ga.gov/index.php/licensing/plb/39), including the Frequently Asked Questions (FAQ’s). A review of the Jurisprudence exam will occur when the laws and rules change.
The requirement of (4) contact hours in Ethics and Jurisprudence can be met through coursework or may also be satisfied by taking and passing completion of the Georgia Jurisprudence Exam offered by FSBPT.
Licensees will not receive credit towards the current continuing competency requirements for any passing score on a Georgia Jurisprudence Exam that was taken to satisfy the requirements for initial licensure in this State, prior renewal cycles or the terms and conditions of a Board Order.

Policy approved at the May 8, 2007 meeting.
Policy revised at the January 2009 meeting.
Policy revised at the July 2010 meeting.
Policy revised at the September 18, 2012 meeting.
Policy amended at the November 18, 2014 meeting.
Policy amended at the November 17, 2015, meeting.

Policy #14 Foreign Credentialing

The Board requires sixty (60) hours of general education and ninety (90) hours of professional education for a total of 150 hours for foreign educated applicants. The Board further authorizes the use of the FSBPT Retro Tools for applicants educated prior to 1997.
The Board approved foreign credentialing agencies are ICA, IERF and FCCPT.

Policy approved at the May 20, 2008 meeting.
Policy revised at the January 2009 meeting.
Policy revised at the July 2010 meeting.

Policy #15 Residency Programs

Pursuant to O.C.G.A.43-33-1, the Board will consider for approval educational institutions for the purposes of offering programs to develop advanced physical therapy skills. All educational institutions that are providing such advanced training must petition the Board prior to allowing practice of residents/fellows per applicant that is unlicensed in Georgia and enrolled in said program.

Policy approved at the May 4, 2010 meeting.
Policy reaffirmed at the July 2010 meeting.

Policy #16 Telehealth

The purpose of this policy is to establish guidelines for the practice of telerehabilitation (telehealth) by the spectrum of technologies involving interactive telehealth. Telehealth has been defined as the use of electronic communications to provide and deliver a host of health related information and health care services including, but not limited to physical therapy related information and services, over large and small distances. Telehealth encompasses a variety of health care and health promotion activities including, but not limited to, education, advice, reminders, interventions, and monitoring of interventions.

All provisions of Physical Therapy utilizing telehealth mechanisms must conform to all statutes, rules and policies governing the practice of physical therapy in the State of Georgia.
With the exception of part(c), individuals providing physical therapy via telehealth to a patient/client in the State of Georgia must be licensed in the State of Georgia.
A physical therapist that is licensed in another jurisdiction of the United States may provide a consultation via telehealth to a physical therapist in the state of Georgia.
* Definition adapted with permission from APTA

Policy approved at the January 28, 2014 meeting.

Policy #17 Physical Therapist and Physical Therapist Assistant Relationship

Upon initiation of a physical therapy plan of intervention, physical therapists may, at their discretion, allow physical therapy treatments to be performed by physical therapist assistants to include the period in the 21days or eight (8) visits, whichever comes first, prior to discharge or receipt of a referral from the patient’s provider. Ultimately the responsibility for the quality of care provided by supportive personnel resides with the Physical Therapist. While technology allows for supervision in new and expanded methods, the PTAs,Trainees, and Students should know who and how to contact the supervising PT.

It is recommended that the PT supervise no more than three (3) other supportive clinicians at any given time. For the purposes of this policy, supportive clinicians are defined as PTAs, Trainees, and PT/PTA students.
Care coordination discussions are expected in all settings. Such communication should be documented in the patients’ medical record. The frequency of the communication should be based on the patient condition, progression and setting.

Policy approved at the March 17, 2015 meeting.
Policy amended at the November 17, 2015 meeting.

TITLE 43 PROFESSIONS AND BUSINESSES

CHAPTER 33 PHYSICAL THERAPISTS

ARTICLE 1

43-33-1 Short title

This article shall be known and may be cited as the "Georgia Physical Therapy Act."

HISTORY: Ga. L. 1972, p. 388, 1; Ga. L. 1997, p. 715, 1; Ga. L. 2019, p. 126, 4/HB 39.

43-33-2 Declaration of purpose

This article is enacted for the purpose of safeguarding the public health, safety, and welfare by providing for state administrative control, supervision, and regulation of the practice of physical therapy. The practice of physical therapy is declared to be affected with the public interest; and this article shall be liberally construed so as to accomplish the purpose stated in this Code section.

HISTORY: Ga. L. 1972, p. 388, 2; Ga. L. 1997, p. 715, 1; Ga. L. 2019, p. 126, 4/HB 39.

43-33-3 Definitions

As used in this article, the term:

"Board" means the State Board of Physical Therapy.
"License" means a valid and current certificate of registration issued by the board which shall give the person to whom it is issued authority to engage in the practice prescribed thereon.
"Licensee" means any person holding a license under this article or holding a valid Physical Therapy Licensure Compact privilege pursuant to Article 2 of this chapter.
"Person" means a human being only, not a legal entity.
"Physical therapist" means a person licensed to practice physical therapy as defined in this chapter and whose license is in good standing
"Physical therapist assistant" or "physical therapy assistant" means a person who is licensed by the board to assist a physical therapist, whose activities are supervised and directed by a physical therapist, and whose license is in good standing
"Physical therapy" means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter. The term "physiotherapist" shall be synonymous with "physical therapy" pursuant to this chapter. The practice of physical therapy means:
1. Examining, evaluating, and testing patients and clients with mechanical, physiological, and developmental impairments, activity limitations, participation restrictions, and disabilities or other movement related conditions in order to determine a physical therapy diagnosis, prognosis, and plan of intervention and to assess the ongoing effects of intervention;
2. Alleviating impairments of body structure or function by designing, implementing, and modifying interventions to improve activity limitations or participation restrictions for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain;
3. Reducing the risk of injury, impairment, activity limitations, participation restrictions, and disability, including the promotion and maintenance of health, fitness, and wellness in populations of all ages;
4. Planning, administering, evaluating, and modifying intervention and instruction, including the use of physical measures, activities, and devices, including but not limited to dry needling for preventative and therapeutic purposes; and
5. Engaging in administration, consultation, education, teaching, research, telehealth, and the provision of instructional, consultative, educational, and other advisory services.
"Physical therapy aide" means a person who only performs designated and supervised physical therapy tasks. The physical therapy aide must receive direct supervision and must be directed on the premises at all times by a licensee. Physical therapy aides are not licensed under this chapter.
"Trainee" means an individual who is approved for a traineeship.
"Traineeship" means a period of activity during which a trainee works under the direct supervision of a licensed physical therapist who has practiced for not less than one year prior to assuming the supervisory role.
"Training permit" means a valid and current certificate of registration issued by the board which gives the person to whom it is issued authority to engage in practice through a traineeship prescribed thereon.

HISTORY: Ga. L. 1951, p. 175, 1; Ga. L. 1962, p. 633, 1; Ga. L. 1972, p. 388, 3; Ga. L. 1980, p. 1053, 1; Ga. L. 1986, p. 812, 1; Ga. L. 1992, p. 2434, 1; Ga. L. 1997, p. 715, 1; Ga. L. 2011, p. 592, 1/HB 145; Ga. L. 2015, p. 288, 1/HB 505; Ga. L. 2019, p. 126, 4/HB 39.

43-33-4 Creation of board

There is created a State Board of Physical Therapy.

HISTORY: Ga. L. 1962, p. 633, 2; Ga. L. 1972, p. 388, 4; Ga. L. 1997, p. 715, 1.

43-33-5 Appointment of board members; terms; vacancies; removal

The board shall consist of eight members, as provided in Code Section 43-33-6, each of whom shall be appointed by the Governor and confirmed by the Senate for a term of three years and until a successor is appointed and qualified. Vacancies on the board shall be filled by the Governor's appointment of a successor to serve out the unexpired term. The Governor, after notice and opportunity for hearing, may remove any member of the board for neglect of duty, incompetence, revocation or suspension of license of those licensee members, or other dishonorable conduct. No person shall serve consecutively more than two full terms as a member of the board.

HISTORY: Ga. L. 1962, p. 633, 2; Ga. L. 1972, p. 388, 5; Ga. L. 1980, p. 1053, 2; Ga. L. 1986, p. 812, 2; Ga. L. 1992, p. 2434, 2; Ga. L. 1997, p. 715, 1.

43-33-6 Qualifications of board members

To be eligible for appointment to the board, a person must be a resident of this state. Six members of the board shall be licensed as physical therapists under this article who have practiced or taught physical therapy for at least three years. At least one member shall be licensed and practicing as a physical therapist assistant for at least three years. The eighth member shall be appointed from the public at large and shall have no business connection whatsoever with the practice or profession of physical therapy.

HISTORY: Ga. L. 1962, p. 633, 2; Ga. L. 1972, p. 388, 6; Ga. L. 1980, p. 53, 1; Ga. L. 1980, p. 1053, 2; Ga. L. 1986, p. 812, 3; Ga. L. 1992, p. 2434, 3; Ga. L. 1997, p. 715, 1; Ga. L. 2019, p. 126, 4/HB 39.

43-33-7 Conduct of business by telephone or other digital means

With the exception of hearings in contested cases, the board may conduct business in conference by telephone or other digital means, provided that members of the board shall not receive compensation for business conducted in conference by telephone or other digital means.

HISTORY: Ga. L. 1972, p. 388, 7; Ga. L. 1980, p. 1053, 3; Ga. L. 1997, p. 715, 1; Ga. L. 2015, p. 288, 2/HB 505.

43-33-8 Reimbursement of board members

Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

HISTORY: Ga. L. 1972, p. 388, 8; Ga. L. 1980, p. 1053, 4; Ga. L. 1997, p. 715, 1.

43-33-9 Division director as secretary of board; subpoena power; service of process and documents

The division director shall be secretary of the board and shall perform such other administrative duties as may be prescribed by the board. In a contested case, the division director on behalf of the board shall have the power to subpoena, throughout this state, witnesses, designated documents, papers, books, accounts, letters, photographs, objects, or other tangible things. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the division director at his or her office.

HISTORY: Ga. L. 1972, p. 388, 9; Ga. L. 1997, p. 715, 1; Ga. L. 2000, p. 1706, 19; Ga. L. 2010, p. 266, 36/SB 195; Ga. L. 2011, p. 99, 72/HB 24.

43-33-10 General powers and duties of board

In carrying out the provisions of this article, the board shall, in addition to the other powers conferred upon it under this article, have the power to:

Prepare or approve all examinations or applicants for licenses;
Determine the qualifications of and authorize the issuance of licenses to qualified physical therapists and physical therapist assistants;
Determine the qualifications for and approve educational programs that prepare physical therapists and physical therapist assistants for the purpose of determining qualifications of applicants for licensure;
Initiate investigations of alleged or suspected violations of the provisions of this article or other laws of this state pertaining to physical therapy and any rules and regulations adopted by the board. For this purpose, any board member or authorized agent of the board shall have the power and right to enter and make reasonable inspection of any place where physical therapy is practiced;
Conduct all hearings in contested cases according to Chapter 13 of Title 50, known as the "Georgia Administrative Procedure Act";
Discipline any person licensed under this article, or refuse to grant, renew, or restore a license to any person upon any ground specified in this article;
Adopt a seal, the imprint of which together with the authorized signature of either the division director or other member authorized by the board shall be effective to evidence its official acts;
Establish licensing fees and maintain in the office of the division director a register of all persons holding a license and a record of all inspections made;
Adopt and publish in print or electronically a code of ethics;
Issue training permits;
Adopt such rules and regulations as shall be reasonably necessary for the enforcement and implementation of the provisions and purposes of this article and other laws of this state insofar as they relate to physical therapy;
Administer the Physical Therapy Licensure Compact contained in Article 2 of this chapter; and
Conduct criminal history records checks as determined by the board through the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of issuing licenses; provided, however, that reports from such record checks shall not be shared with entities outside of this state.

HISTORY: Ga. L. 1951, p. 175, 15; Ga. L. 1962, p. 633, 2; Ga. L. 1972, p. 388, 10; Ga. L. 1982, p. 1416, 1, 10; Ga. L. 1983, p. 3, 32; Ga. L. 1986, p. 812, 4; Ga. L. 1992, p. 2434, 4; Ga. L. 1997, p. 715, 1; Ga. L. 2000, p. 1706, 19; Ga. L. 2010, p. 838, 10/SB 388; Ga. L. 2019, p. 126, 2, 4/HB 39.

43-33-11 Physical therapists and physical therapist assistants to clearly inform public of credentials; license required for physical therapists or physical therapist assistants; use of titles; limitation on scope of Code section

A physical therapist shall clearly inform the public of his or her professional credential as a physical therapist. A physical therapist shall use the appropriate regulatory designator as identified by the board.
A physical therapist assistant shall use the letters "PTA" immediately following his or her name to designate licensure under this chapter. A person shall not use the title "physical therapist assistant," the letters "PTA," or any other words, abbreviations, or insignia in connection with that person's name to indicate or imply, directly or indirectly, that the person is a physical therapist assistant unless that person is licensed as a physical therapist assistant pursuant to this chapter.
A person or business entity and its employees, agents, or representatives shall not use in connection with that person's name or the name or activity of the business entity the words "physical therapy," "physical therapist," "physiotherapist," or "doctor of physical therapy," the letters "PT," "CPT," "DPT," "LPT," "RPT," or "MPT," or any other words, abbreviations, or insignia indicating or implying, directly or indirectly, that physical therapy is provided or supplied, unless such services are provided by or under the direction of a physical therapist licensed pursuant to this article. A person or business entity shall not advertise or otherwise promote another person as being a physical therapist or physiotherapist unless the individual so advertised or promoted is licensed as a physical therapist under this article. A person or business entity that offers, provides, or bills any other person for services shall not characterize those services as physical therapy unless the individual directing and supervising those services is a person licensed under this article.
Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of:
1. Any person licensed under any other law of this state who is engaged in the professional or trade practices properly conducted under the authority of such other licensing laws;
2. Any person pursuing a course of study leading to a degree or certificate as a physical therapist or as a physical therapist assistant in an entry level educational program approved by the board, if such person is designated by a title indicating student status, is fulfilling work experiences required for the attainment of the degree or certificate, and is under the supervision of a licensed physical therapist;
3. Any person enrolled in a course of study designed to develop advanced physical therapy skills when the physical therapy activities are required as part of an educational program sponsored by an educational institution approved by the board and are conducted under the supervision of a physical therapist licensed under this article. If such person provides physical therapy services outside the scope of the educational program, he or she shall then be required to be licensed in accordance with this article;
4. A physical therapist licensed in another state or country or employed by the United States government conducting a teaching or clinical demonstration in connection with an academic or continuing education program;
5. Any person employed as a physical therapist or as a physical therapist assistant by the United States government if such person provides physical therapy services solely under the direction or control of the employing organization. If such person shall engage in the practice of physical therapy or as a physical therapist assistant outside the course and scope of such employment, he or she shall then be required to be licensed in accordance with this article;
6. A person currently licensed in another state who is present in this state for treatment of a temporary sojourner only, such treatment in this state not to exceed a total of 60 days during any 12 month period; or
7. A person currently licensed in another state who is present in this state providing physical therapy services during a declared local, jurisdictional, or national disaster or emergency, such services not to exceed a total of 60 days during any 12 month period.

HISTORY: Ga. L. 1951, p. 175, 2, 14; Ga. L. 1964, p. 765, 1; Ga. L. 1972, p. 388, 12; Ga. L. 1982, p. 1416, 2, 11; Ga. L. 1983, p. 3, 32; Ga. L. 1992, p. 2434, 5; Ga. L. 1993, p. 91, 43; Ga. L. 1997, p. 715, 1; Ga. L. 2015, p. 288, 3/HB 505; Ga. L. 2019, p. 126, 4/HB 39.

43-33-12 Requirements for license to practice physical therapy

A license to practice physical therapy shall be issued to any person who:

Is a graduate of an educational program that prepares physical therapists and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from an educational program which prepares physical therapists conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this article;
Has satisfactorily passed an examination prepared or approved by the board and has acquired any additional education and training required by the board;
Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (a) or (c) of Code Section 43-1-19; and
Has successfully passed a criminal history records check as determined by the board.

HISTORY: Ga. L. 1951, p. 175, 8; Ga. L. 1972, p. 388, 14; Ga. L. 1982, p. 1416, 4, 12; Ga. L. 1983, p. 3, 32; Ga. L. 1986, p. 812, 5; Ga. L. 1992, p. 2434, 6; Ga. L. 1997, p. 715, 1; Ga. L. 2008, p. 1112, 18/HB 1055; Ga. L. 2015, p. 288, 4/HB 505; Ga. L. 2019, p. 126, 3, 4/HB 39.

43-33-13 Requirements for license to practice as physical therapist assistant

A license to practice as a physical therapist assistant shall be issued to any person who:

Is a graduate of an educational program that prepares physical therapist assistants and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from an educational program which prepares physical therapist assistants conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this article;
Has satisfactorily passed an examination prepared or approved by the board; and
Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (b) or (c) of Code Section 43-1-19.

HISTORY: Ga. L. 1972, p. 388, 13; Ga. L. 1982, p. 1416, 3, 13; Ga. L. 1986, p. 812, 6; Ga. L. 1992, p. 2434, 7; Ga. L. 1997, p. 715, 1; Ga. L. 2015, p. 288, 5/HB 505; Ga. L. 2019, p. 126, 4/HB 39.

43-33-13.1 Physical therapy aide

A physical therapy aide is one, other than a physical therapist or physical therapist assistant, who is employed to assist a physical therapist or a physical therapist assistant by performing only designated physical therapy tasks under direct supervision of a licensee as approved by the board by rule or regulation.

HISTORY: Code 1981, 43-33-13.1, enacted by Ga. L. 1992, p. 2434, 8; Ga. L. 1997, p. 715, 1.

43-33-14 Determining competence of applicants

The board shall determine the competence of applicants to practice as physical therapists or as physical therapist assistants by any method or procedure which the board deems necessary to test the applicant's qualifications.

HISTORY: Ga. L. 1951, p. 175, 7; Ga. L. 1962, p. 633, 4; Ga. L. 1972, p. 388, 17; Ga. L. 1982, p. 1416, 7, 14; Ga. L. 1986, p. 812, 7; Ga. L. 1997, p. 715, 1.

43-33-15 Reciprocity waiver of examination requirement for persons licensed in another state who meet certain qualifications

The board may, in its discretion, waive the examination provided for in paragraph (2) of Code Section 43-33-12 and may, subject to the provisions under Code Sections 43-33-18 and 43-33-19, grant to a person licensed in another state or territory of the United States full privileges to engage in an equivalent practice authorized by this article to any person who has qualifications the board determines to be the substantial equivalent of the qualifications described under paragraph (1) of Code Section 43-33-12 and who is properly licensed under the laws of another state or territory of the United States; provided, however, that the license held by such person was issued after an examination which, in the judgment of the board, is the equivalent of the standards established by the board. In waiving the examination requirement, the board may require additional education or training.

HISTORY: Ga. L. 1951, p. 175, 6; Ga. L. 1972, p. 388, 16; Ga. L. 1982, p. 1416, 6, 15; Ga. L. 1992, p. 2434, 9; Ga. L. 1997, p. 715, 1; Ga. L. 2008, p. 1112, 19/HB 1055; Ga. L. 2019, p. 126, 4/HB 39.

43-33-16 Expiration, renewal, and restoration of licenses; canceled licenses; continuing education

All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the division director prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may only be restored after application and payment of the prescribed restoration fee within the time period established by the division director and provided the applicant meets such requirements as the board may establish by rule. Any license which has not been restored within such period following its expiration may not be renewed, restored, or reissued thereafter. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license. The board shall require no less than four hours of continuing education in order to renew any license issued pursuant to this articl.

HISTORY: Ga. L. 1951, p. 175, 9; Ga. L. 1962, p. 633, 5; Ga. L. 1972, p. 388, 18; Ga. L. 1980, p. 1053, 6; Ga. L. 1986, p. 812, 8; Ga. L. 1992, p. 2434, 10; Ga. L. 1997, p. 715, 1; Ga. L. 2000, p. 1706, 19; Ga. L. 2019, p. 126, 4/HB 39.

43-33-17 Training permits

The board may issue a training permit to an applicant who is a graduate of an approved physical therapy program who is approved to take the physical therapy licensing examination or who has taken the examination but not yet received the examination results.
The board may issue a training permit to a foreign trained applicant who is a graduate from a physical therapy program outside the United States and its territories and who is approved to take the physical therapy licensing examination.
The board may issue a training permit to a reinstatement applicant whose license to practice as a physical therapist or license to practice as a physical therapist assistant has been expired for more than two years.
The training permit shall allow the holder thereof to work only under the direct supervision of a physical therapist who has been approved by the board and has practiced for not less than one year prior to assuming the supervisory role.
Training permits are governed by rules and regulations authorized under this article and approved by the board.

HISTORY: Ga. L. 1972, p. 388, 15; Ga. L. 1980, p. 1053, 5; Ga. L. 1982, p. 3, 43; Ga. L. 1982, p. 1416, 5, 16; Ga. L. 1986, p. 812, 9; Ga. L. 1987, p. 3, 43; Ga. L. 1990, p. 8, 43; Ga. L. 1992, p. 2434, 11; Ga. L. 1997, p. 715, 1; Ga. L. 2019, p. 126, 4/HB 39.

43-33-18 Refusal to grant or restore licenses; discipline of licensees; suspension, revocation, or restriction of licenses; immunity for violation reporters

The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist licensed under this article upon a finding by the board that the licensee or applicant has:
1. Identified himself or herself as a doctor without also clearly informing the public of his or her professional credential as a physical therapist;
2. Performed physical therapy care and services without examination and evaluation of patients or clients in order to determine a physical therapy diagnosis, prognosis, and plan of intervention, which, in the case of patients who have self-referred, means the physical therapist has:
  1. Failed to refer the patient to an individual licensed pursuant to Article 2 of Chapter 11 of Title 43 or Article 2 of Chapter 34 of Title 43 if at any time the physical therapist has reason to believe that the patient has symptoms or conditions that require treatment beyond the scope of practice of the physical therapist or, regardless of the patient's condition, if after 21 days or eight visits from the initiation of a physical therapy plan of intervention, the physical therapist has not received a referral from the patient's provider who is licensed pursuant to Article 2 of Chapter 11 of Title 43 or Article 2 of Chapter 34 of Title 43. The day and visit limitations contained in this subparagraph shall not apply:
    1. In the case of services provided for health promotion, wellness, fitness, or maintenance purposes, in which case the physical therapist shall refer a client seen for health promotion, wellness, fitness, or maintenance purposes to an appropriate individual licensed pursuant to Article 2 or 4 of Chapter 34 of Title 43 if the client exhibits or develops signs and symptoms beyond the scope of practice of the physical therapist;
    2. In the case of a patient diagnosed within the previous nine months with a neuromuscular or developmental condition when the evaluation, treatment, or services are being provided for problems or symptoms associated with that previously diagnosed condition; or
    3. In the case of a patient diagnosed within the previous 90 days with a chronic musculoskeletal condition and noted by a current relevant document from an appropriate licensed health care provider;
  2. Ordered radiology, performed surgery, ordered laboratory or body fluid testing, diagnosed disease, or practiced medicine;
  3. Failed to provide each self-referred patient with a written disclosure that a physical therapy diagnosis is not a medical diagnosis by a physician or based on radiological imaging and that such services might not be covered by the patient's health plan or insurer;
  4. Not satisfied the additional requirements for seeing a patient who has self-referred, which shall include:
    1. A doctorate in physical therapy or equivalent degree from an accredited institution plus two years of clinical practice experience;
    2. A doctorate in physical therapy or equivalent and:
      1. Post graduate certification;
      2. American Board of Physical Therapy Specialties Board Certification; or
      3. Residency or fellowship training; or
    3. Five years of clinical practice experience; or
  5. Performed dry needling treatment interventions without consulting an individual licensed pursuant to Article 2 or 4 of Chapter 34 of Title 43; or
3. Acted in a manner inconsistent with generally accepted standards of physical therapy practice, regardless of whether actual injury to a patient occurs, or failed to provide the expected minimal standard of patient or client management, which shall include that:
  1. A physical therapist is fully responsible for managing all aspects of the physical therapy care of each patient. A physical therapist shall provide:
    1. The initial evaluation, determination of physical therapy diagnosis, prognosis, and plan of intervention and documentation of the initial evaluation;
    2. Periodic reevaluation and documentation of findings for each patient; and
    3. The documented episode of care for each patient, including the patient's response to the plan of intervention at the time of completion of the episode of care;
  2. A physical therapist shall assure the qualifications of all physical therapist assistants and physical therapy aides under his or her direction and supervision;
  3. For each patient on each date of service, a physical therapist shall provide all of the intervention that requires the education, skills, knowledge, and abilities of a physical therapist;
  4. A physical therapist shall determine the use of physical therapist assistants and physical therapy aides to ensure the delivery of care that is safe, effective, and efficient. A physical therapist may use physical therapy aides for designated routine tasks. A physical therapy aide shall work under the supervision of a physical therapist;
  5. A physical therapist shall communicate the overall plan of care with the patient or the patient's legally authorized representative;
  6. A physical therapist's responsibility shall include accurate documentation and billing of the services provided;
  7. A physical therapist shall adhere to the recognized standards for professional conduct and code of ethics of the physical therapy profession as established by rule; and
  8. A physical therapist shall ensure that he or she has liability coverage either independently or provided by the entity by which he or she is employed.
The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist assistant licensed under this articl upon a finding by the board that the licensee or applicant has:
1. Worked outside the supervision of a physical therapist;
2. Failed to provide accurate documentation or billing of services provided;
3. Failed to adhere to the recognized standards of ethical conduct and code of ethics as established by rule; or
4. Acted in a manner inconsistent with generally accepted standards of the physical therapist assistant's scope of work, regardless of whether actual injury to the patient occurs.
The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant licensed under this article or any antecedent law upon a finding by the board that the licensee or applicant has:
1. Displayed an inability or has become unable to practice as a physical therapist or as a physical therapist assistant with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition:
  1. In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by an appropriate licensed health care provider designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-5-501. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application for a license to practice physical therapy in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing physical therapy under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of physical therapy with reasonable skill and safety to patients;
  2. For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-5-501. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application to practice physical therapy in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication; and
  3. If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding;
2. Been convicted of a felony or crime involving moral turpitude in the courts of this state or the United States or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code section, a "conviction" shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to the provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute;
3. Knowingly made misleading, deceptive, untrue, or fraudulent representations to a patient, consumer, or other person or entity in connection with the practice of physical therapy or in any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice physical therapy or as a physical therapist assistant; or made a false or deceptive biennial registration with the board;
4. Practiced physical therapy contrary to this Code section or to the rules and regulations of the board; knowingly aided, assisted, procured, or advised any person to practice physical therapy contrary to this Code section or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to practice physical therapy;
5. Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing physical therapy practice or the failure to comply with the code of ethics of the board;
6. Failed to report to the board any act or omission of a licensee or applicant or any other person which violates the provisions of this subsection; or
7. Divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient.
1.When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a), (b), or (c) of this Code section, the board may take any one or more of the following actions:
1. Refuse to grant or restore a license to an applicant;
2. Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee;
3. Suspend any license for a definite period;
4. Limit or restrict any license;
5. Revoke any license;
6. Condition the penalty or withhold formal disposition, upon the physical therapist's, physical therapist assistant's, or other person's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board; or
7. Impose a fine not to exceed $500.00 for each violation of law, rule, or regulation of the board.
2. In addition to or in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or applicant on probation, which may be vacated upon noncompliance with such reasonable terms as the board may impose.
In its discretion, the board may restore and reissue a license issued under this article or any antecedent law and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this article.
A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting the acts or omissions of a licensee or applicant which violate the provisions of subsection (a), (b), or (c) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any proceeding involving a violation of the provisions of subsection (a), (b), or (c) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant shall be immune from civil and criminal liability for so testifying.
The provisions of this Code section shall not prevent any other health care provider from administering techniques authorized within his or her scope of practice.

HISTORY: Ga. L. 1951, p. 175, 10; Ga. L. 1972, p. 388, 20; Ga. L. 1982, p. 1416, 8, 17; Ga. L. 1992, p. 2434, 12; Ga. L. 1993, p. 91, 43; Ga. L. 1997, p. 715, 1; Ga. L. 2006, p. 501, 1/HB 801; Ga. L. 2008, p. 324, 43/SB 455; Ga. L. 2011, p. 99, 73/HB 24; Ga. L. 2015, p. 288, 6/HB 505; Ga. L. 2019, p. 126, 4/HB 39.

43-33-19 Unlicensed practice as constituting public nuisance; injunctions

The practice of physical therapy is declared to be an activity affecting the public interest and involving the health, safety, and welfare of the public. Such practice when engaged in by a person who is not licensed is declared to be harmful to the public health, safety, and welfare. The board or the district attorney of the circuit where such unlicensed practice exists, or any person or organization having an interest therein, may bring a petition to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides. It shall not be necessary in order to obtain an injunction under this Code section to allege or prove that there is no adequate remedy at law, or to allege or prove any special injury.

HISTORY: Ga. L. 1962, p. 633, 6; Ga. L. 1972, p. 388, 21; Ga. L. 1982, p. 1416, 9, 18; Ga. L. 1997, p. 715, 1.

43-33-20 Penalty

Any person convicted of violating this article shall be guilty of a misdemeanor.

HISTORY: Ga. L. 1951, p. 175, 17; Ga. L. 1972, p. 388, 22; Ga. L. 1997, p. 715, 1; Ga. L. 2019, p. 126, 4/HB 39.

43-33-21 Termination

Repealed by Ga. L. 1992, p. 3137, 26, effective July 1, 1992.

ARTICLE 2

43-33-30 Short Title

This article shall be known and may be cited as the "Physical Therapy Licensure Compact Act."

HISTORY: Ga. L. 2019, p. 126, 4/HB39.

43-33-31 Ratification; Text of Compact

The Physical Therapy Licensure Compact is enacted into law and entered into by the State of Georgia with any and all other states legally joining therein in the form substantially as follows:

PHYSICAL THERAPY LICENSURE COMPACT

SECTION 1. PURPOSE

The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient or client is located at the time of the patient or client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
This Compact is designed to achieve the following objectives:
1. Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;
2. Enhance the states' ability to protect the public's health and safety;
3. Encourage the cooperation of member states in regulating multi-state physical therapy practice;
4. Support spouses of relocating military members;
5. Enhance the exchange of licensure, investigative, and disciplinary information between member states; and
6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.

SECTION 2. DEFINITIONS

As used in this compact, and except as otherwise provided, the term:

'Active Duty Military' means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211.
'Adverse Action' means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.
'Alternative Program' means a non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.
'Compact privilege' means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.
'Continuing competence' means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
'Data system' means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.
'Encumbered license' means a license that a physical therapy licensing board has limited in any way.
'Executive Board' means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
'Home state' means the member state that is the licensure's primary state of residence.
'Investigative information' means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.
'Jurisprudence Requirement' means the assessment of an individual's knowledge of the laws and rules governing the practice of physical therapy in a state.
'Licensee' means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.
'Member state' means a state that has enacted the Compact.
'Party state' means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.
'Physical therapist' means an individual who is licensed by a state to practice physical therapy.
'Physical therapist assistant' means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.
'Physical therapy', 'physical therapy practice', and 'the practice of physical therapy' mean the care and services provided by or under the direction and supervision of a licensed physical therapist.
'Physical Therapy Compact Commission' or 'Commission' means the national administrative body whose membership consists of all states that have enacted the Compact.
'Physical therapy licensing board' or 'licensing board' means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.
'Remote state' means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.
'Rule' means a regulation, principle, or directive promulgated by the Commission that has the force of law.
'State' means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

(a) To participate in the compact, a state must:

Participate fully in the Commission's data system, including using the Commission's unique identifier as defined in rules;
Have a mechanism in place for receiving and investigating complaints about licensees;
Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a license;
Fully implement a criminal background check requirement, within a time frame established by rule, by the receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with Section 3.B.;
Comply with the rules of the Commission;
Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and
Have continuing competence requirements as a condition for license renewal,

(b) Upon adoption of this article, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C.§534 and U.S.C. §14616.

(c) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.

(d) Member states may charge a fee for granting a compact privilege.

SECTION 4. COMPACT PRIVILEGE

(a) To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:

Hold a license in the home state;
Have no encumbrance on any state license;
Be eligible for a compact privilege in any member state in accordance with Section. 4D. G and H;
Have not had any adverse action against any license or compact privilege within the previous 2 years;
Notify the Commission that the licensee is seeking the compact privilege within a remote state(s);
Pay any applicable fees, including any state fee, for the compact privilege;
Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and
Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.

(b) The compact privilege is valid until the expiration date of the home license. The licensee must comply with requirements of Section 4.A. to maintain the compact privilege in the remote state.

(c) A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

(d) A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.

(e) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:

The home state license is no longer encumbered; and
Two years have elapsed from the date of the adverse action.

(f) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state.

(g) If a licensee's compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:

The specific period of time for which the compact privilege was removed has ended;
All fines have been paid; and
Two years have elapsed from the date of the adverse action.

(h) Once the requirements of Section 4G have been met, the license must meet the requirements in Section 4A to obtain a compact privilege in a remote state.

SECTION 5. ACTIVE MILITARY PERSONNEL OR THEIR SPOUSES

A licensee who is active military or is the spouse of an individual who is active duty military may designate one of the following as the home state:

(a) Home of record;
(b) Permanent Change of Station (PCS); or
(c) State of current residence if it is different than the PCS state or home of record.

SECTION 6. ADVERSE ACTIONS

(a) A home state shall have exclusive power to impose adverse action against a license issued by the home state.

(b) A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.

(c) Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state's laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.

(d) Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.

(e) A remote state shall have the authority to:

Take adverse actions as set forth in Section 4.D. against a licensee's compact privilege in the state;
Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witness and/or evidence are located; and
If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.

(f) Joint investigations

In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION

(a) The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission:

The Commission is an instrumentality of the Compact states.
Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
Nothing in the Compact shall be construed to be a waiver of sovereign immunity.

(b) Membership, Voting, and Meetings

Each member state shall have and be limited to one (1) delegate selected by that member state's licensing board.
The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.
Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
The member state board shall fill any vacancy occurring in the Commission.
Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.
A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

Establish the fiscal year of the Commission;
Establish bylaws;
Maintain its financial records in accordance with the bylaws;
Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;
Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;
Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected;
Purchase and maintain insurance and bonds;
Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;
Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;
Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;
Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
Establish a budget and make expenditures;
Borrow money;
Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
Provide and receive information from, and cooperate with law enforcement agencies;
Establish and elect an Executive Board; and
Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of physical therapy licensure and practice.

(d) The Executive Board

The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact.

The Executive Board shall be compared of nine members:
1. Seven voting members who are elected by the Commission from the current membership of the Commission;
2. One ex-officio, nonvoting member from the recognized national physical therapy professional association; and
3. One ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.
The ex-officio members will be selected by their respective organizations.
The Commission may remove any member of the Executive Board as provided in bylaws.
The Executive Board shall meet at least annually.
The Executive Board shall have the following duties and responsibilities:
1. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;
2. Ensure Compact administration services are appropriately provided, contractual or otherwise;
3. Prepare and recommend the budget;
4. Maintain financial records on behalf of the Commission;
5. Monitor Compact compliance of member states and provide compliance reports to the Commission;
6. Establish additional committees as necessary; and
7. Other duties as provided in the rules or bylaws.

(e) Meetings of the Commission

All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 9.
The Commission or the Executive Board or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Board or other committees of the Commission must discuss:
1. Noncompliance of a member state with its obligation under the Compact;
2. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;
3. Current, threatened, or reasonably anticipated litigation;
4. Negotiation of the contracts for the purchase, lease, or sale of goods, services, or real estate.
5. Accusing any person of a crime or formally censuring any person;
6. Disclosure of trade secrets or commercial or financial information that is privileged or confidential.
7. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
8. Disclosure of investigative records compiled for law enforcement purposes;
9. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact, or
10. Matters specifically exempted from disclosure by federal or member state statute.
If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
The Commission shall keep minutes that fully and clearly describe all matters is discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such matters. All minutes and documents of a closed meeting shall remain under seal, subject of release by a majority vote of the Commission or order of a court of competent jurisdiction.

(f) Financing the Commission

The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.
The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.
The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

(g) Qualified Immunity, Defense, and Indemnification

The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of the Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of the Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of the Commission employment, duties, or responsibilities, or that such person had reasonable basis for believing occurred within the scope of the Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

SECTION 8. DATA SYSTEM

(a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.

(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:

Identifying information;
Licensure data;
Adverse actions against a license or compact privilege;
Nonconfidential information related to alternative program participation;
Any denial of application for licensure; and the reason(s) for such denial; and
Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.

(d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to the licensee in any member state will be available to any other member state.

(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

SECTION 9. RULEMAKING

(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

(b) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four years of the date of the adoption of the rule, then such rule shall have no further force and effect in any member state.

(d) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:

On the website of the Commission or other publicly accessible platform; and
On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

(e) The Notice of Proposed Rulemaking shall include:

The proposed times, date, and location of the meeting in which the rule will be considered and voted upon;
The text of the proposed rule or amendment and the reason for the proposed rule;
A request for the comments on the proposed rule from any interested person; and
The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

(f) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

(g) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

At least twenty-five (25) persons;
A state or federal government subdivision or agency; or
An Association having at least twenty-five (25) members.

(h) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.

All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
All hearings will be recorded. A copy of the recording will be made available on request.
Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

(j) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

(k) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

(l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

Meet an imminent threat to public health, safety, or welfare;
Prevent a loss of Commission or member state funds;
Meet a deadline for promulgation of an administrative rule that is established by federal law or rule; or
Protect public health and safety.

(m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

(a) Oversight

The executive, legislative, and judicial branches of the state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.
All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission.
The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.

(b) Default, Technical Assistance, and termination

If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:
1. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and
2. Provide remedial training and specific technical assistance regarding the default.
If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote a majority of the member states, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
A state that has been terminated is responsible for all assessments obligations, and liabilities incurred through the effective date of terminationm, including obligations that extend beyond the effective date of termination.
The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.
The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.

Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states.
The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

(d) Enforcement

The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.
By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.

(b) Any state that joins the compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

A member state's law withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
Withdrawal shall not affect the continuing requirement of the withdrawing state's physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

(d) Nothing contained in this Compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and non-member state that does not conflict with the provisions of this Compact.

(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

SECTION 12. CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to the all severable matters.

HISTORY: Ga. L. 2019, p. 126, 4/HB39.

TITLE 43 PROFESSIONS AND BUSINESSES

CHAPTER 1 GENERAL PROVISIONS

43-1-1 Definitions

As used in this title, the term:

"Division" means the professional licensing boards division created under Code Section 43-1-2.
"Division director" means the individual appointed by the Secretary of State as director of the professional licensing boards division within the office of the Secretary of State.
"Professional licensing board" means any board, bureau, commission, or other agency of the executive branch of state government which is created for the purpose of licensing or otherwise regulating or controlling any profession, business, or trade and which is placed by law under the jurisdiction of the director of the professional licensing boards division within the office of the Secretary of State.

HISTORY: Code 1981, 43-1-1; Ga. L. 2000, p. 1706, 1.

43-1-2 Appointment and general powers of division director; members and meetings of professional licensing boards; examination standards; roster of licensees; funding

1. There is created within the office of the Secretary of State the professional licensing boards division as successor to the office of the joint-secretary of the state examining boards. The Secretary of State is authorized and directed to appoint a director of the professional licensing boards division.
2. Any action of the joint-secretary taken with regard to any state examining board prior to July 1, 2000, shall thereafter be deemed to be action taken by the director of the professional licensing boards division and that division director shall thereafter act in the stead of such joint-secretary and succeed to the powers and duties of the joint-secretary with regard to those state examining boards. The rights, privileges, entitlements, or duties of parties to contracts, leases, agreements, or other transactions entered into by the joint-secretary prior to July 1, 2000, shall continue to exist and shall not be impaired or diminished by reason of the succession of the division director to the powers and duties of the joint-secretary.
The salary of the division director shall be fixed by the Secretary of State, and he or she shall hold office at the pleasure of the Secretary of State.
The Secretary of State, notwithstanding any other provisions of law to the contrary, shall employ personnel as deemed necessary to carry out this chapter and to provide for all services required by each of the professional licensing boards and shall establish within the guidelines provided by the laws and rules and regulations of the State Personnel Board the qualifications of such personnel.
The division director, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required by each of the professional licensing boards.
The Secretary of State, notwithstanding any other provisions of law to the contrary, shall have the power to employ and shall set the qualifications and salary for a deputy division director and shall appoint executive directors as required who shall act in the absence of the division director and who shall perform such other functions of the division director under this chapter as the division director may designate. The deputy division director and executive directors as appointed shall be in the unclassified service and shall be excluded from the classified service as defined in Article 1 of Chapter 20 of Title 45.
Notwithstanding any other provisions of law to the contrary, each member of the various professional licensing boards may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the various professional licensing boards are subject to approval of the president or chairperson of the respective board and the division director.
All meetings and hearings of the respective professional licensing boards shall be held in the capitol, at the site of the office of the respective board, or at such other site as may be requested by the chairperson or president of a professional licensing board and approved by the division director.
A majority of the appointed members of a professional licensing board shall constitute a quorum for the transaction of business by that board.
h.1) Members of a professional licensing board shall serve until the expiration of the term for which they were appointed and until their successors have been appointed and qualified unless otherwise specified under the provisions of this title.
A schedule of all meetings and hearings of the various professional licensing boards shall be maintained at the office of the division director and be available for public review.
The division director may establish administrative standards for the examination of applicants for licensure by the various professional licensing boards, notwithstanding any other provisions of law to the contrary. These administrative standards may include the setting of date, time, and location of examinations, subject to the approval of the respective professional licensing boards. Notwithstanding any other provisions of law to the contrary, examination criteria, examination grading procedures, examination fees, examination passing score requirements, and other matters pertaining to the examination of applicants for licensure may be adopted by rules of the respective professional licensing boards as necessary to implement such examination standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examination may be adopted in lieu of state standards by the respective professional licensing boards.
The division director shall prepare and maintain a roster containing the names and addresses of all current licensees for each of the various professional licensing boards. A copy of this roster shall be available to any person upon request at a fee prescribed by the division director sufficient to cover the cost of printing and distribution. The following shall be treated as confidential and need not be disclosed without the approval of the professional licensing board to which application is made:
1. Applications and other personal information submitted by applicants, except to the applicant, staff, and the board;
2. Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board;
3. Examination questions and other examination materials, except to the staff and the board; and
4. The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes.
Funding for the office of the division director and the various professional licensing boards served by such office shall be contained in a common budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act."

HISTORY: Ga. L. 1931, p. 7, 89, 89A; Code 1933, 84-101, 84-102; Ga. L. 1943, p. 370, 1; Ga. L. 1955, p. 323, 1; Ga. L. 1975, p. 412, 1; Ga. L. 1977, p. 758, 1; Ga. L. 1981, p. 1898, 1; Ga. L. 1990, p. 1965, 1; Ga. L. 2000, p. 1706, 2; Ga. L. 2009, p. 745, 1/SB 97; Ga. L. 2010, p. 266, 6, 7/SB 195; Ga. L. 2012, p. 446, 2-64/HB 642.

43-1-3 Duties of division director; serving notice or process on boards through division director

It shall be the duty of the division director:
1. To bring together and keep all records relating to the professional licensing boards;
2. To receive all applications for licenses;
3. With the consent of the board concerned, to schedule the time and place for examinations;
4. To schedule the time and place for all hearings;
5. To issue certificates upon authority of the professional licensing board concerned; and
6. Except as otherwise provided by law, to collect all fees required by law in connection with the licensing of trades and professions under such boards and to remit the same to the state treasurer for deposit into the general fund of the state. Notwithstanding any other provision of law, the division director is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter; provided, however, that nothing in this Code section shall be construed so as to allow the division director to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the division director shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act," except Code Section 45-12-92, prior to expending any such funds.
All orders and processes of the professional licensing boards shall be signed and attested by the division director, or his or her designee, in the name of the particular professional licensing board, with the seal of such board attached. Any notice or legal process necessary to be served upon any of the professional licensing boards may be served upon the division director.

HISTORY: Ga. L. 1931, p. 7, 89; Code 1933, 84-101; Ga. L. 1937, p. 208, 2; Ga. L. 1967, p. 294, 1; Ga. L. 1984, p. 22, 43; Ga. L. 1993, p. 1402, 18; Ga. L. 1997, p. 677, 1; Ga. L. 2000, p. 1706, 3; Ga. L. 2008, p. 1112, 1/HB 1055; Ga. L. 2010, p. 863, 3/SB 296.

43-1-4 Expiration, renewal, and penalty dates of licenses and certificates; duration of validity; renewals

The division director shall determine the expiration, renewal, and penalty dates for each license and certificate issued by the professional licensing boards through the office of the division director which is subject to renewal. Before becoming effective, these expiration, renewal, and penalty dates must be approved by the respective professional licensing boards.
Each license and certificate issued by the professional licensing boards through the office of the division director which are subject to renewal shall be valid for up to two years and shall be renewable biennially on the renewal date established by the division director, as approved by the respective professional licensing boards.
The division director is authorized to adopt the necessary rules and regulations to implement the biennial renewal of licenses and certificates in such manner as to ensure that the number of renewals is reasonably evenly distributed throughout each two-year period.

HISTORY: Code 1933, 84-104, enacted by Ga. L. 1972, p. 505, 1; Ga. L. 1973, p. 1481, 1; Ga. L. 1981, p. 1898, 2; Ga. L. 2000, p. 1706, 19.

43-1-5 Investigators for professional licensing boards

Persons hired for the purpose of conducting investigations for the professional licensing boards shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this title or of any of the laws creating or related to the professional licensing boards. Such investigators shall be authorized, upon the written approval of the division director, notwithstanding Code Sections 16-11-126 and 16-11-129, to carry firearms.

HISTORY: Code 1933, 84-105, enacted by Ga. L. 1975, p. 412, 2; Ga. L. 1984, p. 704, 1; Ga. L. 1996, p. 381, 2; Ga. L. 2000, p. 1706, 4; Ga. L. 2010, p. 266, 8/SB 195; Ga. L. 2010, p. 963, 2-17/SB 308.

43-1-6 Venue of actions involving professional licensing boards
The venue of any action involving the members of any professional licensing board shall be governed by the laws of this state pertaining to venue. The division director shall not be considered a member of any such board in determining the venue of any such action; and no court shall have jurisdiction of any such action solely by virtue of the division director residing or maintaining a residence within its jurisdiction.

HISTORY: Code 1933, 84-103, enacted by Ga. L. 1962, p. 539, 1; Ga. L. 2000, p. 1706, 19.

43-1-7 Determination of fees by professional licensing boards; refunds

Each professional licensing board is authorized to charge an examination fee, license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charged. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the professional licensing board shall approximate the total of the direct and indirect costs to the state of the operations of the board. Fees may be refunded for good cause, as determined by the division director.

HISTORY: Ga. L. 1978, p. 1517, 1; Ga. L. 1981, p. 1898, 4; Ga. L. 1984, p. 22, 43; Ga. L. 2000, p. 1706, 5.

43-1-8 Disposition of fees

Reserved. Repealed by Ga. L. 1984, p. 22, 43, effective February 3, 1984.

43-1-9 Point credit for veterans taking examinations given by professional licensing boards

Any applicant taking an examination required by any professional licensing board except the Georgia Board of Nursing shall receive points in the following manner:

Any applicant who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, for a period of one year or more, of which at least 90 days were served during wartime or during any conflict when military personnel were committed by the President of the United States, shall be entitled to a credit of five points. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination;
Any applicant who is a disabled veteran and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of five points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at less than 10 percent at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination; and
Any applicant who is a disabled veteran who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of ten points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at 10 percent or above at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering questions propounded in any such examination.

HISTORY: Ga. L. 1960, p. 1172, 1; Ga. L. 1964, p. 761, 1; Ga. L. 1968, p. 1213, 1; Ga. L. 1982, p. 3, 43; Ga. L. 2000, p. 1706, 19; Ga. L. 2007, p. 483, 1/SB 114; Ga. L. 2010, p. 266, 9/SB 195; Ga. L. 2014, p. 136, 1-1/HB 291.

43-1-10 Credit to veteran's grades when examination given in parts or by subject

If an examination given by a professional licensing board is required in parts or by subjects and the applicant is required to make a minimum grade on each of the parts or subjects, the points to which the applicant is entitled shall be added to the grade made on each part or subject before the average of his or her grade on all of the parts or subjects is determined.

HISTORY: Ga. L. 1960, p. 1172, 2; Ga. L. 2000, p. 1706, 19; Ga. L. 2010, p. 266, 10/SB 195.

43-1-11 Veteran's examination to be graded prior to determination of eligibility for credit
A person grading an examination required by a professional licensing board shall first grade the examination without reference to veteran credit, determining thereafter from the proof submitted whether an applicant is a veteran and is entitled to such credit; if so, the credit shall be added; and if after such addition the applicant equals or exceeds the grade required to pass the examination, the applicant shall be entitled to be certified as having passed the examination.

HISTORY: Ga. L. 1960, p. 1172, 3; Ga. L. 2000, p. 1706, 19; Ga. L. 2010, p. 266, 11/SB 195.

43-1-12 Duty of division director to inform applicants of availability of veteran credit; rules and regulations for implementing veteran credit program

It shall be the duty of the division director to inform applicants taking the examination of the provisions of Code Sections 43-1-9 through 43-1-11 and Code Section 43-1-13. The division director shall make such rules and regulations as are necessary in order to carry out the terms of Code Sections 43-1-9 through 43-1-11 and Code Section 43-1-13.

HISTORY: Ga. L. 1960, p. 1172, 4; Ga. L. 1981, p. 1898, 3; Ga. L. 1999, p. 81, 43; Ga. L. 2000, p. 1706, 19.

43-1-13 Inapplicability of veteran credit provisions to applicants who were not honorably discharged

The provisions of Code Sections 43-1-9 through 43-1-12 relating to points to be allowed to veterans shall apply to any applicant, male or female, who comes within the classes specified in those Code sections except that such provisions shall not apply in any instance to an applicant who has not been honorably discharged.

HISTORY: Ga. L. 1960, p. 1172, 5.

43-1-14 Authority of Governor to appoint qualified persons to professional licensing boards

The Governor is authorized to appoint any person who is otherwise qualified as provided by law to serve as a member of any professional licensing board for a regular term or for an unexpired term, notwithstanding the fact that the law creating such board requires the Governor to appoint members from a list of nominees submitted by a private organization or association.

HISTORY: Ga. L. 1980, p. 1162, 1; Ga. L. 2000, p. 1706, 19.

43-1-15 Itinerant entertainers

All carnivals, road shows, and tent shows and all other itinerant entertainment not presented within any regularly licensed theater, auditorium, or other building permitted to be used for the offering of entertainment for value shall, before opening to the public or offering any amusement, entertainment, or other service to the public for value within this state:
1. Designate a resident of this state as agent and lawful attorney in fact upon whom may be served all summons or other lawful processes in any action or proceeding against such carnival, circus, road show, tent show, or other itinerant show or itinerant entertainment for any action arising as a result of its appearance in this state. The name and address of such resident agent shall be filed with the judge of the probate court of each county in which such carnival, circus, or show is to be held. If no resident agent has been designated, the Secretary of State shall become such agent with all the foregoing authority, and service of such process shall be made by serving a copy of the petition with process attached thereto on the Secretary of State or an employee in his office designated by the Secretary of State as an agent to receive service in his name, or his successor in office, along with a copy of the affidavit to be submitted to the court pursuant to this Code section, and such service shall be sufficient service upon any such carnival, circus, or show, provided that notice of such service and a copy of the petition and process are forthwith sent by registered or certified mail or statutory overnight delivery by the plaintiff or his agent to the defendant, if its address is known, and that the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and are filed with said summons, petition, and other papers in the case in the court in which the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section;
2. Secure an insurance policy or a bond, affording coverage to such carnival, circus, or show for the extent of its stay within this state, which insurance policy or bond shall be subject to any personal injury or death or property damages to the following limits:
  1. An indemnity bond subject to a limit of $100,000.00; or
  2. An insurance policy or public liability bond subject to a limit of $50,000.00 for personal injury or death or property damage sustained by any one person and subject to a limit of $100,000.00 for personal injuries or death or property damages sustained by two or more persons as a result of any one accident or event; and
3. File a copy of such insurance policy or bond with the judge of the probate court in the county where the carnival, circus, or show is to be held or with both the judge of the probate court and the Secretary of State. The Secretary of State is authorized and directed to issue, upon the request of any carnival, circus, or show filing a copy of such insurance policy or bond in his office, a certificate of filing, stating the coverage afforded by the policy or bond and the effective dates, which certificate may be filed with the judge of the probate court of the county where the carnival, circus, or show is to be held in lieu of a copy of the policy or bond. The Secretary of State is authorized to prescribe and require such terms and conditions in such policies as he may deem necessary or advisable to protect the interests of the public in carrying out the purposes of this Code section, and he is further authorized to prescribe and require use of a standard form of bond and policy for use under this Code section.
Any owner, manager, employee, or other person, excluding landowners on whose land a carnival, circus, road show, or itinerant show is operated, who shall cause or grant permission, either actual or constructive, to any carnival, circus, road show, tent show, or other itinerant show or itinerant entertainment or any part thereof to operate in violation of this Code section shall be guilty of a misdemeanor.

HISTORY: Ga. L. 1957, p. 406, 1, 2; Ga. L. 1959, p. 106, 1; Ga. L. 1959, p. 160, 1; Ga. L. 1965, p. 235, 1; Ga. L. 1983, p. 1474, 3; Ga. L. 1984, p. 22, 43; Ga. L. 1989, p. 364, 3; Ga. L. 1994, p. 97, 43; Ga. L. 2000, p. 1589, 3.

43-1-16 Senate confirmation of appointments to professional licensing boards

Each person appointed by the Governor as a member of a professional licensing board shall be confirmed by the Senate; and any such appointment made when the Senate is not in session shall be effective until the appointment is acted upon by the Senate.

HISTORY: Code 1981, 43-1-16, enacted by Ga. L. 1984, p. 552, 1; Ga. L. 2000, p. 1706, 19.

43-1-17 Removal from office of member of a professional licensing board

The Governor, after notice and opportunity for hearing, may remove from office any member of a professional licensing board for any of the following:

Inability or neglect to perform the duties required of members;
Incompetence; or
Dishonest conduct.

HISTORY: Code 1981, 43-1-17, enacted by Ga. L. 1984, p. 552, 1; Ga. L. 2000, p. 1706, 19.

43-1-18 Eligibility of consumer members of professional licensing boards to vote on all matters

Without affecting the eligibility to vote of any other member of a professional licensing board, each consumer member of a professional licensing board shall be eligible to vote on all matters brought before that board.

HISTORY: Code 1981, 43-1-18, enacted by Ga. L. 1984, p. 552, 1; Ga. L. 2000, p. 1706, 19.

43-1-19 Grounds for refusing to grant or revoking licenses; application of Administrative Procedure Act; subpoena powers; disciplinary actions; judicial review; reinstatement; investigations; complaints; surrender; probationary license

A professional licensing board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, upon a finding by a majority of the entire board that the licensee or applicant has:
1. Failed to demonstrate the qualifications or standards for a license contained in this Code section, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires;
2. Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board;
3. Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph, paragraph (4) of this subsection, and subsection (q) of this Code section, the term "felony" shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph and subsection (q) of this Code section, the term "conviction" shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
4. 1. Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, when:
    1. A sentence for such offense was imposed pursuant to Article 3 of Chapter 8 of Title 42 or another state's first offender laws;
    2. A sentence for such offense was imposed pursuant to subsection (a) or (c) of Code Section 16-13-2;
    3. A sentence for such offense was imposed as a result of a plea of nolo contendere; or
    4. An adjudication of guilt or sentence was otherwise withheld or not entered on the charge.
  2. An order entered pursuant to subsection (a) or (c) of Code Section 16-13-2, Article 3 of Chapter 8 of Title 42, or another state's first offender treatment order shall be conclusive evidence of an arrest and sentencing for such offense;
5. Had his or her license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; had other disciplinary action taken against him or her by any such lawful licensing authority other than the board; was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings;
6. Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public that materially affects the fitness of the licensee or applicant to practice a business or profession licensed under this title or is of a nature likely to jeopardize the interest of the public; such conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Such conduct or practice shall also include any departure from, or the failure to conform to, the minimal reasonable standards of acceptable and prevailing practice of the business or profession licensed under this title;
7. Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by a professional licensing board to practice a business or profession licensed under this title or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;
8. Violated a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority without regard to whether the violation is criminally punishable when such statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this title and when the licensee or applicant knows or should know that such action violates such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement;
9. Been adjudged mentally incompetent by a court of competent jurisdiction within or outside this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for so long as the adjudication of incompetence is in effect;
10. Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material; or
11. Failed to comply with an order for child support as defined by Code Section 19-11-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the child support agency within the Department of Human Services indicating that the applicant or licensee has come into compliance with an order for child support so that a license may be issued or granted if all other conditions for licensure are met.
The provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," with respect to emergency action by a professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section.
For purposes of this Code section, a professional licensing board may obtain, through subpoena by the division director, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board.
When a professional licensing board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section or the laws, rules, or regulations relating to the business or profession licensed by the board, the board may take any one or more of the following actions:
1. Refuse to grant or renew a license to an applicant;
2. Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee;
3. Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of such license;
4. Limit or restrict any license as the board deems necessary for the protection of the public;
5. Revoke any license;
6. Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct;
7. Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the licensed business or profession; or
8. Impose on a licensee or applicant fees or charges in an amount necessary to reimburse the professional licensing board for the administrative and legal costs incurred by the board in conducting an investigative or disciplinary proceeding.
In addition to and in conjunction with the actions described in subsection (d) of this Code section, a professional licensing board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which may be vacated upon noncompliance with such reasonable terms as the board may impose.
Initial judicial review of a final decision of a professional licensing board shall be had solely in the superior court of the county of domicile of the board. The court may assess reasonable and necessary attorney's fees and expenses of litigation in any such review if, upon the motion of any party or the court itself, it finds that an attorney or any party aggrieved by an action of the board appealed such action of the board or any part thereof when such appeal lacked substantial justification or when such appeal or any part thereof was interposed for delay or harassment or if it finds that an attorney or aggrieved party unnecessarily expanded the proceeding by other improper conduct. As used in this subsection, the term "lacked substantial justification" means substantially frivolous, substantially groundless, or substantially vexatious.
In its discretion, a professional licensing board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this Code section or the laws relating to the licensed business or profession.
1. The division director is vested with the power and authority to make, or cause to be made through employees or agents of the division, such investigations as he or she or a respective board may deem necessary or proper for the enforcement of the provisions of this Code section and the laws relating to businesses and professions licensed by that board. Any person properly conducting an investigation on behalf of a professional licensing board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The division director or his or her appointed representative may issue subpoenas to compel access to any writing, document, or other material upon a determination that reasonable grounds exist for the belief that a violation of this Code section or any other law relating to the practice of the licensed business or profession subject to regulation or licensing by such board may have taken place.
2. The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority.
3. If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in his or her capacity as licensee shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a person who received those services shall be reviewed in camera and shall not be disclosed to the public.
4. The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant.
5. When a member of the public files a complaint with a professional licensing board or the division director against a licensee, within 30 days after the conclusion of the investigation of such complaint, the professional licensing board or the division director shall notify the complainant of the disposition of such complaint. Such notification shall include whether any action was taken by the board with regard to such complaint and the nature of such action. In addition, the division director and the board shall upon request by the complainant advise the complainant as to the status of the complaint during the period of time that such complaint is pending.
A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice a business or profession licensed under this title or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to a professional licensing board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice the business or profession licensed by the board shall be immune from civil and criminal liability for so testifying.
Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; notice and hearing within the meaning of such chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the licensee or applicant.
If any licensee or applicant after reasonable notice fails to appear at any hearing of the professional licensing board for that licensee or applicant, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee or applicant or served by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is served by certified mail or statutory overnight delivery and is returned marked "unclaimed" or "refused" or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the division director, or his or her designee, shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon that director, or that director's designee, shall be deemed to be service upon the licensee or applicant.
The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of such license, subject to reinstatement in the discretion of a board. A board may restore and reissue a license to practice under the law relating to that board and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the law relating to that board.
This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, limited liability companies, or other associations of any kind whatsoever.
Regulation by a professional licensing board of a business or profession licensed under this title shall not exempt that business or profession from regulation pursuant to any other applicable law, including but not limited to Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975."
Subsections (a), (d), and (e) of this Code section shall be supplemental to and shall not operate to prohibit any professional licensing board from acting pursuant to those provisions of law which may now or hereafter authorize other disciplinary grounds and actions for that particular board. In cases where those other provisions of law so authorize other disciplinary grounds and actions but subsection (a), (d), or (e) of this Code section limits such grounds or actions, those other provisions shall apply so long as the requirements of subsection (q) of this Code section are met.
1. Notwithstanding any other provision of this Code section or title, when an applicant submits his or her application for licensure or renewal, together with proof of completion of a drug court division as set forth in Code Section 15-1-15, a mental health court division as set forth in Code Section 15-1-16, a veterans court division as set forth in Code Section 15-1-17, an operating under the influence court division as set forth in Code Section 15-1-19, or a family treatment court division as set forth in Code Section 15-11-70, a board shall issue the applicant a probationary license under the terms and conditions deemed appropriate by such board.
2. Paragraph (1) of this subsection shall not supersede a board's consideration of an applicant's other prior criminal history or arrests or convictions that occur subsequent to completion of a court division identified in paragraph (1) of this subsection.
1. Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or any other provision of law, and unless a felony or crime involving moral turpitude directly relates to the occupation for which the license is sought or held, no professional licensing board shall refuse to grant a license to an applicant therefor or shall revoke the license of a person licensed by that board due solely or in part to such applicant'sor licensee's:
  1. Conviction of any felony or any crime involving moral turpitude, whether it occurred in the courts of this state or any other state, territory, or country or in the courts of the United States;
  2. Arrest, charge, and sentence for the commission of such offense;
  3. Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another state's first offender laws;
  4. Sentence for such offense pursuant to subsection (a) or (c) of Code Section 16-13-2;
  5. Sentence for such offense as a result of a plea of nolo contendere; or
  6. Adjudication of guilt or sentence was otherwise withheld or not entered.
2. In determining if a felony or crime involving moral turpitude directly relates to the occupation for which the license is sought or held, the professional licensing board shall consider:
  1. The nature and seriousness of such felony or crime involving moral turpitude and the relationsh of such felony or crime involving moral turpitude to the occupation for which the license is sought or held;
  2. The age of the individual at the time such felony or crime involving moral turpitude was committed;
  3. The length of time elapsed since such felony or crime involving moral turpitude was committed;
  4. All circumstances relative to such felony or crime involving moral turpitude, including, but not limited to, mitigating circumstances or social conditions surrounding the commission of such felony or crime involving moral turpitue; and
  5. Evidence of rehabilitation and present fitness to perform the duties of the occupation for which the license is sought or held.

HISTORY: Code 1981, 43-1-19, enacted by Ga. L. 1984, p. 552, 1; Ga. L. 1990, p. 1965, 2; Ga. L. 1993, p. 123, 4; Ga. L. 1994, p. 97, 43; Ga. L. 1996, p. 453, 13; Ga. L. 1996, p. 776, 1, 2; Ga. L. 1997, p. 677, 2; Ga. L. 1998, p. 1094, 10; Ga. L. 2000, p. 1589, 3; Ga. L. 2000, p. 1706, 6; Ga. L. 2003, p. 422, 1; Ga. L. 2009, p. 453, 2-2/HB 228; Ga. L. 2015, p. 519, 3-1/HB 328; Ga. L. 2016, p. 443, 10-1/SB 367; Ga. L. 2016, p. 846, 43/HB 737; Ga. L. 2018, p. 550, 2-20/SB 407; Ga. L. 2019, p.462, 1-11/SB 214.

43-1-19.1 Waiver of deductibles or copayments in health insurance plans; deceptive or misleading advertising

For the purposes of applicable provisions of Code Section 43-1-19, it shall be considered a deceptive or misleading practice for any person duly licensed and authorized to provide any type of health care services to advertise, as an inducement to attract patients, the waiver of a deductible or copayment required to be made to such person under the patient's health insurance policy or plan.
This Code section shall not apply to nonprofit community health centers which primarily serve indigent patients.
Notwithstanding the provisions of any other law of this Code to the contrary, it shall not be considered a misleading, fraudulent, or deceptive act for a provider to waive occasionally such a deductible or copayment required to be made under the patient's health insurance contract, policy, or plan if the waiver is authorized by the insurer or if the waiver is based on an evaluation of the individual patient and is not a regular business practice of the person providing the health care services.

HISTORY: Code 1981, 43-1-19.1, enacted by Ga. L. 1992, p. 2488, 1.

43-1-19.2 License applications to include questions on prior revocation or denial of license

Each application for a license to practice a profession or business to be issued by a professional licensing board or any agency of the state shall include a question as to whether the applicant for such license:

Has had revoked or suspended or otherwise sanctioned any license issued to the applicant by any board or agency in Georgia or any other state; or
Was denied issuance of or, pursuant to disciplinary proceedings, refused renewal of a license by any board or agency in Georgia or any other state.

The question shall be answered under oath and the answer shall include the name of the board or agency which revoked, suspended, denied, refused renewal of, or otherwise sanctioned the license.

HISTORY: Code 1981, 43-1-19.2, enacted by Ga. L. 1993, p. 427, 1; Ga. L. 2000, p. 1706, 19.

43-1-20 Actions to enjoin unlicensed practice

A professional licensing board, the division director, or the appropriate prosecuting attorney may bring an action to enjoin the unlicensed practice by any person of a profession or business required to be licensed by a professional licensing board. The action to restrain and enjoin such unlicensed practice shall be brought in the superior court of the county where the unlicensed person resides. It shall not be necessary to allege or prove that there is no adequate remedy at law to obtain an injunction under this Code section.

HISTORY: Code 1981, 43-1-20, enacted by Ga. L. 1984, p. 552, 1; Ga. L. 2000, p. 1706, 19.

43-1-20.1 Cease and desist orders against persons practicing without a license; fine for violating order

Notwithstanding any other provisions of the law to the contrary, after notice and hearing, a professional licensing board may issue a cease and desist order prohibiting any person from violating the provisions of this title by engaging in the practice of a business or profession without a license.
The violation of any cease and desist order of a professional licensing board issued under subsection (a) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $500.00 for each transaction constituting a violation thereof. Each day that a person practices in violation of this title shall constitute a separate violation.
Initial judicial review of the decision of the board entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the board.
Nothing in this Code section shall be construed to prohibit a professional licensing board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.

HISTORY: Code 1981, 43-1-20.1, enacted by Ga. L. 1986, p. 1155, 1; Ga. L. 1990, p. 1965, 3; Ga. L. 2000, p. 1706, 19.

43-1-21 Release of information regarding investigations

The division director is authorized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure by that board or licensee of that board notwithstanding the provisions of subsection (h) of Code Section 43-1-19 or any other law to the contrary regarding the confidentiality of that information. Nothing in this Code section or chapter shall be construed to prohibit or limit the authority of that director to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure by a professional licensing board.

HISTORY: Code 1981, 43-1-21, enacted by Ga. L. 1984, p. 552, 1; Ga. L. 1997, p. 677, 3; Ga. L. 2000, p. 1706, 7.

43-1-22 Inactive status licenses

The division director may provide for inactive status licenses for the various professional licensing boards.

HISTORY: Code 1981, 43-1-22, enacted by Ga. L. 1984, p. 552, 1; Ga. L. 2000, p. 1706, 8.

43-1-23 Exemption of licensees of professional licensing boards from filing with clerk of superior court

No licensee of a professional licensing board shall be required to file or record his license with the clerk of the superior court, and no clerk shall be required to report the filing or recordation of any such license.

HISTORY: Code 1981, 43-1-23, enacted by Ga. L. 1984, p. 552, 1; Ga. L. 2000, p. 1706, 19.

43-1-24 Licensed professionals subject to regulation by professional licensing board

Any person licensed by a professional licensing board and who practices a "profession," as defined in Chapter 7 of Title 14, the "Georgia Professional Corporation Act," or who renders "professional services," as defined in Chapter 10 of Title 14, "The Georgia Professional Association Act," whether such person is practicing or rendering services as a proprietorship, partnership, professional corporation, professional association, other corporation, limited liability company, or any other business entity, shall remain subject to regulation by that professional licensing board, and such practice or rendering of services in that business entity shall not change the law or existing standards applicable to the relationship between that person rendering a professional service and the person receiving such service, including but not limited to the rules of privileged communication and the contract, tort, and other legal liabilities and professional relationships between such persons.

HISTORY: Code 1981, 43-1-24, enacted by Ga. L. 1984, p. 552, 1; Ga. L. 1993, p. 123, 5; Ga. L. 1999, p. 81, 43; Ga. L. 2000, p. 1706, 19.

43-1-25 Authority of professional licensing boards to promulgate rules and regulations

Except as provided in subsection (o) of Code Section 43-1-19, Code Sections 43-1-16 through 43-1-24 shall apply to all professional licensing boards and licenses thereunder, except the Georgia Real Estate Commission and its licensees, notwithstanding any other law to the contrary, and each such professional licensing board may promulgate rules and regulations to implement the authority provided by the applicability of said provisions to said boards.

HISTORY: Code 1981, 43-1-25, enacted by Ga. L. 1984, p. 552, 1; Ga. L. 2000, p. 1706, 19.

43-1-26 Exemption of credentialed persons from licensure, registration, or certification in the state in connection with the Olympic and Paralympic Games; conditions and limitations; consent for certain medical services; automatic repeal

Reserved. Repealed by Ga. L. 1994, p. 480, 1, effective December 31, 1996.

43-1-27 Licensee required to notify licensing authority of felony conviction

Any licensed individual who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony as defined in paragraph (3) of subsection (a) of Code Section 43-1-19 shall be required to notify the appropriate licensing authority of the conviction within ten days of the conviction. The failure of a licensed individual to notify the appropriate licensing authority of a conviction shall be considered grounds for revocation of his or her license, permit, registration, certification, or other authorization to conduct a licensed profession.

HISTORY: Code 1981, 43-1-27, enacted by Ga. L. 1996, p. 776, 3.

43-1-28 Volunteers in health care specialties

This Code section shall be known and may be cited as the "Georgia Volunteers in Health Care Specialties Act."
As used in this Code section, the term:
1. "Health care board" means that professional licensing board which licenses a health care practitioner under this title.
2. "Health care practitioner" means a chiropractor, registered professional nurse, podiatrist, optometrist, professional counselor, social worker, marriage and family therapist, occupational therapist, physical therapist, physician assistant, licensed practical nurse, certified nurse midwife, pharmacist, speech-language pathologist, audiologist, psychologist, or dietitian.
3. "Health care specialty" means the practice of chiropractic, nursing, podiatry, optometry, professional counseling, social work, marriage and family therapy, occupational therapy, physical therapy, physician assistance, midwifery, pharmacy, speech-language pathology, audiology, psychology, or dietetics.
4. "Unrestricted" means that no restrictions have been placed on a health care practitioner's license by a health care board, no sanctions or disciplinary actions have been imposed by a health care board on a health care practitioner, and a health care practitioner is not under probation or suspension by a health care board.
Notwithstanding any other provision of law, each health care board shall issue a special license to qualifying health care practitioners whose health care specialty is licensed by that board under the terms and conditions set forth in this Code section. The special license shall only be issued to a person who:
1. Is currently licensed to practice the applicable health care specialty in any health care specialty licensing jurisdiction in the United States and whose license is unrestricted and in good standing; or
2. Is retired from the practice of the health care specialty or, in the case of a physician assistant, has an inactive license and is not currently engaged in such practice either full time or part time and has, prior to retirement or attaining inactive status, maintained full licensure unrestricted in good standing in the applicable health care specialty licensing jurisdiction in the United States.
The special licensee shall be permitted to practice the health care specialty only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide health care specialty services only to indigent patients in areas which are underserved by that specialty or critical need population areas of the state, as determined by the board which licenses that specialty, or pursuant to Article 8 of Chapter 8 of Title 31.
The person applying for the special license under this Code section shall submit to the appropriate health care board a copy of his or her health care specialty degree, a copy of his or her health care specialty license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, association, or health care program on a form prescribed by that board, whereby he or she agrees unequivocally not to receive compensation for any health care specialty services he or she may render while in possession of the special license.
Examinations by the health care board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section.
If, at the time application is made for the special license, the health care practitioner is not in compliance with the continuing education requirements established by the health care board for the applicable health care specialty, the health care practitioner shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license.
1. Except as provided for in paragraph (2) of this subsection, the liability of persons practicing a health care specialty under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1, except that a podiatrist engaged in such practice and an employer thereof shall have the same immunity from liability as provided other health care practitioners under Code Section 51-1-29.1.
2. The liability of persons practicing a health care specialty pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by the provisions of such article.
This Code section, being in derogation of the common law, shall be strictly construed.

HISTORY: Code 1981, 43-1-28, enacted by Ga. L. 2000, p. 1406, 1; Ga. L. 2002, p. 639, 1; Ga. L. 2005, p. 1493, 2/HB 166; Ga. L. 2008, p. 324, 43/SB 455; Ga. L. 2008, p. 354, 3/HB 1222; Ga. L. 2009, p. 859, 3/HB 509.

43-1-29 Suspension of license for nonpayment of student loans prohibited

A professional licensing board shall not suspend the license of a person licensed by that board because he or she is a borrower in default under the Georgia Higher Education Loan Program as determined by the Georgia Higher Education Assistance Corporation or because he or she has been certified by any entity of the federal governmen for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program.

HISTORY: Code 1981, 43-1-29, enacted by Ga. L. 2001, p. 1066, 1; Ga. L. 2019, p. 462, 1-12/SB 214.

43-1-30 Collection of work force and demographic data; procedure for collection and utilization

Reserved. Repealed by Ga. L. 2002, p. 615, 3, effective December 31, 2007.

43-1-31 Expiration of professional licenses of service members on active duty outside of state

As used in this Code section, the term "service member" means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer.
Any service member whose license to practice a profession issued pursuant to any provision of this title expired while such service member was serving on active duty outside the state shall be permitted to practice such profession in accordance with such expired license and shall not be charged with a violation of this title related to practicing a profession with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the applicable professional licensing board either a copy of the official military orders or a written verification signed by the service member's commanding officer to waive any charges.

HISTORY: Code 1981, 43-1-31, enacted by Ga. L. 2005, p. 213, 6/SB 258.

43-1-32 Limitations on licensure requirements for physicians and dentists; conditioning of licensing upon participation in public or private health insurance plans prohibited

State licensure requirements for physicians and dentists in this state shall be granted based on demonstrated skill and academic competence. Licensure approval for physicians and dentists in this state shall not be conditioned upon or related to participation in any public or private health insurance plan, public health care system, public service initiative, or emergency room coverage.
The Georgia Composite Medical Board and the Georgia Board of Dentistry shall be solely responsible for the licensure of physicians and dentists, respectively, in this state.

HISTORY: Code 1981, 43-1-32, enacted by Ga. L. 2012, p. 348, 1/HB 785.

43-1-33 Identification by health care practitioners to patients with regard to their license; short title; legislative findings; definitions; requirements for advertisements and signage; applicability; violations

This Act shall be known and may be cited as the "Consumer Information and Awareness Act."
The General Assembly hereby finds and declares that:
1. There are numerous professional degrees that include the term "doctor," such as Doctor of Medicine (M.D.); Doctor of Osteopathy (D.O.); Doctor of Dental Surgery (D.D.S.); Doctor of Dental Medicine (D.M.D.); Doctor of Podiatric Medicine (D.P.M.); Doctor of Optometry (O.D.); Doctor of Chiropractic (D.C.); registered professional nurses or advanced practice registered nurses nurse practitioners, clinical nurse specialists, certified nurse midwives, and certified nurse anesthetists) with doctorate degrees (D.N.P., D.N.S., Ph.D., or Ed.D.); audiologists with doctorate degrees (A.U.D.); speech-language pathologists with doctorate degrees (S.L.P.D. or Ph.D.); and other designations, which may be used by health care practitioners; and
2. Each health care professional receives education and training that qualifies them to provide general and specialized services respectively. This training is necessary to correctly detect, diagnose, prevent, and treat serious health conditions.
As used in this Code section, the term:
1. "Advertisement" means any communication or statement, whether printed, electronic, or verbal, that names a health care practitioner in relation to his or her practice, profession, or institution in which the practitioner is employed, volunteers, or otherwise provides health care services. This term includes business cards, letterhead, patient brochures, e-mail, Internet, audio, and video.
2. "Health care practice or facility" means a hospital, physician practice setting, nursing home, assisted living community, or personal care home.
3. "Health care practitioner" means a:
  1. Chiropractor licensed pursuant to Chapter 9 of this title;
  2. Professional counselor, social worker, or marriage and family therapist licensed pursuant to Chapter 10A of this title;
  3. Dentist licensed pursuant to Chapter 11 of this title;
  4. Dietitian licensed or registered pursuant to Chapter 11A of this title;
  5. Advanced practice registered nurse, including nurse practitioner, certified registered nurse anesthetist, certified nurse midwife, clinical nurse specialist, registered professional nurse, and licensed practical nurse, licensed or registered pursuant to Chapter 26 of this title;
  6. Occupational therapist licensed pursuant to Chapter 28 of this title;
  7. Optometrist licensed pursuant to Chapter 30 of this title;
  8. Physical therapist licensed pursuant to Chapter 33 of this title;
  9. Physician or osteopath licensed pursuant to Chapter 34 of this title;
  10. Physician assistant licensed pursuant to Chapter 34 of this title;
  11. Acupuncturist licensed pursuant to Chapter 34 of this title;
  12. Podiatrist licensed pursuant to Chapter 35 of this title;
  13. Psychologist licensed pursuant to Chapter 39 of this title;
  14. Audiologist or speech-language pathologist licensed pursuant to Chapter 44 of this title;
  15. Pharmacist licensed pursuant to Chapter 4 of Title 26;
  16. Ophthalmic technician;
  17. Medical assistant or certified nursing assistant; and
  18. Respiratory care professional certified pursuant to Article 6 of Chapter 34 of this title.
1. An advertisement by a health care practitioner shall identify the type of license the health care practitioner holds.
2. This subsection shall not apply to an advertisement by a health care practice or facility and shall not be construed to require any such practice or facility in which multiple health care practitioners are employed to list in an advertisement the name of every health care practitioner so employed by such practice or facility.
1. A health care practitioner providing services in this state in a health care practice or facility shall conspicuously post and affirmatively communicate the practitioner's specific licensure to all current and prospective patients as follows:
1. i. The health care practitioner shall wear an identifier during all patient encounters that shall include:
  1. The health care practitioner’s name; and
  2. The type of license or educational degree the health care practitioner holds.
  ii. The identifier shall be of sufficient size and be worn in a conspicuous manner so as to be visible and apparent. A lab coat or similar distinguishing clothing or uniform indicating the practitioner's specific licensure may be considered an identifier if such clothing or uniform meets the requirements of division (i) of this subparagraph.
  iii. An identifier shall not be required in an operating room or other setting where surgical or other invasive procedures are performed or in any other setting where maintaining a sterile environment is medically necessary.
  iv. An identifier shall not be required in any mental health setting where it would impede the psychotherapeutic relationship.
  v. If a safety or health risk to the health care practitioner or a patient would be created as a result of the practitioner wearing such identifier in a specified practice setting, an identifier shall not be required or may be modified by omitting or concealing the last name of the practitioner in accordance with the requirements of the health care practice or facility; and
2. i. A health care practitioner in a health care practice or facility other than a hospital shall display in the reception area of such practice or facility a notice that clearly identifies the type of health care practitioners employed in such practice or facility and the right of a patient to inquire as to the type of license of the health care practitioner treating such patient. The notice shall be of sufficient size so as to be visible and apparent to all current and prospective patients.
  ii. A health care practitioner who practices in more than one office shall place the identifier information conspicuously on such practitioner's website if he or she maintains a website.
  iii. A health care practitioner who practices in a nonpatient care setting and who does not have any direct patient care interactions shall not be subject to the provisions of this subsection.
  iv. A health care practice or facility which requires, as of the effective date of this Code section, its health care practitioners to wear an identification badge shall not be required to replace such badges to conform to the requirements of subparagraph (A) of paragraph (1) of this subsection.
  v. Except as otherwise provided by paragraph (6) of this subsection, this subsection shall only apply to health care practices and facilities where more than one type of health care practitioner interacts with patients in exam settings. This subsection shall not apply to health care practices or facilities in which only one type of health care practitioner practices.
  vi. This subsection shall only apply to a dentist if such dentist is practicing in a hospital. This subsection shall only apply to a chiropractor or optometrist if such chiropractor or optometrist is practicing in a hospital, nursing home, assisted living community, or personal care home.
A health care practitioner who intentionally violates any provision of this Code section may be subject to disciplinary action by the health care practitioner's professional licensing board. Notwithstanding the imposition of any sanction, the health care practitioner's professional licensing board may seek an injunction or other legal means as appropriate against such health care practitioner violating this Code section.
A violation of this Code section shall not constitute a private cause of action.

HISTORY: Code 1981, 43-1-33, enacted by Ga. L. 2015, p. 1309, 1/HB 416.

43-1-34 Military spouses and veterans licensure

As used in this Code section, the term:
1. "License" means a document, permit, certificate of registration, or other authorization issued by or on behalf of a professional licensing board or other board that is required under this title for a person to engage in a profession, business, or trade.
2. "Military" means the United States armed forces, including the National Guard.
3. "Military spouse" means a spouse of a service member or transitioning service member.
4. "Other board" means a board created pursuant to this title that is not a professional licensing board.
5. "Service member" means an active or reserve member of the armed forces, including the National Guard.
6. "Transitioning service memer" means a member of the military on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation.
No later than July 1, 2017, each professional licensing board and other board shall adopt rules and regulations implementing a process by which military spouses and transitioning service members may qualify for temporary licenses, licensed by endorsement, expedited licenses, or a combination therefor for each profession, business, or trade for which a license is issued. Such process may include the issuance of a license to an applicant based upon such applicant:
1. Holding a license from another state for which the training, experience, and testing substantially meet or exceed the requirements under this state to obtain a license; and
2. Obtaining a specialty, certification, training, or experience in the military while a service member which substantially meets or exceeds the requirements to obtain a license in this state.
Any professional licensing board or other board created after June 30, 2016, shall adopt within one year of its creation the rules and regulations required by subsection (b) of this Code section.

HISTORY: Code 1981, 43-1-34, enacted by Ga. L. 2016, p. 428, 2/HB 821.