§ 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. § 43-1-20.1. Cease and Desist Orders Against Persons Practicing Without a License; Fine for Violating Order A. 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. B. 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. C. 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. D. 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. § 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. § 43-1-22. Inactive Status Licenses The division director may provide for inactive status licenses for the various professional licensing boards. § 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. § 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. § 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. § 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. § 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.“ 1. 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 healthcare practitioner is not under probation or suspension by a health care board. 2. 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
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