§ 43-1-31. Expiration of Professional Licenses of Service Members on Active Duty Outside of State 1. 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. 2. 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. § 43-1-32. Limitations on Licensure Requirements for Physicians and Dentists;Conditioning of Licensing Upon Participation in Public or Private Health Insurance Plans Prohibited 1. 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. 2. 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. § 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 1. This Act shall be known and may be cited as the “Consumer Information and Awareness Act.“ 2. The General Assembly hereby finds and declares that: a. 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 practicer 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 b. 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. 3. As used in this Code section, the term: a. “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
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. 3. The special licensee shall be permitted to practice the health care specialty only in the non-compensated 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 under served 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. 4. 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 healthcare 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. 5. 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. 6. 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 incompliance 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. 7. This Code section, being in derogation of the common law, shall be strictly construed. § 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 government for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program. § 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.
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