Current through 2023-2024 Legislative Session Chapters 1-496, 504, 505, 514, 516-545, 549, 550, 566, 570, 571, 578, 580, 586, 590-592, 594, 595, 604, 609, 612, 696, 697
Section 43-1-34 - [Effective 1/1/2025] Licenses for transitioning members of the armed forces(a) 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) "Other board" means a board created pursuant to this title that is not a professional licensing board.(4) "Other state" means a state of the United States and shall also include the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.(5) "Service member" means an active or reserve member of the armed forces, including the National Guard.(6) "Transitioning service member" 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.(b) No later than July 1, 2017, each professional licensing board and other board shall adopt rules and regulations implementing a process by which transitioning service members may qualify for temporary licenses, licenses by endorsement, expedited licenses, or a combination thereof 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.(c) 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.(d)(1) The spouse of a service member or of a transitioning service member may, while such service member or transitioning service member is stationed in this state, engage in the practice of his or her occupation or profession, subject to the circumstances and limitations described herein, without being licensed by the applicable professional licensing board or other board when:(A) The spouse holds a current and valid license to practice a regulated occupation or profession issued by any other state;(B) The spouse is in good standing in such other state of licensure;(C) The spouse has filed an application for an expedited license by endorsement pursuant to subsection (b) of Code Section 43-1-35along with all of the information and documents that show that such spouse meets the requirements of that subsection, including, but not limited to, the information and documents necessary for verification under Code Section 50-36-1 and the military orders of the service member or transitioning service member. Such application may be filed prior to the service member or transitioning service member being stationed in this state, provided that the military orders have been received;(D) The spouse is hired by an in-state employer who may lawfully hire such spouse to engage in such occupation or profession; and(E) Prior to hiring the spouse, the in-state employer verifies that such spouse maintains the out-of-state license in good standing and has filed an application for an expedited license by endorsement as required under subparagraph (C) of this paragraph.(2)(A) If the spouse who otherwise meets the requirements of this Code section is not issued an expedited license by endorsement within 30 days of the spouse filing such application in accordance with subparagraph (C) of paragraph (1) of this subsection, then such spouse may continue to work for any in-state employer without being licensed for such occupation or profession by a professional licensing board or other board.(B) If the spouse is denied an expedited license by endorsement under Code Section 43-1-35, such spouse shall no longer qualify under this subsection to engage in the practice of his or her occupation or profession in this state without being licensed by a professional licensing board or other board.(3) The relevant professional licensing board or other board may, at its discretion, investigate any person exempted from licensure under this subsection and, in accordance with the license revocation procedures of such professional licensing board or other board used to revoke the license of a licensee, revoke any such person's exemption from licensure upon a determination that such person: (A) Has violated any of the recognized standards of the regulated occupation or profession; or(B) Knowingly made any misleading, deceptive, untrue, or fraudulent representations in seeking to qualify for such exemption or in filing any application with such professional licensing board or other board.(4) Each professional licensing board and other board may adopt rules and regulations that may be necessary to implement and carry out the provisions of this subsection.Amended by 2024 Ga. Laws 485,§ 1, eff. 1/1/2025.Amended by 2020 Ga. Laws 607,§ 1, eff. 1/1/2021.Added by 2016 Ga. Laws 452,§ 2, eff. 7/1/2016.This section is set out more than once due to postponed, multiple, or conflicting amendments.