Staff Analysis of the Legislation
|
HB 952 seeks to amend Title 43 of the O.C.G.A., relating
to professions and business. It creates a new Chapter 1C, also known as the
“Georgia Professional Regulation Reform Act.” Using the standards from N.C.
State Bd. Of Dental Exam’rs v. FTC, 135
S. Ct. 1101 (2015), the bill delineates under which circumstances state
professional licensing boards and board members are entitled to antitrust
immunity, including: that their anticompetitive conduct is consistent with
“clearly articulated” state policy; the state provides “active supervision” of
their conduct. The Governor is
granted authority to actively supervise the boards, which duties are: review,
and in writing, approve or veto any rule before it is filed in the Secretary’s
office or before such rule becomes effective; review, and in writing, approve
or veto any rule that is challenged via an appeal to the Governor after denial of a petition filed or
any rule that is submitted by a professional licensing board for review by
the Governor; review and, in writing, approve, remand, modify, or reverse
any action by the board that is challenged via an appeal or submitted by a
board for review by the Governor; promulgate any relations necessary to
effectuate the provisions of this chapter. Such actions must be fully completed
within 90 days. |