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Business Law

HB 239 - Business Courts

Georgia voters passed a constitutional amendment in November 2018, endorsing the establishment of a state-wide business court. The Act serves as the enabling legislation for the state-wide business court’s creation and implementation. Among other provisions, the Act provides the court’s location alternatives, jurisdictional limitations, filing fee, amount in

Bareboat Charters: Can a Shipowner Limit Liability to Third Parties? Answers for Owners Attempting to Navigate the Unsettled Waters in the Eleventh Circuit

A bareboat charter is a contractual agreement akin to the lease of a vessel whereby most of the “customary liabilities” of the owner are shifted to the charterer. Some courts have raised concerns over bareboat charters—also referred to as a demise charter—regarding the ability of owners to use

PROFESSIONS AND BUSINESSES Georgia Athletic and Entertainment Commission: Amend Articles 1 and 2 of Chapter 4B of Title 43 of the Official Code of Georgia Annotated, Relating to Professions and Businesses, so as to Substantially and Comprehensively Re...

The bill attempts to substantially revise the provisions regarding the licensure and regulation of boxing, wrestling and martial arts. The primary goal of the bill is to clear up ambiguity regarding the authority and jurisdiction of the Georgia Athletic and Entertainment Commission and to provide for clear penalties, standards and

PROFESSIONS AND BUSINESS Registration of Immigration Assistance: Enact the "Georgia Security and Immigration Compliance Act"; Provide that it shall be Unlawful to Traffic a Person for Labor or Sexual Servitude; Provide for Valid Identification Documen...

The Act requires the State and local governments to use the Systematic Alien Verification of Entitlement (SAVE) program operated by the U.S. Department of Homeland Security to verify the lawful presence of anyone 18 or older who applies for taxpayer-funded benefits. The Act requires the State and local governments

COMMERCE AND TRADE Selling and Other Trade Practices: Prohibit Nonlocal Businesses from Listing a Local Telephone Number Under Certain Circumstances; Prohibit Certain Practices Relating to Telemarketing Transactions; Provide for Civil and Criminal Pena...

The Act generally addresses deceptive and fraudulent practices involved in telemarketing transactions. It prohibits nonlocal businesses from listing a local telephone number in any nonclassified local directory without also listing their nonlocal address when calls are routinely forwarded to the nonlocal address. The Act also prohibits telemarketers from engaging in

PROFESSIONS AND BUSINESSES Physicians, Physician's Assistants, and Respiratory Care: Allow Access to Experimental or Nonconventional Methods of Medical Treatment

The Act relates to the licensure of medical practice and provides individuals the right to be provided with any medical treatment desired or authorized under certain conditions. The Act specifically authorizes treatment that is experimental or nonconventional. A person licensed to practice medicine is given immunity from disciplinary actions that

PROFESSIONS AND BUSINESSES Physicians, Physician's Assistants, and Respiratory Care: Authorize Prescription of Certain Controlled Substances and Medical Devices by Physician's Assistants

The Act allows physician’s assistants to prescribe certain controlled substances pursuant to authority delegated by their supervising physician. The Act establishes requirements for both the physician’s assistant and the supervising physician in prescribing controlled substances. Additionally, the Act provides that there shall be no

PROFESSIONS AND BUSINESSES Real Estate Appraisers: Authorize Board of Appraisers to Issue Temporary Practice Permits for a Single Federally Related Transaction; Prohibit Appraisers from Giving Oral Appraisals of Federally Related Transaction; Prohibit ...

The Act authorizes the Georgia Board of Real Estate Appraisers (the Board) to issue temporary practice permits to appraisers classified outside the state. This authorization brings Georgia legislation in line with federal regulations. The Act further amends the original code section by adding two new violations to the list of

PROFESSIONS AND BUSINESSES Real Estate Brokers and Salespersons: Require Real Estate Brokers to Pay Commission Only to Licensees Who Have Assigned Their License to the Broker's Firm; Ensure a Qualified Broker Will Be Responsible in All Real Estate Busi...

The Act provides procedures for ensuring that real estate brokerage firms will not pay compensation to a licensed broker unless the broker is assigned to the firm prior to the transaction. The Act requires each brokerage firm to be managed by a real estate broker or qualifying real estate broker

PROFESSIONS AND BUSINESSES Patient Self-Referral: Expand Definition of Designated Health Services to Include Certain Services

The Act modifies the definition of the term designated health services within the Patient Self-Referral Act of 1993 to include durable medical equipment, home infusion therapy services, and home health care services. A transition period extending until January 1, 1995 is provided for those investment interests acquired before July 1,

PROFESSIONS AND BUSINESSES Professional Counselors: Provide Exemption from Licensing Requirements for Certain Addiction Counselors Certified by Certain Private Associations

The Act provides a licensing exemption for certain addiction counselors who are certified by certain private associations. The Act also limits the scope of practice of exempted addiction counselors and restricts their activities to those conducted under the supervision of certified addiction counselors. Download PDF

PROFESSIONS AND BUSINESSES Patient Self-Referral: Prohibit Referral of Patients by Health Care Providers to Entities in Which the Provider Holds an Investment Interest

The Act prohibits a health care provider from referring a patient to an entity providing health care services when the referring provider holds an investment interest in that entity. A transition period extending until July 1, 1996 is provided for those investment interests acquired prior to July 1. 1993. During