Definitions

(a) As used in this article, the term: (1) “Controlled substance” means any drug, substance, or immediate precursor included in the definition of the term “controlled substance” in paragraph (4) of Code Section 16-13-21. (2) “Convicted” or “conviction” refers to a final conviction in a court of competent jurisdiction, or the acceptance of a plea of guilty or nolo contendere or affording of first offender treatment by a court of competent jurisdiction. (3) “Licensed individual” means any individual to whom any department, agency, board, bureau, or other entity of state govern691 16-13-111 ment has issued any license, permit, registration, certification, or other authorization to conduct a licensed occupation. (4) “Licensed occupation” means any occupation, profession, business, trade, or other commercial activity which requires for its lawful conduct the issuance to an individual of any license, permit, registration, certification, or other authorization by any department, agency, board, bureau, or other entity of state government. (5) “Licensing authority” means any department, agency, board, bureau, or other entity of state government which issues to individuals any license, permit, registration, certification, or other authorization to conduct a licensed occupation. (6) “Marijuana” means any substance included in the definition of the term “marijuana” in paragraph (16) of Code Section 16-13-21. (b) Without limiting the generality of the provisions of subsection (a) of this Code section, the practice of law shall constitute a licensed occupation for purposes of this article and the Supreme Court of Georgia shall be the licensing authority for the practice of law. History. Code 1981, § 16-13-110, enacted by Ga. L. 1990, p. 2009, § 1. 16-13-111. Notification of conviction of licensed individual to licensing authority; reinstatement of license; imposition of more stringent sanctions. (a) Any licensed individual who is convicted under the laws of this state, the United States, or any other state of any criminal offense involving the manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana shall notify the appropriate licensing authority of the conviction within ten days following the conviction. (b) Upon being notified of a conviction of a licensed individual, the appropriate licensing authority shall suspend or revoke the license, permit, registration, certification, or other authorization to conduct a licensed occupation of such individual as follows: (1) Upon the first conviction, the licensed individual shall have his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation suspended for a period of not less than three months; provided, however, that in the case of a first conviction for a misdemeanor the licensing authority shall be authorized to impose a lesser sanction or no sanction upon the licensed individual; and (2) Upon the second or subsequent conviction, the licensed indi692 16-13-113 vidual shall have his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation revoked. (c) The failure of a licensed individual to notify the appropriate licensing authority of a conviction as required in subsection (a) of this Code section shall be considered grounds for revocation of his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation. (d) A licensed individual sanctioned under subsection (b) or (c) of this Code section may be entitled to reinstatement of his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation upon successful completion of a drug abuse treatment and education program approved by the licensing authority. (e) The suspension and revocation sanctions prescribed in this Code section are intended as minimum sanctions, and nothing in this Code section shall be construed to prohibit any licensing authority from establishing and implementing additional or more stringent sanctions for criminal offenses and other conduct involving the unlawful manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana. History. Code 1981, § 16-13-111, enacted by Ga. L. 1990, p. 2009, § 1.