Bill Text: GA HB509 | 2009-2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Professions and businesses; regulation; change provisions
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2009-05-11 - Act 243 [HB509 Detail]
Download: Georgia-2009-HB509-Comm_Sub.html
Bill Title: Professions and businesses; regulation; change provisions
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2009-05-11 - Act 243 [HB509 Detail]
Download: Georgia-2009-HB509-Comm_Sub.html
09 LC 33
3037S
House
Bill 509 (COMMITTEE SUBSTITUTE)
By:
Representatives Cooper of the
41st,
Rice of the
51st,
Lindsey of the
54th,
Channell of the
116th,
Lunsford of the
110th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 43 of the Official Code of Georgia Annotated, relating to
professions and businesses, so as to change provisions relating to the
regulation of physicians, acupuncture, physician's assistants, cancer and
glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and
prosthetics practice; to provide for comprehensive revision to the regulation of
such professions; to provide for definitions; to establish the Georgia Composite
Medical Board to regulate physicians, acupuncturists, physician assistants,
cancer and glaucoma treatment, respiratory care practice, clinical
perfusionists, orthotics and prosthetics, and cosmetic laser services; to
provide for the process of selection and removal to and from the board; to
provide for the powers and duties of the board; to provide for the requirement
of an oath of office for board members; to provide for the election of officers
of the board; to provide for allowances for the board members; to provide for a
chairperson of the board; to provide for powers and duties of the chairperson;
to provide for peer review of certain medical professionals; to require
individuals regulated under Chapter 34 of said title to notify the board upon
the conviction of a felony; to provide for the suspension and reinstatement
under certain circumstances of a license, permit, or certificate granted under
Chapter 34; to provide for the renewal of a license, permit, or certificate
granted under Chapter 34; to provide for a short title; to provide for
legislative intent; to provide that a license is required to practice medicine;
to provide for certain standards, conditions, and requirements to practice
medicine; to provide for the delegation of certain duties from physicians to
nurses or physician assistants; to provide penalties for practicing medicine
without a license; to require a license to practice acupuncture; to provide
certain standards, conditions, and requirements to practice acupuncture; to
provide for a penalty for practicing acupuncture without a license; to require a
license to act as a physician assistant; to provide certain standards,
conditions, and requirements prior to licensure as a physician assistant; to
provide for certain responsibilities for physician assistants; to provide for
the review of physician assistants; to require certification to practice
respiratory care; to provide certain standards, conditions, and requirements
prior to certification as a respiratory therapist; to provide a penalty for
practicing respiratory care without certification; to require a license to act
as a clinical perfusionist; to provide for a temporary license to act as a
clinical perfusionist; to provide for certain standards, conditions, and
requirements prior to licensure as a clinical perfusionist; to provide a penalty
for acting as a clinical perfusionist without a license; to require a license to
practice orthotics and prosthetics; to provide for certain standards,
conditions, and requirements prior to licensure to practice orthotics and
prosthetics; to provide for a penalty for practicing orthotics and prosthetics
without a license; to revise laws relating to cosmetic laser services; to amend
various other titles of the Official Code of Georgia Annotated for purposes of
conformity; to provide that a physician assistant can make a pronouncement of
death under certain circumstances for purposes of vital records; to provide for
related matters; to provide for a contingency and effective dates; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses is amended by revising Chapter 34 as follows:
"CHAPTER
34
ARTICLE 1
ARTICLE 1
43-34-1.
Reserved.
As
used in this chapter, the term:
(1)
'Board' means the Georgia Composite Medical Board.
(2)
'Physician' means a person licensed to practice medicine pursuant to Article 2
of this chapter.
(3)
'To practice medicine,' 'the practice of medicine,' or 'practicing medicine'
shall have the same meaning as in paragraph (3) of Code Section
43-34-22.
43-34-2.
Reserved.
43-34-21
43-34-2.
(a)
A board is established to be known as the
Composite
State Board of Medical Examiners
Georgia
Composite Medical Board.
All members
of the board
The board
shall be composed of 15 members, all of
whom shall be citizens of the United
States and residents of this state. All appointments to the board shall be made
by the Governor and confirmed by the Senate.
(b)
Twelve
Thirteen
of the members shall be
actively
practicing physicians of integrity and ability and shall
be duly
licensed
hold
unrestricted licenses to practice
medicine
in this state.
Ten
Eleven
of the
12
13
physician members shall be graduates of reputable medical schools conferring the
M.D. degree; the other two physician members shall be graduates of reputable
osteopathic
medical
schools conferring the D.O. degree. All of the physician members shall have
been engaged in the active practice of their profession within this state for a
period of at least five years
prior to their
appointment. Any vacancy occurring in a
post held by a holder of the D.O. degree shall be filled by a D.O.
from the
state at large
and any
vacancy occurring in a post held by an M.D. degree shall be filled by an
M.D.
(c)
The
thirteenth
member of the board shall be appointed from the state at large
and
fourteenth and
fifteenth members of the board shall have
no connection whatsoever with the practice of medicine
and shall be
eligible to vote on all matters brought before the
board.
(d)
The board
shall perform such duties and possess and exercise such powers relative to the
protection of the public health and the control of regulation of the practice of
medicine and osteopathy as this chapter prescribes and confers upon it and shall
have the power to carry out investigations, either through the executive
director or independently; provided, however, that the member of the board who
is not a practicing physician may vote only on matters relating to
administration and policy which do not directly relate to practical and
scientific examination of physicians in this
state.
Any member of
the board may be removed from his or her position and generate an open position
on the board:
(1)
By a majority vote of the members of the board if a member of the board misses
three or more consecutive meetings or misses more than one-third of all meetings
including meetings conducted by teleconference, without a valid medical reason
or reasons deemed excusable, which removal shall not be effective unless
approved by the Governor; or
(2)
By the Governor if the board member:
(A)
Has willfully neglected his or her duty as a board member;
(B)
Has been convicted of a crime involving moral turpitude;
(C)
Has been convicted of a felony;
(D)
Is no longer in the active practice of medicine, if a physician
member;
(E)
Is no longer a resident of the State of Georgia; or
(F)
Has received any restriction of his or her medical license in Georgia or any
other state, if a physician member.
(e)(1)
The board shall appoint a
Physician's
Physician
Assistants Advisory Committee composed of four physicians, at least two of whom
shall be members of the board, and four licensed
physician's
physician
assistants, who shall each serve for terms of office of two years and until
their successors are appointed and qualified. The committee shall review matters
to come before the board which relate to
physician's
physician
assistants, including but not limited to applicants for
physician's
physician
assistant licensure and relicensure and education requirements therefor, and
proposed board regulations concerning
physician's
physician
assistants. The committee shall periodically make recommendations to the board
regarding matters reviewed. Each member of the advisory committee shall be
entitled to the same expense allowances, mileage allowances, and reimbursement
as members of the board as provided
for in
subsection (f) of Code Section 43-1-2
for in this
chapter.
(2)
The committee shall appoint a
physician's
physician
assistant in an advisory capacity to the board. The advisory person shall serve
at the pleasure of the committee as an ex officio adviser to the board in all
matters relating to
physician's
physician
assistants and shall share in the privileges and benefits of the board without a
vote.
(f)
The board shall
examine
applicants to test their
review
applicants' qualifications
to practice
medicine
for licensure,
certification, or permitting pursuant to this
chapter.
(g)
When funds are specifically appropriated for such purpose, the board shall
publish an informational booklet on breast cancer and the treatment of breast
cancer. The booklet shall contain a summary of the latest information on breast
cancer and, in brief form, shall discuss the generally accepted and widely
prevailing medical and surgical treatments for breast cancer. The booklet shall
include a valid assessment of the relative risks and benefits of the accepted
and widely prevailing methods of treatment. A copy of the booklet shall be made
available by the board to every appropriate physician in the state. A letter by
the board shall accompany this booklet stating that the board urges the
physician to distribute a copy of the booklet to each and every patient whose
suspected disease, disease, or course of treatment is covered by the material in
the booklet. Copies shall also be available to any person upon request at a fee
prescribed by the executive director sufficient to cover the cost of printing
and distribution. The booklet shall be updated and redistributed at such times
as the board shall deem necessary.
(h)(g)
The board shall have the authority to contract with medical associations or
other professionally qualified organizations to conduct impaired physicians
programs.
43-34-22
43-34-3.
The
terms of office of members of the Composite State Board of Medical Examiners in
office on June 30, 1999, shall expire July 1, 1999, except that the Governor by
executive order may provide that such terms expire after July 1, 1999, but no
later than July 1, 2000, and upon the appointment and qualification of their
respective successors. Those successors shall be appointed by the Governor for
terms of office beginning on the later of July 1, 1999, or the date immediately
following the expiration of the terms of office of those members in office on
June 30, 1999, with four of such successors to have initial terms of one year,
four of such successors to have initial terms of two years, and five of such
successors to have initial terms of three years. The Governor shall specify the
initial terms of office for each of those successors at the time of their
appointment. Upon the expiration of such initial terms, successors to members of
the board whose terms of office expire shall serve for terms of four years
each.
(a)
The members of the Composite State Board of Medical Examiners, now known as the
Georgia Composite Medical Board, in office on June 30, 2009, shall continue to
serve out their respective terms and until their respective successors are
appointed and qualified. The two new board members added as of July 1, 2009,
pursuant to Code Section 43-34-2 shall be appointed by the Governor to serve as
members of the board for terms of office beginning on July 1, 2009. The terms of
office of the two new members shall be for two years and three years,
respectively, with the Governor to specify the initial term of office for each
new member at the time of his or her appointment. Upon the expiration of such
initial terms, successors to such members of the board whose terms of office
expire shall serve for terms of four years
each.
(b)
Terms of office of members of the board shall be four
years. Members of the board shall serve
for the terms specified and until their respective successors are appointed and
qualified. All reappointments and new appointments shall be made so that the
various geographic regions of the state shall be represented. Any vacancy that
may occur in the board as a result of death, resignation,
removal
relocation
from the state, or other cause shall be filled for the unexpired term in the
same manner as regular appointments are made.
43-34-23
43-34-4.
Immediately
and before entering upon the duties of office, the members of the board shall
take the constitutional oath of office and shall file the same in the office of
the Governor, who, upon receiving the oath of office, shall issue to each member
a certificate of appointment.
43-34-24
43-34-5.
(a)
Immediately
after the appointment and qualification of the members,
the
The
board shall meet
and
organize and shall
annually
elect a
president
and vice-president
chairperson
and vice chairperson. Each member of the
board shall
be reimbursed as provided for in subsection (f) of Code Section
43-1-2
may receive
the expense allowance as provided by subsection (b) of Code Section 45-7-21 and
the same mileage allowance for the use of a personal car as that received by
other state officials and employees or a travel allowance of actual
transportation cost if traveling by public carrier within the state. Each board
member shall also be reimbursed for any conference or meeting registration fee
incurred in the performance of his or her duties as a board member. For each
day's service outside of the state as a board member, such member shall receive
actual expenses as an expense allowance as well as the mileage allowance for the
use of a personal car equal to that received by other state officials and
employees or a travel allowance of actual transportation cost if traveling by
public carrier or by rental motor vehicle. Expense vouchers submitted by board
members are subject to approval of the chairperson and executive director.
Out-of-state travel by board members must be approved by the board chairperson
and the executive director.
(b)
The board shall hold
two
regular meetings each
year, one
in May or June and one in October
month, unless
in the discretion of the chairperson it is deemed unnecessary for a particular
month. Called meetings may be held at the
discretion of the
president.
The board shall adopt a seal, which must be affixed to all licenses issued by
the board
chairperson.
(c)
The board shall
from time
to time adopt such rules and regulations as it may deem necessary for the
performance of its duties and shall examine and pass upon the qualifications of
applicants for the practice of medicine
have the
following powers and duties:
(1)
To adopt, amend, and repeal such rules and regulations in accordance with this
chapter necessary for the proper administration and enforcement of this
chapter;
(2)
To adopt a seal by which the board shall authenticate the acts of the
board;
(3)
To establish a pool of qualified physicians to act as peer reviewers and expert
witnesses and to appoint or contract with physicians professionally qualified by
education and training, medical associations, or other professionally qualified
organizations to serve as peer reviewers; provided, however, that no licensing,
investigative, or disciplinary duties or functions of the board may be delegated
to any medical association or related entity by contract or
otherwise;
(4)
To employ a medical director and other staff to implement this chapter and
provide necessary and appropriate support who shall be subject to the same
confidentiality requirements of the board;
(5)
To keep a docket of public proceedings, actions, and filings;
(6)
To set its office hours;
(7)
To set all fees by adoption of a schedule of fees approved by the board. The
board shall set such fees sufficient to cover costs of operation;
(8)
To establish rules regarding licensure and certification status, including
inactive status and other licensure and certification categories the board deems
appropriate;
(9)
To issue, deny, or reinstate the licenses, certificates, or permits of duly
qualified applicants for licensure, certification, or permits under this chapter
and to restrict, issue with terms and conditions, or otherwise limit licensure,
certification, or permits of applicants;
(10)
To revoke, suspend, issue terms and conditions, place on probation, limit
practice, fine, require additional medical training, require medical community
service, or otherwise sanction licensees, certificate holders, or permit
holders;
(11)
To renew licenses, certificates, and permits and set renewal and expiration
dates and application and other deadlines;
(12)
To approve such examinations as are necessary to determine competency to
practice under this chapter;
(13)
To set examination standards, approve examinations, and set passing score
requirements;
(14)
To adopt necessary rules concerning proceedings, hearings, review hearings,
actions, filings, depositions, and motions related to uncontested
cases;
(15)
To initiate investigations for the purposes of discovering violations of this
chapter;
(16)
To administer oaths, subpoena witnesses and documentary evidence including
medical records, and take testimony in all matters relating to its duties. The
cost of producing documents and records subpoenaed by the board shall be borne
by the subpoenaed party;
(17)
To conduct hearings, reviews, and other proceedings according to Chapter 13 of
Title 50;
(18)
To conduct investigative interviews;
(19)
To issue cease and desist orders to stop the unlicensed practice of medicine or
other profession licensed, certified, or permitted under this chapter and impose
penalties for such violations;
(20)
To request injunctive relief or refer cases for criminal prosecution to
appropriate enforcement authorities; and
(21)
To release investigative or applicant files to another enforcement agency or
lawful licensing authority in another state.
(d)
A license issued by the board shall not be restricted by a particular medical
specialty area.
43-34-24.1
43-34-6.
(a)
The board shall not be under the jurisdiction of the Secretary of State but
shall be an independent state agency attached to the Department of Community
Health for administrative purposes only, as provided in Code Section 50-4-3,
except that such department shall prepare and submit the budget for the board.
The board
shall not
be a professional licensing board but
shall have with respect to all matters within the jurisdiction of the
Composite
State Board of Medical Examiners
board
as provided under this chapter the powers, duties, and functions of
such
professional
licensing boards as provided in Chapter 1 of this title.
(b)
The board shall appoint and fix the compensation of an executive director of
such board who shall serve at the pleasure of the board. Any reference in this
chapter to the executive director shall mean the executive director appointed
pursuant to this subsection.
The
executive director shall have, with respect to the board, the same powers,
duties, and functions granted to the division director with respect to
professional licensing boards under Chapter 1 of this title but without being
subject to any approval or other powers exercised by the Secretary of
State.
(c)
Meetings and hearings of the board shall be held at the site of the office of
the board or at such other site as may be specified by the
president
chairperson
of the board. A majority of the members of the board shall constitute a quorum
for the transaction of business of the board.
(d)
Licenses,
certificates, and permits issued by the
board which
are
shall
be subject to renewal
and
shall be valid for up to two years
unless
otherwise specified by this chapter and
shall be renewable biennially on the renewal date established by the
board.
(e)
The board, through the executive director, may hire investigators for the
purpose of conducting investigations
for the
board and those persons shall be designated as investigators and have the
powers, duties, and status of investigators for professional licensing boards
under Code Section 43-1-5.
Any person so
employed shall be considered to be a peace officer and shall have all powers,
duties, and status of a peace officer of this state; provided, however, that
such investigators shall only be authorized, upon written approval of the
executive director, notwithstanding Code Sections 16-11-126, 16-11-128, and
16-11-129, to carry firearms in the performance of their duties and exercise the
powers of arrest in the performance of their
duties.
Notwithstanding
the provisions of Code Section 50-4-3 and with the concurrence of the board, the
Department of Community Health shall be authorized to employ and provide for the
compensation of staff as is necessary to assist in carrying out the functions of
the board. Staff so hired shall be subject to the rules and confidentiality
requirements of the board and to the supervision of the executive director of
the board.
(f)
The venue of any action involving members of the board shall be governed by the
laws of this state relating to venue. The executive director of the board shall
not be considered a member of the board in determining the venue of any such
action and no court shall have jurisdiction of any such action solely by virtue
of the executive director residing or maintaining a residence within its
jurisdiction.
(g)
The board shall give point credit to veterans in the same manner as required
for
professional licensing boards under Code
Sections 43-1-9 through 43-1-13.
(h)
Persons appointed to the board shall be subject to Senate confirmation as
provided in Code Section 43-1-16 and subject to removal as provided in Code
Section 43-1-17.
(i)(h)
Initial judicial review of a final decision of the board shall be had solely in
the superior court of the county of domicile of the board.
(j)
The board, through the executive director, shall hire such personnel as it deems
necessary to carry out its functions under this chapter and may appoint
professionally qualified persons to serve as members of peer review committees;
provided, however, that no licensing, investigative, or disciplinary duties or
functions of the board may be delegated to any medical association or related
entity by contract or otherwise.
(k)(i)
The
board
executive
director shall make a report no later than
December 31 of each year covering the activities of the board for that calendar
year, which
report
shall be submitted to the commissioner of community health,
and shall be made available to any member
of the General Assembly upon request.
(j)
The executive director, with the approval of the board, notwithstanding any
other provisions of law to the contrary, shall enter into such contracts as are
deemed necessary to carry out this chapter to provide for all services required
of the board.
43-34-7.
The
executive director shall prepare and maintain a roster containing the names and
addresses of all current licensees, certificate holders, and permit holders for
each of the various professions regulated by the Georgia Composite Medical
Board. A copy of the roster shall be available to any person upon request at a
fee prescribed by the board sufficient to cover the cost of printing and
distribution. The following shall be treated as confidential, not subject to
Article 4 of Chapter 18 of Title 50, relating to open records, and shall not be
disclosed without the approval of the board:
(1)
Applications and other personal information submitted by applicants, except to
the applicant, the staff, and the board;
(2)
Information, favorable or unfavorable, submitted by a reference source
concerning an applicant, except to the staff and the board;
(3)
Examination questions and other examination materials, except to the staff and
the board; and
(4)
The deliberations of the board with respect to an application, an examination, a
complaint, an investigation, or a disciplinary proceeding, except as may be
contained in official board minutes; provided, however, that such deliberations
may be released only to another state or federal enforcement agency or lawful
licensing authority.
43-34-37
43-34-8.
(a)
The board shall have authority to refuse to grant a
license,
certificate, or permit to an applicant or
to discipline
a physician
licensed under this chapter
a person
regulated under this chapter or any
antecedent law upon a finding by the board that the
licensee,
certificate holder, or permit holder or
applicant has:
(1)
Failed to demonstrate the qualifications or standards for a
license,
certificate, or permit contained in this
chapter or in the rules and regulations of the board. It shall be incumbent upon
the applicant to demonstrate to the satisfaction of the board that he
or
she meets all requirements for the
issuance of a license; and, if the board is not satisfied as to the applicant's
qualifications, it shall not issue a
license,
certificate, or permit;
(2)
Knowingly
made
Made
negligently
misleading,
or
deceptive,
untrue, or fraudulent representations in
the practice
of
medicine
of a
profession licensed, certified, or permitted under this
chapter or in any document connected
therewith, or practiced fraud or deceit or
intentionally
negligently
made any false statement in obtaining a
license,
certificate, or permit under this chapter
to practice
medicine
pursuant to
this chapter, or made a false
statement
or deceptive
biennial
registration with the board;
(3)
Been convicted of a felony in the courts of this state or any other state,
territory, country, or of the United States. As used in this paragraph, the term
'conviction of a felony' shall include a conviction of an offense which if
committed in this state would be deemed a felony under either state or federal
law, without regard to its designation elsewhere. As used in this paragraph, the
term 'conviction' shall include a finding or verdict of guilt, a plea of guilty
resulting in
first offender status, or a plea of nolo
contendere in a criminal proceeding, regardless of whether the adjudication of
guilt or sentence is withheld or not entered thereon;
(4)
Committed a crime involving moral turpitude, without regard to conviction; the
conviction of a crime involving moral turpitude shall be evidence of the
commission of such crime. As used in this paragraph, the term 'conviction' shall
have the meaning prescribed in paragraph (3) of this subsection. For the purpose
of this chapter, a conviction or plea of guilty or of nolo contendere to a
charge or indictment by either federal or state government for income tax
evasion shall not be considered a crime involving moral turpitude;
(5)
Had his or
her
license,
certificate, or permit to practice
medicine
pursuant to
this chapter revoked, suspended, or
annulled by any lawful licensing authority; or had other disciplinary action
taken against him
or
her by any lawful licensing authority; or
been denied a license by any lawful licensing authority;
(6)
Advertised for or solicited patients; obtained a fee or other thing of value on
the representation that a manifestly incurable disease can be permanently cured;
or made untruthful or improbable statements, or flamboyant or extravagant claims
concerning his
or
her professional excellence
or treatment
protocols;
(7)
Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or
practice harmful to the public, which conduct or practice need not have resulted
in actual injury to any person. As used in this paragraph, the term
'unprofessional conduct' shall include any departure from, or failure to conform
to, the
minimal
minimum
standards of acceptable and prevailing medical practice and shall also include,
but not be limited to, the prescribing or use of drugs, treatment, or diagnostic
procedures which are detrimental to the patient as determined by the
minimal
minimum
standards of acceptable and prevailing medical practice or by rule of the
board;
(8)
Performed, procured, or aided or abetted in performing or procuring a criminal
abortion;
(9)
Knowingly maintained a professional connection or association with any person
who is in violation of this chapter or the rules or regulations of the board; or
knowingly aided, assisted, procured, or advised any person to practice
medicine
pursuant to
this chapter contrary to this chapter or
to the rules and regulations of the board; or knowingly performed any act which
in any way aids, assists, procures, advises, or encourages any unlicensed person
or entity to practice
medicine
pursuant to
this chapter; or divided fees or agreed to
divide fees received for professional services with any person, firm,
association, corporation, or other entity for bringing or referring a
patient;
(10)
Violated or attempted to violate a law, rule, or regulation of this state, any
other state, the board, the United States, or any other lawful authority without
regard to whether the violation is criminally punishable, which law, rule, or
regulation relates to or in part regulates the practice of medicine, when the
licensee or applicant knows or should know that such action is violative of such
law, rule, or regulation; or violated a lawful order of the board, previously
entered by the board in a disciplinary hearing;
(11)
Committed any act or omission which is indicative of bad moral character or
untrustworthiness;
(11.1)
Failed to attempt to inform a patient, in a timely manner, that the physician
has received the results of a laboratory test. The board shall promulgate rules
for the implementation of this paragraph no later than January 1, 2002. Any
physician who complies with the rules promulgated by the board for informing his
or her patient that the results of any laboratory test have been received shall
be immune from any civil or criminal liability for such disclosure;
(12)
Been adjudged mentally incompetent by a court of competent jurisdiction, within
or outside this state. Any such adjudication shall automatically suspend the
license,
certificate, or permit of any such person
and shall prevent the reissuance or renewal of any
license,
certificate, or permit so suspended for as
long as the adjudication of incompetence is in effect unless the board, upon a
finding that the
licensee,
certificate holder, or permit holder is
mentally competent, orders otherwise. Any applicant who has been so adjudged to
be mentally incompetent shall not receive a
license,
certificate, or permit unless the board,
upon a finding that the applicant is mentally competent, orders otherwise;
or
(13)
Become unable to practice
medicine
pursuant to
this chapter with reasonable skill and
safety to patients by reason of illness or use of alcohol, drugs, narcotics,
chemicals, or any other type of material, or as a result of any mental or
physical condition:
(A)
In enforcing this paragraph the board may, upon reasonable grounds, require a
licensee,
certificate holder, permit holder, or
applicant to submit to a mental or physical examination by physicians designated
by the board.
The expense of
this examination shall be borne by the licensee, certificate holder, or permit
holder or applicant. The results of such
examination shall be admissible in any hearing before the board, notwithstanding
any claim of privilege under a contrary rule of law or statute, including, but
not limited to, Code Section 24-9-21. Every person who shall accept the
privilege of practicing
medicine in
this state
a profession
regulated under this chapter or who shall
file an application for a license to practice
medicine
a profession
regulated under this chapter in this state
shall be deemed to have given his
or
her consent to submit to such mental or
physical examination and to have waived all objections to the admissibility of
the results in any hearing
or informal
proceeding before the board, upon the
grounds that the same constitutes a privileged communication. If a
licensee,
certificate holder, or permit holder or
applicant fails to submit to such an examination when properly directed to do so
by the board, unless such failure was due to circumstances beyond his
or
her control, the board may enter a final
order upon proper notice, hearing, and proof of such refusal. Any
licensee,
certificate holder, permit holder, or
applicant who is prohibited from practicing
medicine
pursuant to
this chapter under this paragraph shall at
reasonable intervals be afforded an opportunity to demonstrate to the board that
he or
she can resume or begin
the
practice of
medicine
pursuant to
this chapter with reasonable skill and
safety to patients;
(B)
For the purposes of this paragraph, the board may, upon reasonable grounds,
obtain any and all records relating to the mental or physical condition of a
licensee,
certificate holder, or permit holder or
applicant, including psychiatric records; and such records shall be admissible
in any hearing
or informal
proceeding before the board,
notwithstanding any privilege under a contrary rule of law or statute,
including, but not limited to, Code Section 24-9-21. Every person who shall
accept the privilege of practicing
medicine
pursuant to
this chapter in this state or who shall
file an application to practice
medicine
pursuant to
this chapter in this state shall be deemed
to have given his
or
her consent to the board's obtaining any
such records and to have waived all objections to the admissibility of such
records in any hearing
or any
informal proceedings before the board,
upon the grounds that the same constitute a privileged communication;
and
(C)
If any
licensee,
certificate holder, or permit holder or
applicant could, in the absence of this paragraph, invoke a privilege to prevent
the disclosure of the results of the examination provided for in subparagraph
(A) of this paragraph or the records relating to the mental or physical
condition of such
licensee,
certificate holder, or permit holder or
applicant obtained pursuant to subparagraph (B) of this paragraph, all such
information shall be received by the board in camera and shall not be disclosed
to the public, nor shall any part of the record containing such information be
used against any
licensee,
certificate holder, or permit holder or
applicant in any other type of
proceeding.;
(14)
Cheated on or attempted to subvert an examination by the board;
(15)
Committed an act of sexual abuse, misconduct, or exploitation of a patient
including guardians and parents of minors;
(16)
Mistreated or abandoned a patient or his or her records; provided, however that
a physician in compliance with Chapter 33 of Title 31 shall not be considered to
have abandoned patient records;
(17)
Entered into conduct which discredits the profession;
(18)
Failed to furnish records, including, but not limited to, medical records, to
the board in response to a subpoena or failed to answer questions on the renewal
of the license, certificate, or permit;
(19)
Failed to maintain appropriate medical or other records as required by board
rule;
(20)
Failed to follow generally accepted infection control procedures or Occupational
Safety and Health Administration (OSHA) standards;
(21)
Failed to comply with federal laws and standards relating to the practice of
medicine or other health care profession regulated under this chapter, the
regulations of drugs, the delivery of health care, or other related
laws;
(22)
Failed to comply with an order for child support as defined by Code Section
19-11-9.3; it shall be incumbent upon the applicant, licensee, certificate
holder, or permit holder to supply a notice of release to the board from the
appropriate child support authorities within the Department of Human Resources
indicating that the licensee, certificate holder, permit holder, or applicant
has come into compliance with an order for child support so that a license,
certificate, or permit may be issued if all other conditions for the issuance of
a license, certificate, or permit are met; or
(23)
Failed to enter into satisfactory repayment status and is a borrower in default
as defined by Code Section 20-3-295; it shall be incumbent upon the applicant,
licensee, certificate holder, or permit holder to supply the notice of release
to the board from the Georgia Higher Education Assistance Corporation indicating
that the licensee, certificate holder, permit holder, or applicant has entered
into satisfactory repayment status so that a license, certificate, or permit may
be issued or granted if all other conditions for issuance of a license,
certificate, or permit are met.
(a.1)
The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act,' with respect to emergency action by a professional licensing board and
summary suspension of a license are adopted and incorporated by reference into
this Code section.
(b)(1)
When the board finds that any person is unqualified to be granted a
license,
certificate, or permit or finds that any
person should be disciplined pursuant to subsection (a) of this Code
section, the board may take any one or more of the following
actions:
(A)
Refuse to grant a
license,
certificate, or permit to an
applicant;
(B)
Place the
licensee, certificate holder, or permit holder on probation for a definite or
indefinite period with terms and conditions;
(C)
Administer a public or private reprimand, provided that a private reprimand
shall not be disclosed to any person except the
licensee,
certificate holder, or permit
holder;
(C)(D)
Suspend any
license,
certificate, or permit for a definite
or
indefinite period;
(D)(E)
Limit or restrict any
license,
certificate, or permit;
(E)(F)
Revoke any
license,
certificate, or permit;
or
(F)
Condition the penalty, or withhold formal disposition, upon the physician's
submission to the care, counseling, or treatment of physicians or other
professional persons, and the completion of such care, counseling, or treatment,
as directed by the board.
(G)
Impose a fine not to exceed $5,000.00 for each violation of a law, rule, or
regulation relating to the licensee, certificate holder, permit holder or
applicant;
(H)
Impose a fine in a reasonable amount to reimburse the board for the
administrative costs;
(I)
Require passage of a board approved minimum competency examination;
(J)
Require board approved medical education;
(K)
Condition the penalty, or withhold formal disposition, which actions shall be
kept confidential, unless there is a public order upon the licensee or
applicant, certificate holder, or permit holder's submission to the care,
counseling, or treatment by physicians or other professional persons and the
completion of such care, counseling, or treatment, as directed by the board;
or
(L)
Require a board approved mental and physical evaluation of all licensees,
certificate holders, or permit holders.
(2)
In addition to and in conjunction with the actions enumerated pursuant to
paragraph (1) of this subsection, the board may make a finding adverse to
the licensee,
certificate holder, permit holder, or
applicant but withhold imposition of judgment and penalty; or it may impose the
judgment and penalty but suspend enforcement thereof and place the
physician
licensee,
certificate holder, permit holder, or
applicant on probation, which probation
may be vacated upon noncompliance with such reasonable terms as the board may
impose.
(3)
Neither the issuance of a private reprimand nor the denial of a license,
certificate, or permit nor the denial of a request for reinstatement of a
revoked license, certificate, or permit nor the refusal to issue a previously
denied license, certificate, or permit shall be considered to be a contested
case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act'; notice and hearing within the meaning of said chapter shall not
be required, but the applicant or licensee, certificate holder, or permit holder
shall be allowed to appear before the board if he or she so requests. A board
may resolve a pending action by the issuance of a letter of concern. Such
letter shall not be considered a disciplinary action or a contested case under
Chapter 13 of Title 50 and shall not be disclosed to any person except the
holder of a license, certificate, or permit or an applicant.
(b.1)
The board shall suspend the license, certificate, or permit of a person licensed
by the board who has been certified by a federal agency and reported to the
board for nonpayment or default or breach of a repayment or service obligation
under any federal education loan, loan repayment, or service conditional
scholarship program. Prior to the suspension, the licensee, certificate holder,
or permit holder shall be entitled to notice of the board's intended action and
opportunity to appear before the board according to procedures set forth in the
board's rules and regulations. A suspension of a license, certificate, or
permit under this subsection is not a contested case under Chapter 13 of Title
50, 'Georgia Administrative Procedure Act.' A license, certificate, or permit
suspended under this Code section shall not be reinstated or reissued until the
person provides the board a written release issued by the reporting agency
stating that the person is making payments on the loan or satisfying the service
requirements in accordance with an agreement approved by the reporting agency.
If the person has continued to meet all other requirements for issuance of a
license, certificate, or permit during the period of suspension, reinstatement
of the license, certificate, or permit shall be automatic upon receipt of the
notice and payment of any reinstatement fee which the board may
impose.
(c)
In its discretion, the board may restore and reissue a
license,
certificate, or permit
to practice
medicine issued under this chapter or any
antecedent law and, as a condition thereof, may impose any disciplinary or
corrective measure provided in this chapter.
(d)
The executive director is vested with the power and authority to make, or cause
to be made through employees or agents of the board, such investigations as he
or she, or the board, or any district attorney may deem necessary or advisable
in the enforcement of this chapter. Any person properly conducting an
investigation on behalf of the board shall have access to and may examine any
writing, document, or other material, except that as to which privilege has not
been denied or deemed waived by this chapter, and which is deemed by the
president
chairperson
of the board, or
vice-president
vice
chairperson if the
president
chairperson
is not available, to be related to the fitness of any
licensee,
certificate holder, permit holder, or
applicant to practice
medicine
pursuant to
this chapter. The executive director or
the
president
chairperson
of the board, or
vice-president
vice
chairperson if the
president
chairperson
is not available, may issue subpoenas to compel such access. When a subpoena is
disobeyed, the board may apply to the superior court of the county where the
person to whom the subpoena is issued resides for an order requiring obedience.
Failure to comply with such order shall be punishable as for contempt of court.
The results of any investigations whatsoever shall be reported only to the
board, and the records of such investigations shall be kept by the board; no
part of any such record shall be released for any purpose other than a hearing
before the board and as provided in Chapter 34A of this title; nor shall such
records be subject to subpoena.
The board
shall be authorized to release records that are not otherwise confidential or
privileged only to another state or federal enforcement agency or lawful
licensing authority.
(e)
In any hearing to determine a
licensee's,
certificate holder's, permit holder's, or
applicant's fitness to practice
medicine
pursuant to
this chapter, any record relating to any
patient of the
licensee,
certificate holder, permit holder, or
applicant shall be admissible into evidence, regardless of any statutory
privilege which such patient might otherwise be able to invoke. In addition, no
such patient may withhold testimony bearing upon a
licensee's,
certificate holder's, permit holder's, or
applicant's fitness to practice
medicine
pursuant to
this chapter on the ground of privilege
between such
licensee,
certificate holder, permit holder, or
applicant and such patient. Any testimony or written evidence relating to a
patient of a
licensee,
certificate holder, permit holder, or
applicant or to the record of any such patient shall be received by the board in
camera and shall not be disclosed to the public.
(f)
In any hearing in which the fitness of a
licensee,
certificate holder, permit holder, or
applicant to practice
medicine
pursuant to
this chapter is in question, the board may
exclude all persons from its deliberation of the appropriate action to be taken
and may, when in its discretion it deems it necessary, speak to a
licensee,
certificate holder, permit holder, or
applicant in private.
(g)
This Code
section is enacted in the public welfare and shall be liberally
construed.
(h)
A person, partnership, firm, corporation, association, authority, or other
entity shall be immune from civil and criminal liability for reporting or
investigating the acts or omissions of a
licensee,
certificate holder, permit holder, or
applicant which violate the provisions of subsection (a) of this Code section or
any other provisions of law relating to a
licensee's,
certificate holder's, permit holder's, or
applicant's fitness to practice
medicine
pursuant to
this chapter or for initiating or
conducting proceedings against such
licensee,
certificate holder, permit holder, or
applicant, if such report is made or action is taken in good faith without fraud
or malice. Any person who testifies in good faith without fraud or malice before
the board in any proceeding involving a violation of subsection (a) of this Code
section or any other law relating to a
licensee's,
certificate holder's, permit holder's, or
applicant's fitness to practice
medicine
pursuant to
this chapter, or who makes a
recommendation to the board in the nature of peer review, shall be immune from
civil and criminal liability for so testifying.
(h)
Peer review conducted pursuant to this Code section shall be subject to the
provisions of Article 6 of Chapter 7 of Title 31, relating to medical peer
review groups. Any person providing information for purposes of peer review
under this Code section and any person providing information to the board under
this Code section shall not be criminally or civilly liable in any way for such
actions unless:
(1)
Such information is unrelated to the carrying out of peer review under this Code
section; or
(2)
Such information is false and the person disclosing such information knew that
such information was false.
(i)
This Code section is enacted in the public welfare and shall be liberally
construed.
(i)(j)
The board shall investigate a
licensee's,
certificate holder's, or permit holder's
fitness to practice
medicine
pursuant to
this chapter if the board has received a
notification, pursuant to Code Section 33-3-27, regarding that
licensee,
certificate holder, or permit holder of a
medical malpractice judgment or settlement in excess of $100,000.00 or a
notification pursuant to Code Section 33-3-27 that there have been two or more
previous judgments against or settlements with the
licensee,
certificate holder, or permit holder
relating to
the
practice of
medicine
pursuant to
this chapter involving an action for
medical malpractice. Every
licensee,
certificate holder, or permit holder shall
notify the board of any settlement or judgment involving the
licensee,
certificate holder, or permit holder
involving an action for medical malpractice.
(j)(k)
The board
shall
may
conduct an assessment of a
licensee's,
certificate holder's, or permit holder's
fitness to practice
medicine
pursuant to
this chapter if it has disciplined the
licensee,
certificate holder, or permit holder three
times in the last ten years as a result of an action for medical malpractice.
The assessment shall include an examination of the
licensee's,
certificate holder's, or permit holder's
entire history with respect to
the
practice of
medicine
pursuant to
this chapter and a one-day on-site visit
to the
licensee's,
certificate holder's, or permit holder's
current practice location. The assessment shall be completed within six months
of the third disciplinary action. As a result of its findings the board may take
any action it deems necessary to reduce medical errors and promote patient
safety, including revocation, suspension, or limiting the
licensee's,
certificate holder's, or permit holder's
license,
certificate, or permit or requiring
additional clinical training, additional continuing medical education,
proctoring, or referral to appropriate rehabilitation facilities. As used in
this subsection, the term 'action for medical malpractice' shall have the same
meaning as provided in Code Section 9-3-70. The board shall implement this
subsection upon the effective date of a specific appropriation of funds for
purposes of this subsection as expressed in a line item making specific
reference to the full funding of this subsection in an appropriations Act
enacted by the General Assembly.
(l)
If any licensee, certificate holder, permit holder, or applicant after 30 days'
notice fails to appear at any hearing of the board for that licensee,
certificate holder, permit holder, or applicant, the board may proceed to hear
the evidence against such licensee, certificate holder, permit holder, or
applicant and take action as if such licensee, certificate holder, permit
holder, or applicant had been present. A notice of hearing, initial or
recommended decision, or final decision of the board in a disciplinary
proceeding shall be served personally upon the licensee, certificate holder,
permit holder, or applicant or served by certified mail, return receipt
requested, to the last known address of record with the board. If such material
is served by certified mail and is returned marked 'unclaimed' or 'refused' or
is otherwise undeliverable and if the licensee, certificate holder, permit
holder, or applicant cannot, after diligent effort, be located, the executive
director shall be deemed to be the agent for service for such licensee,
certificate holder, permit holder, or applicant for purposes of this Code
section, and service upon the executive director shall be deemed to be service
upon the licensee, certificate holder, permit holder, or applicant.
(m)
The voluntary surrender of a license, certificate, or permit or the failure to
renew a license, certificate, or permit by the end of the established penalty
period shall have the same effect as a revocation of said license, certificate,
or permit, subject to reinstatement in the discretion of the board. The board
may restore and reissue a license, certificate, or permit to practice under this
chapter and, as a condition thereof, may impose any disciplinary sanction
provided by this Code section.
(n)
Subsections (a) and (b) of this Code section shall be supplemental to and shall
not operate to prohibit the board from acting pursuant to those provisions of
law which may now or hereafter authorize other disciplinary grounds and actions
for the board. In cases where those other provisions are law so authorize other
disciplinary grounds and actions but subsections (a) and (b) of this Code
section limit such grounds for action, those other provisions shall
apply.
(o)
The board shall publish all final public disciplinary actions taken against a
licensee, certificate holder, or permit holder pursuant to this chapter on its
official website.
43-34-38
43-34-9.
Proceedings
before the board wherein a
licensee's,
certificate holder's, or permit holder's
right to practice
medicine
pursuant to
this chapter in this state is terminated,
suspended, or limited or wherein a public reprimand is administered shall
require prior notice to the licensee and an opportunity for hearing; and such
proceedings shall be considered contested cases within the meaning of Chapter 13
of Title 50, the 'Georgia Administrative Procedure Act.' Neither refusal of a
license,
certificate, or permit nor a private
reprimand nor
a letter of concern shall be considered a
contested case within the meaning of Chapter 13 of Title 50, and notice and
hearing within the meaning of such chapter shall not be required;
but the
applicant physician shall be allowed to appear before the board if he so
requests
provided,
however, that the applicant shall be allowed to appear before the board, if the
applicant so requests, prior to the board making a final decision regarding the
issuance of the license, certificate, or
permit. The power to subpoena as set
forth in Chapter 13 of Title 50 shall include the power to subpoena any book,
writing, paper, or document. If any
licensee,
certificate holder, or permit holder fails
to appear at any hearing after reasonable notice, the board may proceed to hear
the evidence against such
licensee,
certificate holder, or permit holder and
take action as if such
licensee,
certificate holder, or permit holder had
been present.
43-34-10.
Any
licensee, certificate holder, or permit holder who is convicted under the laws
of this state, the United States, or any other state, territory, or country of a
felony as defined in paragraph (5) of Code Section 16-1-3 shall be required to
notify the board of the conviction within ten days of the conviction. The
failure to notify the board of a conviction shall be considered grounds for
revocation of his or her license, certificate, permit, or other authorization to
conduct a profession regulated under this chapter.
43-34-3
43-34-11.
(a)(1)
The board shall be authorized to require persons seeking renewal of a
license,
or
certificate,
or permit under this chapter to complete
board approved continuing education of not less than 40 hours biennially. The
board shall be authorized to approve courses offered by institutions of higher
learning, specialty societies, or professional organizations, including, but not
limited to, the American Medical Association, the National Medical Association,
and the American Osteopathic Association, the number of hours required, and the
category in which these hours should be earned. This paragraph shall not apply
to respiratory care professionals or persons seeking renewal of certification as
respiratory care professionals.
(2)
The board shall be authorized to require persons seeking renewal of
certification as respiratory care professionals under Article 6 of this chapter
to complete board approved continuing education. The board shall be authorized
to establish the number of hours of continuing education required biennially for
renewal of certification as a respiratory care professional and the categories
in which these hours should be earned. The board shall be authorized to approve
courses offered by institutions of higher learning, specialty societies, or
professional organizations. Any action taken by the board pursuant to this
paragraph shall be taken in conformity with the provisions of Code Section
43-34-143.
(b)(1)
The board shall be authorized to waive the continuing education requirement in
cases of hardship, disability, illness, or in cases where physicians or
physicians'
physician
assistants are serving in fellowships, new specialty residencies, postgraduate
specialty programs, the United States Congress
or Georgia
General Assembly, or under such other
circumstances as the board deems appropriate.
(2)
The board shall require no more than 20 hours of continuing education annually
for retired physicians who have an active license and who provide uncompensated
health care services pursuant to Code Section
43-34-45.1
43-34-42
or Article 8 of Chapter 8 of Title 31; provided, however, that the board shall
be authorized to require up to 40 hours of continuing education for retired
physicians who have not had an active license to practice medicine for up to
five years.
(c)
The board shall be authorized to promulgate rules and regulations to implement
and ensure compliance with the requirements of this Code section.
(d)
This Code section shall apply to each licensing,
certification,
permit, and renewal cycle which begins
after the 1990-1991 renewal.
ARTICLE
2
43-34-20.
This
article shall be known as the 'Medical Practice Act of the State of
Georgia.'
43-34-21.
The
practice of medicine is a privilege granted by the people acting through their
elected representatives. It is not a natural right of individuals. In the
interests of public health, safety, and welfare and to protect the public from
the unprofessional, improper, incompetent, and unlawful practice of medicine, it
is necessary to provide laws and regulations to govern the granting and
subsequent use of the privilege to practice medicine. To that end, the
regulation of that practice deserves a structure designed to concentrate on the
practice of medicine. Thus, the primary responsibility and obligation of the
Georgia Composite Medical Board are to protect the public.
43-34-20.
43-34-22.
As
used in this article, the term:
(1)
'Board' or
'Board of Medical Examiners' means the
Composite
State Board of Medical Examiners
Georgia
Composite Medical Board.
(2)
'Internship'
or any other similar term includes a clinical training program which is defined
and approved by the board as a substitute for an internship.
(2.1)
'Physician' means a person licensed to practice medicine under this
article.
(2.1)
'Postgraduate training' means a program for the training of interns, residents,
or postresidency fellows that is approved by the Accreditation Council for
Graduate Medical Education (ACGME), American Osteopathic Association (AOA), or
the board.
(3)
'To practice
medicine,'
'the practice
of medicine,' or 'practicing medicine'
means to hold oneself out to the public as being engaged in the diagnosis or
treatment of disease, defects, or injuries of human beings; or the suggestion,
recommendation, or prescribing of any form of treatment for the intended
palliation, relief, or cure of any physical, mental, or functional ailment or
defect of any person with the intention of receiving therefor, either directly
or indirectly, any fee, gift, or compensation whatsoever; or the maintenance of
an office for the reception, examination, and treatment of persons suffering
from disease, defect, or injury of body or mind; or attaching the title 'M.D.,'
'Oph.,' 'D.,' 'Dop.,' 'Surgeon,' 'Doctor,' 'D.O.,' 'Doctor of Osteopathy,'
'Allopathic
Physician,' 'Osteopathic Physician,' or
'Physician,' either alone or in connection
with other words, or any other words or abbreviations to one's name, indicating
that such person is engaged in the treatment or diagnosis of disease, defects,
or injuries to human beings, provided that the terms 'doctors of medicine,'
'doctors of
osteopathic medicine,' 'doctors of
medicine licensed to practice in the state,' and similar terms wherever used or
appearing in this article or elsewhere shall mean and include only those persons
who
are licensed
to practice
medicine under this article.
43-34-25.
The
board shall have authority to administer oaths, to summon witnesses, and to take
testimony in all matters relating to its duties.
43-34-26
43-34-23.
(a)
If any person shall hold himself
or
herself out to the public as being engaged
in the diagnosis or treatment of disease or injuries of human beings, or shall
suggest, recommend, or prescribe any form of treatment for the palliation,
relief, or cure of any physical or mental ailment of any person, with the
intention of receiving therefor, either directly or indirectly, any fee, gift,
or compensation whatsoever, or shall maintain an office for the reception,
examination, or treatment of diseased or injured human beings, or shall attach
the title 'M.D.,' 'Oph.,' 'D.,' 'Dop.,' 'Surgeon,' 'Doctor,' 'D.O.,' 'Doctor of
Osteopathy,'
'Osteopathic
Physician,' or 'Physician,' either alone
or in connection with other words, or any other word or abbreviation to his
or
her name indicative that he
or
she is engaged in the treatment of
diseased, defective, or injured human beings, and shall not in any of these
cases then possess a valid license to practice medicine under the laws of this
state, he or
she shall be deemed to be practicing
medicine without complying with this
chapter
article
and shall be deemed in violation of this
chapter
article.
(b)
Nothing in this chapter shall be construed to prohibit:
(1)
Gratuitous services in cases of emergency;
(2)
The practice of the religious tenets or general beliefs of any church
whatsoever;
(3)
The requiring of a fee for examination by opticians, at their established places
of business, who do not prescribe or use drugs or medicines or attach to their
names titles indicative that any such persons are engaged in the practice of
medicine, as defined in this
chapter
article;
(4)
The performance of their duties for the federal government by federal
physicians, both military and civilian;
(5)
The consultation on special cases
approved by
the board in this state of regularly
licensed physicians from other states or territories;
(6)
The licensed practice of dentistry, optometry, psychology,
podiatry,
or chiropractic;
(7)
The licensed practice of midwifery or nursing;
(8)
The utilization of a
physician's
physician
assistant to perform tasks approved by the board, and the performance of such
tasks by the
physician's
physician
assistant; the delegation by a physician to a qualified person other than a
physician's
physician
assistant of any acts, duties, or functions which are otherwise permitted by law
or established by custom; and the performance of such acts, duties, or functions
by such a person other than a
physician's
physician
assistant;
or
(9)
The performance of:
(A)
Any medical task by a student enrolled in a medical
college
school,
osteopathic
college
medical
school, or
physician's
physician
assistant training program approved by the board;
or
(B)
Any dental task by a student enrolled in a dental college approved by the
Georgia Board of
Dentistry;
or
(C)
Any nursing task by a student enrolled in a nursing program approved by the
Georgia Board of Nursing
where
either
type
any
such task is performed under the
supervision of an authorized instructor lawfully licensed in this state to
perform such
tasks.;
or
(10)
The performance by medical assistants of medical tasks, including subcutaneous
and intramuscular injections; obtaining vital signs; administering nebulizer
treatments; or other tasks approved by the board pursuant to rule, if under the
supervision by a physician in his or her office or the performance by medical
assistants of medical tasks ordered by a physician assistant or advanced
practice registered nurse delegated the authority to issue such an order in
accordance with law and pursuant to rules of the board.
(c)
Nothing in this
chapter
article
shall be construed as preventing any person holding a valid license as a Doctor
of Osteopathy on March 16, 1970, from engaging in the practice of osteopathy as
the same was practiced by such person at such time, subject to biennial renewal
of his or
her license. Such limited renewal licenses
shall not authorize the practice of obstetrics or surgery other than the minor
suturing of cuts.
43-34-26.1
43-34-24.
(a)
As used in this Code section, the term:
(1)
'Administer' means to give a unit dose of any drug or to perform any medical
treatment or diagnostic study.
(2)
'Controlled substance' means any controlled substance, as defined in Code
Section 16-13-21, except any Schedule I controlled substance listed in Code
Section 16-13-25.
(3)
'Dangerous drug' means any dangerous drug, as defined in Code Section 16-13-71,
but does not include any controlled substance or Schedule I controlled
substance.
(3.1)
'Dispense' means to issue one or more doses of any drug in a suitable container
with appropriate labeling for subsequent administration to, or use by, a
patient.
(4)
'Dispensing procedure' means a written document signed by a licensed pharmacist
and a licensed physician which document establishes the appropriate manner under
which drugs may be dispensed pursuant to this Code section.
(5)
'Drug' means any dangerous drug or controlled substance.
(5.1)
'Job description'
means a
document signed by a licensed physician and describing the duties which may be
performed by a physician's assistant, by which document the physician delegates
to that physician's assistant the authority to perform certain medical acts
pursuant to subsection (b) of this Code section and which acts shall include,
without being limited to, the administering and ordering of any
drug
shall have the
same meaning as in Code Section
43-34-102.
(6)
'Nurse' means a person who is a registered professional nurse licensed as such
under Article 1 of Chapter 26 of this title.
(7)
'Nurse protocol' means a written document mutually agreed upon and signed by a
nurse and a licensed physician, by which document the physician delegates to
that nurse the authority to perform certain medical acts pursuant to subsection
(b) of this Code section, and which acts shall include, without being limited
to, the administering and ordering of any drug.
(8)
'Order' means to select a drug, medical treatment, or diagnostic study through
physician delegation in accordance with a nurse protocol or a
physician's
physician
assistant's job description. Ordering under such delegation shall not be
construed to be
prescribing,
which act can only be performed by the
physician, nor shall ordering of a drug be
construed to authorize the issuance of a written prescription.
(9)
'Physician's
'Physician
assistant' means a person licensed as a
physician's
physician
assistant pursuant to Article 4 of this chapter, the
'Physician's
Physician
Assistant Act.'
(b)(1)
A physician may delegate to:
(A)
A
physician's
physician
assistant in accordance with a job description; or
(B)
A nurse recognized by the Georgia Board of Nursing as a certified nurse midwife,
certified registered nurse anesthetist, certified nurse practitioner, or
clinical nurse specialist, psychiatric/mental health in accordance with a nurse
protocol
the
authority to order controlled substances selected from a formulary of such drugs
established by the
Composite
State Board of Medical Examiners
board
and the authority to order dangerous drugs, medical treatments, and diagnostic
studies.
(2)
A physician may delegate to a nurse or
physician's
physician
assistant the authority to order dangerous drugs, medical treatments, or
diagnostic studies and a nurse or
physician's
physician
assistant is authorized to dispense dangerous drugs, in accordance with a
dispensing procedure and under the authority of an order issued in conformity
with a nurse protocol or job description, if that nurse or
physician's
physician
assistant orders or dispenses those dangerous drugs, medical treatments, or
diagnostic studies:
(A)
As an agent or employee of:
(i)
The Division of Public Health of the Department of Human Resources;
(ii)
Any county board of health; or
(iii)
Any organization:
(I)
Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal
Revenue Code, as defined in Code Section 48-1-2, other than an organization
which is a hospital, preferred provider organization, health maintenance
organization, or similar organization; or
(II)
Established under the authority of or receiving funds pursuant to 42 U.S.C.
Section 254b or 254c of the United States Public Health Service
Act,
which
organization provides that those medical services and dangerous drugs which are
ordered or dispensed by its
physician's
physician
assistants and nurses will be provided at no cost to the patient or at a cost
based solely upon the patient's ability to pay; and
(B)
In conformity with subsection (b) of Code Section 26-4-130 and the rules and
regulations established pursuant thereto by the State Board of
Pharmacy.
(3)
In addition, a physician may delegate to a nurse or
physician's
physician
assistant the authority to order dangerous drugs, medical treatments, or
diagnostic studies and a nurse or
physician's
physician
assistant is authorized to dispense dangerous drugs, in accordance with a
dispensing procedure and under the authority of an order issued in conformity
with a nurse protocol or job description, if that nurse or
physician's
physician
assistant orders or dispenses such drugs, treatments, or studies to a patient of
an outpatient clinic:
(A)
Which is owned or operated by a licensed hospital;
(B)
Which provides such drugs, treatments, or studies free or at a charge to the
patient based solely upon the patient's ability to pay; provided, however, such
charge shall not exceed the actual cost to the outpatient clinic;
and
(C)
Whose services are primarily provided to the medically
disadvantaged
and
that nurse or
physician's
physician orders or dispenses such drugs in conformity with subsection (b) of
Code Section 26-4-130 and the rules and regulations established pursuant thereto
by the State Board of Pharmacy.
(4)
Delegation of authority to a
physician's
physician
assistant pursuant to this subsection shall be authorized only if that
delegation is contained in the job description approved for that
physician's
physician
assistant by the
Composite
State Board of Medical Examiners
board.
(5)
Delegation of authority to a nurse pursuant to this subsection shall be
authorized only if that delegation is contained in a nurse protocol for that
nurse.
(c)
The
Composite
State Board of Medical Examiners
board
shall be empowered to promulgate rules and regulations governing physicians and
physician's
physician
assistants to carry out the intents and purposes of this Code section, including
establishing criteria and standards governing physicians,
physician's
physician
assistants, job descriptions, and nurse protocols. The board shall be
authorized to require that protocols not falling within such established
criteria and standards be submitted to the board for review and approval or
rejection.
(d)
Notwithstanding any other provision of law to the contrary, a
physician's
physician
assistant or nurse may perform any act authorized to be performed by that person
pursuant to and in conformity with this Code section without such act
constituting the practice of medicine.
(e)
Nothing in this Code section shall be construed to limit or repeal this article
and Articles 4 and 6 of this chapter, relating to physicians,
osteopaths
osteopathic
physicians,
physician's
physician
assistants, and respiratory therapists, or Article 1 of Chapter 26 of this
title, relating to registered nurses.
(f)
Nothing in this Code section shall be construed to limit or repeal any existing
authority of a licensed physician to delegate to a qualified person any acts,
duties, or functions which are otherwise permitted by law or established by
custom.
(g)
Nothing in this Code section shall be construed to authorize or permit the
issuance of a Drug Enforcement Administration license to a nurse who is not an
advanced practice registered nurse.
(h)
Nothing in this Code section shall be construed to limit or repeal the authority
of any organization described in division (i) or (ii) of subparagraph (b)(2)(A)
of this Code section or any organization established under the authority of or
receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States
Public Health Service Act to supervise its agents or employees or interfere with
the employer and employee relationship of any such agents or
employees.
(i)
Notwithstanding any other provision of law to the contrary, a
physician's
physician
assistant or nurse may perform any act deemed necessary to provide treatment to
a hospital or nursing home patient in a life-threatening situation when such act
is authorized by standing procedures established by the medical staff of the
hospital or nursing home.
43-34-26.2
43-34-25.
(a)
As used in this Code section, the term 'pharmacist' means a person who meets the
requirements specified in Code Section 26-4-50.
(b)
A physician may delegate to a pharmacist the authority to modify drug therapy as
part of drug therapy management. The physician making such delegation shall
adequately supervise the application of his or her order delegating the
authority to modify drug therapy. Delegation of such authority shall only be
made pursuant to the physician's diagnosis, written order, and drug therapy
protocol. Unless a drug therapy modification is a substitution of a generic drug
which is pharmaceutically and therapeutically equivalent to the patient's
initial prescription drug order pursuant to Code Section 26-4-81, that protocol
shall meet the applicable requirements for issuance of prescriptions provided in
Code Section 16-13-41 or 16-13-74, whichever is applicable. A drug therapy
protocol issued pursuant to this subsection may authorize a pharmacist to
dispense a specific drug contained in the protocol as an alternative drug which
is not pharmaceutically and therapeutically equivalent to the patient's initial
prescription drug order and shall be deemed to be the physician's separate and
distinct prescription drug order. All protocols authorized by this subsection
shall:
(1)
Identify the pharmacist who is authorized to modify drug therapy and the
physician who is delegating the authority to modify drug therapy;
(2)
Indicate the physician's diagnosis of condition or disease state of the patient
whose drug therapy may be modified;
(3)
Identify each patient for whom the physician has delegated the authority to
modify drug therapy;
(4)
Describe specific responsibilities and parameters for modification of drug
therapy and patient monitoring authorized under the protocol;
(5)
Include a statement regarding the types and categories of medication as well as
the maximum and minimum dosage levels within the types and categories of
medication for which the pharmacist may modify drug therapy
including:
(A)
Additional procedures or plans which the pharmacist shall follow when the
pharmacist modifies drug therapy; and
(B)
The method of documentation and mechanism of communication of appropriate
medical care information or pharmacy care information, or both; description and
required frequency of reports which shall include:
(i)
Any problems or complications encountered;
(ii)
A listing of recommendations by pharmacist; and
(iii)
A complete list of each instance in which drug therapy was modified and how such
therapy was modified since the last report; and
(6)
Stipulate that each such patient must be notified that the pharmacist is
authorized to modify drug therapy pursuant to protocol between the pharmacist
and the physician.
(c)
A physician delegating the authority to modify drug therapy must be available
through communications for consultation, assistance, and direction. A physician
may only delegate the authority to modify drug therapy for a patient under the
direct medical care and supervision of that physician.
(d)
An order delegating the authority to modify drug therapy under this Code section
shall not be valid for more than two years from the date such order was
issued.
(e)
Nothing in this Code section shall be construed to expand or change any existing
authority for a pharmacist to substitute drugs under Code Section
26-4-81.
(f)
Nothing in this Code section shall be construed to prohibit hospital pharmacists
from participating in drug therapy management by protocol or other legal
authority established or approved by a member of the hospital medical staff for
the care and treatment of hospital patients.
43-34-26.3
43-34-26.
(a)
As used in this Code section, the term:
(1)
'Advanced practice registered nurse' shall have the same meaning as provided in
paragraph (1.1) of Code Section 43-26-3.
(2)
'Birthing center' means a facility or building where human births occur on a
regular or ongoing basis and which is classified by the Department of Community
Health as a birthing center.
(3)
'Controlled substance' means any controlled substance as defined in Code Section
16-13-21 but shall not include any Schedule I controlled substance included in
Code Section 16-13-25 or any Schedule II controlled substance included in Code
Section 16-13-26.
(4)
'Dangerous drug' means any dangerous drug as defined in Code Section
16-13-71.
(5)
'Delegating physician' means a physician who has entered into a nurse protocol
agreement pursuant to this Code section.
(6)
'Diagnostic study' means a laboratory test, X-ray, ultrasound, or procedure used
to identify a characteristic or distinguishing feature of a particular disease
or condition.
(7)
'Drug' means any dangerous drug or controlled substance.
(8)
'Free health clinic' shall have the same meaning as provided in Code Section
51-1-29.4.
(9)
'Life threatening' means an emergency situation in which a patient's life or
physical well-being will be harmed if certain testing is not performed
immediately.
(10)
'Nurse protocol agreement' means a written document mutually agreed upon and
signed by an advanced practice registered nurse and a physician, by which
document the physician delegates to that advanced practice registered nurse the
authority to perform certain medical acts pursuant to this Code section, and
which acts may include, without being limited to, the ordering of drugs, medical
devices, medical treatments, diagnostic studies, or in life-threatening
situations radiographic imaging tests. Such agreements shall conform to the
provisions set forth in subsection (c) of this Code section.
(11)
'Order' means to prescribe pursuant to a nurse protocol agreement which drug,
medical device, medical treatment, diagnostic study, or in life-threatening
situations radiographic imaging test is appropriate for a patient and to
communicate the same in writing, orally, via facsimile, or
electronically.
(12)
'Physician' means a person licensed to practice medicine under this
chapter
article
and:
(A)
Whose principal place of practice is within this state; or
(B)
Whose principal place of practice is outside this state but is within 50 miles
from the location where the nurse protocol agreement is being utilized within
this state.
(13)
'Prescription drug order' means a written or oral order of an advanced practice
registered nurse for a drug or medical device for a specific patient. Such term
includes an electronic visual image prescription drug order and an electronic
data prescription drug order.
(14)
'Professional sample' means a complimentary dose of a drug, medication,
medication voucher, or medical device provided by the manufacturer for use in
patient care.
(15)
'Radiographic imaging test' means a computed tomography, magnetic resonance
imaging, positron emission tomography, or nuclear medicine.
(b)
In addition to and without limiting the authority granted pursuant to Code
Section
43-34-26.1
43-34-24,
a physician may delegate to an advanced practice registered nurse in accordance
with a nurse protocol agreement the authority to order drugs, medical devices,
medical treatments, diagnostic studies, or, in life-threatening situations,
radiographic imaging tests.
(c)
A nurse protocol agreement between a physician and an advanced practice
registered nurse pursuant to this Code section shall:
(1)
Be between an advanced practice registered nurse who is in a comparable
specialty area or field as that of the delegating physician;
(2)
Contain a provision for immediate consultation between the advanced practice
registered nurse and the delegating physician; if the delegating physician is
not available, the delegating physician for purposes of consultation may
designate another physician who concurs with the terms of the nurse protocol
agreement;
(3)
Identify the parameters under which delegated acts may be performed by the
advanced practice registered nurse, including without limitation the number of
refills which may be ordered, the kinds of diagnostic studies which may be
ordered, the extent to which radiographic image tests may be ordered, and the
circumstances under which a prescription drug order may be executed. In the
event the delegating physician authorizes the advanced practice registered nurse
to order an X-ray, ultrasound, or radiographic imaging test, the nurse protocol
agreement shall contain provisions whereby such X-ray, ultrasound, or
radiographic imaging test shall be read and interpreted by a physician who is
trained in the reading and interpretation of such tests; a report of such X-ray,
ultrasound, or radiographic imaging test may be reviewed by the advanced
practice registered nurse; and a copy of such report shall be forwarded to the
delegating physician, except that such provision for an ultrasound shall not be
required for an advanced practice registered nurse acting within his or her
scope of practice as authorized by Code Sections 43-26-3 and
43-26-5;
(4)
Require documentation either in writing or by electronic means or other medium
by the advanced practice registered nurse of those acts performed by the
advanced practice registered nurse which are specific to the medical acts
authorized by the delegating physician;
(5)
Include a schedule for periodic review by the delegating physician of patient
records. Such patient records review may be achieved with a sampling of such
records as determined by the delegating physician;
(6)
Provide for patient evaluation or follow-up examination by the delegating
physician or other physician designated by the delegating physician pursuant to
paragraph (2) of this subsection, with the frequency of such evaluation or
follow-up examination based on the nature, extent, and scope of the delegated
act or acts as determined by the delegating physician in accordance with
paragraph (3) of this subsection and accepted standards of medical practice as
determined by the board;
(7)
Be reviewed, revised, or updated annually by the delegating physician and the
advanced practice registered nurse;
(8)
Be available for review upon written request to the advanced practice registered
nurse by the Georgia Board of Nursing or to the physician by the board;
and
(9)
Provide that a patient who receives a prescription drug order for any controlled
substance pursuant to a nurse protocol agreement shall be evaluated or examined
by the delegating physician or other physician designated by the delegating
physician pursuant to paragraph (2) of this subsection on at least a quarterly
basis or at a more frequent interval as determined by the board.
(d)
A written prescription drug order issued pursuant to this Code section shall be
signed by the advanced practice registered nurse and shall be on a form which
shall include, without limitation, the names of the advanced practice registered
nurse and delegating physician who are parties to the nurse protocol agreement,
the patient's name and address, the drug or device ordered, directions with
regard to the taking and dosage of the drug or use of the device, and the number
of refills. A prescription drug order which is transmitted either
electronically or via facsimile shall conform to the requirements set out in
paragraphs (1) and (2) of subsection (c) of Code Section 26-4-80,
respectively.
(e)
An advanced practice registered nurse may be authorized under a nurse protocol
agreement to request, receive, and sign for professional samples and may
distribute professional samples to patients. The office or facility at which
the advanced practice registered nurse is working shall maintain a list of the
professional samples approved by the delegating physician for request, receipt,
and distribution by the advanced practice registered nurse as well as a complete
list of the specific number and dosage of each professional sample and
medication voucher received and dispensed. In addition to the requirements of
this Code section, all professional samples shall be maintained as required by
applicable state and federal laws and regulations.
(f)
A managed care system, health plan, hospital, insurance company, or other
similar entity shall not require a physician or advanced practice registered
nurse to be a party to a nurse protocol agreement as a condition for
participation in or reimbursement from such entity.
(g)
A delegating physician may not enter into a nurse protocol agreement pursuant to
this Code section with more than four advanced practice registered nurses at any
one time, except this limitation shall not apply to an advanced practice
registered nurse that is practicing:
(1)
In a hospital licensed under Title 31;
(2)
In any college or university as defined in Code Section 20-8-1;
(3)
In the Department of Human Resources;
(4)
In any county board of health;
(5)
In any free health clinic;
(6)
In a birthing center;
(7)
In any entity:
(A)
Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal
Revenue Code, as defined in Code Section 48-1-2, and primarily serves uninsured
or indigent Medicaid and medicare patients; or
(B)
Which has been established under the authority of or is receiving funds pursuant
to 42 U.S.C. Section 254b or 254c of the United States Public Health Service
Act;
(8)
In any local board of education which has a school nurse program;
or
(9)
In a health maintenance organization that has an exclusive contract with a
medical group practice and arranges for the provision of substantially all
physician services to enrollees in health benefits of the health maintenance
organization.
(h)
Nothing in this Code section shall be construed to create a presumption of
liability, either civil or criminal, on the part of a pharmacist duly licensed
under Chapter 4 of Title 26 who, in good faith, fills a prescription drug order
of an advanced practice registered nurse issued pursuant to a nurse protocol
agreement.
(i)
Nothing in this Code section shall be construed to apply to the practice of a
certified registered nurse anesthetist.
(j)
Nothing in this Code section shall be construed to require an advanced practice
registered nurse to be a party to a nurse protocol agreement in order to
practice as a registered professional nurse or an advanced practice registered
nurse as otherwise permitted by Article 1 of Chapter 26 of this
title.
(k)
Nothing in this Code section shall be construed to authorize an advanced
practice registered nurse to issue a prescription drug order for a Schedule I or
II controlled substance or authorize refills of any drug for more than 12 months
from the date of the original order except in the case of oral contraceptives,
hormone replacement therapy, or prenatal vitamins which may be refilled for a
period of 24 months.
(l)
Nothing in this Code section shall be construed to allow an advanced practice
registered nurse to perform an abortion or to administer, prescribe, or issue a
drug order that is intended to cause an abortion to occur
pharmacologically.
(m)
The board shall have the authority to promulgate rules and regulations governing
a delegating physician in order to carry out the intents and purposes of this
Code section. Further, the board shall be authorized to:
(1)
Require that a nurse protocol agreement shall be filed by the delegating
physician with the board within a reasonable time from the date of
execution;
(2)
Determine, after review of a filed nurse protocol agreement, if such nurse
protocol agreement fails to meet accepted standards of medical practice as
established by the board; and
(3)
Require the delegating physician to amend any such noncompliant nurse protocol
agreement in order to meet such accepted standards.
(n)
Except for practice settings identified in paragraph (7) of subsection (g) of
this Code section, it shall be unlawful for a physician to be an employee of an
advanced practice registered nurse, alone or in combination with others, if the
physician is required to supervise the employing advanced practice registered
nurse. Such conduct shall be subject to sanctions by the Georgia Board of
Nursing as to the advanced practice registered nurse and the board as to the
physician.
43-34-27.
(a)(1)(A)
Any person who wishes to obtain the right to practice medicine in this state and
who was not, prior to March 16, 1970, registered or licensed to practice
medicine, either by the State Board of Medical Examiners or the State Board of
Examiners in Osteopathy, shall, before it shall be lawful for him
or
her to practice medicine in this state,
make application to the board through the executive director, upon such forms
and in such manner as shall be adopted and prescribed by the board, and shall
obtain from the board a license to practice medicine. Any person who practices
medicine without first having obtained a license shall be deemed to have
violated this
chapter
article.
All applicants for a license to practice medicine or for a renewal of any such
license which has been revoked shall furnish the board with evidence of good
moral character. Applications from candidates to practice medicine or surgery
in any of its branches shall be accompanied by proof that the applicant is a
graduate of
one of the
two colleges of medicine now existing in this state, or
from some
other
legally incorporated medical
college
school
or osteopathic
college
medical
school.
(B)
The board by rule or regulation may establish standards
and
procedures for evaluating, inspecting, and
approving any medical
school
or osteopathic
college not
already approved by it on or before March 16,
1970
medical
school. The evaluation procedure may
include consideration of reports from any outside agency having expertise in
medical
school
or osteopathic
college
medical
school evaluation; provided, however, that
the board shall make the final decision on approval of medical
schools
and osteopathic
colleges
medical
schools. Nothing contained in this Code
section shall prevent the approval of medical schools outside of the United
States or the licensing of graduates of medical schools outside of the United
States if such schools and their graduates comply with the standards established
in this Code section and by rule of the board.
(2)
Each medical
school or osteopathic medical school in good standing with the board shall have
a minimum preliminary educational requirement of the completion of a two-year
premedical college course.
(3)
Graduates of board approved medical
schools
or osteopathic
colleges
medical
schools and persons who
are
graduated on or before July 1, 1985, from medical
schools
or osteopathic
colleges
medical
schools which are not approved by the
board must complete one year of a
board
approved internship or
postgraduate
residency training program
to be
eligible to stand any regular examination given by the board for a license to
practice medicine in this state. Persons
who
are
graduated after July 1, 1985, from medical
schools
or osteopathic
colleges
medical
schools which are not approved by the
board must complete three years of
internship,
residency, fellowship, or other postgraduate medical training that is approved
by the Accreditation Council for Graduate Medical Education (ACGME), the
American Osteopathic Association (AOA), or the board to be eligible for a
license to practice medicine in this state. Current certification of any
applicant by a member board of the American Board of Medical Specialties may be
considered by the board as evidence that such applicant's postgraduate medical
training has satisfied the requirements of this paragraph. However, before any
such person shall be eligible to receive a license to practice medicine in this
state, he or she shall furnish the board with satisfactory evidence of
attainments and qualifications under this Code section and the rules and
regulations of the board. Nothing contained in this Code section shall be
construed so as to require a person who has previously passed an examination
given by the board for a license to practice medicine in this state to stand
another examination.
(3)(4)
If the applicant submits proof that he
or
she has had
postgraduate
training as
an intern or resident as required in
paragraph
(2)(3)
of this subsection and if he
or
she furnishes satisfactory evidence of
attainments
and qualifications under this
chapter
article
and the rules and regulations of the board, he
or
she shall be eligible to receive a license
from the board giving him
or
her absolute authority to practice
medicine in this
state,
provided that the board shall, before approving any internship program not
already approved by it on or before March 16, 1970, evaluate or inspect such
internship program and determine that such internship program meets the
standards of programs approved by the board on or before March 16,
1970;
provided, however, that the board may limit or restrict a license based on
lapses in recent clinical training or experience or any other deficiencies
identified by the board.
(4)(5)
If the date of graduation from an institution mentioned in subparagraph (B) of
paragraph (1) of this subsection is on or before January 1, 1967, no proof of
internship
postgraduate
training in an approved hospital need be
submitted to obtain a license from the board.
(b)(1)
Students who have completed the academic curriculum in residence in a foreign
medical school and who:
(A)
Have studied medicine at a medical school located outside of the United States,
Puerto Rico, and Canada which is
recognized
by the World Health Organization
approved by
the board; and
(B)
Have completed all of the formal requirements of the foreign medical school
except
internship
or social service
any
postgraduate training equivalent
may
substitute for the
internship
or social service
postgraduate
training equivalent required by a foreign
country an academic year of supervised clinical training (clinical clerkship)
prior to entrance into the first year of American Medical Association approved
graduate education. The supervised clinical training must be under the direction
of a medical school approved by the liaison committee on medical
education.
(2)
Before beginning the supervised clinical training, the students must have their
academic records reviewed and approved by the medical schools supervising their
clinical training and shall pass the Educational Council for Foreign Medical
Graduates (ECFMG) qualifying examination.
(3)
Students who are judged by the sponsoring medical schools to have successfully
completed the supervised clinical training shall be eligible to enter the first
year of American Medical Association approved graduate training program without
completing
social
service or internship obligations required
by the foreign country and without obtaining Educational Council for Foreign
Medical Graduates (ECFMG) certification.
(c)
Notwithstanding any other contrary provisions of this Code section, a person who
has:
(1)
Completed the academic curriculum in residence in a nonapproved medical school,
as specified in subsection (b) of this Code section;
(2)
Completed one year of supervised clinical training in a teaching hospital in
Georgia that is approved by the board;
(3)
Satisfactorily completed one year of a board approved internship or residency
training program in Georgia that is approved by the board;
(4)
Received a favorable letter of recommendation from the program director of such
board approved internship or residency program; and
(5)
Satisfactorily completed components 1 and 2 of the Federation Licensing
Examination (FLEX)
shall
be eligible to apply for a provisional license to practice medicine during the
completion of such person's board approved internship or residency training
program. Such provisional license, if approved by the board, shall allow the
holder to practice medicine in a Health Professional Shortage Area designated as
such by the United States Department of Health and Human Services, based on
recommendations by the Department of Community Health. Such a provisional
license shall not be approved pursuant to this subsection for more than two
years and if the licensee leaves, quits, or is expelled from the approved
residency program, the provisional license shall be deemed to be revoked. Such
provisional license shall be issued only upon approval by the board and nothing
contained in this subsection shall be construed to require the issuance of such
license.
(c)
For any applicant who has not passed a board approved licensing examination or a
board approved specialty board examination or recertification examination within
seven years of the date of application, the board shall determine, by an
evaluation program established by rule, such person's fitness to resume active
status and may require the person to complete a period of evaluated clinical
experience and successful completion of an examination. The board may also
require a licensee or applicant who is subject to discipline pursuant to Code
Section 43-34-9 to take and pass a clinical competency assessment or similar
examination approved by the board as a condition of licensure. Nothing
contained in this Code section shall be construed so as to require a person who
has previously passed an examination approved by the board for a license to
practice medicine in this state to stand another examination as a condition of
renewal of a current unrestricted license.
(d)
The board may approve any examination or examinations that it deems must be
passed in order to meet the requirements for licensure. Such examinations shall
be in English. The board shall establish the passing score which all applicants
for licensure shall meet or exceed. If an applicant fails for the third or any
subsequent time any examination which is required to be passed in order to
become a licensed practitioner in this state, the applicant shall not be
eligible to retake any such examination until such applicant furnishes proof of
having completed postgraduate one year of approved Accreditation Council for
Graduate Medical Education (ACGME) training.
43-34-28.
Any
qualified applicant who is an alien, except for graduates of accredited Canadian
medical schools as approved by the board, must have resided in the United States
for one year. All qualified applicants who are aliens and who shall comply with
all other requirements of this
chapter
article
shall be eligible to stand the examination provided for in this
chapter
article
and, upon his
or
her successful completion thereof, shall
be granted a license to practice medicine upon compliance with all other
requirements prescribed as a prerequisite to the issuance of a license.
Graduates of accredited Canadian medical schools, as approved by the board, are
exempt from the residency requirement of one year in the United States and may
be granted a license by endorsement of the Licentiate Medical Counsel of Canada
(LMCC) examination without further examination if the board determines that the
applicant substantially meets the qualifications required for licensure in this
state.
43-34-29.
The
board may grant a license without examination to licensees of boards of other
states requiring equal or higher
qualifications.,
upon the same basis as such states reciprocate with this state, all upon the
following terms and conditions:
(1)
If the date of the license from the board of such other state is on or before
January 1, 1967, no proof of interning in an approved hospital need be submitted
to obtain a license from the board giving the applicant absolute authority to
practice medicine in this state;
(2)
The applicant shall prove to the satisfaction of the board that the applicant
has graduated from a medical or osteopathic college approved by the board on the
date of application, for the purposes of this chapter, provided that the
applicant shall not be granted a license by reciprocity if the date of such
applicant's graduation from such medical or osteopathic college shall have
occurred prior to July 1, 1963, unless such medical or osteopathic college was
approved for the purposes of this chapter by the Composite State Board of
Medical Examiners or the State Board of Osteopathic Examiners as of the date of
such graduation;
(3)
If the date of the license from the board of such other state is after April 18,
1967, the applicant shall submit proof that he has had the same training as is
required for applicants for examination in paragraph (2) of subsection (a) of
Code Section 43-34-27, in which event the board shall grant the applicant a
license from the board giving the applicant absolute authority to practice
medicine in this state, provided that if the date of completion of such
internship program occurred prior to July 1, 1963, the board shall not grant
such license by reciprocity, except as allowed pursuant to the final proviso of
this paragraph, unless the internship program was approved by the board as of
the date of completion of such internship program by the applicant; and
provided, further, that the board may, in its discretion, waive the requirements
of this paragraph after determining that an applicant licensed to practice
medicine in another state which does not require an internship or residency has
been actively engaged in the practice of medicine in such other state for at
least two years.
43-34-29.1
43-34-30.
Notwithstanding
any other law to the contrary, the board may issue, in its discretion, without
examination, a teacher's license to licensed physicians of other states and
foreign countries for the sole purpose of teaching or demonstrating medicine in
a board approved medical college or its affiliated clinic in this state.
If issued
after January 1, 1999, a teacher's license shall be valid for up to two years
and may only be renewed, at the board's discretion, for one additional
year.
43-34-30.
The
board may grant a license without examination to an alien licensee of a board of
another state which requires equal or higher qualifications for licenses, upon
the same basis as such state reciprocates with this state, if such an applicant
for a license has resided within the United States for at least one
year.
43-34-31.
Licensed
physicians of other states and foreign countries may be permitted to enter this
state for consultation with any licensed physician of this state. A physician
from another state or from a foreign country shall not be permitted to establish
offices in this state for the practice of his
or
her profession, either temporary or
permanent, or practice under another physician's license, unless he
or
she obtains a license from the board.
A license
may be issued to a physician of another state or a foreign country by comity or
reciprocity if the standards for medical licensure of such a state or foreign
country equal those of this state, and after such state or foreign country
agrees to license physicians of this state on a like basis, provided such
agreements are not in conflict with this
article.
43-34-31.1
43-34-32.
(a)
A person who is physically located in another state or foreign country and who,
through the use of any means, including electronic, radiographic, or other means
of telecommunication, through which medical information or data
is
are
transmitted, performs an act that is part of a patient care service located in
this state, including but not limited to the initiation of imaging procedures or
the preparation of pathological material for examination, and that would affect
the diagnosis or treatment of the patient is engaged in the practice of medicine
in this state. Any person who performs such acts through such means shall be
required to have a license to practice medicine in this state and shall be
subject to regulation by the board. Any such out-of-state or foreign
practitioner shall not have ultimate authority over the care or primary
diagnosis of a patient who is located in this state.
(b)
This Code section shall not apply to:
(1)
The acts of a doctor of medicine or doctor of
osteopathy
osteopathic
medicine located in another state or
foreign country who:
(A)
Provides consultation services at the request of a physician licensed in this
state; and
(B)
Provides such services on an occasional rather than on a regular or routine
basis;
(2)
The acts of a physician or
osteopath
osteopathic
physician licensed in another state or
foreign country who:
(A)
Provides consultation services in the case of an emergency;
(B)
Provides consultation services without compensation, remuneration, or other
expectation thereof; or
(C)
Provides consultation services to a medical school which is located within this
state and approved by the board; or
(3)
The acts of a physician or
osteopath
osteopathic
physician located in another state or
foreign country when invited as a guest of any medical school
or osteopathic
medical school approved by the board or a
state medical society or component thereof, for the sole purpose of engaging in
professional education through lectures, clinics, or demonstrations, provided
that such physician or
osteopath
osteopathic
physician is licensed to practice medicine
or
osteopathy
osteopathic
medicine in the state or foreign country
in which he or she is located.
(c)
This Code section shall not be construed to alter the scope of practice of any
health care provider or authorize the delivery of health care services in a
setting or in a manner not otherwise authorized by the laws of this
state.
(d)
All persons subject to the provisions of this Code section shall be required to
comply with all applicable requirements of the laws of this state relating to
the maintenance of patient records and the confidentiality of patient
information, regardless of where such physician or health care provider may be
located and regardless of where or how the records of any patient located in
this state are maintained.
43-34-32
43-34-33.
The
executive director, with the approval of the
president
chairperson
of the board, may in his
or
her discretion issue a temporary license
to an applicant, which license shall have the same force and effect as a
permanent license until the next regular meeting of the board when the temporary
license shall become void.
A temporary
license shall not be recorded.
43-34-33
43-34-34.
(a)
Notwithstanding any other law to the contrary, any person who has resided in the
United States for one year, who is a graduate of a school accredited and
approved as provided in Code Section 43-34-27, and who is employed by this state
in any state operated institution, or who is employed by any state medical
college approved by the board may upon the request of the superintendent of such
state institution or the dean of such medical college employing the physician be
granted an institutional license authorizing such physician to practice
medicine, under proper medical supervision in accordance with this Code section,
in the state institution or medical college employing the licensee. The
institutional license may be renewable biennially, so long as the licensee
remains in the employ of the state institution or medical college requesting the
license, provided that such institutional license shall not be prima-facie
evidence that the holder thereof meets the minimum basic requirements for
examination by the board or for the issuance of a permanent license to practice
medicine.
(b)
Any residency requirement may be waived at the discretion of the board if a job
description is submitted to the board indicating that the applicant's duties in
one of the medical colleges in this state are strictly of a teaching nature as
opposed to direct patient care.
(c)
A person issued an institutional license pursuant to this Code section shall not
engage in the private practice of medicine and shall not receive fees or any
other remuneration from his patients. Persons practicing medicine pursuant to an
institutional license issued in accordance with this Code section shall receive
as their sole remuneration for the practice of medicine the salary and other
remuneration paid by the institution. The license of any person who violates
this Code section shall be subject to revocation by the board after notice and
opportunity for hearing.
(d)
Any physician applying for an institutional license who meets all other
requirements of the board must also furnish documentation of one year of
American Medical Association or American Osteopathic Association approved
postgraduate training (internship or residency), or other training acceptable to
the board. Any postgraduate training requirement may be waived for those
physicians whose duties are strictly of a teaching nature in one of the medical
colleges in this state.
(e)
Institutional license holders shall not be permitted to apply for a Drug
Enforcement Agency registration number to write prescriptions to be filled
outside the institution.
(f)
On and after July 1, 1983, no institutional license may be granted to any person
who previously had not been granted such a license. Any person first granted an
institutional license before July 1, 1980, who holds an institutional license on
July 1, 1983, may continue to renew that license biennially
under the
conditions otherwise specified in this Code
section. Any person first granted an
institutional license on or after July 1, 1980, who holds an institutional
license on July 1, 1983, may continue to renew that license biennially
under the
conditions otherwise specified in this Code
section, but these licenses shall expire
July 1, 1985, and may not thereafter be renewed.
43-34-34
43-34-35.
(a)
The board, in its discretion, may issue a provisional license to an applicant
who demonstrates to the board that he possesses all the qualifications and meets
all requirements necessary to become a licensed practitioner in this state
except for having passed any required examination. In such a case, the board may
waive the examination requirement and grant a provisional license which shall be
valid only so long as the applicant shall practice in the geographic locality
specified upon such license. A practitioner so licensed shall annually renew his
license and in doing so shall furnish such proof as the board may require to
indicate that he has practiced in the geographic location specified upon such
license, provided that any such provisional license shall expire 12 months after
its issue and may be renewed for only one additional 12 month period following
such expiration; provided, further, that a provisional license issued to a
person serving on April 16, 1979, as a district health director or as a director
of a county board of health shall be renewable annually without such
one-time-only renewal limitation, as long as such person continues to meet the
other requirements specified in this Code section and continues to serve in such
position. The board shall not issue any such provisional license unless it
determines, in its discretion, that there is an unfulfilled need for such
medical services in the locality specified.
(b)
Notwithstanding subsection (a) of this Code section, a provisional license
issued to a
A
person who held a valid provisional license on or before April 16, 1979, shall
be
renewable
able to renew
such license annually without any
one-time-only renewal limitation, as long as such person continues to meet the
other requirements specified in this
Code
section
article and
does not otherwise violate this
article.
(c)
If a license applicant fails, for the third or any subsequent time, any
examination which is required to be passed in order to become a licensed
practitioner in this state, the applicant shall not be eligible to retake any
such examination until such applicant furnishes proof of having completed one
year of appropriate education and training as approved by the
board.
(d)
The board shall have the power to promulgate such rules and regulations as may
be necessary to implement the intent of this Code section.
43-34-35
43-34-36.
(a)
The board shall issue licenses to practice medicine to all persons who shall
furnish satisfactory evidence of attainments and qualifications under this
chapter
article
and the rules and regulations of the board. Such license shall give absolute
authority to the person to whom it is issued to practice medicine in this state
unless
restricted pursuant to this
article.
(b)
It shall be the duty of the executive director, under the direction of the
board, to aid in the enforcement of this chapter and in the prosecution of all
persons charged with violations of its provisions.
(c)
Every person holding a license issued by the board under this article shall
display it in a conspicuous place in the licensee's principal place of
practice.
43-34-36.
Before
any person who obtains a license from the board may lawfully practice medicine,
he shall cause the license to be recorded in the office of the clerk of the
superior court of the county in which he resides. The license shall be recorded
by the clerk in a book kept for that purpose and shall be indexed in the name of
the person to whom the license is granted. The clerk's fee for recording the
license shall be the same as for recording a deed. The clerk shall make a report
to the executive director, on December 31 of each year, of all licenses
registered with him. Each applicant receiving a license from the board shall
cause the same to be registered within 30 days.
43-34-39.
In
all cases wherein a license has been revoked and no appeal has been entered
within the time allowed by law, it shall be the duty of the executive director,
immediately after the expiration of the time allowed for appeal, to transmit to
the clerk of the superior court in whose office the revoked license is recorded
a copy of the order of the board revoking the license, certified by the
executive director, with the appropriate fee; and it shall be the duty of the
clerk to cancel the record of the license by entering upon the face thereof a
copy of the certified order. In a case in which appeal proceedings are had and
not sustained, the revoked license shall be canceled in the manner above
provided, immediately after the final termination of such case.
43-34-40
43-34-37.
The
board is authorized to pass upon the good standing and reputation of any medical
school
or osteopathic
college
medical
school. Only such medical
schools
or osteopathic
colleges
medical
schools will be considered in good
standing
as
that
possess a full and complete faculty for the teaching of medicine, surgery, and
obstetrics in all their branches;
that
afford their students adequate clinical and hospital facilities;
that
have adequate curricula as determined by the board in its discretion; that
fulfill all their published promises, requirements, and other claims respecting
advantages to their students and the course of instruction; that exact a
preliminary educational requirement equal to that specified by this
chapter
article;
that require students to furnish testimonials of good moral standing; and that
give advanced standing only on cards from accredited medical
schools
or osteopathic
colleges
medical
schools. In determining the reputation of
the medical
school
or osteopathic
college
medical
school, the right to investigate and make
a personal inspection of the same is authorized.
43-34-41.
Each
medical or osteopathic school or college in good standing with the board shall
have a minimum preliminary educational requirement of the completion of a
two-year premedical college course.
43-34-42.
43-34-38.
(a)
Physicians and surgeons licensed to practice medicine in accordance with and
under this article shall be the only persons authorized to administer or perform
artificial insemination upon any female human being. Any other person or persons
who shall attempt to administer or perform or who shall actually administer or
perform artificial insemination upon any female human being shall be guilty of a
felony and, upon conviction thereof, shall be punished by imprisonment in the
penitentiary for not less than one year nor more than five years.
(b)
Any physician or surgeon who obtains written authorization signed by both the
husband and the wife authorizing him to perform or administer artificial
insemination shall be relieved of civil liability to the husband and wife or to
any child conceived by artificial insemination for the result or results of said
artificial insemination, provided that the written authorization provided for in
this Code section shall not relieve any physician or surgeon from any civil
liability arising from his own negligent administration or performance of
artificial insemination.
43-34-42.1
43-34-39.
(a)
This Code section shall be known and may be cited as the 'Access to Medical
Treatment Act.'
(b)
Notwithstanding any other provision of law, and except as provided in subsection
(c) of this Code section, an individual shall have the right to be treated for
any illness or disease which is potentially life threatening or chronically
disabling by a person licensed to practice medicine under this article with any
experimental or nonconventional medical treatment that such individual desires
or the legal representative of such individual authorizes if such person
licensed to practice medicine under this article has personally examined such
individual and agrees to treat such individual.
(c)
A person licensed to practice medicine under this article may provide any
medical treatment to an individual described in subsection (b) of this Code
section if:
(1)
There is no reasonable basis to conclude that the medical treatment itself, when
administered as directed, poses an unreasonable and significant risk of danger
to such individual; and
(2)
The person licensed to practice medicine under this article has provided the
patient with a written statement and an oral explanation, which the patient has
acknowledged by the patient's signature or the signature of the patient's legal
representative, that discloses the facts regarding the nature of the treatment,
specifically including that the treatment offered is experimental or
nonconventional, that the drug or medical device has not been approved by the
Food and Drug Administration for any indication, as well as the material risks
generally recognized by reasonably prudent physicians of such treatment's side
effects.
(d)
The treatment of patients in compliance with this Code section by a person
licensed to practice medicine under this article shall not by itself constitute
unprofessional practice or conduct.
43-34-43
43-34-40.
In
addition to any other remedy or criminal prosecution, whenever it shall appear
to the board that any person, firm, company, partnership, association, or
corporation or the agent, officer, or director of such firm, company,
partnership, association, or corporation is or has been violating any of the
provisions of this
chapter
article
or any of the laws of the state relating to the practice of medicine, the board
may, on its own motion or on the verified complaint in writing of any person,
file a complaint in its own name in the superior court having venue and
jurisdiction over the parties, alleging the facts and praying for a temporary
restraining order and an injunction and permanent injunction against such
person, firm, company, partnership, association, or corporation, including any
agent, officer, or director of same, restraining him
or
her from violating such law. Upon proof
thereof, the court shall issue such restraining order, injunction, and permanent
injunction without requiring allegation or proof that the petitioner therefor
has no adequate remedy at law. No restraining order or injunction, whether
temporary, permanent, or otherwise, shall be granted without a hearing after at
least ten days' notice. It is declared that such violation of this
chapter
article
is a menace and a nuisance dangerous to the public health, safety, and
welfare.
43-34-44
43-34-41.
Any
person who shall buy, sell, or fraudulently obtain any diploma, license, record,
or registration to practice
osteopathy
osteopathic
medicine, illegally obtained or signed, or
issued unlawfully or under fraudulent representation; or who shall use any of
the forms or letters, 'Osteopathy,' 'Osteopath,' 'Osteopathist,' 'Diplomate in
Osteopathy,' 'D.O.,' 'D.Sc.O.,' 'Osteopathic Physician,' 'Doctor of Osteopathy,'
or any other title or letters, either alone or with other qualifying words or
phrases, under such circumstances as to induce the belief that the person who
uses such term or terms is engaged in the practice of
osteopathy
osteopathic
medicine, or anyone who shall hold himself
or
herself out as practicing any other
nondrug-giving school of medical practice, without having complied with this
article, shall be guilty of a
misdemeanor
felony.
43-34-45.
Any
person who, by fraud or misrepresentation, shall practice, pretend to practice,
or use the science of osteopathy or other nondrug-giving school of medical
practice in treating diseases of the human body shall be guilty of a
misdemeanor.
43-34-45.1
43-34-42.
(a)
This Code section shall be known and may be cited as the 'Georgia Volunteers in
Medicine Health Care Act.'
(b)
Notwithstanding any other provision of law, the board shall issue a special
license to qualifying physicians under the terms and conditions set forth in
this Code section. The special license shall only be issued to a person
who:
(1)
Is currently licensed to practice medicine in any medical-licensing jurisdiction
in the United States and whose license is unrestricted and in good standing;
or
(2)
Is retired from the practice of medicine and not currently engaged in such
practice either full time or part time and has, prior to retirement, maintained
full licensure in good standing in any medical-licensing jurisdiction in the
United States.
As
used in this subsection, the term 'unrestricted' means that no restrictions have
been placed on a physician's license by the board, no sanctions or disciplinary
actions have been imposed by the board on a physician, and a physician is not
under probation or suspension by the board.
(c)
The special licensee shall be permitted to practice medicine only in the
noncompensated employ of public agencies or institutions or not for profit
agencies, not for profit institutions, nonprofit corporations, or not for profit
associations which provide medical services only to indigent patients in
medically underserved or critical need population areas of the state, as
determined by the board, or pursuant to Article 8 of Chapter 8 of Title
31.
(d)
The person applying for the special license under this Code section shall submit
to the board a copy of his or her medical degree, a copy of his or her 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 the board, whereby
he or she agrees unequivocally not to receive compensation for any medical
services he or she may render while in possession of the special
license.
(e)
The examination by the board, any application fees, and all licensure and
renewal fees
must
shall
be waived for the holder of the special license under this Code section and do
not apply to such person.
(f)
If at the time application is made for the special license the physician is not
in compliance with the continuing medical education requirements established by
the board,
the
physician shall be issued a nonrenewable temporary license to practice for six
months provided the applicant is otherwise qualified for such
license
such person
must document such compliance before a special license is
issued.
(g)(1)
Except as provided for in paragraph (2) of this subsection, the liability of
persons practicing medicine 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.
(2)
The liability of persons practicing medicine pursuant to Article 8 of Chapter 8
of Title 31 under and in compliance with a special license issued under this
Code section and the liability of their employers shall be governed by the
provisions of such article.
(h)
Nothing contained in this Code section shall be construed to authorize the
holder of the special license provided for in this Code section to perform
surgery or any surgical procedure.
(i)
This Code section, being in derogation of the common law, shall be strictly
construed.
43-34-46
43-34-43.
(a)
Any person who practices medicine without complying with this article or who
otherwise violates any provision of this article shall be guilty of a felony
and, upon conviction thereof, shall be punished by a fine of
not less
than $500.00 nor more than $1,000.00
per each
violation or by imprisonment from two to
five years, or both.
(b)
Any person presenting or attempting to file as his
or
her own the diploma or certificate or
credentials of
another,
or who shall give false or forged evidence of any kind to the board or any
member thereof in connection with an application for a license to practice
medicine,
or who shall practice medicine under a false or assumed
name,
or who shall falsely impersonate any other practitioner of a like or different
name shall be guilty of a felony and, upon conviction thereof, shall be punished
by a fine of
not less
than $500.00 nor more than $1,000.00
$5,000.00
or by imprisonment from two to five years, or both.
43-34-47
43-34-44.
(a)
As used in this Code section, the term:
(1)
'Program director' means a physician licensed in this state who is responsible
for screening, selecting, and supervising physicians enrolled in one or more of
an institution's postgraduate training programs.
(2)
'Temporary postgraduate training permit' means a permit issued by the board to a
graduate of a board approved medical
school
or osteopathic
medical
school who is enrolled in a postgraduate training program deemed acceptable by
the board and who does not currently hold a full and unrestricted license in
this state.
(3)
'Training institution' means an institution that sponsors and conducts a
postgraduate training program approved by the Accreditation Council for Graduate
Medical Education
(ACGME),
or
the American Osteopathic Association
(AOA),
or other
program approved by the board for the training of interns, residents, or
postresidency fellows
including
Canadian schools.
(b)(1)
An individual seeking to pursue postgraduate medical training in this state who
does not hold a license to practice medicine issued under this
chapter
article
shall apply to the board for a temporary postgraduate training permit. The
application shall be made on forms that the board shall furnish and shall be
accompanied by the application and permit fees set by the board. Such
application shall include the following:
(A)
Evidence satisfactory to the board that the applicant has been accepted or
appointed to participate at a training institution in this state in one of the
following:
(i)
An internship or residency program accredited by either the Accreditation
Council for Graduate Medical Education or the American Osteopathic Association;
or
(ii)
A clinical fellowship program at an institution with a residency program
accredited either by the Accreditation Council for Graduate Medical Education or
the American Osteopathic Association that is in a clinical field the same as or
related to the clinical field of the fellowship program;
(B)
Information satisfactory to the board that identifies the beginning and ending
dates of the period for which the applicant has been accepted or appointed to
participate in the internship, residency, or clinical fellowship program;
and
(C)
Any other information that the board requires.
Nothing
in this Code section shall prohibit an individual from obtaining a full and
unrestricted license to practice medicine under this article.
(2)
If the applicant meets the requirements of paragraph (1) of this subsection, the
board shall issue a temporary postgraduate training permit to the applicant. A
temporary postgraduate training permit issued pursuant to this subsection shall
be valid only for a period of one year but may, in the discretion of the board
and upon application duly made and payment of the renewal fee required by the
board, be renewed annually for the duration of the postgraduate training program
for a period not to exceed seven years. The board shall maintain a registry of
all individuals who hold temporary postgraduate training permits.
(3)
The holder of a valid temporary postgraduate training permit shall be entitled
to perform such acts as may be prescribed by or incidental to the holder's
postgraduate residency training program, but the holder shall not be entitled
otherwise to engage in the practice of medicine in this state. The holder shall
train only under the supervision of the physicians responsible for supervision
as part of the postgraduate training program. The temporary postgraduate
training permit shall authorize the person receiving the permit to practice in
facilities affiliated with the postgraduate training program only if such
practice is part of the training program.
(4)
Prior to participating in a postgraduate medical training program in this state,
individuals must either hold a license to practice medicine or a temporary
postgraduate training permit issued by the board or have applied for a temporary
postgraduate training permit. The board shall issue temporary postgraduate
training permits to applicants meeting the board's qualifications within 30 days
of receipt by the board of the application.
(5)
A temporary postgraduate training permit issued pursuant to this Code section
shall expire upon the permit holder's withdrawal or termination from, or
completion of, the postgraduate training program or upon obtaining a license to
practice medicine under this article.
(6)
The board shall have the authority to discipline the holder of a temporary
postgraduate training permit in the same manner and based upon any ground or
violation enumerated in Code
Sections
43-1-19 and 43-34-37
Section
43-34-8.
(7)
By obtaining a temporary postgraduate training permit, the permit holder
consents to the release of information pursuant to subsection (d) of this Code
section from program directors and supervising physicians and authorizes the
president
chairperson
of the board to be an agent for service.
(c)(1)
The board shall have the authority to refuse to issue or renew or to suspend,
revoke, or limit a temporary postgraduate training permit based upon any of the
grounds or violations enumerated in Code
Sections
43-1-19 and 43-34-37
Section
43-34-8.
(2)
The refusal, suspension, revocation, or limitation of a temporary postgraduate
training permit shall not be deemed to be a contested case under Chapter 13 of
Title 50, the 'Georgia Administrative Procedure Act,' and notice and a hearing
within the meaning of such chapter shall not be required. The individual or
permit holder shall be allowed to appear before the board if he or she so
requests regarding such refusal, suspension, revocation, or
limitation.
(d)(1)
It is the responsibility of the program director for the training program to
notify the board upon the permit holder's withdrawal or termination from, or
completion of, the postgraduate training program.
(2)
Program directors shall comply with all other reporting requirements which the
board by rule and regulation may require.
(3)
Failure to comply with the board's reporting requirements shall be grounds for
disciplinary action by the board.
(e)
The board may adopt such rules and regulations as necessary to effect the
purpose of this Code section.
ARTICLE
3
43-34-60.
This
article shall be known and may be cited as the 'Acupuncture Act of
Georgia.'
43-34-61.
The
General Assembly finds and declares that the practice of acupuncture in Georgia
affects the public health, safety, and welfare and that it is necessarily a
proper subject of regulation and control.
43-34-62.
As
used in this article, the term:
(1)
'Acupuncture' means a form of therapy developed from traditional and modern
Oriental concepts for health care that employs Oriental medical techniques,
treatment, and adjunctive therapies for the promotion, maintenance, and
restoration of health and the prevention of disease.
(2)
'Auricular (ear) detoxification therapy' means the insertion of disposable
acupuncture needles into the five auricular acupuncture points stipulated by the
National Acupuncture Detoxification Association protocol for the sole purpose of
treatment of chemical dependency.
(3)
'Board' means the
Georgia
Composite
State
Medical
Board of
Medical Examiners
created by
Code Section 43-34-21.
(4)
'Practice of acupuncture' means the insertion of disposable acupuncture needles
and the application of moxibustion to specific areas of the human body based
upon Oriental medical principles as a therapeutic modality.
Dry needling
is a technique of the practice of
acupuncture. Adjunctive therapies within
the scope of acupuncture may include manual, mechanical, herbal, thermal,
electrical, and electromagnetic treatment and the recommendation of dietary
guidelines and exercise, but only if such treatments, recommendations, and
exercises are based on concepts of traditional Oriental medicine and are
directly related to acupuncture therapy.
43-34-63.
The
board, in consultation with the advisory committee, shall have the power and
responsibility to:
(1)
Determine the qualifications and fitness of applicants for licensure and renewal
of licensure;
(2)
Adopt and revise rules consistent with the laws of this state that are necessary
to conduct its business, carry out its duties, and administer this
article;
(3)
Examine for, approve, issue, deny, revoke, suspend, and renew the licenses of
acupuncture applicants and licensed acupuncturists under this article and
conduct hearings in connection with these actions;
(4)
Conduct hearings on complaints concerning violations of this article and the
rules adopted under this article and cause the prosecution and enjoinder of the
violations;
(5)
Establish application, examination, and licensure fees;
(6)
Request and receive the assistance of state educational institutions or other
state agencies and prepare information of consumer interest describing the
regulatory functions of the board and the procedures by which consumer
complaints are filed with and resolved by the board. The board shall make the
information available to the public and appropriate state agencies;
and
(7)
Establish continuing education requirements.
43-34-64.
(a)
Each applicant for a license to practice acupuncture shall meet the following
requirements:
(1)
Be at least 21 years of age;
(2)
Submit a completed application required by the board;
(3)
Submit any fees required by the board;
(4)
Be certified in acupuncture by a national certification agency accredited by the
National Organization of Competency Assurance and approved by the
board;
(5)
Have successfully completed a nationally recognized clean needle technique
course approved by the board;
and
(6)
Have obtained professional liability insurance in the amount of at least
$100,000.00/$300,000.00.;
(7)
Have passed an acupuncture examination offered by an organization accredited by
the National Organization of Competency Assurance and approved by the board;
and
(8)
Have successfully completed a degree in acupuncture or a formal course of study
and training in acupuncture. The applicant shall submit documentation
satisfactory to the board to show that such education or course of study and
training was:
(A)
Completed at a school that is accredited by the Accreditation Commission for
Acupuncture and Oriental Medicine (ACAOM) or other accrediting entity approved
by the board: or
(B)
Completed by means of a program of acupuncture study and training that is
substantially equivalent to the acupuncture education offered by an accredited
school of acupuncture approved by the board.
(b)
Reserved.
(c)
Before any person licensed to practice acupuncture under this article, who has
less than one year of postgraduate clinical experience, may practice on his or
her own, such person must engage in one year of active practice under the
supervision of a licensed acupuncturist with a minimum of four years active
licensed clinical practice. Such supervising acupuncturist may be licensed in
Georgia or any other state or country with licensing requirements substantially
equal to Georgia's licensing requirements and may accumulate the required four
years of active licensed clinical practice in any combination of states so long
as the licensing requirements of such other states or countries are
substantially equal to Georgia's licensing requirements.
(d)
Each applicant for a license to perform auricular (ear) detoxification therapy
as an
auricular (ear) detoxification technician
shall meet the following requirements:
(1)
Be at least 21 years of age;
(2)
Submit a completed application required by the board;
(3)
Submit any fees required by the board;
(4)
Have successfully completed a nationally recognized training program in
auricular (ear) detoxification therapy for the treatment of chemical dependency
as approved by the board; and
(5)
Have successfully completed a nationally recognized clean needle technique
course approved by the board.
(e)
The practice of auricular (ear) detoxification therapy may take place in a city,
county, state, federal, or private chemical dependency program approved by the
board under the direct supervision of a licensed acupuncturist or a person
authorized to practice acupuncture by the board who is also authorized to
practice medicine under Article 2 of this chapter.
43-34-65.
After
evaluation of an application and other evidence submitted by an applicant, the
board shall notify such applicant that the application and evidence submitted
are satisfactory and accepted or unsatisfactory and rejected. If an application
is rejected, the notice shall state the reasons for rejection.
43-34-66.
(a)
Any document evidencing licensure issued by the board is the property of the
board and must be surrendered on demand.
(b)
Every person who holds a license issued by the board in accordance with this
article and who is engaged in the active practice of acupuncture
or the active
practice of auricular (ear) detoxification therapy as an auricular (ear)
detoxification technician shall display
the document evidencing licensure in an appropriate and public
manner.
(c)
Every person who holds a license issued by the board shall inform the board of
any change of address.
43-34-67.
(a)
A license issued under this article shall be renewed biennially if the person
holding such license is not in violation of this article at the time of
application for renewal and if the application fulfills current requirements of
continuing education as established by the board.
(b)
Each person licensed under this article is responsible for renewing his or her
license before the expiration date.
(c)
Under procedures and conditions established by the board, a license holder may
request that his or her license be declared inactive. The licensee may apply for
active status at any time and, upon meeting the conditions set by the board,
shall be declared active.
43-34-68.
(a)
Any person who undergoes acupuncture must consent to such procedure and shall be
informed in general terms of the following:
(1)
That the practice of acupuncture is based upon the Oriental arts and is
completely distinct and different from traditional western
medicine;
(2)
That the acupuncturist cannot practice medicine, is not making a medical
diagnosis of the person's disease or condition, and that such person should see
a physician if he or she wants to obtain a medical diagnosis; and
(3)
The nature and the purpose of the acupuncture treatment.
(b)
The board shall develop a standard informed consent form to be used by persons
licensed under this article. Such informed consent form shall include the
information set forth in subsection (a) of this Code section as well as any
other and additional information the board deems appropriate. The information
set forth in the informed consent form shall be in language which is easy to
read and readily understandable to the consuming public.
43-34-69.
The
board, in consultation with the advisory committee, may impose any sanction
authorized under subsection
(d)
(b)
of Code Section
43-1-19
43-34-8
upon a finding of any conduct specified in subsection (a) of Code Section
43-1-19
43-34-8
or a finding that such conduct involved dividing or agreeing to divide a fee for
acupuncture services with any person who refers a patient, notwithstanding that
such board is not a professional licensing board.
43-34-70.
The
board shall appoint an acupuncture advisory committee. The advisory committee
shall be
representative of a cross section of the cultural backgrounds of
the
include
members of the acupuncture profession licensed to practice acupuncture under
this article, persons licensed to practice medicine under Article 2 of this
chapter who are acupuncturists, and such members as the board in its discretion
may determine. Members shall receive no compensation for service on the
committee. The committee shall have such advisory duties and responsibilities as
the board may determine.
The charter
acupuncture advisory committee may include persons eligible for licensing under
this article. Subsequent acupuncture
Acupuncture
advisory committee members must be licensed pursuant to this
article.
43-34-71.
(a)
Unless licensed under this article or exempted under subsection (b) of this Code
section, no person shall:
(1)
Practice acupuncture or auricular (ear) detoxification therapy; or
(2)
Represent himself or herself to be an acupuncturist or auricular (ear)
detoxification
specialist
technician
who is licensed under this article.
(b)
The prohibition in subsection (a) of this Code section does not apply
to:
(1)
Any person licensed to practice medicine under Article 2 of this
chapter;
(2)
The practice of acupuncture which is an integral part of the program of study by
students enrolled in an acupuncture education program under the direct clinical
supervision of a licensed acupuncturist with at least five years of clinical
experience; or
(3)
The practice of acupuncture by any person licensed or certified to perform
acupuncture in any other jurisdiction
that has
requirements equivalent to or more stringent than this
article where such person is doing so in
the course of regular instruction in an approved educational program of
acupuncture or in an educational seminar of an approved professional
organization of acupuncture, provided that in the latter case the practice is
supervised directly by a person licensed to practice acupuncture pursuant to
this article or an acupuncturist who is licensed to practice medicine under
Article 2 of this chapter.
(c)
Any person violating subsection (a) of this Code section shall, upon conviction
thereof, be guilty of a misdemeanor.
43-34-72.
(a)
The titles 'Licensed Acupuncturist' (L. Ac.) and 'Acupuncturist' may only be
used by persons licensed under this article.
(b)
The title 'Auricular Detoxification
Specialist
Technician'
(A.D.S.)
(A.D.T.)
may only be used by persons licensed to practice auricular (ear) detoxification
therapy under this article. Possession of a license
to
practice as an
A.D.S.
A.D.T.
does not by itself entitle a person to identify himself or herself as an
acupuncturist. An auricular (ear) detoxification
specialist
technician
is strictly limited to five ear points' treatment for detoxification for
substance abuse, chemical dependency, or both.
(c)
No person licensed under this article may advertise or hold himself or herself
out to the public as being authorized to practice medicine under Article 2 of
this chapter.
ARTICLE
4
43-34-100.
This
article shall be known and may be cited as the
'Physician's
Physician
Assistant Act.'
43-34-101.
(a)
To alleviate the growing shortage and geographic maldistribution of health care
services in this state, the General Assembly intends, by this article, to
establish a
new category of health care, namely, assistants to physicians, which category
includes new types of health care personnel, as well as those persons licensed
in presently established categories of health
care
recognize
physician assistants and their role in addressing this growing health care
shortage.
(b)
This article is intended to encourage the more effective utilization of the
skills of physicians by enabling them to delegate health care tasks to such
assistants where such delegation is consistent with the patient's health and
welfare.
Toward this
end, the General
Assembly
intends to remove legal constraints which presently constitute unnecessary
hindrances to the more effective delivery of health care services.
43-34-102.
As
used in this article, the term:
(1)
'Applicant' means an individual seeking licensure as a physician assistant
pursuant to this article.
(1)(2)
'Alternate supervising physician' means a physician to whom a
board
approved primary supervising physician has
delegated the responsibility of supervising a
physician's
physician
assistant who is
licensed
to
approved for
supervision by that primary supervising
physician and who agrees to supervise the
physician's
physician
assistant for the primary supervising physician and who is on record with the
board.
(2)(3)
'Board' means the
Georgia
Composite
State
Medical
Board of
Medical Examiners
as created
by Code Section 43-34-21.
(3)(4)
'Carry out a prescription drug or device order' means to complete, on a form
established and approved by the board, a written prescription drug order or a
prescription device order pursuant to the authority delegated by a supervising
physician.
(4)
'Evaluation agency' means a public or private hospital, school, laboratory,
clinic, federal or state institution or agency, or similar facility which has
been approved by the board as possessing personnel and equipment and as having
had practice in a health care field sufficient to be able to make an objective
appraisal, in a manner prescribed by the board, of the proposed physician's
assistant's qualifications to perform the tasks described in the job
description.
(5)
'Job description' means a document, signed by the primary supervising physician
and the
physician's
assistant whom the primary supervising physician is
supervising,
physician
assistant, in which the primary supervising physician delegates to that
physician assistant authority to perform certain medical acts
and which describes the professional
background and specialty of the primary supervising
physician;
and
the
qualifications,
including related experience of the
physician's
physician
assistant; and
includes
a general description of how the
physician's
physician
assistant will be utilized in the practice. A job description shall not be
required to contain every activity the physician deems the
physician's
physician
assistant qualified to perform but shall confine the activities of the
physician's
physician
assistant to those in the scope of practice of the primary supervising
physician.
(6)
'Physician' means a person lawfully licensed in this state to practice medicine
and surgery pursuant to Article 2 of this chapter.
(7)
'Physician's
Physician
assistant' means
a skilled
person
an individual
licensed pursuant to this article who is
qualified by academic and practical training
to provide
patients' services not necessarily within the physical presence but under the
personal direction or supervision of the applying
physician
to perform
certain medical acts and who must practice with physician supervision and
direction pursuant to the job description required by this
article.
(8)
'Primary supervising physician' means the physician to whom the board
grants
the
licenses a
physician's assistant pursuant to a board approved job description and who has
the primary responsibility for supervising
the practice of
that
physician's
a
physician assistant
pursuant to
that physician assistant's job
description.
43-34-103.
(a)(1)
In order to obtain
approval
for the utilization of a person as a physician's assistant, whether the
utilization is in a private practice or through a public or private health care
institution or organization, the licensed physician who will be responsible for
the performance of that assistant
licensure as a
physician assistant, an applicant shall
submit an application to the board. Such application shall
include:
(1)(A)
Evidence submitted by the
proposed
physician's assistant
applicant
of his or her good moral character;
and
(2)(B)
Evidence of his or her competency in a health care area related to the job
description which, as a minimum, shall include:
(A)(i)
Evidence of satisfactory completion of a training program approved by the board.
If the applicant is not a graduate of an accredited school approved by the
board, he or she shall be required to receive board approved refresher training
and testing;
(B)
A finding by the board approved evaluation agency that the proposed physician's
assistant is qualified to perform the tasks described in the job
description;
(C)
Any nursing task by a student enrolled in a nursing program approved by the
Georgia Board of Nursing where any such task is performed under the supervision
of an authorized instructor lawfully licensed in this state to perform such
tasks; and
(D)(ii)
Evidence that the
person who
is to be used as a physician's assistant has achieved a satisfactory score on an
appropriate examination outlined, approved, or administered by the
board
applicant has
passed the Physician Assistant National Certification Examination (PANCE)
administered by the National Commission for the Certification of Physician
Assistants (NCCPA), or its successor, or the National Association for the
Certification of Anesthesia Assistants, (NACAA) or its
successor.
The
board may issue a temporary permit to any applicant for licensure who has
satisfied the provisions of
subparagraphs
(A) and (B)
division
(i) of this
paragraph
subparagraph
and who is an applicant for the next available board approved or administered
examination or who has completed this examination and is awaiting the results of
such examination. The temporary permit shall expire upon notification of the
applicant's failure to achieve a satisfactory score on the board approved or
administered examination.
A physician
assistant licensed pursuant to this paragraph shall not be authorized to perform
any medical acts of any sort except as approved for utilization by a physician
in a job description pursuant to paragraph (2) of this
subsection. The board may grant an
inactive licensure status to a
physician's
physician
assistant who is licensed pursuant to this article but who is not practicing
with the supervision of a board approved primary supervising
physician;.
(2)
In order to obtain approval for the utilization of a physician assistant,
whether the utilization is in a private practice or through a public or private
health care institution or organization, the licensed physician who will be
responsible for the performance of such physician assistant shall submit an
application to the board which shall include:
(i)
Evidence that the physician assistant is licensed pursuant to paragraph (1) of
this subsection;
(3)(ii)
A job description meeting the requirements of paragraph (5) of Code Section
43-34-102; and
(4)(iii)
A fee, established by the board; provided, however, that no fee will be required
if the
physician's
physician
assistant is an employee of the state or
a
county government.
(b)(1)
No primary supervising physician shall
have more
than four physician's assistants licensed to him or
her
be a party to
a job description with more than four physician assistants for
supervising at a time; provided, however,
that no physician may supervise more than two
physician's
physician
assistants at any one time except as provided in paragraph (2) of this
subsection.
(2)(A)
A physician may supervise as many as four
physician's
physician
assistants at any one time while practicing in a group practice in which other
physician members of such group practice are primary supervising
physicians.
(B)
A physician may supervise as many as four
physician's
physician
assistants at any one time while acting as an alternate supervising
physician:
(i)
In an institutional setting such as a hospital or clinic;
(ii)
On call for a primary supervising physician or a group practice; or
(iii)
If otherwise approved by the board to act as an alternate supervising
physician.
(3)
A primary supervising physician shall designate in writing to the board such
other physicians who may serve as an alternate supervising physician for each
physician's
physician
assistant
licensed
to
approved for
supervision by such primary supervising
physician. The board shall have authority to approve or deny such designations
in whole or in part; provided, however, a physician may be listed as an
alternate supervising physician for any number of
physician's
physician
assistants so long as he or she only supervises as many
physician's
physician
assistants at any one time as allowed by paragraph (2) of this
subsection.
(c)(1)
At all times while providing patient services, a physician assistant shall have
a signed job description submitted by his or her primary supervising physician
and approved by the board.
(2)
Nothing in this article shall prevent a
primary
supervising physician from submitting
to the
board a new
or amended
physician assistant job
description
when a physician's assistant, by reason of further education or experience and
successfully passing additional tests as shall be outlined and administered by
the board, becomes capable of performing a wider range of medical
tasks.
(d)
A
physician's
assistant shall be allowed to perform his duties only in the principal offices
of the applying physicians, which shall be
physician
assistant is authorized to practice in
those public or private places or
health
facilities where the
applying
supervising
physician
regularly
sees patients, provided that nothing in this article shall
prohibit the
rendering of services to a patient by a physician assistant who is not in the
physical presence of the supervising physician
or preclude a
physician's
physician
assistant from making house calls
and
hospital rounds,
performing
hospital duties, serving as an ambulance
attendant, or performing any functions
performed
authorized
by the
applying
supervising
physician which the
physician's
physician
assistant is qualified to perform.
(e)
A
physician's
physician
assistant may not be utilized to perform the duties of a pharmacist licensed
under Chapter 4 of Title 26, relating to pharmacists.
(e.1)(1)
In addition to the authority granted by Code Section
43-34-26.1
43-34-24,
a
physician's
physician
assistant shall be allowed to carry out a prescription drug order or orders for
any device as defined in Code Section 26-4-5, any dangerous drug as defined in
Code Section 16-13-71, or any Schedule III, IV, or V controlled substance as
defined in Code Section 16-13-21 on a prescription drug order or prescription
device order form as specified in paragraph (3) of this subsection, pursuant to
the authority delegated by the supervising physician of that
physician's
physician
assistant. Delegation of such authority shall be contained in the job
description required by this Code section. The delegating physician shall
remain responsible for the medical acts of the
physician's
physician
assistant performing such delegated acts and shall adequately supervise the
physician's
physician
assistant. If an existing job description for a
physician's
physician
assistant does not contain such authority to carry out a prescription drug or
device order as provided by this subsection, that
physician's
physician
assistant may not issue any such prescription drug or device order until a new
job description delegating such authority is submitted to and approved by the
board. Nothing in this Code section shall be construed to authorize the written
prescription drug order of a Schedule I or II controlled substance.
(2)
Nothing in this subsection shall be construed to create a presumption of
liability, either civil or criminal, on the part of a pharmacist who is duly
licensed under Title 26 and who in good faith fills a prescription drug or
device order presented by a patient pursuant to this subsection. The pharmacist
shall presume that the prescription drug or device order was issued by a
physician's
physician
assistant duly licensed under this
chapter
article
who has qualified under this Code section to prescribe pharmaceutical agents.
The pharmacist shall also presume that the pharmaceutical agent prescribed by
the
physician's
physician
assistant is an approved pharmaceutical agent, unless the pharmacist has actual
or constructive knowledge to the contrary.
(3)
The
physician's
physician
assistant shall only be authorized to exercise the rights granted under this
subsection using a prescription drug or device order form which includes the
name, address, and telephone number of the prescribing supervising physician,
the patient's name and address, the drug or device prescribed, the number of
refills, and directions to the patient with regard to the taking and dosage of
the drug. Such form shall be signed by the
physician's
physician
assistant using the following language:
This
prescription authorized through:
(the
prescribing supervising physician) (M.D.
or D.O.) by
(the
physician's assistant) (the physician
assistant)
PHYSICIAN'S
ASSISTANT
PHYSICIAN
ASSISTANT.
The
name of the prescribing supervising physician shall be handwritten in the
appropriate space by the
physician's
physician
assistant on the prescription drug or device order form. Any form containing
less information than that described in this paragraph shall not be offered to
or accepted by any pharmacist who is duly licensed under Title 26.
(4)
The physician's assistant shall inform the patient that the patient has the
right to see the physician prior to any prescription drug or device order being
carried out by the physician's assistant.
(5)
Unless otherwise restricted by the board or a board approved job description,
the physician's assistant shall not carry out a prescription drug or device
order for more than a 30 day supply, except in cases of chronic illnesses where
a 90 day supply may be ordered. The physician's assistant may authorize refills
up to six months from the date of the original prescription drug or device
order; provided, however, that refills may be authorized up to 12 months from
the date of the original prescription drug or device order for oral
contraceptives or other drugs or devices approved by the board.
(4)
Nothing in this Code section shall be construed to authorize a physician
assistant to authorize refills of any drug for more than 12 months from the date
of the original prescription drug or device order.
(6)(5)
A supervising physician shall
personally
reevaluate
evaluate or
examine, at least every three months, any
patient receiving controlled substances
or, at
least every six months, any patient receiving other prescription drugs or
devices.
(7)(6)
In addition to the copy of the prescription drug or device order delivered to
the patient, a record of such prescription shall be maintained in the
physician's
office
patient's
medical record in the following
manner:
(A)
A copy of
the prescription drug or device order shall be appended to or otherwise
maintained in the patient's medical file
The physician
assistant carrying out a prescription drug or device order shall document such
order either in writing or by electronic
means; and
(B)
The
supervising physician shall countersign the prescription drug or device order
copy or medical record entry for each prescription drug or device order within a
reasonable time, not to exceed seven working days, unless such countersignature
is required sooner by a specific regulation, policy, or
requirement
The
supervising physician of a physician assistant who carries out a prescription
drug or device order shall conduct a periodic review of the records of patients
to whom a physician assistant issues a prescription drug or device order. Such
review may be achieved with a sampling of such records as determined by the
board.
(8)(7)
A
physician's
physician
assistant is not permitted to prescribe drugs or devices except as authorized in
the
physician's
physician
assistant's job description and in accordance with this
chapter
article.
(9)(8)
The board
shall
may
adopt
any
rules
establishing:
(A)
The content and use of prescription drug or device order forms;
(B)
Procedures to evaluate an application for a job description containing the
authority to carry out a prescription drug or device order;
(C)
A formulary of prescription drugs or devices which may or may not be included in
a job description;
(D)
The maintenance and custody of records for prescription drug or device
orders;
(E)
A minimum of three continuing medical education hours biennially in practice
specific pharmaceuticals in which the physician's assistant has prescriptive
order privileges; and
(F)
Any other rules the board
may
deem
deems
necessary or appropriate to carry out the intent and purpose of this Code
section or to protect the public welfare.
(10)(9)
Nothing in this Code section is intended to repeal any rules established by the
board relating to the requirements and duties of
physician's
physician
assistants in remote practice sites.
(10)
A physician assistant authorized by a primary supervising physician to order
controlled substances pursuant to this Code section is authorized to register
with the federal Drug Enforcement Administration.
(11)
A physician assistant delegated the authority by the primary supervising
physician to carry out a prescription drug or device order shall be required to
complete a minimum of three hours of continuing education biennially in practice
specific pharmaceuticals in which the physician assistant has prescriptive order
privileges.
(e.2)
A
physician's
physician
assistant shall be allowed to request, receive, and sign for professional
samples and may distribute professional samples to patients, pursuant to
authority delegated by the supervising physician of that
physician's
physician
assistant. Delegation of such authority shall be contained in the job
description required by this Code section; provided, however, the office or
facility at which the
physician's
physician
assistant is working must maintain a list of professional samples approved by
the supervising physician for request, receipt, and distribution by the
physician's
physician
assistant as well as a complete list of the specific number and dosage of each
professional sample received and dispensed. In addition to the requirements of
this Code section, all professional samples shall be maintained as required by
applicable state and federal law and regulations. As used in this subsection,
the term 'professional samples' means complimentary doses of a drug, medication
vouchers, or medical devices provided by the manufacturer for use in patient
care.
(f)
A physician employed by the Department of Human Resources or by any institution
thereof or by a local health department whose duties are administrative in
nature and who does not normally provide health care to patients as such
employee shall not be authorized to apply for or utilize the services of any
physician's
physician
assistant employed by the Department of Human Resources or by any institution
thereof or by a local health department.
(g)
Nothing in this article shall be construed to prohibit a
physician's
physician
assistant from performing those acts the performance of which have been
delegated to that
physician's
physician
assistant pursuant to and in conformity with Code Section
43-34-26.1
43-34-24.
(h)
A physician and a
physician's
physician
assistant may enter into a temporary practice agreement exempt from any filing
fees with the board by which agreement the physician supervises the services
provided by the
physician's
physician
assistant to patients at a specific facility or program operated by any
organization exempt from federal taxes pursuant to Section 501(c)(3) of the
federal Internal Revenue Code, provided that:
(1)
Such services are provided primarily to financially disadvantaged
patients;
(2)
Such services are free or at a charge to the patient based solely on the
patient's ability to pay and provided, further, that such charges do not exceed
the actual cost to the facility or program;
(3)
The supervising physician and the
physician's
physician
assistant voluntarily and gratuitously donate their services;
(4)
Prior to providing any patient services, a copy of the temporary practice
agreement, signed by both the supervising physician and the
physician's
physician
assistant, is on file at the facility or program and is sent to the
board;
(5)
The temporary practice agreement is for a specified period of time, limits the
services of the
physician's
physician
assistant to those within the usual scope of practice of the supervising
physician, and is signed by both the supervising physician and the
physician's
physician
assistant prior to the
physician's
physician
assistant providing patient services; and
(6)
The facility or program has notified the board of its intent to provide patient
services and utilize licensed physicians and
physician's
physician
assistants under the conditions set out in this subsection.
(i)(1)
Notwithstanding any provision of this article to the contrary, a
physician's
physician
assistant licensed pursuant to this article or licensed, certified, or otherwise
authorized to practice in any other state or federal jurisdiction and whose
license, certification, or authorization is in good standing who responds to a
need for medical care created by conditions which characterize those of a state
of emergency or public health emergency may render such care that the
physician's
physician
assistant is able to provide with such supervision as is available at the
immediate scene or at the local site where such need for medical care exists or
at a relief site established as part of a state or local safety plan established
pursuant to Chapter 3 of Title 38. Such services shall be provided by a
physician's
physician
assistant in response to the request of an appropriate state or local official
implementing a state or local emergency management plan or program, and in
accordance with applicable guidelines established by such officials or plans.
The authority granted by this Code section shall last no longer than 48 hours or
such time as the board may establish under guidelines for supervision of the
physician's
physician
assistant rendering medical care.
(2)
For the purposes of this subsection, the term 'public health emergency' has the
same meaning as in paragraph (6) of Code Section 38-3-3, and the term 'state of
emergency' has the same meaning as in paragraph (7) of Code Section
38-3-3.
(j)
A physician assistant shall be allowed to make a pronouncement of death pursuant
to authority delegated by the supervising physician of the physician assistant
and to certify such pronouncement in the same manner as a
physician.
(k)
It shall be unlawful for a physician to be an employee of a physician assistant,
alone or in combination with others, if the physician is required to supervise
the physician assistant; provided, however, that this shall not apply to
arrangements of this nature which were approved by the board on or before July
1, 2009. Such conduct shall be subject to sanctions by the board as to the
physician and the physician assistant.
43-34-104.
(a)
Within a reasonable time after receipt of the documents required by
Code
Section 43-34-103
this
article, the board shall give to the
applicant written notice of approval or disapproval of the
physician
assistant's
application;
and, if approval of the application is given, the board shall issue to the
assistant a license authorizing the assistant to perform medical tasks under the
direction and supervision of the applying
physician.
(b)
The board shall not approve an application unless it finds from the information
forwarded with the application that the
proposed
physician's assistant is fully qualified to perform the tasks described in the
job description and will be utilized in a manner that will not endanger the
health and welfare of patients upon whom he may perform the described medical
tasks
applicant has
complied with the requirements in this
article.
43-34-105.
On
receipt of notice of the board's approval, a
physician's
physician
assistant, under the direction of the applying physician, may perform the tasks
described in the job description, provided that nothing in this Code section
shall make unlawful the performance of a medical task by the
physician's
physician
assistant, whether or not such task is specified in the general job description,
when it is performed under the direct supervision and in the presence of the
physician utilizing him
or
her.
43-34-106.
Any
physician, clinic, or hospital using a
physician's
physician
assistant shall post a notice to that effect in a prominent place.
43-34-107.
(a)
The approval of a physician's utilization of a
physician's
physician
assistant may be terminated and the license revoked by the board when, after due
notice and a hearing, in accordance with this Code section, it shall find that
the assistant is incompetent or has committed unethical or immoral acts,
including, but not limited to, holding himself or herself out or permitting
another to represent him or her as a licensed physician; performing otherwise
than at the direction of a physician approved by the board to utilize the
assistant's services; habitually using intoxicants or drugs to such an extent
that he or she is unable safely to perform as an assistant to the physician; or
being convicted in any court, state or federal, of any felony or other criminal
offense involving moral turpitude.
(b)
Before the board shall give written notice to the
physician's
physician
assistant of termination of approval granted by it to an assistant, it will give
to the assistant a timely and reasonable written notice indicating the general
nature of the charges, accusation, or complaint preferred against him and
stating that the assistant will be given an opportunity to be heard concerning
such charges or complaints; and it shall hold a public hearing within a
reasonable time. Following such hearing, the board shall determine, on the basis
of its regulations, whether the approval of the assistant shall be
terminated.
(c)
In hearings held pursuant to this Code section, the board shall apply the rules
of evidence as prescribed in Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.'
(d)
The board may impose on a physician assistant any sanction authorized under
subsection (b) of Code Section 43-34-8 upon a finding of any conduct specified
in subsection (a) of Code Section 43-34-8.
43-34-108.
In
addition to the powers specifically delegated to it in this article, the board
shall have the authority to perform all acts which are necessary, proper, or
incidental to the efficient development of the category of health care
established by this article. The board shall have the authority to promulgate
rules and regulations governing the definitions of delegation by physicians to
qualified persons other than
physician's
physician
assistants of any acts, duties, or functions which are permitted by law or
established by custom. Any power vested by law in the board, but not implemented
by specific provisions for the exercise thereof, may be executed and carried out
by the board in a reasonable manner, pursuant to such rules, regulations, and
procedures as the board may adopt and subject to such limitations as may be
provided by law.
ARTICLE
5
43-34-120.
This
article shall be known and may be cited as the 'Controlled Substances
Therapeutic Research Act.'
43-34-121.
(a)
The General Assembly finds and declares that the potential medicinal value of
marijuana has received insufficient study due to a lack of financial incentives
for the undertaking of appropriate research by private drug manufacturing
concerns. Individual physicians cannot feasibly utilize marijuana in clinical
trials because of federal governmental controls which involve expensive,
time-consuming approval and monitoring procedures.
(b)
The General Assembly further finds and declares that limited studies throughout
the nation indicate that marijuana and certain of its derivatives possess
valuable and, in some cases, unique therapeutic properties, including the
ability to relieve nausea and vomiting which routinely accompany chemotherapy
and irradiation used to treat cancer patients. Marijuana also may be effective
in reducing intraocular pressure in glaucoma patients who do not respond well to
conventional medications.
(c)
The General Assembly further finds and declares that, in enabling individual
physicians and their patients to participate in a state-sponsored program for
the investigational use of marijuana and its derivatives, qualified physicians
and surgeons throughout the state will be able to study the benefits of the drug
in a controlled clinical setting, and additional knowledge will be gained with
respect to dosage and effects.
(d)
It is the intent of the General Assembly in enacting this article to permit
research into the therapeutic applications of marijuana and its derivatives in
cancer and glaucoma patients. This would allow qualified physicians approved by
the Patient Qualification Review Board created by Code Section 43-34-124 to
provide the drug on a compassionate basis to seriously ill persons suffering
from the severe side effects of chemotherapy or radiation treatment and to
persons suffering from glaucoma who are not responding to conventional
treatment, which persons would otherwise have no lawful access to it. It is the
further intent of the General Assembly to facilitate clinical trials of
marijuana and its derivatives, particularly with respect to persons suffering
from cancer and glaucoma who would be benefited by use of the drug.
(e)
This article is limited to clinical trials and research into therapeutic
applications of marijuana only for use in treating glaucoma and in treating the
side effects of chemotherapeutic agents and radiation and should not be
construed as either encouraging or sanctioning the social use of marijuana.
Nothing in this article shall be construed to encourage the use of marijuana in
lieu of or in conjunction with other accepted medical treatment, but only as an
adjunct to such accepted medical treatment.
43-34-122.
As
used in this article, the term:
(1)
'Composite
board'
'Board'
means the
Georgia
Composite
State
Medical
Board of
Medical Examiners established pursuant to Article 2 of this
chapter.
(2)
'Marijuana' means marijuana or tetrahydrocannabinol, as defined or listed in
Article 2 of Chapter 13 of Title 16.
(3)
'Physician' means a person licensed to practice medicine pursuant to Article 2
of this chapter.
(4)
'Program' means the Controlled Substances Therapeutic Research Program
established pursuant to Code Section 43-34-123.
(5)
'Review board' means the Patient Qualification Review Board established pursuant
to Code Section 43-34-124.
43-34-123.
(a)
There is established under the
Georgia
Composite
State
Medical
Board of
Medical Examiners the Controlled
Substances Therapeutic Research Program, which shall be administered by the
composite
board. Under the program, the
composite
board shall act as a sponsor of state-wide investigational studies, utilizing as
drug investigators individual physicians who elect to participate in accordance
with the guidelines and protocols developed by the
composite
board. Such guidelines and protocols shall be designed to ensure that stringent
security and record-keeping requirements for research drugs are met and that
participants in the program meet those research standards necessary to establish
empirical bases for the evaluation of marijuana as a medically recognized
therapeutic substance. The
composite
board shall promulgate such rules and regulations as it deems necessary or
advisable to administer the program. In promulgating such guidelines, protocols,
rules, and regulations, the
composite
board shall take into consideration those pertinent rules and regulations
promulgated by the Federal Drug Enforcement Agency, the Food and Drug
Administration, and the National Institute on Drug Abuse.
(b)
The program shall be limited to patients who are certified to the
composite
board by a physician as being:
(1)
Cancer patients involved in a life-threatening situation in which treatment by
chemotherapy or radiology has produced severe side effects; or
(2)
Glaucoma patients who are not responding to conventional controlled
substances.
(c)
No patient may be admitted to the program without full disclosure by the
physician of the experimental nature of the program and of the possible risks
and side effects of the proposed treatment.
(d)
The cost of any blood test required by the federal Food and Drug Administration
prior to entrance into the program shall be paid by the patient seeking entrance
into the program.
(e)
Only the following persons shall have access to the names and other identifying
characteristics of patients in the program for whom marijuana has been
prescribed under this article:
(1)
The
composite
board;
(2)
The review board created by Code Section 43-34-124;
(3)
The Attorney General or his
or
her designee;
(4)
Any person directly connected with the program who has a legitimate need for the
information; and
(5)
Any federal agency having responsibility for the program.
43-34-124.
(a)
The
composite
board shall appoint the Patient Qualification Review Board. Each member of the
review board shall be approved for such membership by a majority vote of the
composite
board and shall serve at the pleasure of the
composite
board. The review board shall be composed of:
(1)
A board certified physician in ophthalmology;
(2)
A board certified physician in surgery;
(3)
A board certified physician in internal medicine and medical
oncology;
(4)
A board certified physician in psychiatry;
(5)
A board certified physician in radiology; and
(6)
A pharmacist licensed under Chapter 4 of Title 26, relating to pharmacists,
pharmacy, and drugs.
(b)
The review board shall elect from its members a
chairman
chairperson
and a
vice-chairman
vice
chairperson. The review board shall hold
regular meetings at least once every 60 days and shall meet at such additional
times as shall be called by the
chairman
chairperson
of the review board or the
president
chairperson
of the
composite
board. Each member of the review board shall receive for services for each
day's attendance upon meetings of such board the same amount authorized by law
for members of the General Assembly for attendance upon meetings of the General
Assembly.
(c)
The
composite
board shall adopt such rules and regulations as it deems necessary for the
performance of the duties of the review board.
(d)
The review board shall review all patient applicants for the program and their
physicians and shall certify those qualified for participation in the program.
The review board shall additionally certify pharmacies which are licensed by the
state and which are otherwise qualified and certify physicians regarding the
distribution of marijuana pursuant to Code Section 43-34-125. Meetings of the
review board to certify patients, physicians, or pharmacies shall not be open to
the public, as otherwise required by Chapter 14 of Title 50.
43-34-125.
(a)
The
composite
board shall apply to contract with the National Institute on Drug Abuse for
receipt of marijuana pursuant to this article and pursuant to regulations
promulgated by the National Institute on Drug Abuse, the Food and Drug
Administration, and the Federal Drug Enforcement Agency.
(b)
The
composite
board shall cause marijuana approved for use in the program to be transferred to
a certified pharmacy, licensed by the state, for distribution to the certified
patient by a licensed pharmacist upon a written order for research medication of
the certified physician, pursuant to this article. Any reasonable costs incurred
by the
composite
board in obtaining or testing marijuana shall be charged to participating
physicians who may seek reimbursement from their research subjects utilizing the
marijuana.
43-34-126.
Patient
participants in the program are immune from state prosecution for possession of
marijuana as authorized by this article and under the program established in
this article. A person authorized under this program shall not possess an amount
of marijuana in excess of the amount prescribed under the authority of this
article. The amount prescribed shall be maintained in the container in which it
was placed at the time the prescription was filled. Physician, pharmacy, and
pharmacist participants in the program are immune from state prosecution for
possession, distribution, and any other use of marijuana, which use is
authorized such persons by this article. Any such possession, distribution, or
other use not authorized by this article shall be enforced and punished as
provided in Chapter 13 of Title 16, relating to controlled substances and
dangerous drugs, and Chapter 4 of Title 26, relating to pharmacists and
pharmacies.
ARTICLE
6
43-34-140.
This
article shall be known and may be cited as the 'Respiratory Care Practices
Act.'
43-34-141.
The
General Assembly finds and declares that the practice of respiratory care in
Georgia affects the public health, safety, and welfare and that it is
necessarily a proper subject of regulation and control.
43-34-142.
As
used in this article, the term:
(1)
'Board' means the
Georgia
Composite
State
Medical
Board of
Medical Examiners as created by Code Section
43-34-21.
(2)
'Respiratory care' means the rendering of services to patients with deficiencies
or abnormalities which affect the pulmonary and cardiac systems and which
services involve therapy, management, rehabilitation, diagnostic evaluation,
education, or care of such patients with regard to such deficiencies or
abnormalities.
(3)
'Respiratory care professional' means any person certified under this article to
practice respiratory care.
43-34-143.
The
board, in consultation with the advisory committee, shall have the power and
responsibility to:
(1)
Determine the qualifications and fitness of applicants for certification,
renewal of the certificate, and reciprocal certification;
(2)
Adopt and revise rules consistent with the laws of the State of Georgia that are
necessary to conduct its business, carry out its duties, and administer this
article;
(3)
Examine for, approve, issue, deny, revoke, suspend, and renew the certification
of respiratory care professional applicants and certificate holders under this
article and conduct hearings in connection with these actions;
(4)
Conduct hearings on complaints concerning violations of this article and the
rules adopted under this article and cause the prosecution and enjoinder of the
violations;
(5)
Establish application, examination, and certification fees;
(6)
Request and receive the assistance of state educational institutions or other
state agencies;
(7)
Prepare information of consumer interest describing the regulatory functions of
the board and describing the procedures by which consumer complaints are filed
with and resolved by the board. The board shall make the information available
to the general public and appropriate state agencies; and
(8)
Establish continuing education requirements.
43-34-144.
The
board shall, upon application and payment of fees, issue a certification to
perform respiratory care to persons who are not certified under this article but
who were practicing respiratory care in this state on April 27, 1993, upon
written evidence of such practice verified under oath. Such persons shall
complete their application for certification no later than 18 months following
April 27, 1993. A person granted a certification under this Code section shall
be subject to the other provisions of this article relating to persons granted
such certifications under Code Section 43-34-145, including but not limited to
continuing education requirements.
43-34-145
43-34-144.
(a)
Each applicant for certification as a respiratory care professional shall meet
the following requirements:
(1)
Is at least 18 years of age;
(2)
Has submitted a completed application as required by the board;
(3)
Has submitted any fees required by the board;
(4)
Has successfully passed the entry level examination given by the National Board
for Respiratory Care, Inc., or such other examination as the board may in its
discretion administer or approve; and
(5)
Has met such other requirements as may be prescribed by the board.
(b)
In addition to the requirements specified in subsection (a) of this Code
section, each applicant for certification under this
chapter
article
shall be working under the supervision or direction of a person licensed under
Article 2 of this chapter and shall, in order to maintain certification,
continue to work under the supervision or direction of a person licensed under
Article 2 of this chapter.
43-34-146
43-34-145.
After
evaluation of an application and other evidence submitted, the board shall
notify each applicant that the application and evidence submitted are
satisfactory and accepted or unsatisfactory and rejected. If rejected, the
notice shall state the reasons for the rejection.
43-34-147
43-34-146.
(a)
Any document evidencing certification issued by the board is the property of the
board and must be surrendered on demand.
(b)
The certificate holder shall display the document evidencing certification in an
appropriate and public manner.
(c)
The certificate holder shall inform the board of any change of
his
address.
(d)
The certificate shall be renewed biennially if the certificate holder is not in
violation of this article at the time of application for renewal and if the
applicant fulfills current requirements of continuing education as established
by the board.
(e)
Each person certified under this article is responsible for renewing his
or
her certificate before the expiration
date.
(f)
Under procedures and conditions established by the board, a certificate holder
may request that his
or
her certification be declared inactive.
The certificate holder may apply for active status at any time and upon meeting
the conditions set by the board shall be declared active.
(g)
The board shall be authorized to:
(1)
Require persons seeking renewal of certification as respiratory care
professionals under this article to complete board approved continuing
education;
(2)
Establish the number of hours of continuing education to be completed as well as
the categories in which the continuing education is to be completed;
and
(3)
Approve courses offered by institutions of higher learning, specialty societies,
or professional organizations.
43-34-147.1
43-34-147.
Upon
payment of a fee determined by the board, a temporary permit may be issued to
practice respiratory care
for a
period of:
(1)
Twelve
For a period
of 12 months to an applicant for
certification under Code Section
43-34-147.2
43-34-148
providing that applicant presents written evidence verified by oath that the
applicant was certified, licensed, or practicing respiratory care within the
last 12 months in another state; or
(2)
Eighteen
months to
To
a person who is a graduate of an accredited respiratory therapy program
accredited by the Commission on Accreditation of Allied Health Education
Programs, or the equivalent thereof as accepted by the board, pending completion
of the other requirements for certification under this article.
43-34-147.2
43-34-148.
An
individual who has been granted certification, registration, licensure, or other
authority by whatever name known to practice respiratory care in another state
having requirements for such authority to practice which are substantially equal
to or which exceed the requirements for a similar certificate in this state may
petition the board for reciprocity in this state and, upon submission of an
application and requisite fees and upon verification by oath and submission of
evidence acceptable to the board, may be granted a certificate to practice
respiratory care in Georgia.
43-34-148.
43-34-149.
(a)
The board, in consultation with the advisory committee,
may:
impose on a
respiratory care professional any sanction authorized under subsection (b) of
Code Section 43-34-8 upon a finding of any conduct specified in subsection (a)
of Code Section 43-34-8.
(1)
Refuse to grant or renew certification to an applicant;
(2)
Administer a public or private reprimand, but a private reprimand shall not be
disclosed to any person except the certificate holder;
(3)
Suspend the certificate of any certificate holder for a definite period or for
an indefinite period in connection with any condition which may be attached to
the restoration of said certificate;
(4)
Limit or restrict any certificate as the board deems necessary for the
protection of the public;
(5)
Revoke any certificate;
(6)
Levy a fine; and
(7)
Condition any penalty or withhold formal disposition of any matter pending the
applicant's or certificate holder's submission to such care, counseling, or
treatment as the board may direct.
(b)
The board may take any action specified in subsection (a) of this Code section
upon a finding by the board that the certificate holder or applicant
has:
(1)
Failed to demonstrate the qualifications or standards for certification
contained in this Code section, or under the laws, rules, or regulations under
which certification is sought or held; it shall be incumbent upon the applicant
to demonstrate to the satisfaction of the board that he meets all the
requirements for certification, and, if the board is not satisfied as to the
applicant's qualifications, it may deny certification without a prior hearing;
provided, however, that the applicant shall be allowed to appear before the
board if he so desires;
(2)
Knowingly made misleading, deceptive, untrue, or fraudulent representations in
the practice of a business or profession certified under this title or on any
document connected therewith, or practiced fraud or deceit or intentionally made
any false statement in obtaining certification to practice a certified business
or profession, or made a false statement or deceptive registration with the
board;
(3)
Been convicted of any felony or of any crime involving moral turpitude in the
courts of this state or any other state, territory, or country or in the courts
of the United States. As used in this paragraph and paragraph (4) of this
subsection, the term 'felony' shall include any offense which, if committed in
this state, would be deemed a felony, without regard to its designation
elsewhere; and, as used in this paragraph, the term 'conviction' shall include a
finding or verdict of guilty or a plea of guilty, regardless of whether an
appeal of the conviction has been sought;
(4)
Been arrested, charged, and sentenced for the commission of any felony or any
crime involving moral turpitude where:
(A)
A plea of nolo contendere was entered to the charge;
(B)
First offender treatment without adjudication of guilt pursuant to the charge
was granted; or
(C)
An adjudication or sentence was otherwise withheld or not entered on the
charge.
The
plea of nolo contendere or the order entered pursuant to the provisions of
Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or
other first offender treatment shall be conclusive evidence of arrest and
sentencing for such crime;
(5)
Had his certificate under this article revoked, suspended, or annulled by any
lawful authority other than the board; or had other disciplinary action taken
against him by any such lawful authority other than the board; or was refused
the renewal of certification by any such lawful authority other than the board,
pursuant to disciplinary proceedings;
(6)
Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious
conduct or practice harmful to the public, which conduct or practice materially
affects the fitness of the certificate holder or applicant to practice a
business or profession certified under this article, or of a nature likely to
jeopardize the interest of the public, which conduct or practice need not have
resulted in actual injury to any person or be directly related to the practice
of the certified business or profession but shows that the certificate holder or
applicant has committed any act or omission which is indicative of bad moral
character or untrustworthiness. Unprofessional conduct shall include any
departure from, or the failure to conform to, the minimal standards of
acceptable and prevailing practice of the business or profession certified under
this article;
(7)
Knowingly performed any act which in any way aids, assists, procures, advises,
or encourages any uncertified person or any certificate holder whose certificate
has been suspended or revoked by the board to engage in any practice outside the
scope of any disciplinary limitation placed upon the certificate holder by the
board;
(8)
Violated, without regard to whether the violation is criminally punishable, a
statute, law, or any rule or regulation of this state, any other state, the
professional licensing board regulating the business or profession licensed
under this title, the United States, or any other lawful authority, which
statute, law, or rule or regulation relates to or in part regulates the practice
of a business or profession certified under this article, when the certificate
holder or applicant knows or should know that such action is violative of such
statute, law, or rule; or violated a lawful order of the board previously
entered by the board in a disciplinary hearing, consent decree, or certification
reinstatement;
(9)
Been adjudged mentally incompetent by a court of competent jurisdiction inside
or outside this state. Any such adjudication shall automatically suspend the
license of any such person and shall prevent the reissuance or renewal of any
license so suspended for as long as the adjudication of incompetence is in
effect; or
(10)
Displayed an inability to practice a business or profession certified under this
article with reasonable skill and safety to the public or has become unable to
practice the certified business or profession with reasonable skill and safety
to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals,
or any other type of material.
43-34-149.
43-34-150.
The
board shall appoint a respiratory care advisory committee. The committee shall
be composed of persons engaged in the practice of respiratory therapy, persons
licensed under Article 2 of this chapter who specialize or are board certified
in pulmonary medicine, and such members as the board at its discretion may
determine. Members shall receive no compensation for service on the committee.
The committee shall have such advisory duties and responsibilities as the board
may determine.
43-34-150.
43-34-151.
(a)
Unless certified under this article or exempted under subsection (b) of this
Code section, no person shall:
(1)
Practice respiratory care; or
(2)
Represent himself or herself to be a respiratory care professional who is
certified under this article.
(b)
The prohibition in subsection (a) of this Code section does not apply
to:
(1)
The delivery of respiratory care by health care personnel who have been formally
trained in these modalities and who are duly licensed to provide that care under
any other provision of this title;
(2)
The practice of respiratory care which is an integral part of the program of
study by students enrolled in a respiratory care education program recognized by
the Joint Review Committee for Respiratory Therapy Education and the American
Medical Association Committee on Allied Health Education and Accreditation
(CAHEA) or the equivalent thereof as accepted by the board. Students enrolled in
respiratory therapy education programs shall be identified as 'student-RCP' and
shall only provide respiratory care under direct clinical
supervision;
(3)
Self-care by a patient or gratuitous care by a friend or family member who does
not represent or hold himself or herself out to be a respiratory care
professional;
(4)
Respiratory care services rendered in the course of an emergency or
disaster;
(5)
Persons in the military services or working in federal facilities when
functioning in the course of their assigned duties;
(6)
The performance of respiratory care diagnostic testing by individuals who are
certified or registered as pulmonary function
technologist
technologists
by the National Board for Respiratory Care, or equivalent certifying agency, as
recognized by the board;
(7)
The delivery, assembly, setup, testing, and demonstration of oxygen and aerosol
equipment upon the order of a physician licensed under Article 2 of this
chapter; or
(8)
Persons who perform limited respiratory care procedures under the supervision of
a certified respiratory care professional in a hospital or nursing home when the
board has defined the competencies required to perform such limited respiratory
care procedures.
(c)
Any person violating the prohibition of subsection (a) of this Code section
shall be guilty of a misdemeanor.
(d)
Practitioners regulated under this article shall be covered pursuant to Code
Section 51-1-29.
(e)
Nothing in this article shall be construed to permit the practice of medicine as
defined by this chapter.
43-34-151.
43-34-152.
Proceedings
under this article shall be governed by Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
ARTICLE
7
43-34-170.
This
article shall be known and may be cited as the 'Clinical Perfusionist Licensure
Act.'
43-34-171.
As
used in this article, the term:
(1)
'Advisory committee' means the committee appointed pursuant to Code Section
43-34-180.
(2)
'Board' means the
Georgia
Composite
State
Medical
Board of
Medical Examiners
created by
Code Section 43-34-21.
(3)
'Extracorporeal circulation' means the diversion of a patient's blood through a
heart-lung machine or a similar device that assumes the function of the
patient's heart, lungs, kidneys, liver, or other organ.
(4)
'License' means a license to practice as a licensed clinical perfusionist or
provisional licensed clinical perfusionist.
(5)
'Licensed clinical perfusionist' means a person licensed as such pursuant to
this article.
(6)
'Perfusion' means the functions necessary for the support, treatment,
measurement, or supplementation of the cardiovascular, circulatory, or
respiratory system or other organ, or a combination of such activities, and to
ensure the safe management of physiologic functions by monitoring and analyzing
the parameters of the systems under the order and supervision of a physician,
including, but not limited to:
(A)
The use of extracorporeal circulation; long-term cardiopulmonary support
techniques, including extracorporeal carbon dioxide removal and extracorporeal
membrane oxygenation; and associated therapeutic and diagnostic
technologies;
(B)
Counterpulsation, ventricular assistance, autotransfusion, blood conservation
techniques, myocardial and organ preservation, extracorporeal life support, and
isolated limb perfusion;
(C)
The use of techniques involving blood management, advanced life support, and
other related functions;
(D)
In the performance of the acts described in subparagraphs (A) through (C)
of this paragraph:
(i)
The administration of:
(I)
Pharmacological and therapeutic agents; or
(II)
Blood products or anesthetic agents through the extracorporeal circuit or
through an intravenous line as ordered by a physician; or
(ii)
The performance and use of:
(I)
Coagulation monitoring and analysis;
(II)
Physiologic monitoring and analysis;
(III)
Blood gas and chemistry monitoring and analysis;
(IV)
Hematological monitoring and analysis;
(V)
Hypothermia and hyperthermia;
(VI)
Hemoconcentration and hemodilution; and
(VII)
Hemodialysis; and
(E)
The observation of signs and symptoms related to perfusion services, the
determination of whether the signs and symptoms exhibit abnormal
characteristics, and the implementation of appropriate reporting, clinical
perfusion protocols, or changes in, or the initiation of, emergency
procedures.
(7)
'Perfusion protocols' means perfusion related policies and protocols developed
or approved by a licensed health care facility or a physician through
collaboration with administrators, licensed clinical perfusionists, and other
health care professionals.
(8)
'Physician' means a person licensed to practice medicine under Article 2 of this
chapter.
(9)
'Provisional licensed clinical perfusionist' means a person provisionally
licensed pursuant to this article.
43-34-172.
The
board, in consultation with the advisory committee, shall have the power and
responsibility to:
(1)
Determine the qualifications and fitness of applicants for licensure and renewal
of licensure;
(2)
Adopt and revise rules consistent with the laws of this state that are necessary
to conduct its business, carry out its duties, and administer this
article;
(3)
Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the
licenses of board applicants for licensure as licensed clinical perfusionists
and provisional licensed clinical perfusionists under this article and conduct
hearings in connection with these actions;
(4)
Conduct hearings on complaints concerning violations of this article and the
rules adopted under this article and cause the prosecution and enjoinder of the
violations;
(5)
Establish application, examination, and licensure fees;
(6)
Request and receive the assistance of state educational institutions or other
state agencies and prepare information of consumer interest describing the
regulatory functions of the board and the procedures by which consumer
complaints are filed with and resolved by the board. The board shall make the
information available to the public and appropriate state agencies;
and
(7)
Establish education, examination, and continuing education
requirements.
43-34-173.
(a)
Except as otherwise provided in subsection (b) of this Code section, each
applicant for a license to practice as a licensed clinical perfusionist shall
meet the following requirements:
(1)
Be at least 21 years of age;
(2)
Submit a completed application required by the board;
(3)
Submit any fees required by the board;
(4)
Have successfully completed a perfusion education program approved by the board,
which program has educational standards at least as stringent as programs
approved by the Committee on Allied Health Education and Accreditation (CAHEA)
prior to 1994 or the Commission on Accreditation of Allied Health Education
Programs (CAAHEP) or its successor;
(5)
Pass a competency examination prepared or approved by the board and administered
to qualified applicants at least once each calendar year, which examination may
be or may include the complete examination given by the American Board of
Cardiovascular Perfusion (ABCP) or its successor; and
(6)
Have met such other requirements as may be prescribed by the board.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, a person
may apply to the board before January 1, 2003, and be granted a license as a
licensed clinical perfusionist upon satisfactory proof that the person was
operating cardiopulmonary bypass systems during cardiac surgical cases in a
licensed health care facility as the person's primary function for at least six
of those eight years immediately preceding the date of application.
(b)
The executive director, with the approval of the chairperson of the board, may
in his or her discretion issue a temporary license to an applicant, which
license shall have the same force and effect as a permanent license until the
next regular meeting of the board at which time the temporary license shall
become void.
43-34-174.
(a)
A license is not the property of the holder but is the property of the board. A
license to practice perfusion is valid for two years. The board may provide
that licenses expire on various dates. A person may renew an unexpired license
by submitting proof of
current
certification by the American Board of Cardiovascular Perfusion (ABCP) or its
successor and compliance with the
continuing professional education requirements prescribed by the board and
paying the required renewal fee to the board before the expiration date of the
license.
(b)
The license holder must:
(1)
Display the license in an appropriate and public manner; or
(2)
Maintain on file at all times during which the license holder provides services
in a health care facility a true and correct copy of the license certificate in
the appropriate records of the facility and keep the board informed of any
change of address.
(c)
A license issued by the board is the property of the board and shall be
surrendered on demand.
(d)
Each person licensed under this article shall be responsible for renewing his or
her license before the expiration date.
(e)
If a person's license has been expired for not more than
two
years
three
months, the person may renew the license
by submitting proof, satisfactory to the board, of compliance with the
continuing professional education requirements prescribed by the board and any
penalty fee prescribed by the board.
(f)
If a person's license has been expired for more than
two
years
three
months, the person may not renew the
license. The person may obtain a new license by submitting to reexamination and
complying with the current requirements and procedures for obtaining a
license.
(g)
The board may
renew
reinstate
without reexamination an expired license of a person who was licensed in this
state, moved to another state or states, is currently licensed or certified, and
has been in practice in another state or states for two years immediately
preceding the person's application to
renew
reinstate
a license. The person shall pay the required fee as established by the
board.
43-34-175.
(a)
A license as a provisional licensed clinical perfusionist may be issued by the
board to a person who submits to the board evidence of having successfully
completed an approved perfusion education program required for licensure under
Code Section 43-34-173 and upon the filing of an application and payment of the
application fee.
(b)
A provisional licensed clinical perfusionist shall be under the supervision and
direction of a licensed clinical perfusionist at all times during which the
provisional licensed clinical perfusionist performs perfusion. The board may
promulgate rules governing such supervision and direction but shall not require
the immediate physical presence of the supervising licensed clinical
perfusionist.
(c)
A provisional license shall be valid for two years from the date it is issued
and may not be renewed. The provisional licensee must comply with all of the
requirements for licensure under Code Section 43-34-173 prior to the expiration
of the two-year provisional license period. A provisional licensee may submit an
application for licensure as a licensed clinical perfusionist once he or she has
complied with all of the requirements for licensure under Code Section
43-34-173.
(d)
If a person fails to meet the requirements for licensure under Code Section
43-34-173 on or before the expiration of the two-year provisional license
period, such person's provisional license shall be automatically revoked and
surrendered to the board.
43-34-176.
On
receipt of an application and application fee, the board may waive the
examination and educational requirements for an applicant who at the time of
application:
(1)
Is appropriately licensed or certified in another state, territory, or
possession whose requirements for the license or certificate are substantially
equal to the requirements of this article; or
(2)
Holds a current certificate as a certified clinical perfusionist issued by the
American Board of Cardiovascular Perfusion (ABCP) or its successor.
43-34-177.
(a)
A person may not engage or offer to engage in perfusion or use the title or
represent or imply that the person has the title of 'licensed clinical
perfusionist' or 'provisional licensed clinical perfusionist' or use the letters
'L.C.P.' or 'P.L.C.P.' and may not use any facsimile of such titles in any
manner to indicate or imply that the person is a licensed clinical perfusionist
or provisional licensed clinical perfusionist unless the person holds an
appropriate license issued pursuant to this article or is exempted under the
provisions of Code Section 43-34-178.
(b)
A person may not use the title or represent or imply that such person has the
title 'certified clinical perfusionist' or use the letters 'C.C.P.' and may not
use any facsimile of such title in any manner to indicate or imply that such
person is a certified clinical perfusionist
certified
by the American Board of Cardiovascular Perfusion (ABCP) unless the person holds
a certificate as a certified clinical perfusionist issued by the American Board
of Cardiovascular Perfusion (ABCP).
(c)
Any person who violates the provisions of subsection (a) or (b) of this Code
section shall be guilty of a misdemeanor.
43-34-178.
(a)
The provisions of Code Section 43-34-177 shall not apply to:
(1)
A person licensed as a physician pursuant to Article 2 of this
chapter;
(2)
A person licensed under this title as a registered professional nurse or a
licensed
physician's
physician
assistant or certified as a respiratory care professional under this title
if:
(A)
The person does not represent to the public, directly or indirectly, that the
person is licensed pursuant to this article and does not use any name, title, or
designation indicating that he or she is licensed pursuant to this article;
and
(B)
The person limits his or her acts or practice to the scope of practice
authorized by the appropriate licensing agency;
(3)
Any person performing autotransfusion who possesses appropriate training and
practices within the guidelines of the American Association of Blood Banks under
the supervision of a perfusionist licensed under this article or a physician
licensed under
Article 2
of this chapter;
(4)
A student enrolled in an accredited perfusion education program if the perfusion
services performed are:
(A)
An integral part of the student's course of study; and
(B)
Performed under the direct supervision of a licensed clinical perfusionist who
is assigned to supervise the student and is on duty and immediately available in
the assigned patient care area;
(5)
The practice of any legally qualified perfusionist employed by the United States
government while in the discharge of his or her official duties; or
(6)
A person working as a dialysis care technician in an end stage renal disease
facility licensed pursuant to Chapter 44 of Title 31 or a licensed
hospital.
(b)
Any person violating
the
prohibition of subsection (a) of this Code
section shall be guilty of a felony.
43-34-179.
(a)
The board, in consultation with the advisory committee,
may:
impose on a
licensed clinical perfusionist or a provisional licensed clinical perfusionist
any sanction authorized under subsection (b) of Code Section 43-34-8 upon a
finding of any conduct specified in subsection (a) of Code Section
43-34-8.
(1)
Refuse to grant or renew licensure to an applicant;
(2)
Administer a public or private reprimand, but a private reprimand shall not be
disclosed to any person except the license holder;
(3)
Suspend the license of any license holder for a definite period or for an
indefinite period in connection with any condition which may be attached to the
restoration of such license;
(4)
Limit or restrict any license as the board deems necessary for the protection of
the public;
(5)
Revoke any license;
(6)
Levy a fine; and
(7)
Condition any penalty or withhold formal disposition of any matter pending the
applicant's or license holder's submission to such care, counseling, or
treatment as the board may direct.
(b)
The board may take any action specified in subsection (a) of this Code section
upon a finding by the board that the license holder or applicant
has:
(1)
Failed to demonstrate the qualifications or standards for licensure contained in
this article or under the laws, rules, or regulations under which licensure is
sought or held. The applicant shall demonstrate to the satisfaction of the board
that he or she meets all the requirements for licensure, and, if the board is
not satisfied as to the applicant's qualifications, it may deny licensure
without a prior hearing; provided, however, that the applicant shall be allowed
to appear before the board if he or she so desires;
(2)
Knowingly made misleading, deceptive, untrue, or fraudulent representations in
the practice of a business or profession licensed under this title or on any
document connected therewith; practiced fraud or deceit or intentionally made
any false statement in obtaining licensure to practice a licensed business or
profession; or made a false statement or deceptive registration with the
board;
(3)
Been convicted of any felony or of any crime involving moral turpitude in the
courts of this state or any other state, territory, or country or in the courts
of the United States. As used in this paragraph and paragraph (4) of this
subsection, the term 'felony' shall include any offense which, if committed in
this state, would be deemed a felony, without regard to its designation
elsewhere; and as used in this paragraph, the term 'conviction' shall include a
finding or verdict of guilty or a plea of guilty, regardless of whether an
appeal of the conviction has been sought;
(4)
Been arrested, charged, and sentenced for the commission of any felony or any
crime involving moral turpitude where:
(A)
A plea of nolo contendere was entered to the charge;
(B)
First offender treatment without adjudication of guilt pursuant to the charge
was granted; or
(C)
An adjudication or sentence was otherwise withheld or not entered on the
charge.
The
plea of nolo contendere or the order entered pursuant to the provisions of
Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or
other first offender treatment shall be conclusive evidence of arrest and
sentencing for such crime;
(5)
Had his or her license under this article revoked, suspended, or annulled by any
lawful authority other than the board; had other disciplinary action taken
against him or her by any such lawful authority other than the board; or was
refused the renewal of licensure by any such lawful authority other than the
board, pursuant to disciplinary proceedings;
(6)
Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious
conduct or practice harmful to the public, which conduct or practice materially
affects the fitness of the license holder or applicant to practice a business or
profession licensed under this article, or of a nature likely to jeopardize the
interest of the public, which conduct or practice need not have resulted in
actual injury to any person or be directly related to the practice of the
licensed business or profession but shows that the license holder or applicant
has committed any act or omission which is indicative of bad moral character or
untrustworthiness. Unprofessional conduct shall include any departure from, or
the failure to conform to, the minimal standards of acceptable and prevailing
practice of the business or profession licensed under this article;
(7)
Knowingly performed any act which in any way aids, assists, procures, advises,
or encourages any unlicensed person or any license holder whose license has been
suspended or revoked by the board to engage in any practice outside the scope of
any disciplinary limitation placed upon the license holder by the
board;
(8)
Violated, without regard to whether the violation is criminally punishable, a
statute, law, or any rule or regulation of this state, any other state, the
professional licensing board regulating the business or profession licensed
under this article, the United States, or any other lawful authority, which
statute, law, or rule or regulation relates to or in part regulates the practice
of a business or profession licensed under this article, when the license holder
or applicant knows or should know that such action is in violation of such
statute, law, or rule; or violated a lawful order of the board previously
entered by the board in a disciplinary hearing, consent decree, or licensure
reinstatement;
(9)
Been adjudged mentally incompetent by a court of competent jurisdiction inside
or outside this state. Any such adjudication shall automatically suspend the
license of any such person and shall prevent the reissuance or renewal of any
license so suspended for as long as the adjudication of incompetence is in
effect; or
(10)
Displayed an inability to practice a business or profession licensed under this
article with reasonable skill and safety to the public or has become unable to
practice the licensed business or profession with reasonable skill and safety to
the public by reason of illness or the use of alcohol, drugs, narcotics,
chemicals, or any other type of material.
43-34-180.
The
board shall appoint an advisory committee. The advisory committee shall
be
representative of a cross section of the cultural backgrounds of
the
include
clinical perfusionists licensed under this article and such members as the board
in its discretion may determine. Members shall receive no compensation for
service on the committee. The committee shall have such advisory duties and
responsibilities as the board may determine.
The initial
members of the advisory committee may include persons eligible for licensing
under this article. Subsequent advisory
Advisory
committee members must be licensed pursuant to this article.
ARTICLE
8
43-34-190.
This
article shall be known and may be cited as the 'Orthotics and Prosthetics
Practice Act.'
43-34-191.
The
General Assembly finds that the practice of orthotics and prosthetics in this
state is an allied health profession recognized by the American Medical
Association, with educational standards established by the Commission on
Accreditation of Allied Health Education Programs. The increasing population of
elderly and physically challenged individuals who need orthotic and prosthetic
services requires that the orthotic and prosthetic professions be regulated to
ensure the provision of high-quality services and devices. The people of this
state deserve the best care available and will benefit from the assurance of
initial and ongoing professional competence of the orthotists and prosthetists
practicing in this state. The practice of orthotics and prosthetics serves to
improve and enhance the lives of individuals with disabilities by enabling them
to resume productive lives following serious illness, injury, or trauma.
Unregulated dispensing of orthotic and prosthetic care does not adequately meet
the needs or serve the interests of the public. In keeping with requirements
imposed on similar health disciplines, licensure of the orthotic and prosthetic
professions will help ensure the health and safety of consumers, as well as
maximize their functional abilities and productivity levels. This article shall
be liberally construed to best carry out these subjects and
purposes.
43-34-192.
As
used in this article, the term:
(1)
'Assistant' means a person who assists an orthotist, prosthetist, or prosthetist
orthotist with patient care services and fabrication of orthoses or prostheses
under the supervision of a licensed orthotist or prosthetist.
(2)
'Board' means the
Georgia
Composite
Medical
Board of
State Medical Examiners
created by
Code Section 43-34-21.
(3)
'Custom fabricated and fitted device' means that an orthosis or prosthesis is
fabricated to original measurements or a mold, or both, for use by a patient in
accordance with a prescription and which requires substantial clinical and
technical judgment in its design and fitting.
(4)
'Custom fitted device' means a prefabricated orthosis or prosthesis
sized,
or modified, or both, for use by a patient in accordance with a prescription and
which requires substantial clinical judgment and substantive alteration for
appropriate use.
(5)
'Facility' means the business location where orthotic or prosthetic care is
provided and which has the appropriate clinical and laboratory space and
equipment to provide comprehensive orthotic or prosthetic care. Licensed
orthotists and prosthetists must be available to either provide care or
supervise the provision of care by nonlicensed staff.
(6)
'Level of competence' means a hierarchical position that an individual occupies
within a field or profession relative to other practitioners in the
profession.
(7)
'Licensed orthotist' means a person licensed under this article to practice
orthotics and who represents himself or herself to the public by title and
description of services that includes the term 'orthotic,' 'orthotist,' 'brace,'
or a similar title or description of services.
(8)
'Licensed physician' means a person licensed to practice medicine under Article
2 of this chapter.
(9)
'Licensed podiatrist' means a person licensed to practice podiatry under Chapter
35 of this title, the 'Georgia Podiatry Practice Act.'
(10)
'Licensed prosthetist' means a person licensed under this article to practice
prosthetics and who represents himself or herself to the public by title and
description of services that includes the term 'prosthetic,' 'prosthetist,'
'artificial limb,' or a similar title or description of services.
(11)
'Off-the-shelf device' means a prefabricated prosthesis or orthosis sized or
modified, or both, for use by a patient in accordance with a prescription and
which does not require substantial clinical judgment and substantive alteration
for appropriate use.
(12)
'Orthosis' means a custom designed, fabricated, fitted, modified, or fitted and
modified device to correct, support, or compensate for a neuromusculoskeletal
disorder or acquired condition. Orthosis does not include fabric or elastic
supports, corsets, arch supports, low-temperature plastic splints, trusses,
elastic hoses, canes, crutches, soft cervical collars, dental appliances, or
other similar devices that are carried in stock and sold as over-the-counter
items by a drug store, department store, corset shop, or surgical supply
facility.
(13)
'Orthotic and prosthetic education program' means a course of instruction
accredited by the Commission on Accreditation of Allied Health Education
Programs consisting of:
(A)
A basic curriculum of college level instruction in math, physics, biology,
chemistry, and psychology; and
(B)
A specific curriculum in orthotic or prosthetic courses, including:
(i)
Lectures covering pertinent anatomy, biomechanics, pathomechanics, prosthetic or
orthotic components and materials, training and functional capabilities,
prosthetic or orthotic performance evaluation, prescription considerations,
etiology of amputations and disease processes necessitating prosthetic or
orthotic use, and medical management;
(ii)
Subject matter related to pediatric and geriatric problems;
(iii)
Instruction in acute care techniques, such as immediate and early postsurgical
prosthetics and fracture bracing techniques; and
(iv)
Lectures, demonstrations, and laboratory experiences related to the entire
process of measuring, casting, fitting, fabricating, aligning, and completing
prostheses or orthoses.
(14)
'Orthotic and prosthetic scope of practice' means a list that includes the role
played by an occupant of a particular level of competence, what he or she can be
expected to do and not to do, and his or her relation to others in the field.
These should be based on nationally accepted standards of orthotic and
prosthetic certifying agencies with accreditation by the National Commission for
Certifying Agencies.
(15)
'Orthotics' means the science and practice of evaluating, measuring, designing,
fabricating, assembling, fitting, adjusting, or servicing an orthosis under an
order from a licensed physician or podiatrist for the correction or alleviation
of neuromuscular or musculoskeletal dysfunction, disease, injury, or
deformity.
(16)
'Orthotist' means an allied health professional who is specifically trained and
educated to provide or manage the provision of a custom designed, fabricated, or
modified and fitted external orthosis to an orthotic patient based on a clinical
assessment and a physician's or podiatrist's prescription to restore
physiological function or cosmesis or both and who represents himself or herself
to the public by such title as providing orthotic services.
(17)
'Over-the-counter device' means a prefabricated, mass produced device that is
prepackaged and requires no professional advice or judgment in either size
selection or use and includes fabric or elastic supports, corsets, generic arch
supports, and elastic hoses.
(18)
'Person' means a natural person.
(19)
'Prosthesis' means a custom designed, fabricated, fitted, modified, or fitted
and modified device to replace an absent external limb for purposes of restoring
physiological function or cosmesis or both. Prosthesis does not include
artificial eyes, ears, fingers, or toes; dental appliances; cosmetic devices
such as artificial breasts, eyelashes, or wigs; or other devices that do not
have a significant impact on the musculoskeletal functions of the
body.
(20)
'Prosthetics' means the science and practice of evaluating, measuring,
designing, fabricating, assembling, fitting, adjusting, or servicing a
prosthesis under an order from a licensed physician or podiatrist.
(21)
'Prosthetist' means an allied health professional who is specifically trained
and educated to provide or manage the provision of a custom designed,
fabricated, modified, and fitted external limb prosthesis to a prosthetic
patient based on a clinical assessment and a physician's or podiatrist's
prescription,
to restore physiological function or cosmesis or both and who represents himself
or herself to the public by such title as providing prosthetic
services.
(22)
'Prosthetist orthotist' means a person who practices both disciplines of
prosthetics and orthotics and who represents himself or herself to the public by
such title as providing prosthetic and orthotic services.
(23)
'Resident' means a person who has completed an education program in either
orthotics or prosthetics and is continuing his or her clinical education in a
residency accredited by the National Commission on Orthotic and Prosthetic
Education.
(24)
'Technician' means a person who assists an orthotist, prosthetist, or
prosthetist orthotist with fabrication of orthoses or prostheses but does not
provide direct patient care.
43-34-193.
This
article shall not be construed to prohibit:
(1)
A licensed physician from engaging in the practice for which he or she is
licensed;
(2)
A person licensed in this state under any other law from engaging in the
practice for which he or she is licensed;
(3)
The practice of orthotics or prosthetics by a person who is employed by the
federal government or any bureau, division, or agency of the federal government
while in the discharge of the employee's official duties;
(4)
The practice of orthotics or prosthetics by:
(A)
A student enrolled in a school of orthotics or prosthetics; or
(B)
A resident continuing his or her clinical education in a residency accredited by
the National Commission on Orthotic and Prosthetic Education;
(5)
The practice of orthotics or prosthetics by a person who is an orthotist or
prosthetist licensed under the laws of another state or territory of the United
States or another country and has applied in writing to the board, in a form and
substance satisfactory to the board, for a license as an orthotist or
prosthetist and who is qualified to receive the license until:
(A)
The expiration of six months after the filing of the written
application;
(B)
The withdrawal of the application; or
(C)
The denial of the application by the board;
(6)
A person licensed by this state as a physical therapist or occupational
therapist from engaging in his or her profession;
(7)
A licensed podiatrist from engaging in his or her profession;
(8)
A licensed athletic trainer from engaging in his or her profession;
(9)
A registered pharmacist from engaging in the practice for which he or she is
registered;
(10)
Any person
licensed,
certified, or permitted under any other
article of this chapter from engaging in the practice for which he or she is
licensed,
certified, or permitted;
(11)
The measuring, molding, or fitting of knee braces by any person;
(12)
Employees or authorized representatives of an orthotic manufacturer from
engaging in one or more of the following: evaluating, adjusting, measuring,
designing, fabricating, assembling, fitting, servicing, training, repairing,
replacing, or delivering an orthotic device under the order, direction, or
prescription of a physician or health provider operating within his or her
licensed scope of practice and meeting the criteria of the Part II Policy and
Procedures for Orthotics and Prosthetics Services pursuant to Title XIX of the
federal Social Security Act, as amended; or
(13)
A board certified pedorthist from manufacturing, fabricating, dispensing, or any
combination thereof custom foot orthotics or foot or ankle
gauntlets.
43-34-194.
An
application for an original license shall be made to the board on a form
prescribed thereby and shall be accompanied by the required fee, which shall not
be refundable. An application shall require information that in the judgment of
the board will enable it to determine the qualifications of the applicant for a
license.
43-34-195.
(a)
To qualify for a license to practice orthotics or prosthetics, a person
shall:
(1)(A)
Possess a baccalaureate degree from a college or university;
(B)
Have completed the amount of formal training, including, but not limited to, any
hours of classroom education and clinical practice, established and approved by
the board; and
(C)
Complete a clinical residency in the professional area for which a license is
sought in accordance with standards, guidelines, or procedures for residencies
inside or outside this state established and approved by the board. The
majority of training must be devoted to services performed in the discipline for
which the license will be sought and under the supervision of a practitioner
licensed in orthotics or prosthetics or a person certified as an orthotist,
prosthetist, or prosthetist orthotist, provided that the certification was
obtained before the date this article becomes effective; or
(2)(A)
Possess an associate's degree from a college or university with specific courses
of study in human anatomy, physiology, physics, chemistry, and biology;
and
(B)
Have completed at least five years of continued work experience performed in the
discipline for which the license will be sought under the supervision of a
practitioner licensed in such discipline or certified in such discipline by an
agency accredited by the National Commission for Certifying
Agencies;
(3)
Pass all written, practical, and oral examinations that are required and
approved by the board;
(4)
Be qualified to practice in accordance with nationally accepted standards of
orthotic and prosthetic care; and
(5)
Have met such other requirements as may be prescribed by the board.
(b)
The standards and requirements for licensure established by the board shall be
substantially equal to or in excess of standards commonly accepted in the
profession of orthotics or prosthetics. The board shall adopt rules as
necessary to set the standards and requirements.
(c)
A person may be licensed in more than one discipline.
43-34-196.
The
board, in consultation with the advisory committee,
may impose on
a licensed orthotist or prosthetist any sanction authorized under subsection (b)
of Code Section 43-34-8 upon a finding of any conduct specified in subsection
(a) of Code Section 43-34-8.
shall have
the power and responsibility to:
(1)
Determine the qualifications and fitness of applicants for licensure and renewal
of licensure;
(2)
Adopt and revise rules consistent with the laws of this state that are necessary
to conduct its business, carry out its duties, and administer this
article;
(3)
Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the
licenses of board applicants for licensure as licensed orthotists and
prosthetists and provisional licensed orthotists and prosthetists under this
article and conduct hearings in connection with these actions;
(4)
Conduct hearings on complaints concerning violations of this article and the
rules adopted under this article and cause the prosecution and enjoinder of the
violations;
(5)
Establish application, examination, and licensure fees;
(6)
Request and receive the assistance of state educational institutions or other
state agencies and prepare information of consumer interest describing the
regulatory functions of the board and the procedures by which consumer
complaints are filed with and resolved by the board. The board shall make the
information available to the public and appropriate state agencies;
and
(7)
Establish education, examination, and continuing education
requirements.
43-34-197.
(a)
No person shall work as an assistant to an orthotist, prosthetist, or
prosthetist orthotist and provide patient care services or fabrication of
orthoses or prostheses unless he or she is doing the work under the supervision
of a licensed orthotist, prosthetist, or prosthetist orthotist.
(b)
No person shall work as a technician unless the work is performed under the
supervision of a person licensed under this article.
43-34-198.
(a)
Until July 1, 2007, a person certified as an orthotist, prosthetist, or
prosthetist orthotist by the American Board for Certification in Orthotics and
Prosthetics, Incorporated or the Board of Orthotist/Prosthetist Certification,
or holding similar certifications from other accrediting bodies with equivalent
educational requirements and examination standards, may apply for and may be
granted orthotic or prosthetic licensure under this article upon payment of the
required fee. After that date, any applicant for licensure as an orthotist or a
prosthetist shall meet the requirements of subsection (a) of Code Section
43-34-195.
(b)
On and after July 1, 2007, no person shall practice orthotics or prosthetics in
this state and hold himself or herself out as being able to practice such
professions unless he or she is licensed in accordance with this article or is
exempt from such licensing. A person who violates this subsection shall, upon
conviction thereof, be guilty of a misdemeanor.
(c)
Not later than August 30, 2006, a person who has practiced full time for a
minimum of the past seven years in this state in a prosthetic orthotic facility
as an orthotist or prosthetist may file with the board an application and the
license fee determined by the board in order to continue to practice orthotics
or prosthetics without satisfaction of the examination and education
requirements. The board shall investigate the work history, qualifications, and
fitness of the applicant. The investigation may include, but not be limited to,
completion by the applicant of a questionnaire regarding the applicant's work
history and scope of practice. The board shall complete its investigation for
purposes of this Code section within six months of receipt of a fully completed
application. If, after receipt of the application fee, a fully completed
application, and the completion of the investigation, the board determines that
the applicant satisfied the work history requirements of this Code section and
met all other qualifications for licensure, except the examination and education
requirements, the board shall issue a license to practice orthotics or
prosthetics. A license issued to a person under this subsection shall not be
renewed without compliance with the requirements of Code Section
43-34-195.
43-34-199.
A
licensed orthotist may provide care or services only if the care or services are
provided pursuant to an order from a licensed physician or podiatrist. A
licensed prosthetist may provide care or services only if the care or services
are provided pursuant to an order from a licensed physician or
podiatrist.
43-34-200.
(a)
The expiration date and renewal period for each license issued under this
article shall be set by the board. A license shall be valid for a period of up
to two years and shall be renewed biennially as provided by rule of the board.
The board shall establish continuing education requirements for the renewal of a
license. These requirements shall be based on established standards of
competence in the field of orthotics or prosthetics.
(b)
A person who has permitted his or her license to expire or who has had his or
her license on inactive status may have his or her license restored
by:
(1)
Making application to the board;
(2)
Filing proof acceptable to the board of his or her fitness to have his or her
license restored including, but not limited to, sworn evidence certifying to
active practice in another jurisdiction satisfactory to the board;
and
(3)
Paying the required restoration fee.
If
the person has not maintained an active practice in another jurisdiction
satisfactory to the board, the board shall determine, by an evaluation program
established by rule, such person's fitness to resume active status and may
require the person to complete a period of evaluated clinical experience and
successful completion of an examination.
(c)
A person whose license expired while he or she was:
(1)
In federal service on active duty within the armed forces of the United States
or with the state militia and called into service or training; or
(2)
In training or education under the supervision of the United States preliminary
to induction into military service
may
have his or her license renewed or restored without paying a lapsed renewal fee
if, within two years after termination from the service, training, or education
except under conditions other than honorable, he or she furnishes the board with
satisfactory evidence that he or she has been so engaged and that his or her
service, training, or education has been terminated.
43-34-201.
A
person who notifies the board on forms prescribed thereby may elect to place his
or her license on an inactive status and shall, subject to rules of the board,
be excused from payment of renewal fees until he or she notifies the board of
his or her desire to resume active status. A person requesting restoration from
inactive status shall be required to pay the current renewal fee and shall be
required to restore his or her license as provided in Code Section 43-34-200.
An orthotist or prosthetist whose license is on inactive status shall not
practice orthotics or prosthetics in this state.
43-34-202.
The
board may, at its discretion, license as an orthotist or prosthetist, without
examination and on payment of the required fee, an applicant who is an orthotist
or prosthetist and is:
(1)
Licensed under the laws of another state, territory, or country, if the
requirements for licensure in that state, territory, or country in which the
applicant is licensed were, at the date of his or her licensure, equal to or
more stringent than the requirements in force in this state on that date;
or
(2)
Certified as an orthotist or prosthetist by a national certifying organization
that is accredited by the National Commission for Certifying Agencies and has
educational and testing standards equal to or more stringent than the licensing
requirements of this state.
43-34-203.
(a)
The board, in consultation with the advisory committee, may:
(1)
Refuse to grant or renew a license to an applicant;
(2)
Administer a public or private reprimand, but a private reprimand shall not be
disclosed to any person except the licensee;
(3)
Suspend any license for a definite period or for an indefinite period in
connection with any condition which may be attached to the restoration of said
license;
(4)
Limit or restrict any license as the board deems necessary for the protection of
the public;
(5)
Revoke any license;
(6)
Levy a fine; and
(7)
Condition any penalty or withhold formal disposition of any matter pending the
applicant's or licensee's submission to such care, counseling, or treatment as
the board may direct.
(b)
The board may take any action specified in subsection (a) of this Code section
upon a finding by the board that the licensee or applicant has:
(1)
Failed to demonstrate the qualifications or standards for licensure contained in
this article, or under the laws, rules, or regulations under which licensure is
sought or held; it shall be incumbent upon the applicant to demonstrate to the
satisfaction of the board that he or she meets all the requirements for issuance
of a license, and, if the board is not satisfied as to the applicant's
qualifications, it may deny a license without a prior hearing; provided,
however, that the applicant shall be allowed to appear before the board if he or
she so desires;
(2)
Knowingly made misleading, deceptive, untrue, or fraudulent representations in
the practice of a business or profession licensed under this title or on any
document connected therewith, practiced fraud or deceit or intentionally made
any false statement in obtaining certification to practice a licensed business
or profession, or made a false statement or deceptive registration with the
board;
(3)
Been convicted of any felony or of any crime involving moral turpitude in the
courts of this state or any other state, territory, or country or in the courts
of the United States. As used in this paragraph and paragraph (4) of this
subsection, the term 'felony' shall include any offense which, if committed in
this state, would be deemed a felony, without regard to its designation
elsewhere; and, as used in this paragraph, the term 'conviction' shall include a
finding or verdict of guilty or a plea of guilty, regardless of whether an
appeal of the conviction has been sought;
(4)
Been arrested, charged, and sentenced for the commission of any felony or any
crime involving moral turpitude where:
(A)
A plea of nolo contendere was entered to the charge;
(B)
First offender treatment without adjudication of guilt pursuant to the charge
was granted; or
(C)
An adjudication or sentence was otherwise withheld or not entered on the
charge.
The
plea of nolo contendere or the order entered pursuant to the provisions of
Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or
other first offender treatment shall be conclusive evidence of arrest and
sentencing for such crime;
(5)
Had his or her license under this article revoked, suspended, or annulled by any
lawful authority other than the board; or had other disciplinary action taken
against him or her by any such lawful authority other than the board; or was
refused the renewal of a license by any such lawful authority other than the
board, pursuant to disciplinary proceedings;
(6)
Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious
conduct or practice harmful to the public, which conduct or practice materially
affects the fitness of the licensee or applicant to practice a business or
profession licensed under this article, or of a nature likely to jeopardize the
interest of the public, which conduct or practice need not have resulted in
actual injury to any person or be directly related to the practice of the
licensed business or profession but shows that the licensee or applicant has
committed any act or omission which is indicative of bad moral character or
untrustworthiness. Unprofessional conduct shall include any departure from, or
the failure to conform to, the minimal standards of acceptable and prevailing
practice of the business or profession licensed under this article;
(7)
Knowingly performed any act which in any way aids, assists, procures, advises,
or encourages any unlicensed person or any licensee whose license has been
suspended or revoked by the board to engage in any practice outside the scope of
any disciplinary limitation placed upon the licensee by the board;
(8)
Violated, without regard to whether the violation is criminally punishable, a
statute, law, or any rule or regulation of this state, any other state, the
professional licensing board regulating the business or profession licensed
under this title, the United States, or any other lawful authority, which
statute, law, or rule or regulation relates to or in part regulates the practice
of a business or profession licensed under this article, when the licensee or
applicant knows or should know that such action is violative of such statute,
law, or rule; or violated a lawful order of the board previously entered by the
board in a disciplinary hearing, consent decree, or license
reinstatement;
(9)
Been adjudged mentally incompetent by a court of competent jurisdiction inside
or outside this state. Any such adjudication shall automatically suspend the
license of any such person and shall prevent the reissuance of renewal of any
license so suspended for as long as the adjudication of incompetence is in
effect; or
(10)
Displayed any inability to practice a business or profession licensed under this
article with reasonable skill and safety to the public or has become unable to
practice the licensed business or profession with reasonable skill and safety to
the public by reason of illness or use of alcohol, drugs, narcotics, chemicals,
or any other type of material.
43-34-204
43-34-203.
The
board shall appoint the advisory committee. The advisory committee shall
be
representative of a cross section of the cultural backgrounds of
the
include
licensed orthotists and prosthetists licensed under this article and such
members as the board in its discretion may determine. Members shall receive no
compensation for service on the committee. The committee shall have such
advisory duties and responsibilities as the board may determine. The initial
members of the advisory committee may include persons eligible for licensing
under this article. Subsequent advisory committee members must be licensed
pursuant to this article.
ARTICLE
9
43-34-240.
This
article shall be known and may be cited as the 'Georgia Cosmetic Laser Services
Act.'
43-34-241.
This
article is enacted for the purpose of safeguarding the public health, safety,
and welfare by providing for state administrative control, supervision, and
regulation of the practice of providing cosmetic laser services. It is the
intention of the General Assembly that cosmetic laser services be made available
and affordable to the people of this state in a safe, reliable manner.
Unregulated cosmetic laser services do not adequately meet the needs or serve
the interests of the public. Licensure of those performing cosmetic laser
services and required education and training of such practitioners will help
ensure the health and safety of consumers. The practice of providing cosmetic
laser services is declared to be affected with the public interest; and this
article shall be liberally construed so as to accomplish the purpose stated in
this Code section.
43-34-242.
As
used in this article, the term:
(1)
'Board' means the
Composite
State Board of Medical Examiners
Georgia
Composite Medical Board created by Code
Section
43-34-21
43-34-22.
(2)
'Consulting physician' means a person licensed to practice medicine under this
chapter and:
(A)
Whose principal place of practice is within this state; or
(B)
Whose principal place of practice is outside this state but is within 50 miles
from the facility with whom he or she has an agreement to provide services in
accordance with Code Section 43-34-248.
(3)
'Consumer' means a person on whom cosmetic laser services are or are to be
performed.
(4)
'Cosmetic laser practitioner' means a person licensed under this article to
provide cosmetic laser services as defined in this article and whose license is
in good standing.
(5)
'Cosmetic laser services' means nonablative elective cosmetic light based skin,
photo rejuvenation, or hair removal using lasers and pulsed light devices
approved by the United States Food and Drug Administration for noninvasive
procedures. Such services and the provision thereof shall not be considered to
be the practice of medicine.
(6)
'Facility' means any location, place, area, structure, office, institution, or
business or a part thereof in which is performed or provided cosmetic laser
services regardless of whether a fee is charged for such services.
(7)
'License' means a valid and current certificate of registration issued by the
board which shall give the person to whom it is issued authority to engage in
the practice prescribed thereon.
(8)
'Licensee' means any person holding a license under this article.
(9)
'Medical practitioner' means a registered professional nurse, licensed practical
nurse, nurse practitioner,
physician's
physician
assistant, or physician.
(10)
'Nurse' means a registered professional nurse, licensed practical nurse, or
nurse practitioner.
(11)
'Person' means a natural person.
43-34-243.
This
article shall not be construed to prohibit:
(1)
A licensed physician from engaging in the practice for which he or she is
licensed;
(2)
A licensed
physician's
physician
assistant from engaging in the practice for which he or she is
licensed;
(3)
A person licensed by this state as a registered professional nurse, licensed
practical nurse, or nurse practitioner from engaging in his or her
profession;
(4)
A licensed esthetician from engaging in his or her profession;
(5)
A master cosmetologist from engaging in his or her profession;
(6)
Any person licensed under any other article of this chapter from engaging in the
practice for which he or she is licensed;
(7)
A person licensed in this state under any other law from engaging in the
practice for which he or she is licensed;
(8)
The practice of providing cosmetic laser services by a person who is employed by
the federal government or any bureau, division, or agency of the federal
government while in the discharge of the employee's official
duties;
(9)
The practice of providing cosmetic laser services by a student enrolled in an
accredited school of nursing or medical school as part of his or her training;
or
(10)
Employees or authorized representatives of a manufacturer of a laser used for
cosmetic laser services from engaging in one or more of the following:
evaluating, adjusting, measuring, designing, fabricating, assembling, fitting,
servicing, training, repairing, replacing, or delivering a laser used to provide
cosmetic laser services under the order, direction, or prescription of a
physician or health provider operating within his or her licensed scope of
practice.
43-34-244.
(a)
There shall be two levels of a license for a cosmetic laser practitioner:
assistant laser practitioner and senior laser practitioner.
(b)
Any person desiring to obtain a license as a cosmetic laser practitioner under
the terms of this article shall make application to the board as
follows:
(1)
An applicant for an 'assistant laser practitioner' license shall present proof
that he or she:
(A)
Holds a current valid license or certificate of registration as a
physician's
physician
assistant, nurse, esthetician, or master cosmetologist, or has previously held a
license or certificate of registration as a medical practitioner;
and
(B)
Has received at least three laser certificates from attending laser/intense
pulsed light (IPL) courses as approved by the board, directly taught by a
licensed physician or certified continuing medical education or continuing
education educator.
If,
after review of the application, it is determined that the applicant is at least
21 years of age; has met the minimum educational requirements; is of good moral
character; and is possessed of the requisite skill to perform properly cosmetic
laser services, a license shall be issued to the applicant entitling the
applicant to practice the occupation of cosmetic laser practitioner at the
assistant laser practitioner level under the direct supervision of a senior
laser practitioner.
(2)
An applicant for a 'senior laser practitioner' license shall present proof that
he or she:
(A)
Holds a current valid license or certificate of registration as a
physician's
physician
assistant or nurse or has previously held a license or certificate of
registration as a medical practitioner;
(B)
Has at least three years of clinical or technological medical experience, or
both;
(C)
Has been or was licensed or nationally board certified as a medical practitioner
for at least three years; and
(D)
Has received at least two laser certificates from attending laser/intense pulsed
light (IPL) continuing medical education courses as approved by the board,
directly taught by a licensed physician or certified continuing medical
education or continuing education educator.
If,
after review of the application, it is determined that the applicant is at least
21 years of age; has met the minimum educational and clinical training
requirements to perform cosmetic laser services with indirect supervision; is of
good moral character; and is possessed of the requisite skill to perform
properly these services, a license shall be issued to the applicant entitling
the applicant to practice the occupation of cosmetic laser practitioner at the
senior laser practitioner level pursuant to the protocols of a consulting
physician.
(c)
The board shall be authorized to waive any education requirements under this
Code section in cases of hardship, disability, or illness or under such other
circumstances as the board deems appropriate with respect to any applicant who
has practiced as a cosmetic laser practitioner prior to July 1,
2007.
(d)
Should an applicant have a current cosmetic laser practitioner license or
certificate of registration in force from another state, country, territory of
the United States, or the District of Columbia, where similar reciprocity is
extended to this state and licensure requirements are substantially equal to
those in this state, and have paid a fee and have submitted an application, the
applicant may be issued a license at the appropriate level entitling him or her
to practice the occupation of a cosmetic laser practitioner at that level,
unless the board, in its discretion, sees fit to require a written or a
practical examination subject to the terms and provisions of this article. The
board shall be authorized to waive any education or experience requirements
applicable to any person who holds a current license or certificate to practice
as a cosmetic laser practitioner outside of this state and who desires to obtain
a license at a level authorized under this Code section to practice as a
cosmetic laser practitioner in this state in cases of hardship, disability, or
illness or under such other circumstances as the board deems
appropriate.
43-34-245.
(a)
All licenses shall expire biennially unless renewed. All applications for
renewal of a license shall be filed with the board prior to the expiration date,
accompanied by the biennial renewal fee prescribed by the board. A license
which has expired for failure of the holder to renew may only be restored after
application and payment of the prescribed restoration fee within the time period
established by the board and provided the applicant meets such requirements as
the board may establish by rule. Any license which has not been restored within
such period following its expiration may not be renewed, restored, or reissued
thereafter. The holder of such a canceled license may apply for and obtain a
valid license only upon compliance with all relevant requirements for issuance
of a new license.
(b)
As a condition of license renewal, the board shall require licensees to provide
proof, in a form approved by the board, of a minimum of five hours of continuing
education courses as approved by the board in the area of cosmetic laser
services, equipment safety and operation, procedures, and relative skin
modalities, directly taught by a licensed physician or certified continuing
medical education or continuing education educator.
43-34-246.
(a)
The board
shall have
authority to refuse to grant or restore a license to an applicant or to
discipline a cosmetic laser practitioner under this article upon a finding by
the board that the licensee or applicant
has:
may impose on
a cosmetic laser practioner or applicant any sanction authorized under
subsection (b) of Code Section 43-34-8 upon a finding of any conduct specified
in subsection (a) of Code Section 43-34-8.
(1)
Displayed an inability or has become unable to practice as a cosmetic laser
practitioner with reasonable skill and safety to consumers by reason of illness,
use of alcohol, drugs, narcotics, chemicals, or any other type of material, or
as a result of any mental or physical condition:
(A)
In enforcing this paragraph the board may, upon reasonable grounds, require a
licensee or applicant to submit to a mental or physical examination by an
appropriate practitioner of the healing arts designated by the board. The
expense of such mental or physical examination shall be borne by the licensee or
applicant. The results of such examination shall be admissible in any hearing
before the board, notwithstanding any claim of privilege under a contrary rule
of law or statute, including, but not limited to, Code Section 24-9-21. Every
person who shall accept the privilege of practicing cosmetic laser services in
this state or who shall file an application for a license to provide cosmetic
laser services in this state shall be deemed to have given his or her consent to
submit to such mental or physical examination and to have waived all objections
to the admissibility of the results in any hearing before the board upon the
grounds that the same constitutes a privileged communication. If a licensee or
applicant fails to submit to such an examination when properly directed to do so
by the board, unless such failure was due to circumstances beyond his or her
control, the board may enter a final order upon proper notice, hearing, and
proof of such refusal. Any licensee or applicant who is prohibited from
practicing cosmetic laser services under this paragraph shall at reasonable
intervals be afforded an opportunity to demonstrate to the board that he or she
can resume or begin the practice of cosmetic laser practitioner with reasonable
skill and safety to consumers;
(B)
For the purposes of this paragraph, the board may, upon reasonable grounds,
obtain any and all records relating to the mental or physical condition of a
licensee or applicant, including psychiatric records; and such records shall be
admissible in any hearing before the board, notwithstanding any privilege under
a contrary rule of law or statute, including, but not limited to, Code Section
24-9-21. Every person who shall accept the privilege of practicing as a
cosmetic laser practitioner in this state or who shall file an application to
practice cosmetic laser services in this state shall be deemed to have given his
or her consent to the board's obtaining any such records and to have waived all
objections to the admissibility of such records in any hearing before the board
upon the grounds that the same constitute a privileged communication;
and
(C)
If any licensee or applicant could, in the absence of this paragraph, invoke a
privilege to prevent the disclosure of the results of the examination provided
for in subparagraph (A) of this paragraph or the records relating to the mental
or physical condition of such licensee or applicant obtained pursuant to
subparagraph (B) of this paragraph, all such information shall be received by
the board in camera and shall not be disclosed to the public, nor shall any part
of the record containing such information be used against any licensee or
applicant in any other type of proceeding;
(2)
Been convicted of a felony or crime involving moral turpitude in the courts of
this state, the United States, or the conviction of an offense in another
jurisdiction which if committed in this state would be deemed a felony. For the
purpose of this Code section, a 'conviction' shall include a finding or verdict
of guilty, a plea of guilty, or a plea of nolo contendere in a criminal
proceeding regardless of whether the adjudication of guilt or sentence is
withheld or not entered thereon pursuant to the provisions of Code Sections
42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or
statute;
(3)
Knowingly made misleading, deceptive, untrue, or fraudulent representations to a
consumer or other person or entity in connection with the practice of providing
cosmetic laser services or in any document connected therewith; practiced fraud
or deceit or intentionally made any false statement in obtaining or attempting
to obtain a license to practice cosmetic laser services or as a cosmetic laser
practitioner; or made a false or deceptive biennial registration with the
board;
(4)
Has had a license or certificate of registration as a medical practitioner
revoked, suspended, or denied;
(5)
Practiced cosmetic laser services contrary to this article or to the rules and
regulations of the board; knowingly aided, assisted, procured, or advised any
person to provide cosmetic laser services contrary to this article or to the
rules and regulations of the board; or knowingly performed any act which in any
way aids, assists, procures, advises, or encourages any unlicensed person to
provide cosmetic laser services;
(6)
Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or
practice harmful to the public, which conduct or practice need not have resulted
in actual injury to any person, as determined as a result of an investigation
initiated upon the board's own motion or as a result of a sworn written request
for investigation, by or on behalf of a consumer, of an act or acts which
occurred within three years of such initiation or request; or
(7)
Failed to report to the board any act or omission of a licensee or applicant or
any other person which violates the provisions of this article.
(b)(1)
When the board finds that any person is unqualified to be granted a license or
finds that any person should be disciplined pursuant to subsection (a) of this
Code section, the board may take any one or more of the following
actions:
(A)
Refuse to grant or restore a license to an applicant;
(B)
Administer a public or private reprimand, but a private reprimand shall not be
disclosed to any person except the licensee;
(C)
Suspend any license for a definite period;
(D)
Limit or restrict any license;
(E)
Revoke any license;
(F)
Condition the penalty or withhold formal disposition, upon the cosmetic laser
practitioner's submission to the care, counseling, or treatment of physicians or
other professional persons, and the completion of such care, counseling, or
treatment, as directed by the board; or
(G)
Impose a fine not to exceed $500.00 for each violation of law, rule, or
regulation of the board.
(2)
In addition to or in conjunction with the actions enumerated pursuant to
paragraph (1) of this subsection the board may make a finding adverse to
the licensee or applicant but withhold imposition of judgment and penalty, or it
may impose the judgment and penalty but suspend enforcement thereof and place
the licensee or applicant on probation, which probation may be vacated upon
noncompliance with such reasonable terms as the board may impose.
(c)
In its discretion, the board may restore and reissue a license issued under this
article and, as a condition thereof, it may impose any disciplinary or
corrective measure provided in this article.
(d)
A person, firm, corporation, association, authority, or other entity shall be
immune from civil and criminal liability for reporting the acts or omissions of
a licensee or applicant which violate the provisions of subsection (a) of this
Code section or any other provision of law relating to a licensee's or
applicant's fitness to practice as a cosmetic laser practitioner, if such report
is made in good faith without fraud or malice. Any person who testifies without
fraud or malice before the board in any proceeding involving a violation of the
provisions of subsection (a) of this Code section or any other law relating to a
licensee's or applicant's fitness to practice as a cosmetic laser practitioner
shall be immune from civil and criminal liability for so
testifying.
43-34-247.
The
practice of providing cosmetic laser services is declared to be an activity
affecting the public interest and involving the health, safety, and welfare of
the public. Such practice when engaged in by a person who is not licensed as a
cosmetic laser practitioner or otherwise licensed to practice a profession which
is permitted under law to perform cosmetic laser services is declared to be
harmful to the public health, safety, and welfare. The board or the district
attorney of the circuit where such unlicensed practice exists, or any person or
organization having an interest therein, may bring a petition to restrain and
enjoin such unlicensed practice in the superior court of the county where such
unlicensed person resides. It shall not be necessary in order to obtain an
injunction under this Code section to allege or prove that there is no adequate
remedy at law, or to allege or prove any special injury.
43-34-248.
Any
facility providing cosmetic laser services shall have an agreement with a
consulting physician who shall:
(1)
Be trained in laser modalities;
(2)
Establish proper protocols for the cosmetic laser services provided at the
facility and file such protocols with the board; and
(3)
Be available for emergency consultation with the cosmetic laser practitioner or
anyone employed by the facility.
43-34-249.
(a)
Prior to receiving cosmetic laser services from a cosmetic laser practitioner, a
person must consent in writing to such services and shall be informed in writing
of the general terms of the following:
(1)
The nature and purpose of such proposed procedure;
(2)
Any material risks generally recognized and associated with the cosmetic laser
service to be performed which, if disclosed to a reasonably prudent person in
the customer's position, could reasonably be expected to cause such prudent
person to decline such proposed cosmetic laser services on the basis of the
material risk of injury that could result from such proposed
services;
(3)
The type of license the individual who will be performing the cosmetic laser
service has obtained; and
(4)
The steps to be followed after the cosmetic laser service is performed in the
event of any complications.
(b)
It shall be the responsibility of the cosmetic laser practitioner to ensure that
the information required by subsection (a) of this Code section is disclosed and
that the consent provided for in this Code section is obtained.
(c)
Where the consumer is under 18 years of age, the consent of the consumer's
parent or legal guardian shall be required.
(d)
The board shall be required to adopt and have the authority to promulgate rules
and regulations governing and establishing the standards necessary to implement
this Code section specifically including but not limited to the disciplining of
a cosmetic laser practitioner who fails to comply with this Code
section.
(e)
Nothing in this Code section shall prohibit the information provided for in this
Code section from being disclosed through the use of video tapes, audio tapes,
pamphlets, booklets, or other means of communication or through conversations
with the cosmetic laser practitioner; provided, however, that such information
is also provided in writing and attached to the consent form which the consumer
signs.
43-34-250.
The
board shall appoint an advisory committee. The advisory committee shall
be
representative of a cross section of the cultural backgrounds, to the extent
practical, of the
include
licensed cosmetic laser practitioners licensed under this article and such
members as the board in its discretion may determine. Members shall receive no
compensation for service on the committee. The committee shall have such
advisory duties and responsibilities as the board may determine, including but
not limited to consulting with the board on the issuance, denial, suspension,
and revocation of licenses and the promulgation of rules and regulations under
this article. The initial members of the advisory committee may include persons
eligible for licensing under this article. Subsequent advisory committee
members must be licensed pursuant to this article.
43-34-251.
(a)
It shall be unlawful for any person licensed as a cosmetic laser practitioner to
perform cosmetic laser services within any area within one inch of the nearest
part of the eye socket of any consumer.
(b)
It shall be unlawful for any person licensed as a cosmetic laser practitioner to
administer any pharmaceutical agent or other substance by
injection.
43-34-252.
Any
person who owns a facility in which cosmetic laser services are offered or
performed in noncompliance with the requirements of this article shall be guilty
of a misdemeanor.
43-34-253.
Any
person convicted of violating any provision of this article shall be guilty of a
misdemeanor."
SECTION
2.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Composite State Board of Medical Examiners" or "Composite State Board
of Medical Examiners of Georgia" wherever either occurs with "Georgia Composite
Medical Board":
(1)
Code Section 20-3-476, relating to the authorization and administration of loan
programs for attendance at the college of osteopathic medicine;
(2)
Code Section 20-3-512, relating to medical student loans and
scholarships;
(3)
Code Section 20-3-513, relating to the State Medical Education Board and student
loans and scholarships;
(4)
Code Section 31-9-6.1, relating to the disclosure of information to persons
undergoing certain surgical or diagnostic procedures;
(5)
Code Section 31-9A-6.1, relating to civil and professional penalties for
violation of the Woman's Right to Know Act;
(6)
Code Section 31-11-81, relating to definitions regarding emergency
services;
(7)
Code Section 31-34-4, relating to loan applicant qualifications;
(8)
Code Section 31-38-2, relating to certain exemptions to Chapter 38 of Title 31;
(9)
Code Section 33-3-27, relating to the reports of awards under medical
malpractice insurance policies;
(10)
Code Section 33-20B-2, relating to definitions regarding rural health care
access;
(11)
Code Section 34-9-1, relating to definitions regarding workers'
compensation;
(12)
Code Section 43-5-13, relating to certain exemptions to the operation of Chapter
5 of Title 43;
(13)
Code Section 43-34A-2, relating to definitions regarding a patient's
rights;
(14)
Code Section 43-34A-3, relating to physician profiles and the dissemination of
such profiles to the public;
(15)
Code Section 43-34A-6, relating to a patient's right to file a grievance with
the state board; and
(16)
Code Section 43-35-3, relating to definitions regarding the practice of
podiatry.
SECTION
3.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "physician's assistant" and "physician's assistants" wherever either
occurs with "physician assistant" and "physician assistants",
respectively:
(1)
Code Section 20-2-774, relating to self-administration of asthma medication by a
public school student;
(2)
Code Section 24-9-67.1, relating to expert opinion testimony in civil
actions;
(3)
Code Section 26-4-80, relating to dispensing prescription drugs;
(4)
Code Section 31-7-16, relating to determination or pronouncement of death of
patient in a nursing home;
(5)
Code Section 31-9-6.1, relating to disclosure of certain information to persons
undergoing certain surgical or diagnostic procedures;
(6)
Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to
Know Act";
(7)
Code Section 31-11-60.1, relating to a program for physician control over
emergency medical services to nonhospital patients;
(8)
Code Section 31-22-9.1, relating to who may perform HIV tests;
(9)
Code Section 33-20A-3, relating to definitions relative to the "Patient
Protection Act of 1996";
(10)
Code Section 33-24-58.2, relating to minimum health benefit policy coverage for
newborn babies and their mothers;
(11)
Code Section 33-24-72, relating to health benefit policy requirements under the
"Breast Cancer Patient Care Act";
(12)
Code Section 34-9-415, relating to testing in drug-free workplace
programs;
(13)
Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood
for driving under the influence of alcohol, drugs, or other intoxicating
substances;
(14)
Code Section 42-4-70, relating to definitions relative to deductions from inmate
accounts for expenses;
(15)
Code Section 42-5-55, relating to deductions from inmate accounts for payment of
certain damages and medical costs;
(16)
Code Section 43-1-28, relating to the "Georgia Volunteers in Health Care
Specialties Act"; and
(17)
Code Section 51-2-5.1, relating to relationship between hospital and health care
provider prerequisite to liability.
SECTION
4.
Article
2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating
to the regulation of controlled substances, is amended by revising paragraph
(23) of Code Section 16-13-21, relating to definitions regarding the regulation
of controlled substances, as follows:
"(23)
'Practitioner' means:
(A)
A physician, dentist, pharmacist, podiatrist, veterinarian, scientific
investigator, or other person licensed, registered, or otherwise authorized
under the laws of this state to distribute, dispense, conduct research with
respect to, or to administer a controlled substance in the course of
professional practice or research in this state;
(B)
A pharmacy, hospital, or other institution licensed, registered, or otherwise
authorized by law to distribute, dispense, conduct research with respect to, or
to administer a controlled substance in the course of professional practice or
research in this state;
(C)
An advanced practice registered nurse acting pursuant to the authority of Code
Section
43-34-26.3
43-34-26.
For purposes of this chapter and Code Section
43-34-26.3
43-34-26,
an advanced practice registered nurse is authorized to register with the federal
Drug Enforcement Administration and appropriate state authorities;
or
(D)
A
physician's
physician
assistant acting pursuant to the authority of subsection (e.1) of Code Section
43-34-103. For purposes of this chapter and subsection (e.1) of Code Section
43-34-103, a
physician's
physician
assistant is authorized to register with the federal Drug Enforcement
Administration and appropriate state authorities."
SECTION
5.
Article
3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating
to dangerous drugs, is amended by revising paragraph (4.1) of Code Section
16-13-72, relating to the sale, distribution, or possession of dangerous drugs,
as follows:
"(4.1)
A physician in conformity with Code Section
43-34-26.1
43-34-24
may delegate to a nurse or a
physician's
physician
assistant the authority to possess vaccines and such other drugs as specified by
the physician for adverse reactions to those vaccines, and a nurse or
physician's
physician
assistant may possess such drugs pursuant to that delegation; provided, however,
that nothing in this paragraph shall be construed to restrict any authority of
nurses or
physician's
physician
assistants existing under other provisions of law;"
SECTION
6.
Article
3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating
to the practice of pharmacy, is amended by revising Code Section 26-4-50,
relating to certification for drug therapy modification, as
follows:
"26-4-50.
(a)
No pharmacist shall be authorized to modify drug therapy pursuant to Code
Section
43-34-26.2
43-34-25
unless that pharmacist:
(1)
Is licensed to practice as a pharmacist in this state;
(2)
Has successfully completed a course of study regarding modification of drug
therapy and approved by the board;
(3)
Annually successfully completes a continuing education program regarding
modification of drug therapy and approved by the board; and
(4)
Is certified by the board as meeting the requirements of paragraphs (1) through
(3) of this subsection.
(b)
Nothing in this Code section shall be construed to expand or change any existing
authority for a pharmacist to substitute drugs."
SECTION
7.
Article
5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating
to prescription drugs, is amended by revising paragraph (3) of subsection (d)
of Code Section 26-4-85, relating to patient counseling and optimizing drug
therapy, as follows:
"(3)
Patients receiving drugs from the Department of Human Resources Division of
Public Health; provided, however, that pharmacists who provide drugs to patients
in accordance with Code Section
43-34-26.1
43-34-24
shall include in all dispensing procedures a written process whereby the patient
or the caregiver of the patient is provided with the information required under
this Code section."
SECTION
8.
Article
7 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating
to practitioners of the healing arts, is amended by revising subsection (b) of
Code Section 26-4-130, relating to the regulation of dispensing drugs, as
follows:
"(b)
The other provisions of this chapter and Article 3 of Chapter 13 of Title 16
shall not apply to practitioners of the healing arts prescribing or compounding
their own prescriptions and dispensing drugs except as provided in this Code
section. Nor shall such provisions prohibit the administration of drugs by a
practitioner of the healing arts or any person under the supervision of such
practitioner or by the direction of such practitioner except as provided in this
Code section. Any term used in this subsection and defined in Code Section
43-34-26.1
43-34-24
shall have the meaning provided for such term in Code Section
43-34-26.1
43-34-24.
The other provisions of this chapter and Articles 2 and 3 of Chapter 13 of Title
16 shall not apply to persons authorized by Code Section
43-34-26.1
43-34-24
to order, dispense, or administer drugs when such persons order, dispense, or
administer those drugs in conformity with Code Section
43-34-26.1
43-34-24.
When a person dispenses drugs pursuant to the authority delegated to that person
under the provisions of Code Section
43-34-26.1
43-34-24,
with regard to the drugs so dispensed, that person shall comply with the
requirements placed upon practitioners by subsections (c) and (d) of this Code
section."
SECTION
9.
Chapter
10 of Title 31 of the Official Code of Georgia Annotated, relating to vital
records, is amended by revising Code Section 31-10-16, relating to criteria for
determining death, as follows:
"31-10-16.
(a)
A person may be pronounced dead by a qualified physician,
or
by a registered professional nurse authorized to make a pronouncement of death
under Code Section 31-7-176.1,
or by a
physician assistant authorized to make a pronouncement of death under subsection
(j) of Code Section 43-34-103, if it is
determined that the individual has sustained either (1) irreversible cessation
of circulatory and respiratory
function,
or (2) irreversible cessation of all functions of the entire brain, including
the brain stem.
(b)
A person who acts in good faith in accordance with the provisions of subsection
(a) of this Code section shall not be liable for damages in any civil action or
subject to prosecution in any criminal proceeding for such act.
(c)
The criteria for determining death authorized in subsection (a) of this Code
section shall be cumulative to and shall not prohibit the use of other medically
recognized criteria for determining death."
SECTION
10.
Chapter
11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency
medical services, is amended by revising paragraphs (5) and (6) of Code Section
31-11-2, relating to definitions, as follows:
"(5)
'Cardiac technician' means a person who, having been trained and certified as an
emergency medical technician and having completed additional training in
advanced cardiac life support techniques in a training course approved by the
department, is so certified by the Composite State Board of Medical
Examiners, now
known as the Georgia Composite Medical
Board, prior to January 1, 2002, or the
Department of Human Resources on and after January 1, 2002.
(6)
'Composite board' means the
Composite
State Board of Medical Examiners
Georgia
Composite Medical
Board."
SECTION
11.
Article
1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating
to general provisions regarding insurance, is amended by revising subsections
(c) and (d) of Code Section 33-24-56.4, relating to the payment for telemedicine
services, as follows:
"(c)
It is the intent of the General Assembly to mitigate geographic discrimination
in the delivery of health care by recognizing the application of and payment for
covered medical care provided by means of telemedicine, provided that such
services are provided by a physician or by another health care practitioner or
professional acting within the scope of practice of such health care
practitioner or professional and in accordance with the provisions of Code
Section
43-34-31.1
43-34-32.
(d)
On and after July 1, 2005, every health benefit policy that is issued, amended,
or renewed shall include payment for services that are covered under such health
benefit policy and are appropriately provided through telemedicine in accordance
with Code Section
43-34-31.1
43-34-32
and generally accepted health care practices and standards prevailing in the
applicable professional community at the time the services were provided. The
coverage required in this Code section may be subject to all terms and
conditions of the applicable health benefit plan."
SECTION
12.
Article
1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating
to nurses, is amended by revising paragraph (12) of subsection (a) of Code
Section 43-26-5, relating to the general powers of the Georgia Board of Nursing,
as follows:
"(12)
Be authorized to enact rules and regulations for registered professional nurses
in their performing acts under a nurse protocol as authorized in Code Section
43-34-26.1
43-34-24
and enact rules and regulations for advanced practice registered nurses in
performing acts as authorized in Code Section
43-34-26.3
43-34-26;"
SECTION
13.
Chapter
30 of Title 43 of the Official Code of Georgia Annotated, relating to
optometrists, is amended by revising subsection (a) of Code Section 43-30-13,
relating to the construction of the chapter, as follows:
"(a)
Nothing in this chapter shall be construed to apply to physicians and surgeons
duly licensed to practice medicine, nor to prevent persons from selling
spectacles or eyeglasses on prescription from any duly qualified optometrist or
physician, nor to prevent any person from selling glasses as articles of
merchandise or from using test cards in connection with the sale of such glasses
at a permanently located place when not trafficking or attempting to traffic
upon assumed skill in optometry; nor shall anything in this chapter be construed
to authorize any registered optometrist to prescribe or administer drugs except
as permitted by law or practice medicine or surgery in any manner as defined by
the laws of this state; nor shall this chapter be construed to authorize any
such person to use the title of 'M.D.' or any other title mentioned in Code
Section
43-34-20
or 43-34-26
43-34-22 or
43-34-23."
SECTION
14.
Chapter
34A of Title 43 of the Official Code of Georgia, relating to a patient's right
to know, is amended by revising paragraph (3) of Code Section 43-34A-2, relating
to definitions regarding a patient’s right to know, as follows:
"(3)
'Disciplinary action' means any final hospital disciplinary action or any final
disciplinary action taken by the
Composite
State Board of Medical Examiners
Georgia
Composite Medical Board under subsection
(b) of Code Section
43-34-37
43-34-8
within the immediately preceding ten-year period. No such disciplinary action
taken prior to April 11, 2001, shall be included within the definition of this
term."
SECTION
15.
Article
2 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating
to the eligibility and qualifications for office, is amended by revising
subsection (d) of Code Section 45-2-7, relating to the employment of aliens, as
follows:
"(d)
The prohibitions of subsection (a) of this Code section shall not apply to the
employment of aliens licensed under Code Section
43-34-33
43-34-28,
relating to the licensing of aliens to practice medicine or
pharmacy."
SECTION
16.
Chapter
1 of Title 51 of the Official Code of Georgia, relating to torts, is amended by
revising paragraph (14) of subsection (a) of Code Section 51-1-29.5, relating to
definitions, as follows:
"(14)
'Medical care' means any act defined as the practice of medicine under Code
Section
43-34-20
43-34-22."
SECTION
17.
Code
Sections 43-34-240 through 43-34-253 shall become effective as amended in
Section 1 of this Act only if funds are specially appropriated for the purposes
of Ga. L. 2007, p. 626 in a General Appropriations Act making specific reference
to such Act and shall become effective when funds so appropriated become
available for expenditure. All other provisions of this Act shall become
effective on July 1, 2009.
SECTION
18.
All
laws and parts of laws in conflict with this Act are repealed.