Bill Text: GA SB485 | 2011-2012 | Regular Session | Comm Sub

---

Bill Title: Patient Right to Know; administrative remedies; prior to inmate filing a complaint; Georgia Composite Medical Board

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-29 - Senate Read Second Time [SB485 Detail]

Download: Georgia-2011-SB485-Comm_Sub.html

---

12 LC 35 2626S

The Senate State Institutions and Property Committee offered the following substitute to SB 485:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 34A of Title 43 of the Official Code of Georgia Annotated, relating to patient right to know, so as to provide for exhaustion of administrative remedies prior to an inmate filing a complaint against a physician or other medical personnel with the Georgia Composite Medical Board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 34A of Title 43 of the Official Code of Georgia Annotated, relating to patient right to know, is amended by revising Code Section 43-34A-6, relating to a patient's right to file a grievance with the Georgia Composite Medical Board, as follows:

"43-34A-6.

(a) The patient or any person that the board deems to have a legitimate interest has the right to file a grievance with the board concerning a physician, staff, office, or treatment received.

(b) A declaration of the patient's rights shall be prominently displayed in conspicuous language in the physician's waiting room. This declaration may be contained in the same notice as the right to obtain physician profiles. The declaration of rights shall contain the following statement:

'The patient has the right to file a grievance with the Georgia Composite Medical Board concerning the physician, staff, office, and treatment received. The patient should either call the board with such a complaint or send a written complaint to the board. The patient should be able to provide the physician or practice name, the address, and the specific nature of the complaint. A person in the custody of the Department of Corrections or a county detention facility may not file a grievance with the board until he or she has exhausted the grievance procedure made available by his or her custodian.'

Such notice shall include the current phone number and address of the board.

(c) The board must review every complaint received to determine if there is sufficient evidence to warrant an investigation according to a procedure established by board regulation. Only investigated complaints upon which the board has taken disciplinary action shall be included in a physician's profile. The board must take the appropriate action as set forth in the regulations promulgated by the board. The board must respond in writing to the complaint within 60 days. In the response, the board shall inform the person whether the complaint is being referred for investigation, and if the complaint has been investigated, the results of the investigation or whether further investigation is required, and any board action taken.

(d) Any other provision of law notwithstanding, the board shall not be required to review the complaint of a person incarcerated in the custody of the Georgia Department of Corrections or a county detention facility unless such person has demonstrated that he or she has exhausted the internal grievance procedure made available to him or her by his or her custodian or otherwise establishes that no procedure for filing grievances against physicians or applicable medical staff is available to the incarcerated person for any reason."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.