HB 731 - Medical practice; comprehensive revision of provisions

Georgia House of Representatives - 1995/1996 Sessions

HB 731 - Medical practice; comprehensive revision of provisions

Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13/ 14/ 15/ 16/ 17/ 18/ 19/ 20/ 21/ 22/ 23/ 24/ 25/ 26/ 27/ 28/ 29/ 30/ 31/ 32/ 33/ 34/ 35/ 36/ 37/ 38/ 39/ 40/ 41/ 42/ 43/ 44/ 45/ 46/ 47/ 48/ 49
Code Sections - 43-34-26.1/ 43-34-31/ 43-34-32/ 43-34-33/ 43-34-34/ 43-34-36/ 43-34-37/ 43-34-38/ 43-34-102/ 43-34-107/ 31-11-57/ 51-1-45
Prev Bill Next Bill Bill Summary Bill List Disclaimer
1. Barnes  33rd

House Comm: H&E / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/14/95 Read 1st Time 2/15/95 Read 2nd Time ---------------------------------------- Code Sections amended:
HB 731 LC 9 8216 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Chapter 34 of Title 43 of the Official Code of 1- 2 Georgia Annotated, relating to physicians licensed to 1- 3 practice medicine in Georgia, physician's assistants, and 1- 4 respiratory care, so as to substantially revise the 1- 5 provisions relating to physicians licensed to practice 1- 6 medicine in Georgia; to repeal certain general provisions 1- 7 which are no longer applicable to the practice of medicine; 1- 8 to change the name of the Composite State Board of Medical 1- 9 Examiners to the Georgia Medical Board; to provide for a 1-10 statement of purpose with respect to the practice of 1-11 medicine; to change the definition of certain terms; to 1-12 repeal a certain definition; to change the provisions 1-13 relative to the Georgia Medical Board, formerly the 1-14 Composite State Board of Medical Examiners; to change the 1-15 composition of said board; to provide for the operations of 1-16 the board, reimbursement of members, frequency of meetings, 1-17 and the powers and duties of the board; to repeal certain 1-18 provisions relating to the power of the board to administer 1-19 oaths; to provide that the Georgia Medical Board shall be an 1-20 independent board and budget unit and shall not operate 1-21 through the joint-secretary of the state examining boards; 1-22 to provide for the appointment of an executive director and 1-23 other employees of the board; to change the provisions 1-24 relating to practicing medicine without a license; to change 1-25 the term osteopath to osteopathic physician; to change the 1-26 provisions relating to license requirements for persons 1-27 engaged in the practice of medicine; to change the 1-28 provisions relating to examinations for licensure; to repeal 1-29 certain provisions relating to licensing of aliens 1-30 generally; to repeal certain provisions relating to waiver 1-31 of examination for persons licensed by other states; to 1-32 change the provisions relating to the issuance of teacher's 1-33 license to licensed physicians of other states and foreign 1-34 countries; to repeal the provisions relating to the issuance 1-35 of license to alien who is licensed by another state; to 1-36 change the provisions relating to temporary licenses; to 1-37 provide for temporary training permits which will allow the -1- (Index) LC 9 8216 2- 1 holder to practice medicine under the supervision of a 2- 2 physician licensed to practice medicine in Georgia approved 2- 3 by the board under certain conditions and for a certain 2- 4 period; to change the provisions relating to institutional 2- 5 licenses; to change the provisions relating to provisional 2- 6 licenses for medical practitioners who have not passed the 2- 7 required examination; to change the provisions relating to 2- 8 persons authorized to perform artificial insemination; to 2- 9 provide limitations on liability in certain cases where 2-10 artificial insemination is performed; to provide certain 2-11 continuing education requirements for renewal of licenses; 2-12 to repeal certain provisions relating to issuance of license 2-13 upon presentation of evidence of required qualifications; to 2-14 repeal certain provisions relating to recording of license 2-15 with clerk of superior court; to change the provisions 2-16 relating to authority to refuse license or discipline a 2-17 physician licensed to practice medicine in Georgia; to 2-18 change the provisions relating to prior notice and hearing 2-19 in disciplinary proceedings; to repeal certain provisions 2-20 relating to the duty of the joint-secretary to transmit copy 2-21 of the revocation order to the clerk of superior court; to 2-22 repeal the provisions relating to the board's passing upon 2-23 good standing and reputation of medical and osteopathic 2-24 colleges; to repeal certain provisions relating to 2-25 preliminary educational requirements for medical or 2-26 osteopathic medical school or college; to change the 2-27 provisions relating to injunctions and violations of chapter 2-28 as constituting a nuisance; to repeal the provisions 2-29 relating to fraudulently obtaining or selling records; to 2-30 repeal the provisions relating to practicing osteopathy by 2-31 fraud or misrepresentation; to change certain definitions 2-32 used in the "Physician's Assistant Act"; to authorize 2-33 certain mental or physical examinations of physician's 2-34 assistants, respiratory care professionals, and other health 2-35 care professionals to determine their ability to continue to 2-36 safely practice their profession; to change certain 2-37 references; to repeal the "Controlled Substances Therapeutic 2-38 Research Act"; to amend certain Code sections in Title 43 of 2-39 the Official Code of Georgia Annotated to change certain 2-40 references to Code sections in Chapter 34 of Title 43; to 2-41 amend Code Section 31-11-2 of the Official Code of Georgia 2-42 annotated, relating to definitions with respect to emergency 2-43 medical services, so as to change the definition of a 2-44 certain term; to amend Code Section 31-11-57 of the Official 2-45 Code of Georgia Annotated, relating to revocation of 2-46 certificates issued to paramedics and cardiac technicians, -2- (Index) LC 9 8216 3- 1 so as to authorize certain mental or physical examinations 3- 2 of paramedics or cardiac technicians; to amend the Official 3- 3 Code of Georgia Annotated to change certain references to 3- 4 the Composite State Board of Medical Examiners or the 3- 5 composite board; to change certain references to the 3- 6 practice of medicine and surgery; to provide for related 3- 7 matters; to repeal conflicting laws; and for other purposes. 3- 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 3- 9 Chapter 34 of Title 43 of the Official Code of Georgia 3-10 Annotated, relating to physicians licensed to practice 3-11 medicine in Georgia, physician's assistants, and respiratory 3-12 care, is amended by striking in its entirety Article 1, 3-13 relating to general provisions, and inserting in lieu 3-14 thereof the following: "ARTICLE 1 RESERVED". SECTION 2. 3-15 Said chapter is further amended by striking in its entirety 3-16 Article 2, relating to physicians licensed to practice 3-17 medicine in Georgia, and inserting in lieu thereof a new 3-18 Article 2 to read as follows: "ARTICLE 2 3-19 43-34-20. 3-20 (a) The practice of medicine is a privilege granted by the 3-21 people acting through their elected representatives. 3-22 (b) In the interests of public health, safety, and welfare 3-23 and to protect the public from the unprofessional, 3-24 improper, incompetent, and unlawful practice of medicine, 3-25 it is necessary to provide laws and regulations to govern 3-26 the granting and subsequent use of the privilege to 3-27 practice medicine. 3-28 (c) The primary responsibility and obligation of the 3-29 Georgia Medical Board is to protect the public. 3-30 43-34-20 43-34-21. 3-31 As used in this article, the term: -3- (Index) LC 9 8216 4- 1 (1) 'Board' or 'Board of Medical Examiners' means the 4- 2 Composite State Board of Medical Examiners Georgia 4- 3 Medical Board. 4- 4 (2) 'Internship' or any other similar term includes a 4- 5 clinical training program which is defined and approved 4- 6 by the board as a substitute for an internship. 4- 7 (2) The terms 'doctors of medicine,' 'doctors of 4- 8 osteopathic medicine,' 'doctors of medicine licensed to 4- 9 practice in the state,' and similar terms wherever used 4-10 or appearing in this chapter or elsewhere shall mean and 4-11 include only those persons who are licensed to practice 4-12 medicine under this article unless otherwise 4-13 specifically authorized by law. 4-14 (3) 'To practice medicine' medicine,' 'the practice of 4-15 medicine,' or 'practicing medicine' means to hold one's 4-16 self oneself out to the public as being engaged in the 4-17 diagnosis or treatment of disease, defects, or injuries 4-18 of human beings; or the suggestion, recommendation, or 4-19 prescribing of any form of treatment for the intended 4-20 palliation, relief, or cure of any physical, mental, or 4-21 functional ailment or defect of any person with the 4-22 intention of receiving therefor, either directly or 4-23 indirectly, any fee, gift, or compensation whatsoever; 4-24 or the maintenance of an office for the reception, 4-25 examination, and treatment of persons suffering from 4-26 disease, defect, or injury of body or mind; or attaching 4-27 the title 'M.D.,' 'Oph.,' 'D.,' 'Dop.,' 'Surgeon,' 4-28 'Doctor,' 'D.O.,' 'Doctor of Osteopathy,' either alone 4-29 or in connection with other words, or any other words or 4-30 abbreviations to one's name, indicating that such person 4-31 is engaged in the treatment or diagnosis of disease, 4-32 defects, or injuries to human beings, provided that the 4-33 terms 'doctors of medicine,' 'doctors of medicine 4-34 licensed to practice in the state,' and similar terms 4-35 wherever used or appearing in this article or elsewhere 4-36 shall mean and include only those persons who are 4-37 licensed to practice medicine under this article. 4-38 43-34-21 43-34-22. 4-39 (a) A board is established to be known as the Composite 4-40 State Board of Medical Examiners Georgia Medical Board. 4-41 The board shall be composed of 13 members, all of whom All 4-42 members of the board shall be citizens of the United 4-43 States and residents of this state. All appointments to -4- (Index) LC 9 8216 5- 1 the board shall be made by the Governor and confirmed by 5- 2 the Senate; provided, however, that after July 1, 1996, no 5- 3 two physician members who are M.D. degree graduates shall 5- 4 be appointed from the same congressional district. All 5- 5 appointees shall serve for a term of four years and until 5- 6 their successors are appointed and qualified. A vacancy 5- 7 on the board for any reason other than expiration of the 5- 8 term shall be filled for the remainder of the unexpired 5- 9 term by appointment of the Governor with the confirmation 5-10 of the Senate. 5-11 (b) Twelve of the members shall be practicing physicians 5-12 of integrity and ability, licensed to practice medicine in 5-13 Georgia, and shall be duly licensed hold unrestricted 5-14 licenses to practice medicine in this state. Ten of the 12 5-15 physician members licensed to practice medicine in Georgia 5-16 shall be graduates of reputable medical schools conferring 5-17 the M.D. degree; the other two physician members licensed 5-18 to practice medicine in Georgia shall be graduates of 5-19 reputable osteopathic medical schools conferring the D.O. 5-20 degree. All of the physician members licensed to practice 5-21 medicine in Georgia shall have been engaged in the active 5-22 practice of their profession within this state for a 5-23 period of at least five years. Any vacancy occurring in a 5-24 post held by a holder of the D.O. degree shall be filled 5-25 by a D.O. from the state at large. 5-26 (c) The thirteenth member of the board shall be appointed 5-27 from the state at large and shall have no connection 5-28 whatsoever with the practice of medicine; provided, 5-29 however, the nonphysician member may vote only on matters 5-30 relating to administration and policy which do not 5-31 directly relate to practical and scientific examination of 5-32 physicians in this state. 5-33 (d) The board shall perform such duties and possess and 5-34 exercise such powers relative to the protection of the 5-35 public health and the control of regulation of the 5-36 practice of medicine and osteopathy as this chapter 5-37 prescribes and confers upon it and shall have the power to 5-38 carry out investigations, either through the 5-39 joint-secretary or independently; provided, however, that 5-40 the member of the board who is not a practicing physician 5-41 may vote only on matters relating to administration and 5-42 policy which do not directly relate to practical and 5-43 scientific examination of physicians in this state. -5- (Index) LC 9 8216 6- 1 (e)(d)(1) The board shall appoint a Physician's 6- 2 Assistants Advisory Committee composed of four 6- 3 physicians licensed to practice medicine in this state, 6- 4 at least two of whom shall be members of the board, and 6- 5 four certified physician's assistants, who shall each 6- 6 serve for terms of office of two years and until their 6- 7 successors are appointed and qualified. The committee 6- 8 shall review matters to come before the board which 6- 9 relate to physician's assistants, including but not 6-10 limited to applicants for physician's assistant 6-11 certification and recertification and education 6-12 requirements therefor, and proposed board regulations 6-13 concerning physician's assistants. The committee shall 6-14 periodically make recommendations to the board regarding 6-15 matters reviewed. Each member of the advisory committee 6-16 shall be entitled to the same expense allowances, 6-17 mileage allowances, and reimbursement as members of the 6-18 board as provided for in subsection (f) of Code Section 6-19 43-1-2. 6-20 (2) The committee shall appoint a physician's assistant 6-21 in an advisory capacity to the board. The advisory 6-22 person shall serve at the pleasure of the committee as 6-23 an ex officio adviser to the board in all matters 6-24 relating to physician's assistants and shall share in 6-25 the privileges and benefits of the board without a vote. 6-26 (f) The board shall examine applicants to test their 6-27 qualifications to practice medicine. 6-28 (g) When funds are specifically appropriated for such 6-29 purpose, the board shall publish an informational booklet 6-30 on breast cancer and the treatment of breast cancer. The 6-31 booklet shall contain a summary of the latest information 6-32 on breast cancer and, in brief form, shall discuss the 6-33 generally accepted and widely prevailing medical and 6-34 surgical treatments for breast cancer. The booklet shall 6-35 include a valid assessment of the relative risks and 6-36 benefits of the accepted and widely prevailing methods of 6-37 treatment. A copy of the booklet shall be made available 6-38 by the board to every appropriate physician in the state. 6-39 A letter by the board shall accompany this booklet stating 6-40 that the board urges the physician to distribute a copy of 6-41 the booklet to each and every patient whose suspected 6-42 disease, disease, or course of treatment is covered by the 6-43 material in the booklet. Copies shall also be available to 6-44 any person upon request at a fee prescribed by the -6- (Index) LC 9 8216 7- 1 joint-secretary sufficient to cover the cost of printing 7- 2 and distribution. The booklet shall be updated and 7- 3 redistributed at such times as the board shall deem 7- 4 necessary. 7- 5 (h)(e) The board shall have the authority to contract with 7- 6 medical associations or other professionally qualified 7- 7 organizations to conduct impaired physicians programs. 7- 8 43-34-22. 7- 9 The ten members of the State Board of Medical Examiners as 7-10 of March 16, 1970, shall become members of the board, to 7-11 serve terms coextensive with their terms on the previously 7-12 existing State Board of Medical Examiners. The other two 7-13 physician members of the board shall be appointed from 7-14 among the members of the State Board of Examiners in 7-15 Osteopathy in office as of March 16, 1970, to serve terms 7-16 coextensive with their terms on the previously existing 7-17 State Board of Examiners in Osteopathy. All subsequent 7-18 appointees shall serve for a term of four years and until 7-19 successors are appointed and qualified. All reappointments 7-20 and new appointments shall be made so that each 7-21 congressional district in the state is represented by an 7-22 M.D. member at all times. Any vacancy that may occur in 7-23 the board as a result of death, resignation, removal from 7-24 the state, or other cause shall be filled for the 7-25 unexpired term in the same manner as regular appointments 7-26 are made. 7-27 43-34-23. 7-28 Immediately and before entering upon the duties of office, 7-29 the members of the board shall take the constitutional 7-30 oath of office and shall file the same in the office of 7-31 the Governor, who, upon receiving the oath of office, 7-32 shall issue to each member a certificate of appointment. 7-33 43-34-24 43-34-23. 7-34 (a) Immediately after the appointment and qualification of 7-35 the members, the board shall meet and organize and shall 7-36 elect a president and vice-president. The Unless 7-37 otherwise provided in this chapter, the board shall 7-38 operate under the terms of Chapter 1 of this title, 7-39 providing for a joint-secretary; and the joint-secretary 7-40 shall serve the board as provided by law. Funding for the 7-41 Georgia Medical Board shall be contained in a budget unit 7-42 as defined in Part 1 of Article 4 of Chapter 12 of Title -7- (Index) LC 9 8216 8- 1 45, the 'Budget Act.' Each member of the board shall be 8- 2 reimbursed as provided for in subsection (f) of Code 8- 3 Section 43-1-2. 8- 4 (b) The board shall meet as necessary. hold two regular 8- 5 meetings each year, one in May or June and one in October. 8- 6 Call Officers, including a president and a vice president, 8- 7 shall be elected by the board from among the board. A 8- 8 majority of the members of the board shall constitute a 8- 9 quorum. Called meetings may be held at the discretion of 8-10 the president. The board shall be authorized to conduct 8-11 meetings by telecommunication conference upon notice 8-12 according to Chapters 13 and 14 of Title 50. The board 8-13 shall adopt a seal, which must be affixed to all licenses 8-14 issued by the board. 8-15 (c) The board shall have the following powers and duties: 8-16 (1) To adopt, amend, and repeal such rules and 8-17 regulations in accordance with this chapter necessary 8-18 for the proper administration and enforcement of this 8-19 chapter; 8-20 (2) To issue, renew, and reinstate the licenses of duly 8-21 qualified applicants for licensure or certification 8-22 under this chapter; 8-23 (3) To deny, suspend, revoke, or otherwise sanction 8-24 licenses or certifications; 8-25 (4) To approve such examinations as are necessary to 8-26 determine competency to practice under this chapter; 8-27 (5) To initiate investigations for the purpose of 8-28 discovering violations of this chapter; 8-29 (6) To adopt a seal by which the board shall 8-30 authenticate the acts of the board; 8-31 (7) To administer oaths, to subpoena witnesses, and to 8-32 take testimony in all matters relating to its duties; 8-33 (8) To establish a pool of qualified physicians to act 8-34 as peer reviewers and expert witnesses. In cases 8-35 requiring peer review, the board shall select physicians 8-36 professionally qualified by education and training, 8-37 medical associations, or other professionally qualified 8-38 organizations to serve as peer reviewers and shall 8-39 contract, with the approval of the Secretary of State, 8-40 with such physicians licensed to practice medicine in 8-41 Georgia, associations, or organizations; -8- (Index) LC 9 8216 9- 1 (9) To appoint qualified physicians to assist the board 9- 2 in its investigative process by serving as consultants 9- 3 in their areas of expertise; and 9- 4 (10) To establish standards and procedures for 9- 5 evaluating, inspecting, and approving any medical school 9- 6 or osteopathic medical school. 9- 7 (c) The board shall from time to time adopt such rules and 9- 8 regulations as it may deem necessary for the performance 9- 9 of its duties and shall examine and pass upon the 9-10 qualifications of applicants for the practice of medicine. 9-11 (d) The board shall recommend to the Secretary of State, 9-12 and the Secretary of State may appoint, professionally 9-13 qualified persons to serve as members of peer review 9-14 committees. 9-15 (d)(1) The board shall appoint, set the salary of, and 9-16 terminate the executive director and other employees of 9-17 the board. 9-18 (2) The board shall also appoint, set the salary of, and 9-19 terminate the medical coordinator who shall be a medical 9-20 doctor currently licensed in Georgia. 9-21 (e) It shall be the duty of the executive director: 9-22 (1) To bring together and keep all records relating to 9-23 the board; 9-24 (2) To receive all applications for licenses; 9-25 (3) To schedule the time and place for all examinations, 9-26 meetings of the board, and hearings; 9-27 (4) To issue licenses upon authority of the board; 9-28 (5) Except as otherwise provided by law, to collect all 9-29 fees required by law in connection with the licensing 9-30 conducted by the board and to remit the same to the 9-31 director of the Office of Treasury and Fiscal Services 9-32 for deposit into the general fund of the state; 9-33 (6) To sign and attest all orders and processes of the 9-34 board in the name of the board, with the seal of the 9-35 board attached. Any notice or legal process necessary 9-36 to be served upon the board may be served upon the 9-37 executive director; -9- (Index) LC 9 8216 10- 1 (7) To maintain a schedule of all meetings and hearings 10- 2 of the board at the office of the executive director and 10- 3 make them available for public review; 10- 4 (8) To establish administrative standards for the 10- 5 examination of applicants for licensure by the board, 10- 6 notwithstanding any other provisions of law to the 10- 7 contrary. These administrative standards shall include 10- 8 the setting of date, time, and location of examinations, 10- 9 subject to the approval of the board. Notwithstanding 10-10 any other provisions of law to the contrary, examination 10-11 criteria, examination grading procedures, examination 10-12 fees, examination passing score requirements, and other 10-13 matters pertaining to the examination of applicants for 10-14 licensure may be adopted by rules of the board as 10-15 necessary to implement such examination standards. 10-16 Examination standards, including examination criteria, 10-17 grading procedures, and passing score requirements, 10-18 developed in agreement or in conjunction with a national 10-19 association of state boards or other related national 10-20 association for the administration of a nationally 10-21 recognized uniform examination may be adopted in lieu of 10-22 state standards by the board; and 10-23 (9) To prepare and maintain a roster containing the 10-24 names and addresses of all current licensees. A copy of 10-25 this roster shall be available to any person upon 10-26 request at a fee prescribed by the board sufficient to 10-27 cover the cost of printing and distribution. The 10-28 following shall be treated as confidential and need not 10-29 be disclosed without the approval of the board: 10-30 (A) Applications and other personal information 10-31 submitted by applicants, except to the applicant, 10-32 staff, and the board; 10-33 (B) Information, favorable or unfavorable, submitted 10-34 by a reference source concerning an applicant, except 10-35 to the staff and the board; 10-36 (C) Examination questions and other examination 10-37 materials, except to the staff and the board; and 10-38 (D) The deliberations of the board with respect to an 10-39 application, an examination, a complaint, an 10-40 investigation, or a disciplinary proceeding, except as 10-41 may be contained in official board minutes. -10- (Index) LC 9 8216 11- 1 43-34-25. 11- 2 The board shall have authority to administer oaths, to 11- 3 summon witnesses, and to take testimony in all matters 11- 4 relating to its duties. 11- 5 43-34-26 43-34-24. 11- 6 (a) If any person shall hold himself or herself out to the 11- 7 public as being engaged in the practice of medicine as 11- 8 defined in paragraph (3) of Code Section 43-34-21, either 11- 9 by his or her acts or by the use of one of the titles 11-10 protected by that Code section, diagnosis or treatment of 11-11 disease or injuries of human beings, or shall suggest, 11-12 recommend, or prescribe any form of treatment for the 11-13 palliation, relief, or cure of any physical or mental 11-14 ailment of any person, with the intention of receiving 11-15 therefor, either directly or indirectly, any fee, gift, 11-16 or compensation whatsoever, or shall maintain an office 11-17 for the reception, examination, or treatment of diseased 11-18 or injured human beings, or shall attach the title 'M.D.,' 11-19 'Oph.,' 'D.,' 'Dop.,' 'Surgeon,' 'Doctor,' 'D.O.,' 'Doctor 11-20 of Osteopathy,' either alone or in connection with other 11-21 words, or any other word or abbreviation to his name 11-22 indicative that he is engaged in the treatment of 11-23 diseased, defective, or injured human beings, and shall 11-24 not in any of these cases then possess a valid license to 11-25 practice medicine under the laws of this state, he or she 11-26 shall be deemed to be practicing medicine without 11-27 complying with this chapter and shall be deemed in 11-28 violation of this chapter; provided, however, that an 11-29 individual who holds an expired license for failure to 11-30 renew as provided in Code Section 43-1-19 shall not be 11-31 deemed to be practicing medicine without a license and 11-32 shall not be required to fill out an application other 11-33 than the renewal application. 11-34 (b) Nothing in this chapter shall be construed to 11-35 prohibit: 11-36 (1) Gratuitous services in cases of emergency; 11-37 (2) The practice of the religious tenets or general 11-38 beliefs of any church whatsoever; 11-39 (3) The requiring of a fee for examination by opticians, 11-40 at their established places of business, who do not 11-41 prescribe or use drugs or medicines or attach to their 11-42 names titles indicative that any such persons are -11- (Index) LC 9 8216 12- 1 engaged in the practice of medicine, as defined in this 12- 2 chapter; 12- 3 (4) The performance of their duties for the federal 12- 4 government by federal physicians, both military and 12- 5 civilian; 12- 6 (5) The practice of medicine, by an individual appointed 12- 7 as an intern or accepted for specialty or residency 12- 8 training in programs approved by the board, for a period 12- 9 of two years or for such additional period as the board, 12-10 by application, may determine; 12-11 (6) The consultation on special cases in this state of 12-12 regularly licensed physicians from other states or 12-13 territories; 12-14 (7) The licensed practice of dentistry, optometry, 12-15 psychology, or chiropractic, nursing, psychology, 12-16 podiatry, or veterinary medicine; 12-17 (8) The licensed practice of midwifery or nursing any 12-18 other healing art in accord with and as provided by the 12-19 laws of this state; 12-20 (9) The utilization of a physician's assistant to 12-21 perform tasks approved by the board, and the performance 12-22 of such tasks by the physician's assistant; the 12-23 delegation by a physician to a qualified person other 12-24 than a physician's assistant of any acts, duties, or 12-25 functions which are otherwise permitted by law or 12-26 established by custom; and the performance of such acts, 12-27 duties, or functions by such a person other than a 12-28 physician's assistant; or 12-29 (10) The performance of: 12-30 (A) Any medical task by a student enrolled in a 12-31 medical college, osteopathic college, or physician's 12-32 assistant training program approved by the board; or 12-33 (B) Any dental task by a student enrolled in a dental 12-34 college approved by the Georgia Board of Dentistry 12-35 where either type task is performed under the 12-36 supervision of an authorized instructor lawfully 12-37 licensed in this state to perform such tasks. 12-38 (c) Nothing in this chapter shall be construed as 12-39 preventing any person holding a valid license as a Doctor 12-40 of Osteopathy on March 16, 1970, from engaging in the 12-41 practice of osteopathy osteopathic medicine as the same -12- (Index) LC 9 8216 13- 1 was practiced by such person at such time, subject to 13- 2 biennial renewal of his such person's license. Such 13- 3 limited renewal licenses shall not authorize the practice 13- 4 of obstetrics or surgery other than the minor suturing of 13- 5 cuts. 13- 6 43-34-27 43-34-25. 13- 7 (a)(1)(A) Any person who wishes to obtain the right to 13- 8 practice medicine in this state and who was not, prior 13- 9 to March 16, 1970, registered or licensed to practice 13-10 medicine, either by the State Board of Medical 13-11 Examiners or the State Board of Examiners in 13-12 Osteopathy, shall, before it shall be lawful for him 13-13 to practice medicine in this state, make application 13-14 to the board through the joint-secretary, upon such 13-15 forms and in such manner as shall be adopted and 13-16 prescribed by the board, and shall obtain from the 13-17 board a license to practice medicine. Any person who 13-18 practices medicine without first having obtained a 13-19 license shall be deemed to have violated this chapter. 13-20 All applicants for a license to practice medicine or 13-21 for a renewal of any such license which has been 13-22 revoked shall furnish the board with evidence of good 13-23 moral character. Applications from candidates to 13-24 practice medicine or surgery in any of its branches 13-25 shall be accompanied by proof that the applicant is a 13-26 graduate of one of the two colleges of medicine now 13-27 existing in this state, or from some other legally 13-28 incorporated medical college or osteopathic college. 13-29 (B) The board by rule or regulation may establish 13-30 standards and procedures for evaluating, inspecting, 13-31 and approving any medical or osteopathic college not 13-32 already approved by it on or before March 16, 1970. 13-33 The evaluation procedure may include consideration of 13-34 reports from any outside agency having expertise in 13-35 medical or osteopathic college evaluation; provided, 13-36 however, that the board shall make the final decision 13-37 on approval of medical and osteopathic colleges. 13-38 Nothing contained in this Code section shall prevent 13-39 the approval of medical schools outside of the United 13-40 States or the licensing of graduates of medical 13-41 schools outside of the United States if such schools 13-42 and their graduates comply with the standards 13-43 established in this Code section and by rule of the 13-44 board. -13- (Index) LC 9 8216 14- 1 (2) Graduates of board approved medical or osteopathic 14- 2 colleges and persons who are graduated on or before July 14- 3 1, 1985, from medical or osteopathic colleges which are 14- 4 not approved by the board must complete one year of a 14- 5 board approved internship or residency training program 14- 6 to be eligible to stand any regular examination given by 14- 7 the board for a license to practice medicine in this 14- 8 state. Persons who are graduated after July 1, 1985, 14- 9 from medical or osteopathic colleges which are not 14-10 approved by the board must complete three years of a 14-11 board approved internship or residency training program 14-12 to be eligible to stand any regular examination given by 14-13 the board for a license to practice medicine in this 14-14 state. However, before any such person shall be 14-15 eligible to receive a license to practice medicine in 14-16 this state, he shall furnish the board with satisfactory 14-17 evidence of attainments and qualifications under this 14-18 Code section and the rules and regulations of the board. 14-19 Nothing contained in this Code section shall be 14-20 construed so as to require a person who has previously 14-21 passed an examination given by the board for a license 14-22 to practice medicine in this state to stand another 14-23 examination. 14-24 (3) If the applicant submits proof that he has had 14-25 training as an intern or resident as required in 14-26 paragraph (2) of this subsection and if he furnishes 14-27 satisfactory evidence of attainments and qualifications 14-28 under this chapter and the rules and regulations of the 14-29 board, he shall be eligible to receive a license from 14-30 the board giving him absolute authority to practice 14-31 medicine in this state, provided that the board shall, 14-32 before approving any internship program not already 14-33 approved by it on or before March 16, 1970, evaluate or 14-34 inspect such internship program and determine that such 14-35 internship program meets the standards of programs 14-36 approved by the board on or before March 16, 1970. 14-37 (4) If the date of graduation from an institution 14-38 mentioned in subparagraph (B) of paragraph (1) of this 14-39 subsection is on or before January 1, 1967, no proof of 14-40 internship in an approved hospital need be submitted to 14-41 obtain a license from the board. 14-42 (a) No person shall be eligible for licensure under this 14-43 article unless such person furnishes satisfactory evidence 14-44 to the board of all of the following: -14- (Index) LC 9 8216 15- 1 (1) Having good moral character; 15- 2 (2) Having graduated from a medical or osteopathic 15- 3 medical school which meets the requirements of the 15- 4 board; 15- 5 (3) Having successfully passed an examination approved 15- 6 by the board; 15- 7 (4) Having completed postgraduate training approved by 15- 8 the board as required under subsection (b) of this Code 15- 9 section; 15-10 (5) Having completed two years of premedical education; 15-11 (6) Having paid the required fees; and 15-12 (7) Having met such other requirements as established by 15-13 the board. 15-14 (b) All applicants for licensure shall be required to 15-15 complete a postgraduate training program approved by the 15-16 board as follows: 15-17 (1) Graduates of board approved United States or 15-18 Canadian medical schools or osteopathic medical schools 15-19 who graduate before July 1, 1995, must complete 12 15-20 months of postgraduate training approved by the board; 15-21 (2) Graduates of medical schools outside of the United 15-22 States or Canada who graduate before July 1, 1995, must 15-23 complete 36 months of postgraduate training approved by 15-24 the board; 15-25 (3) Graduates of any medical school or osteopathic 15-26 medical school who graduate on or after July 1, 1995, 15-27 must complete 36 months of postgraduate training 15-28 approved by the board. 15-29 (c) Graduates of medical schools or osteopathic medical 15-30 schools must complete at least 12 months of board approved 15-31 postgraduate training to be eligible to take the component 15-32 of the licensing examination which is administered at the 15-33 direction of the board. 15-34 (b)(d)(1) Students who have completed the academic 15-35 curriculum in residence in a foreign medical school and 15-36 who: 15-37 (A) Have studied medicine at a medical school located 15-38 outside of the United States, Puerto Rico, and Canada -15- (Index) LC 9 8216 16- 1 which is recognized by the World Health Organization; 16- 2 and 16- 3 (B) Have completed all of the formal requirements of 16- 4 the foreign medical school except internship or social 16- 5 service 16- 6 may substitute for the internship or social service 16- 7 required by a foreign country an academic year of 16- 8 supervised clinical training (clinical clerkship) prior 16- 9 to entrance into the first year of American Medical 16-10 Association approved graduate education. The supervised 16-11 clinical training must be under the direction of a 16-12 medical school approved by the liaison committee on 16-13 medical education. 16-14 (2) Before beginning the supervised clinical training, 16-15 the students must have their academic records reviewed 16-16 and approved by the medical schools supervising their 16-17 clinical training and shall pass the Educational Council 16-18 for Foreign Medical Graduates (ECFMG) qualifying 16-19 examination. 16-20 (3) Students who are judged by the sponsoring medical 16-21 schools to have successfully completed the supervised 16-22 clinical training shall be eligible to enter the first 16-23 year of American Medical Association approved graduate 16-24 training program without completing social service or 16-25 internship obligations required by the foreign country 16-26 and without obtaining Educational Council for Foreign 16-27 Medical Graduates (ECFMG) certification. 16-28 (c) Notwithstanding any other contrary provisions of this 16-29 Code section, a person who has: 16-30 (1) Completed the academic curriculum in residence in a 16-31 nonapproved medical school, as specified in subsection 16-32 (b) of this Code section; 16-33 (2) Completed one year of supervised clinical training 16-34 in a teaching hospital in Georgia that is approved by 16-35 the board; 16-36 (3) Satisfactorily completed one year of a board 16-37 approved internship or residency training program in 16-38 Georgia that is approved by the board; 16-39 (4) Received a favorable letter of recommendation from 16-40 the program director of such board approved internship 16-41 or residency program; and -16- (Index) LC 9 8216 17- 1 (5) Satisfactorily completed components 1 and 2 of the 17- 2 Federation Licensing Examination (FLEX) 17- 3 shall be eligible to apply for a provisional license to 17- 4 practice medicine during the completion of such person's 17- 5 board approved internship or residency training program. 17- 6 Such provisional license, if approved by the board, shall 17- 7 allow the holder to practice medicine in a Health 17- 8 Professional Shortage Area designated as such by the 17- 9 United States Department of Health and Human Services, 17-10 based on recommendations by the Health Planning Agency. 17-11 Such a provisional license shall not be approved pursuant 17-12 to this subsection for more than two years and if the 17-13 licensee leaves, quits, or is expelled from the approved 17-14 residency program, the provisional license shall be deemed 17-15 to be revoked. Such provisional license shall be issued 17-16 only upon approval by the board and nothing contained in 17-17 this subsection shall be construed to require the issuance 17-18 of such license. 17-19 (e) The board shall have the authority to require any 17-20 applicant who has not passed a board approved licensing 17-21 examination or a board approved specialty board 17-22 examination or recertification examination within ten 17-23 years of the date of application to take and pass the 17-24 Special Purpose Examination (SPEX) or a similar 17-25 examination approved by the board as a condition of 17-26 licensure or reinstatement; provided, however, that the 17-27 board may waive this requirement upon good cause shown. 17-28 The board may also require an applicant or licensee who is 17-29 subject to discipline pursuant to Code Section 43-34-37 to 17-30 take and pass the SPEX or a similar examination approved 17-31 by the board as a condition of licensure. Nothing 17-32 contained in this Code section shall be construed so as to 17-33 require a person who has previously passed an examination 17-34 given by the board for a license to practice medicine in 17-35 this state to stand another examination as a condition of 17-36 renewal of a current unrestricted license. 17-37 43-34-26. 17-38 The board may approve any examination or examinations that 17-39 it deems must be passed in order to meet the requirements 17-40 for licensure. Such examinations shall be in English. 17-41 The board shall establish the passing score which all 17-42 applicants for licensure shall meet or exceed. If an 17-43 applicant fails for the third or any subsequent time any 17-44 examination which is required to be passed in order to -17- (Index) LC 9 8216 18- 1 become a licensed practitioner in this state, the 18- 2 applicant shall not be eligible to retake any such 18- 3 examination until such applicant furnishes proof of having 18- 4 completed 12 months of appropriate education and training 18- 5 as approved by the board. 18- 6 43-34-26.1. (Index) 18- 7 (a) As used in this Code section, the term: 18- 8 (1) 'Administer' means to give a unit dose of any drug 18- 9 or to perform any medical treatment or diagnostic study. 18-10 (2) 'Controlled substance' means any controlled 18-11 substance, as defined in Code Section 16-13-21, except 18-12 any Schedule I controlled substance listed in Code 18-13 Section 16-13-25. 18-14 (3) 'Dispense' means to issue one or more doses of any 18-15 drug in a suitable container with appropriate labeling 18-16 for subsequent administration to, or use by, a patient. 18-17 (3.1) 'Dispensing procedure' means a written document 18-18 signed by a licensed pharmacist and a licensed physician 18-19 which document establishes the appropriate manner under 18-20 which drugs may be dispensed pursuant to this Code 18-21 section. 18-22 (4) 'Dangerous drug' means any dangerous drug, as 18-23 defined in Code Section 16-13-71, but does not include 18-24 any controlled substance or Schedule I controlled 18-25 substance. 18-26 (5) 'Drug' means any dangerous drug or controlled 18-27 substance. 18-28 (5.1) 'Job description' means a document signed by a 18-29 licensed physician licensed to practice medicine in 18-30 Georgia and describing the duties which may be performed 18-31 by a physician's assistant, by which document the 18-32 physician delegates to that physician's assistant the 18-33 authority to perform certain medical acts pursuant to 18-34 subsection (b) of this Code section and which acts shall 18-35 include, without being limited to, the administering and 18-36 ordering of any drug. 18-37 (6) 'Nurse' means a person who is a registered 18-38 professional nurse licensed as such under Article 1 of 18-39 Chapter 26 of this title. -18- (Index) LC 9 8216 19- 1 (7) 'Nurse protocol' means a written document mutually 19- 2 agreed upon and signed by a nurse and a licensed 19- 3 physician licensed to practice medicine in Georgia, by 19- 4 which document the physician delegates to that nurse the 19- 5 authority to perform certain medical acts pursuant to 19- 6 subsection (b) of this Code section, and which acts 19- 7 shall include, without being limited to, the 19- 8 administering and ordering of any drug. 19- 9 (8) 'Order' means to select a drug, medical treatment, 19-10 or diagnostic study through physician delegation in 19-11 accordance with a nurse protocol or a physician's 19-12 assistant's job description. Ordering under such 19-13 delegation shall not be construed to be prescribing, 19-14 which act can only be performed by the physician 19-15 licensed to practice medicine in Georgia, nor shall 19-16 ordering of a drug be construed to authorize the 19-17 issuance of a written prescription. 19-18 (9) 'Physician's assistant' means a person certified as 19-19 a physician's assistant pursuant to Article 4 of this 19-20 chapter, the 'Physician's Assistant Act.' 19-21 (b)(1) A physician licensed to practice medicine in 19-22 Georgia may delegate to: 19-23 (A) A physician's assistant in accordance with a job 19-24 description; or 19-25 (B) A nurse recognized by the Georgia Board of Nursing 19-26 as a certified nurse midwife, certified registered 19-27 nurse anesthetist, certified nurse practitioner, or 19-28 clinical nurse specialist, psychiatric/mental health 19-29 in accordance with a nurse protocol 19-30 the authority to order controlled substances selected 19-31 from a formulary of such drugs established by the 19-32 Composite State Board of Medical Examiners Georgia 19-33 Medical Board and the authority to order dangerous 19-34 drugs, medical treatments, and diagnostic studies. 19-35 (2) A physician licensed to practice medicine in Georgia 19-36 may delegate to a nurse or physician's assistant the 19-37 authority to order dangerous drugs, medical treatments, 19-38 or diagnostic studies and a nurse or physician's 19-39 assistant is authorized to dispense dangerous drugs, in 19-40 accordance with a dispensing procedure and under the 19-41 authority of an order issued in conformity with a nurse 19-42 protocol or job description, if that nurse or -19- (Index) LC 9 8216 20- 1 physician's assistant orders or dispenses those 20- 2 dangerous drugs, medical treatments, or diagnostic 20- 3 studies: 20- 4 (A) As an agent or employee of: 20- 5 (i) The Division of Public Health of the Department 20- 6 of Human Resources; 20- 7 (ii) Any county board of health; or 20- 8 (iii) Any organization: 20- 9 (I) Which is exempt from federal taxes pursuant to 20-10 Section 501(c)(3) of the Internal Revenue Code, as 20-11 defined in Code Section 48-1-2, other than an 20-12 organization which is a hospital, preferred 20-13 provider organization, health maintenance 20-14 organization, or similar organization; or 20-15 (II) Established under the authority of or 20-16 receiving funds pursuant to 42 U.S.C. Section 254b 20-17 or 254c of the United States Public Health Service 20-18 Act, 20-19 which organization provides that those medical 20-20 services and dangerous drugs which are ordered or 20-21 dispensed by its physician's assistants and nurses 20-22 will be provided at no cost to the patient or at a 20-23 cost based solely upon the patient's ability to pay; 20-24 and 20-25 (B) In conformity with subsection (b.1) of Code 20-26 Section 26-4-4 and the rules and regulations 20-27 established pursuant thereto by the State Board of 20-28 Pharmacy. 20-29 (3) In addition, a physician licensed to practice 20-30 medicine in Georgia may delegate to a nurse or 20-31 physician's assistant the authority to order dangerous 20-32 drugs, medical treatments, or diagnostic studies and a 20-33 nurse or physician's assistant is authorized to dispense 20-34 dangerous drugs, in accordance with a dispensing 20-35 procedure and under the authority of an order issued in 20-36 conformity with a nurse protocol or job description, if 20-37 that nurse or physician's assistant orders or dispenses 20-38 such drugs, treatments, or studies to a patient of an 20-39 outpatient clinic: 20-40 (A) Which is owned or operated by a licensed hospital; -20- (Index) LC 9 8216 21- 1 (B) Which provides such drugs, treatments, or studies 21- 2 free or at a charge to the patient based solely upon 21- 3 the patient's ability to pay; provided, however, such 21- 4 charge shall not exceed the actual cost to the 21- 5 outpatient clinic; and 21- 6 (C) Whose services are primarily provided to the 21- 7 medically disadvantaged 21- 8 and that nurse or physician's assistant orders or 21- 9 dispenses such drugs in conformity with subsection (b.1) 21-10 of Code Section 26-4-4 and the rules and regulations 21-11 established pursuant thereto by the State Board of 21-12 Pharmacy. 21-13 (4) Delegation of authority to a physician's assistant 21-14 pursuant to this subsection shall be authorized only if 21-15 that delegation is contained in the job description 21-16 approved for that physician's assistant by the Composite 21-17 State Board of Medical Examiners Georgia Medical Board. 21-18 (5) Delegation of authority to a nurse pursuant to this 21-19 subsection shall be authorized only if that delegation 21-20 is contained in a nurse protocol for that nurse. 21-21 (c) The Composite State Board of Medical Examiners Georgia 21-22 Medical Board shall be empowered to promulgate rules and 21-23 regulations governing physicians licensed to practice 21-24 medicine in Georgia and physician's assistants to carry 21-25 out the intents and purposes of this Code section, 21-26 including establishing criteria and standards governing 21-27 physicians licensed to practice medicine in Georgia, 21-28 physician's assistants, job descriptions, and nurse 21-29 protocols. The board shall be authorized to require that 21-30 protocols not falling within such established criteria and 21-31 standards be submitted to the board for review and 21-32 approval or rejection. 21-33 (d) Notwithstanding any other provision of law to the 21-34 contrary, a physician's assistant or nurse may perform any 21-35 act authorized to be performed by that person pursuant to 21-36 and in conformity with this Code section without such act 21-37 constituting the practice of medicine. 21-38 (e) Nothing in this Code section shall be construed to 21-39 limit or repeal this article and Articles 4 and 6 of this 21-40 chapter, relating to physicians licensed to practice 21-41 medicine in Georgia, osteopaths, osteopathic physicians, 21-42 physician's assistants, and respiratory therapists, or -21- (Index) LC 9 8216 22- 1 Article 1 of Chapter 26 of this title, relating to 22- 2 registered nurses. 22- 3 (f) Nothing in this Code section shall be construed to 22- 4 limit or repeal any existing authority of a licensed 22- 5 physician licensed to practice medicine in Georgia to 22- 6 delegate to a qualified person any acts, duties, or 22- 7 functions which are otherwise permitted by law or 22- 8 established by custom. 22- 9 (g) Nothing in this Code section shall be construed to 22-10 authorize or permit the issuance of a Drug Enforcement 22-11 Administration license to a nurse or physician's 22-12 assistant. 22-13 (h) Nothing in this Code section shall be construed to 22-14 limit or repeal the authority of any organization 22-15 described in division (i) or (ii) of subparagraph 22-16 (b)(2)(A) of this Code section or any organization 22-17 established under the authority of or receiving funds 22-18 pursuant to 42 U.S.C. Section 254b or 254c of the United 22-19 States Public Health Service Act to supervise its agents 22-20 or employees or interfere with the employer and employee 22-21 relationship of any such agents or employees. 22-22 (i) Notwithstanding any other provision of law to the 22-23 contrary, a physician's assistant or nurse may perform any 22-24 act deemed necessary to provide treatment to a hospital or 22-25 nursing home patient in a life-threatening situation when 22-26 such act is authorized by standing procedures established 22-27 by the medical staff of the hospital or nursing home. 22-28 43-34-27. 22-29 Reserved. 22-30 43-34-28. 22-31 Any qualified applicant who is an alien, except for 22-32 graduates of accredited Canadian medical schools as 22-33 approved by the board, must have resided in the United 22-34 States for one year. All qualified applicants who are 22-35 aliens and who shall comply with all other requirements of 22-36 this chapter shall be eligible to stand the examination 22-37 provided for in this chapter and, upon his successful 22-38 completion thereof, shall be granted a license to practice 22-39 medicine upon compliance with all other requirements 22-40 prescribed as a prerequisite to the issuance of a license. 22-41 Graduates of accredited Canadian medical schools, as 22-42 approved by the board, are exempt from the residency -22- (Index) LC 9 8216 23- 1 requirement of one year in the United States and may be 23- 2 granted a license by endorsement of the Licentiate Medical 23- 3 Counsel of Canada (LMCC) examination without further 23- 4 examination if the board determines that the applicant 23- 5 substantially meets the qualifications required for 23- 6 licensure in this state. 23- 7 43-34-29 43-34-28. 23- 8 The board may grant a license without examination to 23- 9 licensees of boards of other states requiring equal or 23-10 higher qualifications, upon the same basis as such states 23-11 reciprocate with this state. , all upon the following 23-12 terms and conditions: 23-13 (1) If the date of the license from the board of such 23-14 other state is on or before January 1, 1967, no proof of 23-15 interning in an approved hospital need be submitted to 23-16 obtain a license from the board giving the applicant 23-17 absolute authority to practice medicine in this state; 23-18 (2) The applicant shall prove to the satisfaction of the 23-19 board that the applicant has graduated from a medical or 23-20 osteopathic college approved by the board on the date of 23-21 application, for the purposes of this chapter, provided 23-22 that the applicant shall not be granted a license by 23-23 reciprocity if the date of such applicant's graduation 23-24 from such medical or osteopathic college shall have 23-25 occurred prior to July 1, 1963, unless such medical or 23-26 osteopathic college was approved for the purposes of 23-27 this chapter by the Composite State Board of Medical 23-28 Examiners or the State Board of Osteopathic Examiners as 23-29 of the date of such graduation; 23-30 (3) If the date of the license from the board of such 23-31 other state is after April 18, 1967, the applicant shall 23-32 submit proof that he has had the same training as is 23-33 required for applicants for examination in paragraph (2) 23-34 of subsection (a) of Code Section 43-34-27, in which 23-35 event the board shall grant the applicant a license from 23-36 the board giving the applicant absolute authority to 23-37 practice medicine in this state, provided that if the 23-38 date of completion of such internship program occurred 23-39 prior to July 1, 1963, the board shall not grant such 23-40 license by reciprocity, except as allowed pursuant to 23-41 the final proviso of this paragraph, unless the 23-42 internship program was approved by the board as of the 23-43 date of completion of such internship program by the -23- (Index) LC 9 8216 24- 1 applicant; and provided, further, hat the board may, in 24- 2 its discretion, waive the requirements of this paragraph 24- 3 after determining that an applicant licensed to practice 24- 4 medicine in another state which does not require an 24- 5 internship or residency has been actively engaged in the 24- 6 practice of medicine in such other state for at least 24- 7 two years. 24- 8 43-34-29. 24- 9 Upon completion of 12 months of postgraduate training 24-10 approved by the board, an applicant who meets all the 24-11 requirements for licensure set forth in Code Section 24-12 43-34-25, except for completion of the postgraduate 24-13 training requirement set forth in subsection (b) of Code 24-14 Section 43-34-25, may apply for a training permit. A 24-15 training permit will allow the holder to practice medicine 24-16 under the supervision of a licensed physician approved by 24-17 the board so long as the holder remains in a postgraduate 24-18 training program approved by the board. A training permit 24-19 shall be valid for one year and may be renewed only one 24-20 time. Any person issued a training permit shall comply 24-21 with all laws and rules of the board and any other laws or 24-22 rules governing the practice of medicine. Any person 24-23 issued a training permit shall be subject to the 24-24 disciplinary provisions set forth in Code Section 24-25 43-34-37. 24-26 43-34-29.1 43-34-30. 24-27 Notwithstanding any other law to the contrary, the board 24-28 may issue, in its discretion, without examination, a 24-29 teacher's license to licensed physicians of other states 24-30 and foreign countries for the sole purpose of teaching or 24-31 demonstrating medicine in a board approved medical college 24-32 or its affiliated clinic in this state. A teacher's 24-33 license shall be valid for up to two years and may be 24-34 renewed, at the board's discretion, for only one 24-35 additional two-year period. 24-36 43-34-30. 24-37 The board may grant a license without examination to an 24-38 alien licensee of a board of another state which requires 24-39 equal or higher qualifications for licenses, upon the same 24-40 basis as such state reciprocates with this state, if such 24-41 an applicant for a license has resided within the United 24-42 States for at least one year. -24- (Index) LC 9 8216 25- 1 43-34-31. (Index) 25- 2 Licensed physicians of other states and foreign countries 25- 3 may be permitted to enter this state for consultation with 25- 4 any licensed physician of this state. A physician from 25- 5 another state or from a foreign country shall not be 25- 6 permitted to establish offices in this state for the 25- 7 practice of his or her profession, either temporary or 25- 8 permanent, or practice under another physician's license, 25- 9 unless he or she obtains a license from the board. A 25-10 license may be issued to a physician of another state or a 25-11 foreign country by comity or reciprocity if the standards 25-12 for medical licensure of such a state or foreign country 25-13 equal those of this state, and after such state or foreign 25-14 country agrees to license physicians of this state on a 25-15 like basis, provided such agreements are not in conflict 25-16 with this article. 25-17 43-34-32. (Index) 25-18 (a) The joint-secretary, with the approval of the 25-19 president of the board, may in his discretion issue a 25-20 temporary license to an applicant, which license shall 25-21 have the same force and effect as a permanent license 25-22 until the next regular meeting of the board when the 25-23 temporary license shall become void. A temporary license 25-24 shall not be recorded. A temporary license shall remain 25-25 valid until the board issues a permanent license or 25-26 revokes the temporary license; provided, however, the 25-27 revocation of a temporary license shall not be a contested 25-28 case within the meaning of Chapter 13 of Title 50, and 25-29 notice and hearing within the meaning of that chapter 25-30 shall not be required. 25-31 (b) Any applicant for licensure or certification under 25-32 this chapter must submit a complete application and the 25-33 appropriate fee. An application shall not be deemed 25-34 complete until the completed application and all 25-35 supporting documentation have been received by the board. 25-36 All applications shall be continuing applications and all 25-37 applicants are required to notify the board within 30 days 25-38 of any changes to the information contained in the 25-39 application, including, but not limited to, change of 25-40 address or change in the status of any license, hospital, 25-41 or other professional privileges conferred on the 25-42 applicant by any licensing or other authority. -25- (Index) LC 9 8216 26- 1 43-34-33. (Index) 26- 2 (a) Notwithstanding any other law to the contrary, any 26- 3 person who has resided in the United States for one year, 26- 4 who is a graduate of a school accredited and approved as 26- 5 provided in Code Section 43-34-27, and who is employed by 26- 6 this state in any state operated institution, or who is 26- 7 employed by any state medical college approved by the 26- 8 board may upon the request of the superintendent of such 26- 9 state institution or the dean of such medical college 26-10 employing the physician be granted an institutional 26-11 license authorizing such physician to practice medicine, 26-12 under proper medical supervision in accordance with this 26-13 Code section, in the state institution or medical college 26-14 employing the licensee. The institutional license may be 26-15 renewable biennially, so long as the licensee remains in 26-16 the employ of the state institution or medical college 26-17 requesting the license, provided that such institutional 26-18 license shall not be prima-facie evidence that the holder 26-19 thereof meets the minimum basic requirements for 26-20 examination by the board or for the issuance of a 26-21 permanent license to practice medicine. No institutional 26-22 license may be granted to any person who previously had 26-23 not been granted such a license. Any person first granted 26-24 an institutional license before July 1, 1980, may continue 26-25 to renew that license biennially as long as the licensee 26-26 remains in the employ of the same state institution or 26-27 medical college. 26-28 (b) Any residency requirement may be waived at the 26-29 discretion of the board if a job description is submitted 26-30 to the board indicating that the applicant's duties in one 26-31 of the medical colleges in this state are strictly of a 26-32 teaching nature as opposed to direct patient care. 26-33 (c)(b) A person issued an institutional license pursuant 26-34 to this Code section shall not engage in the private 26-35 practice of medicine and shall not receive fees or any 26-36 other remuneration from his the person's patients. Persons 26-37 practicing medicine pursuant to an institutional license 26-38 issued in accordance with this Code section shall receive 26-39 as their sole remuneration for the practice of medicine 26-40 the salary and other remuneration paid by the a state 26-41 operated institution or medical college. The license of 26-42 any person who violates this Code section shall be subject 26-43 to revocation by the board after notice and opportunity 26-44 for hearing. -26- (Index) LC 9 8216 27- 1 (d) Any physician applying for an institutional license 27- 2 who meets all other requirements of the board must also 27- 3 furnish documentation of one year of American Medical 27- 4 Association or American Osteopathic Association approved 27- 5 postgraduate training (internship or residency), or other 27- 6 training acceptable to the board. Any postgraduate 27- 7 training requirement may be waived for those physicians 27- 8 whose duties are strictly of a teaching nature in one of 27- 9 the medical colleges in this state. 27-10 (e)(c) Institutional license holders shall not be 27-11 permitted to apply for a Drug Enforcement Agency 27-12 registration number to write prescriptions to be filled 27-13 outside the institution. 27-14 (f) On and after July 1, 1983, no institutional license 27-15 may be granted to any person who previously had not been 27-16 granted such a license. Any person first granted an 27-17 institutional license before July 1, 1980, who holds an 27-18 institutional license on July 1, 1983, may continue to 27-19 renew that license biennially under the conditions 27-20 otherwise specified in this Code section. Any person first 27-21 granted an institutional license on or after July 1, 1980, 27-22 who holds an institutional license on July 1, 1983, may 27-23 continue to renew that license biennially under the 27-24 conditions otherwise specified in this Code section, but 27-25 these licenses shall expire July 1, 1985, and may not 27-26 thereafter be renewed. 27-27 43-34-34. (Index) 27-28 No provisional license may be granted to any person who 27-29 previously had not been granted such a license. Any 27-30 person first granted a provisional license before April 27-31 16, 1979, may continue to renew that license annually as 27-32 long as the licensee continues to practice in the same 27-33 geographic location. (a) The board, in its discretion, 27-34 may issue a provisional license to an applicant who 27-35 demonstrates to the board that he possesses all the 27-36 qualifications and meets all requirements necessary to 27-37 become a licensed practitioner in this state except for 27-38 having passed any required examination. In such a case, 27-39 the board may waive the examination requirement and grant 27-40 a provisional license which shall be valid only so long as 27-41 the applicant shall practice in the geographic locality 27-42 specified upon such license. A practitioner so licensed 27-43 shall annually renew his license and in doing so shall 27-44 furnish such proof as the board may require to indicate -27- (Index) LC 9 8216 28- 1 that he has practiced in the geographic location specified 28- 2 upon such license, provided that any such provisional 28- 3 license shall expire 12 months after its issue and may be 28- 4 renewed for only one additional 12 month period following 28- 5 such expiration; provided, further, that a provisional 28- 6 license issued to a person serving on April 16, 1979, as a 28- 7 district health director or as a director of a county 28- 8 board of health shall be renewable annually without such 28- 9 one-time-only renewal limitation, as long as such person 28-10 continues to meet the other requirements specified in this 28-11 Code section and continues to serve in such position. The 28-12 board shall not issue any such provisional license unless 28-13 it determines, in its discretion, that there is an 28-14 unfulfilled need for such medical services in the locality 28-15 specified. 28-16 (b) Notwithstanding subsection (a) of this Code section, a 28-17 provisional license issued to a person who held a valid 28-18 provisional license on or before April 16, 1979, shall be 28-19 renewable annually without any one-time-only renewal 28-20 limitation, as long as such person continues to meet the 28-21 other requirements specified in this Code section. 28-22 (c) If a license applicant fails, for the third or any 28-23 subsequent time, any examination which is required to be 28-24 passed in order to become a licensed practitioner in this 28-25 state, the applicant shall not be eligible to retake any 28-26 such examination until such applicant furnishes proof of 28-27 having completed one year of appropriate education and 28-28 training as approved by the board. 28-29 (d) The board shall have the power to promulgate such 28-30 rules and regulations as may be necessary to implement the 28-31 intent of this Code section. 28-32 43-34-35. 28-33 (a) Physicians licensed to practice medicine in accordance 28-34 with and under this article or other persons under direct 28-35 supervision of a physician shall be the only persons 28-36 authorized to administer or perform artificial 28-37 insemination upon any female human being. Any other 28-38 person or persons who shall attempt to administer or 28-39 perform or who shall actually administer or perform 28-40 artificial insemination upon any female human being shall 28-41 be guilty of a felony and, upon conviction thereof, shall 28-42 be punished by imprisonment for not less than one year nor 28-43 more than five years. -28- (Index) LC 9 8216 29- 1 (b) Any physician who obtains written authorization signed 29- 2 by both the husband and the wife authorizing the physician 29- 3 to perform or administer artificial insemination shall be 29- 4 relieved of civil liability to the husband and wife or to 29- 5 any child conceived by artificial insemination for the 29- 6 result or results of said artificial insemination, 29- 7 provided that the written authorization provided for in 29- 8 this Code section shall not relieve any physician from any 29- 9 civil liability arising from the physician's own negligent 29-10 administration or performance of artificial insemination. 29-11 43-34-35. 29-12 (a) The board shall issue licenses to practice medicine to 29-13 all persons who shall furnish satisfactory evidence of 29-14 attainments and qualifications under this chapter and the 29-15 rules and regulations of the board. Such license shall 29-16 give absolute authority to the person to whom it is issued 29-17 to practice medicine in this state. 29-18 (b) It shall be the duty of the joint-secretary, under the 29-19 direction of the board, to aid in the enforcement of this 29-20 chapter and in the prosecution of all persons charged with 29-21 violations of its provisions. 29-22 (c) Every person holding a license issued by the board 29-23 under this article shall display it in a conspicuous place 29-24 in the licensee's principal place of practice. 29-25 43-34-36. (Index) 29-26 Before any person who obtains a license from the board may 29-27 lawfully practice medicine, he shall cause the license to 29-28 be recorded in the office of the clerk of the superior 29-29 court of the county in which he resides. The license shall 29-30 be recorded by the clerk in a book kept for that purpose 29-31 and shall be indexed in the name of the person to whom the 29-32 license is granted. The clerk's fee for recording the 29-33 license shall be the same as for recording a deed. The 29-34 clerk shall make a report to the joint-secretary, on 29-35 December 31 of each year, of all licenses registered with 29-36 him. Each applicant receiving a license from the board 29-37 shall cause the same to be registered within 30 days. 29-38 (a) The board shall be authorized to require persons 29-39 seeking renewal of a license or certificate under this 29-40 chapter to complete board approved continuing education of 29-41 not less than 40 hours biennially. The board shall be 29-42 authorized to approve courses offered by institutions of 29-43 higher learning, specialty societies, or professional -29- (Index) LC 9 8216 30- 1 organizations, including, but not limited to, the American 30- 2 Medical Association, the National Medical Association, and 30- 3 the American Osteopathic Association, the number of hours 30- 4 required, and the category in which these hours should be 30- 5 earned. 30- 6 (b) The board shall be authorized to waive the continuing 30- 7 education requirement in cases of hardship, disability, 30- 8 illness, or in cases where physicians or physicians' 30- 9 assistants are serving in fellowships, new specialty 30-10 residencies, postgraduate specialty programs, the United 30-11 States Congress, or under such other circumstances as the 30-12 board deems appropriate. 30-13 (c) The board shall be authorized to promulgate rules and 30-14 regulations to implement and ensure compliance with the 30-15 requirements of this Code section. 30-16 43-34-37. (Index) 30-17 (a) The board shall have authority to refuse to grant a 30-18 license to an applicant or to discipline a physician 30-19 licensed under this chapter or any antecedent law upon a 30-20 finding by the board that the licensee or applicant has: 30-21 (1) Failed to demonstrate the qualifications or 30-22 standards for a license contained in this chapter or in 30-23 the rules and regulations of the board. It shall be 30-24 incumbent upon the applicant to demonstrate to the 30-25 satisfaction of the board that he the applicant meets 30-26 all requirements for the issuance of a license; and, if 30-27 the board is not satisfied as to the applicant's 30-28 qualifications, it shall not issue a license; 30-29 (2) Knowingly made misleading, deceptive, untrue, or 30-30 fraudulent representations in the practice of medicine 30-31 or in any document connected therewith, or practiced 30-32 fraud or deceit or intentionally made any false 30-33 statement in obtaining a license to practice medicine, 30-34 or made a false or deceptive biennial registration with 30-35 the board; 30-36 (3) Been convicted of a felony in the courts of this 30-37 state or any other state, territory, country, or of the 30-38 United States. As used in this paragraph, the term 30-39 'conviction of a felony' shall include a conviction of 30-40 an offense which if committed in this state would be 30-41 deemed a felony under either state or federal law, 30-42 without regard to its designation elsewhere. As used in -30- (Index) LC 9 8216 31- 1 this paragraph, the term 'conviction' shall include a 31- 2 finding or verdict of guilt, a plea of guilty, or a plea 31- 3 of nolo contendere in a criminal proceeding, regardless 31- 4 of whether the adjudication of guilt or sentence is 31- 5 withheld or not entered thereon; 31- 6 (4) Committed a crime involving moral turpitude, without 31- 7 regard to conviction; the conviction of a crime 31- 8 involving moral turpitude shall be evidence of the 31- 9 commission of such crime. As used in this paragraph, the 31-10 term 'conviction' shall have the meaning prescribed in 31-11 paragraph (3) of this subsection. For the purpose of 31-12 this chapter, a conviction or plea of guilty or of nolo 31-13 contendere to a charge or indictment by either federal 31-14 or state government for income tax evasion shall not be 31-15 considered a crime involving moral turpitude; 31-16 (5) Had his or her license to practice medicine revoked, 31-17 suspended, or annulled by any lawful licensing 31-18 authority, including any branch of the armed forces of 31-19 the United States; or had other disciplinary action 31-20 taken against him or her by any lawful licensing 31-21 authority; or was denied a license by any lawful 31-22 licensing authority; 31-23 (6) Advertised for or solicited patients; obtained 31-24 Obtained a fee or other thing of value on the 31-25 representation that a manifestly incurable disease can 31-26 be permanently cured; or made untruthful or improbable 31-27 statements, or flamboyant or extravagant claims 31-28 concerning his or her professional excellence; 31-29 (7) Engaged in any unprofessional, unethical, deceptive, 31-30 or deleterious conduct or practice harmful to the 31-31 public, which conduct or practice need not have resulted 31-32 in actual injury to any person. As used in this 31-33 paragraph, the term 'unprofessional conduct' shall 31-34 include any departure from, or failure to conform to, 31-35 the minimal standards of acceptable and prevailing 31-36 medical practice and shall also include, but not be 31-37 limited to, sexual misconduct or the prescribing or use 31-38 of drugs, treatment, or diagnostic procedures which are 31-39 detrimental to the patient as determined by the minimal 31-40 standards of acceptable and prevailing medical practice 31-41 or by rule of the board; 31-42 (8) Performed, procured, or aided or abetted in 31-43 performing or procuring a criminal abortion; -31- (Index) LC 9 8216 32- 1 (9) Knowingly maintained a professional connection or 32- 2 association with any person who is in violation of this 32- 3 chapter or the rules or regulations of the board; or 32- 4 knowingly aided, assisted, procured, or advised any 32- 5 person to practice medicine contrary to this chapter or 32- 6 to the rules and regulations of the board; or knowingly 32- 7 performed any act which in any way aids, assists, 32- 8 procures, advises, or encourages aided, assisted, 32- 9 procured, advised, or encouraged any unlicensed person 32-10 or entity to practice medicine; or divided fees or 32-11 agreed to divide fees received for professional services 32-12 with any person, firm, association, corporation, or 32-13 other entity for bringing or referring a patient; 32-14 (10) Charged or collected a clearly excessive fee. In 32-15 determining the excessiveness of a fee, the fee 32-16 customarily charged in the locality for similar services 32-17 shall be considered in light of modifying factors, 32-18 including but not limited to, the time required, the 32-19 complexity of the service, and the skill requisite to 32-20 perform the service properly. This paragraph does not 32-21 apply if there is a clear written contract for a fixed 32-22 fee between the physician and the patient which has been 32-23 entered into prior to the provision of service; 32-24 (10)(11) Violated or attempted to violate a law, rule, 32-25 or regulation of this state, any other state, the board, 32-26 the United States, or any other lawful authority without 32-27 regard to whether the violation is criminally 32-28 punishable, which law, rule, or regulation relates to or 32-29 in part regulates the practice of medicine, when the 32-30 licensee or applicant knows or should know that such 32-31 action is violative of such law, rule, or regulation; or 32-32 violated a lawful order of the board, previously entered 32-33 by the board in a disciplinary hearing; 32-34 (11)(12) Committed any act or omission which is 32-35 indicative of bad moral character or untrustworthiness 32-36 lack of trustworthiness; 32-37 (12)(13) Been adjudged mentally incompetent by a court 32-38 of competent jurisdiction, within or outside this state. 32-39 Any such adjudication shall automatically suspend the 32-40 license of any such person and shall prevent the 32-41 reissuance or renewal of any license so suspended for as 32-42 long as the adjudication of incompetence is in effect 32-43 unless the board, upon a finding that the licensee is 32-44 mentally competent, orders otherwise. Any applicant who -32- (Index) LC 9 8216 33- 1 has been so adjudged to be mentally incompetent shall 33- 2 not receive a license unless the board, upon a finding 33- 3 that the applicant is mentally competent, orders 33- 4 otherwise; or 33- 5 (13) Become unable to practice medicine with reasonable 33- 6 skill and safety to patients by reason of illness or use 33- 7 of alcohol, drugs, narcotics, chemicals, or any other 33- 8 type of material, or as a result of any mental or 33- 9 physical condition. 33-10 (14) Displayed an inability to practice medicine with 33-11 reasonable skill and safety to patients. The board 33-12 shall be authorized to discipline a licensee or refuse 33-13 to grant a license to an applicant who displays such an 33-14 inability for any reason, including but not limited to: 33-15 inability caused by lack of care, skill, or training; 33-16 inability resulting from illness; inability by reason of 33-17 use of alcohol, drugs, narcotics, chemicals, or any 33-18 other type of material; or inability resulting from any 33-19 mental or physical condition. 33-20 (A) In enforcing this paragraph the board may, upon 33-21 reasonable grounds, require a licensee or applicant to 33-22 submit to a mental or physical examination by 33-23 physicians licensed to practice medicine in Georgia 33-24 designated by the board. The expense of the 33-25 examination shall be borne by the licensee or 33-26 applicant. The results of such examination shall be 33-27 admissible in any hearing or informal proceeding 33-28 before the board, notwithstanding any claim of 33-29 privilege under a contrary rule of law or statute, 33-30 including, but not limited to, Code Section 24-9-21. 33-31 Every person who shall accept the privilege of 33-32 practicing medicine in this state or who shall file an 33-33 application for a license to practice medicine in this 33-34 state shall be deemed to have given his or her consent 33-35 to submit to such mental or physical examination and 33-36 to have waived all objections to the admissibility of 33-37 the results in any hearing or informal proceeding 33-38 before the board, upon the grounds that the same 33-39 constitutes a privileged communication. If a licensee 33-40 or applicant fails to submit to such an examination 33-41 when properly directed to do so by the board, unless 33-42 such failure was due to circumstances beyond his or 33-43 her control, the board may enter a final order upon 33-44 proper notice, hearing, and proof of such refusal. -33- (Index) LC 9 8216 34- 1 Any licensee or applicant who is prohibited from 34- 2 practicing medicine under this paragraph shall at 34- 3 reasonable intervals be afforded an opportunity to 34- 4 demonstrate to the board that he or she can resume or 34- 5 begin the practice of medicine with reasonable skill 34- 6 and safety to patients. 34- 7 (B) For the purposes of this paragraph, the board may, 34- 8 upon reasonable grounds, obtain any and all records 34- 9 relating to the mental or physical condition of a 34-10 licensee or applicant, including psychiatric records; 34-11 and such records shall be admissible in any hearing or 34-12 informal proceeding before the board, notwithstanding 34-13 any privilege under a contrary rule of law or statute, 34-14 including, but not limited to, Code Section 24-9-21. 34-15 Every person who shall accept the privilege of 34-16 practicing medicine in this state or who shall file an 34-17 application to practice medicine in this state shall 34-18 be deemed to have given his or her consent to the 34-19 board's obtaining any such records and to have waived 34-20 all objections to the admissibility of such records in 34-21 any hearing or informal proceeding before the board, 34-22 upon the grounds that the same constitute a privileged 34-23 communication. 34-24 (C) If any licensee or applicant could, in the absence 34-25 of this paragraph, invoke a privilege to prevent the 34-26 disclosure of the results of the examination provided 34-27 for in subparagraph (A) of this paragraph or the 34-28 records obtained pursuant to subparagraph (B) of this 34-29 paragraph relating to the mental or physical condition 34-30 of such licensee or applicant, all such information 34-31 shall be received by the board in camera and shall not 34-32 be disclosed to the public, nor shall any part of the 34-33 record containing such information be used against any 34-34 licensee or applicant in any other type of proceeding. 34-35 (b)(1) When the board finds that any person is 34-36 unqualified to be granted a license or finds that any 34-37 person should be disciplined pursuant to subsection (a) 34-38 of this Code section, the board may take any one or more 34-39 of the following actions: 34-40 (A) Refuse to grant a license to an applicant; 34-41 (B) Issue a letter of concern, provided that a letter 34-42 of concern shall not be considered a disciplinary -34- (Index) LC 9 8216 35- 1 action and shall not be disclosed to any person except 35- 2 the licensee or applicant; 35- 3 (C)(B) Administer a public or private reprimand, 35- 4 provided that a private reprimand shall not be 35- 5 disclosed to any person except the licensee or 35- 6 applicant; 35- 7 (D)(C) Suspend any license for a definite period; 35- 8 (E)(D) Limit or restrict any license; 35- 9 (F)(E) Revoke any license; or 35-10 (G) Impose a fine not to exceed $1,000.00 for each 35-11 violation of a law, rule, or regulation relating to 35-12 the licensee or applicant; 35-13 (H) Impose a fee of a reasonable amount to reimburse 35-14 the board for the administrative costs to the board of 35-15 the investigative and disciplinary proceedings; 35-16 (I) Require the licensee or applicant to pay 35-17 reasonable restitution to another party; or 35-18 (J)(F) Condition the penalty, or withhold formal 35-19 disposition, upon the physician's submission to the 35-20 care, counseling, or treatment of physicians or other 35-21 professional persons, and the completion of such care, 35-22 counseling, or treatment, as directed by the board. 35-23 (2) In addition to and in conjunction with the actions 35-24 enumerated pursuant to paragraph (1) of this subsection, 35-25 the board may make a finding adverse to the licensee or 35-26 applicant but withhold imposition of judgment and 35-27 penalty; or it may impose the judgment and penalty but 35-28 suspend enforcement thereof and place the physician on 35-29 probation, which probation may be vacated upon 35-30 noncompliance with such reasonable terms as the board 35-31 may impose. 35-32 (c) In its discretion, the board may restore and reissue a 35-33 license to practice medicine issued under this chapter or 35-34 any antecedent law and, as a condition thereof, may impose 35-35 any disciplinary or corrective measure provided in this 35-36 chapter. 35-37 (d) The joint-secretary is board and executive director 35-38 are vested with the power and authority to make, or cause 35-39 to be made through employees or agents of the board, such 35-40 investigations as he the executive director, or the board, -35- (Index) LC 9 8216 36- 1 or any district attorney may deem necessary or advisable 36- 2 in the enforcement of this chapter. Any person properly 36- 3 conducting an investigation on behalf of the board shall 36- 4 have access to and may examine any writing, document, or 36- 5 other material, except that as to which privilege has not 36- 6 been denied or deemed waived by this chapter, and which is 36- 7 deemed by the president of the board, or vice-president 36- 8 vice president if the president is not available, to be 36- 9 related to the fitness of any licensee or applicant to 36-10 practice medicine. The joint-secretary executive director 36-11 or the president of the board, or vice-president vice 36-12 president if the president is not available, may issue 36-13 subpoenas to compel such access. When a subpoena is 36-14 disobeyed, the board may apply to the superior court of 36-15 the county where the person to whom the subpoena is issued 36-16 resides for an order requiring obedience. Failure to 36-17 comply with such order shall be punishable as for contempt 36-18 of court. The results of any investigations whatsoever 36-19 shall be reported only to the board, and the records of 36-20 such investigations shall be kept by the board; no part of 36-21 any such record records shall be released for any purpose 36-22 other than a hearing or informal proceeding before the 36-23 board; nor shall such records be subject to subpoena or 36-24 public disclosure at any time except as provided in 36-25 paragraph (2) of subsection (h) of Code Section 43-1-19, 36-26 Code Section 43-1-21, or subsection (d) of Code Section 36-27 50-13-18. 36-28 (e) In any hearing or informal proceeding to determine a 36-29 licensee's or applicant's fitness to practice medicine, 36-30 any record relating to any patient of the licensee or 36-31 applicant shall be admissible into evidence, regardless of 36-32 any statutory privilege which such patient might otherwise 36-33 be able to invoke. In addition, no such patient may 36-34 withhold testimony bearing upon a licensee's or 36-35 applicant's fitness to practice medicine on the ground of 36-36 privilege between such licensee or applicant and such 36-37 patient. Any testimony or written evidence relating to a 36-38 patient of a licensee or applicant or to the record of any 36-39 such patient shall be received by the board in camera and 36-40 shall not be disclosed to the public. 36-41 (f) In any hearing or informal proceeding in which the 36-42 fitness of a licensee or applicant to practice medicine is 36-43 in question, the board may exclude all persons from its 36-44 deliberation of the appropriate action to be taken and -36- (Index) LC 9 8216 37- 1 may, when in its discretion it deems it necessary, speak 37- 2 to a licensee or applicant in private. 37- 3 (g) This Code section is enacted in the public welfare and 37- 4 shall be liberally construed. 37- 5 (g)(h) A person, partnership, firm, corporation, 37- 6 association, authority, or other entity shall be immune 37- 7 from civil and criminal liability for reporting or 37- 8 investigating the acts or omissions of a licensee or 37- 9 applicant which violate the provisions of subsection (a) 37-10 of this Code section or any other provisions of law 37-11 relating to a licensee's or applicant's fitness to 37-12 practice medicine or for initiating or conducting 37-13 proceedings against such licensee or applicant, if such 37-14 report is made or action is taken in good faith without 37-15 fraud or malice. Any person who testifies in good faith 37-16 without fraud or malice before the board in any proceeding 37-17 involving a violation of subsection (a) of this Code 37-18 section or any other law relating to a licensee's or 37-19 applicant's fitness to practice medicine, or who makes a 37-20 recommendation to the board in the nature of peer review, 37-21 shall be immune from civil and criminal liability for so 37-22 testifying. 37-23 (h)(i) The board shall investigate a licensee's fitness to 37-24 practice medicine if the board has received regarding that 37-25 licensee a notification, pursuant to Code Section 33-3-27, 37-26 of a medical malpractice judgment or settlement in excess 37-27 of $100,000.00 or a notification pursuant to Code Section 37-28 33-3-27 that there have been two or more previous 37-29 judgments against or settlements with the licensee 37-30 relating to the practice of medicine. Every licensee 37-31 shall notify the board of any settlement involving the 37-32 licensee and relating to the practice of medicine in 37-33 excess of $20,000.00. 37-34 (i) This Code section is enacted in the public welfare and 37-35 shall be liberally construed. 37-36 43-34-38. (Index) 37-37 Proceedings before the board wherein a licensee's right to 37-38 practice medicine in this state is terminated, suspended, 37-39 or limited or wherein a public reprimand is administered 37-40 shall require prior notice to the licensee and an 37-41 opportunity for hearing; and such proceedings shall be 37-42 considered contested cases within the meaning of Chapter 37-43 13 of Title 50, the 'Georgia Administrative Procedure -37- (Index) LC 9 8216 38- 1 Act.' Neither refusal of a license nor a private 38- 2 reprimand nor a letter of concern shall be considered a 38- 3 contested case within the meaning of Chapter 13 of Title 38- 4 50, and notice and hearing within the meaning of such that 38- 5 chapter shall not be required; provided, however, that an 38- 6 applicant shall be allowed to appear before the board 38- 7 prior to the board's making a final decision regarding 38- 8 denial of the application for licensure but the applicant 38- 9 physician shall be allowed to appear before the board if 38-10 he so requests. The power to subpoena as set forth in 38-11 Chapter 13 of Title 50 shall include the power to subpoena 38-12 any book, writing, paper, or document. If any licensee 38-13 fails to appear at any hearing after reasonable notice, 38-14 the board may proceed to hear the evidence against such 38-15 licensee and take action as if such licensee had been 38-16 present. 38-17 43-34-39. 38-18 In all cases wherein a license has been revoked and no 38-19 appeal has been entered within the time allowed by law, it 38-20 shall be the duty of the joint-secretary, immediately 38-21 after the expiration of the time allowed for appeal, to 38-22 transmit to the clerk of the superior court in whose 38-23 office the revoked license is recorded a copy of the order 38-24 of the board revoking the license, certified by the 38-25 joint-secretary, with the appropriate fee; and it shall be 38-26 the duty of the clerk to cancel the record of the license 38-27 by entering upon the face thereof a copy of the certified 38-28 order. In a case in which appeal proceedings are had and 38-29 not sustained, the revoked license shall be canceled in 38-30 the manner above provided, immediately after the final 38-31 termination of such case. 38-32 43-34-40. 38-33 The board is authorized to pass upon the good standing and 38-34 reputation of any medical or osteopathic college. Only 38-35 such medical or osteopathic colleges will be considered in 38-36 good standing as possess a full and complete faculty for 38-37 the teaching of medicine, surgery, and obstetrics in all 38-38 their branches; afford their students adequate clinical 38-39 and hospital facilities; have adequate curricula as 38-40 determined by the board in its discretion; that fulfill 38-41 all their published promises, requirements, and other 38-42 claims respecting advantages to their students and the 38-43 course of instruction; that exact a preliminary 38-44 educational requirement equal to that specified by this -38- (Index) LC 9 8216 39- 1 chapter; that require students to furnish testimonials of 39- 2 good moral standing; and that give advanced standing only 39- 3 on cards from accredited medical or osteopathic colleges. 39- 4 In determining the reputation of the medical or 39- 5 osteopathic college, the right to investigate and make a 39- 6 personal inspection of the same is authorized. 39- 7 43-34-41. 39- 8 Each medical or osteopathic school or college in good 39- 9 standing with the board shall have a minimum preliminary 39-10 educational requirement of the completion of a two-year 39-11 premedical college course. 39-12 43-34-42. 39-13 (a) Physicians and surgeons licensed to practice medicine 39-14 in accordance with and under this article shall be the 39-15 only persons authorized to administer or perform 39-16 artificial insemination upon any female human being. Any 39-17 other person or persons who shall attempt to administer or 39-18 perform or who shall actually administer or perform 39-19 artificial insemination upon any female human being shall 39-20 be guilty of a felony and, upon conviction thereof, shall 39-21 be punished by imprisonment in the penitentiary for not 39-22 less than one year nor more than five years. 39-23 (b) Any physician or surgeon who obtains written 39-24 authorization signed by both the husband and the wife 39-25 authorizing him to perform or administer artificial 39-26 insemination shall be relieved of civil liability to the 39-27 husband and wife or to any child conceived by artificial 39-28 insemination for the result or results of said artificial 39-29 insemination, provided that the written authorization 39-30 provided for in this Code section shall not relieve any 39-31 physician or surgeon from any civil liability arising from 39-32 his own negligent administration or performance of 39-33 artificial insemination. 39-34 43-34-43 43-34-39. 39-35 In addition to any other remedy or criminal prosecution, 39-36 whenever it shall appear to the board that any person, 39-37 firm, company, partnership, association, or corporation or 39-38 the agent, employee, officer, or director of such firm, 39-39 company, partnership, association, or corporation is or 39-40 has been violating any of the provisions of this chapter 39-41 or any of the laws of the state relating to the practice 39-42 of medicine, the board may, on its own motion or on the -39- (Index) LC 9 8216 40- 1 verified complaint in writing of any person, file a 40- 2 complaint in its own name in the superior court having 40- 3 venue and jurisdiction over the parties, alleging the 40- 4 facts and praying for a temporary restraining order and an 40- 5 injunction and permanent injunction against such person, 40- 6 firm, company, partnership, association, or corporation, 40- 7 including any agent, employee, officer, or director of 40- 8 same, restraining him or her from violating such law. 40- 9 Upon proof thereof, the court shall issue such restraining 40-10 order, injunction, and permanent injunction without 40-11 requiring allegation or proof that the petitioner therefor 40-12 has no adequate remedy at law. No restraining order or 40-13 injunction, whether temporary, permanent, or otherwise, 40-14 shall be granted without a hearing after at least ten 40-15 days' notice. It is declared that such violation of this 40-16 chapter is a menace and a nuisance dangerous to the public 40-17 healthy, safety, and welfare. 40-18 43-34-44. 40-19 Any person who shall buy, sell, or fraudulently obtain any 40-20 diploma, license, record, or registration to practice 40-21 osteopathy, illegally obtained or signed, or issued 40-22 unlawfully or under fraudulent representation; or who 40-23 shall use any of the forms or letters, 'Osteopathy,' 40-24 'Osteopath,' 'Osteopathist,' 'Diplomate in Osteopathy,' 40-25 'D.O.' 'D.Sc.O.,' 'Osteopathic Physician,' 'Doctor of 40-26 Osteopathy,' or any other title or letters, either alone 40-27 or with other qualifying words or phrases, under such 40-28 circumstances as to induce the belief that the person who 40-29 uses such term or terms is engaged in the practice of 40-30 osteopathy, or anyone who shall hold himself out as 40-31 practicing any other nondrug-giving school of medical 40-32 practice, without having complied with this article, shall 40-33 be guilty of a misdemeanor. 40-34 43-34-45. 40-35 Any person who, by fraud or misrepresentation, shall 40-36 practice, pretend to practice, or use the science of 40-37 osteopathy or other nondrug-giving school of medical 40-38 practice in treating diseases of the human body shall be 40-39 guilty of a misdemeanor. 40-40 43-34-46 43-34-40. 40-41 (a) Any person who practices medicine without complying 40-42 with this article or who otherwise violates any provision 40-43 of this article shall be guilty of a felony and, upon -40- (Index) LC 9 8216 41- 1 conviction thereof, shall be punished by a fine of not 41- 2 less than $500.00 nor more than $1,000.00 or by 41- 3 imprisonment from two to five years, or both. 41- 4 (b) Any person presenting or attempting to file as his the 41- 5 person's own the diploma or certificate or credentials of 41- 6 another, or who shall give false or forged evidence of any 41- 7 kind to the board or any member thereof in connection with 41- 8 an application for a license to practice medicine, or who 41- 9 shall practice medicine under a false or assumed name, or 41-10 who shall falsely impersonate any other practitioner of a 41-11 like or different name shall be guilty of a felony and, 41-12 upon conviction thereof, shall be punished by a fine of 41-13 not less than $500.00 nor more than $1,000.00 or by 41-14 imprisonment from two to five years, or both." SECTION 3. 41-15 Said chapter is further amended by striking in its entirety 41-16 Code Section 43-34-102, relating to definitions used in the 41-17 "Physician's Assistant Act," and inserting in lieu thereof a 41-18 new Code Section 43-34-102 to read as follows: 41-19 "43-34-102. (Index) 41-20 As used in this article, the term: 41-21 (1) 'Board' means the Composite State Board of Medical 41-22 Examiners Georgia Medical Board as created by Code 41-23 Section 43-34-21 43-34-22. 41-24 (2) 'Evaluation agency' means a public or private 41-25 hospital, school, laboratory, clinic, federal or state 41-26 institution or agency, or similar facility which has 41-27 been approved by the board as possessing personnel and 41-28 equipment and as having had practice in a health care 41-29 field sufficient to be able to make an objective 41-30 appraisal, in a manner prescribed by the board, of the 41-31 proposed physician's assistant's qualifications to 41-32 perform the tasks described in the job description. 41-33 (3) 'Physician' means a person lawfully licensed in this 41-34 state to practice medicine and surgery pursuant to 41-35 Article 2 of this chapter. 41-36 (4) 'Physician's assistant' means a skilled person 41-37 qualified by academic and practical training to provide 41-38 patients' services not necessarily within the physical 41-39 presence but under the personal direction or supervision 41-40 of the applying physician." -41- (Index) LC 9 8216 SECTION 4. 42- 1 Said chapter is further amended by striking in its entirety 42- 2 Code Section 43-34-107, relating to termination of approval 42- 3 and revocation of certificate for physician's assistant, and 42- 4 inserting in lieu thereof a new Code Section 43-34-107 to 42- 5 read as follows: 42- 6 "43-34-107. (Index) 42- 7 (a) The approval of a physician's utilization of a 42- 8 physician's assistant may be terminated and the 42- 9 certificate revoked by the board when, after due notice 42-10 and a hearing, in accordance with this Code section, it 42-11 shall find that the assistant is incompetent or has 42-12 committed unethical or immoral acts, including, but not 42-13 limited to, holding himself or herself out or permitting 42-14 another to represent him or her as a licensed physician 42-15 licensed to practice medicine in Georgia; performing 42-16 otherwise than at the direction of a physician licensed to 42-17 practice medicine in Georgia approved by the board to 42-18 utilize the assistant's services; habitually using 42-19 intoxicants or drugs to such an extent that he or she is 42-20 unable safely to perform as an assistant to the physician; 42-21 or being convicted in any court, state or federal, of any 42-22 felony or other criminal offense involving moral 42-23 turpitude. 42-24 (b) Before the board shall give written notice to the 42-25 physician's assistant of termination of approval granted 42-26 by it to an assistant, it will give to the assistant a 42-27 timely and reasonable written notice indicating the 42-28 general nature of the charges, accusation, or complaint 42-29 preferred against him the assistant and stating that the 42-30 assistant will be given an opportunity to be heard 42-31 concerning such charges or complaints; and it shall hold a 42-32 public hearing within a reasonable time. Following such 42-33 hearing, the board shall determine, on the basis of its 42-34 regulations, whether the approval of the assistant shall 42-35 be terminated. 42-36 (c) In any case involving alleged inability of a 42-37 physician's assistant to practice with reasonable skill 42-38 and safety due to illness; use of alcohol, drugs, 42-39 narcotics, chemicals, or any other type of material; or 42-40 resulting from any mental or physical condition, the board 42-41 may, upon reasonable grounds, require a certificate holder 42-42 or applicant to submit to a mental or physical examination -42- (Index) LC 9 8216 43- 1 and release the results of such examination to the board, 43- 2 as provided in paragraph (14) of subsection (a) of Code 43- 3 Section 43-34-37. 43- 4 (c)(d) In hearings held pursuant to this Code section, the 43- 5 board shall apply the rules of evidence as prescribed in 43- 6 Chapter 13 of Title 50, the 'Georgia Administrative 43- 7 Procedure Act.'" SECTION 5. 43- 8 Said chapter is further amended by striking in its entirety 43- 9 Article 5, known as the "Controlled Substances Therapeutic 43-10 Research Act," and inserting in lieu thereof the following: "ARTICLE 5 RESERVED". SECTION 6. 43-11 Said chapter is further amended by striking in its entirety 43-12 paragraph (1) of Code Section 43-34-142, relating to 43-13 definitions used under the "Respiratory Care Practices Act," 43-14 and inserting in lieu thereof a new paragraph (1) to read as 43-15 follows: 43-16 "(1) 'Board' means the Composite State Board of Medical 43-17 Examiners Georgia Medical Board as created by Code 43-18 Section 43-34-21 43-34-22." SECTION 7. 43-19 Said chapter is further amended by adding at the end of Code 43-20 Section 43-34-148, relating to disciplinary actions against 43-21 respiratory care professionals and certain other health care 43-22 professionals, a new subsection (c) to read as follows: 43-23 "(c) In any case involving alleged inability of a 43-24 respiratory care professional, certified respiratory 43-25 therapy technician, or registered respiratory therapist to 43-26 practice with reasonable skill and safety due to illness; 43-27 use of alcohol, drugs, narcotics, chemicals, or any other 43-28 type of material; or resulting from any mental or physical 43-29 condition, the board may, upon reasonable grounds, require 43-30 a certificate holder or applicant to submit to a mental or 43-31 physical examination and release the results of such 43-32 examination to the board, as provided in paragraph (14) of 43-33 subsection (a) of Code Section 43-34-37." -43- (Index) LC 9 8216 SECTION 8. 44- 1 Code Section 31-11-2 of the Official Code of Georgia 44- 2 Annotated, relating to definitions applicable to emergency 44- 3 medical services, is amended by striking in their entirety 44- 4 paragraphs (5) through (10) and paragraph (16) and inserting 44- 5 in lieu thereof new paragraphs (5) through (10) and 44- 6 paragraph (16) to read as follows: 44- 7 "(5) 'Cardiac technician' means a person who, having 44- 8 been trained and certified as an emergency medical 44- 9 technician and having completed additional training in 44-10 advanced cardiac life support techniques in a training 44-11 course approved by the department, is so certified by 44-12 the Composite State Board of Medical Examiners Georgia 44-13 Medical Board. 44-14 (6) 'Composite board' means the Composite State Board of 44-15 Medical Examiners. 44-16 (7)(6) 'Emergency medical services system' means a 44-17 system which provides for the arrangement of personnel, 44-18 facilities, and equipment for the effective and 44-19 coordinated delivery in an appropriate geographical area 44-20 of health care services under emergency conditions, 44-21 occurring either as a result of the patient's condition 44-22 or as a result of natural disasters or similar 44-23 situations, and which is administered by a public or 44-24 nonprofit private entity which has the authority and the 44-25 resources to provide effective administration of the 44-26 system. 44-27 (8)(7) 'Emergency Medical Systems Communications 44-28 Program' (EMSC Program) means any program established 44-29 pursuant to Public Law 93-154, entitled the Emergency 44-30 Medical Services Systems Act of 1973, which serves as a 44-31 central communications system to coordinate the 44-32 personnel, facilities, and equipment of an emergency 44-33 medical services system and which: 44-34 (A) Utilizes emergency medical telephonic screening; 44-35 (B) Utilizes a publicized emergency telephone number; 44-36 and 44-37 (C) Has direct communication connections and 44-38 interconnections with the personnel, facilities, and 44-39 equipment of an emergency medical services system. -44- (Index) LC 9 8216 45- 1 (9)(8) 'Emergency medical technician' means a person who 45- 2 has been certified by the department after having 45- 3 successfully completed an emergency medical care 45- 4 training program approved by the department. 45- 5 (10)(9) 'First responder' means any person or agency who 45- 6 provides on-site care until the arrival of a duly 45- 7 licensed ambulance service. 45- 8 (10) 'Georgia Medical Board' means the Georgia Medical 45- 9 Board as created by Code Section 43-34-22." 45-10 "(16) 'Paramedic' means any person who has been 45-11 certified as an advanced emergency medical technician by 45-12 the composite board Georgia Medical Board before July 1, 45-13 1988, or any person who has been certified by that board 45-14 on or after July 1, 1988, as having been trained in 45-15 emergency care techniques in a paramedic training course 45-16 approved by the department, but all such persons shall 45-17 be designated on and after July 1, 1988, as paramedics." SECTION 9. 45-18 Code Section 31-11-57 of the Official Code of Georgia 45-19 Annotated, relating to revocation of certificates issued to 45-20 paramedics and cardiac technicians, is amended by striking 45-21 said Code section in its entirety and inserting in lieu 45-22 thereof a new Code Section 31-11-57 to read as follows: 45-23 "31-11-57. (Index) 45-24 (a) Certificates issued to paramedics and cardiac 45-25 technicians pursuant to this chapter may be revoked, or 45-26 restricted as provided in subsection (b) of Code Section 45-27 43-34-37, for good cause by the composite board Georgia 45-28 Medical Board in accordance with established rules and 45-29 regulations, after notice to the certificate holder of the 45-30 charges and an opportunity for hearing. Such proceedings 45-31 shall be conducted in accordance with Chapter 13 of Title 45-32 50, the 'Georgia Administrative Procedure Act.' The 45-33 composite board Georgia Medical Board shall have the 45-34 authority to conduct investigations and subpoena any 45-35 documents relating to the fitness of paramedics and 45-36 cardiac technicians. Such documents may be used in any 45-37 hearing conducted by the composite board Georgia Medical 45-38 Board. 45-39 (b) In any case involving alleged inability of a paramedic 45-40 or cardiac technician to practice with reasonable skill 45-41 and safety due to illness; use of alcohol, drugs, -45- (Index) LC 9 8216 46- 1 narcotics, chemicals, or any other type of material; or 46- 2 resulting from any mental or physical condition, the 46- 3 Georgia Medical Board may, upon reasonable grounds, 46- 4 require a certificate holder or applicant to submit to a 46- 5 mental or physical examination and release the results of 46- 6 such examination to the Georgia Medical Board, as provided 46- 7 in paragraph (14) of subsection (a) of Code Section 46- 8 43-34-37." SECTION 10. 46- 9 Code Section 43-30-13 of the Official Code of Georgia 46-10 Annotated, relating to the construction of Chapter 30 of 46-11 Title 43 concerning optometrists, is amended by striking 46-12 subsection (a) in its entirety and inserting in lieu thereof 46-13 a new subsection (a) to read as follows: 46-14 "(a) Nothing in this chapter shall be construed to apply 46-15 to physicians and surgeons duly licensed to practice 46-16 medicine in Georgia, nor to prevent persons from selling 46-17 spectacles or eyeglasses on prescription from any duly 46-18 qualified optometrist or physician, nor to prevent any 46-19 person from selling glasses as articles of merchandise or 46-20 from using test cards in connection with the sale of such 46-21 glasses at a permanently located place when not 46-22 trafficking or attempting to traffic upon assumed skill in 46-23 optometry; nor shall anything in this chapter be construed 46-24 to authorize any registered optometrist to prescribe or 46-25 administer drugs except as permitted by law or practice 46-26 medicine or surgery in any manner as defined by the laws 46-27 of this state; nor shall this chapter be construed to 46-28 authorize any such person to use the title of 'M.D.' or 46-29 any other title mentioned in Code Section 43-34-20 or 46-30 43-34-26 43-34-21." SECTION 11. 46-31 Chapter 1 of Title 51 of the Official Code of Georgia 46-32 Annotated, relating to general provisions applicable to 46-33 torts, is amended by striking in its entirety Code Section 46-34 51-1-45, relating to immunity of persons serving without 46-35 compensation as athletic team physicians, and inserting in 46-36 lieu thereof a new Code Section 51-1-45 to read as follows: 46-37 "51-1-45. (Index) 46-38 Any person licensed to practice medicine and surgery 46-39 pursuant to Article 2 of Chapter 34 of Title 43 and 46-40 including any person licensed to render services ancillary -46- (Index) LC 9 8216 47- 1 thereto who in good faith renders voluntary service 47- 2 without compensation as an athletic team physician, either 47- 3 as the team doctor during or in conjunction with athletic 47- 4 practice activities or athletic contests or in conducting 47- 5 preseason physicals for athletes, shall not be liable for 47- 6 any civil damages as a result of any act or omission by 47- 7 such person in rendering such voluntary service or in 47- 8 conducting such physicals or as a result of any act or 47- 9 failure to act to provide or arrange for further medical 47-10 treatment or care for the amateur or nonprofessional 47-11 athlete. Liability for civil damages shall attach to any 47-12 willful or wanton act or omission by such person committed 47-13 in rendering such voluntary service or in conducting such 47-14 physicals or as a result of any act or failure to act to 47-15 provide or arrange for further medical treatment or care 47-16 for the athlete." SECTION 12. 47-17 The following Code sections of the Official Code of Georgia 47-18 Annotated are amended by striking the term "Composite State 47-19 Board of Medical Examiners" wherever it occurs and inserting 47-20 in its place "Georgia Medical Board": 47-21 (1) Code Section 20-3-476, relating to authorization and 47-22 administration of loan program at colleges of 47-23 osteopathic medicine; 47-24 (2) Code Section 20-3-512, relating to powers of the 47-25 State Medical Education Board as to medical student 47-26 loans and scholarships; 47-27 (3) Code Section 20-3-513, relating to determination of 47-28 amount of scholarships by the State Medical Education 47-29 Board; 47-30 (4) Code Section 31-9-6.1, relating to the disclosure of 47-31 certain information to persons undergoing certain 47-32 surgical or diagnostic procedures; 47-33 (5) Code Section 31-34-4, relating to loan applicant 47-34 qualifications under the "Physicians for Rural Areas 47-35 Assistance Act"; 47-36 (6) Code Section 31-38-2, relating to exemptions from 47-37 the applicability of Chapter 38 of Title 31 concerning 47-38 tanning facilities; 47-39 (7) Code Section 33-3-27, relating to reports of awards 47-40 under medical malpractice insurance policies; -47- (Index) LC 9 8216 48- 1 (8) Code Section 34-9-1, relating to definitions 48- 2 applicable to Chapter 9 of Title 34 concerning workers' 48- 3 compensation; and 48- 4 (9) Code Section 43-5-13, relating to exceptions to 48- 5 operation of Chapter 5 of Title 43 concerning athletic 48- 6 trainers. SECTION 13. 48- 7 The following Code sections of the Official Code of Georgia 48- 8 Annotated are amended by striking the term "composite board" 48- 9 wherever it occurs and inserting in its place "Georgia 48-10 Medical Board": 48-11 (1) Code Section 31-11-52, relating to certification and 48-12 recertification of, and training for, paramedics and 48-13 cardiac technicians; 48-14 (2) Code Section 31-11-54, relating to services which 48-15 may be rendered by paramedics and paramedic trainees; 48-16 (3) Code Section 31-11-55, relating to services which 48-17 may be rendered by certified cardiac technicians and 48-18 trainees; and 48-19 (4) Code Section 31-11-58.1, relating to recertification 48-20 of paramedics and cardiac technicians. SECTION 14. 48-21 The following Code sections of the Official Code of Georgia 48-22 Annotated are amended by striking the term "medicine and 48-23 surgery" wherever it occurs and inserting in its place 48-24 "medicine": 48-25 (1) Code Section 14-7-2, relating to definitions under 48-26 the "Georgia Professional Corporation Act"; 48-27 (2) Code Section 16-12-141, relating to when an abortion 48-28 is legal; 48-29 (3) Code Section 19-3-40, relating to blood tests in 48-30 conjunction with marriage licenses; 48-31 (4) Code Section 24-9-41, relating to disclosure of 48-32 medical records; 48-33 (5) Code Section 31-17-7, relating to consent of a minor 48-34 to medical or surgical care; 48-35 (6) Code Section 31-20-1, relating to definitions 48-36 applicable to sterilization procedures; -48- (Index) LC 9 8216 49- 1 (7) Code Section 31-20-4, relating to restriction on 49- 2 performance of sterilization procedure; 49- 3 (8) Code Section 31-20-5, relating to civil and criminal 49- 4 liability with respect to sterilization procedures; 49- 5 (9) Code Section 31-22-2, relating to licenses to 49- 6 operate clinical laboratories; 49- 7 (10) Code Section 31-22-3, relating to the Clinical 49- 8 Laboratory, Blood Bank, and Tissue Bank Committee; 49- 9 (11) Code Section 31-32-2, relating to definitions 49-10 applicable to living wills; 49-11 (12) Code Section 33-18-2, relating to definitions 49-12 applicable to nonprofit medical service corporations; 49-13 (13) Code Section 37-7-8, relating to right of minor to 49-14 obtain medical or surgical services for treatment of 49-15 drug abuse on his consent alone; and 49-16 (14) Code Section 51-1-29, relating to liability of 49-17 persons who render emergency care. SECTION 15. 49-18 The following Code sections of the Official Code of Georgia 49-19 Annotated are amended by striking the term "medicine or 49-20 surgery" wherever it occurs and inserting in its place 49-21 "medicine": 49-22 (1) Code Section 33-20-3, relating to definitions under 49-23 the "Health Care Plan Act"; and 49-24 (2) Code Section 43-30-13, relating to the construction 49-25 of Chapter 30 concerning optometrists. SECTION 16. 49-26 All laws and parts of laws in conflict with this Act are 49-27 repealed. -49- (Index)

Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97