05 LC 29
1615
Senate
Bill 75
By:
Senators Seabaugh of the 28th, Smith of the 52nd, Hill of the 32nd, Carter of
the 13th, Thomas of the 54th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 33-3-27 of the Official Code of Georgia Annotated, relating
to reports of awards under medical malpractice insurance policies, so as change
certain provisions relating to the types of awards that are reported; to amend
Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to the
authority to refuse to license or discipline a physician, investigation, and
enforcement, so as to change provisions relating to investigations of certain
matters; to provide for definitions; to provide for additional investigation and
assessment under certain circumstances; to provide for implementation of certain
matters contingent upon funding; to provide for related matters; to provide for
effective dates; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 33-3-27 of the Official Code of Georgia Annotated, relating to reports
of awards under medical malpractice insurance policies, is amended by striking
subsection (b) and inserting in lieu thereof the following:
"(b)
Every insurer providing medical malpractice insurance coverage in this state
shall notify in writing the Composite State Board of Medical Examiners when it
pays a judgment
in excess
of $10,000.00 or enters into an agreement
to pay an amount
in excess
of $10,000.00 to settle a medical
malpractice claim against a person authorized by law to practice medicine in
this state;
such.
Such judgments or agreements shall be
reported to the board regardless of the dollar amount
if the
records of the insurer establish that there have been two or more previous
judgments against or settlements with a licensed physician which relate to the
practice of medicine. Such notice shall be
sent within 30 days after the judgment has been paid or the agreement has been
entered into by the parties involved in the
claim."
SECTION
2.
Code
Section 43-34-37 of the Official Code of Georgia Annotated, relating to the
authority to refuse to license or discipline a physician, investigation, and
enforcement, is amended by striking subsection (i) and inserting in lieu thereof
the following:
"(i)(1)
The board shall investigate a licensee´s
or permit
holder´s fitness to practice medicine
if the board has received
regarding
that licensee a notification, pursuant to
Code Section 33-3-27,
regarding that
licensee or permit holder of a medical
malpractice judgment or settlement in excess of $100,000.00 or a notification
pursuant to Code Section 33-3-27 that there have been two or more previous
judgments against or settlements with the licensee
or permit
holder relating to the practice of
medicine
involving an
action for medical malpractice. Every
licensee or
permit holder shall notify the board of
any settlement
or
judgement involving the licensee
and
relating to the practice of medicine in excess of
$20,000.00
or permit
holder involving an action for medical
malpractice.
(2)
As used in this subsection, the terms:
(A)
'Action for medical malpractice' shall have the same meaning as provided in Code
Section 9-3-70.
(B)
'Permit holder' means a temporary postgraduate training permit issued by the
board to a graduate of a board approved medical or osteopathic school who is
enrolled in a postgraduate training program deemed acceptable by the board and
who does not currently hold a full and unrestricted license in this
state."
SECTION
3.
Said
Code section is further amended by adding a new subsection (j) to the end of the
Code section to read as follows:
"(j)
The board shall conduct an assessment of and may investigate a licensee´s
fitness to practice medicine if it has disciplined the licensee three times in
the last ten years as a result of an action for medical malpractice. The
assessment shall include an examination of the licensee´s entire history
with respect to the practice of medicine and a one day on-site visit to the
licensee´s current practice location. The assessment shall be completed
within six months of the third disciplinary action. As a result of its findings
the board may take any action it deems necessary to reduce medical errors and
promote patient safety, including revocation, suspension, or limiting the
licensee´s license or requiring additional clinical training, additional
continuing medical education, proctoring, or referral to appropriate
rehabilitation facilities. As used in this subsection the term 'action for
medical malpractice' shall have the same meaning as provided in Code Section
9-3-70."
SECTION
4.
(a)
Sections 1 and 2 of this Act shall become effective on July 1,
2005.
(b) Section 3 of this Act shall become effective only upon the effective date of a specific appropriation of funds for the purposes of Section 3 of this Act as expressed in a line item making specific reference to the full funding of Section 3 of this Act in an appropriations Act enacted by the General Assembly.
(b) Section 3 of this Act shall become effective only upon the effective date of a specific appropriation of funds for the purposes of Section 3 of this Act as expressed in a line item making specific reference to the full funding of Section 3 of this Act in an appropriations Act enacted by the General Assembly.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.