06 LC 35
0014
House
Bill 1419
By:
Representatives Keown of the
173rd,
Lane of the
167th,
Tumlin of the
38th,
Willard of the
49th,
Thomas of the
55th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia
Annotated, relating to physicians, so as to provide that a patient shall receive
notice of an investigation, proceeding, or hearing held regarding a
patient́s
complaint and be given an opportunity to participate in the proceedings and
provide oral or written testimony to the board considering the complaint; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating
to physicians, is amended in Code Section 43-34-37, relating to the authority of
the Board of Medical Examiners to refuse a license or to discipline physicians
and enforcement of investigations, by adding a new subsection immediately
following subsection (j) to read as follows:
"(k)
In all disciplinary investigations and actions taken by the board in which a
complaint was made against an applicant or licensee, the board shall provide
notice of the proceedings to the applicant or licensee and any patient whose
care is the subject of the complaint or such
patient́s
authorized representative. The notice shall provide the applicant or licensee
and patient, or
patient́s
authorized representative, an opportunity to provide oral or written testimony
to the board. Testimony provided by an applicant, licensee, patient, or
patient́s
authorized representative must be considered by the board and noted in the
records of the
proceedings."
SECTION
2.
Said
article is further amended by striking Code Section 43-34-38, relative to
disciplinary proceedings, in its entirety and inserting a new Code Section
43-34-38 to read as follows:
"43-34-38.
(a)
Proceedings before the board wherein a
licenseés
right to practice medicine in this state is terminated, suspended, or limited or
wherein a public reprimand is administered shall require prior notice to the
licensee and an opportunity for hearing; and such proceedings shall be
considered contested cases within the meaning of Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.'
Prior notice
of the hearing shall also be provided to any patient, or the
patient́s
authorized representative, whose care by the licensee is in any manner at issue
in the proceedings. The hearing shall be open to participation by any such
patient, or the
patient́s
authorized representative. Patient participation shall include an opportunity
for the patient to provide oral or written testimony.
(b)
Neither refusal of a license nor a private reprimand shall be considered a
contested case within the meaning of Chapter 13 of Title 50, and notice and
hearing within the meaning of such chapter shall not be required; but the
applicant physician shall be allowed to appear before the board if he
or
she so requests.
If a physician
is given an opportunity to appear before the board, then any patient whose care
is the subject of the proceedings, or the
patient́s
authorized representative, shall be notified of such appearance and the patient
shall be provided an opportunity to participate in the proceedings. Patient
participation shall include an opportunity for the patient to provide oral or
written testimony.
(c)
The power to subpoena as set forth in Chapter 13 of Title 50 shall include the
power to subpoena any book, writing, paper, or document.
(d)
If any licensee fails to appear at any hearing after reasonable notice, the
board may proceed to hear the evidence against such licensee and take action as
if such licensee had been
present."
SECTION
3.
This
Act shall become effective on July 1, 2006.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.