05 LC 33
0892S
The
Senate Health and Human Services Committee offered the following substitute to
HB 266:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating
to chiropractors, so as to provide for additional authority for the board to
expunge or delete certain violations from the disciplinary record of any
licensee; to provide for additional authority for the board to refuse to grant a
license, revoke a license, or discipline a licensee; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
9 of Title 43 of the Official Code of Georgia Annotated, relating to
chiropractors, is amended by striking Code Section 43-9-6.1, relating to the
scope of the authority of the Georgia Board of Chiropractic Examiners, and
inserting in its place the following:
"43-9-6.1.
The
board is authorized to:
(1)
Adopt, amend, and repeal such rules and regulations not inconsistent with this
chapter necessary for the proper administration and enforcement of said
chapter;
(2)
Examine, issue, renew, and reinstate the licenses of duly qualified applicants
for licensure to practice chiropractic in this state;
(3)
Deny, suspend, revoke, or otherwise sanction licenses to practice chiropractic
in this state;
(4)
Initiate investigations for the purpose of discovering violations of this
chapter;
(5)
Conduct hearings upon charges calling for the discipline of a licensee or on
violations of this chapter;
and
(6)
Issue to chiropractors, licensed under this chapter, certificates under the seal
of the board evidencing such licensure and signed, either by hand or facsimile
signature, by the president of the board and the division
director;
and
(7)
Expunge or delete from the disciplinary record of any licensee advertising
violations not defined in the rules of the board as immoral and unprofessional
conduct or relating to reasonable care and skill in the treatment of a
patient."
SECTION
2.
Said
chapter is further amended by striking subsection (a) of Code Section 43-9-12,
relating to grounds for refusal or revocation of license, and inserting in its
place the following:
"(a)
The board shall have the authority to refuse to grant a license to an applicant
therefor or to revoke the license of a person licensed by that board or to
discipline a person licensed by that board, upon a finding by a majority of the
entire board that the licensee or applicant has:
(1)
Failed to demonstrate the qualifications or standards for a license contained in
this chapter or the rules or regulations promulgated under this chapter; it
shall be incumbent upon the applicant to demonstrate to the satisfaction of the
board that he meets all the requirements for the issuance of a license, and, if
the board is not satisfied as to the
applicant́s
qualifications, it may deny a license without a prior hearing; provided,
however, that the applicant shall be allowed to appear before the board if he so
desires;
(2)
Knowingly made misleading, deceptive, untrue, or fraudulent representations in
the practice of chiropractic or on any document connected therewith; or
practiced fraud or deceit or intentionally made any false statement in obtaining
a license to practice the licensed business or profession; or made a false
statement or deceptive registration with the board;
(3)
Been convicted of any felony or of any crime involving moral turpitude in the
courts of this state or any other state, territory, or country or in the courts
of the United States; as used in this paragraph and paragraph (4) of this
subsection, the term 'felony' shall include any offense which, if committed in
this state, would be deemed a felony, without regard to its designation
elsewhere; and, as used in this paragraph, the term 'conviction' shall include a
finding or verdict of guilty or a plea of guilty, regardless of whether an
appeal of the conviction has been sought;
(4)
Been arrested, charged, and sentenced for the commission of any felony, or any
crime involving moral turpitude, where:
(A)
A plea of nolo contendere was entered to the charge;
(B)
First offender treatment without adjudication of guilt pursuant to the charge
was granted; or
(C)
An adjudication or sentence was otherwise withheld or not entered on the
charge.
The
plea of nolo contendere or the order entered pursuant to the provisions of
Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or
other first offender treatment shall be conclusive evidence of arrest and
sentencing for such crime;
(5)
Had his license to practice chiropractic revoked, suspended, or annulled by any
lawful licensing authority other than the board; or had other disciplinary
action taken against him by any such lawful licensing authority other than the
board; or was denied a license by any such lawful licensing authority other than
the board, pursuant to disciplinary proceedings, or was refused the renewal of a
license by any such lawful licensing authority other than the board, pursuant to
disciplinary proceedings;
(6)
Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious
conduct or practice harmful to the public, which conduct or practice materially
affects the fitness of the licensee or applicant to practice chiropractic, or of
a nature likely to jeopardize the interest of the public, which conduct or
practice need not have resulted in actual injury to any person or be directly
related to the practice of chiropractic but shows that the licensee or applicant
has committed any act or omission which is indicative of bad moral character or
untrustworthiness; unprofessional conduct shall also include any departure from,
or the failure to conform to, the minimal standards of acceptable and prevailing
practice of chiropractic;
(7)
Knowingly performed any act which in any way aids, assists, procures, advises,
or encourages any unlicensed person or any licensee whose license has been
suspended or revoked by the board to practice chiropractic or to practice
outside the scope of any disciplinary limitation placed upon the licensee by the
board;
(8)
Violated a statute, law, or any rule or regulation of this state, any other
state, the board, the United States, or any other lawful authority without
regard to whether the violation is criminally punishable, which statute, law, or
rule or regulation relates to or in part regulates the practice of chiropractic
when the licensee or applicant knows or should know that such action is
violative of such statute, law, or rule; or violated a lawful order of the board
previously entered by the board in a disciplinary hearing, consent decree, or
license reinstatement;
(9)
Been adjudged mentally incompetent by a court of competent jurisdiction inside
or outside this state; any such adjudication shall automatically suspend the
license of any such person and shall prevent the reissuance or renewal of any
license so suspended for as long as the adjudication of incompetence is in
effect;
or
(10)
Displayed an inability to practice chiropractic with reasonable skill and safety
to the public or has become unable to practice chiropractic with reasonable
skill and safety to the public by reason of illness, use of alcohol, drugs,
narcotics, chemicals, or any other type of
material.;
or
(11)
Become unable to practice chiropractic with reasonable skill and safety to
patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or
any other type of material, or as a result of any mental or physical
condition:
(A)
In enforcing this paragraph, the board may, upon reasonable grounds, require a
licensee or applicant to submit to a mental or physical examination by licensed
health care providers designated by the board. The results of such examination
shall be admissible in any hearing before the board, notwithstanding any claim
of privilege under a contrary rule of law or statute, including, but not limited
to, Code Section 24-9-21. Every person who shall accept the privilege of
practicing chiropractic in this state or who shall file an application for a
license to practice chiropractic in this state shall be deemed to have given his
or her consent to submit to such mental or physical examination and to have
waived all objections to the admissibility of the results in any hearing before
the board, upon the grounds that the same constitutes a privileged
communication. If a licensee or applicant fails to submit to such an examination
when properly directed to do so by the board, unless such failure was due to
circumstances beyond his or her control, the board may enter a final order upon
proper notice, hearing, and proof of such refusal. Any licensee or applicant who
is prohibited from practicing chiropractic under this paragraph shall at
reasonable intervals be afforded an opportunity to demonstrate to the board that
he or she can resume or begin the practice of chiropractic with reasonable skill
and safety to patients;
(B)
For the purposes of this paragraph, the board may, upon reasonable grounds,
obtain any and all records relating to the mental or physical condition of a
licensee or applicant, including psychiatric records; and such records shall be
admissible in any hearing before the board, notwithstanding any privilege under
a contrary rule of law or statute, including, but not limited to, Code Section
24-9-21. Every person who shall accept the privilege of practicing chiropractic
in this state or who shall file an application to practice chiropractic in this
state shall be deemed to have given his or her consent to the
board́s
obtaining any such records and to have waived all objections to the
admissibility of such records in any hearing before the board, upon the grounds
that the same constitutes a privileged communication; and
(C)
If any licensee or applicant could, in the absence of this paragraph, invoke a
privilege to prevent the disclosure of the results of the examination provided
for in subparagraph (A) of this paragraph or the records relating to the mental
or physical condition of such licensee or applicant obtained pursuant to
subparagraph (B) of this paragraph, all such information shall be received by
the board in camera and shall not be disclosed to the public, nor shall any part
of the record containing such information be used against any licensee or
applicant in any other type of
proceeding."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.