07 LC 33
1713
House
Bill 108
By:
Representatives Keown of the
173rd,
Tumlin of the
38th,
Freeman of the
140th,
Setzler of the
35th,
and Lane of the
167th
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 enact the "Patient Right to
Participate Act"; to provide for notice of hearings to patients whose care is
the subject of a complaint and an opportunity to participate in investigations
and actions against a physician; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Patient Right to Participate
Act."
SECTION
2.
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 Composite Board of Medical Examiners to refuse to issue a license or to
discipline a physician, by adding a new subsection to the end of such Code
section to read as follows:
"(k)
In all disciplinary investigations and actions taken by the board in which a
complaint was made against a licensee, the board shall provide notice of the
proceedings to the licensee and to each patient whose care is the subject of the
complaint or such patient´s authorized representative. The notice shall
include the name of the licensee against whom the complaint was made and the
name of the patient whose care is the subject of the complaint. The notice
shall provide the licensee and patient, or patient´s authorized
representative, an opportunity to provide oral or written testimony to the
board. Testimony provided by a licensee, patient, or patient´s authorized
representative must be considered by the board and noted in the records of the
proceedings."
SECTION
3.
Said
article is further amended by revising Code Section 43-34-38, relating to prior
notice and hearing in disciplinary proceedings, as follows:
"43-34-38.
(a)
Proceedings before the board wherein a licensee´s 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 each patient or authorized
representative of such patient whose care by the licensee is the subject of the
proceedings. The hearing shall be open to participation by each patient or his
or her authorized representative. Patient participation shall include an
opportunity for each patient to provide oral or written testimony. The licensee
shall be provided with the name of each patient who is given notice of the
hearing.
(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.
(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
4.
All
laws and parts of laws in conflict with this Act are repealed.