07 LC 33
1999S
The
House Committee on Health and Human Services offers the following
substitute
to HB 492:
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 for legislative findings; to
increase the membership of the Composite State Board of Medical Examiners; to
provide for the qualifications of such members; to provide for initial and
subsequent terms of office of the new members; to change the name of the
Composite State Board of Medical Examiners to the Georgia Composite Medical
Board; to amend various titles of the Official Code of Georgia Annotated so as
to change provisions for conformity purposes; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly finds and declares that access to high quality health care for
Georgia citizens is a top priority; that the practice of medicine is a privilege
granted by the people acting through their elected representatives and is not a
natural right of individuals; that it is in the interests of public health,
safety, and welfare to protect the public from the unprofessional, improper,
incompetent, unlawful, fraudulent, and/or deceptive practice of medicine; that
it is necessary to provide laws and regulations to govern the granting and
subsequent use of the privilege to practice medicine; and that the primary
responsibility of the Composite State Board of Medical Examiners is to protect
the public. Further, the General Assembly finds that expanded representation of
persons on the Composite State Board of Medical Examiners who are not engaged in
the practice of medicine or in the delivery of health care is in accord with the
recommendations of the Federation of State Medical Boards, and that such
expanded representation is intended to foster the public interest in improved
health care quality in this state.
SECTION
2.
Article
2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating
to physicians, is amended by revising Code Section 43-34-21, relating to the
creation of the Composite State Board of Medical Examiners, as
follows:
"43-34-21.
(a)
A board is established to be known as the
Composite
State Board of Medical Examiners
Georgia
Composite Medical Board to be made up of 15
members. All members of the board shall
be citizens of the United States and residents of this state. All appointments
to the board shall be made by the Governor and confirmed by the
Senate.
(b)
Twelve
Thirteen
of the members shall be practicing physicians of integrity and ability and shall
be duly licensed to practice in this state.
Ten of the
12
Eleven of the
13 physician members shall be graduates of
reputable medical schools conferring the M.D. degree; the other two physician
members shall be graduates of reputable osteopathic schools conferring the D.O.
degree. All of the physician members shall have been engaged in the active
practice of their profession within this state for a period of at least five
years. Any vacancy occurring in a post held by a holder of the D.O. degree
shall be filled by a D.O. from the state at large.
(c)
The
thirteenth
member
fourteenth and
fifteenth members of the board shall be
appointed from the state at large and shall have no connection whatsoever with
the practice of medicine
or the
provision of health care services. Such public members of the board shall be
persons of recognized ability and integrity, but shall not be licensed
physicians or other health care providers, shall have no substantial personal or
financial interest in the practice of medicine, the provision of other health
care services, or affiliation with any organization regulated by the board, and
shall have no familial relationships with individuals involved in the practice
of medicine, the provision of health care services, or affiliation with any
organization regulated by the board.
(d)
The board shall perform such duties and possess and exercise such powers
relative to the protection of the public health and the control of regulation of
the practice of medicine and osteopathy as this chapter prescribes and confers
upon it and shall have the power to carry out investigations, either through the
executive director or
independently;
provided, however, that the member of the board who is not a practicing
physician may vote only on matters relating to administration and policy which
do not directly relate to practical and scientific examination of physicians in
this state.
(e)(1)
The board shall appoint a Physician´s Assistants Advisory Committee
composed of four physicians, at least two of whom shall be members of the board,
and four licensed physician´s assistants, who shall each serve for terms of
office of two years and until their successors are appointed and qualified. The
committee shall review matters to come before the board which relate to
physician´s assistants, including but not limited to applicants for
physician´s assistant licensure and relicensure and education requirements
therefor, and proposed board regulations concerning physician´s assistants.
The committee shall periodically make recommendations to the board regarding
matters reviewed. Each member of the advisory committee shall be entitled to the
same expense allowances, mileage allowances, and reimbursement as members of the
board as provided for in subsection (f) of Code Section 43-1-2.
(2)
The committee shall appoint a physician´s assistant in an advisory capacity
to the board. The advisory person shall serve at the pleasure of the committee
as an ex officio adviser to the board in all matters relating to
physician´s assistants and shall share in the privileges and benefits of
the board without a vote.
(f)
The board shall examine applicants to test their qualifications to practice
medicine.
(g)
When funds are specifically appropriated for such purpose, the board shall
publish an informational booklet on breast cancer and the treatment of breast
cancer. The booklet shall contain a summary of the latest information on breast
cancer and, in brief form, shall discuss the generally accepted and widely
prevailing medical and surgical treatments for breast cancer. The booklet shall
include a valid assessment of the relative risks and benefits of the accepted
and widely prevailing methods of treatment. A copy of the booklet shall be made
available by the board to every appropriate physician in the state. A letter by
the board shall accompany this booklet stating that the board urges the
physician to distribute a copy of the booklet to each and every patient whose
suspected disease, disease, or course of treatment is covered by the material in
the booklet. Copies shall also be available to any person upon request at a fee
prescribed by the executive director sufficient to cover the cost of printing
and distribution. The booklet shall be updated and redistributed at such times
as the board shall deem necessary.
(h)
The board shall have the authority to contract with medical associations or
other professionally qualified organizations to conduct impaired physicians
programs."
SECTION
3.
Said
article is further amended by revising Code Section 43-34-22, relating to the
terms of office of members of the Composite State Board of Medical Examiners, as
follows:
"43-34-22.
(a)
The terms of office of members of the Composite State Board of Medical
Examiners, now
known as the Georgia Composite Medical
Board, in office on June 30, 1999, shall
expire July 1, 1999, except that the Governor by executive order may provide
that such terms expire after July 1, 1999, but no later than July 1, 2000, and
upon the appointment and qualification of their respective successors. Those
successors shall be appointed by the Governor for terms of office beginning on
the later of July 1, 1999, or the date immediately following the expiration of
the terms of office of those members in office on June 30, 1999, with four of
such successors to have initial terms of one year, four of such successors to
have initial terms of two years, and five of such successors to have initial
terms of three years. The Governor shall specify the initial terms of office
for each of those successors at the time of their appointment. Upon the
expiration of such initial terms, successors to members of the board whose terms
of office expire shall serve for terms of four years each.
(b)
Members of the board shall serve for the terms specified and until their
respective successors are appointed and qualified. All reappointments and new
appointments shall be made so that the various geographic regions of the state
shall be represented. Any vacancy that may occur in the board as a result of
death, resignation, removal from the state, or other cause shall be filled for
the unexpired term in the same manner as regular appointments are
made.
(c)
The terms of office of the two new nonphysician members and the additional new
physician member, as of July 1, 2007, of the board appointed pursuant to
subsections (b) and (c) of Code Section 43-34-21 shall be made in accordance
with this Code section. Such new members shall be appointed by the Governor to
serve as members of the board for terms of office beginning on July 1, 2007, and
the physician member shall be appointed for an initial term of one year and the
two nonphysician members shall be appointed for initial terms of two years and
three years, respectively, with the Governor to specify the initial term of
office for each new member at the time of his or her appointment. Upon the
expiration of such initial terms, successors to such members of the board whose
terms of office expire shall serve for terms of four years
each."
SECTION
4.
Said
article is further amended by revising Code Section 43-34-29, relating to
reciprocity of physicians´ licenses, as follows:
"43-34-29.
The
board may grant a license without examination to licensees of boards of other
states requiring equal or higher qualifications, upon the same basis as such
states reciprocate with this state, all upon the following terms and
conditions:
(1)
If the date of the license from the board of such other state is on or before
January 1, 1967, no proof of interning in an approved hospital need be submitted
to obtain a license from the board giving the applicant absolute authority to
practice medicine in this state;
(2)
The applicant shall prove to the satisfaction of the board that the applicant
has graduated from a medical or osteopathic college approved by the board on the
date of application, for the purposes of this chapter, provided that the
applicant shall not be granted a license by reciprocity if the date of such
applicant´s graduation from such medical or osteopathic college shall have
occurred prior to July 1, 1963, unless such medical or osteopathic college was
approved for the purposes of this chapter by the Composite State Board of
Medical
Examiners, now
known as the Georgia Composite Medical
Board, or the State Board of Osteopathic
Examiners as of the date of such graduation;
and
(3)
If the date of the license from the board of such other state is after April 18,
1967, the applicant shall submit proof that he
or
she has had the same training as is
required for applicants for examination in paragraph (2) of subsection (a) of
Code Section 43-34-27, in which event the board shall grant the applicant a
license from the board giving the applicant absolute authority to practice
medicine in this state, provided that if the date of completion of such
internship program occurred prior to July 1, 1963, the board shall not grant
such license by reciprocity, except as allowed pursuant to the final proviso of
this paragraph, unless the internship program was approved by the board as of
the date of completion of such internship program by the applicant; and
provided, further, that the board may, in its discretion, waive the requirements
of this paragraph after determining that an applicant licensed to practice
medicine in another state which does not require an internship or residency has
been actively engaged in the practice of medicine in such other state for at
least two years."
SECTION
5.
Chapter
11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency
medical services, is amended by revising paragraphs (5) and (6) of Code Section
31-11-2, relating to definitions, as follows:
"(5)
'Cardiac technician' means a person who, having been trained and certified as an
emergency medical technician and having completed additional training in
advanced cardiac life support techniques in a training course approved by the
department, is so certified by the Composite State Board of Medical
Examiners, now
known as the Georgia Composite Medical
Board, prior to January 1, 2002, or the
Department of Human Resources on and after January 1, 2002.
(6)
'Composite board' means the
Composite
State Board of Medical Examiners
Georgia
Composite Medical
Board."
SECTION
6.
The
following Code sections of the Official Code of Georgia Annotated are amended by
striking "Composite State Board of Medical Examiners" or "Composite State Board
of Medical Examiners of Georgia" wherever such terms occur and inserting in its
place "Georgia Composite Medical Board":
(1)
Code Section 20-3-476, relating to authorization and administration of loan
program for attendance at Colleges of Osteopathic Medicine;
(2)
Code Section 20-3-512, relating to powers of the State Medical Education Board
as to medical student loans and scholarships;
(3)
Code Section 20-3-513, relating to determination of amount of medical student
loans and scholarships;
(4)
Code Section 31-9-6.1, relating to the disclosure of information to persons
undergoing certain surgical or diagnostic procedures;
(5)
Code Section 31-11-81, relating to definitions relative to emergency
services;
(6)
Code Section 31-34-4, relating to loan applicant qualifications;
(7)
Code Section 31-38-2, relating to exemptions from applicability of chapter on
tanning facilities;
(8)
Code Section 33-3-27, relating to reports of awards under medical malpractice
insurance policies;
(9)
Code Section 33-20B-2, relating to definitions relative to essential rural
health care provider access;
(10)
Code Section 34-9-1, relating to definitions relative to workers´
compensation;
(11)
Code Section 43-5-13, relating to exceptions to operation of
chapter;
(12)
Code Section 43-34-20, relating to definitions relative to
physicians;
(13)
Code Section 43-34-24.1, relating to the board as an independent
agency;
(14)
Code Section 43-34-26.1, relating to delegation of authority to nurse or
physician´s assistant;
(15)
Code Section 43-34-62, relating to definitions relative to
acupuncture;
(16)
Code Section 43-34-102, relating to definitions relative to physician´s
assistants;
(17)
Code Section 43-34-122, relating to definitions relative to the use of marijuana
for treatment of cancer and glaucoma;
(18)
Code Section 43-34-123, relating to the Controlled Substances Therapeutic
Research Program;
(19)
Code Section 43-34-142, relating to definitions relative to respiratory
care;
(20)
Code Section 43-34-171, relating to definitions relative to clinical
perfusionist licensure;
(21)
Code Section 43-34A-2, relating to definitions relative to the "Patient Right to
Know Act of 2001";
(22)
Code Section 43-34A-3, relating to physician profiles and the dissemination of
such profiles to the public;
(23)
Code Section 43-34A-6, relating to a patient´s right to file a grievance
with the state board; and
(24)
Code Section 43-35-3, relating to definitions regarding the practice of
podiatry."
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.