GA Code § 43-34-2 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 34 - Physicians, Acupuncture, Physician Assistants, Cancer and Glaucoma Treatment, Respiratory Care, Clinical Perfusionists, and Orthotics and Prosthetics Practice|Article 1 - Georgia Composite Medical Board|§ 43-34-2. Creation of Board; Members; Physician Assistants Advisory Committee; Review of Qualifications; Required Training

  A board is established to be known as the Georgia Composite Medical Board. The board shall be composed of 15 members, all of whom 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.   Thirteen of the members shall be actively practicing physicians of integrity and ability and shall hold unrestricted licenses to practice medicine in this state. 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 medical 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 prior to their appointment. Any vacancy occurring in a post held by a holder of the D.O. degree shall be filled by a D.O. and any vacancy occurring in a post held by an M.D. degree shall be filled by an M.D.   The fourteenth and fifteenth members of the board shall have no connection whatsoever with the practice of medicine and 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.   Any member of the board may be removed from his or her position and generate an open position on the board:   By a majority vote of the members of the board if a member of the board misses three or more consecutive meetings or misses more than one-third of all meetings including meetings conducted by teleconference, without a valid medical reason or reasons deemed excusable, which removal shall not be effective unless approved by the Governor; or   By the Governor if the board member:   Has willfully neglected his or her duty as a board member;   Has been convicted of a crime involving moral turpitude;   Has been convicted of a felony;   Is no longer in the active practice of medicine, if a physician member;   Is no longer a resident of the State of Georgia; or   Has received any restriction of his or her medical license in Georgia or any other state, if a physician member.         The board shall appoint a Physician Assistants Advisory Committee composed of four physicians, at least two of whom shall be members of the board, and four licensed physician 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 assistants, including but not limited to applicants for physician assistant licensure and relicensure and education requirements therefor, and proposed board regulations concerning physician 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 this chapter.   The committee shall appoint a physician 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 assistants and shall share in the privileges and benefits of the board without a vote.     The board shall review applicants' qualifications for licensure, certification, or permitting pursuant to this chapter.   On and after January 1, 2022, all newly appointed board members shall be required to participate in training and education to support greater understanding of sexual misconduct, sexual boundaries, and impacts of trauma and implicit bias within three months of such appointment. All board members in office as of January 1, 2022, shall be required to participate in such training and education by March 30, 2022.     (Ga. L. 1913, p. 101, § 2; Ga. L. 1918, p. 173, § 1; Code 1933, § 84-902; Ga. L. 1963, p. 285, § 1; Ga. L. 1970, p. 301, § 2; Ga. L. 1971, p. 689, § 1; Ga. L. 1974, p. 1156, § 2; Ga. L. 1977, p. 334, § 1; Ga. L. 1979, p. 382, §§ 1, 2; Code 1981, §43-34-21; Ga. L. 1982, p. 2266, § 3; Ga. L. 1983, p. 3, § 32; Ga. L. 1984, p. 1465, § 1; Ga. L. 1986, p. 304, § 1; Ga. L. 1990, p. 1903, § 10; Ga. L. 1992, p. 1153, § 1; Ga. L. 1992, p. 2062, § 3; Ga. L. 1997, p. 935, § 1; Ga. L. 1999, p. 296, § 25; Code 1981, §43-34-2, as redesignated by Ga. L. 2009, p. 859, § 1/HB 509; Ga. L. 2010, p. 543, § 1/SB 252; Ga. L. 2021, p. 777, § 2/HB 458.)    The 2021 amendment,  effective July 1, 2021, substituted the present provisions of subsection (g) for the former provisions, which read: "Reserved."   Editor's notes.   - This Code section formerly pertained to termination. The former Code section was based on Ga. L. 1982, p. 2266, §§ 1, 2 and Ga. L. 1988, p. 530, § 7, and was repealed by Ga. L. 1992, p. 3137, § 27, effective July 1, 1992.   Law reviews.   - For comment on Rogers v. Medical Ass'n, 244 Ga. 151, 259 S.E.2d 85 (1979), invalidating Georgia statute requiring Governor's appointments to Composite State Board of Medical Examiners (now Georgia Composite Medical Board) be made solely from nominees submitted by state medical society as an unconstitutional delegation of legislative authority to a private organization, see 29 Emory L. J. 1183 (1980).   JUDICIAL DECISIONS    Board has such implied powers only as are reasonably necessary to execute express powers conferred. Bentley v. State Bd. of Medical Exmrs., 152 Ga. 836, 111 S.E. 379 (1922).   Immunity of members from personal liability.   - Members of the board were acting within their jurisdiction in connection with summary suspension of a medical doctor's license to practice medicine, including the suspension of the doctor's prescription privileges, and a suit against the members in their individual capacities was barred by absolute immunity. Howard v. Miller, 870 F. Supp. 340 (N.D. Ga. 1994).    Cited in Morton v. Stewart, 153 Ga. App. 636, 266 S.E.2d 230 (1980).   OPINIONS OF THE ATTORNEY GENERAL   Limitation on board's delegation of powers.   - Composite State Board of Medical Examiners (now Georgia Composite Medical Board) may not lawfully enter into an agreement to confer the board's powers upon private parties. 1973 Op. Att'y Gen. No. 73-127.   RESEARCH REFERENCES   ALR.   - Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 A.L.R.2d 1210.