reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-8 - PAIN MANAGEMENT CLINICS › Rule 360-8-.03 - Pain Management Clinic License Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Effective July 1, 2013, all pain
			 management clinics must hold a license issued by the Board to operate in this
			 state, and must be owned by physicians holding current licenses to practice in
			 this state.
(a) A pain management clinic who
			 can present satisfactory evidence to the Board of being in existence on June
			 30, 2013, may also qualify for a licenses at each location if it is jointly
			 owned by one or more Georgia licensed physicians and one or more Georgia
			 licensed physician assistants or Georgia licensed advanced practice registered
			 nurses. However, the non-physician owners must meet all the qualifications for
			 licensure except being a licensed physician.
(b) A pain management clinic who can present
			 satisfactory evidence to the Board of being in existence on June 30, 2013, may
			 also qualify for a license at ONE location even though it is not wholly owned
			 by Georgia licensed physicians. However, the owners must meet all the
			 qualifications for licensure except being a licensed physician.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-8 - PAIN MANAGEMENT CLINICS › Rule 360-8-.04 - Denial of Licensure

Current through Rules and Regulations filed through June 27, 2024
(1) The Board will deny a pain clinic license
			 application if a physician practicing at the clinic has been convicted of a
			 felony unless the Board finds through evidence satisfactory to the Board that
			 the felony is no longer relevant to the physician's ability to safely practice
			 in a pain management clinic. For purposes of this rule, the term "convicted of
			 a felony" shall include a conviction of an offense which if committed in this
			 state would be deemed a felony under either state or federal law, without
			 regard to its designation elsewhere. As used in this paragraph, the term
			 "conviction" shall include a finding or verdict of guilt, a plea of guilty
			 resulting in first offender status, or a plea of nolo contendere in a criminal
			 proceeding, regardless of whether the adjudication of guilt or sentence is
			 withheld or not entered thereon.
(2) The Board will deny a pain clinic license
			 application if a physician practicing at the clinic, during the course of his
			 or her practice, has been denied the privilege of prescribing, dispensing,
			 administering, supplying, or selling any controlled substance, or if the
			 physician, during the course of his or her practice, had board action taken
			 against his or her medical license as a result of dependency on drugs or
			 alcohol unless the Board finds through evidence satisfactory to the Board that
			 the prior disciplinary action, denial of privileges relative to controlled
			 substances or impairment is no longer relevant to the physician's ability to
			 safely practice in a pain management clinic.
(3) The Board may deny a license for a pain
			 management clinic for any of the reasons set forth in O.C.G.A. Sections
			  43-34-8,  43-34-283 and /or 43-34-284.
(4) If the Board
			 intends to deny the license, the applicant shall be allowed to appear before
			 the board, if the applicant so requests, prior to the board making a final
			 decision regarding the issuance of the license.
O.C.G.A. Sections
				 43-34-5,  43-34-8,  43-34-9,  43-34-282,  43-34-283,  43-34-284,  43-34-286, and
				 43-34-288.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-8 - PAIN MANAGEMENT CLINICS › Rule 360-8-.05 - Notifications to the Board

Current through Rules and Regulations filed through June 27, 2024
(1) The licensee shall notify the Board
within ten business days
upon the occurrence of any of the
			 following:
(a) Permanent closing of a licensed
			 pain management clinic;
(b) Any
			 theft or loss of drugs or devices of a licensed pain management
			 clinic;
(c) Any known conviction of
			 any employee of a licensed pain management clinic of any state or federal drug
			 laws;
(d) Any known conviction
			 based upon charges of fraud of any employee of a licensed pain management
			 clinic; or
(e) Disasters,
			 accidents, theft, destruction, or loss of records of a licensed pain management
			 clinic required to be maintained by state or federal law or the rules of the
			 board.
(f) If there is a death of a
			 patient due to medication.
(g) Any
			 malpractice settlements or disciplinary actions imposed against the owners or
			 physicians practicing in the clinic
(h) Impairment of any physician, physician
			 assistant or advanced practice registered nurse practicing in the
			 clinic.
(i) Revocation of the
			 license of another pain management clinic in this or other states owned by the
			 same owners.
(j) Notification if
			 the DEA of an owner of physician, physician assistant or advanced practice
			 registered nurse is revoked or surrendered.
(k) Termination of employment of a physician,
			 physician assistant and advanced practice registered nurse from a licensed pain
			 management clinic;
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-8 - PAIN MANAGEMENT CLINICS › Rule 360-8-.06 - Renewals and Continuing Education

Current through Rules and Regulations filed through June 27, 2024
(1) All active licenses must be renewed every
			 two years. This may be done through mail. A pain management clinic may not
			 operate after the expiration date of the license. A license must be renewed
			 biennially by June 30th, and the licensee must
			 establish satisfaction of Board-approved continuing education requirements to
			 be eligible for renewal.
(2) All
			 physicians owning and/or practicing in a pain management clinic must biennially
			 document competence to the Board for purposes of renewal by providing one of
			 the following:
(a) evidence of having
			 obtained during the preceding two (2) years, twenty (20) hours of continuing
			 medical education ("CME") pertaining to pain management or palliative medicine
			 except as provided below. Such CME must be an AMA/AOA PRA Category I CME, a
			 board approved CME program, or any federally approved CME. The CME obtained
			 pursuant to this rule may count towards the CME required for individual
			 physician license renewal; or
(i) All
			 physicians owning and/or practicing in a pain management clinic that has a pain
			 clinic license that has been active less than two years, must provide evidence
			 of having obtained during that time, at least ten (10) hours of CME pertaining
			 to pain management or palliative medicine. Such CME must be an AMA/AOA PRA
			 Category I CME, a board approved CME program, or any federally approved CME.
			 The CME obtained pursuant to this rule may count towards the CME required for
			 individual physician license renewal;
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-8 - PAIN MANAGEMENT CLINICS › Rule 360-8-.07 - Exemptions

Current through Rules and Regulations filed through June 27, 2024
Licensure under this Chapter shall not be required for any
				clinic or practice owned, in whole or in part, or operated by a hospital
				licensed pursuant to Chapter 7 of Title 31 or by a health system or any
				ambulatory surgical center, skilled nursing facility, hospice, or home health
				agency licensed pursuant to Chapter 7 of Title 31.
O.C.G.A. Sections
				 43-34-5,  43-34-282, and
				 43-34-283.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-8 - PAIN MANAGEMENT CLINICS › Rule 360-8-.08 - Annual Reporting by Hospital Clinics

Current through Rules and Regulations filed through June 27, 2024
By March 1st of each year, every
				hospital that operates an outpatient clinic at its main facility or at any
				satellite facility with greater than 50 percent of such clinic's annual patient
				population being treated for chronic pain for non-terminal conditions by the
				use of Schedule II or III controlled substances shall submit a form approved by
				the Board to notify the Board of such clinic. Such notification shall identify
				the address of the outpatient clinic and the name or names of the physicians
				practicing at such clinic.
O.C.G.A. Sections
				 43-34-5,  43-34-282, and
				 43-34-289.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-8 - PAIN MANAGEMENT CLINICS › Rule 360-8-.09 - Disciplinary Actions

Current through Rules and Regulations filed through June 27, 2024
The Board can take disciplinary action including revocation
				against a licensed pain management clinic upon a finding that the owner or a
				physician practicing in the clinic has engaged in conduct identified in
				O.C.G.A. Section
				 43-34-8 as a ground for disciplinary action or as provided in O.C.G.A. Section
				 43-34-284.
O.C.G.A. Section
				 43-34-284.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-8 - PAIN MANAGEMENT CLINICS › Rule 360-8-.10 - Reinstatement

Current through Rules and Regulations filed through June 27, 2024
(1) A license which
			 is revoked for failure to renew may be reinstated upon the discretion of the
			 Board upon receipt of a reinstatement application and fee.
(2) Applicants for reinstatement must be
			 owned by a physician. If the clinic's original license was issued under the
			 grandfather clause, the clinic must now meet the requirements of
			  360-8-.02,"Pain Management Clinic
			 License Requirements."
(3) The
			 Board may also require the applicant to meet with the Board or a committee of
			 the Board.
(4) Each owner,
			 principal, manager, agent, officer, and licensed health care practitioner must
			 pass a criminal background check and further investigation, at the Board's
			 discretion.
(5) This provision of
			 this rule shall not be construed to limit the ability of the Board to impose
			 sanctions for continuing to practice with an expired license.
(6) Reinstatement of the license is within
			 the discretion of the Board.
(7)
			 The Board may deny reinstatement if it determines that the granting or renewing
			 of such license would not be in the public interest.
(8) The denial of reinstatement is not a
			 contested case, but the applicant shall be entitled to an appearance before the
			 Board.
O.C.G.A. Section
				 43-34-287.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-9 - TEACHER'S LICENSES › Rule 360-9-.01 - Eligibility

Current through Rules and Regulations filed through June 27, 2024
(1) The Board may
			 issue, in its discretion, without examination, a teacher's license to
			 physicians licensed and in good standing in other states and foreign countries
			 for the sole purpose of teaching or demonstrating medicine in a Board approved
			 medical college or its affiliated clinic in this State. The Board will consider
			 each request for a teacher's license on a case-by-case basis.
(2) Applicants for a teacher's license must
			 complete an application form approved by the Board. Such application must be
			 submitted and approved by the Board, including all required documentation,
			 signatures, seals and payment of the appropriate fees before an applicant can
			 be approved for a teacher's license. No temporary teacher's license shall be
			 issued.
(3) To be eligible for a
			 teacher's license, an applicant must submit evidence on a form approved by the
			 Board, signed by the dean of the Board approved medical school, which certifies
			 that the applicant is considered a distinguished medical scholar or can make a
			 significant contribution to the school's teaching program. The Board approved
			 school shall state the expected duration of the applicant's appointment, and
			 shall notify the Board of the termination of the appointment.
(4) The applicant must show proof of being
			 currently licensed and in good standing in another state or foreign
			 country.
O.C.G.A.
				 43-1-2,  43-1-4,  43-1-7,  43-34-24(c) 
				 and 
				 43-34-29(1).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-9 - TEACHER'S LICENSES › Rule 360-9-.02 - Limitations

Current through Rules and Regulations filed through June 27, 2024
(1) An applicant
			 who is approved for a teacher's license may only teach or demonstrate medicine
			 in a Board approved medical college of its affiliated clinic. For purposes of
			 this Rule, a Board approved medical college shall be one approved by the
			 Liaison Committee of Medical Education (L.C.M.E.). Under no circumstances shall
			 such a license holder be authorized to open an office for the practice of
			 medicine. The teacher's license shall be valid only so long as the license
			 holder currently holds an appointment as a faculty member at such an approved
			 medical college. The expiration date of the teacher's license shall be
			 determined based upon the expected duration of the appointment and shall be
			 renewable only at the discretion of the Board. The license shall automatically
			 expire upon termination of the appointment if such date occurs earlier than
			 that listed on the license. In any event, such license shall expire two years
			 from the date of issuance. Renewal of the license after two years shall be
			 authorized only if the Board determines that such renewal is in the best
			 interest of the public. The holder of a teacher's license shall not be
			 authorized to possess a DEA registration for the prescribing, dispensing, etc.
			 of controlled substances.
(2) In no
			 event shall a Teacher's License be renewed more than once.
O.C.G.A.
				 43-1-2,  43-1-4,  43-1-7,  43-34-24(c) 
				 and 
				 43-34-29(1).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-9 - TEACHER'S LICENSES › Rule 360-9-.03 - Disclosure

Current through Rules and Regulations filed through June 27, 2024
In any case where the holder of a teacher's license engages in
				teaching or demonstrating medicine in a Board approved medical college or its
				affiliated clinic which involves direct patient contact, disclosure shall be
				made to such patient that the procedure is being performed by a person who
				holds a teacher's license who is not otherwise licensed to practice medicine in
				the State of Georgia.
O.C.G.A.
				 43-1-2,  43-1-4,  43-1-7,  43-34-24(c) 
				 and 
				 43-34-29(1).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-9 - TEACHER'S LICENSES › Rule 360-9-.04 - Disciplinary Provisions

Current through Rules and Regulations filed through June 27, 2024
The holder of a teacher's license shall be subject to all
				disciplinary provisions of O.C.G.A. §
								43-34-37, O.C.G.A. §
								43-1-19 and  Board Rule
				 360-2-.09  and shall at all times be
				expected to comply with the minimal standards of acceptable and prevailing
				medical practice in this State.
O.C.G.A.
				 43-1-2,  43-1-4,  43-1-7,  43-34-24(c) 
				 and 
				 43-34-29(1).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-10 - INSTITUTIONAL LICENSES › Rule 360-10-.01 - Institutional Licenses

Current through Rules and Regulations filed through June 27, 2024
(1) Definitions:
(a) "Applicant" means a physician who is
			 invited to treat patients at a hospital licensed by the Department of Community
			 Health, serve as a clinical faculty member of a board-approved medical school
			 or teaching hospital within this State, or work at a clinic within this State
			 that services Medicaid, indigent, or underserved populations.
(b) "Institution" means a hospital licensed
			 by the Department of Community Health, a board-approved medical school, a
			 teaching hospital within this State, or a clinic within this State that
			 services Medicaid, indigent, or underserved populations.
(c) "Exceptional circumstances" means
			 information demonstrating that the applicant has valuable, unique, or otherwise
			 relevant expertise that would benefit the institution.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-10 - INSTITUTIONAL LICENSES › Rule 360-10-.02 - Applications

Current through Rules and Regulations filed through June 27, 2024
(1) The application
			 form shall be completed according to the instructions provided in the
			 application.
(2) Applications must
			 be complete, including all required documentation, signatures and seals.
			 Application files are not considered completed until all required information,
			 documentation and fees have been received by the Board.
(3) No application will be considered by the
			 Board until the application is complete.
(4) Applicants shall inform the Board in
			 writing within 10 days of a change of address while an application is
			 pending.
(5) Application fees are
			 nonrefundable.
(6) Deposit of an
			 application fee by the Board does not indicate acceptance of the application or
			 that any other licensing requirements have been fulfilled.
(7) Incomplete applications that have been on
			 file with the Board for more than one year shall be deemed invalid. No further
			 action will take place on applications that have been incomplete for more than
			 a year until a new application is received in accordance with the provisions of
			 this chapter with the appropriate application fee.
O.C.G.A. Secs.
				 43-34-5,  43-34-26,  43-34-27,  43-34-28,  43-34-33.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-10 - INSTITUTIONAL LICENSES › Rule 360-10-.03 - Requirements for Licensure

Current through Rules and Regulations filed through June 27, 2024
(1) The standards for receiving such a
			 license may be different from those for receiving an unrestricted license to
			 practice medicine in this state. In granting these institutional licenses the
			 Board shall consider the following qualifications:
(a) Education: Any international medical
			 school graduate applying for an institutional license shall possess basic
			 qualifications and background as any other physician applying for a license in
			 the state. This shall include good moral character, and any other basic
			 background qualifications required by O.C.G.A.  43-34.
1. All other foreign medical schools must
			 have a program of education in the science and art of medicine leading to a
			 medical doctor degree or the medical doctor equivalent that requires a minimum
			 of two (2) years of pre-medical training which includes at least 130 weeks of
			 instruction. Applicants must have official transcripts that include at least
			 130 weeks of instruction.
2.
			 Applicants must have official transcripts of all medical and premedical
			 education mailed directly to the Board from the school where such education was
			 taken. If the transcripts are in a foreign language, applicants must furnish a
			 certified English translation. Transcripts must include the dates the applicant
			 attended the school and the grades received in all courses taken to fulfill the
			 requirements of the degree granted. In the Board's discretion, the transcript
			 requirement may be waived and the results of the Federation of State Medical
			 Boards (FSMB) verification service may be accepted if the applicant adequately
			 demonstrates that all diligent efforts have been made to secure transcripts
			 from the school.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-10 - INSTITUTIONAL LICENSES › Rule 360-10-.04 - Renewal

Current through Rules and Regulations filed through June 27, 2024
(1) Each licensee
			 shall notify the Board within thirty (30) days, in writing, of all changes of
			 address. Any mailing or notice from the Board shall be considered to be served
			 on the licensee when sent to the licensee's last address on file with the
			 Board.
(2) All active licenses must
			 be renewed every two years. This may be done via the internet or through mail.
			 A medical licensee may not practice medicine after the expiration date of the
			 license. Institutional licenses expire biennially on June 30th and the licensee
			 must establish satisfaction of Board-approved continuing education requirements
			 to be eligible for renewal.
(3) To
			 be eligible for renewal, the license holder must furnish certification that he
			 or she continues to be an employee of the Institution where he or she is
			 employed as indicated on the renewal form, complete Board approved continuing
			 education of not less than 40 hours of Category I AMA approved credits annually
			 and submit the appropriate fee.
(4)
			 Licensees have the right to obtain a late renewal of their licenses during the
			 three (3) month period immediately following the expiration date. During this
			 period, the penalty fee for late renewal applies.
(5) The Board shall administratively revoke
			 any license not renewed prior to the expiration of the late renewal period.
			 Such revocation removes all rights and privileges to practice medicine and
			 surgery in this State. A licensee who is so revoked must re-apply for licensure
			 to be considered for reinstatement. Revocation for failure to renew may be
			 reported to the public and to other state licensing boards, and will be
			 reported as a revocation for failure to renew. Revocation for failure to renew
			 is not considered a disciplinary revocation. However, the license may only be
			 reinstated through application.
(6)
			 The fee for renewals and late renewals shall be designated in the fee schedule.
			 Deposit of the renewal fee by the Board does not indicate acceptance of the
			 renewal application or that any permit requirements have been
			 fulfilled.
O.C.G.A. Secs.
				 43-34-5,  43-34-6,  43-34-11.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-10 - INSTITUTIONAL LICENSES › Rule 360-10-.05 - Termination of Institutional License

Current through Rules and Regulations filed through June 27, 2024
(1) An institutional license shall be
			 considered void and shall terminate whenever the holder ceases to be employed
			 by the institution.
(2) The Board
			 has the right to refuse to renew or to suspend or revoke an institutional
			 license based on any of the grounds enumerated in O.C.G.A. Section
			  43-34-8.
(3) Should any institutionally licensed
			 physician wish to surrender the license, he/she shall notify the Georgia
			 Composite Medical Board of this intention in writing by certified mail or by
			 hand delivery and shall immediately return his/her license to the Board. Should
			 a disciplinary proceeding by the Board be pending at the time of such
			 surrender, such surrender shall have the same effect as a revocation of a
			 license and be reportable as a disciplinary action.
O.C.G.A.
				§
										43-34-8.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-10 - INSTITUTIONAL LICENSES › Rule 360-10-.06 - Reporting Requirements for Institutional License Holders

Current through Rules and Regulations filed through June 27, 2024
The Institution must report to the Board the following within
				15 days of the event:
(a) the
			 institutional license holder's withdrawal or termination and the reasons for
			 such termination or withdrawal;
(b)
			 the occurrence of any of the events identified as grounds for disciplinary
			 action or as violations enumerated in O.C.G.A. §
								43-34-8 or  a practice restriction taken against license holder.
O.C.G.A. Secs.
				 43-34-5,  43-34-8,  43-34-33.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-10 - INSTITUTIONAL LICENSES › Rule 360-10-.07 - Limitations Upon Institutional Licenses

Current through Rules and Regulations filed through June 27, 2024
(1) Definitions:
(a) "Applicant" means a physician who is
			 invited to treat patients at a hospital licensed by the Department of Community
			 Health, serve as a clinical faculty member of a board-approved medical school
			 or teaching hospital within this State, or work at a clinic within this State
			 that services Medicaid, indigent, or underserved populations.
(b) "Institution" means a hospital licensed
			 by the Department of Community Health, a board-approved medical school, a
			 teaching hospital within this State, or a clinic within this State that
			 services Medicaid, indigent, or underserved populations.
(c) "Supervisor" means a physician who has an
			 unrestricted license to practice medicine in this State and whose scope of
			 practice is similar to that of the applicant physician.
(d) "Supervisory Oversight" means the
			 direction of the supervisor with immediate availability.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-11 - GEORGIA PROFESSIONAL HEALTH PROGRAM › Rule 360-11-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Board" means
			 the Georgia Composite Medical Board.
(2) "Entity" means an organization or medical
			 professional association, which conducts professional health
			 programs.
(3) "Health care
			 professional" means an applicant, an individual licensed, certified, or
			 permitted by the Board.
(4)
			 "Impaired" means the inability of a health care professional to practice 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.
(5) "Wellness Committee" means a committee of
			 the Board.
(6) "Medical Director"
			 means the Georgia licensed physician employed by the PHP to coordinate the
			 activities of the professional health program.
(7) "Professional health program" or "PHP"
			 means a program established for the purposes of coordinating the evaluations
			 and/or assessment of health care professionals to determine whether the health
			 care professionals can practice with reasonable care and safety, and/or
			 monitoring and rehabilitation of impaired health care professionals.
(8) "Rehabilitation" means restoration to
			 good health or restoration of the ability to practice with reasonable skill and
			 safety through therapy.
O.C.G.A. Sections
				 43-34-5,  43-34-5.1, and
				 43-34-8.
				O.C.G.A. Secs.
				 31-11-52,  43-34-5,  43-34-26.1,  43-34-5,  43-34-5.1,  43-34-8.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-11 - GEORGIA PROFESSIONAL HEALTH PROGRAM › Rule 360-11-.02 - Contract

Current through Rules and Regulations filed through June 27, 2024
The board shall be authorized to conduct a professional health
				program and to enter into a contract with an entity for the purpose of
				establishing and conducting such professional health program.
: O.C.G.A. Sections
				 43-34-5 and 
				 43-34-5.1.
				O.C.G.A. Secs.
				 31-11-52,  43-34-5,  43-34-5.1,  43-34-26.1.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-11 - GEORGIA PROFESSIONAL HEALTH PROGRAM › Rule 360-11-.03 - Professional Health Program (PHP)

Current through Rules and Regulations filed through June 27, 2024
(1) The PHP must employ a Georgia licensed
			 physician to act as the Medical Director to coordinate the activities of the
			 PHP.
(2) The PHP must have a policy
			 approved by the Board to provide services for the mental/physical evaluation of
			 health care professionals who have been referred to the PHP or have contacted
			 the PHP directly.
(3) In the
			 provision of services to evaluate health care professionals or to monitor or
			 rehabilitate impaired health care professionals, the PHP shall have a policy
			 approved by the Board to identify approved treatment programs.
(4) The PHP shall maintain records for a
			 period of ten years and shall keep such records confidential.
(5) The PHP shall inform each participant of
			 the program's procedures, responsibilities of program participants, and the
			 possible consequences of noncompliance with the program.
(6) The PHP shall submit a written report to
			 the Board through the Board's Wellness Committee within 72 hours of each
			 instance where the health care professional has:
(a) Failed to comply with the terms of
			 participation;
(b) Refused to cease
			 practice when he/she has been found to be unable to practice with reasonable
			 skill and safety;
(c) Withdrawn
			 from participation in the program against medical advice;
(d) Engaged in conduct or behavior which
			 indicates that health care professional is believed to constitute an imminent
			 danger to the public or to himself or herself; or
(e) Failed to abide by the terms and
			 conditions of a monitoring agreement.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-11 - GEORGIA PROFESSIONAL HEALTH PROGRAM › Rule 360-11-.04 - Participation in Professional Health Program

Current through Rules and Regulations filed through June 27, 2024
(1) A health care professional who
			 participates in the PHP shall bear all costs associated with such participation
			 and shall be fully accountable to the Board for his/her professional practice
			 during the period of PHP treatment.
(2) A health care professional who is
			 referred to or who participates in the PHP is free not to comply with the
			 recommendations of the PHP however, if he/she does not comply, all information
			 concerning his/her conduct, evaluation, treatment, and/or monitoring will be
			 forwarded to the Board.
(3) A
			 health care professional who participates in the PHP program agrees to provide
			 access to the PHP of any and all records relating to the mental or physical
			 condition of the health care professional, including psychiatric
			 records.
O.C.G.A. Secs.
				 31-11-52,  43-1-7,  43-34-5,  43-34-5.1,  43-34-8,  43-34-26.1.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-11 - GEORGIA PROFESSIONAL HEALTH PROGRAM › Rule 360-11-.05 - Confidentiality

Current through Rules and Regulations filed through June 27, 2024
(1) Notwithstanding
			 the provisions of Code Sections
			  43-34-7 and 
			  43-34-8, the Board shall be authorized to provide pertinent information regarding health
			 care professionals, as determined by the Board and in its sole discretion, to
			 an entity for its purposes in conducting a PHP.
(2) All information, interviews, reports,
			 statements, memoranda, or other documents furnished by the Board or other
			 source to the an entity under contract with the Board for a PHP or produced by
			 the entity, and any findings, conclusions, recommendations, or reports
			 resulting from the monitoring or rehabilitation of health care professionals
			 pursuant to a contract with the Board are declared to be privileged and
			 confidential and shall not be subject to Article 4 of Chapter 18 of Title 50,
			 relating to open records.
(3) All
			 records of the PHP shall be confidential and shall be used by the PHP and its
			 employees and agents only in the exercise of the proper function of the PHP
			 pursuant to its contract with the Board. Such information, interviews, reports,
			 statements, memoranda, or other documents furnished to or produced by the PHP
			 and any findings, conclusions, recommendations, or reports resulting from the
			 monitoring or rehabilitation of health care professionals shall not be
			 available for court subpoenas or for discovery proceedings.
(4) Notwithstanding the above, the Board is
			 authorized to use any such information in a manner and hearing consistent with
			 the provisions of O.C.G.A. Section
			  43-34-8, and the Board rules.
O.C.G.A. Secs.
				 31-11-52,  43-34-5,  43-34-5.1,  43-34-7,  43-34-8,  43-34-26.1.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-11 - GEORGIA PROFESSIONAL HEALTH PROGRAM › Rule 360-11-.06 - Limitation on Liability

Current through Rules and Regulations filed through June 27, 2024
(1) Any entity that contracts with the Board
			 for a PHP shall be immune from any liability, civil or criminal, that might
			 otherwise be incurred or imposed, for the performance of any functions or
			 duties under the contract if performed in accordance with the terms of such
			 contract and the provisions of law.
(2) Notwithstanding any other provisions of
			 the law, the members of the Wellness Committee and Board shall not be liable in
			 damages to any person for any acts, omissions or recommendations made by them
			 in good faith while acting within the scope of their responsibilities pursuant
			 to the law and rules.
(3) No person
			 who in good faith and without malice makes a report to the Board shall be
			 liable for damages to any person.
O.C.G.A. Secs.
				 31-11-52,  43-34-5,  43-34-5.1,  43-34-8,  43-34-26.1.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-11 - GEORGIA PROFESSIONAL HEALTH PROGRAM › Rule 360-11-.07 - Template

Current through Rules and Regulations filed through June 27, 2024
The Board's standard protocol template is available at
www.medicalboard.georgia.gov
.
O.C.G.A. Secs.
				 31-11-52,  43-34-5,  43-34-26.1.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-11 - GEORGIA PROFESSIONAL HEALTH PROGRAM › Rule 360-11-.09 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				 31-11-52,  43-1-4,  43-1-7,  43-1-25,  43-34-24.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-12 - CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH PROGRAM › Rule 360-12-.01 - Organization of the Patient Qualification Review Board

Current through Rules and Regulations filed through June 27, 2024
(1) The Composite State Board of Medical
			 Examiners shall appoint the Patient Qualification Review Board. Each member of
			 the Review board shall be approved for such membership by a majority vote of
			 the Composite Board. The Review board shall consist of:
(a) a Board certified physician of
			 Ophthalmology;
(b) a Board
			 certified physician in Surgery;
(c)
			 a Board certified physician in Internal Medicine and Medical
			 Oncology;
(d) a Board certified
			 physician in Psychiatry;
(e) a
			 Board certified physician in Radiology;
(f) a Pharmacist licensed under Code Title
			 79A, relating to pharmacists, pharmacy, and drugs, as now or hereafter
			 amended.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-12 - CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH PROGRAM › Rule 360-12-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
As used in these rules, the following shall mean:
(a) "Composite Board" means the Composite
			 State Board of Medical Examiners established pursuant to Code Chapter 84-9, as
			 now or hereafter amended;
(b)
			 "marijuana" means marijuana or tetrahydrocannabinol, as defined or listed in
			 the "Georgia Controlled Substances Act," as now or hereafter amended:
(c) "physician" means person licensed to
			 practice medicine pursuant to Code Chapter 84-9, as now or hereafter
			 amended;
(d) "program" means the
			 Controlled Substances Therapeutic Research Program established pursuant to Code
			 Section 84-904A;
(e) "Review Board"
			 means the Patient Qualification Review Board established pursuant to Code
			 Section 84-905A.
Ga. L. 1980, pp. 82-88
				(Ga. Code Ann. 84-904a and 84-905a).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-12 - CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH PROGRAM › Rule 360-12-.03 - Patients Certified to the Patient Qualification Review Board by a Physician

Current through Rules and Regulations filed through June 27, 2024
(1) Such patients are defined as:
(a) Cancer patients involved in a
			 life-threatening situation in which treatment by chemotherapy or radiology has
			 produced severe side effects; or
(b) glaucoma patients who are not responding
			 to conventional controlled substances;
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-12 - CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH PROGRAM › Rule 360-12-.04 - Pharmacies Certified by the Patient Qualification Review Board

Current through Rules and Regulations filed through June 27, 2024
The Review Board shall additionally certify pharmacies which
				are licensed by the State and which are otherwise qualified, and physicians
				regarding the distribution of marijuana pursuant to the provisions of Code
				Section 84-906A.
Ga. L. 1980, pp. 82-88
				(Ga. Code Ann. 84-904a and 84-905a).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-12 - CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH PROGRAM › Rule 360-12-.05 - Patient Application

Current through Rules and Regulations filed through June 27, 2024
(1) Procedures and methods shall be as
			 follows:
(a) A physician requesting that his
			 patient be included in this study must submit an application and notify the
			 Patient Qualification Review Board that there is in the medical record a copy
			 of the biopsy report and a consultation request for evaluation of THC/Marijuana
			 antiemetic protocol. A copy of the biopsy report shall then be sent to the
			 Board.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-13 - RESPIRATORY CARE PROFESSIONALS, TECHNICIANS AND THERAPISTS › Rule 360-13-.01 - Requirements for Board Certification

Current through Rules and Regulations filed through June 27, 2024
(1) To be eligible
			 for Board certification, an applicant must:
(a) provide an affidavit and a secure and
			 verifiable document in accordance with O.C.G.A.
			 50-36-1(f). An
			 affidavit that the applicant is a United States citizen, a legal permanent
			 resident of the United States, or that he/she is a qualified alien or
			 non-immigrant under the Federal Immigration and Nationality Act. If the
			 applicant is not a U.S. citizen, he/she must submit documentation that will
			 determine his/her qualified alien status. The Board participates in the
			 DHS-USCIS SAVE (Systematic Alien Verification for Entitlements or "SAVE")
			 program for the purpose of verifying citizenship and immigration status
			 information of non-citizens. If the applicant is a qualified alien or
			 non-immigrant under the Federal Immigration and Nationality Act, he/she must
			 provide the alien number issued by the Department of Homeland Security or other
			 federal immigration agency;
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-13 - RESPIRATORY CARE PROFESSIONALS, TECHNICIANS AND THERAPISTS › Rule 360-13-.02 - Applications

Current through Rules and Regulations filed through June 27, 2024
(1) The application form shall be completed
			 according to the instructions provided in the application.
(2) Applications must be complete, including
			 all required documentation, signatures and seals. Application files are not
			 considered completed until all information, including fees, have been received
			 by the Board.
(3) Applicants shall
			 inform the Board in writing within 10 days of a change of address while an
			 application is pending.
(4)
			 Application fees are nonrefundable.
(5) Incomplete applications that have been on
			 file with the Board for more than 12 months from the original date of
			 application shall be deemed invalid. No further action will take place on
			 applications that have been incomplete for more than a year until a new
			 application is received in accordance with the provisions of this chapter with
			 the appropriate application fee.
(6) Any applicant who has not received from
			 the Board a valid certificate to practice respiratory care shall not engage in
			 the practice of respiratory care or represent himself or herself as a certified
			 respiratory care professional until such time as the Board has approved his or
			 her application for certification.
O.C.G.A.
				§§
										43-1-2,
				43-1-4,
				43-1-7,
				43-1-25,
				43-34-24,
				43-34-143,
				43-34-144,
				43-34-145,
				43-34-148,
				43-34-150.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-13 - RESPIRATORY CARE PROFESSIONALS, TECHNICIANS AND THERAPISTS › Rule 360-13-.03

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A.
				§§
										43-34-143,
				43-34-147.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-13 - RESPIRATORY CARE PROFESSIONALS, TECHNICIANS AND THERAPISTS › Rule 360-13-.04 - Reciprocity

Current through Rules and Regulations filed through June 27, 2024
(1) Any person who has been granted
			 certification, registration, licensure or other to practice respiratory care in
			 another state may petition the Board for reciprocity in Georgia.
(2) Verification by oath of certification,
			 registration, licensure or other to practice respiratory care must be submitted
			 directly to the Board from the appropriate state attesting to the fact that the
			 applicant seeking certification by reciprocity is currently certified, licensed
			 or otherwise authorized to practice respiratory care in that state.
(3) Any applicant for certification by
			 reciprocity must submit a verification of completion of continuing education
			 requirements as provided in Rule
			 360-13-.10.
(4) Reciprocity applicants who have not been
			 practicing respiratory care in another state for a period of 12 months or more
			 shall be required to provide verification of completion of continuing education
			 requirements as provided in Rule
			 360-13-.10 for each biennial period
			 that the applicant was not practicing. However, the maximum number of contact
			 hours required may not exceed 60.
O.C.G.A.
				§§
										43-1-2,
				43-1-4,
				43-1-7,
				43-1-25,
				43-34-24,
				43-34-143,
				43-34-145, 43-34-147.1,
				43-34-147.2.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-13 - RESPIRATORY CARE PROFESSIONALS, TECHNICIANS AND THERAPISTS › Rule 360-13-.05 - Change of Name or Address

Current through Rules and Regulations filed through June 27, 2024
(1) A certificate holder shall notify the
			 Board in writing within 30 days after the certificate holder's name is legally
			 changed. At the time of notification, the certificate holder shall submit a
			 certified copy of the official document evidencing the name change. If the name
			 change occurred during naturalization, the application must also include the
			 naturalization number, the name and address of the court, the date of
			 naturalization, and the name change. After receipt of the required notification
			 and documentation, the Board will issue a duplicate certificate in the new
			 name.
(2) A certificate holder
			 shall notify the Board in writing within 30 days after a change in the
			 certificate holder's address of record. Failure to so notify the Board of an
			 address change may be deemed to be noncompliance with O.C.G.A. §
								43-34-146 and  may be grounds for disciplinary action pursuant to O.C.G.A. §
								43-34-149.
(3) A certificate holder who utilizes a post
			 office box as the address of record shall also provide a street address where
			 the Board may contact the certificate holder.
O.C.G.A. Secs.
				 43-34-3,  43-34-143,  43-34-144,  43-34-146 to 
				 43-34-149.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-13 - RESPIRATORY CARE PROFESSIONALS, TECHNICIANS AND THERAPISTS › Rule 360-13-.06 - Duplicate Certificates

Current through Rules and Regulations filed through June 27, 2024
(1) Duplicate certificates may be issued upon
			 approval by the Board if the original certificate is lost, stolen, or
			 destroyed, or if the certificate holder has had a legal change of
			 name.
(2) To request a duplicate
			 certificate, the certificate holder must submit a notarized application stating
			 the reason the duplicate certificate is requested. If the application is based
			 on a name change, the certificate holder must provide the documentation
			 required by Rule
			  360-13-.05.
(3) All applications must include the
			 duplicate certificate fee. The duplicate certificate fee shall be designated in
			 the fee schedule.
O.C.G.A. Secs.
				 43-1-2,  43-1-7,  43-1-25,  43-34-143.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-13 - RESPIRATORY CARE PROFESSIONALS, TECHNICIANS AND THERAPISTS › Rule 360-13-.08 - Inactive Status

Current through Rules and Regulations filed through June 27, 2024
(1) A person who
			 wishes to maintain his or her certificate as a Respiratory Care Professional,
			 but who does not intend to practice respiratory care may apply to the Board for
			 inactive status by submitting an application and the fee. An individual with an
			 inactive certificate may not practice respiratory care in Georgia.
(2) In order to reinstate a certificate to
			 practice respiratory care, an applicant must complete an application and pay a
			 reinstatement fee. The applicant must provide verification of completion of
			 continuing education requirements as provided in Rule
			 360-13-.10 for each biennial period
			 that the applicant was not certified. However, the maximum number of contact
			 hours required may not exceed 60.
(3) Reinstatement of the certificate is
			 within the discretion of the Board.
O.C.G.A.
				§§
										43-34-143,
				43-34-147,
				43-34-147.1.