reglab/statecodes huggingface dataset:
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-.09 - Reinstatement

Current through Rules and Regulations filed through June 27, 2024
(1) A minimum of two (2) years shall pass
			 from the date of any revocation of a certificate before the Board will consider
			 an application for reinstatement. This requirement shall only apply to those
			 instances in which the certificate in question was revoked for reasons other
			 than failure to renew. For purposes of this rule, a voluntary surrender shall
			 be considered a revocation for reasons other than failure to renew.
(2) Applicants for reinstatement who have not
			 practiced within two (2) years prior to making application with the board must
			 obtain the following continuing education hours to be eligible for
			 reinstatement:
(a) Thirty hours (or 3 CEUs) of
			 approved continuing education credits are needed in which 15 hours or 1.5 CEUs
			 must come from critical care. Critical care topics are generally considered to
			 be topics that include in the title such words or abbreviations as ICU, NICU,
			 PICU, ventilator, modes of ventilation, ventilator weaning, VAP, PEEP,
			 BiPAP(®), CPAP, ARDS, NAVA, Capnography, ALI, mechanically ventilated
			 patients, Mass casualty care, HFOV, or HFV.
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-.10 - Continuing Education Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Any applicant
			 for renewal of a certificate to practice Respiratory Care who has been
			 initially licensed by examination for less than two years shall not be required
			 to complete the continuing education hours in order to renew the certificate
			 for the first time. However, for the next renewal must obtain 30 hours of
			 continuing education.
(2) Except as
			 provided in paragraph (1), to be eligible to renew a certificate, each
			 certificate holder must complete 30 contact hours, or 3 continuing education
			 units, of approved continuing education during the two years preceding
			 certification renewal. One continuing education unit shall be equal to 10
			 contact hours of instruction. Certificate holders shall not receive contact
			 hours or continuing education units for teaching continuing education courses.
			 Each certificate must be renewed biennially by the last day of the month in
			 which the applicant's birthday falls.
(3) Each certificate holder shall be required
			 to answer questions on their renewal application form that establish compliance
			 with Board approved continuing education requirements. Certificate holders will
			 not be required to send documentation of compliance with continuing education
			 requirements for renewal, unless requested by the Board pursuant to Rule
			 360-13-.10(4). False
			 statements regarding satisfaction of continuing education on the renewal form
			 or any other document connected with the practice of respiratory care may
			 subject the certificate holder to disciplinary action by the Board.
(4) Each licensed individual must maintain a
			 record of attendance and supporting documents of approved continuing education
			 requirements as stated in this Rule for a period of five years. At a minimum,
			 the following information must be kept:
(a)
			 name of provider;
(b) name of
			 program;
(c) hours of continuing
			 education units completed; and
(d)
			 date of completion.
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-.11 - Unlicensed Practice

Current through Rules and Regulations filed through June 27, 2024
Any person practicing respiratory care, or representing himself
				or herself as a certified respiratory care professional, who does not possess a
				valid certificate or temporary permit from the Board, and who is not exempt
				under O.C.G.A.
				 43-34-151(b), shall be guilty of a misdemeanor and subject to other injunctive relief by the
				Board pursuant to O.C.G.A. §§
								43-1-20.1 and 
				 43-34-39.
O.C.G.A. Secs.
				 43-1-20.1,  43-34-39,  43-34-43,  43-34-150,  43-34-151.
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-.12 - Practice of Respiratory Care Without Certification Prohibited; Exceptions

Current through Rules and Regulations filed through June 27, 2024
(1) Unless
			 certified pursuant to O.C.G.A. Title 43, Chapter 34, Article 6, no person
			 shall:
(a) Practice respiratory care;
			 or
(b) Represent himself or herself
			 to be a respiratory care professional who is certified pursuant to O.C.G.A.
			 §
									43-34-151.
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-.13 - Composition and Responsibilities of the Respiratory Care Advisory Committee

Current through Rules and Regulations filed through June 27, 2024
(1) The Respiratory Care Advisory Committee
			 shall be comprised as follows:
(a) At least
			 four (4) individuals who are certified in Georgia to engage in the practice of
			 respiratory care and such other individuals as the Board, in its discretion,
			 may determine.
1. All appointees to the
			 Advisory Committee shall have on file with the Executive Director of the Board,
			 or his/her designee, a resume and three letters of recommendation, (one of
			 which may be from a physician familiar with the appointee's practice of
			 respiratory care).
2. In order to
			 preserve continuity on the Advisory Committee, two (2) appointees shall serve a
			 four-year term and two (2) appointees shall serve a two-year term which will be
			 considered a partial term. At the time of the appointment, each appointee will
			 be notified in writing by the Executive Director of the Board as to the
			 beginning and ending dates of their respective appointment terms. Each may
			 reapply to the full Board to serve an additional term but may not serve more
			 than two (2) consecutive two-year terms.
3. In the event an Advisory Committee member
			 is replaced during a term, the replacement member will serve the remaining time
			 of that term as a partial term. An Advisory Committee member who serves a
			 partial term will, after the completion of the partial term, be eligible to
			 serve two (2) consecutive two-year terms.
4. Appointees shall serve without
			 compensation from the State of Georgia for their time and expenses.
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-.14 - Notice of Inability to Practice with Reasonable Skill and Safety

Current through Rules and Regulations filed through June 27, 2024
Any certificate holder shall notify the Board within 30 days of
				becoming unable to practice respiratory care with reasonable skill and safety
				by reason of illness or the use of alcohol, drugs, narcotics, chemicals or any
				other type of material.
O.C.G.A.
				§§
										43-1-19,
				43-1-25,
				43-34-143,
				43-34-148.
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-.15

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A.
				§§
										43-34-143,
				43-34-146.
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-.16 - Consumer Information and Awareness to Act. Standards for Respiratory Care Professional

Current through Rules and Regulations filed through June 27, 2024
All respiratory care professionals certified to practice in the
				State of Georgia shall comply with the Consumer Information and Awareness Act,
				O.C.G.A. Section
				43-1-33, in all advertisements and
				interactions with patients. For purposes of this rule and the Consumer
				Information and Awareness Act, the approved identifier shall be "Respiratory
				Care Professional" or "RCP."
O.C.G.A.
				§
										43-1-33.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-14 - INFORMED CONSENT › Rule 360-14-.01 - Purpose; Effective Date

Current through Rules and Regulations filed through June 27, 2024
The purpose of these rules is to establish the standards for
				physician compliance with and the standards necessary to implement Code Section
				 31-9-6.1 of  the Official Code of Georgia Annotated (O.C.G.A.) including enforcement
				thereof through disciplinary action, and to inform all physicians who possess
				licenses to practice medicine in the State of Georgia of the enactment of said
				legislation by the General Assembly of the State of Georgia, which will become
				effective on January 1, 1989, and which will apply to surgical or diagnostic
				procedures subject to the statutory requirements performed on or after January
				1, 1989. These rules will be enforceable and effective January 1,
				1989.
O.C.G.A.
				 31-9-6.1.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-14 - INFORMED CONSENT › Rule 360-14-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
As used in this Chapter:
(1) "Contrast materials" means a
			 non-physiologically occurring molecular compound used to produce density
			 differences in tissues, organs, or vessels to permit visualization of the
			 imaging of such internal bodily structures.
(2) "Direct orders" means orders directly
			 given by or communicated by the responsible physician to persons under the
			 direct or immediate supervision or control of the responsible physician and for
			 whose acts there are direct or immediate responsibility.
(3) "Emergency" means a situation, as defined
			 in Code Section
			  31-9-3, wherein:
(a) According to competent medical
			 judgments, the proposed major surgical or diagnostic procedures are reasonably
			 necessary; and
(b) A person
			 authorized to consent under Code Section
			  31-9-2 is not readily available; and
(c)
			 Any delay in treatment could reasonably be expected to jeopardize the life or
			 health of the person affected or could reasonably result in disfigurement or
			 impaired faculties.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-14 - INFORMED CONSENT › Rule 360-14-.03 - Requirement of Consent for Major Surgical and Diagnostic Procedures

Current through Rules and Regulations filed through June 27, 2024
Except as otherwise provided in Code Section
				 31-9-6.1 and  these rules, and in particular the exceptions outlined in Code Section
				 31-9-6.1(e), a person who undergoes any of the following surgical or diagnostic procedures
				to be performed on or after January 1, 1989, must consent to such procedure as
				outlined in said Code Section and these rules:
(a) Any surgical procedure under general
			 anesthesia, spinal anesthesia or major regional anesthesia;
(b) An amniocentesis diagnostic
			 procedure;
(c) A diagnostic
			 procedure which involves the intravenous injection of a contrast
			 material.
O.C.G.A.
				 31-9-6.1.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-14 - INFORMED CONSENT › Rule 360-14-.04 - Information Required to be Disclosed; Means of Disclosure

Current through Rules and Regulations filed through June 27, 2024
(1) Except as otherwise provided in Code
			 Section
			  31-9-6.1 and  these rules, a person who undergoes a major surgical or diagnostic
			 procedure shall be informed in general terms of each of the following:
(a) The diagnosis of the patient's condition
			 requiring such proposed surgical or diagnostic procedure;
(b) The nature and purpose of such proposed
			 surgical or diagnostic procedure;
(c) The material risks of such proposed
			 procedure as defined in Board Rule
			  360-14-.02(10);
(d) The likelihood of success of such
			 proposed surgical or diagnostic procedure;
(e) The practical alternatives to such
			 proposed surgical or diagnostic procedure; and
(f) The prognosis of the patient's condition
			 if such proposed surgical or diagnostic procedure is rejected.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-14 - INFORMED CONSENT › Rule 360-14-.05 - Standards for Physicians Compliance, Sanctions for Noncompliance

Current through Rules and Regulations filed through June 27, 2024
(1)
(a) When a responsible physician is required
			 to ensure that consent to a major surgical or diagnostic procedure is obtained
			 and that certain information is provided in connection therewith, such
			 requirement shall have been complied with if accomplished through the use of
			 the form set forth in Exhibit A attached to this Rule or through the use of a
			 form which is substantially similar to such form or which includes provisions
			 substantially similar to such form.
(b) When a responsible physician is required
			 to ensure that consent to a major surgical or diagnostic procedure is obtained
			 and that certain information is provided in connection therewith, such
			 requirement shall be rebuttably presumed to have been complied with if
			 evidenced in writing signed by the patient or other person authorized to sign
			 for the patient.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-14 - INFORMED CONSENT › Rule 360-14-.06 - Exceptions to Disclosure and Consent Requirements

Current through Rules and Regulations filed through June 27, 2024
The disclosure of information and the consent required by these
				rules shall not be required in connection with a major surgical or diagnostic
				procedure if:
(a) An emergency exists
			 as defined in Code Section
			  31-9-3;
(b) The surgical or diagnostic procedure is
			 generally recognized by reasonably prudent physicians to be a procedure which
			 does not involve a material risk to the patient involved;
(c) A patient or other person(s) authorized
			 to give consent pursuant to Code Chapter 31-9, make(s) a request in writing
			 that the information provided for in Code Section
			  31-9-6.1 not be disclosed or utilizes the form set forth in Exhibit B to this Rule or
			 any other form which is substantially similar to such form or which include(s)
			 provisions substantially similar to such form;
(d) A prior consent, within thirty (30) days
			 of the surgical or diagnostic procedure, complying with the requirements of
			 these rules has been obtained as a part of a course of treatment for the
			 patient's condition; provided, however, that if such consent is obtained in
			 conjunction with the admission of the patient to a hospital for the performance
			 of such procedure, the consent shall be valid for a period of thirty (30) days
			 from the date of admission or for the period of time the person is confined in
			 the hospital for that purpose, whichever is greater; or
(e) The surgical or diagnostic procedure was
			 unforeseen or was not known to be needed at the time the consent was obtained,
			 and the patient has consented to allow the responsible physician to make the
			 decision concerning such procedure.
O.C.G.A. §
									31-9-6.1.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-14 - INFORMED CONSENT › Exhibit (360-14) A - CONSENT TO SURGICAL OR DIAGNOSTIC PROCEDURES

Current through Rules and Regulations filed through June 27, 2024
DO NOT SIGN THIS FORM WITHOUT READING AND UNDERSTANDING ITS
				CONTENTS
Name of Patient______________________ Date________________
(A)
(1) I acknowledge and understand that the
			 following procedure(s) which has (have) been described to me is (are) to be
			 performed on the patient:
			 __________________________________________________________
			 __________________________________________________________
			 __________________________________________________________ and that as a result
			 of the performance of the procedure(s) there is a material risk that the
			 patient may suffer infection, allergic reaction, severe loss of blood, loss or
			 loss of function of any limb or organ, paralysis or partial paralysis,
			 paraplegia or quadraplegia, disfiguring scar, brain damage, cardiac arrest, or
			 death.
(2) I acknowledge and
			 understand that during the course of the procedure(s) described in subparagraph
			 (A) (1) above, conditions may develop which may reasonably necessitate an
			 extension of the original procedure(s) or the performance of procedure(s) which
			 are unforeseen or not known to be needed at the time this consent is obtained.
			 I therefore consent to and authorize the persons described in the last
			 paragraph of this consent to make the decisions concerning the performance of
			 and to perform such procedure(s) as they may deem reasonably necessary or
			 desirable in the exercise of their professional judgment, including those
			 procedures that may be unforeseen or not known to be needed at the time this
			 consent is obtained. This consent shall also extend to the treatment of all
			 conditions which may arise during the course of such procedures including those
			 conditions which may be unknown or unforeseen at the time this consent is
			 obtained.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-14 - INFORMED CONSENT › Exhibit (360-14) B

Current through Rules and Regulations filed through June 27, 2024
CONSENT TO SURGICAL OR DIAGNOSTIC PROCEDURES AND WAIVER OF
				RIGHT TO RECEIVE INFORMATION IN CONNECTION THEREWITH
DO NOT SIGN THIS FORM WITHOUT READING AND UNDERSTANDING ITS
				CONTENTS.
Name of Patient___________________________
				Date___________
(A)
(1) I acknowledge and understand that the
			 following' procedure) which has (have) been described to me is (are) to be
			 performed on the patient:
________________________________________________
________________________________________________
________________________________________________
(2) I acknowlege and understand
			 that during the course of the procedure(s) described in subparagraph (A) (1)
			 above, conditions may develop which may reasonably necessitate an extension of
			 the original procedure(s) or the performance of procedure(s) which are
			 unforeseen or not known to be needed at the time this consent is obtained. I
			 therefore consent to and authorize the persons described in the last paragraph
			 of this consent to make the decisions concerning the performance of and to
			 perform such procedure(s) as they may deem reasonably necessary or desirable in
			 the exercise of their professional judgment, including those procedures that
			 may be unforeseen or not known to be needed at the time this consent is
			 obtained. This consent shall also extend to the treatment of all conditions
			 which may arise during the course of such procedures including those conditions
			 which may arise during the course of such procedures including those conditions
			 which may be unknown or unforeseen at the time this consent is
			 obtained.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-15 - CONTINUING EDUCATION › Rule 360-15-.01 - Requirements for Physicians

Current through Rules and Regulations filed through June 27, 2024
(1) Physicians
			 licensed to practice medicine pursuant to O.C.G.A.
			  43-34-26 shall complete Board
			 approved continuing education of not less than 40 hours biennially, with the
			 following exceptions:
(a) Physicians enrolled
			 in full time graduate medical education programs (residencies and fellowships)
			 which are accredited by the Accreditation Council on Graduate Medical Education
			 or the American Osteopathic Association.
(b) Physicians who are initially licensed by
			 the Board and who have not renewed their licenses for the first time.
(c) Physicians whose licenses are not active,
			 such as those who are Inactive or Revoked. Physicians who are suspended or in
			 some other way disciplined by the Board must meet the requirements unless
			 otherwise stipulated by Board Order.
(d) Physicians who are retired, who have an
			 active license, and who provide uncompensated health care services pursuant to
			 Code Section
			  43-34-41; shall be required to
			 complete 10 hours of Board approved continuing education biennially.
(e) Physicians specifically exempted from
			 this requirement due to cases of hardship, disability, illness, service in the
			 United States Congress, service in the Georgia General Assembly or military
			 service, if supported by adequate documentation acceptable to the Board.
1. Physicians seeking such an exemption must
			 submit a written request and documentation to support their eligibility for
			 such an exemption.
2. Said request
			 for an exemption should be submitted to the Board in a sufficient time period
			 prior to the expiration of the license to receive a determination from the
			 Board as to whether an exemption would be granted.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-15 - CONTINUING EDUCATION › Rule 360-15-.02 - Compliance

Current through Rules and Regulations filed through June 27, 2024
(1) Physicians will
			 be required to answer questions on their biennial renewal form which establish
			 either compliance or eligibility for exception pursuant to Rule
			  360-15-.01(1).
			 Physicians will not be required to send documentation of compliance with
			 continuing education requirements for renewal, unless requested by the Board,
			 pursuant to Rule  360-15-.02(2). False statements regarding satisfaction of
			 continuing education requirements on the renewal form or any other documents
			 connected with the practice of medicine may subject the licensee to
			 disciplinary action by the Board.
(2) The Board will audit a fixed percentage
			 of randomly selected renewal applications to monitor compliance with the
			 continuing medical education requirements. Any physician so audited will be
			 required to furnish documentation of compliance including name of provider,
			 name of program, hours/continuing Education Units completed, date of
			 completion, and evidence of A.M.A. Category 1 or A.O.A. Category 1 credit
			 pursuant to this Chapter.
(3) If
			 the physician has not complied with the continuing medical education
			 requirement by the expiration of the physician's license, his or her license
			 shall not be renewed and the physician shall not engage in the practice of
			 medicine. A physician may late renew during the three (3) months following the
			 expiration of her or her license by presenting satisfactory evidence to the
			 Board of completion of the required Board approved continuing medical education
			 hours and paying the late renewal fee. Licenses that are not renewed within
			 three (3) months of the expiration date of the license shall be revoked for
			 failure to renew. In order to obtain a valid license after revocation for
			 failure to renew, an applicant must apply for reinstatement in accordance with
			 rule
			  360-2-.07.
(4) Continuing medical education hours that
			 are used to satisfy a deficiency shall be excluded from the computation of
			 hours required to be completed for the renewal of the physician's license for
			 the next biennium.
O.C.G.A. Secs.
				 43-1-4,  43-1-7,  43-34-3,  43-34-24, 43-34-24.1.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-16 - RENEWAL AND EXPIRATION DATES › Rule 360-16-.01 - Renewal and Expiration Dates

Current through Rules and Regulations filed through June 27, 2024
Medical licenses (M.D. and D.O.) will expire on the last day of
				the month in which the applicant's birthday falls. Medical licenses must be
				renewed biennially by the last day of the month in which the applicant's
				birthday falls. The licensee must satisfy Board approved continuing education
				requirements to be eligible for renewal.
O.C.G.A. Secs.
				 43-1-4,  43-1-7,  43-1-25,  43-34-3,  43-34-5,  43-34-24, 43-34-24.1.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-17 - GENERAL INFORMATION › Rule 360-17-.01 - Communications

Current through Rules and Regulations filed through June 27, 2024
All communications, including correspondence, motions, and
				pleadings, shall be filed with the Georgia Composite Medical Board. Copies
				shall be furnished to all parties of record, including the attorney
				representing the State. An original and one duplicate of all correspondence,
				motions and pleadings shall be filed with the Georgia Composite Medical Board
				and shall comply in all respects with
				 360-20-.04.
O.C.G.A. Secs.
				 43-1-3,  43-34-1,  43-34-5,  43-34-6,  43-34-8,  43-34-24,  50-13-3,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-17 - GENERAL INFORMATION › Rule 360-17-.02 - Date of Filing

Current through Rules and Regulations filed through June 27, 2024
All communications, correspondence, motions and pleadings in
				any proceedings shall be deemed to be filed or received on the date on which
				they are actually received by the Georgia Composite Medical
				Board.
O.C.G.A. Secs.
				 43-1-3,  43-34-1,  43-34-5,  43-34-6,  43-34-8,  43-34-24,  50-13-3,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-17 - GENERAL INFORMATION › Rule 360-17-.03 - Computation of Time

Current through Rules and Regulations filed through June 27, 2024
Computation of any period of time referred to in these rules
				shall begin with the first day following that on which the act which initiates
				such period of time occurs. When the last day of the period so computed is a
				day on which the Georgia Composite Medical Board is closed; the period shall
				run until the end of the following business day. When such period of time, with
				the intervening Saturdays, Sundays and legal holidays counted, is seven days or
				less, the said Saturdays, Sundays, and legal holidays shall be excluded from
				the computation; or otherwise such days shall be included in the
				computation.
O.C.G.A. Secs.
				 43-1-3,  43-34-1,  43-34-5,  43-34-6,  43-34-8,  43-34-24,  50-13-3,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-17 - GENERAL INFORMATION › Rule 360-17-.04 - Extension of Times

Current through Rules and Regulations filed through June 27, 2024
It shall be within the discretion of the presiding officer to
				extend, for good cause shown, any time limit prescribed or allowed by these
				rules. All requests for an extension should be made by a motion in accordance
				with
				 360-19-.01  and shall indicate therein
				whether all parties concur. The presiding officer shall notify all parties of
				its action upon the motion. Extension shall be granted only when the presiding
				officer is satisfied that good cause has been shown and not
				otherwise.
O.C.G.A. Secs.
				 43-1-3,  43-34-24(c).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-17 - GENERAL INFORMATION › Rule 360-17-.05 - Signatures

Current through Rules and Regulations filed through June 27, 2024
Every notice, pleading, petition, motion or other document
				filed by a party, represented by an attorney other than the Agency, shall be
				signed by at least one attorney of record in his individual name and his
				address and telephone number shall be stated. A party who is not represented by
				an attorney shall sign his pleading and state his address and telephone number.
				Except when otherwise specifically provided by rule or statute, pleadings need
				not be verified or accompanied by affidavit. The signature of an attorney
				constitutes a certificate by him that he has read the pleading, and that it is
				not interposed for delay.
O.C.G.A. Secs.
				 43-1-3,  43-34-24(c).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-17 - GENERAL INFORMATION › Rule 360-17-.06 - Ex-parte Communications

Current through Rules and Regulations filed through June 27, 2024
No person not employed by the Georgia Composite Medical Board
				shall communicate ex-parte with the presiding officer, any member of the Board
				or any employee of the Board involved in the decisional process with respect to
				the merits of a contested case. If any ex-parte communication is directed to
				any person in violation of these rules, the presiding officer and all other
				parties shall be immediately informed of the substance of the communication and
				the circumstances of its receipt; provided, that a request for information with
				respect to the status of a proceeding shall not be prohibited by this
				section.
O.C.G.A. Secs.
				 43-1-3,  43-34-1,  43-34-5,  43-34-6,  43-34-8,  43-34-24,  50-13-3,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-18 - PLEADINGS › Rule 360-18-.01 - Initial Pleading

Current through Rules and Regulations filed through June 27, 2024
(1) The hearing in a contested case shall be
			 commenced by the agency's filing of a notice of hearing directed to the
			 respondent, or respondents.
(2)
			 Every pleading or other paper submitted for filing in a contested case, to the
			 extent possible, shall contain the following:
(a) A title which indicates the nature of the
			 proceeding and the parties involved therein;
(b) The name of the agency;
(c) A short and plain statement of the nature
			 of the Pleading (e.g. Answer, Motion for Continuance, etc.);
(d) In addition, the notice of hearing shall,
			 to the extent possible, contain the following:
1. A short and plain statement of the matters
			 asserted or the issues involved;
2.
			 A clear and concise statement of the laws involved;
3. A notice of the rights of the person to
			 whom the notice of hearing is directed;
4. A statement that an answer to the matters
			 asserted is required;
5. Any other
			 information required by law or deemed appropriate by the agency.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-18 - PLEADINGS › Rule 360-18-.02 - Answer

Current through Rules and Regulations filed through June 27, 2024
The party to whom a notice of hearing is directed must file
				with the agency an answer within fourteen (14) days after service of the notice
				of hearing. All allegations contained in the notice or hearing which are not
				specifically admitted are deemed denied.
O.C.G.A. Secs.
				 43-1-3,  43-34-24(c).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-18 - PLEADINGS › Rule 360-18-.03 - Replies

Current through Rules and Regulations filed through June 27, 2024
A reply to the answer shall not be permitted and any new
				matters asserted in the answer shall be deemed denied.
O.C.G.A. Secs.
				 43-1-3,  43-34-24(c).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-18 - PLEADINGS › Rule 360-18-.04 - Amendments

Current through Rules and Regulations filed through June 27, 2024
Any party, including the agency, may amend any pleading or
				notice without leave of the agency until the eighth day prior to the date set
				for the hearing on the matter. Thereafter a party may amend his pleadings only
				by leave of the Board or its designee, and leave shall be freely given when
				justice so requires. If an amendment is made to a notice of hearing, the answer
				to said amended notice shall be filed within seven (7) days after service of
				the amended notice, unless otherwise ordered by the presiding
				officer.
O.C.G.A. Secs.
				 43-1-3,  43-34-5,  43-34-24(c),  43-34-9,  50-13-3,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-19 - MOTIONS AND PRE-HEARING PROCEDURES › Rule 360-19-.01 - Motions: Written and Oral

Current through Rules and Regulations filed through June 27, 2024
(1) An application to the agency for an order
			 to take any action or to enter any order shall be made by motion which, unless
			 made during the hearing, shall be made in writing, shall state specifically the
			 grounds therefor, and shall set forth the action or order sought. A copy of all
			 written motions shall be served upon the parties in accordance with Chapter
			 360-20.
(2) A motion for a
			 continuance or an extension of time shall be ruled upon by the presiding
			 officer forthwith. All other motions shall be ruled upon by the presiding
			 officer at the outset of the hearing, after an opportunity for argument by the
			 parties; provided, however, that when the presiding officer is a duly appointed
			 hearing officer, the presiding officer may establish a hearing schedule and
			 dispose of motions at his discretion. The presiding officer may request briefs
			 in support of or in opposition to any motion.
O.C.G.A. Secs.
				 43-1-3,  43-34-24(c).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-19 - MOTIONS AND PRE-HEARING PROCEDURES › Rule 360-19-.02 - More Definite Statement

Current through Rules and Regulations filed through June 27, 2024
A motion for more definite statement shall be filed and ruled
				upon pursuant to Rule
				 360-5-.01.
O.C.G.A. Secs.
				 43-1-3,  43-34-24(c).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-19 - MOTIONS AND PRE-HEARING PROCEDURES › Rule 360-19-.03 - Pre-Hearing Procedures

Current through Rules and Regulations filed through June 27, 2024
Proceedings before the agency shall be conducted as
				expeditiously as possible, with due regard to the rights of the parties. In
				contested cases before the Georgia Composite Medical Board, upon issuance of a
				notice of hearing, the procedures set forth in this chapter and Chapters 360-17
				through 360-26 shall enable the parties to obtain relevant information needed
				for preparation of the case, to the extent that such disclosure is authorized
				by law.
O.C.G.A. Secs.
				 43-1-3,  43-34-1,  43-34-5,  43-34-6,  43-34-8,  43-34-24,  50-13-3,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-19 - MOTIONS AND PRE-HEARING PROCEDURES › Rule 360-19-.04 - Witnesses, Respondent Statement, Witness Statements

Current through Rules and Regulations filed through June 27, 2024
(1) The parties shall within a reasonable
			 time prior to the commencement of the hearing, but at least ten (10) days prior
			 to the hearing, exchange lists of the names, addresses, and phone numbers of
			 witnesses, including experts, whom each party expects to call or may call on
			 its behalf.
(2) The parties shall
			 also, within a reasonable period of time prior to the hearing, exchange copies
			 of documents, and designate documents already in the possession of the other
			 party which are intended to be introduced as evidence at the hearing. The
			 parties shall similarly, upon request, make available to each other for
			 inspection, copying, testing or sampling any tangible item intended to be
			 introduced as evidence.
(3)
			 Respondent shall be furnished, within a reasonable time prior to the
			 commencement of the hearing but at least ten (10) days prior to the hearing,
			 any written statements or other record memorializing oral statement made by the
			 Respondent during the course of the investigation.
(4) The parties shall be required to confer
			 either in person or by telephone, in reasonable advance of a scheduled hearing
			 date but at least seven (7) days prior to the hearing, in a good-faith attempt
			 to reach an agreement as to the admissibility of any documents or tangible
			 items intended to be offered in evidence for either side. The parties may
			 stipulate as to any matter of fact and such stipulation will satisfy a party's
			 burden of proving the fact alleged. The parties shall be encouraged to reach
			 pre-hearing stipulations which could facilitate adjudication of the case. The
			 hearing officer, upon his or her own motion or upon the request of either
			 party, may schedule a pre-hearing conference to hear and rule on motions or
			 other preliminary matters, or otherwise facilitate adjudication of the
			 case.
O.C.G.A. Secs.
				 43-1-3,  43-34-24(c).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-19 - MOTIONS AND PRE-HEARING PROCEDURES › Rule 360-19-.05 - Pre-Hearing Discovery

Current through Rules and Regulations filed through June 27, 2024
Except as may be expressly authorized by these rules or by
				statute, no other forms of pre-hearing discovery shall be authorized or
				permitted including, but not limited to the following: interrogatories;
				requests for production of documents and things; requests for physical or
				mental examination; and requests for admission.
O.C.G.A. Secs.
				 43-1-3,  43-34-24(c).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-20 - SERVICE › Rule 360-20-.01 - By the Agency

Current through Rules and Regulations filed through June 27, 2024
Service of the notice of hearing, initial decision and final
				order shall be by personal delivery or certified mail to the licensee or
				applicant, in addition to counsel of record. All other notices, pleadings,
				orders, motions and other documents shall be served by hand delivery or first
				class mail.
O.C.G.A. Secs.
				 43-1-3,  43-34-24(c).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-20 - SERVICE › Rule 360-20-.02 - By Other Parties

Current through Rules and Regulations filed through June 27, 2024
A copy of the answer and all other pleadings, notices, motions,
				briefs, memoranda and other documents filed by any party with the Georgia
				Composite Medical Board shall be served upon all other parties to the
				proceeding, including counsel for the agency, by personal delivery or by
				first-class mail.
O.C.G.A. Secs.
				 43-1-3,  43-34-1,  43-34-6,  43-34-8,  43-34-24,  50-13-3,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-20 - SERVICE › Rule 360-20-.03 - To Party's Attorney

Current through Rules and Regulations filed through June 27, 2024
Service upon a party's attorney shall be deemed service upon
				the party, except as provided in 360- 20-.01.
O.C.G.A. Secs.
				 43-1-3,  43-34-24(c).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-20 - SERVICE › Rule 360-20-.04 - Filing of Pleading

Current through Rules and Regulations filed through June 27, 2024
A pleading subsequent to the Notice of Hearing shall not be
				entitled to filing unless accompanied by an Acknowledgement of Service required
				hereunder or a certificate that the service required hereunder has been made.
				In addition, a pleading shall not be entitled to filing unless it is stamped or
				otherwise marked in the upper left hand corner of the first page of the
				document as "original", and a duplicate copy is simultaneously submitted which
				is stamped or otherwise marked as "duplicate" in the upper left corner on the
				first page.
O.C.G.A. Secs.
				 43-1-3,  43-34-24(c).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-21 - PARTIES; INTERVENTION › Rule 360-21-.01 - Substitution of Parties

Current through Rules and Regulations filed through June 27, 2024
The Board or its designee may upon motion, at any time during
				the course of the proceeding, permit such substitution of parties as justice
				may require.
O.C.G.A. Secs.
				 43-1-4,  43-34-5,  43-34-9,  43-34-24(c),  50-13-3,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-21 - PARTIES; INTERVENTION › Rule 360-21-.02 - Intervention

Current through Rules and Regulations filed through June 27, 2024
Any person desiring to intervene pursuant to O.C.G.A. Section
				 50-13-14 shall file a motion in accordance with Rule
				 360-19-.01, which motion shall state
				therein the specific grounds for seeking intervention. The agency and any other
				parties shall have fourteen (14) days from the date of service to file, a
				response to such request.
O.C.G.A. Secs
				 43-1-4,  43-34-5,  43-34-9,  43-34-24(c),  50-13-3,  50-13-13,  50-13-14.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-22 - EVIDENCE; SUBPOENAS › Rule 360-22-.01 - Evidence on Hearings

Current through Rules and Regulations filed through June 27, 2024
In all hearings the testimony of witnesses shall be taken
				orally before the agency or hearing officer, unless otherwise provided by these
				rules.
O.C.G.A. Secs.
				 43-1-3,  43-34-24(c).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-22 - EVIDENCE; SUBPOENAS › Rule 360-22-.02 - Evidence on Motions

Current through Rules and Regulations filed through June 27, 2024
When a motion is based on facts not appearing of record the
				presiding officer may hear the matter on affidavits presented by the respective
				parties, but the presiding officer may direct that the matter be heard, wholly
				or partly on oral testimony.
O.C.G.A. Secs.
				 43-1-3,  43-34-24(c).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-22 - EVIDENCE; SUBPOENAS › Rule 360-22-.03 - Objections and Exceptions

Current through Rules and Regulations filed through June 27, 2024
Formal exceptions to rulings on evidence are unnecessary. It is
				sufficient that a party, at the time that a ruling of the presiding officer is
				made or sought, makes known to the presiding officer the action which he
				desires taken or his objections to such action and his grounds
				therefor.
O.C.G.A. Secs.
				 43-1-3,  43-34-24(c).
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-22 - EVIDENCE; SUBPOENAS › Rule 360-22-.04 - Subpoenas

Current through Rules and Regulations filed through June 27, 2024
(1) In contested
			 cases, subpoenas shall be issued without discrimination between public and
			 private parties. At any time after issuance of the Notice of Hearing, and prior
			 to the scheduled date for the hearing, the parties may request the issuance of
			 subpoenas by filing a written request with the Georgia Composite Medical Board,
			 in accordance with Rule
			  360-17-.01, with appropriate service
			 on the opposing party or counsel. Subpoena requests shall state the name and
			 complete address of the person to whom it is directed.
(2) Subpoenas issued pursuant to a request in
			 accordance with Rule  360-22-.04(1)  shall not be issued in blank. Every subpoena
			 issued by the Georgia Composite Medical Board shall state the name of the
			 agency and the title of the action, and shall command each person to whom it is
			 directed to attend and give testimony at the hearing at a time and place
			 therein specified, or to produce documents for examination at the hearing, or
			 both. If such a subpoena is directed to any member, investigator, employee, or
			 other agent or representative of the agency, including experts retained by the
			 agency for purposes of the particular case, production of documentary evidence
			 from the agency or investigative file of the applicant or licensee and the
			 taking of testimony at the hearing from such a person or persons shall be
			 governed by applicable provisions in the practice act regulating the business
			 or profession, and by O.C.G.A.
			  43-34-8.
(3) The party requesting the issuance of the
			 subpoena shall be responsible for serving the same and paying the cost of
			 securing the attendance of witnesses, in the same manner as prescribed by law
			 in civil cases in superior court.
O.C.G.A. Secs.
				 43-1-3,  43-34-1,  43-34-5,  43-34-6,  43-34-8,  43-34-24,  50-13-3,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD › Chapter 360-23 - TAKING OF TESTIMONY BY DEPOSTION › Rule 360-23-.01 - Taking of Testimony by Deposition

Current through Rules and Regulations filed through June 27, 2024
(1) At any time during the course of the
			 proceedings, the presiding officer may, in his discretion, permit the testimony
			 of a witness to be taken by deposition. Application to take testimony by
			 deposition shall be made in writing and shall be filed with the Georgia
			 Composite Medical Board and served upon all parties to the proceedings,
			 including counsel for the agency.
(2) The application shall state the name and
			 address of the witness, the subject matter concerning which the witness is
			 expected to testify, the date, time and place of the proposed deposition, and
			 the reason why the witness cannot appear and testify before the agency. The
			 presiding officer may, in his discretion, allow the application where the
			 circumstances are such that the witness to be deposed cannot appear before the
			 agency without substantial hardship to the deponent or to the parties to the
			 case or that testimony by any other method will unduly delay expeditious
			 completion of the proceedings. An application for the taking of testimony by
			 deposition shall not be allowed if the deposition would result in any undue
			 burden to another party or any undue delay of the proceedings. If the
			 application is allowed, the presiding officer should give notice of the taking
			 of the testimony by deposition to all parties.
O.C.G.A. Secs.
				 43-1-3,  43-34-1,  43-34-5,  43-34-6,  43-34-8,  43-34-24,  50-13-3,  50-13-13.