O.C.G.A.

O.C.G.A. § 31-7-8 (2019)

Reports of disciplinary actions against persons authorized to practice professions under Chapter 11, 34, or 35 of Title 43

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) The hospital administrator or chief executive officer of each institution subject to this chapter shall submit a written report to the appropriate licensing board when a person who is authorized to practice medicine, osteopathy, podiatry, or dentistry in this state under Chapter 34, Chapter 35, or Chapter 11, respectively, of Title 43 and who is a member of the medical staff at the institution, has medical staff privileges at the institution, or has applied for medical staff privileges at the institution has his medical staff privileges denied, restricted, or revoked for any reason involving the medical care given his patient. Each such administrator or officer shall also report to the appropriate licensing board resignations from practice in that institution by persons licensed under Chapter 34, Chapter 35, or Chapter 11 of Title 43. This Code section shall not require reports of temporary suspensions for failure to comply with medical record regulations.

(b) The written report required by subsection (a) of this Code section shall be made within 20 working days following final action by the institution on the restriction, denial, or revocation of medical staff privileges. The results of any legal appeal of such action shall be reported within 20 working days following a final court decision on such appeal.

(c) The report required by this Code section shall contain a statement detailing the nature of the restriction, denial, or revocation of medical staff privileges, the date such action was taken, and the reasons for such action. If the action is a voluntary resignation or restriction of medical staff privileges which was the result of action initiated by the institution, the report shall contain the circumstances involved therein.

(d) There shall be no civil or criminal liability on the part of, and no cause of action for damages shall arise against, any hospital administrator, chief executive officer, or other authorized person who in good faith complies with this Code section.

(e) Except as provided in this subsection and Chapter 34A of Title 43, information contained in any report made to the appropriate licensing board pursuant to this Code section shall be confidential and shall not be disclosed to the public. Access to such reports shall be limited to members of the appropriate licensing board or its staff for their use and to interested institutions for their use in the review of medical staff privileges at the institution.

(f ) The failure of an institution to comply with this Code section shall be grounds for the denial, refusal to renew, or revocation of the permit for the operation of the institution issued pursuant to this chapter.

History

Code 1933, § 88-1912, enacted by Ga. L. 1977, p. 257, § 1; Ga. L. 1983, p. 882, § 1; Ga. L. 1990, p. 561, § 2; Ga. L. 2001, p. 192, § 1.

Annotations

Law reviews. - For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 249 (2001).

RESEARCH REFERENCES Am. Jur. 2d. - 40A Am. Jur. 2d, Hospitals and Asylums, § 16 et seq.

C.J.S. - 41 C.J.S., Hospitals, §§ 16 et seq., 29 et seq.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1993–2026 · leading case: Freeman v. Piedmont Hosp., 434 S.E.2d 764 (Ga. Ct. App. 1993).

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Freeman v. Piedmont Hosp., 434 S.E.2d 764 (Ga. Ct. App. 1993). · cites it 20× “Freeman's voluntary resignation as required pursuant to OCGA § 31-7-8 (a), the letter went on to state: "Dr.”

Freeman v. Piedmont Hosp., 444 S.E.2d 796 (Ga. 1994). · cites it 4× “The basis of the suit was the content of a letter sent by the hospital administrator pursuant to OCGA § 31-7-8 to the Composite State Board of Medical Examiners ("the Board") after Freeman voluntarily resigned from Piedmont Hospital's medical staff.”

Freeman v. Wheeler, 627 S.E.2d 86 (Ga. Ct. App. 2006). · cites it 2× “In the prior action, Freeman, a medical doctor, sued Piedmont Hospital, Sumlin, and Butler for defamation and intentional interference with business relations claiming he was damaged by statements in a letter sent by the hospital administrator pursuant to OCGA § 31-7-8 to the…”

The Columbus Clinic, P.C. v. Reginald A. Williams (Ga. Ct. App. 2020). · cites it 2× “at 720-721 (1) (analyzing that if actions underlying cases such as Mathews, Morgan, and Wood, 14 See generally OCGA § 31-7-8 (a) (providing that “[t]he hospital administrator or chief executive officer .”

Emory Healthcare, Inc. v. Jason H. Harms (Ga. Ct. App. 2026). · cites it 2× “15 See OCGA § 31-7-8 (requiring institutions to submit a written report to the appropriate licensing board under certain circumstances, including when a staff member’s medical privileges are “denied, restricted, or revoked for any reason involving the medical care given his…”

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