TITLE 43 PROFESSIONS AND BUSINESSES

Section 34. Physicians, Acupuncture, Physician Assistants, Cancer and Glaucoma Treatment, Respiratory Care, Clinical Perfusionists, and Orthotics and Prosthetics Practice, 43-34-1 through 43-34-290.

ARTICLE 1 GEORGIA COMPOSITE MEDICAL BOARD

43-34-5. Election of board officers; reimbursement of members; meetings; powers and duties; no restriction on licenses.

1. The board shall meet and shall annually elect a chairperson and vice chairperson. Each member of the board may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Each board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the mileage allowance for the use of a personal car equal to that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by board members are subject to approval of the chairperson and executive director. Out-of-state travel by board members must be approved by the board chairperson and the executive director.
2. The board shall hold regular meetings each month, unless in the discretion of the chairperson it is deemed unnecessary for a particular month. Called meetings may be held at the discretion of the chairperson.
3. The board shall have the following powers and duties:
   1. To adopt, amend, and repeal such rules and regulations in accordance with this chapter necessary for the proper administration and enforcement of this chapter;
   2. To adopt a seal by which the board shall authenticate the acts of the board;
   3. To establish a pool of qualified physicians to act as peer reviewers and expert witnesses and to appoint or contract with physicians professionally qualified by education and training, medical associations, or other professionally qualified organizations to serve as peer reviewers; provided, however, that no licensing, investigative, or disciplinary duties or functions of the board may be delegated to any medical association or related entity by contract or otherwise;
   4. To employ a medical director and other staff to implement this chapter and provide necessary and appropriate support who shall be subject to the same confidentiality requirements of the board;
   5. To keep a docket of public proceedings, actions, and filings;
   6. To set its office hours;
   7. To set all reasonable fees by adoption of a schedule of fees approved by the board. The board shall set such fees sufficient to cover costs of operation;
   8. To establish rules regarding licensure and certification status, including, but not limited to, inactive status, as the board deems appropriate;
   9. To issue, deny, or reinstate the licenses, certificates, or permits of duly qualified applicants for licensure, certification, or permits under this chapter;
   10. To revoke, suspend, issue terms and conditions, place on probation, limit practice, fine, require additional medical training, require medical community service, or otherwise sanction licensees, certificate holders, or permit holders;
   11. To renew licenses, certificates, and permits and set renewal and expiration dates and application and other deadlines;
   12. To approve such examinations as are necessary to determine competency to practice under this chapter;
   13. To set examination standards, approve examinations, and set passing score requirements;
   14. To adopt necessary rules concerning proceedings, hearings, review hearings, actions, filings, depositions, and motions related to uncontested cases;
   15. To initiate investigations for the purposes of discovering violations of this chapter;
   16. To administer oaths, subpoena witnesses and documentary evidence including medical records, and take testimony in all matters relating to its duties;
   17. To conduct hearings, reviews, and other proceedings according to Chapter 13 of Title 50;
   18. To conduct investigative interviews;
   19. To issue cease and desist orders to stop the unlicensed practice of medicine or other profession licensed, certified, or permitted under this chapter and impose penalties for such violations;
   20. To request injunctive relief or refer cases for criminal prosecution to appropriate enforcement authorities;
   21. To release investigative or applicant files to another enforcement agency or lawful licensing authority in another state;
   22. To sue and be sued in a court of competent jurisdiction;
   23. To enter into contracts;
   24. To license and regulate pain management clinics;
   25. To establish minimum standards for prescribing controlled substances for pain management; and
   26. To accept any gifts, grants, donations, and other funds, including funds from the disposition of forfeited property to the extent permitted by applicable law, to assist in enforcing this chapter.
4. A license issued by the board shall not be limited or restricted to a particular medical specialty.

(Ga. L. 1913, p. 101, § 5; Ga. L. 1933, p. 197, § 1; Code 1933, § 84-905; Ga. L. 1962, p. 611, § 1; Ga. L. 1974, p. 1156, § 3; Code 1981, §43-34-24; Ga. L. 1999, p. 296, § 13; Code 1981, §43-34-5, as redesignated by Ga. L. 2009, p. 859, § 1/HB 509; Ga. L. 2013, p. 515, § 1/HB 178; Ga. L. 2014, p. 866, § 43/SB 340.)

The 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (c)(8).