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2018 Georgia Code 43-50-20 | Car Wreck Lawyer

TITLE 43 PROFESSIONS AND BUSINESSES

Section 50. Veterinarians and Veterinary Technicians, 43-50-1 through 43-50-110.

ARTICLE 2 STATE BOARD OF VETERINARY MEDICINE

43-50-20. (For effective date, see note.) Creation of board; members; qualifications; vacancies; expenses; meetings; officers.

  1. There shall be a State Board of Veterinary Medicine, the members of which shall be appointed by the Governor with the approval of the Secretary of State and confirmation by the Senate. The board shall consist of six members, each appointed for a term of five years or until his or her successor is appointed. Five members of the board shall be duly licensed veterinarians actually engaged in active practice for at least five years prior to appointment. The sixth member shall be appointed from the public at large and shall in no way be connected with the practice of veterinary medicine. Those members of the State Board of Veterinary Medicine serving on July 1, 2003, shall continue to serve as members of the board until the expiration of the term for which they were appointed. Thereafter, successors to such board members shall be appointed in accordance with this Code section. A majority of the board shall constitute a quorum.
  2. Vacancies due to death, resignation, removal, or otherwise shall be filled for the remainder of the unexpired term in the same manner as regular appointments. No person shall serve two consecutive five-year terms, but a person appointed for a term of less than five years may succeed himself or herself.
  3. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
  4. Any member of the board may be removed by the Governor after a hearing by the board determines cause for removal.
  5. The board shall meet at least once each year at the time fixed by the board. Other necessary meetings may be called by the president of the board by giving such notice as shall be established by the board. Meetings shall be open and public except that the board may meet in closed session as set forth in Code Section 50-14-3.
  6. At its annual meeting, the board shall organize by electing a president and such other officers as may be required by the board. Officers of the board serve for terms of one year and until a successor is elected, without limitation on the number of terms an officer may serve. The president shall chair the board meetings.

(Ga. L. 1908, p. 88, §§ 1, 2; Civil Code 1910, §§ 2057, 2058; Code 1933, §§ 84-1502, 84-1503; Code 1933, § 84-1504, enacted by Ga. L. 1965, p. 92, § 1; Ga. L. 1974, p. 1441, § 1; Code 1933, § 84-1504.1, enacted by Ga. L. 1980, p. 64, § 1; Ga. L. 2003, p. 615, §§ 1-1, 2-1; Ga. L. 2018, p. 770, § 3/HB 956.)

Delayed effective date.

- Ga. L. 2003, p. 615, § 3-1, provides that the 2003 amendment by § 2-1 of that Act becomes effective only upon the effective date of an appropriation of funds for the specific purposes of Part II of that Act as expressed in a line item making specific reference to full funding of the Act in an Appropriations Act enacted by the General Assembly. Funds were not appropriated at the 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, or 2018 session of the General Assembly. This Code section, as set out above, does not reflect the amendment by § 2-1 of that Act, owing to the delayed effective date.

The 2003 amendments. The 2003 amendment by § 1-1 of Ga. L. 2003, p. 615, effective July 1, 2003, in subsection (a), in the first sentence, substituted "There shall be a" for "The", deleted "is created" following "Medicine", and substituted "confirmation" for "confirmed", inserted "or her" in the second sentence, deleted the former fifth sentence which read: "The initial appointment for the sixth member shall expire June 30, 1985; thereafter, successors shall be appointed for a term of five years.", and, in the present fifth sentence, substituted "State Board of Veterinary Medicine" for "Georgia State Board of Veterinary Examiners" and substituted "July 1, 2003" for "July 1, 1965"; added "or herself" in the last sentence of subsection (b); inserted "or her" in subsection (c); and substituted "chair the" for "serve as chairman of" in the last sentence of subsection (g). The 2003 amendment by § 2-1 of Ga. L. 2003, p. 615, in subsection (a), in the first sentence, substituted "There shall be a" for "The", deleted "is created" following "Medicine", and substituted "confirmation" for "confirmed", in the second sentence, substituted "seven members" for "six members" and inserted "or her", substituted "The seventh member shall be a registered veterinary technician who has been registered and actively engaged in the practice of veterinary technology for at least five years prior to appointment. The initial appointment of the veterinary technician shall expire on June 30 in the fifth calendar year after this subsection becomes effective; thereafter, successors shall be appointed for a term of five years." for "The initial appointment for the sixth member shall expire June 30, 1985; thereafter, successors shall be appointed for a term of five years.", and, in the next to the last sentence, substituted "State Board of Veterinary Medicine" for "Georgia State Board of Veterinary Examiners" and substituted "the effective date of this subsection" for "July 1, 1965,". For effective date of 2003 amendment, see the delayed effective date note.

The 2018 amendment, effective July 1, 2018, added the last sentence of subsection (a); deleted former subsection (c), which read: "No person may serve on the board who is, or was during the two years preceding his or her appointment, a member of the faculty, trustees, or advisory board of a veterinary school."; redesignated former subsections (d) through (f) as present subsections (c) through (e), respectively; substituted "session as set forth in Code Section 50-14-3" for "session to prepare, approve, administer, or grade examinations or to deliberate the qualifications of an applicant for license or the disposition of a proceeding to discipline a licensed veterinarian" in the second sentence of subsection (e); and redesignated former subsection (g) as present subsection (f).

Cross references.

- Opening meetings of public agencies to members of public generally, T. 50, C. 14.

Law reviews.

- For comment on Rogers v. Medical Ass'n, 244 Ga. 151, 259 S.E.2d 85 (1979), invalidating Georgia statute requiring Governor's appointments to Composite State Board of Medical Examiners be made solely from nominees submitted by state medical society as an unconstitutional delegation of legislative authority to a private organization, see 29 Emory L. J. 1183 (1980).

RESEARCH REFERENCES

Am. Jur. 2d.

- 78 Am. Jur. 2d, Veterinarians, § 2 et seq.

C.J.S.

- 70 C.J.S., Physicians, Surgeons, and Other Health Care Providers, § 1 et seq.

ALR.

- Disqualification, for bias or interest, of member of occupation or profession sitting in license revocation proceeding, 97 A.L.R.2d 1210.

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