SB 307 - Physicians - prevent discipline based on cert. practices

First Reader Summary

A bill to amend Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to authority to refuse a license to or discipline a physician, so as to prevent such actions based upon certain unconventional or experimental practice.

Page Numbers - 1/ 2

SB 307 97                                          LC 11 9204 
 
      SENATE BILL 307 
 
      By:  Senator Gochenour of the 27th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 43-34-37 of the Official Code of 
  1- 2  Georgia Annotated, relating to authority to refuse a license 
  1- 3  to or discipline a physician, so as to prevent such actions 
  1- 4  based upon certain unconventional or experimental practice; 
  1- 5  to provide an effective date; to repeal conflicting laws; 
  1- 6  and for other purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Code Section 43-34-37 of the Official Code of Georgia 
  1-10  Annotated, relating to authority to refuse a license to or 
  1-11  discipline a physician, is amended by striking paragraph (7) 
  1-12  of subsection (a) thereof and inserting in its place the 
  1-13  following: 
 
  1-14      "(7) Engaged in any unprofessional, unethical, 
  1-15      deceptive, or deleterious conduct or practice harmful to 
  1-16      the public, which conduct or practice need not have 
  1-17      resulted in actual injury to any person. As used in this 
  1-18      paragraph, the term 'unprofessional conduct' shall 
  1-19      include any departure from, or failure to conform to, 
  1-20      the minimal standards of acceptable and prevailing 
  1-21      medical practice and shall also include, but not be 
  1-22      limited to, the prescribing or use of drugs, treatment, 
  1-23      or diagnostic procedures which are detrimental to the 
  1-24      patient as determined by the minimal standards of 
  1-25      acceptable and prevailing medical practice or by rule of 
  1-26      the board;.  No conduct or practice shall be determined 
  1-27      to be harmful to the public on the basis that it is 
  1-28      unconventional or experimental in the absence of 
  1-29      demonstrable physical harm to a patient;". 
 
  1-30                           SECTION 2. 
 
  1-31  This Act shall become effective on July 1, 1997. 
 
 
 
 
 
                                 -1- 
 
 
 
  2- 1                           SECTION 3. 
 
  2- 2  All laws and parts of laws in conflict with this Act are 
  2- 3  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-