| HB 25 - Med Examiners, Comp State Board; function as state agency |
First Reader Summary
A BILL to amend Chapter 34 of Title 43 of the Official Code of
Georgia Annotated, relating to the regulation of physicians,
physician's assistants, and respiratory care, so as to change the
definition of a certain term; to provide that the Composite State
Board of Medical Examiners shall function as a separate state
agency and shall be a separate budget unit of state government;
and for other purposes.
| House |
Action |
Senate |
| 1/13/99 |
Read 1st Time |
|
| 1/14/99 |
Read 2nd Time |
|
HB 25 LC 10 2611
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 34 of Title 43 of the Official Code of
1- 2 Georgia Annotated, relating to the regulation of physicians,
1- 3 physician's assistants, and respiratory care, so as to
1- 4 change the definition of a certain term; to provide that the
1- 5 Composite State Board of Medical Examiners shall function as
1- 6 a separate state agency and shall be a separate budget unit
1- 7 of state government; to provide for the appointment of
1- 8 members to the Composite State Board of Medical Examiners;
1- 9 to provide for the removal of members from office for
1-10 certain cause; to provide that the Composite State Board of
1-11 Medical Examiners shall have the authority to contract with
1-12 medical associations or other professionally qualified
1-13 organizations to assist it in carrying out its duties as
1-14 required by this chapter or rules and regulations
1-15 promulgated by the board; to authorize such board to
1-16 establish administrative standards for the examination of
1-17 applicants for licensure; to provide for an executive
1-18 director and other employees of the Composite State Board of
1-19 Medical Examiners and for their powers and duties; to
1-20 provide for investigators; to provide for the determination
1-21 of fees and refunds; to authorize point credit for veterans
1-22 taking examinations given by the board; to provide that
1-23 certain laws applicable to various state examining boards
1-24 shall not apply to the Composite State Board of Medical
1-25 Examiners or this chapter; to repeal provisions relating to
1-26 the authority of the Secretary of State and the
1-27 joint-secretary of the state examining boards in connection
1-28 with regulating physicians, physician's assistants, and
1-29 respiratory care and in connection with the affairs of the
1-30 Composite State Board of Medical Examiners; to authorize the
1-31 Composite State Board of Medical Examiners to assume
1-32 additional powers and to exercise additional duties; to
1-33 require applicants for licensure to provide certain
1-34 information; to provide for the compensation and
1-35 reimbursement of members of such board; to change the
1-36 provisions relating to a temporary license to practice
1-37 medicine; to authorize the Composite State Board of Medical
-1-
2- 1 Examiners to provide for inactive status licenses; to change
2- 2 the provisions relating to the issuance of licenses to
2- 3 practice medicine upon presentation of evidence of required
2- 4 qualifications; to change the provisions relating to the
2- 5 recording of licenses to practice medicine with the clerk of
2- 6 the superior court; to change the provisions relating to the
2- 7 authority of the board to refuse a license to practice
2- 8 medicine or discipline a physician; to provide for
2- 9 additional remedies and actions which the board may take
2-10 against licensees or applicants for licensure; to provide
2-11 for cease and desist orders against persons practicing
2-12 medicine without a license; to provide civil penalties; to
2-13 provide that licensed professionals shall be subject to
2-14 regulation by the board; to provide for hearings; to provide
2-15 for venue; to provide for related matters; to provide an
2-16 effective date; to repeal conflicting laws; and for other
2-17 purposes.
2-18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2-19 SECTION 1.
2-20 Chapter 34 of Title 43 of the Official Code of Georgia
2-21 Annotated, relating to the regulation of physicians,
2-22 physician's assistants, and respiratory care, is amended by
2-23 striking in its entirety paragraph (3) of Code Section
2-24 43-34-20, relating to definitions applicable under said
2-25 chapter, and inserting in lieu thereof a new paragraph (3)
2-26 to read as follows:
2-27 "(3) 'To practice medicine' means to hold one's self
2-28 oneself out to the public as being engaged in the
2-29 diagnosis or treatment of disease, defects, or injuries
2-30 of human beings; or the suggestion, recommendation, or
2-31 prescribing of any form of treatment for the intended
2-32 palliation, relief, or cure of any physical, mental, or
2-33 functional ailment or defect of any person with the
2-34 intention of receiving therefor, either directly or
2-35 indirectly, any fee, gift, or compensation whatsoever;
2-36 or the maintenance of an office for the reception,
2-37 examination, and treatment of persons suffering from
2-38 disease, defect, or injury of body or mind; or attaching
2-39 the title 'M.D.,' 'Oph.,' 'D.,' 'Dop.,' 'Surgeon,'
2-40 'Doctor,' 'D.O.,' 'Doctor of Osteopathy,' either alone
2-41 or in connection with other words, or any other words or
2-42 abbreviations to one's name, indicating that such person
2-43 is engaged in the treatment or diagnosis of disease,
-2-
3- 1 defects, or injuries to human beings, provided that the
3- 2 terms 'doctors of medicine,' 'doctors of medicine
3- 3 licensed to practice in the state,' and similar terms
3- 4 wherever used or appearing in this article or elsewhere
3- 5 shall mean and include only those persons who are
3- 6 licensed to practice medicine under this article."
3- 7 SECTION 2.
3- 8 Said chapter is further amended by striking in its entirety
3- 9 Code Section 43-34-21, relating to the creation of the
3-10 Composite State Board of Medical Examiners, and inserting in
3-11 lieu thereof a new Code Section 43-34-21 to read as follows:
3-12 "43-34-21.
3-13 (a) A board is established within state government to be
3-14 known as the Composite State Board of Medical Examiners.
3-15 All members of the board shall be citizens of the United
3-16 States and residents of this state. All appointments to
3-17 the board shall be made by the Governor and confirmed by
3-18 the Senate. The board shall function as a separate state
3-19 agency and shall be a budget unit within the meaning of
3-20 paragraph (10) of Code Section 45-12-71.
3-21 (b) Twelve of the members shall be practicing physicians
3-22 of integrity and ability and shall be duly licensed to
3-23 practice in this state. Ten of the 12 physician members
3-24 shall be graduates of reputable medical schools conferring
3-25 the M.D. degree; the other two physician members shall be
3-26 graduates of reputable osteopathic schools conferring the
3-27 D.O. degree. All of the physician members shall have been
3-28 engaged in the active practice of their profession within
3-29 this state for a period of at least five years. Any
3-30 vacancy occurring in a post held by a holder of the D.O.
3-31 degree shall be filled by a D.O. from the state at large.
3-32 (c) Two members The thirteenth member of the board shall
3-33 be appointed from the state at large and shall have no
3-34 connection whatsoever with the practice of medicine.
3-35 (d) The board shall perform such duties and possess and
3-36 exercise such powers relative to the protection of the
3-37 public health and the control of regulation of the
3-38 practice of medicine and osteopathy as this chapter
3-39 prescribes and confers upon it and shall have the power to
3-40 carry out investigations, either through the
3-41 joint-secretary or independently; provided, however, that
3-42 the member of the board who is not a practicing physician
-3-
4- 1 may vote only on matters relating to administration and
4- 2 policy which do not directly relate to practical and
4- 3 scientific examination of physicians in this state.
4- 4 (e)(1) The board shall appoint a Physician's Assistants
4- 5 Advisory Committee composed of four physicians, at least
4- 6 two of whom shall be members of the board, and four
4- 7 licensed physician's assistants, who shall each serve
4- 8 for terms of office of two years and until their
4- 9 successors are appointed and qualified. The committee
4-10 shall review matters to come before the board which
4-11 relate to physician's assistants, including but not
4-12 limited to applicants for physician's assistant
4-13 licensure and relicensure and education requirements
4-14 therefor, and proposed board regulations concerning
4-15 physician's assistants. The committee shall
4-16 periodically make recommendations to the board regarding
4-17 matters reviewed. Each member of the advisory committee
4-18 shall be entitled to the same expense allowances,
4-19 mileage allowances, and reimbursement as members of the
4-20 board as provided for in subsection (f) of Code Section
4-21 43-1-2.
4-22 (2) The committee shall appoint a physician's assistant
4-23 in an advisory capacity to the board. The advisory
4-24 person shall serve at the pleasure of the committee as
4-25 an ex officio adviser to the board in all matters
4-26 relating to physician's assistants and shall share in
4-27 the privileges and benefits of the board without a vote.
4-28 (f) The board shall examine applicants to test their
4-29 qualifications to practice medicine. The board shall also
4-30 establish administrative standards for the examination of
4-31 applicants for licensure, notwithstanding any other
4-32 provisions of law to the contrary. These administrative
4-33 standards shall include setting of the date, time, and
4-34 location of examinations. The board may adopt examination
4-35 criteria, grading procedures, fees, passing score
4-36 requirements, and other matters pertaining to the
4-37 examination of applicants for licensure as necessary to
4-38 implement licensing standards. Examination standards,
4-39 including examination criteria, grading procedures, and
4-40 passing score requirements, developed in agreement or in
4-41 conjunction with a national association of state boards or
4-42 other related national association for the administration
4-43 of a nationally recognized uniform examination may be
4-44 adopted in lieu of state standards by the board.
-4-
5- 1 (g) When funds are specifically appropriated for such
5- 2 purpose, the board shall publish an informational booklet
5- 3 on breast cancer and the treatment of breast cancer. The
5- 4 booklet shall contain a summary of the latest information
5- 5 on breast cancer and, in brief form, shall discuss the
5- 6 generally accepted and widely prevailing medical and
5- 7 surgical treatments for breast cancer. The booklet shall
5- 8 include a valid assessment of the relative risks and
5- 9 benefits of the accepted and widely prevailing methods of
5-10 treatment. A copy of the booklet shall be made available
5-11 by the board to every appropriate physician in the state.
5-12 A letter by the board shall accompany this booklet stating
5-13 that the board urges the physician to distribute a copy of
5-14 the booklet to each and every patient whose suspected
5-15 disease, disease, or course of treatment is covered by the
5-16 material in the booklet. Copies shall also be available to
5-17 any person upon request at a fee prescribed by the
5-18 joint-secretary board sufficient to cover the cost of
5-19 printing and distribution. The booklet shall be updated
5-20 and redistributed at such times as the board shall deem
5-21 necessary.
5-22 (h) The board shall have the authority to contract with
5-23 medical associations or other professionally qualified
5-24 organizations to conduct impaired physicians programs.
5-25 (i) Upon the approval of the Office of Planning and
5-26 Budget, the board shall have the authority to enter into
5-27 such contracts as are deemed necessary to assist it in
5-28 carrying out its duties as required by this chapter or
5-29 rules and regulations promulgated by the board; provided,
5-30 however, that the board shall not enter into exclusive
5-31 contracts with medical associations or other organizations
5-32 for the purpose of conducting peer review.
5-33 (j) The provisions of Chapter 1 and Chapter 1A of this
5-34 title shall not apply to the Composite State Board of
5-35 Medical Examiners or to the regulation of physicians,
5-36 physician's assistants, and respiratory care; provided,
5-37 however, that the board shall be authorized to provide
5-38 point credit for veterans taking an examination under this
5-39 chapter the same as allowed in Chapter 1 of this title or
5-40 under other rules or conditions."
-5-
6- 1 SECTION 3.
6- 2 Said chapter is further amended by striking in its entirety
6- 3 Code Section 43-34-22, relating to the composition of the
6- 4 State Board of Medical Examiners, which reads as follows:
6- 5 "43-34-22.
6- 6 The members of the State Board of Medical Examiners shall
6- 7 serve for terms of four years each and until successors
6- 8 are appointed and qualified. All reappointments and new
6- 9 appointments shall be made so that the various geographic
6-10 regions of the state shall be represented. Any vacancy
6-11 that may occur in the board as a result of death,
6-12 resignation, removal from the state, or other cause shall
6-13 be filled for the unexpired term in the same manner as
6-14 regular appointments are made.",
6-15 and inserting in lieu thereof the following:
6-16 "43-34-22.
6-17 (a) The Governor is authorized to appoint any person who
6-18 is otherwise qualified as provided in this chapter to
6-19 serve as a member of the board for a regular term or for
6-20 an unexpired term notwithstanding the fact that the
6-21 Governor is required to appoint members from a list of
6-22 nominees submitted by state medical associations.
6-23 (b) Each person appointed by the Governor as a member of
6-24 the board shall be confirmed by the Senate, and any such
6-25 appointment made when the Senate is not in session shall
6-26 be effective until the appointment is acted upon.
6-27 (c) The Governor, after notice and opportunity for
6-28 hearing, may remove from office any member of the board
6-29 for any of the following:
6-30 (1) Inability or neglect to perform the duties required
6-31 of members;
6-32 (2) Incompetence; or
6-33 (3) Dishonest conduct.
6-34 43-34-22.1.
6-35 The members of the Composite State Board of Medical
6-36 Examiners shall serve for terms of four years each and
6-37 until successors are appointed and qualified. All
6-38 reappointments and new appointments shall be made so that
6-39 the various geographic regions of the state shall be
-6-
7- 1 represented. Public notice of a vacancy on the board
7- 2 shall be given prior to any new appointment or
7- 3 reappointment. Any vacancy that may occur on the board as
7- 4 a result of death, resignation, removal from the state, or
7- 5 other cause shall be filled for the unexpired term in the
7- 6 same manner as regular appointments are made."
7- 7 SECTION 4.
7- 8 Said chapter is further amended by striking Code Section
7- 9 43-34-24, relating to the election of members of the
7-10 Composite State Board of Medical Examiners and reimbursement
7-11 of members, and inserting in lieu thereof a new Code Section
7-12 43-34-24 to read as follows:
7-13 "43-34-24.
7-14 (a) Immediately after the appointment and qualification of
7-15 the members, the board shall meet and organize and shall
7-16 elect a president, and vice-president, and
7-17 secretary-treasurer. The board shall operate under the
7-18 terms of Chapter 1 of this title, providing for a
7-19 joint-secretary; and the joint-secretary shall serve the
7-20 board as provided by law this chapter and the rules and
7-21 regulations promulgated by the board. Each member of the
7-22 board shall be reimbursed as provided for in subsection
7-23 (f) of Code Section 43-1-2 may receive the same expense
7-24 allowance as that received by members of the General
7-25 Assembly and the same mileage allowance for the use of a
7-26 personal car as that received by all other state officials
7-27 and employees or a travel allowance of actual
7-28 transportation cost if traveling by public carrier within
7-29 the state. Any board member shall also be reimbursed for
7-30 any conference or meeting registration fee incurred in the
7-31 performance of his or her duties as a board member. For
7-32 each day's service outside of the state as a board member,
7-33 such member shall receive actual expenses as an expense
7-34 allowance as well as the same mileage allowance for the
7-35 use of a personal car as that received by other state
7-36 officials and employees or a travel allowance of actual
7-37 transportation cost if traveling by public carrier or by
7-38 rental motor vehicle. Expense vouchers submitted by
7-39 members of the board are subject to approval by the
7-40 president and the secretary-treasurer of the board.
7-41 (b) The board shall hold two regular meetings each year,
7-42 one in May or June and one in October. Call meetings may
7-43 be held at the discretion of the president. All meetings
-7-
8- 1 will be held at a location to be approved by the board.
8- 2 The board shall adopt a seal, which must be affixed to all
8- 3 licenses issued by the board.
8- 4 (c) A majority of the appointed members of the board shall
8- 5 constitute a quorum for the transaction of business by the
8- 6 board.
8- 7 (c)(d) The board shall from time to time adopt such rules
8- 8 and regulations as it may deem necessary for the
8- 9 performance of its duties and shall examine and pass upon
8-10 the qualifications of applicants for the practice of
8-11 medicine.
8-12 (d)(e) The board shall recommend to the Secretary of
8-13 State, and the Secretary of State may appoint,
8-14 professionally qualified persons to serve as members of
8-15 peer review committees.
8-16 (f)(1) The board may appoint an executive director and
8-17 such other employees and investigators as the board
8-18 deems necessary to assist it in carrying out its duties
8-19 as specified under this chapter. The board shall
8-20 determine the compensation and benefits for any such
8-21 personnel.
8-22 (2) Persons hired for the purpose of conducting
8-23 investigations for the board shall be designated as
8-24 investigators and any person so designated shall have
8-25 all the powers of a peace officer of this state when
8-26 engaged in the enforcement of this chapter or of any of
8-27 the laws creating or related to the board. Such
8-28 investigators shall be authorized, upon the written
8-29 approval of the president of the board, notwithstanding
8-30 Code Sections 16-11-126, 16-11-128, and 16-11-129, to
8-31 carry firearms of a caliber not greater than the
8-32 standard police .38 handgun. Any person designated as an
8-33 investigator within the meaning of this subsection shall
8-34 be considered to be a peace officer.
8-35 (g) The board is authorized to charge an examination fee,
8-36 license fee, license renewal fee, or similar fee and may
8-37 establish the amount of the fee to be charged. Each fee so
8-38 established shall be reasonable and shall be determined in
8-39 such a manner that the total amount of fees charged by the
8-40 board shall approximate the total of the direct and
8-41 indirect costs to the state of the operations of the
8-42 board. Fees may be refunded for good cause, as determined
8-43 by the board."
-8-
9- 1 SECTION 5.
9- 2 Said chapter is further amended by adding between Code
9- 3 Sections 43-34-24 and 43-34-25 a new Code Section 43-34-24.1
9- 4 to read as follows:
9- 5 "43-34-24.1.
9- 6 (a) It shall be the duty of the executive director to
9- 7 bring together and keep all records relating to the board,
9- 8 receive all applications for licenses, schedule the time
9- 9 and place for examinations and hearings, and issue
9-10 certificates upon the authority of the board. The
9-11 executive director may provide for inactive status
9-12 licenses for the board.
9-13 (b) Except as otherwise provided by law, the executive
9-14 director shall collect all fees required by law in
9-15 connection with the licensing of professionals under this
9-16 chapter and shall remit such fees to the Office of
9-17 Treasury and Fiscal Services for deposit into the general
9-18 fund of the state. Notwithstanding any other provision of
9-19 law, the executive director is authorized to retain all
9-20 funds received as collection fees for use in defraying the
9-21 cost of the collection of fees required under this
9-22 chapter; provided, however, that nothing in this Code
9-23 section shall be construed so as to allow the executive
9-24 director to retain any funds required by the Constitution
9-25 to be paid into the state treasury; and provided, further,
9-26 that the executive director shall comply with all
9-27 provisions of Part 1 of Article 4 of Chapter 12 of Title
9-28 45, the 'Budget Act,' except Code Section 45-12-92, prior
9-29 to expending any such funds.
9-30 (c) The executive director shall prepare and maintain a
9-31 roster containing the names and addresses of all current
9-32 licensees. A copy of such roster shall be available to
9-33 any person upon request at a fee prescribed by the
9-34 executive director sufficient to cover the cost of
9-35 printing and distribution. Information which shall be
9-36 treated as confidential and need not be disclosed without
9-37 the approval of the board shall include applications and
9-38 other personal information submitted by applicants;
9-39 information, favorable or unfavorable, submitted by a
9-40 reference source concerning an applicant; examination
9-41 questions and other examination materials; and board
9-42 deliberations with respect to an application, examination,
9-43 complaint, investigation, or disciplinary proceeding. The
-9-
10- 1 confidentiality of certain information pursuant to this
10- 2 subsection shall be an exception to Article 4 of Chapter
10- 3 18 of Title 50, except for entries regarding such
10- 4 information that may be contained in official board
10- 5 minutes.
10- 6 (d) All orders and processes of the board shall be signed
10- 7 and attested by the executive director in the name of the
10- 8 board with the seal of such board attached. Any notice or
10- 9 legal process necessary to be served upon the board may be
10-10 served upon the executive director."
10-11 SECTION 6.
10-12 Said chapter is further amended by striking subparagraph
10-13 (a)(1)(A) of Code Section 43-34-27, relating to license
10-14 requirement for persons engaged in practice of medicine, and
10-15 inserting in lieu thereof a new subparagraph (a)(1)(A) to
10-16 read as follows:
10-17 "(a)(1)(A) Any person who wishes to obtain the right
10-18 to practice medicine in this state and who was not,
10-19 prior to March 16, 1970, registered or licensed to
10-20 practice medicine, either by the State Board of
10-21 Medical Examiners or the State Board of Examiners in
10-22 Osteopathy, shall, before it shall be lawful for him
10-23 or her to practice medicine in this state, make
10-24 application to the board through the joint-secretary,
10-25 upon such forms and in such manner as shall be adopted
10-26 and prescribed by the board, and shall obtain from the
10-27 board a license to practice medicine. Any person who
10-28 practices medicine without first having obtained a
10-29 license shall be deemed to have violated this chapter.
10-30 All applicants for a license to practice medicine or
10-31 for a renewal of any such license which has been
10-32 revoked shall furnish the board with evidence of good
10-33 moral character. Applications from candidates to
10-34 practice medicine or surgery in any of its branches
10-35 shall be accompanied by proof that the applicant is a
10-36 graduate of one of the two four colleges of medicine
10-37 now existing in this state, or from some other legally
10-38 incorporated medical college or osteopathic college."
10-39 SECTION 7.
10-40 Said chapter is further amended by striking Code Section
10-41 43-34-32, relating to temporary licenses, and inserting in
10-42 lieu thereof a new Code Section 43-34-32 to read as follows:
-10-
11- 1 "43-34-32.
11- 2 The joint-secretary, with the approval of the president of
11- 3 the board, may in his its discretion issue a temporary
11- 4 license to an applicant, which license shall have the same
11- 5 force and effect as a permanent license until the next
11- 6 regular meeting of the board when the temporary license
11- 7 shall become void. A temporary license shall not be
11- 8 recorded."
11- 9 SECTION 8.
11-10 Said chapter is further amended by adding between Code
11-11 Sections 43-34-32 and 43-34-33 a new Code Section 43-34-32.1
11-12 to read as follows:
11-13 "43-34-32.1.
11-14 The board may provide for inactive status licenses."
11-15 SECTION 9.
11-16 Said chapter is further amended by striking subsection (b)
11-17 of Code Section 43-34-35, relating to the issuance of a
11-18 license upon presentation of evidence of required
11-19 qualifications and display of licenses, and inserting in
11-20 lieu thereof a new subsection (b) to read as follows:
11-21 "(b) It shall be the duty of the joint-secretary, under
11-22 the direction of the board, to aid Attorney General to
11-23 assist the board in the enforcement of this chapter and in
11-24 the prosecution of all persons charged with violations of
11-25 its provisions."
11-26 SECTION 10.
11-27 Said chapter is further amended by adding between Code
11-28 Sections 43-34-35 and 43-34-36 new Code Sections 43-34-35.1
11-29 and 43-34-35.2 to read as follows:
11-30 "43-34-35.1.
11-31 Each application for a license to practice medicine shall
11-32 include a question as to whether the applicant for such
11-33 license:
11-34 (1) Has had revoked, suspended, or otherwise sanctioned
11-35 any license issued to the applicant by any board or
11-36 agency in this state or any other state; or
11-37 (2) Was denied issuance of or, pursuant to disciplinary
11-38 proceedings, refused renewal of a license by any board
11-39 or agency in this state or any other state.
-11-
12- 1 Such question shall be answered under oath and the answer,
12- 2 if applicable, shall include the name of the board or
12- 3 agency which revoked, suspended, denied, refused renewal
12- 4 of, or otherwise sanctioned the license.
12- 5 43-34-35.2.
12- 6 (a) The executive director shall determine the expiration,
12- 7 renewal, and penalty dates for each license and
12- 8 certificate issued by the board which is subject to
12- 9 renewal. Before becoming effective, such expiration,
12-10 renewal, and penalty dates must be approved by the board.
12-11 (b) Each license and certificate issued by the board which
12-12 is subject to renewal shall be valid for up to two years
12-13 and shall be renewable biennially on the renewal date
12-14 established by the executive director and as approved by
12-15 the board.
12-16 (c) The executive director is authorized to adopt the
12-17 necessary rules and regulations to implement the biennial
12-18 renewal of licenses and certificates in such a manner as
12-19 to ensure that the number of renewals is reasonably evenly
12-20 distributed throughout each two-year period."
12-21 SECTION 11.
12-22 Said chapter is further amended by striking Code Section
12-23 43-34-36, relating to the recording of licenses with clerk
12-24 of the superior court, and inserting in lieu thereof a new
12-25 Code Section 43-34-36 to read as follows:
12-26 "43-34-36.
12-27 Before any person who obtains a license from the board may
12-28 lawfully practice medicine, he or she shall cause the
12-29 license to be recorded in the office of the clerk of the
12-30 superior court of the county in which he or she resides.
12-31 The license shall be recorded by the clerk in a book kept
12-32 for that purpose and shall be indexed in the name of the
12-33 person to whom the license is granted. The clerk's fee for
12-34 recording the license shall be the same as for recording a
12-35 deed. The clerk shall make a report to the joint-secretary
12-36 board, on December 31 of each year, of all licenses
12-37 registered with him the clerk. Each applicant receiving a
12-38 license from the board shall cause the same to be
12-39 registered within 30 days."
-12-
13- 1 SECTION 12.
13- 2 Said chapter is further amended by striking Code Section
13- 3 43-34-37, relating to the authority of the board to refuse a
13- 4 license to or to discipline a physician, and inserting in
13- 5 lieu thereof a new Code Section 43-34-37 to read as follows:
13- 6 "43-34-37.
13- 7 (a) The board shall have authority to refuse to grant a
13- 8 license to an applicant or to discipline a physician
13- 9 licensed under this chapter or any antecedent law upon a
13-10 finding by the board that the licensee or applicant has:
13-11 (1) Failed to demonstrate the qualifications or
13-12 standards for a license contained in this chapter or in
13-13 the rules and regulations of the board. It shall be
13-14 incumbent upon the applicant to demonstrate to the
13-15 satisfaction of the board that he or she meets all
13-16 requirements for the issuance of a license; and, if the
13-17 board is not satisfied as to the applicant's
13-18 qualifications, it shall not issue a license;
13-19 (2) Knowingly made misleading, deceptive, untrue, or
13-20 fraudulent representations in the practice of medicine
13-21 or in any document connected therewith, or practiced
13-22 fraud or deceit or intentionally made any false
13-23 statement in obtaining a license to practice medicine,
13-24 or made a false or deceptive biennial registration with
13-25 the board;
13-26 (3) Been convicted of a felony in the courts of this
13-27 state or any other state, territory, country, or of the
13-28 United States. As used in this paragraph, the term
13-29 'conviction of a felony' shall include a conviction of
13-30 an offense which if committed in this state would be
13-31 deemed a felony under either state or federal law,
13-32 without regard to its designation elsewhere. As used in
13-33 this paragraph, the term 'conviction' shall include a
13-34 finding or verdict of guilt, a plea of guilty, or a plea
13-35 of nolo contendere in a criminal proceeding, regardless
13-36 of whether the adjudication of guilt or sentence is
13-37 withheld or not entered thereon;
13-38 (4) Committed a crime involving moral turpitude, without
13-39 regard to conviction; the conviction of a crime
13-40 involving moral turpitude shall be evidence of the
13-41 commission of such crime. As used in this paragraph, the
13-42 term 'conviction' shall have the meaning prescribed in
-13-
14- 1 paragraph (3) of this subsection Been arrested, charged,
14- 2 and sentenced for the commission of any felony or any
14- 3 crime involving moral turpitude for which first offender
14- 4 treatment without adjudication of guilt pursuant to the
14- 5 charge was granted or an adjudication of guilt or
14- 6 sentence was otherwise withheld or not entered on the
14- 7 charge, except with respect to a plea of nolo
14- 8 contendere. An order entered pursuant to the provisions
14- 9 of Article 3 of Chapter 8 of Title 42 or any other first
14-10 offender treatment shall be conclusive evidence of
14-11 arrest and sentencing for such crime. For the purpose of
14-12 this chapter, a conviction or plea of guilty or of nolo
14-13 contendere to a charge or indictment by either federal
14-14 or state government for income tax evasion shall not be
14-15 considered a crime involving moral turpitude;
14-16 (5) Had his or her license to practice medicine revoked,
14-17 suspended, or annulled by any lawful licensing
14-18 authority; or had other disciplinary action taken
14-19 against him or her by any lawful licensing authority; or
14-20 was been denied a license by any lawful licensing
14-21 authority; or been refused the renewal of a license by
14-22 any such lawful licensing authority other than the
14-23 board, pursuant to disciplinary proceedings;
14-24 (6) Advertised for or solicited patients; obtained a fee
14-25 or other thing of value on the representation that a
14-26 manifestly incurable disease can be permanently cured;
14-27 or made untruthful or improbable statements, or
14-28 flamboyant or extravagant claims concerning his or her
14-29 professional excellence;
14-30 (7) Engaged in any unprofessional, unethical, deceptive,
14-31 or deleterious conduct or practice harmful to the
14-32 public, which conduct or practice need not have resulted
14-33 in actual injury to any person. As used in this
14-34 paragraph, the term 'unprofessional conduct' shall
14-35 include any departure from, or failure to conform to,
14-36 the minimal standards of acceptable and prevailing
14-37 medical practice and shall also include, but not be
14-38 limited to, the prescribing or use of drugs, treatment,
14-39 or diagnostic procedures which are detrimental to the
14-40 patient as determined by the minimal standards of
14-41 acceptable and prevailing medical practice or by rule of
14-42 the board;
14-43 (8) Performed, procured, or aided or abetted in
14-44 performing or procuring a criminal abortion;
-14-
15- 1 (9) Knowingly maintained a professional connection or
15- 2 association with any person who is in violation of this
15- 3 chapter or the rules or regulations of the board; or
15- 4 knowingly aided, assisted, procured, or advised any
15- 5 person to practice medicine contrary to this chapter or
15- 6 to the rules and regulations of the board; or knowingly
15- 7 performed any act which in any way aids, assists,
15- 8 procures, advises, or encourages aided, assisted,
15- 9 procured, advised, or encouraged any unlicensed person
15-10 or entity to practice medicine; or divided fees or
15-11 agreed to divide fees received for professional services
15-12 with any person, firm, association, corporation, or
15-13 other entity for bringing or referring a patient;
15-14 (10) Violated or attempted to violate a law, rule, or
15-15 regulation of this state, any other state, the board,
15-16 the United States, or any other lawful authority without
15-17 regard to whether the violation is criminally
15-18 punishable, which law, rule, or regulation relates to or
15-19 in part regulates the practice of medicine, when the
15-20 licensee or applicant knows or should know that such
15-21 action is violative of such law, rule, or regulation; or
15-22 violated a lawful order of the board, previously entered
15-23 by the board in a disciplinary hearing;
15-24 (11) Committed any act or omission which is indicative
15-25 of bad moral character or untrustworthiness;
15-26 (12) Been adjudged mentally incompetent by a court of
15-27 competent jurisdiction, within or outside this state.
15-28 Any such adjudication shall automatically suspend the
15-29 license of any such person and shall prevent the
15-30 reissuance or renewal of any license so suspended for as
15-31 long as the adjudication of incompetence is in effect
15-32 unless the board, upon a finding that the licensee is
15-33 mentally competent, orders otherwise. Any applicant who
15-34 has been so adjudged to be mentally incompetent shall
15-35 not receive a license unless the board, upon a finding
15-36 that the applicant is mentally competent, orders
15-37 otherwise; or
15-38 (13) Become unable to practice medicine with reasonable
15-39 skill and safety to patients by reason of illness or use
15-40 of alcohol, drugs, narcotics, chemicals, or any other
15-41 type of material, or as a result of any mental or
15-42 physical condition subject to the following:.
-15-
16- 1 (A) In enforcing this paragraph the board may, upon
16- 2 reasonable grounds, require a licensee or applicant to
16- 3 submit to a mental or physical examination by
16- 4 physicians designated by the board. The results of
16- 5 such examination shall be admissible in any hearing
16- 6 before the board, notwithstanding any claim of
16- 7 privilege under a contrary rule of law or statute,
16- 8 including, but not limited to, Code Section 24-9-21.
16- 9 Every person who shall accept the privilege of
16-10 practicing medicine in this state or who shall file an
16-11 application for a license to practice medicine in this
16-12 state shall be deemed to have given his or her consent
16-13 to submit to such mental or physical examination and
16-14 to have waived all objections to the admissibility of
16-15 the results in any hearing before the board, upon the
16-16 grounds that the same constitutes a privileged
16-17 communication. If a licensee or applicant fails to
16-18 submit to such an examination when properly directed
16-19 to do so by the board, unless such failure was due to
16-20 circumstances beyond his or her control, the board may
16-21 enter a final order upon proper notice, hearing, and
16-22 proof of such refusal. Any licensee or applicant who
16-23 is prohibited from practicing medicine under this
16-24 paragraph shall at reasonable intervals be afforded an
16-25 opportunity to demonstrate to the board that he or she
16-26 can resume or begin the practice of medicine with
16-27 reasonable skill and safety to patients.;
16-28 (B) For the purposes of this paragraph, the board may
16-29 obtain through subpoena by the executive director or
16-30 president of the board, upon reasonable grounds,
16-31 obtain any and all records relating to the mental or
16-32 physical condition of a licensee or applicant,
16-33 including psychiatric records; and such records shall
16-34 be admissible in any hearing before the board,
16-35 notwithstanding any privilege under a contrary rule of
16-36 law or statute, including, but not limited to, Code
16-37 Section 24-9-21. Every person who shall accept the
16-38 privilege of practicing medicine in this state or who
16-39 shall file an application to practice medicine in this
16-40 state shall be deemed to have given his or her consent
16-41 to the board's obtaining any such records and to have
16-42 waived all objections to the admissibility of such
16-43 records in any hearing before the board, upon the
16-44 grounds that the same constitute a privileged
16-45 communication.; and
-16-
17- 1 (C) If any licensee or applicant could, in the absence
17- 2 of this paragraph, invoke a privilege to prevent the
17- 3 disclosure of the results of the examination provided
17- 4 for in subparagraph (A) of this paragraph or the
17- 5 records relating to the mental or physical condition
17- 6 of such licensee or applicant obtained pursuant to
17- 7 subparagraph (B) of this paragraph, all such
17- 8 information shall be received by the board in camera
17- 9 and shall not be disclosed to the public, nor shall
17-10 any part of the record containing such information be
17-11 used against any licensee or applicant in any other
17-12 type of proceeding; or
17-13 (14) Failed to comply with an order for child support as
17-14 defined by Code Section 19-11-9.3; it shall be incumbent
17-15 upon the applicants or licensee to supply a notice of
17-16 release to the board from the child support agency
17-17 within the Department of Human Resources indicating that
17-18 such applicant or licensee has come into compliance with
17-19 an order for child support so that a license may be
17-20 issued or granted if all other conditions for licensure
17-21 are met.
17-22 (b)(1) When the board finds that any person is
17-23 unqualified to be granted a license or finds that any
17-24 person should be disciplined pursuant to subsection (a)
17-25 of this Code section, the board may take any one or more
17-26 of the following actions:
17-27 (A) Refuse to grant a license to an applicant;
17-28 (B) Administer a public or private reprimand, provided
17-29 that a private reprimand shall not be disclosed to any
17-30 person except the licensee;
17-31 (C) Issue a letter of concern, provided that the
17-32 letter shall not be disclosed to any person except the
17-33 licensee or applicant;
17-34 (C)(D) Suspend any license for a definite period;
17-35 (D)(E) Limit or restrict any license;
17-36 (E)(F) Revoke any license; or
17-37 (F)(G) Condition the penalty, or withhold formal
17-38 disposition, upon the physician's submission to the
17-39 care, counseling, or treatment of physicians or other
17-40 professional persons, and the completion of such care,
17-41 counseling, or treatment, as directed by the board;.
-17-
18- 1 (H) Impose a fine not to exceed $500.00 for each
18- 2 violation of a law, rule, or regulation relating to
18- 3 the practice of medicine; or
18- 4 (I) Impose on a licensee or applicant fees or charges
18- 5 in an amount necessary to reimburse the board for the
18- 6 administrative and legal costs incurred by the board
18- 7 in conducting an investigative or disciplinary
18- 8 proceeding.
18- 9 (2) In addition to and in conjunction with the actions
18-10 enumerated pursuant to paragraph (1) of this subsection,
18-11 the board may make a finding adverse to the licensee or
18-12 applicant but withhold imposition of judgment and
18-13 penalty; or it may impose the judgment and penalty but
18-14 suspend enforcement thereof and place the physician on
18-15 probation, which probation may be vacated upon
18-16 noncompliance with such reasonable terms as the board
18-17 may impose.
18-18 (c) The provisions of Chapter 13 of Title 50, the 'Georgia
18-19 Administrative Procedure Act,' with respect to emergency
18-20 action by a state examining board and the summary
18-21 suspension of a license are adopted and incorporated by
18-22 reference into this Code section.
18-23 (d) The voluntary surrender of a license or the failure to
18-24 renew a license by the end of an established penalty
18-25 period shall have the same effect as a revocation of such
18-26 license, subject to reinstatement of such license in the
18-27 discretion of the board. The board may restore and
18-28 reissue a license and, as a condition thereof, may impose
18-29 any disciplinary sanction provided by this Code section or
18-30 the rules and regulations of the board.
18-31 (c)(e) In its discretion, the board may restore reinstate
18-32 and reissue a license to practice medicine issued under
18-33 this chapter or any antecedent law and, as a condition
18-34 thereof, may impose any disciplinary or corrective measure
18-35 provided in this chapter.
18-36 (d)(f) The joint-secretary board is vested with the power
18-37 and authority to make, or cause to be made through
18-38 employees or agents of the board, such investigations as
18-39 he or she, or the board, or any district attorney may deem
18-40 necessary or advisable in the enforcement of this chapter.
18-41 Any person properly conducting an investigation on behalf
18-42 of the board shall have access to and may examine any
18-43 writing, document, or other material, except that as to
-18-
19- 1 which privilege has not been denied or deemed waived by
19- 2 this chapter, and which is deemed by the president of the
19- 3 board, or vice-president if the president is not
19- 4 available, to be related to the fitness of any licensee or
19- 5 applicant to practice medicine. The joint-secretary
19- 6 executive director or the president of the board, or
19- 7 vice-president if the president is not available, may
19- 8 issue subpoenas to compel such access. When a subpoena is
19- 9 disobeyed, the board may apply to the superior court of
19-10 the county where the person to whom the subpoena is issued
19-11 resides for an order requiring obedience. Failure to
19-12 comply with such order shall be punishable as for contempt
19-13 of court. The results of any investigations whatsoever
19-14 shall be reported only to the board, and the records of
19-15 such investigations shall be kept by the board; no part of
19-16 any such record shall be released for any purpose other
19-17 than a hearing before the board; nor shall such records be
19-18 subject to subpoena.
19-19 (e)(g) In any hearing to determine a licensee's or
19-20 applicant's fitness to practice medicine, any record
19-21 relating to any patient of the licensee or applicant shall
19-22 be admissible into evidence, regardless of any statutory
19-23 privilege which such patient might otherwise be able to
19-24 invoke. In addition, no such patient may withhold
19-25 testimony bearing upon a licensee's or applicant's fitness
19-26 to practice medicine on the ground of privilege between
19-27 such licensee or applicant and such patient. Any testimony
19-28 or written evidence relating to a patient of a licensee or
19-29 applicant or to the record of any such patient shall be
19-30 received by the board in camera and shall not be disclosed
19-31 to the public.
19-32 (f)(h) In any hearing in which the fitness of a licensee
19-33 or applicant to practice medicine is in question, the
19-34 board may exclude all persons from its deliberation of the
19-35 appropriate action to be taken and may, when in its
19-36 discretion it deems it necessary, speak to a licensee or
19-37 applicant in private.
19-38 (g)(i) This Code section is enacted in the public welfare
19-39 and shall be liberally construed.
19-40 (h)(j) A person, partnership, firm, corporation,
19-41 association, authority, or other entity shall be immune
19-42 from civil and criminal liability for reporting or
19-43 investigating the acts or omissions of a licensee or
19-44 applicant which violate the provisions of subsection (a)
-19-
20- 1 of this Code section or any other provisions of law
20- 2 relating to a licensee's or applicant's fitness to
20- 3 practice medicine or for initiating or conducting
20- 4 proceedings against such licensee or applicant, if such
20- 5 report is made or action is taken in good faith without
20- 6 fraud or malice. Any person who testifies in good faith
20- 7 without fraud or malice before the board in any proceeding
20- 8 involving a violation of subsection (a) of this Code
20- 9 section or any other law relating to a licensee's or
20-10 applicant's fitness to practice medicine, or who makes a
20-11 recommendation to the board in the nature of peer review,
20-12 shall be immune from civil and criminal liability for so
20-13 testifying.
20-14 (i)(k) The board shall investigate a licensee's fitness to
20-15 practice medicine if the board has received regarding that
20-16 licensee a notification, pursuant to Code Section 33-3-27,
20-17 of a medical malpractice judgment or settlement in excess
20-18 of $100,000.00 or a notification pursuant to Code Section
20-19 33-3-27 that there have been two or more previous
20-20 judgments against or settlements with the licensee
20-21 relating to the practice of medicine. Every licensee shall
20-22 notify the board of any settlement involving the licensee
20-23 and relating to the practice of medicine in excess of
20-24 $20,000.00.
20-25 (l) This Code section shall apply equally to all licensees
20-26 or applicants for licensure whether individuals, partners,
20-27 or members of any other incorporated or unincorporated
20-28 associations, corporations, limited liability companies,
20-29 or other associations of any kind whatsoever.
20-30 (m) Any licensed individual who is convicted under the
20-31 laws of this state, the United States, or any other state,
20-32 territory, or country of a felony as defined in paragraph
20-33 (3) of subsection (a) of this Code section shall be
20-34 required to notify the board of the conviction within ten
20-35 days of the conviction. The failure of a licensed
20-36 individual to notify the board of a conviction shall be
20-37 considered grounds for revocation of his or her license or
20-38 registration to practice medicine pursuant to this
20-39 chapter.
20-40 (n) Notwithstanding any provision of this Code section to
20-41 the contrary, the licensing boards of those other health
20-42 care professionals licensed under this title or Title 26
20-43 shall have original authority and jurisdiction over their
20-44 licensees. The Composite State Board of Medical Examiners
-20-
21- 1 shall have secondary authority and jurisdiction over such
21- 2 other licensees only when the complaint involves the
21- 3 practice of medicine without a license. In such cases,
21- 4 the board shall have authority to investigate the
21- 5 complaint, seek equitable relief as provided in Code
21- 6 Section 43-34-43, and refer the case to the appropriate
21- 7 law enforcement agency for prosecution."
21- 8 SECTION 13.
21- 9 Said chapter is further amended by adding between Code
21-10 Sections 43-34-37 and 43-34-38 new Code Sections 43-34-37.1,
21-11 43-34-37.2, and 43-34-37.3 to read as follows:
21-12 "43-34-37.1.
21-13 (a) Notwithstanding any other provisions of the law to the
21-14 contrary, after notice and hearing, the board may issue a
21-15 cease and desist order prohibiting any person from
21-16 violating the provisions of this chapter by engaging in
21-17 the practice of medicine without a license.
21-18 (b) The violation of any cease and desist order of the
21-19 board issued under subsection (a) of this Code section
21-20 shall subject the person violating the order to further
21-21 proceedings before the board, and the board shall be
21-22 authorized to impose a fine not to exceed $500.00 for each
21-23 transaction constituting a violation thereof. Each day
21-24 that a person practices in violation of this chapter shall
21-25 constitute a separate violation.
21-26 (c) Initial judicial review of the decision of the board
21-27 entered pursuant to this Code section shall be available
21-28 solely in the superior court of the county of domicile of
21-29 the board. The court may assess reasonable and necessary
21-30 attorney's fees and expenses of litigation in any such
21-31 review if, upon the motion of any party or the court
21-32 itself, it finds that an attorney or any party aggrieved
21-33 by an action of the board appealed such action of the
21-34 board or any part thereof when such appeal lacked
21-35 substantial justification. As used in this subsection,
21-36 'lacked substantial justification' means substantially
21-37 frivolous, groundless, or vexatious.
21-38 (d) Nothing in this Code section shall be construed to
21-39 prohibit the board from seeking remedies otherwise
21-40 available by statute without first seeking a cease and
21-41 desist order in accordance with the provisions of this
21-42 Code section.
-21-
22- 1 43-34-37.2.
22- 2 The executive director is authorized to provide to any
22- 3 lawful licensing authority of this or any other state upon
22- 4 inquiry by such authority information regarding a past or
22- 5 pending investigation of or disciplinary sanction against
22- 6 any applicant for licensure by or licensee of the board
22- 7 notwithstanding the provisions of subsections (f) through
22- 8 (h) of Code Section 43-34-37 or any other law to the
22- 9 contrary regarding the confidentiality of that
22-10 information. Nothing in this Code section or chapter
22-11 shall be construed to prohibit or limit the authority of
22-12 the executive director to disclose to any person or entity
22-13 information concerning the existence of any investigation
22-14 for unlicensed practice being conducted against any person
22-15 who is not licensed or is not an applicant for licensure
22-16 by the board.
22-17 43-34-37.3.
22-18 Any person licensed by the board and who practices a
22-19 'profession,' as defined in Chapter 7 of Title 14, the
22-20 'Georgia Professional Corporation Act,' or who renders
22-21 'professional services,' as defined in Chapter 10 of Title
22-22 14, 'The Professional Association Act,' whether such
22-23 person is practicing or rendering services as a
22-24 proprietorship, partnership, professional corporation,
22-25 professional association, other corporation, limited
22-26 liability company, or any other business entity, shall
22-27 remain subject to regulation by the board, and such
22-28 practice or rendering of services in that business entity
22-29 shall not change the law or existing standards applicable
22-30 to the relationship between that person rendering a
22-31 professional service and the person receiving such
22-32 service, including but not limited to the rules of
22-33 privileged communication and the contract, tort, and other
22-34 legal liabilities and professional relationships between
22-35 such persons."
22-36 SECTION 14.
22-37 Said chapter is further amended by striking in its entirety
22-38 Code Section 43-34-38, relating to prior notice and hearing
22-39 in disciplinary proceedings, and inserting in lieu thereof a
22-40 new Code Section 43-34-38 to read as follows:
-22-
23- 1 "43-34-38.
23- 2 (a) A notice of hearing, initial or recommended decision,
23- 3 or final decision of the board in a disciplinary
23- 4 proceeding shall be served personally upon the licensee or
23- 5 applicant for licensure or shall be served by certified
23- 6 mail, return receipt requested, to the last known address
23- 7 for the licensee or applicant for licensure contained in
23- 8 the files of the board. If such material is served by
23- 9 certified mail and is returned marked 'unclaimed' or
23-10 'refused' or is otherwise undeliverable and if the
23-11 licensee or applicant cannot, after diligent effort, be
23-12 located, the executive director shall be deemed to be the
23-13 agent for service for such licensee or applicant for
23-14 purposes of this Code section, and service upon the
23-15 executive director shall be deemed to be service upon the
23-16 licensee or applicant.
23-17 (b) Proceedings before the board wherein a licensee's
23-18 right to practice medicine in this state is terminated,
23-19 suspended, or limited or wherein a public reprimand is
23-20 administered shall require prior notice to the licensee as
23-21 provided in subsection (a) of this Code section and an
23-22 opportunity for hearing; and such proceedings shall be
23-23 considered contested cases within the meaning of Chapter
23-24 13 of Title 50, the 'Georgia Administrative Procedure
23-25 Act.' Neither refusal of a license nor a private reprimand
23-26 nor a letter of concern shall be considered a contested
23-27 case within the meaning of Chapter 13 of Title 50, and
23-28 notice and hearing within the meaning of such chapter
23-29 shall not be required; but the provided, however, that an
23-30 applicant physician for licensure shall be allowed to
23-31 appear before the board if he so requests prior to the
23-32 board making a final decision regarding the denial of the
23-33 application for licensure. The power to subpoena as set
23-34 forth in Chapter 13 of Title 50 shall include the power to
23-35 subpoena any book, writing, paper, or document. If any
23-36 licensee or applicant for licensure fails to appear at any
23-37 hearing after reasonable notice, the board may proceed to
23-38 hear the evidence against such licensee or applicant for
23-39 licensure and take action as if such licensee had been
23-40 present."
23-41 SECTION 15.
23-42 Said chapter is further amended by striking Code Section
23-43 43-34-39, relating to the duty of the joint-secretary to
23-44 transmit a copy of revocation order to the clerk of superior
-23-
24- 1 court, and inserting in lieu thereof a new Code Section
24- 2 43-34-39 to read as follows:
24- 3 "43-34-39.
24- 4 In all cases wherein a license has been revoked and no
24- 5 appeal has been entered within the time allowed by law, it
24- 6 shall be the duty of the joint-secretary board,
24- 7 immediately after the expiration of the time allowed for
24- 8 appeal, to transmit to the clerk of the superior court in
24- 9 whose office the revoked license is recorded a copy of the
24-10 order of the board revoking the license, certified by the
24-11 joint-secretary secretary-treasurer of the board, with the
24-12 appropriate fee; and it shall be the duty of the clerk to
24-13 cancel the record of the license by entering upon the face
24-14 thereof a copy of the certified order. In a case in which
24-15 appeal proceedings are had and not sustained, the revoked
24-16 license shall be canceled in the manner above provided,
24-17 immediately after the final termination of such case."
24-18 SECTION 16.
24-19 Said chapter is further amended by adding following Code
24-20 Section 43-34-46 a new Code Section 43-34-47 to read as
24-21 follows:
24-22 "43-34-47.
24-23 The venue of any action involving the members of the board
24-24 shall be governed by the laws of this state pertaining to
24-25 venue. The executive director shall not be considered a
24-26 member of the board in determining the venue of any such
24-27 action, and no court shall have jurisdiction of any such
24-28 action solely by virtue of the executive director residing
24-29 or maintaining a residence within its jurisdiction."
24-30 SECTION 17.
24-31 This Act shall become effective July 1, 2000.
24-32 SECTION 18.
24-33 All laws and parts of laws in conflict with this Act are
24-34 repealed.
-24-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99
