Georgia Administrative Code

(1) A health care professional who participates in the PHP shall bear all costs associated with such participation and shall be fully accountable to the Board for his/her professional practice during the period of PHP treatment. (2) A health care professional who is referred to o…

(1) Notwithstanding the provisions of Code Sections 43-34-7 and 43-34-8, the Board shall be authorized to provide pertinent information regarding health care professionals, as determined by the Board and in its sole discretion, to an entity for its purposes in conducting a PHP. (…

(1) Any entity that contracts with the Board for a PHP shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, for the performance of any functions or duties under the contract if performed in accordance with the terms of such contract …

The Board's standard protocol template is available at www.medicalboard.georgia.gov.

(1) The Composite State Board of Medical Examiners shall appoint the Patient Qualification Review Board. Each member of the Review board shall be approved for such membership by a majority vote of the Composite Board. The Review board shall consist of: (a) a Board certified physi…

As used in these rules, the following shall mean: (a) "Composite Board" means the Composite State Board of Medical Examiners established pursuant to Code Chapter 84-9, as now or hereafter amended; (b) "marijuana" means marijuana or tetrahydrocannabinol, as defined or listed in th…

(1) Such patients are defined as: (a) Cancer patients involved in a life-threatening situation in which treatment by chemotherapy or radiology has produced severe side effects; or (b) glaucoma patients who are not responding to conventional controlled substances; (2) No patient m…

The Review Board shall additionally certify pharmacies which are licensed by the State and which are otherwise qualified, and physicians regarding the distribution of marijuana pursuant to the provisions of Code Section 84-906A.

(1) Procedures and methods shall be as follows: (a) A physician requesting that his patient be included in this study must submit an application and notify the Patient Qualification Review Board that there is in the medical record a copy of the biopsy report and a consultation re…

(1) To be eligible for Board certification, an applicant must: (a) provide an affidavit and a secure and verifiable document in accordance with O.C.G.A. 50-36-1(f). An affidavit that the applicant is a United States citizen, a legal permanent resident of the United States, or tha…

(1) The application form shall be completed according to the instructions provided in the application. (2) Applications must be complete, including all required documentation, signatures and seals. Application files are not considered completed until all information, including fe…

(1) Any person who has been granted certification, registration, licensure or other to practice respiratory care in another state may petition the Board for reciprocity in Georgia. (2) Verification by oath of certification, registration, licensure or other to practice respiratory…

(1) A certificate holder shall notify the Board in writing within 30 days after the certificate holder's name is legally changed. At the time of notification, the certificate holder shall submit a certified copy of the official document evidencing the name change. If the name cha…

(1) Duplicate certificates may be issued upon approval by the Board if the original certificate is lost, stolen, or destroyed, or if the certificate holder has had a legal change of name. (2) To request a duplicate certificate, the certificate holder must submit a notarized appli…

(1) Certificates will expire on the last day of the month in which the applicant's birthday falls. (2) Approximately 60 days prior to the expiration date, the Board may, as a courtesy, email a notice for renewal of certificate to the certificate holder's last email address on fil…

(1) A person who wishes to maintain his or her certificate as a Respiratory Care Professional, but who does not intend to practice respiratory care may apply to the Board for inactive status by submitting an application and the fee. An individual with an inactive certificate may …

(1) A minimum of two (2) years shall pass from the date of any revocation of a certificate before the Board will consider an application for reinstatement. This requirement shall only apply to those instances in which the certificate in question was revoked for reasons other than…

(1) Any applicant for renewal of a certificate to practice Respiratory Care who has been initially licensed by examination for less than two years shall not be required to complete the continuing education hours in order to renew the certificate for the first time. However, for t…

Any person practicing respiratory care, or representing himself or herself as a certified respiratory care professional, who does not possess a valid certificate or temporary permit from the Board, and who is not exempt under O.C.G.A. 43-34-151(b), shall be guilty of a misdemeano…

(1) Unless certified pursuant to O.C.G.A. Title 43, Chapter 34, Article 6, no person shall: (a) Practice respiratory care; or (b) Represent himself or herself to be a respiratory care professional who is certified pursuant to O.C.G.A. § 43-34-151. (2) The prohibition in subsectio…

(1) The Respiratory Care Advisory Committee shall be comprised as follows: (a) At least four (4) individuals who are certified in Georgia to engage in the practice of respiratory care and such other individuals as the Board, in its discretion, may determine. 1. All appointees to …

Any certificate holder shall notify the Board within 30 days of becoming unable to practice respiratory care with reasonable skill and safety by reason of illness or the use of alcohol, drugs, narcotics, chemicals or any other type of material.

All respiratory care professionals certified to practice in the State of Georgia shall comply with the Consumer Information and Awareness Act, O.C.G.A. Section 43-1-33, in all advertisements and interactions with patients. For purposes of this rule and the Consumer Information an…

The purpose of these rules is to establish the standards for physician compliance with and the standards necessary to implement Code Section 31-9-6.1 of the Official Code of Georgia Annotated (O.C.G.A.) including enforcement thereof through disciplinary action, and to inform all …

As used in this Chapter: (1) "Contrast materials" means a non-physiologically occurring molecular compound used to produce density differences in tissues, organs, or vessels to permit visualization of the imaging of such internal bodily structures. (2) "Direct orders" means order…

Except as otherwise provided in Code Section 31-9-6.1 and these rules, and in particular the exceptions outlined in Code Section 31-9-6.1(e), a person who undergoes any of the following surgical or diagnostic procedures to be performed on or after January 1, 1989, must consent to…

(1) Except as otherwise provided in Code Section 31-9-6.1 and these rules, a person who undergoes a major surgical or diagnostic procedure shall be informed in general terms of each of the following: (a) The diagnosis of the patient's condition requiring such proposed surgical or…

(1) (a) When a responsible physician is required to ensure that consent to a major surgical or diagnostic procedure is obtained and that certain information is provided in connection therewith, such requirement shall have been complied with if accomplished through the use of the …

The disclosure of information and the consent required by these rules shall not be required in connection with a major surgical or diagnostic procedure if: (a) An emergency exists as defined in Code Section 31-9-3; (b) The surgical or diagnostic procedure is generally recognized …

(1) Physicians licensed to practice medicine pursuant to O.C.G.A. 43-34-26 shall complete Board approved continuing education of not less than 40 hours biennially, with the following exceptions: (a) Physicians enrolled in full time graduate medical education programs (residencies…

(1) Physicians will be required to answer questions on their biennial renewal form which establish either compliance or eligibility for exception pursuant to Rule 360-15-.01(1). Physicians will not be required to send documentation of compliance with continuing education requirem…

Medical licenses (M.D. and D.O.) will expire on the last day of the month in which the applicant's birthday falls. Medical licenses must be renewed biennially by the last day of the month in which the applicant's birthday falls. The licensee must satisfy Board approved continuing…

All communications, including correspondence, motions, and pleadings, shall be filed with the Georgia Composite Medical Board. Copies shall be furnished to all parties of record, including the attorney representing the State. An original and one duplicate of all correspondence, m…

All communications, correspondence, motions and pleadings in any proceedings shall be deemed to be filed or received on the date on which they are actually received by the Georgia Composite Medical Board.

Computation of any period of time referred to in these rules shall begin with the first day following that on which the act which initiates such period of time occurs. When the last day of the period so computed is a day on which the Georgia Composite Medical Board is closed; the…

It shall be within the discretion of the presiding officer to extend, for good cause shown, any time limit prescribed or allowed by these rules. All requests for an extension should be made by a motion in accordance with 360-19-.01 and shall indicate therein whether all parties c…

Every notice, pleading, petition, motion or other document filed by a party, represented by an attorney other than the Agency, shall be signed by at least one attorney of record in his individual name and his address and telephone number shall be stated. A party who is not repres…

No person not employed by the Georgia Composite Medical Board shall communicate ex-parte with the presiding officer, any member of the Board or any employee of the Board involved in the decisional process with respect to the merits of a contested case. If any ex-parte communicati…

(1) The hearing in a contested case shall be commenced by the agency's filing of a notice of hearing directed to the respondent, or respondents. (2) Every pleading or other paper submitted for filing in a contested case, to the extent possible, shall contain the following: (a) A …

The party to whom a notice of hearing is directed must file with the agency an answer within fourteen (14) days after service of the notice of hearing. All allegations contained in the notice or hearing which are not specifically admitted are deemed denied.

A reply to the answer shall not be permitted and any new matters asserted in the answer shall be deemed denied.

Any party, including the agency, may amend any pleading or notice without leave of the agency until the eighth day prior to the date set for the hearing on the matter. Thereafter a party may amend his pleadings only by leave of the Board or its designee, and leave shall be freely…

(1) An application to the agency for an order to take any action or to enter any order shall be made by motion which, unless made during the hearing, shall be made in writing, shall state specifically the grounds therefor, and shall set forth the action or order sought. A copy of…