Georgia Administrative Code

A motion for more definite statement shall be filed and ruled upon pursuant to Rule 360-5-.01.

Proceedings before the agency shall be conducted as expeditiously as possible, with due regard to the rights of the parties. In contested cases before the Georgia Composite Medical Board, upon issuance of a notice of hearing, the procedures set forth in this chapter and Chapters …

(1) The parties shall within a reasonable time prior to the commencement of the hearing, but at least ten (10) days prior to the hearing, exchange lists of the names, addresses, and phone numbers of witnesses, including experts, whom each party expects to call or may call on its …

Except as may be expressly authorized by these rules or by statute, no other forms of pre-hearing discovery shall be authorized or permitted including, but not limited to the following: interrogatories; requests for production of documents and things; requests for physical or men…

(1) An applicant for a medical license must provide: (a) An affidavit that the applicant is a United States citizen, a legal permanent resident of the United States, or that he/she is a qualified alien or non-immigrant under the Federal Immigration and Nationality Act. If the app…

(1) Applicants applying to take USMLE Step 3 through Georgia are required to submit an application directly to the Federation of State Medical Boards (FSMB) on forms approved by the Board. (2) Applicants must furnish the following evidence to the FSMB: (a) Evidence of graduation …

Temporary licenses may be issued to an applicant at the discretion of the Executive Director, with the approval of the Chairperson of the Board. Such licenses shall have the effect of a permanent license until the next regular Board meeting, when the temporary license shall becom…

(1) Duplicate licenses may be issued upon approval by the Board if the original license is lost, stolen, or destroyed, or if the licensee has had a legal change of name. Duplicate licenses are not issued for satellite offices. (2) To request a duplicate license, the licensee must…

(1) Each licensee shall notify the Board within thirty (30) days, in writing, of all changes of address. An email notice from the Board shall be considered to be served on the licensee when sent to the licensee's email address on file with the Board. The Board does not mail renew…

(1) Licensee who wishes to maintain his or her medical license but who does not wish to practice medicine and surgery in this State may apply to the Board for inactive status by submitting an application and the fee. A licensee with an inactive license may not practice medicine i…

(1) A minimum of two (2) years shall pass from the date of any revocation of a license before the Board will consider an application for reinstatement. If the Board denies any application for reinstatement, the Board may require that a minimum of two (2) years pass from the date …

(1) Definitions. (a) For the purposes of this rule a not for profit or non-profit agency, institution, corporation or association is one that exempt from federal taxation and provides medical services for indigent patients in this State. (b) Medically underserved areas/medically …

(1) Definitions. (a) "ACGME" means Accreditation Council for Graduate Medical Education. (b) "AMA" means American Medical Association. (c) "AOA" means the American Osteopathic Association. (d) "Application" means an application form completed according to the instructions provide…

(1) Each permit holder shall notify the Board within thirty (30) days of all changes of address. Any mailing or notice from the Board shall be considered to be served on the permit holder when sent to the permit holder's last address on file with the Board. (2) All temporary post…

(1) The program director shall immediately notify the Board of withdrawal or termination of a permit holder from a postgraduate training program and of the reasons for said withdrawal or termination. (2) A permit issued pursuant to Code Section 43-34-47 and Rules 360-2-.09 or 360…

(1) Each training institution may designate a physician, who is licensed in this State pursuant to Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, who would qualify as a Program Director to fulfill the responsibilities as set forth in this rule. Any…

During an event for which the Governor of the State of Georgia has issued an executive order declaring a disaster or a state of emergency, the Board may waive some of the licensure requirements in order to permit the provision of emergency health services to the public. Before pr…

(1) An international medical school seeking Board approval pursuant to O.C.G.A. 43-34-26 shall provide the Board with the following: (a) A completed application and application fee. (b) Completed self-assessment form that establishes or demonstrates that: (i) MD Degree or equival…

(1) Definitions. As used in this rule, the following words shall mean: (a) "Administrative Medicine" means administration or management utilizing the medical and clinical knowledge, skill, and judgment of a licensed physician capable of affecting the health and safety of the publ…

(1) A physician licensed in another state or foreign country who intends to enter into this state for the sole purpose of participating in or providing educational training that involves the provision of patient care must apply for an educational training certificate in order to …

(1) Must meet the requirements of Rule 360-2-.01 and hold a full and unrestricted license to practice medicine in another state. (2) Telemedicine License will be limited to the practice of telemedicine and shall not be used to practice medicine physically in this state on a patie…

Service of the notice of hearing, initial decision and final order shall be by personal delivery or certified mail to the licensee or applicant, in addition to counsel of record. All other notices, pleadings, orders, motions and other documents shall be served by hand delivery or…

A copy of the answer and all other pleadings, notices, motions, briefs, memoranda and other documents filed by any party with the Georgia Composite Medical Board shall be served upon all other parties to the proceeding, including counsel for the agency, by personal delivery or by…

Service upon a party's attorney shall be deemed service upon the party, except as provided in 360- 20-.01.

A pleading subsequent to the Notice of Hearing shall not be entitled to filing unless accompanied by an Acknowledgement of Service required hereunder or a certificate that the service required hereunder has been made. In addition, a pleading shall not be entitled to filing unless…

The Board or its designee may upon motion, at any time during the course of the proceeding, permit such substitution of parties as justice may require.

Any person desiring to intervene pursuant to O.C.G.A. Section 50-13-14 shall file a motion in accordance with Rule 360-19-.01, which motion shall state therein the specific grounds for seeking intervention. The agency and any other parties shall have fourteen (14) days from the d…

In all hearings the testimony of witnesses shall be taken orally before the agency or hearing officer, unless otherwise provided by these rules.

When a motion is based on facts not appearing of record the presiding officer may hear the matter on affidavits presented by the respective parties, but the presiding officer may direct that the matter be heard, wholly or partly on oral testimony.

Formal exceptions to rulings on evidence are unnecessary. It is sufficient that a party, at the time that a ruling of the presiding officer is made or sought, makes known to the presiding officer the action which he desires taken or his objections to such action and his grounds t…

(1) In contested cases, subpoenas shall be issued without discrimination between public and private parties. At any time after issuance of the Notice of Hearing, and prior to the scheduled date for the hearing, the parties may request the issuance of subpoenas by filing a written…

(1) At any time during the course of the proceedings, the presiding officer may, in his discretion, permit the testimony of a witness to be taken by deposition. Application to take testimony by deposition shall be made in writing and shall be filed with the Georgia Composite Medi…

(1) Examination and cross-examination of the witness shall proceed as would be permitted at the hearing and under those rules of evidence applicable to proceedings conducted pursuant to the Georgia Administrative Procedure Act. The officer before whom the deposition is to be take…

Application to take testimony by interrogatory shall be made and allowed in the same manner as prescribed in Rule 360-23-.01.

The agency shall notify all parties of the date, time and place of the hearing.

(1) The hearing shall be conducted by the board or an administrative law judge (ALJ) appointed by Office of State Administrative Hearings (OSAH). (2) Duties of the Presiding Officer. The board shall have the to do the following: to administer oaths and affirmations; rule upon off…

The presiding officer upon his or her own motion, or upon motion by a party or other person joined in the proceeding, may order proceedings involving a common question or law or fact to be consolidated for hearing on any or all matters at issue in such proceedings.

Briefs may be filed by a party or any interested person either before or during the course of the hearing, or within such time thereafter as the Board or its designee shall designate. Failure to file a brief shall in no way prejudice the rights of any party.

(1) Upon request, the Board or its designee may, for good cause shown, allow the parties to file evidentiary documents of any kind, or exhibits, at a time subsequent to the completion of the hearing, such time to be determined by the Board or its designee. If a request for such s…

A party may, at any time prior to the rendering of a final decision by the agency, move that the hearing be reopened for the purpose of receiving new evidence. Such motions shall be filed in accordance with the provisions of Rule 360-19-.01 and shall be granted only for good caus…

(1) Either the Respondent or the Board may seek review of the initial decision of the hearing officer pursuant to O.C.G.A. 50-13-17(a). If the Respondent files a timely motion for review of the initial decision of the hearing officer, the Respondent may include therein a statemen…

Any party may file a motion for rehearing of a final decision of the Board within ten (10) days after the date of actual service of such final decision on the Respondent or Respondent's counsel. Such motion shall be in accordance with Rule 360-19-.01 and, in addition, shall inclu…

All appeals shall be filed in accordance with the Georgia Administrative Procedure Act and must be filed in the superior court of Fulton County, the court of the domicile of the Board.

(1) Board means the Georgia Composite Medical Board. (2) Declaration of the patients' rights means the notice found in Rule 360-27-.02(2). (3) Grievance means a complaint filed by a complainant concerning a physician, his/her treatment or his/her staff or office. (4) Complainant …

(1) Physicians are required to post a declaration of the patient's rights to file a grievance with the Board concerning a physician, staff, office, or treatment received. (2) The declaration shall contain the following language with no alterations, deletions, or additions: The pa…

(1) Patients, or any person that the Board deems to have a legitimate interest, have a right to file a grievance with the Board by calling the Board with the complaint or by sending a written complaint to the Board. (2) A complaint should include the following and will not be dee…

Any physician or authorized personnel violating the provisions of this chapter may be subject to disciplinary action and shall be assessed a monetary fine for each violation.

(1) Board means the Georgia Composite Medical Board. (2) Final disciplinary action means: (a) Any of the following final disciplinary actions taken by the Board or its counterpart in any other state, any state licensing board in Georgia or in any other state within the ten year p…

(1) The Board will mail letters with profile instructions to the last known address of all licensed physicians in this state. Each licensed physician is required to submit a fully completed profile that is received by the Board on or before the date designated in the letter. (2) …