Georgia Code
Article 1 - Georgia Composite Medical Board
§ 43-34-8. Authority to Refuse License, Certificate, or Permit or Issue Discipline; Suspension; Restoration; Investigations; Hearings on Fitness; Immunity; Publication of Final Disciplinary Actions

(15.1) (A) Pleaded guilty to committing a sexual assault on a patient; or
(a.1) The provisions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” with respect to emergency action by a professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section.
(a.2) Upon a finding by the board that the public health, safety, or welfare imperatively requires emergency action pursuant to an alleged sexual assault on a patient by a licensee, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceeding shall be promptly instituted and determined.
(b.1) The board shall not suspend the license, certificate, or permit of a person licensed by the board because he or she is a borrower in default who is not in satisfactory repayment status under the Georgia Higher Education Loan Program as determined by the Georgia Higher Education Assistance Corporation or who has been certified by any entity of the federal government for nonpayment or default or breach of a repayment or service obligation under any federal education loan, loan repayment, or service conditional scholarship program.
(B) Been found guilty by a court of law of committing a sexual assault on a patient;
(A) Refuse to grant a license, certificate, or permit to an applicant;
(B) Place the licensee, certificate holder, or permit holder on probation for a definite or indefinite period with terms and conditions;
(C) Administer a public or private reprimand, provided that a private reprimand shall not be disclosed to any person except the licensee, certificate holder, or permit holder;
History. Ga. L. 1909, p. 123, § 10; Civil Code 1910, § 1741; Ga. L. 1913, p. 101, § 14; Ga. L. 1918, p. 173, § 8; Code 1933, §§ 84-916, 84-1210; Ga. L. 1957, p. 129, § 1; Ga. L. 1972, p. 673, § 1; Ga. L. 1974, p. 1156, § 6; Ga. L. 1977, p. 317, § 1; Ga. L. 1980, p. 3, § 2; Code 1981, § 43-34-37 ; Ga. L. 1982, p. 3, § 43; Ga. L. 1982, p. 2266, § 5; Ga. L. 1983, p. 3, § 32; Ga. L. 1983, p. 670, §§ 1, 2; Ga. L. 1987, p. 407, § 2; Ga. L. 1992, p. 6, § 43; Ga. L. 1993, p. 91, § 43; Ga. L. 1999, p. 81, § 43; Ga. L. 1999, p. 296, § 25; Ga. L. 2001, p. 192, § 4; Ga. L. 2001, p. 1170, § 3; Ga. L. 2005, p. 1, § 9/SB 3; Ga. L. 2008, p. 324, § 43/SB 455; Code 1981, § 43-34-8 , as redesignated by Ga. L. 2009, p. 859, § 1/HB 509; Ga. L. 2010, p. 543, § 3/SB 252; Ga. L. 2010, p. 878, § 43/HB 1387; Ga. L. 2011, p. 99, § 74/HB 24; Ga. L. 2017, p. 774, § 43/HB 323; Ga. L. 2019, p. 462, § 1-16/SB 214; Ga. L. 2019, p. 826, § 2/HB 128; Ga. L. 2019, p. 1056, § 43/SB 52; Ga. L. 2021, p. 777, § 3/HB 458.
The 2019 amendments.
The first 2019 amendment, effective July 1, 2019, in subsection (a), added “; or” at the end of paragraph (a)(22), deleted former paragraph (a)(23), which read: “Failed to enter into satisfactory repayment status and is a borrower in default as defined by Code Section 20-3-295; it shall be incumbent upon the applicant, licensee, certificate holder, or permit holder to supply the notice of release to the board from the Georgia Higher Education Assistance Corporation indicating that the licensee, certificate holder, permit holder, or applicant has entered into satisfactory repayment status so that a license, certificate, or permit may be issued or granted if all other conditions for issuance of a license, certificate, or permit are met; or”, and redesignated former paragraph (a)(24) as present paragraph (a)(23); and, in subsection (b.1), rewrote the first sentence, which read: “The board shall suspend the license, certificate, or permit of a person licensed by the board who has been certified by a federal agency and reported to the board for nonpayment or default or breach of a repayment or service obligation under any federal education loan, loan repayment, or service conditional scholarship program.”, and deleted the second through fifth sentences, which read: “Prior to the suspension, the licensee, certificate holder, or permit holder shall be entitled to notice of the board’s intended action and opportunity to appear before the board according to procedures set forth in the board’s rules and regulations. A suspension of a license, certificate, or permit under this subsection is not a contested case under Chapter 13 of Title 50, ‘Georgia Administrative Procedure Act.’ A license, certificate, or permit suspended under this Code section shall not be reinstated or reissued until the person provides the board a written release issued by the reporting agency stating that the person is making payments on the loan or satisfying the service requirements in accordance with an agreement approved by the reporting agency. If the person has continued to meet all other requirements for issuance of a license, certificate, or permit during the period of suspension, reinstatement of the license, certificate, or permit shall be automatic upon receipt of the notice and payment of any reinstatement fee which the board may impose.” The second 2019 amendment, effective July 1, 2019, in subsection (j), inserted “, excluding any low payment under a high/low agreement,” near the middle of the second sentence, and added the last sentence. The third 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, inserted “the” preceding “ ‘Georgia Administrative Procedure Act.’ ” in subsection (b.1). See Editor’s notes regarding the effect of the amendments.
The 2021 amendment, effective July 1, 2021, added paragraph (a)(15.1) and subsection (a.2).
Cross references.
Criminal abortion, § 16-12-140 et seq.
Denial, restriction, or revocation of medical staff privileges by public hospital, §§ 31-7-7, 31-7-8.
Medical peer review groups, § 31-7-130 et seq.
Requirement to determine probable gestational age of unborn child, § 31-9B-2.
Observance of provisions of “living wills” by physicians and other health-care professionals, § 31-32-7.
Authorization for civil actions for medical malpractice, § 51-1-27.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2009, “Department of Human Services” was substituted for “Department of Human Resources” in paragraph (a)(22), “ Section 43-34-25” was substituted for “ Section 43-34-26” in paragraph (a)(24) (now (a)(23)), and “of law” was substituted for “are law” in the last sentence of subsection (n).
Pursuant to Code Section 28-9-5, in 2017, “of” was deleted following “such action violates” near the end of paragraph (a)(10).
Pursuant to Code Section 28-9-5, in 2021, a semicolon was substituted for a period at the end of subparagraph (a)(15.1)(B).
Editor’s notes.
Ga. L. 2001, p. 1170, § 1, not codified by the General Assembly, provides that: “The General Assembly finds that managed health care has benefited consumers by negotiating contracts with physicians which prohibit such physicians from billing consumers for fees above and beyond the amount paid by the managed care plan. In order to ensure that the consumers of this state continue to receive such benefits, it is imperative that physicians adhere to their contractual obligations to charge only those fees contractually agreed to and not attempt to pass additional or hidden costs along to consumers. The purpose of Section 2 of this Act is to ensure that consumers are not charged fees above and beyond those already contracted for between their physician and their health benefit plans.”
Ga. L. 2005, p. 1, § 1/SB 3, not codified by the General Assembly, provides that: “The General Assembly finds that there presently exists a crisis affecting the provision and quality of health care services in this state. Hospitals and other health care providers in this state are having increasing difficulty in locating liability insurance and, when such hospitals and providers are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and a resulting adverse impact on the health and well-being of the citizens of this state. The General Assembly further finds that certain civil justice and health care regulatory reforms as provided in this Act will promote predictability and improvement in the provision of quality health care services and the resolution of health care liability claims and will thereby assist in promoting the provision of health care liability insurance by insurance providers. The General Assembly further finds that certain needed reforms affect not only health care liability claims but also other civil actions and accordingly provides such general reforms in this Act.”
Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.
Pursuant to the terms of subsection (k), funds were not appropriated at the 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, or 2022 session of the General Assembly.
Ga. L. 2019, p. 1056, § 54(e)/SB 52, not codified by the General Assembly, provides: “In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2019 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.” Accordingly, the amendment to subsection (b.1) of this Code section by Ga. L. 2019, p. 1056, § 43/SB 52, was not given effect.
Law reviews.
For article on the effect of nolo contendere plea on conviction, see 13 Ga. L. Rev. 723 (1979).
For note discussing application of procedural due process requirements to hearings by administrative tribunals, see 32 Mercer L. Rev. 359 (1980).
For article, “Georgia’s Open Records and Open Meetings Laws: A Continued March Toward Government in the Sunshine,” see 40 Mercer L. Rev. 1 (1988).
For note on the 2001 amendment to this Code section, see 18 Georgia St. U.L. Rev. 241 (2001).
For note on the 2001 amendment to this Code section, see 18 Georgia St. U.L. Rev. 249 (2001).
For article on the 2005 amendment of this Code section, see 22 Georgia St. U.L. Rev. 221 (2005).
For article, “Evidence,” see 27 Georgia St. U. L. Rev. 1 (2011).
For article on the 2011 amendment of this Code section, see 28 Georgia St. U. L. Rev. 1 (2011).