Ga. Comp. R. & Regs. R. 100-16-.01 - Temporary License

Current through Rules and Regulations filed through April 4, 2022

(1) The Board may issue, in its discretion, without examination, a temporary license to an applicant, subject to the following conditions:

(a) An applicant shall file contemporaneously an application for regular state licensure as provided for in O.C.G.A. 43-9-7 with a completed application for temporary licensure, which temporary license application shall be accompanied by the following:

1. Certification from all states in which the applicant holds a chiropractic license demonstrating his or her good standing. To be considered for temporary licensure, an applicant's license must be in good standing in the state in which he or she successfully passed an examination for licensure, and this state must have the same or similar licensing requirements as the State of Georgia;

2. A request for Board approval, on a form provided by the Board, from a doctor of chiropractic licensed and in good standing in this state who has agreed to undertake the supervision and direction of the applicant for temporary licensure in accordance with the provisions of Board Rule 100-16-.01(3); and

3. A temporary license application fee established by the Board.

(b) An applicant who has previously taken and failed the Georgia examination for licensure will not be permitted to obtain a temporary license to practice in this state.

(2) A person who has been granted a temporary license shall have all of the rights and privileges incident to the practice of chiropractic in this state as authorized by the laws, rules and regulations governing the practice of chiropractic in the state of Georgia, subject to the following limitations:

(a) A person holding a temporary license shall only practice chiropractic under the supervision and direction of a Board approved licensed doctor of chiropractic.

(b) For purposes of this Rule, the phrase "supervision and direction" shall mean that the supervising licensed doctor of chiropractic shall be physically present on the premises and accessible to the temporary licensee at all times. The phrase "supervision and direction" shall further mean that the temporary licensee shall be required to maintain clearly legible treatment records which shall include a treatment plan on each patient which has been reviewed, approved, and signed by the supervising licensed doctor of chiropractic.

(c) A temporary licensee shall be required to maintain records in the manner set forth in Board Rule 100-10-.01(g). All treatment records shall include a plan of care for each patient that has been reviewed and approved by the licensed doctor of chiropractic. On any visit on which the temporary licensee has provided care to a patient, both the supervising licensed doctor of chiropractic and temporary licensee shall sign off on the record.

(d) Persons practicing under a temporary license shall not utilize electrical therapeutic modalities unless the chiropractor by whom he or she is being directly supervised is authorized to utilize these modalities and the temporary licensee has himself or herself previously received certification from the Board to use these modalities as required by Board Rule 100-9-.01.

(3) As part of the application process, an applicant for temporary licensure must formally request the Board approval of a licensed doctor of chiropractic to serve as his or her supervising doctor of chiropractic. The following criteria shall be employed by the Board in determining whether a chiropractor may serve in this capacity:

(a) The proposed supervising doctor of chiropractic shall:

1. be licensed and in good standing in this state; and

2. not be under a current disciplinary sanction or have any disciplinary sanctions by this or another licensing agency resulting from unprofessional conduct, including, but not limited to, a felony conviction, a standard of care case, or crime involving moral turpitude.

(b) The supervising licensed doctor of chiropractic shall agree to provide supervision and direction to the temporary licensee as provided for in Section 2 of this Rule.

(c) Any willful failure to adequately provide supervision and direction to a temporary licensee in his or her charge may result in disciplinary action being initiated against the supervising licensed doctor of chiropractic.

(d) No licensed doctor of chiropractic shall be approved to supervise more than one temporary licensee at a time.

(e) In the event that a holder of a temporary license does not take and successfully pass the next available licensing examination, the supervising chiropractor shall immediately assume responsibility for all patients being treated by the former temporary licensee. All such patients who were previously treated by the former temporary licensee shall be notified in writing of the reason for this change in doctor of chiropractic within 72 hours of the date of the expiration of the temporary license.

(4) The temporary license shall:

(a) Remain valid for a maximum of twelve (12) months from the date of issuance but shall automatically expire within the twelve month period when the temporary license holder:

1. is granted a regular license; or

2. does not take and pass the next available examination following the grant of such temporary license, in which event the license expires upon the notification of the results of the examination.

(5) Continued practice after the date of expiration of a temporary license without first having successfully obtained a regular license shall constitute the unlicensed practice of chiropractic which is punishable as a felony in the State of Georgia.

Notes

Ga. Comp. R. & Regs. R. 100-16-.01

O.C.G.A. Sec. 43-9-7.1.

Original Rule entitled "Temporary License" adopted. F. Sept. 25, 1996; eff. Oct. 15, 1986.