(1) The Board will deny a pain clinic license
application if a physician practicing at the clinic has been convicted of a
felony unless the Board finds through evidence satisfactory to the Board that
the felony is no longer relevant to the physician's ability to safely practice
in a pain management clinic. For purposes of this rule, the term "convicted of
a felony" shall include a conviction of an offense which if committed in this
state would be deemed a felony under either state or federal law, without
regard to its designation elsewhere. As used in this paragraph, the term
"conviction" shall include a finding or verdict of guilt, a plea of guilty
resulting in first offender status, or a plea of nolo contendere in a criminal
proceeding, regardless of whether the adjudication of guilt or sentence is
withheld or not entered thereon.
(2) The Board will deny a pain clinic license
application if a physician practicing at the clinic, during the course of his
or her practice, has been denied the privilege of prescribing, dispensing,
administering, supplying, or selling any controlled substance, or if the
physician, during the course of his or her practice, had board action taken
against his or her medical license as a result of dependency on drugs or
alcohol unless the Board finds through evidence satisfactory to the Board that
the prior disciplinary action, denial of privileges relative to controlled
substances or impairment is no longer relevant to the physician's ability to
safely practice in a pain management clinic.
(3) The Board may deny a license for a pain
management clinic for any of the reasons set forth in O.C.G.A. Sections
(4) If the Board
intends to deny the license, the applicant shall be allowed to appear before
the board, if the applicant so requests, prior to the board making a final
decision regarding the issuance of the license.
Ga. Comp. R. & Regs. R.
Original Rule entitled
"Denial of Licensure" adopted. F. Jun. 23,
2014; eff. July 13, 2014.