O.C.G.A. §§
43-1-19 and
43-34-37authorize the Board to
take disciplinary action against licensees for unprofessional conduct.
"Unprofessional conduct" shall include, but not be limited to, the
following:
(1) Prescribing controlled
substances for a known or suspected habitual drug abuser or other substance
abuser in the absence of substantial justification.
(2) Writing prescriptions for controlled
substances for personal use or, except for documented emergencies, for
immediate family members. For purposes of this rule, "immediate family members"
include spouses, children, siblings, and parents.
(3) Prescribing, ordering, dispensing,
administering, selling or giving any amphetamine, sympathomimetic amine drug or
compound designated as a Schedule II Controlled Substance under O.C.G.A. T. 16,
Ch. 13, to or for any person except in the following situations:
(a) Treatment of any of the following
conditions:
1. Attention deficit
disorder;
2. Drug induced brain
dysfunction;
3. Narcolepsy and/or
hypersomnolence;
4. Epilepsy;
or
5. Depression or other
psychiatric diagnosis.
6. Weight
loss management, if drug has been approved by the FDA for that
indication.
(b) For
clinical investigations conducted under protocols approved by a state medical
institution permitted by the Georgia Department of Human Services (DHS) with
human subject review under the guidelines of the United States Department of
Health and Human Services.
(4) Pre-signing prescriptions that have the
patient's name, type of medication, or quantity blank.
(5) Prescribing controlled substances
(O.C.G.A. T. 16, Ch. 13, Art. 2) and/or dangerous drugs (O.C.G.A. T. 16, Ch.
13, Art. 3) for a patient based solely on a consultation via electronic means
with the patient, patient's guardian or patient's agent. This shall not
prohibit a licensee from prescribing a dangerous drug for a patient pursuant to
a valid physician- patient relationship in accordance with O.C.G.A.
33-24-56.4 or a licensee who is
on-call or covering for another licensee from prescribing up to a 30-day supply
of medications for a patient of such other licensee nor shall it prohibit a
licensee from prescribing medications when documented emergency circumstances
exist.
This shall also not prevent a licensed physician from
prescribing Schedule II sympathomimetic amine drugs for the treatment of
attention deficit disorder to a patient in the physical presence of a licensed
nurse, provided the initial diagnosis was made and an initial prescription was
issued in accordance with 21 U.S.C. §
829(e), as
amended from time to time, including but not limited to the following:
(a) The physician has conducted at least one
in-person medical evaluation of the patient; or
(b) The physician is covering for a licensee
who is temporarily unavailable and has conducted at least one in-person medical
evaluation of the patient; or
(c)
The physician is engaged in the practice of telemedicine in accordance with
Board Rule
360-3-.07 and with
21 U.S.C. §§
802(54) and
829(e)(3)(A), including, but not limited to:
1. Where the
patient is being treated by, and physically located in, a hospital or clinic
registered with the U.S. Drug Enforcement Agency ("DEA"), the physician is
registered with the DEA, and all other requirements of
21 U.S.C. §
802(54)(A) are met;
or
2. Where the patient is being
treated by, and physically in the presence of, a licensee who is registered
with the DEA, and all other requirements of
21 U.S.C. §
802(54)(B) are met;
or
3. Where the physician has
obtained from the U.S. Attorney General a special registration for telemedicine
in accordance with 21 U.S.C. §§
802(54)(E) and
831(h).
(6) Providing treatment
via electronic or other means unless a history and physical examination of the
patient has been performed by a Georgia licensee. This shall not prohibit a
licensee who is on call or covering for another licensee from treating and/or
consulting a patient of such other licensee. Also, this paragraph shall not
prohibit a patient's attending physician from obtaining consultations or
recommendations from other licensed health care providers.
(7) Failing to maintain appropriate patient
records whenever Schedule II, III, IV or V controlled substances are
prescribed. Appropriate records, at a minimum, shall contain the following:
(a) The patient's name and address;
(b) The date, drug name, drug quantity, and
patient's diagnosis necessitating the Schedule II, III, IV, or V controlled
substances prescription; and
(c)
Records concerning the patient's history.
(8) Committing any act of sexual intimacy,
abuse, misconduct, or exploitation of any individual related to the physician's
practice of medicine regardless of consent. The rule shall apply to former
patients where the licensee did not terminate in writing the physician patient
relationship before engaging in a romantic or sexual relationship with the
patient and/or where the licensee used or exploited the trust, knowledge,
emotions or influence derived from the prior professional relationship. The
Board will consider the physician patient relationship terminated if the
physician has not evaluated or treated the patient for a period of at least two
(2) years.
(9) Failing to comply
with the provisions of O.C.G.A. Section
31-9-6.1 and Chapter 360-14 of the
Rules of Georgia Composite Medical Board relating to informed consent, which
requires that certain information be disclosed and that consent be obtained
regarding any surgical procedure performed under general anesthesia, spinal
anesthesia, or major regional anesthesia or an amniocentesis procedure or a
diagnostic procedure that involves the intravenous injection of a contrast
material.
(10) Failing to conform
to the recommendation of the Centers for Disease Control for preventing
transmission of the Human Immunodeficiency Virus, Hepatitis B Virus, Hepatitis
C Virus, and Tuberculosis to patients during exposure-prone invasive
procedures. It is the responsibility of all persons currently licensed by the
Board to maintain familiarity with these recommendations, which the Board
considers the minimum standards of acceptable and prevailing medical
practice.
(11) Failing to timely
respond to an investigative subpoena issued by the Board.
(12) Conducting a physical examination of the
breast and/or genitalia without a chaperone present, unless the patient or the
patient's parent or guardian specifically requests that a chaperone not be
present for this portion of the clinical encounter which shall be documented in
the patient's medical record. Physicians at their discretion may refuse to
conduct an examination of the breast and/or genitalia without a chaperone
present.
(13) Practicing medicine
while mentally, physically, or chemically impaired.
(14) Failing to use such means as history,
physical examination, laboratory, or radiographic studies, when applicable, to
diagnose a medical problem.
(15)
Failing to use medications and other modalities based on generally accepted or
approved indications, with proper precautions to avoid adverse physical
reactions, habituation, or addiction in the treatment of patients. However,
nothing herein shall be interpreted to prohibit investigations conducted under
protocols approved by a state medical institution permitted by DHS and with
human subject review under the guidelines of the United States Department of
Health and Human Services.
(16)
Failing to maintain patient records documenting the course of the patient's
medical evaluation, treatment, and response.
(a) A physician shall be required to maintain
a patient's complete medical record, which may include, but is not limited to,
the following: history and physical, progress notes, X-ray reports,
photographs, laboratory reports, and other reports as may be required by
provision of the law. A physician shall be required to maintain a patient's
complete treatment records for a period of no less than 10 years from the
patient's last office visit.
(b)
The requirements of this rule shall not apply to a physician who has retired
from or sold his or her medical practice if:
1. such physician has notified his or her
active patients of retirement from or sale of practice by mail, at the last
known address of his or her patients, offering to provide the patient's records
or copies thereof to another provider of the patient's choice and, if the
patient so requests, to the patient;
2. has caused to be published, in the
newspaper of greatest circulation in each county in which the physician
practices or practiced and in a local newspaper that serves the immediate
practice area, a notice which shall contain the date of such retirement or sale
that offers to provide the patient's records or copies thereof to another
provider of the patient's choice, and if the patient so requests, to the
patient; and
3. has placed in a
conspicuous location in or on the facade of the physician's office, a sign
announcing said retirement or sale of the practice. The sign shall be placed 30
days prior to retirement or the sale of the practice and shall remain until the
date of retirement or sale.
4. Both
the notice and sign required by rule
360-3-.02 shall advise the physician's
patients of their opportunity to transfer or receive their records.
(c) The period specified in this
rule may be less than the length of time necessary for a physician to protect
himself or herself against other adverse actions. Therefore, physicians may
wish to seek advice from private counsel or their malpractice insurance
carrier.
(17) Continuing
to practice after the expiration date of the license.
(18) Any other practice determined to be
below the minimal standards of acceptable and prevailing practice.
(19) Providing a false, deceptive or
misleading statement(s) as a medical expert.
(20) Failing to report to the Board within 30
days of becoming unable to practice medicine with reasonable skill and safety
by result of illness or use of alcohol, drugs, narcotics, chemicals, or any
other type of material, or as a result of any mental or physical condition,
unless the physician has reported to the Physician Health Program.
(21) (For a physician) Delegating the
injection of botulinum toxin and/or dermal fillers to medical
assistants.
Notes
Ga. Comp. R.
& Regs. R. 360-3-.02
O.C.G.A.
§§
16-13-41, 16-13-74, 31-9-6.1, 31-33-2, 43-1-19, 43-1-25, 43-34-5(c), 43-34-8(a)(7), 43-34-21, 43-34-23, 43-34-24, 43-34-24.1, 43-34-25, 43-34-37, 21 U.S.C. §
802(54) (the Ryan Haight
Act).
Original Rule entitled "Unprofessional Conduct Defined" adopted. F.
Jan. 24, 2002; eff.
Feb. 13,
2002.
Amended: F. Sept. 18,
2003; eff. Oct. 8,
2003.
Amended: F. Dec. 10,
2004; eff. Dec. 30,
2004.
Amended: F. May 10,
2005; eff. May 30,
2005.
Amended: F. Feb. 10,
2006; eff. Mar. 2,
2006.
Amended: F. Sept. 19,
2007; eff. Oct. 9,
2007.
Amended: F. Nov. 10,
2008; eff. Nov. 30,
2008.
Repealed: New Rule of same title adopted. F.
May 18, 2010; eff.
June 7, 2010.
Repealed: New Rule of same title adopted. F.
Jan. 13, 2012; eff.
Feb. 2, 2012.
Amended: F. Oct. 21,
2014; eff. Nov. 10,
2014.
Amended: F. May 3,
2016; eff. May 23,
2016.
Repealed: New Rule of same title adopted. F.
June 12, 2019; eff.
July 2, 2019.
Repealed: New Rule of same title adopted. F.
June 23, 2020; eff.
July 13,
2020.
Amended: F. Apr. 20,
2023; eff. May 10,
2023.