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Chapter 360-28 PHYSICIAN PROFILES

Rule 360-28-.01 Definitions

(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 period immediately prior to the date of the profile:
1. Refusal to grant a license to an applicant;
2. Public or private reprimand, provided that the first private reprimand shall not be reported for physician profiles;
3. License suspension for a definite period;
4. Limitation or restriction of a license;
5. License revocation;
6. Conditioning the penalty or withholding formal disposition upon the physician's submission to the care counseling or treatment of physicians or other professional persons, and the completion of such care, counseling or treatment as directed by the licensing board;
7. Probation;
8. "Final" in disciplinary action under section (a) of 360-28-.01 (2) means:
(i) In contested cases, any of the discipline listed in 360-28-.01 (2)(a)1. through 7. imposed by final decision of the Board, its counterpart in any other state, any state licensing board in Georgia or in any other state.
(ii) Any of the discipline listed in 360-28-.01 (2)(a) 1. through 7. that was imposed by agreement between the physician and the Board or its counterpart in any other state or any state licensing board in Georgia or in any other state.
(b) Any final hospital disciplinary action resulting in revocation or any restriction of hospital privileges, either involuntary or by agreement, for reasons related to competence or character that is taken on or after April 11, 2001 and within the ten-year period immediately prior to the date of the profile.
(c) Final disciplinary action taken prior to April 11, 2001 shall not be included within the definition of this term.
(3) Current profile means the most recent profile on file with and published by the Board.
(4) Judgment means court decision and shall include criminal convictions and entered pleas of nolo contendere.
(5) Physician means a doctor of medicine or osteopathy licensed by the Board pursuant to Article 2, Chapter 34, Title 43 of the Official Code of Georgia Annotated.
(6) Medical school faculties mean academic appointments. The term medical school faculties shall not include hospital affiliation or privileges.
(7) Profile questionnaire means the form attached to this chapter as Exhibit 1.
(8) Public means any person or entity.

Rule 360-28-.02 Initial Profile Information

(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) Profiles submitted without the physician's signature to the affirmation will not be accepted as complete profiles.
(3) A second written notice will be sent to the last known address of those physicians whose profile was not received by the designated date. The second notice will advise the physician that failure to comply with the second request for a fully completed profile shall be a violation of Chapter 34A of Title 43 of the Official Code of Georgia Annotated and shall result in penalties pursuant to O.C.G.A. § 43- 34A-7 and Rule 360-28-.07.
(4) New licensees will be required to submit a fully completed profile within sixty (60) days after receipt of the Board's request for profile information. Profile requests mailed by the Board will be deemed received by the licensee within five (5) days of the date shown on the request unless the licensee provides satisfactory evidence to the Board establishing a later receipt date.

Rule 360-28-.03 Submission of Profile Information via the Internet

(1) Profile questionnaires may be completed by licensed physicians and submitted to the Board via the Internet at www.medicalboard.ga.gov.
(2) Physicians wishing to submit profile information via the Internet will be given a user identification (ID) and personal identification number (PIN). Only the Board can reset a physician's user ID and/or PIN.
(3) Before a profile is accepted as complete via the Internet, the physician will be given the opportunity to review the profile. The physician will then be asked to swear and affirm that the information provided is true and correct. If the physician indicated that the information provided is true and correct, said action will be deemed to be the physician's signature.
(4) When a physician submits a fully completed profile via the Internet, a confirmation of receipt will be displayed on the computer screen and the confirmation may be printed by the physician for his or her records.
(5) Once the fully completed initial profile is received via the Internet, the Board will mail a hard copy of the profile to the physician.

Rule 360-28-.04 Optional Information

(1) At the physician's request, the following information may be included in the profile:
(a) Identification of translating services currently available at the primary practice setting;
(b) A maximum of six appointments to medical school faculties, occurring within the ten (10) years immediately preceding the date of the request for inclusion in the profile;
(c) A maximum of four articles in professional publications and journals;
(d) A maximum of five professional or community service memberships or activities; and
(e) A maximum of five awards received.
(2) The physician may request inclusion of optional information at the time of filing the initial profile or by submitting an update in accordance with the provisions of Rule 360-28-.04.

Rule 360-28-.05 Updates and Corrections

(1) A physician shall utilize the form attached to this chapter as Exhibit 2 to update or correct the physician's profile.
(2) A physician may update or correct profile information via the Internet, except that a physician will not be permitted to update the following profile items listed in O.C.G.A. §§ 43-34A-3(c)(11) through (17) after initial publication:
(a) Felony criminal convictions.
(b) Felony charges to which a plea of nolo contendere was entered.
(c) Final disciplinary actions by a regulatory board as defined in O.C.G.A. § 43-34A-3(c).
(d) Final revocations or any final disciplinary actions resulting in any restriction of hospital privileges, either involuntary or by agreement, for reasons related to competence or character.
(e) Resignations from or nonrenewal of staff privileges taken in lieu of or in settlement of pending disciplinary action related to competence or character.
(f) Final medical malpractice court judgments, medical malpractice awards or medical malpractice settlements that are required to be disclosed pursuant to Code Sections 43-34A-3(c)(16) and 43-34A- 3(c)(17).
(3) When a profile is updated or corrected regarding malpractice, hospital staff privileges, or disciplinary action, whether by submission of a hard copy or via the Internet, the Board will mail a copy of the updated or corrected profile as published to the physician.
(4) The profile items listed in O.C.G.A. §§ 43-34A-3(c)(11) through (17) shall be reported to the Board within 10 days of the judgment, award, settlement, revocation, resignation and/or disciplinary action.
(a) When updating or correcting the profile items listed in O.C.G.A. §§ 43-34A-3(c)(11) through (17), the physician shall provide the Board with a copy of the judgment, award, settlement, revocation and/or disciplinary action.
(b) Failure to report this information within 10 days of judgment, award, settlement, revocation, resignation and/or disciplinary action may result in disciplinary action.
(5) All other changes to the physician's profile, including practice address, shall be reported by the physician to the Board, in writing or via the Internet, within 30 days of the date of the change.
(6) It is the responsibility of the physician to submit on a form provided by the Board notification of changes in the physician profile including, but not limited to any outdated information on the profile involving malpractice information, hospital disciplinary actions, resignations or non-renewals, changes of address or practice and malpractice insurance status.

Rule 360-28-.06 Physician Comments

(1) A physician shall have thirty (30) days from the date of receipt of a copy of the initial profile to submit comments to the Board regarding information to be published in the initial profile.
(2) A physician shall have thirty (30) days from the date of receipt of an amended profile, if the amendment relates to malpractice, hospital staff privileges or disciplinary action, to submit comments regarding information that has been published in the amended profile.
(3) A copy of the profile or amended profile mailed to the physician by the Board shall be deemed received by the physician five (5) days after the date of mailing, unless the physician submits satisfactory evidence to the Board of a later receipt date.
(4) A physician's comments shall not exceed 100 words and must be in regard to information published in the physician's profile or amended profile, whichever is applicable.
(5) A physician's comments shall not reveal patient names or information that would reveal the identity of a patient, shall not contain profanity and the comments shall not contain information that is confidential, defamatory or libelous pursuant to state and/or federal law.

Rule 360-28-.07 Submission of False or Misleading Information

(1) The physician is solely responsible for the submission of accurate profile information to the Board and may not delegate this responsibility to another. Any profile information submitted to the Board, either electronically or via hard copy, in the name of the physician, will be deemed to be completed and filed by that physician.
(2) Submission of false or misleading information by the physician may constitute a violation of O.C.G.A. § 43-34-37 and may be grounds for disciplinary action.

Rule 360-28-.08 Non-compliance with Request for Profile Information

(1) Compliance with the request for profile information from the Board is mandatory.
(2) Failure to return the completed profile form constitutes a violation of Chapter 34A of Title 43 of the Official Code of Georgia Annotated.
(3) The Board shall assess a fine of up to $100.00 per day for each day that the physician is not in compliance.

Rule 360-28-.09 Dissemination of Profiles

(1) Profiles shall be disseminated to the public via the Internet at www.medicalboard.ga.gov or by mail.
(2) Requests for profiles may be made by telephone, in writing or by electronic mail.
(3) A request for profile information received after 5:00 p.m. on a business day will be deemed received on the next business day.
(4) The identity of the person or entity requesting a physician's profile and the request shall be confidential.
(5) A physician may make his or her current, unaltered board-approved profile available to the physician's patients.
(6) A physician who knowingly disperses a profile that does not disclose recent disciplinary actions, criminal convictions, revocations or restriction of hospital privileges, settlements, medical malpractice judgments or arbitration awards pursuant to O.C.G.A. § 43-34A- 3(c)(11) through (17) shall have violated O.C.G.A. § 43-34-37 and be subject to disciplinary action.

Exhibit (360-28) 1


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