Chapter 360-2 LICENSE REQUIREMENTS
| (1) |
An applicant for a medical
license must provide:
| (a) |
An
affidavit that the applicant is a United States citizen, a legal
permanent resident of the United States, or that he/she is a
qualified alien or non-immigrant under the Federal Immigration and
Nationality Act. If the applicant is not a U.S. citizen, he/she must
submit documentation that will determine his/her qualified alien
status. The Board participates in the DHS-USCIS SAVE
(Systematic Alien Verification for Entitlements or "SAVE") program
for the purpose of verifying citizenship and immigration status
information of non-citizens. If the applicant is a qualified alien or
non-immigrant under the Federal Immigration and Nationality Act,
he/she must provide the alien number issued by the Department of
Homeland Security or other federal immigration agency. |
| (b) |
An application that is
complete, including all required documentation, signatures, seals,
and fees. An application shall expire one year from the date of
receipt. Any subsequent application must be accompanied by submission
of appropriate documentation and application fee. |
| (c) |
Evidence of good moral
character. Reference Forms shall be valid for six months from the
date of signature. If the application is not approved during the
six-month period, the Board may require a new and more current
reference. |
| (d) |
Verification of licensure from every state in which the applicant has
ever held any type of medical license. |
| (e) |
Verification of a passing score
on one of the following examinations approved by the Board:
| i. |
Steps 1, 2 and 3 of the United
States Medical Licensing Examination (USMLE) |
| ii. |
Federation Licensing
Examination (FLEX taken on or before June 1, 1985) (combined scores
from different FLEX administrations between January 1, 1978 and
January 1,1985 are not accepted) |
| iii. |
FLEX Components I and II (FLEX
taken after June 1, 1985) |
| iv. |
National Board of Medical
Examiners (NBME) |
| v. |
State Medical Board of Examinations taken before June 30,
1973 |
| vi. |
Medical Council
of Canada Qualifying Examination (MCCQE) for graduates of Canadian
medical schools who completed post-graduate training in
Canada |
| vii. |
National
Board of Osteopathic Medical Examiners (NBOME) |
| viii. |
Comprehensive Osteopathic
Medical Licensing Examination (COMLEX) |
| ix. |
The certifying examination of
the Puerto Rico Medical Board, for graduates of Puerto Rican medical
schools who completed post-graduate training in Puerto Rico.
|
|
| (f) |
Verification of medical education by submitting an official
transcript of all medical education directly to the Board from the
school where such education was taken. If the transcript is in a
foreign language, a certified English translation must be furnished.
The transcript shall include the dates the applicant attended the
school and the grades received in all courses taken to fulfill the
requirements of the degree granted. At the Board's discretion, the
medical school transcript requirement may be waived and the results
of the Federation of State Medical Boards (FSMB) verification service
may be accepted if the applicant adequately demonstrates that all
diligent efforts have been made to secure transcripts from the
school. In such a case, the Board may require the applicant to appear
for a personal interview before the Physician Licensure Committee of
the Board.
| i. |
Medical schools in
the United States, Puerto Rico and Canada must require a minimum of
two years of pre-medical education and be approved by the Liaison
Committee on Medical Education (LCME) or the American Osteopathic
Association Commission on Osteopathic College accreditation (AOA
COCA), or the Committee on Accreditation of Canadian Medical Schools
(CACMS). |
| ii. |
A medical
school located outside the United States, Puerto Rico and Canada and
Fifth Pathway programs must have a program of education in the art
and science of medicine leading to a medical doctor degree or the
medical doctor equivalent that requires a minimum of two (2) years of
pre-medical education and includes at least 130 weeks of instruction.
Applicants must have official transcripts that include at least 130
weeks of instruction. |
|
| (g) |
Verification of
post-graduate/residency training as follows:
| i. |
Graduates of approved medical
schools must show completion of one year of postgraduate training in
a program approved by the Accreditation Council for Graduate Medical
Education (ACGME), the American Osteopathic Association (AOA) or the
Royal College of Physicians and Surgeons of Canada (RCPSC) or the
College of Family Physicians of Canada (CFPC). The Board may consider
current certification of any applicant by a member board of the
American Board of Medical Specialties (ABMS) as evidence that such
applicant's postgraduate medical training has satisfied the
requirements of this paragraph. Approved Medical Schools are those
located in the United States, Puerto Rico, and Canada, those listed
on the Medical Schools Recognized by the Medical Board of
California (effective February 4, 2010, adopted by
reference), and schools that have been approved by a regional
accreditation authority with standards equivalent to LCME and
approved by the National Committee on Foreign Medical Education and
Accreditation (NCFMEA). |
| ii. |
Graduates of medical schools
not approved by the Board must show completion of three years of
postgraduate training in a program approved by the Accreditation
Council for Graduate Medical Education (ACGME), the American
Osteopathic Association (AOA), the Royal College of Physicians and
Surgeons of Canada (RCPSC), or the College of Family Physicians of
Canada (CFPC). The Board may consider current certification of any
applicant by a member board of the American Board of Medical
Specialties (ABMS) as evidence that such applicant's postgraduate
medical training has satisfied the requirements of this paragraph.
|
| iii. |
Applicants who were
licensed in another State on or before July 1, 1967 are not required
to supply proof of any postgraduate/residency training. |
|
| (h) |
Verification of
residence in the United States for one year, except for graduates of
Canadian medical schools, if the applicant is an alien. |
| (i) |
Graduates of foreign medical
schools outside of Canada must provide proof of certification by the
Educational Commission for Foreign Medical Graduates (ECFMG) unless
they were licensed by another state before March 1, 1958. This
requirement does not apply to foreign-trained students who furnish
proof of the following:
| (i) |
successful completion of AMA approved Fifth Pathway program,
and |
| (ii) |
passing the
ECFMG qualifying medical component examination with a score of 75 or
above. |
|
|
| (2) |
The Board in its discretion may
require an applicant for licensure to take and pass the Special
Purposes Examination (SPEX) prepared by the Federation of State
Medical Boards of the United States, or other Board-approved
competency assessment. The circumstances under which the Board may
require a competency examination include, but are not limited to
applicants for licensure who have been the subject of disciplinary
action in another state; or who would be subject to disciplinary
action or corrective action in this state based upon their conduct or
condition; or who have previously engaged in the practice of medicine
and who have not practiced for a period greater than thirty (30)
consecutive months. |
| (3) |
Nothing in this rule shall be construed to prevent the Board from
denying or conditionally granting an application for
licensure. |
| (1) |
Applicants applying to take
USMLE Step 3 through Georgia are required to submit an application
directly to the Federation of State Medical Boards (FSMB) on forms
approved by the Board. |
| (2) |
Applicants must furnish the
following evidence to the FSMB:
| (a) |
Evidence of graduation from a medical school that requires a minimum
of two (2) years of pre-medical education. |
| (b) |
Evidence of passing USMLE Steps
1 and 2; and |
| (c) |
For
applicants who graduated from medical school after January 1, 1967,
evidence of completion of post-graduate year one (PGY-1) or a
statement from the program director that the applicant is expected to
complete (PGY-1) within three 3 months. Such postgraduate training
must be in a program fully or provisionally accredited by the
Accreditation Council for Graduate Medical Education (ACGME) or the
American Osteopathic Association (AOA) or the Royal College of
Physicians and Surgeons of Canada (RCPSC) or the College of Family
Physician of Canada (CFPC), or the or the Committee on Accreditation
of Canadian Medical Schools (CACMS). |
| (d) |
Certification by the
Educational Commission for Foreign Medical Graduates (ECFMG), if the
applicant graduated from a school that is not in the United States,
Puerto Rico, or Canada. This requirement does not apply to
foreign-trained applicants who furnish proof of the following:
| (i) |
Successful completion of an
AMA-approved Fifth Pathway program; and |
| (ii) |
Verification of passing USMLE
Steps 1 and 2; and |
| (iii) |
Official transcripts of all medical education submitted directly to
the FSMB from the school where such education was taken. If the
transcripts are in a foreign language, applicants must furnish
certified English translations. Transcripts must include the dates
the applicant attended the school and the grades received in all
courses taken to fulfill the requirements of the degree granted. In
the Board's discretion, the transcript may be waived and the results
of the Federation of State Medical Boards (FSMB) verification service
accepted if the applicant adequately demonstrates that all diligent
efforts have been made to secure transcripts from the
school. |
|
|
| (3) |
Preceptorships are not approved
in lieu of post-graduate training. |
| (4) |
USMLE Step 3 applicants may be
required to appear for a personal interview at the discretion of the
Board. |
| (5) |
Unless
enrolled in an M.D./PhD or D.O./PhD program, applicants must
successfully complete USMLE Steps 1, 2, and 3 within a seven (7) year
period. Applicants enrolled in an M.D./PhD or D.O./PhD program must
successfully complete USMLE Steps 1, 2, and 3 within a nine (9) year
period. |
| (6) |
Applicants
who have never been licensed, and who have failed the USMLE Step 3 a
total of three (3) times since January 1, 1994 must have one year of
additional Board-approved clinical training. The training must be
completed prior to taking USMLE Step 3 again. |
| (7) |
Nothing in this rule shall be
construed to prevent the Board from denying or conditionally granting
an application for licensure by examination. |
Temporary licenses may be issued to an applicant at
the discretion of the Executive Director, with the approval of the
Chairperson of the Board. Such licenses shall have the effect of a
permanent license until the next regular Board meeting, when the
temporary license shall become void. The temporary license fee shall
be designated in the fee schedule.
| (1) |
Duplicate licenses may be
issued upon approval by the Board if the original license is lost,
stolen, or destroyed, or if the licensee has had a legal change of
name. Duplicate licenses are not issued for satellite
offices. |
| (2) |
To request a
duplicate license, the licensee must submit a duplicate request form
stating the reason the duplicate license is requested. If the form is
based on a name change, the licensee must submit a copy of the
official document (marriage certificate, divorce decree or court
order) indicating the name change, as well as the date and place of
the change. If the name change occurred during naturalization, the
application must also include the naturalization number, the name and
address of the court, the date of naturalization, and the name
change. |
| (3) |
All requests
must include the duplicate license fee. The duplicate license fee
shall be designated in the fee schedule. |
| (1) |
Each licensee shall notify the
Board within thirty (30) days, in writing, of all changes of address.
Any mailing or notice from the Board shall be considered to be served
on the licensee when sent to the licensee's last address on file with
the Board. |
| (2) |
All active
licenses must be renewed every two years. This may be done via the
internet or through mail. A medical licensee may not practice
medicine after the expiration date of the license. A license must be
renewed biennially by the last day of the month in which the
applicant's birthday falls, and the licensee must establish
satisfaction of Board-approved continuing education requirements to
be eligible for renewal. |
| (3) |
Licensees have the right to
obtain a late renewal of their licenses during the three (3) month
period immediately following the expiration date. During this period,
the penalty for late renewal applies. A physician may not practice
medicine after the expiration date of his or her license. |
| (4) |
The Board shall
administratively revoke any license not renewed prior to the
expiration of the late renewal period. Such revocation removes all
rights and privileges to practice medicine and surgery in this State.
A practitioner who is so revoked must apply for reinstatement.
Revocation for failure to renew may be reported to the public and to
other state licensing boards, and will be reported as a revocation
for failure to renew. Revocation for failure to renew is not
considered a disciplinary revocation. However, the license may only
be reinstated through application. |
| (5) |
Notwithstanding the provisions
of paragraph (4) of this rule, any service member as defined in
O.C.G.A. § 15-12-1
whose license to practice medicine expired while on active duty
outside the state shall be permitted to practice in accordance with
the expired license and shall not be charged with a violation
relating to such practice on an expired license for a period of six
(6) months from the date of his or her discharge from active duty or
reassignment to a location within the state. Such service member
shall be entitled to renew such expired license without penalty
within six (6) months after the date of his or her discharge from
active duty or reassignment to a location within this state. The
service member must present to the Board a copy of the official
military orders or a written verification signed by the service
member's commanding officer to waive any charges. |
| (6) |
The fee for renewals and late
renewals shall be designated in the fee schedule. |
| (7) |
All applicants must provide an
affidavit and a secure and verifiable document in accordance with
O.C.G.A.
50-36-1(f).
If the applicant has previously provided a secure and verifiable
document and affidavit of United States citizenship, no additional
documentation of citizenship is required for renewal. If the
applicant for renewal is not a United States citizen, he/she must
submit documentation that will determine his/her qualified alien
status. The Board participates in the DHS-USCIS SAVE (Systematic
Alien Verification for Entitlements or "SAVE") program for purpose of
verifying citizenship and immigration status information of non-U.S.
citizens. If the applicant for renewal is a qualified alien or
non-immigrant under the Federal Immigration and Nationality Act,
he/she must provide the alien number issued by the Department of
Homeland Security or other federal agency. |
| (1) |
Licensee who wishes to maintain
his or her medical license but who does not wish to practice medicine
and surgery in this State may apply to the Board for inactive status
by submitting an application and the fee. A licensee with an inactive
license may not practice medicine in this State. |
| (2) |
In order to reinstate a license
to practice medicine, an applicant must complete an application and
pay a reinstatement fee. The applicant must be able to demonstrate to
the satisfaction of the Board that he or she has maintained current
knowledge, skill and proficiency in the practice of medicine and that
he or she is mentally and physically able to practice medicine with
reasonable skill and safety. |
| (3) |
Reinstatement of the license is
within the discretion of the Board. |
| (4) |
The Board may require the
passage of an examination, such as SPEX or PLAS or other competency
assessments. The Board, in its discretion, may impose any remedial
requirements deemed necessary. |
| (5) |
The Board may deny
reinstatement for failure to demonstrate current knowledge, skill and
proficiency in the practice of medicine or being mentally or
physically unable to practice medicine with reasonable skill and
safety or for any ground set forth in O.C.G.A. § 43-34-8. |
| (6) |
The denial of reinstatement is
not a contested case, but the applicant shall be entitled to an
appearance before the Board. |
| (7) |
The fee for reinstatement of a
license shall be designated in the fee schedule. |
| (1) |
A minimum of two (2) years
shall pass from the date of any revocation of a license before the
Board will consider an application for reinstatement. If the Board
denies any application for reinstatement, the Board may require that
a minimum of two (2) years pass from the date of the denial before
the Board will consider subsequent applications for reinstatement.
This two-year requirement shall only apply in those instances in
which the license in question was revoked for reasons other than
failure to renew. |
| (2) |
In
order to reinstate a license to practice medicine, an applicant must
be able to demonstrate to the satisfaction of the Board that he or
she has maintained current knowledge, skill and proficiency in the
practice of medicine and that he or she is mentally and physically
able to practice medicine with reasonable skill and safety. The Board
may also require the applicant to meet with the Board or a committee
of the Board. In addition, the Applicant must submit an application
for reinstatement and comply with the following:
| (a) |
If the license has been expired
for twelve or fewer months, and the applicant has practiced medicine
in Georgia on any occasion after the expiration date of the license,
the applicant must pay a reinstatement fee of $1,000.00 and provide
proof of ten additional continuing education hours over the required
forty for renewal. |
| (b) |
If
it the license has been expired more than twelve months, and the
applicant has practiced medicine in Georgia on any occasion after the
expiration date of the license, the applicant must pay a
reinstatement fee of $2,000.00 and provide proof of 40 hours of
additional continuing education over the forty required for
renewal. |
| (c) |
If the
applicant has not practiced medicine in Georgia on any occasion after
the expiration date of the license, the applicant must pay a
reinstatement fee of $500.00 and provide proof of 40 hours of
continuing education within the past two years of
application. |
|
| (3) |
The Board, in its discretion,
may impose any remedial requirements for applicants who have
previously engaged in the practice of medicine and who have not
practiced for a period greater than thirty (30) consecutive months as
approved by the Board. The Board may require the passage of an
examination, such as SPEX, PLAS, or other competency assessments as
approved by the Board |
| (4) |
Prior to reinstatement of a license, the Board must have received an
affidavit that the applicant is a United States citizen, a legal
permanent resident of the United States, or that he/she is a
qualified alien or non-immigrant under the Federal Immigration and
Nationality Act. If the applicant is not a U.S. citizen, he/she must
submit documentation that will determine his/her qualified alien
status. The Board participates in the DHS-USCIS SAVE
(Systematic Alien Verification for Entitlements or "SAVE")
program for the purpose of verifying citizenship and immigration
status information of non-citizens. If the applicant is a qualified
alien or non-immigrant under the Federal Immigration and Nationality
Act, he/she must provide the alien number issued by the Department of
Homeland Security or other federal immigration agency. |
| (5) |
This provision of this rule
shall not be construed to limit the ability of the Board to impose
sanctions for continuing to practice with an expired
license. |
| (6) |
Reinstatement of the license is within the discretion of the
Board. |
| (7) |
The Board may
deny reinstatement for failure to demonstrate current knowledge,
skill and proficiency in the practice of medicine or being mentally
or physically unable to practice medicine with reasonable skill and
safety or for any ground set forth in O.C.G.A. § 43-34-8. |
| (8) |
The denial of reinstatement is
not a contested case, but the applicant shall be entitled to an
appearance before the Board. |
| (1) |
Definitions.
| (a) |
For the purposes of this rule a
not for profit or non-profit agency, institution, corporation or
association is one that exempt from federal taxation and provides
medical services for indigent patients in this State. |
| (b) |
Medically underserved
areas/medically underserved populations mean those areas and
populations that are designated as such by the U.S. Department of
Health and Human Services, Health Resources and Services
Administration, Bureau of Primary Health Care. |
| (c) |
Non-compensated employ means
employment in which the physician has no expectation of payment or
compensation for any medical services rendered, or any compensation
or payment to the physician, either direct or indirect, monetary or
in-kind, for the provision of medical services. |
|
| (2) |
The Board may issue in its
discretion and without examination, a special medical license to
qualifying physicians for the sole purpose of practicing medicine in
the noncompensated employ of public, not for profit, or nonprofit
agencies, institutions, corporations, or associations that provide
medical services solely to indigent patients in medically underserved
or critical need population areas of the State. |
| (3) |
Volunteer licenses may be
issued to persons who:
| (a) |
Possess
a current license to practice medicine in good standing in any
medical licensing jurisdiction in the United States; or, |
| (b) |
Have retired from the full or
part-time practice of medicine and, prior to retirement, maintained a
license to practice medicine in good standing in any
medical-licensing jurisdiction in the United States. |
| (c) |
For purpose of this rule "good
standing" shall mean that the applicant has had no disciplinary
action taken against his/her license by any state, and has not let
his/her license in any state expire or become inactive during an
investigation by a state medical board into allegations relating to
his/her practice of medicine or during a pending disciplinary
action. |
|
| (4) |
Applicants for a volunteer license must complete an application form
approved by the Board. Applications must be complete, including all
required documents, signatures and seals. |
| (5) |
Applicants must furnish the
following evidence:
| (a) |
A copy of
his or her medical degree, if not previously licensed in this
State; |
| (b) |
Proof of
licensure in good standing in the applicant's current and/or all
prior licensing jurisdictions on a form approved by the
Board; |
| (c) |
A notarized
verification of employment form completed by the applicant's employer
documenting the applicant's agreement not to receive compensation for
any medical services he or she may render while practicing under this
Chapter; |
| (d) |
If the
employer is other than a public employer, documentation that the
employer is a not for profit or non-profit agency, institution,
corporation or association that provides medical services only to
indigent patients in this State; |
| (e) |
Evidence of compliance with the
Board's continuing medical education requirements. |
| (f) |
An affidavit that the applicant
is a United States citizen, a legal permanent resident of the United
States, or that he/she is a qualified alien or non-immigrant under
the Federal Immigration and Nationality Act. If the applicant is not
a U.S. citizen, he/she must submit documentation that will determine
his/her qualified alien status. The Board participates in the
DHS-USCIS SAVE (Systematic Alien Verification for
Entitlements or "SAVE") program for the purpose of verifying
citizenship and immigration status information of non-citizens. If
the applicant is a qualified alien or non-immigrant under the Federal
Immigration and Nationality Act, he/she must provide the alien number
issued by the Department of Homeland Security or other federal
immigration agency. |
|
| (6) |
Before the Board considers an
application, an inquiry shall be made by the staff to the National
Practitioner Data Bank (NPDB). |
| (7) |
Applicants who are not in
compliance with the Board's continuing medical education
requirements, but are otherwise qualified to obtain a volunteer
license, shall receive a nonrenewable temporary license to practice
under this rule for a period of six (6) months. |
| (8) |
The volunteer license will
limit practice to the non-compensated employ of the public agency or
institution, or not for profit agency, not for profit institution or
not for profit association who provided notarized verification of
employment pursuant to paragraph 5 (c) of this rule. |
| (9) |
Volunteer licensees are not
permitted to perform any surgical procedure. |
| (10) |
Volunteer licenses are not
subject to application, licensure or renewal fees. |
| (11) |
Volunteer licensees shall at
all times meet the minimum standards of acceptable and prevailing
medical practice. Volunteer licenses shall be subject to disciplinary
provisions of O.C.G.A. §§ 43-34-8,
as well as the Board rules governing unprofessional
conduct. |
| (12) |
Except as
provided in paragraph (7), volunteer licenses issued under this
Chapter will expire on the last day of the month in which the
applicant's birthday falls as provided by Rule
360-2-.05. In addition to
the renewal requirements of Rule
360-2-.05, the renewal
applicant must provide evidence of continued employment in the
non-compensated employ of public, not for profit, or nonprofit
agencies, institutions, corporations, or associations that provide
medical services solely to indigent patients in board. Those
applicants who cannot establish such continued employment are not
eligible to renew their volunteer licenses. |
| (1) |
Definitions.
| (a) |
"ACGME" means
Accreditation Council for Graduate Medical Education. |
| (b) |
"AMA" means American Medical
Association. |
| (c) |
"AOA"
means the American Osteopathic Association. |
| (d) |
"Application" means an
application form completed according to the instructions provided in
the application, which includes all the required documentation,
signatures, seals and the application fee as published in the Board's
fee schedule. |
| (e) |
"Board"
means the Composite State Board of Medical Examiners. |
| (f) |
"ECFMG" means Educational
Commission for Foreign Medical Graduates. |
| (g) |
"Permit holder" means a person
authorized to participate in a postgraduate medical training program
subject to the limitations in O.C.G.A. § 43-34-8
and Rules 360-2-.09 through
360-2-.11. |
| (h) |
"Physician" means a doctor of
medicine or osteopathy licensed to practice medicine by the Board
pursuant to Article 2, Chapter 34 of Title 43 of the Official Code of
Georgia Annotated. |
| (i) |
"Postgraduate training program" means a program for the training of
interns, residents or post residency fellows that is approved by the
Accreditation Council for Graduate Medical Education (ACGME), the
American Osteopathic Association (AOA) or the Board. |
| (j) |
"Temporary postgraduate
training permit" means a permit issued by the Board to a graduate of
a Board approved medical or osteopathic school who is enrolled in a
postgraduate training program deemed acceptable by the Board and who
does not currently hold a full and unrestricted license in this
State. |
| (k) |
"Training
Institution" means an institution that sponsors and conducts a
postgraduate training program approved by the ACGME, the AOA or other
program approved by the Board for the training of interns, residents
or postgraduate fellows. |
|
| (2) |
A temporary postgraduate
training permit is mandatory for participation in all postgraduate
medical training programs in this State, unless the individual holds
a license to practice medicine in this State prior to participating
in the postgraduate medical training program or has applied for a
temporary postgraduate training permit.
| (a) |
The Board shall issue temporary
postgraduate training permits to applicants meeting the Board's
qualifications within 45 days of receipt by the Board of a completed
application. |
| (b) |
Incomplete applications that have been on file with the Board for
more than 60 days shall be deemed invalid, and the applicant shall be
required to submit a new application as provided in paragraph 3 of
this rule. |
|
| (3) |
Requirements for issuance of a temporary postgraduate training
permit:
| (a) |
An affidavit that the
applicant is a United States citizen, a legal permanent resident of
the United States, or that he/she is a qualified alien or
non-immigrant under the Federal Immigration and Nationality Act. If
the applicant is not a U.S. citizen, he/she must submit documentation
that will determine his/her qualified alien status. The Board
participates in the DHS-USCIS SAVE (Systematic Alien
Verification for Entitlements or "SAVE") program for the purpose of
verifying citizenship and immigration status information of
non-citizens. If the applicant is a qualified alien or non-immigrant
under the Federal Immigration and Nationality Act, he/she must
provide the alien number issued by the Department of Homeland
Security or other federal immigration agency. |
| (b) |
Submission of a fully completed
application required by the Board and the application fee as
published in the Board's published fee schedule.
| 1. |
The application form shall be
completed according to the instructions provided in the Application.
The Board will not consider an application until it is complete and
the Board has received all the required documentation, signatures,
seals and fees. |
| 2. |
Applicants shall inform the Board in writing within 10 days of a
change of address while an application is pending. |
| 3. |
Application fees are
nonrefundable. |
| 4. |
Deposit
of an application fee by the Board does not indicate acceptance of
the application or that any other permit requirements have been
fulfilled. |
|
| (a) |
Evidence satisfactory to the
Board of graduation from a medical or osteopathic school approved by
the ACGME, the AOA or the Liaison Committee on Medical Education;
or |
| (b) |
If a graduate of a
foreign medical school, evidence satisfactory to the Board of holding
a valid certificate issued by ECFMG or having successfully completed
a fifth pathway program established in accordance with AMA criteria
and passing the ECFMG qualifying medical component
examination. |
| (c) |
Certification from the Program Director on a form provided by the
Board verifying the applicant's appointment to participate in a
postgraduate training program that is
| 1. |
An internship or residency
program accredited by the ACGME or AOA; or |
| 2. |
A clinical fellowship program at
an institution with a residency program accredited either by the
ACGME or the AOA that is in a clinical field the same as or related
to the clinical field of the fellowship program. |
| 3. |
If there is a change in Program
Directors during the Program year, the new Program Director must so
notify the Board on a form approved by the Board for said
notification. |
|
|
| (4) |
Issuance of a temporary
postgraduate training permit shall not be construed to imply that the
permit holder will be deemed eligible for a license to practice
medicine in this State. |
| (5) |
The Board shall have the
authority to refuse to issue or renew or to suspend, revoke, or limit
a temporary postgraduate training permit based upon any of the
grounds or violations enumerated in OCGA §§ 43-34-8.
Nothing in this rule shall be construed to prevent the Board from
denying or conditionally granting an application for a temporary
postgraduate training permit. |
| (1) |
Each permit holder shall notify
the Board within thirty (30) days of all changes of address. Any
mailing or notice from the Board shall be considered to be served on
the permit holder when sent to the permit holder's last address on
file with the Board. |
| (2) |
All temporary postgraduate training permits shall expire annually on
June 30th, but may, in the discretion of the Board and upon
application duly made and payment of the renewal fee required by the
Board, be renewed annually for the duration of the postgraduate
training program for a period not to exceed seven (7)
years. |
| (3) |
Deposit of the
renewal fee by the Board does not indicate acceptance of the renewal
application or that any permit requirements have been
fulfilled. |
| (4) |
To be
eligible for renewal, the permit holder must furnish satisfactory
evidence that he or she continues to participate in the postgraduate
training program indicated on the completed program director's
certification form as required in Rule
360-2-.09(3)(d). |
| (5) |
Failure to renew a postgraduate
training permit by the designated expiration date shall result in a
penalty for late renewal as required by the Board. Postgraduate
training permits that are not renewed within one month of expiration
shall be revoked for failure to renew and a new application with the
appropriate fee shall be required. |
| (6) |
A permit holder shall not
participate in postgraduate training in this State after the
expiration of a postgraduate training permit. |
| (7) |
All renewal applicants must
provide an affidavit and a secure and verifiable document in
accordance with O.C.G.A.
50-36-1(f).
If the applicant has previously provided a secure and verifiable
document and affidavit of United States citizenship, no additional
documentation of citizenship is required for renewal. If the
applicant for renewal is not a United States citizen, he/she must
submit documentation that will determine his/her qualified alien
status. The Board participates in the DHS-USCIS SAVE (Systematic
Alien Verification for Entitlements or "SAVE") program for purpose of
verifying citizenship and immigration status information of non-U.S.
citizens. If the applicant for renewal is a qualified alien or
non-immigrant under the Federal Immigration and Nationality Act,
he/she must provide the alien number issued by the Department of
Homeland Security or other federal agency. |
| (1) |
The program director shall
immediately notify the Board of withdrawal or termination of a permit
holder from a postgraduate training program and of the reasons for
said withdrawal or termination. |
| (2) |
A permit issued pursuant to
Code Section
43-34-47 and Rules
360-2-.09 or
360-2-.10 shall
automatically expire upon the permit holder's withdrawal or
termination from, completion of the postgraduate training program or
upon the permit holder obtaining a license to practice medicine under
Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia
Annotated. |
| (3) |
A permit
holder who withdraws from a postgraduate training program and is
accepted or appointed to participate in another postgraduate training
program must apply for a new postgraduate training permit as provided
in Rule
360-2-.09; however, the
Board will not issue a new postgraduate training permit as provided
herein if the permit holder's postgraduate training exceeds seven
years. |
| (1) |
Each
training institution may designate a physician, who is licensed in
this State pursuant to Article 2 of Chapter 34 of Title 43 of the
Official Code of Georgia Annotated, who would qualify as a Program
Director to fulfill the responsibilities as set forth in this rule.
Any physician who completed the Program Director Certification form
required by Rule
360-2-.09 and who fails to
comply with the reporting requirements of Rule 360-2-.12 shall be
subject to disciplinary action by the Board. |
| (2) |
Program directors must report
to the Board the following within 15 days of the event:
| (a) |
a permit holder's withdrawal or
termination from or completion of a postgraduate training program and
the reasons for such termination or withdrawal; |
| (b) |
the occurrence of any of the
events identified as grounds for disciplinary action or as violations
enumerated in O.C.G.A. §§ 43-34-8
or a practice restriction taken against a permit holder; |
| (c) |
any permit holder who has an
unauthorized absence from the program for any length of time in
excess of two weeks and the reason; |
|
| (3) |
At the completion of the
program year, Program Directors must provide the Board with a list of
permit holders participating in the Program Director's postgraduate
medical training program who are recommended for advancement to the
next level. |
| (4) |
At the
completion of the program year, Program Directors must report to the
Board whether a permit holder participating in the Program Director's
postgraduate medical training program has failed to advance in the
program for performance or behavioral reasons. |
During an event for which the Governor of the State
of Georgia has issued an executive order declaring a disaster or a
state of emergency, the Board may waive some of the licensure
requirements in order to permit the provision of emergency health
services to the public. Before practicing medicine in Georgia under
this provision, the applicant must receive the Board's approval of
the following:
| (a) |
an
application for this emergency practice permit; |
| (b) |
proof of current and
unrestricted licensure in another state; |
| (c) |
a current National
Practitioner's Data Bank ("NPDB") Report and |
| (d) |
a copy of a valid government
issued photo id.
All permits issued under this provision shall be
valid for 90 days or until the statement of emergency or disaster has
been lifted by the Governor of the State of Georgia, whichever comes
first.
|
| (1) |
An international medical school
seeking Board approval pursuant to O.C.G.A.
43-34-26
shall provide the Board with the following:
| (a) |
A completed application and
application fee. |
| (b) |
Completed self-assessment form that establishes or demonstrates that:
| (i) |
MD Degree or equivalent. The
medical school's educational program leads to an MD degree or the
international equivalent, and the medical school's core curriculum
and clinical instruction meets the standards of schools accredited by
the Liaison Committee on Medical Education and one of the following:
| (A) |
The medical school is owned and
operated by the government of the country in which it is located, and
the country in which it is located and the medical school's primary
purpose is educating its own citizens to practice medicine in that
country; or |
| (B) |
The
medical school has a charter or registration by the jurisdiction in
which it is domiciled and meets the standards set forth in
subsections (b) (ii)-(xi) below. |
|
| (ii) |
Mission and objectives. The
institution shall have a clearly-stated written purpose and mission
statement, and have institutional objectives that are consistent with
preparing graduates to provide competent medical care. These must
include:
| (A) |
Teaching, patient
care, and service to the community; |
| (B) |
The expectations concerning the
education students will receive; and |
| (C) |
The role of basic science and
clinical research as an integral component of its mission, including
the importance, processes, and evaluation of research in medical
education and practice. |
|
| (iii) |
Organization. The institution
shall be organized as a definable academic unit responsible for a
resident educational program that leads to the MD degree. |
| (iv) |
Curriculum. The structure and
content of the educational program shall provide an adequate
foundation in the basic and clinical sciences and shall enable
students to learn the fundamental principles of medicine, to acquire
critical judgment skills, and to use those principles and skills to
provide competent medical care. |
| (v) |
Governance. The administration
and governance structure system shall allow the institution to
accomplish its mission and objectives. |
| (vi) |
Faculty. The faculty shall be
qualified and sufficient in number to achieve the institution's
objectives. A "qualified" faculty member is a person who possesses
either a credential generally recognized in the field of instruction,
or a degree, professional license, or credential at least equivalent
to the level of instruction being taught or evaluated. The
institution shall have a formal ongoing faculty development process
that will enable it to fulfill its mission and objectives. |
| (vii) |
Admission and promotion
standards. The institution shall have and adhere to standards
governing admission requirements and student selection and promotion
that are consistent with the institution's mission and objectives.
|
| (viii) |
Financial
resources. The institution shall possess sufficient financial
resources to accomplish its mission and objectives. |
| (ix) |
Facilities. The institution
shall have, or have access to, facilities, laboratories, equipment,
and library resources that are sufficient to support the educational
programs offered by the institution and to enable it to fulfill its
mission and objectives. If the institution utilizes affiliated
institutions to provide clinical instruction, the institution shall
be fully responsible for the conduct and quality of the educational
program at those affiliated institutions. |
| (x) |
Records. The institution shall
maintain and make available for inspection any records that relate to
the institution's compliance with this section for at least five
years, except that student transcripts shall be retained
indefinitely. |
| (xi) |
Branch
campuses. An institution with more than one campus shall have written
policies and procedures governing the division and sharing of
administrative and teaching responsibilities between the central
administration and faculty, and the administration and faculty of the
other locations. These policies shall be consistent with the
institution's mission and objectives. The institution shall be fully
responsible for the conduct and quality of the educational programs
at these sites. If an institution operates a branch campus located
within the United States or Canada, instruction received at that
branch campus shall be deemed to be instruction received and
evaluated at that institution. For the purpose of this section, the
term "branch campus" means a site other than the main location of the
institution, but does not include any hospital at which only clinical
instruction is provided. |
|
|
| (2) |
The Board may, on its own or at
the request of an institution, determine whether an institution meets
the requirements of subsections 1(a) and 1(b). The Board shall have
the discretion to determine whether a site visit is necessary in
order to verify the accuracy and completeness of the data provided
and to conduct an in-depth review of the program to determine whether
the institution is in compliance with these regulations. |
| (3) |
The Board may receive, review,
evaluate, and process any materials and visit the facilities of an
institution seeking approval of their program, or the Board may
contract with an independent company or agency to perform those
services for and make recommendations to the Board. The Board shall
make the final decision regarding the approval of an institution and
its program. All costs related to the evaluation and review process,
including costs for a site visit, must be paid by the institution
under review and be negotiated with the Board or the company selected
by the Board to perform the evaluation. |
| (4) |
An institution's failure to
provide requested data regarding its educational program or to
cooperate with a site visit team shall be grounds for disapproval of
its educational program. |
| (5) |
If an institution receives and
wishes to retain the Board approval of its educational program, it
shall do the following:
| (a) |
Notify
the Board, in writing, no later than 30 days after making any changes
to the following:
| (ii) |
Mission,
purpose, or objectives; |
| (iv) |
Any change in curriculum or
other circumstances that would affect the institution's compliance
with subsections (a) and (b);. |
| (v) |
Shift of change in control. A
"shift or change in control" means any change in the power or to
manage, direct, or influence the conduct, policies, and affairs of
the institution from one person or group of people to another person
or group of people. This does not include the replacement of an
administrator with another person, if the owner does not transfer any
interest in, or relinquish any control of, the institution to that
person. |
|
| (b) |
Every seven years, the institution shall submit to the Board
documentation sufficient to establish that it remains in compliance
with the requirements of this section. |
| (c) |
The documentation submitted
pursuant to subsection (5)(b) shall be reviewed by the Board or its
designee to determine whether the institution remains in compliance
with the requirements of this section. The Board shall make the
decision if the institution remains in
compliance. |
|
| (6) |
The Board may, at any time, withdraw its determination of approval
when an institution is no longer in compliance with this section.
Prior to withdrawing its determination of approval, the Board shall
send the institution a written notice of its intent to withdraw its
approval, identifying those deficiencies upon which it is proposing
to base the withdrawal, and giving the institution 120 days from the
date of the notice to respond to the notice. The Board shall have the
sole discretion to determine whether a site visit is necessary in
order to ascertain the institution's compliance with this section.
The Board shall notify the institution of its decision and the basis
for that decision. |
| (7) |
The approval process outlined in this rule does not apply to medical
schools that have already been classified as "Approved Medical
Schools" in Rule
360-2-.01(1)(g)(i).
Pursuant to Rule
360-2-.01(1)(g)(i),
"Approved Medical Schools" are medical schools located in the United
States, Puerto Rico, and Canada and those listed on the Medical
Schools Recognized by the Medical Board of California (effective
February 4, 2010, adopted by reference) and schools that have been
approved by a regional accreditation authority with standards
equivalent to LCME and approved by the National Committee on Foreign
Medical Education and Accreditation (NCFMEA)." |
| (1) |
Definitions. As used in this
rule, the following words shall mean:
| (a) |
"Administrative Medicine" means
administration or management utilizing the medical and clinical
knowledge, skill, and judgment of a licensed physician capable of
affecting the health and safety of the public or any person but shall
not include the practice of medicine. |
| (b) |
"Administrative medicine
license" means a licensed issued by the Board to engage in the
practice of administrative medicine. |
| (c) |
"Board" means the Georgia
Composite Medical Board. |
|
| (2) |
An applicant for an
administrative medicine license shall meet all the requirements for
issuance of a full license as provided in Rule
360-2-.01 except that the
applicant shall not be required to show recent clinical
practice. |
| (3) |
An
administrative license, once issued, shall be renewable as provided
in Rule
360-2-.05 and such applicant
for renewal must comply with the provisions relating to continuing
education as provided in Rule
360-15-.01. |
| (4) |
A person holding an
administrative medicine license shall not be authorized to perform
any surgical procedure, write prescriptions, or practice any clinical
medicine. |
| (5) |
Licensees
shall be subject to disciplinary provisions of O.C.G.A. §§ 43-34-8,
as well as the Board rules governing unprofessional
conduct. |
| (6) |
This Rule
shall have no effect on any person holding an unrestricted license
issued prior to the effective date of this Rule; provided, however,
that the license of any physician who has agreed to a board order
where the only requirement of the order is the restriction of
practice to administrative medicine based solely on the failure to
meet the licensure clinical requirements to be engaged in the active
practice of medicine may convert the license to an administrative
medicine license by applying to the Board for such change and the
Board's order regarding such physician shall be terminated. |
| (7) |
The Board may convert an
administrative license to a full and unrestricted license. In order
to convert an administrative medicine license to a full and
unrestricted license, the administrative medicine licensee shall
submit an application to the Board and shall demonstrate to the
satisfaction of the board such licensee has the clinical competence
to practice medicine under an unrestricted license and meets all
applicable eligibility requirements for an unrestricted license
including, but not be limited to, requiring the administrative
medicine licensee to pass any examination or examinations the board
deems necessary demonstrating clinical competency. |
| (8) |
The fee for the application and
for renewals and late renewals shall be designated in the fee
schedule. |
| (1) |
A physician licensed in another
state or foreign country who intends to enter into this state for the
sole purpose of participating in or providing educational training
that involves the provision of patient care must apply for an
educational training certificate in order to provide patient care.
For purposes of this rule "educational training" shall include
medical education training, conference, clinics, workshops or
courses. |
| (2) |
The
applicant for an education training certificate must complete an
application form provided by the Board, including all required
documents, signatures and seals. Said application must include:
| (a) |
Proof of licensure in good
standing in the applicant's current and licensing jurisdictions on a
form approved by the Board. For the purpose of this rule "good
standing" shall mean that the applicant has had no disciplinary
action taken against his/her license by any state and that his/her
license in any state is still active. |
| (b) |
A current report from the
National Practitioner's Databank. |
| (c) |
Information about the
educational program including:
| 2. |
Copies
of program agendas, including the name of the provider(s), and the
topics covered. |
| 3. |
Other
instructor's names and credentials |
| 4. |
Location of the
course. |
|
| (d) |
A
fee as set by the Board on the fee schedule. |
|
| (3) |
Any educational training
certificate issued by the Board will be valid for three months after
issuance. After that time, it will expire. Any out of state physician
needing additional time for an educational training certificate must
reapply for an additional certificate. |
| (1) |
Must meet the requirements of
Rule
360-2-.01 and hold a full
and unrestricted license to practice medicine in another
state. |
| (2) |
Telemedicine
License will be limited to the practice of telemedicine and shall not
be used to practice medicine physically in this state on a patient
that is in this state, unless an emergency. |
| (5) |
Once licensed applicant must
notify the Board of any restrictions placed on his or her license or
revocation of his or her license by a licensing board or entity in
another state. |
| (6) |
Issuance of this license is at the discretion of the Board. |
| (7) |
The denial of a telemedicine
license is not a contested case, but the applicant shall be entitled
to an appearance before the Board. |
