Ga. Comp. R. & Regs. 360-2-.08

Current through Rules and Regulations filed through October 17, 2024
Rule 360-2-.08 - Volunteers in Medicine
(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.

Ga. Comp. R. & Regs. R. 360-2-.08

O.C.G.A. Secs. 43-1-19, 43-34-5, 43-34-24, 43-34-24.1, 43-34-37, 43-34-41, 43-34-45.1.

Original Rule entitled "Refusal or Revocation of License" adopted. F. and eff. June 30, 1965.
Repealed: New Rule of same title adopted. F. Oct. 2, 1970; eff. Oct. 22, 1970.
Repealed: New Rule entitled "Volunteers in Medicine" adopted. F. Jan. 24, 2002; eff. Feb. 13, 2002.
Repealed: New Rule of same title adopted. F. Jan. 23, 2004; eff. Feb. 12, 2004.
Amended: F. Feb. 10, 2006; eff. Mar. 2, 2006.
Amended: F. Apr. 3, 2009; eff. Apr. 23, 2009.
Repealed: New Rule of same title adopted. F. May, 11, 2012; eff. May 31, 2012.