Rule 360-8-.04 - Denial of Licensure(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 43-34-8, 43-34-283 and /or 43-34-284.(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. 360-8-.04
O.C.G.A. Sections 43-34-5, 43-34-8, 43-34-9, 43-34-282, 43-34-283, 43-34-284, 43-34-286, and 43-34-288.
Original Rule entitled "Denial of Licensure" adopted. F. Jun. 23, 2014; eff. July 13, 2014.