§ 43-26-58 - (Repealed effective July 1, 2011) Grounds for refusal to grant or to renew a certificate; notice and hearing within meaning of Administrative Procedure Act not required
O.C.G.A. 43-26-58 (2010)
43-26-58. (Repealed effective July 1, 2011) Grounds for refusal to grant or to renew a certificate; notice and hearing within meaning of Administrative Procedure Act not required
(a) The board shall have the authority to refuse to grant or to renew a certificate to an applicant, to revoke the certificate of a certificate holder, or to discipline a certificate holder upon a finding by the board that the applicant or certificate holder has:
(1) Been convicted of a felony, a crime involving moral turpitude, or any crime violating a federal or state law relating to controlled substances or dangerous drugs or marijuana in the courts of this state, any other state, territory, or country, or in the courts of the United States, including, but not limited to, a plea of nolo contendere entered to the charge, the granting of first offender treatment without adjudication of guilt, or the withholding of adjudication of guilt on the charges or crime;
(2) Had a certificate to practice as a qualified medication aide revoked, suspended, or annulled by any lawful certificating authority of any state or county, had other disciplinary action taken by any lawful certificating authority for any certification or licensure to practice a business or profession, including refusal of certification or licensure, or was denied a certificate by any lawful certificating authority;
(3) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term "unprofessional conduct" includes any departure from, or the failure to conform to, the minimum standards of acceptable and prevailing practice as a qualified medication aide;
(4) Violated or attempted to violate a law or any lawfully promulgated rule or regulation of the board, this state, any other state, the United States, or any other lawful authority, without regard to whether the violation is criminally punishable, which statute, law, or rule or regulation relates to or in part regulates the practice of a qualified medication aide, when the qualified medication aide or applicant knows or should have known that such action violates such law or rule or regulation;
(5) Violated a lawful order of the board previously entered by the board or the order of any certifying or licensing authority; or
(6) Displayed an inability to practice as a qualified medication aide with reasonable skill and safety due to illness; use of alcohol, drugs, narcotics, chemicals, or any other types of material; or as a result of any mental or physical condition.
(A) In enforcement of this paragraph, the board may, upon reasonable grounds, require a certificate holder or applicant to submit to a mental or physical examination by a board approved health care professional. The expense of such mental or physical examination shall be borne by the certificate holder or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under contrary law or rule. Every certificate holder and applicant shall be deemed to have given such person's consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a certificate holder or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond that person's control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any certificate holder or applicant who is prohibited from practicing under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that such person can resume or begin to practice as a qualified medication aide with reasonable skill and safety.
(B) In enforcement of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a certificate holder or applicant, including psychiatric records; such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary law or rule. Every person who is certificated in this state or who shall file an application for said certificate shall be deemed to have given such person's consent to the board's obtaining such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication.
(b) Neither denial of an initial certificate, the issuance of a private reprimand, nor the denial of a request for reinstatement of a certificate on the grounds that the certificate holder or applicant has failed to meet the minimum requirements shall be considered a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; and notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the certificate holder or applicant shall be allowed to appear before the board if he or she so requests.