Practice of Medicine
Maintaining Your Georgia Composite Board Physician Profile
If you’re involved in a medical malpractice case, you may be required to report the event to the Georgia Composite Board of Medicine. It’s important to review the guidelines or consult with MagMutual to ensure that you’re in compliance with any reporting requirements, as the penalties can be serious. In addition, the Board imposes specific reporting guidelines regarding DUI arrests and convictions that physicians need to be aware of.
- Ensure that you’re familiar with the most current reporting requirements for malpractice matters under Georgia law.
- Ensure that there’s a reporting process for malpractice matters for physicians and a policy in place within your practice.
- Ensure that your practice maintains accurate copies of all licensure renewal applications.
Did you know that you may be required to report a medical malpractice judgment or settlement to the Georgia Composite Board of Medicine to be included in your online physician profile? Many physicians may not be aware of this law, but certain settlement or judgments awarded in a medical malpractice case or claim must be reported by the physician to the Board within 10 days of the event. While MagMutual may be required to report the payment of a judgment or settlement to the Board, Georgia law also states that a physician must report the following:
- Any judgment and/or arbitration award against the physician that was in excess of $100,000.
- Minimum four settlements, regardless of amount.
- Three settlements with at least one settlement over $100,000.
- Any settlement in which at least one payment is in excess of $300,000.
See O.C.G.A. § 43-34A-3.
There are additional events and circumstances that are required by law to be reported to the Board and will be included in a physician profile. Please review the statute cited above to determine exactly what your reporting obligations are.
You may also have an obligation to report a DUI arrest to the Georgia Composite Medical Board. In Georgia, DUIs are normally considered misdemeanors absent additional circumstances (minors in the vehicle, collisions that cause serious bodily harm to third parties, multiple offenses, etc.). If the DUI charge is and remains a misdemeanor, the physician does not have to immediately self-report the arrest or subsequent conviction to the Board.
However, if the DUI charge is a felony, the physician should immediately report the DUI to the Board after a formal conviction. A guilty verdict, first offender plea and plea of nolo contendere are all convictions under O.C.G.A. § 43-34-8(3). The physician has 10 days to report the conviction under O.C.G.A. § 43-34-10. Finally, the physician should also notify the practice of the conviction.
Even if the physician is not required to immediately self-report the DUI because it was a misdemeanor charge, the physician will have to report the arrest and possible conviction when renewing their medical license. The physician should report the DUI accurately on the license renewal application. Failing to report the arrest/conviction will give the Board reason to revoke, suspend or limit a physician’s medical license. The practice should also request that the physician provide the practice with a copy of the licensure renewal application.
If you’re involved with a medical malpractice claim, consult with MagMutual regarding any reporting requirements early in the process.
Keep accurate notes and maintain documentation throughout the reporting process.
Collect all documentation related to a claim and safely store everything in one location.
Providers face serious disciplinary action by the Board if they fail to adequately report events. Consequences can range from hefty fines to license restriction, suspension or even revocation in some cases.
Answers are provided below
True or false?
Question 1: If my medical malpractice insurance company reports the payment of one of the judgments or settlements mentioned above to the Board, I do not also have to report such an event.
Question 2: I should self-report a DUI arrest only if it results in a felony charge to the Georgia Composite Medical Board.
Question 3: I have to report a DUI arrest, even if it’s a misdemeanor, on my renewal application.
Question 1: False. While your medical malpractice insurance company may be required to report the event to the Board, Georgia law states that a physician must also report the event to the Board within 10 days.
Question 2: True. If the DUI charge is a felony, the physician has 10 days after a formal conviction to report it to the Board.
Question 3: True. You report the misdemeanor DUI accurately on the license renewal application since failing to report it gives the Board reason to revoke, suspend or limit your medical license.
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The information provided in this resource does not constitute legal, medical or any other professional advice, nor does it establish a standard of care. This resource has been created as an aid to you in your practice. The ultimate decision on how to use the information provided rests solely with you, the PolicyOwner.