Title 42, Chapter 9, Section 12
( 42-9-12)
(a) Whenever the Governor has personal knowledge or receives
information deemed by him to be reliable that any member of the
board, by reason of illness or other providential cause, is unable
to perform the duties of his office, he shall call a council to be
composed of the president of the Medical Association of Georgia, the
president of the State Bar of Georgia, and the commissioner of human
resources for the purpose of ascertaining whether or not any member
of the board is in fact unable to perform the duties of his office.
In the event the president of the Medical Association of Georgia is
disqualified or unable for any cause to serve on the council, he
shall appoint some other member of the Medical Association of
Georgia, preferably an elected officer therein, to serve in his
place and stead; and he shall notify the Governor of his appointee.
In the event the president of the State Bar of Georgia is
disqualified or unable for any cause to serve on the council, he
shall appoint some other member of the State Bar of Georgia,
preferably an elected officer therein, to serve in his place and
stead; and he shall notify the Governor of his appointee. In the
event the commissioner of human resources is disqualified or unable
for any cause to serve on the council, the chairman of the Board of
Human Resources, if he is a physician licensed to practice under
Chapter 34 of Title 43, shall serve in place of the commissioner. If
both the commissioner and the chairman are disqualified or unable
for any cause to serve on the council, the chairman shall designate
a member of the Board of Human Resources who is a physician licensed
to practice under Chapter 34 of Title 43 to serve on the council.
The chairman shall notify the Governor of his appointee. (b) The Governor shall inform the council, appointed pursuant to
subsection (a) of this Code section, of the information which has
caused him to believe that a member of the board is unable to
perform the duties of his office. If the council or a majority
thereof, after a full investigation and examination into the truth
of such information, shall, in writing duly signed, find that a
member is incapacitated to perform the duties of his office, the
Governor shall execute an executive order relating such facts. The
member shall thereupon be suspended from performing the duties of
his office and the Governor shall appoint a person to perform the
duties of such member of the board during his incapacity. (c) The person appointed to perform the duties of a member of the
board shall give bond with good security as required of other
members of the board, shall be given the same oath of office as
other members of the board, and shall be issued a commission as a
member of the board, which shall be effective so long as the person
performs the duties of a member of the board. Upon giving the bond
and taking the oath as required by this Code section, and upon being
issued his commission as authorized in this Code section, the person
shall be authorized to do everything, perform every act, and
exercise every prerogative and discretion that any other member of
the board might do, perform, or exercise under existing law. (d) The person appointed to serve as a member of the board in the
place and stead of an incapacitated member shall be subject to the
confirmation of the Senate, if the Senate is in session at the time
of his appointment or convenes in session prior to the expiration of
his appointment. Any such appointment made at times when the Senate
is not in session shall be effective ad interim.
(e) During the period of incapacity of a member of the board, the
member shall be entitled to receive the compensation and such other
benefits as may be provided by law or otherwise for members of the
board. (f) Notwithstanding any other law to the contrary, the appointee may
be an elected official, appointed official, or employee of this
state. The order appointing the person to serve in the place and
stead of any incapacitated member shall include his compensation.
The compensation to be received by such person shall not exceed the
compensation received by other members of the board. (g) No member of the council designated pursuant to this Code
section shall be civilly or criminally liable for his actions and
doings as a member of the council. This provision may be pleaded as
an absolute defense in any civil or criminal proceedings relative
thereto. |