(a) The board shall not be under the jurisdiction of the Secretary of State but shall be an independent state agency attached to the Department of Community Health for administrative purposes only, as provided in Code Section 50-4-3, except that such department shall prepare and submit the budget for the board. The board shall not be a professional licensing board but shall have with respect to all matters within the jurisdiction of the Composite State Board of Medical Examiners as provided under this chapter the powers, duties, and functions of such licensing boards as provided in Chapter 1 of this title. (b) The board shall appoint and fix the compensation of an executive
director of such board who shall serve at the pleasure of the board.
Any reference in this chapter to the executive director shall mean
the executive director appointed pursuant to this subsection. The
executive director shall have, with respect to the board, the same
powers, duties, and functions granted to the division director with
respect to professional licensing boards under Chapter 1 of this
title but without being subject to any approval or other powers
exercised by the Secretary of State. (c) Meetings and hearings of the board shall be held at the site of
the office of the board or at such other site as may be specified by
the president of the board. A majority of the members of the board
shall constitute a quorum for the transaction of business of the
board. (d) Licenses issued by the board which are subject to renewal shall
be valid for up to two years and shall be renewable biennially on
the renewal date established by the board. (e) The board, through the executive director, may hire investigators for the purpose of conducting investigations for the board and those persons shall be designated as investigators and have the powers, duties, and status of investigators for professional licensing boards under Code Section 43-1-5. Notwithstanding the provisions of Code Section 50-4-3 and with the concurrence of the board, the Department of Community Health shall be authorized to employ and provide for the compensation of staff as is necessary to assist in carrying out the functions of the board. Staff so hired shall be subject to the rules and confidentiality requirements of the board and to the supervision of the executive director of the board. (f) The venue of any action involving members of the board shall be
governed by the laws of this state relating to venue. The executive
director of the board shall not be considered a member of the board
in determining the venue of any such action and no court shall have
jurisdiction of any such action solely by virtue of the executive
director residing or maintaining a residence within its
jurisdiction. (g) The board shall give point credit to veterans in the same manner as required for professional licensing boards under Code Sections 43-1-9 through 43-1-13. (h) Persons appointed to the board shall be subject to Senate confirmation as provided in Code Section 43-1-16 and subject to removal as provided in Code Section 43-1-17. (i) Initial judicial review of a final decision of the board shall
be had solely in the superior court of the county of domicile of the
board. (j) The board, through the executive director, shall hire such
personnel as it deems necessary to carry out its functions under
this chapter and may appoint professionally qualified persons to
serve as members of peer review committees; provided, however, that
no licensing, investigative, or disciplinary duties or functions of
the board may be delegated to any medical association or related
entity by contract or otherwise. (k) The board shall make a report no later than December 31 of each
year covering the activities of the board for that calendar year,
which report shall be submitted to the commissioner of community
health, and shall be made available to any member of the General
Assembly upon request. |