GEORGIA BOARD OF CHIROPRACTIC EXAMINERS

Board Update

Legal Charge of the Georgia Board of Chiropractic

Examiners 

The board shall possess and exercise such powers to protect the public health,

safety and welfare of the public through the regulation of the practice of

chiropractic.

The members of the Georgia Board of Chiropractic Examiners come from various backgrounds and specialties

within their profession; however, before any Board decisions can be rendered, a quorum (majority) of the

Board Members must be present and the majority must be in agreement.

Board Members

Karen I. Mathiak, D.C., PresidentDavid Wren, D.C., Vice-President

Emily Campbell, Consumer MemberAndy Krantz, D.C.

Mary Watkins, D.C.

It is important to note that the consumer member is the only member who is not connected in any way to the practice of chiropractic.

Board Staff 

Adrienne D. Price, Executive DirectorKathy Osier, Licensing SupervisorSonja Glover, Licensing Analyst

Kimberly Candler, Complaints/Compliance AnalystTamara Elliott, Board Support Specialist

 

Board Attorney

D. Williams-McNeely, Assistant Attorney General

Statistical Data:

Georgia licensed Chiropractors

(as of 04/06/2015)3,143

Licenses Issued (01/01/2014 – 12/31/2014)201

Statistical Data Continued…

Complaints/Disciplinary (01/01/2014 – 12/31/2014)

The Board initiated 60 investigations during this time period related to unlicensed practice, arrests, records release violations, advertising violations, sexual misconduct and a failure to meet standards of practice.

9 Disciplinary actions taken / consent orders accepted related to unlicensed practice, tracking of criminal probation or failure to comply with the terms of a previous order.

2014-2015 Meeting DatesAll meetings are held at the Professional Licensing Boards Division in Macon, GA unless otherwise specified. The meeting dates are as follows:

November 07January 16March 13

May 1July 10

September 18November 6

 All Board meetings are open to the public and are held in compliance with the Georgia Open Meetings Act.

The Investigative Subcommittee of the Board meetsFebruary 5, April 9, June 4, August 20, October 8, December 10.

These meetings are not open to the public as complaints and

investigations are confidential by law.

Board Members must be dedicated to attending the meetings…

When it becomes necessary to cancel a Board Meeting due to inclement weather, the Board may opt to hold a conference

call to discuss cases or attempt to reschedule the meeting as soon as possible.

but not in the midst of Snowmagedon!

Licensure Process Applicants must submit:

Completed Application; $275 non-refundable application fee; Transcript showing D.C. from CCE-accredited college; Parts 1-4 National Board Examination (Pass=375); Undergraduate transcripts documenting completion of not

less than 60 quarter/90 semester hours; Verification of licensure from all states where applicant

holds or has ever held a license; Passing score on Georgia law examination; and Applicants wishing to have the Certified in Modalities

designation must submit documentation of 120 hours of coursework in therapeutics.

Other information as determined by the Board (i.e. verification of employment, a curriculum vitae, continuing education, etc.).

Licensure Process Continued…

Standard processing time may take up to 25 business days.

Processing time may be extended for the following reasons: An incomplete application to include missing

documentation, failure to complete forms accurately, insufficient funds for the application fee

Criminal history History of Disciplinary Action by another

jurisdiction or Board. Submission of a Petition for Rule Waiver or Variance

regarding certain regulatory requirements.

Complaint / Investigative Case File is received

by the Board

Determination is made as to

whether or not the allegation

would be a violation of Board laws, rules and policies

If allegation is within the

Board's jurisdiction, the

complaint is referred to the

SOS Investigations

Division

The investigative findings are

returned to the Investigative Subcommittee of the Board to

make a recommendation regarding an action by the

Board

Investigative Committee

makes recommendati

ons to the Board & the

Board renders a decision on

the case and/or begins the process

again if more investigation is necessary.

TheComplaint Process

A detailed explanation of the complaint process may be located on home page of the Secretary of State website.

http://sos.ga.gov/PLB/acrobat/Forms/99%20Reference%20-%20Complaint%20Process%20Details.pdf

Most common complaints Unprofessional Conduct

Failure to Release Records Unlicensed Practice Substandard Practice Malpractice Claims

Advertising Practitioner’s failure to identify themselves as D.C.,

Chiropractor or Doctor of Chiropractic This statute is also referenced in Board Rule 100-7-.03

Sexual misconduct Inappropriate interactions with patients/staff

Financial issues Billing for services not rendered Insurance billing discrepancies No fee for service

How To File An Online Complaint Visit http://sos.ga.gov/ & Select the “Licensing” link at the top of the

page

How to File An Online Complaint Locate the “Submit a Complaint” button

on the page and select it.

How to File An Online Complaint Complete the online submission form in

its entirety with as much information as you have available and select “Submit.”

Additional Methods For Filing a Complaint

A complaint may also be submitted via: US Mail Email Phone - Please be aware that if a complaint is submitted via the phone,

pertinent information will be documented; however, the complaint process may not begin if the complainant does not submit the substance of the complaint in a written format.

Anonymous complaints are accepted; however, they may or may not be acted upon by the Board if the complainant fails to submit enough detail on which the Board may initiate an investigation

Complainant’s information is confidential during the course of the investigation; however, should the case proceed to hearing it is possible that the complainant’s identity may be realized. It is also possible for the licensee/respondent to surmise the identity of the complainant based on the information that is provided to them in order to illicit a response.

The Board Decision When considering information relevant to a complaint investigation, the

Board may either:

Close the case

Conduct an additional investigation

Issue a non-disciplinary action through: A Mitigating Letter – a settlement agreement between the Board and the

Licensee/Respondent, i.e. if the individual meets certain conditions established by the Board, no public action will be taken and the case will be closed.

A Letter of Concern – a statement from the Board that the allegations are of concern to the Board but the evidence does not rise to the level of a sanction or disciplinary action.

Sanction or discipline a license by: A Private Order/Agreement – not available to the public but may be released to law

enforcement agencies or lawful licensing authorities A Public Order/Agreement – is available for public review and is typically posted on the

license verification site. Public actions are also reportable to the National Practitioner Databank (NPDB) and The Chiropractic Information Network/Board Action Databank (CIN-BAD).

Deny the issuance of a license (which is also an action reportable to NPDB and CIN-BAD).

What is NPDB & CIN-BAD National Practitioner Databank (NPDB) The National Practitioner Data Bank

(NPDB), or "the Data Bank," is a confidential information clearinghouse created by Congress with the primary goals of improving health care quality, protecting the public, and reducing health care fraud and abuse in the U.S. See Table 1 for information on who can query and report to the Data Bank.- http://www.npdb.hrsa.gov/topNavigation/aboutUs.jsp

The Chiropractic Information Network/Board Action Databank (CIN-BAD) is an inter-jurisdictional chiropractic board action database of information on public actions taken by chiropractic regulatory licensing boards and/or exclusions from Medicare/Medicaid reimbursement by the U.S. Department of Health & Human Services with regard to individual chiropractors. It is maintained by the Federation of Chiropractic Licensing Boards as a service to its member boards, to the health care community, and to the general public. - http://www.fclb.org/AboutCIN-BAD.aspx

Both databanks house public actions and help the Board to protect the public health, safety and welfare by enabling the Board to track those individuals who

have violated the law and/or engaged in unsafe or unauthorized practices in other states.

How Does The Board Decide? Public or Private

Board decisions are made in accordance with the laws, rules and policies. Factors the Board considers several factors when determining whether to issue a public or private sanction to include: Preponderance of the Evidence Severity of the violation/allegation, i.e. was the patient

harmed, the general public, the licensee? Relevant precedent, i.e. was the same action taken in

similar cases? Why or why not? The Licensee’s/Respondent’s History with the Board, i.e.

arrests, frequency of substantiated complaints, history of actions taken by other boards

If the action taken will help the licensee/respondent become a better practitioner

VS.TYPES PUBLIC ACTIONS

Denial – Board refusal to issue , grant, reinstate or renew a license

Revocation – The license is taken away from the license holder by operation of law, i.e. court order by an Administrative Law Judge or for failure to renew.

Suspension – The license holder is not allowed to practice for a period of time designated by the Board.

Probation – The license holder has practice restrictions, limitations, conditions and/or fines on the license as defined by Board Order/Agreement.

Reprimand – A formal order of reproof which may also include a fine or fee.

Surrender – The license holder signs an order or submits a signed statement voluntarily revoking his/her license

Cease and Desist – Order requiring a licensee, applicant or individual engaging in Unlicensed Practice to immediately cease said practice.

TYPES OF PRIVATE ACTIONS

Mental/Physical Examination – used when a licensee has displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material. The outcome may result in an additional private or a public action.

Suspension – The license holder is not allowed to practice for a period of time designated by the Board.

Probation – The license holder has practice restrictions, limitations, conditions and/or fines on the license as defined by Board Order/Agreement.

Reprimand – A formal order of reproof which may also include a fine or fee.

Current Issues of Interest Increasing awareness and encouraging active participation in

state organizations

Minimizing incidences of Unprofessional conduct/boundary violations involving solicitation by runners, sexual misconduct and conduct when using Social Media.

Educating chiropractors about how to effectively communicate with patients concerning practices/procedures

Inappropriate/over-reaching billing practices

Implementing rules that will assist chiropractors in improving upon documentation within the medical records.

Unlicensed practice and hesitation of local DA’s to prosecute cases

What About Chiropractic Assistants?

Georgia law does not allow an unlicensed individual (C.A.) to work under a D.C.’s license to provide massage therapy services.

C.A.’s can still perform other duties under the direct supervision of the D.C. to include but not be limited to: Physiological Therapeutics Patient history X-Rays with certification

A Rule Amendment Adopted in 2014

100-5-.02 - Approval of Educational Programs to allow CE Credit for insurance billing/reporting/coding and procedures

Policy Amendments in 2014

Policy # 16 - The Georgia Board of Chiropractic Examiners instructs staff to administratively report all public board actions to the Federation of Chiropractic Licensing Boards Chiropractic Information Network/Board Action Databank (FCLB CIN-BAD).

* This policy was adopted at the September 12, 2014 board meeting.

Policy # 17 - Continuing education programs granted Board approval must submit a new application for approval each year. Applications are to be submitted at least sixty (60) days prior to the anniversary of the approval date from the previous year. The Board reserves the right to deny the acceptance of hours submitted from participants of any program which fails to timely submit a new application for approval.

* This policy was adopted at the November 7, 2014 meeting.

Patient Records LawO.C.G.A. §31-33 Health Records

Georgia Patients Records laws can be found under the Laws, Policies & Rules on the Board’s websitehttp://sos.ga.gov/PLB/acrobat/Forms/12%20Reference%20-%20O.C.G.A.%20TITLE%2031%20Chapter%2033%20Health%20Records.pdf

The law requires providers to maintain patient records for not less than 10 years from the date patient last treated.

Further provides for the cost of copying and mailing patient records.

A practitioner cannot refuse to release patient records if the patient has an outstanding balance.

CE RequirementsBoard Rule 100-5-.02

20 hours required per year 15 in clinical sciences 4 in ethics and risk management 1 in Georgia laws and rules

Maximum of 3 in philosophy Maximum of 4 in clinical documentation

Each licensed chiropractor shall maintain in his/her own possession certificates of attendance at continuing education meetings for a period of 4 years from the date of the program.

Each doctor of chiropractic is responsible for determining in advance that the courses which he/she proposes to attend are sponsored by an approved provider.

A continuing education audit may be conducted on any licensee during renewal.

IF A LICENSEE ANSWERS “NO” TO HAVING MET THE CONTINUING REQUIREMENTS, THAT LICENSEE IS AUTOMATICALLY AUDITED AND SUBJECT TO DISCIPLINARY ACTION BY THE BOARD.

License Renewal Deadline – 12/31

Fee $125. Late Renewal 01/01 – 03/31- Fee $225.

04/01 or later – Reinstatement Required  No licensee can practice after

12/31until the license has been renewed.

It is the licensed D.C.’s sole responsibility to assure timely renewal of his/her professional license. 

Thank You

Georgia Board of Chiropractic Examiners

237 Coliseum Dr.Macon, GA 31217

478/207-2440Fax 866/888-1308

http://sos.ga.gov/index.php/licensing/plb/14