GCMB UPDATE
The effects of COVID-19 on the Georgia Composite Medical Board By John S. Antalis, M.D., past chair and member, Georgia Composite Medical Board John S. Antalis, M.D.
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ho would have thought that an obscure virus that originated in China in November 2019 would consume our lives as physicians in 2020? Health care workers on front lines who have battled this pandemic, many of whom have lost their lives, deserve our deepest thanks and appreciation. COVID-19 has affected the work of the Georgia Composite Medical Board (GCMB). However, the work has nonetheless continued thanks to the dedication of its executive director, staff, and my fellow colleagues on the board. GCMB has held virtual interviews and committee meetings since April. It appears that this will continue for the foreseeable future. The Georgia General Assembly postponed its session for two months, finally coming to an end in late June. GCMB will develop rules for the following bills that have been signed into law by Georgia Gov. Brian Kemp... H.B. 752: Update on Georgia’s participation in the ‘Interstate Compact’ This added language authorizing the GBI to conduct background checks, as required by the compact, on physicians who use Georgia as their “home state.” S.B. 321: PA & APRN updates This allows physicians in ANY practice to supervise up to four PAs. It also allows APRNs to order radiographic imaging in non-lifethreatening situations if the procedure is covered by their protocol agreement and has been approved by GCMB. S.B. 313/H.B. 946: Change in PBM practices This will make pharmacy benefit managers (PBMs) more accountable to physicians and patients. It will prevent them from requiring patients to use PBM-owned pharmacies and receiving additional pharmaceutical manufacturer rebates by limiting drugs on the formularies to those who have given rebates, and it requires PBMs to utilize physicians who have been actively practicing within the last five years in the same specialty area for providing advisement in connection with a prior authorization or step therapy appeal or determination review. H.B. 888: Out-of-network payment reform This was one of MAG’s legislative priorities for 2020. GCMB will only have a role in enforcing this law if the insurance commissioner finds a physician has either displayed a pattern of acting of violating the law or has failed to comply with a lawful order of the commissioner or an arbitrator. S.B. 359: COVID-19 liability protections This will protect all health care providers and health care facilities against COVD-19 liability claims that involve injury or death, unforeseen delivery of health care due to the virus, or unintentional infection or exposure to a patient. Gross negligence, willful
and wanton misconduct, the reckless infliction of harm, or the intentional infliction of harm is not protected. H.B. 1125: Improved compiling and reporting of high-risk breast cancer patients As a result of this bill, the Georgia Department of Community Health and GCMB will compile pertinent breast cancer data that is based on history and risk factors, GCMB will disseminate the data on a yearly basis to Georgia physicians, and the State Health Benefit Plan will be required to cover breast cancer screening for patients who are at high risk and over 30 years old. H.B. 914: Approval of medical license by endorsement for military spouses This allows a military spouse to obtain a Georgia medical license “by endorsement” (i.e., transfer) if they possess an active out-ofstate license and are in good standing without any infractions in any state. Also note that GCMB has established three committees to respond to issues affecting Georgia physicians and patients. Sexual Boundary Committee This began as an ad-hoc committee in 2016. In 2017, the Federation of State Medical Boards (FSMB) created a work group of physicians – including one from Georgia – and other interested organizations to create a white paper on sexual misconduct, which was completed in 2020. This FSMB work group white paper addressed licensing boards’ actions in the areas of discipline, reporting barriers, and expanding sexual boundary/harassment education training to undergraduate/ graduate students. The GCMB committee will review the white paper and develop recommendations for GCMB’s consideration. Telemedicine Committee This group will review all of the applicable Georgia statutes and rules, including OCGA Section 33-24-56.4 and Rules 360-3-.07 and 360-3-0.17 and the COVID-19 Emergency Rule 360-3-0.100.08. Telemedicine has become a mainstay in medical practice. The emergency provisions are scheduled to remain in effect until Gov. Kemp ends them. Following physician and public comments, GCMB will submit its recommendations to the General Assembly for consideration. Community Outreach Committee This group will establish greater transparency of GCMB’s actions. This includes an improved patient complaint form and updating GCMB’s website. Please contact GCMB Executive Director LaSharn Hughes at lhughes@dch.ga.gov with comments or suggestions related to these committees. Dr. Antalis is a member of the Whitfield-Murray County Medical Society, and he was MAG’s president in 2004-2005.
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