Discipline, Enforcement, and Due Process: Grounds, Hearings, and Sanctions
What this domain tests
This domain tests how the Board investigates and sanctions licensees, and what process is due. Questions often turn on the difference between a complaint, an investigation, a contested hearing, and an appeal.
Grounds for discipline
- Conviction of a crime involving moral turpitude or relating to fitness to practice.
- Fraud or deceit in obtaining or using a license; falsifying records or applications.
- Gross negligence, incompetence, or practicing outside scope.
- Unprofessional conduct, sexual misconduct, patient abandonment, or failure to maintain required records.
- Impairment by alcohol, drugs, or mental or physical condition that affects practice.
- Discipline in another state, failure to comply with a Board order, or failure to meet continuing-education requirements.
Process and hearings
- A complaint is screened and may be investigated. The Board may subpoena records and interview witnesses.
- If formal action is proposed, the licensee receives notice of the charges and an opportunity for a hearing under the Georgia Administrative Procedure Act, O.C.G.A. Title 50, Chapter 13.
- The licensee may appear, be represented by counsel, present evidence, cross-examine witnesses, and review evidence, subject to protective orders.
- The Board may use a hearing officer or administrative law judge as its rules provide, but the Board retains final decision authority unless law says otherwise.
- Sanctions include reprimand, fine, probation with conditions, restriction, suspension, revocation, and acceptance of surrender. Emergency suspension may occur when continued practice poses imminent danger.
- Adverse decisions may be appealed to the superior court under the APA; the court reviews the record for legal error and factual support.
Worked example
A licensee is convicted of insurance fraud. The Board opens a case, sends notice, and holds a hearing. The licensee argues the criminal case is on appeal. The Board may still act because it applies a civil standard and is not required to await final criminal appellate review; the conviction and the underlying conduct can support discipline. The sanction must be supported by findings and proportionate to the conduct.
Traps that cost marks
The Board does not award malpractice damages. A criminal conviction is not required for discipline. Due process requires notice and a meaningful hearing, not a full jury trial. A consent order is a binding disciplinary document, not a private settlement.