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HealthCare Law Guide

GEORGIA

Contributing Editor:

Richard E. Gardner III
Arnall Golden Gregory LLP
2800 One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3450
404-873-8500 

I. Regulation of Practice of Medicine
Licensure; Board of Medical Examiners; Complaint procedure; required reports (MPA and Federal Law); Disciplinary Actions and Procedures; Regulation of Advertising; Impaired Professionals
II. Credentialing and Peer Review 
MPA and HCQIA definitions; hospital authority to credential medical staff, APNs and PAs; duty to obtain information concerning physicians; protection afforded to physicians; authority to evaluate medical and health care services; privilege of confidentiality for medical peer review; immunity from civil liability; reporting requirements.
III. Consent; Advanced Directives and Patient Rights
Consent; Advance Directives; Mental health directives; JCAHO Patient Rights; Nursing home; Mental health; Alcohol treatment facilities
IV. Confidentiality and Disclosure:
Hospital healthcare information; mental health records; substance abuse rights and treatment records; bloodbank records; liability for disclosure of confidential info; HIPAA Privacy Regulations for electronic health information
V. Emergency Services and Hospital Patient Transfers
EM Treatment and Active Labor Act; state law prohibiting denial of emergency services; patient transfers
VI. Mental Health and Chemical Dependency
State Health Code; voluntary inpatient mental health services; emergency detention and admission; court ordered mental health services and procedures; protective custody order; furlough/discharge of patient; medication administrations; rights of patients; licensing requirements for private facilities; liability of psychotherapists; physicians institutions; treatment of chemical dependent persons in state treatment facilities; marketing practices act.
VII. Civil Liability
Overview of medical malpractice; damages; defenses available to providers; causes of action other than medical negligence; vicarious liability; hospital liability; discovery in litigation; professional liability insurance; reporting requirements.
VIII. Legal Issues re: birth and death
Reproductive issues; abortion; newborns; definition of death; death certificates; inquests and autopsies; aiding suicide; anatomical gifts.
IX. Tables and forms
Reporting requirements as mandated by (state) Acts; Principal summary of Abuse and Neglect reporting requirements; selected Abuse and Neglect Reporting Requirements.