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Officer’s POST certificate revoked after she abandoned her post to have an inmate perform cosmetic services on her.

Topic: Professional Licensing, Decided by Judge Malihi 
Docket Number: 1712780 , Decision Date: 2017-01-05 
Attachment: Click here to download the decision. 

The Peace Officer Standards and Training (POST) Council appropriately revoked the POST certification of a corrections officer after she abandoned her assigned post at Hancock State Prison in order to have an inmate perform unauthorized cosmetic services on her elsewhere in the facility.

Physician cannot waive requirement of in camera review and nondisclosure to the public.

Topic: Professional Licensing, Decided by Judge Walker 
Docket Number: ******* , Decision Date: 2017-02-15 
Attachment: Click here to download the decision. 

Because the governing statute provided that the results of physical and mental examinations at issue in actions against physicians’ licenses “shall be” received in camera and not disclosed to the public, the physician could not exercise any privilege to waive disclosure of the record.

Peace officer certification revoked for unprofessional conduct, improper dealings with inmates.

Topic: Professional Licensing, Decided by Judge Howells 
Docket Number: 1707311 , Decision Date: 2016-11-08 
Attachment: Click here to download the decision. 

The Georgia Peace Officer Standards and Training (POST) Council properly revoked the POST certification of a former corrections officer based on evidence that the officer possessed an unauthorized weapon (a shank) around violent inmates, gave special treatment to homosexual inmates, and allowed an inmate with [..] Read More..

Used motor vehicle dealer license revoked.

Topic: Professional Licensing, Decided by Judge Woodard 
Docket Number: 1705373 , Decision Date: 2016-10-25 
Attachment: Click here to download the decision. 

The Court upheld the decision of the Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers to revoke a dealer’s license to operate as a used motor vehicle dealer based on evidence that the dealer failed to apply for a [..] Read More..

Amendments to the professional licensing statute apply prospectively.

Topic: Professional Licensing, Decided by Judge Howells 
Docket Number: 1653672 , Decision Date: 2016-10-31 
Attachment: Click here to download the decision. 

Legislative amendments to the professional licensing statute that disallowed licensing boards from refusing to grant a license due to a felony conviction unless such felony directly related to the occupation for which the applicant sought licensure went into effect on July 1, 2016 and applied [..] Read More..

Allegations not included in Statement of Matters Asserted cannot serve as a basis for sanction.

Topic: Professional Licensing, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2016-07-21 
Attachment: Click here to download the decision. 

The Georgia Board of Nursing was authorized to impose a sanction against a licensee due to her violation of a consent order wherein she agreed to abstain from alcohol and controlled substances, attend aftercare treatment, and ensure that the Board received quarterly aftercare reports.  However, [..] Read More..

LPN’s license revoked for diverting meds and failing to undergo examination.

Topic: Professional Licensing, Decided by Judge Howells 
Docket Number: 1628845 , Decision Date: 2016-03-14 
Attachment: Click here to download the decision. 

A licensed practical nurse (LPN) was ordered by the Georgia Board of Nursing to undergo a mental/physical examination following conduct in 2012 involving diverting narcotics, destroying records, and testing positive for opiates.  The Board sought to revoke the LPN’s license after she failed to comply [..] Read More..

Agency’s definition of “moral turpitude” unchanged by case law.

Topic: Professional Licensing, Decided by Judge Brown 
Docket Number: 1624258 , Decision Date: 2016-03-15 
Attachment: Click here to download the decision. 

A Department of Driver Services regulation prohibits recertification of a DUI Program Instructor or Director who has been convicted of a crime of “moral turpitude.”  At the time the regulation was promulgated, Georgia courts held that the phrase encompassed shoplifting, and that a witness could [..] Read More..

Registered nurse suspended indefinitely for diverting controlled substances for personal use.

Topic: Professional Licensing, Decided by Judge Malihi 
Docket Number: 1634115 , Decision Date: 2016-04-11 
Attachment: Click here to download the decision. 

While working in the emergency room of a hospital, a registered nurse repeatedly withdrew controlled substances from an automated medication administration machine, and failed to document that she thereafter administered them to patients.  The results of a drug screen indicated that the nurse had three [..] Read More..

Doctor subject only to sanctions that are supported with evidence.

Topic: Professional Licensing, Decided by Judge Malihi 
Docket Number: 1620386 , Decision Date: 2016-02-03 
Attachment: Click here to download the decision. 

The Georgia Composite Medical Board (“the Board”) sought to fine a doctor for failing to employ adequate diagnostic, examination, treatment, and recordkeeping procedures in his treatment of one patient.  Additionally, the Board requested that the doctor pay $265.00 as reimbursement for the peer review, and [..] Read More..

Board authorized to revoke physician’s license for inappropriately prescribing opioids.

Topic: Professional Licensing, Decided by Judge Walker 
Docket Number: 1603818 , Decision Date: 2015-12-17 
Attachment: Click here to download the decision. 

The Georgia Composite Medical Board (“the Board”) sought to revoke a physician’s license for failing to adhere to minimum standard of acceptable practice with regard to his treatment of ten patients, and for allegedly operating an unlicensed pain clinic.  The physician prescribed Xanax and oxycodone [..] Read More..

DEA investigation uncovers physician misconduct.

Topic: Professional Licensing, Decided by Judge Walker 
Docket Number: 1606610 , Decision Date: 2015-12-02 
Attachment: Click here to download the decision. 

During an investigation by the Drug Enforcement Agency, a physician issued controlled substances prescriptions to undercover DEA officers, though they exhibited textbook signs of misuse and abuse of medications.  Upon conducting its own investigation, the Georgia Composite Medical Board determined that the physician’s treatment of [..] Read More..

License revoked for recklessly prescribing controlled substances.

Topic: Professional Licensing, Decided by Judge Walker 
Docket Number: 1602303 , Decision Date: 2015-10-19 
Attachment: Click here to download the decision. 

The Court upheld the revocation of a physician’s license to practice medicine based on evidence that the physician continued to prescribe controlled substances to one patient despite drug screenings that indicated the patient was failing to take the medications as prescribed and was abusing illegal [..] Read More..

Affidavits to support opposition to a motion for summary determination must be sworn.

Topic: Professional Licensing, Decided by Judge Malihi 
Docket Number: 1444768 , Decision Date: 2015-08-18 
Attachment: Click here to download the decision. 

A physician attached two affidavits to her response to the Georgia Composite Medical Board’s (“Board’s”) motion for summary determination.  The two affidavits, one of which was unsigned, and neither of which was sworn to in person before a notary public or other officer empowered to [..] Read More..

Pain management physician’s medical license revoked for unprofessional conduct.

Topic: Professional Licensing, Decided by Judge Howells 
Docket Number: 1508993 , Decision Date: 2015-03-16 
Attachment: Click here to download the decision. 

Petitioner, a physician working in a pain management clinic, exhibited numerous instances of unprofessional conduct related to prescribing controlled substances, resulting in revocation of her medical license. Petitioner violated minimum standards of acceptable and prevailing medical practice when she failed to appropriately monitor, evaluate, and [..] Read More..

Decision to refrain from performing operation reasonable under the circumstances.

Topic: Professional Licensing, Decided by Judge Malihi 
Docket Number: 1511102 , Decision Date: 2015-03-20 
Attachment: Click here to download the decision. 

The Georgia Composite Medical Board sought disciplinary action against a surgeon for his decision not to immediately operate on a patient displaying signs of infection, but rather to wait until the following morning.  However, considering the risks of immediate surgery given the patient’s unstable condition [..] Read More..

Deposition transcripts from prior malpractice case admissible over hearsay objection, Daubert challenge.

Topic: Professional Licensing, Decided by Judge Malihi 
Docket Number: 1511102 , Decision Date: 2015-02-09 
Attachment: Click here to download the decision. 

Transcripts from a deposition in a prior medical malpractice lawsuit involving the same facts giving rise to the Georgia Composite Medical Board’s disciplinary action against Respondent, a surgeon, were admissible under a hearsay exception because the Board demonstrated that the witnesses were unavailable and Respondent [..] Read More..

Dental license revoked for performing grossly inadequate root canals.

Topic: Professional Licensing, Decided by Judge Walker 
Docket Number: 1522089 , Decision Date: 2015-02-18 
Attachment: Click here to download the decision. 

The Georgia Board of Dentistry discovered after conducting peer review that Respondent, a licensed dentist, fell below minimum acceptable and prevailing standards for the industry in performing several root canals, including one instance in which Respondent performed a root canal “in the bone rather than [..] Read More..

Nursing license revoked for criminal conviction and failure to notify licensing authority.

Topic: Professional Licensing, Decided by Judge Walker 
Docket Number: 1514107 , Decision Date: 2014-11-18 
Attachment: Click here to download the decision. 

Respondent, a licensed practical nurse, was convicted of theft by taking, a felony, and thereafter failed to notify the Georgia Board of Nursing (the Board) within the mandated time period, whereupon the Board instituted disciplinary proceedings against her license.  The Court recommended that Respondent’s license [..] Read More..

Non-restricted conditioned air contracting license revoked for felony convictions and nondisclosure.

Topic: Professional Licensing, Decided by Judge Howells 
Docket Number: 1458952 , Decision Date: 2014-09-04 
Attachment: Click here to download the decision. 

Since 1983, Respondent held a non-restricted license to engage in conditioned air contracting.  In 2003, he was convicted of violating the Georgia Racketeering and Corrupt Organizations Act, receiving stolen property, a felony charge of theft by taking, and misdemeanor charge of theft by taking.  Respondent [..] Read More..

Failure to comply with Consent Order and guard against patient abandonment sufficient to support suspension of license to practice optometry.

Topic: Professional Licensing, Decided by Judge Howells 
Docket Number: 1445578 , Decision Date: 2014-06-30 
Attachment: Click here to download the decision. 

Respondent, an optometrist, was required to pay a $1,000 fine, complete two continuing education hours and submit proof of completion to the Board of Optometrists (the Board) pursuant to a Consent Order. Although Respondent completed the two continuing education hours, she did not timely submit [..] Read More..

Petitioner denied insurance license based on recent crimes and continuing probation.

Topic: Professional Licensing, Decided by Judge Kennedy 
Docket Number: 1458251 , Decision Date: 2014-08-08 
Attachment: Click here to download the decision. 

The Georgia Department of Insurance properly denied an agent license to an individual who was sentenced under the First Offender Act for felony damage to property and misdemeanor battery less than a year before applying for his license and continued to serve probation for the [..] Read More..

Revocation of teaching certificate too extreme a penalty for two misdemeanor convictions.

Topic: Professional Licensing, Decided by Judge Howells 
Docket Number: 1446415 , Decision Date: 2014-07-14 
Attachment: Click here to download the decision. 

The Professional Standards Commission (PSC) sought to revoke Petitioner’s teaching certificate after Petitioner was convicted of misdemeanor marijuana possession on two occasions, and thereafter failed to report these convictions within the required ninety days. However, as the convictions were misdemeanors and Petitioner’s failure to report [..] Read More..

Revocation appropriate for Licensed Practical Nurse’s fraud in completing registered nurse application.

Topic: Professional Licensing, Decided by Judge Howells 
Docket Number: 1452782 , Decision Date: 2014-07-21 
Attachment: Click here to download the decision. 

Georgia Board of Medical Examiners was authorized to revoke Respondent’s license to practice as a licensed practical nurse (LPN) based upon her forgery of a signature on an application to be licensed as a registered professional nurse (RN). Although the Board had discretion to impose [..] Read More..

Repeated pattern of poor attention to detail demonstrates lack of competence.

Topic: Professional Licensing, Decided by Judge Howells 
Docket Number: 1443106 , Decision Date: 2014-05-12 
Attachment: Click here to download the decision. 

Petitioner was appropriately denied a resident insurance agent’s license.  Her actions in relation to incurring a criminal charge, taking a plea deal, and misreporting her criminal history all demonstrate poor attention to detail and, therefore, a lack of trustworthiness and competence to act as a [..] Read More..

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