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Georgia Statutes, Title 43

Georgia/Statutes

← All Georgia coverage

Title 43

62 chapters · 1,329 sections in this title.

All chapters in Title 431,329 Ch 34, PHYSICIANS, ACUPUNCTURE, PHYSICIAN A…153 Ch 11, DENTISTS, DENTAL HYGIENISTS, AND DEN…53 Ch 18, FUNERAL DIRECTORS AND ESTABLISHMENTS…42 Ch 26, NURSES39 Ch 3, ACCOUNTANTS37 Ch 1, GENERAL PROVISIONS36 Ch 40, REAL ESTATE BROKERS AND SALESPERSONS36 Ch 4B, GEORGIA ATHLETIC AND ENTERTAINMENT C…35 Ch 21, OPERATORS OF HOTELS, INNS, AND ROADH…35 Ch 15, PROFESSIONAL ENGINEERS AND LAND SURV…34 Ch 39A, REAL ESTATE APPRAISERS32 Ch 6, AUCTIONEERS31 Ch 50, VETERINARIANS AND VETERINARY TECHNICIANS30 Ch 4, ARCHITECTS27

53 sections·Filtered byTitle 43✕Ch 11✕

O.C.G.A. § 43-11-1 Deﬁnitions
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As used in this chapter, the term: (1) “Accredited dental college” and “accredited dental school” or “accredited school of dentistry” means a dental school, college, or university with an education program accredited by the Commission on Dental Accreditation of the American Denta…
O.C.G.A. § 43-11-11 Gathering of census data on practicing dentists and dental hygienists; standard form
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(a) The board shall gather census data on each dentist and dental hygienist in this state. Such census data shall be obtained from each dentist and dental hygienist as part of the license renewal process on a biennial basis. Renewal of a license shall be contingent on completion …
O.C.G.A. § 43-11-12 Public inspection of board records; nondisclosure of conﬁdential records
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It shall be the duty of the executive director to keep at his or her office the minutes of the board, together with all the books and records of the board, which shall be public records open to inspection by the public except on Sundays and legal holidays. The following shall be …
O.C.G.A. § 43-11-13 Service of orders and subpoenas of board; service of notice or process on executive director

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(a) It shall be the duty of the several sheriffs, their deputies, and the constables to serve any and all lawful orders and subpoenas of the board. The board may also appoint any other person to serve any decision, order, or subpoena of the board, and it shall be that person’s du…

O.C.G.A. § 43-11-14 Enforcement of orders and subpoenas of board; contempt

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The board shall have the power to enforce any and all of its lawful orders or subpoenas; to punish as for a contempt anyone obstructing or violating the same and shall also have the power to conduct any and all hearings before it in an orderly and legal manner; to punish anyone a…

O.C.G.A. § 43-11-15 Enforcement of chapter

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For the purpose of carrying out this chapter, the board is authorized to enforce this chapter by prosecution or otherwise and to authorize the payment of expenses incurred in prosecuting cases out of the funds collected under this chapter. History. Ga. L. 1920, p. 132, § 23; Code…

O.C.G.A. § 43-11-16 Liability for action of peer review committee or board

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No dentist licensed under this chapter and acting or serving on a peer review committee or board or hospital review committee shall be liable for damages for any action of such board or committee or for any official action taken or recommendation made as a member of such board or…

O.C.G.A. § 43-11-17 Acts which constitute the practice of dentistry

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(a) Except as expressly provided in this chapter, any person who performs any of the following procedures, operations, or services shall be regarded as practicing dentistry within the meaning of this chapter: (1) Operates or performs part of any dental operation of any kind upon …

O.C.G.A. § 43-11-18 Use of full names of practitioners

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All signs, cards, announcements, advertisements, or methods used to state or imply that dentistry may or will be done by anyone at any place in this state shall be required to list the full name of at least one individual practicing dentistry in such place; provided, however, tha…

O.C.G.A. § 43-11-2 Georgia Board of Dentistry; members; qualiﬁcations; terms; voting; powers

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(a) A board to be known as the Georgia Board of Dentistry is created. The board shall consist of 17 members to be appointed and commissioned by the Governor as provided in subsection (b) of this Code section. (b)(1) Thirteen members of the board shall be dentists and shall be app…

O.C.G.A. § 43-11-2.1 Board authority; appointment, powers, and duties of executive director; meetings

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(a) On and after July 1, 2013, the board shall not be under the jurisdiction of the Secretary of State but shall be a division of the Department of Community Health; provided, however, that except as otherwise speciﬁcally provided, the board shall be autonomous from the Board of …

O.C.G.A. § 43-11-20 Training and affiliated sites; clinics; licensure examination

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(a) Nothing in this chapter shall prohibit accredited dental colleges or advanced dental education programs from maintaining on-campus training clinics and affiliated sites for the purpose of educational training of dental students or dental residents approved by the board under …

O.C.G.A. § 43-11-21 Conscious sedation

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(a) No dentist licensed and practicing in the State of Georgia shall administer either single or multiple pharmacologic agents by oral, parenteral, enteral, transdermal, or transmucosal route that renders a patient to a state of conscious sedation as deﬁned in Code Section 43-11-…

O.C.G.A. § 43-11-21.1 General anesthesia

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(a) No dentist shall administer general anesthesia on an outpatient basis unless such dentist has been issued a permit by the board under the conditions speciﬁed in this Code section. Such permit shall be subject to biennial renewal at the time the dentist is required to renew hi…

O.C.G.A. § 43-11-21.2 Report of morbidity or mortality

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(a) All dentists licensed to practice in Georgia shall submit a complete report to the board of any morbidity or mortality occurring in the course of such dentist’s practice or other injury which results in temporary or permanent physical injury requiring any period of hospitaliz…

O.C.G.A. § 43-11-22 Exceptions to application of chapter

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This chapter shall not apply to physicians licensed in this state in extracting teeth or performing surgical operations. This chapter also shall not apply to any person who extracts any exfoliating deciduous teeth. History. Ga. L. 1920, p. 132, § 28; Code 1933, § 84-723; Ga. L. 1…

O.C.G.A. § 43-11-23 Specialized training for dental assistant or hygienist performing certain procedures

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(a) A dental assistant or licensed dental hygienist performing phlebotomy and venipuncture procedures shall be required to complete board approved training in phlebotomy, intravenous access, infection control, the handling of any medical or dental emergencies associated with such…

O.C.G.A. § 43-11-3 Election of officers

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The board shall elect from its members a president and such other officers as the board in its discretion may see ﬁt. History. Ga. L. 1920, p. 132, § 2; Code 1933, § 84-704; Ga. L. 1976, p. 484, § 1.

O.C.G.A. § 43-11-4 Meetings

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It shall be the duty of the board to meet annually at the close of the session of a majority of the dental colleges and to hold such other meetings as the duties of the board may require. It shall also be the duty of the board to meet in any called meeting that may be ordered in …

O.C.G.A. § 43-11-5 Address of board members

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Each member of the board, upon the receipt of his or her commission, shall ﬁle with the executive director his or her post office address and thereafter a notice of any change thereof. Any notice mailed to such address by the executive director shall be deemed to comply with the …

O.C.G.A. § 43-11-6 Expense and mileage allowances; other reimbursements

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Each member of the board shall receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation c…

O.C.G.A. § 43-11-7 Powers and duties of board

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The board shall perform such duties and possess and exercise such powers, relative to the protection of the public health and the control and regulation of the practice of dentistry as this chapter prescribes and confers upon it. The board shall also have the following powers and…

O.C.G.A. § 43-11-9 Rules and regulations affecting dental hygienists, dental assistants, or other persons

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In order to protect and promote the public health and welfare of the citizens of this state, the board shall prescribe by rule or regulation those acts, services, procedures, and practices which may be performed by dental hygienists, dental assistants, or other persons at the dir…

O.C.G.A. § 43-11-40 Qualiﬁcation of applicants; criminal background check

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(a)(1) Applicants for a license to practice dentistry must have received a doctor of dental surgery (D.D.S.) degree or a doctor of dental medicine (D.M.D.) degree from a dental school approved by the board and accredited by the Commission on Dental Accreditation of the American D…

O.C.G.A. § 43-11-41 Application for provisional license to practice dentistry by credentials; procedure; criminal background check; expiration and revocation of license

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(a)(1) Applicants for a provisional license to practice dentistry by credentials must have received a doctor of dental surgery (D.D.S.) degree or a doctor of dental medicine (D.M.D.) degree from a dental school approved by the board and accredited by the Commission on Dental Accr…

O.C.G.A. § 43-11-42 Reciprocity; criminal background check

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(a) The board may issue, in its discretion, without examination, a teacher’s or instructor’s license to a dental hygienist who has graduated from a school or college approved by the board and accredited by the Commission on Dental Accreditation of the American Dental Association …

O.C.G.A. § 43-11-43 Fees

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Each person applying for examination for a license to practice dentistry shall, at the time of making his or her application, pay to the executive director a fee to be set by the board. Each person applying for the renewal of a license or authority to practice dentistry or for th…

O.C.G.A. § 43-11-44 Discretionary decisions involving treatment of patients

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It is a matter of public interest that all decisions involving or affecting the clinical dental treatment of a patient shall be left to the sole discretion of the licensed dentist providing treatment to the patient. The board shall be authorized to promulgate rules and regulation…

O.C.G.A. § 43-11-45.1 Display of license

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Every person licensed under this article shall display such license in a conspicuous place in such person’s principal place of business. History. Code 1981, § 43-11-45.1, enacted by Ga. L. 1982, p. 1056, § 6.

O.C.G.A. § 43-11-46 License renewal

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(a) Every person licensed by the board to practice dentistry shall register biennially on the renewal date set by the board and shall pay to the executive director a registration fee which shall be set by the board. The board shall provide for penalty fees for late registration. …

O.C.G.A. § 43-11-46.1 Continuing education requirements; waiver

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(a) The board shall be authorized to require persons seeking renewal of a dental license under this chapter to complete board approved continuing education of not less than 40 hours biennially. The board shall be authorized to approve courses offered by institutions of higher lea…

O.C.G.A. § 43-11-47 Refusal to grant, or revocation of, licenses; disciplining licensees; subpoenas; judicial review; investigations; immunity; failure to appear; voluntary surrender

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(a) The board shall have the authority to refuse to grant a license to an applicant or to revoke the license of a dentist licensed by the board or to discipline a dentist licensed under this chapter or any antecedent law upon a ﬁnding by a majority of the entire board that the li…

O.C.G.A. § 43-11-48 Initiation of proceedings for violation of chapter; records

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(a) Proceedings under this chapter may be initiated by the board upon its own motion or upon receipt of a signed, written complaint. A board member who forwards a complaint to the attention of the board shall not participate in any further disciplinary proceedings with respect to…

O.C.G.A. § 43-11-49 Burden of proof as to authority to practice dentistry

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On the trial of anyone charged with the violation of this chapter or with the illegal practice of dentistry, it shall be incumbent on the defendant, upon proof that he or she practiced dentistry, to show that he or she had authority under the law to practice dentistry in order to…

O.C.G.A. § 43-11-50 Practice of dentistry without a license

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Any person, ﬁrm, partnership, corporation, or other entity who practices dentistry in this state without obtaining a license to practice from the board shall be guilty of a felony and, upon conviction thereof, shall be punished by a ﬁne of not less than $500.00 nor more than $1,0…

O.C.G.A. § 43-11-51 Practicing dentistry under another’s license

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Any person, ﬁrm, partnership, corporation, or other entity who practices dentistry or performs any dental operation under the protection of another’s license shall be guilty of a felony and, upon conviction thereof, shall be punished by a ﬁne of not less than $500.00 nor more tha…

O.C.G.A. § 43-11-52 Volunteers in dentistry and dental hygiene; special licensing; construction

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(a) This Code section shall be known and may be cited as the “Georgia Volunteers in Dentistry and Dental Hygiene Act.” (b) Notwithstanding any other provision of law, the board shall issue a special license to qualifying dentists and dental hygienists under the terms and conditio…

O.C.G.A. § 43-11-53 Charitable dental events; temporary licenses for dentists and dental hygienists in good standing in other states; procedures

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(a) As used in this Code section, the term: (1) “Charitable dental event” means a board approved charitable dental clinic or board approved continuing education course for dentists or dental hygienists provided by a hosting entity meeting the requirements of this Code section in …

O.C.G.A. § 43-11-70 Examination requirement; issuance of license; posting license

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No person shall practice as a dental hygienist in this state until such person has passed a written and a clinical examination conducted or approved by the board. The fee for such examination shall be paid to the executive director and shall be in an amount established by the boa…

O.C.G.A. § 43-11-70.1 Temporary license authorized

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A person who furnishes the board satisfactory proof of being currently licensed to practice as a dental hygienist in another state and who has applied for, paid the fee for, and been authorized by the board to take the examination required by Code Section 43-11-70 shall be issued…

O.C.G.A. § 43-11-71 Qualiﬁcations of applicants for license; criminal background check

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(a) No person shall be entitled to or be issued such license as set out in Code Section 43-11-70 unless such person is at least 18 years of age, of good moral character, and a graduate of a dental hygiene program recognized by the board and accredited by the Commission on Dental …

O.C.G.A. § 43-11-71.1 Application for license to practice dental hygiene by credentials; procedure; criminal background check; expiration of license

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(a)(1) Applicants for a license to practice dental hygiene by credentials must have received a dental hygiene degree from a dental hygiene school or program accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if a…

O.C.G.A. § 43-11-72 Corrective action against licensee

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The board shall have the authority to refuse to grant, to revoke, or to discipline the license of any licensed dental hygienist in this state based upon any ground or violation enumerated in Code Section 43-11-47, in the same manner and to the same extent as such Code section app…

O.C.G.A. § 43-11-73 License renewal

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(a) Every person licensed by the board to practice dental hygiene shall register biennially on the renewal date set by the executive director and shall pay to the executive director a registration fee which shall be set by the board. The board shall provide for penalty fees for l…

O.C.G.A. § 43-11-73.1 Continuing education requirement; waiver; rules and regulations

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(a) The board shall be authorized to require persons seeking renewal of a dental hygienist license to complete board approved continuing education of not less than 22 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning and…

O.C.G.A. § 43-11-74 Direct supervision required; scope of duties; exceptions to required supervision for dental screenings

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(a) As used in this Code section the term: (1) “Direct supervision” means that a licensed dentist is in the dental office or treatment facility, personally diagnoses the condition to be treated, personally authorizes the procedure and remains in the dental office or treatment fac…

O.C.G.A. § 43-11-75 Applicability of article

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This article shall not apply to licensed dentists, nor shall this article apply to physicians licensed in this state in extracting teeth or performing surgical operations and in charging therefor or to accredited schools of dentistry. History. Ga. L. 1949, p. 1192, § 8; Code 1933…

O.C.G.A. § 43-11-76 Unlicensed practice of dental hygiene

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Any person who engages in the practice of dental hygiene without ﬁrst having obtained a license therefor shall be guilty of a misdemeanor. History. Code 1981, § 43-11-76, enacted by Ga. L. 1983, p. 1389, § 10; Ga. L. 1987, p. 932, § 8. ARTICLE 4 DENTAL ASSISTANTS

O.C.G.A. § 43-11-80 Acts, services, practices, and procedures authorized

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(a) A dental assistant is one, other than a licensed dentist or licensed dental hygienist, who is employed to assist a licensed dentist by performing those acts, services, practices, and procedures as may be prescribed by rule or regulation of the board. (b) After meeting such ad…

O.C.G.A. § 43-11-81 Direct supervision required

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Dental assistants shall perform their duties only under the direct, personal supervision of a licensed dentist. No dental assistant shall practice dentistry, dental hygiene, or do any kind of dental work other than those acts, services, procedures, and practices prescribed by rul…