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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

153 sections·Filtered byTitle 43✕Ch 34✕

O.C.G.A. § 43-34-67 License renewal requirements; inactive status
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(a) A license issued under this article shall be renewed biennially if the person holding such license is not in violation of this article at the time of application for renewal and if the application fulﬁlls current requirements of continuing education as established by the boar…
O.C.G.A. § 43-34-68 Informed consent requirements
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(a) Any person who undergoes acupuncture must consent to such procedure and shall be informed in general terms of the following: (1) That the practice of acupuncture is based upon the Oriental arts and is completely distinct and different from traditional western medicine; (2) Th…
O.C.G.A. § 43-34-69 Sanctions
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The board, in consultation with the advisory committee, may impose any sanction authorized under subsection (b) of Code Section 43-34-8 upon a ﬁnding of any conduct speciﬁed in subsection (a) of Code Section 43-34-8 or a ﬁnding that such conduct involved dividing or agreeing to d…
O.C.G.A. § 43-34-70 Advisory committee
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The board shall appoint an acupuncture advisory committee. The advisory committee shall include members of the acupuncture profession licensed to practice acupuncture under this article, persons licensed to practice medicine under Article 2 of this chapter who are acupuncturists,…

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O.C.G.A. § 43-34-71 Unlicensed practice; exceptions; penalties

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(a) Unless licensed under this article or exempted under subsection (b) of this Code section, no person shall: (1) Practice acupuncture or auricular (ear) detoxiﬁcation therapy; or (2) Represent himself or herself to be an acupuncturist or auricular (ear) detoxiﬁcation technician…

O.C.G.A. § 43-34-72 Use of titles and professional designations

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(a) The titles ‘‘Licensed Acupuncturist’’ (L. Ac.) and ‘‘Acupuncturist’’ may only be used by persons licensed under this article. (b) The title ‘‘Auricular Detoxiﬁcation Technician’’ (A.D.T.) may only be used by persons licensed to practice auricular (ear) detoxiﬁcation therapy u…

O.C.G.A. § 43-34-100 Short title

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This article shall be known and may be cited as the ‘‘Physician Assistant Act.’’ History. — Ga. L. 1972, p. 676, § 1; Ga. L. 2009, p. 859, § 1/HB 509.

O.C.G.A. § 43-34-101 Legislative purpose

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(a) To alleviate the growing shortage and geographic maldistribution of health care services in this state, the General Assembly intends, by this article, to recognize physician assistants and their role in addressing this growing health care shortage. (b) This article is intende…

O.C.G.A. § 43-34-104 Notice of application approval or disapproval; issuance of license

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(a) Within a reasonable time after receipt of the documents required by this article, the board shall give to the applicant written notice of approval or disapproval of the physician assistant’s application; and, if approval of the application is given, the board shall issue to t…

O.C.G.A. § 43-34-105 Performance of tasks in accordance with job description

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On receipt of notice of the board’s approval, a physician assistant, under the direction of the applying physician, may perform the tasks described in the job description, provided that nothing in this Code section shall make unlawful the performance of a medical task by the phys…

O.C.G.A. § 43-34-107 Termination of approval and revocation of license; notice and hearing; sanctions

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(a) The approval of a physician’s utilization of a physician assistant may be terminated and the license revoked by the board when, after due notice and a hearing, in accordance with this Code section, it shall ﬁnd that the assistant is incompetent or has committed unethical or i…

O.C.G.A. § 43-34-108 Powers and duties of board

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In addition to the powers speciﬁcally delegated to it in this article, the board shall have the authority to perform all acts which are necessary, proper, or incidental to the efficient development of the category of health care established by this article. The board shall have t…

O.C.G.A. § 43-34-109 Involvement of supervising physician in patient’s care

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When a patient receives medical services from a physician assistant, the supervising physician’s involvement in the patient’s care, including patient evaluation and follow-up care by the supervising physician, shall be appropriate to the nature of the practice and the acuity of t…

O.C.G.A. § 43-34-120 Short title

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This article shall be known and may be cited as the ‘‘Controlled Substances Therapeutic Research Act.’’ History. — Code 1933, § 84-901A, enacted by Ga. L. 1980, p. 82, § 1; Ga. L. 2009, p. 859, § 1/HB 509.

O.C.G.A. § 43-34-121 Legislative intent

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(a) The General Assembly ﬁnds and declares that the potential medicinal value of marijuana has received insufficient study due to a lack of ﬁnancial incentives for the undertaking of appropriate research by private drug manufacturing concerns. Individual physicians cannot feasibl…

O.C.G.A. § 43-34-122 Deﬁnitions

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As used in this article, the term: (1) ‘‘Board’’ means the Georgia Composite Medical Board. (2) ‘‘Marijuana’’ means marijuana or tetrahydrocannabinol, as deﬁned or listed in Article 2 of Chapter 13 of Title 16. (3) ‘‘Physician’’ means a person licensed to practice medicine pursua…

O.C.G.A. § 43-34-123 Controlled Substances Therapeutic Research Program

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(a) There is established under the Georgia Composite Medical Board the Controlled Substances Therapeutic Research Program, which shall be administered by the board. Under the program, the board shall act as a sponsor of state-wide investigational studies, utilizing as drug invest…

O.C.G.A. § 43-34-124 Patient Qualiﬁcation Review Board; members; officers; meetings; duties; exception to open meetings requirements

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(a) The board shall appoint the Patient Qualiﬁcation Review Board. Each member of the review board shall be approved for such membership by a majority vote of the board and shall serve at the pleasure of the board. The review board shall be composed of: (1) A board certiﬁed physi…

O.C.G.A. § 43-34-125 Receipt of marijuana by board; distribution; responsibility for costs of obtaining and testing marijuana

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(a) The board shall apply to contract with the National Institute on Drug Abuse for receipt of marijuana pursuant to this article and pursuant to regulations promulgated by the National Institute on Drug Abuse, the United States Food and Drug Administration, and the United States…

O.C.G.A. § 43-34-126 Immunity of program participants from state prosecution for possession or use of authorized marijuana

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Patient participants in the program are immune from state prosecution for possession of marijuana as authorized by this article and under the program established in this article. A person authorized under this program shall not possess an amount of marijuana in excess of the amou…

O.C.G.A. § 43-34-140 Short title

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This article shall be known and may be cited as the ‘‘Respiratory Care Practices Act.’’ History. — Code 1981, § 43-34-140, enacted by Ga. L. 1986, p. 264, § 1; Ga. L. 2009, p. 859, § 1/HB 509.

O.C.G.A. § 43-34-141 Legislative ﬁnding and declaration

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The General Assembly ﬁnds and declares that the practice of respiratory care in Georgia affects the public health, safety, and welfare and that it is necessarily a proper subject of regulation and control. History. — Code 1981, § 43-34-141, enacted by Ga. L. 1986, p. 264, § 1; Ga…

O.C.G.A. § 43-34-142 Deﬁnitions

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As used in this article, the term: (1) ‘‘Board’’ means the Georgia Composite Medical Board. (2) ‘‘Respiratory care’’ means the rendering of services to patients with deﬁciencies or abnormalities which affect the pulmonary and cardiac systems and which services involve therapy, ma…

O.C.G.A. § 43-34-143 Powers and duties of board

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The board, in consultation with the advisory committee, shall have the power and responsibility to: (1) Determine the qualiﬁcations and ﬁtness of applicants for certiﬁcation, renewal of the certiﬁcate, and reciprocal certiﬁcation; (2) Adopt and revise rules consistent with the la…

O.C.G.A. § 43-34-144 Requirements for certiﬁcation; supervision

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(a) Each applicant for certiﬁcation as a respiratory care professional shall meet the following requirements: (1) Is at least 18 years of age; (2) Has submitted a completed application as required by the board; (3) Has submitted any fees required by the board; (4) Has successfull…

O.C.G.A. § 43-34-145 Notice to applicant of acceptance or rejection

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After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection. Hist…

O.C.G.A. § 43-34-146 Ownership of certiﬁcate; posting; change of address; renewal; inactive status; board authorized to determine renewal requirements

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(a) Any document evidencing certiﬁcation issued by the board is the property of the board and must be surrendered on demand. (b) The certiﬁcate holder shall display the document evidencing certiﬁcation in an appropriate and public manner. (c) The certiﬁcate holder shall inform th…

O.C.G.A. § 43-34-147 Temporary permits

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Upon payment of a fee determined by the board, a temporary permit may be issued to practice respiratory care: (1) For a period of 12 months to an applicant for certiﬁcation under Code Section 43-34-148 providing that applicant presents written evidence veriﬁed by oath that the ap…

O.C.G.A. § 43-34-148 Reciprocity

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An individual who has been granted certiﬁcation, registration, licensure, or other authority by whatever name known to practice respiratory care in another state having requirements for such authority to practice which are substantially equal to or which exceed the requirements f…

O.C.G.A. § 43-34-149 Sanctions

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The board, in consultation with the advisory committee, may impose on a respiratory care professional any sanction authorized under subsection (b) of Code Section 43-34-8 upon a ﬁnding of any conduct speciﬁed in subsection (a) of Code Section 43-34-8. History. — Code 1981, § 43-3…

O.C.G.A. § 43-34-150 Respiratory care advisory committee

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The board shall appoint a respiratory care advisory committee. The committee shall be composed of persons engaged in the practice of respiratory therapy, persons licensed under Article 2 of this chapter who specialize or are board certiﬁed in pulmonary medicine, and such members …

O.C.G.A. § 43-34-151 Practice of respiratory care or representation as respiratory care professional without certiﬁcation prohibited; exceptions; penalty; application of emergency care law

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(a) Unless certiﬁed under this article or exempted under subsection (b) of this Code section, no person shall: (1) Practice respiratory care; or (2) Represent himself or herself to be a respiratory care professional who is certiﬁed under this article. (b) The prohibition in subse…

O.C.G.A. § 43-34-152 ‘‘Georgia Administrative Procedure Act’’ applicable

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Proceedings under this article shall be governed by Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’ History. — Code 1981, § 43-34-151, enacted by Ga. L. 1986, p. 264, § 1; Ga. L. 1992, p. 6, § 43; Code 1981, § 43-34-152, as redesignated by Ga. L. 2009, p. 85…

O.C.G.A. § 43-34-170 Short title

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This article shall be known and may be cited as the ‘‘Clinical Perfusionist Licensure Act.’’ History. — Code 1981, § 43-34-170, enacted by Ga. L. 2002, p. 652, § 1; Ga. L. 2009, p. 859, § 1/HB 509.

O.C.G.A. § 43-34-171 Deﬁnitions

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As used in this article, the term: (1) ‘‘Advisory committee’’ means the committee appointed pursuant to Code Section 43-34-180. (2) ‘‘Board’’ means the Georgia Composite Medical Board. (3) ‘‘Extracorporeal circulation’’ means the diversion of a patient’s blood through a heart-lun…

O.C.G.A. § 43-34-172 Powers and responsibilities of board

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The board, in consultation with the advisory committee, shall have the power and responsibility to: (1) Determine the qualiﬁcations and ﬁtness of applicants for licensure and renewal of licensure; (2) Adopt and revise rules consistent with the laws of this state that are necessar…

O.C.G.A. § 43-34-173 Requirements for licensure

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(a) Except as otherwise provided in subsection (b) of this Code section, each applicant for a license to practice as a licensed clinical perfusionist shall meet the following requirements: (1) Be at least 21 years of age; (2) Submit a completed application required by the board; …

O.C.G.A. § 43-34-174 License to be property of board; display of license; surrender of license; renewal; expired license

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(a) A license is not the property of the holder but is the property of the board. A license to practice perfusion shall be valid for two years. The board may provide that licenses expire on various dates. A person may renew an unexpired license by submitting proof of compliance w…

O.C.G.A. § 43-34-175 Issuance of provisional licensed clinical perfusionist license; supervision of licensee; renewal; revocation

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(a) A license as a provisional licensed clinical perfusionist may be issued by the board to a person who submits to the board evidence of having successfully completed an approved perfusion education program required for licensure under Code Section 43-34-173 and upon the ﬁling o…

O.C.G.A. § 43-34-177 Engaging in practice of perfusion without license; titles; violation

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(a) A person may not engage or offer to engage in perfusion or use the title or represent or imply that the person has the title of ‘‘licensed clinical perfusionist’’ or ‘‘provisional licensed clinical perfusionist’’ or use the letters ‘‘L.C.P.’’ or ‘‘P.L.C.P.’’ and may not use a…

O.C.G.A. § 43-34-178 Nonapplicability of Code Section 43-34-177; violation

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(a) The provisions of Code Section 43-34-177 shall not apply to: (1) A person licensed as a physician pursuant to Article 2 of this chapter; (2) A person licensed under this title as a registered professional nurse or a licensed physician assistant or certiﬁed as a respiratory ca…

O.C.G.A. § 43-34-179 Sanctions by board

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The board, in consultation with the advisory committee, may impose on a licensed clinical perfusionist or a provisional licensed clinical perfusionist any sanction authorized under subsection (b) of Code Section 43-34-8 upon a ﬁnding of any conduct speciﬁed in subsection (a) of C…

O.C.G.A. § 43-34-180 Advisory committee

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The board shall appoint an advisory committee. The advisory committee shall include clinical perfusionists licensed under this article and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee …

O.C.G.A. § 43-34-190 Short title

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This article shall be known and may be cited as the ‘‘Orthotics and Prosthetics Practice Act.’’ History. — Code 1981, § 43-34-190, enacted by Ga. L. 2002, p. 1273, § 1; Ga. L. 2009, p. 859, § 1/HB 509.

O.C.G.A. § 43-34-191 Findings of General Assembly

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The General Assembly ﬁnds that the practice of orthotics and prosthetics in this state is an allied health profession recognized by the American Medical Association, with educational standards established by the Commission on Accreditation of Allied Health Education Programs. The…

O.C.G.A. § 43-34-192 Deﬁnitions

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As used in this article, the term: (1) ‘‘Assistant’’ means a person who assists an orthotist, prosthetist, or prosthetist orthotist with patient care services and fabrication of orthoses or prostheses under the supervision of a licensed orthotist or prosthetist. (2) ‘‘Board’’ mea…

O.C.G.A. § 43-34-193 Construction of article

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This article shall not be construed to prohibit: (1) A licensed physician from engaging in the practice for which he or she is licensed; (2) A person licensed in this state under any other law from engaging in the practice for which he or she is licensed; (3) The practice of orth…

O.C.G.A. § 43-34-194 Application for original license

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An application for an original license shall be made to the board on a form prescribed thereby and shall be accompanied by the required fee, which shall not be refundable. An application shall require information that in the judgment of the board will enable it to determine the q…

O.C.G.A. § 43-34-195 Qualiﬁcations for license

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(a) To qualify for a license to practice orthotics or prosthetics, a person shall: (1)(A) Possess a baccalaureate degree from a college or university; (B) Have completed the amount of formal training, including, but not limited to, any hours of classroom education and clinical pr…

O.C.G.A. § 43-34-196 Sanctions authorized

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The board, in consultation with the advisory committee, may impose on a licensed orthotist or prosthetist any sanction authorized under subsection (b) of Code Section 43-34-8 upon a ﬁnding of any conduct speciﬁed in subsection (a) of Code Section 43-34-8. History. — Code 1981, § …