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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. § 43-34-10 Notiﬁcation of conviction
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Any licensee, certiﬁcate holder, or permit holder who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony as deﬁned in paragraph (5) of Code Section 16-1-3 shall be required to notify the board of the conviction with…
O.C.G.A. § 43-34-11 Continuing education requirement; required training for physicians
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(a)(1) The board shall be authorized to require persons seeking renewal of a license, certiﬁcate, or permit 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 institu…
O.C.G.A. § 43-34-12 Radiologist assistant deﬁned
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(a) For purposes of this chapter, the term ‘‘radiologist assistant’’ means an advanced level certiﬁed diagnostic radiologic technologist who assists radiologists under levels of supervision deﬁned by the Georgia Composite Medical Board in performing advanced diagnostic imaging pr…
O.C.G.A. § 43-34-13 ‘‘Expedited physician licensee’’ and ‘‘health care professional’’ deﬁned; ﬁngerprinting and criminal background check

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(a) As used in this Code section, the term: (1) ‘‘Expedited physician licensee’’ means an individual licensed by the board. (2) ‘‘Health care professional’’ means any individual licensed, certiﬁed, or permitted by the board under this chapter. (b) Any applicant as a health care p…

O.C.G.A. § 43-34-14 Development and identiﬁcation of educational materials on sexual misconduct, sexual boundaries, and impacts of trauma and implicit bias

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No later than January 1, 2022, the board shall develop and identify educational resources and materials for physicians, board members, and board staff to support greater understanding of sexual misconduct, sexual boundaries, and impacts of trauma and implicit bias. Such informati…

O.C.G.A. § 43-34-2 Creation of board; members; physician assistants advisory committee; review of qualiﬁcations; required training

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(a) A board is established to be known as the Georgia Composite Medical Board. The board shall be composed of 15 members, all of whom shall be citizens of the United States and residents of this state. All appointments to the board shall be made by the Governor and conﬁrmed by th…

O.C.G.A. § 43-34-3 Terms of office; representation of geographic regions; vacancies

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(a) The members of the Composite State Board of Medical Examiners, now known as the Georgia Composite Medical Board, in office on June 30, 2009, shall continue to serve out their respective terms and until their respective successors are appointed and qualiﬁed. The two new board …

O.C.G.A. § 43-34-4 Oath of board members; certiﬁcate of appointment

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Immediately and before entering upon the duties of office, the members of the board shall take the constitutional oath of office and shall ﬁle the same in the office of the Governor, who, upon receiving the oath of office, shall issue to each member a certiﬁcate of appointment. H…

O.C.G.A. § 43-34-5 Election of board officers; reimbursement of members; meetings; powers and duties; no restriction on licenses

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(a) The board shall meet and shall annually elect a chairperson and vice chairperson. Each member of the board may 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 …

O.C.G.A. § 43-34-5.1 Professional health program for monitoring and rehabilitation of impaired health care professionals; deﬁnitions; authorization; conﬁdentiality; costs

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(a) As used in this Code section, the term: (1) ‘‘Entity’’ means an organization or medical professional association which conducts professional health programs. (2) ‘‘Health care professional’’ means any individual licensed, certiﬁed, or permitted by the board under this chapter…

O.C.G.A. § 43-34-6 Board as an independent agency; executive director; meetings and hearings; licenses, certiﬁcates, and permits; investigations; venue; credit to veterans; annual report

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(a) The board shall not be under the jurisdiction of the Secretary of State but shall be an independent state agency attached to the Department of Community Health for administrative purposes only, as provided in Code Section 50-4-3, except that such department shall prepare and …

O.C.G.A. § 43-34-7 Maintenance of roster; conﬁdentiality

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The executive director shall prepare and maintain a roster containing the names and business addresses of all current licensees, certiﬁcate holders, and permit holders for each of the various professions regulated by the Georgia Composite Medical Board. A copy of the roster shall…

O.C.G.A. § 43-34-8 Authority to refuse license, certiﬁcate, or permit or issue discipline; suspension; restoration; investigations; hearings on ﬁtness; immunity; publication of ﬁnal disciplinary actions

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(a) The board shall have authority to refuse to grant a license, certiﬁcate, or permit to an applicant or to discipline a person regulated under this chapter or any antecedent law upon a ﬁnding by the board that the licensee, certiﬁcate holder, or permit holder or applicant has: …

O.C.G.A. § 43-34-9 Prior notice and hearing in disciplinary proceedings; proceedings as constituting contested cases; subpoenas; failure to appear

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Proceedings before the board wherein a licensee’s, certiﬁcate holder’s, or permit holder’s right to practice pursuant to this chapter in this state is terminated, suspended, or limited or wherein a public reprimand is administered shall require prior notice to the licensee and an…

O.C.G.A. § 43-34-20 Short title

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This article shall be known as the ‘‘Medical Practice Act of the State of Georgia.’’ History. — Code 1981, § 43-34-20, enacted by Ga. L. 2009, p. 859, § 1/HB 509.

O.C.G.A. § 43-34-21 Deﬁnitions

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As used in this article, the term: (1) ‘‘Board’’ means the Georgia Composite Medical Board. (2) ‘‘Physician’’ means a person licensed to practice medicine under this article. (2.1) ‘‘Postgraduate training’’ means a program for the training of interns, residents, or postresidency …

O.C.G.A. § 43-34-22 Practicing medicine without a license; titles and abbreviations; exceptions

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(a) If any person shall hold himself or herself out to the public as being engaged in the diagnosis or treatment of disease or injuries of human beings, or shall suggest, recommend, or prescribe any form of treatment for the palliation, relief, or cure of any physical or mental a…

O.C.G.A. § 43-34-24 Drug therapy management; modiﬁcation by pharmacist

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(a) As used in this Code section, the term ‘‘pharmacist’’ means a person who meets the requirements speciﬁed in Code Section 26-4-50. (b) A physician may delegate to a pharmacist the authority to modify drug therapy as part of drug therapy management. The physician making such de…

O.C.G.A. § 43-34-25 Delegation of certain medical acts to advanced practice registered nurse; construction and limitations of such delegation; deﬁnitions; conditions of nurse protocol; issuance of prescription drug order

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(a) As used in this Code section, the term: (1) ‘‘Advanced practice registered nurse’’ shall have the same meaning as provided in paragraph (1.1) of Code Section 43-26-3. (2) ‘‘Birthing center’’ means a facility or building where human births occur on a regular or ongoing basis a…

O.C.G.A. § 43-34-26 License requirement for persons engaged in practice of medicine; qualiﬁcations; evaluation program; examinations

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(a)(1)(A) Any person who wishes to obtain the right to practice medicine in this state and who was not, prior to March 16, 1970, registered or licensed to practice medicine, either by the State Board of Medical Examiners or the State Board of Examiners in Osteopathy, shall, befor…

O.C.G.A. § 43-34-27 Licensing aliens; licensing Canadian medical school graduates

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Any qualiﬁed applicant who is an alien, except for graduates of accredited Canadian medical schools as approved by the board, must have resided in the United States for one year. All qualiﬁed applicants who are aliens and who shall comply with all other requirements of this artic…

O.C.G.A. § 43-34-28 Reciprocity; expedited license

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(a) The board may grant a license without examination to licensees of boards of other states requiring equal or higher qualiﬁcations. (b) The board may grant an expedited license to licensees of boards of other states pursuant to the Interstate Medical Licensure Compact Act conta…

O.C.G.A. § 43-34-29 Issuance of teacher’s license to licensed physicians of other states and foreign countries; renewal

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Notwithstanding any other law to the contrary, the board may issue, in its discretion, without examination, a teacher’s license to licensed physicians of other states and foreign countries for the sole purpose of teaching or demonstrating medicine in a board approved medical coll…

O.C.G.A. § 43-34-29.1 Administrative medicine licenses; deﬁnitions; requirements; rules of board

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(a) As used in this Code section, the term: (1) ‘‘Administrative medicine’’ means administration or management utilizing the medical and clinical knowledge, skill, and judgment of a licensed physician capable of affecting the health and safety of the public or any person but shal…

O.C.G.A. § 43-34-29.2 Educational certiﬁcates for out-of-state physicians participating in educational training requiring patient care

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The board may issue, in its discretion, an educational certiﬁcate to a licensed physician of another state or foreign country to participate in educational training in this state that requires patient care, in accordance with board rules. History. — Code 1981, § 43-34-29.2, enact…

O.C.G.A. § 43-34-29.3 Provider deﬁned; exemption from licensing requirement; reciprocating between states

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(a) As used in this Code section, the term ‘‘provider’’ means a physician, physician assistant, or athletic trainer as deﬁned by Code Section 43-5-1. (b) A provider who is licensed in good standing to practice in another state shall be exempt from the licensure requirements of th…

O.C.G.A. § 43-34-30 Out-of-state physicians entering state for consultation; establishment of offices by out-of-state physicians

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Licensed physicians of other states and foreign countries may be permitted to enter this state for consultation with any licensed physician of this state. A physician from another state or from a foreign country shall not be permitted to establish offices in this state for the pr…

O.C.G.A. § 43-34-31 Practice of medicine from foreign jurisdiction by electronic means; exceptions; patient records; conﬁdentiality

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(a) A person who is physically located in another state or foreign country and who, through the use of any means, including electronic, radiographic, or other means of telecommunication, through which medical information or data are transmitted, performs an act that is part of a …

O.C.G.A. § 43-34-32 Temporary licenses

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The executive director, with the approval of the chairperson of the board, may in his or her discretion issue a temporary license to an applicant, which license shall have the same force and effect as a permanent license until the next regular meeting of the board when the tempor…

O.C.G.A. § 43-34-33 Institutional licenses

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(a) Notwithstanding any other law to the contrary, under exceptional circumstances the board may consider applications from institutions on behalf of physicians who are graduates of international medical schools who the institution wishes to employ but who do not have independent…

O.C.G.A. § 43-34-34 Limited provisional licenses

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A person who held a valid provisional license on or before April 16, 1979, shall be able to renew such license annually without any one-time-only renewal limitation, as long as such person continues to meet the other requirements speciﬁed in this article and does not otherwise vi…

O.C.G.A. § 43-34-35 Issuance of license upon presentation of evidence of required qualiﬁcations

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The board shall issue licenses to practice medicine to all persons who shall furnish satisfactory evidence of attainments and qualiﬁcations under this article and the rules and regulations of the board. Such license shall give absolute authority to the person to whom it is issued…

O.C.G.A. § 43-34-36 Passing upon good standing and reputation of medical and osteopathic colleges

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The board is authorized to pass upon the good standing and reputation of any medical school or osteopathic medical school. Only such medical schools or osteopathic medical schools will be considered in good standing that possess a full and complete faculty for the teaching of med…

O.C.G.A. § 43-34-37 Persons authorized to perform artiﬁcial insemination; civil liability of physician or surgeon

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(a) Physicians and surgeons licensed to practice medicine in accordance with and under this article shall be the only persons authorized to administer or perform artiﬁcial insemination upon any female human being. Any other person or persons who shall attempt to administer or per…

O.C.G.A. § 43-34-39 Injunctions; violations of article as constituting nuisance

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In addition to any other remedy or criminal prosecution, whenever it shall appear to the board that any person, ﬁrm, company, partnership, association, or corporation or the agent, officer, or director of such ﬁrm, company, partnership, association, or corporation is or has been …

O.C.G.A. § 43-34-40 Fraudulently obtaining or selling records; fraudulent use of terms

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Any person who shall buy, sell, or fraudulently obtain any diploma, license, record, or registration to practice osteopathic medicine, illegally obtained or signed, or issued unlawfully or under fraudulent representation; or who shall use any of the forms or letters, ‘‘Osteopathy…

O.C.G.A. § 43-34-41 Special licenses for volunteers

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(a) This Code section shall be known and may be cited as the ‘‘Georgia Volunteers in Medicine Health Care Act.’’ (b) Notwithstanding any other provision of law, the board shall issue a special license to qualifying physicians under the terms and conditions set forth in this Code …

O.C.G.A. § 43-34-42 Penalty

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(a) Any person who practices medicine without complying with this article or who otherwise violates any provision of this article shall be guilty of a felony and, upon conviction thereof, shall be punished by a ﬁne of $1,000.00 per each violation or by imprisonment from two to ﬁv…

O.C.G.A. § 43-34-43 Temporary postgraduate training permits; notiﬁcations to board; authorization to adopt regulations

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(a) As used in this Code section, the term: (1) ‘‘Program director’’ means a physician licensed in this state who is responsible for screening, selecting, and supervising physicians enrolled in one or more of an institution’s postgraduate training programs. (2) ‘‘Temporary postgr…

O.C.G.A. § 43-34-45 Polysomnography; practice

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(a) As used in this Code section, the term: (1) ‘‘Polysomnography’’ means the treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders. Polysomnography includes, but is not limited to, the process of analysis, monitoring, a…

O.C.G.A. § 43-34-46 Maintenance of certiﬁcation programs

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(a) As used in this Code section, the term: (1) ‘‘Maintenance of certiﬁcation’’ means a continuous professional development program through which physicians certiﬁed by one or more of the medical specialty boards of the American Board of Medical Specialties or American Osteopathi…

O.C.G.A. § 43-34-47 Regulation of sedation and rescue in office based surgeries; failure to comply

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(a) As used in this Code section, the term: (1) ‘‘Deep sedation/analgesia’’ means a drug-induced depression of consciousness during which the patient cannot be easily aroused but can respond purposefully following repeated or painful stimulation. (2) ‘‘General anesthesia’’ means …

O.C.G.A. § 43-34-48 Reporting of sexual assaults by physicians on patients; protections for actions done in good faith; penalty for failing to report; use of records

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(a) As used in this Code section, the term: (1) ‘‘Health care provider’’ means: (A) A physician; (B) A registered professional nurse or licensed practical nurse licensed as such under Chapter 26 of this title; or (C) A physician assistant licensed under Article 4 of this chapter.…

O.C.G.A. § 43-34-60 Short title

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This article shall be known and may be cited as the ‘‘Acupuncture Act of Georgia.’’ History. — Code 1981, § 43-34-60, enacted by Ga. L. 2000, p. 538, § 1; Ga. L. 2009, p. 859, § 1/HB 509.

O.C.G.A. § 43-34-61 Purpose

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The General Assembly ﬁnds and declares that the practice of acupuncture in Georgia affects the public health, safety, and welfare and that it is necessarily a proper subject of regulation and control. History. — Code 1981, § 43-34-61, enacted by Ga. L. 2000, p. 538, § 1; Ga. L. 2…

O.C.G.A. § 43-34-62 Deﬁnitions

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As used in this article, the term: (1) ‘‘Acupuncture’’ means a form of therapy developed from traditional and modern Oriental concepts for health care that employs Oriental medical techniques, treatment, and adjunctive therapies for the promotion, maintenance, and restoration of …

O.C.G.A. § 43-34-63 Power and responsibility of the 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. § 43-34-64 Licensure requirements

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(a) Each applicant for a license to practice acupuncture shall meet the following requirements: (1) Be at least 21 years of age; (2) Submit a completed application required by the board; (3) Submit any fees required by the board; (4) Be certiﬁed in acupuncture by a national certi…

O.C.G.A. § 43-34-65 Applicant notiﬁcation procedures

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After evaluation of an application and other evidence submitted by an applicant, the board shall notify such applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If an application is rejected, the notice shall state t…

O.C.G.A. § 43-34-66 License surrender upon demand; display requirements; change of address

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(a) Any document evidencing licensure issued by the board is the property of the board and must be surrendered on demand. (b) Every person who holds a license issued by the board in accordance with this article and who is engaged in the active practice of acupuncture or the activ…