Title 43 — Title 43
0 chapters · 1,103 sections in this title.
O.C.G.A. § 43-27-10 Local fees
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No provision of this chapter shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any license fee, registration fee, tax, or gross receipt tax on any profession covered by this chapter or upon any related professi…
O.C.G.A. § 43-27-11 Penalty
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(a) Any person who acts or serves in the capacity of a nursing home administrator without holding a license as a nursing home administrator issued in accordance with this chapter shall be guilty of a misdemeanor. (b) Any person who knowingly acts or serves in the capacity of a pe…
O.C.G.A. § 43-27-12 License requirement for administrators; qualifications
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Reciprocity; provisional license. Biennial license fees and renewal; applicability to superintendent of state hospital or facility. Restoration of suspended or revoked license. Local fees. Penalty. [Repealed] Termination. Rights of persons residing in long-term care facilities ge…
O.C.G.A. § 43-27-2 State Board of Long-Term Care Facility Administrators; members
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(a) There is created the State Board of Long-Term Care Facility Administrators, which, on and after June 30, 2022, shall consist of eleven members. The members of the board shall be appointed by the Governor and confirmed by the Senate, as follows: (1) Four members who are nursing…
O.C.G.A. § 43-27-4 Board’s authority to determine qualifications of administrators
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The board shall have sole and exclusive authority to determine the qualifications, skill, and fitness of any person to serve as an administrator of a personal care home, an assisted living community, or a nursing home under this chapter; and the holder of a license under this chapt…
O.C.G.A. § 43-27-5 General powers and duties of board; limitations
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(a) The board shall have the following powers and duties: (1) To issue, renew, and reinstate the licenses of duly qualified applicants for licensure; (2) To deny, suspend, revoke, or otherwise sanction licenses to practice as an administrator; (3) To initiate investigations for th…
O.C.G.A. § 43-27-6 License requirement for administrators; qualifications
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(a)(1) Prior to July 1, 2021, no person shall serve as a nursing home administrator until first obtaining a license from the board. (2) On and after July 1, 2021, no person shall serve as an administrator of a long-term care facility until first obtaining a license from the board; …
O.C.G.A. § 43-27-7 Reciprocity; provisional license
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(a) The board, in its discretion and otherwise subject to this chapter and the rules and regulations of the board promulgated under this chapter prescribing the qualifications for a personal care home administrator license, an assisted living community administrator license, and a…
O.C.G.A. § 43-27-9 Restoration of suspended or revoked license
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The board may, for good cause shown and under such conditions as it may prescribe, restore a license to any person whose license has been suspended or revoked. History. Ga. L. 1973, p. 284, § 3; Ga. L. 2020, p. 95, § 9/HB 987. Editor’s notes. Ga. L. 2020, p. 95, § 9/HB 987, effec…
O.C.G.A. § 43-28-1 Short title
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This article shall be known and may be cited as the “Georgia Occupational Therapy Practice Act.” History. Ga. L. 1976, p. 993, § 1; Ga. L. 2019, p. 745, § 1/HB 253; Ga. L. 2021, p. 710, § 4/HB 268. The 2021 amendment, effective July 1, 2021, substituted “This article” for “This c…
O.C.G.A. § 43-28-10 Examinations
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(a) A person applying for licensure shall demonstrate his or her eligibility in accordance with the requirements of Code Section 43-28-9 and shall make application for examination upon a form and in such a manner as the board shall prescribe. Such application shall be accompanied…
O.C.G.A. § 43-28-11 Waiver of examination; reciprocity
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The board may waive the examination and grant a license to any applicant who shall present proof of current licensure as an occupational therapist or an occupational therapy assistant in another state, the District of Columbia, or territory of the United States, which 871 43-28-1…
O.C.G.A. § 43-28-14 Renewal or reinstatement of expired licenses; renewal of suspended licenses
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(a) All licenses shall expire biennially. Each person licensed under this article is responsible for renewing his or her license before the expiration date. Application for renewal shall be completed in the manner prescribed in the rules and regulations of the division director a…
O.C.G.A. § 43-28-15 Exceptions to operation of article
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Nothing in this article shall be construed as preventing or restricting the practice, services, or activities of: (1) Any person licensed under any other law of the state, including but not limited to, physicians and persons working under the supervision of physicians, nurses, cl…
O.C.G.A. § 43-28-16 Penalty
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(a) Any person who violates this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $250.00 and not more than $1,000.00, or imprisonment for a period not exceeding six months, or both. A license held by any person co…
O.C.G.A. § 43-28-17 Qualifications of license applicants; waiver
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Examinations. Waiver of examination; reciprocity. Issuance of license; fees; limited permits; use of titles and abbreviations. Denial, refusal to renew, suspension, or revocation of licenses; probation; fines; reinstatement. Renewal or reinstatement of expired licenses; renewal of…
O.C.G.A. § 43-28-2 Declaration of purpose
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This article was enacted to safeguard the public health, safety, and welfare and to assure the availability of occupational therapy services of high quality to persons in need of such services. It is the purpose of this article to provide for the regulation of persons representin…
O.C.G.A. § 43-28-20 Short title
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This article shall be known and may be cited as the “Occupational Therapy Licensure Compact Act.” History. Code 1981, § 43-28-20, enacted by Ga. L. 2021, p. 710, § 4/HB 268; Ga. L. 2022, p. 352, § 43/HB 1428. The 2022 amendment, effective May 2, 2022, part of an Act to revise, mo…
O.C.G.A. § 43-28-21 Text of compact
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The Occupational Therapy Licensure Compact is enacted into law and entered into by the State of Georgia with any and all other states legally joining therein in the form substantially as follows: “OCCUPATIONAL THERAPY LICENSURE COMPACT SECTION 1. PURPOSE The purpose of this Compa…
O.C.G.A. § 43-28-3 Definitions
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As used in this article, the term: (1) “Board” means the State Board of Occupational Therapy. (2) “License” means a valid and current certificate of registration issued by the division director or holding a valid Occupational Therapy Compact Privilege pursuant to Article 2 of this…
O.C.G.A. § 43-28-4 State Board of Occupational Therapy; members
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(a) There is established the State Board of Occupational Therapy. (b) The board shall consist of six members who shall each be 865 43-28-5 appointed by the Governor and confirmed by the Senate for a term of four years and until a successor is appointed and qualified. (c) The member…
O.C.G.A. § 43-28-5 Examinations
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Licenses, §43-28-10. Passing examination required, §43-28-9. Waiver of examination, §43-28-11.
O.C.G.A. § 43-28-7 License requirement for occupational therapists
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No person shall, unless such person is licensed in accordance with this article: (1) Practice occupational therapy or assist in the practice of occupational therapy; or (2) Hold himself or herself out as an occupational therapist or an occupational therapy assistant or as being a…
O.C.G.A. § 43-28-9 Qualifications of license applicants; waiver
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(a) An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file an application, on forms provided by the board, showing to the satisfaction of the board that such applicant: (1) Is of good moral character; (2) Has successfull…
O.C.G.A. § 43-29-1 Purpose of chapter
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This chapter is enacted in the exercise of the police powers of the state. Its purposes generally are to protect the public health, welfare, and safety by providing for the regulation of the sale, dispensing, and supplying of all ophthalmic appliances, eyeglasses, and all aids to…
O.C.G.A. § 43-29-10 Registration; fee; reinstatement
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All persons practicing as dispensing opticians shall register with the division director and shall pay a biennial registration fee in an amount determined by the board, on or before the renewal date established by the division director. Failure to register and pay this fee shall …
O.C.G.A. § 43-29-11 Purpose of chapter
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Definitions. State Board of Dispensing Opticians; members; election of officers; meetings; powers and duties. Board records and seal. Jurisdiction of board. Rules and regulations; violation as grounds for revocation of license. License requirement; qualifications of applicants; sub…
O.C.G.A. § 43-29-12 Refusal or revocation of certificates of registration
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The board shall refuse to issue its certificate of registration and may revoke its certificate of registration issued to any person who is not of good moral character, who commits an act involving moral turpitude, who is guilty of highly unprofessional conduct, or whose certificate …
O.C.G.A. § 43-29-13 Appeal from decisions of board
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Any person whose license has been revoked or suspended by the board may appeal to the superior court of the county of domicile of the board for a trial de novo by filing with the clerk a certified copy of the charge heard by the board and his petition requesting a trial. Upon deman…
O.C.G.A. § 43-29-14 CONTEMPT
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Charitable solicitations. Subpoenas of secretary of state. Failure to obey, §43-17-11. Dentists. Board of dentistry. Power to punish for contempt, §43-11-14. Nurses.
O.C.G.A. § 43-29-15 Advertising
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It shall be lawful for a dispensing optician to advertise, provided that such dispensing optician does not advertise in any manner that would tend to mislead or deceive the public or that would in any manner discredit others in the eye care field. History. Ga. L. 1956, p. 148, § 7…
O.C.G.A. § 43-29-16 Splitting fees or costs
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It shall be unlawful for any dispensing optician, either directly or indirectly, to participate in any manner in the division, assignment, rebate, splitting, or refunding of service fees or costs of completed eyeglasses or parts thereof with a physician, optometrist, or other per…
O.C.G.A. § 43-29-18 Construction of chapter
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(a) Nothing in this chapter shall be construed to authorize or permit any person to hold himself out as being able, or to offer, undertake, or attempt, by any means or method, to examine eyes or to diagnose, treat, correct, relieve, operate, or prescribe for any human ailment, de…
O.C.G.A. § 43-29-2 Definitions
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As used in this chapter, the term: (1) “Board” means the State Board of Dispensing Opticians. (2) “Dispensing optician” means, subject to Code Section 43-29-18, an individual who is duly licensed to prepare and dispense lenses, spectacles, eyeglasses, contact lenses, and optical …
O.C.G.A. § 43-29-20 Unlicensed practice as public nuisance; injunctions
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The practice of the profession of dispensing optician is declared to involve activities affecting the public interest and involving the health and safety and welfare of the public. Such activities, when engaged in by a person who is not licensed, are declared to be a public nuisa…
O.C.G.A. § 43-29-21 Penalty
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Any person who shall practice the trade or occupation of dispensing optician, as defined in this chapter, without first complying with this chapter or who shall violate any of the Code sections of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, 91…
O.C.G.A. § 43-29-22 Refusal or revocation of certificates of registration
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Appeal from decisions of board. Duties when dispensing contact lenses; restrictions; qualified dispensing optician as engaging in lawful trade or occupation. Advertising. Splitting fees or costs. Sale of nonprescription glasses; manufacture and sale of artificial eyes. Construction…
O.C.G.A. § 43-29-4 Board records and seal
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(a) The board shall have an official seal and shall keep a record of its proceedings and a register of persons whose licenses have been revoked. (b) The records of the board shall be open to public inspection, and it shall keep on file all examination papers for a period of 90 day…
O.C.G.A. § 43-29-5 Jurisdiction of board
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The board shall have exclusive jurisdiction in the enforcement of this chapter over all persons engaged in business as dispensing opticians, whether licensed or unlicensed, provided that nothing contained in this 902 43-29-7 chapter shall be construed as limiting or abrogating th…
O.C.G.A. § 43-29-6 Rules and regulations; violation as grounds for revocation of license
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The board is authorized to adopt rules and regulations pursuant to this chapter for the carrying out of the purposes of this chapter. The violation of such rules and regulations shall be grounds for the revocation of any license issued under this chapter. History. Ga. L. 1980, p.…
O.C.G.A. § 43-29-7 Examinations
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Licenses, §§43-29-7 to 43-29-9. Fees, §43-29-8. Exceptions to provisions, §§43-29-17, 43-29-18. Fees.
O.C.G.A. § 43-29-8 Examination; effect of failure of two examinations
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(a) An applicant applying for a license to practice the trade or occupation of dispensing optician shall be required to pass a board approved examination. (b) Failure to pass a satisfactory examination shall not prevent any applicant from participating in subsequent examinations …
O.C.G.A. § 43-29-9 Reciprocity
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Any person who has been duly licensed to practice as a dispensing optician in any state of the United States which has a standard of qualifications and examination for such practice at least as high as that provided for in this state by this chapter and who has been principally en…
O.C.G.A. § 43-30-1 Definitions
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As used in this chapter, the term: (1) “Board” means the State Board of Optometry. (2)(A) “Optometry” means the art and science of visual care and is declared to be a learned profession. The practice of optometry consists of the diagnosis and interpretation of the visual behavior…
O.C.G.A. § 43-30-10 Appeal from board decisions
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Actions of the board in granting, refusing to grant, or refusing to renew a license issued under this chapter or in revoking or suspending or refusing to revoke or suspend any such license shall be subject to appeal to the superior court in accordance with Chapter 13 of Title 50,…
O.C.G.A. § 43-30-11 Meetings, §43-30-4
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Members, §§43-30-2, 43-30-3. Officers, §43-30-4. Rules and regulations, §§43-30-4, 43-30-5. Terms of office, §43-30-3.
O.C.G.A. § 43-30-12 Unlicensed practice as constituting a nuisance; injunction
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The practice of optometry by any unregistered or unlicensed optometrist is declared to be a menace and a nuisance and dangerous to the public health and safety; and the board shall promptly abate such practice by filing an action for an injunction in the county in which such pract…
O.C.G.A. § 43-30-13 Construction of chapter
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(a) Nothing in this chapter shall be construed to apply to physicians and surgeons duly licensed to practice medicine, nor to prevent persons from selling spectacles or eyeglasses on prescription from any duly qualified optometrist or physician, nor to prevent any person from sell…
O.C.G.A. § 43-30-14 GLASS EYES
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Manufacture and sale, §43-29-17. GLAUCOMA. Marijuana. Use of marijuana for treatment, §§43-34-120 to 43-34-126. Optometry. Doctor of optometry prohibited from treating glaucoma, §43-30-1. GOGGLES. Sale of nonprescription glasses, §43-29-17. GOOD FAITH —Cont’d Dentists. Board of d…
O.C.G.A. § 43-30-3 Terms of office for board members; vacancies
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Two members of the board shall be appointed for one year, two for two years, and one for three years; and after the expiration of the terms of office of the members so first appointed, subsequent appointments shall be for a term of three years. Any vacancy that may occur from any …