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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

1,329 sections·Filtered byTitle 43✕

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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Showing 901–950 of 1,329

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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…

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,…

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.