reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-29.3 - Provider defined; exemption from licensing requirement; reciprocating between states

(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 this chapter or Chapter 5 of this title, as applicable, while practicing in this state if either of the following apply:
(1)
The provider has a written or oral agreement with a sports team to provide care to the team members and coaching staff traveling with the team for a specific sporting event to take place in this state; or
(2)
The provider has been invited by a national sport governing body to provide care to team members and coaching staff at a national sport training center in this state or during an event or competition in this state which is sanctioned by such national sport governing body so long as:
(A)
The provider's practice is limited to that required by the national sport governing body; and
(B)
The services provided by the provider are within the area of the provider's competence.
(c)
A provider who is exempt from licensure under subsection (b) of this Code section shall not:
(1)
Provide care or consultation to any person residing in this state other than a person delineated in subsection (b) of this Code section or as otherwise provided by state law; or
(2)
Practice at a health care clinic or health care facility, including an acute care facility.
(d)
An exemption under subsection (b) of this Code section shall be valid as follows:
(1)
An exemption under paragraph (1) of subsection (b) of this Code section shall remain in force while the provider is traveling with the sports team but shall be no longer than ten days in duration per sporting event. A maximum of 20 additional days per sporting event may be granted upon prior written request to the board or to the Georgia Board of Athletic Trainers, as appropriate, by the provider but shall not exceed 30 days total; and
(2)
An exemption under paragraph (2) of subsection (b) of this Code section shall remain in force during the time certified by the national sport governing body but shall not exceed 30 days.
(e)
The board or the Georgia Board of Athletic Trainers, as appropriate, may enter into agreements with the comparable licensing boards of other states to implement the provisions of this Code section. Agreements shall include procedures for reporting potential license violations.
Added by 2017 Ga. Laws 207,§ 1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-30 - Out-of-state physicians entering state for consultation; establishment of offices by out-of-state physicians

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 practice of his or her profession, either temporary or permanent, or practice under another physician's license, unless he or she obtains a license from the board.
Amended by 2010 Ga. Laws 624,§ 43, eff. 6/3/2010.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-31.1 - Licensing of telemedicine physicians; revocation

(a)
The board shall be authorized to issue telemedicine licenses to physicians who are licensed in other states but not licensed in this state to engage in the practice of medicine through telemedicine, as defined in Code Section
33-24-56.4
.
(b)
To be eligible for a telemedicine license, the physician shall:
(1)
Hold a full and unrestricted license to practice medicine in another state;
(2)
Not have had any disciplinary or other action taken against him or her by any other state or jurisdiction; and
(3)
Meet such other requirements established by the board pursuant to subsection (c) of this Code section as deemed necessary by the board to ensure patient safety.
(c)
The board shall adopt rules as to the eligibility for and the issuance of a telemedicine license. Such rules shall include limiting licensees to the practice of telemedicine. A person issued a telemedicine license pursuant to this Code section shall not be authorized to engage in the practice of medicine while physically present in this state with respect to a patient also physically present in this state; provided, however, that this subsection shall not apply to consultation provided in response to an emergency.
(d)
A person issued a telemedicine license pursuant to this Code section shall immediately notify the board of any restrictions placed on his or her license or revocation of his or her license by a licensing board or entity in another state.
(e)
A person issued a telemedicine license pursuant to this Code section shall be required to comply with all applicable requirements of the laws of this state relating to the maintenance of patient records and the confidentiality of patient information, regardless of where such physician may be located and regardless of where or how the records of any patient located in this state are maintained.
(f)
Except as otherwise provided in this Code section, a person issued a telemedicine license pursuant to this Code section shall be subject to and shall comply with the provisions of this article and the rules and regulations of the board.
(g)
The license of any person who violates this Code section shall be subject to revocation by the board after notice and opportunity for hearing.
Added by 2019 Ga. Laws 156,§ 2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-32 - Temporary licenses

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 temporary license shall become void.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-33 - Institutional licenses

(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 licenses to practice medicine in the State of Georgia. The board shall review the credentials of physicians to ensure that they have adequate training and experience and have confirmation of supervisory oversight of any such physician, prior to awarding any such institutional license. The institutional license shall be jointly awarded to the institution and the physician, indicating that the license to practice medicine is limited to that institution and under proper medical supervision in accordance with this Code section. The institutional license may be renewable biennially, so long as the licensee remains in the employ of the institution requesting the license, provided that such institutional license shall not be prima-facie evidence that the holder thereof meets the minimum basic requirements for examination by the board or for the issuance of a permanent license to practice medicine.
(b)
A person issued an institutional license pursuant to this Code section shall not engage in the private practice of medicine and shall not receive fees or any other remuneration from his or her patients. Persons practicing medicine pursuant to an institutional license issued in accordance with this Code section shall receive as their sole remuneration for the practice of medicine the salary and other remuneration paid by the institution. The license of any person who violates this Code section shall be subject to revocation by the board after notice and opportunity for hearing.
(c)
Any physician applying for an institutional license who meets all other requirements of the board must also furnish documentation of one year of American Medical Association or American Osteopathic Association approved postgraduate training (internship or residency), or other training acceptable to the board.
(d)
Institutional license holders shall not be permitted to apply for a United States Drug Enforcement Administration registration number to write prescriptions to be filled outside the institution.
Amended by 2017 Ga. Laws 275,§ 43, eff. 5/9/2017.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-34 - Limited provisional licenses

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 violate this article.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-35 - Issuance of license upon presentation of evidence of required qualifications

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 to practice medicine in this state unless restricted as otherwise authorized by law.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-36 - Passing upon good standing and reputation of medical and osteopathic colleges

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 medicine, surgery, and obstetrics in all their branches; that afford their students adequate clinical and hospital facilities; that have adequate curricula as determined by the board in its discretion; that fulfill all their published promises, requirements, and other claims respecting advantages to their students and the course of instruction; that exact a preliminary educational requirement equal to that specified by this article; that require students to furnish testimonials of good moral standing; and that give advanced standing only on cards from accredited medical schools or osteopathic medical schools. In determining the reputation of the medical school or osteopathic medical school, the right to investigate and make a personal inspection of the same is authorized.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-37 - Persons authorized to perform artificial insemination; civil liability of physician or surgeon

(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 perform or who shall actually administer or perform artificial insemination upon any female human being shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years.
(b)
Any physician or surgeon who obtains written authorization signed by both the husband and the wife authorizing him or her to perform or administer artificial insemination shall be relieved of civil liability to the husband and wife or to any child conceived by artificial insemination for the result or results of said artificial insemination, provided that the written authorization provided for in this Code section shall not relieve any physician or surgeon from any civil liability arising from his or her own negligent administration or performance of artificial insemination.
Amended by 2010 Ga. Laws 624,§ 43, eff. 6/3/2010.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
Amended by 2008 Ga. Laws 471,§ 43, eff. 5/12/2008.
Added by 2005 Ga. Laws 1,§ 9, eff. 2/16/2005.
Amended by 2001 Ga. Laws 31, § 4, eff. 4/11/2001.
Amended by 2001 Ga. Laws 358, § 3, eff. 1/1/2002.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-38 - [Repealed] Access to medical treatment; experimental and nonconventional medical treatments

Repealed by 2016 Ga. Laws 422,§ 2, eff. 7/1/2016.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-39 - Injunctions; violations of article as constituting nuisance

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 violating any of the provisions of this article or any of the laws of the state relating to the practice of medicine, the board may, on its own motion or on the verified complaint in writing of any person, file a complaint in its own name in the superior court having venue and jurisdiction over the parties, alleging the facts and praying for a temporary restraining order and an injunction and permanent injunction against such person, firm, company, partnership, association, or corporation, including any agent, officer, or director of same, restraining him or her from violating such law. Upon proof thereof, the court shall issue such restraining order, injunction, and permanent injunction without requiring allegation or proof that the petitioner therefor has no adequate remedy at law. No restraining order or injunction, whether temporary, permanent, or otherwise, shall be granted without a hearing after at least ten days' notice. It is declared that such violation of this article is a menace and a nuisance dangerous to the public health, safety, and welfare.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-40 - Fraudulently obtaining or selling records; fraudulent use of terms

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," "Osteopath," "Osteopathist," "Diplomate in Osteopathy," "D.O.," "D.Sc.O.," "Osteopathic Physician," "Doctor of Osteopathy," or any other title or letters, either alone or with other qualifying words or phrases, under such circumstances as to induce the belief that the person who uses such term or terms is engaged in the practice of osteopathic medicine, or anyone who shall hold himself or herself out as practicing any other nondrug-giving school of medical practice, without having complied with this article, shall be guilty of a felony.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-42 - Penalty

(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 five years, or both.
(b)
Any person presenting or attempting to file as his or her own the diploma or certificate or credentials of another or who shall give false or forged evidence of any kind to the board or any member thereof in connection with an application for a license to practice medicine or who shall practice medicine under a false or assumed name or who shall falsely impersonate any other practitioner of a like or different name shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of $5,000.00 or by imprisonment from two to five years, or both.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-44 - Role of medical assistants clarified

Nothing in this article shall be construed to prohibit the performance by medical assistants of medical tasks, including subcutaneous and intramuscular injections; obtaining vital signs; administering nebulizer treatments; or other tasks approved by the board pursuant to rule, if under the supervision by a physician in his or her office; provided, however, that this shall not require on-site supervision at all times, or the performance by medical assistants of medical tasks ordered by a physician assistant or advanced practice registered nurse delegated the authority to issue such an order in accordance with law and pursuant to rules of the board.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-45 - Polysomnography; practice

(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, and recording of physiologic data during sleep and wakefulness to assist in the treatment of disorders, syndromes, and dysfunctions that are sleep related, manifest during sleep, or disrupt normal sleep activities. Polysomnography also includes, but is not limited to, the therapeutic and diagnostic use of low-flow oxygen, the use of positive airway pressure including continuous positive airway pressure (CPAP) and bi-level modalities, adaptive servo-ventilation, and maintenance of nasal and oral airways that do not extend into the trachea.
(2)
"Polysomnographic technologist" means any person performing polysomnography services under the supervision of a person licensed under this article.
(3)
"Supervision" means that the supervising physician licensed under this article shall remain available, either in person or through telephonic or electronic means, at the time that polysomnography services are provided.
(b)
A physician may delegate tasks involving polysomnography to a polysomnographic technologist without regard to whether such technologist is certified or licensed as a respiratory care therapist under Article 6 of this chapter.
(c)
Nothing in this Code section shall be construed to:
(1)
Permit the practice of medicine as defined in this article by polysomnographic technologists;
(2)
Prohibit a health care provider licensed in this state from engaging in the practice for which he or she is licensed, including, but not limited to, respiratory care professionals certified under Article 6 of this chapter; or
(3)
Authorize a polysomnographic technologist to treat, manage, control, educate, or care for patients other than those with sleep or wake disorders or to provide diagnostic testing for patients other than those with suspected sleep or wake disorders.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 43-34-46 - Maintenance of certification programs

(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 Osteopathic Association maintain specialty certification.
(2)
"Specialty certification" means certification by a board that specializes in one particular area of medicine and typically has requirements in addition to those the Georgia Composite Medical Board requires to practice medicine.
(b)
Nothing in this article shall be construed to require a physician to secure a maintenance of certification as a condition of licensure to practice medicine pursuant to this article or as a prerequisite for employment in state medical facilities, reimbursement from third parties, or malpractice insurance coverage.
Added by 2017 Ga. Laws 180,§ 1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 2 - MEDICAL PRACTICE (§§ 43-34-20 — 43-34-48) › Section 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

(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.
(2)
"Sexual assault" shall have the same meaning as provided in Code Section
15-24-1
.
(b)
A health care provider in this state shall report the name of a physician to the board if such health care provider has actual knowledge that such physician has committed sexual assault on a patient. A health care provider shall not be required to duplicate a report if such health care provider has knowledge that such report has been made to the board. A health care provider shall not be required to report a physician to the board under this Code section as a result of professional knowledge obtained in the course of the health care provider-patient relationship when the physician is the patient.
(c)
No health care provider required to report a physician to the board under this Code section who in good faith either reports or fails to report shall be subject to civil or criminal liability or discipline for unprofessional conduct for such action or inaction.
(d)
Any health care provider required to report a physician to the board under this Code section who knowingly and willfully fails to do so shall be subject to a fine of no less than $1,000.00 or greater than $5,000.00 as determined by such health care provider's respective licensing board and may be subject to other disciplinary action in such respective licensing board's discretion.
(e)
Law enforcement officers, when investigating cases of alleged sexual assaults on a patient by a physician, are authorized to send pertinent records on such cases to the board. Such records shall be confidential, not subject to Article 4 of Chapter 18 of Title 50, relating to open records, and shall not be disclosed without the approval of the board.
Added by 2021 Ga. Laws 291,§ 7, eff. 7/1/2021.
Pursuant to Code Section 28-9-5, in 2021, Code Section 43-34-47, as enacted by Ga. L. 2021, p. 777, § 7/HB 458, was redesignated as Code Section 43-34-48.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 3 - ACUPUNCTURE (§§ 43-34-60 — 43-34-72) › Section 43-34-60 - Short title

This article shall be known and may be cited as the "Acupuncture Act of Georgia."
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 3 - ACUPUNCTURE (§§ 43-34-60 — 43-34-72) › Section 43-34-61 - Purpose

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.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 3 - ACUPUNCTURE (§§ 43-34-60 — 43-34-72) › Section 43-34-62 - Definitions

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 health and the prevention of disease.
(2)
"Auricular (ear) detoxification therapy" means the insertion of disposable acupuncture needles into the five auricular acupuncture points stipulated by the National Acupuncture Detoxification Association protocol for the sole purpose of treatment of chemical dependency.
(3)
"Board" means the Georgia Composite Medical Board.
(4)
"Practice of acupuncture" means the insertion of disposable acupuncture needles and the application of moxibustion to specific areas of the human body based upon Oriental medical principles as a therapeutic modality. Dry needling is a technique of the practice of acupuncture. Adjunctive therapies within the scope of acupuncture may include manual, mechanical, herbal, thermal, electrical, and electromagnetic treatment and the recommendation of dietary guidelines and exercise, but only if such treatments, recommendations, and exercises are based on concepts of traditional Oriental medicine and are directly related to acupuncture therapy.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 3 - ACUPUNCTURE (§§ 43-34-60 — 43-34-72) › Section 43-34-63 - Power and responsibility of the board

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 necessary to conduct its business, carry out its duties, and administer this article;
(3)
Examine for, approve, issue, deny, revoke, suspend, and renew the licenses of acupuncture applicants and licensed acupuncturists under this article and conduct hearings in connection with these actions;
(4)
Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations;
(5)
Establish application, examination, and licensure fees;
(6)
Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and
(7)
Establish continuing education requirements.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 3 - ACUPUNCTURE (§§ 43-34-60 — 43-34-72) › Section 43-34-65 - Applicant notification procedures

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 the reasons for rejection.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 3 - ACUPUNCTURE (§§ 43-34-60 — 43-34-72) › Section 43-34-66 - License surrender upon demand; display requirements; change of address

(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 active practice of auricular (ear) detoxification therapy as an auricular (ear) detoxification technician shall display the document evidencing licensure in an appropriate and public manner.
(c)
Every person who holds a license issued by the board shall inform the board of any change of address.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 3 - ACUPUNCTURE (§§ 43-34-60 — 43-34-72) › Section 43-34-67 - License renewal requirements; inactive status

(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 board.
(b)
Each person licensed under this article is responsible for renewing his or her license before the expiration date.
(c)
Under procedures and conditions established by the board, a license holder may request that his or her license be declared inactive. The licensee may apply for active status at any time and, upon meeting the conditions set by the board, shall be declared active.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 3 - ACUPUNCTURE (§§ 43-34-60 — 43-34-72) › Section 43-34-68 - Informed consent requirements

(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)
That the acupuncturist cannot practice medicine, is not making a medical diagnosis of the person's disease or condition, and that such person should see a physician if he or she wants to obtain a medical diagnosis; and
(3)
The nature and the purpose of the acupuncture treatment.
(b)
The board shall develop a standard informed consent form to be used by persons licensed under this article. Such informed consent form shall include the information set forth in subsection (a) of this Code section as well as any other and additional information the board deems appropriate. The information set forth in the informed consent form shall be in language which is easy to read and readily understandable to the consuming public.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 3 - ACUPUNCTURE (§§ 43-34-60 — 43-34-72) › Section 43-34-69 - Sanctions

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 divide a fee for acupuncture services with any person who refers a patient, notwithstanding that such board is not a professional licensing board.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 3 - ACUPUNCTURE (§§ 43-34-60 — 43-34-72) › Section 43-34-70 - Advisory committee

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, and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. Acupuncture advisory committee members must be licensed pursuant to this article.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 3 - ACUPUNCTURE (§§ 43-34-60 — 43-34-72) › Section 43-34-71 - Unlicensed practice; exceptions; penalties

(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 who is licensed under this article.
(b)
The prohibition in subsection (a) of this Code section does not apply to:
(1)
Any person licensed to practice medicine under Article 2 of this chapter;
(2)
The practice of acupuncture which is an integral part of the program of study by students enrolled in an acupuncture education program under the direct clinical supervision of a licensed acupuncturist with at least five years of clinical experience; or
(3)
The practice of acupuncture by any person licensed or certified to perform acupuncture in any other jurisdiction that has requirements equivalent to or more stringent than this article where such person is doing so in the course of regular instruction in an approved educational program of acupuncture or in an educational seminar of an approved professional organization of acupuncture, provided that in the latter case the practice is supervised directly by a person licensed to practice acupuncture pursuant to this article or an acupuncturist who is licensed to practice medicine under Article 2 of this chapter.
(c)
Any person violating subsection (a) of this Code section shall, upon conviction thereof, be guilty of a misdemeanor.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 462, § 43, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 3 - ACUPUNCTURE (§§ 43-34-60 — 43-34-72) › Section 43-34-72 - Use of titles and professional designations

(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 under this article. Possession of a license to practice as an A.D.T. does not by itself entitle a person to identify himself or herself as an acupuncturist. An auricular (ear) detoxification technician is strictly limited to five ear points' treatment for detoxification for substance abuse, chemical dependency, or both.
(c)
No person licensed under this article may advertise or hold himself or herself out to the public as being authorized to practice medicine under Article 2 of this chapter.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
Amended by 2005 Ga. Laws 19,§ 43, eff. 4/7/2005.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 4 - PHYSICIAN ASSISTANTS (§§ 43-34-100 — 43-34-110) › Section 43-34-100 - Short title

This article shall be known and may be cited as the "Physician Assistant Act."
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 4 - PHYSICIAN ASSISTANTS (§§ 43-34-100 — 43-34-110) › Section 43-34-101 - Legislative purpose

(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 intended to encourage the more effective utilization of the skills of physicians by enabling them to delegate health care tasks to such assistants where such delegation is consistent with the patient's health and welfare.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 4 - PHYSICIAN ASSISTANTS (§§ 43-34-100 — 43-34-110) › Section 43-34-102 - Definitions

As used in this article, the term:
(1)
"Applicant" means an individual seeking licensure as a physician assistant pursuant to this article.
(2)
"Alternate supervising physician" means a physician to whom a board approved primary supervising physician has delegated the responsibility of supervising a physician assistant who is licensed to that primary supervising physician and who agrees to supervise the physician assistant for the primary supervising physician and who is on record with the board.
(3)
"Board" means the Georgia Composite Medical Board.
(4)
"Job description" means a document, signed by the primary supervising physician and the physician assistant, in which the primary supervising physician delegates to that physician assistant authority to perform certain medical acts and which describes the professional background and specialty of the primary supervising physician and the qualifications including related experience of the physician assistant; and includes a general description of how the physician assistant will be utilized in the practice. A job description shall not be required to contain every activity the physician deems the physician assistant qualified to perform but shall confine the activities of the physician assistant to those in the scope of practice of the primary supervising physician.
(5)
"Order" means to prescribe pursuant to a job description which drug, medical device, medical treatment, or diagnostic study is appropriate for a patient and to communicate the same in writing, orally, via facsimile, or electronically.
(6)
"Physician" means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 of this chapter.
(7)
"Physician assistant" means a skilled person who is licensed to a supervising physician and who is qualified by academic and practical training to provide patients' services not necessarily within the physical presence but under the personal direction or supervision of the supervising physician.
(8)
"Prescription drug order" means a written or oral order of a physician assistant for a drug or medical device for a specific patient. Such term includes an electronic visual image prescription drug order and an electronic data prescription drug order.
(9)
"Primary supervising physician" means the physician to whom the board licenses a physician assistant pursuant to a board approved job description and who has the primary responsibility for supervising the practice of a physician assistant pursuant to that physician assistant's job description.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
Amended by 2004 Ga. Laws 543, § 1, eff. 5/13/2004.
Amended by 2002 Ga. Laws 887, § 1, eff. 5/14/2002.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 4 - PHYSICIAN ASSISTANTS (§§ 43-34-100 — 43-34-110) › Section 43-34-104 - Notice of application approval or disapproval; issuance of license

(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 the assistant a license authorizing the assistant to perform medical tasks under the direction and supervision of the physician.
(b)
The board shall not approve an application unless it finds from the information forwarded with the application that the applicant has complied with the requirements in this article.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 4 - PHYSICIAN ASSISTANTS (§§ 43-34-100 — 43-34-110) › Section 43-34-105 - Performance of tasks in accordance with job description

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 physician assistant, whether or not such task is specified in the general job description, when it is performed under the direct supervision and in the presence of the physician utilizing him or her.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 34 - PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE (§§ 43-34-1 — 43-34-316) › Article 4 - PHYSICIAN ASSISTANTS (§§ 43-34-100 — 43-34-110) › Section 43-34-106 - Posting notice that assistants are being utilized

Any physician, clinic, or hospital using a physician assistant shall post a notice to that effect in a prominent place.
Amended by 2009 Ga. Laws 243,§ 1, eff. 7/1/2009.