reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 1 - [GEORGIA OCCUPATIONAL THERAPY PRACTICE] (§§ 43-28-1 — 43-28-17) › Section 43-28-9 - Qualifications of license applicants; waiver

(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 successfully completed the academic requirements of an accredited educational program in occupational therapy recognized by the board, with concentration in biological or physical science, psychology, and sociology and with education in selected manual skills. For an occupational therapist or occupational therapy assistant, such a program shall be accredited by a recognized accrediting agency acceptable to the board. Other comparable educational programs such as those approved by the World Federation of Occupational Therapists may be recognized by the board upon evaluation of detailed program and course content. An applicant who is foreign trained shall complete an academic program that is recognized or approved by the World Federation of Occupational Therapists or such other credentialing entity recognized by the board;
(3)
Has successfully completed a period of supervised field work experience approved by the board;
(4)
Has passed an examination approved by the board as provided for in Code Section
43-28-10
; and
(5)
Has satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for the issuance of a license under this Code section shall constitute express consent and authorization for the board to perform a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. Such applicant shall be responsible for all fees associated with the performance of such background check.
(b)
An applicant not meeting the requirements of subsection (a) of this Code section must indicate to the board that he or she has obtained a waiver of such requirements pursuant to Code Section
43-28-11
.
Amended by 2021 Ga. Laws 286,§ 3, eff. 7/1/2021.
Amended by 2019 Ga. Laws 246,§ 1, eff. 7/1/2019.
Amended by 2010 Ga. Laws 417,§ 31, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 1 - [GEORGIA OCCUPATIONAL THERAPY PRACTICE] (§§ 43-28-1 — 43-28-17) › Section 43-28-10 - Examinations

(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 by the fee prescribed by the board.
(b)
Each applicant for licensure under this article shall pass a nationally recognized examination for occupational therapists or an examination for occupational therapy assistants which has been approved by the board.
(c)
Applicants who fail the examination may retake the examination; provided, however, that prior to the issuance of a license, the board may require reexamination applicants to demonstrate competency in a manner deemed appropriate by the board if:
(1)
The applicant has failed the examination three times or more; or
(2)
The applicant has failed to pass the examination within five years of completion of the academic requirements for licensure as set out in paragraph (2) of subsection (a) of Code Section
43-28-9
.
Amended by 2019 Ga. Laws 246,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 1 - [GEORGIA OCCUPATIONAL THERAPY PRACTICE] (§§ 43-28-1 — 43-28-17) › Section 43-28-11 - Waiver of examination; reciprocity

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 requires standards for licensure considered by the board to be equivalent to the requirements for licensure of this article.
Amended by 2019 Ga. Laws 246,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 1 - [GEORGIA OCCUPATIONAL THERAPY PRACTICE] (§§ 43-28-1 — 43-28-17) › Section 43-28-12 - Issuance of license; fees; limited permits; use of titles and abbreviations

(a)
The board shall issue a license to any person who meets the requirements of this article upon payment of the license fee prescribed.
(b)
The board shall issue a limited permit to persons who have completed the academic education and fieldwork experience requirements contained in paragraphs (2) and (3) of subsection (a) of Code Section
43-28-9
. Such permit shall allow the person to practice occupational therapy under the supervision of an occupational therapist who holds a current license in this state and shall be valid until the expiration date of the limited permit or the applicant has passed or failed the examination for licensure. An applicant who is working under a limited permit and fails the examination shall immediately surrender his or her limited permit. A limited permit shall not be renewed if the applicant has failed the examination.
(c)
The board may issue a limited permit to persons who have successfully completed a certification examination approved by the board. This permit shall allow the person to practice occupational therapy for a period not to exceed 90 days under the supervision of an occupational therapist who holds a current license in this state.
(d)
(1)
A licensed occupational therapist may use the words "occupational therapist" or "licensed occupational therapist" or any words, title, letters, or other appropriate designation, including "O.T." and "O.T./L.", that identifies such person as a licensed occupational therapist, in connection with the name or place of business, and any activity, practice, or service, so long as the licensee is at all times in compliance with the requirements of this article when providing occupational therapy services.
(2)
A licensed occupational therapist who possesses a national certification from the National Board for Certification of Occupational Therapy (NBCOT) may also use the designation "O.T.R." or "O.T.R./L.".
(e)
(1)
A licensed occupational therapy assistant may use the words "occupational therapy assistant," "licensed occupational therapy assistant," or any word, title, letters, or other appropriate designation, including "O.T.A." or "L.O.T.A.," that identifies such person as a licensed occupational therapy assistant, in connection with the name or place of business, and any activity, practice or service, so long as the licensee is at all times in compliance with the requirements of this article when providing occupational therapy services.
(2)
A licensed occupational therapy assistant who possesses a national certification from the National Board for Certification of Occupational Therapy (NBCOT) may also use the designation "C.O.T.A.," or "C.O.T.A./L.".
Amended by 2020 Ga. Laws 521,§ 43, eff. 7/29/2020.
Amended by 2019 Ga. Laws 246,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 1 - [GEORGIA OCCUPATIONAL THERAPY PRACTICE] (§§ 43-28-1 — 43-28-17) › Section 43-28-14 - Renewal or reinstatement of expired licenses; renewal of suspended licenses

(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 and shall include the payment of a renewal fee. The board may set and require a specific number of continuing education hours for license renewal.
(b)
The board may provide for late renewal of a license upon payment of a late renewal fee, proof of continuing education as set by the board, and completion of an appropriate form. Any license which is not renewed during the specified renewal period will be revoked for failure to renew. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for reinstatement.
(c)
A suspended license is subject to expiration and may be renewed as provided in this Code section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity or in other conduct or activity in violation of the order or judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable.
Amended by 2019 Ga. Laws 246,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 1 - [GEORGIA OCCUPATIONAL THERAPY PRACTICE] (§§ 43-28-1 — 43-28-17) › Section 43-28-15 - Exceptions to operation of article

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, clinical psychologists, speech pathologists and audiologists, dentists, chiropractors, and physical therapists, from engaging in the profession or occupation for which he or she is licensed;
(2)
Any person employed as an occupational therapist or an occupational therapy assistant by the government of the United States if such a person provides occupational therapy solely under the direction or control of the organization by which he or she is employed;
(3)
Any person pursuing a course of study leading to a degree or certificate in occupational therapy in an educational program which is accredited by a recognized accrediting agency acceptable to the board and if such person is designated by a title which clearly indicates such person's status as a student or trainee;
(4)
Any person fulfilling the supervised field work experience requirements of Code Section
43-28-9
if such activities and services constitute a part of the experience necessary to meet the requirement of that Code section;
(5)
Any person enrolled in a course of study designed to develop advanced occupational therapy skills when the occupational therapy activities are required as part of an educational program sponsored by an educational institution approved by the board and conducted under the supervision of an occupational therapist licensed under this article. If such person provides occupational therapy services outside the scope of the educational program, he or she shall then be required to be licensed in accordance with this article;
(6)
Any occupational therapist or occupational therapy assistant licensed or certified by an agency recognized by the board providing consultation, as defined by rule, related to direct patient care if such services are performed for not more than 30 days in a calendar year;
(7)
Any person employed as an occupational therapy aide and working under the direct supervision of an occupational therapist licensed in this state;
(8)
Any person licensed under any other law of the state from providing orthotics within his or her scope of practice; or
(9)
Persons registered as rehabilitation suppliers by the State Board of Workers' Compensation, including those registered before July 1, 1992, but only when practicing rehabilitation counseling as a designated principal rehabilitation supplier pursuant to Chapter 9 of Title 34 and only so long as they do not use any titles other than titles describing the certifications or licenses they are required to hold under Code Section
34-9-200.1
.
Amended by 2019 Ga. Laws 246,§ 1, eff. 7/1/2019.
Amended by 2017 Ga. Laws 275,§ 43, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 1 - [GEORGIA OCCUPATIONAL THERAPY PRACTICE] (§§ 43-28-1 — 43-28-17) › Section 43-28-16 - Penalty

(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 convicted under this Code section shall be forfeited and revoked upon the board receiving notice of such conviction.
(b)
It is unlawful for any person who is not registered under this article as an occupational therapist or as an occupational therapy assistant or whose registration has been suspended or revoked to use, in connection with his or her name or place of business, the words "occupational therapist," "licensed occupational therapist," "occupational therapy assistant," "licensed occupational therapy assistant," or the letters "O.T.," "O.T.R.," "O.T.R./L., "O.T./L.," "O.T.A.," "L.O.T.A.," "C.O.T.A./L.," or "C.O.T.A."; or any other words, letters, abbreviations, or insignia indicating or implying that he or she is an occupational therapist or an occupational therapy assistant or to show in any way, orally, in writing, in print, or by sign, directly or by implication, or to represent himself or herself as an occupational therapist or an occupational therapy assistant.
Amended by 2019 Ga. Laws 246,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 2 - [OCCUPATIONAL THERAPY LICENSURE COMPACT] (§§ 43-28-20 — 43-28-21) › Section 43-28-20 - Short title

This article shall be known and may be cited as the "Occupational Therapy Licensure Compact Act."
Amended by 2022 Ga. Laws 782,§ 43, eff. 5/2/2022.
Added by 2021 Ga. Laws 286,§ 4, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-1 - Purpose of chapter

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 human vision.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-2 - Definitions

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 devices to the intended user thereof as specifically directed or authorized on the written prescription of a physician skilled in diseases of the eye or an optometrist duly licensed to practice his profession.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-3 - State Board of Dispensing Opticians; members; election of officers; meetings; powers and duties

(a)
There is created the State Board of Dispensing Opticians, which board shall supervise the practice of dispensing opticians and enforce this chapter, which board shall be composed of five licensed dispensing opticians, each of whom shall be a resident of the state who has been engaged in the occupation of dispensing optician in the state for not less than five years preceding the time of his appointment, and one additional member who shall have no connection whatsoever with the trade or occupation of dispensing optician.
(b)
The members of the board shall be appointed by the Governor, and each such appointee shall hold office for a period of four years or until his successor is appointed and qualified.
(c)
The Governor is also authorized to fill vacancies that may occur from time to time on said board with persons duly qualified.
(d)
The board shall select from among its own number a chairman and a vice-chairman, shall adopt rules and regulations governing the examination of applicants and the enforcement of this chapter, and shall establish a code of ethics and standards of practice for dispensing opticians and such other rules and regulations governing procedure as shall be necessary and proper for the carrying out of the objectives of this chapter.
(e)
The board shall provide for meetings at least twice each year for the purpose of receiving applications and giving examinations as above provided and may meet at other times and at such places as the board shall designate from time to time or fix by regulations.
(f)
The board may administer oaths, summon witnesses, and take testimony in all matters relating to its duties.
(g)
The board shall issue a license to practice the trade or occupation of dispensing optician to all persons who shall furnish satisfactory evidence of attainments and qualifications under this chapter and the rules and regulations of the board. Such license shall be signed by the chairman and attested by the division director, and it shall give the person to whom it is issued the absolute authority to practice the trade or occupation of dispensing optician in this state.
(h)
Each member of the board shall be reimbursed as provided in subsection (f) of Code Section
43-1-2
.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-4 - Board records and seal

(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 days after each examination.
Amended by 2011 Ga. Laws 52,§; 71, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-5 - Jurisdiction of board

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 chapter shall be construed as limiting or abrogating the power or authority of any board or commission created under any of the laws of this state defining and regulating any profession to enforce such respective laws or exercising any of the powers contained in such laws against violators thereof, even though engaged in the business of dispensing optician.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-6 - Rules and regulations; violation as grounds for revocation of license

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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-8 - Examination; effect of failure of two examinations

(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 upon complying with this chapter, but any applicant who has failed two examinations shall not be permitted to take any further examination for licensure under this chapter until such applicant has furnished sufficient proof of having taken such additional education and training as shall be required by the board.
Amended by 2010 Ga. Laws 417,§ 33, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-9 - Reciprocity

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 engaged in such practice pursuant to such license for a period of not less than two years preceding may, upon proper application to the board and upon payment of a fee in an amount established by the board in lieu of examination and registration fees, be issued a certificate of registration without examination and shall thereupon be authorized to practice as a registered dispensing optician in this state subject to this chapter and the rules and regulations of the board, provided that the state of residence of a dispensing optician seeking registration under this Code section accords a similar privilege to dispensing opticians licensed by Georgia and seeking to practice as dispensing opticians in such other state; provided, further, that an applicant for registration under this Code section shall not, within the five years preceding his application, have failed any examination which is required in this state.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-10 - Registration; fee; reinstatement

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 forfeit the certificate of such delinquent, but he may be reinstated by paying all registration dues and an additional penalty fee in an amount established by the board.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-11 - Continuing education requirement; waiver; effect of failure to complete required course hours

(a)
Each person who holds a license as a dispensing optician shall be required to complete ten hours of continuing education prior to each renewal of such license.
(b)
With his or her application for license renewal, each licensed dispensing optician shall submit an affidavit of course hours completed as proof that his or her education requirements have been satisfied. The board shall give credit for any course given by any recognized national, regional, or state dispensing society or association if such course increases the education of a dispensing optician and is made available to all licensed opticians on a reasonably nondiscriminatory fee basis. The board may also approve, in accordance with the objectives of this chapter, other courses held within or outside of this state which are available to all persons on a reasonably nondiscriminatory fee basis. Any group of ten or more licensed opticians may arrange for an educational course and request board approval thereof. Any such request shall be made at least 90 days prior to the proposed date of the course and shall include full details as to the contents of the course, the instructors, and the charge to be made for attendance, as well as any other information which the board may require. The board shall endeavor to act upon any request for approval at least 45 days prior to the proposed date therefor and shall thereupon notify all licensed opticians of the time, place, contents, and charges for any such approved course. The certificate of attendance required under this Code section shall be issued to the optician upon completion of the approved course. Credit shall be allowed on the basis of an hour for an hour. To receive one hour of credit, one must attend one full hour. No fractional hour credits shall be allowed.
(c)
The board may waive the requirements of this Code section for any license period for any dispensing optician upon proof of such optician's hardship or disability, provided that such optician's license may be revoked upon failure of the licensee to complete the required number of hours, not to exceed 20 hours, of continuing education within 12 months immediately following renewal.
(d)
A dispensing optician failing to complete the course hours required under this Code section shall have his or her license restored upon proof of subsequent completion of required course hours and, except in the case of a waiver granted under subsection (c) of this Code section, upon payment of a penalty fee in an amount established by the board.
Amended by 2010 Ga. Laws 417,§ 34, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-12 - Refusal or revocation of certificates of registration

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 was issued through error, fraud, or perjury, provided that in all such cases the board shall serve written notice of the charges on such accused person at least ten days prior to the date set for hearing, and such person shall be notified to appear before the board to answer the charges at such time and place as the board may direct. Such notice shall plainly set forth the charges made and shall notify the accused person to appear to answer the same. On such hearing, if the charges are found true, the accused having the right to produce witnesses in his behalf and cross-examine those testifying against him, the board shall render judgment against him.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-13 - Appeal from decisions of board

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 demand by the applicant, the board shall make certified copies of any charges. When the copy of the charge is lodged with the clerk of the superior court of the county of domicile of the board and the required deposit of court cost is paid within ten days after the board's findings, the appeal shall be considered perfected and shall be docketed and stand for trial. No such appeal shall operate as a supersedeas to such revocation or suspension.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-14 - Duties when dispensing contact lenses; restrictions; qualified dispensing optician as engaging in lawful trade or occupation

(a)
Dispensing opticians who dispense contact lenses shall instruct the wearer at the time the lenses are delivered to return to the prescribing and responsible optometrist or physician skilled in diseases of the eye for evaluation, approval, and follow-up care.
(b)
A dispensing optician may duplicate lenses without prescription, provided that a dispensing optician shall not substitute contact lenses for spectacles, eyeglasses, or other optical devices except as otherwise authorized in this chapter or engage in the diagnosis of diseases of the human eye or attempt to determine the refractive powers of the human eye or in any manner attempt to prescribe remedies for or treat diseases or ailments of human beings.
(c)
A dispensing optician who qualifies under this chapter shall be determined and recognized as engaging in a lawful trade or occupation in this state.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-15 - Advertising

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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-16 - Splitting fees or costs

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 person or persons.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-17 - Sale of nonprescription glasses; manufacture and sale of artificial eyes

Nothing in this chapter shall be construed to prevent the sale of spectacles for reading purposes, toy glasses, goggles, or sunglasses consisting of plano white, plano colored, or plano tinted glasses or ready-made nonprescription glasses; nor shall anything in this chapter be construed to affect in any way the manufacturing and sale of plastic or glass artificial eyes or any persons engaged in the manufacturing or sale of plastic or glass artificial eyes.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-18 - Construction of chapter

(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, deficiency, deformity, disease, injury, pain, or physical condition.
(b)
Nothing in this chapter shall be construed to limit or restrict, in any respect, the practice of medicine by duly licensed physicians authorized to practice under Article 2 of Chapter 34 of this title or the practice of optometry by duly licensed optometrists authorized to practice under Chapter 30 of this title. Nothing in this chapter shall be construed to limit or restrict a duly licensed physician or optometrist from the practices enumerated and defined in this chapter; and such licensed physician or optometrist shall have all the rights and privileges which may accrue under this chapter to dispensing opticians licensed under this chapter.
(c)
Nothing in this chapter shall be construed to impede, limit, prevent, or restrict the furnishing, selling, or supplying of any commodities or services by any manufacturer, wholesaler, jobber, vendor, or distributor of any commodities or services to any manufacturer, wholesaler, jobber, vendor, or distributor thereof or to or as agent for any physician, optometrist, or dispensing optician or to any clinic, infirmary, or hospital or to any school, college, or university.
(d)
Nothing in this chapter shall be construed to prohibit an unlicensed person from performing merely mechanical work upon inert materials in an optical office or laboratory.
(e)
The services and appliances relating to optical dispensing shall be dispensed, furnished, or supplied to the intended wearer or user thereof only upon prescription issued by a physician or an optometrist; but duplications, replacements, reproductions, or repetitions may be done without prescription, in which event any such act shall be construed to be optical dispensing the same as if performed on the basis of an original written prescription.
(f)
Nothing contained in this chapter shall be construed to require an employee of a licensed physician or a licensed optometrist to secure a license under this chapter or be otherwise subject to this chapter, so long as such employee is working exclusively for and under the direct supervision of such licensed physician or optometrist or licensed optician and does not hold himself out to the public generally as a dispensing optician.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-19 - Payment of fees in advance; restriction on paying out funds and creating expenses

All fees provided for in this chapter shall be paid in advance to the division director. No funds shall be paid out unless authorized by the chairman of the board and the division director, and no expense shall be created in excess of the fees provided in this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-20 - Unlicensed practice as public nuisance; injunctions

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 nuisance and harmful to the public health, safety, and welfare. The board or the appropriate prosecuting attorney where such nuisance exists may bring an action to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides. It shall not be necessary in order to obtain the equitable relief provided in this Code section to allege or prove that there is no adequate remedy at law.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 29 - DISPENSING OPTICIANS (§§ 43-29-1 — 43-29-22) › Section 43-29-21 - Penalty

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, shall be punished by a fine of not more than $500.00 or by imprisonment of not more than six months in the county jail, or both.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 30 - OPTOMETRISTS (§§ 43-30-1 — 43-30-15) › Section 43-30-2 - State Board of Optometry; composition; qualifications of members

(a)
It shall be the duty of the Governor to appoint a State Board of Optometry to consist of six members. This board shall be appointed by the Governor and styled the "State Board of Optometry." All appointments to the board shall be subject to the confirmation of the Senate. One of the members shall be appointed from the public at large and shall have no connection whatsoever with the profession or practice of optometry. The remaining five members shall be persons who have been actively engaged in the practice of optometry in the state for five years immediately preceding such appointment, shall be registered as optometrists under this chapter, and shall be qualified to use pharmaceutical agents for diagnostic and treatment purposes as authorized under this chapter.
(b)
No person shall be eligible for appointment to the board who is connected in any way with a school teaching optometry or who sells optical goods at wholesale.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 30 - OPTOMETRISTS (§§ 43-30-1 — 43-30-15) › Section 43-30-3 - Terms of office for board members; vacancies

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 cause shall be filled by the Governor for the unexpired term.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 30 - OPTOMETRISTS (§§ 43-30-1 — 43-30-15) › Section 43-30-4 - Election of board officers; rules, regulations, and bylaws as to board's proceedings; meetings

The board shall annually elect a president and a vice-president who shall hold their offices until their successors are elected and qualified. The board shall prescribe such rules, regulations, and bylaws for its proceedings and governance as will put this chapter into effect. There shall be at least two regular meetings of the board held every year. Special meetings may be held on the call of the president and two other members.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 30 - OPTOMETRISTS (§§ 43-30-1 — 43-30-15) › Section 43-30-5 - Adoption of rules and regulations by board generally; restrictions on practice locations for doctors of optometry

The board shall have the authority and power to adopt, establish, enforce, and maintain rules and regulations applicable to the practice of optometry adequate to put this chapter into effect and to regulate the practice of optometry as a profession in conformity with and in compliance with accepted professional standards; provided, however, the board shall not provide by rule to restrict the location of the practice of a licensed doctor of optometry, and any such rule now in effect shall be null and void.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 30 - OPTOMETRISTS (§§ 43-30-1 — 43-30-15) › Section 43-30-5.1 - Advertising requirements

Any truthful written or broadcast advertising for eye exam services whether regional or national by any optical firm with more than seven locations in the State of Georgia shall not be required to list the name of the optometrist in the advertisement provided those optometrists practicing under a trade name at a specific location shall be identified to any person inquiring by telephone.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 30 - OPTOMETRISTS (§§ 43-30-1 — 43-30-15) › Section 43-30-6 - Certificate of registration required

It shall be unlawful for any person to practice optometry in this state unless he shall have first obtained a certificate of registration from the board and filed same with the clerk of the superior court of the county in which such practice is conducted.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 30 - OPTOMETRISTS (§§ 43-30-1 — 43-30-15) › Section 43-30-6.1 - Display of license or certificate of registration

Persons holding a license or certificate of registration issued by the board shall display that license or certificate in a conspicuous place in that person's principal place of practice.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 30 - OPTOMETRISTS (§§ 43-30-1 — 43-30-15) › Section 43-30-7 - Certification and registration requirement; comity; qualifications examination

(a)
All persons engaged in the practice of optometry or who wish to begin the practice of optometry shall apply through the division director to the board for a certificate of registration. Such certificate of registration shall be granted to such applicants upon compliance with the conditions contained in subsections (b), (c), and (d) of this Code section.
(b)
The applicant shall be registered and given a certificate of registration if he or she holds a valid license from such other state boards of optometry as may be, under the rules of comity, recognized by the board. The fee for registering such applicant shall be in an amount determined by the board. A person practicing optometry who has been registered and given a certificate of registration under the rules of comity and who fails to pay the biennial registration fee, as established by the board, on or before the renewal date established by the division director shall forfeit his or her certificate of registration. Such person may be reinstated by paying all past due registration fees and an additional fee in an amount established by the board.
(c)
Any other applicant for registration under this chapter shall be required to pass an examination approved by the board. In addition, each such applicant shall:
(1)
Be 21 years of age and of good moral character;
(2)
Possess a high school education of not less than 16 Carnegie units or the equivalent thereof to be determined by the board;
(3)
Have completed not less than two years of preoptometry college work in a college of arts and sciences approved by the board or the equivalent thereof to be determined by the board; and
(4)
Hold a certificate of graduation from an accredited college or university teaching optometry, acceptable to the board, requiring a course of study therein of at least four school years.
(d)
Any applicant seeking a certificate of registration after July 1, 1994, must be qualified to use pharmaceutical agents for diagnostic and treatment purposes in accordance with subparagraph (A) of paragraph (2) of Code Section
43-30-1
. Qualification to use pharmaceutical agents for diagnostic and treatment purposes shall be met by evidence of:
(1)
Successful completion of pharmacological training and certification from a properly accredited institution of higher learning, or the equivalent thereof to be determined by the board; and
(2)
Successful passage of an examination approved by the board which tests knowledge of pharmacology for treatment and management of ocular diseases.
Amended by 2010 Ga. Laws 417,§ 35, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 30 - OPTOMETRISTS (§§ 43-30-1 — 43-30-15) › Section 43-30-8 - Biennial registration; educational programs for optometrists; forfeiture of certificate upon failure to comply; reinstatement of certificate

(a)
Each person practicing optometry shall register biennially with the division director by completing and filing a form to be furnished by the board.
(b)
The board may approve educational programs to be held within or outside this state. The board shall approve only such educational programs as are available to all persons practicing optometry in the state on a reasonable nondiscriminatory fee basis. Any request for board approval of an educational program shall be submitted in a timely manner with due regard for the necessity of investigation and consideration by the board. The board may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of programs that meet this requirement; and such programs shall be self-sustaining by the individual fees set and collected by the provider of the program. The minimum number of hours of continuing education required shall be fixed by the board by February 1 of each calendar year. In no instance may the board require a greater number of hours of study than are available at approved courses held within the state; and the board is authorized to waive this requirement in cases of certified illness or undue hardship.
(c)
Failure to register, to pay the registration fee, or to submit satisfactory proof of training shall forfeit the certificate of the delinquent optometrist; but a practitioner's certificate may be restored upon payment of all delinquent registration fees, a penalty as established by the board, and the submission of satisfactory proof of training.
Amended by 2013 Ga. Laws 198,§ 2, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 30 - OPTOMETRISTS (§§ 43-30-1 — 43-30-15) › Section 43-30-9 - Refusal or revocation of certificates; appeals

(a)
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, or who commits an act involving moral turpitude, or who is guilty of unprofessional conduct, or whose certificate was issued through error, fraud, or perjury, or who knowingly makes any fraudulent, misleading, or deceptive statement in any form of advertising, or who makes any statement in any advertising concerning the quality of optometric services rendered by the registrant or licensee or any optometrist associated with him.
(b)
The board shall serve written notice of the charges on such accused person at least ten days prior to the date set for hearing, and said person shall be notified to appear before the board to answer the charges at such time and place as the board may direct. Such notice shall plainly set forth the charges made and notify the accused person to appear to answer the same. On such hearing, if the charges are found true, the accused having the right to produce witnesses in his behalf and cross-examine those testifying against him, the board shall render judgment after such hearing; and the person accused may enter an appeal to the next superior court of the county in which the hearing is held. If he is dissatisfied with the finding, such appeal is to be governed by the law relating to appeals in other cases.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 30 - OPTOMETRISTS (§§ 43-30-1 — 43-30-15) › Section 43-30-10 - Appeal from board decisions

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, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 30 - OPTOMETRISTS (§§ 43-30-1 — 43-30-15) › Section 43-30-11 - Agency representative to determine contested cases; judicial review

(a)
Upon the written request of the board, the division director shall have the power under paragraph (5) of subsection (a) of Code Section
50-13-13
to select and appoint an agency representative to determine a contested case pending before the board to the extent and in the manner provided by law.
(b)
In any contested case brought under authority of this chapter to enforce this chapter, a party aggrieved by an initial decision of the agency representative may immediately seek judicial review thereof within the time and in the manner provided by Code Section
50-13-19
if board review of the initial decision of the agency representative in accordance with Code Section
50-13-17
would not provide an adequate remedy or if such board review is unlawful. Upon such appeal, the court shall first determine the claim supporting the intermediate appeal. If the court determines the claim adversely to the petitioner, it shall remand the case to the board which shall then proceed in accordance with Code Section
50-13-17
, except that the board shall consider the initial decision of the hearing representative as having been filed with it on the date of remand from the court. If the court determines the claim adversely to the board, it shall treat the initial decision of the agency representative as a final decision of the board and determine all other issues in the case in accordance with Code Section
50-13-19
.