reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 1 - GENERAL PROVISIONS (§§ 43-11-1 — 43-11-23) › Section 43-11-23 - Specialized training for dental assistant or hygienist performing certain procedures

(a)
A dental assistant or licensed dental hygienist performing phlebotomy and venipuncture procedures shall be required to complete board approved training in phlebotomy, intravenous access, infection control, the handling of any medical or dental emergencies associated with such procedures, and any other safety related topics required by the board.
(b)
A dental assistant or licensed dental hygienist assisting a licensed dentist during the lawful administration of conscious sedation under Code Section
43-11-21
or general anesthesia under Code Section
43-11-21.1
shall complete board approved training on the applicable procedures, protocols, patient monitoring techniques, equipment, and any other safety related topics required by the board. A dental assistant or licensed dental hygienist performing phlebotomy and venipuncture procedures while assisting the supervising dentist pursuant to this subsection shall also complete the training requirements contained in subsection (a) of this Code section.
(c)
The procedures authorized in subsections (a) and (b) of this Code section shall only be performed under the direct supervision of a licensed dentist.
(d)
A licensed dentist shall not delegate to a dental assistant or a dental hygienist the administration of any medication or drugs given to a patient through phlebotomy and venipuncture procedures.
Added by 2021 Ga. Laws 288,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 2 - LICENSES FOR THE PRACTICE OF DENTISTRY (§§ 43-11-40 — 43-11-53) › Section 43-11-40 - Qualification of applicants; criminal background check

(a)
(1)
Applicants for a license to practice dentistry must have received a doctor of dental surgery (D.D.S.) degree or a doctor of dental medicine (D.M.D.) degree from a dental school approved by the board and accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any. Those applicants who have received a doctoral degree in dentistry from a dental school not so accredited must comply with the following requirements in order to submit an application for licensure:
(A)
Successful completion at an accredited dental school approved by the board of the last two years of a pre-doctoral program and receipt of the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree; and
(B)
Certification by the dean of the accredited dental school where such supplementary program was taken that the candidate has achieved the same level of didactic and clinical competency as expected of a graduate of the school receiving a doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree.
(2)
The board may establish by rule or regulation the requirements for documentation of an applicant's educational and personal qualifications for licensure.
(3)
In order to be granted a license under this Code section, all applicants must pass a clinical examination approved by the board and a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice of dentistry as established or approved by the board, which shall be administered in the English language.
(b)
All applications to the board for a license shall be made through the executive director, who shall then submit all such applications to the board.
(c)
Subject to the provisions of subsection (a) of Code Section
43-11-47
, applicants who have met the requirements of this Code section shall be granted licenses to practice dentistry.
(d)
Application for a license under this Code section shall constitute consent for performance of 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. The applicant shall be responsible for all fees associated with the performance of a background check.
Amended by 2013 Ga. Laws 83,§ 2-10, eff. 7/1/2013.
Amended by 2012 Ga. Laws 737,§ 1A, eff. 7/1/2012.
Amended by 2004 Ga. Laws 573, § 4, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 2 - LICENSES FOR THE PRACTICE OF DENTISTRY (§§ 43-11-40 — 43-11-53) › Section 43-11-43 - Fees

Each person applying for examination for a license to practice dentistry shall, at the time of making his or her application, pay to the executive director a fee to be set by the board. Each person applying for the renewal of a license or authority to practice dentistry or for the establishment of a license or authority that has been lost shall, at the time of making his or her application, pay to the executive director a fee to be set by the board. Such fee shall cover the entire service for granting or issuing licenses to practice dentistry.
Amended by 2013 Ga. Laws 83,§ 2-12, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 2 - LICENSES FOR THE PRACTICE OF DENTISTRY (§§ 43-11-40 — 43-11-53) › Section 43-11-44 - Discretionary decisions involving treatment of patients

It is a matter of public interest that all decisions involving or affecting the clinical dental treatment of a patient shall be left to the sole discretion of the licensed dentist providing treatment to the patient. The board shall be authorized to promulgate rules and regulations to supplement and ensure compliance with the requirements of this Code section.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 2 - LICENSES FOR THE PRACTICE OF DENTISTRY (§§ 43-11-40 — 43-11-53) › Section 43-11-45.1 - Display of license

Every person licensed under this article shall display such license in a conspicuous place in such person's principal place of business.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 2 - LICENSES FOR THE PRACTICE OF DENTISTRY (§§ 43-11-40 — 43-11-53) › Section 43-11-46 - License renewal

(a)
Every person licensed by the board to practice dentistry shall register biennially on the renewal date set by the board and shall pay to the executive director a registration fee which shall be set by the board. The board shall provide for penalty fees for late registration.
(b)
The failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement only in the discretion of the board. The board may restore and reissue a license to practice dentistry pursuant to this chapter under any terms or conditions that it may deem appropriate.
(c)
After 1988, as a prerequisite for license renewal, dentists shall furnish satisfactory evidence of current certification in cardiopulmonary resuscitation as may be defined by rule or regulation of the board.
Amended by 2013 Ga. Laws 83,§ 2-13, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 2 - LICENSES FOR THE PRACTICE OF DENTISTRY (§§ 43-11-40 — 43-11-53) › Section 43-11-46.1 - Continuing education requirements; waiver

(a)
The board shall be authorized to require persons seeking renewal of a dental license under this chapter to complete board approved continuing education of not less than 40 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations and to designate the number of hours required and the category in which those hours should be earned.
(b)
The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.
(c)
The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.
(d)
This Code section shall apply to each licensing, certification, and renewal cycle which begins after the 1990-1991 renewal.
(e)
On and after January 1, 2022, continuing education requirements for dentists shall include legal ethics and professionalism in the practice of dentistry, which shall include, but shall not be limited to, education and training regarding professional boundaries; unprofessional conduct relating to the commission of acts of sexual intimacy, abuse, misconduct, or exploitation with regard to the practice of dentistry; legislative updates and changes to the laws relating to the practice of dentistry and rules, policies, and advisory opinions and rulings issued by the board; professional conduct and ethics; proper billing practices; professional liability; and risk management.
Amended by 2021 Ga. Laws 291,§ 1, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 2 - LICENSES FOR THE PRACTICE OF DENTISTRY (§§ 43-11-40 — 43-11-53) › Section 43-11-48 - Initiation of proceedings for violation of chapter; records

(a)
Proceedings under this chapter may be initiated by the board upon its own motion or upon receipt of a signed, written complaint. A board member who forwards a complaint to the attention of the board shall not participate in any further disciplinary proceedings with respect to such applicant or licensee. Disposition of "contested cases," within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," shall be governed by Chapter 13 of Title 50.
(b)
A record of all hearings, decisions, and orders shall be kept for the board by the executive director.
Amended by 2013 Ga. Laws 83,§ 2-15, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 2 - LICENSES FOR THE PRACTICE OF DENTISTRY (§§ 43-11-40 — 43-11-53) › Section 43-11-49 - Burden of proof as to authority to practice dentistry

On the trial of anyone charged with the violation of this chapter or with the illegal practice of dentistry, it shall be incumbent on the defendant, upon proof that he or she practiced dentistry, to show that he or she had authority under the law to practice dentistry in order to exempt himself or herself from the penalty for such violation.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 2 - LICENSES FOR THE PRACTICE OF DENTISTRY (§§ 43-11-40 — 43-11-53) › Section 43-11-50 - Practice of dentistry without a license

Any person, firm, partnership, corporation, or other entity who practices dentistry in this state without obtaining a license to practice from the board shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by imprisonment from two to five years, or both.
Amended by 2002 Ga. Laws 762, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 2 - LICENSES FOR THE PRACTICE OF DENTISTRY (§§ 43-11-40 — 43-11-53) › Section 43-11-51 - Practicing dentistry under another's license

Any person, firm, partnership, corporation, or other entity who practices dentistry or performs any dental operation under the protection of another's license shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by imprisonment for not less than two nor more than five years, or both.
Amended by 2004 Ga. Laws 573, § 7, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 3 - DENTAL HYGIENISTS (§§ 43-11-70 — 43-11-76) › Section 43-11-70 - Examination requirement; issuance of license; posting license

No person shall practice as a dental hygienist in this state until such person has passed a written and a clinical examination conducted or approved by the board. The fee for such examination shall be paid to the executive director and shall be in an amount established by the board. The board shall issue licenses and license certificates as dental hygienists to those persons who have passed the examination in a manner satisfactory to the board, and the license certificate shall be posted and displayed in the place in which the hygienist is employed.
Amended by 2013 Ga. Laws 83,§ 2-16, eff. 7/1/2013.
Amended by 2004 Ga. Laws 573, § 9, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 3 - DENTAL HYGIENISTS (§§ 43-11-70 — 43-11-76) › Section 43-11-70.1 - Temporary license authorized

A person who furnishes the board satisfactory proof of being currently licensed to practice as a dental hygienist in another state and who has applied for, paid the fee for, and been authorized by the board to take the examination required by Code Section
43-11-70
shall be issued a temporary license to practice as a dental hygienist in this state. The temporary license shall be valid from the date of issuance until the results of the first examination scheduled for the applicant are released. If the applicant fails the examination or fails to appear at the examination, the temporary license shall automatically become invalid. No such temporary license shall be issued more than one time nor shall a temporary license be issued to an applicant who has previously failed the examination. If the applicant passes the examination, the temporary license shall remain valid until a license is issued. A temporary license shall be posted and displayed in the place in which the dental hygienist is employed.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 3 - DENTAL HYGIENISTS (§§ 43-11-70 — 43-11-76) › Section 43-11-71 - Qualifications of applicants for license; criminal background check

(a)
No person shall be entitled to or be issued such license as set out in Code Section
43-11-70
unless such person is at least 18 years of age, of good moral character, and a graduate of a dental hygiene program recognized by the board and accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency which is operated by a school or college accredited by an institutional accrediting agency recognized by the United States Department of Education whose curriculum is at least two academic years of courses at the appropriate level and at the completion of which an associate or baccalaureate degree is awarded.
(b)
Application for a license under Code Section
43-11-70
shall constitute consent for performance of 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. The applicant shall be responsible for all fees associated with the performance of a background check.
Amended by 2004 Ga. Laws 573, § 10, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 3 - DENTAL HYGIENISTS (§§ 43-11-70 — 43-11-76) › Section 43-11-71.1 - Application for license to practice dental hygiene by credentials; procedure; criminal background check; expiration of license

(a)
(1)
Applicants for a license to practice dental hygiene by credentials must have received a dental hygiene degree from a dental hygiene school or program accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any, and approved by the board. Applicants must also provide proof of full-time clinical practice, as defined by the board; full-time faculty practice, as defined by the board; or a combination of both for the last two preceding years and hold an active dental hygiene license in good standing from another state.
(2)
The board may establish by rule or regulation the requirements for documentation of an applicant's educational and personal qualifications for licensure.
(3)
In order to be granted a license under this Code section, all applicants must have passed a clinical examination given by a state or regional testing agency approved by the board and a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice of dental hygiene as established or approved by the board, which shall be administered in the English language.
(4)
The board may establish additional licensure requirements by rule and regulation.
(b)
All applications to the board for a license by credentials shall be made through the executive director, who shall then submit all such applications to the board. The fee for licensure by credentials shall be paid to the executive director and shall be in an amount established by the board.
(c)
Subject to the provisions of Code Section
43-11-72
, an applicant who has met the requirements of this Code section shall be granted a license to practice as a dental hygienist.
(d)
Application for a license under this Code section shall constitute consent for performance of 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. The applicant shall be responsible for all fees associated with the performance of a background check.
(e)
Upon receipt of license, the applicant by credentials must establish active practice, as defined by rules and regulations of the board, in this state within two years of receiving such license under this Code section or the license shall be automatically revoked.
Amended by 2013 Ga. Laws 83,§ 2-17, eff. 7/1/2013.
Amended by 2005 Ga. Laws 19,§ 43, eff. 4/7/2005.
Added by 2004 Ga. Laws 573, § 11, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 3 - DENTAL HYGIENISTS (§§ 43-11-70 — 43-11-76) › Section 43-11-72 - Corrective action against licensee

The board shall have the authority to refuse to grant, to revoke, or to discipline the license of any licensed dental hygienist in this state based upon any ground or violation enumerated in Code Section
43-11-47
, in the same manner and to the same extent as such Code section applies to licenses of dentists, unless the application of any such provision would not be appropriate to the license of a dental hygienist, in accordance with the sanctions, standards, and procedures set forth in that Code section, or for violation of Code Section
43-11-74
or any other law or rule relating to the practice of dental hygiene, in accordance with the sanctions, standards, and procedures set forth in Code Section
43-11-47
.
Amended by 2004 Ga. Laws 573, § 12, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 3 - DENTAL HYGIENISTS (§§ 43-11-70 — 43-11-76) › Section 43-11-73 - License renewal

(a)
Every person licensed by the board to practice dental hygiene shall register biennially on the renewal date set by the executive director and shall pay to the executive director a registration fee which shall be set by the board. The board shall provide for penalty fees for late registration.
(b)
The failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement only in the discretion of the board. The board may restore and reissue a license to practice dental hygiene pursuant to this chapter under any terms or conditions that it may deem appropriate.
(c)
After 1988, as a prerequisite for license renewal, dental hygienists shall furnish satisfactory evidence of current certification in cardiopulmonary resuscitation, as may be defined by rule or regulation of the board.
Amended by 2013 Ga. Laws 83,§ 2-18, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 3 - DENTAL HYGIENISTS (§§ 43-11-70 — 43-11-76) › Section 43-11-73.1 - Continuing education requirement; waiver; rules and regulations

(a)
The board shall be authorized to require persons seeking renewal of a dental hygienist license to complete board approved continuing education of not less than 22 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning and professional organizations. At least 15 hours of continuing education in each renewal cycle shall be scientifically based.
(b)
The board shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.
(c)
The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.
(d)
This Code section shall apply to each licensing, certification, and renewal cycle which begins after the 1990-1991 renewal.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 3 - DENTAL HYGIENISTS (§§ 43-11-70 — 43-11-76) › Section 43-11-75 - Applicability of article

This article shall not apply to licensed dentists, nor shall this article apply to physicians licensed in this state in extracting teeth or performing surgical operations and in charging therefor or to accredited schools of dentistry.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 3 - DENTAL HYGIENISTS (§§ 43-11-70 — 43-11-76) › Section 43-11-76 - Unlicensed practice of dental hygiene

Any person who engages in the practice of dental hygiene without first having obtained a license therefor shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 4 - DENTAL ASSISTANTS (§§ 43-11-80 — 43-11-82) › Section 43-11-80 - Acts, services, practices, and procedures authorized

(a)
A dental assistant is one, other than a licensed dentist or licensed dental hygienist, who is employed to assist a licensed dentist by performing those acts, services, practices, and procedures as may be prescribed by rule or regulation of the board.
(b)
After meeting such additional education and training requirements as the board may require by rule or regulation, a dental assistant may perform such other acts, practices, services, or procedures, under the direct supervision of a licensed dentist, which the board may prescribe by rule or regulation.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 4 - DENTAL ASSISTANTS (§§ 43-11-80 — 43-11-82) › Section 43-11-81 - Direct supervision required

Dental assistants shall perform their duties only under the direct, personal supervision of a licensed dentist. No dental assistant shall practice dentistry, dental hygiene, or do any kind of dental work other than those acts, services, procedures, and practices prescribed by rule or regulation of the board.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11 - DENTISTS AND DENTAL HYGIENISTS (§§ 43-11-1 — 43-11-82) › Article 4 - DENTAL ASSISTANTS (§§ 43-11-80 — 43-11-82) › Section 43-11-82 - Exceptions to application of article

This article shall not apply to licensed dentists or dental hygienists, nor shall this article apply to physicians licensed in this state in extracting teeth or performing surgical operations and in charging therefor or to accredited schools of dentistry.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-1 - Short title

This chapter shall be known and may be cited as the "Dietetics Practice Act."
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-2 - Purpose of chapter

The General Assembly acknowledges that the application of scientific knowledge relating to nutrition is important in the treatment of disease and in the attainment and maintenance of health; and acknowledges further that the rendering of sound dietetic or nutrition services in hospitals, nursing homes, school districts, health departments, private practice and consultation, and in other settings requires trained and competent professionals. It is declared, therefore, to be the purpose of this chapter to protect the health, safety, and welfare of the public by providing for the licensure and regulation of the activities of persons engaged in dietetic practice.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-3 - Definitions

As used in this chapter, the term:
(1)
"Advertise" means, but is not limited to, the issuing of or causing to be distributed any card, sign, or other device or the causing or permitting any sign or marking on or in any building or structure or in any newspaper, magazine, or directory or announcement on radio or announcement or display on television.
(2)
"Applicant" means any person seeking a license under this chapter.
(3)
"Board" means the Georgia Board of Examiners of Licensed Dietitians established by this chapter.
(4)
"Dietetic practice" or "dietetics" means the integration and application for compensation of principles derived from the sciences of nutrition, biochemistry, food, physiology, management, and behavioral and social sciences to achieve and maintain client health through the provision of nutrition care services, which shall include:
(A)
Assessing the nutritional needs of individuals and groups based upon appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate intake including enteral and parenteral nutrition;
(B)
Establishing priorities, goals, and objectives which meet nutritional needs and are consistent with available resources;
(C)
Providing dietetic nutrition counseling by advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status;
(D)
Developing, implementing, and managing nutrition care delivery systems; and
(E)
Evaluating, making changes in, and maintaining standards of quality in food and nutrition care services.
As used in this chapter, the terms "dietetic practice," "dietetics," and "medical nutrition therapy" are interchangeable.
(5)
"Dietitian" means a person duly licensed under this chapter to practice dietetics. As used in this chapter, the terms "dietitian" and "dietetic counselor" are interchangeable.
(6)
"Provisionally licensed dietitian" means a person provisionally licensed under this chapter.
(7)
"Registered dietitian" means a person registered by the Commission on Dietetic Registration of the American Dietetic Association.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-4 - Creation of Georgia Board of Examiners of Licensed Dietitians

(a)
There is created the Georgia Board of Examiners of Licensed Dietitians. The board shall consist of seven members as follows:
(1)
Six members shall be dietitians with at least one member from each of the following areas of dietetic practice: clinical dietetics; community or public health dietetics; an educator on the faculty of a college or university specializing in the field of dietetics; and the private practice of dietetics; and
(2)
One member shall represent the public at large.
(b)
The Georgia Board of Examiners of Licensed Dietitians existing immediately prior to July 1, 1994, is continued in existence and shall continue to consist of seven members to be appointed by the Governor with the confirmation of the Senate. Members of the board shall take office on the first day of July immediately following the expired terms of that office and shall serve for a term of four years and until their successors are appointed and qualified. Those persons serving as members of the board immediately prior to July 1, 1994, shall continue to serve out their respective terms of office and until their respective successors are appointed and qualified. Any person appointed to the board when the Senate is not in session may serve on the board without Senate confirmation until the Senate acts on that appointment. No member shall serve on the board for more than two consecutive terms. Any vacancy shall be filled by the Governor subject to confirmation of the Senate.
(c)
All members of the board shall be reimbursed as provided for in subsection (f) of Code Section
43-1-2
.
(d)
All members of the board shall take the constitutional oath of office.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-5 - Qualifications, appointment, and removal of board members

(a)
Professional members of the board shall:
(1)
Be citizens of the United States and residents of this state;
(2)
Have engaged in the dietetic practice for compensation for not less than five years; and
(3)
Be licensed under this chapter.
(b)
Consumer members of the board shall be appointed by the Governor from the public at large, shall be citizens of the United States and residents of this state, and shall have no connection whatsoever with dietetic practice.
(c)
The Governor may remove members of the board, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any felony, failure to meet the qualifications of this chapter, or committing any act prohibited by this chapter.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-6 - Election of officers; meetings of board

The board shall meet annually and shall elect from its members a chairperson, vice chairperson, and any other officers as deemed necessary who shall hold office according to the rules adopted by the board. In addition to its annual meeting, the board shall hold at least two other meetings each year as provided by the rules adopted by the board.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-7 - Powers of board

This board shall have the power to:
(1)
Enforce the provisions of this chapter, and it shall be granted all of the necessary duties, powers, and authority to carry out this responsibility;
(2)
Draft, adopt, amend, repeal, and enforce such rules as it deems necessary for the administration and enforcement of this chapter in the protection of public health, safety, and welfare;
(3)
License duly qualified applicants by examination, endorsement, or reinstatement;
(4)
Implement the disciplinary process;
(5)
Enforce qualifications for licensure;
(6)
Set standards for competency of licensees continuing in or returning to practice;
(7)
Issue orders when a license is surrendered to the board while a complaint, investigation, or disciplinary action against such license is pending;
(8)
Adopt, revise, and enforce rules regarding the advertising by licensees including, but not limited to, rules to prohibit false, misleading, or deceptive practices;
(9)
Adopt, publish in print or electronically, and enforce a code of ethics;
(10)
Establish examination and licensing fees;
(11)
Request and receive the assistance of state educational institutions or other state agencies;
(12)
Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the general public and appropriate state agencies;
(13)
Establish continuing education requirements; and
(14)
Adopt a seal which shall be affixed only in such manner as prescribed by the board.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-8 - Grant of license without examination

The board may grant, upon application and payment of proper fees, a license without examination to a person who, at the time of application, either:
(1)
Holds a valid license as a licensed dietitian issued by another state, political territory, or jurisdiction acceptable to the board if, in the board's opinion, the requirements for that license are substantially equal to or greater than the requirements of this chapter; or
(2)
Presents evidence satisfactory to the board that the applicant is registered as a registered dietitian by the Commission on Dietetic Registration of the American Dietetic Association or its successor organization.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-9 - Eligibility for license

Each applicant for a license as a dietitian shall be at least 18 years of age, shall have submitted a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and shall be in compliance with the following requirements:
(1)
Receipt of a baccalaureate or higher degree from a college or university accredited by the Southern Association of Schools and Colleges or any other regional accreditation agency with a major course of study in dietetics, human nutrition, food and nutrition, nutrition education, or food systems management;
(2)
Satisfactory completion of a documented, supervised experience component in dietetic practice of not less than 900 hours supervised by a licensed dietitian or registered dietitian as prescribed by the board;
(3)
Successful completion of an examination as required by Code Section
43-11A-13
; and
(4)
Completion of such other requirements as may be prescribed by the board.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-14 - Surrender of license on demand; display requirement; notice of change of address; renewal; inactive status

(a)
A license issued by the board is the property of the board and must be surrendered on demand.
(b)
The licensee shall display the license certificate in an appropriate and public manner.
(c)
The licensee shall inform the board of any change of address.
(d)
The license shall be renewed biennially if the licensee is not in violation of this chapter at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the board.
(e)
Each person licensed under this chapter is responsible for renewing his or her license before the expiration date.
(f)
Under procedures and conditions established by the board, a licensee 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.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-16 - License requirement; registered dieticians

(a)
Only a person licensed or otherwise authorized to practice under this chapter shall be engaged in dietetic practice or use the title "dietitian" or use the letters "LD" or any facsimile thereof or represent himself or herself to the public as a dietitian.
(b)
Notwithstanding any other provisions of this Code section, a person duly registered as a registered dietitian shall have the right to use the title "registered dietitian," the designation "RD," or any facsimile thereof.
(c)
Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-17 - Applicability of "Georgia Administrative Procedure Act."

Proceedings under this chapter shall be governed by 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 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-19 - Eligibility of nutritionists for license

A person who does not meet the requirements for licensure under this chapter but who has been employed as a nutritionist under the state or a county merit system for at least five years prior to July 1, 1993, and who makes application for licensure as a dietitian prior to July 1, 1995, may be granted a license as a dietitian if he or she pays the required fee and complies with the continuing education requirements established by the board.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-10 - Provisional permits

A provisional permit to practice as a provisionally licensed dietitian under the supervision of a dietitian may be issued by the board upon the filing of an application with appropriate fees and submission of evidence of successful completion of a substantial portion of the requirements for licensure as provided by Code Section
43-11A-9
, at the discretion of the board. The permit shall be issued for one year and may be renewed at the discretion of the board for a length of time determined by the board. A renewal fee may be required by the board to maintain a provisional license.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-11 - Power of board to require applications be made under oath

The board may require that all applications be made under oath.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-12 - Notification of applicants of acceptance or rejection

After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 11A - DIETETICS PRACTICE ACT (§§ 43-11A-1 — 43-11A-13) › Section 43-11A-13 - Examinations

(a)
Examinations to determine competence shall be administered to qualified applicants at least twice each calendar year. The examinations may be administered by a national testing service. The board shall prescribe or develop the examinations which may include an examination given by the Commission on Dietetic Registration of the American Dietetic Association or any other examination approved by two-thirds' vote of the board.
(b)
The board shall notify each examinee of the results of the examination.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12 - DISABLED VETERANS AND BLIND PERSONS ENGAGING IN PEDDLING, O PERATING BUSINESSES, OR PRACTICING PROFESSIONS (§§ 43-12-1 — 43-12-9) › Section 43-12-1 - Exemption from payment of occupation tax, administrative fee, or regulatory fee

Subject to the limitations provided in this chapter, the following classes of persons may peddle, conduct business, or practice the professions and semiprofessions in any county or municipality in this state without paying an occupation tax, administrative fee, or regulatory fee for the privilege of so doing, provided such person receives a certificate of exemption issued by the commissioner of veterans service:
(1)
Any disabled veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise;
(2)
Any blind person; or
(3)
Any veteran of peace-time service in the United States armed forces who has a physical disability incurred during the period of such service.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12 - DISABLED VETERANS AND BLIND PERSONS ENGAGING IN PEDDLING, O PERATING BUSINESSES, OR PRACTICING PROFESSIONS (§§ 43-12-1 — 43-12-9) › Section 43-12-2 - Qualifications; proof of blindness or disability

(a)
No person shall be entitled to an exemption from occupation taxes, administrative fees, or regulatory fees which would otherwise be required to peddle, conduct business, or practice the professions or semiprofessions under this chapter until it has been made to appear to the issuing authority that the person making application therefor is a resident of this state and that the income of such person is such that he or she is not liable for the payment of state income taxes.
(b)
Blind persons must furnish satisfactory proof of their blindness to the issuing authority.
(c)
A war veteran must furnish satisfactory proof that he or she has a physical disability which is disabling to the extent of 10 percent or more; that his or her service in the armed forces of the United States was terminated under conditions other than dishonorable; and that his or her service or some part thereof was rendered during a war period as defined by an act of the Congress of the United States, approved March 20, 1933, entitled "An Act to Maintain the Credit of the United States," and commonly known as Public Law No. 2, 73rd Congress; or that some part of his or her service was rendered on or after December 7, 1941, and before December 31, 1946; or that some part of his or her service was rendered on or after June 27, 1950, and before January 31, 1955; or that some part of his or her service was rendered on or after August 5, 1964, and before May 8, 1975. Proof of such 10 percent disability shall be established upon the written certificate of two physicians as to such disability, or by a letter or other written evidence from the United States Department of Veterans Affairs or the Department of Veterans Service stating the degree of disability, or by written evidence from the branch of the armed forces of the United States in which such veteran served.
(d)
A veteran of peace-time service in the United States armed forces must furnish proof that he or she has a physical disability to the extent of 25 percent or more incurred in the line of duty during the period of such service by a letter or other evidence from the United States Department of Veterans Affairs or the Department of Veterans Service stating the degree of disability or by written evidence from the branch of the armed forces of the United States in which such veteran served and that his or her service in the armed forces of the United States was terminated under conditions other than dishonorable.
Added by 2005 Ga. Laws 406,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12 - DISABLED VETERANS AND BLIND PERSONS ENGAGING IN PEDDLING, O PERATING BUSINESSES, OR PRACTICING PROFESSIONS (§§ 43-12-1 — 43-12-9) › Section 43-12-3 - Application for certificate of eligibility; ten-year period of validity

All persons within the groups enumerated in Code Section
43-12-1
seeking a certificate of exemption from the payment of occupation taxes, administrative fees, or regulatory fees for peddling, conducting a business, or practicing a profession or semiprofession must first make application to the judge of the probate court of the county in which he or she resides for a certificate of eligibility. Each applicant shall make an affidavit before the judge of the probate court that he or she is not subject to payment of any income taxes to this state. Upon receipt of the evidence required in Code Section
43-12-2
and the execution of the affidavit required by this Code section, the judge of the probate court shall issue a certificate of eligibility stating that the applicant has furnished the proof required for the issuance of a certificate of exemption required by the commissioner of veterans service. Such certificate of eligibility shall be valid for a period of ten years from the date of issue.
Amended by 2010 Ga. Laws 395,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12 - DISABLED VETERANS AND BLIND PERSONS ENGAGING IN PEDDLING, O PERATING BUSINESSES, OR PRACTICING PROFESSIONS (§§ 43-12-1 — 43-12-9) › Section 43-12-4 - Description of proposed business

All persons eligible for a certificate of exemption to be issued by the commissioner of veterans service shall state in their application filed with the commissioner of veterans service the kind of business to be operated and the place where such business is proposed to be carried on; and only the business described in the application shall be exempt from the payment of state, county, and municipal business or occupation taxes or administrative fees and regulatory fees imposed by local governments. No person shall operate in his or her own name any other business than that described in his or her application filed with the commissioner of veterans service.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 12 - DISABLED VETERANS AND BLIND PERSONS ENGAGING IN PEDDLING, O PERATING BUSINESSES, OR PRACTICING PROFESSIONS (§§ 43-12-1 — 43-12-9) › Section 43-12-5 - Certificate of eligibility as prima-facie evidence of right to a certificate of exemption; requirement of additional proof; rules and regulations as to certificates of exemption

The certificates of eligibility issued by any of the judges of the probate courts of this state shall be prima-facie evidence of the right of the holder thereof to a certificate of exemption to be issued by the commissioner of veterans service. However, the commissioner of veterans service may require additional proof when such commissioner has reason to believe that any applicant is not entitled to the exemptions provided for in this chapter. The commissioner of veterans service shall make and prescribe reasonable rules and regulations not inconsistent with this chapter governing the issuance of certificates of exemption.