Practicing Dentistry Under Another's License

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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.

(Ga. L. 1897, p. 119, § 14; Civil Code 1910, § 1751; Code 1933, § 84-9907; Ga. L. 1999, p. 234, § 20; Ga. L. 2004, p. 720, § 7.)

OPINIONS OF THE ATTORNEY GENERAL

Fingerprintable offenses.

- Violation of O.C.G.A. § 43-11-51 is not designated as an offense for which fingerprinting is required. 1999 Op. Att'y Gen. No. 99-17.

JUDICIAL DECISIONS

Terms of contract.

- Terms of the contract governing the relationship between the orthodontist and the practice management company made it very clear that the company did not intend, and in fact did not, employ the orthodontist to carry out the company's own corporate practice of orthodontics and, accordingly, Georgia case law counseled against voiding the contract for illegality. Clower v. Orthalliance, Inc., 337 F. Supp. 2d 1322 (N.D. Ga. 2004).


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