Ratification; Text of Compact

1. Law
2. Georgia Code
3. Professions and Businesses
4. Physical Therapists
5. Physical Therapy Licensure Compact
6. Ratification; Text of Compact

The Physical Therapy Licensure Compact is enacted into law and entered into by the State of Georgia with any and all other states legally joining therein in the form substantially as follows:

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2019, "Termination" was substituted for "termination" at the end of the introductory language of subsection (b) of Section 10 and an ending quotation mark was added at the end of the Compact.

Editor's notes.

- As of May, 2019, the contingency requiring ratification by ten states was satisfied.

CHAPTER 34 PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE Article 1 Georgia Composite Medical Board.

• 43-34-1. Definitions.
• 43-34-2. Creation of board; members; physician assistants advisory committee; review of qualifications.
• 43-34-3. Terms of office; representation of geographic regions; vacancies.
• 43-34-4. Oath of board members; certificate of appointment.
• 43-34-5. Election of board officers; reimbursement of members; meetings; powers and duties; no restriction on licenses.
• 43-34-5.1. Professional health program for monitoring and rehabilitation of impaired health care professionals; definitions; authorization; confidentiality; costs.
• 43-34-6. Board as an independent agency; executive director; meetings and hearings; licenses, certificates, and permits; investigations; venue; credit to veterans; annual report.
• 43-34-7. Maintenance of roster; confidentiality.
• 43-34-8. Authority to refuse license, certificate, or permit or issue discipline; suspension; restoration; investigations; hearings on fitness; immunity; publication of final disciplinary actions.
• 43-34-9. Prior notice and hearing in disciplinary proceedings; proceedings as constituting contested cases; subpoenas; failure to appear.
• 43-34-10. Notification of conviction.
• 43-34-11. Continuing education requirement.
• 43-34-12. Radiologist assistant defined.
• 43-34-13. (For effective date, see note.) "Expedited physician licensee" and "health care professional" defined; fingerprinting and criminal background check.

Article 2 Medical Practice.

• 43-34-20. Short title.
• 43-34-21. Definitions.
• 43-34-22. Practicing medicine without a license; titles and abbreviations; exceptions.
• 43-34-22.1. Requirements for advertising or publicizing of specialty certification [Repealed].
• 43-34-23. Delegation of authority to nurse or physician assistant.
• 43-34-24. Drug therapy management; modification by pharmacist.
• 43-34-24.1. Redesignated.
• 43-34-25. (For effective date, see note.) Delegation of certain medical acts to advanced practice registered nurse; construction and limitations of such delegation; definitions; conditions of nurse protocol; issuance of prescription drug orders.
• 43-34-26. License requirement for persons engaged in practice of medicine; qualifications; evaluation program; examinations.
• 43-34-26.1. Vaccine protocol agreements.
• 43-34-26.2. Redesignated.
• 43-34-26.3. Redesignated.
• 43-34-27. Licensing aliens; licensing Canadian medical school graduates.
• 43-34-28. Reciprocity; expedited license.
• 43-34-29. Issuance of teacher's license to licensed physicians of other states and foreign countries; renewal.
• 43-34-29.1. Administrative medicine licenses; definitions; requirements; rules of board.
• 43-34-29.2. Educational certificates for out-of-state physicians participating in educational training requiring patient care.
• 43-34-29.3. Provider defined; exemption from licensing requirement; reciprocating between states.
• 43-34-30. Out-of-state physicians entering state for consultation; establishment of offices by out-of-state physicians.
• 43-34-31. Practice of medicine from foreign jurisdiction by electronic means; exceptions; patient records; confidentiality.
• 43-34-31.1. (See Editor's notes.) Licensing of telemedicine physicians; revocation.
• 43-34-32. Temporary licenses.
• 43-34-33. Institutional licenses.
• 43-34-34. Limited provisional licenses.
• 43-34-35. Issuance of license upon presentation of evidence of required qualifications.
• 43-34-36. Passing upon good standing and reputation of medical and osteopathic colleges.
• 43-34-37. Persons authorized to perform artificial insemination; civil liability of physician or surgeon.
• 43-34-38. Access to medical treatment; experimental and nonconventional medical treatments [Repealed].
• 43-34-39. Injunctions; violations of article as constituting nuisance.
• 43-34-40. Fraudulently obtaining or selling records; fraudulent use of terms.
• 43-34-41. Special licenses for volunteers.
• 43-34-42. Penalty.
• 43-34-42.1. Redesignated.
• 43-34-43. Temporary postgraduate training permits; notifications to board; authorization to adopt regulations.
• 43-34-44. Role of medical assistants clarified.
• 43-34-45. Polysomnography; practice.
• 43-34-45.1. Redesignated.
• 43-34-46. Maintenance of certification programs.
• 43-34-47. Redesignated.

Article 3 Acupuncture.

• 43-34-60. Short title.
• 43-34-61. Purpose.
• 43-34-62. Definitions.
• 43-34-63. Power and responsibility of the board.
• 43-34-64. Licensure requirements.
• 43-34-65. Applicant notification procedures.
• 43-34-66. License surrender upon demand; display requirements; change of address.
• 43-34-67. License renewal requirements; inactive status.
• 43-34-68. Informed consent requirements.
• 43-34-69. Sanctions.
• 43-34-70. Advisory committee.
• 43-34-71. Unlicensed practice; exceptions; penalties.
• 43-34-72. Use of titles and professional designations.
• 43-34-73 and 43-34-74. Redesignated.

Article 4 Physician Assistants.

• 43-34-100. Short title.
• 43-34-101. Legislative purpose.
• 43-34-102. Definitions.
• 43-34-103. (For effective date, see note.) Application for licensure as a physician assistant; authorized delegated authority; prohibited acts.
• 43-34-104. Notice of application approval or disapproval; issuance of license.
• 43-34-105. Performance of tasks in accordance with job description.
• 43-34-106. (See Editor's notes.) Posting notice that assistants are being utilized.
• 43-34-107. Termination of approval and revocation of license; notice and hearing; sanctions.
• 43-34-108. Powers and duties of board.
• 43-34-109. Involvement of supervising physician in patient's care.
• 43-34-110. Abortions not to be performed by physician assistants.

Article 5 Use of Marijuana for Treatment of Cancer and Glaucoma.

• 43-34-120. Short title.
• 43-34-121. Legislative intent.
• 43-34-122. Definitions.
• 43-34-123. Controlled Substances Therapeutic Research Program.
• 43-34-124. Patient Qualification Review Board; members; officers; meetings; duties; exception to open meetings requirements.
• 43-34-125. Receipt of marijuana by board; distribution; responsibility for costs of obtaining and testing marijuana.
• 43-34-126. Immunity of program participants from state prosecution for possession or use of authorized marijuana.

Article 6 Respiratory Care.

• 43-34-140. (For effective date of repeal, see note.) Short title.
• 43-34-141. (For effective date of repeal, see note.) Legislative finding and declaration.
• 43-34-142. (For effective date of repeal, see note.) Definitions.
• 43-34-143. (For effective date of repeal, see note.) Powers and duties of board.
• 43-34-144. (For effective date of repeal, see note.) Requirements for certification; supervision.
• 43-34-145. (For effective date of repeal, see note.) Notice to applicant of acceptance or rejection.
• 43-34-146. (For effective date of repeal, see note.) Ownership of certificate; posting; change of address; renewal; inactive status; board authorize to determine renewal requirements.
• 43-34-147. (For effective date of repeal, see note.) Temporary permits.
• 43-34-148. (For effective date of repeal, see note.) Reciprocity.
• 43-34-149. (For effective date of repeal, see note.) Sanctions.
• 43-34-150. (For effective date of repeal, see note.) Respiratory care advisory committee.
• 43-34-151. (For effective date of repeal, see note.) Practice of respiratory care or representation as respiratory care professional without certification prohibited; exceptions; penalty; application of emergency care law.
• 43-34-152. (For effective date of repeal, see note.) "Georgia Administrative Procedure Act" applicable.

Article 7 Clinical Perfusionists.

• 43-34-170. Short title.
• 43-34-171. Definitions.
• 43-34-172. Powers and responsibilities of board.
• 43-34-173. Requirements for licensure.
• 43-34-174. License to be property of board; display of license; surrender of license; renewal; expired license.
• 43-34-175. Issuance of provisional licensed clinical perfusionist license; supervision of licensee; renewal; revocation.
• 43-34-176. Requirements for waiver of examination and educational requirements.
• 43-34-177. Engaging in practice of perfusion without license; titles; violation.
• 43-34-178. Nonapplicability of Code Section 43-34-177; violation.
• 43-34-179. Sanctions by board.
• 43-34-180. Advisory committee.

Article 8 Orthotics and Prosthetics Practice.

• 43-34-190. Short title.
• 43-34-191. Findings of General Assembly.
• 43-34-192. Definitions.
• 43-34-193. Construction of article.
• 43-34-194. Application for original license.
• 43-34-195. Qualifications for license.
• 43-34-196. Sanctions authorized.
• 43-34-197. Supervision of assistants and technicians.
• 43-34-198. Application for license for persons currently practicing orthotics or prosthetics.
• 43-34-199. Order from licensed physician or podiatrist required.
• 43-34-200. Expiration date and renewal period; continuing education; procedure for restoration.
• 43-34-201. Inactive status.
• 43-34-202. Reciprocal licensure requirements.
• 43-34-203. Advisory committee.
• 43-34-204. Redesignated.

Article 9 Cosmetic Laser Services.

• 43-34-240. Short title.
• 43-34-241. Legislative findings; purpose.
• 43-34-242. Definitions.
• 43-34-243. Permitted activities.
• 43-34-244. Two levels of license; application.
• 43-34-245. Expiration of licenses; license renewal.
• 43-34-246. Sanctions.
• 43-34-247. Petition to restrain or enjoin unlicensed cosmetic laser practitioner.
• 43-34-248. Agreement with consulting physician.
• 43-34-249. Informed consent.
• 43-34-249.1. Waiver.
• 43-34-250. Advisory committee.
• 43-34-251. Prohibited activities.
• 43-34-252. Noncompliance of facility owner; penalty.
• 43-34-253. Violation; penalty.

Article 10 Pain Management Clinic.

• 43-34-280. Short title.
• 43-34-281. Legislative intent.
• 43-34-282. Definitions.
• 43-34-283. Licensure requirements.
• 43-34-284. Denial, suspension, and revocation of licenses.
• 43-34-285. Notice to the board upon the occurrence of certain events.
• 43-34-286. Registration of clinics dispensing controlled substances.
• 43-34-287. Renewal of licenses.
• 43-34-288. Penalty for violation of article.
• 43-34-289. Annual notification regarding use of Schedule II or III controlled substances.
• 43-34-290. Confidentiality of records.

Article 11 Interstate Medical Licensure Compact.

• 43-34-300. Short title.
• 43-34-301. Enactment; text of compact.
• 43-34-302. Regulatory authority.
• 43-34-303. Voting representatives serving as commissioners on the Interstate Medical Licensure Compact Commission.
• 43-34-304. Requirements of physicians with expedited license.

Article 12 Genetic Counseling.

• 43-34-310. Short title.
• 43-34-311. Definitions.
• 43-34-312. Requirements for licensure; temporary licensing.
• 43-34-313. Renewal, term, and restoration of license.
• 43-34-314. License required for practice; misrepresentation of status.
• 43-34-315. Powers and responsibilities of board.
• 43-34-316. Exceptions.

Cross references.

- Penalty for physicians violating low THC oil provisions, § 16-12-224.

Certified emergency medical technicians, certified cardiac technicians, § 31-11-50 et seq.

Regulation of operation of clinical laboratories, T. 31, C. 22.

Regulation of practice of midwifery, T. 31, C. 26.

Physicians for rural areas assistance, T. 31, C. 34.

Essential rural health care provider access, T. 33, C. 20B.

Discrimination against licensed physicians by state agencies, public officials, in suggestions or recommendations for visual care, § 45-11-9.

Authorization of licensed physicians or pathologists to conduct post-mortem examinations or autopsies, § 45-16-22.

Editor's notes.

- By resolution (Ga. L. 1983, p. 590), the General Assembly directed the Composite State Board of Medical Examiners (now Georgia Composite Medical Board) to develop and adopt rules and regulations to curb the abuse of prescription amphetamine and amphetamine-like drugs for the treatment of obesity and other nonrelated acceptable medical treatments.

For application of this chapter in 2020, see Executive Order 05.12.20.02.

Administrative Rules and Regulations.

- Administration, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board for Physician Workforce, Chapter 195-1 et seq.

Law reviews.

- For article, "The Doctor and the Law in Georgia," see 13 Ga. B.J. 13 (1950). For article, "Controlling Conflicts of Interest in the Doctor-Patient Relationship: Lessons from Moore v. Regents of the University of California," see 42 Mercer L. Rev. 989 (1991). For article, "Tackling the Social Determinants of Health: A Central Role for Providers," see 33 Georgia St. U. L. Rev. 217 (2017). For article, "Reforming Regenerative Medicine Regulation," see 34 Ga. St. U. L. Rev. 631 (2018). For comment, "The Psychotherapist-Client Testimonial Privilege: Defining the Professional Involved," see 34 Emory L. J. 777 (1985). For comment, "Moore v. Regents of the University of California: Insufficient Protection of Patients' Rights in the Biotechnological Market," see 25 Ga. L. Rev. 489 (1991). For comment, "Public Health vs. Patient Rights: Reconciling Informed Consent with HPR Vaccination," see 58 Emory L. J. 761 (2009).

JUDICIAL DECISIONS

Physician's standard of care, not cure, determines right to recover for services.

- Physician has the professional duty to provide a reasonable degree of care and skill, and the physician's right to recover for services depends on whether the physician met this standard rather than whether a cure was effected. Yeates v. Boyd, 50 Ga. App. 331, 177 S.E. 921 (1935).

Cited in Glover v. Southern Bell Tel. & Tel. Co., 132 Ga. App. 74, 207 S.E.2d 584 (1974); Cobb County-Kennestone Hosp. Auth. v. Prince, 242 Ga. 139, 249 S.E.2d 581 (1978); McFarlin v. Taylor, 187 Ga. App. 54, 365 S.E.2d 330 (1988).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 39 Am. Jur. 2d, Health, §§ 1 et seq., 26 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

Denial of Hospital Staff Privileges, 1 POF2d 65.

Hospital's Failure to Supervise Private Physician Using Hospital Facilities, 6 POF2d 647.

Hospital Liability for Negligent Selection of Staff Physician, 14 POF3d 433.

Hospital Liability for Negligent Retention of Staff Physician, 15 POF3d 181.

Liability of Physician for Improper Referral of Patients to a Medical Care Facility in Which Physician Has a Financial Interest, 61 POF3d 245.

Physician's Countersuits, 35 Am. Jur. Trials 225.

Cosmetic Silicone Breast Implant Litigation, 55 Am. Jur. Trials 1.

Gynecological Malpractice Litigation, 64 Am. Jur. Trials 1.

Cardiological Malpractice Litigation, 68 Am. Jur. Trials 151.

Oncology Malpractice Litigation, 73 Am. Jur. Trials 119.

Diet Pill Litigation: The Fen-Phen Debacle, 73 Am. Jur. Trials 485.

Diagnostic Radiology Malpractice Litigation, 75 Am. Jur. Trials 55.

Cosmetic Liposuction Malpractice Litigation, 80 Am. Jur. Trials 1.

Hair Transplantation Malpractice Litigation, 90 Am. Jur. Trials 99.

Litigating Hip Replacement Malpractice and Product Liability Cases, 98 Am. Jur. Trials 1.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 39A C.J.S., Health and Environment, §§ 4 et seq., 41, 47, 61 et seq. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S, Public Administrative Law and Procedure, § 50et seq. 73 C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

ALR.

- Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834, 42 A.L.R. 1226, 118 A.L.R. 646.

Constitutionality of statute prescribing conditions of practicing medicine or surgery as affected by question of discrimination against particular school or method, 42 A.L.R. 1342, 54 A.L.R. 600.

Classes of persons within term "physician" in rule as to privileged communications, 68 A.L.R. 176.

Construction, as regards kind or character of treatment, of restrictive medical or surgical license, 86 A.L.R. 623.

Rights of patient or employer and physician, surgeon or dentist, respectively, in respect of X-ray negative or prints, 100 A.L.R. 551.

Ability to pay as factor in determining reasonableness of charge of physician or surgeon, 97 A.L.R.2d 1232.

Regulation of practice of acupuncture, 17 A.L.R.4th 964.

Standard of care owed to patient by medical specialist as determined by local, "like community," state, national, or other standards, 18 A.L.R.4th 603.

Use, in attorney or physician disciplinary proceeding, of evidence obtained by wrongful police action, 20 A.L.R.4th 546.

Medical malpractice: instrument breaking in course of surgery or treatment, 20 A.L.R.4th 1179.

Criticism or disparagement of physician's or dentist's character, competence, or conduct as defamation, 38 A.L.R.4th 836.

Defamation of psychiatrist, psychologist, or counselor, 38 A.L.R.4th 874.

Tort liability of medical society or professional association for failure to discipline or investigate negligent or otherwise incompetent medical practitioner, 72 A.L.R.4th 1148.

Liability of osteopath for medical malpractice, 73 A.L.R.4th 24.

"Dual capacity doctrine" as basis for employee's recovery for medical malpractice from company medical personnel, 73 A.L.R.4th 115.

Liability of chiropractors and other drugless practitioners for medical malpractice, 77 A.L.R.4th 273.

Physicians' and surgeons' liens, 39 A.L.R.5th 787.

ARTICLE 1 GEORGIA COMPOSITE MEDICAL BOARD

Cross references.

- Safe Medications Practice Act, T. 26, C. 4, A. 13.

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