2021 Georgia Code
Title 43 - Professions and Businesses
Chapter 34 - Physicians, Acupuncture, Physician Assistants, Cancer and Glaucoma Treatment, Respiratory Care, Clinical Perfusionists, and Orthotics and Prosthetics Practice


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 amphet- amine-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 Health Care 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 Psychother- apist-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, §§ 267, 285 et seq., 333, 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 et seq., 1444 et seq. 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, § 7 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S, Public Administrative Law and Procedure, § 50 et 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.

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