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
Article 2 - Medical Practice
§ 43-34-21. Definitions

As used in this article, the term:

1. "Board" means the Georgia Composite Medical Board.
2. "Physician" means a person licensed to practice medicine under this article.

   (2.1) "Postgraduate training" means a program for the training of interns, residents, or postresidency fellows that is approved by the Accreditation Council for Graduate Medical Education (ACGME), American Osteopathic Association (AOA), or the board.

3. "To practice medicine," "the practice of medicine," or "practicing medicine" means to hold oneself out to the public as being engaged in the diagnosis or treatment of disease, defects, or injuries of human beings; or the suggestion, recommendation, or prescribing of any form of treatment for the intended palliation, relief, or cure of any physical, mental, or functional ailment or defect of any person with the intention of receiving therefor, either directly or indirectly, any fee, gift, or compensation whatsoever; or the maintenance of an office for the reception, examination, and treatment of persons suffering from disease, defect, or injury of body or mind; or attaching the title "M.D.," "Oph.," "D.," "Dop.," "Surgeon," "Doctor," "D.O.," "Doctor of Osteopathy," "Allopathic Physician," "Osteopathic Physician," or "Physician," either alone or in connection with other words, or any other words or abbreviations to one's name, indicating that such person is engaged in the treatment or diagnosis of disease, defects, or injuries to human beings, provided that the terms "doctors of medicine," "doctors of osteopathic medicine," "doctors of medicine licensed to practice in the state," and similar terms wherever used or appearing in this article or elsewhere shall mean and include only those persons licensed under this article.

(Ga. L. 1913, p. 101, § 15; Code 1933, § 84-901; Ga. L. 1970, p. 301, §§ 1, 2; Ga. L. 1972, p. 847, § 1; Ga. L. 1973, p. 877, § 1; Ga. L. 1974, p. 1156, § 1; Code 1981, §43-34-20; Ga. L. 1982, p. 3, § 43; Ga. L. 1983, p. 3, § 32; Ga. L. 1984, p. 22, § 43; Ga. L. 1999, p. 81, § 43; Ga. L. 2000, p. 558, § 2; Code 1981, §43-34-21, as redesignated by Ga. L. 2009, p. 859, § 1/HB 509.)

- Ga. L. 2009, p. 859, § 1/HB 509, effective July 1, 2009, redesignated former Code Section 43-34-21 as present Code Section 43-34-2.

- For note on the chiropractor as an expert witness, see 15 Mercer L. Rev. 431 (1964). For comment on Rogers v. Medical Ass'n, 244 Ga. 151, 259 S.E.2d 85 (1979), invalidating Georgia statute requiring Governor's appointments to Composite State Board of Medical Examiners (now Georgia Composite Medical Board) be made solely from nominees submitted by state medical society as an unconstitutional delegation of legislative authority to a private organization, see 29 Emory L. J. 1183 (1980).

JUDICIAL DECISIONS

Legitimate state interest in ensuring public's ability to make informed choice of physician.

- State is legitimately interested in assuring that the public have at least some of the information necessary to make an informed judgment in choosing a physician. Oliver v. Morton, 361 F. Supp. 1262 (N.D. Ga. 1973).

Definition of practice of medicine encompasses practice of surgery. McMurray v. Bateman, 221 Ga. 240, 144 S.E.2d 345 (1965).

Podiatrists do not hold full-practice licenses because the "practice of medicine" is not defined as limited to any area of the body. Shaw v. Hospital Auth., 507 F.2d 625 (5th Cir. 1975).

Mere failure to have license to practice does not authorize inference of negligence when one attempts to treat or operate on another and injures the patient. Andrews v. Lofton, 80 Ga. App. 723, 57 S.E.2d 338 (1950).

- Allegations that duties and inhibitions imposed upon the defendant by statutes as to necessity of having a license to practice medicine or surgery were due to the plaintiff and child personally, and as members of public seeking medical and surgical care, and that death of child was a natural and probable consequence of violation of such statutes by defendant were subject to demurrer (now motion to dismiss) for failure to show anything having a causal relation to death of child. Andrews v. Lofton, 80 Ga. App. 723, 57 S.E.2d 338 (1950).

- Allegation that the defendant falsely held self out as a physician and surgeon, and that the defendant did not possess qualifications necessary for possession of a license are pertinent by way of history or inducement to show why the plaintiff engaged services of the defendant and for that reason should not be stricken on demurrer (now motion to dismiss), though irrelevant on the question of the defendant's negligence. Andrews v. Lofton, 80 Ga. App. 723, 57 S.E.2d 338 (1950).

- When main defense is that even though the defendant sold medicine, the defendant never practiced that profession, it is competent for the state to prove, if the state can, that the defendant did practice that profession generally, that the defendant held self out to public as being engaged in diagnosis or treatment of diseases, or that the defendant suggested, recommended, or prescribed medical treatment, with intention of receiving fee therefor, or that the defendant considered self a doctor of medicine. Lyda v. State, 47 Ga. App. 45, 169 S.E. 751 (1933).

- Inasmuch as a narrow definition for "the practice of medicine" is not inconsistent with a broad definition of "medical malpractice," the Georgia statute of limitations for medical malpractice is applicable to an action brought against a pharmacist notwithstanding the fact that a pharmacist is not engaged in "the practice of medicine." Faser v. Sears, Roebuck & Co., 674 F.2d 856 (11th Cir. 1982).

- Fact that both osteopathic and allopathic physicians are licensed to practice medicine does not mean, as a matter of law, that the methods of diagnosis and treatment of the two schools of practice overlap in all areas. Even though osteopaths may now prescribe medicine, the two schools of medicine differ in many respects, both in diagnosis and treatment. Milligan v. Manno, 197 Ga. App. 171, 397 S.E.2d 713 (1990).

- When the defendant's job as a radiological physicist involved calibrating the cobalt machine which is used to deliver radiation to the patient, and performing quality control services on any machines used in this therapy, and the treating physician determines how much radiation the patient needs, and the defendant then calibrates the machine to deliver this amount, the defendant was not practicing medicine within the meaning of O.C.G.A. § 43-34-20(3) (see now O.C.G.A. § 43-34-21(3)) and therefore the affidavit requirements of O.C.G.A. § 9-11-9.1 do not apply to radiological physicists. Gillis v. Goodgame, 262 Ga. 117, 414 S.E.2d 197 (1992).

- In a medical malpractice action, the trial court did not err in granting summary judgment in favor of the nursing center because the decedent's husband as the administrator for the decedent's estate did not present evidence demonstrating the necessary causal link between the nursing center's alleged breaches of the standard of care and the death of the decedent as the reason why the decedent died from respiratory distress involved a medical diagnosis beyond the registered nurse's nursing expertise. Freeman v. LTC Healthcare of Statesboro, Inc., 329 Ga. App. 763, 766 S.E.2d 123 (2014).

Cited in Georgia State Bd. of Exmrs. in Optometry v. Friedmans' Jewelers, Inc., 183 Ga. 669, 189 S.E. 238 (1936); Georgia Ass'n of Osteopathic Physicians & Surgeons, Inc. v. Allen, 31 F. Supp. 206 (M.D. Ga. 1940); Reams v. Composite State Bd. of Medical Exmrs., 233 Ga. 742, 213 S.E.2d 640 (1975); Reams v. Composite State Bd. of Medical Exmrs., 237 Ga. 224, 227 S.E.2d 346 (1976); Blue Cross of Georgia/Atlanta, Inc. v. Grenwald, 148 Ga. App. 486, 251 S.E.2d 585 (1978); Sherrer v. Hale, 248 Ga. 793, 285 S.E.2d 714 (1982); Blue Cross & Blue Shield of Georgia/Atlanta, Inc. v. Dillon, 164 Ga. App. 724, 296 S.E.2d 210 (1982); Zechmann v. Thigpen, 210 Ga. App. 726, 437 S.E.2d 475 (1993); Everson v. Phoebe Sumter Med. Ctr., Inc., 341 Ga. App. 182, 798 S.E.2d 667 (2017).

Courts have broadly interpreted the law as including every branch of the healing arts. 1979 Op. Att'y Gen. No. 79-45.

- Definition of podiatry, given by former Code 1933, § 84-601, places activities of practitioners of that profession clearly within definitions of "medical practice" and "practice of medicine" as defined in former Code 1933, § 84-901 (see now O.C.G.A. § 43-34-21). 1971 Op. Att'y Gen. No. 71-133; 1971 Op. Att'y Gen. No. 71-199.

Definition of "podiatry" is sufficient to bring podiatrists within the definition of medical practitioners for insurance purposes. 1972 Op. Att'y Gen. No. U72-17.

- Although licensed only for a limited practice of medicine, podiatrists should be included within the term "licensed doctors of medicine" as that term was used in former Code 1933, § 56-1708 (see now O.C.G.A. § 33-19-13). 1971 Op. Att'y Gen. No. 71-133.

Persons engaging in the practice of naturopathy who were not licensed pursuant to Ga. L. 1950, p. 168 or who are not otherwise licensed as practitioners of the healing arts are "practicing medicine" without a license in violation of the Georgia Medical Practice Act, O.C.G.A. § 43-34-20 et seq. 1982 Op. Att'y Gen. No. 82-11.

- Osteopathic adjustments of the cranial bones (cranial osteopath) for the treatment of temporomandibular (craniomandibular) disorders is not within the scope of a dental license under Georgia law and the performance of such practice or procedure by dentists constitutes the unlicensed practice of medicine. 1989 Op. Att'y Gen. No. 89-49.

Performing thermographic studies of the cervical and lumbar spine and extremities is not within the scope of a dental license under Georgia law and the performance of such practice or procedure by dentists constitutes the unlicensed practice of medicine. 1989 Op. Att'y Gen. No. 89-49.

Taking and interpreting x-rays to evaluate cervical spine relationships, including flexion, extension and anterior-posterior views of the cervical spine is not within the scope of a dental license under Georgia law, and the performance of such practice or procedure by dentists constitutes the unlicensed practice of medicine. 1989 Op. Att'y Gen. No. 89-49.

Application to the neck, shoulders, and back of physical therapy modalities such as ultrasound, transcutaneous electrical nerve stimulation ("TENS"), or galvanic stimulation is not within the scope of a dental license under Georgia law, and the performance of such practice or procedure by dentists constitutes the unlicensed practice of medicine. 1989 Op. Att'y Gen. No. 89-49.

"Trigger-point" intramuscular injections of local anesthetic into any muscle other than the primary muscles of mastication ( i.e. , temporalis, masseter, and internal and external pterygoids) are not within the scope of a dental license under Georgia law, and the performance of such practice or procedure by dentists constitutes the unlicensed practice of medicine. 1989 Op. Att'y Gen. No. 89-49.

Awarding disability ratings on factors other than those directly relating to jaw function ( i.e. , mastication (chewing) and deglutition (swallowing)), or to injury to the nerves that directly innervate the mouth, teeth, gums, and jaws is not within the scope of a dental license under Georgia law, and the performance of such practice or procedure by dentists constitutes the unlicensed practice of medicine. 1989 Op. Att'y Gen. No. 89-49.

"Practice of medicine" broad enough to encompass administration of medications and provision of medical treatment. 1979 Op. Att'y Gen. No. 79-2.

Implantation of artificial hair into scalp using any form of surgical procedure constitutes practice of medicine in Georgia; as a result, the regulation of this practice is included in the authority of the Composite State Board of Medical Examiners (now Georgia Composite Medical Board). 1973 Op. Att'y Gen. No. 73-141.

Practice of acupuncture constitutes practice of medicine under laws of Georgia; in absence of specific regulatory action, there are no restrictions on such practice if conducted by licensed physicians. 1973 Op. Att'y Gen. No. 73-131; 1992 Op. Att'y Gen. No. U92-1.

Based on adequate administrative findings, board may conclude that practice of acupuncture constitutes "unprofessional conduct" justifying imposition of sanction with respect to physician's license to practice. 1973 Op. Att'y Gen. No. 73-131.

Practice of acupuncture constitutes practice of medicine in the State of Georgia. Any change in the status of acupuncture would have to come from the legislature in the form of a specific exemption. 1992 Op. Att'y Gen. No. U92-1.

Administration of drugs and intravenous fluids constitutes practice of medicine and is confined to those individuals licensed to so practice or those individuals specifically exempted by statute. 1979 Op. Att'y Gen. No. 79-45.

Administration of drugs and intravenous fluids by emergency medical technicians and personnel constitutes practice of medicine. 1979 Op. Att'y Gen. No. 79-45.

Licensed nurse is not prohibited from giving intravenous medicine to patients in hospital, and such acts, if done under proper orders, would not constitute practice of medicine. 1962 Op. Att'y Gen. p. 388.

Definition of "chiropractic" is not broad enough to bring chiropractic within definition of "practice of medicine." 1972 Op. Att'y Gen. No. U72-17.

- Introduction of foreign object into human body for purpose of withdrawing blood for test purposes is not, per se, included within definition of practice of medicine in this state. 1965-66 Op. Att'y Gen. No. 66-156.

Piercing earlobes was not the practice of medicine. 1975 Op. Att'y Gen. No. 75-60.

- An intern or resident practicing under supervision of licensed physician or physicians was not practicing medicine and, therefore, may legally perform such duties as may be assigned to interns and residents by duly licensed physicians. 1963-65 Op. Att'y Gen. p. 414.

Inherent limitation as to kind or amount of drugs which may be prescribed by practitioners of healing arts in absence of any clear and unambiguous statutory command to the contrary is to those drugs which are generally accepted as being necessary or incidental to proper practice of particular branch of healing art involved. 1968 Op. Att'y Gen. No. 68-62.

- Physician licensed in this state is unrestricted in the eye care and treatment afforded the physician's patients including the fabrication and use of contact lenses, medicine, drugs, and surgery. An optometrist may employ any means, except drugs, medicine, or surgery, in the treatment of the human eye, including contact lenses. A dispensing optician may prepare and dispense optical devices upon the prescription of a physician or optometrist, or may duplicate lenses without a prescription. 1980 Op. Att'y Gen. No. 80-19.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61 Am. Jur. 2d, Physicians and Surgeons and Other Healers, § 26 et seq.

- 70 C.J.S., Physicians, Surgeons, and Other Health-Care Providers, § 11 et seq.

- Who is physician, practitioner, etc., within the meaning of an application for an insurance policy, 56 A.L.R. 706.

Dentist as a physician or surgeon within statutes, 115 A.L.R. 261.

Electrical treatment as practice of medicine or surgery within statute, 115 A.L.R. 957.

Hypnotism as illegal practice of medicine, 85 A.L.R.2d 1128.

Validity and construction of contractual restrictions on right of medical practitioner to practice, incident to sale of practice, 62 A.L.R.3d 918.

Validity and construction of contractual restrictions on right of medical practitioner to practice, incident to partnership agreement, 62 A.L.R.3d 970.

Validity and construction of contractual restrictions on right of medical practitioner to practice, incident to employment agreement, 62 A.L.R.3d 1014.

Acupuncture as illegal practice of medicine, 72 A.L.R.3d 1257.

Liability for interference with physician-patient relationship, 87 A.L.R.4th 845.