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
§ 43-34-39. Injunctions; Violations of Article as Constituting Nuisance

In addition to any other remedy or criminal prosecution, whenever it shall appear to the board that any person, firm, company, partnership, association, or corporation or the agent, officer, or director of such firm, company, partnership, association, or corporation is or has been violating any of the provisions of this article or any of the laws of the state relating to the practice of medicine, the board may, on its own motion or on the verified complaint in writing of any person, file a complaint in its own name in the superior court having venue and jurisdiction over the parties, alleging the facts and praying for a temporary restraining order and an injunction and permanent injunction against such person, firm, company, partnership, association, or corporation, including any agent, officer, or director of same, restraining him or her from violating such law. Upon proof thereof, the court shall issue such restraining order, injunction, and permanent injunction without requiring allegation or proof that the petitioner therefor has no adequate remedy at law. No restraining order or injunction, whether temporary, permanent, or otherwise, shall be granted without a hearing after at least ten days' notice. It is declared that such violation of this article is a menace and a nuisance dangerous to the public health, safety, and welfare.

(Ga. L. 1957, p. 129, § 2; Ga. L. 1970, p. 301, § 14; Code 1981, §43-34-43; Code 1981, §43-34-39, as redesignated by Ga. L. 2009, p. 859, § 1/HB 509.)

- Former Code Section 43-34-39, concerning the duty of the executive director to transmit copy of revocation order to the clerk of superior court and the cancellation of the record of license, was based on Ga. L. 1913, p. 101, § 14; Ga. L. 1918, p. 173, § 8; Code 1933, § 84-922; Ga. L. 1999, p. 296, § 25, and was repealed by Ga. L. 2009, p. 859, § 1/ HB 509, effective July 1, 2009.

Cited in Reams v. Composite State Bd. of Medical Exmrs., 233 Ga. 742, 213 S.E.2d 640 (1975); Health Horizons, Inc. v. State Farm Mut. Auto. Ins. Co., 239 Ga. App. 440, 521 S.E.2d 383 (1999).

RESEARCH REFERENCES

ALR.

- Right to enjoin practice of profession or conduct of business without a license or permit, 92 A.L.R. 173.