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
§ 43-34-41. Special Licenses for Volunteers

1. This Code section shall be known and may be cited as the "Georgia Volunteers in Medicine Health Care Act."
2. Notwithstanding any other provision of law, the board shall issue a special license to qualifying physicians under the terms and conditions set forth in this Code section. The special license shall only be issued to a person who:
   1. Is currently licensed to practice medicine in any medical-licensing jurisdiction in the United States and whose license is unrestricted and in good standing; or
   2. Is retired from the practice of medicine and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full licensure in good standing in any medical-licensing jurisdiction in the United States.

      As used in this subsection, the term "unrestricted" means that no restrictions have been placed on a physician's license by the board, no sanctions or disciplinary actions have been imposed by the board on a physician, and a physician is not under probation or suspension by the board.

3. The special licensee shall be permitted to practice medicine only in the noncompensated employ of persons that provide medical services only to indigent patients in medically underserved or critical need population areas of the state, as determined by the board, or pursuant to Article 8 of Chapter 8 of Title 31.
4. The person applying for the special license under this Code section shall submit to the board a copy of his or her medical degree, a copy of his or her license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, association, or health care program, on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any medical services he or she may render while in possession of the special license.
5. The examination by the board, any application fees, and all licensure and renewal fees shall be waived for the holder of the special license under this Code section and do not apply to such person.
6. If at the time application is made for the special license the physician is not in compliance with the continuing medical education requirements established by the board, such person must document such compliance before a special license is issued.
7. 1. Except as provided for in paragraph (2) of this subsection, the liability of persons practicing medicine under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1.
   2. The liability of persons practicing medicine pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section and the liability of their employers shall be governed by the provisions of such article.
8. Nothing contained in this Code section shall be construed to authorize the holder of the special license provided for in this Code section to perform surgery or any surgical procedure.
9. This Code section, being in derogation of the common law, shall be strictly construed.

(Code 1981, §43-34-45.1, enacted by Ga. L. 1999, p. 266, § 1.1; Ga. L. 2002, p. 639, § 1; Ga. L. 2005, p. 1463, § 4/HB 166; Ga. L. 2008, p. 354, § 5/HB 1222; Code 1981, §43-34-41, as redesignated by Ga. L. 2009, p. 859, § 1/HB 509.)

- "Health Share" volunteers in medicine, T. 31, C. 8, A. 8.

- Pursuant to Code Section 28-9-5, in 1999, "critical need" was substituted for "critical-need" in subsection (c).

- Ga. L. 1999, p. 266, § 2.1 provides for the automatic repeal of this Code section effective July 1, 2002, upon which date any special license issued pursuant to this Code section shall also expire.

Ga. L. 2002, p. 639, § 1(b)(3), not codified by the General Assembly, provides: "Section 2.1 of an Act amending Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, approved April 13, 1999 (Ga. L. 1999, p. 266), which would have provided for a future repeal or 'sunset' of Code Section 43-34-45.1 of the Official Code of Georgia Annotated, the 'Georgia Volunteers in Medicine Health Care Act,' is hereby repealed."

Ga. L. 2002, p. 639, § 1(c)(3), not codified by the General Assembly, provides: "The provisions of Code Section 43-34-45.1 of the Official Code of Georgia Annotated, the 'Georgia Volunteers in Medicine Health Care Act,' which were in effect and applicable on January 1, 2002, shall remain in effect and applicable until and unless changed by future Act of the General Assembly."

Former Code Section 43-34-41, concerning preliminary educational requirements for medical or osteopathic school or college, was based on Ga. L. 1913, p. 101, § 9; Ga. L. 1918, p. 173, § 5; Code 1933, § 84-911; Ga. L. 1970, p. 301, § 10, and was repealed by Ga. L. 2009, p. 859, § 1/HB 509, effective July 1, 2009.