O.C.G.A.
O.C.G.A.

O.C.G.A. § 14-7-2 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

As used in this chapter, the definitions contained in Chapter 2 of this title apply, and the term: (1) ‘‘Licensed’’ includes registered, certified, admitted to practice, or otherwise legally authorized under the laws of this state by the appropriate regulating board. (2) ‘‘Profession’’ means the profession of certified public accountancy, architecture, chiropractic, dentistry, professional engineering, land surveying, law, pharmacy, psychology, medicine and surgery, optometry, osteopathy, podiatry, veterinary medicine, registered professional nursing, or harbor piloting. (3) ‘‘Professional corporation’’ means a corporation, whether domestic or foreign, organized under Chapter 2 of this title which has elected to become subject to this chapter. (4) ‘‘Regulating board’’ means any board, commission, court, or governmental authority which, under the laws of this state, is charged with the licensing, registration, certification, admission to practice, or other legal authorization of the practitioners of any profession.

History

(Ga. L. 1970, p. 243, § 2; Ga. L. 1981, p. 976, § 1; Ga. L. 1986, p. 1454, § 10; Ga. L. 1987, p. 3, § 14; Ga. L. 1996, p. 352, § 1.)

Annotations

Cross references. - Professional corporations practicing certified public accounting and public accountancy, § 43-3-21 et seq. Practice of architecture by firms, partnerships, and corporations, § 43-4-10. Professional corporations engaged in practice of professional engineering or land surveying, § 43-15-23. Licens-

ing of corporations engaging in business as an electrical contractor, master plumber or conditioned air contractor, § 43-14-8. Corporations engaged in practice of professional geology, § 43-19-25. Corporations engaged in business of selling hearing aid devices or instruments at retail, § 43-20-19. Refusal of license to

CORPORATIONS & PARTNERSHIPS

practice medicine for engaging in practice as officer or employee of corporation other than one organized pursuant to this chap-

ter, § 43-34-9. Granting of real estate broker’s licenses to corporations or partnerships, § 43-40-10.

COMMENT Note to 1986 Amendment Paragraph (3) was amended in 1986 to add the phrase ‘‘whether domestic or foreign,’’ effectively reversing a 1970 Attorney General’s opinion. (Op. Att’y Gen. No. 70-64). That opinion provided that a foreign professional corporation was not entitled to a certificate of authority to transact business in Georgia because the definition of ‘‘professional corporation’’ did not expressly refer to foreign professional corporations. Under the first sentence of § 14-7-3, however, licensure by the proper Georgia authority remains a prerequisite to a valid election to practice as a professional corporation in this State, whether as a Georgia professional corporation or as a foreign professional corporation qualified to do business in Georgia. JUDICIAL DECISIONS ‘‘Professional’’ defined for malpractice act. - The legislature intended for the term ‘‘professional’’ as used in O.C.G.A. § 9-11-9.1 to be defined by §§ 14-7-2(2), 14-10-2(2), and 43-1-24. Gillis v. Goodgame, 262 Ga. 117, 414 S.E.2d 197 (1992). O.C.G.A. 9-11-9.1 applies only to those licensed professions regulated by state examining boards when licensure is predicated upon successful completion of the specialized schooling or training necessary to obtain the expertise to practice that profession. Harrell v. Lusk, 263 Ga. 895, 439 S.E.2d 896 (1994).

Lab technician not recognized as professional. - Affidavit requirement of O.C.G.A. § 9-11-9.1 did not apply to any acts committed by a lab technician because the technician was not recognized as a ‘‘professional’’ under Georgia law, O.C.G.A. § 14-7-2. Pattman v. Mann, 307 Ga. App. 413, 701 S.E.2d 232 (2010). Cited in Carolina Cas. Ins. Co. v. R.L. Brown & Assocs., No. 1:04-cv-3537-GET, 2006 U.S. Dist. LEXIS 71056 (N.D. Ga. Sept. 29, 2006).

OPINIONS OF THE ATTORNEY GENERAL The clear intent of the Georgia Professional Corporation Act (see now O.C.G.A. § 14-7-1) is to limit the right to incorporate under the Act to those professions enumerated in the definition of ‘‘profession.’’ 1977 Op. Att’y Gen. No. 77-14. Nurse anesthetist may incorporate when licensed to practice. - Nurse anesthetist may not incorporate under the Georgia Professional Corporation Act (see now O.C.G.A. Ch. 7, T. 14) unless also licensed to practice medicine or one of

other professions enumerated in that Act. 1977 Op. Att’y Gen. No. 77-14. Real estate salesmen not allowed to practice in corporate form. - Former Code 1933, § 84-1410 (see now O.C.G.A. § 43-40-7) contemplated that real estate brokers may practice in the corporate form, but this power was not extended to salesmen by Ga. L. 1970, p. 243 (see now O.C.G.A. § 14-7-2). 1971 Op. Att’y Gen. No. U71-39.

RESEARCH REFERENCES ALR. - What constitutes professional services within meaning of statute preserving individual liability of professional

employees of professional corporation, association, or partnership, 31 ALR4th 898.

Notes of Decisions
Cited in 27 cases (1 in the last 5 years), 1989–2025 · leading case: Harrell v. Lusk, 439 S.E.2d 896 (Ga. 1994).
Sort: Relevance Newest Treatment
Harrell v. Lusk, 439 S.E.2d 896 (Ga. 1994). · cites it 43× “1, looked not only to OCGA § 14-7-2 (2) (which defines "profession" by setting forth 16 specific professions), but also OCGA § 14-10-2 (2) (defining "professional service") and OCGA § 43-1-24 (providing that licensed professionals are subject to regulation by state examining…”
Upson Cnty. Hosp., Inc. v. Head, 540 S.E.2d 626 (Ga. Ct. App. 2000). · cites it 14× “To the extent that the hospital *389 agents or employees are not “professionals,” as defined in OCGA §§ 14-7-2 (2), 14-10-2 (2), arid 43-1-24, the affidavit requirements of OCGA § 9-11-9.”
Lutz v. Foran, 427 S.E.2d 248 (Ga. 1993). · cites it 12× “" Subsequently, we held that affidavits are required only in lawsuits filed against a professional in one of the occupations enumerated in OCGA § 14-7-2 (2) or subject to licensing and regulation under OCGA §§ 14-10-2 (2) and 43-1-24.”
Gillis v. Goodgame, 404 S.E.2d 815 (Ga. Ct. App. 1991). · cites it 12× “In reviewing the Housing Authority case, the Supreme Court agreed with the Court of Appeals, finding that the practice of architecture is recognized as a profession under Georgia statutory law (OCGA § 43-4-1 et seq; OCGA § 14-7-2 (2)), and that caselaw holds that "persons…”
Dozier v. Clayton Cnty. Hosp. Auth., 424 S.E.2d 632 (Ga. Ct. App. 1992). · cites it 8× “1 to be defined by OCGA §§ 14-7-2 (2); 14-10-2 (2), and 43-1-24.”
Fender v. Adams Exterminators, Inc., 460 S.E.2d 528 (Ga. Ct. App. 1995). · cites it 20× “1 apply only to those professions recognized under Georgia law in OCGA §§ 14-7-2 (2); 14-10-2 (2), and 43-1-24.”
Gillis v. Goodgame, 414 S.E.2d 197 (Ga. 1992). · cites it 6× “1 applicable to actions against occupations which are not enumerated in OCGA § 14-7-2 (2), or occupations which are not subject to the respective licensing and regulation requirements of OCGA §§ 14-10-2 (2) and 43-1-24.”
Legum v. Crouch, 430 S.E.2d 360 (Ga. Ct. App. 1993). · cites it 8× “1 to be defined by OCGA §§ 14-7-2 (2); 14-10-2 (2), and 43-1-24.”
Allen v. Lefkoff, Duncan, Grimes & Dermer, P.C., 453 S.E.2d 719 (Ga. 1995). · cites it 4× “…surgery, optometry, osteopathy, podiatry, veterinary medicine, registered professional nursing, or harbor piloting. OCGA § 14-7-2 (2).”
HCA Health Servs. of Georgia, Inc. v. Hampshire, 424 S.E.2d 293 (Ga. Ct. App. 1992). · cites it 4× “(b) As to appellees' allegation against appellant Northlake that the hospital was liable for the alleged malpractice of the individual physician-defendants, the pleadings established that the osteopath appellants are professionals within the meaning of OCGA § 9-11-9.1. Gillis,…”
Robinson v. Med. Ctr. of Cent. Georgia, 456 S.E.2d 254 (Ga. Ct. App. 1995). · cites it 4× “However, such an affidavit is required in an action against a hospital where, as here, liability is predicated on the doctrine of respondeat superior and "the averment of acts or omissions requiring the exercise of professional skill and judgment by agents or employees who…”
Seely v. Loyd H. Johnson Const. Co., Inc., 470 S.E.2d 283 (Ga. Ct. App. 1996). · cites it 4× “1 “apply only to those professions recognized under Georgia law in OCGA §§ 14-7-2 (2); 14-10-2 (2), and 43-1-24.”
Show all 27 citing cases →
— 14-7-2(2) — 4 cases
Fender v. Adams Exterminators, Inc., 460 S.E.2d 528 (Ga. Ct. App. 1995). “1 apply only to those professions recognized under Georgia law in OCGA §§ 14-7-2 (2); 14-10-2 (2), and 43-1-24.”
Seely v. Loyd H. Johnson Const. Co., Inc., 470 S.E.2d 283 (Ga. Ct. App. 1996). “1 “apply only to those professions recognized under Georgia law in OCGA §§ 14-7-2 (2); 14-10-2 (2), and 43-1-24.”
Martha A. Brown v. Evans J. Nichols, M.D., Kennestone Hosp., John Doe, 8 F.3d 770 (11th Cir. 1993).
Nell Cady (Bankr. S.D. Ga. 2025).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.