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2018 Georgia Code 14-7-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 14-7-2 Case Law from Google Scholar Amendments to OCGA 14-7-2

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Section 7. Professional Corporations, 14-7-1 through 14-7-7.

ARTICLE 3 CORPORATIONS ORGANIZED FOR RELIGIOUS, FRATERNAL, OR EDUCATIONAL PURPOSES

14-7-2. Definitions.

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.

(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.)

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.

Licensing 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 practice medicine for engaging in practice as officer or employee of corporation other than one organized pursuant to this chapter, § 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), and43-1-24. 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., F. Supp. 2d (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 A.L.R.4th 898.

Cases Citing O.C.G.A. § 14-7-2

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Allen v. Lefkoff, Duncan, Grimes & Dermer, P.C., 265 Ga. 374 (Ga. 1995).

Cited 60 times | Published | Supreme Court of Georgia | Feb 27, 1995 | 453 S.E.2d 719, 95 Fulton County D. Rep. 743, 50 A.L.R. 5th 839

...[8] means the profession of certified public accountancy, architecture, chiropractic, dentistry, professional engineering, land surveying, law, psychology, medicine and surgery, optometry, osteopathy, podiatry, veterinary medicine, registered professional nursing, or harbor piloting. OCGA § 14-7-2 (2).
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Hous. Auth. of Savannah v. Greene, 383 S.E.2d 867 (Ga. 1989).

Cited 56 times | Published | Supreme Court of Georgia | Sep 28, 1989 | 259 Ga. 435

...The trial court granted the motion to dismiss. After granting the housing authority's application for interlocutory appeal, the Court of Appeals affirmed. *436 1. The practice of architecture is recognized as a profession under Georgia statutory law. See OCGA § 43-4-1 et seq.; OCGA § 14-7-2 (2)....
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Lamb v. Candler Gen. Hosp., Inc., 413 S.E.2d 720 (Ga. 1992).

Cited 47 times | Published | Supreme Court of Georgia | Feb 27, 1992 | 262 Ga. 70, 49 Fulton County D. Rep. 23

...sary. Jones v. *72 Bates, supra, 261 Ga. at 242. 2. Furthermore, in Gillis v. Goodgame, 262 Ga. 117 (414 SE2d 197) (1992), we held "that the affidavit requirements of § 9-11-9.1 apply only to those professions recognized under Georgia law in OCGA §§ 14-7-2 (2); 14-10-2 (2) and 43-1-24." Id....
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Gillis v. Goodgame, 414 S.E.2d 197 (Ga. 1992).

Cited 47 times | Published | Supreme Court of Georgia | Feb 27, 1992 | 262 Ga. 117, 49 Fulton County D. Rep. 23

...887 et seq.), its affidavit requirements have been held applicable to non-medical actions. See cases cited in Kneip v. Southern Engineering, 260 Ga. 409 (395 SE2d 809) (1990). However, this court has never held OCGA § 9-11-9.1 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....
...with reference to it. ...'" Housing Auth. of Savannah, supra at 438; Poteat v. Butler, 231 Ga. 187, 188 (200 SE2d 741) (1973), we conclude that the legislature intended for the term "professional" as used in OCGA § 9-11-9.1 to be defined by OCGA §§ 14-7-2 (2); 14-10-2 (2), and 43-1-24. We hold, therefore, that the affidavit requirements of § 9-11-9.1 apply only to those professions recognized under Georgia law in OCGA §§ 14-7-2 (2); 14-10-2 (2), and 43-1-24....
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Lutz v. Foran, 427 S.E.2d 248 (Ga. 1993).

Cited 46 times | Published | Supreme Court of Georgia | Mar 8, 1993 | 262 Ga. 819

...435, 437 (383 SE2d 867) (1989), that it "applies to `any action for damages alleging professional malpractice' on the part of an architect or other professional." 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, 262 Ga. 117 (414 SE2d 197) (1992). A harbor pilot is a member *820 of a profession listed in § 14-7-2....
...[5] *825 But the reality is that, time and again, over the last five years, we, and the Court of Appeals, have applied the Act to all aspects of professional negligence. See Gillis v. Goodgame, 262 Ga. 117 (414 SE2d 197) (1992) (all professions recognized under Georgia law in OCGA §§ 14-7-2 (2); 14-10-2 (2); 43-1-24); Cheeley v....
...[and] is not restricted to medical-malpractice actions." (Emphasis supplied.) Id. at 438. In Gillis v. Goodgame, 262 Ga. 117 (414 SE2d 197) (1992), we subsequently held that the reach of § 9-11-9.1 was limited to the definition of "professional" contained in the OCGA, currently §§ 14-7-2 (2); 14-10-2 (2); and 43-1-24....
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Minnix v. Dep't of Transp., 533 S.E.2d 75 (Ga. 2000).

Cited 16 times | Published | Supreme Court of Georgia | Jul 5, 2000 | 272 Ga. 566, 2000 Fulton County D. Rep. 2497

...courts construed its broad language to apply to a variety of professionals other than physicians. [9] In Gillis v. Goodgame, [10] this Court held that the affidavit requirement of Rule 9.1 would apply to the term "professional" as defined by OCGA §§ 14-7-2(2); 14-10-2(2); and 43-1-24....
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Harrell v. Lusk, 439 S.E.2d 896 (Ga. 1994).

Cited 16 times | Published | Supreme Court of Georgia | Feb 7, 1994 | 263 Ga. 895, 94 Fulton County D. Rep. 484

...On interlocutory appeal, the Court of Appeals affirmed. Harrell v. Lusk, 208 Ga. App. 358 *896 (430 SE2d 653) (1993). In Gillis, supra, this Court, in determining the professions that come within the ambit of OCGA § 9-11-9.1, 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 boards)....
...435 (383 SE2d 867) (1989); Kneip v. Southern Engineering Co., 260 Ga. 409 (395 SE2d 809) (1990); Gillis v. Goodgame, supra. In Gillis, supra at 118, it was held that the legislature intended for the term "professional" as used in OCGA § 9-11-9.1 [(a)] to be defined by OCGA §§ 14-7-2 (2); 14-10-2 (2); and 43-1-24. We hold, therefore, that the affidavit requirements of [OCGA] § 9-11-9.1 [(a)] apply only to those professions recognized under Georgia law in OCGA §§ 14-7-2 (2); 14-10-2 (2); and 43-1-24....
...t of the common law evidentiary requirement. The applicability of the common law evidentiary requirement is certainly not limited to malpractice actions against only those defendants who are engaged in the "professions" that are enumerated in OCGA §§ 14-7-2 (2); 14-10-2 (2) and 43-1-24....
...fessional malpractice," wherein appellee would ordinarily be required to produce expert testimony to establish the standard of care from which she alleges that appellant deviated. However, pharmacy is not a "profession" which is enumerated in OCGA §§ 14-7-2 (2); 14-10-2 (2) or 43-1-24....
..."professional malpractice" actions long antedates enactment of OCGA § 9-11-9.1 (a). In my opinion, it is "with full knowledge" of that specific antecedent common law legal principle, and not "with reference" to the non-germane provisions of OCGA §§ 14-7-2 (2); 14-10-2 (2) or 43-1-24, that the General Assembly established the statutory pleading requirement of OCGA § 9-11-9.1 (a)....
...Thus, the legislative intent of OCGA § 9-11-9.1 (a), as I perceive it, was not to limit the applicability of the initial pleading requirement to only malpractice actions brought against those defendants who are engaged in the "professions" enumerated in OCGA §§ 14-7-2 (2); 14-10-2 (2) and 43-1-24....
...ditional time and expense in defending himself against the claims of his negligent professional conduct. I simply cannot agree that the General Assembly intended that those defendants who engage in "professions" other than those enumerated in OCGA §§ 14-7-2 (2); 14-10-2 (2) or 43-1-24 are to be denied the benefit of OCGA § 9-11-9.1 and, despite the lack of any expert's affidavit to support the plaintiff's complaint, are nevertheless to be put to additional time and expense in defending themse...
...(Emphasis in original.) Jordan, Jones & Goulding v. Wilson, 197 Ga. App. 354, 355 (1) (398 SE2d 385) (1990). The trial court and the Court of Appeals were bound by this Court's holding in Gillis that OCGA § 9-11-9.1 (a) applied only to suits against those professionals enumerated in OCGA §§ 14-7-2 (2); 14-10-2 (2) and 43-1-24....
...[3] Although there are other licensed businesses not included in Title 43, e.g., water well contractors, OCGA § 12-5-127 (who are required to act under the direction of a professional geologist or professional engineer, OCGA § 12-5-125, both of which are licensed professions under OCGA § 14-7-2 (2)) and professional foresters, OCGA § 12-6-52 (the refusal to grant or revocation of whose licenses are subject to Title 43, OCGA § 12-6-57), such businesses are not denominated professions in the same manner in which the legislature has denominated pharmacy a professions....
...ecause, although the legislature has recognized that teaching is a profession, OCGA § 20-2-791, teachers are certified, not licensed, OCGA § 20-2-200, and, unlike certified public accountants, are not expressly listed among the professions in OCGA § 14-7-2 (2)....
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Creel v. Cotton States Mut. Ins., 397 S.E.2d 294 (Ga. 1990).

Cited 14 times | Published | Supreme Court of Georgia | Nov 2, 1990 | 260 Ga. 499

...We granted certiorari to answer the following inquiry: "What is a professional as contemplated by OCGA § 9-11-9.1?" I suggest that the term "professional" should be limited for purposes of the requirements of OCGA § 9-11-9.1, as follows: 1. (a) OCGA § 14-7-2 provides: (2) "Profession" means the profession of certified public accountancy, architecture, chiropractic, dentistry, professional *501 engineering, land surveying, law, psychology, medicine and surgery, optometry, osteopathy, podiatry, veterinary medicine, registered professional nursing, or harbor piloting....