O.C.G.A.

O.C.G.A. § 43-1-24 (2019)

Licensed professionals subject to regulation by professional licensing board

✓ 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.

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Any person licensed by a professional licensing board and who practices a “profession,” as defined in Chapter 7 of Title 14, the “Georgia Professional Corporation Act,” or who renders “professional services,” as defined in Chapter 10 of Title 14, “The Georgia Professional Association Act,” whether such person is practicing or rendering services as a proprietorship, partnership, professional corporation, professional association, other corporation, limited liability company, or any other business entity, shall remain subject to regulation by that professional licensing board, and such practice or rendering of services in that business entity shall not change the law or existing standards applicable to the relationship between that person rendering a professional service and the person receiving such service, including but not limited to the rules of privileged communication and the contract, tort, and other legal liabilities and professional relationships between such persons.

History

Code 1981, § 43-1-24, enacted by Ga. L. 1984, p. 552, § 1; Ga. L. 1993, p. 123, § 5;

Ga. L. 1999, p. 81, § 43; Ga. L. 2000, p. 1706, § 19.

Annotations

JUDICIAL DECISIONS “Professional” defined for malpractice act. - Legislature intended for the term “professional” as used in O.C.G.A. § 9-11-9.1 to be defined by O.C.G.A. §§ 14-7-2(2), 14-10-2(2), and 43-1-24. Gillis v. Goodgame, 262 Ga. 117, 414 S.E.2d 197, 1992 Ga. LEXIS 181 (1992). Affidavit requirements of O.C.G.A. § 911-9.1 apply only to those professions recognized under Georgia law in O.C.G.A. §§ 14-7-2(2), 14-10-2(2), and 43-1-24. Gillis v. Goodgame, 262 Ga. 117, 414 S.E.2d 197, 1992 Ga. LEXIS 181 (1992). Affidavit requirement applies against a hospital not only when liability is based upon the doctrine of respondeat superior

but when it is further grounded upon the averment of acts or omissions requiring the exercise of professional skill and judgment by agents or employees who themselves are recognized as “professionals” under O.C.G.A. §§ 14-7-2(2), 14-10-2(2), and 43-1-24. Dozier v. Clayton County Hosp. Auth., 206 Ga. App. 62, 424 S.E.2d 632, 1992 Ga. App. LEXIS 1440 (1992), cert. denied, No. S93C0266, 1993 Ga. LEXIS 3 (Ga. Jan. 7, 1993). 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 nec-

essary to obtain the expertise to practice that profession. Harrell v. Lusk, 263 Ga.

895, 439 S.E.2d 896, 1994 Ga. LEXIS 73 (1994).

Notes of Decisions

Cited in 5 cases, 1990–2017 · leading case: Harrell v. Lusk, 439 S.E.2d 896 (Ga. 1994).

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Harrell v. Lusk, 439 S.E.2d 896 (Ga. 1994). · cites it 12× “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…”

Fender v. Adams Exterminators, Inc., 460 S.E.2d 528 (Ga. Ct. App. 1995). · cites it 8× “" By its terms, OCGA § 43-1-24 refers only to those persons "licensed by a state examining board and who [practice] a `profession,' as defined in Chapter 7 of Title 14, the `Georgia Professional Corporation Act,' or who renders `professional services,' as defined in Chapter 10…”

Creel v. Cotton States Mut. Ins., 397 S.E.2d 294 (Ga. 1990). · cites it 4× “(c) OCGA § 43-1-24 provides: Any person licensed by a state examining board and who practices a "profession," as defined in Chapter 7 of Title 14, the "Georgia Professional Corporation Act," or who renders "professional services," as defined in Chapter 10 of Title 14, "The…”

Austin v. The State., 807 S.E.2d 1 (Ga. Ct. App. 2017). “See generally §§ 43-1-24, 14-7-2. 5 Notably, the lower court was not required to issue written factual findings.”

Harrell v. Lusk, 430 S.E.2d 653 (Ga. Ct. App. 1993). · cites it 2× “) OCGA § 43-1-24 provides: “Any person licensed by a state examining board and who practices a ‘profession,’ as defined in Chapter 7 of Title 14, the ‘Georgia Professional Corporation Act,’ or who renders ‘professional services,’ as defined in Chapter 10 of Title 14, ‘The…”

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