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2018 Georgia Code 43-1-24 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-1-24 Case Law from Google Scholar Amendments to OCGA 43-1-24

TITLE 43 PROFESSIONS AND BUSINESSES

Section 1. General Provisions, 43-1-1 through 43-1-33.

43-1-24. Licensed professionals subject to regulation by professional licensing board.

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.

(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.)

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), and43-1-24. Gillis v. Goodgame, 262 Ga. 117, 414 S.E.2d 197 (1992).

Affidavit requirements of O.C.G.A. § 9-11-9.1 apply only to those professions recognized under Georgia law in O.C.G.A. §§ 14-7-2(2),14-10-2(2), and43-1-24. Gillis v. Goodgame, 262 Ga. 117, 414 S.E.2d 197 (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), and43-1-24. Dozier v. Clayton County Hosp. Auth., 206 Ga. App. 62, 424 S.E.2d 632 (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).

Cited in Carolina Cas. Ins. Co. v. R.L. Brown & Assocs., F. Supp. 2d (N.D. Ga. Sept. 29, 2006).

Cases Citing O.C.G.A. § 43-1-24

Total Results: 6  |  Sort by: Relevance  |  Newest First

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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

...*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

...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....
......'" 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

...r 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....
...[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

...nguage 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

...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). OCGA § 14-10-2 (2) provides that a professional service is that "which may be legally performed only pursuant to a license from a state examining board pursuant to Title 43." (Emphasis supplied.) OCGA § 43-1-24 speaks in terms of "[a]ny person licensed by a state examining board" (emphasis supplied) and cross-references Title 14, Chapters 7 and 10, as containing the Code sections setting forth the professions and professional services subject to regulation. It is apparent from the interplay between OCGA § 14-10-2 (2) and OCGA § 43-1-24 that the Gillis Court sought to limit the application of the affidavit requirement in OCGA § 9-11-9.1 to those professions which can legally be performed only when a state examining board has determined that the applicant has successfully...
...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....
...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....
...n 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....
...tions 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....
...efending 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 themselves against the otherwise unsupported claims of their negligent professional conduct....
...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....
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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

...suant to a license from a state examining board pursuant to Title 43, for example, the personal services rendered by certified public accountants, chiropractors, dentists, osteopaths, physicians and surgeons, and podiatrists (chiropodists). (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...