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

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 Georgia Code 43-1-24 From Courtlistener.com

Total Results: 6

Minnix v. Department of Transportation

Court: Supreme Court of Georgia | Date Filed: 2000-07-05

Citation: 533 S.E.2d 75, 272 Ga. 566, 2000 Fulton County D. Rep. 2497, 2000 Ga. LEXIS 535

Snippet: defined by OCGA §§ 14-7-2(2); 14-10-2(2); and 43-1-24. While the intent in Gillis was to create a bright

Harrell v. Lusk

Court: Supreme Court of Georgia | Date Filed: 1994-02-07

Citation: 439 S.E.2d 896, 263 Ga. 895, 94 Fulton County D. Rep. 484, 1994 Ga. LEXIS 73

Snippet: (2) (defining "professional service") and OCGA § 43-1-24 (providing that licensed professionals are subject

Lutz v. Foran

Court: Supreme Court of Georgia | Date Filed: 1993-03-08

Citation: 427 S.E.2d 248, 262 Ga. 819

Snippet: Georgia law in OCGA §§ 14-7-2 (2); 14-10-2 (2); 43-1-24); Cheeley v. Henderson, 261 Ga. 498 (405 SE2d 865)

Lamb v. Candler General Hospital, Inc.

Court: Supreme Court of Georgia | Date Filed: 1992-02-27

Citation: 413 S.E.2d 720, 262 Ga. 70, 49 Fulton County D. Rep. 23, 1992 Ga. LEXIS 199

Snippet: Georgia law in OCGA §§ 14-7-2 (2); 14-10-2 (2) and 43-1-24." Id. at p. 118. Insofar as Lamb's complaint alleges

Gillis v. Goodgame

Court: Supreme Court of Georgia | Date Filed: 1992-02-27

Citation: 414 S.E.2d 197, 262 Ga. 117, 49 Fulton County D. Rep. 23, 1992 Ga. LEXIS 181

Snippet: regulation requirements of OCGA §§ 14-10-2 (2) and 43-1-24. We note that the term "professional" is no where

Creel v. Cotton States Mutual Insurance

Court: Supreme Court of Georgia | Date Filed: 1990-11-02

Citation: 397 S.E.2d 294, 260 Ga. 499, 1990 Ga. LEXIS 393

Snippet: surgeons, and podiatrists (chiropodists). (c) OCGA § 43-1-24 provides: Any person licensed by a state examining