O.C.G.A.

O.C.G.A. § 43-11-1 (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.
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As used in this chapter, the term:

(1) “Accredited dental college” and “accredited dental school” or “accredited school of dentistry” means a dental school, college, or university with an education program accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency.

(2) “Accredited dental hygiene school” means a dental hygiene education program accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency.

(3) “Advanced dental education program” means an accredited dental advanced specialty education program or accredited dental education program accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency.

(4) “Board” means the Georgia Board of Dentistry.

(5) “Conscious sedation” means a minimally depressed level of consciousness that retains the patient’s ability to independently and continuously maintain an airway and respond appropriately to physical stimulation or verbal command and that is produced by a pharmacological or nonpharmacological method or combination thereof. A patient whose only response is reflex withdrawal from repeated painful stimuli shall not be considered to be in a state of conscious sedation. The use of nitrous oxide is not considered conscious sedation for purposes of this chapter.

(6) “Dentistry” means the evaluation, diagnosis, prevention, or treatment, or any combination thereof, whether using surgical or nonsurgical procedures, of diseases, disorders, or conditions, or any combination thereof, of the oral cavity, maxillofacial area, or the adjacent and associated structures, or any combination thereof, and their impact on the human body provided by a dentist, within the scope of his or her education, training, and experience, in accordance with the ethics of the profession and applicable law, including, but not limited to, the acts specified in Code Section 43-11-17.

(6.1) “Executive director” means the executive director appointed by the board pursuant to Code Section 43-11-2.1.

(7) “General anesthesia” means an induced state of depressed consciousness, or an induced state of unconsciousness, accompanied by partial or complete loss of protective reflexes, including the inability to continually and independently maintain an airway and respond purposefully to physical stimulation or verbal command, and produced by a pharmacological or nonpharmacological method or combination thereof. For purposes of this chapter, “general anesthesia” includes deep sedation.

(8) “Instructor” means either a dentist or a dental hygienist whom the board has granted a teacher’s or instructor’s license pursuant to Code Section 43-11-42.

(9) “Licensed dental hygienist” means a dental hygienist licensed and in good standing in this state pursuant to this chapter.

(10) “Licensed dentist” means a dentist licensed and in good standing in this state pursuant to this chapter.

(11) “Training clinic” means a clinic operated as a nonprofit facility by an accredited dental college, advanced dental education program, or accredited dental hygiene school primarily to train students or residents of such college, program, or school.

History

Code 1981, § 43-11-1, enacted by Ga. L. 1987, p. 932, § 1; Ga. L. 1999, p. 234, § 1; Ga. L. 2004, p. 720, § 1; Ga. L. 2008, p. 530, § 1/SB 363; Ga. L. 2013, p. 192, § 2-1/HB 132; Ga. L. 2014, p. 866, § 43/SB 340.

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, in

1999, punctuation was revised in paragraph (1). Editor’s notes. For application of this statute in 2021, see Executive Orders 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, 05.28.21.02, 06.30.21.02, 07.22.21.02, 08.19.21.02, and 09.20.21.02.

RESEARCH REFERENCES Am. Jur. 2d. 61 Am. Jur. 2d, Physicians, Surgeons, and Other Healers, §§ 6, 13 et seq., 26 et seq., 45, 74 et seq., 121 et seq., 131 et seq. C.J.S. 70 C.J.S., Physicians, Surgeons, and

Other Health-Care Providers, §§ 4 et seq., 52 et seq., 71 et seq. ALR. Physicians’ and surgeons’ liens, 39 A.L.R.5th 787.

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2001–2024 · leading case: Thompson v. Princell, 696 S.E.2d 91 (Ga. Ct. App. 2010).
Thompson v. Princell, 696 S.E.2d 91 (Ga. Ct. App. 2010). · cites it 8× “Thompson argues in her supplemental brief that the definition of general anesthesia set forth in OCGA § 43-11-1 (7), applicable to dentists, dental hygienists, and dental assistants, governs the appli *259 cability of the informed consent statute.”
Brown v. Belinfante, 557 S.E.2d 399 (Ga. Ct. App. 2001). · cites it 8× “Among other things, Brown alleged that Belinfante’s performance of the cosmetic procedures constituted negligence per se because he exceeded the scope of the practice of dentistry, violating OCGA § 43-11-1 et seq. (referred to by the parties and the trial court as the “Dental…”
Omstead v. Bpg Inspection, LLC, 903 S.E.2d 7 (Ga. 2024). · cites it 4× “While dentists are licensed professionals under the Georgia Code, see OCGA § 43-11-1, et seq. (Title 43 (“Professions and Businesses”), Chapter 11 (“Dentists, Dental Hygienists, and Dental Assistants”)); Ga.”
Vito v. Dhillon, 605 S.E.2d 602 (Ga. Ct. App. 2004). · cites it 2× “Belinfante, supra at 860 (elective cosmetic procedures as not listed in the Dental Practice Act, OCGA § 43-11-1 et seq., not dental in nature, and beyond the mouth *903 area), the surgery performed in the instant case was, as a matter of law, violative of the Georgia Podiatry…”
Clower v. Orthalliance, Inc., 337 F. Supp. 2d 1322 (N.D. Ga. 2004). · cites it 2× “, or treatment, or any combination thereof, whether using surgical or nonsurgical procedures, of diseases, disorders, or conditions, or any combination thereof, of the oral cavity, maxil-lofacial area, or the adjacent and associated structures,, or any combination thereof, and…”
SmileDirectClub, LLC v. Battle (N.D. Ga. 2022). · cites it 7× “7 O.C.G.A. § 43-11-1, et seq. 8 Id. § 43-11-9; see also ECF 1, ¶ 4.”
SmileDirectClub, LLC v. Battle (N.D. Ga. 2023). · cites it 2× “at 6 (citing O.C.G.A. § 43-11-1(6); id. § 43-11-17(a)(2), (a)(5)).”
— 43-11-1(6) — 2 cases
SmileDirectClub, LLC v. Battle (N.D. Ga. 2022). “7 O.C.G.A. § 43-11-1, et seq. 8 Id. § 43-11-9; see also ECF 1, ¶ 4.”
SmileDirectClub, LLC v. Battle (N.D. Ga. 2023). “at 6 (citing O.C.G.A. § 43-11-1(6); id. § 43-11-17(a)(2), (a)(5)).”
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.