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2018 Georgia Code 43-11-48 | Car Wreck Lawyer

TITLE 43 PROFESSIONS AND BUSINESSES

Section 11. Dentists, Dental Hygienists, and Dental Assistants, 43-11-1 through 43-11-82.

ARTICLE 2 LICENSES FOR THE PRACTICE OF DENTISTRY

43-11-48. Initiation of proceedings for violation of chapter; records.

  1. Proceedings under this chapter may be initiated by the board upon its own motion or upon receipt of a signed, written complaint. A board member who forwards a complaint to the attention of the board shall not participate in any further disciplinary proceedings with respect to such applicant or licensee. Disposition of "contested cases," within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," shall be governed by Chapter 13 of Title 50.
  2. A record of all hearings, decisions, and orders shall be kept for the board by the executive director.

(Ga. L. 1920, p. 132, § 16; Code 1933, § 84-716; Ga. L. 1937, p. 627, § 2; Ga. L. 1976, p. 484, § 1; Ga. L. 1982, p. 1056, § 7; Ga. L. 1983, p. 1389, § 7; Ga. L. 1984, p. 22, § 43; Ga. L. 2000, p. 1706, § 19; Ga. L. 2013, p. 192, § 2-15/HB 132.)

JUDICIAL DECISIONS

Verified accusation or board knowledge of wrongdoing needed for revocation proceedings.

- If revocation proceedings of the board are not taken either from matters within the knowledge of the board or upon written verified accusation, the proceedings are invalid and require reversal. Salerno v. Board of Dental Exmrs., 119 Ga. App. 743, 168 S.E.2d 875 (1969) (decided prior to 1982 amendment, which substituted "signed" for "under oath verified" in subsection (a)).

Former Code 1933, § 84-716 (see now O.C.G.A. § 43-11-48) did not require that accused be served with written verified accusation, nor was such required by Ga. L. 1965, p. 283, § 13 (see now O.C.G.A. § 50-13-13) of the Administrative Procedure Act. Salerno v. Board of Dental Exmrs., 119 Ga. App. 743, 168 S.E.2d 875 (1969).

Dentist's action for declaratory and injunctive relief, seeking to prevent the board of dentistry from taking action against the dentist based on an opinion of the attorney general to the effect that certain procedures being performed by the dentist were not within the lawful scope of the practice of dentistry, was not barred by a failure to exhaust administrative remedies since the only way for the dentist to challenge the board's position was to continue performing the procedures, thereby risking criminal prosecution for the felony offense of practicing medicine without a license and/or the initiation of administrative proceedings to revoke the dentist's license to practice dentistry. Thomas v. Georgia Bd. of Dentistry, 197 Ga. App. 589, 398 S.E.2d 730 (1990).

RESEARCH REFERENCES

ALR.

- Hearsay in proceeding for suspension or revocation of license to conduct business or profession, 142 A.L.R. 1388.

Necessity of expert evidence in proceeding for revocation or suspension of license of physician, surgeon, or dentist, 74 A.L.R.4th 969.

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