O.C.G.A. § 43-11-49 (2019)
Burden of proof as to authority to practice dentistry
On the trial of anyone charged with the violation of this chapter or with the illegal practice of dentistry, it shall be incumbent on the defendant, upon proof that he or she practiced dentistry, to show that he or she had authority under the law to practice dentistry in order to exempt himself or herself from the penalty for such violation.
History
Ga. L. 1920, p. 132, § 24; Code 1933, § 84-9911; Ga. L. 1999, p. 234, § 18.
Annotations
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, §§ 84-701, 84-9909, 84-9911, are included in the annotations for this Code section. Burden on defendant whom state shows practiced without license to establish authority to practice. - When the state made out a case by proving that the defendant practiced dentistry in Georgia without having obtained a li-
cense from the board, this proof cast the burden upon the defendant to prove a right to so practice, the law makes the having of a license or other authority to practice dentistry at the time of the passage of former Code 1933, Ch. 84-7 (see now O.C.G.A. Ch. 11, T. 43) a matter of defense. Jordan v. State, 77 Ga. App. 700, 49 S.E.2d 694, 1948 Ga. App. LEXIS 622 (1948) (decided under former Code 1933, §§ 84-701, 84-9909, 84-9911).