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2018 Georgia Code 43-11-49 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-11-49 Case Law from Google Scholar Amendments to OCGA 43-11-49

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

43-11-49. 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.

(Ga. L. 1920, p. 132, § 24; Code 1933, § 84-9911; Ga. L. 1999, p. 234, § 18.)

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 license 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) (decided under former Code 1933, §§ 84-701, 84-9909, 84-9911).

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