O.C.G.A.

43-22A-13 (2019)

Compliance with state and federal regulations

✓ 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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Statute text

Nothing in this chapter shall be construed to affect or prevent:

(1) Persons licensed to practice the professions of dentistry, medicine, osteopathy, chiropractic, nursing, physician assistant, or dietetics from engaging in the practice of lactation care and services when incidental to the practice of their profession, except such persons shall not use the title "licensed lactation consultant" or "licensed L.C.";

(2) Doulas and perinatal and childbirth educators from performing education functions consistent with the accepted standards of their respective occupations, except such persons shall not use the title "licensed lactation consultant" or "licensed L.C." or designate themselves by any other term or title which implies that such person has the clinical skills and education comparable to a licensed lactation consultant;

(3) The practice of lactation care and services by students, interns, or persons preparing for the practice of lactation care and services under the qualified supervision of a lactation consultant or any licensed professional listed in paragraph (1) of this Code section;

(4) Employees of the United States government or any bureau, division, or agency thereof from engaging in the practice of lactation care and services within the discharge of the employees' official duties so long as such employees are performing their duties within the recognized confines of a federal installation regardless of whether jurisdiction is solely federal or concurrent;

(5) Employees of a department, agency, or division of state, county, or local government from engaging in the practice of lactation care and services within the discharge of the employees' official duties, including, but not limited to, peer counselors working within the Special Supplemental Nutrition Program for Women, Infants, and Children;

(6) Individual volunteers from providing lactation care and services, provided that:

(A) Such volunteers shall not use the title "licensed lactation consultant" or "licensed L.C.," shall not state that they are licensed to practice lactation care and services, and shall not designate themselves by any other term or title which implies that such volunteers have the clinical skills and education comparable to a licensed lactation consultant;

(B) Their volunteer service is performed without fee or other form of compensation, monetary or otherwise, from the individuals or groups served; and

(C) Such volunteers receive no form of compensation, monetary or otherwise, except for administrative expenses, such as mileage;

(7) A nonresident IBCLC from practicing lactation care and services in this state for five days without licensure or up to 30 days with licensure from another state if the requirements for licensure in such other state are substantially equal to the requirements contained in this chapter; or

(8) Other health care related professionals from seeking licensure for their professions.

History

(Code 1981, § 43-22A-13, enacted by Ga. L. 2016, p. 357, § 1/HB 649.)

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CHAPTER 23
LANDSCAPE ARCHITECTS

Sec.

43-23-1. Definitions.

43-23-2. Creation of board; members.

43-23-3. Seal.

43-23-4. Power of board to regulate issuance of licenses, to revoke or suspend licenses, and to censure licensees.

43-23-5. License requirement for persons engaged in landscape architecture; enjoining unauthorized use of title or term "landscape architect."

43-23-6. Application for licenses.

43-23-7. Qualifications of applicants; examinations.

43-23-7.1. Continuing education requirement.

43-23-8. Examination fee; issuance of licenses; biennial renewal of licenses; renewal fee; effect of nonpayment of check submitted as license fee.

43-23-9. Reciprocity.

43-23-10. Temporary licenses.

43-23-11. Form of licenses and certificates; seal on certificates; delivery of license to licensee; display of certificate.

43-23-12. Investigations; censure of licensees; revocation or suspension of licenses.

43-23-13. Applicability of the "Georgia Administrative Procedure Act."

43-23-14. Practice of landscape architecture by partnerships, limited liability companies, and corporations; restricted use of term; advertising.

43-23-15. Injunctions.

43-23-16. Applicability of chapter to qualified registered architects and professional engineers.

43-23-17. Exceptions to operation of chapter; restricted use of term.

43-23-18. Practicing landscape architecture or representing oneself as or acting as a landscape architect without a license.

43-23-19. Penalty.

43-23-20. Termination [Repealed].

Annotations

Cross references. - Architects generally, T. 43, C. 4.

Administrative Rules and Regulations. - Organization, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia State Board of Landscape Architects, Chapter 310-1.

OPINIONS OF THE ATTORNEY GENERAL

Persons offering services solely as city, regional, or urban planners exempt from licensure requirements. - Person providing services within the definition of the practice of landscape architecture is not required to comply with the licensure requirements of landscape architects if that person offers services solely as a city, regional, or urban planner and does not use the title "landscape architect." 1980 Op. Att'y Gen. No. 80-4.

RESEARCH REFERENCES

Am. Jur. 2d. - 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

C.J.S. - 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

ALR. - Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834, 42 A.L.R. 1226, 118 A.L.R. 646.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2020–2023 · leading case: Raffensperger v. Jackson (& Vice Versa), 888 S.E.2d 483 (Ga. 2023).
Jackson v. Raffensperger, 843 S.E.2d 576 (Ga. 2020). · cites it 8× “” OCGA § 43-22A-13 (2). Third, “students, interns, or persons preparing for the practice of lactation care and services” may engage in lactation care and services under the supervision of a licensed lactation consultant or any other professional listed in the first exemption.”
Raffensperger v. Jackson (& Vice Versa), 888 S.E.2d 483 (Ga. 2023). · cites it 8× “practice lactation care and services,” unless one of the exemptions set forth in OCGA § 43-22A-13 applies.7 Anyone who provides lactation care and services for compensation without a license may be subjected to injunction proceedings in superior court.”
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.