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O.C.G.A. § 43-30-13 — Construction of chapter | Georgia Code
O.C.G.A. § 43-30-13 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 43 PROFESSIONS AND BUSINESSES

Section 30. Optometrists, 43-30-1 through 43-30-15.

ARTICLE 4 NURSE LICENSURE COMPACT

43-30-13. Construction of chapter.

  1. Nothing in this chapter shall be construed to apply to physicians and surgeons duly licensed to practice medicine, nor to prevent persons from selling spectacles or eyeglasses on prescription from any duly qualified optometrist or physician, nor to prevent any person from selling glasses as articles of merchandise or from using test cards in connection with the sale of such glasses at a permanently located place when not trafficking or attempting to traffic upon assumed skill in optometry; nor shall anything in this chapter be construed to authorize any registered optometrist to prescribe or administer drugs except as permitted by law or practice medicine or surgery in any manner as defined by the laws of this state; nor shall this chapter be construed to authorize any such person to use the title of "M.D." or any other title mentioned in Code Section 43-34-21 or 43-34-22.
  2. Nothing in this chapter shall be construed to imply liability, either civil or criminal, on the part of a pharmacist who is duly licensed under Title 26 and who in good faith fills a prescription presented by a patient pursuant to this chapter. The pharmacist shall presume that the prescription was issued by a duly licensed optometrist under this chapter who has qualified under this Code section to prescribe pharmaceutical agents. The pharmacist shall also presume that the pharmaceutical agent prescribed by the optometrist is an approved pharmaceutical agent, unless the pharmacist has actual or constructive knowledge to the contrary.

(Ga. L. 1916, p. 83, § 9; Code 1933, § 84-1108; Ga. L. 1988, p. 34, § 3; Ga. L. 2009, p. 859, § 13/HB 509.)

JUDICIAL DECISIONS

Cited in Georgia State Bd. of Exmrs. in Optometry v. Friedmans' Jewelers, Inc., 183 Ga. 669, 189 S.E. 238 (1936); Georgia Ass'n of Osteopathic Physicians & Surgeons, Inc. v. Allen, 31 F. Supp. 206 (M.D. Ga. 1940).

RESEARCH REFERENCES

ALR.

- Right of corporation, or individual not himself licensed, to practice optometry through licensed employee, 102 A.L.R. 343; 128 A.L.R. 585.

One who fills prescriptions under reciprocal arrangement with physician or optometrist as subject to charge of practice medicine or optometry without license, 121 A.L.R. 1455.

Fitting of contact lenses as practice of optometry, 77 A.L.R.3d 817.

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This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.