O.C.G.A.

O.C.G.A. § 43-30-13 (2019)

Construction of chapter

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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(a) 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.

(b) 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.

History

Ga. L. 1916, p. 83, § 9; Code 1933,

§ 84-1108; Ga. L. 1988, p. 34, § 3; Ga. L. 2009, p. 859, § 13/HB 509.

Annotations

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 recip-

rocal 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.

Notes of Decisions
Cited in 1 case, 1993–1993 · leading case: Zechmann v. Thigpen, 437 S.E.2d 475 (Ga. Ct. App. 1993).
Zechmann v. Thigpen, 437 S.E.2d 475 (Ga. Ct. App. 1993). · cites it 2× “OCGA § 43-30-13. It is not alleged that Zechmann practiced medicine illegally in connection with the child but rather that he negligently practiced optometry.”
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.