...cticing in "a manner as to protect the safety, health and welfare of the public." Thus, professional engineers are very much like physicians and attorneys in the degree they are regulated by the state in order to protect the public welfare. See OCGA § 43-34-1 et seq....

...' 21 R.C.L., Physicians and Surgeons, Sec. 2." State v. Baker, supra, 48 SE2d at p. 65. However, under Georgia's statutory law, the practice of naturopathy is the functional equivalent of the practice of osteopathy under North Carolina law, see OCGA § 43-34-1 (a); and, under Georgia law, an osteopath is engaged in the practice of medicine with a D.O....

...[3] In contrast, although "naturopathy" is defined under Georgia statutory law as a healing art which avoids the use of drugs or surgery, it is also defined as embracing "the use of such nutritional substances as are naturally found in and are required by the body." OCGA § 43-34-1 (a)....

...Wilkerson, for Georgia Optometric Association, Inc. et al. Everett W. Gee III, for Medical Association of Georgia et al. SEARS-COLLINS, Justice. We granted an expedited appeal in these cases to determine whether the trial court erred by holding, among other things, that OCGA § 43-34-1 [1] violates due process and equal protection. All parties concede that the literal language of § 43-34-1 violates due process and equal protection in that it is so broad that it prohibits much conduct that there is no rational basis to prohibit, see Dobbins v....

...[2] Under these circumstances, it would be inappropriate for us to undertake the type of major rewrite of the statute that the Medical Association urges us to do; that task is best left to the legislature. We therefore affirm the trial court's holding that § 43-34-1 is unconstitutional in toto. The trial court, in addition to declaring § 43-34-1 unconstitutional, made several declarations concerning other statutes that govern health care professionals. Because the parties only sought a declaration concerning the constitutionality of § 43-34-1, we reverse the *606 part of the trial court's order that sets forth declarations concerning statutes other than § 43-34-1. Finally, we agree with the contention of the Medical Association of Georgia that the trial court erred by ruling that the unconstitutionality of § 43-34-1, as enacted by Ga. L. 1992, pp. 2062, 2063, § 2, rendered ineffective the repeal of the prior OCGA § 43-34-1, which governed the practice of naturopathy. Because the General Assembly, in enacting Ga. L. 1992, p. 2062, § 2, expressly struck what was § 43-34-1 and replaced it with a new § 43-34-1 that was completely unrelated to the prior statute, we conclude the General Assembly intended the striking of the naturopathy statute to take effect independent of the enactment of new § 43-34-1....

...of N. Y. v. Whitehead, 114 Ga. App. 630, 633-635 (1) (152 SE2d 706) (1966). See also Gunn v. Balkcom, 228 Ga. 802, 804 (188 SE2d 500) (1972). The naturopathy statute therefore stands repealed even though we affirm the trial court's ruling that new § 43-34-1 is unconstitutional....

...Case Nos. S92X1545 and S92X1546. Judgment reversed. Case No. S93X0059. Judgment affirmed in part and reversed in part. Clarke, C. J., Bell, P. J., Hunt, Benham, Fletcher, JJ., and Judge Frank C. Mills III concur; Hunstein, J., not participating. NOTES [1] Section 43-34-1 prohibits persons other than doctors, dentists, podiatrists, and veterinarians from performing any surgery, operation, or invasive procedure in which human or animal tissue is cut, pierced or otherwise altered by the use of any mechan...

...ye. [Id. Ga. L. 1992, pp. 2062, 2063, Section 2, effective April 17, 1992.] [2] In addition, we hesitate to speculate as to the meaning of the statute when severe criminal penalties are attached to its violation. E.g., OCGA § 43-34-46 (violation of § 43-34-1 is a felony, punishable by a fine of between $500 and $1,000 or by imprisonment from 2 to 5 years, or both).