ARTICLE 4 PHYSICIAN ASSISTANTS

43-34-105. Performance of tasks in accordance with job description.

On receipt of notice of the board's approval, a physician assistant, under the direction of the applying physician, may perform the tasks described in the job description, provided that nothing in this Code section shall make unlawful the performance of a medical task by the physician assistant, whether or not such task is specified in the general job description, when it is performed under the direct supervision and in the presence of the physician utilizing him or her.

(Ga. L. 1972, p. 676, § 6; Ga. L. 2009, p. 859, § 1/HB 509.)

JUDICIAL DECISIONS

Determination of medical tasks physician's assistant eligible to perform.

- Because it is a matter strictly for the Composite State Board of Medical Examiners (now Georgia Composite Medical Board) to determine the nature and scope of the medical tasks for which any physician's assistant (PA) may be qualified to perform, the idea that any other entity can determine whether it is appropriate for a PA to perform any specific type of procedure, whether or not the procedure is contained within the PA's job description, is contrary to the purposes and intent of O.C.G.A. T. 43, C. 34, A. 4. Cardio TVP Surgical Assocs., P.C. v. Gillis, 272 Ga. 404, 528 S.E.2d 785 (2000), reversing Gillis v. Cardio TVP Surgical Assocs., P.C., 239 Ga. App. 350, 520 S.E.2d 767 (1999).

Negligence per se.

- As it was undisputed that the physician's assistant who treated and prescribed drugs for the malpractice plaintiff had not been supervised as required by O.C.G.A. §§ 43-34-103(e.1)(1) and43-34-105, no testimony from a member of the Composite State Board of Medical Examiners (now Georgia Composite Medical Board) was required to show a violation of these statutes, and the plaintiff was entitled to summary judgment on the plaintiff's claim of negligence per se. Rockefeller v. Kaiser Found. Health Plan, 251 Ga. App. 699, 554 S.E.2d 623 (2001).

Cases Citing O.C.G.A. § 43-34-105

Total Results: 3 | Sort by: Relevance | Newest First

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Cardio TVP Surgical Assocs., P.C. v. Gillis, 528 S.E.2d 785 (Ga. 2000).

Cited 9 times | Published | Supreme Court of Georgia | May 1, 2000 | 272 Ga. 404, 2000 Fulton County D. Rep. 1618

...ical tasks set forth in the proposed PA's job description. A PA is limited to those tasks set forth in the job description except when the task "is performed under the direct supervision and in the presence of the physician utilizing [the PA]," OCGA § 43-34-105, "in which case the [PA] may perform any work authorized for physicians that the assistant is competent to do." Beall v....

...The Court of Appeals concluded that absent an express reference to the harvesting of veins in his job description, Livingston had no authority to perform this medical task. Assuming, arguendo, that such specificity is required by the Act, we agree with the Court of Appeals that OCGA § 43-34-105 is applicable here, since it is uncontroverted that Livingston harvested Gillis's vein under the direct supervision and in the presence of Dr. Shaker. The Court of Appeals, however, concerned that the language of OCGA § 43-34-105 would "allow a brain surgeon to delegate brain surgery" to a PA, held that it was a fact question for the jury to decide "whether a particular physician's assistant has the requisite skill level and training to perform a task not specifically approved by the Board." Gillis, supra at 353(1)(b), 520 S.E.2d 767....

...tered nurse anesthetist acting under the direction and responsibility of an anesthesiologist, and did not address the authority of a PA to perform a medical task while under the direct supervision and in the presence of the utilizing physician. OCGA § 43-34-105....

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Carole Maso v. Brian Zeh, 317 Ga. 769 (Ga. 2023).

Cited 1 times | Published | Supreme Court of Georgia | Nov 7, 2023

Carole Maso v. Brian Zeh (Ga. 2023).

Published | Supreme Court of Georgia | Nov 7, 2023

...OCGA §§ 43-34-102 (4); 43-34-103 (a) (2). If approved, the board issues the physician assistant a “license authorizing the assistant to perform medical tasks under the direction and supervision of the physician.” Id. § 43-34-104 (b). 3 id. § 43-34-105 (“[A] physician assistant, under the direction of the applying physician, may perform the tasks described in the job de- scription” and additional tasks “performed under the direct supervi- sion and in the presence of the physic...

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2018 Georgia Code 43-34-105 | Car Wreck Lawyer

TITLE 43 PROFESSIONS AND BUSINESSES

Section 34. Physicians, Acupuncture, Physician Assistants, Cancer and Glaucoma Treatment, Respiratory Care, Clinical Perfusionists, and Orthotics and Prosthetics Practice, 43-34-1 through 43-34-290.