O.C.G.A.
O.C.G.A.

O.C.G.A. § 43-34-20 (2019)

Short title

✓ 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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This article shall be known as the ‘‘Medical Practice Act of the State of Georgia.’’

History

Code 1981, § 43-34-20, enacted by Ga. L. 2009, p. 859, § 1/HB 509.

Annotations

Editor’s notes. - Ga. L. 2009, p. 859,

§ 1/HB 509, effective July 1, 2009, redesignated former Code Section 43-34-20 as present Code Section 43-34-21.

PHYSICIANS, ASSISTANTS, & OTHERS

Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1984–2023 · leading case: Hyde v. State, 377 S.E.2d 187 (Ga. Ct. App. 1988).
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Hyde v. State, 377 S.E.2d 187 (Ga. Ct. App. 1988). · cites it 8× “`Medical experts are persons possessing technical and peculiar knowledge, and any person learned in medical or physiological matters is qualified to testify as an expert thereon, even though he is not a medical practitioner [as defined in OCGA § 43-34-20 (3)].' 32 CJS 336,…”
Gillis v. Goodgame, 404 S.E.2d 815 (Ga. Ct. App. 1991). · cites it 8× “The trial court concluded from the record that defendant Goodgame "engaged in the practice of medicine as described in OCGA § 43-34-20 (3)," hat plaintiff's complaint alleged Goodgame was liable for medical malpractice failed to meet the requirements of OCGA § 9-11-9.”
Sinkfield v. Oh, 495 S.E.2d 94 (Ga. Ct. App. 1997). · cites it 8× “OCGA § 43-34-20 (3) defines: “ £[t]o practice medicine’ means to hold one’s self out to the public as *889 being engaged in the diagnosis or treatment of disease, defects, or injuries of human beings; or the suggestion, recommendation, or prescribing of any form of treatment for…”
Hewett v. Kalish, 442 S.E.2d 233 (Ga. 1994). · cites it 4× “A podiatrist practices medicine of the foot, see OCGA § 43-35-1 (2), and the only reason a podiatrist does not hold a full medical license under OCGA § 43-34-20 (3) is that the practice of medicine is not limited to any one area of the body, Shaw v.”
Gillis v. Goodgame, 414 S.E.2d 197 (Ga. 1992). · cites it 4× “Goodgame moved to dismiss the claim against him for failure to attach an expert affidavit alleging that he had committed a negligent act or omission.”
Adams v. State, 572 S.E.2d 545 (Ga. 2002). · cites it 4× “OCGA §§ 43-34-20 (3); 43-34-26 (a); 43-39-1 (3).”
HCA Health Servs. of Georgia, Inc. v. Hampshire, 424 S.E.2d 293 (Ga. Ct. App. 1992). · cites it 4× “Gillis, supra at 118 (see doctors of osteopathy in OCGA §§ 43-34-20 (3); 43-34-27; professional corporation for practice of osteopathy in OCGA §§ 14-7-2 (2); 14-7-3).”
Wiles v. Wiles, 449 S.E.2d 681 (Ga. 1994). · cites it 4× “To obtain a license, a person must graduate from a medical or osteopathic college, provide evidence of good moral character, complete a board-approved internship or residency training, and pass a board examination. OCGA § 43-34-27 (Supp.”
Cent. Anesthesia Assocs. P. C. v. Worthy, 325 S.E.2d 819 (Ga. Ct. App. 1984). · cites it 2× “Appellants argue that the statute pertains only to the conduct of *152 certified registered nurse anesthetists (CRNAs), and because Castro was not a CRNA, OCGA § 43-26-9 cannot be the basis for a finding of negligence per se against any of them.”
Zechmann v. Thigpen, 437 S.E.2d 475 (Ga. Ct. App. 1993). · cites it 2× “1982), which discerned that “the practice of medicine” in OCGA § 43-34-20 (3) for purposes of licensing and registration is narrow whereas the meaning of “medical malpractice” in OCGA § 9-3-70 for purposes of limitation of actions is broad.”
Chandler Exterminators, Inc. v. Morris, 416 S.E.2d 277 (Ga. 1992). · cites it 2× “2 Compare OCGA § 43-34-20 (3): “To practice medicine” means to hold one’s self out to the public as being engaged in the diagnosis or treatment of disease, defects, or injuries of human beings; or the suggestion, recommendation, or prescribing of any form of treatment for the…”
Milligan v. Manno, 397 S.E.2d 713 (Ga. Ct. App. 1990). · cites it 2× “See OCGA § 43-34-20 et seq. However, that this state licenses both osteopathic and allopathic physicians to practice medicine does not mean, as a matter of law, that the methods of diagnosis and treatment of the two schools of practice overlap in all areas.”
Show all 21 citing cases →
— 43-34-20(3) — 5 cases
Sinkfield v. Oh, 495 S.E.2d 94 (Ga. Ct. App. 1997). “OCGA § 43-34-20 (3) defines: “ £[t]o practice medicine’ means to hold one’s self out to the public as *889 being engaged in the diagnosis or treatment of disease, defects, or injuries of human beings; or the suggestion, recommendation, or prescribing of any form of treatment for…”
Adams v. State, 572 S.E.2d 545 (Ga. 2002). “OCGA §§ 43-34-20 (3); 43-34-26 (a); 43-39-1 (3).”
Crosby v. Hosp. Auth. of Valdosta & Lowndes Cnty., 93 F.3d 1515 (11th Cir. 1996).
Silverstein v. Gwinnett Hosp. Auth., 672 F. Supp. 1444 (N.D. Ga. 1987).
Silverstein v. Gwinnett Hosp. Auth., 861 F.2d 1560 (11th Cir. 1988).
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