O.C.G.A.

O.C.G.A. § 43-34-27 (2019)

Licensing aliens; licensing Canadian medical school graduates

✓ 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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Any qualified applicant who is an alien, except for graduates of accredited Canadian medical schools as approved by the board, must have resided in the United States for one year. All qualified applicants who are aliens and who shall comply with all other requirements of this article shall be eligible to stand the examination provided for in this article and, upon his or her successful completion thereof, shall be granted a license to practice medicine upon compliance with all other requirements prescribed as a prerequisite to the issuance of a license. Graduates of accredited Canadian medical schools, as approved by the board, are exempt from the residency requirement of one year in the United States and may be granted a license by endorsement of the Licentiate Medical Counsel of Canada (LMCC) examination without further examination if the board determines that the applicant substantially meets the qualifications required for licensure in this state.

History

Ga. L. 1925, p. 89, § 1; Code 1933, § 84-1208; Ga. L. 1966, p. 346, § 2; Code 1933, § 84-907.5, enacted by Ga. L. 1971, p. 223, § 2; Ga. L. 1977, p. 334, § 6; Ga. L. 1980, p. 3, § 1; Code 1981, § 43-34-28; Code 1981, § 43-34-27, as redesignated by Ga. L. 2009, p. 859, § 1/HB 509.

Annotations

Cross references. - Rights of aliens, § 1-2-11. Editor’s notes. - Ga. L. 2009, p. 859, § 1/HB 509, effective July 1, 2009, redesignated former Code Section 43-34-27 as present Code Section 43-34-26.

JUDICIAL DECISIONS Cited in Emory Adventist, Inc. v. Hunter, 301 Ga. App. 215, 687 S.E.2d 267 (2009). RESEARCH REFERENCES ALR. - Constitutionality of discrimination against aliens in legislation relating to licenses, 39 A.L.R. 346.

Notes of Decisions

Cited in 4 cases, 1994–2009 · leading case: Emory-Adventist, Inc. v. Hunter, 687 S.E.2d 267 (Ga. Ct. App. 2009).

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Emory-Adventist, Inc. v. Hunter, 687 S.E.2d 267 (Ga. Ct. App. 2009). · cites it 4× “See OCGA § 43-34-27 (a) (1) (A) (2008) 1 (“Any person who wishes to obtain the right to practice medicine in this state .”

Wiles v. Wiles, 449 S.E.2d 681 (Ga. 1994). · cites it 4× “OCGA § 43-34-27 (Supp. 1993). Doctors of medicine licensed to practice in the state obtain a medical specialty, such as psychiatry, based on their internship and residency.”

United States v. Dicter, 198 F.3d 1284 (11th Cir. 1999). “O.C.G.A. § 43-34-27(a)(1). Defendant’s medical license, therefore, constitutes “property” for the purposes of section 853.”

Bennett v. Butlin, 512 S.E.2d 13 (Ga. Ct. App. 1999). · cites it 4× “See OCGA §§ 43-34-27; 43-35-12. Orthopedic surgeons are subsumed under medical physicians.”

— 43-34-27(a)(1) — 1 case

United States v. Dicter, 198 F.3d 1284 (11th Cir. 1999). “O.C.G.A. § 43-34-27(a)(1). Defendant’s medical license, therefore, constitutes “property” for the purposes of section 853.”

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