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2018 Georgia Code 43-34-38 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-34-38 Case Law from Google Scholar Amendments to OCGA 43-34-38

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.

ARTICLE 2 MEDICAL PRACTICE

43-34-38. Access to medical treatment; experimental and nonconventional medical treatments.

Reserved. Repealed by Ga. L. 2016, p. 345, § 2/HB 34, effective July 1, 2016.

Editor's notes.

- This Code section was based on Code 1981, § 43-34-42.1, enacted by Ga. L. 1997, p. 1100, § 1; Code 1981, § 43-34-38, as redesignated by Ga. L. 2009, p. 859, § 1/HB 509.

Cases Citing O.C.G.A. § 43-34-38

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Hutchinson v. Composite State Bd. of Med. Examiners, 429 S.E.2d 661 (Ga. 1993).

Cited 9 times | Published | Supreme Court of Georgia | May 17, 1993 | 263 Ga. 186, 93 Fulton County D. Rep. 1879

...se to practice in Georgia. Appellees refused appellant an unrestricted license, but offered to enter into a consent order placing restrictions on his license. In response to appellant's demand for a hearing, appellees relied on the provision in OCGA § 43-34-38 that refusal of a license is not a contested case within the meaning of the Administrative Procedure Act, that notice and hearing within the meaning of the Act was not required, but that appellant was entitled by § 43-34-38 to appear before the Board as, indeed, he had already done. Appellant then filed suit against appellees, mounting a constitutional attack on OCGA § 43-34-38 and asserting a claim for relief under 42 USC § 1983 because of the denial to him of notice and a hearing....
...issues, though moot, should be considered because they are capable of repetition, but may evade review. Chastain v. Baker, 255 Ga. 432 (339 SE2d 241) (1986). Consequently appellant's enumerations of error concerning his constitutional attack on OCGA § 43-34-38 will not be considered....