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O.C.G.A. § 43-34-45 — Polysomnography; practice | Georgia Code
O.C.G.A. § 43-34-45 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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

43-34-45. Polysomnography; practice.

  1. As used in this Code section, the term:
    1. "Polysomnography" means the treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders. Polysomnography includes, but is not limited to, the process of analysis, monitoring, and recording of physiologic data during sleep and wakefulness to assist in the treatment of disorders, syndromes, and dysfunctions that are sleep related, manifest during sleep, or disrupt normal sleep activities. Polysomnography also includes, but is not limited to, the therapeutic and diagnostic use of low-flow oxygen, the use of positive airway pressure including continuous positive airway pressure (CPAP) and bi-level modalities, adaptive servo-ventilation, and maintenance of nasal and oral airways that do not extend into the trachea.
    2. "Polysomnographic technologist" means any person performing polysomnography services under the supervision of a person licensed under this article.
    3. "Supervision" means that the supervising physician licensed under this article shall remain available, either in person or through telephonic or electronic means, at the time that polysomnography services are provided.
  2. A physician may delegate tasks involving polysomnography to a polysomnographic technologist without regard to whether such technologist is certified or licensed as a respiratory care therapist under Article 6 of this chapter.
  3. Nothing in this Code section shall be construed to:
    1. Permit the practice of medicine as defined in this article by polysomnographic technologists;
    2. Prohibit a health care provider licensed in this state from engaging in the practice for which he or she is licensed, including, but not limited to, respiratory care professionals certified under Article 6 of this chapter; or
    3. Authorize a polysomnographic technologist to treat, manage, control, educate, or care for patients other than those with sleep or wake disorders or to provide diagnostic testing for patients other than those with suspected sleep or wake disorders.

(Code 1981, §43-34-45, enacted by Ga. L. 2009, p. 859, § 1/HB 509.)

Editor's notes.

- Former Code Section 43-34-45, concerning practicing osteopathy by fraud or misrepresentation, was based on Ga. L. 1909, p. 123, § 11; Penal Code 1910, § 470; Code 1933, § 84-9919, and was repealed by Ga. L. 2009, p. 859, § 1/HB 509, effective July 1, 2009.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.