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2018 Georgia Code 43-34-68 | 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.

ARTICLE 3 ACUPUNCTURE

43-34-68. Informed consent requirements.

  1. Any person who undergoes acupuncture must consent to such procedure and shall be informed in general terms of the following:
    1. That the practice of acupuncture is based upon the Oriental arts and is completely distinct and different from traditional western medicine;
    2. That the acupuncturist cannot practice medicine, is not making a medical diagnosis of the person's disease or condition, and that such person should see a physician if he or she wants to obtain a medical diagnosis; and
    3. The nature and the purpose of the acupuncture treatment.
  2. The board shall develop a standard informed consent form to be used by persons licensed under this article. Such informed consent form shall include the information set forth in subsection (a) of this Code section as well as any other and additional information the board deems appropriate. The information set forth in the informed consent form shall be in language which is easy to read and readily understandable to the consuming public.

(Code 1981, §43-34-68, enacted by Ga. L. 2000, p. 538, § 1; Ga. L. 2009, p. 859, § 1/HB 509.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2002, Code Section 43-34-68, as enacted by Ga. L. 2002, p. 1273, § 1, was redesignated as Code Section 43-34-198.

Cases Citing O.C.G.A. § 43-34-68

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Blotner v. Doreika, 678 S.E.2d 80 (Ga. 2009).

Cited 17 times | Published | Supreme Court of Georgia | Jun 8, 2009 | 285 Ga. 481, 2009 Fulton County D. Rep. 1918

...296, 528 S.E.2d 777 (2000); because chiropractic treatment is not included among the matters for which informed consent is required by OCGA § 31-9-6.1; and because the Legislature has not otherwise required informed consent for chiropractic treatment, compare OCGA § 43-34-68 (informed consent requirements for persons who undergo acupuncture), we reverse the holding of the Court of Appeals....
...ed in OCGA § 31-9-6.1 for which informed consent is required. [2] The General Assembly has signaled its willingness to codify informed consent requirements in other areas of health care by its enactment of not only OCGA § 31-9-6.1 but also of OCGA § 43-34-68 (informed consent requires three specified items to be disclosed to patients of acupuncturists); OCGA § 31-9A-3 (informed consent required before abortion performed on pregnant woman); and OCGA § 37-3-163 (informed consent requirement for administration of medication to mental patients)....