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2018 Georgia Code 43-35-3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-35-3 Case Law from Google Scholar Amendments to OCGA 43-35-3

TITLE 43 PROFESSIONS AND BUSINESSES

Section 35. Podiatry Practice, 43-35-1 through 43-35-18.

ARTICLE 10 PAIN MANAGEMENT CLINIC

43-35-3. Definitions.

As used in this chapter, the term:

  1. "Board" means the State Board of Podiatry Examiners.
  2. "License" means a valid and current certificate of registration issued by the division director on behalf of the board which shall give the person to whom it is issued authority to engage in the practice prescribed thereon.
  3. "Licensee" means one who holds a license under this chapter.
  4. "Person" means a human person only.
  5. "Podiatric medicine," which includes chiropody, podiatry, and podiatric medicine and surgery, means that portion of the practice of medicine identified by the acts described in any one or more of the following:
    1. Charging a fee or other compensation, either directly or indirectly, for any history or physical examination of a patient in a person's office or in a hospital, clinic, or other similar facility prior to, incident to, and necessary for the diagnosis and treatment, by primary medical care, surgical or other means, of diseases, ailments, injuries, cosmetic conditions, or abnormal conditions of the human foot and leg. As used in this subparagraph, the term "cosmetic" means a surgical or medical procedure intended to enhance the physical appearance or function of the foot, ankle, or leg, including, but not limited to, skin problems such as blemishes, spider veins, and scar revisions;
    2. Holding oneself out to the public, either directly or indirectly, as being engaged in the practice of podiatric medicine;
    3. Displaying or using a title or abbreviation such as "Doctor of Podiatric Medicine," "D.P.M.," "Foot Doctor," "Foot Specialist," "Foot Surgeon," "Foot and Ankle Surgeon," or other letters, designations, or symbols or signs of any type which expressly or implicitly indicate to the general public that the user renders treatment to the foot, ankle, and leg under the provisions of this chapter;
    4. Performing surgery on the foot or leg of a patient, except that when such surgery is performed under general anesthesia it shall be permissible only when said surgery is performed at a facility permitted and regulated as a hospital or ambulatory surgical treatment center under Article 1 of Chapter 7 of Title 31 and when said general anesthesia is administered under the direction of a duly licensed physician;
    5. Performing amputations of the toe; or
    6. Performing amputations distal to and including the tarsometatarsal joint but only when performed in a facility permitted and regulated as a hospital or ambulatory surgical treatment center under Article 1 of Chapter 7 of Title 31 and when performed by a podiatrist who is certified by the board in meeting the requirements which shall be established by regulations of the board which have been jointly approved by the board and the Georgia Composite Medical Board.
  6. "Podiatric resident" means a person who is engaged in a postgraduate program of study or practice within this state approved by the board.
  7. "Podiatrist" means a physician and surgeon of the human foot and leg who is subject to this chapter.

(Code 1981, §43-35-3, enacted by Ga. L. 1994, p. 1375, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2009, p. 859, § 2/HB 509; Ga. L. 2013, p. 779, § 1/HB 192.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 84-901 are included in the annotations for this Code section.

Podiatrists did not hold full-practice licenses because under former Code 1933, § 84-901 (see now O.C.G.A. § 43-34-20) the "practice of medicine" was not defined as limited to any area of the body. Shaw v. Hospital Auth., 507 F.2d 625 (5th Cir. 1975) (decided under former Code 1933, § 84-901).

Authorized treatment by podiatrist.

- Insofar as the human foot and leg were concerned, a podiatrist was capable of rendering the same treatment an orthopedist could give, short of amputation. Sandford v. Howard, 161 Ga. App. 495, 288 S.E.2d 739 (1982) (decided under former Code 1933, § 84-901).

Orthopedic surgeons can testify in podiatric malpractice cases as expert witnesses on the standard of care required of podiatrists. Sandford v. Howard, 161 Ga. App. 495, 288 S.E.2d 739 (1982) (decided under former Code 1933, § 84-901).

Cited in Georgia Ass'n of Osteopathic Physicians & Surgeons, Inc. v. Allen, 31 F. Supp. 206 (M.D. Ga. 1940).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 84-901 are included in the annotations for this Code section.

Podiatry fell within definition of "medical practice".

- Definition of "podiatry" placed the activities of practitioners of that profession clearly within the definition of "medical practice" and "practice of medicine" as those terms were defined in former Code 1933, § 84-901 (see now O.C.G.A. § 43-34-20). 1971 Op. Att'y Gen. No. 71-133; 1971 Op. Att'y Gen. No. 71-199 (decided under former Code 1933, § 84-901).

Definition of "podiatry" was sufficient to bring podiatrists within the definition of medical practitioners for insurance purposes. 1972 Op. Att'y Gen. No. U72-17 (decided under former Code 1933, § 84-901).

Although licensed only for a limited practice of medicine, podiatrists should be included within the term "licensed doctors of medicine" as that term was used in former Code 1933, § 56-1708 (see now O.C.G.A. § 33-19-13). 1971 Op. Att'y Gen. No. 71-133 (decided under former Code 1933, § 84-901).

Podiatrists may perform nearly same treatments as medical doctors on feet.

- Podiatrists are licensed to perform, with exception of amputation or use of any anaesthetic other than local, the same medical treatment as M.D.'s, so long as the treatment is confined to the human foot and leg. 1971 Op. Att'y Gen. No. 71-199 (decided under former Code 1933, § 84-901).

Podiatrist may perform surgery on feet and legs.

- Podiatrist may perform surgery or treatment upon human foot and leg of patient who is under an anesthetic other than local, provided that the anesthetic is administered by a qualified anesthesiologist other than a podiatrist. 1963-65 Op. Att'y Gen. p. 649 (decided under former Code 1933, § 84-901).

Podiatrists may not themselves give general anesthetics.

- Definition of podiatry should be interpreted literally; such a construction would preclude use by podiatrists of any anesthetics other than a "local" anesthetic. 1971 Op. Att'y Gen. No. 71-4 (decided under former Code 1933, § 84-901).

Osteopath may practice within scope of "healing art" as defined and construed in Mabry v. State Bd. of Exmrs., 190 Ga. 751, 10 S.E.2d 740 (1940) without infringing upon practitioners of other healing arts. 1962 Op. Att'y Gen. p. 389 (decided under former Code 1933, § 84-901).

RESEARCH REFERENCES

Am. Jur. 2d.

- 61 Am. Jur. 2d, Physicians and Surgeons and Other Healers, §§ 4, 26 et seq.

C.J.S.

- 70 C.J.S, Physicians and Surgeons and Other Health-Care Providers, §§ 5, 11 et seq.

ALR.

- Liability of chiropodist for malpractice, 80 A.L.R.2d 1278.

Validity, construction and application of podiatry or chiropody statutes, 45 A.L.R.4th 888.

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