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2018 Georgia Code 43-39-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-39-1 Case Law from Google Scholar Amendments to OCGA 43-39-1

TITLE 43 PROFESSIONS AND BUSINESSES

Section 39. Psychologists, 43-39-1 through 43-39-20.

ARTICLE 10 PAIN MANAGEMENT CLINIC

43-39-1. Definitions.

As used in this chapter, the term:

  1. "Board" means the State Board of Examiners of Psychologists.
  2. "Mental abilities" means abilities that are psychological in nature and are related to the practice of psychology.
  3. "Neuropsychological functioning" means the psychological manifestations of brain functioning. Neuropsychological functioning includes but is not limited to sensory motor functioning, attention, concentration, memory, language, abstraction, problem solving, visual-spatial ability, executive functioning, and personality.
  4. "Neuropsychology" means the subspecialty of psychology concerned with the relationship between the brain and behavior, including the diagnosis of brain pathology through the use of psychological tests and assessment techniques.
  5. "Personality characteristics" means personality characteristics that are psychological in nature and related to the practice of psychology.
  6. "Psychological testing" means the use of assessment instruments to both:
    1. Measure mental abilities, personality characteristics, or neuropsychological functioning; and
    2. Diagnose, evaluate, classify, or render opinions regarding mental and nervous disorders and illnesses, including, but not limited to, organic brain disorders, brain damage, and other neuropsychological conditions.
  7. "To practice psychology" or "practice of psychology" means to render or offer to render to individuals, groups, organizations, or the public for a fee or any remuneration, monetary or otherwise, any service involving the application of recognized principles, methods, and procedures of the science and profession of psychology, including, but not limited to, diagnosing and treating mental and nervous disorders and illnesses; rendering opinions concerning diagnoses of mental disorders, including, but not limited to, organic brain disorders and brain damage; engaging in neuropsychology; engaging in psychotherapy; interviewing, administering, and interpreting tests of mental abilities, aptitudes, interests, and personality characteristics, including, but not limited to, psychological testing, for such purposes as psychological classification or evaluation or for educational or vocational placement, or for such purposes as psychological counseling, guidance, or readjustment. When engaged in the practice of psychology, licensed psychologists may describe or label any testing, assessment, or evaluation they conduct within the scope of practice described in this Code section as "psychological" in nature; provided, however, that any such description or labeling shall not be construed to alter the meaning of psychological testing as defined in paragraph (6) of this Code section and in paragraph (9) of Code Section 43-39-7. Nothing in this paragraph shall be construed as permitting the administration or prescription of drugs or in any way infringing upon or restricting the practice of medicine as defined in the laws of this state.

(Ga. L. 1951, p. 408, § 1; Ga. L. 1970, p. 511, § 1; Ga. L. 1982, p. 1589, §§ 1, 2; Ga. L. 1986, p. 473, § 1; Ga. L. 1992, p. 6, § 43; Ga. L. 1993, p. 355, § 1; Ga. L. 2016, p. 257, § 5/SB 319.)

The 2016 amendment, effective April 26, 2016, added paragraphs (2) and (3), redesignated former paragraph (2) as present paragraph (4), added paragraphs (5) and (6), redesignated former paragraph (3) as present paragraph (7), and rewrote paragraph (7).

Cross references.

- Appointment to staff of medical care facility or institution, § 31-7-161.

Editor's notes.

- Ga. L. 2016, p. 257, § 1/SB 319, not codified by the General Assembly, provides: "The General Assembly finds that the mental health and wellness needs of Georgia's citizens require the availability of trained mental health professionals who can accurately diagnose, treat, prescribe, and appropriately assess the mental and emotional illnesses, disorders, and conditions from which they suffer and the vocational, educational, interpersonal, and intrapersonal needs essential to living and learning how to live productive and useful lives. It is the intent of the General Assembly to assure geographical and financial access for all of Georgia's citizens to excellent mental health services to the extent that Georgia's resources and regulations permit. To these ends, Georgia regulates its licensed psychiatrists, psychologists, professional counselors, marriage and family therapists, and clinical social workers who provide graduate level professional services to Georgia's private and public mental health services and to its public mental health, educational, and vocational support systems. The General Assembly seeks in such regulatory process to protect the public and assure it receives high quality and appropriate services and to define the scopes of practice and diagnostic authority for each of these professional groups consistent with the graduate level training and supervision, or its equivalent, that the members of each profession have sought and successfully completed. The General Assembly has empowered and authorized the Georgia Composite Medical Board, the State Board of Examiners of Psychologists, and the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists to fulfill these responsibilities and expects them to work together to assure a continuum of professional services that ensure appropriate diagnostic and assessment functions for each profession and the psychotherapeutic and counseling treatment services appropriate to each profession. The General Assembly recognizes that advances in medicine, science, education, training, and service delivery occur constantly in our modern history and therefore also expects the regulatory boards for each profession to assure that its licensees seek and successfully complete appropriate continuing education and training for the functions and services authorized to each profession."

JUDICIAL DECISIONS

Neuropsychologist's testimony considered by workers' compensation board.

- In reviewing a decision of the State Board of Workers' Compensation, the court erred in not ruling that under the 1993 amendment of O.C.G.A. § 43-39-1 the testimony of a neuropsychologist could be considered in support of the board's award. Drake v. LaRue Constr. Co., 215 Ga. App. 453, 451 S.E.2d 792 (1994).

Cited in Jacobsen v. Muller, 181 Ga. App. 382, 352 S.E.2d 604 (1986); Jacobsen v. Boyle, 196 Ga. App. 411, 397 S.E.2d 1 (1990).

RESEARCH REFERENCES

Am. Jur. 2d.

- 61 Am. Jur. 2d, Physicians, Surgeons, and Other Healers, §§ 11, 35.

C.J.S.

- 70 C.J.S., Physicians, Surgeons, and Other Health-Care Providers, § 1 et seq.

Cases Citing Georgia Code 43-39-1 From Courtlistener.com

Total Results: 2

Adams v. State

Court: Supreme Court of Georgia | Date Filed: 2002-11-12

Citation: 572 S.E.2d 545, 275 Ga. 867, 2002 Fulton County D. Rep. 3335, 2002 Ga. LEXIS 1024

Snippet: provisions. OCGA §§ 43-34-20 (3); 43-34-26 (a); 43-39-1 (3). By choosing not to enact any similar provision

Chandler Exterminators, Inc. v. Morris

Court: Supreme Court of Georgia | Date Filed: 1992-05-21

Citation: 416 S.E.2d 277, 262 Ga. 257, 92 Fulton County D. Rep. 754, 1992 Ga. LEXIS 501

Snippet: The following authorities control: (a) OCGA § 43-39-1 (2) defines and limits the practice of psychology