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2018 Georgia Code 43-5-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-5-1 Case Law from Google Scholar Amendments to OCGA 43-5-1

TITLE 43 PROFESSIONS AND BUSINESSES

Section 5. Athletic Trainers, 43-5-1 through 43-5-15.

ARTICLE 4 REGULATION OF MARTIAL ARTS AND WRESTLING

43-5-1. Definitions.

As used in this chapter, the term:

  1. "Athletic injury" means any injury sustained by a person as a result of such person's participation in exercises, sports, games, or recreational activities, or any activities requiring physical strength, agility, flexibility, range of motion, speed, or stamina without respect to where or how the injury occurs. Nothing in this paragraph shall be construed to expand the scope of practice of an athletic trainer beyond the determination of the advising and consenting physician as provided for in paragraph (2) of this Code section.
  2. "Athletic trainer" means a person with specific qualifications, as set forth in Code Sections 43-5-7 and 43-5-8 who, upon the advice and consent of a physician, carries out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries; and, in carrying out these functions, the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation, and treatment. Nothing in this Code section shall be construed to require licensure of elementary or secondary school teachers, coaches, or authorized volunteers who do not hold themselves out to the public as athletic trainers.
  3. "Board" means the Georgia Board of Athletic Trainers.

(Ga. L. 1977, p. 1123, § 1; Ga. L. 1991, p. 750, § 1; Ga. L. 2005, p. 473, § 1/HB 217; Ga. L. 2008, p. 1112, § 12/HB 1055; Ga. L. 2017, p. 774, § 43/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, added "As used in this chapter, the term:" preceding paragraph (1).

Administrative Rules and Regulations.

- Definitions, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board of Athletic Trainers, Chapter 53-2.

Law reviews.

- For survey article on workers' compensation law, see 60 Mercer L. Rev. 433 (2008).

JUDICIAL DECISIONS

O.C.G.A. § 43-5-1 did not apply to make a physical therapy company liable in an action against the company for permitting a physical trainer in the company's employ to give advice regarding care of an ingrown toenail without advice and consent of a physician; a physical therapy group is not required to have a physician on staff and the physical trainer was acting as an athletic trainer for a high school at the time. Georgia Physical Therapy, Inc. v. McCullough, 219 Ga. App. 744, 466 S.E.2d 635 (1995).

OPINIONS OF THE ATTORNEY GENERAL

Scope of practice.

- Licensed athletic trainers may only perform their injury preventive and rehabilitative functions when specific statutory conditions have been met. 1984 Op. Att'y Gen. No. 84-72.

While treatments may be administered in the setting of a private clinic such as a physical therapy or sports medicine group, an athletic trainer may not administer treatments to persons other than athletes on the team that employs that athletic trainer, nor may the athletic trainer administer these treatments without the advice and consent of the team physician. 1984 Op. Att'y Gen. No. 84-72.

RESEARCH REFERENCES

ALR.

- Medical malpractice liability of sports medicine care providers for injury to, or death, of athlete, 33 A.L.R.5th 619.

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