O.C.G.A.

O.C.G.A. § 43-5-1 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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.

History

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. 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.

Annotations

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 Ga. App. LEXIS 1137 (1995), cert. denied, No. S96C0704, 1996 Ga. LEXIS 597 (Ga. Apr. 12, 1996).

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.

Notes of Decisions
Cited in 2 cases, 1995–2008 · leading case: Georgia Physical Therapy, Inc. v. McCullough, 466 S.E.2d 635 (Ga. Ct. App. 1995).
Georgia Physical Therapy, Inc. v. McCullough, 466 S.E.2d 635 (Ga. Ct. App. 1995). · cites it 8× “We granted GPT’s application for interlocutory review of the trial court’s denial of its motion to dismiss based on the absence of an expert affidavit. The trial court found that by failing to have a physician on staff and available to its athletic trainers, GPT breached its…”
McLeod v. Blase, 659 S.E.2d 727 (Ga. Ct. App. 2008). · cites it 4× “2 See OCGA § 43-5-1 et seq. (regulation of profession of athletic training).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.