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2018 Georgia Code 43-9-9 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-9-9 Case Law from Google Scholar Amendments to OCGA 43-9-9

TITLE 43 PROFESSIONS AND BUSINESSES

Section 9. Chiropractors, 43-9-1 through 43-9-20.

ARTICLE 4 REGULATION OF MARTIAL ARTS AND WRESTLING

43-9-9. Reciprocity.

Persons licensed to practice chiropractic under the laws of any other state having requirements equal to those of this chapter may, in the discretion of the board, be issued a license to practice chiropractic in this state without written examination upon the payment of a fee in an amount established by the board.

(Ga. L. 1921, p. 166, § 14; Code 1933, § 84-510; Ga. L. 1975, p. 714, § 3; Ga. L. 1984, p. 913, § 4.)

Cross references.

- Cooperation between Georgia and other states generally, T. 28, C. 6.

JUDICIAL DECISIONS

Board may admit practitioners from other states with equal requirements.

- State board may, in the board's discretion, admit by comity any person licensed to practice chiropractic under laws of another state having requirements equal to those required in this state. Moore v. Robinson, 206 Ga. 27, 55 S.E.2d 711 (1949).

Admission by comity discretionary.

- Board may, in the board's discretion, admit by comity nonresident applicants who qualify under chiropractic provisions, and the board's discretion will be controlled only when abused. Moore v. Robinson, 206 Ga. 27, 55 S.E.2d 711 (1949).

Board cannot admit by comity applicant failing to meet educational requirements.

- Board was properly enjoined from admitting by comity applicants for a license to practice chiropractic in this state who did not possess the required educational qualifications of being a graduate of a chartered chiropractic school or college which requires a four-year standard college course of nine months each. Rose v. Grow, 210 Ga. 664, 82 S.E.2d 222 (1954) (decided prior to 1984 amendment of O.C.G.A. § 43-9-7).

OPINIONS OF THE ATTORNEY GENERAL

Applicant's qualifications, rather than requirements of licensing state of origin, must equal those of this state before such persons may be issued a license to practice chiropractic in this state without taking an examination. 1969 Op. Att'y Gen. No. 69-192.

Criteria is sister state law in force at time of application for reciprocity license.

- General Assembly intended by equality of laws provision to use as criteria those laws in sister states existing and in force at time of submission of application to Georgia board for reciprocity licensing. It was not intended to require each person seeking reciprocity licensing to have received a license under a law equal to the Georgia law, but rather that requirement of equality would be satisfied if present equal law in sister state recognizes and accepts such licenses previously issued under other, unequal laws in foreign state. 1948-49 Op. Att'y Gen. p. 321.

Board's discretion limited only as to equality of laws.

- General Assembly intended to limit the board acting within the board's discretionary authority as to comity only to extent that necessary element of equality of laws be present. 1948-49 Op. Att'y Gen. p. 321.

Authority permissive rather than mandatory.

- Statute authorized the board, under rules of comity or general reciprocity, to issue licenses without examination to those persons licensed to practice chiropractic in other states having requirements equal to those of the Georgia laws; this statutory authority does not make it mandatory upon board to admit any person from any state under rules of comity and reciprocity. 1948-49 Op. Att'y Gen. p. 321.

RESEARCH REFERENCES

ALR.

- Judicial review of decision upon application for license to practice within state by physician or surgeon from another state or country, 136 A.L.R. 742.

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