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O.C.G.A. § 45-11-9 — Discrimination against optometrists or physicians in suggestions for visual care | Georgia Code
O.C.G.A. § 45-11-9 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 11. Miscellaneous Offenses Concerning Public Officers and Employees, 45-11-1 through 45-11-10.

ARTICLE 2 CONFLICTS OF INTEREST

45-11-9. Discrimination against optometrists or physicians in suggestions for visual care.

  1. It shall be unlawful for any state board, body, agency, or institution or any public official to discriminate against optometrists licensed under Chapter 30 of Title 43 or against physicians licensed under Chapter 34 of Title 43 in the suggestion or recommendation for visual care which is within the scope of the practice licensed by those chapters.
  2. Nothing contained in this Code section shall be construed to prevent a person having custodial care of another person from referring such person to the practitioner of his choice.
  3. Nothing contained in this Code section shall be construed to prevent a physician from referring patients to any practitioner of his choice.

(Ga. L. 1976, p. 474, §§ 1-3.)

OPINIONS OF THE ATTORNEY GENERAL

State agency maintaining self-insured health plan for employees cannot exclude optometrists' services from coverage.

- For state agency maintaining self-insured health plan for its employees to exclude coverage of optometrists' visual care services within scope of their licensed practice is inconsistent with O.C.G.A. § 45-11-9. 1981 Op. Att'y Gen. No. U81-51.

Optometrists to receive reimbursement for services reimbursable to ophthalmologists.

- The Department of Medical Assistance (now Department of Community Health) is required to reimburse optometrists for reasonable, necessary, and otherwise allowable diagnostic services within the scope of their licensed practice that are also reimbursable to ophthalmologists. 1983 Op. Att'y Gen. No. 83-27.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61 Am. Jur. 2d, Physicians, Surgeons, and Other Healers, § 28.

C.J.S.

- 70 C.J.S., Physicians and Surgeons, §§ 10, 15.

ALR.

- Exclusion of or discrimination against a physician or surgeon by hospital, 37 A.L.R.3d 645, 28 A.L.R.5th 107.

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