Section 33-18-17. Sale of contracts by medical service corporations; restriction of right of holders of contracts to select physicians; prohibition of corporate practice of medicine

   (a) Medical service corporations shall have the right to sell contracts providing for the payment of specified charges made by physicians furnishing medical services to the holders of the contracts, their beneficiaries, and covered dependents as provided for in this chapter.

(b) The contracts shall not in any manner restrict the right of the holder to obtain the services of any licensed doctor of medicine, licensed doctor of dental surgery, or licensed podiatrist nor shall the contracts attempt to control the relation existing between any holder or beneficiary of any such contract and his physician. The medical service corporations shall impose no restriction on the doctors of medicine, doctors of dental surgery, or podiatrists who treat their subscribers as to the methods of diagnosis or treatment. The private physician-patient relationship shall be maintained; and a subscriber shall at all times have free choice of any doctor of medicine, doctor of dental surgery, or podiatrist who is a participating physician in the medical service corporation and who agrees to accept a particular beneficiary as a patient.

(c) It is the purpose of this Code section to make it clear that the creation of the relationship of patient and physician depends upon the mutual assent of both parties. Contracts issued by the medical service corporation to the subscribers shall not constitute individually or jointly obligations of the participating physician or physicians servicing the plan.

(d) No provision of this chapter shall be construed as authorizing the corporate practice of medicine, dentistry, or podiatry; and medical service corporations shall not practice medicine, dentistry, or podiatry. No physician rendering service or called on to render service to a member, beneficiary, or covered dependent shall be construed to be an agent or employee of a medical service corporation; and the medical service corporation shall not be liable for the negligence, misfeasance, malfeasance, nonfeasance, or malpractice of any physician rendering medical or surgical, dental, or podiatric services to any such member, beneficiary, or covered dependent.

Code 1933, § 56-1813, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1973, p. 813, § 12.