Section 43-34-178. Nonapplicability of Code Section 43-34-177; violation

   (a) The provisions of Code Section 43-34-177 shall not apply to:

   (1) A person licensed as a physician pursuant to Article 2 of this chapter;

   (2) A person licensed under this title as a registered professional nurse or a licensed physician assistant or certified as a respiratory care professional under this title if:

      (A) The person does not represent to the public, directly or indirectly, that the person is licensed pursuant to this article and does not use any name, title, or designation indicating that he or she is licensed pursuant to this article; and

      (B) The person limits his or her acts or practice to the scope of practice authorized by the appropriate licensing agency;

   (3) Any person performing autotransfusion who possesses appropriate training and practices within the guidelines of the American Association of Blood Banks under the supervision of a perfusionist licensed under this article or a physician licensed under Article 2 of this chapter;

   (4) A student enrolled in an accredited perfusion education program if the perfusion services performed are:

      (A) An integral part of the student's course of study; and

      (B) Performed under the direct supervision of a licensed clinical perfusionist who is assigned to supervise the student and is on duty and immediately available in the assigned patient care area;

   (5) The practice of any legally qualified perfusionist employed by the United States government while in the discharge of his or her official duties; or

   (6) A person working as a dialysis care technician in an end stage renal disease facility licensed pursuant to Chapter 44 of Title 31 or a licensed hospital.

(b) Any person violating subsection (a) of this Code section shall be guilty of a felony.

Code 1981, § 43-34-178, enacted by Ga. L. 2002, p. 652, § 1; Ga. L. 2009, p. 859, § 1/HB 509.