Section 43-34-193. Construction of article

   This article shall not be construed to prohibit:

   (1) A licensed physician from engaging in the practice for which he or she is licensed;

   (2) A person licensed in this state under any other law from engaging in the practice for which he or she is licensed;

   (3) The practice of orthotics or prosthetics by a person who is employed by the federal government or any bureau, division, or agency of the federal government while in the discharge of the employee's official duties;

   (4) The practice of orthotics or prosthetics by:

      (A) A student enrolled in a school of orthotics or prosthetics; or

      (B) A resident continuing his or her clinical education in a residency accredited by the National Commission on Orthotic and Prosthetic Education;

   (5) The practice of orthotics or prosthetics by a person who is an orthotist or prosthetist licensed under the laws of another state or territory of the United States or another country and has applied in writing to the board, in a form and substance satisfactory to the board, for a license as an orthotist or prosthetist and who is qualified to receive the license until:

      (A) The expiration of six months after the filing of the written application;

      (B) The withdrawal of the application; or

      (C) The denial of the application by the board;

   (6) A person licensed by this state as a physical therapist or occupational therapist from engaging in his or her profession;

   (7) A licensed podiatrist from engaging in his or her profession;

   (8) A licensed athletic trainer from engaging in his or her profession;

   (9) A registered pharmacist from engaging in the practice for which he or she is registered;

   (10) Any person licensed, certified, or permitted under any other article of this chapter from engaging in the practice for which he or she is licensed, certified, or permitted;

   (11) The measuring, molding, or fitting of knee braces by any person;

   (12) Employees or authorized representatives of an orthotic manufacturer from engaging in one or more of the following: evaluating, adjusting, measuring, designing, fabricating, assembling, fitting, servicing, training, repairing, replacing, or delivering an orthotic device under the order, direction, or prescription of a physician or health provider operating within his or her licensed scope of practice and meeting the criteria of the Part II Policy and Procedures for Orthotics and Prosthetics Services pursuant to Title XIX of the federal Social Security Act, as amended; or

   (13) A board certified pedorthist from manufacturing, fabricating, dispensing, or any combination thereof custom foot orthotics or foot or ankle gauntlets.

Code 1981, § 43-34-193, enacted by Ga. L. 2002, p. 1273, § 1; Ga. L. 2005, p. 526, § 2/HB 608; Ga. L. 2009, p. 859, § 1/HB 509.