---
title: O.C.G.A. § 43-34-316. Exceptions.
collection: code
id: 43-34-316
cite_as: O.C.G.A. § 43-34-316 (2025)
canonical_url: https://georgiacommons.org/code/43-34-316
md_url: https://georgiacommons.org/code/43-34-316.md
text_url: https://georgiacommons.org/code/43-34-316/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t43-ch33-51-(v30a)-2021-pdf.pdf?sfvrsn=638c2417_0#page=255
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROFESSIONS AND BUSINESSES / PHYSICIANS, ACUPUNCTURE, PHYSICIAN ASSISTANTS, CANCER AND GLAUCOMA TREATMENT, RESPIRATORY CARE, CLINICAL PERFUSIONISTS, AND ORTHOTICS AND PROSTHETICS PRACTICE / GENETIC COUNSELING
---

# O.C.G.A. § 43-34-316. Exceptions.

The provisions of this article shall not apply to:

(1) Any person licensed by the state to practice in a profession other than that of a genetic counselor, such as a physician, when acting within the scope of the person’s profession and doing work of a nature consistent with the person’s training; provided, however, that such person shall not hold himself or herself out to the public as a genetic counselor;

(2) Any person employed as a genetic counselor by the federal government or an agency thereof if the person provides genetic counseling services solely under the direction and control of the organization by which he or she is employed;

(3) A student or intern enrolled in an ACGC accredited genetic counseling educational program if genetic counseling services performed by the student are an integral part of the student’s course of study and are performed under the direct instruction of a licensed genetic counselor or physician assigned to the student and who is on duty and available in the assigned patient care area and if the person is designated with the title of ‘‘genetic counseling intern’’;

(4) Any company providing services available directly to consumers without such consumers seeing a physician or genetic counselor, that are approved by the United States Food and Drug Administration to assess risks for certain genetic diseases or conditions, but that do not diagnose such diseases or conditions; or

(5) Any person using genetic data for purposes of nutritional counseling who is licensed as a dietitian under Chapter 11A of this title or exempt from such licensure pursuant to paragraph (10) of Code Section 43-11A-18.

## History

Code 1981, § 43-34-316, enacted by Ga. L. 2019, p. 687, § 2/HB 166.

## Code Commission Notes

Pursuant to Code Section 28-9-5, this Code section, enacted as Code Section 43-34-306, was redesignated as Code Section 43-34-316.