Bill Text: GA SB368 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: Nurses; provide for continuing competency requirements; renewal of licenses

Sponsorship: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2012-03-29 - Senate Conference Committee Appointed [SB368 Detail]

Download: Georgia-2011-SB368-Comm_Sub.html

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12 LC 33 4750S

The House Committee on Health and Human Services offers the following substitute to SB 368:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to provide for continuing competency requirements as the board of nursing may require by rules or regulations as a requirement of renewal of licenses; to provide for inactive licenses; to add mandatory reporting provisions for nurses; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by revising Code Section 43-26-9, relating to the biennial renewal of licenses, voluntary surrender or failure to renew a license, and restoration and reissuance of a license, as follows:

"43-26-9.

(a) Licenses issued under this article shall be renewed biennially according to schedules and fees approved by the board.

(b) A renewed license shall be issued to a registered professional nurse or licensed undergraduate nurse who remits the required fee and complies with requirements established by the board.

(b.1) Beginning with the 2015 license renewal cycle, an applicant for license renewal shall also meet one of the following continuing competency requirements during the previous licensure period:

(1) Completion of 30 continuing education hours by a board approved provider;

(2) Maintenance of certification or recertification by a national certifying body recognized by the board;

(3) Completion of an accredited academic program of study in nursing or a related field recognized by the board;

(4) Verification of competency by a facility licensed under Title 31 or by a physician's office that is part of a health system and at least 500 hours practiced as evidenced by employer certification on a form approved by the board; or

(5) Other activities as prescribed and approved by the board that show competency in the nursing field.

Failure to meet the minimum continuing competency requirement for renewal of a license shall be grounds for denial of a renewal application. The board may waive or modify the continuing competency requirement stated by rule or regulation in cases of hardship, disability, illness, or under such other circumstances as the board, in its discretion, deems appropriate.

(c) The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement at the discretion of the board. The board may restore and reissue a license and, as a condition thereof, may impose any disciplinary sanction provided by Code Section 43-1-19 or 43-26-11 or Code Section 43-1-19."

SECTION 2.

Said chapter is further amended by adding a new Code section to read as follows:

"43-26-9.1.

(a) A person who notifies the board on forms prescribed thereby may elect to place his or her license on an inactive status and shall, subject to rules of the board, be excused from payment of renewal fees until he or she notifies the board of his or her desire to resume active status.

(b) A person who has had his or her license on inactive status may have his or her license restored by submitting an application to the board on a form prescribed by the board and paying the required restoration fee. The board shall require evidence of competency to resume the practice of nursing as a registered professional nurse in order to restore the license to active status.

(c) A registered professional nurse or advanced practice registered nurse whose license is on inactive status shall not practice nursing as a registered professional nurse or an advanced practice registered nurse in this state.

(d) The board shall provide at least 180 days prior notice to a registered professional nurse or advanced practice registered nurse whose license will be in inactive status for a period of 60 months from the date the license was placed in inactive status to provide notice to such nurse that he or she may be subject to a requirement to complete a reinstatement program prior to restoration of his or her license. Such notice may be provided by electronic means or by United States mail to the last known e-mail or mailing address of such nurse."

SECTION 3.

Said chapter is further amended by adding a new article to read as follows:

"ARTICLE 3

43-26-50.

As used in this article, the term:

(1) 'Board' means the Georgia Board of Nursing, with respect to registered professional nurses, and the Georgia Board of Examiners of Licensed Practical Nurses, with respect to licensed practical nurses.

(2) 'Nurse' means a registered professional nurse licensed pursuant to Article 1 of this chapter or a licensed practical nurse licensed pursuant to Article 2 of this chapter.

43-26-51.

A nurse shall report names of subject individuals to the applicable board if the nurse has reasonable cause to believe that any other nurse has violated any of the grounds for discipline provided for in Code Section 43-26-53. A nurse need not duplicate a report if he or she has reasonable cause to believe that such report has been made to the applicable board. A licensed health care professional shall not be required to report a nurse to the board under this Code section as a result of professional knowledge obtained in the course of the health care professional-patient relationship when the nurse is the patient.

43-26-52.

(a) Hospitals, nursing homes, temporary staffing agencies, and other employers of registered professional nurses, licensed practical nurses, or advanced practice registered nurses shall report to the applicable board, or ensure that such report has in fact been made to such board, the name of any licensee whose employment has been terminated or who has resigned in order to avoid termination for any reasons stipulated in Code Section 43-26-53.

(b) A state agency that licenses, registers, or certifies a hospital, nursing home, home health agency, or other type of health care facility, or surveys one of these facilities or agencies, shall report to the applicable board when such state agency has evidence that a nurse has violated Code Section 43-26-53 or ensure that such a report has in fact been made to such board.

(c) In the event a nurse enters a voluntary alternative to discipline program approved by the board, reporting to the applicable board shall not be required for such nurse by a person under this Code section. The applicable boards shall approve alternative to discipline programs for monitoring of nurses who agree to seek treatment for impairment by chemical dependency or mental illness that could lead to disciplinary action by the board.

(d) The applicable board shall inform, in the manner such board determines appropriate, nurses, facilities, agencies, and other persons of their duty to report under this article.

43-26-53.

(a) The following incidents shall be reported to the applicable board in the event any person is:

(1) Practicing nursing as a registered professional nurse or a licensed practical nurse, without a valid, current license, except as otherwise permitted under Code Section 43-26-12 or 43-26-41, as applicable;

(2) Practicing nursing as a registered professional nurse or a licensed practical nurse under cover of any diploma, license, or record illegally or fraudulently obtained, signed, or issued;

(3) Practicing nursing as a registered professional nurse or a licensed practical nurse during the time the license is suspended, revoked, surrendered, or administratively revoked for failure to renew;

(4) Using any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a registered professional nurse, advanced practice registered nurse, or licensed practical nurse unless such person is duly licensed or recognized by the applicable board so to practice under the provisions of this chapter;

(5) Fraudulently furnishing a license to practice nursing as a registered professional nurse or licensed practical nurse;

(6) Knowingly aiding or abetting any person to violate this chapter;

(7) While holding a license as a nurse, convicted of any felony, crime involving moral turpitude, or crime violating a federal or state law relating to controlled substances or dangerous drugs in the courts of this state, any other state, territory, or country, or in the courts of the United States, including but not limited to a plea of nolo contendere entered to the charge; or

(8) While holding a license as a nurse, displaying or has displayed an inability to practice nursing as a registered professional nurse, licensed undergraduate nurse, or licensed practical nurse with reasonable skill and safety due to use of alcohol, drugs, narcotics, or chemicals.

(b) Minor incidents, as defined by the applicable board, shall not be required to be reported pursuant to this article when the continuing practice by the subject nurse does not pose a risk of harm to a patient or others and can be addressed through corrective action by the nurse's employer. The applicable board shall adopt rules governing reporting of minor incidents. The applicable board may evaluate a complaint and determine that it is a minor incident under this Code section.

43-26-54.

The applicable board may seek an order from a court of competent jurisdiction for a report from any of the parties stipulated in Code Section 43-26-51 if one is not forthcoming voluntarily. The applicable board may seek a citation for civil contempt if a court order for a report is not obeyed by any of the parties stipulated in Code Section 43-26-51.

43-26-55.

(a) No nurse, hospital, nursing home, temporary staffing agency, employer, or other person required to report a nurse to the applicable board under this article, who, in good faith, either reports or fails to report, shall be subject to civil or criminal liability or discipline for unprofessional conduct for such action or inaction.

(b) A physician or other licensed health care professional who, at the request of the applicable board, examines a nurse shall be immune from suit for damages by the nurse examined if the examining physician or examining health care professional conducted the examination and made findings or diagnoses in good faith."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.