Bill Text: GA SB430 | 2009-2010 | Regular Session | Introduced
Bill Title: 'Nurse Licensure Compact'; provide multistate licensures to practice telephonic nursing as a registered nurse; qualifications, sanctions
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2010-02-18 - Senate Read and Referred [SB430 Detail]
Download: Georgia-2009-SB430-Introduced.html
10 LC 29
4149
Senate
Bill 430
By:
Senators Unterman of the 45th, Thomas of the 54th, Goggans of the 7th, Balfour
of the 9th and Butler of the 55th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating
to nurses, so as to provide for a multistate compact, short title, findings,
purposes, and definitions; to provide for multistate licensures to practice
telephonic nursing as a registered nurse and to provide for qualifications,
sanctions, practices, and procedures relating thereto; to provide for
administrators and their powers and functions and practice limitations; to
provide for license recognition; to provide for application and license
restrictions; to provide for change of residence; to provide for reports,
investigations, and adverse actions; to provide additional powers to the Georgia
Board of Nursing; to provide for a coordinated licensure information system and
confidentiality and expungement relating thereto; to provide for immunity from
liability; to provide for effective dates and amendment of and withdrawal from
the compact; to provide for other agreements; to provide for construction and
severability; to provide for dispute settlement; to provide for effective date
and automatic repeal; to change the provisions relating to definitions for the
"Georgia Registered Professional Nurse Practice Act"; to change the powers of
the Georgia Board of Nursing; to change provisions regarding use of certain
titles and identification requirements; to change provisions relating to denial
or revocation of licenses; 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 adding a new article to read as follows:
"ARTICLE
4
43-26-70.
(a)
This article shall be known as the 'Nurse Licensure Compact.'
(b)
The Nurse Licensure Compact as set forth in this article is hereby enacted into
law and entered into with all other jurisdictions legally joining
therein.
43-26-71.
(a)
The General Assembly finds that:
(1)
The health and safety of the public are affected by the degree of compliance
with and the effectiveness of enforcement activities related to state nurses
licensure laws;
(2)
Violations of nurse licensure and other laws requiring the practice of nursing
may result in injury or harm to the public;
(3)
That expanded mobility of nurses and the use of advanced communication
technologies, including, but not limited to telephonic nursing as part of
Georgia's health care delivery system require greater coordination and
cooperation among states in the areas of nurse licensure and
regulation;
(4)
That new practice modalities and technology make compliance with individual
state nurse licensure difficult; and
(5)
That the current system of duplicative licensure for nurses practicing in
multiple states is cumbersome and redundant to both nurses and
states.
(b)
The General Assembly enters into a multistate nurse license compact for the
purpose of:
(1)
Facilitating the state's responsibility to protect the public's health and
safety;
(2)
Ensuring and encouraging the cooperation of party states in the areas of nurse
licensure and regulation;
(3)
Facilitating the exchange of information between party states in the areas of
nurse regulation, investigation, and adverse actions;
(4)
Promoting compliance with the laws governing the practice of nursing in each
jurisdiction;
(5)
Investing the state with the authority to hold a nurse accountable for meeting
all the state practice law when the patient is located in the state where care
is rendered through the mutual recognition of party state licenses;
and
(6)
Enabling registered professional nurses in party states to practice telephonic
nursing in a manner consistent with this compact.
43-26-72.
As
used in this article, the term:
(1)
'Adverse Action' means a home or remote state action.
(2)
'Alternative program' means a voluntary, nondisciplinary monitoring program
approved by the Georgia Board of Nursing.
(3)
'Compact' means the Nurse Licensure Compact provided for by this
article.
(4)
'Coordinated licensure information system' means an integrated process for
collecting, storing, and sharing information on nurse licensure and enforcement
activities related to nurse licensure laws, which is administered by a nonprofit
organization composed of and controlled by state nurse licensing
boards.
(5)
'Current significant investigative information' means:
(A)
Investigative information that the Georgia Board of Nursing, after a preliminary
inquiry that includes notification and an opportunity for the nurse to respond,
has reason to believe is not groundless and, if proved true, would indicate more
than a minor infraction; or
(B)
Investigative information that indicates that the nurse represents an immediate
threat to public health and safety regardless of whether the nurse has been
notified and had an opportunity to respond.
(6)
'Home state' means the party state which is the nurse's primary state of
residence.
(7)
'Home state action' means any administrative, civil, equitable, or criminal
action permitted by the home state's laws which are imposed on a nurse by the
home state's licensing board or other authority including actions against an
individual's license such as: revocation, suspension, probation, or any other
action which affects a nurse's authorization to practice.
(8)
'Licensing board' means the party state regulatory body responsible for issuing
nurse licenses.
(9)
'Multistate licensure privilege' means current official authority from a remote
state permitting the practice of nursing as a registered nurse. All party
states have the authority, in accordance with existing state due process law, to
take actions against the nurse's privilege such as: revocation, suspension,
probation, or any other action which affects a nurse's authorization to
practice.
(10)
'Nurse' means a registered nurse as defined by each party's state practice
law.
(11)
'Party state' means any state that has adopted this compact.
(12)
'Remote state' means a party state, other than the home state;
(A)
Where the patient is located at the time nursing care is provided;
or
(B)
In the case of the practice of nursing not involving a patient, in such party
state where the recipient of nursing practice is located.
(13)
'Remote state action' means:
(A)
Any administrative, civil, equitable, or criminal action permitted by a remote
state's laws which are imposed on a nurse by the remote state's licensing board
or other authority including actions against an individual's multistate
licensure privilege to practice in the remote state; and
(B)
Cease and desist and other injunctive or equitable orders issued by remote
states or the licensing boards thereof.
(14)
'State' means a state, territory, or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico.
(15)
'State practice laws' means those individual party's state laws and regulations
that govern the practice of nursing, define the scope of nursing practice, and
create the methods and grounds for imposing discipline. Such term shall not
include the initial qualifications for licensure or requirements necessary to
obtain and retain a license, except for qualifications or requirements of the
home state.
(16)
'Telephonic nurse' means a nurse practicing telephonic nursing.
(17)
'Telephonic nursing' means the practice of nursing, as a registered professional
nurse, by the means of technology to provide communication over distances, for
audio, video, and data communications, including, but not limited to telephone,
facsimile transmissions, electronic mail, or a combination thereof.
43-26-73.
(a)
A license to practice registered nursing issued by a home state to a resident in
that state will be recognized by each party state as authorizing a multistate
licensure privilege to practice telephonic nursing as a registered nurse in such
party state. In order to obtain or retain a license, an applicant shall meet
the home state's qualifications for licensure and license renewal as well as all
other applicable state laws.
(b)
Party states may, in accordance with state due process laws, limit or revoke the
multistate licensure privilege of any nurse to practice in their state and may
take any other actions under their applicable state laws necessary to protect
the health and safety of their citizens. If a party state takes such action, it
shall promptly notify the administrator of the coordinated licensure information
system. The administrator of the coordinated licensure information system shall
promptly notify the home state of any such actions by remote
states.
(c)
Every nurse practicing in a party state shall comply with the state practice
laws of the state in which the patient is located at the time care is rendered.
In addition, the practice of nursing shall not be limited to patient care but
shall include all nursing practice as defined by the state practice laws of a
party state. The practice of nursing will subject a nurse to the jurisdiction
of the nurse licensing board and the courts, as well as the laws, in that party
state.
(d)
This compact shall not affect additional requirements imposed by states for
advanced practice registered nursing.
(e)
Individuals not residing in a party state shall continue to be able to apply for
nurse licensure as provided for under the laws of each party state. However,
the license granted to these individuals will not be recognized as granting the
privilege to practice nursing in any other party state unless explicitly agreed
to by that party state.
43-26-74.
(a)
Upon application for a license, the licensing board in a party state shall
ascertain, through the coordinated licensure information system, whether the
applicant has ever held, or is the holder of, a license issued by any other
state, whether there are any restrictions on the multistate licensure privilege,
and whether any other adverse action by any state has been taken against the
license.
(b)
A nurse in a party state shall hold licensure in only one party state at a time,
issued by the home state.
(c)
A nurse who intends to change his or her primary state of residence may apply
for licensure in the new home state in advance of such change. However, new
licenses shall not be issued by a party state until after a nurse provides
evidence of change in primary state of residence satisfactory to the new home
state's licensing board.
(d)
When a nurse changes primary state of residency by:
(1)
Moving between two party states and obtains a license from the new home state,
the license from the former home state is no longer valid;
(2)
Moving from a nonparty state to a party state and obtaining a license from the
new home state, the individual state license issued by the nonparty state shall
not be affected and shall remain in full force if so provided by the laws of the
nonparty state; and
(3)
Moving from a party state to a nonparty state, the license issued by the prior
home state converts to an individual state license, valid only in the former
home state, without the multistate licensure privilege to practice in other
party states.
43-26-75.
In
addition to the general provisions described in Code Section 43-26-73, the
following provisions apply:
(1)
The licensing board of a remote state shall promptly report to the administrator
of the coordinated licensure information system any remote state actions
including the factual and legal basis for such action, if known. The licensing
board of a remote state shall also promptly report any significant current
investigative information yet to result in a remote state action. The
administrator of the coordinated licensure information system shall promptly
notify the home state of any such reports;
(2)
The licensing board of a party state shall have the authority to complete any
pending investigations for a nurse who changes primary state of residence during
the course of such investigations. It shall also have the authority to take any
appropriate actions and shall promptly report the conclusions of such
investigations to the administrator of the coordinated licensure information
system. The administrator of the coordinated licensure information system shall
promptly notify the new home state of any such actions;
(3)
A remote state may take adverse action affecting the multistate licensure
privilege to practice within that party state. However, only the home state
shall have the power to impose adverse action against the license issued by the
home state;
(4)
For purposes of imposing adverse action, the licensing board of the home state
shall give the same priority and effect to reported conduct received from a
remote state as it would if such conduct had occurred within the home state. In
so doing, it shall apply its own state laws to determine appropriate
action;
(5)
The home state may take adverse action based on the factual findings of the
remote state, so long as each state follows its own procedures for imposing such
adverse action; and
(6)
Nothing in this compact shall override a party state's decision that
participation in an alternative program may be used in lieu of licensure action
and that such participation shall remain nonpublic if required by the party
state's laws. Party states shall require nurses who enter any alternative
programs to agree not to practice in any other party state during the term of
the alternative program without prior authorization from such other party
state.
43-26-76.
Notwithstanding
any other powers, party state nurse licensing boards shall have the authority
to:
(1)
If otherwise permitted by state law, recover from the affected nurse the costs
of investigations and disposition of cases resulting from any adverse action
taken against that nurse;
(2)
Issue subpoenas for both hearings and investigations which require the
attendance and testimony of witnesses and the production of evidence. Subpoenas
issued by a nurse licensing board in a party state for the attendance and
testimony of witnesses or the production of evidence from another party state,
or both, shall be enforced in the latter state by any court of competent
jurisdiction, according to the practice and procedure of that court applicable
to subpoenas issued in proceedings pending before it. The issuing authority
shall pay any witness fees, travel expenses, mileage, and other fees required by
the service statutes of the state where the witnesses or evidence, or both, are
located;
(3)
Issue cease and desist orders to limit or revoke a nurse's authority to practice
in their state; and
(4)
Promulgate uniform rules and regulations as provided for in subsection (c) of
Code Section 43-26-78.
43-26-77.
(a)
All party states shall participate in a cooperative effort to create a
coordinated data base of all licensed registered nurses. This system shall
include information on the licensure and disciplinary history of each nurse, as
contributed by party states, to assist in the coordination of nurse licensure
and enforcement efforts.
(b)
Notwithstanding any other provision of law, all party states' licensing boards
shall promptly report adverse actions, actions against multistate licensure
privileges, any current significant investigative information yet to result in
adverse action, denials of applications, and the reasons for such denials to the
coordinated licensure information system.
(c)
Current significant investigative information shall be transmitted through the
coordinated licensure information system only to party state licensing
boards.
(d)
Notwithstanding any other provision of law, all party states' licensing boards
contributing information to the coordinated licensure information system may
designate information that may not be shared with nonparty states or disclosed
to other entities or individuals without the express permission of the
contributing state.
(e)
Any personally identifiable information obtained by a party states' licensing
board from the coordinated licensure information system may not be shared with
nonparty states or disclosed to other entities or individuals except to the
extent permitted by the laws of the party state contributing the
information.
(f)
Any information contributed to the coordinated licensure information system that
is subsequently required to be expunged by the laws of the party state
contributing that information shall also be expunged from the coordinated
licensure information system.
(g)
The compact administrators, acting jointly with each other and in consultation
with the administrator of the coordinated licensure information system, shall
formulate necessary and proper procedures for the identification, collection,
and exchange of information under this compact.
43-26-78.
(a)
The division director of the professional licensing boards of Georgia shall be
the administrator of this compact.
(b)
The compact administrator of each party state shall furnish to the compact
administrator of each other party state any information and documents including,
but not limited to, a uniform data set of investigations, identifying
information, licensure data, and disclosable alternative program participation
information to facilitate the administration of this compact.
(c)
Compact administrators shall have the authority to develop uniform rules to
facilitate and coordinate implementation of this compact. These uniform rules
shall be adopted by party states under the authority invested under paragraph
(4) of Code Section 43-26-76.
43-26-79.
No
party state, or the officers or employees or agents of a party state's nurse
licensing board, who acts in accordance with the provisions of this compact
shall be liable on account of any act or omission in good faith while engaged in
the performance of their duties under this compact. Good faith in this article
shall not include willful misconduct, gross negligence, or
recklessness.
43-26-80.
(a)
This compact shall enter into force and become effective as to any state when it
has been enacted into the laws of that state. Any party state may withdraw from
this compact by enacting a statute repealing the same but no such withdrawal
shall take effect until six months after the withdrawing state has given notice
of the withdrawal to the executive heads of all other party states.
(b)
No withdrawal shall affect the validity or applicability by the licensing boards
of states remaining party to the compact of any report of adverse action
occurring prior to the withdrawal.
(c)
Nothing contained in this compact shall be construed to invalidate or prevent
any nurse licensure agreement or other cooperative arrangement between a party
state and a nonparty state that is made in accordance with the other provisions
of this compact.
(d)
This compact may be amended by the party states. No amendment to this compact
shall become effective and binding upon the party states unless and until it is
enacted into the laws of all party states.
43-26-81.
(a)
This compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this compact shall be severable, and, if any phrase,
clause, sentence, or provision of this compact is declared to be contrary to the
constitution of any party state or of the United States or the applicability
thereof to any government, agency, person, or circumstance is held invalid, the
validity of the remainder of this compact and the applicability thereof to any
government, agency, person, or circumstance shall not be affected thereby. If
this compact shall be held contrary to the constitution of any state party
thereto, the compact shall remain in full force and effect as to the remaining
party states and in full force and effect as to the party state affected as to
all severable matters.
(b)
In the event party states find a need for settling disputes arising under this
compact:
(1)
The party states may submit the issues in dispute to an arbitration panel which
shall be composed of an individual appointed by the compact administrator in the
home state; an individual appointed by the compact administrator in each remote
state involved; and an individual mutually agreed upon by the compact
administrators of all the party states involved in the dispute; and
(2)
The decision of a majority of the arbitrators shall be final and
binding.
43-26-82.
(a)
This article shall become effective on January 1,
2011."
SECTION
2.
Said
chapter is further amended by revising Code Section 43-26-3, relating to
definitions for the "Georgia Registered Professional Nurse Practice Act," as
follows:
"43-26-3.
As
used in this article, the term:
(1)
'Advanced nursing practice' means practice by a registered professional nurse
who meets those educational, practice, certification requirements, or any
combination of such requirements, as specified by the board and includes
certified nurse midwives, nurse practitioners, certified registered nurse
anesthetists, clinical nurse specialists in psychiatric/mental health, and
others recognized by the board.
(1.1)
'Advanced practice registered nurse' means a registered professional nurse
licensed under this chapter who is recognized by the board as having met the
requirements established by the board to engage in advanced nursing practice and
who holds a master's degree or other graduate degree from an approved nursing
education program and national board certification in his or her area of
specialty, or a person who was recognized as an advanced practice registered
nurse by the board on or before June 30, 2006. This paragraph shall not be
construed to require a certified registered nurse anesthetist who graduated from
an approved nurse anesthetist educational program prior to January 1, 1999, to
hold a master's degree or other graduate degree.
(1.2)
'Approved nursing education program' located in this state means a nursing
education program approved by the board as meeting criteria established by the
board. An 'approved nursing education program' located outside this state means
a nursing education program that the board has determined to meet criteria
similar to and not less stringent than criteria established by the board. In
order to be approved by the board, a nursing education program must be one that
is offered by:
(A)
A unit of the University System of Georgia accredited by the Commission on
Colleges of the Southern Association of Colleges and Schools;
(B)
An institution of the Technical College System of Georgia accredited by the
Commission on Colleges of the Southern Association of Colleges and
Schools;
(C)
A nonprofit postsecondary institution of higher education that is accredited by
a regional accrediting agency recognized by the United States Department of
Education; or
(D)
A proprietary institution of higher education that is accredited by a regional
accrediting agency recognized by the United States Department of
Education.
(2)
'Board' means the Georgia Board of Nursing created in Code Section
43-26-4.
(2.1)
'Compact' means the Nurse Licensure Compact provided in Article 4 of this
chapter.
(2.2)
'Compact administrator' shall be the division director of the professional
licensing boards of Georgia.
(3)
'Consumer member' means a United States citizen and Georgia resident who is
knowledgeable about consumer health concerns, does not derive that person's
primary livelihood from the practice of nursing, and shall neither be, nor ever
have been, a health care provider or enrolled in any health related educational
program.
(4)
'License' means a current document, issued by the board, permitting a person to
practice nursing as a registered professional nurse or a licensed undergraduate
nurse. For
purposes of discipline, such term includes the multistate licensure privilege to
practice granted by the compact.
(5)
'Licensure' means the bestowing of a current license by the board permitting a
person to practice nursing as a registered professional nurse or a licensed
undergraduate nurse.
(6)
'Practice nursing' or 'practice of nursing' means to perform for compensation or
the performance for compensation of any act in the care and counsel of the ill,
injured, or infirm, and in the promotion and maintenance of health with
individuals, groups, or both throughout the life span. It requires substantial
specialized knowledge of the humanities, natural sciences, social sciences, and
nursing theory as a basis for assessment, nursing diagnosis, planning,
intervention, and evaluation. It includes, but is not limited to, provision of
nursing care; administration, supervision, evaluation, or any combination
thereof, of nursing practice; teaching; counseling; the administration of
medications and treatments as prescribed by a physician practicing medicine in
accordance with Article 2 of Chapter 34 of this title, or a dentist practicing
dentistry in accordance with Chapter 11 of this title, or a podiatrist
practicing podiatry in accordance with Chapter 35 of this title.
(7)
'Practice nursing as a licensed undergraduate nurse' means to practice nursing
by performing for compensation selected acts in the care of the ill, injured, or
infirm under the direction of a registered professional nurse, a physician
practicing medicine in accordance with Article 2 of Chapter 34 of this title, a
dentist practicing dentistry in accordance with Chapter 11 of this title, or a
podiatrist practicing podiatry in accordance with Chapter 35 of this
title.
(8)
'Practice nursing as a registered professional nurse' means to practice nursing
by performing for compensation any of the following:
(A)
Assessing the health status of individuals, groups, or both throughout the life
span;
(B)
Establishing a nursing diagnosis;
(C)
Establishing nursing goals to meet identified health care needs;
(D)
Planning, implementing, and evaluating nursing care;
(E)
Providing for safe and effective nursing care rendered directly or
indirectly;
(F)
Managing and supervising the practice of nursing;
(G)
Collaborating with other members of the health care team in the management of
care;
(H)
Teaching the theory and practice of nursing;
(I)
Administering, ordering, and dispensing medications, diagnostic studies, and
medical treatments authorized by protocol, when such acts are authorized by
other general laws and such acts are in conformity with those laws;
(J)
Administering medications and treatments as prescribed by a physician practicing
medicine in accordance with Article 2 of Chapter 34 of this title, a dentist
practicing dentistry in accordance with Chapter 11 of this title, or a
podiatrist practicing podiatry in accordance with Chapter 35 of this title;
or
(K)
Performing any other nursing act in the care and counsel of the ill, injured, or
infirm, and in the promotion and maintenance of health with individuals, groups,
or both throughout the life span.
(8.1)
'Privilege to practice' means the authorization to practice telephonic nursing
in the state as described in the compact.
(9)
'Registered professional nurse' means a person who is authorized by a license
issued under this article
or privileged
under the compact to practice nursing as a
registered professional nurse.
SECTION
3.
Said
chapter is further amended by revising Code Section 43-26-5, relating to general
powers of the board, as follows:
"(a)
The board shall:
(1)
Be responsible for the enforcement of the provisions of this article and shall
be specifically granted all of the necessary duties, powers, and authority to
carry out this responsibility;
(2)
Be authorized to draft, adopt, amend, repeal, and enforce such rules as it deems
necessary for the administration and enforcement of this article in the
protection of public health, safety, and welfare;
(3)
Enforce qualifications for licensure;
(4)
Develop and enforce reasonable and uniform standards for nursing education and
nursing practice;
(5)
Periodically evaluate nursing education programs and approve such programs as
meet the board's requirements;
(6)
Deny or withdraw approval from noncompliant nursing education
programs;
(7)
License duly qualified applicants by examination, endorsement, or
reinstatement;
(8)
Be authorized to issue temporary permits;
(9)
Renew licenses of registered professional nurses and licensed undergraduate
nurses in accordance with this article;
(10)
Be authorized to set standards for competency of licensees continuing in or
returning to practice;
(11)
Set standards for and regulate advanced nursing practice;
(12)
Be authorized to enact rules and regulations for registered professional nurses
in their performing acts under a nurse protocol as authorized in Code Section
43-34-23 and enact rules and regulations for advanced practice registered nurses
in performing acts as authorized in Code Section 43-34-25;
(13)
Implement the disciplinary process;
(14)
Be authorized to issue orders when a license is surrendered to the board while a
complaint, investigation, or disciplinary action against such license is
pending;
(15)
Issue a limited license to practice nursing subject to such terms and conditions
as the board may impose;
(16)
Provide consultation and conduct conferences, forums, studies, and research on
nursing education and nursing practice;
(17)
Approve the selection of a qualified person to serve as executive
director;
(18)
Be authorized to appoint standing or ad hoc committees as necessary to inform
and make recommendations to the board about issues and concerns and to
facilitate communication amongst the board, licensees, and the
community;
(19)
Maintain membership in the national organization which develops and regulates
the nursing licensing examination;
(20)
Be authorized to collect data regarding existing nursing resources in Georgia
and coordinate planning for nursing education and nursing practice;
(21)
Determine fees;
and
(22)
Adopt a seal which shall be in the care of the executive director and shall be
affixed only in such a manner as prescribed by the
board.;
(23)
Determine whether a right or obligation on license holders applies to nurses
privileged to practice in this state under a license by a state that is a party
to the compact unless that determination is inconsistent with the
compact;
(24)
Be responsible for taking action against registered professional nurses
privileged to practice in this state under a license issued by a state that is a
party to the multistate compact as authorized by the compact. The action shall
be taken in accordance with the same procedures for taking action against a
registered professional nurse licensed by Georgia;
(25)
Provide, for a reasonable fee, a registered professional nurse licensed in
Georgia with a copy of information regarding the nurse maintained by the
coordinated licensure information system of the compact;
(26)
Disclose personally identifiable information about the registered professional
nurse, including social security number, to the coordinated licensure
information system of the compact. The coordinated licensure information
system shall not share personally identifiable information with a state not a
party to the compact unless the state agrees not to disclose that information to
any other person; and
(27)
Enter into multistate compacts, contracts or agreements to facilitate the
practice and regulation of nursing in this
state."
SECTION
4.
Said
chapter is further amended by revising subsections (a) and (c) of Code Section
43-26-6, relating to use of the title of registered nurse, as
follows:
"(a)
Any person who is licensed as a registered professional nurse
or has a
privilege to practice under the compact
shall have the right to use the title 'registered professional nurse' and the
abbreviation 'R.N.' Any person recognized by the board as an advanced practice
registered nurse shall have the right to use the title 'advanced practice
registered nurse' and the abbreviation 'A.P.R.N.' No other person shall assume
such titles or use such abbreviations or any other words, letters, signs, or
symbols to indicate that such person is a registered professional nurse or an
advanced practice registered nurse in Georgia. Nothing in this subsection shall
be construed to repeal the right of any person who is licensed as a registered
professional nurse or recognized by the board as an advanced practice registered
nurse on June 30, 2006, to be licensed and to use the title 'registered
professional nurse' or to use the title 'advanced practice registered nurse,'
respectively."
"(c)
Any person who is licensed as a registered professional nurse
or has a
privilege to practice under the compact
shall identify that he or she is so licensed
or
privileged by displaying either the title
'registered professional nurse' or 'registered nurse,' the abbreviation 'R.N.,'
the title 'advanced practice registered nurse,' or the abbreviation 'A.P.R.N.'
on a name tag or other similar form of identification during times when such
person is providing direct patient care. An advanced practice registered nurse
shall meet the identification requirements of this subsection by displaying the
title or abbreviation of his or her area of specialization."
SECTION
5.
Said
chapter is further amended by revising Code Section 43-26-11, relating to denial
or revocation of licenses, as follows:
"In
addition to the authority granted in Code Section 43-1-19, the board shall have
the authority to refuse to grant a license to an applicant, to revoke the
license of a licensee, or to discipline a licensee
practicing
under a Georgia license or who has a privilege to practice under the
compact upon a finding by the board that
the applicant or licensee has:
(1)
Been 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
(2)(A)
Displayed an inability to practice nursing as a registered professional nurse or
licensed undergraduate nurse with reasonable skill and safety due to illness,
use of alcohol, drugs, narcotics, chemicals, or any other type of material, or
as a result of any mental or physical condition.
(B)
In enforcement of this paragraph, the board may, upon reasonable grounds,
require a licensee or applicant to submit to a mental or physical examination by
a board approved health care professional. The results of such examination
shall be admissible in any hearing before the board, notwithstanding any claim
of privilege under a contrary law or rule. Every person who is licensed to
practice nursing as a registered professional nurse or licensed undergraduate
nurse in this state or who shall file an application shall be deemed to have
given such person's consent to submit to such mental or physical examination and
to have waived all objections to the admissibility of the results in any hearing
before the board upon the grounds that the same constitutes a privileged
communication. If a licensee or applicant fails to submit to such an
examination when properly directed to do so by the board, unless such failure
was due to circumstances beyond that person's control, the board may enter a
final order upon proper notice, hearing, and proof of such refusal. Any
licensee or applicant who is prohibited from practicing under this paragraph
shall at reasonable intervals be afforded an opportunity to demonstrate to the
board that such person can resume or begin to practice with reasonable skill and
safety nursing as a registered professional nurse or licensed undergraduate
nurse.
(C)
In enforcement of this paragraph the board may, upon reasonable grounds, obtain
any and all records relating to the mental or physical condition of a licensee
or applicant, including psychiatric records; and such records shall be
admissible in any hearing before the board, notwithstanding any privilege under
a contrary rule of law or statute. Every person who is licensed as a registered
professional nurse or licensed undergraduate nurse in this state or who shall
file an application shall be deemed to have given such person's consent to the
board's obtaining any such records and to have waived all objections to the
admissibility of such records in any hearing before the board upon the grounds
that the same constitute a privileged communication."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.
