23 LC 33 9355
S. B. 164
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Senate Bill 164
By: Senators Hufstetler of the 52nd, Dolezal of the 27th, Brass of the 28th, Walker III of the
20th, Summers of the 13th and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to
1
nurses, so as to provide for licensure of advanced practice registered nurses; to revise2
definitions; to provide for licensure requirements; to provide for renewal of licenses; to3
provide for a misdemeanor to practice advanced nursing practice without a license; to4
provide for related matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is8
amended in Code Section 43-26-3, relating to definitions, by revising paragraphs (1) and9
(1.1) as follows:10
"(1) 'Advanced nursing practice' means practice in a population focus
by a registered11
professional nurse who is licensed by the board under this article or who holds a12
multistate license under Article 4 of this chapter who meets those educational, practice,13
certification requirements, or any combination of such requirements as specified in Code14
Section 43-26-7.1 and established by the board, and includes certified nurse midwives,15
certified nurse practitioners, certified registered nurse anesthetists, clinical nurse16 23 LC 33 9355
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specialists and clinical nurse specialists in psychiatric/mental health, and others17
recognized by the board.18
(1.1) 'Advanced practice registered nurse' means:19
(A) A person a registered professional nurse who is licensed by the board under this20
article or who holds a multistate license under Article 4 of this chapter, who is21
recognized by the board as having met the requirements as specified in Code Section22
43-26-7.1 and established by the board to engage in advanced nursing practice, and who23
holds a master's degree or other graduate degree from an approved nursing education24
program and national board certification in his or her area of specialty, within one of25
the following roles: a certified nurse midwife, a certified nurse practitioner, a certified26
registered nurse anesthetist, or a clinical nurse specialist or clinical nurse specialist in27
psychiatric/mental health; or28
(B) A a person who was recognized as an advanced practice registered nurse by the29
board on or before June 30, 2006.30
This paragraph shall not be construed to require a certified registered nurse anesthetist31
who graduated from an approved nurse anesthetist educational program prior to January32
1, 1999, to hold a master's degree or other graduate degree. Further, this paragraph shall33
not be construed to require a registered professional nurse who holds a multistate license34
under Article 4 of this chapter authorizing such nurse to practice in another party state35
under a multistate licensure privilege to obtain a single-state license from the board as a36
condition of receiving authorization licensure by the board to practice in this state as an37
advanced practice registered nurse."38
SECTION 2.39
Said chapter is further amended by adding a new Code section to read as follows:40 23 LC 33 9355
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"43-26-7.1.41
(a) Any applicant who meets the requirements of this Code section shall be eligible for42
licensure as an advanced practice registered nurse.43
(b) An applicant for initial licensure to practice as an advanced practice registered nurse44
shall:45
(1) Submit a completed written application and fee;46
(2) Be currently licensed by the board as a registered professional nurse or hold a47
multistate license under Article 4 of this chapter;48
(3) Have completed an accredited graduate or postgraduate level advanced practice49
registered nursing program in one of the four roles specified under subparagraph (A) of50
paragraph (1.1) of Code Section 43-26-3 and in at least one population focus;51
(4) Be currently certified by a national certifying body recognized by the board in an52
advanced practice registered nursing program in a role and population focus appropriate53
for educational preparation;54
(5) Have satisfactory results from a fingerprint record check report conducted by the55
Georgia Crime Information Center and the Federal Bureau of Investigation, as56
determined by the board. Application for licensure under this subsection shall constitute57
express consent and authorization for the board to perform a criminal background check.58
Each applicant who submits an application to the board for licensure agrees to provide59
the board with any and all information necessary to run a criminal background check,60
including, but not limited to, classifiable sets of fingerprints. The applicant shall be61
responsible for all fees associated with the performance of such criminal background62
check; and63
(6) Meet such other criteria as established by the board.64
(c) An applicant for reinstatement of licensure who has previously held a valid advanced65
practice registered nurse license in Georgia shall:66
(1) Submit a completed written application and fee;67 23 LC 33 9355
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(2) Meet continuing competency requirements as established by the board;68
(3) Have satisfactory results from a fingerprint record check report conducted by the69
Georgia Crime Information Center and the Federal Bureau of Investigation, as70
determined by the board. Application for reinstatement of licensure under this subsection71
shall constitute express consent and authorization for the board to perform a criminal72
background check. Each applicant who submits an application to the board for73
reinstatement of licensure agrees to provide the board with any and all information74
necessary to run a criminal background check, including, but not limited to, classifiable75
sets of fingerprints. The applicant shall be responsible for all fees associated with the76
performance of such criminal background check; and77
(4) Meet such other criteria as established by the board."78
SECTION 3.79
Said chapter is further amended by revising Code Section 43-26-9, relating to biennial80
renewal of licenses, continuing competency requirements, voluntary surrender or failure to81
renew license, and restoration and reissuance of license, as follows:82
"43-26-9.83
(a) Licenses issued under this article shall be renewed biennially according to schedules84
and fees approved by the board.85
(b) A renewed license shall be issued to a registered professional nurse or licensed86
undergraduate nurse who remits the required fee and complies with requirements87
established by the board.88
(b.1)(c) Beginning with the 2016 license renewal cycle, an applicant for license renewal89
as a registered professional under this article shall meet one of the following continuing90
competency requirements during the previous licensure period:91
(1) Completion of 30 continuing education hours by a board approved provider;92 23 LC 33 9355
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(2) Maintenance of certification or recertification by a national certifying body
93
recognized by the board;94
(3) Completion of an accredited academic program of study in nursing or a related field,95
as recognized by the board;96
(4) Verification of competency by a health care facility or entity licensed under Chapter97
7 of Title 31 or by a physician's office that is part of a health system and at least 50098
hours practiced as evidenced by employer certification on a form approved by the board;99
or100
(5) Other activities as prescribed and approved by the board that show competency in the101
nursing field.102
Failure to meet the minimum continuing competency requirement for renewal of a license103
shall be grounds for denial of a renewal application. The board may waive or modify the104
requirements contained in this subsection in cases of hardship, disability, or illness or under105
such other circumstances as the board, in its discretion, deems appropriate. An applicant106
who is renewing a license for the first time shall not be required to meet the requirements107
of this subsection until the time of the second renewal if the applicant's initial license108
period is six months or less.109
(d) Advanced practice registered nurse licenses issued under this article shall be issued to
110
an advanced practice registered nurse who remits the required fee and complies with111
requirements established by the board.112
(c)(e) The voluntary surrender of a license or the failure to renew a license by the end of113
an established penalty period shall have the same effect as a revocation of said license,114
subject to reinstatement at the discretion of the board. The board may restore and reissue115
a license and, as a condition thereof, may impose any disciplinary sanction provided by116
Code Section 43-1-19 or 43-26-11."117 23 LC 33 9355
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SECTION 4.
118
Said chapter is further amended by revising Code Section 43-26-10, relating to practicing as119
a registered professional nurse without a license prohibited, as follows:120
"43-26-10.121
It shall be a misdemeanor for any person, including any corporation, association, or122
individual, to:123
(1) Practice nursing as a registered professional nurse,
or advanced practice registered124
nurse without a valid, current license, except as otherwise permitted under Code Section125
43-26-12;126
(2) Practice nursing as a registered professional nurse or advanced practice registered127
nurse under cover of any diploma, license, or record illegally or fraudulently obtained,128
signed, or issued;129
(3) Practice nursing as a registered professional nurse or advanced practice registered130
nurse during the time the license is suspended, revoked, surrendered, or administratively131
revoked for failure to renew;132
(4) Use any words, abbreviations, figures, letters, title, sign, card, or device implying that133
such person is a registered professional nurse or advanced practice registered nurse unless134
such person is duly licensed or recognized by the board so to practice under the135
provisions of this article;136
(5) Fraudulently furnish a license to practice nursing as a registered professional nurse137
or advanced practice registered nurse;138
(6) Knowingly employ any person to practice nursing as a registered professional nurse139
or advanced practice registered nurse who is not a registered professional nurse or140
advanced practice registered nurse;141
(7) Conduct a nursing education program preparing persons to practice nursing as142
registered professional nurses unless the program has been approved by the board; or143
(8) Knowingly aid or abet any person to violate this article."144 23 LC 33 9355
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SECTION 5.
145
All laws and parts of laws in conflict with this Act are repealed.146