Georgia 2023-2024 Regular Session

Georgia Senate Bill SB449 Compare Versions

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11 24 LC 36 5861S
2-Senate Bill 449
3-By: Senators Walker III of the 20th, Kennedy of the 18th, Anavitarte of the 31st, Gooch of
4-the 51st, Payne of the 54th and others
5-AS PASSED
2+The House Committee on Regulated Industries offers the following substitute to SB 449:
63 A BILL TO BE ENTITLED
74 AN ACT
8-To amend various titles of the Official Code of Georgia Annotated so as to provide certain
9-1
5+To amend various titles of the Official Code of Georgia Annotated so as to provide certain1
106 licensure requirements, regulations, and prohibitions relating to nurses and other medical2
117 professionals; to amend Code Section 31-7-12.8 of the Official Code of Georgia Annotated,3
128 relating to certification as nursing aide and employer sponsored training and competency4
139 examination program, so as to change certain provisions relating to such certification and5
1410 programs; to allow certain military medical personnel to qualify for provisional certification6
1511 as a certified nursing aide; to amend Article 3 of Chapter 11 of Title 31 of the Official Code7
1612 of Georgia Annotated, relating to personnel regarding emergency medical services, so as to8
1713 allow certain military medical personnel to provisionally qualify as a paramedic, cardiac9
1814 technician, or an emergency medical technician; to amend Article 2 of Chapter 26 of Title10
1915 43 of the Official Code of Georgia Annotated, relating to licensed practical nurses, so as to11
2016 allow certain military medical personnel to provisionally qualify as a licensed practical nurse;12
2117 to provide for a definition; to amend Chapter 26 of Title 43 of the Official Code of Georgia13
2218 Annotated, relating to nurses, so as to provide for licensure of advanced practice registered14
2319 nurses; to provide for definitions; to provide for licensure requirements; to provide for15
2420 renewal of licenses; to provide for a misdemeanor to practice advanced nursing practice16
2521 without a license; to change a provision relating to certain information to be given to the17
26-S. B. 449
22+ S. B. 449 (SUB)
2723 - 1 - 24 LC 36 5861S
28-board by licensees to include certain hospitals; to provide for related matters; to repeal
29-18
24+board by licensees to include certain hospitals; to provide for related matters; to repeal18
3025 conflicting laws; and for other purposes.19
3126 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20
3227 PART I21
3328 SECTION 1-1.22
3429 Code Section 31-7-12.8 of the Official Code of Georgia Annotated, relating to certification23
3530 as nursing aide and employer sponsored training and competency examination program, is24
3631 amended by revising subsection (b) and adding two new subsections to read as follows:25
3732 "(b) The department shall approve employer based programs sponsored by or offered in26
3833 assisted living communities, private home care providers, personal care homes, or other27
3934 long-term care facilities licensed by the department for certified nurse aide training and28
40-competency examination programs, in the same manner as such programs are approved in
41-29
35+competency examination programs, in the same manner as such programs are approved in29
4236 nursing homes, as determined by the department. The department shall require all30
4337 employer based programs to meet the requirements set forth in 42 C.F.R. 483.152 and other31
4438 applicable laws and regulations.32
4539 (c) The department, in collaboration with the Department of Veterans Service, shall33
4640 establish a program through which military medical personnel may provisionally operate34
4741 within their scope of practice and training for a period of 12 months without meeting the35
4842 examination requirements provided for in paragraph (2) of subsection (a) of this Code36
4943 section. During such 12 month period, such individual may apply for certification at the37
5044 appropriate level.38
5145 (d) For purposes of this Code section, the term 'military medical personnel' means an39
5246 individual who has, within 12 months of seeking certification pursuant to this Code section,40
5347 served as a medic in the United States Army, medical technician in the United States Air41
54-S. B. 449
48+ S. B. 449 (SUB)
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5650 Force, or corpsman in the United States Navy or Coast Guard and who was discharged or42
5751 released from such service under conditions other than dishonorable."43
5852 SECTION 1-2.44
5953 Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to45
6054 personnel regarding emergency medical services, is amended by revising Code Section46
6155 31-11-52, relating to certification and recertification of, and training for, paramedics and47
6256 cardiac technicians and qualifications by felons, as follows:48
6357 "31-11-52.49
6458 (a) The department shall establish procedures and standards for certifying and recertifying50
6559 paramedics and cardiac technicians. An applicant for initial certification as a paramedic51
6660 or a cardiac technician must shall:52
6761 (1) Submit a completed application on a form to be prescribed by the department, which53
6862 shall include evidence that the applicant is 18 years of age or older and is of good moral54
6963 character;55
7064 (2) Submit from the department a notarized statement that the applicant has completed56
7165 a training course approved by the department;57
7266 (3) Submit to the department a fee as set forth in the regulations of the department; and58
7367 (4) Meet such other requirements as are set forth in the rules and regulations of the59
7468 department.60
7569 (b) The department shall also adopt procedures and standards for its approval of paramedic61
7670 training courses and cardiac technician training courses. The department shall adopt such62
7771 regulations after consultation with appropriate public and private agencies and63
7872 organizations concerned with medical education and the practice of medicine. Procedures64
7973 and standards adopted by the department shall be consistent with the purposes and65
8074 provisions of this chapter.66
81-S. B. 449
75+ S. B. 449 (SUB)
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83-(c) An applicant convicted of a felony more than five but less than ten years prior to
84-67
77+(c) An applicant convicted of a felony more than five but less than ten years prior to67
8578 application shall not be disqualified for certification, provided that such applicant has:68
8679 (1) Successfully completed a training program approved by the department and69
8780 sponsored by the Department of Corrections pursuant to Code Section 42-5-57; and70
8881 (2) Met all other requirements as set forth in this chapter.71
89-(d) The department, in collaboration with the Department of Veterans Service, shall
90-72
82+(d) The department, in collaboration with the Department of Veterans Service, shall72
9183 establish a program through which military medical personnel may provisionally operate73
9284 within their scope of practice and training for a period of 12 months without meeting the74
9385 requirements provided for in paragraphs (2) and (4) of subsection (a) of this Code section. 75
9486 The program established pursuant to this subsection shall not conflict with or supplant76
9587 Code Section 38-3-71 or Georgia's status as a member of the EMS Interstate Compact.77
9688 (e) For purposes of this Code section, the term 'military medical personnel' means an78
9789 individual who has, within 12 months of seeking certification pursuant to this Code section,79
9890 served as a medic in the United States Army, medical technician in the United States Air80
9991 Force, or corpsman in the United States Navy or Coast Guard and who was discharged or81
10092 released from such service under conditions other than dishonorable."82
10193 SECTION 1-3.83
10294 Said article is further amended by revising Code Section 31-11-53, relating to services which84
10395 may be rendered by certified emergency medical technicians and trainees, by adding two new85
10496 subsections to read as follows:86
10597 "(c) The department, in collaboration with the Department of Veterans Service, shall87
10698 establish a program through which military medical personnel may provisionally operate88
10799 within their scope of practice and training without additional training, experience, or89
108100 examination for a period of up to 12 months. During such 12 month period, such90
109101 individual may apply for certification at the appropriate level. The program established91
110-S. B. 449
102+ S. B. 449 (SUB)
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112104 pursuant to this subsection shall not conflict with or supplant Code Section 38-3-71 or92
113105 Georgia's status as a member of the EMS Interstate Compact.93
114106 (d) For purposes of this Code section, the term 'military medical personnel' means an94
115107 individual who has, within 12 months of seeking certification pursuant to this Code section,95
116108 served as a medic in the United States Army, medical technician in the United States Air96
117109 Force, or corpsman in the United States Navy or Coast Guard and who was discharged or97
118110 released from such service under conditions other than dishonorable."98
119111 SECTION 1-4.99
120112 Article 2 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to100
121113 licensed practical nurses, is amended by revising Code Section 43-26-36, relating to101
122114 application for licensure and examination, by adding two new subsections to read as follows:102
123115 "(c) Notwithstanding Code Section 43-1-35, or any other provision of law, the board, in103
124116 collaboration with the Department of Veterans Service, shall establish a program through104
125117 which military medical personnel may provisionally operate within their scope of practice105
126118 and training for a period of 12 months without meeting the requirements provided for in106
127119 paragraphs (3), (5), and (6) of subsection (a) of this Code section.107
128120 (d) For purposes of this Code section, the term 'military medical personnel' means an108
129121 individual who has, within 12 months of seeking licensure pursuant to this Code section,109
130122 served as a medic in the United States Army, medical technician in the United States Air110
131123 Force, or corpsman in the United States Navy or Coast Guard and who was discharged or111
132124 released from such service under conditions other than dishonorable."112
133-S. B. 449
125+ S. B. 449 (SUB)
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135-PART II
136-113
127+PART II113
137128 SECTION 2-1.114
138129 Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is115
139130 amended in Code Section 43-26-3, relating to definitions relative to nurses, by revising116
140131 paragraphs (1) and (1.1) as follows:117
141-"(1) 'Advanced nursing practice' means practice in a population focus
142- by a registered118
132+"(1) 'Advanced nursing practice' means practice in a population focus by a registered118
143133 professional nurse who is licensed by the board under this article or who holds a119
144134 multistate license under Article 4 of this chapter who meets those educational, practice,120
145135 certification requirements, or any combination of such requirements as specified in Code121
146136 Section 43-26-7.1 and established by the board, and includes certified nurse midwives,122
147137 certified nurse practitioners, certified registered nurse anesthetists, clinical nurse123
148138 specialists and clinical nurse specialists in psychiatric/mental health, and others124
149139 recognized by the board.125
150140 (1.1) 'Advanced practice registered nurse' means:126
151141 (A) A person a registered professional nurse who is licensed by the board under this127
152142 article or who holds a multistate license under Article 4 of this chapter, who is128
153143 recognized by the board as having met the requirements as specified in Code Section129
154144 43-26-7.1 and established by the board to engage in advanced nursing practice, and who130
155145 holds a master's degree or other graduate degree from an approved nursing education131
156146 program and national board certification in his or her area of specialty, within one of132
157147 the following roles: a certified nurse midwife, a certified nurse practitioner, a certified133
158148 registered nurse anesthetist, or a clinical nurse specialist or clinical nurse specialist in134
159149 psychiatric/mental health; or135
160150 (B) A a person who was recognized as an advanced practice registered nurse by the136
161151 board on or before June 30, 2006.137
162-S. B. 449
152+ S. B. 449 (SUB)
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164-This paragraph shall not be construed to require a certified registered nurse anesthetist
165-138
154+This paragraph shall not be construed to require a certified registered nurse anesthetist138
166155 who graduated from an approved nurse anesthetist educational program prior to January139
167156 1, 1999, to hold a master's degree or other graduate degree. Further, this paragraph shall140
168157 not be construed to require a registered professional nurse who holds a multistate license141
169158 under Article 4 of this chapter authorizing such nurse to practice in another party state142
170159 under a multistate licensure privilege to obtain a single-state license from the board as a143
171-condition of receiving authorization
172- licensure by the board to practice in this state as an144
160+condition of receiving authorization licensure by the board to practice in this state as an144
173161 advanced practice registered nurse."145
174162 SECTION 2-2.146
175163 Said chapter is further amended by adding a new Code section to read as follows:147
176164 "43-26-7.1.148
177165 (a) On and after September 1, 2025, any applicant who meets the requirements of this149
178166 Code section shall be eligible for licensure as an advanced practice registered nurse.150
179167 (b)(1) Except as otherwise provided in paragraph (2) of this subsection, an applicant for151
180168 initial licensure to practice as an advanced practice registered nurse shall:152
181169 (A) Submit a completed written application and fee;153
182170 (B) Be currently licensed by the board as a registered professional nurse or hold a154
183171 multistate license under Article 4 of this chapter;155
184172 (C) Have completed an accredited graduate or postgraduate level advanced practice156
185173 registered nursing program in one of the four roles specified under subparagraph (A)157
186174 of paragraph (1.1) of Code Section 43-26-3 and in at least one population focus;158
187175 (D) Be currently certified by a national certifying body recognized by the board in an159
188176 advanced practice registered nursing program in a role and population focus appropriate160
189177 for educational preparation;161
190178 (E) Have satisfactory results from a fingerprint record check report conducted by the162
191179 Georgia Crime Information Center and the Federal Bureau of Investigation, as163
192-S. B. 449
180+ S. B. 449 (SUB)
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194182 determined by the board. Application for licensure under this subsection shall164
195183 constitute express consent and authorization for the board to perform a criminal165
196184 background check. Each applicant who submits an application to the board for166
197185 licensure agrees to provide the board with any and all information necessary to run a167
198186 criminal background check, including, but not limited to, classifiable sets of168
199187 fingerprints. The applicant shall be responsible for all fees associated with the169
200188 performance of such criminal background check; and170
201189 (F) Meet such other criteria as established by the board.171
202190 (2) A person who is authorized by the board to practice as an advanced practice registered172
203191 nurse as of September 1, 2025, shall by operation of law be automatically licensed to173
204192 practice as an advanced practice registered nurse on such date.174
205193 (c) An applicant for reinstatement of licensure who has previously held a valid advanced175
206194 practice registered nurse license in Georgia or authorization to practice as an advanced176
207195 practice registered nurse in Georgia prior to September 1, 2025, shall:177
208196 (1) Submit a completed written application and fee;178
209197 (2) Meet continuing competency requirements as established by the board;179
210198 (3) Have satisfactory results from a fingerprint record check report conducted by the180
211199 Georgia Crime Information Center and the Federal Bureau of Investigation, as181
212200 determined by the board. Application for reinstatement of licensure under this subsection182
213201 shall constitute express consent and authorization for the board to perform a criminal183
214202 background check. Each applicant who submits an application to the board for184
215203 reinstatement of licensure agrees to provide the board with any and all information185
216204 necessary to run a criminal background check, including, but not limited to, classifiable186
217205 sets of fingerprints. The applicant shall be responsible for all fees associated with the187
218206 performance of such criminal background check; and188
219207 (4) Meet such other criteria as established by the board."189
220-S. B. 449
208+ S. B. 449 (SUB)
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222-SECTION 2-3.
223-190
210+SECTION 2-3.190
224211 Said chapter is further amended by revising Code Section 43-26-9, relating to biennial191
225212 renewal of nursing licenses, continuing competency requirements, voluntary surrender or192
226213 failure to renew license, and restoration and reissuance of license, as follows:193
227214 "43-26-9.194
228215 (a) Licenses issued under this article shall be renewed biennially according to schedules195
229216 and fees approved by the board.196
230-(b) A renewed license shall be issued to a registered professional nurse, advanced practice
231-197
217+(b) A renewed license shall be issued to a registered professional nurse, advanced practice197
232218 registered nurse, or licensed undergraduate nurse who remits the required fee and complies198
233219 with requirements established by the board.199
234220 (b.1)(c) Beginning with the 2016 license renewal cycle, an applicant for license renewal200
235221 as a registered professional nurse under this article shall meet one of the following201
236222 continuing competency requirements during the previous licensure period:202
237223 (1) Completion of 30 continuing education hours by a board approved provider;203
238224 (2) Maintenance of certification or recertification by a national certifying body204
239225 recognized by the board;205
240226 (3) Completion of an accredited academic program of study in nursing or a related field,206
241227 as recognized by the board;207
242228 (4) Verification of competency by a health care facility or entity licensed under208
243229 Chapter 7 of Title 31 or operated exclusively by the federal government or any of its209
244230 agencies or by a physician's office that is part of a health system and at least 500 hours210
245231 practiced as evidenced by employer certification on a form approved by the board; or211
246232 (5) Other activities as prescribed and approved by the board that show competency in the212
247233 nursing field.213
248234 Failure to meet the minimum continuing competency requirement for renewal of a license214
249235 shall be grounds for denial of a renewal application. The board may waive or modify the215
250236 requirements contained in this subsection in cases of hardship, disability, or illness or under216
251-S. B. 449
237+ S. B. 449 (SUB)
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253-such other circumstances as the board, in its discretion, deems appropriate. An applicant
254-217
239+such other circumstances as the board, in its discretion, deems appropriate. An applicant217
255240 who is renewing a license for the first time shall not be required to meet the requirements218
256241 of this subsection until the time of the second renewal if the applicant's initial license219
257242 period is six months or less.220
258-(c)
259-(d) The voluntary surrender of a license or the failure to renew a license by the end of221
243+(c)(d) The voluntary surrender of a license or the failure to renew a license by the end of221
260244 an established penalty period shall have the same effect as a revocation of said license,222
261245 subject to reinstatement at the discretion of the board. The board may restore and reissue223
262246 a license and, as a condition thereof, may impose any disciplinary sanction provided by224
263247 Code Section 43-1-19 or 43-26-11."225
264248 SECTION 2-4.226
265249 Said chapter is further amended by revising Code Section 43-26-10, relating to practicing as227
266250 a registered professional nurse without a license prohibited, as follows:228
267251 "43-26-10.229
268252 It shall be a misdemeanor for any person, including any corporation, association, or230
269253 individual, to:231
270254 (1) Practice nursing as a registered professional nurse, or advanced practice registered232
271255 nurse without a valid, current license, except as otherwise permitted under Code Section233
272256 43-26-12;234
273257 (2) Practice nursing as a registered professional nurse or advanced practice registered235
274258 nurse under cover of any diploma, license, or record illegally or fraudulently obtained,236
275259 signed, or issued;237
276260 (3) Practice nursing as a registered professional nurse or advanced practice registered238
277261 nurse during the time the license is suspended, revoked, surrendered, or administratively239
278262 revoked for failure to renew;240
279263 (4) Use any words, abbreviations, figures, letters, title, sign, card, or device implying that241
280264 such person is a registered professional nurse or advanced practice registered nurse unless242
281-S. B. 449
265+ S. B. 449 (SUB)
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283-such person is duly licensed or recognized by the board so to practice under the
284-243
267+such person is duly licensed or recognized by the board so to practice under the243
285268 provisions of this article;244
286269 (5) Fraudulently furnish a license to practice nursing as a registered professional nurse245
287-or advanced practice registered nurse
288-;246
270+or advanced practice registered nurse;246
289271 (6) Knowingly employ any person to practice nursing as a registered professional nurse247
290272 or advanced practice registered nurse who is not a registered professional nurse or248
291273 advanced practice registered nurse;249
292274 (7) Conduct a nursing education program preparing persons to practice nursing as250
293275 registered professional nurses unless the program has been approved by the board; or251
294276 (8) Knowingly aid or abet any person to violate this article."252
295277 SECTION 2-5.253
296278 Said chapter is further amendment by revising Code Section 43-26-13, relating to certain254
297279 information given to the board by licenses, as follows:255
298280 "43-26-13.256
299281 (a) A licensee may, in lieu of providing his or her home address, provide the board a257
300282 legitimate business address for purposes of the public information made available by the258
301283 board with regard to licensed registered professional nurses.259
302284 (b) Notwithstanding any other provision of this chapter, any reference to a rural hospital260
303285 organization in this chapter shall also include any hospital located in any county that261
304286 satisfies the definition of rural hospital organization in Code Section 31-8-9.1."262
305287 PART III263
306288 SECTION 3-1.264
307289 All laws and parts of laws in conflict with this Act are repealed.265
308-S. B. 449
290+ S. B. 449 (SUB)
309291 - 11 -