24 LC 36 5861S
Senate Bill 449
By: Senators Walker III of the 20th, Kennedy of the 18th, Anavitarte of the 31st, Gooch of
the 51st, Payne of the 54th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend various titles of the Official Code of Georgia Annotated so as to provide certain
1
licensure requirements, regulations, and prohibitions relating to nurses and other medical2
professionals; to amend Code Section 31-7-12.8 of the Official Code of Georgia Annotated,3
relating to certification as nursing aide and employer sponsored training and competency4
examination program, so as to change certain provisions relating to such certification and5
programs; to allow certain military medical personnel to qualify for provisional certification6
as a certified nursing aide; to amend Article 3 of Chapter 11 of Title 31 of the Official Code7
of Georgia Annotated, relating to personnel regarding emergency medical services, so as to8
allow certain military medical personnel to provisionally qualify as a paramedic, cardiac9
technician, or an emergency medical technician; to amend Article 2 of Chapter 26 of Title10
43 of the Official Code of Georgia Annotated, relating to licensed practical nurses, so as to11
allow certain military medical personnel to provisionally qualify as a licensed practical nurse;12
to provide for a definition; to amend Chapter 26 of Title 43 of the Official Code of Georgia13
Annotated, relating to nurses, so as to provide for licensure of advanced practice registered14
nurses; to provide for definitions; to provide for licensure requirements; to provide for15
renewal of licenses; to provide for a misdemeanor to practice advanced nursing practice16
without a license; to change a provision relating to certain information to be given to the17
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board by licensees to include certain hospitals; to provide for related matters; to repeal
18
conflicting laws; and for other purposes.19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20
PART I21
SECTION 1-1.22
Code Section 31-7-12.8 of the Official Code of Georgia Annotated, relating to certification23
as nursing aide and employer sponsored training and competency examination program, is24
amended by revising subsection (b) and adding two new subsections to read as follows:25
"(b) The department shall approve employer based programs sponsored by or offered in26
assisted living communities, private home care providers, personal care homes, or other27
long-term care facilities licensed by the department for certified nurse aide training and28
competency examination programs, in the same manner as such programs are approved in
29
nursing homes, as determined by the department. The department shall require all30
employer based programs to meet the requirements set forth in 42 C.F.R. 483.152 and other31
applicable laws and regulations.32
(c) The department, in collaboration with the Department of Veterans Service, shall33
establish a program through which military medical personnel may provisionally operate34
within their scope of practice and training for a period of 12 months without meeting the35
examination requirements provided for in paragraph (2) of subsection (a) of this Code36
section. During such 12 month period, such individual may apply for certification at the37
appropriate level.38
(d) For purposes of this Code section, the term 'military medical personnel' means an39
individual who has, within 12 months of seeking certification pursuant to this Code section,40
served as a medic in the United States Army, medical technician in the United States Air41
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Force, or corpsman in the United States Navy or Coast Guard and who was discharged or42
released from such service under conditions other than dishonorable."43
SECTION 1-2.44
Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to45
personnel regarding emergency medical services, is amended by revising Code Section46
31-11-52, relating to certification and recertification of, and training for, paramedics and47
cardiac technicians and qualifications by felons, as follows:48
"31-11-52.49
(a) The department shall establish procedures and standards for certifying and recertifying50
paramedics and cardiac technicians. An applicant for initial certification as a paramedic51
or a cardiac technician must shall:52
(1) Submit a completed application on a form to be prescribed by the department, which53
shall include evidence that the applicant is 18 years of age or older and is of good moral54
character;55
(2) Submit from the department a notarized statement that the applicant has completed56
a training course approved by the department;57
(3) Submit to the department a fee as set forth in the regulations of the department; and58
(4) Meet such other requirements as are set forth in the rules and regulations of the59
department.60
(b) The department shall also adopt procedures and standards for its approval of paramedic61
training courses and cardiac technician training courses. The department shall adopt such62
regulations after consultation with appropriate public and private agencies and63
organizations concerned with medical education and the practice of medicine. Procedures64
and standards adopted by the department shall be consistent with the purposes and65
provisions of this chapter.66
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(c) An applicant convicted of a felony more than five but less than ten years prior to
67
application shall not be disqualified for certification, provided that such applicant has:68
(1) Successfully completed a training program approved by the department and69
sponsored by the Department of Corrections pursuant to Code Section 42-5-57; and70
(2) Met all other requirements as set forth in this chapter.71
(d) The department, in collaboration with the Department of Veterans Service, shall
72
establish a program through which military medical personnel may provisionally operate73
within their scope of practice and training for a period of 12 months without meeting the74
requirements provided for in paragraphs (2) and (4) of subsection (a) of this Code section. 75
The program established pursuant to this subsection shall not conflict with or supplant76
Code Section 38-3-71 or Georgia's status as a member of the EMS Interstate Compact.77
(e) For purposes of this Code section, the term 'military medical personnel' means an78
individual who has, within 12 months of seeking certification pursuant to this Code section,79
served as a medic in the United States Army, medical technician in the United States Air80
Force, or corpsman in the United States Navy or Coast Guard and who was discharged or81
released from such service under conditions other than dishonorable."82
SECTION 1-3.83
Said article is further amended by revising Code Section 31-11-53, relating to services which84
may be rendered by certified emergency medical technicians and trainees, by adding two new85
subsections to read as follows:86
"(c) The department, in collaboration with the Department of Veterans Service, shall87
establish a program through which military medical personnel may provisionally operate88
within their scope of practice and training without additional training, experience, or89
examination for a period of up to 12 months. During such 12 month period, such90
individual may apply for certification at the appropriate level. The program established91
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pursuant to this subsection shall not conflict with or supplant Code Section 38-3-71 or92
Georgia's status as a member of the EMS Interstate Compact.93
(d) For purposes of this Code section, the term 'military medical personnel' means an94
individual who has, within 12 months of seeking certification pursuant to this Code section,95
served as a medic in the United States Army, medical technician in the United States Air96
Force, or corpsman in the United States Navy or Coast Guard and who was discharged or97
released from such service under conditions other than dishonorable."98
SECTION 1-4.99
Article 2 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to100
licensed practical nurses, is amended by revising Code Section 43-26-36, relating to101
application for licensure and examination, by adding two new subsections to read as follows:102
"(c) Notwithstanding Code Section 43-1-35, or any other provision of law, the board, in103
collaboration with the Department of Veterans Service, shall establish a program through104
which military medical personnel may provisionally operate within their scope of practice105
and training for a period of 12 months without meeting the requirements provided for in106
paragraphs (3), (5), and (6) of subsection (a) of this Code section.107
(d) For purposes of this Code section, the term 'military medical personnel' means an108
individual who has, within 12 months of seeking licensure pursuant to this Code section,109
served as a medic in the United States Army, medical technician in the United States Air110
Force, or corpsman in the United States Navy or Coast Guard and who was discharged or111
released from such service under conditions other than dishonorable."112
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PART II
113
SECTION 2-1.114
Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is115
amended in Code Section 43-26-3, relating to definitions relative to nurses, by revising116
paragraphs (1) and (1.1) as follows:117
"(1) 'Advanced nursing practice' means practice in a population focus
by a registered118
professional nurse who is licensed by the board under this article or who holds a119
multistate license under Article 4 of this chapter who meets those educational, practice,120
certification requirements, or any combination of such requirements as specified in Code121
Section 43-26-7.1 and established by the board, and includes certified nurse midwives,122
certified nurse practitioners, certified registered nurse anesthetists, clinical nurse123
specialists and clinical nurse specialists in psychiatric/mental health, and others124
recognized by the board.125
(1.1) 'Advanced practice registered nurse' means:126
(A) A person a registered professional nurse who is licensed by the board under this127
article or who holds a multistate license under Article 4 of this chapter, who is128
recognized by the board as having met the requirements as specified in Code Section129
43-26-7.1 and established by the board to engage in advanced nursing practice, and who130
holds a master's degree or other graduate degree from an approved nursing education131
program and national board certification in his or her area of specialty, within one of132
the following roles: a certified nurse midwife, a certified nurse practitioner, a certified133
registered nurse anesthetist, or a clinical nurse specialist or clinical nurse specialist in134
psychiatric/mental health; or135
(B) A a person who was recognized as an advanced practice registered nurse by the136
board on or before June 30, 2006.137
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This paragraph shall not be construed to require a certified registered nurse anesthetist
138
who graduated from an approved nurse anesthetist educational program prior to January139
1, 1999, to hold a master's degree or other graduate degree. Further, this paragraph shall140
not be construed to require a registered professional nurse who holds a multistate license141
under Article 4 of this chapter authorizing such nurse to practice in another party state142
under a multistate licensure privilege to obtain a single-state license from the board as a143
condition of receiving authorization
licensure by the board to practice in this state as an144
advanced practice registered nurse."145
SECTION 2-2.146
Said chapter is further amended by adding a new Code section to read as follows:147
"43-26-7.1.148
(a) On and after September 1, 2025, any applicant who meets the requirements of this149
Code section shall be eligible for licensure as an advanced practice registered nurse.150
(b)(1) Except as otherwise provided in paragraph (2) of this subsection, an applicant for151
initial licensure to practice as an advanced practice registered nurse shall:152
(A) Submit a completed written application and fee;153
(B) Be currently licensed by the board as a registered professional nurse or hold a154
multistate license under Article 4 of this chapter;155
(C) Have completed an accredited graduate or postgraduate level advanced practice156
registered nursing program in one of the four roles specified under subparagraph (A)157
of paragraph (1.1) of Code Section 43-26-3 and in at least one population focus;158
(D) Be currently certified by a national certifying body recognized by the board in an159
advanced practice registered nursing program in a role and population focus appropriate160
for educational preparation;161
(E) Have satisfactory results from a fingerprint record check report conducted by the162
Georgia Crime Information Center and the Federal Bureau of Investigation, as163
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determined by the board. Application for licensure under this subsection shall164
constitute express consent and authorization for the board to perform a criminal165
background check. Each applicant who submits an application to the board for166
licensure agrees to provide the board with any and all information necessary to run a167
criminal background check, including, but not limited to, classifiable sets of168
fingerprints. The applicant shall be responsible for all fees associated with the169
performance of such criminal background check; and170
(F) Meet such other criteria as established by the board.171
(2) A person who is authorized by the board to practice as an advanced practice registered172
nurse as of September 1, 2025, shall by operation of law be automatically licensed to173
practice as an advanced practice registered nurse on such date.174
(c) An applicant for reinstatement of licensure who has previously held a valid advanced175
practice registered nurse license in Georgia or authorization to practice as an advanced176
practice registered nurse in Georgia prior to September 1, 2025, shall:177
(1) Submit a completed written application and fee;178
(2) Meet continuing competency requirements as established by the board;179
(3) Have satisfactory results from a fingerprint record check report conducted by the180
Georgia Crime Information Center and the Federal Bureau of Investigation, as181
determined by the board. Application for reinstatement of licensure under this subsection182
shall constitute express consent and authorization for the board to perform a criminal183
background check. Each applicant who submits an application to the board for184
reinstatement of licensure agrees to provide the board with any and all information185
necessary to run a criminal background check, including, but not limited to, classifiable186
sets of fingerprints. The applicant shall be responsible for all fees associated with the187
performance of such criminal background check; and188
(4) Meet such other criteria as established by the board."189
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SECTION 2-3.
190
Said chapter is further amended by revising Code Section 43-26-9, relating to biennial191
renewal of nursing licenses, continuing competency requirements, voluntary surrender or192
failure to renew license, and restoration and reissuance of license, as follows:193
"43-26-9.194
(a) Licenses issued under this article shall be renewed biennially according to schedules195
and fees approved by the board.196
(b) A renewed license shall be issued to a registered professional nurse, advanced practice
197
registered nurse, or licensed undergraduate nurse who remits the required fee and complies198
with requirements established by the board.199
(b.1)(c) Beginning with the 2016 license renewal cycle, an applicant for license renewal200
as a registered professional nurse under this article shall meet one of the following201
continuing competency requirements during the previous licensure period:202
(1) Completion of 30 continuing education hours by a board approved provider;203
(2) Maintenance of certification or recertification by a national certifying body204
recognized by the board;205
(3) Completion of an accredited academic program of study in nursing or a related field,206
as recognized by the board;207
(4) Verification of competency by a health care facility or entity licensed under208
Chapter 7 of Title 31 or operated exclusively by the federal government or any of its209
agencies or by a physician's office that is part of a health system and at least 500 hours210
practiced as evidenced by employer certification on a form approved by the board; or211
(5) Other activities as prescribed and approved by the board that show competency in the212
nursing field.213
Failure to meet the minimum continuing competency requirement for renewal of a license214
shall be grounds for denial of a renewal application. The board may waive or modify the215
requirements contained in this subsection in cases of hardship, disability, or illness or under216
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such other circumstances as the board, in its discretion, deems appropriate. An applicant
217
who is renewing a license for the first time shall not be required to meet the requirements218
of this subsection until the time of the second renewal if the applicant's initial license219
period is six months or less.220
(c)
(d) The voluntary surrender of a license or the failure to renew a license by the end of221
an established penalty period shall have the same effect as a revocation of said license,222
subject to reinstatement at the discretion of the board. The board may restore and reissue223
a license and, as a condition thereof, may impose any disciplinary sanction provided by224
Code Section 43-1-19 or 43-26-11."225
SECTION 2-4.226
Said chapter is further amended by revising Code Section 43-26-10, relating to practicing as227
a registered professional nurse without a license prohibited, as follows:228
"43-26-10.229
It shall be a misdemeanor for any person, including any corporation, association, or230
individual, to:231
(1) Practice nursing as a registered professional nurse, or advanced practice registered232
nurse without a valid, current license, except as otherwise permitted under Code Section233
43-26-12;234
(2) Practice nursing as a registered professional nurse or advanced practice registered235
nurse under cover of any diploma, license, or record illegally or fraudulently obtained,236
signed, or issued;237
(3) Practice nursing as a registered professional nurse or advanced practice registered238
nurse during the time the license is suspended, revoked, surrendered, or administratively239
revoked for failure to renew;240
(4) Use any words, abbreviations, figures, letters, title, sign, card, or device implying that241
such person is a registered professional nurse or advanced practice registered nurse unless242
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such person is duly licensed or recognized by the board so to practice under the
243
provisions of this article;244
(5) Fraudulently furnish a license to practice nursing as a registered professional nurse245
or advanced practice registered nurse
;246
(6) Knowingly employ any person to practice nursing as a registered professional nurse247
or advanced practice registered nurse who is not a registered professional nurse or248
advanced practice registered nurse;249
(7) Conduct a nursing education program preparing persons to practice nursing as250
registered professional nurses unless the program has been approved by the board; or251
(8) Knowingly aid or abet any person to violate this article."252
SECTION 2-5.253
Said chapter is further amendment by revising Code Section 43-26-13, relating to certain254
information given to the board by licenses, as follows:255
"43-26-13.256
(a) A licensee may, in lieu of providing his or her home address, provide the board a257
legitimate business address for purposes of the public information made available by the258
board with regard to licensed registered professional nurses.259
(b) Notwithstanding any other provision of this chapter, any reference to a rural hospital260
organization in this chapter shall also include any hospital located in any county that261
satisfies the definition of rural hospital organization in Code Section 31-8-9.1."262
PART III263
SECTION 3-1.264
All laws and parts of laws in conflict with this Act are repealed.265
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