| 1 | 1 | | 25 LC 46 1050 |
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| 2 | 2 | | House Bill 329 |
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| 3 | 3 | | By: Representatives Hilton of the 48 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Silcox of the 53 |
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| 6 | 6 | | rd |
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| 7 | 7 | | , Hawkins of the 27 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Cooper of the |
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| 10 | 10 | | 45 |
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| 11 | 11 | | th |
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| 12 | 12 | | , Franklin of the 160 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, |
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| 18 | 18 | | 1 |
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| 19 | 19 | | relating to medical practice, so as to authorize certified nurse practitioners and physician2 |
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| 20 | 20 | | assistants to perform artificial insemination; to provide for definitions; to provide for related3 |
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| 21 | 21 | | matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.4 |
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| 22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 23 | 23 | | SECTION 1.6 |
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| 24 | 24 | | Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to7 |
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| 25 | 25 | | medical practice, is amended by revising Code Section 43-34-37, relating to persons8 |
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| 26 | 26 | | authorized to perform artificial insemination and civil liability of physician or surgeon, as9 |
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| 27 | 27 | | follows:10 |
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| 28 | 28 | | "43-34-37.11 |
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| 29 | 29 | | (a) As used in this Code section, the term: |
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| 30 | 30 | | 12 |
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| 31 | 31 | | (1) 'Additional duty' means a medical task, which is not customarily learned during the13 |
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| 32 | 32 | | scholastic training of a physician assistant.14 |
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| 33 | 33 | | (2) 'Certified nurse practitioner' means a registered professional nurse who is licensed15 |
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| 34 | 34 | | by the Georgia Board of Nursing to engage in advanced practice registered nursing as a16 |
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| 35 | 35 | | H. B. 329 |
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| 36 | 36 | | - 1 - 25 LC 46 1050 |
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| 37 | 37 | | certified nurse practitioner to patients not necessarily within the physical presence but17 |
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| 38 | 38 | | under the personal direction or supervision of a supervising physician.18 |
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| 39 | 39 | | (3) 'Form C' means a Georgia Composite Medical Board document used by physicians19 |
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| 40 | 40 | | to delegate procedures to a certified nurse practitioner.20 |
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| 41 | 41 | | (4) 'Physician assistant' means a skilled person who is licensed by the Georgia21 |
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| 42 | 42 | | Composite Medical Board and who is qualified by academic and practical training to22 |
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| 43 | 43 | | provide services to patients not necessarily within the physical presence but under the23 |
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| 44 | 44 | | personal direction or supervision of a supervising physician.24 |
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| 45 | 45 | | (a)(b) Physicians and surgeons licensed to practice medicine in accordance with and under25 |
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| 46 | 46 | | this article, certified nurse practitioners, and physician assistants shall be the only persons26 |
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| 47 | 47 | | authorized to administer or perform artificial insemination upon any female human being. 27 |
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| 48 | 48 | | Any other person or persons who shall attempt to administer or perform or who shall28 |
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| 49 | 49 | | actually administer or perform artificial insemination upon any female human being shall29 |
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| 50 | 50 | | be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in30 |
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| 51 | 51 | | the penitentiary for not less than one year nor more than five years.31 |
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| 52 | 52 | | (c) A certified nurse practitioner may administer or perform an artificial insemination only32 |
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| 53 | 53 | | if such practitioner has been delegated the authority to do so by a delegating physician or33 |
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| 54 | 54 | | surgeon through the use of a Form C and such physician or surgeon is physically present34 |
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| 55 | 55 | | at the location and during the time such artificial insemination is administered or35 |
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| 56 | 56 | | performed.36 |
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| 57 | 57 | | (d) A physician assistant may administer or perform an artificial insemination only if such37 |
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| 58 | 58 | | assistant has been delegated the authority to do so by a delegating physician or surgeon,38 |
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| 59 | 59 | | such physician or surgeon is physically present at the location and time such artificial39 |
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| 60 | 60 | | insemination is administered or performed, and such authority has been approved as an40 |
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| 61 | 61 | | additional duty for such assistant by the Georgia Composite Medical Board.41 |
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| 62 | 62 | | (b)(e) Any physician, or surgeon, certified nurse practitioner, or physician assistant who42 |
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| 63 | 63 | | obtains written authorization signed by both the husband and the wife authorizing him or43 |
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| 64 | 64 | | H. B. 329 |
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| 65 | 65 | | - 2 - 25 LC 46 1050 |
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| 66 | 66 | | her to perform or administer artificial insemination shall be relieved of civil liability to the |
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| 67 | 67 | | 44 |
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| 68 | 68 | | husband and wife or to any child conceived by artificial insemination for the result or45 |
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| 69 | 69 | | results of said artificial insemination, provided that the written authorization provided for46 |
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| 70 | 70 | | in this Code section shall not relieve any physician, |
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| 71 | 71 | | or surgeon, certified nurse practitioner,47 |
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| 72 | 72 | | or physician assistant from any civil liability arising from his or her own negligent48 |
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| 73 | 73 | | administration or performance of artificial insemination."49 |
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| 74 | 74 | | SECTION 2.50 |
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| 75 | 75 | | This Act shall become effective on January 1, 2026.51 |
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| 76 | 76 | | SECTION 3.52 |
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| 77 | 77 | | All laws and parts of laws in conflict with this Act are repealed.53 |
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| 78 | 78 | | H. B. 329 |
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| 79 | 79 | | - 3 - |
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