Bill Text: GA HB1040 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Georgia Registered Professional Nurse Practice Act; certain health activities not require license; provisions

Spectrum: Partisan Bill (Republican 7-0)

Status: (Passed) 2010-07-01 - Effective Date [HB1040 Detail]

Download: Georgia-2009-HB1040-Introduced.html

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10 LC 33 3429-EC

House Bill 1040

By: Representatives Pruett of the 144th, Cooper of the 41st, Cole of the 125th, and Ramsey of the 72nd

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 43-26-12 of the Official Code of Georgia Annotated, relating to exceptions to the operation of the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver under certain conditions shall not require licensure as a registered professional nurse; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 43-26-12 of the Official Code of Georgia Annotated, relating to exceptions to the operation of the "Georgia Registered Professional Nurse Practice Act," is amended by revising subsection (a) as follows:

"(a) No provision in this article shall be construed to require licensure in Georgia as a registered professional nurse in:

(1) The practice of nursing by students that is an integral part of a curriculum in a board approved nursing education program leading to initial licensure;

(2) The rendering of assistance by anyone in the case of an emergency or disaster;

(3) The incidental care of the sick by members of the family, friends, or persons primarily utilized as housekeepers, provided that such care does not constitute the practice of nursing within the meaning of this article;

(4) Caring for the sick in accordance with tenets or practices of any church or religious denomination which teaches reliance upon spiritual means through prayer for healing;

(5) The performance of auxiliary services in the care of patients when such care and activities do not require the knowledge and skill required of a person practicing nursing as a registered professional nurse and when such care and activities are performed under orders or directions of a licensed physician, licensed dentist, licensed podiatrist, or person licensed to practice nursing as a registered professional nurse;

(6) The practice of nursing as a registered professional nurse, by a person licensed so to practice in another state, who is employed by the United States government or any bureau, division, or agency thereof while in the discharge of that person's official duties;

(7) The practice of nursing as a registered professional nurse, by a person currently licensed so to practice in another state, who is employed by an individual, agency, or corporation located in another state and whose employment responsibilities include transporting patients into, out of, or through this state for a period not to exceed 24 hours; and

(8) The practice of nursing as a registered professional nurse by a person currently licensed so to practice in another state, who is visiting Georgia as a nonresident, in order to provide specific, nonclinical, short-term, time limited services including, but not limited to, consultation, accreditation site visits, and the participation in continuing education programs; and

(9) The performance of health maintenance activities for an individual with disabilities by a designated caregiver when such activities are performed pursuant to the written orders of an attending physician, or a nurse practitioner or physician assistant working under a nurse protocol or job description, respectively, pursuant to Code Section 43-34-23, and such orders are incorporated into a written care plan for the disabled individual if such individual, or his or her representative or guardian, has executed a written informed consent and has waived liability for the licensed attending physician, nurse practitioner, or physician assistant, the registered professional nurse who trained such designated caregiver, and, when applicable, the licensed home or community based agency relative to their involvement in the performance of health maintenance activities by the designated caregiver. For purposes of this paragraph, the term:

(A) 'Health maintenance activities' mean those activities which enable an individual with disabilities to live as independently as possible in a home or community setting and include identified specialized procedures, beyond the activities of daily living, which the licensed attending physician, or nurse practitioner or physician assistant working under a nurse protocol or job description, respectively, has determined in writing can be performed outside a hospital or nursing home setting.

(B) 'Designated caregiver' means an unlicensed person who is designated in writing by a registered professional nurse as a person that has been trained by such registered professional nurse to perform documented health maintenance activities, including identified specialized procedures, for an individual with disabilities if such individual, or his or her representative or guardian, has executed a written informed consent concerning the written orders of a licensed attending physician, or a nurse practitioner or physician assistant working under a nurse protocol or job description, respectively, and a written care plan. Such written informed consent signed by the disabled individual or his or her representative or guardian shall acknowledge receipt of documented health maintenance activities by an unlicensed designated caregiver, consent to such receipt, and waiver of liability of the licensed attending physician, nurse practitioner, or physician assistant, the registered professional nurse who trained such designated caregiver, and, when applicable, the licensed home or community based agency for the delivery of such health maintenance activities by the designated caregiver.

(C) 'Disabled individual' or 'individual with disabilities' is an individual that has a physical or mental impairment that substantially limits one or more major life activities and who meets the criteria for such disability under state or federal law."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.