Bill Text: GA SB45 | 2009-2010 | Regular Session | Engrossed

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Bill Title: Nurses; licensure; nursing education programs; revise requirements; definitions

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Engrossed - Dead) 2009-02-18 - House Second Readers [SB45 Detail]

Download: Georgia-2009-SB45-Engrossed.html

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09 LC 28 4432

Senate Bill 45

By: Senators Harp of the 29th, Thomas of the 54th, Balfour of the 9th, Grant of the 25th, Henson of the 41st 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 nurses, so as to revise the requirements for nursing education programs required for licensure as an advanced practice registered nurse, registered professional nurse, or licensed practical nurse; to revise definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by revising paragraph (1.1) of Code Section 43-26-3, relating to definitions, and adding a new paragraph as follows:

"(1.1) 'Advanced practice registered nurse' means a registered professional nurse licensed under this chapter who is recognized by the board as having met the requirements established by the board to engage in advanced nursing practice and who holds a master's degree or other graduate degree approved by the board from an approved nursing education program and national board certification in his or her area of specialty, or a person who was recognized as an advanced practice registered nurse by the board on or before June 30, 2006. This paragraph shall not be construed to require a certified registered nurse anesthetist who graduated from an approved nurse anesthetist educational program prior to January 1, 1999, to hold a master's degree or other graduate degree.

(1.2) 'Approved nursing education program' located in this state means a nursing education program approved by the board as meeting criteria established by the board. An 'approved nursing education program' located outside this state means a nursing education program that the board has determined to meet criteria similar to and not less stringent than criteria established by the board. In order to be approved by the board, a nursing education program must be one that is offered by:

(A) A unit of the University System of Georgia;

(B) An institution of the Technical College System of Georgia;

(C) A nonprofit postsecondary institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education;

(D) A proprietary institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education; or

(E) A hospital that is accredited by a regional accrediting agency recognized by the United States Department of Education."

SECTION 2.

Said chapter is further amended by revising subsections (b), (c), and (d) of Code Section 43-26-7, relating to requirements for licensure as registered professional nurse, as follows:

"(b) An applicant for licensure by examination shall:

(1) Submit a completed written application and fee;

(2) Have graduated from a nursing education program approved by the board or which meets criteria similar to, and not less stringent than, those established by the board an approved nursing education program, as defined in Code Section 43-26-3;

(3) Pass a board recognized licensing examination; provided, however, that such examination may not be taken prior to graduation from the approved nursing education program;

(4) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check; and

(5) Meet such other criteria as established by the board.

(c) An applicant for licensure by endorsement shall:

(1) Submit a completed written application and fee;

(2) Have passed a board recognized licensing examination following graduation from a nursing education program approved by the board or which meets criteria similar to, and not less stringent than, those established by the board an approved nursing education program, as defined in Code Section 43-26-3;

(3) Submit verification of initial and current licensure in any other licensing jurisdiction administering a board recognized licensing examination;

(4) Have practiced nursing as a registered professional nurse for a period of time as determined by the board or have graduated from a an approved nursing education program within the four years immediately preceding the date of the application;

(5) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check; and

(6) Meet such other criteria as established by the board.

(d) An applicant for reinstatement who has previously held a valid license in Georgia shall:

(1) Submit a completed written application and fee;

(2) Have practiced nursing as a registered professional nurse for a period of time as determined by the board or have graduated from a nursing education program approved by the board or which meets criteria similar to, and not less stringent than, those established by the board an approved nursing education program, as defined in Code Section 43-26-3, within the four years immediately preceding the date of the application;

(3) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check; and

(4) Meet such other criteria as established by the board."

SECTION 3.

Said chapter is further amended by revising Code Section 43-26-32, relating to definitions, by adding a new paragraph to read as follows:

"(1.1) 'Approved nursing education program' located in this state means a nursing education program approved by the board as meeting criteria established by the board. An 'approved nursing education program' located outside this state means a nursing education program that the board has determined to meet criteria similar to and not less stringent than criteria established by the board. In order to be approved by the board, a nursing education program must be one that is offered by:

(A) A unit of the University System of Georgia;

(B) An institution of the Technical College System of Georgia;

(C) A nonprofit postsecondary institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education;

(D) A proprietary institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education; or

(E) A hospital that is accredited by a regional accrediting agency recognized by the United States Department of Education."

SECTION 4.

Said chapter is further amended by revising subparagraph (a)(1)(C) of Code Section 43-26-36, relating to application for licensure, as follows:

"(C) Has graduated from a nursing education program approved by this board or which meets criteria similar to, and not less stringent than, those established by this board an approved nursing education program, as defined in Code Section 43-26-32;".

SECTION 5.

Said chapter is further amended by revising subsections (a) and (b) of Code Section 43-26-38, relating to license by endorsement, as follows:

"(a) The board, at its discretion, may issue a license to practice as a licensed practical nurse, without examination, to any person who has a high school diploma or general educational development (GED) diploma and has been duly licensed or registered as a practical or vocational nurse or who is entitled to perform similar service under a different designation under the laws of another state or territory of the United States if the license or registration in that other state or territory is current and in good standing and was issued based upon completion of an approved program nursing education program, as defined in Code Section 43-26-32, and passage of an examination, which program and examination have has been determined by the board to be substantially equal to or greater than the requirements for licensure as a licensed practical nurse in this state and if such person has engaged in the active practice of practical nursing as a licensed practical nurse within five years immediately preceding the application; provided, however, that the requirement for active practice shall not apply to an applicant who has graduated from an approved nursing education program within one year of the date of application or who was initially licensed within one year of the date of application.

(b) The board, at its discretion, may issue a license to practice as a licensed practical nurse, with examination, to any person who has a high school diploma or general educational development (GED) diploma and has been duly licensed or registered as a practical or vocational nurse or who is entitled to perform similar service under a different designation under the laws of another state or territory of the United States if the license or registration in that other state or territory is current and in good standing and was issued based upon completion of an approved program nursing education program, as defined in Code Section 43-26-32, substantially equal to or greater than the requirements of such programs in this state, except however, such applicant has not been duly examined according to the prescribed examination approved by this board and if such person has engaged in active practice of practical nursing as a licensed practical nurse within five years immediately preceding the application."

SECTION 6.

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