HB329: HB329 Professional and businesses; authorize certified nurse practitioners and physician assistants to perform artificial insemination

Under current Georgia law (O.C.G.A. § 43-34-37), only licensed physicians and surgeons may legally perform artificial insemination on a woman; anyone else who does so commits a felony. This bill would expand that authorization to certified nurse practitioners and physician assistants, but only under specific conditions. A certified nurse practitioner could perform the procedure only if a supervising physician delegates that authority using a state 'Form C' document and is physically present during the procedure. A physician assistant could do the same only with physician delegation, physician presence, and formal approval from the Georgia Composite Medical Board as an added duty. The bill also extends the existing civil liability protections, so these providers are shielded from lawsuits over insemination outcomes if they have written authorization from both spouses, though they remain liable for their own negligence. The changes would take effect January 1, 2026.

• Expands who may legally perform artificial insemination in Georgia to include certified nurse practitioners and physician assistants, alongside physicians and surgeons.
• Requires a certified nurse practitioner to have delegated authority via a Form C document and requires the supervising physician to be physically present during the procedure.
• Requires a physician assistant to have physician delegation, physician physical presence, and Georgia Composite Medical Board approval of the procedure as an added duty.
• Extends existing civil liability protections (shielding providers from lawsuits when both spouses give written authorization) to cover certified nurse practitioners and physician assistants.
• Keeps in place the felony penalty, one to five years in prison, for anyone unauthorized who performs or attempts to perform artificial insemination.
• Sets an effective date of January 1, 2026.

Certified nurse practitioners and physician assistants in Georgia gain new authority to perform a procedure previously limited to physicians and surgeons. Supervising physicians, the Georgia Composite Medical Board, and patients seeking artificial insemination, including married couples using the procedure, are also affected.

Patients seeking artificial insemination could have more types of licensed providers available to perform the procedure, potentially easing access, especially where physicians are scarce. Nurse practitioners and physician assistants would gain new duties and legal protections, but only under physician oversight and specific approval requirements.

• Section 1 rewrites O.C.G.A. § 43-34-37 to add certified nurse practitioners and physician assistants to the list of people authorized to perform artificial insemination.
• Subsection (a) defines 'additional duty,' 'certified nurse practitioner,' 'Form C,' and 'physician assistant' for purposes of this Code section.
• Subsection (b) keeps the felony penalty (one to five years imprisonment) for unauthorized persons who perform or attempt artificial insemination.
• Subsection (c) requires a certified nurse practitioner to be delegated authority via Form C and requires the delegating physician's physical presence during the procedure.
• Subsection (d) requires a physician assistant to have physician delegation, physician physical presence, and Georgia Composite Medical Board approval as an additional duty.
• Subsection (e) extends civil liability protection to certified nurse practitioners and physician assistants when both spouses provide written authorization, while preserving liability for negligence.
• Section 2 sets the effective date as January 1, 2026.
• Section 3 repeals any conflicting laws.

1. 2026-01-12Senate Recommitted (Senate)
2. 2026-01-12Senate Taken from Table (Senate)
3. 2025-04-02Senate Tabled (Senate)
4. 2025-03-18Senate Read Second Time (Senate)
5. 2025-03-13Senate Committee Favorably Reported (Senate)
6. 2025-02-28Senate Read and Referred (Senate)
7. 2025-02-27House Passed/Adopted (House)
8. 2025-02-27House Third Readers (House)

• Scott Hilton (R, HD-048)Primary sponsor
• Deborah Silcox (R, HD-053)
• Lee Hawkins (R, HD-027)
• Sharon Cooper (R, HD-045)
• Lehman Franklin (R, HD-160)
• Sandy Donatucci (R, HD-105)
• Kay Kirkpatrick (R, SD-032)

1. PassedHouse voteFebruary 27, 2025

   167 yea, 0 nay (3 not voting, 10 absent)

   Passage: House Vote #105

• medical licensing
• nurse practitioners
• physician assistants
• reproductive health
• healthcare regulation