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

25 LC 46 1050 House Bill 329 By: Representatives Hilton of the 48th, Silcox of the 53rd, Hawkins of the 27th, Cooper of the 45th, Franklin of the 160th, and others A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 34 of Title 43 of the Official Co de of Georgia Annotated,1 relating to medical practice, so as to authorize certified nurs e practitioners and physician2 assistants to perform artificial insemination; to provide for definitions; to provide for related3 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Article 2 of Chapter 34 of Title 43 of the Official Code of Geo rgia Annotated, relating to7 medical practice, is amended by revising Code Section 43-34-37, relating to persons8 authorized to perform artificial insemination and civil liabili ty of physician or surgeon, as9 follows:10 "43-34-37.11 (a) As used in this Code section, the term:12 (1) 'Additional duty' means a medical task, which is not customarily learned during the13 scholastic training of a physician assistant.14 (2) 'Certified nurse practitioner' means a registered professi onal nurse who is licensed15 by the Georgia Board of Nursing to engage in advanced practice registered nursing as a16 H. B. 329 - 1 - 25 LC 46 1050 certified nurse practitioner to patients not necessarily within the physical presence but17 under the personal direction or supervision of a supervising physician.18 (3) 'Form C' means a Georgia Composite Medical Board document used by physicians19 to delegate procedures to a certified nurse practitioner.20 (4) 'Physician assistant' means a skilled person who is licens ed by the Georgia21 Composite Medical Board and who is qualified by academic and pr actical training to22 provide services to patients not necessarily within the physica l presence but under the23 personal direction or supervision of a supervising physician.24 (a)(b) Physicians and surgeons licensed to practice medicine in accordance with and under25 this article, certified nurse practitioners, and physician assistants shall be the only persons26 authorized to administer or perform artificial insemination upon any female human being. 27 Any other person or persons who shall attempt to administer or perform or who shall28 actually administer or perform artificial insemination upon any female human being shall29 be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in30 the penitentiary for not less than one year nor more than five years.31 (c) A certified nurse practitioner may administer or perform an artificial insemination only32 if such practitioner has been delegated the authority to do so by a delegating physician or33 surgeon through the use of a Form C and such physician or surgeon is physically present34 at the location and during the time such artificial inseminatio n is administered or35 performed.36 (d) A physician assistant may administer or perform an artificial insemination only if such37 assistant has been delegated the authority to do so by a delega ting physician or surgeon,38 such physician or surgeon is physically present at the location and time such artificial39 insemination is administered or performed, and such authority h as been approved as an40 additional duty for such assistant by the Georgia Composite Medical Board.41 (b)(e) Any physician, or surgeon, certified nurse practitioner, or physician assistant who42 obtains written authorization signed by both the husband and the wife authorizing him or43 H. B. 329 - 2 - 25 LC 46 1050 her to perform or administer artificial insemination shall be relieved of civil liability to the44 husband and wife or to any child conceived by artificial insemi nation for the result or45 results of said artificial insemination, provided that the written authorization provided for46 in this Code section shall not relieve any physician, or surgeon, certified nurse practitioner,47 or physician assistant from any civil liability arising from his or her own negligent48 administration or performance of artificial insemination."49 SECTION 2.50 This Act shall become effective on January 1, 2026.51 SECTION 3.52 All laws and parts of laws in conflict with this Act are repealed.53 H. B. 329 - 3 -