HB692: HB692 Nurses; notify supervising or delegating physician when subject to a complaint or report in outpatient settings; provisions

25 LC 33 9800 House Bill 692 By: Representatives Newton of the 127th and Hawkins of the 27th A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 26 of Title 43 of the Official Co de of Georgia Annotated,1 relating to mandatory reporting requirements for nurses, so as to require registered2 professional nurses and advanced practice registered nurses in outpatient settings to3 immediately notify his or her supervising or delegating physician when he or she is subject4 to a complaint or report made to the Georgia Board of Nursing; to require the Georgia Board5 of Nursing to transmit to the Georgia Composite Medical Board copies of certain complaints6 and reports received relating to care rendered in certain setti ngs which requires physician7 involvement; to provide for definitions; to provide for confidentiality and privileges relating8 to communications between the boards; to provide for an exception; to provide for related9 matters; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Article 3 of Chapter 26 of Title 43 of the Official Code of Geo rgia Annotated, relating to13 mandatory reporting requirements for nurses, is amended by adding a new Code section to14 read as follows:15 H. B. 692 - 1 - 25 LC 33 9800 "43-26-56.16 (a) As used in this Code section, the term:17 (1) 'Biological product' means a product derived from living material, including human,18 animal, or microorganism regulated by the Federal Food, Drug, a nd Cosmetic Act, the19 federal Public Health Service Act, or both, used for the treatment, prevention, or cure of20 disease in humans.21 (2) 'Compounded drug' means the preparation, mixing, assembling, altering, packaging,22 and labeling of a drug, drug-delivery device, or device in acco rdance with a licensed23 practitioner's prescription, medication order, or initiative ba sed on the relationship24 between the practitioner, patient, pharmacist, and compounding pharmacist or pharmacy25 in the course of professional practice.26 (3) 'Medical device' means any instrument, machine, contrivanc e, implant, or in vitro27 reagent regulated by the Federal Food, Drug, and Cosmetic Act intended to treat, cure,28 prevent, mitigate, or diagnose disease in humans.29 (4) 'Prescription drug' means any human drug required by federal law or regulation to be30 dispensed only by a prescription, including finished dosage forms and active ingredients31 subject to the Federal Food, Drug, and Cosmetic Act.32 (5) 'Prescription product' means a:33 (A) Prescription drug;34 (B) Biological product;35 (C) Medical device; or36 (D) Compounded drug.37 (b) On and after July 1, 2025, when a registered professional nurse or advanced practice38 registered nurse working in an outpatient setting becomes aware of a complaint or report39 made to the board regarding care rendered by such nurse that re quires physician40 involvement, including, but not limited to, ordering or procuring prescription products, the41 administration of prescription products, or the ordering or pre scribing of prescription42 H. B. 692 - 2 - 25 LC 33 9800 products pursuant to a nurse protocol agreement, the registered professional nurse or43 advanced practice registered nurse shall immediately notify his or her supervising or44 delegating physician of such complaint.45 (c) On and after July 1, 2025, notwithstanding Code Section 43 -1-21, when the board46 receives a complaint or report regarding care rendered by a registered professional nurse47 or advanced practice registered nurse in an outpatient setting that requires physician48 involvement, including, but not limited to, ordering or procuring prescription products, the49 administration of prescription products, or the ordering or pre scribing of prescription50 products pursuant to a nurse protocol agreement, the board shal l immediately transmit a51 copy of such complaint or report to the Georgia Composite Medical Board, including any52 investigative materials related to such complaint or report.53 (d) No later than December 31, 2025, notwithstanding Code Sect ion 43-1-21, the board54 shall transmit to the Georgia Composite Medical Board a copy of all complaints and55 reports received by the board between January 1, 2021, and June 30, 2025, regarding care56 rendered by a registered professional nurse or advanced practic e registered nurse in an57 outpatient setting that requires physician involvement, includi ng, but not limited to,58 ordering or procuring prescription products, the administration of prescription products, or59 the ordering or prescribing of prescription products pursuant to a nurse protocol agreement,60 including any investigative materials received by the board prior to or after June 30, 2025,61 related to such complaints and reports.62 (e) Any communications between the board and the Georgia Composite Medical Board,63 including communications with investigators and other staff of each of the respective64 boards pursuant to this Code section, shall not be construed to waive, abrogate,65 compromise, or otherwise affect the confidentiality of any such communications or the66 privileges of each board provided pursuant to the provisions of Article 6 of Chapter 7 of67 Title 31, relating to medical peer review groups.68 H. B. 692 - 3 - 25 LC 33 9800 (f) The provisions of this Code section shall not apply to complaints or reports received69 by the board relating to prescription products provided or admi nistered by a registered70 professional nurse or advanced practice registered nurse through a home health agency as71 defined in Code Section 31-7-150."72 SECTION 2.73 All laws and parts of laws in conflict with this Act are repealed.74 H. B. 692 - 4 -