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 Code of Georgia Annotated,
relating to mandatory reporting requirements for nurses, so as to require registered
professional nurses and advanced practice registered nurses in outpatient settings to
immediately notify his or her supervising or delegating physician when he or she is subject
to a complaint or report made to the Georgia Board of Nursing; to require the Georgia Board
of Nursing to transmit to the Georgia Composite Medical Board copies of certain complaints
and reports received relating to care rendered in certain settings which requires physician
involvement; to provide for definitions; to provide for confidentiality and privileges relating
to communications between the boards; to provide for an exception; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to
mandatory reporting requirements for nurses, is amended by adding a new Code section to
read as follows:
<ins>"43-26-56.
(a) As used in this Code section, the term:
(1) 'Biological product' means a product derived from living material, including human,
animal, or microorganism regulated by the Federal Food, Drug, and Cosmetic Act, the
federal Public Health Service Act, or both, used for the treatment, prevention, or cure of
disease in humans.
(2) 'Compounded drug' means the preparation, mixing, assembling, altering, packaging,
and labeling of a drug, drug-delivery device, or device in accordance with a licensed
practitioner's prescription, medication order, or initiative based on the relationship
between the practitioner, patient, pharmacist, and compounding pharmacist or pharmacy
in the course of professional practice.
(3) 'Medical device' means any instrument, machine, contrivance, implant, or in vitro
reagent regulated by the Federal Food, Drug, and Cosmetic Act intended to treat, cure,
prevent, mitigate, or diagnose disease in humans.
(4) 'Prescription drug' means any human drug required by federal law or regulation to be
dispensed only by a prescription, including finished dosage forms and active ingredients
subject to the Federal Food, Drug, and Cosmetic Act.
(5) 'Prescription product' means a:
(A) Prescription drug;
(B) Biological product;
(C) Medical device; or
(D) Compounded drug.
(b) On and after July 1, 2025, when a registered professional nurse or advanced practice
registered nurse working in an outpatient setting becomes aware of a complaint or report
made to the board regarding care rendered by such nurse that requires physician
involvement, including, but not limited to, ordering or procuring prescription products, the
administration of prescription products, or the ordering or prescribing of prescription
</ins>
<ins>products pursuant to a nurse protocol agreement, the registered professional nurse or
advanced practice registered nurse shall immediately notify his or her supervising or
delegating physician of such complaint.
(c) On and after July 1, 2025, notwithstanding Code Section 43-1-21, when the board
receives a complaint or report regarding care rendered by a registered professional nurse
or advanced practice registered nurse in an outpatient setting that requires physician
involvement, including, but not limited to, ordering or procuring prescription products, the
administration of prescription products, or the ordering or prescribing of prescription
products pursuant to a nurse protocol agreement, the board shall immediately transmit a
copy of such complaint or report to the Georgia Composite Medical Board, including any
investigative materials related to such complaint or report.
(d) No later than December 31, 2025, notwithstanding Code Section 43-1-21, the board
shall transmit to the Georgia Composite Medical Board a copy of all complaints and
reports received by the board between January 1, 2021, and June 30, 2025, regarding care
rendered by a registered professional nurse or advanced practice registered nurse in an
outpatient setting that requires physician involvement, including, but not limited to,
ordering or procuring prescription products, the administration of prescription products, or
the ordering or prescribing of prescription products pursuant to a nurse protocol agreement,
including any investigative materials received by the board prior to or after June 30, 2025,
related to such complaints and reports.
(e) Any communications between the board and the Georgia Composite Medical Board,
including communications with investigators and other staff of each of the respective
boards pursuant to this Code section, shall not be construed to waive, abrogate,
compromise, or otherwise affect the confidentiality of any such communications or the
privileges of each board provided pursuant to the provisions of Article 6 of Chapter 7 of
Title 31, relating to medical peer review groups.
</ins>
<ins>(f) The provisions of this Code section shall not apply to complaints or reports received
by the board relating to prescription products provided or administered by a registered
professional nurse or advanced practice registered nurse through a home health agency as
defined in Code Section 31-7-150."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.