Georgia CommonsHB 692: Nurses; notify supervising or delegating physician when subject to a complaint or report in outpatient settings; provisions
Versión Introduced, la más reciente que tiene LegiScan · Última acción: 4 de marzo de 2025 · Introduced
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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:
"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 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.
(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."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.