Bill Text: GA SB376 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: Nurses; add mandatory reporting provisions

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2012-03-05 - Senate Read Second Time [SB376 Detail]

Download: Georgia-2011-SB376-Comm_Sub.html

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12 LC 37 1418S

The Senate Health and Human Services Committee offered the following substitute to SB 376:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to add mandatory reporting provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by adding a new article to read as follows:

"ARTICLE 3

43-26-50.

As used in this article, the term 'board' means the Georgia Board of Nursing and the Georgia Board of Examiners of Licensed Practical Nurses.

43-26-51.

A licensed nurse shall report names of subject individuals to the board if the nurse has reasonable cause to believe that a nurse has violated any of the grounds for discipline provided for in Code Section 43-26-53. A licensed nurse need not duplicate a report if the nurse has reasonable cause to believe that such report has been made to the board. Licensed professionals do not need to report to the board professional knowledge obtained in the course of a health professional-client relationship when the client is a nurse.

43-26-52.

(a) Hospitals, nursing homes, temporary staffing agencies, and other employers of registered professional nurses, licensed practical nurses, or advanced practice registered nurses shall report to the board, or ensure that such report has in fact been made to the board, the name of any licensee whose employment has been terminated or who has resigned in order to avoid termination for any reasons stipulated in Code Section 43-26-53.

(b) A state agency that licenses, registers, or certifies a hospital, nursing home, home health agency, or other type of health care facility or agency section, or surveys one of these facilities or agencies, shall report to the board when that agency has evidence that the nurse has violated Code Section 43-26-53 or ensure that such a report has in fact been made to the board.

(c) A person who is required to report a nurse under this article because the nurse is impaired or suspected of being impaired by chemical dependency or mental illness may report to an alternative to discipline program instead of reporting to the board, provided that the board approves an alternative to discipline program and such alternative reporting.

(d) The board shall inform, in the manner such board determines appropriate, nurses, facilities, agencies, and other persons of their duty to report under this article.

43-26-53.

(a) The following incidents shall be reported to the board in the event any person is:

(1) Practicing nursing as a registered professional nurse, without a valid, current license, except as otherwise permitted under Code Section 43-26-12;

(2) Practicing nursing as a registered professional nurse under cover of any diploma, license, or record illegally or fraudulently obtained, signed, or issued;

(3) Practicing nursing as a registered professional nurse during the time the license is suspended, revoked, surrendered, or administratively revoked for failure to renew;

(4) Using any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a registered professional nurse or advanced practice registered nurse unless such person is duly licensed or recognized by the board so to practice under the provisions of this article;

(5) Fraudulently furnishing a license to practice nursing as a registered professional nurse;

(6) Knowingly aiding or abetting any person to violate this chapter;

(7) While holding a nursing license, convicted of any felony, crime involving moral turpitude, or crime violating a federal or state law relating to controlled substances or dangerous drugs in the courts of this state, any other state, territory, or country, or in the courts of the United States, including but not limited to a plea of nolo contendere entered to the charge; or

(8) Displaying or has displayed an inability to practice nursing as a registered professional nurse or licensed undergraduate nurse with reasonable skill and safety due to use of alcohol, drugs, narcotics, or chemicals.

(b) Minor incidents are exceptions to reporting requirements for violations of subsection (a) of this Code section, when the continuing practice by the subject nurse does not pose a risk of harm to a client or others and can be addressed through corrective action by the nurse's employer. The board shall adopt rules governing reporting of minor incidents. The board may evaluate a complaint and determine that it is a minor incident under this Code section.

43-26-54.

The board may seek an order from a court of competent jurisdiction for a report from any of the parties stipulated in Code Section 43-26-51 if one is not forthcoming voluntarily. The board may seek a citation for civil contempt if a court order for a report is not obeyed by any of the parties stipulated in Code Section 43-26-51.

43-26-55.

(a) No licensed nurse, hospital, nursing home, temporary staffing agency, employer, or other person required to report a nurse to the board under this article, who, in good faith, either reports or fails to report, shall be subject to civil or criminal liability or discipline for unprofessional conduct for such action or inaction.

(b) A physician or other licensed health care professional who, at the request of the board, examines a nurse shall be immune from suit for damages by the nurse examined if the examining physician or examining health care professional conducted the examination and made findings or diagnoses in good faith."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.