As used in this article, the term:
(1.1) "Advanced practice registered nurse" means a registered professional nurse who is licensed by the board under this article or who holds a multistate license under Article 4 of this chapter, who is recognized by the board as having met the requirements established by the board to engage in advanced nursing practice, and who holds a master's degree or other graduate degree from an approved nursing education program and national board certification in his or her area of specialty, or a person who was recognized as an advanced practice registered nurse by the board on or before June 30, 2006. This paragraph shall not be construed to require a certified registered nurse anesthetist who graduated from an approved nurse anesthetist educational program prior to January 1, 1999, to hold a master's degree or other graduate degree. Further, this paragraph shall not be construed to require a registered professional nurse who holds a multistate license under Article 4 of this chapter authorizing such nurse to practice in another party state under a multistate licensure privilege to obtain a single-state license from the board as a condition of receiving authorization by the board to practice in this state as an advanced practice registered nurse.
(1.2) "Approved nursing education program" located in this state means a nursing education program approved by the board as meeting criteria established by the board. An "approved nursing education program" located outside this state means a nursing education program that the board has determined to meet criteria similar to and not less stringent than criteria established by the board for nursing education programs located in this state. In order to be approved by the board, a nursing education program must be one that is offered by:
(Code 1981, §43-26-3, enacted by Ga. L. 1990, p. 747, § 1; Ga. L. 1994, p. 97, § 43; Ga. L. 2006, p. 125, § 3/SB 480; Ga. L. 2007, p. 460, § 1/SB 222; Ga. L. 2009, p. 210, § 1/HB 475; Ga. L. 2011, p. 779, § 1/SB 100; Ga. L. 2012, p. 19, § 1/HB 675; Ga. L. 2019, p. 219, § 1/SB 168.)
The 2019 amendment, effective April 25, 2019, in paragraph (1), inserted "who is licensed by the board under this article or who holds a multistate license under Article 4 of this chapter" near the beginning, deleted the comma following "such requirements", and inserted the comma following "specified by the board" in the middle; in paragraph (1.1), substituted "nurse who is licensed by the board under this article or who holds a multistate license under Article 4 of this chapter," for "nurse licensed under this chapter" near the middle of the first sentence, and added the last sentence; and added the second sentence in paragraph (4).
Code Commission notes.- Pursuant to Code Section 28-9-5, in 2007, "specialty" was substituted for "speciality" in paragraph (1.1).
Law reviews.- For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 209 (2006).
JUDICIAL DECISIONS
Definition of practice of nursing.
- Administration of doctors' orders regarding medication is the province of registered nurses; in fact, O.C.G.A. § 43-26-3 (6) specifically includes within the definition of the practice of nursing "the administration of medication and treatments as prescribed by a physician practicing medicine". Nowak v. High, 209 Ga. App. 536, 433 S.E.2d 602 (1993).
Administration of medication.
- Trial court properly dismissed a wrongful death claim by a deceased nursing home resident's children, alleging that the nursing home staff failed to administer properly the resident's medications, as such task involved the professional skill and judgment of a nurse, and nurses were licensed professionals with specialized knowledge pursuant to O.C.G.A. § 43-26-3(6) to which O.C.G.A. § 9-11-9.1 explicitly applied; as the children failed to comply with the expert affidavit requirement, dismissal of that aspect of the claim was proper. Williams v. Alvista Healthcare Ctr., Inc., 283 Ga. App. 613, 642 S.E.2d 232 (2007).
Trial court erred in denying a hospital's motion to dismiss a medical malpractice complaint in a simple negligence action after the complainant failed to attach an expert witness affidavit pursuant to O.C.G.A. § 9-11-9.1, as a nurse's administration of medication to a patient, which was the subject matter of the suit, involved professional skill and judgment to comply with a standard within the professional's area of expertise. Grady Gen. Hosp. v. King, 288 Ga. App. 101, 653 S.E.2d 367 (2007).
Expert's allegations of standard of care pertained to conduct beyond the scope of nursing care and was excluded.
- In a medical malpractice case against a hospital and emergency room doctor and nurses, expert testimony against the nurses was properly excluded under O.C.G.A. § 24-7-702 because the deviations from the standard of care alleged pertained to conduct that was beyond the scope of nursing care allowed by Georgia law under O.C.G.A. § 43-26-3(8) (defining the practice of nursing). Everson v. Phoebe Sumter Med. Ctr., Inc., 341 Ga. App. 182, 798 S.E.2d 667 (2017).
OPINIONS OF THE ATTORNEY GENERAL
Access to Georgia Prescription Drug Monitoring Program.
- Registered nurses and licensed practical nurses cannot access the GAPDMP database as dispensers or as practitioners authorized to dispense under the Georgia Prescription Drug Monitoring Program, but nurses may be able to access the GAPDMP database as delegates of physicians who do have the authority to prescribe or dispense. 2016 Op. Att'y Gen. No. 16-7.