10 LC
35 1719
House
Bill 1250
By:
Representatives Levitas of the
82nd,
McCall of the
30th,
Burns of the
157th,
Buckner of the
130th,
Williams of the
4th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Sections 43-34-25 and 43-34-103 of the Official Code of Georgia
Annotated, relating to the delegation of certain acts to advanced practice
registered nurses and to applications for physician assistants, respectively, so
as to amend certain provisions relating to the authority of advanced practice
registered nurses acting pursuant to a nurse protocol agreement with a
physician; to amend certain provisions relating to the authority of physician
assistants; to provide for related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 43-34-25 of the Official Code of Georgia Annotated, relating to the
delegation of certain medical acts to advanced practice registered nurses, is
amended by revising paragraph (3) of subsection (a) as follows:
"(3)
'Controlled substance' means any controlled substance, as defined in Code
Section 16-13-21, but shall not include any Schedule I controlled substance
included in Code Section 16-13-25
or any
Schedule II controlled substance included in Code Section
16-13-26."
SECTION
2.
Said
Code section is further amended by striking paragraph (9); by renumbering
paragraphs (10) through (15) as paragraphs (9) through (14), respectively; and
by striking the phrases "in life-threatening situations" and ", in
life-threatening situations," wherever such phrases shall appear in subsection
(a).
SECTION
3.
Said
Code section is further amended by revising subsection (o) as
follows:
"(o)
An advanced practice registered nurse shall be allowed to make a pronouncement
of death pursuant to authority delegated by the
supervising
delegating
physician of the advanced practice registered nurse and to certify such
pronouncement in the same manner as a physician."
SECTION
4.
Said
Code section is further amended by adding new subsections to read as
follows:
"(p)
Notwithstanding any other law to the contrary, an advanced practice registered
nurse shall be authorized to sign, certify, and endorse all documents relating
to health care provided to a patient within their scope of authorized practice,
including, but not limited to: documents relating to a patient's workers'
compensation, including workers' compensation verification documents; physical
examination forms; death certificates; and verification and evaluation forms of
the Georgia Department of Human Services, the Georgia Board of Education, local
boards of education, and the Georgia Department of Community
Health.
(q)
Health insurance carriers shall record the name of an advanced practice
registered nurse providing health care for a patient. The recording shall be
made in the same manner as such carriers record the name of treating physicians
so as to document the care and treatment provided to a patient by an advanced
practice registered nurse, facilitate communication regarding a patient's health
care issues, and provide the ability to accurately monitor treatment activity of
health care providers. Nothing in this subsection shall be construed so as to
prevent an insurance carrier from recording the name of the delegating physician
in addition to the name of the advanced practice registered
nurse."
SECTION
5.
Code
Section 43-34-103 of the Official Code of Georgia Annotated, relating to
applications for physician assistants, is amended by revising paragraph (1) of
subsection (e.1) as follows:
"(e.1)(1)
In addition to and without limiting the authority granted by Code Section
43-34-23, a physician may delegate to a physician assistant in accordance with a
job description, the authority to issue a prescription drug order or orders for
any device as defined in Code Section 26-4-5, or to issue any dangerous drug as
defined in Code Section 16-13-71 or any Schedule
II,
III, IV, or V controlled substance as defined in Code Section 16-13-21 on a
prescription drug order or prescription device order form as specified in
paragraph (3) of this subsection. Delegation of such authority shall be
contained in the job description required by this Code section. The delegating
physician shall remain responsible for the medical acts of the physician
assistant performing such delegated acts and shall adequately supervise the
physician assistant. If an existing job description for a physician assistant
does not contain such authority to order a prescription drug or device order as
provided by this subsection, that physician assistant may not issue any such
prescription drug or device order until a new job description delegating such
authority is submitted to and approved by the board. Nothing in this Code
section shall be construed to authorize the written prescription drug order of a
Schedule I
or
II controlled
substance."
SECTION
6.
Said
Code section is further amended by adding new subsections to read as
follows:
"(l)
A physician assistant shall be authorized to sign, certify, and endorse all
documents relating to health care provided to a patient within their scope of
authorized practice, including, but not limited to: documents relating to a
patient's workers' compensation, including workers' compensation verification
documents; physical examination forms; death certificates; and verification and
evaluation forms of the Georgia Department of Human Services, the Georgia Board
of Education, local boards of education, and the Georgia Department of Community
Health.
(m)
Health insurance carriers shall record the name of a physician assistant
providing health care for a patient. The recording shall be made in the same
manner as such carriers record the name of treating physicians so as to document
the care and treatment provided to a patient by a physician assistant,
facilitate communication regarding a patient's health care issues, and provide
the ability to accurately monitor treatment activity of health care providers.
Nothing in this subsection shall be construed so as to prevent an insurance
carrier from recording the name of the delegating physician in addition to the
name of the physician
assistant."
SECTION
6.
This
Act shall become effective on July 1, 2010.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.