05 LC 33
0842
Senate
Bill 313
By: Senators Tolleson of the 20th, Adelman of the 42nd, Mullis of the 53rd, Henson of the 41st, Balfour of the 9th and others
By: Senators Tolleson of the 20th, Adelman of the 42nd, Mullis of the 53rd, Henson of the 41st, Balfour of the 9th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 16_13_21 of the Official Code of Georgia Annotated, relating
to definitions relative to regulation of controlled substances, so as to revise
the definition of "practitioner"; to amend Article 1 of Chapter 26 of Title 43
of the Official Code of Georgia Annotated, relating to the "Georgia Registered
Professional Nurse Practice Act," so as to provide for an advanced practice
registered nurse to submit or transmit drug orders; to amend Code Section
43_34_26.1 of the Official Code of Georgia Annotated, relating to delegation of
authority to a nurse or physician´s assistant, so as to provide for
delegation of authority to advanced practice registered nurses to execute drug
orders; to delete a provision relating to a Drug Enforcement Administration
license; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 16_13_21 of the Official Code of Georgia Annotated, relating to
definitions relative to regulation of controlled substances, is amended by
striking paragraph (23) and inserting in its place the following:
"(23)
'Practitioner' means:
(A)
A physician, dentist, pharmacist, podiatrist, veterinarian, scientific
investigator, or other person licensed, registered, or otherwise authorized
under the laws of this state to distribute, dispense, conduct research with
respect to, or to administer a controlled substance in the course of
professional practice or research in this state;
(B)
A pharmacy, hospital, or other institution licensed, registered, or otherwise
authorized by law to distribute, dispense, conduct research with respect to, or
to administer a controlled substance in the course of professional practice or
research in this state;
or
(C)
An advanced practice registered nurse acting pursuant to the authority of Code
Section 43_26_13. For purposes of this chapter and Code Section 43_26_13, an
advanced practice registered nurse is authorized to register with the federal
Drug Enforcement Administration and appropriate state authorities;
or
(C)(D)
A physician´s assistant acting pursuant to the authority of subsection
(e.1) of Code Section 43_34_103. For purposes of this chapter and subsection
(e.1) of Code Section 43_34_103 and notwithstanding the provisions of subsection
(g) of Code Section 43_34_26.1, a physician´s assistant is authorized to
register with the federal Drug Enforcement Administration and appropriate state
authorities."
SECTION
2.
Article
1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating
to the "Georgia Registered Professional Nurse Practice Act," is amended by
adding a new Code section to the end of such article to read as
follows:
"46_26_13.
Notwithstanding
any law to the contrary, an advanced practice registered nurse who is a party to
a nurse protocol agreement with a physician pursuant to Code Section 43_34_26.1
may, in addition to the authority contained in Code Section 43_34_26.1, select
and transmit a verbal, written, or electronic order for a drug, device, medical
treatment, or diagnostic study. Such an order, if written, shall be on a form
which shall include the names of the advanced practice registered nurse and the
physician who are parties to the nurse protocol
agreement."
SECTION
3.
Code
Section 43_34_26.1 of the Official Code of Georgia Annotated, relating to
delegation of authority to a nurse or physician´s assistant, is amended by
striking paragraph (1) of subsection (b) and inserting in its place the
following:
"(b)(1)
A physician may delegate to:
(A)
A physician´s assistant in accordance with a job description;
or
(B)
A nurse recognized by the Georgia Board of Nursing as
a certified
nurse midwife, certified registered nurse anesthetist, certified nurse
practitioner, or clinical nurse specialist, psychiatric/mental
health
an advanced
practice registered nurse in accordance
with a nurse protocol
the
authority to order controlled substances
selected
from a
subject to an
exclusionary formulary of such drugs
established by the Composite State Board of Medical Examiners and the authority
to order dangerous drugs,
devices,
medical treatments, and diagnostic
studies."
SECTION
4.
Said
Code section is further amended by striking subsection (g) and inserting in its
place the following:
"(g)
Nothing in this Code section shall be construed to
authorize
or permit the issuance of a Drug Enforcement Administration license to a nurse
or physician´s assistant
create a
presumption of liability, either civil or criminal, on the part of a pharmacist
duly licensed under Chapter 4 of Title 26 who, in good faith, fills a
prescription drug order of an advanced practice registered nurse issued pursuant
to a nurse protocol
agreement."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.