05 LC 33
0947
House
Bill 935
By:
Representatives Burmeister of the
119th,
Ehrhart of the
36th,
Hembree of the
67th,
Henson of the
87th,
Buckner of the
130th,
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 execute drug orders and to provide professional samples; to
amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated,
relating to delegation of authority to a nurse or
physiciańs
assistant, so as to provide for prescriptive authority of advanced practice
registered nurses; 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
physiciańs
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
physiciańs
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:
"43-26-13.
(a)
Notwithstanding any provisions of law to the contrary, an advanced practice
registered nurse who is a party to a nurse protocol agreement with a physician
as set out in Code Section 43-34-26.1 may, in addition to the authority set out
in Code Section 43-34-26.1, be further authorized in a nurse protocol agreement
to:
(1)
Execute a verbal, written, or electronic order for a drug, device, medical
treatment, or diagnostic study. Such an order shall be signed by the advanced
practice registered nurse and shall be on a form which shall include, without
limitation, the names of the advanced practice registered nurse and the
physician who are parties to the nurse protocol agreement, the
patient́s
name and address, the drug or device ordered, directions with regard to the
taking and dosage of the drug or use of the device, and the number of refills;
and
(2)
Request, receive, and sign for professional samples and may distribute
professional samples to patients. In addition to the requirements of this Code
section, all professional samples shall be maintained as required by applicable
state and federal law and regulations. As used in this subsection, the term
"professional samples" means complimentary doses of a drug or medical devices
provided by the manufacturer for use in patient care.
(b)
Nothing in this Code Section shall be construed to 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 pursuant to a 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
physiciańs
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
physiciańs
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
physiciańs
assistant
Reserved."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.