07 LC
37 0278
House
Resolution 129
By:
Representatives Buckner of the
130th,
Channell of the
116th,
Ralston of the
7th,
Bearden of the
68th,
McKillip of the
115th,
and others
A
RESOLUTION
Urging
the Composite State Board of Medical Examiners to adopt new rules pursuant to
Code Section 43-34-26.3; and for other purposes.
WHEREAS,
the Georgia General Assembly enacted Code Section 43-34-26.1 in 1989 in order to
grant registered nurses the authority to perform certain delegated medical acts
in accordance with a written agreement between the registered nurse and the
physician; and
WHEREAS,
Code Section 43-34-26.1 allowed the registered nurse to call in drug orders
(prescriptions) into a pharmacy but specifically prohibited that same nurse from
putting those same prescription drug orders in writing; and
WHEREAS,
from the passage of Code Section 43-34-26.1 in 1989 through 2005, all the other
states in the country enacted legislation allowing their advanced practice
registered nurses (APRNs) to execute written prescription drug orders, with
Georgia remaining the only state in the country during that time which
prohibited this practice; and
WHEREAS,
during the 2006 session, the Georgia General Assembly enacted Code Section
43-34-26.3 to permit this state's APRNs to join the rest of the country by
allowing our APRNs the authority to execute written drug orders;
and
WHEREAS,
within months after the passage of this legislation, the Composite State Board
of Medical Examiners posted proposed rules governing how physicians are to
practice under Code Section 43-34-26.3; and
WHEREAS,
the state's various nursing organizations, hospital groups, individual
physicians, and the Division of Public Health of the Department of Human
Resources attended three public hearings to speak against these proposed rules;
and
WHEREAS,
despite the many protests of these groups against these proposed rules, the
Composite State Board of Medical Examiners passed its rules in December, 2006;
and
WHEREAS,
almost all of the state's health organizations view the rules dealing with the
2006 APRN protocols passed by the Composite State Board of Medical Examiners to
be unnecessarily restrictive, burdensome, and not in the best interest of the
delivery of quality health care in our state; and
WHEREAS,
most APRNs have determined that the rules of the Composite State Board of
Medical Examiners are not in the spirit of the 2006 APRN protocol law and have
opted not to enter such agreements with their physician partners;
and
WHEREAS,
the passage by the Composite State Board of Medical Examiners of such
restrictive rules negates legislative intent and all but voids the 2006 action
of the Georgia General Assembly; and
WHEREAS,
the Composite State Board of Medical Examiners has the authority and opportunity
to redraft its APRN protocol rules in a way that reflects the will of the
Georgia General Assembly and thereby avoid the need for the General Assembly to
exercise its legislative prerogative of revisiting this issue during its current
session.
NOW,
THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of
this body strongly urge the Composite State Board of Medical Examiners to adopt
new rules pursuant to Code Section 43-34-26.3 in a manner so that any such new
rules will conform strictly with the language contained in said Code section in
order to reflect the legislative intent of the General Assembly.