reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 2 - LICENSED PRACTICAL NURSES (§§ 43-26-30 — 43-26-43) › Section 43-26-33 - Use of titles and abbreviations by licensed practical nurses

(a)
Any person who is licensed as a practical nurse shall have the right to use the title "Licensed Practical Nurse" and the abbreviation "L.P.N." and shall identify that he or she is so licensed by displaying either such title or abbreviation on a name tag or similar form of identification during times when such person is providing direct patient care. No other person shall assume such title or use such abbreviation or any other words, letters, signs, or symbols to indicate that such person is a licensed practical nurse in Georgia.
(b)
No person shall use the title "nurse" or any other title or abbreviation that would represent to the public that a person is authorized to practice nursing unless the person is licensed or otherwise authorized under this article or Article 1 of this chapter.
Amended by 2015 Ga. Laws 160,§ 3, eff. 5/6/2015.
Amended by 2011 Ga. Laws 247,§ 1B, eff. 5/13/2011.
Amended by 2005 Ga. Laws 19,§ 43, eff. 4/7/2005.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 2 - LICENSED PRACTICAL NURSES (§§ 43-26-30 — 43-26-43) › Section 43-26-34 - [Repealed] Board of examiners created; appointment of members; terms; filling of vacancies; meetings; reimbursement of expenses

Repealed by 2013 Ga. Laws 200,§ 4, eff. 7/1/2014.
Amended by 2008 Ga. Laws 472,§ 7, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 2 - LICENSED PRACTICAL NURSES (§§ 43-26-30 — 43-26-43) › Section 43-26-35 - [Repealed] Duties of board generally

Repealed by 2013 Ga. Laws 200,§ 5, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 2 - LICENSED PRACTICAL NURSES (§§ 43-26-30 — 43-26-43) › Section 43-26-36 - Application for licensure; examination

(a)
All applicants for a license to practice as a licensed practical nurse shall make application through the board. An applicant for licensure who has not been duly examined according to the prescribed examination approved by the board and who does not otherwise qualify for licensure under this article must apply by examination. Such applicants shall submit to the board a designated fee and written evidence verifying that the applicant:
(1)
Is at least 18 years of age;
(2)
Has graduated from high school or the equivalent thereof;
(3)
Has graduated from an approved nursing education program, as defined in Code Section
43-26-32
or from a nursing education program located outside of the United States that is determined by the board to be equivalent to and not less stringent than an approved nursing education program as defined in Code Section
43-26-32
;
(4)
Is in good physical and mental health;
(5)
In the case of an applicant who has graduated from a program conducted in a foreign country, has demonstrated the ability to speak, write, and understand the English language; and
(6)
Meets such other criteria as established by the board.
(b)
A person who is at least 17 years of age and meets all of the criteria set forth in subsection (a) of this Code section may apply to the board for special consideration to take the examination for licensure.
(c)
Notwithstanding Code Section
43-1-35
, or any other provision of law, the board, in collaboration with the Department of Veterans Service, shall establish a program through which military medical personnel may provisionally operate within their scope of practice and training for a period of 12 months without meeting the requirements provided for in paragraphs (3), (5), and (6) of subsection (a) of this Code section.
(d)
For purposes of this Code section, the term 'military medical personnel' means an individual who has, within 12 months of seeking licensure pursuant to this Code section, served as a medic in the United States Army, medical technician in the United States Air Force, or corpsman in the United States Navy or Coast Guard and who was discharged or released from such service under conditions other than dishonorable.
Amended by 2024 Ga. Laws 486,§ 1-4, eff. 7/1/2024.
Amended by 2015 Ga. Laws 160,§ 4, eff. 5/6/2015.
Amended by 2013 Ga. Laws 200,§ 6, eff. 7/1/2014.
Amended by 2009 Ga. Laws 60,§ 5, eff. 4/29/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 2 - LICENSED PRACTICAL NURSES (§§ 43-26-30 — 43-26-43) › Section 43-26-36.1 - Fingerprint record and criminal background checks for applicants for licensure; fees

Any applicant for licensure under this article shall have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this article shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check.
Added by 2011 Ga. Laws 107,§ 1, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 2 - LICENSED PRACTICAL NURSES (§§ 43-26-30 — 43-26-43) › Section 43-26-37 - Issuance of license upon passing examination; further educational and training requirements for applicants failing to pass examination within certain period of time

(a)
Any applicant who meets the license requirements stated in Code Section
43-26-36
or subsection (b) of Code Section
43-26-38
and passes the required exam may be issued a license to practice as a licensed practical nurse.
(b)
An applicant who has not passed the examination within a time period established by the board, which shall not exceed three years, shall be required to complete further education and training which may include the successful completion of an approved nursing education program as defined in Code Section
43-26-32
.
Amended by 2015 Ga. Laws 160,§ 5, eff. 5/6/2015.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 2 - LICENSED PRACTICAL NURSES (§§ 43-26-30 — 43-26-43) › Section 43-26-39 - Renewal of license; continuing competency requirements; voluntary surrender; application for reinstatement; temporary permit

(a)
Licenses issued under this article shall be renewed biennially prior to the expiration of the license according to schedules and fees decided by the board and approved by the division director.
(b)
A license shall be renewed for any licensed practical nurse who remits the required fee and complies with the requirements established by the board.
(b.1)
Beginning with the 2017 license renewal cycle, an applicant for license renewal under this article shall meet one of the following continuing competency requirements during the previous licensure period:
(1)
Completion of 20 continuing education hours by a board approved provider; or
(2)
Completion of an accredited academic program of study in registered professional nursing, as recognized by the board.
Failure to meet the minimum continuing competency requirement for renewal of a license shall be grounds for denial of a renewal application. The board may waive or modify the requirements contained in this subsection in cases of hardship, disability, or illness or under such other circumstances as the board, in its discretion, deems appropriate. An applicant who is renewing a license for the first time shall not be required to meet the requirements of this subsection until the time of the second renewal if the applicant's initial license period is six months or less.
(c)
The voluntary surrender of a license or the failure to renew a license by the end of an established renewal period shall have the same effect as revocation of said license, subject to reinstatement at the discretion of the board. The board may restore and reissue a license and, as a condition thereof, may impose any disciplinary sanction provided by Code Section
43-1-19
upon such grounds as specified in Code Sections
43-1-19
and
43-26-40
.
(d)
Any license that is not renewed by the end of the renewal period may not thereafter be renewed, and the licensee must apply for reinstatement. Applicants for reinstatement shall meet continuing competency requirements as established by the board.
(e)
The board may issue a temporary permit to qualified applicants under such terms and conditions as specified in the rules and regulations of the board, but in no event shall such a temporary permit be issued to an applicant who has failed to pass the required examination.
(f)
Other criteria for reinstatement may be determined by the rules of the board, including, but not limited to, additional coursework, a refresher course, supervised clinical practice, or examination by the board.
Amended by 2015 Ga. Laws 160,§ 7, eff. 5/6/2015.
Amended by 2013 Ga. Laws 266,§ 3, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 2 - LICENSED PRACTICAL NURSES (§§ 43-26-30 — 43-26-43) › Section 43-26-41 - Exceptions to licensure requirements; burden of proof

(a)
No provision in this article shall be construed to require licensure in Georgia as a licensed practical nurse in:
(1)
The practice of practical nursing by students when such practice is an integral part of a curriculum in a board approved practical nursing education program leading to initial licensure;
(2)
The rendering of assistance by anyone in the case of an emergency or disaster;
(3)
The incidental care of the sick by members of the family, friends, or persons primarily utilized as housekeepers, provided that such care does not constitute the practice of practical nursing within the meaning of this article and individuals do not hold themselves out as being licensed practical nurses;
(4)
Caring for the sick in accordance with tenets or practices of any church or religious denomination which teaches reliance upon spiritual means through prayer for healing;
(5)
The performance of auxiliary services in the care of patients when such care and activities do not require the knowledge and skill required of a person practicing practical nursing as a licensed practical nurse and when such care and activities are performed under orders or directions of a licensed physician, licensed dentist, licensed podiatrist, or person licensed to practice nursing as a registered professional nurse;
(6)
The practice of practical nursing as a licensed practical nurse by a person so licensed to practice in another state who is employed by the United States government or any bureau, division, or agency thereof while in the discharge of that person's official duties; and
(7)
The practice of practical nursing as a licensed practical nurse by a person currently licensed to practice in another state who is employed by an individual, agency, or corporation located in another state, whose employment responsibilities include transporting patients into, out of, or through this state for a period not to exceed 24 hours.
(b)
In a civil or administrative proceeding under this article, a person claiming an exemption or an exception pursuant to subsection (a) of this Code section has the burden of proving this exemption or exception. In a criminal proceeding, the burden of going forward with evidence of a claim of exemption or exception pursuant to subsection (a) of this Code section is on the person claiming the exemption or exception.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 2 - LICENSED PRACTICAL NURSES (§§ 43-26-30 — 43-26-43) › Section 43-26-42 - Criminal violations

It shall be a misdemeanor for any person, including any corporation, association, or individual, to:
(1)
Practice practical nursing as a licensed practical nurse without a valid current license, except as otherwise permitted under Code Section
43-26-41
;
(2)
Practice practical nursing as a licensed practical nurse under cover of any diploma, license, or record illegally or fraudulently obtained, signed, or issued;
(3)
Practice practical nursing as a licensed practical nurse during the time the license is suspended, revoked, surrendered, or administratively revoked for failure to renew;
(4)
Use any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a licensed practical nurse unless such person is duly licensed to practice under the provisions of this article;
(5)
Fraudulently furnish a license to practice nursing as a licensed practical nurse;
(6)
Knowingly employ any person to practice practical nursing as a licensed practical nurse who is not a licensed practical nurse;
(7)
Conduct a nursing education program in this state unless the program has been approved by the board; or
(8)
Knowingly aid or abet any person to violate this article.
Amended by 2015 Ga. Laws 160,§ 9, eff. 5/6/2015.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 3 - REPORTING OF NURSING VIOLATIONS (§§ 43-26-50 — 43-26-55) › Section 43-26-50 - Definitions

As used in this article, the term:
(1)
"Board" means the Georgia Board of Nursing.
(2)
"Nurse" means a registered professional nurse licensed or authorized pursuant to Article 1 or Article 4 of this chapter, an advanced practice registered nurse, as defined in paragraph (1.1) of Code Section
43-26-3
, or a licensed practical nurse licensed or authorized pursuant to Article 2 or Article 4 of this chapter.
Amended by 2019 Ga. Laws 48,§ 4, eff. 5/12/2019.
Amended by 2014 Ga. Laws 669,§ 43, effective the later ofJuly 1, 2014, or when funds are specifically appropriated for purposes of Ga. L. 2013, p. 830, §4, in an Appropriations Act making specific reference to such Act.
Added by 2013 Ga. Laws 266,§ 4, eff. 7/1/2013.
Added by 2006 Ga. Laws 463,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 3 - REPORTING OF NURSING VIOLATIONS (§§ 43-26-50 — 43-26-55) › Section 43-26-51 - Mandatory reporting requirement for violations of grounds for discipline; no reporting requirement for knowledge obtained via privileged communications

A nurse shall report names of subject individuals to the board if the nurse has reasonable cause to believe that any other nurse has violated any of the grounds for discipline provided for in Code Section
43-26-53
. A nurse need not duplicate a report if he or she has reasonable cause to believe that such report has been made to the board. A licensed health care professional shall not be required to report a nurse to the board under this Code section as a result of professional knowledge obtained in the course of the health care professional-patient relationship when the nurse is the patient.
Amended by 2014 Ga. Laws 669,§ 43, effective the later ofJuly 1, 2014, or when funds are specifically appropriated for purposes of Ga. L. 2013, p. 830, §4, in an Appropriations Act making specific reference to such Act.
Added by 2013 Ga. Laws 266,§ 4, eff. 7/1/2013.
Amended by 2009 Ga. Laws 102,§ 1-45, eff. 7/1/2009.
Added by 2006 Ga. Laws 463,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 3 - REPORTING OF NURSING VIOLATIONS (§§ 43-26-50 — 43-26-55) › Section 43-26-52 - Institutional reporting requirements; voluntary submission to alternative to discipline program not subject to reporting requirement

(a)
Hospitals, nursing homes, temporary staffing agencies, and other employers of registered professional nurses, advanced practice registered nurses, or licensed practical nurses shall report to the board, or ensure that such report has in fact been made to the board, the name of any nurse whose employment has been terminated or who has resigned in order to avoid termination for any reasons stipulated in Code Section
43-26-53
.
(b)
A state agency that licenses, registers, or certifies hospitals, nursing homes, home health agencies, or other types of health care facilities, or surveys one of these facilities or agencies, shall report to the board when such state agency has evidence that a nurse has violated Code Section
43-26-53
or ensure that such a report has in fact been made to the board.
(c)
In the event a nurse enters a voluntary alternative to discipline program approved by the board, reporting to the board shall not be required for such nurse by a person under this Code section. The board may approve alternative to discipline programs for monitoring of nurses who agree to seek treatment for impairment by chemical dependency or mental illness that could lead to disciplinary action by the board. The costs for any treatment programs shall be borne by the nurse.
(d)
The board shall inform, in the manner the board determines appropriate, nurses, facilities, agencies, and other persons of their duty to report under this article.
Amended by 2014 Ga. Laws 669,§ 43, effective the later ofJuly 1, 2014, or when funds are specifically appropriated for purposes of Ga. L. 2013, p. 830, §4, in an Appropriations Act making specific reference to such Act.
Added by 2013 Ga. Laws 266,§ 4, eff. 7/1/2013.
Amended by 2009 Ga. Laws 102,§ 1-46, eff. 7/1/2009.
Added by 2006 Ga. Laws 463,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 3 - REPORTING OF NURSING VIOLATIONS (§§ 43-26-50 — 43-26-55) › Section 43-26-53 - Reportable incidents

(a)
The following incidents shall be reported to the board in the event any person is:
(1)
Practicing nursing as a registered professional nurse, an advanced practice registered nurse, or a licensed practical nurse, without a valid, current license, except as otherwise permitted under Code Section
43-26-12
or
43-26-41
, as applicable;
(2)
Practicing nursing as a registered professional nurse, an advanced practice registered nurse, or a licensed practical nurse under cover of any diploma, license, or record illegally or fraudulently obtained, signed, or issued;
(3)
Practicing nursing as a registered professional nurse, an advanced practice registered nurse, or a licensed practical nurse during the time the applicable license is suspended, revoked, surrendered, or administratively revoked for failure to renew;
(4)
Using any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a registered professional nurse, an advanced practice registered nurse, or a licensed practical nurse unless such person is duly licensed or recognized by the board to practice as such under the provisions of this chapter;
(5)
Fraudulently furnishing a license to practice nursing as a registered professional nurse, an advanced practice registered nurse, or a licensed practical nurse;
(6)
Knowingly aiding or abetting any person in violating this chapter;
(7)
While holding a license as a nurse, convicted of any felony, crime involving moral turpitude, or crime violating a federal or state law relating to controlled substances or dangerous drugs in the courts of this state, any other state, territory, or country, or in the courts of the United States, including, but not limited to, a plea of nolo contendere entered to the charge; or
(8)
While holding a license as a nurse, currently or previously displaying an inability to practice nursing as a registered professional nurse, an advanced practice registered nurse, a licensed undergraduate nurse, or a licensed practical nurse with reasonable skill and safety due to use of alcohol, drugs, narcotics, or chemicals.
(b)
Minor incidents, as defined by the board, shall not be required to be reported pursuant to this article when the continuing practice by the subject nurse does not pose a risk of harm to a patient or others and can be addressed through corrective action by the nurse's employer. The board shall adopt rules governing reporting of minor incidents. The board may evaluate a complaint and determine that it is a minor incident under this Code section.
Amended by 2015 Ga. Laws 9,§ 43, eff. 3/13/2015.
Amended by 2014 Ga. Laws 669,§ 43, effective the later of July 1, 2014, or when funds are specifically appropriated for purposes of Ga. L. 2013, p. 830, §4, in an Appropriations Act making specific reference to such Act.
Added by 2013 Ga. Laws 266,§ 4, eff. 7/1/2013.
Added by 2006 Ga. Laws 463,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 3 - REPORTING OF NURSING VIOLATIONS (§§ 43-26-50 — 43-26-55) › Section 43-26-54 - Court order; citation for civil contempt

The board may seek an order from a court of competent jurisdiction for a report from a nurse as required by Code Section
43-26-51
if one is not forthcoming voluntarily. The board may seek a citation for civil contempt if a court order for a report is not obeyed by such nurse.
Amended by 2014 Ga. Laws 669,§ 43, effective the later ofJuly 1, 2014, or when funds are specifically appropriated for purposes of Ga. L. 2013, p. 830, §4, in an Appropriations Act making specific reference to such Act.
Added by 2013 Ga. Laws 266,§ 4, eff. 7/1/2013.
Added by 2006 Ga. Laws 463,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 3 - REPORTING OF NURSING VIOLATIONS (§§ 43-26-50 — 43-26-55) › Section 43-26-55 - Immunity from liability for good-faith reporting

(a)
No nurse, hospital, nursing home, temporary staffing agency, employer, state agency, or other person required to report a nurse to the board under this article, who, in good faith, either reports or fails to report, shall be subject to civil or criminal liability or discipline for unprofessional conduct for such action or inaction.
(b)
A physician or other licensed health care professional who, at the request of the board, examines a nurse shall be immune from suit for damages by the nurse examined if the examining physician or examining health care professional conducted the examination and made findings or diagnoses in good faith.
Amended by 2014 Ga. Laws 669,§ 43, effective the later ofJuly 1, 2014, or when funds are specifically appropriated for purposes of Ga. L. 2013, p. 830, §4, in an Appropriations Act making specific reference to such Act.
Added by 2013 Ga. Laws 266,§ 4, eff. 7/1/2013.
Amended by 2008 Ga. Laws 472,§ 7, eff. 7/1/2008.
Added by 2006 Ga. Laws 463,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 4 - NURSE LICENSURE COMPACT (§§ 43-26-60 — 43-26-65) › Section 43-26-60 - Short title

This article shall be known and may be cited as the "Nurse Licensure Compact."
Added by 2017 Ga. Laws 175,§ 3, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 4 - NURSE LICENSURE COMPACT (§§ 43-26-60 — 43-26-65) › Section 43-26-62 - Rules and regulations

The Georgia Board of Nursing shall be authorized to promulgate rules and regulations to implement the provisions of this article.
Added by 2017 Ga. Laws 175,§ 3, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 4 - NURSE LICENSURE COMPACT (§§ 43-26-60 — 43-26-65) › Section 43-26-63 - Nurse Licensure Compact administrator

The executive director of the Georgia Board of Nursing shall serve as the Nurse Licensure Compact administrator for this state.
Added by 2017 Ga. Laws 175,§ 3, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 4 - NURSE LICENSURE COMPACT (§§ 43-26-60 — 43-26-65) › Section 43-26-64 - Statutes applicable to nurses practicing under multistate license

A registered professional nurse or licensed practical nurse practicing in this state under a multistate license issued by another party state shall be subject to all requirements and duties applicable to registered professional nurses or licensed practical nurses who are licensed pursuant to Article 1 or Article 2 of this chapter, respectively.
Added by 2017 Ga. Laws 175,§ 3, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 26 - NURSES (§§ 43-26-1 — 43-26-65) › Article 4 - NURSE LICENSURE COMPACT (§§ 43-26-60 — 43-26-65) › Section 43-26-65 - [Repealed] Applicability of article to nurses whose states have substantially similar licensure requirements

Repealed by 2019 Ga. Laws 48,§ 5, eff. 5/12/2019.
Added by 2017 Ga. Laws 175,§ 3, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 27 - NURSING HOME ADMINISTRATORS (§§ 43-27-1 — 43-27-12) › Section 43-27-1 - Definitions

As used in this chapter, the term:
(1)
"Administrator" means a person who operates, manages, supervises, or is in charge of a long-term care facility.
(2)
"Assisted living community" means a facility licensed pursuant to Code Section
31-7-12.2
.
(3)
"Assisted living community administrator" means a person who operates, manages, supervises, or is in charge of an assisted living community.
(4)
"Board" means the State Board of Long-Term Care Facility Administrators.
(5)
"Long-term care facility" means a personal care home, an assisted living community, or a nursing home.
(6)
"Nursing home" has the same meaning as prescribed by the Department of Community Health in the rules and regulations for nursing homes.
(7)
"Nursing home administrator" means a person who operates, manages, supervises or is in charge of a nursing home.
(8)
"Personal care home" means a facility licensed pursuant to Code Section
31-7-12
which has 25 or more beds.
(9)
"Personal care home administrator" means a person who operates, manages, supervises, or is in charge of a personal care home.
Amended by 2020 Ga. Laws 403,§ 9, eff. 6/30/2020.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 27 - NURSING HOME ADMINISTRATORS (§§ 43-27-1 — 43-27-12) › Section 43-27-2 - State Board of Long-Term Care Facility Administrators; members

(a)
There is created the State Board of Long-Term Care Facility Administrators, which, on and after June 30, 2022, shall consist of eleven members. The members of the board shall be appointed by the Governor and confirmed by the Senate, as follows:
(1)
Four members who are nursing home administrators in this state, at least one of whom shall represent nonproprietary nursing homes;
(2)
Four members, each of whom are either a personal care home administrator or an assisted living community administrator; provided, however, that on and after July 1, 2021, all successor members appointed pursuant to this paragraph shall be either a licensed personal care home administrator or a licensed assisted living community administrator;
(3)
Two members of the public at large who are not personal care home administrators, assisted living community administrators, or nursing home administrators or pecuniarily interested in any personal care home, assisted living community, or nursing home, or have any connection with the personal care home, assisted living community, or nursing home industry whatsoever; and
(4)
One member who is a health care professional with at least a bachelor's degree, experience in elder care, and knowledge in dementia care and who is not a personal care home administrator, an assisted living community administrator, or a nursing home administrator or pecuniarily interested in any personal care home, assisted living community, or nursing home, or has any connection with the personal care home, assisted living community, or nursing home industry whatsoever.
(b)
The term for all members shall be three years from the date of appointment. A member may be removed as provided in Code Section
43-1-17
, including removal for failing to attend three meetings in one calendar year. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position.
Amended by 2022 Ga. Laws 816,§ 1, eff. 7/1/2022.
Amended by 2022 Ga. Laws 782,§ 43, eff. 5/2/2022.
Amended by 2020 Ga. Laws 403,§ 9, eff. 6/30/2020.
Amended by 2009 Ga. Laws 102,§ 1-47, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 1-6, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 27 - NURSING HOME ADMINISTRATORS (§§ 43-27-1 — 43-27-12) › Section 43-27-3 - Election of officers; rules and regulations; reimbursement of members; division director as secretary of board

The board shall elect a chairman and vice-chairman from its membership and such other officers as it shall deem necessary and shall adopt rules and regulations to govern its proceedings. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section
43-1-2
. The division director shall be the executive secretary of the board.
Amended by 2020 Ga. Laws 403,§ 9, eff. 6/30/2020.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 27 - NURSING HOME ADMINISTRATORS (§§ 43-27-1 — 43-27-12) › Section 43-27-4 - Board's authority to determine qualifications of administrators

The board shall have sole and exclusive authority to determine the qualifications, skill, and fitness of any person to serve as an administrator of a personal care home, an assisted living community, or a nursing home under this chapter; and the holder of a license under this chapter shall be deemed qualified to serve as the administrator of such personal care home, assisted living community, or nursing home, as applicable.
Amended by 2020 Ga. Laws 403,§ 9, eff. 6/30/2020.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 27 - NURSING HOME ADMINISTRATORS (§§ 43-27-1 — 43-27-12) › Section 43-27-6 - License requirement for administrators; qualifications

(a)
(1)
Prior to July 1, 2021, no person shall serve as a nursing home administrator until first obtaining a license from the board.
(2)
On and after July 1, 2021, no person shall serve as an administrator of a long-term care facility until first obtaining a license from the board; provided, however, that an individual hired as an administrator of a long-term care facility shall have 60 days from the date of hire to obtain such licensure.
(b)
The board shall issue licenses as administrators only to persons who:
(1)
Are at least 21 years of age;
(2)
Are of reputable and responsible character;
(3)
Meet the standards and the criteria established by the board to evidence the applicant's qualifications by training and experience to operate a personal care home, an assisted living community, or a nursing home, provided that two years of experience working in a personal care home, an assisted living community, or a nursing home shall be equivalent to one year of any academic education and training requirements established by the board; and such experience may be substituted without limitation for such education and training requirements; and
(4)
Satisfactorily pass a written or oral examination, or both, approved by the board to determine the applicable qualifications of the applicant to operate a personal care home, an assisted living community, or a nursing home.
Amended by 2020 Ga. Laws 403,§ 9, eff. 6/30/2020.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 27 - NURSING HOME ADMINISTRATORS (§§ 43-27-1 — 43-27-12) › Section 43-27-7 - Reciprocity; provisional license

(a)
The board, in its discretion and otherwise subject to this chapter and the rules and regulations of the board promulgated under this chapter prescribing the qualifications for a personal care home administrator license, an assisted living community administrator license, and a nursing home administrator license, may issue a license to a personal care home administrator, an assisted living community administrator, or a nursing home administrator who has been issued a license by the proper authorities of any state or issued a certificate of qualification by any national organization, upon payment of a fee to be fixed by the board and upon submission of evidence satisfactory to the board that such other state or national organization maintains a system and standard of qualifications and examinations for a personal care home administrator license, an assisted living community administrator license, or a nursing home administrator license or certificate which is substantially equivalent to those required in this state.
(b)
An applicant for licensure who meets the qualifications of subsection (a) of this Code section may be issued a provisional license by the board to practice as a personal care home administrator, assisted living community administrator, or nursing home administrator which shall be valid until the results of any examination required by the board and for which the applicant is scheduled to take are released. An applicant who has been issued a provisional license will be scheduled by the board to take the first available examination. If the applicant passes the examination, the provisional license shall be valid until the permanent license is issued. If the applicant fails to appear for the examination or if the applicant fails the examination, the provisional license shall become invalid immediately. The board may authorize the issuance of a second provisional license only to an applicant who provides just cause to the board as to why the applicant was unable to appear for the examination.
Amended by 2020 Ga. Laws 403,§ 9, eff. 6/30/2020.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 27 - NURSING HOME ADMINISTRATORS (§§ 43-27-1 — 43-27-12) › Section 43-27-8 - Biennial license fees and renewal; applicability to superintendent of state hospital or facility

Each person licensed as an administrator shall be required to pay a biennial license fee in an amount to be fixed by the board. Such license shall expire on the renewal date established by the division director and shall be renewable for two years upon payment of the biennial license fee. No license fee shall be required of any superintendent of a state hospital or facility during such time as the superintendent is acting or serving in the capacity as a nursing home administrator in a state institution and as an employee of the state.
Amended by 2020 Ga. Laws 403,§ 9, eff. 6/30/2020.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 27 - NURSING HOME ADMINISTRATORS (§§ 43-27-1 — 43-27-12) › Section 43-27-9 - Restoration of suspended or revoked license

The board may, for good cause shown and under such conditions as it may prescribe, restore a license to any person whose license has been suspended or revoked.
Amended by 2020 Ga. Laws 403,§ 9, eff. 6/30/2020.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 27 - NURSING HOME ADMINISTRATORS (§§ 43-27-1 — 43-27-12) › Section 43-27-10 - Local fees

No provision of this chapter shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any license fee, registration fee, tax, or gross receipt tax on any profession covered by this chapter or upon any related profession or anyone engaged in any related profession governed by this chapter.
Amended by 2020 Ga. Laws 403,§ 9, eff. 6/30/2020.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 27 - NURSING HOME ADMINISTRATORS (§§ 43-27-1 — 43-27-12) › Section 43-27-11 - Penalty

(a)
Any person who acts or serves in the capacity of a nursing home administrator without holding a license as a nursing home administrator issued in accordance with this chapter shall be guilty of a misdemeanor.
(b)
Any person who knowingly acts or serves in the capacity of a personal care home administrator or assisted living community administrator without holding an appropriate license as such, issued in accordance with this chapter, shall be guilty of a misdemeanor.
(c)
Any person not licensed under this chapter as a nursing home administrator who holds himself or herself out to be a licensed nursing home administrator or uses the initials N.H.A. after his or her name shall be guilty of a misdemeanor.
Amended by 2020 Ga. Laws 403,§ 9, eff. 6/30/2020.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 1 - [GEORGIA OCCUPATIONAL THERAPY PRACTICE] (§§ 43-28-1 — 43-28-17) › Section 43-28-1 - Short title

This article shall be known and may be cited as the "Georgia Occupational Therapy Practice Act."
Amended by 2019 Ga. Laws 246,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 1 - [GEORGIA OCCUPATIONAL THERAPY PRACTICE] (§§ 43-28-1 — 43-28-17) › Section 43-28-2 - Declaration of purpose

This article was enacted to safeguard the public health, safety, and welfare and to assure the availability of occupational therapy services of high quality to persons in need of such services. It is the purpose of this article to provide for the regulation of persons representing themselves as occupational therapists or as occupational therapy assistants, or persons performing services that constitute occupational therapy.
Amended by 2019 Ga. Laws 246,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 1 - [GEORGIA OCCUPATIONAL THERAPY PRACTICE] (§§ 43-28-1 — 43-28-17) › Section 43-28-4 - State Board of Occupational Therapy; members

(a)
There is established the State Board of Occupational Therapy.
(b)
The board shall consist of six members who shall each be appointed by the Governor and confirmed by the Senate for a term of four years and until a successor is appointed and qualified.
(c)
The members of the board shall be citizens of the United States and residents of this state for at least one year prior to their appointment.
(d)
(1)
Five members of the board shall have been engaged in rendering services to the public, teaching, or research in occupational therapy for at least three years immediately preceding their appointment and may be occupational therapists or occupational therapy assistants and shall at all times be holders of valid licenses for the practice of occupational therapy in this state. All of such members shall fulfill the requirements for licensure of this article.
(2)
The sixth member shall be appointed from the public at large and shall have no connection whatsoever with the profession or practice of occupational therapy.
(e)
At the expiration of a term, a board member shall be appointed in the same manner as the initial appointment; but no person shall be appointed to serve more than two consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed.
(f)
When a vacancy occurs on the board, the Governor shall appoint a member to fill the unexpired term.
(g)
The Governor, after notice and opportunity for hearing by the board, may remove any member of the board for neglect of duty, incompetence, revocation or suspension of his or her license, or other dishonorable conduct. After such removal or vacancy due to other reasons, the Governor shall appoint a successor to the unexpired term.
Amended by 2019 Ga. Laws 246,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 1 - [GEORGIA OCCUPATIONAL THERAPY PRACTICE] (§§ 43-28-1 — 43-28-17) › Section 43-28-5 - Division director as secretary of board; subpoenas; service; official records or affidavits as prima-facie evidence

(a)
The division director shall be secretary of the board and in addition to his or her powers and duties prescribed by Chapter 1 of this title shall perform such other administrative duties as may be prescribed by the board.
(b)
In a contested case, the division director on behalf of the board shall have the power to subpoena throughout the state witnesses, designated documents, papers, books, accounts, letters, photographs, and objects or other tangible things.
(c)
All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the division director at his or her office.
(d)
All official records of the board or affidavits by the division director certifying the content of such records shall be prima-facie evidence of all matters required to be kept therein.
(e)
The division director, guided by the recommendations of the board, shall act in all matters relating to this article.
Amended by 2019 Ga. Laws 246,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 1 - [GEORGIA OCCUPATIONAL THERAPY PRACTICE] (§§ 43-28-1 — 43-28-17) › Section 43-28-6 - General powers and duties of board; continuing professional education; background checks

(a)
The board shall administer, coordinate, and enforce this article.
(b)
The board shall adopt rules and regulations to carry out the policy of this article, including, but not limited to, rules and regulations relating to professional licensure and the establishment of ethical standards of practice.
(c)
The board shall have the responsibility of evaluating and determining the qualifications of occupational therapist and occupational therapy assistant applicants for licensure under this article and shall assist the division director in carrying out this article.
(d)
In a timely manner, the board shall:
(1)
Authorize the issuance and renewal of licenses to qualified occupational therapists and occupational therapy assistants; and
(2)
Discipline and sanction licensees.
(e)
The division director shall have the authority to contract with an outside agency for services providing for the supervision and administration of the examination as needed.
(f)
The board may initiate investigations, issue subpoenas, examine witnesses, and administer oaths and may investigate allegations of practices violating this article and board rules. For purposes of this subsection, an authorized agent of the board shall have the power and right to enter and make reasonable inspection of any place where occupational therapy is practiced.
(g)
The board may provide for the continuing professional education of persons subject to this article by appropriate regulation.
(h)
The board shall administer the Occupational Therapy Licensure Compact contained in Article 2 of this chapter.
(i)
The board is authorized to conduct national background checks by the submission of fingerprints to the Federal Bureau of Investigation through the Georgia Crime Information Center; provided, however, that reports from such background checks shall not be shared with entities outside the state.
Amended by 2021 Ga. Laws 286,§ 2, eff. 7/1/2021.
Amended by 2019 Ga. Laws 246,§ 1, eff. 7/1/2019.
Amended by 2011 Ga. Laws 52,§; 70, eff. 1/1/2013.
Amended by 2002 Ga. Laws 462, §; 43, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 1 - [GEORGIA OCCUPATIONAL THERAPY PRACTICE] (§§ 43-28-1 — 43-28-17) › Section 43-28-7 - License requirement for occupational therapists

No person shall, unless such person is licensed in accordance with this article:
(1)
Practice occupational therapy or assist in the practice of occupational therapy; or
(2)
Hold himself or herself out as an occupational therapist or an occupational therapy assistant or as being able to render occupational therapy services in this state.
Amended by 2019 Ga. Laws 246,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 1 - [GEORGIA OCCUPATIONAL THERAPY PRACTICE] (§§ 43-28-1 — 43-28-17) › Section 43-28-8 - License requirements for therapy techniques involving physical agent modalities

(a)
No person shall utilize occupational therapy techniques involving physical agent modalities unless such person:
(1)
Is licensed according to this article; and
(2)
Has successfully completed a minimum of 90 hours of instruction or training approved by the board which covers the following subjects:
(A)
Principles of physics related to specific properties of light, water, temperature, sound, or electricity, as indicated by selected modality;
(B)
Physiological, neurophysiological, and electrophysiological, as indicated, changes which occur as a result of the application of the selected modality;
(C)
The response of normal and abnormal tissue to the application of the modality;
(D)
Indications and contraindications related to the selection and application of the modality;
(E)
Guidelines for treatment or administration of the modality within the philosophical framework of occupational therapy;
(F)
Appropriate selection and practical application of physical agent modalities, including determining treatment parameters based on existing pathology, impairments, functional limitations, and expected outcomes;
(G)
Guidelines for educating the patient, including instructing the patient as to the process and possible outcomes of treatment, including risks and benefits;
(H)
Safety rules and precautions related to the selected modality;
(I)
Methods for documenting the effectiveness of immediate and long-term effects of treatment; and
(J)
Characteristics of the equipment, including safe operation, adjustment, and care of the equipment.
(b)
The board shall promulgate rules and regulations specifically pertaining to the use of physical agent modalities by a person licensed under this article.
Amended by 2019 Ga. Laws 246,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 43 - PROFESSIONS AND BUSINESSES (§§ 43-1-1 — 43-51-15) › Chapter 28 - OCCUPATIONAL THERAPISTS (§§ 43-28-1 — 43-28-21) › Article 1 - [GEORGIA OCCUPATIONAL THERAPY PRACTICE] (§§ 43-28-1 — 43-28-17) › Section 43-28-8.1 - [Repealed]

Repealed by 2019 Ga. Laws 246,§ 1, eff. 7/1/2019.