Ga. Code § 43-26-5

Current through 2023-2024 Legislative Session Chapters 1-597, 604, 609, 612, 696, 697
Section 43-26-5 - General powers and responsibilities of board
(a) The board shall:
(1) Be responsible for the enforcement of the provisions of this chapter and shall be specifically granted all of the necessary duties, powers, and authority to carry out this responsibility;
(2) Be authorized to draft, adopt, amend, repeal, and enforce such rules as it deems necessary for the administration and enforcement of this chapter in the protection of public health, safety, and welfare;
(3) Enforce qualifications for licensure under this article or Article 2 or Article 4 of this chapter;
(4) Develop and enforce reasonable and uniform standards for nursing education and nursing practice;
(5) Periodically evaluate nursing education programs and approve such programs as meet the board's requirements;
(6) Deny or withdraw approval from noncompliant nursing education programs;
(7) License duly qualified applicants under this article or Article 2 of this chapter by examination, endorsement, or reinstatement;
(8) Be authorized to issue temporary permits;
(9) Renew licenses of registered professional nurses, licensed undergraduate nurses, and licensed practical nurses in accordance with this article or Article 2 of this chapter;
(10) Be authorized to set standards for competency of licensees under this article or Article 2 of this chapter continuing in or returning to practice;
(11) Set standards for and regulate advanced nursing practice;
(12) Be authorized to enact rules and regulations for registered professional nurses in their performing acts under a nurse protocol as authorized in Code Section 43-34-23 and enact rules and regulations for advanced practice registered nurses in performing acts as authorized in Code Section 43-34-25;
(13) Implement the disciplinary process;
(14) Be authorized to issue orders when a license under this article or Article 2 of this chapter is surrendered to the board while a complaint, investigation, or disciplinary action against such license is pending;
(15) Issue a limited license to practice nursing or licensed practical nursing subject to such terms and conditions as the board may impose;
(16) Provide consultation and conduct conferences, forums, studies, and research on nursing education and nursing practice;
(17) Approve the selection of a qualified person to serve as executive director;
(18) Be authorized to appoint standing or ad hoc committees as necessary to inform and make recommendations to the board about issues and concerns and to facilitate communication amongst the board, licensees under this article or Article 2 of this chapter, and the community;
(19) Maintain membership in the national organization which develops and regulates the nursing licensing examination and the practical nursing licensing examination;
(20) Be authorized to collect data regarding existing nursing and licensed practical nursing resources in Georgia and coordinate planning for nursing education and nursing practice;
(21) Determine fees;
(22) Adopt a seal which shall be in the care of the executive director and shall be affixed only in such a manner as prescribed by the board;
(23) Be authorized to enforce all investigative and disciplinary orders issued by the former Georgia Board of Examiners of Licensed Practical Nurses;
(24) Issue and renew multistate licenses pursuant to Article 4 of this chapter;
(25) Take any action with respect to a multistate license issued by this state pursuant to Article 4 of this chapter and with respect to the privilege to practice in this state under a multistate license issued by another party state pursuant to the compact in Code Section 43-26-61 in the same manner as is authorized with respect to a license issued pursuant to this article or Article 2 of this chapter; and
(26) Provide notice to nurses holding multistate licenses pursuant to Article 4 of this chapter who are employed in this state and to health care providers and entities that employ such nurses that if such nurses change their primary state of residence to Georgia, they are required to apply for licensure in Georgia pursuant to the compact contained in Article 4 of this chapter.
(b) The board shall be the sole professional licensing board for determining if a registered professional nurse, licensed practical nurse, or any other person has engaged illegally in the practice of nursing. If a registered professional nurse or licensed practical nurse is charged with the unauthorized practice of any other health profession by any other board, such board shall notify the Georgia Board of Nursing before conducting any hearing. Nothing contained in this chapter shall be construed to limit any powers of any other board.
(c) Chapter 1 of this title is expressly adopted and incorporated by reference into this chapter as if all the provisions of such chapter were included in this chapter.

OCGA § 43-26-5

Amended by 2019 Ga. Laws 48,§ 2, eff. 5/12/2019.
Amended by 2017 Ga. Laws 175,§ 2, eff. 7/1/2017.
Amended by 2015 Ga. Laws 160,§ 1, eff. 5/6/2015.
Amended by 2013 Ga. Laws 200,§ 2, eff. 7/1/2014.
Amended by 2009 Ga. Laws 243,§ 12, eff. 7/1/2009.
Amended by 2006 Ga. Laws 463,§ 4, eff. 7/1/2006.