2021 Georgia Code
Title 43 - Professions and Businesses
Chapter 26 - Nurses
Article 2 - Licensed Practical Nurses
§ 43-26-32. (See Editor's notes.) Definitions

As used in this article, the term:

1. "Active practice as a licensed practical nurse" means to practice practical nursing as a licensed practical nurse by performing for compensation acts authorized by the board.

   (1.1) "Approved nursing education program" located in this state means a nursing education program approved by the board as meeting criteria established by the board. An "approved nursing education program" located outside this state means a nursing education program that the board has determined to meet criteria similar to and not less stringent than criteria established by the board for nursing education programs located in this state. In order to be approved by the board, a nursing education program must be one that is offered by:

   1. A unit of the University System of Georgia accredited by the Commission on Colleges of the Southern Association of Colleges and Schools;
   2. An institution of the Technical College System of Georgia;
   3. A postsecondary institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education; or
   4. A postsecondary institution of higher education that is not accredited in accordance with subparagraph (C) of this paragraph, but whose curriculum has been determined by the board to meet criteria similar to and not less stringent than criteria established by the board for other approved nursing education programs.
2. "Board" means the Georgia Board of Nursing created in Code Section 43-26-4.
3. Reserved.
4. "License" means a current document, issued by the board, permitting a person to practice practical nursing as a licensed practical nurse. This term shall also include a multistate license issued by another state in accordance with Article 4 of this chapter permitting a person to practice practical nursing as a licensed practical nurse in this state under a multistate licensure privilege.
5. "Licensed practical nurse" means a person who has completed a board approved nursing program necessary to qualify for examination for licensure and who is authorized by a license issued under this article to practice practical nursing.
6. "Licensure" means the bestowing of a current license by the board permitting a person to practice practical nursing as a licensed practical nurse.
7. "The practice of licensed practical nursing" means the provision of care for compensation, under the supervision of a physician practicing medicine, a dentist practicing dentistry, a podiatrist practicing podiatry, or a registered nurse practicing nursing in accordance with applicable provisions of law.Such care shall relate to the maintenance of health and prevention of illness through acts authorized by the board, which shall include, but not be limited to, the following:
   1. Participating in the assessment, planning, implementation, and evaluation of the delivery of health care services and other specialized tasks when appropriately trained and consistent with board rules and regulations;
   2. Providing direct personal patient observation, care, and assistance in hospitals, clinics, nursing homes, or emergency treatment facilities, or other health care facilities in areas of practice including, but not limited to: coronary care, intensive care, emergency treatment, surgical care and recovery, obstetrics, pediatrics, outpatient services, home health care, or other such areas of practice;
   3. Performing comfort and safety measures;
   4. Administering treatments and medication; and
   5. Participating in the management and supervision of unlicensed personnel in the delivery of patient care.

(Code 1981, §43-26-32, enacted by Ga. L. 1992, p. 2151, § 1; Ga. L. 1993, p. 471, § 1; Ga. L. 2009, p. 210, § 4/HB 475; Ga. L. 2012, p. 19, § 2/HB 675; Ga. L. 2013, p. 643, § 3/HB 332; Ga. L. 2019, p. 219, § 3/SB 168.)

The 2013 amendment, effective July 1, 2014, substituted the present provisions of paragraph (2) for the former provisions, which read: "'Board' means the Georgia Board of Examiners of Licensed Practical Nurses created in Code Section 43-26-34."; and substituted "Reserved." for the former provisions of paragraph (3), which read: "'Consumer member' means a United States citizen and Georgia resident who is knowledgeable about consumer health concerns, does not derive that person's primary livelihood from the practice of nursing, and shall neither be nor ever have been a health care provider or enrolled in any health related educational program."

The 2019 amendment, effective April 25, 2019, added the second sentence in paragraph (4).

- Ga. L. 2013, p. 643, § 7/HB 332, not codified by the General Assembly, provides that: "For purposes of making initial appointments to the reconstituted Georgia Board of Nursing, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July 1, 2014." The Governor approved this Act on May 6, 2013.

For application of this statute in 2021, see Executive Order 01.22.21.07.

A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under Ga. L. 1953, Jan.-Feb. Sess., p. 333, § 2 are included in the annotations for this Code section.

Board of Examiners cannot change statutory provisions as to qualifications of licensed practical nurses. 1970 Op. Att'y Gen. No. U70-15 (decided under Ga. L. 1953, Jan.-Feb. Sess., p. 333, § 2).

- Since the use of the words "successfully" and "completed" clearly implies that an applicant must submit proof not only of having undertaken the required course of training, but also of having successfully completed such training, the Georgia Board of Examiners of Licensed Practical Nurses may not accept or approve projected applications for examination for licensure unless proof is properly submitted that an applicant has successfully completed a course of training in an approved school. 1980 Op. Att'y Gen. No. 80-32 (decided under Ga. L. 1953, Jan.-Feb. Sess., p. 333, § 2).

RESEARCH REFERENCES

ALR.

- Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.