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2018 Georgia Code 43-26-10 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-26-10 Case Law from Google Scholar Amendments to OCGA 43-26-10

TITLE 43 PROFESSIONS AND BUSINESSES

Section 26. Nurses, 43-26-1 through 43-26-65.

ARTICLE 1 GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT

43-26-10. Practicing as a registered professional nurse without a license prohibited.

It shall be a misdemeanor for any person, including any corporation, association, or individual, to:

  1. Practice nursing as a registered professional nurse, without a valid, current license, except as otherwise permitted under Code Section 43-26-12;
  2. Practice nursing as a registered professional nurse under cover of any diploma, license, or record illegally or fraudulently obtained, signed, or issued;
  3. Practice nursing as a registered professional 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 registered professional nurse or advanced practice registered nurse unless such person is duly licensed or recognized by the board so to practice under the provisions of this article;
  5. Fraudulently furnish a license to practice nursing as a registered professional nurse;
  6. Knowingly employ any person to practice nursing as a registered professional nurse who is not a registered professional nurse;
  7. Conduct a nursing education program preparing persons to practice nursing as registered professional nurses unless the program has been approved by the board; or
  8. Knowingly aid or abet any person to violate this article.

(Code 1981, §43-26-10, enacted by Ga. L. 1990, p. 747, § 1; Ga. L. 1994, p. 97, § 43; Ga. L. 2006, p. 125, § 6/SB 480.)

Law reviews.

- For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 209 (2006).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 84-9915, as it read prior to revision of this chapter by Ga. L. 1975, p. 501, are included in the annotations for this Code section.

Nursing permitted without certificate if no representation of registered status made.

- While certificate of Board of Examiners of Nurses (now Georgia Board of Nursing) is necessary to practice professional nursing as a graduate or registered nurse, any person may engage in nursing if no such representation is made. 1948-49 Op. Att'y Gen. p. 324 (decided under former Code 1933, § 84-9915).

Wearing "RDN" badge and representing self as registered or licensed nurse violates section.

- Wearing of badge "RDN," which is supposed to stand for "Registered Doctor's Nurse," alone and of itself does not violate the law; it would be a violation of law to wear such insignia for purpose of representing that the wearer thereof is a licensed undergraduate nurse, or a graduate or registered nurse. 1958-59 Op. Att'y Gen. p. 268 (decided under former Code 1933, § 84-9915).

Jury question.

- It is for the jury to decide whether the wearer of insignia "RDN" violates the law; in order to sustain a conviction, however, it is necessary to prove that the wearer of such insignia did so for purpose of deceiving the public into believing that the wearer was a licensed undergraduate nurse, or a graduate registered nurse. 1958-59 Op. Att'y Gen. p. 268 (decided under former Code 1933, § 84-9915).

RESEARCH REFERENCES

ALR.

- Practicing medicine, surgery, dentistry, optometry, podiatry, or other healing arts without license as a separate or continuing offense, 99 A.L.R.2d 654.

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