43-25A-8 (2019)
Authority of Secretary of State to investigate and act upon conduct
(a) The Secretary may revoke, suspend, deny, or refuse to issue or renew a license; place a licensee on probation; or issue a letter of admonition upon proof that the licensee:
(1) Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact;
(2) Has been convicted of a felony as provided under state law;
(3) Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under the individual’s care;
(4) Has had a license to practice music therapy suspended or revoked or has otherwise been subject to discipline related to the individual’s practice of music therapy in any other jurisdiction;
(5) Has committed a fraudulent insurance act;
(6) Excessively or habitually uses alcohol or drugs, provided that the Secretary shall not discipline an individual under this paragraph if the individual is enrolled in a substance abuse program approved by the office; or
(7) Has a physical or mental disability that renders the individual incapable of safely administering music therapy services.
(b) The Secretary is authorized to conduct investigations into allegations of conduct described in subsection (a) of this Code section.
(c) In addition to suspension, revocation, denial, or refusal to renew a license, the Secretary shall fine a person found to have violated any provision of this chapter or any rule adopted by the Secretary under this chapter not less than $100.00 nor more than $1,000.00 for each violation.
(d) The provisions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” shall be applicable to the Secretary of State and the provisions of this chapter.
History
Code 1981, § 43-25A-8, enacted by Ga. L. 2012, p. 884, § 1/SB 414.
CHAPTER 26 NURSES Sec.
Article 1 Georgia Registered Professional Nurse Practice Act Sec.
Short title. Legislative intent. Definitions. Georgia Board of Nursing; membership; meetings; officers. General powers and responsibilities of board. Use of certain titles and abbreviations by licensed nurses. Requirements for licensure as registered professional nurse; requirements for nontraditional nursing education program. Temporary permits. Biennial renewal of licenses; continuing competency requirements; voluntary surrender or failure to renew license; restoration and reissuance of license. Inactive status; restoration of inactive license; nurses on inactive status barred from practicing. Practicing as a registered professional nurse without a license prohibited. Denial or revocation of licenses; other discipline. Administration of anesthesia by certified registered nurse anesthetist. Exceptions to operation of article; burden of proof. Certain information given to the board by licensees. Article 2
Article 3 Mandatory Reporting Requirements for Nurses
Licensed Practical Nurses
Definitions. Use of titles and abbreviations by licensed practical nurses. [Reserved] Board of examiners created; appointment of members; terms; filling of vacancies; meetings; reimbursement of expenses. [Reserved] Duties of board generally. Application for licensure; examination. Fingerprint record and criminal background checks for applicants for licensure; fees. Issuance of license upon passing examination; further educational and training requirements for applicants failing to pass examination within certain period of time. License by endorsement; temporary permit. Renewal of license; continuing competency requirements; voluntary surrender; application for reinstatement; temporary permit. Refusal to grant license; revocation of license; disciplining of licensees. Exceptions to licensure requirements; burden of proof. Criminal violations. [Repealed] Termination.
Short title. Purpose of article.
Definitions. Mandatory reporting requirement for violations of grounds for discipline; no reporting requirement for knowledge obtained via privileged communications.
Sec.
Institutional reporting requirements; voluntary submission to alternative to discipline program not subject to reporting requirement. Reportable incidents. Court order; citation for civil contempt. Immunity from liability for good-faith reporting.
Sec.
Article 4 Nurse Licensure Compact
Compact enacted and entered into by the State of Georgia; text of compact. Rules and regulations. Nurse Licensure Compact administrator. Statutes applicable to nurses practicing under multistate license. [Repealed] Applicability of article to nurses whose states have substantially similar licensure requirements.
Short title.
Annotations
OPINIONS OF THE ATTORNEY GENERAL Licensed nurses performing nursing services in private home are not performing “domestic services”. - Licensed nurses (registered professional nurses or licensed practical nurses) performing nursing services within the scope
of their statutory authority in a private home for wages are not performing “domestic services” nor do the services constitute employment within the meaning of O.C.G.A. Ch. 8, T. 34. 1980 Op. Att’y Gen. No. 80-34.
RESEARCH REFERENCES Am. Jur. 2d. 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 39 Am. Jur. 2d, Health, §§ 1 et seq., 26 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq. C.J.S. 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 14441448. 16D C.J.S., Constitutional Law,
§§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281. ALR. Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834; 42 A.L.R. 1226; 118 A.L.R. 646. Applicability, in action against nurse in her professional capacity, of statute of limitations applicable to malpractice, 8 A.L.R.3d 1336. Medical malpractice: who are “health care providers,” or the like, whose actions fall within statutes specifically governing actions and damages for medical malpractice, 12 A.L.R.5th 1.
ARTICLE 1 GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT Editor’s notes. Ga. L. 1990, p. 747, § 1, effective April 4, 1990, repealed the Code sections formerly codified as this article and enacted the current article. The former article consisted of Code Sections 43-26-1 through 43-26-13. Former Article 1 of this chapter was based on Ga. L. 1927, p. 247, §§ 1, 2, 4-6, 8, 11, 13, 14; Code 1933, §§ 84-1001 - 1009, 84-1011 - 1015, 84-
9915, 84-9916; Ga. L. 1946, p. 89, § 1; Ga. L. 1956, p. 193, §§ 1, 4; Ga. L. 1956, p. 691, §§ 4, 5; Ga. L. 1966, p. 289, § 1; Ga. L. 1973, p. 433, §§ 1-3; Ga. L. 1974, p. 496, §§ 1, 2; Ga. L. 1976, p. 1361, § 1; Ga. L. 1978, p. 1635, § 1; Ga. L. 1979, p. 380, §§ 1, 2; Ga. L. 1982, p. 3, § 43; Ga. L. 1982, p. 2500, §§ 1-3; Ga. L. 1983, p. 3, § 32; Ga. L. 1985, p. 3, § 32; Ga. L. 1988, p. 530, § 4.