O.C.G.A.
O.C.G.A.

O.C.G.A. § 43-26-1 (2019)

Short title

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Statute text

This article shall be known and may be cited as the "Georgia Registered Professional Nurse Practice Act."

History

(Code 1981, § 43-26-1, enacted by Ga. L. 1990, p. 747, § 1.)

Annotations

Administrative Rules and Regulations. - Organization and administration, general requirements, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board of Nursing, Chapter 410-1.

JUDICIAL DECISIONS

Cited in Hyde v. State, 189 Ga. App. 727, 377 S.E.2d 187 (1988); Grady Gen. Hosp. v. King, 288 Ga. App. 101, 653 S.E.2d 367 (2007).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, Ch. 84-9 and § 84-1001 are included in the annotations for this Code section.

Nurse may perform some acts considered practice of medicine when so directed by physician. - Unless specifically precluded by law, a nurse may perform a multitude of acts which may be construed as practice of medicine as long as those acts are prescribed by a physician practicing medicine. 1979 Op. Att'y Gen. No. 79-32 (decided under former Code 1933, § 84-1001).

Nurse may give medical treatments and medication. - Administration of medication and medical treatments by licensed nurse, when prescribed by a physician practicing medicine, does not constitute proscribed practice of medicine. 1979 Op. Att'y Gen. No. 79-2 (decided under former Code 1933, Ch. 84-9).

Nurses may telephone prescription orders into pharmacy after receiving order from practitioner of healing arts. 1979 Op. Att'y Gen. No. 79-32 (decided under former Code 1933, § 84-1001).

Nurses may not write or telephone in prescriptions by referring to written protocol. 1988 Op. Att'y Gen. No. 88-9 (decided under former law).

Licensed nurses acting within scope of statutory authority are not performing "domestic services". - It does not appear that licensed nurses (registered professional nurses or licensed practical nurses) acting within the scope of their statutory authority are performing "domestic services" within the meaning of Ga. L. 1937, p. 806, § 19 (see now O.C.G.A. § 34-8-40). 1980 Op. Att'y Gen. No. 80-34 (decided under former Code 1933, § 84-1001).

RESEARCH REFERENCES

Am. Jur. 2d. - 61 Am. Jur. 2d, Physicians, Surgeons, and Other Healers, § 7 et seq.

C.J.S. - 70 C.J.S., Physicians, Surgeons, and Other Health-Care Providers, § 1 et seq.

ALR. - Validity and construction of domestic service provisions of fair labor standards act (29 U.S.C.A. § 201 et seq.), 165 A.L.R. Fed. 163.

Notes of Decisions
Cited in 12 cases, 1983–2014 · leading case: Hyde v. State, 377 S.E.2d 187 (Ga. Ct. App. 1988).
Sort: Relevance Newest Treatment
Hyde v. State, 377 S.E.2d 187 (Ga. Ct. App. 1988). · cites it 12× “OCGA § 43-26-1 (3) defines "Practice of nursing as a registered professional nurse" as "the performance for compensation of any act in the observation, care, and counsel of the ill, injured, or infirm .”
Dent v. Mem'l Hosp. of Adel, 509 S.E.2d 908 (Ga. 1998). · cites it 4× “There being no ordinary negligence for which the hospital could be held liable, [1] the trial court's charge was not error.”
Brogdon Ex Rel. Cline v. Nat'l Healthcare Corp., 103 F. Supp. 2d 1322 (N.D. Ga. 2000). · cites it 2× “For the reasons discussed supra Part II.A.3.a. and b., the Court rejects Defendants’ first two arguments.”
Howard v. City of Columbus, 521 S.E.2d 51 (Ga. Ct. App. 1999). · cites it 4× “See OCGA § 43-26-1. "Practice nursing" or "practice of nursing" means to perform for compensation or the performance for compensation of any act in the care and counsel of the ill, injured, or infirm, and in the promotion and maintenance of health with individuals, groups, or…”
Bunn-Penn v. S. Reg'l Med. Corp., 488 S.E.2d 747 (Ga. Ct. App. 1997). · cites it 4× “McMURRAY, Presiding Judge, dissenting. I respectfully dissent.”
Smith v. North Fulton Med. Ctr., 408 S.E.2d 468 (Ga. Ct. App. 1991). · cites it 4× “Smith's bed up on the evening of February 21st, `87? "A. It would be the nurse's.”
Dempsey v. Gwinnett Hosp. Sys., Inc., 765 S.E.2d 525 (Ga. Ct. App. 2014). · cites it 2× “Under the “Georgia Registered Professional Nurse Practice Act,” OCGA § 43-26-1 etseq., the Georgia Board of Nursing is recognized as the regulatory Board governing all who are licensed pursuant to the Act.”
Sermchief v. Gonzales, 660 S.W.2d 683 (Mo. 1983). “1983); Ga.Code Ann. § 43-26-1(3) (1982); Hawaii Rev.”
Nowak v. High, 433 S.E.2d 602 (Ga. Ct. App. 1993). · cites it 2× “2 With regard to a nurse’s expertise generally, see OCGA § 43-26-1 et seq., which specifically provides that nurses may administer medications and treatments as prescribed by a physician practicing medicine.”
Beall v. Curtis, 603 F. Supp. 1563 (M.D. Ga. 1985). “§§ 43-26-1 to -39; they are recognized in, and regulated by, a rule of the Georgia Board of Nursing, Ga.”
Hosp. Resource Pers., Inc. v. United States, 860 F. Supp. 1557 (S.D. Ga. 1994). · cites it 2× “61-196, supra; Georgia Registered Professional Nurse Practice Act, O.C.G.A. § 43-26-1, et seq., and Georgia Practical Nurses Practice Act, O.”
Melissa Dempsey F/K/A Melissa Watson v. Gwinnett Health Sys., Inc. D/B/A Gwinnett Med. Ctr. (Ga. Ct. App. 2014). · cites it 2× “6 Further, the expert affidavit statute upon which we relied in Smith, Ball, and Whitley, lists only “nurses”; it does not have a separate listing for “certified 5 Under the “Georgia Registered Professional Nurse Practice Act,” OCGA § 43-26-1 et seq., the Georgia Board of…”
— 43-26-1(3) — 1 case
Sermchief v. Gonzales, 660 S.W.2d 683 (Mo. 1983). “1983); Ga.Code Ann. § 43-26-1(3) (1982); Hawaii Rev.”
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