TITLE 43 PROFESSIONS AND BUSINESSES

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

ARTICLE 3 MANDATORY REPORTING REQUIREMENTS FOR NURSES

43-26-53. Reportable incidents.

1. The following incidents shall be reported to the board in the event any person is:
   1. Practicing nursing as a registered professional nurse, an advanced practice registered nurse, or a licensed practical nurse, without a valid, current license, except as otherwise permitted under Code Section 43-26-12 or 43-26-41, as applicable;
   2. Practicing nursing as a registered professional nurse, an advanced practice registered nurse, or a licensed practical nurse under cover of any diploma, license, or record illegally or fraudulently obtained, signed, or issued;
   3. Practicing nursing as a registered professional nurse, an advanced practice registered nurse, or a licensed practical nurse during the time the applicable license is suspended, revoked, surrendered, or administratively revoked for failure to renew;
   4. Using any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a registered professional nurse, an advanced practice registered nurse, or a licensed practical nurse unless such person is duly licensed or recognized by the board to practice as such under the provisions of this chapter;
   5. Fraudulently furnishing a license to practice nursing as a registered professional nurse, an advanced practice registered nurse, or a licensed practical nurse;
   6. Knowingly aiding or abetting any person in violating this chapter;
   7. While holding a license as a nurse, convicted of any felony, crime involving moral turpitude, or crime violating a federal or state law relating to controlled substances or dangerous drugs in the courts of this state, any other state, territory, or country, or in the courts of the United States, including, but not limited to, a plea of nolo contendere entered to the charge; or
   8. While holding a license as a nurse, currently or previously displaying an inability to practice nursing as a registered professional nurse, an advanced practice registered nurse, a licensed undergraduate nurse, or a licensed practical nurse with reasonable skill and safety due to use of alcohol, drugs, narcotics, or chemicals.
2. Minor incidents, as defined by the board, shall not be required to be reported pursuant to this article when the continuing practice by the subject nurse does not pose a risk of harm to a patient or others and can be addressed through corrective action by the nurse's employer. The board shall adopt rules governing reporting of minor incidents. The board may evaluate a complaint and determine that it is a minor incident under this Code section.

(Code 1981, §43-26-53, enacted by Ga. L. 2013, p. 830, § 4/HB 315; Ga. L. 2014, p. 866, § 43/SB 340; Ga. L. 2015, p. 5, § 43/HB 90.)

The 2014 amendment, effective July 1, 2014, part of an Act to revise, modernize, and correct the Code, substituted "board" for "applicable board" throughout this Code section.

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, substituted "board" for "applicable board" in the second and third sentences in subsection (b).