O.C.G.A.

O.C.G.A. § 43-26-9 (2019)

Biennial renewal of licenses; continuing competency requirements; voluntary surrender or failure to renew license; restoration and reissuance of license

✓ 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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(a) Licenses issued under this article shall be renewed biennially according to schedules and fees approved by the board.

(b) A renewed license shall be issued to a registered professional nurse or licensed undergraduate nurse who remits the required fee and complies with requirements established by the board. (b.1) Beginning with the 2016 license renewal cycle, an applicant for license renewal under this article shall meet one of the following continuing competency requirements during the previous licensure period:

(1) Completion of 30 continuing education hours by a board approved provider;

(2) Maintenance of certification or recertification by a national certifying body recognized by the board;

(3) Completion of an accredited academic program of study in nursing or a related field, as recognized by the board;

(4) Verification of competency by a health care facility or entity licensed under Chapter 7 of Title 31 or by a physician’s office that is part of a health system and at least 500 hours practiced as evidenced by employer certification on a form approved by the board; or

(5) Other activities as prescribed and approved by the board that show competency in the nursing field. Failure to meet the minimum continuing competency requirement for renewal of a license shall be grounds for denial of a renewal application. The board may waive or modify the requirements contained in this subsection in cases of hardship, disability, or illness or under such other circumstances as the board, in its discretion, deems appropriate. An applicant who is renewing a license for the first time shall not be required to meet the requirements of this subsection until the time of the second renewal if the applicant’s initial license period is six months or less.

(c) The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement at the discretion of the board. The board may restore and reissue a license and, as a condition thereof, may impose any disciplinary sanction provided by Code Section 43-1-19 or 43-26-11.

History

Code 1981, § 43-26-9, enacted by Ga. L.

1990, p. 747, § 1; Ga. L. 2013, p. 830, § 1/HB 315.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 61 Am. Jur. 2d, Physicians, Surgeons, and Other Healers, § 133. C.J.S. 70 C.J.S., Physicians, Surgeons, and Other Health-Care Providers, § 32.

ALR. Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1984–2024 · leading case: Cent. Anesthesia Assocs., P.C. v. Worthy, 333 S.E.2d 829 (Ga. 1985).

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Cent. Anesthesia Assocs., P.C. v. Worthy, 333 S.E.2d 829 (Ga. 1985). · cites it 26× “We granted certiorari in this medical malpractice case to determine whether the trial court erred in finding the defendants negligent per se based on OCGA § 43-26-9 (b). The Court of Appeals affirmed.”

Cent. Anesthesia Assocs. P. C. v. Worthy, 325 S.E.2d 819 (Ga. Ct. App. 1984). · cites it 26× “After extensive discovery, the Worthys moved for partial summary judgment on the issue of negligence per se for violation of OCGA § 43-26-9 (b). Nurse Castro, Drs. Moorhead and Moore, and the hospital also moved for summary judgment.”

Doctors Hosp. of Augusta, Inc. v. Bonner, 392 S.E.2d 897 (Ga. Ct. App. 1990). · cites it 10× “Group’s first two enumerations allege error in the trial court’s denial of their motion for directed verdict on the issue of negligence per se based on violation of OCGA § 43-26-9 (b) and the court’s charge on it.”

Cechman v. Travis, 414 S.E.2d 282 (Ga. Ct. App. 1991). · cites it 4× “OCGA § 19-7-5 merely mandates the reporting of suspected child abuse by a physician “having reasonable cause to believe that [the] child has been abused.”

Cardio TVP Surgical Assocs., P.C. v. Gillis, 528 S.E.2d 785 (Ga. 2000). · cites it 2× “That opinion involved OCGA § 43-26-9 (b), which *408 allows the administering of anesthesia by a certified registered nurse anesthetist acting under the direction and responsibility of an anesthesiologist, and did not address the authority of a PA to perform a medical task while…”

Calvin H. Miller v. Marcus Polk (Ga. Ct. App. 2024). · cites it 2× “In his reply brief, Miller argues that the defendants committed negligence per se by violating OCGA §§ 43-26-9 (which concerns the renewal of nursing licenses) and 43-34-26.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.