Georgia HB 54: Health; advanced practice registered nurses and physician assistants to order home healthcare services; authorize

Bill Text

25 HB 54/SCSFA
SENATE SUBSTITUTE TO HB 54
A BILL TO BE ENTITLED
AN ACT
To amend Titles 16, 31, 43, and 48 of the Official Code of Georgia Annotated, relating to1
crimes and offenses, health, professions and businesses, and revenue and taxation,2
respectively, so as to authorize advanced practice registered nurses and physician assistants3
to order home healthcare services to patients of home health agencies; to provide for4
definitions; to provide for the approval of continuing education regarding death certificates;5
to provide for authorizing job descriptions; to provide for tax credits for qualified caregiving6
expenses to include advanced practice registered nurses and physician assistants; to provide7
for related matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is11
amended by revising paragraph (4.2) of Code Section 16-13-72, relating to the sale,12
distribution, or possession of dangerous drugs, as follows:13
"(4.2) A registered professional nurse licensed under Article 1 of Chapter 26 of Title 4314
who is employed or engaged by a licensed home health agency may possess sterile saline,15
sterile water, and diluted heparin for use as intravenous maintenance for use in a home16
health setting, and such nurse may administer such items to patients of the home health17
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25 HB 54/SCSFA
agency upon the order of a licensed physician, an advanced practice registered nurse18
acting pursuant to the authority of Code Section 43-34-25, or a physician assistant19
provided that the individual ordering the home health services does not have an20
ownership interest in an entity to which they are referring. acting pursuant to the authority21
of Code Section 43-34-103. The State Board of Pharmacy shall be authorized to adopt22
regulations governing the storage, quantity, use, and administration of such items;23
provided, however, that nothing in this paragraph or in such regulations shall be24
construed to restrict any authority of nurses existing under other provisions of law;"25
SECTION 2.26
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising27
paragraph (20) of Code Section 31-6-2, relating to definitions relative to state health planning28
and development, as follows:29
"(20) 'Home health agency' means a public agency or private organization, or a30
subdivision of such an agency or organization, which is primarily engaged in providing31
to individuals who are under a written plan of care of a physician treatment ordered by32
a physician, an advanced practice registered nurse acting pursuant to the authority of33
Code Section 43-34-25, or a physician assistant provided that the individual ordering the34
home health services does not have an ownership interest in an entity to which they are35
referring. acting pursuant to the authority of Code Section 43-34-103, on a visiting basis36
in the places of residence used as such individuals' homes, part-time or intermittent37
nursing care provided by or under the supervision of a registered professional nurse, and38
one or more of the following services:39
(A) Physical therapy;40
(B) Occupational therapy;41
(C) Speech therapy;42
(D) Respiratory therapy;43
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25 HB 54/SCSFA
(E) Skilled nursing care;44
(D)(F) Medical social services under the direction of a physician, an advanced practice45
registered nurse acting pursuant to the authority of Code Section 43-34-25, or a46
physician assistant provided that the individual ordering the home health services does47
not have an ownership interest in an entity to which they are referring. acting pursuant48
to the authority of Code Section 43-34-103; or49
(E)(G) Part-time or intermittent services of a home health aide."50
SECTION 3.51
Said title is further amended by revising Code Section 31-7-150, relating to definitions, as52
follows:53
"31-7-150.54
As used in this article, the term:55
(.5) 'Advanced practice registered nurse' has the same meaning as set forth in Code56
Section 43-26-3.57
(1) 'Branch office' means a location or site, identified in the application or endorsement58
thereto, from which a home health agency provides services within a portion of the total59
geographic area served by the parent agency and which is part of the home health agency60
and is located sufficiently close to share administration, supervision, and services in a61
manner that renders it unnecessary for the branch independently to meet the requirements62
of this article.63
(1.1)(2) 'Department' means the Department of Community Health.64
(2)(3) 'Home health agency' means a public, nonprofit, or proprietary organization,65
whether owned or operated by one or more persons or legal entities, which is engaged in66
furnishing home health healthcare services.67
(3)(4) 'Home health healthcare services' means those items and services furnished t