Text of GA HB 54 (2026)

25 LC 52 0588 House Bill 54 By: Representatives Clark of the 100th, Jones of the 47th, Powell of the 33rd, Barrett of the 24th, Mathiak of the 82nd, and others A BILL TO BE ENTITLED AN ACT To amend Titles 16, 31, and 43 of the Official Code of Georgia Annotated, relating to crimes 1 and offenses, health, and professions and businesses, respectively, so as to authorize 2 advanced practice registered nurses and physician assistants to order home healthcare 3 services to patients of licensed home health agencies; to provide for definitions; to provide 4 for the approval of continuing education regarding death certificates for certain physician 5 assistants by the Georgia Composite Medical Board and for certain advanced practice 6 registered nurses by the Georgia Board of Nursing; to provide for related matters; to repeal 7 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, is 11 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 43 14 who is employed or engaged by a licensed home health agency may possess sterile saline, 15 H. B. 54 - 1 - 25 LC 52 0588 sterile water, and diluted heparin for use as intravenous maintenance for use in a home 16 health setting, and such nurse may administer such items to patients of the home health 17 agency upon the order of a licensed physician, advanced practice registered nurse acting 18 pursuant to the authority of Code Section 43-34-25, or licensed physician assistant acting 19 pursuant to the authority of subsection (e.1) of Code Section 43-34-103. The State Board of 20 Pharmacy shall be authorized to adopt regulations governing the storage, quantity, use, and 21 administration of such items; provided, however, that nothing in this paragraph or in such 22 regulations shall be construed to restrict any authority of nurses existing under other 23 provisions of law;" 24 SECTION 2. 25 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising 26 paragraph (20) of Code Section 31-6-2, relating to definitions relative to state health planning 27 and development, as follows: 28 "(20) 'Home health agency' means a public agency or private organization, or a 29 subdivision of such an agency or organization, which is primarily engaged in providing 30 to individuals who are under a written plan of care of a physician, advanced practice 31 registered nurse acting pursuant to the authority of Code Section 43-34-25, or licensed 32 physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 33 43-34-103, on a visiting basis in the places of residence used as such individuals' homes, 34 part-time or intermittent nursing care provided by or under the supervision of a registered 35 professional nurse, and one or more of the following services: 36 (A) Physical therapy; 37 (B) Occupational therapy; 38 (C) Speech therapy; 39 (D) Respiratory therapy; 40 H. B. 54 - 2 - 25 LC 52 0588 (E) Skilled nursing care; 41 (F) Medical social services under the direction of a physician, advanced practice 42 registered nurse acting pursuant to the authority of Code Section 43-34-25, or licensed 43 physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 44 43-34-103; or 45 (E)(G) Part-time or intermittent services of a home health aide." 46 SECTION 3. 47 Such title is further amended by revising Code Section 31-7-150, relating to definitions, as 48 follows: 49 "31-7-150. 50 As used in this article, the term: 51 (1) 'Advanced practice registered nurse' has the same meaning as provided in Code 52 Section 43-26-3. 53 (2) 'Branch office' means a location or site, identified in the application or endorsement 54 thereto, from which a home health agency provides services within a portion of the total 55 geographic area served by the parent agency and which is part of the home health agency 56 and is located sufficiently close to share administration, supervision, and services in a 57 manner that renders it unnecessary for the branch independently to meet the requirements 58 of this article. 59 (1.1)(3) 'Department' means the Department of Community Health. 60 (2)(4) 'Home health agency' means a public, nonprofit, or proprietary organization, 61 whether owned or operated by one or more persons or legal entities, which is engaged in 62 furnishing home health healthcare services. 63 (3)(5) 'Home health healthcare services' means those items and services furnished to an 64 individual according to a written plan of treatment signed by the patient's physician, an 65 H. B. 54 - 3 - 25 LC 52 0588 advanced practice registered nurse, or a physician assistant; by a home health agency,;or 66 by others under arrangement with the home health agency, on a visit or hourly basis, in 67 a place of temporary or permanent residence used as the individual's home, as follows: 68 (A) Part-time or intermittent skilled nursing care as ordered by a physician, advanced 69 practice registered nurse, or physician assistant and provided by or under the 70 supervision of a registered nurse and at least one other service listed in 71 subparagraphs (B) through (D) of this paragraph; 72 (B) Physical, occupational, or speech therapy; 73 (C) Medical social services; and 74 (D) Home health aide services. 75 (4)(6) 'License' means a license issued by the department. 76 (5)(7) 'Licensee' means the individual, corporation, or public entity with whom rests the 77 ultimate responsibility for maintaining approved standards for the home health agency. 78 (6)(8) 'Parent home health agency' means the agency that develops and maintains 79 administrative controls of subunits or branch offices. 80 (7)(9) 'Physician' means an individual currently licensed or authorized to practice 81 medicine, surgery, or osteopathy in this state. 82 (10) 'Physician assistant' means an individual licensed pursuant to Article 4 of 83 Chapter 34 of Title 43 and acting pursuant to the authority of subsection (e.1) of Code 84 Section 43-34-103. 85 (8)(11) 'Plan of treatment' means a plan written, signed, and reviewed at least every two 86 months by the patient's physician, an advanced practice registered nurse, or a physician 87 assistant prescribing items and services for the patient's condition. 88 (9)(12) 'Registered nurse' means an individual who is currently licensed as a registered 89 professional nurse in this state. 90 H. B. 54 - 4 - 25 LC 52 0588 (10)(13) 'Subunit' means a semiautonomous organization which serves patients in a 91 geographic area different from that of the parent agency and which, by virtue of the 92 distance between it and the parent agency, is judged incapable of sharing administration, 93 supervision, and services on a daily basis with the parent agency and must shall, 94 therefore, independently meet the licensing requirements for a home health agency and 95 shall be separately licensed." 96 SECTION 4. 97 Said title is further amended by revising Code Section 31-7-153, relating to standards for 98 patient care and agency operation, regulations as to issuance, denial, suspension, or 99 revocation of licenses, and hearings, as follows: 100 "31-7-153. 101 The department shall promulgate regulations which define standards for the care, treatment, 102 health, safety, welfare, and comfort of patients served by home health agencies and for the 103 maintenance and operation of home health agencies which will promote safe and adequate 104 care and treatment of the patients. These regulations shall be no less stringent than those 105 required for participation of home health agencies in the Title XVIII medicare Medicare 106 program and shall include, but not be limited to, a provision requiring the agency to have 107 policies established by a professional group which includes at least one physician and one 108 registered nurse and appropriate representation from other professional disciplines; 109 provisions governing the services the agency provides; provisions for the supervision of 110 services by a physician, advanced practice registered nurse, physician assistant, or 111 registered nurse, as appropriate, and maintenance of clinical records on all patients, 112 including a plan of treatment prescribed by a physician. The department is authorized to 113 issue, deny, suspend, or revoke licenses in accordance with regulations promulgated 114 H. B. 54 - 5 - 25 LC 52 0588 pursuant to this Code section. Such regulations shall also include hearing procedures 115 related to denial, suspension, or revocation of licenses." 116 SECTION 5. 117 Said title is further amended by revising Code Section 31-7-154, relating to inspections, as 118 follows: 119 "31-7-154. 120 Each home health agency for which a license has been issued shall be periodically 121 inspected by an authorized representative of the department. Such inspections shall be for 122 the purpose of ensuring that this article is being followed. The department is directed to 123 ensure by inspection that the licensee is providing quality care to its patients in accordance 124 with the orders of the patient's physician, an advanced practice registered nurse, or a 125 physician assistant; provided, however, that an agency shall be exempt from an additional 126 on-site licensure inspection if certified in a federal program for reimbursement of medicare 127 Medicare or Medicaid services." 128 SECTION 6. 129 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, 130 is amended by revising paragraph (1) of subsection (b) of Code Section 43-34-23, relating 131 to the delegation of authority to nurse or physician assistant, and by adding a new paragraph 132 to read as follows: 133 "(b)(1)(A) A physician may delegate the authority contained in subparagraph (B) of 134 this paragraph (b)(1)(B) of this Code section to: 135 (i) A physician assistant in accordance with a job description; or 136 (ii) A nurse recognized by the Georgia Board of Nursing as a certified nurse 137 midwife, certified registered nurse anesthetist, certified nurse practitioner, or 138 H. B. 54 - 6 - 25 LC 52 0588 clinical nurse specialist in psychiatric/mental health An advanced practice registered 139 nurse in accordance with a nurse protocol. 140 (B) A physician may delegate to those healthcare professionals identified in 141 subparagraph (A) of this paragraph (b)(1)(A) of this Code section: 142 (i) The authority to order controlled substances selected from a formulary of such 143 drugs established by the board and the authority to order dangerous drugs, medical 144 treatments, and diagnostic studies; 145 (ii) The authority to request, receive, and sign for professional samples and to 146 distribute professional samples to patients. The office or facility at which the 147 healthcare professional identified in subparagraph (A) of this paragraph (b)(1)(A) of 148 this Code section is working shall maintain a general list of the professional samples 149 approved by the delegating physician for request, receipt, and distribution by the 150 healthcare professional identified in subparagraph (A) of this paragraph (b)(1)(A) of 151 this Code section as well as a complete list of the specific number and dosage of each 152 professional sample and medication voucher received. Professional samples that are 153 distributed by a healthcare professional identified in subparagraph (A) of this 154 paragraph (b)(1)(A) of this Code section shall be so noted in the patient's medical 155 record. In addition to the requirements of this Code section, all professional samples 156 shall be maintained as required by applicable state and federal laws and regulations; 157 and 158 (iii) The authority to sign, certify, and endorse all documents relating to healthcare 159 provided to a patient within his or her scope of authorized practice, including, but not 160 limited to, documents relating to physical examination forms of all state agencies and 161 verification and evaluation forms of the Department of Human Services, the State 162 Board of Education, local boards of education, the Department of Community Health, 163 and the Department of Corrections; provided, however, that a healthcare professional 164 H. B. 54 - 7 - 25 LC 52 0588 identified in subparagraph (A) of this paragraph (b)(1)(A) of this Code section shall 165 not have the authority to assign a percentage of a disability rating. 166 (1.1) Healthcare professionals identified in subparagraph (b)(1)(A) of this paragraph 167 must Code section shall complete biennial continuing education regarding the recognition 168 and documentation of the causes of death and appropriate execution of death certificates, 169 as approved by the board for a physician assistant as identified in division (b)(1)(A)(i) of 170 this Code section or by the Board of Nursing for an advanced practice registered nurse 171 as identified in division (b)(1)(A)(ii) of this Code section." 172 SECTION 7. 173 All laws and parts of laws in conflict with this Act are repealed. 174 H. B. 54 - 8 -