Little Health Law Blog
Our healthcare and business law firm works with many medical practices to ensure compliance with the use of mid-level providers (such as nurse practitioner and physician assistants). Although certain federal rules are applicable, the scope of practice for mid-level providers is largely provided for in state laws and rules. It is important to remember that these laws and rules may change from time to time, so practices that use mid-level providers should always monitor relevant laws to stay apprised of any changes. Earlier this month, changes to certain Georgia laws impacting mid-level providers went into effect. If you have questions about these changes or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.
House Bill 1046 went into effect on July 1, 2024. A copy of the bill is available here. The bill made changes to, among other sections, Georgia Code Section 31-10-14 relating to death certificates, Georgia Code Section 43-34-23 relating to delegation of authority to nurses or physician assistants, and Georgia Code Sections 43-34-25 and 43-34-103 relating to delegation of certain medical acts to advanced practice registered nurses and physician assistants and construction and limitations of such delegation.
As to Section 31-10-14, the bill authorizes nurse practitioners and physician assistants to sign death certificates. Previously, mid-level providers could only sign death certificates in an area of the state which is in a state of emergency due to an influenza pandemic. Now, as long as the nurse practitioner or physician assistant has authorized authority through a nurse protocol, nurse protocol agreement, or job description, the mid-level provider can sign death certificates. The bill also includes immunity from civil liability for any individual who completes and signs a death certificate in good faith, which immunity does not extend to wanton misconduct or intentional wrongdoing.
As to Section 43-34-23, the bill requires healthcare professionals to “complete biennial continuing education regarding the recognition and documentation of the causes of death and appropriate execution of death certificates, as approved by the board.”
As to Section 43-34-25, the bill dictates that the standard mid-level agreements shall include a “death certificates” box to be checked off by the mid-level completing the form. The bill also clarifies a previously ambiguous requirement by changing the section as follows: “ . . . [A] delegating physician may not enter into a nurse protocol agreement pursuant to this Code section or enter into a job description with a physician assistant pursuant to Code Section 43-34-103 with more than four the combined equivalent of eight advanced practice registered nurses or physician assistants at any time . . . .” The bill makes a similar change to Section 43-34-103 specifically regarding physician assistants.
The above summary includes some of the changes made through House Bill 1046 but not all. If you have questions about these changes or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.