Mandatory Reporting for Nursing
The Georgia Board of Nursing is pleased to announce that, as of July 1, 2014, mandatory reporting is now in effect. The Board, in partnership with the Georgia Nurses Association and other stakeholders successfully advocated for the passage of HB 315 during the 2013 legislative session. The legislation passed in 2013 but no funding was appropriated, and the law did not become effective at that time. During the 2014 legislative session, the Board and other stakeholders worked together to seek specific funding for the mandatory reporting law. As a result, the General Assembly identified funding and the mandatory reporting law became a reality on July 1, 2014.
Who is required to report?
Any nurse (this includes nurse administrators, nurse supervisors, nursing colleagues or other nurses) is required to report the name of any nurse (licensed practical nurse, registered nurse or advanced practice registered nurse) if there is reasonable cause to believe that the other nurse has violated any of the grounds for discipline provided in the Nurse Practice Act (O.C.G.A. 43-26-53).
Mandatory Reporting FAQs
The law provides one exception: A licensed healthcare professional is not required to report a nurse to the Board under this code section as a result of professional knowledge obtained in the course of the health care professional-patient relationship when the nurse is a patient.
Any employer of nurses (licensed practical nurses, registered nurses or advanced practice registered nurses) is required to report the name of any nurse whose employment has been terminated or who has resigned in order to avoid termination for any reasons provided in the Nurse Practice Act (O.C.G.A. 43-26-53).
Any state agency that licenses, registers, or certifies hospitals, nursing homes, home health agencies, or other types of health care facilities, or surveys one of these facilities or agencies, must report to the Board when the agency has evidence that a nurse has violated any of the provisions of the Nurse Practice Act (O.C.G.A. 43-26-53).
- Practicing nursing as a registered nurse, an advanced practice registered nurse, or a licensed practical nurse, without a valid, current license;
- Practicing nursing as a registered 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;
- Practicing nursing as a registered nurse, an advanced practice registered nurse, or a licensed practical nurse during the time the applicable license is suspended, revoked, surrendered, or lapsed (administratively revoked) for failure to renew;
- Using any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a registered nurse, an advanced practice registered nurse, or a licensed practical nurse unless such person is duly licensed or recognized by the Georgia Board of Nursing to practice as such under the provisions of Nurse Practice Act;
- Fraudulently furnishing a license to practice nursing as a registered nurse, an advanced practice registered nurse, or a licensed practical nurse;
- Knowingly aiding or abetting any person in violating the Nurse Practice Act;
- Conviction 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
- Currently or previously displaying an inability to practice nursing as a registered 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.
(This list is for guidance only and is not all inclusive of non-reportable events.)
- No call-no show
- Failure to complete a resignation notice or abrupt termination
- Refusal to accept an assignment
- Rudeness or non-threatening verbal interactions with patient or staff
- "Nodding" or momentary unintentional falling asleep, unless this is a pattern of behavior, or results in patient neglect or risk
- Falsification of employment application (except when falsification relates to licensure status)
- Failure to follow agency policy (unless there is ALSO a violation of the Nursing Practice Act)
- Information related to mental or physical conditions of a nurse, obtained while providing care for the nurse (protected information)
- Systems Issues, including but not limited to:
- Malfunctioning equipment
- Staffing/work hour issues
- Physician/nurse communication barriers
- Outdated policies/procedures (does not reflect current evidence-based practice)
- Inappropriate assignment practices
Prior to the implementation of mandatory reporting, a nurse could violate some provision of the Nurse Practice Act, be terminated from his or her employer, and simply seek employment elsewhere. The Board was extremely alarmed by the numerous cases where a nurse committed an act as egregious as diversion of drugs and was allowed to resign or was simply terminated from the health care facility. The nurse was then free to seek employment at another facility while the Board and the new employer were completely in the dark about the nurse’s troubled history. With mandatory reporting in effect, nurses and employers of nurses must now report incidents to the Board. The Board can then investigate the allegations and, if appropriate, sanction the nurse accordingly.
Complaints may be submitted online using the Online Complaint Form or by mailing the complaint to the following address:
Georgia Board of Nursing
237 Coliseum Drive
Macon, Georgia 31217
When submitting your complaint please provide as much information as possible. Please refer to the Online Complaint Form for guidelines on the kinds of information they need to determine if the individual is a nurse licensed in this state and whether the alleged practice or behavior, if true, is a violation of a law or rule that the Board has the authority to enforce.