Georgia Code
Article 1 - Georgia Registered Professional Nurse Practice Act
§ 43-26-12. Exceptions to Operation of Article; Burden of Proof

Rules, regulations, and policies regarding training for proxy caregivers pursuant to this paragraph shall be promulgated by the Department of Behavioral Health and Developmental Disabilities or the Department of Community Health, as applicable. Such rules shall include selection by the Department of Behavioral Health and Developmental Disabilities and the Department of Community Health for approval of training curricula specifically designed for the purpose of implementing the health maintenance activity of medication administration to be implemented by such proxy caregivers employed or contracted to providers of home and community based services, community residential alternative services, or community living services. With such rules, providers shall train proxy caregivers in accordance with the selected curriculum or otherwise provided for in rules, regulations, and policies.
History. Code 1981, § 43-26-12 , enacted by Ga. L. 1990, p. 747, § 1; Ga. L. 1994, p. 97, § 43; Ga. L. 2010, p. 1153, § 1/HB 1040; Ga. L. 2011, p. 752, § 43/HB 142; Ga. L. 2017, p. 564, § 1/HB 486; Ga. L. 2019, p. 1052, § 2/HB 374.
The 2017 amendment, effective July 1, 2017, added the second and third sentences in the undesignated language following division (a)(9)(A)(iii); inserted “or a licensed health care facility” near the beginning of division (a)(9)(C)(iii); deleted the last sentence in division (a)(9)(C)(iv), which read: “Good faith efforts by an attending physician, advanced practice registered nurse, physician assistant, or registered professional nurse to provide training to a proxy caregiver to perform health maintenance activities shall not be construed to be professional delegation.”; and added subparagraphs (a)(9)(D) and (a)(9)(E).
The 2019 amendment, effective May 11, 2019, deleted “and” at the end of paragraph (a)(8), substituted “; and” for a period at the end of paragraph (a)(9), and added paragraph (a)(10).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1991, “include” was substituted for “including” following “responsibilities” in paragraph (a)(7).