GA - GAC
Rules and Regulations of the State of Georgia
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Chapter 410-1 ADMINISTRATION AND GENERAL REQUIREMENTS

Rule 410-1-.01 Organization and Administration of the Board

(1) The Nurse Practice Act provides that, in order to protect, promote and preserve the public health, safety and welfare, any person practicing or offering to practice as a registered or licensed practical nurse for compensation in Georgia, shall be licensed according to the provisions established by the Georgia Board of Nursing.
(2) The Nurse Practice Act further creates a Board of Nursing with regulatory authority and dictates the Board's composition and qualifications of members, methods of appointment, and terms of office. The Act specifies Board functions and duties thus providing for the implementation of the Nurse Practice Act through the adoption of rules and regulations.
(3) All provisions of O.C.G.A. § 43-1-19 (General Provisions Act) are expressly incorporated as regulating registered nurses and licensed practical nurses.
(4) All rules and regulations pertaining to the administration of the Georgia Board of Nursing shall be administered by the Executive Director through the Division Director, Professional Licensing Boards Division of the Secretary of State.

Rule 410-1-.02 Meetings, Officers, and Duties

(1) The Board shall hold at least four scheduled meetings each year.
(2) All scheduled meetings of the Board shall be open and public except as provided by statute.
(3) A majority of thirteen Board members shall constitute a quorum.
(4) Annually, the Board shall elect from its members a President and a Vice-President.
(5) The President shall preside at meetings, perform all duties of that office, and appoint Board members to serve on committees as may be created. The Vice-President shall preside in the absence of the President and shall assume the duties of the President when necessary.
(6) A permanent record shall be kept of all meetings. The minutes shall be in writing and approved or amended by the Board at the next scheduled meeting.
(7) Meetings of the Board may be conducted according to Robert's Rules of Order, Newly Revised, unless otherwise specified.

Rule 410-1-.03 Name and Contact Information Changes

(1) A licensee shall notify the Board in writing within thirty days of any name change. Changes may be made upon receipt of a written request accompanied by a copy of the marriage certificate, court order or other legal document, verifying legal status.
(2) A licensee shall notify the Board in writing within thirty (30) days of any mailing, physical or email address changes. Address changes should be made by the licensee through the Board's website.

Rule 410-1-.04 Fees

(1) All fees for applications for licensure, authorization, renewal and all other fees which may be authorized by law shall be established by the Board periodically. Application fees are non-refundable and an application is not complete unless the required fee has been received by the Board. Fees must be paid in U.S. funds.
(2) Applications for initial licensure, initial authorization, or reinstatement that are approved or authorized within ninety (90) days before a biennial licensure expiration date shall be issued a license or authorization for the next successive licensure period.
(3) Checks returned for insufficient funds will be dealt with according to O.C.G.A. § 16-9-20.

Rule 410-1-.05 Declaratory Rulings

The Board shall render declaratory rulings as to the applicability of any statutory provision or of any of its rules. Requests for declaratory rulings must be in writing and the signature of the petitioner notarized. The Board shall respond to a request for a declaratory ruling within twenty-one (21) days of its receipt of said request except when the Board feels it would be in the best interest of the Board to seek the opinion of the Attorney General, in which case the response shall be issued within forty-five (45) days. Nothing in this paragraph shall limit or impair the right of the Board to seek the opinion of the Attorney General on any question of law connected with the duties of the Board. The Board shall not be required to render a declaratory ruling, if it relates to an investigation pending before the Board.

Rule 410-1-.06 Petition for Promulgation, Amendment, or Repeal of Rules

(1) Each petition for promulgation, amendment or repeal of rules made pursuant to the Georgia Administration Procedure Act shall be filed with the Board which had enacted the rule, or would otherwise be charged with enforcing the rule. The petition shall be in writing, and verified under oath by the petitioner, and shall state:
(a) The name and address of the petitioner;
(b) The full text of the rule requested to be amended or repealed and the changes to be made or the full text of the rule desired to be promulgated;
(c) A statement of the reason such rule should be amended, repealed, or promulgated including a statement of all pertinent existing facts which relate to petitioner's interest in the matter; and
(d) Citations of legal, if any, which authorize, support, or require the action requested by petition.
(2) Upon receipt of the petition, the Board shall decide upon the action to be taken. Within thirty (30) days after receipt of the petition, the Board either shall deny the petition in writing (stating its reasons for the denial) or shall initiate rule-making or rule-changing proceedings in accordance with O.C.G.A. § 50-13-4 (Georgia Administrative Procedure Act).