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Legislative Update from our friends at CAPRN

Posted over 8 years ago by Amelia Malcom

Legislative Update February 12, 2016
by Julie Hannah, FNP-C, CAPRN Secretary

The Georgia General Assembly was in session Monday – Thursday this week for session days 17 thru 20.
They will begin day 21 on Tuesday, February 16.

It was busy at the Capitol this week, with a number of controversial pieces of legislation on the floor as well as in committees. Two bills that brought lengthy floor debates and long lines of advocates were SB 308, proposed by Senator Unterman, which awards State grant money to pregnancy centers that provide support for women with unplanned pregnancies, but will not counsel about abortion as an alternative. Another was HB 757, which provided that ministers who refuse to perform marriage ceremonies that violate their religious beliefs will not be subject to civil lawsuits. Bills that passed the House and the Senate are included below with a link to the full text of each bill. If you have a MAC with Safari, the below pdf file links may not open properly – if so, use the link below, then at top left of menu select "HB" or "SB" and enter the 3-digit number to pull up history and text of each bill:
http://www.senate.ga.gov/en-US/default.aspx

House Bills
Senate Floor
HB 952 – Georgia Professional Regulation Reform Act

This is a Governor's bill introduced by Nathan Deal's floor leaders on February 10 and assigned to Small Business Development, which is chaired by Representative Bubber Epps. This bill provides for antitrust law immunity (laws designed to protect free market competition) for the State's professional licensing boards (like the Board of Nurse Examiners and Composite Medical Board). In addition, it gives the Governor power to "review and, in writing, approve, remand, modify, or reverse any action by a professional licensing board." Introduced in response to a lawsuit by the Federal Trade Commission against the Dental Board in North Carolina, who passed a regulation that non-dentists could not provide teeth-whitening services, in an attempt to limit economic competition. See this link for a review:

http://www.scotusblog.com/case-files/cases/north-carolina-board-of-dental-examiners-v-federal-trade-commission/

The Board of Nursing and AANP are reviewing this bill, and CAPRN will wait to see what they have to say before taking a position. Governor's bills usually pass, so opposing it might be ineffective.

Full Text: http://www.legis.ga.gov/legislation/en-US/Display/20152016/HB/952

HB 770 – Human Trafficking Bill

Passed the Judiciary Non-civil Subcommittee and should be on the full committee agenda next week. (Any legislation that carries a possibility for criminal penalties can be referred to the Judiciary Non-Civil Committee). This law increases penalties for trafficking the developmentally disabled, as an especially vulnerable population, and changes the law so you do not have to prove coercion or deception by the trafficker.

Full Text: http://www.legis.ga.gov/Legislation/20152016/154628.pdf

Senate Bills

SB 314 – Requirement for fingerprinting and criminal backround checks for APRN license renewal

This bill was requested by the Board of Nursing and is authored by Senator Renee Unterman, Chair of the Senate H&HS Committee. It passed out of the committee and is now available for the Rules Committee consideration. It may be considered by the full Senate sometime next week.

Full Text: http://www.legis.ga.gov/Legislation/20152016/156102.pdf

SB 115 – Level II Controlled Substance Prescribing by PAs

This bill was revised on 2/9/16 by the Senate H&HS Committee as follows: "A physician may delegate to a physician assistant, in accordance with a job description, the authority to issue a prescription drug order or orders for a hydrocodone compound product so long as such prescription drug order or orders are not in excess of a 15 day supply." It is on the agenda for the Rules Committee next Tuesday (see agendas at end).

Full Text: http://www.legis.ga.gov/legislation/en-US/Display/20152016/SB/115

SB 242 – Family Care Act

This bill allows for the use of sick leave for the care of family members. Sponsored by Republican Senators Michael Williams and Renee Unterman, it passed out of the Senate H&HS Committee and is now available for the Rules Committee consideration.

Full Text: http://www.legis.ga.gov/Legislation/20152016/152571.pdf

***For a full list of House and Senate bills that passed this week provided by Julianna McConnell, see Legislative Update 2-12-16 post on Caprn.org***

Don't forget to sign up for an upcoming APRN Day at the Capitol on a Monday, Tuesday, or Wednesday listed below:
February 16, 17, 22, 23, 24, and 29th.
March 1st and 2nd. The last projected day of the session is March 31st.

If you plan to attend, please email your name and date of attendance to Molly Bachtel, APRN at: molly.bachtel@gmail.com. She is keeping track of attendees and is a great resource. If you can't do the whole day, try a morning or just an afternoon committee meeting - you will find it quite educational! When visiting the capitol building, pease dress professionally and wear a white lab coat with your name on it and/or a badge from where you work. CAPRN will provide a bright blue scarf for you to wear, identifying you as an APRN. Parking is $10 at Capitol Lot Daily, address: 218 Capitol Avenue SE, Atlanta, GA 30334, and other parking is nearby. Agendas for committee meetings are usually posted only a day or two before (and sometimes added to the day of), but if you would like to know what will be discussed, contact CAPRN lobbyist Julianna McConnell at julimcconnell@bellsouth.net a day or two before your visit.
10:00 AM – Meet with CAPRN lobbyist on 3rd floor (take steps with the peach colored marble statue on the landing) outside the "Clerk of House Office" for a tour. You can also call out your own legislators at this time, for a brief introduction with description of your job(s) and opinions on healthcare bills. You might want to email their offices in advance to let them know when you plan to be there - they will be more likely to come out from the session to talk with you. If you don't know your district or who your representatives are, go to this website and enter your home address to find out: http://openstates.org/find_your_legislator/

COMMITTEE MEETINGS:

12:00 PM – (Wednesdays) Women's Legislative Caucus Meeting

2:00 PM - (Tuesdays) – HOUSE Health & Human Services Committee Meeting – chaired by Sharon Cooper, historically an opponent of APRNs increasing scope of practice.

3:00 PM (Mondays) or 2:00 PM (Wednesdays) – SENATE Health & Human Services Committee Meeting – chaired by Renee Unterman, a nurse and supporter of APRNs.

The purpose of APRN Days is to increase our visibility at the Georgia legislature, so we can better advocate for our patients and our profession. Georgia physicians have had a daily presence at the state capital each day of the legislative session for many years, and the physician groups have several lobbyists. We hope you will consider stepping up to this challenge to become involved with the lawmaking process and show that there are other healthcare workers available to meet the primary care shortage in Georgia.


Comments

lee lindsey Bleshoy about 8 years ago

Hello. Will you please clarify how it is in the best interest of APRN's for us to pay for our fingerprints and background checks in order to have our licenses renewed? I'm sure that if our own Nursing Board is requesting this, there must be a valid reason that is beneficial to the APRN. Thanks so much.

Linda Thames about 8 years ago

where do APRNs stand on the issue of schedule II opioids? Our role was greatly diminished when Hydrocodone became a schedule II opioid last October. I work in a specialty, a surgical specialty, and I now limited to chasing after an MD to provide a signature. This is a barrier to my provision of care as a result of this new law. At discharge a patient is often in need of an opioid. As a DNP it is very discouraging
to read about MD's legislative efforts to allow a PA to a to prescribe a 15 day supply while fighting APRN so adamantly for the right to prescribe for so many years. I do not see any effort on the part of UAPRN to lobby for APRNs to have this right in GA. Please advise.

Patricia Stowe about 8 years ago

APRN. Need to be allowed to write Schedule 2 also. Why aren't we included in SB 115.

Eberechi Kalu about 8 years ago

I totally agree with previous comments regarding PAs and schedule II drugs. NPs make up a significant percentage of non-physician healthcare providers, in both primary care and specialty settings. Therefore it is essential that they be included in this bill as well. I work in sub-acute rehab facilities with many postoperative patient who require Norco or Percocet. These past months have been frustrating for me to see my patients suffer because we were waiting for the physician to give us a script for Norco. These unnecessary barriers lead to delays in care, and ultimately results in poorer outcomes.

lee lindsey Bleshoy about 8 years ago

I suspect that the scheduled II request for PA's is okay with MAG because they are NOT NP's. By allowing PA's to prescribe sched II's and specifically NOT NP's, it makes utilization of NP's less likely in those areas where pain meds are more likely needed, ie surgery, pain management, etc. Basically, it gives MD's more leverage against NP's as providers. Physician's are trying (via MAG) to make it so difficult for NP's do our job that we agree to be moved from Nursing Board oversight to Medical Board oversight...where they would inevitably make it almost impossible for us to practice at all. Even the Nursing Board seems to be working against us with their current proposal for fingerprints and background checks that WE would be required to pay for when we renew our APRN license every other year. Why on Earth would they make that request of APRN's? [I posted that question earlier and tried to emphasis that surely there must be a beneficial reason for their request...We'll see.] NP's need to UNITE for our right to practice independently. Can anyone tell us how to do that?

Tiney Ray about 8 years ago

These ridiculous fees and other barriers are just a sign that we must all stick together. The UAPRN Executive Board Members are reaching out to other APRN organizations to discuss how we can see all band together as one. I urge everyone to contact their State Senator and Representative and make them aware of how this is affecting our practice and our patients. If they don't hear from us individually, then the madness will continue. Get your family members, friends, patients, or whoever else you can find to contact their legislator. I will be attaching a list of all of the Georgia State Senators and Representatives. We can do this.

Thank you.

Amelia Malcom about 8 years ago

I believe the thought on the PA's prescription law is to watch and if it passes it will be easier to get ours passed. There are certainly many barriers to care in Georgia and if you are not on the CAPRN mailing list you should visit their page. You can donate and sign up for updates. We need to unite!!!

Julie Hannah about 8 years ago

Thank you Amelia for sharing my update from CAPRN. I believe I can address some of the comments. The reason that APRNs are not included in the Schedule II bill is that we were not the ones who created the bill. If we try to add on to this bill, the price we pay is that the Board of Medicine will try to bring all of our prescriptive authority under them, just like it is for PAs - it is a bait they are dangling, and we should not take it. If APRNs want prescriptive authority, it needs to be brought forward by the 2 GNA lobbyists in conjunction with the CAPRN lobbyist through a legislator who supports our cause. So talk to the members of the Health and Human Services Committees. Tell them how it is hindering your practice, and how in many other States APRNs do prescribe Level II substances, with no ill effects on the frequency of addiction in those States. Commit funds to lobbying efforts and to legislators who have the will to bring forth bills on OUR behalf, instead of us trying to ride on the coattails of a PA bill.

Julie Hannah about 8 years ago

As for the criminal backround checks - I was told by the President of the Board of Nursing, Brenda Rowe, that the reason for it is to put us on equal footing with physicians, who also have this requirement. She also said their legal department advised them to bring this bill forward, probably to reduce the liability of the Board if an APRN does harm to a patient, and a criminal backround check was not done by the State. That is my personal theory mind you, based on deductive reasoning, but I think it makes sense. I did ask her to consider accepting backround checks already done by our educational institutions or employers, if they were recent (say in the last 3 years). If more people suggest this, perhaps they will consider that a waiver and save some APRNs the time and cost involved.

Julie Hannah about 8 years ago

If you are an AANP member, I would also suggest you speak to Janet Ross, and email the national organization leaders, to see what their stance is on these issues. The same goes for any other APRN organization on the national level of which you are a member (NAPNAP, College of Nurse Midwives, etc.) Having their backing on a stance gives it credence.

lee lindsey Bleshoy about 8 years ago

Respectfully, not a single physician I have discussed this with has ever had their fingerprints taken or a background check completed in order to renew their practice license. [Nor have any of the physicians that multiple fellow APRN's have discussed this with.] Granted, the physicians I have asked have all been from the U.S. so I don't know if there are different standards for foreign born physicians. I'm concerned that the President of the Board of Nursing would think this would put APRN's on equal footing with physicians when, according to numerous physicians, this is NOT a requirement for physicians. Any clarification you can provide would be appreciated. This is more than a bit confusing. Thanks so much.


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