^{By Donald A. Balasa, JD, MBA
Originally published August 14, 2024}

I recently received the following email:

I have moved to Georgia, and I am encountering medical assistants being called nurses at almost all levels in this clinic. Medical assistants refer to themselves as nurses. The providers state, “My nurse will be back in to speak with you.”

I have been very vocal that this is a direct violation of the Nurse Practice Act. The front office staff have commented that patients [who] are registered nurses are voicing dissatisfaction with this behavior as well.

I have been trying to research what the ramifications would be if a patient reported this behavior. Could you provide an answer to this question?

Note the following excerpt from the Georgia Nurse Practice Act:

§ 43-26-10. Practicing as a registered professional nurse without a license prohibited

It shall be a misdemeanor for any person, including any corporation, association, or individual, to:

(1) Practice nursing as a registered professional nurse, without a valid, current license, except as otherwise permitted under Code Section 43-26-12;

(2) Practice nursing as a registered professional nurse under cover of any diploma, license, or record illegally or fraudulently obtained, signed, or issued;

(3) Practice nursing as a registered professional nurse during the time the license is suspended, revoked, surrendered, or administratively revoked for failure to renew;

(4) Use any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a registered professional nurse or advanced practice registered nurse unless such person is duly licensed or recognized by the board so to practice under the provisions of this article;

(5) Fraudulently furnish a license to practice nursing as a registered professional nurse;

(6) Knowingly employ any person to practice nursing as a registered professional nurse who is not a registered professional nurse;

(7) Conduct a nursing education program preparing persons to practice nursing as registered professional nurses unless the program has been approved by the board; or

(8) Knowingly aid or abet any person to violate this article. [Emphasis added.]

Similar language can be found in the licensed practical nurse section of this statute.

A misdemeanor is a crime and is punishable under law.

Also, note that this provision applies to “any person, including any corporation, association, or individual.”