The Foundation of the Right to Independent Nursing Practice
Professional independence of nurses in Georgia is shaped by a procedure established by the state. The right to carry out independent medical activity belongs only to a person with appropriate medical education who has received, in the manner prescribed by Georgian legislation, the state certificate confirming that right in the relevant specialty. This means that education and practical experience are not sufficient on their own — a state certificate linked to a specific specialty is required, and it defines precisely the boundaries within which a nurse may act independently.
The question of specialties is also regulated: the list of medical specialties confirmed by a state educational certificate is developed jointly by the ministry and the Ministry of Education, Science and Youth of Georgia, and is approved by the Ministry of Education. In practice this means that the recognition of a nurse’s qualification rests on cooperation between the health and education sectors, and its status does not change by a unilateral administrative decision.
The Nature of Professional Liability and Its Measures
The professional liability of a person carrying out independent nursing or nurse-midwifery activity is liability, determined in the manner established by Georgian legislation, for violations of the standards of nursing and nurse-midwifery practice, of the code of professional ethics and of the norms of Georgian legislation. For improper conduct of the activity the law defines the following measures of professional liability: a written warning; suspension of the performance of managerial duties or functions for a period of not more than 6 months; suspension of the validity of the state certificate or registration for a period of not more than 6 months; annulment of the state certificate or registration document; and other measures of professional liability provided for by Georgian legislation.
The decision on a measure of liability is taken by the council, taking into account the gravity and consequences of the violations revealed within the framework of the nursing or nurse-midwifery activity, and also the measures of professional liability already applied to the nurse. This criterion matters: the same violation produces different consequences in different contexts, and the council’s discretion lies precisely in weighing those circumstances. The measure is subject to challenge — the person has the right to appeal any measure of professional liability to a court in the manner established by Georgian legislation.