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.
The Grounds on Which a Liability Case Begins
The law describes precisely who may create the grounds for opening a professional liability case by a statement or complaint: the patient, or a close relative or legal representative of the patient; the employer of the person carrying out independent nursing or nurse-midwifery activity; the head of the medical institution where that person works, if the complaint is confirmed by more than two colleagues of that person working in the same institution; more than two colleagues working in the same institution, if the complaint is confirmed by the head of the institution; information provided by the employer or the institution where the person works; and the results of a study of the quality of medical services conducted by a competent state authority. This enumeration limits unfounded complaints: a case begins only on the current statements of persons from a defined circle, and confirmation requirements protect the nurse from arbitrary accusations.
A special rule applies where criminal prosecution is pending against the person for an act committed while carrying out professional activity: a statement or complaint concerning the same act is not examined. This approach gives priority to judicial consideration and protects the parties from contradictory parallel proceedings.
Renewal and Re-Acquisition of the Certificate
If the validity of a state certificate or registration has been suspended, then after the ground for suspension has been eliminated and the relevant requirements have been fulfilled, the validity is renewed by decision of the council — at the very first session of the council held after the submission of the relevant application by the holder of the document. In the case of annulment, the person has the right to re-acquire the state certificate or registration document in the manner established by the minister’s order.
Frequently Asked Questions on Nurse Licensing
What confirms the right of a nurse to independent practice?
This right is confirmed by a state certificate in the relevant specialty. To obtain it, appropriate medical education and compliance with the procedure established by legislation are required. Independent practice without a certificate is unlawful.
Which measures apply to improper conduct of the activity?
A written warning, suspension of managerial duties for not more than 6 months, suspension of the validity of the certificate or registration for not more than 6 months, annulment of the document, and other measures provided for by legislation. The measure is chosen by the council according to the gravity and consequences of the violation.
Who may file a complaint against a nurse?
The patient, a close relative or legal representative, the employer, the head of the institution or more than two colleagues with the relevant confirmation, as well as information from the employer or the institution and the results of a study by a competent authority. While criminal prosecution is pending for the same act, a complaint is not examined.
Can a suspended certificate be renewed?
Yes. After the ground is eliminated and the requirements are fulfilled, the validity is renewed by decision of the council at the first session after the application. After annulment, the document may be re-acquired in the manner established by the minister’s order.
How We Help on Legal.ge
In a nurse’s career, licensing and disciplinary matters are interconnected: obtaining the certificate, observing the standards and, where necessary, challenging a council decision. The Legal.ge team will help you choose the right route: we will assess your education and specialty, explain the steps of certification, prepare the documents and, if a liability case is opened, defend your position before the council and the court.