Georgia Administrative Code

(1) As a condition for renewing his or her license for each biennium, every massage therapist licensed pursuant to this chapter shall be required to complete a minimum of twenty-four (24) continuing education (CE) hours related to the practice of massage therapy through an approv…

(1) The Georgia Board of Massage Therapy does not pre-approve continuing education courses or programs at this time. The Board will accept continuing education hours from any entity who is recognized/approved as a "Continuing Education Provider" by the National Certification Boar…

(1) Licensees may request by application only to the Board that their active license to practice as a massage therapist in Georgia be placed on inactive status prior to the license expiration date. Applications for Inactive Status request will not be considered if postmarked on o…

(1) Reinstatement of a revoked or lapsed license is within the discretion of the Board. (2) An applicant for reinstatement of a revoked or lapsed license must submit a completed application provided by the board, payment of the required fee and evidence satisfactory to the Board …

Any applicant holding a current license, in good standing, as a massage therapist issued by another jurisdiction, state, or territory of the US or foreign country whose licensure requirements are substantially equal to or exceeds the Georgia licensure requirements, shall apply fo…

(1) As used in this rule, the following terms shall mean: (a) "Board" means the Georgia Board of Massage Therapy. (b) "License" means any license issued by the Georgia Board of Massage Therapy. (c) "Military" means the United States armed forces, including the National Guard. (d)…

(1) Georgia Licensed Massage Therapists shall: (a) Comply with recognized professional standards for the practice of massage therapy and client quality of care. (b) Represent professional qualifications truthfully and accurately, including education and professional affiliations,…

(1) A person pursuing a course of study leading to a degree or certificate as a massage therapist in an educational program recognized by the board may engage in the practice, services, or activities of massage or massage therapy when such person is: (a) Actively enrolled in a ma…

(1) Refer to fee schedule for appropriate fees payable to the Board. (a) An indebtedness to the Board caused by a returned check will be dealt with in accordance with Code Section 16-9-20 of the Criminal Code of Georgia; (b) Fees may be reviewed and changed at the discretion of t…

In order to be a Georgia Board recognized massage therapy education program, the program must have a minimum curriculum of five-hundred (500) total clock hours of supervised classroom and supervised hands-on instruction. For purposes of this rule,"supervised" means the supervisor…

(1) In order to be a Georgia Board recognized massage therapy education program, the program must have a faculty that consists of a sufficient number of full and part-time instructors to ensure that the educational obligations to the student are fulfilled. Lab, clinical and commu…

(1) In order for a Georgia (physically) based massage therapy education program location(s) to obtain the Georgia Massage Therapy Board "Recognized" massage therapy education program status, the program must meet the requirements set forth in rules 345-8-.01 and 345-8-.02, and th…

(1) "Massage Therapy" means the act or practice of employing structured touch, pressure, movement and holding to the soft tissue of the body of a natural person for the particular purpose of enhancing or helping to restore a natural persons health and well being. Please refer to …

(1) "Act" means the Georgia Medical Assistance Act of 1977; O.C.G.A. Title 49, Article 7. (2) "Administrative Review" means the formal reconsideration, as a result of the proper and timely submission of a provider's request therefor, by any Departmental Division, Office, or Unit …

(1) The Department of Medical Assistance was created by the General Assembly in 1977. The Department is authorized to: (a) adopt and administer a State Plan for medical assistance as defined in paragraph (23) of Rule 350-1-.01, provided such State Plan is administered within the …

The Commissioner of Medical Assistance shall be the chief administrative officer of the Department and, subject to the general policy established by the Board, shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department.

The Board of Medical Assistance is empowered to establish the general policy to be followed by the Department. (a) The Board is composed of five (5) persons appointed by the Governor and confirmed by the Senate. (b) The presiding officer of the Board shall be its Chairperson, who…

In accordance with Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, no individual shall be excluded from participation, or be denied benefits, or be subjected to any other form of discrimination by th…

(1) When in the judgment of the Department it is appropriate to adopt, amend, or repeal one or more rules to secure satisfactory compliance with the provisions of any Georgia statute or federal law or regulation, or otherwise to assure effective administration of the Department, …

(1) Any interested person may petition the Department requesting the adoption, amendment, or repeal of any rule. (2) when the petition requests promulgation of a rule, the requested or proposed rule must be set out in full. The petition must also include all the reasons for the r…

In the event the chairperson of any standing committee of either House of the Georgia General Assembly to which a proposed rule relative to the Department of Medical Assistance is assigned notifies the agency that the committee objects to the adoption of such rule or has question…

If the Board finds that an imminent threat to the public health, safety, or welfare requires adoption of a rule upon fewer than thirty (30) days notice and states in writing the reasons therefor, the Commissioner, with the approval of the Chairperson, will proceed without prior n…

(1) Each rule shall not become effective until the expiration of twenty (20) days after the original and two copies of the rule are filed in the office of the Secretary of State. Each rule so filed shall contain a citation of authority pursuant to which it was adopted and, if an …

(1) Immediately following the adoption of any rule the Department shall forward a copy to all persons who have requested in writing that they be placed upon a mailing list, which shall be maintained by the Department for this purpose, and who have tendered the actual cost of such…

Adoption of the Rules of the Department of Medical Assistance is not intended to be exclusive of any presently existing rules and regulations of the State of Georgia pertaining to the Act, and adoption is made without prejudice to any rules and regulations of the Department of Hu…

(1) Except as specified in paragraph (2) of this section, the agency shall provide public notice of any proposed change in its methods and standards for setting payment rates for services whenever such change is expected, based on the most recent report of Department data obtaine…

(1) "Complaint Investigation" means a survey or visit to determine the validity of allegations of resident abuse, neglect or misappropriation of resident property, or of other noncompliance with applicable federal and state requirements. (2) "Deficiency" means a failure of compli…

If the Department finds that a facility does not or did not meet a Program Requirement governing nursing facilities, it may impose the following remedies, independently or in conjunction with others, subject to the provisions of this Chapter for notice and appeal. (a) Termination…

In determining which remedy to impose, the Department shall consider the facility's compliance history, change of ownership, and the number, scope, and severity of the deficiencies. Subject to these considerations, the Department shall impose those remedies described in Section .…

Civil monetary penalties shall be based upon one or more findings of noncompliance; actual harm to a resident or residents need not be shown. Nothing shall prevent the Department from imposing this remedy for deficiencies which existed prior to the survey or complaint investigati…

The Department shall impose the remedy of temporary management in situations where it finds that there is a need to oversee operation of the facility and to assure the health and safety of the facility's residents while there is an orderly closure of the facility or while improve…

(1) The Department shall maintain procedures and adequate staff on-site, on a regular, as-needed basis, to monitor the facility's operations, advise the facility in its effort to come into or maintain compliance, to report to the licensing agency, and to investigate complaints of…

(1) The Department shall give notice of the imposition of any remedy described in this Chapter as follows: (a) To the facility in writing, transmitted in a manner which will reasonably ensure timely receipt by the facility. (b) To the public by transmitting printed Notices to the…

(1) Should the facility wish to contest imposition of a remedy, other than a Plan of Correction and except as provided in Sections .03(e) and .05(c), a written request for Administrative Review must be received by the Department within ten (10) days of the facility's receipt of n…

(1) Should the facility wish to appeal the Administrative Review decision for remedies described in Subsections .02(a),(b),(c),(g),and(h), and for Subsection (d) where no determination of immediate jeopardy has been made, it may request an administrative hearing. Subsequent corre…

(1) An Administrative Law Judge appointed by the Department shall conduct provider hearings with respect to the following cases: (a) when a provider is aggrieved by an action of the Department with respect to a denial of, or the determination of the amount of, medical assistance …

(1) Hearings shall be conducted by the Department of Human Resources in the following cases: (a) when a recipient of medical assistance is aggrieved by the action or inaction of the Department as to any medical or remedial care or service which such recipient alleges should be re…

(1) Providers may represent themselves, or may choose to be represented by legal counsel or any other spokesperson. However, providers may not be represented by employees or agents of the Department. (2) An Administrative Law Judge may exclude from the hearing any person who: (a)…

The Department shall offer the opportunity for Administrative Review to any provider against whom it proposes to take an adverse action unless the Department is otherwise authorized by law to take such action without opportunity for appeal by the provider prior to the action's im…

(1) A request for a hearing must be in writing and received by the Department: (a) within ten (10) days after the date on which a notice of denial of a request for enrollment or notice of suspension or termination was transmitted to the provider; or (b) concerning any other actio…

The Administrative Law Judge may dismiss a request for a hearing for the following reasons: (a) it has been withdrawn by the provider in writing; (b) there is no genuine issue of law or fact which requires a hearing determination; (c) the provider without good cause therefor fail…

(1) Informal disposition may be made of any contested case by stipulation, written agreement, or consent order. (2) The parties may agree to settle the matters in dispute at any time prior to the issuance of the Administrative Law Judge's decision, whereupon the Administrative La…

(1) Each request for hearing meeting the specifications of Section 350-4-.06 shall be transmitted to an Administrative Law Judge appointed under authority of the Commissioner to adjudicate the matter in dispute. (2) The Administrative Law Judge shall be a competent, qualified, an…

(1) An Administrative Law Judge shall voluntarily withdraw from any proceedings in which he cannot render a fair and impartial decision for any reason. (2) A party may request the disqualification of an Administrative Law Judge by filing a written request or motion therefor accom…

Commencing with the appointment of an Administrative Law Judge, no person shall communicate ex parte with such Administrative Law Judge relating to the merits of the proceeding until after the issuance of a final decision unless all parties involved in the proceedings are informe…

As soon as practicable after being appointed to hear a case, the Administrative Law Judge shall issue a notice of hearing, stating the time and place of the hearing, the legal authority and jurisdiction pursuant to which the hearing was requested, the issues to be addressed, and …

(1) The Administrative Law Judge may, either sua sponte or at the request of any party, direct the parties or their authorized representatives to appear at a specified time and place for one or more conferences before or during a hearing or to submit written proposals or correspo…

(1) The hearing shall be conducted at the offices of the Department of Medical Assistance unless exigent circumstances necessitate a different venue, and at a reasonable time and date. Reasonable notice of the time and location shall be given to all parties prior to the scheduled…

(1) The Administrative Law Judge may continue and/or reopen a hearing: (a) on the Administrative Law Judge's own motion, (b) at the request of any party, only upon a showing of good cause, or (c) upon agreement by the parties. (2) Notice of the time and place of a continued or re…

(1) If a party fails to appear at a hearing after receiving notice thereof, the Administrative Law Judge shall proceed with the hearing in the absence of the party or dismiss the action on motion of any party or sua sponte. (2) If the party requesting a hearing fails to take acti…