Georgia Administrative Code

The Department may, in its discretion, issue a license to a facility that provides proof of accreditation by an accreditation agency approved by the Department, if the accreditation agency's requirements are substantially equivalent or more stringent than the requirements of thes…

(1) An application for a license to operate a drug abuse treatment and education program shall be submitted to the Department on forms provided by the Department, as well as requested updating information, and shall include assurances satisfactory to the Department that the facil…

(1) The facility shall report all reportable incidents to the Department within twenty-four (24) hours; provided, however, legal action involving the juvenile justice system is not required to be reported. (2) Reportable incidents include the following incidents involving a facil…

(1) Survey. The Department is authorized to conduct a survey to determine whether a facility is operating in compliance with licensing requirements or has violated any licensing requirements. Such surveys may be initiated at any time, in the discretion of the Department, and may …

(1) Program purpose. A licensed facility shall develop and implement written policies and procedures that specify its philosophy, purpose, and program orientation. Such policies and procedures shall identify the target population served including the ages of the clients, how the …

(1) The facility shall have sufficient types and numbers of staff as required by these rules to provide the treatment and services offered to clients and outlined in its program description. (2) Staff subject to professional practice acts must be in compliance with the state prac…

(1) Required approvals. (a) A facility shall be in compliance with all applicable local health, sanitation, building, and zoning requirements. (b) A facility shall be in compliance with all applicable laws and rules issued by the state fire Marshall, the proper local fire marshal…

(1) A residential facility which provides food service shall provide each resident with meals and snacks of food groups and serving sizes which meet the nutritional guidelines of the United States Department of Agriculture. Meals and snacks shall be varied daily. Modified diets b…

(1) A program shall only accept referrals and shall only admit and retain clients whose known needs can be met by the program in accordance with the program's purpose and description. Written policies and procedures for client referral, intake, assessment, and admission shall be …

(1) A program must develop and implement a comprehensive, individualized treatment plan for each client. Such treatment plans shall be modified and updated as necessary, depending upon the clients' needs. (2) Initial treatment plan. An initial treatment plan will be formulated at…

(1) If a program administers medications, written policies and procedures for prescription, administration and security of medications shall be established and implemented. Such policies and procedures shall include the following: (a) Medications are prescribed by a physician/phy…

Written policies and procedures for an ongoing quality assurance process shall be established and implemented. Such processes shall identify areas of treatment or treatment problems to be addressed; establish and monitor criteria by which the quality and appropriateness of the tr…

(1) A program must complete an individualized discharge summary for all discharged clients and also an aftercare plan for continuing services and support for those clients who complete their course of treatment. (2) Discharge summary. A discharge summary shall be completed for al…

(1) Programs offering residential sub-acute detoxification must meet Rules 82-10-1-.01 through 82-10-1-.18 and Rules 82-10-1-.26 through 82+-10-1-.27, in addition to the rules set forth in this Rule (82-10-1-.19). (2) The program shall establish and implement written policies and…

(1) Programs offering ambulatory detoxification must meet Rules 82-10-1-.01 through 82-10-1-.18 and Rules 82-10-1-.26 through 82-10-1-.27, in addition to the rules set forth in this Rule (82-10-1-.20). (2) The program shall establish and implement written policies and procedures …

(1) Programs offering residential intensive treatment programs must meet Rules 82-10-1-.01 through 82-10-1-.18 and Rules 82-10-1-.26 through 82-10-1-.27, in addition to the rules set forth in this Rule (82-10-1-.21). (2) Residential intensive treatment programs provide services f…

(1) Programs offering residential transitional treatment programs must meet Rules 82-10-1-.01 through 82-10-1-.18 and Rules 82-10-1-.26 through 82-10-1-.27, in addition to the rules set forth in this Rule (82-10-1-.22). (2) Residential transitional treatment programs provide serv…

(1) Programs offering specialized day treatment programs must meet Rules 82-10-1-.01 through 82-10-1-.18 and Rules 82-10-1-.26 through 82-10-1-.27, in addition to the rules set forth in this Rule (82-10-1-.23). (2) Specialized day treatment programs emphasize continued abstinence…

(1) Programs offering outpatient drug treatment programs must meet Rules 82-10-1-.01 through 82-10-1-.18 and Rules 82-10-1-.26 through 82-10-1-.27, in addition to the rules set forth in this Rule (82-10-1-.24). (2) Outpatient drug treatment programs provide a variety of structure…

(1) Structured programs that do not fit into existing program classifications but meet the requirements of these rules will be licensed as special programs. These programs may be part of other licensed programs or may be individually licensed. (2) Programs offering special progra…

(1) A program shall establish and implement written policies and procedures regarding the rights of clients, and the handling and resolution of complaints. At a minimum, the program must ensure that its clients enjoy the rights and responsibilities listed herein. (2) Such policie…

(1) Behavior Management. (a) The program shall develop and implement policies and procedures on behavior management. Such policies and procedures shall set forth the types of clients served in accordance with the program's purpose, the anticipated behavioral problems of the clien…

(1) The Department may refuse to grant an initial license, revoke a current license, or impose other sanctions as described in Rules and Regulations for Licensure Enforcement and Sanctions, Chapter 82-14-1. (2) The Department may suspend any requirements of these rules and the en…

(1) The Department may, in its discretion, grant waivers and variances of specific rules upon application or petition being filed on forms provided by the Department. The Department may establish conditions which must be met by the program to operate under the waiver or variance …

In the event that any rule, sentence, clause or phrase of any of these rules and regulations may be construed by any court of competent jurisdiction to be invalid, illegal, unconstitutional, or otherwise unenforceable, such determination or adjudication shall in no manner affect …

These rules are adopted and published pursuant to the Official Code of Georgia Annotated (O.C.G.A.) §§ 26-5-6, 26-5-43, 37-13-2, and 37-3-205.

These rules shall be known as the Rules and Regulations for Licensure Enforcement and Sanctions. The purposes of these rules are to provide for general licensing and enforcement actions requirements by the Department with respect to violations of licensing requirements by certain…

(1) "Administrative action" means the initiation of a contested case as defined in the Georgia Administrative Procedures Act (APA), O.C.G.A. § 50-13-2(2). (2) "Alter ego" means a person who acts pursuant to the control or influence of another while purporting to act independently…

(1) No facility shall offer or provide services which are required to be licensed under rules enforced by the Department without a current license issued by the Department. (2) No license shall be issued by the Department unless the facility is substantially in compliance with ap…

(1) The Department shall have the authority to impose any one or more of the sanctions enumerated in paragraphs (1), (2) and (3) of Rule 82-14-1-.06 ("Sanctions") upon a finding that an applicant or licensee has: (a) Knowingly made any verbal or written false statement of materia…

(1) Sanctions against Licensees. When the Department finds that any licensee has violated any provision of Rule 82-14-1-.05 ("Enforcement"), the Department, subject to notice and opportunity for a hearing, may impose any one or more of the sanctions in subparagraphs (a) through (…

(1) Authority to Inspect. The Department is authorized to conduct an survey to determine whether a facility is operating in compliance with licensing requirements or has violated any licensing requirements. Such surveys may be initiated at any time, in the discretion of the Depar…

For any action taken or any proceeding held under this Chapter or under color of law, except for gross negligence or willful or wanton misconduct, the Department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of an…

In an administrative or legal proceeding under this Chapter, a person claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception.

This Chapter and all sanction actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the Georgia Administrative Procedure Act. Any request for hearing in response to any sanction action unde…

The provisions of this Chapter shall be supplemental to and shall not operate to prohibit the Department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the Department. In cases where those other…

In addition to the enforcement actions authorized by this Chapter with respect to refusal to provide the Department with access to a facility, the Department may make application to a court of competent jurisdiction for an survey warrant if its representatives are denied meaningf…

The Department may, without regard to the availability of other remedies, including the remedies set forth in this Chapter, seek an injunction against the continued operation of a facility without a license. The Department likewise may seek injunctive relief against the continued…

In the event that any rule, sentence, clause or phrase of any of these rules and regulations may be construed by any court of competent jurisdiction to be invalid, illegal, unconstitutional, or otherwise unenforceable, such determination or adjudication shall in no manner affect …

These rules are adopted and published pursuant to the Official Code of Georgia Annotated (O.C.G.A.) §§ 26-5-43, 37-1-147, and 37-1-149.

(1) These rules shall be known as the Rules and Regulations for Criminal Background Checks. (2) The purpose of these rules is to establish the minimum standards for conducting fingerprint-based background checks, registry checks, and professional licensing board checks of owners,…

In these rules, unless the context otherwise requires, the words and phrases set forth herein shall mean the following: (1) "Administrator" means the individual designated by a narcotic treatment program's governing body who is responsible for the on-going and day-to-day operatio…

(1) Prior to a criminal background check required by these rules, the facility shall perform a registry check of the owner, applicant, administrator, and employees. If an individual has not resided in this state for at least two years, the facility shall conduct registry checks f…

(1) Prior to a criminal background check required by these rules, the facility shall perform a professional licensing board check of the owner, administrator, applicant, or employee, if the individual is a licensed healthcare professional or is required to hold a professional lic…

(1) A records check application and criminal background check shall be required: (a) For each owner, administrator, employee, and applicant, upon a facility's or license candidate's application for a new license; (b) For each owner, upon application for a change of a licensed fac…

(1) When the Department determines that an owner has an ineligible determination as a result of a criminal background check or has appeared on a registry check, the Department shall notify such owner of the ineligible status for ownership and shall take the necessary steps to rev…

(1) The Department may require a criminal background check on any facility owner, administrator or employee during the course of an investigation involving such individual or if the Department receives information that such individual was arrested for a crime. In such instances, …