Georgia Administrative Code

(1) If an owner, applicant, employee, or administrator has an ineligible determination that is sustained after the Individualized Assessment process, they may appeal their disqualifying ineligible determination to the Office of State Administrative Hearings. The Department will p…

(1) A personnel file for each administrator and employee shall be maintained by the facility. (2) Such files shall be available for inspection by the Department but shall otherwise be maintained to protect the confidentiality of the information contained within. (3) The informati…

(1) Except as expressly provided in these rules, a facility that does not terminate an employee who has been found to have an ineligible determination or failed a registry check shall be liable for a civil monetary penalty in the amount of $500.00 for each day that a violation oc…

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.) Sec. 37-7-2.

These rules shall be known as the Rules and Regulations for Clinical Evaluation and Substance Abuse Treatment for DUI Offenders. The purpose of these rules is to provide for the approval of clinical evaluators and substance abuse treatment providers to evaluate and treat-DUI offe…

In these rules, unless the context otherwise requires, the words and phrases set forth herein shall mean the following: (a) "American Society of Addiction Medicine (ASAM) Patient Placement Criteria" means the current Patient Placement Criteria for the Treatment of Substance-Relat…

(1) Application Process. No person may conduct clinical evaluations pursuant to O.C.G.A. 40-5-63.1 or O.C.G.A. 40-6-391 without first having obtained approval by the department, having been placed by the department on the registry of clinical evaluators, and, as applicable, being…

(1) Clinical evaluations shall only be administered at locations approved by the department by clinical evaluators' who have been approved by the department to conduct such evaluations and who appear on the registry of clinical evaluators. (2) All clinical evaluations shall consi…

(1) Application Process. No provider may provide treatment required pursuant to O.C.G.A. 40-5-63.1 or O.C.G.A. 40-6-391 without first having obtained approval by the department, having been placed by the department on the registry of treatment providers and, as applicable, being …

(1) In order to obtain a certificate of treatment completion, a client must remain in treatment for at least the period of time recommended by the clinical evaluator. Treatment providers shall require that clients complete, at a minimum, services of the same number of days and ho…

(1) Confidentiality. All client records shall be confidential and shall be maintained and disclosed in accordance with the provisions of Volume 42 of the Code of Federal Regulations, 42 Part 2,"Confidentiality of Alcohol and Drug Abuse Patient Records," now and hereafter amended,…

Clinical evaluators and treatment providers shall enter into written contracts with clients for the provision of clinical evaluations and substance abuse treatment services respectively. Original contracts shall be maintained for a period of six years from the date of execution. …

Pre-numbered treatment/enrollment forms shall be supplied to treatment providers by the department. Treatment providers are responsible for completing the form relating to clinical evaluation and enrollment in treatment and providing the completed form to the client. These forms …

Pre-numbered certificates of treatment completion shall be supplied to treatment providers by the department. These certificates are the property of the department and treatment providers are responsible for each certificate of completion. Upon completion of treatment, treatment …

The department is authorized to inspect the records and facilities of clinical evaluators and treatment providers in order to verify compliance with these rules. Clinical evaluators, treatment providers and their employees and representatives shall cooperate with any inspection o…

(1) When the department finds that any applicant for the registry of clinical evaluators or treatment providers does not fulfill the requirements of these rules, the department may, subject to notice and opportunity for a hearing, refuse to place the applicant on the applicable r…

All enforcement actions resulting from this chapter 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 a hearing in response to any enforcement action taken pursuant …

In the event that a 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 the…

These regulations have been promulgated to ensure that basic statutory licensing requirements to operate Adult Crisis Stabilization Units (CSUs) and any associated Crisis Service Center (CSC) and/or Temporary Observation (Temp Obs) functions are met and to ensure that organizatio…

1. The purpose of these rules is to establish general licensing procedures, operational requirements and enforcement procedures required by the Department of Behavioral Health and Developmental Disabilities (DBHDD) for CSUs. The issuance of a CSU operating license requires compli…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: 1. Abuse means any unjustifiable intentional or grossly negligent act, exploitation or series of acts, or omission of acts which causes phy…

1. A license is required to operate a CSU and its associated CSC and/or Temp Obs functions: a. No person, corporation or other entity shall offer or provide crisis stabilization services as defined in these rules unless designated as an emergency receiving and evaluating facility…

1. An application for a license to provide CSU and any associated CSC and/or Temp Obs services/functions shall be submitted on forms made available by the Department in a format acceptable to the Department. No application shall be acted upon by the Department until the applicati…

1. When the Department determines that the applicant is in compliance with all applicable rules and regulations, the Department shall issue an initial license to the applicant. a. The initial license for a new facility is valid for the first year of operation. The term of the ini…

Each CSU shall have a detailed description of the scope of services under which the CSU operates that includes, but is not limited to: 1. The CSU and any associated CSC shall describe its capacity to serve both voluntary and involuntary individuals; 2. The CSU and any associated …

Each CSU shall have a description of services which shall clearly state the following: 1. The CSU is designed to serve as a first-line community based alternative to hospitalization, offering psychiatric stabilization and detoxification services on a short- term basis; 2. The tar…

1. The CSU must have written protocols for screening individuals presenting for evaluation pursuant to O.C.G.A Secs. 37-3-41 and 37-7-41. If screening results in an individual not being offered services or admitted to the CSU, the CSU shall maintain documentation of the rationale…

1. An Individualized Recovery Plan (IRP) shall be developed and written within seventy- two (72) hours of admission on the basis of assessments conducted by the physician, registered nurse and professional social work or counseling staff. A major goal of each IRP shall be the ind…

The CSU shall maintain a clinical record for each individual, which may be recorded manually or electronically. The clinical record shall contain chronological information on all matters relating to the admission, care and treatment, discharge and legal status of the individual, …

1. The CSU and any associated CSC and/or Temp Obs shall have procedures regarding authorized entry and/or exit between and from the facility services. 2. The CSU and any associated CSC and/or Temp Obs shall have policies and procedures to protect and respect individuals' rights a…

1. All pharmacy operations or services within the CSU must be licensed and under the direct supervision of a registered pharmacist or provided by contract with a licensed pharmacy operated by a registered pharmacist. 2. The CSU must ensure access to pharmacy services for prescrip…

1. Laboratory work and other diagnostic procedures deemed necessary shall be performed as ordered by the physician. 2. Any CSU that processes laboratory tests on-site shall provide documented evidence of a current Clinical Laboratory Improvement Amendment waiver.

All CSU food service operations shall comply with current federal and state laws and rules concerning food service and shall include: 1. At least three (3) nutritious meals per day shall be served; 2. Nutritional snacks shall be available to each individual; 3. No more than fourt…

The CSU and any associated CSC and/or Temp Obs functions shall develop and implement policies and procedures for infection control and prevention that include the following: 1. Standard precautions are defined and the use of personal protective equipment when handling blood, body…

1. The CSU and any associated CSC and/or Temp Obs functions shall safeguard the rights of individuals treated pursuant to applicable state laws and rules and regulations. 2. The CSU and its associated CSC and/or Temp Obs functions shall maintain a written statement of rights and …

The CSC and any associated CSC and/or Temp Obs functions shall: 1. Have records management policies, procedures and practices to manage and to protect the confidentiality and protected health information of individuals' records, to include electronic records; 2. Have records mana…

The legal status of each individual shall be clearly recorded within the clinical record to include: 1. Documenting the legal and clinical basis for the individual's admission to the CSU, whether voluntary or involuntary, consistent with all applicable state laws, rules and regul…

The CSU and any associated CSC and/or Temp Obs functions shall develop a quality assurance plan and update it annually: 1. The quality assurance plan shall address and ensure a comprehensive integrated review of all services and practices which shall include, but shall not be lim…

Areas accessible by individuals shall meet the following requirements: 1. The CSU and any associated CSC and/or Temp Obs shall maintain an environment that is clean and is in good repair; 2. The environment of the CSU shall have natural light and exterior views; 3. The general ar…

1. The CSU and any associated CSC and/or Temp Obs functions shall have an emergency fire and disaster plan that includes the following: a. Protocols for and documentation of practice of monthly fire drills rotated so that all shifts have had at least one (1) drill quarterly inclu…

The CSU and any associated CSC and/or Temp Obs shall comply with the following: 1. Develop and implement policies and procedures that address the hiring, training, promotion and termination of staff; 2. Define the responsibilities, qualifications, competencies of staff for all po…

1. The CSU and any associated Temp Obs functions shall assist in the coordination of necessary transportation through transfer and/or discharge to community-based services. 2. The CSU shall provide transportation in compliance with the DBHDD Provider Manual for Community Behavior…

The CSU, CSC and/or Temp Obs shall: 1. Report critical incidents to the Department as defined by the Departmental policy on reporting of incidents; 2. Have internal mechanisms to document, investigate and take appropriate action for complaints and incidents which are not required…

1. The Department shall be authorized to conduct investigations: a. Investigations shall be conducted to ensure compliance with all applicable laws, rules and regulations; b. Department representatives shall be authorized to enter the premise at any time to survey or investigate …

The Department shall have the authority to impose any one or more of the sanctions enumerated in Rules 82-3-1.28 and 82-3-1.29 upon a finding that an applicant or licensee has: 1. Knowingly made any verbal or written false statement of material fact either in connection with the …

1. Sanctions against Licensees. When the Department finds that any licensee has violated any provision of these rules and regulations, the Department, subject to notice and opportunity for a hearing, may impose any one or more of the sanctions in subparagraphs (a) through (e) bel…