Georgia Administrative Code

(1) Employees and agents of the Department shall have the right of entry into the premises of the laboratory during all hours of operation and full access to all records, reports and documents relevant to the licensure status of the laboratory as determined by the Department. (2)…

These rules and regulations shall not apply to: (a) Clinical laboratories operated by the Medical College of Georgia, the Emory University School of Medicine, Mercer University School of Medicine, Morehouse School of Medicine, or any other medical schools in Georgia, or the Unite…

The Department, upon application or petition, may grant variances and waivers to these rules and regulations (after review and advice of Laboratory Advisory Council) when it is shown that the rule and regulation should not be applied as written, because strict application would c…

(1) The administration and enforcement of these rules and regulations shall be in accordance with Chapters 2, 5 and 22 of Title 31 of the Official Code of Georgia Annotated and Chapter 13 of Title 50 of the Official Code of Georgia Annotated and the Rules and Regulations General …

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 (OCGA) §§ 31-7-2.1 and 43-26-12.

These rules, known as the Rules and Regulations for Proxy Caregivers Used in Licensed Healthcare Facilities, set forth the requirements for designated proxy caregivers performing health maintenance activities in connection with certain licensed healthcare facilities subject to re…

In these rules, unless the context otherwise requires, the terms set forth herein shall mean the following: (a) "Administrative action" means the initiation of a contested case as defined in the Georgia Administrative Procedure Act (APA), O.C.G.A. § 50-13-2(2) against a licensed …

(1) Proxy Caregiving Permitted. Licensed facilities, may allow proxy caregivers to perform health maintenance activities for individuals with disabilities who are being served by or through the licensed facility, as authorized in these rules, provided that the individual with a d…

(1) Training Curricula. A licensed facility utilizing proxy caregivers must employ a written training curricula developed by appropriately licensed healthcare professionals which ensures that the proxy caregiver accurately demonstrates how to do the required health maintenance ac…

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

A licensed facility which permits proxy caregivers to deliver health maintenance activities is subject to inspection by the Department to determine compliance with the requirements contained in the Rules and Regulations for Proxy Caregivers Used in Licensed Healthcare Facilities,…

In the event that any rule, sentence, clause or phrase of any of the 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 th…

These rules are adopted and published pursuant to the Official Code of Georgia Annotated (O.C.G.A.) § 31-7-350 et seq. (effective Oct. 1, 2019).

These rules, known as the Rules and Regulations for Criminal Background Checks, establish the minimum standards for the Georgia Long-term Care Background Check Program for conducting criminal background checks of owners, applicants for employment, administrators, onsite managers,…

In these rules, unless the context otherwise requires, the terms set forth herein shall mean the following: (1) "Abuse" means the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. Such term i…

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

(1) A records check application shall be required: (a) For each owner, upon application for a new license; (b) For each owner, upon application for a change of ownership; (c) For each administrator, onsite manager or director of a facility, upon application for employment or prio…

(1) Except for the Grace Period described in paragraph (3) below, an individual required to submit to a registry check and criminal background check shall not be employed by, contracted with, or allowed to work as an employee at a facility, or to serve as an administrator, onsite…

When the department determines that an owner has an unsatisfactory 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…

The department may require a criminal background check on any facility owner, administrator, onsite manager, director or employee during the course of an abuse investigation involving such individual or if the department receives information that such individual was arrested for …

The department shall impose a civil monetary penalty fine in the amount of the lesser of $10,000.00 or $500.00 for each day that a violation of these rules occurs. The daily civil monetary penalty fine shall be imposed only from the time the facility knew or should have known tha…

(1) An owner, applicant for employment, employee, administrator, onsite manager or director may: (a) Obtain information concerning the accuracy of his or her criminal record, and the department shall refer such individual to the appropriate state or federal law enforcement agency…

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 §§ 31-7-380 et seq.

These rules, known as the Rules and Regulations for the Georgia Caregiver Registry, establish the minimum standards for the Georgia Caregiver Registry which allows employers who are family members or guardians of elderly persons to conduct an employment eligibility determination …

In these rules, unless the context otherwise requires, the terms set forth herein shall mean the following: (a) "Applicant" means an individual applying to provide personal care services to an elderly person in a residence or location not licensed by the Department. (b) "Caregive…

(1) The Georgia Caregiver Registry will enable employers who are family members or guardians of elderly persons in Georgia to obtain an employment eligibility determination for applicants or employees who are providing personal care services to the employer's family members or wa…

(1) If an applicant or employee receives an ineligible determination notice by the Department and wishes to appeal the ineligible determination, the applicant or employee must appeal by requesting an appeal in writing within ten (10) days of receipt of the notice. The applicant o…

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…

Unless a different meaning is required by the context, the following terms as used in these rules and regulations shall have the meaning hereinafter respectively ascribed to them: (a) "Approved Plan" means a Disaster Preparedness Plan which has been found by the Department to mee…

The following facilities are exempt from these rules and regulations: (a) Facilities classified and licensed by the Department as: "Family Personal Care Homes", "Freestanding Emergency Care Centers", "Home Health Agencies", and "Specimen Collection Center" or "Health Testing Faci…

(1) Unless specifically exempted in Rule every facility shall have a Disaster Preparedness Plan which meets the requirements of Rule . Disaster Preparedness Plan rehearsals shall be regularly conducted with a minimum of two rehearsals in each calendar year. (2) The governing body…

(1) The plan shall contain a section in which the unique needs of the facility's residents are identified and assessed. (2) The plan shall contain a section which identifies the emergency situations to be addressed by the plan. As a minimum the following emergency situations shal…

Each Long-term care facility shall: (1) Inform its residents and their representatives or legal surrogates by 5:00 P.M. the next calendar day following the occurrence of either a single confirmed infection of COVID-19 or another airborne infectious disease identified by the depar…

The facility shall maintain the following records and make them available to authorized Department employees upon request: (a) a copy of the plan and any subsequent changes thereto; (b) records of rehearsals of the plan; (c) records of incidences which required implementation of …

The rules as contained in this chapter expressly do not modify or revoke the provisions of any of the other rules of the Department of Community Health which have been or will be promulgated under the authority of O.C.G.A. Chapter 31-7, Article 1.

When an emergency situation occurs which dictates implementation of the plan and results in injury or loss of life, the Department shall be notified within 24 hours. Such notification may be verbal. In other emergency situations which dictate implementation of the plan a record s…

The Department, upon petition, may grant variances or waivers of specific rules and regulations as provided for in O.C.G.A. § 31-2-7 when it has been shown that the rule or regulation is not applicable or to allow experimentation and demonstration of new and innovative approaches…

A facility which fails to comply with these rules and regulations shall be subject to revocation of its permit or provisional permit and/or other sanctions provided by law. The enforcement and administration of these rules and regulations shall be as prescribed in O.C.G.A. Chapte…

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. 26-5-1et seq.

These rules shall be known as the Rules and Regulations for Drug Abuse Treatment and Education Programs. The purpose of these rules is to provide minimal requirements for the licensing and inspection of drug abuse treatment and education programs, not subject to regulation as lic…

In these rules, unless the context otherwise requires, the words and phrases set forth herein shall mean the following: (a) "Ambulatory Detoxification Program" means a program for the medical management and other support for processes associated with the physical process of withd…

Each licensed program shall have a clearly identified governing body. The chairperson or chief executive officer of the governing body shall complete a statement of responsibility on behalf of the governing body acknowledging the governing body's responsibility for the operation …

No governing body shall operate a drug abuse treatment and education program in the state without first obtaining a license or provisional license. A licensed program may offer one or more of the program services described in these rules. (a) License. A license will be issued, up…

The department may issue a license to a program 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 these rules. The license …