Georgia Administrative Code

(1) Through the facility administration, the medical director, and the medical and nursing staff, the facility shall develop and implement a facility-wide continuous quality improvement program, specific to the facility and designed to perform a systematic, ongoing, concurrent, a…

(1) Medical Director. Any medical director beginning such a function for the first time in Georgia at any facility on or after July 1, 2002 shall be a licensed physician who is board-certified in nephrology. However, a physician who has completed a fellowship in nephrology after …

(1) Staff Orientation. (a) The facility shall provide a facility orientation program for all staff, approved by the medical director, to include at least: 1. A review of the services provided by the facility; 2. A review of facility policies and procedures, including general infe…

(1) Nursing Services. (a) Nursing services shall be provided in accordance with current standards of practice as defined by Georgia law. (b) The facility shall employ a full-time registered nurse to be the nurse responsible for nursing services, and to supervise the provision of …

(1) The facility shall coordinate services for each patient through an interdisciplinary treatment team approach. An interdisciplinary treatment team shall be identified at the time of admission for each patient and shall consist of at least: (a) The patient and any family member…

(a) Facilities processing dialyzers for reuse shall adhere to the current American National Standard, Reuse of Hemodialyzers, published by the Association for the Advancement of Medical Instrumentation (AAMI), which are incorporated herein by reference. (2) The facility practicin…

(1) A current and complete medical record shall be maintained for each patient. (2) The facility shall designate a supervisor for the medical records who shall be responsible for the organization, proper documentation, completion and preservation of the facility's medical records…

(1) Safety. The facility shall have sufficient staff, systems and equipment in place to provide a safe environment for patients, staff, and visitors, to include at least: (a) A system for patients and staff to summon assistance, when needed, from treatment areas and bathrooms; (b…

(1) The facility shall have an infection control committee composed of at least the facility administrator, a physician, and a registered nurse. The infection control committee shall develop and implement policies and procedures for preventing and controlling hepatitis and other …

(1) The facility shall establish and implement procedures that describe staff and patient actions in medical and non-medical emergencies, including at least fire, equipment failure, power outages, medical emergencies, unscheduled facility closing, and natural disasters which are …

(1) A facility may request a waiver or variance of a specific rule by application on forms provided by the Department. (2) The Department may grant or deny the request for waiver or variance at its discretion. If the waiver or variance is granted, the Department may establish con…

(1) An end stage renal disease facility that fails to comply with these rules and regulations shall be subject to sanctions and/or license revocation as provided by law. (2) The Department may take actions to enforce these rules and regulations as prescribed in the Rules and Regu…

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

These rules shall be known as the Rules and Regulations for Enforcement of General Licensing and Enforcement Requirements. The purposes of these rules are to provide for general licensing and enforcement actions requirements by the department with respect to violations of licensi…

(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 in compliance with applicable rules…

The department shall have the authority to impose any one or more of the sanctions enumerated in paragraphs (1), (2) and (3) of Rule upon a finding that an applicant or licensee has: (a) Knowingly made any verbal or written false statement of material fact either in connection wi…

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

(1) Authority to Investigate. The department shall have the authority to make public or private investigations inside or outside this state. Such investigations may be initiated at any time, in the discretion of the department, and may continue during the pendency of any action i…

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…

(1) Where a nursing home or intermediate care home is required by the provisions of O.C.G.A. § 31-7-3.2 to give notice of violations giving rise to the imposition of any sanction, the notice shall contain the information required by that code section and shall conform to the foll…

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 inspection warrant if its representatives are denied mean…

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 …

Unless a different meaning is required by the context, the following terms as used in these regulations shall have the meaning hereinafter respectively ascribed to them: (a) "Eye bank" means a facility which is maintained and operated for the extraction, removal, care, storage, p…

Any person or persons desiring to establish an eye bank shall apply in writing to the Department for a permit. The application shall include the following information: (a) Name of hospital or medical school; (b) Name and qualifications of medical director of the proposed eye bank…

(1) Upon compliance with all of the requirements for establishing an eye bank the governing authority for establishing said eye bank shall be issued a permit by the Department. (2) It shall be unlawful to establish and operate an eye bank without a permit.

Inspections of facilities, equipment and operational procedures of the eye bank shall be made by the Department. If the eye bank is found to be deficient in any point in these rules and regulations, notice of these deficiencies will be given to the eye bank. Correction of such de…

In addition to the requirements of these regulations, the eye bank shall meet the current medical standards approved by the Eye Bank Association of America.

(1) The eye bank shall be under the control of a hospital or medical school's governing authority. This control may be shared through contractual agreement with other charitable institutions. (2) The eye bank shall have a medical director. (3) The eye bank may receive gifts, dona…

(1) All records of the eye bank shall be confidential and shall be made available only to duly authorized persons. (2) The following records shall be kept by each eye bank: (a) donor record; the signed and witnessed duplicate donor card of every intended donor as well as the cons…

(1) In any case in which a donor is having an autopsy performed, the following consent requirements shall be met prior to enucleation: (a) A decedent who may provide a suitable eye for the transplant is under the jurisdiction of a coroner or medical examiner and an autopsy is req…

Standard hospital and/or eye bank consent requirements shall be met.

Eye banks may authorize the following persons to perform eye extractions: (a) Any physician; (b) any embalmer licensed by the state of Georgia who has completed a course in eye extraction approved by the Department; (c) any technician trained by and authorized by the eye bank to …

Procedures involved in the enucleation, transportation, and storage of eye tissue shall comply with the eye bank's policies for such procedures. These procedures shall conform to the current prevailing medical standards.

(1) Shipping of eyes shall be the fastest and most convenient transportation methods. (2) Eyes used for transplanting purposes shall be shipped in sturdy, insulated shipping containers that will maintain a maximum temperature of 4°C. for at least 36 hours. (3) A shipping carton, …

All publicity, with the objective of informing and educating the general public to take an active part in the eye donor program, all fund raising activities, and the solicitation of donor eye pledges, must be done by the most dignified means. Such activities shall conform to prev…

(1) It shall be unlawful: (a) for any person to sell either his eyes or any parts thereof or the eyes or any parts thereof of another person or to receive any remuneration for the giving of a human eye or any part thereof; (b) for the person or persons operating and maintaining a…

(1) 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 approac…

The administration and enforcement of these rules and regulations shall be as prescribed in O.C.G.A. § 31-2-8 and as prescribed by the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-1et seq.

(1) The Department of Community Health is authorized by the Georgia Health Maintenance Organization Act of 1979, Ga. Laws of 1979, p. 1148, et seq., (Ga. Insurance Code Chapter 56-36) to promulgate rules and regulations necessary to establish and control the standards of health c…

Unless a different meaning is required or given in the context, the following terms as used in these rules and regulations shall have the meaning hereinafter respectively ascribed to them: (a) "Basic Health Care Services" means healthcare services which an enrolled population mig…

An HMO shall provide or arrange for the provision of basic health care services to its enrollees as needed and without limitations as to time, cost, type of service, or waiting period, e.g. maternity benefits, except as otherwise provided for in these rules and regulations. Provi…

(1) An HMO may provide or arrange for the provision of supplemental health services for which the enrollee has contracted and for which the required health manpower is available. (2) An HMO must define the level and scope of each supplemental benefit to be offered, i.e., covered …