Georgia Administrative Code

(1) A provider may provide three categories of home care services as defined in these rules. (a) Nursing Services. If a provider provides nursing services, such services shall be provided by a licensed registered professional nurse or a licensed practical nurse under the directio…

(1) Service Plan Content. A provider shall establish and implement written policies and procedures for service planning. A written plan of service shall be established in collaboration with the client and the responsible party, if applicable, and the client's personal physician i…

(1) A provider shall establish and implement written policies and procedures regarding the rights and responsibilities of clients, and the handling and resolution of complaints. (2) Such policies and procedures shall include a written notice of rights and responsibilities which s…

(1) Enforcement of these rules and regulations shall be conducted in accordance with Rules and Regulations for Enforcement of Licensing Requirements, (2) If the department finds that an applicant for a license has violated any provisions of these rules or other laws, rules, regul…

(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 provider in order to operate under the waiver or…

(1) 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 aff…

These rules are adopted and published pursuant to the Official Code of Georgia Annotated § 31-7-1et seq.

These rules shall be known as the Rules and Regulations for Residential Mental Health Facilities for Children and Youth. The purposes of these rules are to emphasize the programmatic requirements necessary to meet the needs of patients in a safe, therapeutic environment, and to s…

(1) "Abuse" means any unjustifiable intentional or grossly negligent act, exploitation or series of acts, or omission of acts which causes injury to a person, including but not limited to verbal abuse, assault or battery, failure to provide treatment or care, or sexual harassment…

(1) Application. An application to operate a licensed facility must comply with the following: (a) The governing body of the facility shall submit to the department an application for a permit. Such application shall be signed by the executive officer of the governing body. (b) T…

(1) Incorporation. All facilities shall be incorporated unless operated by a local or state governmental authority. The purpose or function of the facility shall be stated in the charter of incorporation. (2) Governing Body. The governing body must ensure that the following requi…

(1) General Requirements. The facility shall provide an environment that is therapeutic to and supportive of all the patients, their healthy development and their changing needs. The therapeutic environment shall take into consideration the architecture of the facility, indoor an…

(1) Intake and Admission. Services shall be designed to meet the needs of the patient and must conform to the stated purposes and objectives of the facility. (a) Acceptance of a child or adolescent for inpatient treatment shall be based on the initial assessment, arrived at by a …

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

(1) The department may, in its discretion, grant waivers and variances of specific rules upon application or petition being filed by a facility. The department may establish conditions which must be met by the facility in order to operate under the waiver or variance granted. Wai…

(1) Enforcement of these rules and regulations shall be done in accordance with the Rules and Regulations for Enforcement of Licensing Requirements, Chapter 111-8-25. (2) The facility shall notify each patient's parents and/or legal guardians of the department's actions to revoke…

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) "Administrator" means the individual who is responsible for the day to day management of the cen…

(1) The governing body shall submit an application to the Department for a permit using forms provided by the Department. No center shall be operated in Georgia without a valid permit which shall be displayed in a conspicuous place within the center. Failure or refusal by the gov…

(1) Following inspection and evidence of compliance with these regulations, the Department may issue a permit. Each permit shall indicate the classifications of services to be provided and patient capacity of the center. (2) Permits issued shall remain in force and effect until r…

Provisional permits may be issued by the Department for a time specific period based on an acceptable written plan for correcting deficiencies (plan of correction) found during an inspection. Provisional permits may be revoked by the Department due to prevailing circumstances whi…

(1) The center shall be open at all reasonable hours for observation and examination by properly identified representatives of the Department. (2) The governing body shall notify the Department of the anticipated opening date of a newly constructed center in order that a pre-open…

(1) The birth center shall be organized with an identifiable governing body which is responsible for establishing objectives and policies and which assumes full legal responsibilities for the overall conduct of the center, including compliance with laws and regulations pertaining…

(1) Each birth center shall have a written hospital affiliation agreement with an acute care hospital with at least Level III perinatal services within a reasonable distance from the birth center or the medical staff at the birth center shall have admitting privileges or other ac…

(1) All services provided by or in the center shall be performed by persons who are appropriately licensed or certified to perform such services in accordance with the laws of the State of Georgia. There shall be qualified staff members to provide for patient needs. At least one …

(1) The center shall require that each employee receives a health examination up on employment. The examination shall be in sufficient detail, including pertinent laboratory and tuberculosis screening, to assure that the employee is able to perform assigned tasks. The center shal…

(1) The birth center shall establish and maintain an organized health services information system for the collection, processing, maintenance, storage and retrieval of information concerning health services received by the patient. (2) An individual medical record shall be mainta…

If laboratory services are provided on site, the laboratory shall be licensed under the provisions of the Georgia Laboratory Licensure Law of 1970, O.C.G.A. Chapter 31-22, and applicable rules and regulations.

(1) Each center shall provide adequate space and equipment and staff to assure that drugs are stored and administered in compliance with State and Federal laws and regulations. (2) No drugs shall be dispensed at the facility unless pharmacy regulations are met.

If food services are provided, the facility must comply with Georgia Laws and Food Services Rules and Regulations of the Department.

General or regional anesthesia shall not be utilized in a birth center. Local or pudendal anesthesia is permitted.

The following minimum physical plant and operational standards shall be met: (a) The center shall provide sufficient space and equipment for patient and visitor waiting area, examination and treatment rooms, birth rooms, special care capability, and for staff and administrative a…

(1) The center shall ensure that housekeeping and maintenance is adequate to maintain the center and equipment in a clean condition and state of good repair. An equipment clean-up area with adequate plumbing, including a sink with counter, shall be provided within the center. (2)…

(1) All electrical work and equipment shall be designed and installed in accordance with State and local laws and ordinances. (2) All areas of the center shall have sufficient artificial lighting, for designated purposes. (3) All centers shall have an alternative lighting source …

(1) The center shall maintain sanitary conditions throughout the premises. This shall include the water supply, sewerage, and solid waste disposal systems. Such facilities shall meet local and State regulations. (2) All garbage, trash and waste shall be stored and disposed of in …

Any advertising of the services provided in or by a birth center shall be truthful and shall include the full name of the center and its Georgia license number, as shown on the face of the permit.

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

A birth center which fails to comply with these rules and regulations shall be subject to denial of a permit, revocation of its permit or provisional permit and other sanctions provided by law. The enforcement and administration of the rules and regulations: shall be as prescribe…

These regulations are applicable to any building or facility which is or shall be classified by the Department of Community Health as a birth center and the services provided there in, and expressly do not modify or revoke any of the provisions of the published rules of the Depar…

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 …

The legal authority for this chapter is Chapter 7 of Title 31 of the Official Code of Georgia annotated.

The purpose of these rules is to implement the requirements of Chapter 7 of Title 31 of the Official Code of Georgia Annotated pertaining to the licensure of facilities that are devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or l…

(1) "Department" means the Georgia Department of Community Health. (2) "Facility" means a place which is devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury. Such facility is not c…

Each facility shall have a governing body empowered and responsible to determine all policies and procedures, and to ensure compliance with these rules and regulations.

No facility shall be operated without a permit or provisional permit issued by the Department. (a) A permit shall be issued by the Department upon a facility's compliance with these rules and regulations. (b) A provisional permit shall be issued by the Department on a conditional…

Applications for a permit to operate a facility shall be submitted by the governing body on forms prescribed by the Department. An approved Certificate of Need shall accompany the application. Failure or refusal to file an application shall constitute a violation of Chapter 7 of …

(1) Upon submission of a completed application, the Department shall conduct an inspection of a facility to determine compliance with these rules and regulations. Following an inspection, the Department may issue or refuse to issue a permit or a provisional permit. (2) The Depart…