Application review and requirements; nontransferability

(a) The department shall, consistent with the requirements of this Code section, establish an application review process committee. The members of the committee shall include representation from department staff members and the Department of Behavioral Health and Developmental Disabilities. (b) Application requirements shall include, but not be limited to: (1) Data and details regarding treatment and counseling plans; (2) Biographical information and qualifications of owners, medical directors, counselors, and other required staff; (3) Data as determined by the department on currently licensed narcotic treatment programs within the region of the proposed location and within a 75 mile radius, whether or not such other programs are outside of the region; (4) Patient levels of currently licensed programs in the proposed region of care and within 75 miles, including: (A) The number of patients admitted to current narcotic treatment programs in the most recent month; and 616 26-5-47 (B) The number of patients served by current narcotic treatment programs in the most recent month; (5) Data on demographic, social, health, economic, alcohol and drug related crimes, alcohol and drug overdoses, and hospital and emergency department admissions of individuals addicted to opioids for the program location; (6) Applicant experience operating a narcotic treatment program or working at such program, including a complete history of such experience both within this state and in any other state; (7) Program ownership in other locations, if any, including a complete and accurate description of narcotic treatment program experience, including whether the applicant currently holds, has held, or has had revoked any licenses, registrations, enrollments, accreditations, contracts, and network memberships. The applicant shall disclose any adverse actions against the applicant while employed by or as a result of ownership of a narcotic treatment program; (8) Evidence the applicant sought community input for the proposed location from substance abuse advocacy organizations, civic organizations, neighborhood associations, locally elected officials, and other groups; (9) Proof of notification of intent to file an application with all law enforcement offices within a 25 mile radius of the program location; (10) Proof of notification of intent to file an application with all drug courts within a 75 mile radius of the program location; (11) A narrative description of and information about adjoining businesses and occupancies within 200 feet of the facility, including a description of transportation access, traffic patterns, security features, local area police and crime reports, and neighborhood safety; and (12) A complete description of the facility’s staff and patient parking. (c)(1) A program license shall be nontransferable for a change of a governing body. The department shall require currently operating programs that have a change of governing body to submit an application for such change in accordance with its rules and regulations. However, the department shall waive Code Section 26-5-46, all other requirements under this Code section, and Code Section 26-5-48 if such governing body is in good standing with the department. (2) A program license shall be nontransferable for a change of location. The department shall require currently operating programs 617 26-5-47 FOOD, DRUGS, AND COSMETICS 26-5-48 that have a change of location to submit an application for such change in accordance with its rules and regulations. However, the department shall waive the application requirements for a change of location of a currently operating program pursuant to Code Section 26-5-46, all other requirements under this Code section, and Code Section 26-5-48 if such governing body is in good standing with the department, provided the change of location is within such program’s current region established by this article. (d) Upon application for an additional program by a current licensee, each location operated by such licensee shall be inspected. Any such location inspected within the preceding 36 months shall be exempt from such inspection requirement of this subsection. Such inspections are in addition to all other application requirements for an additional program application by such licensee. (e) In the event an applicant is unable to obtain patient information from current programs as required by subsection (b) of this Code section, the department may direct current narcotic treatment programs to provide such information to the applicant. History. Code 1981, § 26-5-47, enacted by Ga. L. 2017, p. 307, § 1/SB 88; Ga. L. 2018, p. 1112, § 26/SB 365. 26-5-48. Prerequisites to licensing; limits on licenses; waivers; creation of regions. (a) Prior to the department issuing a license to a governing body for any narcotic treatment program, the program shall demonstrate the following: (1) Compliance with all state and federal law and regulations; (2) Compliance with all applicable standards of practice; (3) Program structure for successful service delivery; and (4) Impact on the delivery of opioid treatment services of the applicant in the applicable population. (b) The department shall issue a license to a governing body for any narcotic treatment program which meets all the rules and regulations for such program and the licensing of such program does not exceed four licensed treatment programs per region pursuant to subsection (h) of this Code section. (c) The department will evaluate the applications based on data submitted as required by Code Section 26-5-47. (d) Applications for licensure submitted to the department prior to June 1, 2016, shall not be subject to Code Section 26-5-46 or 26-5-47. 618 26-5-48 (e) Programs licensed on or before June 30, 2017, are not subject to the regional maximum allowable program limitations pursuant to this Code section. However, if a region has four or more licensed programs on or after July 1, 2017, such region shall be considered to have reached its maximum allowable programs. (f) The department shall establish a review process to determine if a waiver should be granted to an applicant and allow an application to be submitted for review in a region that has four or more licensed narcotic treatment programs. The department shall have full authority to determine the requirements that must be met for a waiver to be considered for review. (g) In the event that the department receives multiple letters of intent before an open enrollment period for a specific region and the ensuing applications will lead to the regional license limit being exceeded, the department shall have the authority to develop a scoring system for the applications submitted and approve a program or programs determined to be most fit for licensure. The department shall develop an appeal process for those applications not selected under such scoring system. (h) For the purpose of narcotic treatment program application evaluation for the department and delivery of services by narcotic treatment programs in communities and to citizens of this state and for the purpose of establishing narcotic treatment programs regional boundaries, there are created 49 regions with those counties designated as follows: (1) Region 1 shall be composed of Dade, Catoosa, Walker, and Chattooga counties; (2) Region 2 shall be composed of Whitfield and Murray counties; (3) Region 3 shall be composed of Gordon and Bartow counties; (4) Region 4 shall be composed of Floyd County; (5) Region 5 shall be composed of Polk and Haralson counties; (6) Region 6 shall be composed of Paulding County; (7) Region 7 shall be composed of Cobb County; (8) Region 8 shall be composed of Douglas County; (9) Region 9 shall be composed of Fulton County; (10) Region 10 shall be composed of Cherokee County; (11) Region 11 shall be composed of Forsyth County; (12) Region 12 shall be composed of Fannin, Gilmer, and Pickens counties; 619 26-5-48 FOOD, DRUGS, AND COSMETICS 26-5-48 (13) Region 13 shall be composed of Towns, Union, Lumpkin, and White counties; (14) Region 14 shall be composed of Rabun, Habersham, and Stephens counties; (15) Region 15 shall be composed of Hart, Franklin, Elbert, Oglethorpe, and Madison counties; (16) Region 16 shall be composed of Banks, Jackson, and Barrow counties; (17) Region 17 shall be composed of Hall and Dawson counties; (18) Region 18 shall be composed of Gwinnett County; (19) Region 19 shall be composed of DeKalb County; (20) Region 20 shall be composed of Clayton County; (21) Region 21 shall be composed of Henry County; (22) Region 22 shall be composed of Rockdale County; (23) Region 23 shall be composed of Clarke and Oconee counties; (24) Region 24 shall be composed of Walton and Newton counties; (25) Region 25 shall be composed of Wilkes, Lincoln, Taliaferro, McDuffie, Warren, and Glascock counties; (26) Region 26 shall be composed of Columbia, Richmond, and Burke counties; (27) Region 27 shall be composed of Greene, Morgan, Hancock, Putnam, Jasper, Jones, Baldwin, and Wilkinson counties; (28) Region 28 shall be composed of Butts, Lamar, and Monroe counties; (29) Region 29 shall be composed of Fayette, Spalding, Pike, and Upson counties; (30) Region 30 shall be composed of Carroll, Heard, Troup, Coweta, and Meriwether counties; (31) Region 31 shall be composed of Muscogee, Harris, Talbot, Taylor, Marion, and Chattahoochee counties; (32) Region 32 shall be composed of Bibb, Crawford, and Twiggs counties; (33) Region 33 shall be composed of Houston and Peach counties; (34) Region 34 shall be composed of Laurens, Johnson, and Treutlen counties; 620 26-5-49 (35) Region 35 shall be composed of Washington, Jefferson, Emanuel, Candler, and Toombs counties; (36) Region 36 shall be composed of Jenkins, Screven, Bulloch, and Effingham counties; (37) Region 37 shall be composed of Chatham County; (38) Region 38 shall be composed of Bryan, Liberty, McIntosh, Long, Tattnall, and Evans counties; (39) Region 39 shall be composed of Glynn, Camden, Wayne, Appling, and Jeff Davis counties; (40) Region 40 shall be composed of Dodge, Telfair, Montgomery, Wheeler, Bleckley, and Pulaski counties; (41) Region 41 shall be composed of Charlton, Ware, Brantley, Pierce, Bacon, and Coffee counties; (42) Region 42 shall be composed of Clinch, Atkinson, Lanier, Berrien, and Cook counties; (43) Region 43 shall be composed of Lowndes, Colquitt, Echols, Brooks, and Thomas counties; (44) Region 44 shall be composed of Tift, Turner, Irwin, and Worth counties; (45) Region 45 shall be composed of Dooly, Crisp, Ben Hill, and Wilcox counties; (46) Region 46 shall be composed of Dougherty County; (47) Region 47 shall be composed of Lee, Sumter, Macon, Schley, Webster, and Stewart counties; (48) Region 48 shall be composed of Calhoun, Baker, Mitchell, Decatur, and Grady counties; and (49) Region 49 shall be composed of Terrell, Randolph, Quitman, Clay, Early, Miller, and Seminole counties. History. Code 1981, § 26-5-48, enacted by Ga. L. 2017, p. 307, § 1/SB 88. 26-5-49. Rewards and financial incentives prohibited.