Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-100 - RULES AND REGULATIONS FOR PROXY CAREGIVERS USED IN LICENSED HEALTHCARE FACILITIES › Rule 111-8-100-.04 - Use of Proxy Caregivers and Informed Consent

Current through Rules and Regulations filed through June 27, 2024
(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 disability or legally authorized representative has executed
				a written informed consent.
(2)
Written Informed Consent.
No licensed facility will permit a proxy
				caregiver to provide health maintenance activities by or through the licensed
				facility unless the individual with a disability, or the legally authorized
				representative has executed an informed consent. The written informed consent
				must contain the following information:
(a) a
				definition of health maintenance activities as set forth in the law;
(b) the actual health maintenance activities
				to be performed;
(c) an explanation
				that such health maintenance activities are to be provided pursuant to the
				written orders of an attending physician, advance practice registered nurse or
				physician's assistant working under protocol or job description as further
				detailed in the written plan of care;
(d) the name(s) of the proxy caregiver(s) who
				are being authorized to provide health maintenance activities;
(e) a disclosure that Georgia law now allows
				licensed healthcare professionals to train unlicensed proxy caregivers to
				provide the specific health maintenance activities listed on the written plan
				of care;
(f) an acknowledgement
				that proxy caregivers are not licensed healthcare professionals and do not have
				the same education and training as licensed healthcare professionals.
				Therefore, there may be additional health risks associated with receiving this
				care from proxy caregivers who may not recognize an important change in the
				individual's medical condition requiring assessment and/or treatment;
(g) an acknowledgment that the individual
				with a disability, or the legally authorized representative consents and is
				willing to take such risks;
(h)
				that the informed consent is conditioned upon the proxy caregiver(s) being
				determined by an appropriately qualified licensed healthcare professional to
				have the knowledge and skills necessary to perform safely the specific health
				maintenance activities listed on the consent;
(i) a statement that the informed consent for
				any proxy caregiver designated to deliver health maintenance activities may be
				withdrawn orally or in writing by the individual with a disability or the
				legally authorized representative by informing the proxy caregiver and any
				licensed facility through which the proxy caregiver may be operating;
				and
(j) an authorization for such
				health maintenance activities to be provided which is signed and dated by the
				individual with a disability or the legally authorized
				representative.