reglab/statecodes huggingface dataset:
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 111-8-19 - RULES AND REGULATIONS FOR DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS › Rule 111-8-19-.21 - Residential Transitional Treatment Programs

Current through Rules and Regulations filed through June 27, 2024
Such residences provide services on an intermediate basis for
				  clients characterized as chronic substance abusers who are transitioning to the
				  community or to other treatment modalities, and who, typically, lack a stable
				  living situation and require variable levels of therapeutic services.
				  Facilities that only provide housing for persons, such as half-way houses or
				  temporary shelters, are not subject to licensure as residential transitional
				  treatment programs, unless the residence offers treatment services or is a
				  supportive service owned and/or controlled by a licensed program. In addition
				  to the general rules set forth, programs offering residential transitional
				  treatment programs shall meet the requirements of this subsection (.21).
(a) Client intake, assessment, and admission;
				individual treatment planning; and discharge and aftercare shall be done in
				accordance with rules .13, .14 and .17. Additional admissions requirements,
				including laboratory tests, may be required by facility policy and/or
				determination of the medical/clinical director. The program has the discretion
				to use physical and psycho-social assessment information from another licensed
				program, licensed hospital, or a state or federal agency, if the client is
				transitioning directly from another program.
(b) The program shall provide at least five
				or more hours per week of therapeutic services designed to enable the client to
				function without substance abuse. Such services shall be rendered by persons
				who have been determined qualified by training, education, experience, and who
				are licensed/certified if required by state practice acts to render such
				services.
(c) There shall be
				sufficient types and numbers of staff members on duty in the residence to
				provide for safe supervision of clients whenever clients are present.
(d) Provisions shall be made for mandatory
				education of children in care in accordance with O.C.G.A. Sections
				20-2-690
et seq.
or its successor statute.
(e) A
				program shall have a written agreement with a physician for the provision of
				medical care.
O.C.G.A. §§
										26-5-5,
				  26-5-6.
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 111-8-19 - RULES AND REGULATIONS FOR DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS › Rule 111-8-19-.22 - Specialized Day Treatment Programs

Current through Rules and Regulations filed through June 27, 2024
Specialized day treatment programs emphasize continued
				  abstinence, development of social support network and necessary lifestyle
				  changes, educational skills, vocational skills, social and interpersonal
				  skills, the understanding of addictive disease, and the continued commitment to
				  a recovery program. The program provides structured treatment or therapeutic
				  services, utilizing activity schedules as part of its operational method, i.e.
				  plans or schedules of days or times of day for certain activities. The programs
				  utilize methods, materials, settings, and outside resources that are
				  appropriate to the development levels and ages of clients, and, age
				  appropriate. These programs are provided over a period of several weeks or
				  months and often follow detoxification or residential services. They may also
				  utilize group and/or individual counseling and/or therapy. Such programs shall
				  provide:
(a) Client intake,
				assessment, and admission; individual treatment planning; and discharge and
				aftercare shall be done in accordance with rules .13, .14, and .17. Additional
				admissions requirements, including laboratory tests, may be required by
				facility policy and/or determination of the medical/clinical
				director.
(b) Treatment must be
				provided by persons determined to be qualified by training, education,
				experience, and who are licensed/certified if required by state practice acts
				to render such services that meet the needs of the clients.
(c) Provisions shall be made for mandatory
				education of children in care in accordance with O.C.G.A. §
									20-2-690
et seq.
or its successor statute.
O.C.G.A. §§
										26-5-5,
				  26-5-6.
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 111-8-19 - RULES AND REGULATIONS FOR DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS › Rule 111-8-19-.23 - Outpatient Drug Treatment Programs

Current through Rules and Regulations filed through June 27, 2024
Outpatient drug treatment programs provide a variety of
				  treatment and therapeutic services intended to enable clients to function drug
				  free and to learn social and psychological skills. Typically, these include
				  services such as psychosocial assessment; group, individual, and family
				  counseling; supportive counseling; substance abuse education; and therapeutic
				  recreational activities. Such services shall be provided in part outside normal
				  business hours so that clients who work or go to school can attend. Such
				  programs shall provide:
(a) Client
				intake, assessment, and admission; individual treatment planning; and discharge
				and aftercare shall be done in accordance with rules .13, .14, and
				.17.
(b) Treatment must be provided
				by persons determined to be qualified by training, education, experience, and
				who are licensed/certified if required by state practice acts to render such
				services that meet the needs of the clients.
O.C.G.A. §§
										26-5-5,
				  26-5-6.
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 111-8-19 - RULES AND REGULATIONS FOR DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS › Rule 111-8-19-.24 - Special Programs

Current through Rules and Regulations filed through June 27, 2024
Structured programs that do not fit into existing program
				  classifications but meet the requirements of these rules will be licensed as
				  Special Programs. These programs may be part of other licensed programs or may
				  be individually licensed.
O.C.G.A. §§
										26-5-5,
				  26-5-6.
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 111-8-19 - RULES AND REGULATIONS FOR DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS › Rule 111-8-19-.28 - Waivers and Variances

Current through Rules and Regulations filed through June 27, 2024
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 program in order to operate under the waiver or variance granted.
				  Waivers and variances may be granted in accordance with the following
				  considerations:
(a) Variance. A
				variance may be granted by the department upon a showing by the applicant or
				petitioner that the particular rule or regulation that is the subject of the
				variance request should not be applied as written because strict application of
				the rule would cause undue hardship. The applicant or petitioner must also show
				that adequate standards affording protection for the health, safety and care of
				clients exist and will be met in lieu of the exact requirements of the rule or
				regulations in question.
(b)
				Waiver. The department may dispense entirely with the enforcement of a rule or
				regulation by granting a waiver upon a showing by the applicant or petitioner
				that the purpose of the rule or regulation is met through equivalent standards
				affording equivalent protection for the health, safety and care of
				clients.
(c) Experimental Variance
				or Waiver. The department may grant waivers and variances to allow
				experimentation and demonstration of new and innovative approaches to delivery
				of services upon a showing by the applicant or petitioner that the intended
				protections afforded by the rule or regulation which is the subject of the
				request are met and that the innovative approach has the potential to improve
				service delivery.
O.C.G.A. §§
										26-5-6,
				  31-2-7.
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 111-8-19 - RULES AND REGULATIONS FOR DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS › Rule 111-8-19-.29 - Severability

Current through Rules and Regulations filed through June 27, 2024
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
				  remaining rules or portions thereof. The remaining rules or portions thereof
				  shall remain in full force and effect, as if such rule or portions thereof so
				  determined, declared or adjudged invalid or unconstitutional were not
				  originally a part of these rules.
O.C.G.A. §
										26-5-6.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.01 - Purposes of This Chapter

Current through Rules and Regulations filed through June 27, 2024
These rules and regulations establish minimum standards for
				  the operation of end state renal disease facilities in order to ensure the
				  health, safety, and protection of the patients served, and establish procedures
				  and requirements for the licensing of such facilities.
O.C.G.A. §§
										31-2-4,
				  31-2-5,
				  31-2-7 and
				  31-44-3.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.03 - License Requirements and Exemptions

Current through Rules and Regulations filed through June 27, 2024
(1)
License Requirements.
Unless
				specifically exempted under
				111-8-22-.03(2),
				no person, business entity, association, partnership, or corporation shall
				operate an end stage renal disease facility in Georgia without having first
				obtained a license from the Department.
(a) A
				license issued by the Department is required prior to the initiation of
				dialysis or dialysis support services for patients.
(b) A facility is required to have a separate
				license for each physical address. Separate applications and licenses are
				required for facilities maintained separately, even if they are owned or
				operated by the same person(s), business, partnership, or corporation, and may
				be doing business under the same trade name.
(c) The license shall be effective for twelve
				(12) months following the date of issue; the temporary provisional license
				shall be effective for a maximum of six (6) months. If the facility applies for
				renewal as required by these regulations, the existing license shall remain in
				effect until the inspection for renewal is completed.
(d) The facility license is not transferable.
				A new license is required for any change in physical location, operational or
				trade name, or facility ownership. An application for a new license must be
				submitted at least 30 days prior to the change. The former license shall be
				considered revoked upon issuance of the new license, and shall be returned to
				the Department.
(e) The facility
				license shall be prominently displayed in a public area of the facility at all
				times of operation.
(f) If the
				facility anticipates that it will close or cease to operate, the governing body
				shall notify the Department and the patients at least thirty (30) days prior to
				the anticipated date of closure.
1. With the
				notification of intent to close, the facility shall submit a written plan for
				the orderly transfer of care of the facility's patients and their clinical
				records.
2. Upon closure, the
				facility shall return the existing license to the Department. The license shall
				be considered revoked, unless the facility has been placed on temporary
				inactive status as described in these rules.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.04 - Application for a License and License Renewal

Current through Rules and Regulations filed through June 27, 2024
(1) All applications for licenses shall be
				submitted on forms provided by the Department.
(2) No application shall be considered by the
				Department unless it is complete, and is accompanied by all required
				attachments and fee payments.
(3)
				The Department shall issue an annual license to an applicant if it is
				determined that the applicant and the facility meet the requirements of these
				rules.
(4)
Initial
				License.
(a)
Application for
				Initial License.
The application for the initial license shall be
				submitted to the Department not later than thirty (30) days prior to the
				anticipated date of the opening and initiation of operations by the facility,
				shall be signed by the executive officer of the facility's governing body, and
				shall be accompanied by:
1. The nonrefundable
				application fee;
2. The initial
				license fee as designated on the fee schedule;
3. A narrative description of the services to
				be offered at the facility, including the number of dialysis
				stations;
4. The name and contact
				information of the facility administrator as appointed by the facility's
				governing body;
5. Evidence that
				the facility has sufficient staff, qualified as required by these regulations,
				to meet the needs of patients, with a description of the organizational
				structure of the staffing; and
6.
				Proof of facility ownership:
(i) If ownership
				is a corporation, the application shall be accompanied by a copy of the
				Certificate of Existence (Good Standing) from the Office of the Secretary of
				State of Georgia.
(ii) If the
				facility is non-profit, the application shall be accompanied by legal proof of
				the organization and the names and addresses of all trustees.
(iii) If ownership is neither a corporation
				nor a non-profit organization, the name and address of each person with
				ownership in the facility shall be submitted with the application.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.05 - Facility Inspections

Current through Rules and Regulations filed through June 27, 2024
(1) The facility shall be available during
				all hours of operation for observation and examination of the facility and the
				entirety of its administrative and service operations, by representatives of
				the Department. If dialyzers are reused for dialysis at the facility, the
				reprocessing of the dialyzers shall be subject to inspection.
(2)
Initial Inspections.
(a) There shall be an initial inspection of a
				facility prior to the opening date in order to determine that the facility is
				in compliance with these rules. At the time of the initial inspection the
				facility shall be ready to operate in compliance with these rules, and shall
				have available for review:
1. A copy of the
				Certificate of Occupancy as required by law;
2. Written operational policies and
				procedures for all services described in the application, and for all support
				and monitoring functions as required by these rules;
3. Documentation of any agreements with
				hospitals or other service providers;
4. Evidence of satisfactory water culture
				results and water chemical analysis; and
5. Documentation of qualifications of
				staff.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.06 - Facility Organization and Administration

Current through Rules and Regulations filed through June 27, 2024
(1)
Governing Body
. The facility
				shall function under the control of an identifiable governing body, which has
				full legal authority for the governance and operation of the facility.
(a) The governing body shall specify in
				writing the operational objectives of the facility, including which services
				are to be offered.
(b) The
				governing body shall be responsible for the establishment, adoption, and annual
				review of administrative rules and regulations and facility policies and
				procedures, and for ensuring that they are in accordance with accepted
				standards of practice and safeguard the health and safety of
				patients.
(c) The governing body
				shall be responsible for ensuring that the facility's design and operation are
				in compliance with all relevant federal, state, and local legal
				requirements.
(d) The governing
				body shall adopt for the facility admission criteria that ensure equitable
				access to services for individuals needing care for end stage renal
				disease.
(e) The governing body
				shall designate sufficient staff and allocate sufficient staff time to
				implement the facility's quality management program and shall provide for
				leadership support of the program.
(f) The governing body shall establish and
				implement written policies regarding the determination, selection, or
				privileging of medical staff for the facility.
(g) The governing body shall appoint a
				facility administrator to be responsible for the administrative management of
				the facility and the enforcement of adopted rules and regulations.
1. The governing body shall delineate the
				responsibilities of the facility administrator in writing and shall ensure that
				the administrator is sufficiently free of other duties to provide effective
				management of the facility.
2. The
				governing body of the facility shall notify the Department of a change in the
				administrator of the facility and shall at that time provide the name and
				contact numbers of the new administrator.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.07 - Facility Communication Responsibilities

Current through Rules and Regulations filed through June 27, 2024
(1) The facility shall develop, adopt,
				implement, and enforce policies and procedures to ensure that each patient is:
(a) Provided communication of information in
				a manner effective for the patient, which may include the services of an
				interpreter or written form, as appropriate;
(b) Fully advised of their medical condition
				in terms that they understand, or, if they are unable to understand, their
				representative is so advised;
(c)
				Informed of all treatment modalities and settings for the treatment of end
				stage renal disease, and of the criteria for suitability for each treatment
				modality and setting;
(d) Informed
				about, and given the opportunity to participate in, all decisions about care,
				including the right to refuse treatment and the medical consequences of
				refusal;
(e) Informed about all
				services provided by the facility, the qualifications and training of staff
				providing services, and the charges for services provided;
(f) Informed of the facility's reprocessing
				of dialyzers or bloodlines, if supplies are reused;
(g) Transferred or discharged only for
				medical reasons, for the welfare of the patient, other patients, or staff, or
				for on payment of fees, and given at least thirty (30) days advance notice of
				the transfer or discharge unless such delay presents significant risk to the
				patient or others, and that there is documentation of efforts to resolve issues
				leading to discharge when the discharge is against the patient's
				wishes;
(h) Provided information
				about, and allowed to formulate, advance directives and have them honored in
				accordance with current statutes; and
(i) Informed of the facility's internal
				mechanisms for receiving and responding to complaints from patients and others
				regarding services, and the mechanisms for filing a grievance or complaint
				against the facility through the licensing agency, without fear of denial of
				services or retaliation by the facility.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.08 - Continuous Quality Improvement

Current through Rules and Regulations filed through June 27, 2024
(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, and
				comprehensive review of the patient care provided, both in-facility and through
				the home dialysis program, if provided.
(2) All facility staff shall be involved in
				the continuous quality improvement program.
(3) Policies and procedures for the
				continuous quality improvement program shall include the use of a defined
				methodology for implementation. The methodology selected must include
				components for measuring the facility's performance, identifying opportunities
				for improvement through the use of such quality improvement tools as root cause
				analyses, setting priorities, and identifying expected outcomes. Reporting
				mechanisms shall be established, including at least a quarterly review of the
				continuous quality improvement activities.
(4) The continuous quality improvement
				program shall continuously monitor at a minimum:
(a) Morbidity and mortality;
(b) Hemodialyzer reuse, if
				applicable;
(c) Water
				quality;
(d) Preventable
				maintenance of facility equipment;
(e) Clinical outcomes, including but not
				limited to adequacy of dialysis and anemia management;
(f) Critical incidents;
(g) Patient complaints;
(h) Infection control; and
(i) Vascular access preservation and
				complications.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.09 - Medical Staff and Medical Services

Current through Rules and Regulations filed through June 27, 2024
(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 July 1, 2002 may direct a dialysis facility in a medically- underserved
				area for a maximum of two years provided that the physician obtains board
				certification as a nephrologist by the end of the two-year period. Any
				physician functioning as a facility medical director at the implementation date
				of these rules shall be board-eligible or board-certified in nephrology,
				internal medicine, or pediatrics, and shall have at least one year experience
				in the care of patients at an end stage renal disease facility.
(a) The medical director shall participate in
				the development of all patient care policies at the facility.
(b) The facility shall have mechanisms in
				place for communication of essential patient care issues and information to the
				medical director.
(c) The medical
				director shall be responsible for the daily clinical operations of the
				facility, and for the execution of patient care policies and
				procedures.
(d) The medical
				director shall be permitted to provide direct patient care services at the
				facility, in addition to the duties as the medical director.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.10 - Staff Qualifications, Training, and Supervision and Staff Records

Current through Rules and Regulations filed through June 27, 2024
(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 infection control procedures and use of universal
				precautions;
3. The facility's
				emergency procedures and disaster preparedness plans;
4. The facility's continuous quality
				improvement program; and
5.
				Documentation and records requirements.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.11 - Patient Care Services

Current through Rules and Regulations filed through June 27, 2024
(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 patient care by licensed practical nurses and
				unlicensed personnel.
(c) A
				licensed registered nurse shall be present in the treatment area when patient
				treatments are in progress.
(d) The
				facility shall ensure the following patient care activities are assigned to and
				performed by appropriately licensed nurses:
1.
				Conducting nursing assessments on admission and when indicated by an observed
				or reported change in the patients' health status;
2. Provision of nursing input for the team
				review of a patient's progress;
3.
				Recommending to the team changes in treatment suggested by the patient's
				needs;
4. Administration of
				medications, including the introduction of intravenous saline;
5. Initiation and discontinuation of
				hemodialysis via a central catheter, and manipulation of a central catheter or
				change of dressing for a central catheter;
6. Administration of blood or blood
				products;
7. The facilitation of
				communication between the patient, the patient's family, and other members of
				the treatment team; and
8.
				Provision of oversight and supervision for dialysis technician trainees,
				dialysis technicians, and other unlicensed personnel involved in patient care
				activities, including the recording of treatment observations and interventions
				in progress notes, as qualified for such oversight and supervision by the rules
				contained in this chapter.
(e) Dialysis treatments for pediatric
				patients under fourteen years of age or under 35 kilograms in weight shall be
				performed by a licensed registered nurse with experience in pediatric dialysis.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.12 - Patient Care Plans

Current through Rules and Regulations filed through June 27, 2024
(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(s) or
				other(s) designated as a representative of the patient who wishes to
				participate and is invited by the patient to participate;
(b) Either the patient's attending physician
				or the medical director of the end stage renal disease facility;
(c) A qualified registered nurse, who is
				responsible for nursing services at the facility;
(d) A licensed social worker;
(e) A licensed dietitian; and
(f) A transplant surgeon or
				surgeon-designee.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.15 - Environment of Care

Current through Rules and Regulations filed through June 27, 2024
(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) An incident reporting and monitoring
				system that promptly identifies, investigates, and takes corrective action
				regarding all incidents that involve injury to patients or visitors, that
				involve damage to property, or which have the potential to cause such injury or
				damage if not corrected;
(c)
				Policies and procedures to prohibit and prevent verbal or physical abuse or
				neglect of patients while they are receiving services from the
				facility;
(d) A program which
				requires and documents the inspection, monitoring, and maintenance of
				biomedical equipment, electrical equipment, and any emergency power
				systems;
(e) An environment free of
				physical hazards such as broken or torn furniture, loose floors or wet
				flooring, or holes in walls, windows, or ceilings;
(f) Procedures, supplies, and equipment for
				the management of biomedical waste and the disposal of sharps in accordance
				with current accepted standards of practice;
(g) Adequate supplies of protective equipment
				for staff involved with patient care; and
(h) A working telephone on the premises
				accessible to the patients.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.16 - Infection Control

Current through Rules and Regulations filed through June 27, 2024
(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 infections at the facility, including but not limited to:
(a) Operational procedures for the prevention
				of the spread of infectious diseases, including identification of job
				classifications or work areas or tasks requiring the use of protective barriers
				and other universal precautions as recommended by the Centers for Disease
				Control;
(b) Procedures for
				facility-wide surveillance and reporting of infections, to include mechanisms
				for tracking infection rates and suspected pyrogenic reactions;
(c) Procedures for the safe handling of waste
				and contaminants, including the safe disposal of sharps;
(d) Specific procedures for the sterilization
				and disinfection of equipment, including dialysis machines;
(e) Procedures for maintaining a safe and
				clean physical environment;
(f)
				Procedures for the prevention of contamination by blood and other body fluids
				of facility areas outside the dialysis and dialyzer reprocessing
				areas;
(g) Procedures for
				prevention of cross-contamination in storage and treatment areas and in the
				dialyzer reprocessing area, if applicable;
(h) Procedures for providing dialysis for
				patients testing positive for hepatitis B surface antigen or other bloodborne
				infectious diseases as outlined by the CDC in its current guidelines for
				infection control in dialysis centers, including reservation or special
				disinfection of dialysis equipment;
(i) Procedures for providing dialysis for
				patients with active pulmonary tuberculosis or other active airborne infectious
				disease;
(j) Procedures for the
				protection of patient clothing, blankets, or other personal articles during the
				time when blood lines are opened or needles inserted or withdrawn;
				and
(k) Procedures for the
				investigation of infections.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.17 - Emergency and Disaster Preparedness

Current through Rules and Regulations filed through June 27, 2024
(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 likely to threaten the health and safety of patients or
				staff.
(2) The facility shall
				provide training for staff and patients in where to go, what to do, and whom to
				contact if a medical or non-medical emergency occurs. Patient training in the
				handling of emergencies shall be documented in the patient's medical record and
				review with the patient at least annually.
(3) The facility plan shall include method of
				access to community emergency services. Contact numbers for emergency needs,
				shall be conspicuously posted near a telephone readily available to the
				clinical treatment area.
(4) The
				facility shall have and maintain appropriate equipment and supplies, in
				ready-to-operate condition, for managing medical emergencies, in a location
				accessible by all healthcare personnel. By October 1, 2002, all licensed
				facilities shall have an automatic external defibrillator. Emergency trays or
				carts shall include at least:
(a) Emergency
				drugs and supplies for administering treatment;
(b) Oxygen or compressed air for respiratory
				support;
(c) Equipment for
				mechanical assistance with ventilation; and
(d) Oral airway access-devices and suctioning
				equipment.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.18 - Requests for Waiver or Variance

Current through Rules and Regulations filed through June 27, 2024
(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 conditions, which
				must be met by the facility in order to operate under the waiver or variance.
				Waivers or variances may be granted with consideration of the following:
(a)
Variance.
A variance may be
				granted by the Department upon a showing by the applicant that the particular
				rule or regulation that is the subject of the variance request should not be
				applied as written because strict application would cause undue hardship. The
				applicant must also show that adequate standards exist for affording protection
				for the health, safety, and care of patients, and these existing standards
				would be met in lieu of the exact requirements of the rule or
				regulation.
(b)
Waiver.
The Department may dispense altogether with the
				enforcement of a rule or regulation by granting a waiver, upon a showing by the
				applicant that the purpose of the rule or regulation is met through equivalent
				standards affording equivalent protection for the health, safety, and care of
				the patients.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.19 - Enforcement of Rules and Regulations

Current through Rules and Regulations filed through June 27, 2024
(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 Regulations
				for General Licensing and Enforcement Requirements, Chapter 111-8-25, pursuant
				to O.C.G.A. §
									31-2-8, and/or by appointment of a
				temporary manager as described in these rules.
(3)
Voluntary Appointment of a
				Temporary Manager.
A person holding a controlling interest in an end
				stage renal disease facility may, at any time, request the Department to assume
				the management of the facility through the appointment of a temporary manager.
(a) If the Department considers the
				appointment appropriate for the protection of the health and safety of
				patients, the Department may enter into an agreement providing for the
				appointment of the temporary manager to manage the facility under conditions
				agreed upon by both parties.
1. The agreement
				shall specify all terms and conditions of the temporary manager's appointment
				and authority.
2. The agreement
				shall preserve all rights granted by law to patients of the facility.
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 111-8-22 - END STAGE RENAL DISEASE FACILITIES › Rule 111-8-22-.20 - Severability of These Rules

Current through Rules and Regulations filed through June 27, 2024
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 the
				  remaining rules or portions thereof. The remaining rule or portions of rules
				  shall remain in full force and effect, as if such rule or portions thereof so
				  determined, declared, or adjudged invalid or unconstitutional were not
				  originally a part of these rules.
O.C.G.A. §§
										31-2-4,
				  31-2-7 and
				  31-44-1
et
				  seq.
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 111-8-25 - GENERAL LICENSING AND ENFORCEMENT REQUIREMENTS › Rule 111-8-25-.01 - Legal Authority, Title and Purpose

Current through Rules and Regulations filed through June 27, 2024
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 licensing
				  requirements by certain applicants or licensees operating facilities subject to
				  regulation by the department as set forth under Chapters 7, 13, 22, 23 and 44
				  of Title 31, Chapter 5 of Title 26, paragraph (8) of subsection (d) of Code
				  §
									31-2-4 and Article 7 of Chapter 5
				  of Title 49; to provide for licensing, payment of licensing activities fees,
				  inspections, investigations and examinations of such facilities; compliance
				  with plans of correction; and to provide that certain facilities give notice of
				  violations giving rise to the receipt of notice of the imposition of any
				  sanction under federal or state laws or regulations. These rules are adopted
				  and published pursuant to the Official Code of Georgia Annotated (O.C.G.A.)
				  §§
									31-2-4,
				  31-2-9,
				  31-2-11 and
				  31-7-2.2.
O.C.G.A. Secs.
				  31-2-4,
				  31-2-9,
				  31-2-11,
				  31-7-2.2.
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 111-8-25 - GENERAL LICENSING AND ENFORCEMENT REQUIREMENTS › Rule 111-8-25-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(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.
(3) "Commissioner"
				means the Commissioner of the Department of Community Health.
(4) "Department" means the Department of
				Community Health, its agents and employees.
(5) "Document" means any book, record, paper,
				or other information related to initial and continued licensing.
(6) "Facility" means any agency, institution,
				entity or person subject to regulation by the department under Chapters 7, 13,
				22, 23, 44 of Title 31, paragraph (8) of subsection (d) of Code §
									31-2-4, Chapter 5 of Title 26, and
				Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia
				Annotated.
(7) "Final Adverse
				Finding" means
(a) the issuance of a ruling by
				the Commissioner on any appeal from a decision of a hearing officer or hearing
				examiner pursuant to a contested case involving the imposition of a
				sanction;
(b) when a decision of
				the hearing officers or hearing examiner becomes final by operation of law
				because no appeal is made to the Commissioner;
(c) where the parties to a contested case
				dispose of the case by settlement; or
(d) where a facility does not contest within
				the allotted time period a sanction imposed by the department.
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 111-8-25 - GENERAL LICENSING AND ENFORCEMENT REQUIREMENTS › Rule 111-8-25-.04 - Enforcement

Current through Rules and Regulations filed through June 27, 2024
The department shall have the authority to impose any one or
				  more of the sanctions enumerated in paragraphs (1), (2) and (3) of Rule
				  111-8-25-.05 upon a finding that an
				  applicant or licensee has:
(a)
				Knowingly made any verbal or written false statement of material fact either in
				connection with the application for a license; or on documents submitted to the
				department as part of any inspection or investigation; or in the falsification
				or alteration of facility records made or maintained by the facility;
(b) Failed or refused, without legal cause,
				to provide the department with access to the premises subject to regulation or
				information pertinent to the initial and continued licensing of the
				facility.
(c) Failed to comply with
				the licensing requirements of this state; or
(d) Failed to comply with the provisions of
				O.C.G.A. §
									31-2-11 or with the provisions of
				these rules.
O.C.G.A. Sec.
				  31-2-11.
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 111-8-25 - GENERAL LICENSING AND ENFORCEMENT REQUIREMENTS › Rule 111-8-25-.05 - Sanctions

Current through Rules and Regulations filed through June 27, 2024
(1)
Sanctions against Licensees.
When the department finds that any licensee has violated any provision of Rule
				111-8-25-.04, 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)
Administer a Public
				Reprimand.
If the sanction of public reprimand is finally imposed, as
				defined by a final adverse finding, the public reprimand shall consist of a
				notice prepared by the department that the facility has been reprimanded; such
				notice shall include a written report of the department's findings along with
				the facility's response and corrective action plan.
1.
Location of Notice.
The
				facility shall post the public reprimand in places readily accessible and
				continuously visible to persons in care and their representatives.
				Additionally, if the facility maintains a website, it shall post a web link in
				a prominent location on the main page of the website that provides access to a
				copy of the public reprimand.
2.
Timing of Notice.
The facility shall post the public reprimand on
				the day the public reprimand is received by the facility and such reprimand
				shall remain posted for a period of ninety (90) days.
3.
Notice for Service Inquiries.
During any period that the reprimand is required to be posted, the facility
				shall advise persons seeking services and representatives of persons seeking
				services of the reprimand. In response to a notice by the department of the
				imposition of a public reprimand, a facility may request that the department
				not require the facility to advise persons seeking services and representatives
				of persons seeking services of the reprimand if such requirement would
				compromise its ability to provide services and is not feasible given the
				facility's range of services and the ways its services are provided. Such
				request must be made within ten (10) calendar days from receipt of the notice
				from the department. The department upon such a convincing showing, as well as
				a showing that the correction of the violation has been achieved and will be
				sustained by the facility, may elect not to enforce this requirement. If the
				department elects to enforce the requirement and the facility appeals the
				imposition of the sanction, the issue of this requirement may become an issue
				for consideration by the hearing examiner at any hearing held on the sanction,
				unless waived by the facility.