Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-5 - PATIENT'S RIGHT › Subject 82-5-1 - PATIENT'S RIGHT › Rule 82-5-1-.03 - Treatment

Current through Rules and Regulations filed through June 27, 2024
(1)
Appropriateness.
(a) General. Each individual shall receive care and treatment that is suited to the individual's needs in the least restrictive environment available offering appropriate care and treatment.
(b) Individual Service Plans.
1. The examination of individuals shall be governed as follows:
(i) For individuals being treated pursuant to O.C.G.A. Chapters 37-7 and 37-3, each individual shall be assessed by the staff as soon as possible after admission, but within the time limits contained within O.C.G.A. Chapters 37-7 and 37-3, or 48 hours, whichever comes first;
(ii) Admissions to facilities may no longer take place under O.C.G.A. Chapter 37-4.
2. The development of an individualized service plan shall be governed as follows:
(i) For persons being treated in a hospital pursuant to O.C.G.A. Chapters 37-7 and 37-3, staff shall develop an individualized service plan for each individual as soon after the initial assessment as practicable, but within the time limits contained within O.C.G.A. Chapters 37-7 and 37-3 or 10 days, whichever comes first;
(ii) Admissions to facilities may no longer take place under O.C.G.A. Chapter 37-4.
3. Each individualized service plan shall be reviewed at regular intervals to determine the individual's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the individual's present condition. These reviews should be based upon relevant progress notes in the individual's clinical record and upon other related information. Information from the individual and other sources, including family members, should be obtained and utilized where feasible. Reviews should be conducted as required by applicable standards such as those required by Medicare, Medicaid, and the Joint Commission.
(c) Physical Restraints, and Seclusion.
1. Seclusion may not be used with individuals who are served by a DBHDD ICF/IID facility. Use of physical restraints in a DBHDD ICF/IID must comply with the requirements of the State Operations Manual of the Centers for Medicare and Medicaid Services, Appendix J; relevant federal regulations; and O.C.G.A. §
											37-4-124.
2. Other use of seclusion or restraint under these regulations shall only be accomplished in a manner that complies with the requirements of the State Operations Manual of the Centers for Medicare and Medicaid Services, Appendix A; relevant federal regulations; O.C.G.A. §
											37-3-165; and O.C.G.A. §
											37-7-165.
3. "Time-out" means a situation in which an individual is placed in a room from which egress is prevented. This definition applies only for an individual admitted pursuant to Chapter 37-4. A time-out is permitted only if all of the following conditions are met:
(i) the placement is a part of an approved systematic time-out (emergency placement of an individual into a time-out room is not allowed under these regulations); and
(ii) the individual is under the direct, constant visual supervision of designated staff; and
(iii) the door to the room is held shut by staff, or by a mechanism requiring constant physical pressure from a staff member to keep the mechanism engaged.
4. The Department shall establish and maintain policies that set forth the manner in which Department staff will comply with these requirements.