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-.27 - Enforcement and Penalties

Current through Rules and Regulations filed through June 27, 2024
(1) When the department finds that any
				applicant for any license fails to fulfill the requirements of these rules, the
				department may, subject to notice and opportunity for a hearing, refuse to
				grant any license (denial); provided, however, that the department shall not be
				required to hold a hearing prior to taking such action.
(2) When the department finds that any
				licensed program violates any requirements of this chapter, the department may,
				subject to notice and opportunity for a hearing, suspend or revoke any license.
(a) The department may suspend any license
				for a definite period calculated by it as the period necessary for the facility
				to implement long-term corrective measures and for the facility to be deterred
				from lapsing into noncompliance in the future. As an alternative to suspending
				a license for a definite period, the department may suspend the license for an
				indefinite period in connection with the imposition of any condition or
				conditions reasonably calculated to elicit long-term compliance with licensing
				requirements which the program must meet and demonstrate before it may regain
				its license.
(b) The department may
				revoke any license, subject to notice and opportunity for hearing, when it
				determines that the facility is non-compliant with rules and regulations or
				sanctions previously imposed. If the sanction of license revocation is finally
				imposed, as defined by a final adverse finding, the department shall effectuate
				it by requiring the program to return its license to the department.
1. Notification of Action: The program shall
				notify clients and clients' representatives and family units of the
				department's actions to revoke the license or seek an emergency suspension of
				the program's license to operate.
2. The official notice of the revocation or
				emergency suspension action and any final resolution, together with the
				department's complaint intake phone number and website address, shall be
				provided to current and prospective clients and to their representatives and
				family units.
3. The program shall
				ensure the posting of the official notice at the program location in an area
				that is visible to the clients and to the clients' family units and
				representatives.
4. The program
				shall ensure that the official notice continues to be visible to the clients
				and to the clients' representatives and family units throughout the pendency of
				the revocation and emergency suspension actions, including any
				appeals.
5. The program shall have
				posted at the program location in an area that is readily visible to the
				clients and to the clients' representatives and family units any inspection
				reports that are prepared by the department during the pendency of any
				revocation or emergency suspension action.
6. It shall be a violation of these rules for
				the program to permit the removal or obliteration of any posted notices of
				revocation, emergency suspension action, resolution, or inspection survey
				during the pendency of any revocation or emergency suspension action.
7. The department may post an official notice
				of the revocation or emergency suspension action on its website or share the
				notice of the revocation or emergency suspension action and any information
				pertaining thereto with any other agencies that may have an interest in the
				welfare of the patients in care at the program.
8. If the sanction of license suspension is
				finally imposed, as defined by a final adverse findings, the department shall
				effectuate it by requiring the program to return its license to the department.
				Upon the expiration of any period of suspension, and upon a showing by the
				program that it has achieved compliance with licensing requirements, the
				department shall reissue the program a license. Where the license was suspended
				for an indefinite period in connection with conditions for the reissuance of a
				license, once the program can show that any and all conditions imposed by the
				department have been met, the department shall reissue the program a
				license.