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 111-8-65 - RULES AND REGULATIONS FOR PRIVATE HOME CARE PROVIDERS › Rule 111-8-65-.05 - Licenses

Current through Rules and Regulations filed through June 27, 2024
(1) No private home
				care provider shall operate without a license or provisional license issued by
				the department.
(a) A license shall be issued
				and renewed periodically by the department upon a providers' compliance with
				these rules and shall remain in force and effect until the license expires or
				is suspended, revoked or limited.
(b) Prior to the issuance of any new license,
				the owner of the business or agency applying for the license shall be required
				to submit a records check application so as to permit the department to obtain
				a criminal history background check.
1. An
				owner may not be required to submit a records check application if a
				determination is made by the Department that the owner does not do any of the
				following:
(i) Maintains an office at the
				location where services are provided to clients;
(ii) Resides at a location where services are
				provided to clients;
(iii) Has
				direct access to persons receiving care; nor
(iv) Provides direct personal supervision of
				personnel by being immediately available to provide assistance and direction
				during the time services are being provided.
2. In lieu of a records check application,
				the owner may submit evidence, satisfactory to the department, that within the
				immediately preceding 12 months the owner has received a satisfactory criminal
				records check determination.
(c) A private home care provider license
				shall not be issued, and any issued license shall be revoked, where it has been
				determined that the owner has received an unsatisfactory criminal records check
				determination involving any of the following covered crimes, as outlined in
				O.C.G.A. 49-2-14.1
et seq.
:
1. A violation of Code Section
				16-5-1, relating to murder and
				felony murder;
2. A violation of
				Code Section
				16-5-21, relating to aggravated
				assault;
3. A violation of Code
				Section 16-5-70, relating to aggravated
				battery;
4. A violation of Code
				Section 16-5-70 relating to cruelty to
				children;
5. A violation of Code
				Section 16-5-100, relating to cruelty to a
				person 65 year of age or older;
6.
				A violation of Code Section
				16-6-1, relating to
				rape;
7. A violation of Code
				Section 16-6-2, relating to aggravated
				sodomy;
8. A violation of Code
				Section 16-6-4, relating to child
				molestation;
9. A violation of Code
				Section 16-6-5, relating to enticing a
				child for indecent purposes;
10. A
				violation of Code Section
				16-6-5.1, relating to sexual
				assault against persons in custody, detained persons, or patients in hospitals
				or other institutions;
11. A
				violation of Code Section
				16-6-22.2, relating to aggravated
				sexual battery;
12. A violation of
				Code Section
				16-8-41, relating to armed
				robbery;
13. A violation of Code
				Section 30-5-8, relating to abuse,
				neglect, or exploitation of a disabled adult or elder person; or
14. Any other offense committed in another
				jurisdiction that, if committed in this state, would be deemed to be a crime
				listed in this paragraph without regard to its designation elsewhere;
(d) An owner holding a valid
				private home care provider license issued on or before June 30, 2007 shall be
				required to obtain a fingerprint records check determination no later than
				December 31, 2008.
1. An owner holding a
				valid private home care provider license issued on or before June 30, 2007 who
				has received an unsatisfactory criminal records determination which includes
				any one of the covered crimes listed in Rule .05(c)(1)-(14) above, shall not
				have the license revoked prior to a hearing being held before a hearing officer
				pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedures
				Act'.
2. An owner with a valid
				private home care provider license who acquires a criminal record for any of
				the crimes listed in Rule .14(7)(c)(1)-(14) above subsequent to the effective
				date of these rules shall disclose the criminal record to the
				department.
(e) If at
				any time the department has reason to believe an owner holding a valid license
				has been arrested, charged, or convicted of any of the covered crimes listed in
				Rule .14(7)(c)(1)-(14) above, the department shall require the owner to submit
				a records check application immediately for determination of whether a
				revocation action is necessary.
(f)
				A provisional license may be issued by the department on a conditional basis
				for one of the following reasons:
1. To allow
				a newly established provider a reasonable, but limited, time to demonstrate
				that its operational procedures comply with these rules; or
2. To allow an existing provider a reasonable
				length of time to comply with these rules and regulations, provided that the
				provider shall present a plan of improvement acceptable to the
				department.