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-.05 - Licenses

Current through Rules and Regulations filed through June 27, 2024
No governing body shall operate a drug abuse treatment and
				  education program in the state without first obtaining a license or provisional
				  license. A licensed program may offer one or more of the program services
				  described in these rules.
(a) License.
				A license will be issued, upon presentation of evidence satisfactory to the
				department, that the program is in compliance with these rules and all
				applicable federal and state laws for the handling and dispensing of drugs, and
				all state and local health, safety, (including fire, sanitation, building) and
				zoning requirements. A license shall remain in force and effect for a period
				determined by the department unless sooner suspended or revoked by the
				department. Such license shall describe each type of service and program that
				the licensee is authorized to provide. Any changes in authorized services and
				programs shall be reported to the department. The department will determine
				whether a new license is required.
(b) Provisional license. A provisional
				license may be issued for a period not to exceed 90 days to a program that has
				substantially complied with all requirements for a regular license. Provisional
				licenses shall be renewed at the discretion of the department only in cases of
				extreme hardship and in no case for longer than 90 days. The obligations and
				conditions of a provisional license shall be the same as those of a license
				unless otherwise provided for by the department. Such provisional license shall
				describe each type of service and program that the licensee is authorized to
				provide. Any changes in authorized services and programs shall be reported to
				the department. The department will determine whether a new license is
				required.
(c) Qualifications
				Requirement. In order to obtain or retain a license or provisional license, the
				administrator of the program and its employees must be qualified, as defined in
				these rules, to administer or work in a program. However, the department may
				require additional reasonable verification of the qualifications of the
				administrator and employees either at the time of application for a license or
				provisional license or at any time during the license period whenever the
				department has reason to believe that an administrator or employee is not
				qualified under these rules to administer or work in a program.
(d) License is nontransferable. A license or
				provisional license to operate a program is nontransferable for a change of
				location or governing body. Each license or provisional license shall be
				returned to the department in the following cases: changes in location,
				governing body, program closure or the license is suspended or
				revoked.
(e) Exclusions. The
				following types of entities are not subject to these specific rules:
1. Narcotic Treatment Programs which are
				licensed/monitored by the State Methadone Authority;
2. Licensed hospitals not operating separate
				and distinct drug abuse treatment programs as classified by the
				department;
3. Approved Emergency
				Receiving, Evaluation and/or Treatment (ERET) facilities which have been
				licensed or approved by the department and are not operating drug abuse
				treatment programs as classified by the department;
4. Licensed individual professionals
				operating in compliance with their state practice acts but do not offer or
				purport to offer "Drug Abuse Treatment and Education Programs.
5. Organizations or persons that provide
				supportive services (i.e. residence, transportation, and etc.) to drug
				dependent persons but do not offer or purport to offer "Drug Abuse Treatment
				and Educational Programs." Support services under the direct control of
				licensed programs must be a part of the licensed program.