reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-3 › Subject 82-3-1 - ADULT CRISIS STABILIZATION UNITS › Rule 82-3-1-.27 - 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 Rules  82-3-1.28  and  82-3-1.29  upon a finding that an applicant or licensee has:
1. Knowingly made any verbal or written false statement of material fact either in connection with the application for a license, 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;
2. 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;
3. Failed to comply with any licensing requirements of this state; or
4. Failed to comply with the provisions of state law or with any provisions of these rules.
O.C.G.A. Secs. 37-1-20, 37-1-29.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-3 › Subject 82-3-1 - ADULT CRISIS STABILIZATION UNITS › Rule 82-3-1-.28 - Sanctions and Penalties

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 these rules and regulations, the Department, subject to notice and opportunity for a hearing, may impose any one or more of the sanctions in subparagraphs (a) through (e) 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 CSU has been reprimanded; such notice shall include a written report of the Department's findings along with the CSU's response and corrective action plan;
b. Suspend any License. The Department may suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license;
c. Prohibit Persons in Management or Control. The Department may prohibit a licensee from allowing a person who previously was involved in the management or control of any CSU which has had its license revoked or application denied within the past twelve (12) months to be involved in the management or control of such CSU. Any such person found by the Department to have acted diligently and in good faith to ensure correction of violations in a CSU which has had its license revoked or denied; however, shall not be subject to this prohibition if that person became involved in the management or control of the CSU after the CSU was notified by the Department of violations of licensing requirements giving rise to a revocation or denial action. This subparagraph shall not be construed to require the Department to obtain any information that is not readily available to it regarding any person's involvement with a CSU. For the purpose of this Rule, the twelve- month period will begin to run from the date of any final adverse finding or the date that any stay of enforcement ceased, whichever occurs first;
d. Revoke any License. The Department may revoke any license. If the sanction of license revocation is finally imposed, as defined by a final adverse finding, the Department shall effectuate it by requiring the CSU to return its license to the Department;
e. Limit or Restrict any License. The Department may limit or restrict any license as the Department deems necessary for the protection of the public (a provisional or temporary time-limited license granted by the Department shall not be considered to be a limited or restricted license).
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-3 › Subject 82-3-1 - ADULT CRISIS STABILIZATION UNITS › Rule 82-3-1-.29 - Extraordinary Sanctions Where Imminent and Substantial Danger

Current through Rules and Regulations filed through June 27, 2024
Where the commissioner of the Department determines that individuals in the care of CSU and any associated CSC and/or Temp Obs subject to licensure are subject to an imminent and substantial danger, the commissioner may order any of the extraordinary sanctions listed in any part of this rule to take effect immediately unless otherwise specified in the order, without notice and opportunity for hearing prior to the order taking effect:
1. Content of the Order. The order shall contain the following:
a. The scope of the order;
b. Reasons for the issuance of the order;
c. Effective date of the order if other than the date the order is issued;
d. Person to whom questions concerning the order are to be addressed; and
e. Notice of the right to obtain a preliminary hearing and an administrative hearing after the issuance of the order regarding the emergency order as a contested case.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-3 › Subject 82-3-1 - ADULT CRISIS STABILIZATION UNITS › Rule 82-3-1-.30 - 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:
1. 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 individuals exist and will be met in lieu of the exact requirements of the rule or regulations in question;
2. 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 individuals;
3. 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. Sec. 37-1-29.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-3 › Subject 82-3-1 - ADULT CRISIS STABILIZATION UNITS › Rule 82-3-1-.31 - Severability

Current through Rules and Regulations filed through June 27, 2024
In the event that a 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. Sec. 37-1-29.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-3 › Subject 82-3-1 - ADULT CRISIS STABILIZATION UNITS › Rule 82-3-1-.32 - Additional Crisis Service Center (CSC) and Temporary Observation (Temp Obs) Requirements

Current through Rules and Regulations filed through June 27, 2024
A CSU under contract to operate a CSC and/or Temp Obs is expected to comply with the following in the administration of those functions:
1. Program Description. A CSU under contract to operate a CSC and/or Temp Obs shall have a description of services which shall clearly states that the distinct, yet interrelated roles of the CSU, CSC and/or Temp/Obs as a program is designed as an alternative and/or diversion to hospitalization.
2. Evaluation and Admission. The CSU under contract to operate a CSC and/or Temp Obs must follow admissions and exclusion criteria as defined in the DBHDD Provider Manual for Community Behavioral Health Provider.
3. Provision of Individualized Care. A licensed staff shall, at a minimum:
a. Conduct an assessment of the individual;
b. Document the rationale for proposed interventions, as applicable;
c. Assess the individual's response to care and services provided; and
d. Assess status of the individual to determine continuity of care or referral to community services.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-3 › Subject 82-3-1 - ADULT CRISIS STABILIZATION UNITS › Rule 82-3-1-.33 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec. 37-1-29.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.01 - Legal Authority

Current through Rules and Regulations filed through June 27, 2024
These regulations have been promulgated to ensure that basic statutory licensing requirements to operate Child and Adolescent Crisis Stabilization Units (C & A CSUs) are met and to ensure that organizations providing this service promote the empowerment and resiliency of the individuals they serve. These rules are adopted and published pursuant to the Official Code of Georgia Annotated (O.C.G.A) Sec. 37-1-29. These rules and regulations supersede any and all prior operational standards related to the designation or certification of Crisis Stabilization Units.
O.C.G.A. Sec. 37-1-29.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.02 - Title and Purpose

Current through Rules and Regulations filed through June 27, 2024
1.The purpose of these rules is to establish general licensing procedures, operational requirements and enforcement procedures required by the Department of Behavioral Health and Developmental Disabilities (DBHDD) for the C & A CSU. The issuance of a C & A CSU operating license requires compliance with these rules and regulations and authorizes the licensee to establish services to meet the needs of the individuals in a safe, therapeutic environment. The issuance of such license also sets forth the minimum requirements for providing medically monitored short-term residential services for the purpose of providing psychiatric stabilization for individuals who are seriously emotionally disturbed and/or detoxification services for individuals. The C & A CSU shall be designated as an emergency receiving and evaluating facility.
2.Compliance with this Chapter does not constitute release from the requirements of other applicable federal, state, or local laws, codes, rules, regulations and ordinances. This Chapter must be followed where it exceeds other codes and ordinances.
3.Licensure of the C & A CSU does not constitute an entitlement to any type or level of funding by DBHDD.
O.C.G.A. Secs. 37-1-29, 37-3-1
et seq
, 37-7-1
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.04 - General Licensing Requirements

Current through Rules and Regulations filed through June 27, 2024
1.A license is required to operate a C & A CSU.
a.No person, corporation or other entity shall offer or provide crisis stabilization services as defined in these rules unless designated as an emergency receiving and evaluating facility and licensed by the Department as a C & A CSU;
b.An applicant shall obtain a license prior to admitting individuals;
c.No license shall be issued by the Department unless the C & A CSU is in compliance with these rules.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.05 - Application Requirements

Current through Rules and Regulations filed through June 27, 2024
1.An application for a license to provide C & A CSU services shall be submitted on forms made available by the Department in a format acceptable to the Department. No application shall be acted upon by the Department until the application is determined complete by the Department with all required attachments submitted.
2.The applicant shall submit the following documents to the Department no later than ninety (90) calendar days prior to the projected opening date of the C & A CSU:
a.An accurate and complete application form;
b.A working budget showing projected revenue and expenses for the first year of operation, including revenue plan;
c.Documentation of working capital:
i.Funds or a line of credit sufficient to cover at least ninety (90) days of operating expenses if the applicant is a corporation, unincorporated organization or association, a sole proprietor or a partnership;
ii.Appropriate revenue if the applicant is a state or local governmental agency, board or commission.
d.Documentation of authority to conduct business in the State of Georgia;
e.A twenty-four hour staffing plan which includes nurses and physicians;
f.A floor plan with dimensions and with space and room function designations;
g.Number of proposed beds;
h.Photocopies of operating agreements with healthcare providers to provide care that is beyond the scope of the C & A CSU;
i.A program description signed by the medical director that includes consistent with these rules and Department policy, admission and discharge criteria and procedures, including reasons for denial of admission, for both voluntary and involuntary individuals who do not meet C & A CSU admission criteria;
j.Proposed daily schedule of treatment and education options throughout twelve (12) waking hours each day, to include treatment and educational opportunities responsive to the mental health, physical health and addictive disorder issues represented by individuals in service;
k.Fire Safety Documentation:
a.For new construction, additions, and renovation projects, written approval by the local building authority as well as well as a fire safety report (e.g., Fire Safety Inspection Report or a Certificate of Occupancy in the jurisdiction in which the CSU is based) must be submitted before a license is issued.
b.For buildings already constructed, a copy of a fire safety report indicating approval by the local fire authority for the jurisdiction in which the CSU is based (dated within the last twelve (12) months of the projected opening date of the CSU) must be submitted before a license is issued.
l.Documentation of agency accreditation as required by Departmental policy;
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.06 - Issuance of Initial and Renewal of License

Current through Rules and Regulations filed through June 27, 2024
1.When the Department determines that the applicant is in compliance with all applicable rules and regulations, the Department shall issue an initial license to the applicant:
a.The initial license for a new facility is valid for the first year of operation. The term of the initial license may not exceed one (1) year from the date of issuance;
b.Prior to expiration of the initial license, the Department shall conduct a review of the C & A CSU for compliance with all applicable rules and regulations;
c.Pursuant to a satisfactory review, the Department shall issue a license which shall be valid for a period of up to two (2) years.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.07 - Operational Scope of Services

Current through Rules and Regulations filed through June 27, 2024
Each C & A CSU shall have a detailed description of the scope of services under which the C & A CSU operates that includes, but is not limited to:
1.The C & A CSU shall describe its capacity to serve both voluntary and involuntary individuals;
2.The C & A CSU shall clearly state in its policy that it is not a treatment facility; as defined in O.C.G.A. Secs. 37-1-29, 37-3-1(18);
3.The services offered within the C & A CSU shall be provided in a community based setting, and shall be described as crisis residential services rather than inpatient or hospital level of care service;
4.The C & A CSU shall not advertise or hold itself out as a hospital nor shall it bill for hospital or inpatient services;
5.The C & A CSU shall be exempt from any requirement of Georgia's Certificate of Need (CON) program;
6.The C & A CSU shall pursue with due diligence operating agreements in writing, with one or more healthcare providers, to provide care that is beyond its scope. Operating agreements shall be updated at a minimum every five (5) years as evidenced by date and signatures on the agreement document;
7.The average annual length of stay in the crisis beds of the C & A CSU shall not exceed fourteen (14) calendar days;
8.The C & A CSU shall report census and length of stay data as required to the Department;
9.The C & A CSU shall give priority consideration to serving those individuals without private health care coverage;
10.Individuals shall be billed in accordance with Departmental policy on payment for services. Fees for individuals served under the Department of Human Services or under the Department of Juvenile Justice shall be set by mutual agreement between Departments;
11.The C & A CSU shall not refuse to receive, evaluate, or stabilize any individual who meets the criteria for services as defined in O.C.G.A. Sec. 37-1-29 and Departmental Policy;
12.The C & A CSU shall not operate solely as a twenty-four hour residential service offering detoxification;
13.The C & A CSU shall not provide study and report services; and
14.The C & A CSU shall not be available for court ordered placement for the purpose of temporary placement only.
O.C.G.A. Secs. 37-1-29, 37-2-11.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.09 - Evaluation and Admissions

Current through Rules and Regulations filed through June 27, 2024
1.The C & A CSU must have written protocols for screening individuals presenting for evaluation on a voluntary basis or under O.C.G.A. Secs. 37-3-41, 37-7-41. If screening results in an individual not being offered services or admitted to the C & A CSU, the C & A CSU shall maintain documentation of the rationale for the denial of services and referral of the individual.
2.Level of Care instruments defined in the DBHDD Provider Manual for Community Behavioral Health Providers will be utilized to determine the required need and resulting level of care for admission to the C & A CSU. The C & A CSU shall not admit individuals presenting with issues listed under "Exclusion Criteria" in the Department's policy on medical exclusion guidelines and criteria. The C & A CSU staff shall ask the referral source for information regarding the medical status of the individual. If there are medical status issues, the C & A CSU physician may request additional information or waive medical clearance when clinically appropriate or when medical clearance is not available.
3.The C & A CSU shall not refuse to receive for evaluation an individual who presents to the C & A CSU for evaluation and/or stabilization.
4.Staff shall conduct a search of the individual, his or her clothing, and all personal effects before admission to the unit.
5.Personal searches of individuals (e.g. strip searches) are to be performed only for cause and shall be ordered by the physician. The rationale for the personal search must be clearly documented in the order. Sequential steps of the search, including documentation of staff involved by name and title, must be recorded in the progress notes section of the clinical record. Mandatory removal of clothing or standing orders for personal searches are not permitted.
6.An initial screening for risk of suicide or harm to others shall be conducted for each individual presenting to the CSU for evaluation.
7.Orders for care shall include the clinically appropriate level of observation for the individual.
O.C.G.A. Secs. 37-1-29, 37-3-143, 37-3-162, 37-7-143, 37-7-162.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.10 - Provision of Individualized Care

Current through Rules and Regulations filed through June 27, 2024
1.A physician shall assess each individual to establish a diagnosis and write care orders within twenty-four (24) hours of admission, and document appropriate orders for care; an assessment for risk of suicide will be made by a physician.
2.The licensed clinical social worker or licensed professional counselor shall assess the individual within forty-eight (48) hours of admission to the C & A CSU.
3.An Individualized Resiliency Plan (IRP) shall be developed and written within seventy- two (72) hours of admission on the basis of assessments conducted by the physician, registered nurse and professional social work or counseling staff. A major goal of each IRP shall be the individual's stabilization and recovery. For individuals with both substance abuse and mental health diagnoses, the IRP shall address issues relative to both diagnoses.
4.At a minimum, this IRP shall be developed in collaboration with the individual/family and shall include the following:
a.A problem statement or statement of needs to be addressed;
b.Goals that are consistent with the individual's needs, realistic, measurable, linked to symptom reduction, and attainable by the individual during the individual's projected length of stay;
c.Objectives, stated in terms that allow measurement of progress, that build on the individual's strengths;
d.Specific treatment offerings, methods of treatment and staff responsible to deliver the treatments;
e.Interventions and preferred approaches that are responsive to findings of past trauma and abuse;
f.Evidence of involvement by the individual's legal guardian, as documented by his or her signature or refusal to sign;
g.Development of a crisis plan for use upon discharge;
h.Signatures of all staff participating in the development of the plan;
i.Evidence of involvement by the individual and/or family, as documented by the individual's signature that is in a manner that is age/developmentally appropriate;
j.A discharge and transition plan.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.11 - Documentation of Care

Current through Rules and Regulations filed through June 27, 2024
The C & A CSU shall maintain a clinical record for each individual, which may be recorded manually or electronically. The clinical record shall contain chronological information on all matters relating to the admission, care and treatment, discharge and legal status of the individual, and shall include documents relating to the individual. The clinical record shall include at least the following:
1.Record of evaluation for admission and outcome of the evaluation, including the date, time, name and credentials of the professional conducting the evaluation;
2.Legal status documents for admission and continued stay in the C & A CSU, as detailed in O.C.G.A. Secs. 37-3-1
et seq.
and 37-7-1
et seq
;
3.Documentation of guardianship, whenever applicable;
4.Documentation of consent for services by the legal guardian;
5.Assessments, to include psychiatric, physical health, nursing and psychosocial status;
6.Physician orders;
7.Every order given by telephone shall be received by an RN or LPN and shall be recorded immediately with the ordering physician's name, and shall be reviewed and signed by a physician within twenty-four (24) hours. Specific to the ordering of medication, documentation shall demonstrate evidence that an order was made by telephone, the content of order, and date of the order;
8.Documentation by the physician of the individual's response to care, including rationale for changes in orders or levels of observation;
9.An IRP which specifies individualized interventions responsive to the needs of the individual;
10.There shall be documentation of consent by the legal guardian to the IRP;
11.Documentation of implementation of interventions, including the individual's response to the interventions;
12.Location and type of treatment or education provided, including the date and time of the treatment or education, the name and credentials of the professional or other staff providing the service, and the response of the individual to the service;
13.Evidence of progress toward stabilization and recovery, or lack thereof;
14.Documentation of medical testing (if any), medical findings and medical care needs or interventions provided;
15.Documentation of continued stay justifications;
16.Documentation at least once per day by an RN as to the status of the individual;
17.Documentation of events or incidents that affect care and treatment, including the individual's response thereto;
18.Record of implementation of emergency safety interventions (seclusion or restraint) of last resort, if implemented;
19.Name and title of staff providing care and treatment; and
20.Discharge notes and aftercare plans, including the individual's status at discharge, ongoing needs, aftercare plan, and the date, time and method of discharge.
O.C.G.A. Secs. 37-1-29, 37-3-162, 37-3-165, 37-3-166, 37-7-162, 37-7-165, 37-7-166.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.12 - Protection and Safety of the Individual and of Others

Current through Rules and Regulations filed through June 27, 2024
1.The C & A CSU shall have policies and procedures regarding authorized entry to or exit from the unit.
2.The C & A CSU shall have policies and procedures to protect and respect individuals' rights and privacy while conducting searches.
3.Control of potentially injurious items shall be clearly defined in policy to include, but may not be limited to:
a.Prohibition of flammables, toxins, ropes, wire clothes hangers, sharp-pointed scissors, luggage straps, belts, knives, shoestrings, or other potentially injurious items;
b.Management of housekeeping supplies and chemicals, including procedures to avoid access by individuals during use or storage. Whenever practical, supplies and chemicals shall be non-toxic and/or non-caustic.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.14 - Laboratory Services

Current through Rules and Regulations filed through June 27, 2024
1.Laboratory work and other diagnostic procedures deemed necessary shall be performed as ordered by the physician.
2.Any C & A CSU that processes laboratory tests on-site shall provide documented evidence of a current Clinical Laboratory Improvement Amendment Waiver.
O.C.G.A. Sec. 37-1-29.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.15 - Food Services

Current through Rules and Regulations filed through June 27, 2024
All C & A CSU food service operations shall comply with current federal and state laws and rules concerning food service:
1.At least three (3) nutritious meals per day shall be served;
2.Nutritional snacks shall be available to each individual;
3.No more than fourteen (14) hours may elapse between the end of an evening meal and the beginning of a morning meal;
4.Therapeutic diets shall be provided when ordered by the physician;
5.Under no circumstances may food be withheld for disciplinary reasons;
6.The C & A CSU must have a sufficient designated area to accommodate meal service. Individuals may eat or be served in shifts during daily operations. The eating area may double as a group or activity area;
7.If food is prepared by the C & A CSU, the C & A CSU must have a satisfactory food service permit score, pursuant to Georgia Department of Human Services, Public Health, Chapter  290-5-14-.10. If applicable, a copy of the current food service permit must be on file in the C & A CSU;
8.The C & A CSU may utilize meal preparation services from an affiliated or contracted entity with a current food service permit. There shall be a formal contract between the C & A CSU and contracted food entity containing assurances that the contracted food entity will meet all food service and dietary standards imposed by this rule;
9.If the C & A CSU elects to have meals prepared off-site, the C & A CSU will have a modified kitchen that includes a microwave, a refrigerator, an ice maker and clean-up facilities;
10.The C & A CSU must maintain a daily temperature log for freezer and refrigerator. Temperatures for the refrigerator shall be set between 34°F and 41°F (1°C to 5°C) and the freezer temperature should be set between 0°F and 10°F (-17°C to -15°C);
11.Food, drinks and condiments shall be dated when opened and discarded when expired;
12.Each C & A CSU shall maintain a three-day supply of non-perishable emergency food and water at all times.
O.C.G.A. Sec. 37-1-29.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.16 - Infection Control and Prevention

Current through Rules and Regulations filed through June 27, 2024
The C & A CSU shall develop and implement policies and procedures for infection control and prevention that include the following:
1.Standard precautions are defined and the use of personal protective equipment when handling blood, body substances, excretions and secretions are outlined;
2.Proper hand washing techniques are outlined;
3.Proper disposal of biohazards, such as potentially infected waste and spills- management, needles, lancets, scissors, tweezers and other sharp instruments are described;
4.Prevention and treatment of needle stick/sharp injuries are outlined;
5.The management of common illnesses such as, but not limited to Methicillin-Resistant Staphylococcus Aureus
(
MRSA), colds and influenza, gastrointestinal viruses, pediculosis and tinea pedis, etc. is described;
6.Specific procedures to manage infectious diseases including but not limited to tuberculosis, hepatitis B, Human Immunodeficiency Virus (HIV), Acquired Immune Deficiency Syndrome (AIDS) or other infectious diseases are described;
7.Handling and maintenance of individual care equipment is described;
8.The C & A CSU's infection control risk assessment and plan is reviewed annually for effectiveness and revision, if necessary;
9.The C & A CSU shall have written hygienic practices and procedures regarding the management of linens and minimizing healthcare-associated infections, including collection, sorting, transport, washing and storage of soiled linens. The practices shall be based upon a cited expert source (such as the U.S. Centers for Disease Control and Prevention) and updated annually to ensure the procedures reflect evolving standard practice. At a minimum, the C & A CSU shall:
a.Have immediately available a quantity of clean bed linens and towels, etc., essential for the proper care of individuals at all times; and
b. Have collection, sorting, and cleaning procedure shall be designed to prevent contamination of the environment, individuals served, and personnel.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.17 - Rights and Responsibilities of Individuals

Current through Rules and Regulations filed through June 27, 2024
1.The C & A CSU shall safeguard the rights of individuals treated pursuant to applicable state laws and rules and regulations.
2.The rights and responsibilities of individuals and their legal guardians are paramount. It is the expectation that a legal guardian shall be an informed partner in the assessment and treatment of individuals. The individual under the age of eighteen (18) served should also be an informed participant. Although the individual's consent is not legally mandated, it should be encouraged and promoted in every treatment element. Documentation shall support the provision of the following:
a.Each C & A CSU shall maintain a written statement of rights and responsibilities for individuals receiving services and their legal guardian, as articulated in DBHDD rule and policy;
b.During admission or orientation to the C & A CSU, each individual and the individual's legal guardian shall receive a written statement of his or her rights and responsibilities. Receipt of this information shall be documented in the clinical record and validated by the signature of the individual and their legal guardian. If the legal guardian is unable or unwilling to sign, this shall be recorded;
c.The C & A CSU shall inform the individual and the legal guardian in writing of any changes in rights and responsibilities;
d.Individual rights related to required notices, lengths of stay on involuntary status, or other processes related to rights specified in Georgia law, DBHDD rule or policy, shall be maintained.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.18 - Confidentiality

Current through Rules and Regulations filed through June 27, 2024
1. The C & A CSU shall have records management policies, procedures and practices to manage and to protect the confidentiality and protected health information of individuals' records, to include electronic records.
2. The C & A CSU's records management policies shall support secure, organized records and shall be consistent with all applicable policies and procedures and federal and state laws and regulations.
3. The C & A CSU shall ensure that the individual's rights regarding his or her own confidential and protected health information are protected, including but not limited to, access to protected health information, requesting amendment to the clinical record, requesting restriction of disclosure, and requesting an accounting of disclosures that have been made.
4. The C & A CSU shall have a Notice of Privacy Practices regarding confidentiality of the individual's protected health information, which Notice shall comply with the requirements of Health Insurance Portability and Accountability Act (HIPAA).
5. The C & A CSU shall post the Notice of Privacy Practices at all times in the admissions area and in prominent locations where it is reasonable to expect individuals to be able to read the notice. Additional copies must be available for distribution upon request.
6. The C & A CSU shall provide a copy of the Notice of Privacy Practices to the individual and his or her legal guardian, as defined by state law, upon the individual's admission.
7. The C & A CSU shall have policies, procedures and practices that are compliant with the requirements of HIPAA regarding:
a. Complaints regarding violation of confidentiality and privacy rights;
b. Reports of breaches of HIPAA to the Department, and as required by law when applicable to the individual, to the United States Secretary of Health and Human Services, and to the media;
c. Sanctions of employees for violations of HIPAA; and
d. Identifying business associates, as defined by HIPAA, of the C & A CSU and obtaining satisfactory assurances of the business associates' compliance with the requirements of HIPAA.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.19 - Documentation of Legal Status

Current through Rules and Regulations filed through June 27, 2024
The legal status of each individual shall be clearly recorded within the clinical record to include:
1.Documenting the legal and clinical basis for the individual's admission to the C & A CSU, whether voluntary or involuntary consistent with all applicable state laws, rules and regulations;
2.Documentation of the legal and clinical basis for continued admission to the C & A CSU for purposes of evaluation when consistent with all applicable state laws, rules and regulations;
3.A record of voluntary or involuntary status change, to include the date and time of such change and consent by the parent or legal guardian;
4.Where an individual is found to be in need of treatment and suitable for treatment at said facility, the facility must obtain consent for treatment from the parent or legal guardian of the individual who shall receive treatment unless such minor is emancipated O.C.G.A. Sec. 37-3-20(a);
5.Documentation of the assessment of the individual's capacity to understand and exercise the rights and powers of voluntary admission; and
6.Where specific Departmental legal forms exist to document any of the above mentioned actions, those forms shall be utilized.
O.C.G.A. Secs. 37-1-29, 37-3-1
et seq
, 37-3-24, 37-7-1
et seq
, 37-7-24.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.20 - Performance Improvement Plan and Activities

Current through Rules and Regulations filed through June 27, 2024
The C & A CSU shall develop a quality assurance plan and update it annually:
1.The quality assurance plan shall address and ensure a comprehensive integrated review of all services and practices which shall include but not be limited to the following:
a.High risks situations and special cases (such as suicide, death, serious injury, violence and abuse of any individual) are reviewed within twenty-four (24) hours;
b.Medical emergencies;
c.Medication variance;
d.Infection control;
e.Emergency safety interventions including seclusion or restraint;
f.Environmental safety and maintenance; including an environment scan which self- assesses risk for individuals served by or working in the facility and identified strategies and subsequent plans for mitigating those risks;
g.Clinical outcome measures.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.21 - Environment of Care

Current through Rules and Regulations filed through June 27, 2024
Areas accessible by individuals shall meet the following requirements:
1.The CSU shall maintain an environment that is clean and in good repair;
2.The environment of the C & A CSU shall have natural light and exterior views;
3.The general architecture of the C & A CSU, along with tools and technology, shall provide for optimal line-of-sight observations from the nurses' station throughout the unit, mitigating hidden spots and blind corners;
4.The C & A CSU shall be a locked facility;
5.The C & A CSU shall have sleeping areas that are gender and age specific;
6.Interior finishes, lighting, and furnishings shall conform to applicable fire and safety codes; as classified for
Health Care Occupancy/Limited Care Facilities
in the current edition of National Fire Protection Association's NFPA 101 Life Safety Code Handbook, Chapter 18/19: New and Existing Health Care Occupancies;
7.Furnishings, hardware, fixtures, or protrusions must be:
a.Made of materials which mitigate the risk of use as weapons or for self- harm (hanging, cutting, etc.);
b.Intact and functional;
c.Maintained in good condition, and ;
d.Tamper resistant.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.22 - Fire Prevention and Safety Requirements

Current through Rules and Regulations filed through June 27, 2024
1.Each C & A CSU shall have an emergency fire and disaster plan that includes the following:
a.Protocols for and documentation of practice of monthly fire drills rotated so that all shifts have had at least one (1) drill quarterly, including time taken to complete the drill and follow-up with recommendations for drills that are unsatisfactorily completed;
b.Disaster drills protocols such as flood, tornado, hurricane are practiced at least quarterly;
c.Direction for evacuation of the C & A CSU utilizing posted evacuation routes;
d.Preparation of the individuals for evacuation;
e.Documentation of monthly fire extinguisher inspection;
f.Documentation of at least annual inspections of other safety mechanisms such as sprinklers, smoke alarms, emergency lights, kitchen range/hood, etc;
g.Provision for annual review and revision of the fire and emergency safety plan;
h.Procedures for training staff on all emergency and disaster drills.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.23 - Human Resources

Current through Rules and Regulations filed through June 27, 2024
1.The C & A CSU shall develop and implement policies and procedures that address the hiring, training, promotion and termination of staff.
2.The C & A CSU shall define the responsibilities, qualifications, and competencies of staff For all positions.
3.The C & A CSU shall ensure that the type and number of professional staff attached to the unit are:
a.Properly licensed or credentialed in the professional field as required;
b.Present in numbers to provide adequate supervision to staff;
c.Present in numbers to provide services, supports, care and treatment to individuals as required;
d.Experienced and competent in the profession they represent; and
e. At least one (1) staff trained in Basic Cardiac Life Support (BCLS) and first aid shall be on duty at all times. In addition, one staff trained in the use of the Automated External Defibrillator (AED) equipment shall also be on duty.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.24 - Transportation

Current through Rules and Regulations filed through June 27, 2024
The C & A CSU shall assist in the coordination of necessary transportation through transfer and/or discharge to assure the youth's safe passage to the appropriate destination.
O.C.G.A. Sec. 37-1-29.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.25 - Incident and Complaint Reporting and Investigation Procedures

Current through Rules and Regulations filed through June 27, 2024
1.The C & A CSU shall report critical incidents to the Department as defined by the Departmental policy on reporting of incidents.
2.The C & A CSU shall have internal mechanisms to document, investigate and take appropriate action for complaints and incidents which are not required to be reported to the Department.
3.The C & A CSU shall also post in a visible area the procedure to be taken to make a complaint directly to the Department through the Department's Office of External Affairs.
4.The C & A CSU shall notify the parent(s) or legal guardian(s) as soon as possible, and in no case later than twenty-four (24) hours, after a serious occurrence.
O.C.G.A. Secs. 37-1-29, 37-3-149, 37-7-149.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.26 - Department Complaint and Incident Investigation Procedures

Current through Rules and Regulations filed through June 27, 2024
1.The Department shall be authorized to conduct investigations:
a.Investigations shall be conducted to ensure compliance with all applicable laws, rules and regulations;
b.Department representatives shall be authorized to enter the premises of a C & A CSU at any time to survey or investigate to ensure compliance with or prevent a violation of any rule or regulation and/or to ensure the quality and integrity of care provided to individuals;
c.The Department shall have complete access to, including but not limited to authorization to examine and reproduce, any records required to be maintained in accordance with contracts, standards, laws, rules and regulations of the Department;
d.The Department shall maintain the confidentiality of C & A CSU records as specified by federal and/or state law.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.27 - 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 Rules  82-4-1.28  and  82-4-1.29  upon a finding that an applicant or licensee has:
1.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;
2.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;
3.Failed to comply with any licensing requirements of this state; or
4.Failed to comply with the provisions of state law or with any provisions of these rules.
O.C.G.A. Secs. 37-1-20, 37-1-29.