Rule 111-8-19-.03 - DefinitionsIn these rules, unless the context otherwise requires, the words and phrases set forth herein shall mean the following:
(a) "Ambulatory Detoxification Program" means a program for the medical management and other support for processes associated with the physical process of withdrawal from drugs in a non-residential setting. Persons treated in this setting are without unusual or significant medical risks or behavioral problems.(b) "Behavior management" means those principles and techniques used by a facility to assist a client in facilitating self-control, addressing inappropriate behavior, and achieving positive outcomes in a constructive and safe manner. Behavior management principles and techniques shall be used in accordance with the client's treatment plan, written policies and procedures governing service expectations, treatment goals, safety, security, and these rules and regulations.(c) "Branch" means a part-time (operating less than five days per week) substance abuse program at a site or location different from the location of the licensed program, yet which is operated as a part of the licensed program and is not separately licensed.(d) "Department" means the Department of Community Health, acting through the Division of Healthcare Facility Regulation, or its successor.(e) "Drug abuse treatment and education program" or "program" means any system of treatment or therapeutic advice or counsel provided for the rehabilitation of drug dependent persons and shall include programs offered in residential and/or nonresidential settings.(f) "Drug dependent person" means a person who is in imminent danger of becoming dependent upon or addicted to the use of drugs or who habitually lacks self-control as to the use of drugs or who uses drugs to the extent that his health is substantially impaired or endangered or his social or economic function is substantially disrupted.(g) "Drugs" means any substance defined as a drug by federal or Georgia law or any other chemical substance which may be used in lieu of a drug to obtain similar effects, with the exception of alcohol and its derivative.(h) "Emergency safety interventions" means those behavioral intervention techniques that are authorized under an approved emergency safety intervention plan and are utilized by properly trained staff in an urgent situation to prevent a client from doing immediate harm to self or others.(i) "Emergency safety intervention plan" means the plan developed by the facility utilizing a nationally recognized, department-approved, evidence-based, training program for emergency safety intervention. The plan shall clearly identify the emergency safety interventions staff may utilize and those that may never be used.(j) "Final Adverse Finding" means 1) the issuance of a ruling by the Commissioner of the Department of Community Health on any appeal from a decision of a state administrative law judge or hearing examiner pursuant to a contested case involving the imposition of a sanction; 2) when a decision of the state administrative law judge or hearing examiner becomes final by operation of law because no appeal is made to the Commissioner of the Department of Community Health; 3) where the parties to a contested case dispose of the case by settlement; or 4) where a facility does not contest within the allotted time period a sanction imposed by the department.(k) "Governing body" means the county board of health, the partnership, the corporation, the association, or the person or group of persons who maintains and controls the program and who is legally responsible for the operation.(l) "Inspection" means any examination by the department or its representatives of a provider, including but not necessarily limited to the premises, staff, persons in care, and documents pertinent to initial and continued licensing so that the department may determine whether a provider is operating in compliance with licensing requirements or has violated any licensing requirements. The term inspection includes any survey, monitoring visit, complaint investigation, or other inquiry conducted for the purposes of making a compliance determination with respect to licensing requirements. Such examinations are generally unannounced.(m) "License" means the official permit issued by the department which authorizes the holder to operate a drug abuse treatment and education program for the term provided therein.(n) "Manual hold" means the application of physical force, without the use of any device, for the purpose of restricting the free movement of a client's body. A manual hold does not include briefly holding the client without undue force to calm or comfort the client, holding the client by the hand or by the shoulders or back to walk the client safely from one are to another where the client is not forcefully resisting the assistance, or assisting the client in voluntarily participating in activities of daily living.(o) "Mechanical restraint" means a device attached or adjacent to the client's body that is not a prescribed and approved medical protection device, and that he or she cannot easily remove, that restricts freedom of movement or normal access to his or her body.(p) "Narcotic Treatment Program" means a program for chronic heroin or opiate-like drug users that administers narcotic drugs under physicians' orders either for detoxification purposes or for maintenance treatment in a rehabilitative context. This program is licensed according to rules promulgated by the department.(q) "Outpatient Drug Treatment Program" means a non-residential program staffed by professional and paraprofessional persons that provides drug treatment or therapeutic services, primarily counseling and other supportive services for drug dependent persons, and is not classified as an ambulatory detoxification program or Specialized Day Treatment Program. (r) "Parent program" means the licensed program that develops and maintains administrative controls of Subunits and Branches of the program.(s) "Residential Sub-Acute Detoxification Program" means a residential program for drug dependent persons which includes the medical management and other support for processes associated with the physical withdrawal from drugs in a residential setting, staffed by professional and paraprofessional persons, which is not in a licensed hospital or approved ERET facility.(t) "Residential Intensive Treatment Program" means a residential program staffed by professional and paraprofessional persons which provide highly structured treatment and therapeutic activities that focus on stabilization, abstinence, and skills required for recovery; are not classified as a residential sub-acute detoxification program.(u) "Residential Transitional Treatment Program" means a residential program which provides therapeutic services to drug dependent persons, who are transitioning to the community or to other treatment modalities, and who, typically, lack a stable living situation and require variable levels of therapeutic services.(v) "Seclusion" means the involuntary confinement of a client away from other clients, due to imminent risk of harm to self or others, in a room or an area from which the client is physically prevented from leaving.(w) "Specialized Day Treatment Program" means a non-residential program for drug dependent persons staffed by professional and paraprofessional persons that provides structured treatment or therapeutic services, utilizing activity schedules as part of its operational method; it is not classified as an ambulatory detoxification or outpatient drug treatment program.(x) "Special Program" means a program that provides therapeutic services to drug dependent persons which does not fit into existing program classifications.(y) "Subunit" means a full-time program for drug dependent persons operated semiautonomously in a different location from the Parent program, which may provide different modalities of services, and must independently meet the licensing requirements and shall be separately licensed.(z) "Time out" means a behavior management technique that involves the brief separation of a client from the group or setting where the client is experiencing some behavioral or emotional distress, not to exceed twenty (20) minutes, designed to de-escalate the emotionally charged condition of the client. During "time-out" a client's physical freedom of movement is not restricted.Ga. Comp. R. & Regs. R. 111-8-19-.03
O.C.G.A. § 26-5-1et seq.
Original Rule entitled "Definitions" adopted. F. Sep. 9, 2013; eff. Sept. 29, 2013.