Rule 111-8-19-.05 - LicensesNo 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.Ga. Comp. R. & Regs. R. 111-8-19-.05
O.C.G.A. §§ 26-5-6 to 26-5-11, 26-5-14, 31-2-4.
Original Rule entitled "Licenses" adopted. F. Sep. 9, 2013; eff. Sept. 29, 2013.