Rule 111-8-53-.08 - Inspections and Plans of Correction(1) The Department is authorized to conduct on-site inspections of any program to verify compliance with these rules and all relevant laws or regulations at any time. A program shall permit any authorized representative of the Department to enter upon and inspect any and all program premises which, for the purpose of these rules, shall include access to all parts of the facility, staff, persons in care, and all records pertinent to initial and continued licensure. For the purpose of conducting any investigation, inspection, or survey, the Department shall have the authority to require the production of any books, records, papers, including all patient records or other information related to the initial or continued licensing of any program. The Department may require at reasonable intervals that each licensee shall furnish copies of complete records of each person treated or advised by the program, provided, however, that patient identifying information shall be redacted from such records prior to submission to the Department. Failure to permit entry and inspection is a violation of these rules and may result in the denial of any license applied for or in the suspension or revocation of a license.(2) If, as a result of an inspection, violations of these rules requiring corrective action are identified, the Department shall issue a written inspection report that identifies the rules violated and requires the program to submit a written plan of correction that states what the program will do to correct each of the violations identified. The program may offer an explanation or dispute the findings of violations in the written plan of correction so long as an acceptable plan of correction is submitted within 10 days of the receipt of the inspection report. Failure to submit an acceptable plan of correction may constitute cause for the Department to deny a license or suspend or revoke a license. Upon the discovery of any violation of these rules, the Department may proceed to suspend or revoke a program's license in accordance with these rules. In determining whether to suspend or revoke a license, the Department may consider whether the violations can be corrected, the program's history of compliance, the nature and seriousness of the violations, the impact of the violations on the safety and welfare or the program's patients and the surrounding community and any other relevant circumstances.(3) Programs shall also cooperate with interested parties seeking to apply for licensure by providing the information detailed in Rule 111-8-53-.07(4)(e) within a reasonable period of time.(4) After initial licensure, the Department shall conduct on-site inspections of each program on an annual basis. The Department may authorize third party audits or inspections of programs for the purpose of determining whether or not a program is in compliance with these rules.Ga. Comp. R. & Regs. R. 111-8-53-.08
O.C.G.A. §§ 26-5-2et seq., 31-2-5, 31-2-7.
Original Rule entitled "Inspections and Plans of Correction" adopted. F. Sep. 9, 2013; eff. Sept. 29, 2013.Amended: F. Feb. 15, 2018; eff. Mar. 7, 2018.