Rule 111-8-68-.04 - General Policies(1)Application. An application to operate a licensed facility must comply with the following: (a) The governing body of the facility shall submit to the department an application for a permit. Such application shall be signed by the executive officer of the governing body.(b) The application for a permit shall be prepared in duplicate on forms provided by the department. The original copy shall be forwarded to the department and the copy retained by the governing body.(c) The application for an original permit shall be accompanied by a program narrative of the service or services provided, a copy of the bylaws of the governing body and a copy of the policies and procedures adopted by the professional staff and approved by the governing body.(d) The application for an original permit shall be submitted to the department not later than thirty (30) days prior to the anticipated date of the opening and commencement of operation of the facility.(e) Application for change in status of a facility shall be submitted to the department not later than thirty (30) days prior to the effective date proposed.(f) Proof of ownership and a notarized personal identification form shall accompany the application. 1. Corporations shall submit a copy of their charter and the name and address of all owners with ten (10) percent or more of the stock and shall identify each corporate officer;2. Non-profit associations and facility authorities shall submit legal proof of the organization, the name and address of each trustee and the office held, if any; and3. All other types of facilities shall submit the name and address of each person with ownership interests in the facility.(2)Permits. The following requirements pertain to the permit to operate the licensed facility:(a) The facility must be in substantial compliance with these rules and regulations and the provisions of law which apply to the location, construction and maintenance of treatment facilities and the safety of the patients therein. A permit shall remain in force and effect unless suspended or revoked or otherwise removed as hereinafter provided.(b) Prior to the issuance of a permit and at the request of the department, the governing body shall furnish the department evidence of compliance with any laws or regulations thereunder applicable to facilities but the enforcement of which is the responsibility of a department or agency of government other than the department.(c) The permit shall show the classification of the facility, and shall specify the number of beds designated for such treatment facility.(d) The permit shall be framed and publicly displayed at all times.(e) Permits are not transferable from one governing body to another, nor valid when the facility is moved from one location to another.(f) The permit shall be returned to the department when the facility ceases to operate, or is moved to another location, or the ownership changes, or the governing body is significantly changed, or the permit is suspended or revoked.(g) A permit shall be required for each facility. At the request of the governing body of multi-building facilities, a single permit may be issued to include all buildings provided that each building is in substantial compliance with these rules and regulations.(3)Provisional Permits. The following requirements pertain to the issuance of a provisional permit to operate the licensed facility: (a) Provisional permits may be granted to the governing body of a new or established facility to demonstrate operational procedures in substantial compliance with these rules and regulations.(b) A provisional permit may be granted to the governing body of an existing facility to give reasonable time to comply with regulations and standards, which relate to the structural or physical condition of the treatment facility.(c) Provisional permits granted to allow reasonable time to demonstrate satisfactory compliance with operational procedures shall be limited to periods of not more than six(6) months.(d) Provisional permits granted to allow reasonable time to correct noncompliances relating to the structural or physical condition of the facility shall be limited to a period of not more than twelve (12) months; provided, however, that the department may extend such period for a period not to exceed another twelve (12) months.(e) No provisional permits shall be granted to the governing body of a newly established facility which is not in substantial compliance with these rules and regulations, and standards relating to the structural or physical condition of the facility.(f) A provisional permit shall not be issued when there is noncompliance of any type which present an immediate hazard to the life, health or safety of patients.(g) No provisional permit shall be granted unless the governing body first presents to the department a plan of correction which shall list each noncompliance to be corrected, the time required to correct noncompliance which relates to the structural or physical condition of the facility and the means, methods and procedures to be used in the correction of the noncompliance.(h) The governing body shall make periodic reports to the department regarding the progress being made in correcting noncompliance as agreed to by the terms of the plan of correction.(i) The governing body of a facility operating under a provisional permit may petition the department for an extension of time, if needed, to correct noncompliance where the failure to make such corrections within the time allotted is due to an extenuating circumstance beyond the control of the governing body. Such petition shall be submitted to the department as agreed to by the terms of the plan of correction. (4)Patient Capacity. The number of patients receiving care within the facility shall not exceed the number of residential mental health beds shown on the permit.Ga. Comp. R. & Regs. R. 111-8-68-.04
O.C.G.A. Secs. 19-7-5, 31-7-2.1, 31-7-3.
Original Rule entitled "General Policies" adopted. F. July 14, 2010; eff. August 3, 2010.