Ga. Comp. R. & Regs. 111-8-53-.03

Current through Rules and Regulations filed through December 24, 2024

Rule 111-8-53-.03 - Definitions

Unless the context otherwise requires, as used in these rules the term:

(a) "Administrator" means the individual designated by the program's governing body who is responsible for the on-going and day-to-day operations of the program, for overall compliance with federal, state, and local laws and regulations regarding the operation of narcotic treatment programs, and for all program employees including practitioners, agents, or other persons providing services at the program;

(b) "Applicant" means any individual affiliated with a partnership, corporation, association or individuals or groups of individuals submitting an application to operate a narcotic treatment program under this article.

(c) "Clinical director" means the individual designated by the program's governing body who is responsible for the on-going and day-to-day clinical aspects of treatment for those patients admitted to the program;

(d) "Clinical staff" means registered nurses, licensed practical nurses, and registered pharmacists, all operating within their respective scope of practice as authorized by law and regulation, as well as those members of the medical staff as such term is defined by these rules;

(e) "Counselor" means an individual who is qualified by education, training, and experience to provide substance abuse counseling and who is licensed or certified if required by state practice acts or these rules;

(f) "Crime" means the commission of any of the following offenses:

1. A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person;

2. A violation of Code Section 16-5-1, relating to murder;

3. A violation of Code Section 16-5-2, relating to voluntary manslaughter;

4. A violation of Code Section 16-5-21, relating to aggravated assault;

5. A violation of Code Section 16-8-41, relating to armed robbery with a firearm;

6. A violation of Code Section 16-6-21, relating to aggravated sexual battery;

7. A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes;

8. A violation of Code Section 16-5-70, relating to cruelty to children;

9. A violation of Code Section 16-5-101, relating to cruelty to a person 65 years of age or older or a disabled adult;

10. A violation of Code Section 16-6-1, relating to rape;

11. A violation of Code Section 16-6-4, relating to child molestation;

12. A felony violation of Code Section 16-8-2, relating to theft by taking;

13. A felony violation of Code Section 16-8-3, relating to theft by deception;

14. A felony violation of Code Section 16-8-4, relating to theft by conversion;

15. A felony violation of Code Section 16-9-1, relating to forgery;

16. A violation of Code Section 16-8-40, relating to robbery;

17. A felony violation of Chapter 13 of Title 16, relating to controlled substances;

18. A felony violation of Code Section 16-5-23.1, relating to battery; or

19. Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere.

Any other criminal offense as determined by the Department and established by rule adopted pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," that would indicate the unfitness of an individual to be involved in the operations or activities of a narcotic treatment program.

(g) "Criminal history background check" means a search as required by law of the criminal records maintained by law enforcement authorities to determine whether the individual has a criminal record as defined in these rules.

(h) "Criminal record" means:

1. Conviction of a crime; or

2. Arrest, charge, and sentencing for a crime where:

(i) A plea of nolo contendere was entered to the charge; or

(ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or

(iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or

3. Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17 O.C.G.A.

(i) "Department" means the Department of Community Health, operating through the Division of Healthcare Facility Regulation, or its successor;

(j) "Director of Pharmacy Services" means a pharmacist licensed by the Georgia Board of Pharmacy who has been designated by the governing body of the narcotic treatment program to direct, oversee, establish protocols and be responsible for all pharmacy related transactions of the narcotic treatment program;

(k) "Final administrative decision" means the issuance of a ruling by the Commissioner of the Department of Community Health or his or her designee or any appeal from a decision of an administrative law judge pursuant to a contested case involving the imposition of a sanction; a decision of an administrative law judge finalized by operation of law where no appeal is made to the Commissioner of the Department of Community Health; the disposition of a contested case through settlement by the parties; or a sanction imposed by the Department that is uncontested by a facility within the allotted time period;

(l) "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 a narcotic treatment program, who is legally responsible for its operation, and who holds the license to operate that program;

(m) "Individual treatment plan" means a comprehensive plan that outlines for each patient attainable short-term and long-term treatment goals that are mutually acceptable to the patient and the narcotic treatment program and that specify the services to be provided and the frequency and schedule for such provision;

(n) "Inspection" means any examination by the Department or its representatives of a provider, including, but not 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;

(o) "License" means the official permit issued by the Department that authorizes the holder to operate a narcotic treatment program for the term provided therein;

(p) "Medical director" means a physician licensed by the Georgia Composite Medical Board who has been designated by the governing body of the narcotic treatment program to be responsible for the administration of all medical services performed by the narcotic treatment program, including compliance with all federal, state, and local laws and rules regarding medical treatment of narcotic addiction;

(q) "Medical staff" means the physicians licensed in the State of Georgia who are responsible for the medical treatment being provided to patients through a licensed narcotic treatment program. In limited circumstances, as defined in these rules, medical staff may also include a nurse practitioner, operating under an approved written protocol, and a physician's assistant, operating under an approved job description, supervised by either the program physician or medical director;

(r) "Methadone" means an opioid agonist treatment medication as approved by the Food and Drug Administration under Section 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 355, for use in the treatment of opiate addiction;

(s) "Narcotic treatment program" means any system of treatment provided for chronic heroin or opiate-like drug-dependent individuals that administers narcotic drugs under physicians' orders either for detoxification purposes or for maintenance treatment in a rehabilitative context offered by any county board of health, partnership, corporation, association, or person or groups of persons engaged in such administration;

(t) "Owner" means any individual or any person affiliated with the corporation, partnership, or association with 10 percent or greater ownership interest in a business or agency licensed as a narcotic treatment program and who:

1. Purports to or exercises authority of an owner in the business or agency;

2. Applies to operate or operates the business or agency; or

3. Enters into a contract to acquire ownership of such a business or agency.

(u) "Patient" means any individual who undergoes treatment in a narcotic treatment program;

(v) "Program physician" means any physician licensed in the State of Georgia, including the medical director, who is employed by a narcotic treatment program to provide medical services to patients;

(w) "Registered Nurse" means a person who holds a current and valid license as a registered nurse issued by the State of Georgia;

(x) "Records check application" means two sets of classifiable fingerprints, a records search fee to be established by the Department by rule and regulation, payable in such form as the Department may direct to cover the cost of a fingerprint records check, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the Department may require;

(y) "Region" means one of the 49 geographical areas specified in O.C.G.A. § 26-5-48(h);

(z) "Satisfactory criminal history background check determination" means a written determination that a person for whom a records check was performed was found to have no criminal record which includes one of the covered crimes outlined in paragraph (f) of this section, if applicable;

(aa) "State Board of Pharmacy" means the board created to regulate the practice of pharmacy pursuant to Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated and the Rules and Regulations of the Georgia State Board of Pharmacy, Chapter 480-18; and

(bb) "Unsatisfactory criminal history background check determination" means a written determination that a person for whom a records check was performed has a criminal record which includes one of the covered crimes outlined in paragraph (f) of this section, if applicable.

Ga. Comp. R. & Regs. R. 111-8-53-.03

O.C.G.A. §§ 26-5-2et seq., 31-2-5, 31-2-7.

Original Rule entitled "Definitions" adopted. F. Sep. 9, 2013; eff. Sept. 29, 2013.

Amended: F. Feb. 15, 2018; eff. Mar. 7, 2018.