Rule 111-8-65-.07 - Exemptions(1) These rules shall not apply to private home care services which are provided under the following conditions: (a) When those services are provided directly by an individual, either with or without compensation, and not by agents or employees of the individual and not through independent contractors or referral arrangements made by an individual who has ownership or financial interest in the delivery of those services by others who would deliver those services.(b) When those services are home infusion therapy services and the intermittent skilled nursing care is provided only as an integral part of the delivery and infusion of pharmaceuticals; however, such skilled nursing care, whether hourly or intermittent, which provides care licensed by these rules beyond the basic delivery and infusion of pharmaceuticals is not exempt;(c) When those services are provided through the temporary placement of professionals and paraprofessionals to perform those services in places other than a person's residence;(d) When those services are provided by home health agencies which are licensed under state law;(e) When those services are provided in a personal care home by the staff of the personal care home; and(f) When those services are services within the scope of practice of pharmacy and provided by persons licensed to practice pharmacy.(2) A certificate of need issued pursuant to O.C.G.A. § 31-6-1et seq. is not required for licensure so long as the provider does not operate as a licensed home health agency or personal care home.Ga. Comp. R. & Regs. R. 111-8-65-.07
O.C.G.A. §§ 31-7-305 and 31-7-307.
Original Rule entitled "Exemptions" adopted. F. Feb. 20, 2013; eff. Mar. 12, 2013.