Rule 290-2-29-.05 - Application for or Renewing a License(1)Application for License.(a) The Applicant Defined. 1. The home is owned by a sole proprietorship, the individual proprietor shall apply for the license, complete the statement of responsibility and serve as the licensee.2. The home is owned by a partnership, the general partners shall apply for the license, complete the statement of responsibility and serve as the licensee.3. The home is owned by an association, the governing body of the association shall authorize the application for the license and complete the statement of responsibility and the association shall serve as the licensee.4. The home is owned by a corporation, the governing body of the corporation shall authorize the application for the license and complete the statement of responsibility and the corporation shall serve as the licensee.(2) No person, partnership, association, corporation or entity shall operate a maternity home in the state without first obtaining a license to operate the home by demonstrating compliance with the necessary requirements set forth in these rules.(3) No licensed maternity home shall provide room, board and watchful oversight to more than 16 residents including infants on its premises.(4) Application for the issuance of an initial license to operate a home shall be made in writing on forms provided by the Department, shall be signed by the person seeking authority to operate the home, shall be notarized, and shall include at least the following information. a. Name of home, address, the phone number; and email address;b. Applicant's address and phone number;c. Sources of financial support;d. Written verification of compliance with local zoning requirements for the home where they are defined in zoning ordinances;e. Copy of the current fire marshal's certificate of approval;f. A statement of compliance with applicable state statutes and regulations and local ordinances approvals;h. Total number of employees, by category;i. Services provided; and j. A statement verifying the required experience of the administrator and other professional staff.(5)Time for Filing. An application for a license shall be submitted at least 90 days prior to the proposed opening date of the new home.(6)Criminal Records Check Required. The director and employees, of a home must submit to criminal records checks in connection with any application for a license and employment.(7)Separate License Applications. A separate license application is required for each geographical location which a home proposes to operate even when all of the proposed homes are owned by the same person or entity.(8)Notice of Denial. If the Department determines that an applicant does not comply with these rules and determines that the issuance of a temporary or restricted license is not appropriate, the Department will provide a written notice of the denial of license and shall provide an opportunity for hearing to the applicant.(9)False or Misleading Information. The application for a license including the application for a criminal records check must be truthfully and fully completed. In the event that the Department has reason to believe that the application has not been completed truthfully, the Department may require additional verification of the facts alleged. The Department may refuse to issue a license where false statements have been made in connection with the application or any other documents required by the Department.(10)Departmental Approval Required. A home shall not begin operation without departmental approval.(11)Amended License. An application for an amended license shall be submitted at least 30 days prior to the changes or additions, except in cases of emergencies. In such cases of emergencies, which make it impossible to submit an application within 30 days, the governing body or director shall notify the Department by telephone and shall submit an application for the amended license as soon as the governing body or the director becomes aware of the change or addition. An application shall be submitted for the following proposed changes: (a) A change in the name of the home;(b) A change of ownership;(c) A change in the ages of residents to be served;(d) Additions or changes in the uses of the building(s) that will affect the home's licensed capacity.(12)Application for Renewal of a Continuing License. (a) An application for the renewal of a continuing license to operate a home shall be made in writing on the forms provided by the Department. The forms shall be signed by the person seeking authority to operate the home. The forms shall be notarized and contain information required in subsection (b):(b) An annual report shall be submitted to the Department as part of the renewal application. This report shall include the period of July 1 through June 30 of the prior year and shall include the following: 1. Number of residents admitted;2. Age, race, and educational levels of residents;3. Length of stay of residents during the prenatal period. If residents left the home prior to delivery, the total number of residents that left and the reasons for leaving shall be included;4. Residents who returned after delivery and length of stay;5. Infants admitted and length of stay;6. Residents who applied but were not admitted, and reasons such residents were not admitted; and7. Residents who applied for admission and the decision regarding admission is pending.Ga. Comp. R. & Regs. R. 290-2-29-.05
O.C.G.A. Secs. 49-5-3, 49-5-8, 49-5-12, 49-5-60, 49-5-62, 49-5-69.
Original Rule entitled "Application for or Renewing a License" adopted. F. Dec. 15, 2011; eff. Jan. 4, 2012.