As used in this chapter, the term: “Board” means the Board of Community Health. “Department” means the Department of Community Health. “Dialysis” means a process by which dissolved substances are removed from a patient’s body by diffusion, osmosis, and convection (ultrafiltration) from one fluid compartment to another across a semipermeable membrane. “Dialysis technician” means an […]
The department shall conduct periodic inspections of each end stage renal disease facility to verify compliance with this chapter and rules adopted under this chapter. An inspection conducted under this Code section shall be unannounced, except for initial inspections, location changes, or expansions. History. Code 1981, § 31-44-10 , enacted by Ga. L. 2000, p. […]
The department is authorized to issue, deny, suspend, or revoke a license issued under this chapter for a violation of this chapter or a rule adopted under this chapter, or take other disciplinary actions against licensees as provided in Code Section 31-2-8. The denial, suspension, or revocation of a license by the department shall be […]
A civil or administrative penalty collected under this chapter shall be deposited in the state treasury to the general fund. History. Code 1981, § 31-44-12 , enacted by Ga. L. 2000, p. 526, § 1. Code Commission notes. Ga. L. 2000, p. 126, § 1, Ga. L. 2000, p. 526, § 1, and Ga. L. […]
A person holding a controlling interest in an end stage renal disease facility may, at any time, request the department to assume the management of the facility through the appointment of a temporary manager under this chapter. After receiving the request, the department may enter into an agreement providing for the appointment of a temporary […]
The department may request that the Attorney General bring an action to enjoin either the continued operation of the facility or the closing of the facility in the superior court of the county in which an end stage renal disease facility is located in the name of and on behalf of the state or for […]
A temporary manager appointed under Code Section 31-44-13 or 31-44-14 is entitled to a reasonable fee as determined by the court. The fee shall be paid by the facility. A temporary manager appointed under Code Section 31-44-13 may petition the court to order the release to such manager of any payment owed such manager for […]
The board shall set fees imposed by this chapter in amounts reasonable and necessary to defray the costs of administering this chapter with due consideration to the amount of funds received from the federal government by the department for performance of medicare certification surveys of dialysis clinics. In setting fees under this Code section, the […]
The board shall adopt rules to implement this chapter, including but not limited to requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility. The rules adopted by the board pursuant to this Code section shall not conflict with any federal law or regulation applicable […]
Except as provided by Code Section 31-44-5, no person, business entity, corporation, or association may operate an end stage renal disease facility without a license issued under this chapter. Any end stage renal disease facility which is in operation when this chapter becomes effective for all purposes, and which has been certified for participation in […]
The following facilities are not required to be licensed under this chapter: A hospital permitted under Chapter 7 of this title that provides dialysis to individuals receiving services from the hospital; The office of a physician unless the office is used primarily as an end stage renal disease facility; or Federal or state agency facilities. […]
An applicant for a license under this chapter must submit an application to the department on a form prescribed by the department. Each application must be accompanied by a nonrefundable $100.00 application fee. Each application must contain evidence that there are sufficient qualified staff at the facility. The department may grant a temporary provisional license […]
The rules adopted under Code Section 31-44-3 must contain minimum standards to protect the health and safety of a patient of an end stage renal disease facility. History. Code 1981, § 31-44-7 , enacted by Ga. L. 2000, p. 526, § 1. Code Commission notes. Ga. L. 2000, p. 126, § 1, Ga. L. 2000, […]
An end stage renal disease facility may not employ or have working in that facility as a dialysis or reuse technician anyone other than an individual trained and competent pursuant to the rules promulgated under this chapter. History. Code 1981, § 31-44-8 , enacted by Ga. L. 2000, p. 526, § 1. Code Commission notes. […]
The rules adopted by the board under Code Section 31-44-3 shall establish: Minimum standards for the curricula and instructors used to train individuals to act as dialysis or reuse technicians; Minimum standards for the determination of the competency of individuals who have been trained as dialysis or reuse technicians; Minimum requirements for documentation that an […]
