Regulation detail

Ga. Comp. R. & Regs. 82-3-1

Up to date
Ask Ariadne
SR
Ga. Comp. R. & Regs. 82-3-1 active

82-3-1 ADULT CRISIS STABILIZATION UNITS

Jurisdiction: GA Agency: Georgia Department of Behavioral Health and Developmental Disabilities
MH_RESIDENTIAL (75%) OUTPATIENT (50%) SUD_RESIDENTIAL (75%)
Plain-English summary

Not yet summarized (run the AI pass).

View official source
Regulation text
Subject 82-3-1 ADULT CRISIS STABILIZATION UNITS

Rule 82-3-1-.01 Legal Authority

These regulations have been promulgated to ensure that basic
 statutory licensing requirements to operate Adult Crisis Stabilization Units
 (CSUs) and any associated Crisis Service Center (CSC) and/or Temporary
 Observation (Temp Obs) functions are met and to ensure that organizations
 providing this service promote the empowerment and recovery of the individuals
 they serve. These rules are adopted and published pursuant to the Official Code
 of Georgia Annotated (O.C.G.A) Sec.
 
37-1-29
. These rules and
 regulations supersede any and all prior operational standards related to the
 designation or certification of Crisis Stabilization Units.

Rule 82-3-1-.02 Title and Purpose

1.

 The purpose of these rules is to establish
 general licensing procedures, operational requirements and enforcement
 procedures required by the Department of Behavioral Health and Developmental
 Disabilities (DBHDD) for CSUs. The issuance of a CSU operating license requires
 compliance with these rules and regulations and authorizes the licensee to
 establish services to meet the needs of the individuals in a safe, therapeutic
 environment and to set forth the minimum requirements for providing short term
 residential, psychiatric stabilization and detoxification services.

2.

 Compliance with this chapter does not
 constitute release from the requirements of other applicable federal, state, or
 local laws, codes, rules, regulations and ordinances. This chapter must be
 followed where it exceeds other codes and ordinances.

3.

 Licensure of the CSU does not constitute
 an entitlement to any type or level of funding by DBHDD.

Rule 82-3-1-.03 Definitions

The following words and terms, when used in this chapter,
 shall have the following meanings, unless the context clearly indicates
 otherwise:

1.

Abuse means any
 unjustifiable intentional or grossly negligent act, exploitation or series of
 acts, or omission of acts which causes physical or mental injury or endangers
 the safety of an individual, including but not limited to, verbal abuse,
 assault or battery, failure to provide treatment or care, or sexual harassment
 of the individual;

2.

Adult means an
 individual who is either eighteen (18) years of age or older or an emancipated
 minor;

3.

Advanced Practice Nursing
 means practice under a "Nurse Protocol Agreement", which is a written document,
 mutually agreed upon and signed by an APRN and a physician, by which the
 physician delegates to that APRN the authority to perform certain medical acts
 pursuant to O.C.G.A. Sec.
 
43-34-25
, which may include
 without being limited to, the ordering of drugs, medical devices, medical
 treatments, diagnostic studies, or in life-threatening situations radiographic
 imaging tests; 

1.

Advanced Practice
 Registered Nurse, (hereinafter referred to as APRN), means a registered
 professional nurse licensed under Title 43, Chapter 25 of the Official Code of
 Georgia Annotated, who is recognized by the Georgia Board of Nursing as having
 met the requirements established by the Georgia Board of Nursing to engage in
 advanced nursing practice and who holds a master's degree or other graduate
 degree approved by the Georgia Board of Nursing and national board
 certification in his or her area of specialty, or a person who is recognized as
 an advanced practice registered nurse by the Georgia Board of Nursing on or
 before June 30, 2006;

2.

Behavioral
 Health Crisis Center (BHCC) is a CSU which includes CSC and Temp Obs functions
 and has the capacity to accept individuals in crisis who can present for
 screening, assessment and evaluation by the appropriate practitioner and can
 receive referral to the next appropriate level of care. A BHCC is licensed as
 CSU and all provisions herein apply;

3.

Certificate of Need as defined in O.C.G.A.
 Sec. 
31-6-2
 means an official
 determination by the Department of Community Health (DCH), evidenced by
 certification issued pursuant to an application, that the action proposed in
 the application satisfies and complies with the criteria contained in the
 Georgia Code and rules promulgated by DCH;

4.

Certified Addiction Counselor means an
 individual who is certified by one of the approved certifying bodies recognized
 by the state of Georgia, i.e. the Alcohol and Drug Abuse Certification Board of
 Georgia or the Georgia Addiction Counselor's Association;

5.

Charge Nurse means a registered nurse who
 has the responsibility for coordination and supervision of nursing services
 during the period of a work shift;

6.

Chemical Restraint means an
 over-the-counter or prescribed medication or drug that is administered to
 manage an individual's behavior in a way that reduces the safety risk to the
 individual or to others that has the effect of reducing the individual's
 freedom of movement and that is not a standard treatment for the individual's
 medical or psychiatric condition;

7.

Chief Executive Officer (CEO) means the
 person, by whatever title used, whom the governing body has delegated the
 responsibility for the management and operation of the facility including the
 implementation of the rules and policies adopted by the governing
 body;

8.

Commissioner means the
 commissioner of the Department of Behavioral Health and Developmental
 Disabilities (DBHDD);

9.

Contraband
 means any item or article of property that poses a threat to the security and
 safety of the CSU and any associated CSC and/or Temp Obs individuals,
 employees, visitors or public, or other items prohibited by CSU or state
 law;

10.

Crisis Bed means any bed
 operated by the Crisis Stabilization Unit excepting transitional beds as
 defined within;

11.

Crisis Service
 Center (CSC) provides short-term intervention designed to be time limited,
 generally a single episode that stabilizes the individual and moves them to the
 appropriate level. CSCs are generally open twenty-four hours, seven day a week
 and provide walk-in capacity for assessment, stabilization, and
 referral;

12.

Crisis Stabilization
 Unit (CSU) means a medically monitored short-term residential program that is
 licensed by the Department under these rules and designated by the Department
 as an emergency receiving and evaluating facility to provide emergency
 disability services that include providing psychiatric stabilization and
 detoxification services twenty-four hours a day, seven days a week. If a CSU
 operates a CSC and/or Temp Obs area in conjunction with the CSU, these areas
 are considered a part of the CSU for the purposes of these Rules and
 Regulations, as determined necessary and applicable by DBHDD to meet the needs
 of individuals in a safe, therapeutic environment;

13.

Department means the Department of
 Behavioral Health and Developmental Disabilities (DBHDD);

14.

Emancipated minor means a person who is at
 least sixteen (16) but less than eighteen (18) years of age where the rights of
 the minor's parents to the custody, control, services, and earnings of the
 minor have been terminated by operation of state law or pursuant to a valid
 emancipation order issued by a court of competent jurisdiction;

15.

Emergency Disability Services provided in
 a CSU and any associated CSC and/or Temp Obs means services provided to
 individuals who meet criteria for admission to an emergency receiving and
 evaluating facility on voluntary or involuntary status;

16.

Emergency Receiving Facility means a
 facility designated by the Department to receive individuals under emergency
 conditions as provided in Part 1 of Article 3 of Chapter 3, and Part 1 of
 Article 3 of Chapter 7 of Title 37 of the Official Code of Georgia
 Annotated;

17.

Evaluating Facility
 means a facility designated by the Department to receive individuals for
 evaluations as provided in Part 2 of Article 3 of Chapter 3, and Part 2 of
 Article 3 of Chapter 7 of Title 37 of the Official Code of Georgia
 Annotated;

18.

Governing Body means
 the Board of Trustees, the partnership, the corporation, the association, the
 person, group of persons or other legal entity that is legally responsible for
 operation of the CSU and any associated CSC and/or Temp Obs
 functions;

19.

Individual means any
 person applying to, or receiving services in a CSU and any associated CSC
 and/or Temp Obs;

20.

Individualized
 Recovery Plan (IRP) is the document that is initiated during an individual's
 admission to the CSU and is continued when the individual is discharged to the
 next level of care. The development of an IRP proceeds from a synthesis of (a)
 the reason for admission, (b) the individual's goals and choices, (c) treatment
 and recovery needs as identified by multidisciplinary assessments, (d)
 interventions, and (e) discharge criteria;

21.

Involuntary Status means admission of an
 individual who has a mental illness or an addictive disorder and who meets
 clinical criteria for admission, but who is unable or unwilling to provide
 informed consent for services pursuant to O.C.G.A. Secs.
 
37-3-41
,
 
37-7-41
;

22.

Law Enforcement Hold means that an
 individual is in the custody or control of law enforcement and must be
 discharged only to the custody of law enforcement;

23.

License means the official authorization
 granted by the Department pursuant to any of the provisions of O.C.G.A. Sec.
 
37-1-29
 and these rules to operate
 a CSU physically located in Georgia;

24.

Licensed/Certified Clinician in a CSU
 setting and its associated CSC and/or Temp Obs means a person who is licensed
 or certified, as specified by professional practice acts, as a LCSW, LMSW, LPC,
 APC, LMFT, AMFT, PhD, Psychologist or a CACII;

25.

Licensed Practical Nurse (LPN) means any
 person who holds a current license to practice nursing pursuant to O.C.G.A.
 Sec. 
43-26-32
et
 seq
;

26.

Licensing
 requirements means any provisions of law, rule, regulation, or formal order of
 the Department which apply to the CSU with respect to initial or continued
 authority to operate;

27.

Manual
 Hold (also known as Manual Restraint or Personal Hold) means the application of
 physical force, without the use of any device, for the purpose of restricting
 the free movement of an individual's body regardless of duration or
 timeframe;

28.

Medical Director
 means the chief medical officer who is physician with overall responsibility
 for treatment of individuals receiving services within the CSU and any
 associated CSC and/or Temp Obs or a physician appointed in writing as the
 designee of such chief medical officer;

29.

Nursing Administrator means a full time
 employee of the CSU who: 

a.

 Is a registered
 professional nurse;

b.

 Is
 responsible for: 

i.

 The management of the
 nursing staff in the CSU;

ii.

 Effective nursing care systems; and

iii.

 Ensuring continuous quality improvement
 in care.

30.

Nursing staff, as used in these rules,
 means the licensed and unlicensed assistive personnel providing direct care
 twenty-four hours a day, seven days a week. This includes the registered nurse
 in charge, other registered nurses on duty, licensed practical nurses, and
 unlicensed assistive personnel in the employ of the CSU and any associated CSC
 and/or Temp Obs;

31.

Physician means
 a person lawfully licensed in this state to practice medicine and surgery under
 the provisions of O.C.G.A. Sec.
 
43-34-20
et seq.

 Physician, as used in these rules, means physician as well as those
 practitioners to whom the physician may delegate authority as defined in
 Physician Extender below;

32.

Physician's Assistant means a skilled
 person who is licensed to a supervising physician and who is qualified by
 academic and practical training to provide patient services not necessarily
 within the physical presence but under the personal direction or supervision of
 the supervising physician pursuant to O.C.G.A. Sec.
 
43-34-102
et
 seq
;

33.

Physician Extender
 means an advanced practice registered nurse or a physician's assistant to whom
 the physician may delegate authority as defined in O.C.G.A. Secs.
 
43-34-23
, 43-24-25;

34.

Plan of Correction means a plan for
 correcting deficiencies in meeting rules and regulations of the
 Department;

35.

Psychiatrist means
 any physician certified as a diplomat in psychiatry by the America Board of
 Psychiatry and Neurology, or who has completed three (3) years of an approved
 residency training program in psychiatry and has had at least two (2) years of
 full-time practice in this specialty;

36.

Registered Professional Nurse (RN) means
 any person who holds a current license to practice nursing under O.C.G.A. Sec.
 
43-26-3
et
 seq
;

37.

Restraint means
 any method, device, material or equipment attached or adjacent to the
 individual's body that the individual cannot easily remove and that restricts
 freedom of movement or normal access to one's body. This includes use of a
 manual restraint; manual hold or personal hold; a physical device; a mechanical
 device; use of material that is any physical matter including cloth or fabric,
 or use of equipment; 

38.

Risk
 Mitigation Plan is a document which addresses safety management for CSUs for
 which the architectural structure and/or environment of care is not consistent
 with the applicable provision;

39.

Seclusion means the involuntary
 confinement of an individual alone in a room or area of a room from which the
 individual is physically prevented from leaving;

40.

Temporary Observation (Temp Obs) is a
 facility-based program that provides a physically secure and medically safe
 environment during which an individual in crisis is further assessed,
 stabilized and referred to the next appropriate level of care;

41.

Transitional Bed means a bed utilized for
 an individual on voluntary status who is transferred by order of a physician
 from a crisis bed but who remains within the CSU in a transitional bed during
 transition into the community. The designation of a transitional bed is not
 limited to a specific bed, but can also reference the individual during his/her
 transitional status;

42.

Treatment
 means care, diagnostic and therapeutic services, including the administration
 of medication, and any other service for an individual as defined in O.C.G.A.
 Sec. 
37-3-1
;

43.

Treatment Facility means a facility
 designated by the Department to receive individuals for involuntary commitment
 for treatment ordered by the Probate Court provided in Part 3 of Article 3 of
 Chapter 3 and Part 3 of Article 3 of Chapter 7 of Title 37 of the Official Code
 of Georgia Annotated;

44.

Treatment
 Team means physician, RN, licensed clinician, and related professionals such
 as, certified peer specialists, certified addiction counselors, etc;

45.

Unlicensed Assistive Personnel, as used in
 these rules, means individuals in the employ of the CSU and any associated CSC
 and/or Temp Obs who provide direct care and oversight to individuals served in
 the CSU and any associated CSC and/or Temp Obs, including, but not limited to,
 vital signs, activities of daily living, safety observations, and other duties
 as assigned. Unlicensed assistive personnel may be referred to as psychiatric
 assistants; certified nursing assistants, mental health assistants, healthcare
 technicians, or other recognized industry terms;

46.

Voluntary Status means admission of an
 individual who has a mental illness or an addictive disease who meets clinical
 criteria for admission, and who is able to understand and exercise the rights
 and powers of an individual on voluntary status pursuant to O.C.G.A. Secs.
 
37-3-20
,
 
37-7-20
.

Rule 82-3-1-.04 General Licensing Requirements

1.

A license is required to operate a CSU and
 its associated CSC and/or Temp Obs functions: 

a.

 No person, corporation or other entity
 shall offer or provide crisis stabilization services as defined in these rules
 unless designated as an emergency receiving and evaluating facility and
 licensed by the Department;

b.

 An
 applicant shall obtain a license prior to admitting individuals;

c.

 No license shall be issued by the
 Department unless the CSU and any associated CSC and/or Temp Obs functions are
 in compliance with these rules.

2.

 The CSU shall prominently and
 conspicuously display the license in a public area of the licensed premises
 that is readily visible to individuals, employees, and visitors. A CSU license
 shall not be altered.

3.

 A CSU
 license shall not be transferred or assigned and each CSU location shall be
 separately licensed.

4.

 The CSU
 shall obtain approval from the Department in writing for any change in bed
 capacity. Any change in Temporary Observation capacity shall also require
 Departmental approval.

5.

 The CSU
 shall notify the Department in writing at least thirty (30) days prior to, or
 in the event of an emergent change, within seventy-two (72) hours of any of the
 following occurrences:

a.

 Any construction,
 renovation, or modification of the CSU, CSC and/or Temp Obs
 buildings;

b.

 Date of cessation of
 operation of the CSU;

c.

 Moving to
 a new location;

d.

 Change in CSU
 name or telephone number;

e.

 Change
 in ownership; or f. Change in agency CEO, medical director, and/or nurse
 administrator of the CSU.

6.

 The license shall be returned to the
 Department immediately after the notification date When a CSU ceases to
 operate, is moved to another location, changes ownership, or the license is
 suspended or revoked. Failure to return the CSU license to the Department shall
 not mean the CSU is licensed. If the CSU receives notice from the Department
 that the license is no longer valid, the CSU shall no longer be considered to
 be licensed.

7.

 The Department may
 deny an agency a license for reasons, including but not limited to: 

a.

 The applicant fails to provide the
 required application or renewal information;

b.

 Operation of a CSU which has been
 decertified or had its contract cancelled under the Medicare or Medicaid
 program in any state; federal Medicare or state Medicaid sanctions or
 penalties; federal or state tax liens; unsatisfied final judgments; eviction
 involving any property or space used as a CSU; unresolved state Medicaid or
 federal Medicare audit; denial, suspension, or revocation of a hospital
 license, belonging to the governing body, owner or operator of an applicant,
 for a license for any health care facility in any state; a court injunction
 prohibiting ownership or operation of a facility;

c.

 Violation of any rules, regulations,
 local, state and federal laws.

Rule 82-3-1-.05 Application Requirements

1.

An application for a license to provide CSU
 and any associated CSC and/or Temp Obs services/functions shall be submitted on
 forms made available by the Department in a format acceptable to the
 Department. No application shall be acted upon by the Department until the
 application is determined complete by the Department with all required
 attachments submitted.

2.

The
 applicant shall submit the following documents to the Department no later than
 ninety (90) calendar days prior to the projected opening date of the CSU and
 any associated CSC and/or Temp Obs functions: 

a.

 An accurate and complete application
 form;

b.

 A working budget showing
 projected revenue and expenses for the first year of operation, including
 revenue plan;

c.

 Documentation of
 working capital: 

i.

 Funds or a line of credit
 sufficient to cover at least 90 days of operating expenses if the applicant is
 a corporation, unincorporated organization or association, a sole proprietor or
 a partnership;

ii.

 Appropriate
 revenue if the applicant is a state or local governmental agency, board or
 commission.

d.

 Documentation of authority to conduct business in the State of
 Georgia;

e.

 A separate twenty-four
 hour staffing plan for each service/function (CSU, CSC and/or Temp Obs) which
 includes nurses and physicians;

f.

 A floor plan with dimensions and with space and room function
 designations;

g.

 Number of proposed
 CSU beds; and proposed capacity in Temp Obs;

h.

 Photocopies of operating agreements with
 healthcare providers to provide care that is beyond the scope of the
 facility;

i.

 A program description
 signed by the medical director that includes, consistent with these rules and
 Department policy, admission and discharge criteria and procedures, including
 reasons for denial of admission, for both voluntary and involuntary individuals
 who do not meet admission criteria;

j.

 Proposed daily schedule of treatment and
 education options throughout twelve waking hours each day, to include treatment
 and educational opportunities responsive to the mental health, physical health
 and addictive disorder issues represented by individuals receiving
 services;

k.

 Fire Safety
 Documentation: 

a.

 For new construction,
 additions, and renovation projects, written approval by the local Building
 authority as well as well as a fire safety report (e.g., Fire Safety Inspection
 Report or a Certificate of Occupancy) in the jurisdiction in which the CSU and
 any associated CSC and/or Temp Obs is based, must be submitted before a license
 is issued;

b.

 For buildings already
 constructed, a copy of a fire safety report indicating approval by the local
 fire authority for the jurisdiction in which the CSU and any associated CSC
 and/or Temp Obs is based, dated within the last twelve (12) months of the
 projected opening date must be submitted before a license is issued.

l.

 Documentation of agency
 accreditation as required by Departmental policy.

3.

 The Department shall conduct announced or
 unannounced on-site reviews of all facilities and services to determine
 compliance with the rules and regulations to operate a CSU and any associated
 CSC and/or Temp Obs functions, prior to a license being granted.

Rule 82-3-1-.06 Issuance of Initial and Renewal of License

1.

When the Department determines that the
 applicant is in compliance with all applicable rules and regulations, the
 Department shall issue an initial license to the applicant. 

a.

The initial license for a new facility is
 valid for the first year of operation. The term of the initial license may not
 exceed one (1) year from the date of issuance;

b.

Prior to expiration of the initial license,
 the Department shall conduct a review of the CSU and/any associated CSC and/or
 Temp Obs functions for compliance with all applicable rules and
 regulations;

c.

Pursuant to a
 satisfactory review, the Department shall issue a license which shall be valid
 for a period of up to two (2) years.

2.

It shall be the responsibility of the CSU
 to complete and submit a renewal application for licensure, as required by the
 Department, which is postmarked at least ninety (90) calendar days prior to the
 expiration date of the current license. If the CSU fails to submit the
 completed renewal application, the Department shall provide notice by certified
 mail advising that unless the renewal application and licensure review is
 satisfactorily completed, the CSU is operating without a valid license and is
 subject to sanctions.

Rule 82-3-1-.07 Operational Scope of Services

Each CSU shall have a detailed description of the scope of
 services under which the CSU operates that includes, but is not limited
 to:

1.

The CSU and any associated CSC
 shall describe its capacity to serve both voluntary and involuntary
 individuals;

2.

The CSU and any
 associated CSC and/or Temp Obs shall clearly state in its policy that it is not
 a treatment facility as defined in O.C.G.A. Secs.
 
37-1-29
,
 
37-3-1(18)
;

3.

The services offered within the CSU shall
 be provided in a community based setting, and shall be described as crisis
 residential services rather than inpatient or hospital level of care
 service;

4.

The CSU shall not
 advertise or hold itself out as a hospital nor shall it bill for hospital or
 inpatient services;

5.

The CSU shall
 be exempt from any requirement of Georgia's Certificate of Need (CON)
 program;

6.

The facility shall
 pursue with due diligence operating agreements in writing, with one or more
 healthcare providers, to provide care that is beyond its scope: 

a.

Operating agreements shall be updated at a
 minimum every five (5) years as evidenced by date and signatures on the
 agreement document;

b.

The operating
 agreement with an inpatient treatment facility shall include the agreement that
 the CSU shall transfer the individual to the treatment facility on the existing
 involuntary legal document in sufficient time for the treatment facility to
 evaluate the individual and petition the court for involuntary treatment as
 necessary.

7.

The average
 annual length of stay in the crisis beds of the CSU shall not exceed eight (8)
 calendar days;

8.

The CSU shall
 report census and length of stay data as required to the Department for both
 crisis and transitional beds, respectively;

9.

The CSU shall give priority consideration
 to serving those individuals without private health care coverage;

10.

Individuals shall be billed in accordance
 with Departmental policy on payment for services;

11.

The CSU and any associated CSC and/or Temp
 Obs shall not refuse service to receive, evaluate, or stabilize any individual
 who meets criteria for services as defined in O.C.G.A. Sec.
 
37-1-29
 and Departmental
 Policy;

12.

The CSU shall not
 operate solely as a twenty-four hour residential service offering
 detoxification.

Rule 82-3-1-.08 Program Description

Each CSU shall have a description of services which shall
 clearly state the following:

1.

 The CSU
 is designed to serve as a first-line community based alternative to
 hospitalization, offering psychiatric stabilization and detoxification services
 on a short- term basis;

2.

 The
 target population is adults (eighteen (18) years or older). Individuals may
 also have other co-occurring diagnoses;

3.

 Emancipated minors may be served when the
 need for stabilization can be met when they do not need specialized adolescent
 services, and when their life circumstances demonstrate they are more
 appropriately served in an adult environment. Admissions to the CSU must be
 approved by the medical director;

4.

 Psychiatric stabilization and residential
 detox services are offered at a clinical intensity level which supports the
 level of care in DBHDD contracts and the DBHDD Provider Manual for Community
 Behavioral Health Providers;

5.

 The
 CSU and any associated CSC and/or Temp Obs shall have policies and procedures
 for identifying and managing individuals who meet the diagnostic criteria for a
 Substance Dependence Disorder;

6.

 The CSU and any associated CSC and/or Temp Obs shall have policies and
 procedures for providing a planned regimen of twenty-four hour professionally
 driven evaluation, care and treatment services for individuals who meet the
 diagnostic criteria for a Substance Dependence Disorder. All services offered
 within the CSU and any associated CSC and/or Temp Obs shall be provided under
 the direction of a physician. Consultation by a psychiatrist shall be available
 if the covering physician is not a psychiatrist;

7.

 A physician or psychiatrist shall be on
 call twenty-four hours a day and shall make rounds seven days a week. The
 physician is not required to be on site twenty-four hours a day, however the
 physician must respond to staff calls immediately (delay not to exceed one (1)
 hour);

8.

 The CSU and any
 associated CSC and/or Temp Obs shall provide emergency receiving, screening,
 and evaluation services twenty-four hours a day, seven days a week and shall
 have the ability to admit and discharge seven days a week;

9.

 The CSU and any associated CSC and/or Temp
 Obs shall have policies and procedures for identifying and managing individuals
 at high risk of suicide or intentional self- harm;

10.

 The functions performed by staff whose
 practice is regulated or licensed by the State of Georgia are within the scope
 allowed by state law and professional practice acts;

11.

 The CSU shall have a full-time position
 classified as a nursing administrator.

12.

 The CSU shall have an RN present within
 the CSU twenty-four hours a day, seven days a week who is the charge nurse for
 the CSU. For every thirty (30) CSU beds there shall be one (1) RN present at
 all times;

13.

 Staffing for the CSU
 shall be established based on the needs of individuals being served as follows:

a.

 At all times there shall be at least two
 (2) nursing staff present within the CSU including the charge nurse (if the
 charge nurse is an APRN, then he/she may not simultaneously serve as the
 accessible physician during the same shift);

b.

 The ratio of nursing staff to individuals
 shall not be less than 1:8 (including the charge)

c.

 The ratio of nursing staff to individuals
 shall increase on the basis of the clinical care needs of the individual,
 including required levels of observation for high risk individuals;

d.

 If a nursing staff is assigned a 1:1
 support role, then he/she shall not be counted in the 1:8 ratio
 above;

e.

 Utilization of licensed
 practical nurses (LPNs) in CSU shall be to provide technical support to the
 registered nurse by performing duties specified in O.C.G.A. Sec.
 
43-26-3
et
 seq.

14.

 Program offerings for the CSU shall be designed to meet the biopsychosocial
 stabilization needs of each individual, and the therapeutic content of the
 program (group therapy/training, individual therapy/training, education
 support, etc.) shall be annually approved by a licensed/certified clinician.
 This content is captured in a master file which will have the licensed
 clinician's approval, signature and date of review;

15.

 The CSU and any associated CSC and/or
 Temp Obs shall have protocols with respect to stabilization and transfer of
 individuals to a different level of care. The treating physician shall make the
 determination as to the time and manner of transfer to ensure no further
 deterioration of the individual during the transfer between facilities, and
 shall specify the benefits expected from the transfer in the individual's
 record;

16.

 The CSU shall designate
 a specific number of beds which may be used as a crisis bed or as a
 transitional bed with Department approval;

17.

 A physician must write an order for the
 individual's change in status from CSU crisis status to transition status. The
 CSU must record the date of transfer and the length of stay in the transitional
 bed for each episode of care.

Rule 82-3-1-.09 Evaluation and Admissions

1.

 The CSU must have written protocols for
 screening individuals presenting for evaluation pursuant to O.C.G.A Secs.
 
37-3-41
 and
 
37-7-41
. If screening results in
 an individual not being offered services or admitted to the CSU, the CSU shall
 maintain documentation of the rationale for the denial of services and referral
 of the individual.

2.

 Level of Care
 instruments defined in the DBHDD Provider Manual for Community Behavioral
 Health Providers will be utilized to determine the required need and resulting
 level of care for admission to the CSU.

3.

 The CSU shall not admit individuals
 presenting with issues listed under "Exclusion Criteria" in the Department's
 policy on medical exclusion guidelines and criteria. The CSU staff shall ask
 the referral source for information regarding the medical status of the
 individual. If there are medical status issues, the CSU physician may request
 additional information or waive medical clearance when clinically appropriate
 or when medical clearance is not available.

4.

 The CSU shall not refuse to receive for
 evaluation an individual who presents to the CSU for evaluation and/or
 stabilization.

5.

 Staff shall
 conduct a search of the individual, his or her clothing, and all personal
 effects before admission to the unit.

6.

 Personal searches of individuals (e.g.
 strip searches) are to be performed only for cause and shall be ordered by the
 physician. The rationale for the personal search must be clearly documented in
 the order. Sequential steps of the search, including documentation of staff
 involved by name and title, must be recorded in the progress notes section of
 the clinical record. Mandatory removal of clothing or standing orders for
 personal searches is not permitted.

7.

 An initial screening for risk of suicide
 or harm to others shall be conducted for each individual presenting to the CSU,
 and its associated CSC and/or Temp Obs for evaluation.

8.

 A physician must assess each individual
 within twenty-four (24) hours of admission, to the CSU, document the findings
 of the assessment(s), and write orders for care.

9.

 Orders for care shall include the
 clinically appropriate level of observation for the individual.

Rule 82-3-1-.10 Provision of Individualized Care

1.

 An Individualized Recovery Plan (IRP)
 shall be developed and written within seventy- two (72) hours of admission on
 the basis of assessments conducted by the physician, registered nurse and
 professional social work or counseling staff. A major goal of each IRP shall be
 the individual's stabilization and recovery. For individuals with both
 substance abuse and mental health diagnoses, the IRP shall address issues
 relative to both diagnoses. 

2.

 At
 a minimum, this IRP shall be developed in collaboration with the individual,
 and shall include the following: 

a.

 A problem
 statement or statement of needs to be addressed;

b.

 Goals that are consistent with the
 individual's needs, realistic, measurable, linked to symptom reduction, and
 attainable by the individual during the individual's projected length of
 stay;

c.

 Objectives, stated in
 terms that allow measurement of progress, that build on the individual's
 strengths;

d.

 Specific treatment
 offerings, methods of treatment and staff responsible to deliver the
 treatments;

e.

 Interventions and
 preferred approaches that are responsive to findings of past trauma and
 abuse;

f.

 Evidence of involvement
 by the individual, as documented by his or her signature or refusal/ability to
 sign;

g.

 Signatures of all staff
 participating in the development of the plan.

3.

 The IRP shall be reviewed at a minimum
 every seventy-two (72) hours by a treatment team to assess the need for the
 individual's continued stay in the CSU. The IRP shall be updated as appropriate
 when the individual's condition or needs change.

4.

 The physician shall, at a minimum: 

a.

 Conduct the initial assessment of the
 individual;

b.

 Establish a
 diagnosis and write care orders;

c.

 Document the rationale for medications prescribed;

d.

 Assess the individual's response to care
 and services provided; and

e.

 Conduct an assessment of the individual at the time of discharge.

5.

 Discharge summary information
 shall be provided to the individual at the time of discharge that includes: 

a.

 Criteria describing evidence of
 stabilization and discharge planning;

b.

 Significant findings relevant to the
 individual's recovery (strengths, needs, preferences);

c.

 Specific instructions for ongoing
 care;

d.

 Individualized
 recommendations for continued care to include recovery supports, community
 services, if indicated; and

e.

 Contact information for how to access community services.

Rule 82-3-1-.11 Documentation of Care

The CSU shall maintain a clinical record for each individual,
 which may be recorded manually or electronically. The clinical record shall
 contain chronological information on all matters relating to the admission,
 care and treatment, discharge and legal status of the individual, and shall
 include documents relating to the individual. The clinical record shall include
 at least the following:

1.

 Record of
 evaluation for admission and outcome of the evaluation, including the date,
 time, name and credentials of the professional conducting the
 evaluation;

2.

 Legal status
 documents for admission and continued stay in the CSU, as detailed in O.C.G.A.
 Secs. 
37-3-1
et seq.
 and
 37-7-1 
et seq
; 

3.

 Documentation of guardianship, whenever applicable;

4.

 Assessments, to include psychiatric,
 physical health, nursing and psychosocial status; physician orders;

5.

 Every order given by telephone shall be
 received by an RN or LPN and shall be recorded immediately with the ordering
 physician's name, and shall be reviewed and signed by a physician within
 twenty-four (24) hours. Specific to the ordering of medication, documentation
 shall demonstrate evidence that an order was made by telephone, the content of
 order, and date of the order;

6.

 Documentation by the physician of the individual's response to care, including
 rationale for changes in orders or levels of observation;

7.

 An IRP which specifies individualized
 interventions responsive to the needs of the individual;

8.

 Documentation of implementation of
 interventions, including the individual's response to the
 interventions;

9.

 Location and type
 of treatment or education provided, including the date and time of treatment or
 education, the name and credentials of the professional or other staff
 providing the service, and the response of the individual to the treatment or
 education;

10.

 Evidence of progress
 toward stabilization and recovery, or lack thereof;

11.

 Documentation of medical testing (if
 any), medical findings and medical care needs or interventions
 provided;

12.

 Documentation of
 continued stay justifications;

13.

 Documentation at least once per day by an RN as to the status of the
 individual;

14.

 Documentation of
 events or incidents that affect care and treatment, including the individual's
 response;

15.

 Record of
 implementation of emergency safety interventions of last resort (seclusion or
 restraint), if implemented;

16.

 Name and title of staff providing care and treatment; and

17.

 Discharge notes and aftercare plans,
 including the individual's status at discharge, ongoing needs, aftercare plan,
 and the date, time and method of discharge.

Rule 82-3-1-.12 Protection and Safety of the Individual and of Others

1.

 The CSU and any associated CSC and/or Temp
 Obs shall have procedures regarding authorized entry and/or exit between and
 from the facility services.

2.

 The
 CSU and any associated CSC and/or Temp Obs shall have policies and procedures
 to protect and respect individuals' rights and privacy while conducting
 searches.

3.

 The CSU and any
 associated CSC and/or Temp Obs shall have control of potentially injurious
 items, clearly defined in policy to include, but may not be limited to: 

a.

 Prohibition of flammables, toxins, ropes,
 wire clothes hangers, sharp-pointed scissors, luggage straps, belts, knives,
 shoestrings, or other potentially injurious items;

b.

 Management of housekeeping supplies and
 chemicals, including procedures to avoid access by individuals during use or
 storage. Whenever practical, supplies and chemicals shall be non-toxic or
 non-caustic;

c.

 Safeguarding use
 and disposal of nursing and medical supplies including drugs, needles and other
 "sharps" and breakable items.

4.

 Except as otherwise provided byassociated
 CSC and/or Temp Obs. The facility shall post notices regarding the prohibition
 of w law, weapons shall be prohibited at the CSU and any weapons at all
 entrances and shall have written protocols addressing the same.

5.

 The CSU and any associated CSC and/or Temp
 Obs shall develop and implement policies and practices, consistent with
 Departmental policy, that describe interventions to prevent crises and minimize
 incidents when they do occur, that are organized in a least to most restrictive
 sequence. The written policies and procedures shall: 

a.

 Emphasize positive approaches to
 interventions;

b.

 Protect the
 health and safety of the individual served at all times;

c.

 Specify the methods for documenting the
 use of the interventions; the admission assessment shall contain an assessment
 of past trauma or abuse, how the individual served would prefer to be
 approached should he or she become dangerous to him or herself or to others and
 the findings from this initial assessment shall guide the process for
 determining interventions.

6.

 The CSU shall develop and implement
 internal policies and practices for use of seclusion or restraint that are
 consistent with federal and state laws, rules, regulations and DBHDD policy: 

a.

 Seclusion or restraint, as defined in
 these regulations, shall be used only as an emergency safety intervention of
 last resort to ensure the physical safety of the individual and others, and
 shall be used only after less restrictive interventions have been determined to
 be ineffective;

b.

 Seclusion or
 restraint shall not be used as punishment or for the convenience of
 staff

c.

 Seclusion and restraint
 shall not be implemented simultaneously;

d.

 All individuals placed in restraints shall
 be afforded full privacy away from other individuals receiving
 services;

e.

 Chemical restraint as
 defined by the Code of Federal Regulations shall not be utilized under any
 circumstances;

f.

 Staff and
 individuals shall be debriefed immediately following an episode of seclusion or
 restraint, identifying the circumstances leading up to the seclusion or
 restraint;

g.

 The individual's IRP
 shall be updated following the debriefing of what led to a seclusion or
 restraint episode, including changes that could be made to prevent the
 situation from reoccurring or better support the individual if future issues do
 occur.

7.

 The CSU and
 any associated CSC and/or Temp Obs shall develop policies and procedures for
 implementing suicide prevention interventions addressing: screening, crisis
 safety plan, assessments, staffing, levels of observation and documentation in
 accordance with DBHDD policy.

a.

 Policies and
 procedures shall require constant visual observations of persons clinically
 determined to be actively suicidal;

b.

 A person assessed to be potentially
 suicidal shall be on a higher level of supervision;

c.

 Modifications or removal of suicide
 prevention interventions shall require clinical justification determined by an
 assessment and shall be specified by the attending physician and documented in
 the clinical record;

d.

 A
 registered professional nurse or other licensed/certified clinician may
 initiate suicide prevention interventions prior to obtaining a
 physician/psychiatrist's order, but in all instances must obtain an order
 within one (1) hour of initiating the intervention;

e.

 Staff shall be debriefed immediately
 following a suicide attempt, identifying the circumstances leading up to the
 suicide attempt;

f.

 The
 individual's IRP shall be updated following the debriefing of what led to the
 suicide attempt, including changes that could be made to prevent the situation
 from reoccurring or to better support the individual if future issues do
 occur.

8.

 Other
 high-risk behaviors such as assaultive behavior shall be addressed in the CSU
 policies and procedures.

Rule 82-3-1-.13 Pharmacy Services and Management of Medication

1.

 All pharmacy operations or services within
 the CSU must be licensed and under the direct supervision of a registered
 pharmacist or provided by contract with a licensed pharmacy operated by a
 registered pharmacist.

2.

 The CSU
 must ensure access to pharmacy services for prescription medications within
 eight (8) hours of the physician's order. 

3.

 Stat medication not maintained in the CSU
 must be available for administration within one (1) hour of the order to give
 the medication. 

4.

 Any request for
 exemptions for requirements regarding a pharmacy license must be submitted in
 writing to the Georgia State Board of Pharmacy.

5.

 The CSU shall establish and implement
 policies, procedures and practices that guide the safe and effective use of
 medications and shall, at a minimum, address the following: 

a.

 Medications and medical care orders shall
 be written, signed, administered, and implemented upon direct order from a
 physician, as defined in O.C.G.A. Secs.
 
43-34-23
,
 
43-34-25
;

b.

 Medications shall be used solely for the
 purposes of providing effective treatment and protecting the safety of the
 individual and other persons and shall not be used as punishment or for the
 convenience of staff or as chemical restraint;

c.

 There shall be no standing orders for any
 psychotropic medication;

d.

 Medication management policies and procedures shall follow federal and state
 laws, rules and regulations, and shall direct the management of medication
 ordering, procurement, prescribing, transcribing, dispensing, administration,
 documentation, wasting or disposal and security, to include the management of
 controlled substances, floor stock, and physician sample medications;

e.

 There shall be documented evidence of
 oversight by the medical director for the accounting of and dispensing of
 sample medications;

f.

 The CSU
 shall develop a policy on informed consent on medication, including the right
 to refuse medication;

g.

 The CSU
 shall follow the Department's policies and procedures for Informed Consent and
 Involuntary Administration of Psychotropic Medication;

h.

 There shall be a process to identify,
 track and correct deviations in medication prescribing, transcribing,
 dispensing, administration, documentation, or drug security of ordering or
 procurement of medication that results in a variance;

i.

 The CSU shall develop and implement
 policies and procedures that describe actions to follow when drug reactions and
 other emergencies related to the use of medications occur, and emergency
 medical care that may be initiated by a registered nurse in order to alleviate
 a life threatening situation; and

j.

 The CSU shall conduct daily checks and maintain temperature logs for all
 medication room refrigerators. Temperatures for the refrigerator shall be set
 between 34°F to 41°F (1°C to 5°C).

Rule 82-3-1-.14 Laboratory Services

1.

 Laboratory work and other diagnostic
 procedures deemed necessary shall be performed as ordered by the
 physician.

2.

 Any CSU that
 processes laboratory tests on-site shall provide documented evidence of a
 current Clinical Laboratory Improvement Amendment waiver.

Rule 82-3-1-.15 Food Services

All CSU food service operations shall comply with current
 federal and state laws and rules concerning food service and shall
 include:

1.

 At least three (3)
 nutritious meals per day shall be served;

2.

 Nutritional snacks shall be available to
 each individual;

3.

 No more than
 fourteen (14) hours may elapse between the end of an evening meal and the
 beginning of a morning meal;

4.

 Therapeutic diets shall be provided when ordered by the physician;

5.

 Under no circumstances may food be
 withheld for disciplinary reasons;

6.

 The CSU must have a sufficient designated
 area to accommodate meal service. 
 
Individuals may eat or be served in shifts during daily
 operations. The eating area may double as a group or activity
 area;

7.

 If food is prepared
 by the CSU, the CSU must have a satisfactory food service permit score,
 pursuant to Georgia Department of Human Services, Public Health, Food Service,
 290-5-14-.10. If applicable, a copy
 of the current food service permit must be on file in the CSU;

8.

 The CSU may utilize meal preparation
 services from an affiliated or contracted entity with a current food service
 permit. There shall be a formal contract between the CSU and the contracted
 food entity containing assurances that the contracted food entity will meet all
 food service and dietary standards imposed by this rule;

9.

 If the CSU elects to have meals prepared
 off-site, the CSU will have a modified kitchen that includes a microwave, a
 refrigerator, an ice maker and clean-up facilities;

10.

 The CSU must maintain a daily temperature
 log for the freezer(s) and refrigerator(s). 
 
Temperatures for the refrigerator shall be set between
 34°F and 41°F (1°C to 5°C) and the freezer temperature should
 be set between 0°F and 10°F (-17°C to -15°C);

11.

 Foods, drinks and condiments shall be
 dated when opened and discarded when expired;

12.

 Each CSU shall maintain a three-day
 supply of non-perishable emergency food and water at all times.

Rule 82-3-1-.16 Infection Control and Prevention

The CSU and any associated CSC and/or Temp Obs functions
 shall develop and implement policies and procedures for infection control and
 prevention that include the following:

1.

 Standard precautions are defined and the
 use of personal protective equipment when handling blood, body substances,
 excretions and secretions are outlined;

2.

 Proper hand washing techniques are
 outlined;

3.

 Proper disposal of
 biohazards, such as potentially infected waste and spills- management, needles,
 lancets, scissors, tweezers and other sharp instruments is described;

3.

 Prevention and treatment of needle
 stick/sharp injuries are outlined;

4.

 The management of common illnesses such
 as, but not limited to Methicillin-Resistant Staphylococcus Aureus
 
(
MRSA), colds and influenza, gastrointestinal viruses, pediculosis
 and tinea pedis, etc. is described;

6.

 Specific procedures to manage infectious
 diseases including but not limited to tuberculosis, hepatitis B, Human
 Immunodeficiency Virus (HIV), Acquired Immune Deficiency Syndrome (AIDS) or
 other infectious diseases are described;

7.

 Handling and maintenance of individual
 care equipment is described;

8.

 The
 infection control risk assessment and plan is reviewed annually for
 effectiveness and revision, if necessary;

9.

 The CSU and any associated CSC and/or Temp
 Obs shall have written hygienic practices and procedures regarding the
 management of linens and minimizing healthcare-associated infections, including
 collection, sorting, transport, washing and storage of soiled linens. The
 practices shall be based upon a cited expert source (such as the U.S. Centers
 for Disease Control and Prevention) and updated annually to ensure the
 procedures reflect evolving standard practice. At a minimum, the facility
 shall:

a.

 Have immediately available a
 quantity of clean bed linens and towels, etc., essential for the proper care of
 individuals at all times; and 

b.

 Have collection, sorting, and cleaning procedures which are designed to prevent
 contamination of the environment, individuals served, and personnel.

10.

 In relation to individuals who
 are carriers of an infectious illness, the transfer and the release of
 confidential information to select unit medical and nursing staff on a need to
 know basis is addressed; and

11.

 Hand washing facilities provided in both the kitchen and the bathroom areas
 shall include hot and cold running water, soap dispensers, disposable towels
 and/or hand blowers.

Rule 82-3-1-.17 Rights and Responsibilities of Individuals

1.

 The CSU and any associated CSC and/or Temp
 Obs functions shall safeguard the rights of individuals treated pursuant to
 applicable state laws and rules and regulations.

2.

 The CSU and its associated CSC and/or Temp
 Obs functions shall maintain a written statement of rights and responsibilities
 for individuals receiving services, as articulated in DBHDD rule and
 policy.

3.

 During receipt of
 services and/or admission to the CSU, each individual shall receive a written
 statement of his or her rights and responsibilities. Receipt of this
 information shall be documented in the clinical record and validated by the
 signature of the individual. If the individual is unable or unwilling to sign,
 this shall be recorded.

4.

 The CSU
 and its associated CSC and/or Temp Obs functions shall inform the individual or
 guardian in writing of any changes in rights and responsibilities.

5.

 Individual rights related to required
 notices, lengths of stay on involuntary status, or other processes related to
 rights specified in Georgia law, DBHDD rule or policy, shall be
 maintained.

Rule 82-3-1-.18 Confidentiality

The CSC and any associated CSC and/or Temp Obs functions
 shall:

1.

 Have records management
 policies, procedures and practices to manage and to protect the confidentiality
 and protected health information of individuals' records, to include electronic
 records;

2.

 Have records management
 policies which support secure, organized records and shall be consistent with
 all applicable policies and procedures and federal and state laws and
 regulations;

3.

 Ensure that the
 individual's rights regarding his or her own confidential and protected health
 information are protected, including but not limited to, access to protected
 health information, requesting amendment(s) to the clinical record, requesting
 restriction of disclosure, and requesting an accounting of disclosures that
 have been made;

4.

 Have a Notice of
 Privacy Practices regarding confidentiality of the individual's protected
 health information, which Notice shall comply with the requirements of Health
 Insurance Portability and Accountability Act (HIPAA);

5.

 Post the Notice of Privacy Practices at
 all times in the admissions area and in prominent locations where it is
 reasonable to expect individuals to be able to read the notice. Additional
 copies must be available for distribution upon request;

6.

 Provide a copy of the Notice of Privacy
 Practices to the individual and his or her representatives, as defined by state
 law, upon the individual's admission;

7.

 Have policies, procedures and practices
 that are compliant with the requirements of HIPAA regarding: 

a.

 Complaints regarding violation of
 confidentiality and privacy rights;

b.

 Reports of breaches of HIPAA to the
 Department, and as required by law when applicable to the individual, to the
 United States Secretary of Health and Human Services, and to the
 media;

c.

 Sanctions of employees
 for violations of HIPAA; and

d.

 Identifying business associates, as defined by HIPAA, of the CSU and obtaining
 satisfactory assurances of the business associates' compliance with the
 requirements of HIPAA.

8.

 Ensure the clinical record, information about an individual contained in
 incident reports and any documents that are not part of the clinical record,
 and all information about an individual whether oral or written, and regardless
 of how stored, is confidential;

9.

 Not, unless authorized in writing by a valid authorization signed by the
 individual, or by applicable law:

a.

 Confirm
 or deny whether an individual is receiving or has received services from the
 CSU; or 

b.

 Disclose any
 confidential or protected health information regarding the
 individual.

Rule 82-3-1-.19 Documentation of Legal Status

The legal status of each individual shall be clearly recorded
 within the clinical record to include:

1.

 Documenting the legal and clinical basis
 for the individual's admission to the CSU, whether voluntary or involuntary,
 consistent with all applicable state laws, rules and regulations;

2.

 Documentation of the legal and clinical
 basis for continued admission to the CSU for purposes of evaluation when
 consistent with all applicable state laws, rules and regulations;

3.

 A record of voluntary or involuntary
 status change, including the date and time of such change;

4.

 Documentation of the assessment of the
 individual's capacity to understand and exercise the rights and powers of
 voluntary admission; and

5.

 Where
 specific Departmental legal forms exist to document any of the above mentioned
 actions, those forms shall be utilized.

Rule 82-3-1-.20 Performance Improvement Plan and Activities

The CSU and any associated CSC and/or Temp Obs functions
 shall develop a quality assurance plan and update it annually:

1.

 The quality assurance plan shall address
 and ensure a comprehensive integrated review of all services and practices
 which shall include, but shall not be limited to the following: 

a.

 High-risk situations and special cases
 (such as suicide, death, serious injury, violence and abuse of any individual)
 are reviewed within twenty-four (24) hours;

b.

 Medical emergencies;

c.

 Medication variance;

d.

 Infection control;

e.

 Emergency safety interventions including
 any instances of seclusion or restraint; and

f.

 Environmental safety and maintenance,
 including an environmental scan which self-assesses risk for individuals served
 by or working in the facility and identified strategies and subsequent plans
 for mitigating those risks.

2.

 The quality assurance plan shall use
 performance measures and data collection that continually assess and improve
 the quality of the services being delivered;

3.

 The quality assurance committee shall
 submit a quarterly report to the nursing administrator, medical director,
 agency CEO, and governing body for their review and appropriate
 action;

4.

 The CEO and governing
 body shall evaluate the facility's effectiveness in improving
 performance.

Rule 82-3-1-.21 Environment of Care

Areas accessible by individuals shall meet the following
 requirements:

1.

 The CSU and any
 associated CSC and/or Temp Obs shall maintain an environment that is clean and
 is in good repair;

2.

 The
 environment of the CSU shall have natural light and exterior views;

3.

 The general architecture of the CSU and
 any associated CSC and/or Temp Obs, along with tools and technology, shall
 provide for optimal line-of-sight observations from the nurses' station
 throughout the unit, mitigating hidden spots and blind corners;

4.

 The CSU shall be a locked
 facility;

5.

 Interior finishes,
 lighting, and furnishings of the CSU and any associated CSC and/or Temp Obs
 shall conform to applicable fire and safety codes as classified for
 
Health Care Occupancy/Limited Care Facilities 
in the current
 edition of National Fire Protection Association's NFPA 101 Life Safety Code
 Handbook, Chapter 18/19: New and Existing Health Care Occupancies;

6.

 Furnishings, hardware, fixtures, or
 protrusions of the CSU and any associated CSC and/or Temp Obs must be: 

a.

 Made of materials which mitigate the risk
 of use as weapons or for self-harm (hanging, cutting, etc.);

b.

 Intact and functional;

c.

 Maintained in good condition;
 and

d.

 Tamper
 resistant.

7.

 The ceiling
 and the air distribution devices, lighting fixtures, sprinkler heads, and other
 appurtenances of the CSU and any associated CSC and/or Temp Obs shall be of the
 tamper-resistant type;

8.

 Doors of
 the CSU must meet the following requirements: 

a.

 Doors in seclusion and/or restraint rooms
 shall not be locked from within;

b.

 The CSU shall have a policy in effect to address locking doors in bedrooms and
 bathrooms which will address an individual's privacy and safety and which
 addresses staff access at all times to supervise and monitor that individual's
 clinical status and safety;

c.

 The
 CSU must have written risk management protocols in place to address situations
 in which an attempt might be made to prevent access to any area of the
 CSU;

d.

 If the CSU is equipped with
 electronic locks on internal doors or egress doors, the CSU shall ensure that
 such locks have manual common key mechanical override that will operate in the
 event of a power failure or fire;

9.

 Light switches and electrical outlets of
 the CSU and any associated CSC and/or Temp Obs shall be secured with
 tamper-resistant type screws;

10.

 For CSUs and any associated CSC and/or Temp Obs which are new facilities and
 who apply for licensure on or after (PUBLISH DATE OF NEW RULES), sprinkler
 heads shall be flush mounted on ceilings lower than nine (9) feet. Sprinklers
 shall have institutional heads that are recessed and drop down when
 activated;

11.

 Security and safety
 devices of the CSU and any associated CSC and/or Temp Obs shall be mounted,
 installed, secured in a manner which:

a.

 Mitigates the risk of use as weapons or for self-harm (hanging, cutting,
 etc.);

b.

 Prevents interference;
 and

c.

 Prevents any attempt to
 render inoperable with its purpose as a security device.

12.

 Upon request, the CSU and any associated
 CSC and/or Temp Obs shall provide a means of locked storage for any
 individual's valuables or personal belongings;

13.

 The CSU and any associated CSC and/or
 Temp Obs must have policies/procedures to address identification, detection,
 handling, and storage of individuals' belonging that are determined to be
 potentially harmful;

14.

 The CSU
 and any associated CSC and/or Temp Obs shall maintain the environmental
 temperature between 65°F and 82°F (18°C to 27°C);

15.

 The interior of the CSU, and any
 associated CSC and/or Temp Obs shall be non- smoking. If the CSU offers
 smoking, the facility must designate a sheltered, outside space as a smoking
 area;

16.

 Lighting fixtures of the
 CSU and any associated CSC and/or Temp Obs shall be recessed and
 tamper-resistant with Lexan or other strong translucent materials;

17.

 Windows shall be protected with Lexan or
 other shatter-resistant material that will minimize breakage;

18.

 The CSU and any associated CSC and/or
 Temp Obs shall be equipped and maintained so as to provide a sufficient amount
 of hot water for individuals' use;

19.

 Heated water provided for individuals'
 use must be maintained between 110°F and 120°F (43°C and
 48°C);

20.

 The CSU and any
 associated CSC and/or Temp Obs must have policies/procedures to routinely check
 and document the hot water temperature at various outlets throughout the CSU
 and to correct any variance from the standard temperature if needed;

21.

 The CSU and any associated CSC and/or
 Temp Obs shall have consistently available drinking water for individuals'
 access using mechanisms which meet general expectation of infection control
 procedures;

22.

 The pre-admission
 waiting area of the CSU, including restroom(s), must meet all safety
 requirements applicable to designated individual areas;

23.

 The CSU and any associated CSC and/or
 Temp Obs shall have written policies and procedures for the provision of, or
 arrangement for, services for individuals with physical disabilities (including
 those with sensory impairments) in compliance with all federal rules and
 regulations;

24.

 The CSU and any
 associated CSC and/or Temp Obs shall have facilities accessible to and usable
 by physically disabled individuals which meet the minimum requirements of
 Section 504 of the Rehabilitation Act of 1973. CSUs shall install required
 alterations or modifications in accordance with the 1984 Law of Georgia
 regarding Access to and Use of Public Facilities by Physically Handicapped
 Persons O.C.G.A. Sec.
 
30-3-1
et
 seq
;

25.

 The CSU and any
 associated CSC and/or Temp Obs shall maintain safety equipment to include an
 Automated External Defibrillator (AED) and all other necessary medical safety
 supplies;

26.

 The CSU shall provide
 laundry facilities on the premises for the individual's personal
 laundry;

27.

 Entrances and exits,
 sidewalks, and escape routes of the CSU and any associated CSC and/or Temp Obs
 shall be constantly maintained free of all impediments and hazards;

28.

 The CSU shall have at least one (1)
 operable, non-pay telephone which is private and accessible at reasonable times
 for use by the individual; and

29.

 The CSU shall, at a minimum, have designated areas within its facility which
 meet the following requirements:

a.

 A
 
screening area 
with capacity to be locked where searches can be
 done in a private and safe manner, respecting individual rights and
 privacy;

b.

Exam
 room;

c.

 Bedrooms
:

i.

 Beds and other heavy
 furniture capable of use to barricade a door shall be secured to the floor or
 wall;

ii.

 The use of beds with
 springs, cranks, rails or wheels, including hospital beds, rollaway beds, cots,
 bunk beds, stacked, hide-a beds and studio couches is prohibited;

iii.

 Rooms utilized for more than one
 individual shall have a minimum of 60 (sixty) square feet per individual; a
 private room shall not be less than 80 (eighty) square feet.

iv.

 Windows may be textured to provide
 privacy without the use of curtains or blinds.

d.

Bathrooms
: 

i.

 The CSU shall have gender specific
 bathrooms with proper ventilation;

ii.

 Exposed plumbing pipes shall be covered
 to prevent individual access;

iii.

 The CSU shall have a minimum ratio of one (1) shower for each six (6)
 individuals receiving services and one (1) toilet and lavatory for each six (6)
 individuals receiving services;

iv.

 Individual shower stalls and dressing areas shall be provided;

v.

 The CSU shall have a bathroom facility
 that is in compliance with the Americans with Disabilities Act (ADA) for use by
 individuals with physical disabilities. It shall include toilet, lavatory,
 shower and flush-mounted safety grab bars;

vi.

 Access to a bathroom shall not be through
 another individual's bedroom;

vii.

 The shower head shall be recessed or have a smooth curve from which items
 cannot be hung;

viii.

 Overhead
 rods, fixtures, privacy stalls, supports or protrusions must be selected and
 installed in a manner which mitigates the risk of use of weapons or for
 self-harm (hanging, cutting, etc.). If the physical plant space of the CSU is
 prohibitive of this, there must be written policies and protocols to monitor
 and reduce this risk with supporting evidence of compliance to these policies
 and protocols;

ix.

 The toilet shall
 be secured and tamper resistant;

x.

 Mirrors shall not be common glass and must be fully secured and flat mounted to
 the wall is required.

e.

 Seclusion and/or Restraint Room. 
For CSUs which apply for
 licensure on or after (PUBLISH DATE OF NEW RULES), the privacy of the person is
 protected by the seclusion and/or restraint room location either being not
 visible from the common consumer areas, or if visible, the seclusion and/or
 restraint room is constructed to be offset from main thoroughfares and have
 restricted visibility to the interior of the room: 

i.

 At least one (1) identified room used for
 seclusion and/or restraint shall have a bed commercially designed for use with
 restraints that is bolted to the floor and without sharp edges. The surface of
 the bed must be impermeable to resist penetration by body fluids;

ii.

 The floors and walls, up to a height of
 three (3) feet, shall be finished to resist penetration of body fluids; and be
 constructed of a high impact sheetrock;

iii.

 For CSUs which apply for licensure on or
 after (PUBLISH DATE OF NEW RULES), the seclusion and/or restraint room shall
 have a minimum of seventy (70) square feet with one wall of the room no less
 than nine (9) feet in length;

iv.

 For CSUs which apply for licensure on or after (PUBLISH DATE OF NEW RULES), the
 ceiling height shall be at least nine (9) feet;

v.

 The door to the room shall open
 outward;

vi.

 The bed placement in
 the seclusion and/or restraint room shall provide adequate space for staff to
 apply restraints and shall not allow individuals to access the lights, smoke
 detectors or other items that may be in the ceiling of the room;

vii.

 Rooms used for seclusion and/or
 restraint must provide staff full visual access to the individual and shall
 include a vision panel installed in the door;

viii.

 Where the interior of the seclusion
 and/or restraint room is padded; it is in good repair and must be fully
 intact.

f.

 Fenced
 Recreational Area: 

i.

 The CSU shall have an
 outdoor area enclosed by a privacy fence no less than six (6) feet high, where
 individuals may have access to fresh air and exercise. It must provide privacy
 from public view and shall not provide access to contact with the public;

ii.

 This area shall be constructed
 to retain individuals inside the area and minimize elopements from the
 area;

iii.

 The fenced area shall be
 designed for safety without blind corners to be readily visible by one staff
 individual standing in a central location, and designed to minimize
 elopement.

30.

 CSUs and any associated CSC and/or Temp Obs shall meet rules specified in Rule
 82-3-1-.21, Environment of Care or
 shall submit a Risk Mitigation Plan to the Department for approval addressing a
 particular citation and related protocols for safety management. This shall be
 submitted at the time of licensing review and annually thereafter.

Rule 82-3-1-.22 Fire Prevention and Safety Requirements

1.

 The CSU and any associated CSC and/or Temp
 Obs functions shall have an emergency fire and disaster plan that includes the
 following: 

a.

 Protocols for and documentation
 of practice of monthly fire drills rotated so that all shifts have had at least
 one (1) drill quarterly including time taken to complete the drills and
 follow-up recommendations for drills that are unsatisfactorily
 completed;

b.

 Disaster drills
 protocols such as flood, tornado, and hurricane are practiced at least
 quarterly;

c.

 Directions for
 evacuation of the CSU and any associated CSC and/or Temp Obs utilizing posted
 evacuation routes;

d.

 Preparation
 of the individuals for evacuation;

e.

 Documentation of monthly fire extinguisher
 inspection;

f.

 Documentation of
 annual inspections of other safety mechanisms such as sprinklers, smoke alarms,
 emergency lights, kitchen range/hood, etc.

g.

 Provision for annual review and revision
 of the fire and emergency safety plan;

h.

 Procedures for training staff on all
 emergency and disaster drills;

2.

 The CSU and any associated CSC and/or Temp
 Obs shall comply with all federal, state local, and accreditation fire safety
 standards. Local fire codes with more stringent standards or additional
 requirements shall supersede the minimum requirements set forth in this
 rule.

Rule 82-3-1-.23 Human Resources

The CSU and any associated CSC and/or Temp Obs shall comply
 with the following:

1.

 Develop and
 implement policies and procedures that address the hiring, training, promotion
 and termination of staff;

2.

 Define
 the responsibilities, qualifications, competencies of staff for all
 positions;

3.

 Ensure that the type
 and number of professional staff attached to the unit are: 

a.

 Properly licensed or credentialed in the
 professional field as required;

b.

 Present in numbers to provide adequate supervision to staff;

c.

 Present in numbers to provide services,
 supports, care and treatment to individuals as required;

d.

 Experienced and competent in the
 profession they represent; and

e.

 At
 least one (1) staff trained in Basic Cardiac Life Support (BCLS) and first aid
 shall be on duty at all times. In addition, one (1) staff trained in the use of
 the Automated External Defibrillator (AED) equipment shall also be on
 duty.

4.

 Paraprofessionals working in mental health, addictive diseases and co-occurring
 disability services must complete the standard training requirements for
 paraprofessionals;

5.

 Have
 procedures for verifying licenses, credentials, experience and competence of
 staff:

a.

 Document implementation of these
 procedures for all staff attached to the CSU; and 

b.

 Licenses and credentials shall be current
 as required by the field.

6.

 Ensure that all persons providing services
 comply with all applicable laws, rules and regulations regarding professional
 licenses, qualifications and requirements related to the scope of
 practice;

7.

 Comply with all
 applicable laws, rules and regulations governing criminal history records
 checks;

8.

 Have processes for
 managing personnel information and records;

9.

 Have provisions for sanctioning or
 removing staff when:

a.

 Staff are determined
 to have deficits in required competencies; or 

b.

 Staff are accused of abuse, neglect or
 exploitation.

10.

 Ensure
 that, prior to providing direct care to individuals, all staff, volunteers, and
 contactors shall be trained and show evidence of competence in all areas as
 defined in the DBHDD Provider Manual for Community Behavioral Health
 Providers;

11.

 Ensure that, within
 the first sixty (60) days of providing direct care to individuals, all staff,
 volunteers and contractors having direct contact with individuals shall receive
 training in all areas as defined in the DBHDD Provider Manual for Community
 Behavioral Health Providers;

12.

 Have documentation of an annual training plan that addresses 100% of staff who
 deliver therapeutic content is trained in at least one (1)
 clinical/programmatic content topic related to the delivery of care;

13.

 Ensure that all employees are tested for
 tuberculosis prior to direct contact with individuals and are retested at least
 annually thereafter.

Rule 82-3-1-.24 Transportation

1.

 The CSU and any
 associated Temp Obs functions shall assist in the coordination of necessary
 transportation through transfer and/or discharge to community-based
 services.

2.

 The CSU shall provide
 transportation in compliance with the DBHDD Provider Manual for Community
 Behavioral Health Providers for individuals in transitional beds who are
 otherwise unable to access services in the community while in transitional
 status.

Rule 82-3-1-.25 Incident and Complaint Reporting and Investigation Procedures

The CSU, CSC and/or Temp Obs shall:

1.

 Report critical incidents to the
 Department as defined by the Departmental policy on reporting of
 incidents;

2.

 Have internal
 mechanisms to document, investigate and take appropriate action for complaints
 and incidents which are not required to be reported to the
 Department;

3.

 Post in a visible
 area the procedure to be taken to make a complaint directly to the
 Department.

Rule 82-3-1-.26 Department Complaint and Incident Investigation Procedures

1.

 The Department
 shall be authorized to conduct investigations: 

a.

 Investigations shall be conducted to
 ensure compliance with all applicable laws, rules and regulations;

b.

 Department representatives shall be
 authorized to enter the premise at any time to survey or investigate to ensure
 compliance with or prevent a violation to ensure the quality and integrity of
 care of individuals;

c.

 The
 Department shall have complete access to, including but not limited to
 authorization to examine and reproduce, any records required to be maintained
 in accordance with contracts, standards, laws, rules and regulations of the
 Department;

d.

 The Department shall
 maintain the confidentiality of records as specified by federal and state
 law.

2.

 The Department
 shall have the authority to conduct announced or unannounced on-site reviews at
 its discretion at any time or as part of the investigation of complaints or
 incidents. The Department shall issue written findings within a reasonable
 period of time. Based on its findings of the review, the Department may: 

a.

 Require corrective action that is approved
 by the Department:

i.

 When the Department
 finds that any licensee has violated any provision of this Chapter, the
 Department will prepare a written report identifying each violation and
 anticipated corrective action;

ii.

 The facility shall submit to the Department a written plan of correction in
 response to the report of violations, which includes details related to the
 types of anticipated corrections along with stated timeframes for completions
 of corrections. The facility may, in addition, offer an explanation for the
 violation or dispute the findings of the Department as long as an acceptable
 plan of correction is submitted within thirty (30) days of the facility's
 receipt of the written report of inspection;

iii.

 If the initial plan of correction is
 unacceptable to the Department, the facility will be provided with at least one
 (1) opportunity to revise the unacceptable plan of correction. Failure to
 submit an acceptable plan of correction may result in the Department initiating
 enforcement procedures;

iv.

 The
 facility shall comply with its plan of correction.

b.

 Prohibit admissions to the CSU for a
 defined period of time;

c.

 Temporarily suspend the CSU license upon findings determined to be of
 significant risk to health or safety of individuals; or

d.

 Revoke the license.

Rule 82-3-1-.27 Enforcement

The Department shall have the authority to impose any one or
 more of the sanctions enumerated in Rules
 82-3-1.28 and
 82-3-1.29 upon a finding that an
 applicant or licensee has:

1.

 Knowingly made any verbal or written false statement of material fact either in
 connection with the application for a license, on documents submitted to the
 Department as part of any inspection or investigation, or in the falsification
 or alteration of facility records made or maintained by the facility;

2.

 Failed or refused, without legal cause, to
 provide the Department with access to the premises subject to regulation or
 information pertinent to the initial and continued licensing of the
 facility;

3.

 Failed to comply with
 any licensing requirements of this state; or

4.

 Failed to comply with the provisions of
 state law or with any provisions of these rules.

Rule 82-3-1-.28 Sanctions and Penalties

1.

 Sanctions against Licensees. When the
 Department finds that any licensee has violated any provision of these rules
 and regulations, the Department, subject to notice and opportunity for a
 hearing, may impose any one or more of the sanctions in subparagraphs (a)
 through (e) below:

a.

 Administer a Public
 Reprimand. If the sanction of public reprimand is finally imposed, as defined
 by a final adverse finding, the public reprimand shall consist of a notice
 prepared by the Department that the CSU has been reprimanded; such notice shall
 include a written report of the Department's findings along with the CSU's
 response and corrective action plan;

b.

 Suspend any License. The Department may
 suspend any license for a definite period or for an indefinite period in
 connection with any condition which may be attached to the restoration of said
 license;

c.

 Prohibit Persons in
 Management or Control. The Department may prohibit a licensee from allowing a
 person who previously was involved in the management or control of any CSU
 which has had its license revoked or application denied within the past twelve
 (12) months to be involved in the management or control of such CSU. Any such
 person found by the Department to have acted diligently and in good faith to
 ensure correction of violations in a CSU which has had its license revoked or
 denied; however, shall not be subject to this prohibition if that person became
 involved in the management or control of the CSU after the CSU was notified by
 the Department of violations of licensing requirements giving rise to a
 revocation or denial action. This subparagraph shall not be construed to
 require the Department to obtain any information that is not readily available
 to it regarding any person's involvement with a CSU. For the purpose of this
 Rule, the twelve- month period will begin to run from the date of any final
 adverse finding or the date that any stay of enforcement ceased, whichever
 occurs first;

d.

 Revoke any
 License. The Department may revoke any license. If the sanction of license
 revocation is finally imposed, as defined by a final adverse finding, the
 Department shall effectuate it by requiring the CSU to return its license to
 the Department;

e.

 Limit or
 Restrict any License. The Department may limit or restrict any license as the
 Department deems necessary for the protection of the public (a provisional or
 temporary time-limited license granted by the Department shall not be
 considered to be a limited or restricted license).

2.

 Sanctions against Applicants. When the
 Department finds that any applicant for a license has violated any provision of
 these rules, the Department, subject to notice and opportunity for a hearing,
 may impose any one or more of the following sanctions in subparagraphs (a)
 through (c) below:

a.

 Refuse to Grant License.
 The Department may refuse to grant (deny) a license and the 

i.

 Department may do so without first holding
 a hearing prior to taking such action: 
 
The Department may deny an application for a license where
 the CSU has failed to demonstrate compliance with licensing requirements.
 Additionally, the Department may deny an application for a license where the
 applicant or alter ego of the applicant has had a license denied, revoked, or
 suspended within one (1) year of the date of an application, or where the
 applicant has transferred ownership or governing authority of a CSU within one
 (1) year of the date of a new application when such transfer was made in order
 to avert denial, revocation, or suspension of a license;

ii.

 For the purpose of determining the one
 (1) year denial period, the period shall begin to run from the date of the
 final adverse finding, or the date any stay of enforcement ceased, whichever
 occurs first. In further determining whether to grant or deny a license, the
 Department may consider the applicant's overall record of compliance with
 licensing requirements;

b.

 Prohibit Persons in Management or Control.
 The Department may prohibit an applicant from allowing a person who previously
 was involved in the management or control of any CSU which has had its license
 revoked or application denied within the past twelve (12) months to be involved
 in the management or control of such CSU. Any such person found by the
 Department to have acted diligently and in good faith to ensure correction of
 violations in a CSU which has had its license revoked or denied, however, shall
 not be subject to this prohibition if that person became involved in the
 management or control of the CSU after the CSU was notified by the Department
 of violations of licensing requirements giving rise to denial action. This
 subparagraph shall not be construed to require the Department to obtain any
 information that is not readily available to it regarding any person's
 involvement with a CSU. For the purpose of this rule, the twelve-month period
 will begin to run from the date of any final adverse finding or the date that
 any stay of enforcement ceased, whichever occurs first;

c.

 Limit or Restrict any License. The
 Department may limit or restrict any license as it deems necessary for the
 protection of the public (a provisional or temporary time- limited license
 granted by the Department shall not be considered to be a limited or restricted
 license).

3.

 Standards
 for Taking Sanctions. In taking any of the actions pursuant to this rule, the
 Department shall consider the seriousness of the violation or violations,
 including the circumstances, extent, and gravity of the prohibited act or acts
 or failure to act, and the hazard or potential hazard created to the physical
 or emotional health and safety of the public and/or the individuals
 served.

4.

 Non-Compliance with
 Sanctions. Failure on the part of any CSU to abide by any sanction which is
 finally imposed against it shall constitute grounds for the imposition of
 additional sanctions, including revocation.

5.

 Settlements. With regard to any contested
 case instituted by the Department pursuant to this Chapter or other provisions
 of law or regulation which may now or hereafter authorize remedial or
 disciplinary grounds and action, the Department may, in its discretion, dispose
 of the action so instituted by settlement. In such cases, the Department, the
 CSU, and those persons deemed by the Department to be successors in interest to
 any settlement agreement, shall be bound by the terms specified therein.
 Violation thereof by any applicant or licensee, their agents, employees, or
 others acting on their behalf, shall constitute grounds for the imposition of
 any sanctions enumerated in this Chapter, including revocation.

Rule 82-3-1-.29 Extraordinary Sanctions Where Imminent and Substantial Danger

Where the commissioner of the Department determines that
 individuals in the care of CSU and any associated CSC and/or Temp Obs subject
 to licensure are subject to an imminent and substantial danger, the
 commissioner may order any of the extraordinary sanctions listed in any part of
 this rule to take effect immediately unless otherwise specified in the order,
 without notice and opportunity for hearing prior to the order taking
 effect:

1.

 Content of the Order. The
 order shall contain the following:

a.

 The
 scope of the order;

b.

 Reasons for
 the issuance of the order;

c.

 Effective date of the order if other than the date the order is
 issued;

d.

 Person to whom questions
 concerning the order are to be addressed; and

e.

 Notice of the right to obtain a
 preliminary hearing and an administrative hearing after the issuance of the
 order regarding the emergency order as a contested case.

2.

 Emergency Relocation. The commissioner may
 order emergency relocation of the individual of any CSU and any associated CSC
 and/or Temp Obs subject to licensure to the nearest appropriate facility. Prior
 to issuing an emergency order, the commissioner may consult with persons
 knowledgeable in the field of psychiatric care and a representative of the CSU
 to determine if there is a potential for greater adverse effects on the
 individual or the individual's care as a result of the proposed issuance of an
 emergency order. The commissioner shall provide notice to the individual, his
 or her next of kin or guardian and his or her physician of the emergency
 relocation and the reasons therefore; relocation to the nearest appropriate CSU
 designed to ensure the welfare and, when possible, the desires of the
 individual;

3.

 Emergency Placement
 of Monitor. The commissioner may order the emergency placement of a monitor in
 a CSU and any associated CSC and/or Temp Obs subject to licensure when
 conditions at the facility require immediate oversight for the safety of the
 individuals;

4.

 Emergency
 Prohibition of Admissions. The commissioner may order the emergency prohibition
 of admissions to a CSU when such CSU has failed to correct a violation of
 Departmental permit rules within a reasonable period of time, as specified in
 the Department's corrective order, and the violation could either jeopardize
 the health and safety of any individuals if allowed to remain uncorrected or is
 a repeat violation over a twelve (12) month period, which is intentional or due
 to gross negligence;

5.

 Emergency
 Suspension of Admissions. The commissioner may order admissions to a CSU be
 suspended until the Department has determined that the violation has been
 corrected or until the Department has determined that the CSU has undertaken
 the action necessary to effect correction of the violation;

6.

 Preliminary Hearing. The CSU affected by
 the commissioner's emergency order may request that the Department hold a
 preliminary hearing within the Department on the validity of the order and the
 need for its continuation. Such hearing shall occur within ten (10) days
 following the request;

7.

 Cumulative Remedy. The Department shall not be limited to a single emergency
 action under these rules, nor is the Department precluded from other actions
 permitted by other law or regulations during the time an emergency order is in
 force.

Rule 82-3-1-.30 Waivers and Variances

The Department may, in its discretion, grant waivers and
 variances of specific rules upon application or petition being filed on forms
 provided by the department. The Department may establish conditions which must
 be met by the program in order to operate under the waiver or variance granted.
 Waivers and variances may be granted in accordance with the following
 considerations:

1.

 Variance. A variance
 may be granted by the Department upon a showing by the applicant or petitioner
 that the particular rule or regulation that is the subject of the variance
 request should not be applied as written because strict application of the rule
 would cause undue hardship. The applicant or petitioner must also show that
 adequate standards affording protection for the health, safety and care of
 individuals exist and will be met in lieu of the exact requirements of the rule
 or regulations in question;

2.

 Waiver. The Department may dispense entirely with the enforcement of a rule or
 regulation by granting a waiver upon a showing by the applicant or petitioner
 that the purpose of the rule or regulation is met through equivalent standards
 affording equivalent protection for the health, safety and care of
 individuals;

3.

 Experimental
 Variance or Waiver. The Department may grant waivers and variances to allow
 experimentation and demonstration of new and innovative approaches to delivery
 of services upon a showing by the applicant or petitioner that the intended
 protections afforded by the rule or regulation which is the subject of the
 request are met and that the innovative approach has the potential to improve
 service delivery.

Rule 82-3-1-.31 Severability

In the event that a rule, sentence, clause or phrase of any
 of these rules and regulations may be construed by any court of competent
 jurisdiction to be invalid, illegal, unconstitutional or otherwise
 unenforceable, such determination or adjudication shall in no manner affect the
 remaining rules or portions thereof. The remaining rules or portions thereof
 shall remain in full force and effect, as if such rule or portions thereof so
 determined, declared or adjudged invalid or unconstitutional were not
 originally a part of these rules.

Rule 82-3-1-.32 Additional Crisis Service Center (CSC) and Temporary Observation (Temp Obs) Requirements

A CSU under contract to operate a CSC and/or Temp Obs is
 expected to comply with the following in the administration of those
 functions:

1.

 Program Description. A
 CSU under contract to operate a CSC and/or Temp Obs shall have a description of
 services which shall clearly states that the distinct, yet interrelated roles
 of the CSU, CSC and/or Temp/Obs as a program is designed as an alternative
 and/or diversion to hospitalization.

2.

 Evaluation and Admission. The CSU under
 contract to operate a CSC and/or Temp Obs must follow admissions and exclusion
 criteria as defined in the DBHDD Provider Manual for Community Behavioral
 Health Provider.

3.

 Provision of
 Individualized Care. A licensed staff shall, at a minimum: 

a.

 Conduct an assessment of the
 individual;

b.

 Document the
 rationale for proposed interventions, as applicable;

c.

 Assess the individual's response to care
 and services provided; and 

d.

 Assess status of the individual to determine continuity of care or referral to
 community services.

4.

 Environment of Care 

a.

 If the facility
 operates an area where individuals are evaluated and/or observed prior to
 admission determination being made, the facility has a secure area where
 individuals who are being evaluated on an involuntary basis can be
 held;

b.

 The CSC/Temp Obs shall
 have at least one (1) operable, non-pay telephone which is private and
 accessible at reasonable times for use by the individual; and is not located
 within the CSU residence space.

Rule 82-3-1-.33 Repealed

Rule 82-3-1-.01 Legal Authority
Rule 82-3-1-.02 Title and Purpose
Rule 82-3-1-.03 Definitions
Rule 82-3-1-.04 General Licensing Requirements
Rule 82-3-1-.05 Application Requirements
Rule 82-3-1-.06 Issuance of Initial and Renewal of License
Rule 82-3-1-.07 Operational Scope of Services
Rule 82-3-1-.08 Program Description
Rule 82-3-1-.09 Evaluation and Admissions
Rule 82-3-1-.10 Provision of Individualized Care
Rule 82-3-1-.11 Documentation of Care
Rule 82-3-1-.12 Protection and Safety of the Individual and of Others
Rule 82-3-1-.13 Pharmacy Services and Management of Medication
Rule 82-3-1-.14 Laboratory Services
Rule 82-3-1-.15 Food Services
Rule 82-3-1-.16 Infection Control and Prevention
Rule 82-3-1-.17 Rights and Responsibilities of Individuals
Rule 82-3-1-.18 Confidentiality
Rule 82-3-1-.19 Documentation of Legal Status
Rule 82-3-1-.20 Performance Improvement Plan and Activities
Rule 82-3-1-.21 Environment of Care
Rule 82-3-1-.22 Fire Prevention and Safety Requirements
Rule 82-3-1-.23 Human Resources
Rule 82-3-1-.24 Transportation
Rule 82-3-1-.25 Incident and Complaint Reporting and Investigation Procedures
Rule 82-3-1-.26 Department Complaint and Incident Investigation Procedures
Rule 82-3-1-.27 Enforcement
Rule 82-3-1-.28 Sanctions and Penalties
Rule 82-3-1-.29 Extraordinary Sanctions Where Imminent and Substantial Danger
Rule 82-3-1-.30 Waivers and Variances
Rule 82-3-1-.31 Severability
Rule 82-3-1-.32 Additional Crisis Service Center (CSC) and Temporary Observation (Temp Obs) Requirements
Rule 82-3-1-.33 Repealed