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Rules and Regulations of the State of Georgia
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Subject 290-4-1 EMERGENCY RECEIVING, EVALUATING AND TREATMENT FACILITIES

Rule 290-4-1-.01 Definitions

Unless a different meaning is required by the context, the following terms as used in this Rule shall have the meaning hereinafter ascribed to them:

(a) The term "private facility" means any hospital facility that is a proprietary hospital or a hospital operated by a nonprofit corporation or association approved for the purposes of Chapter 3 or Chapter 7 of Title 37 of the Official Code of Georgia Annotated, as provided herein, or any hospital facility operated by a hospital authority created pursuant to the "Hospital Law", Article 4 of Chapter 7 of Title 31.
(b) The term "Crisis Stabilization Program" ("CSP") means a short term residential program operated as a part of a comprehensive community mental health and substance abuse program for the purpose of providing psychiatric stabilization or detoxification services, which complies with applicable standards in the "Standards for Community Mental Health, Mental Retardation and Substance Abuse Services".
(c) The term "department" means the Department of Human Resources of the State of Georgia.
(d) The term "emergency receiving facility" means a facility designated by the department to receive patients under emergency conditions as provided in Part 1 of Article 3 of Chapter 3 or of Chapter 7 of Title 37.
(e) The term "evaluating facility" means a facility designated by the department to receive patients for evaluation as provided in Part 2 of Article 3 of Chapter 3 or Chapter 7 of Title 37.
(f) The term "treatment facility" means a facility designated by the department to receive patients for treatment as provided in Part 3 of Article 3 of Chapter 3 of Title 37.
(g) "Physician" means any person who is licensed to practice in this State under the provisions of Article 2 of Chapter 34 of Title 43, or who is employed as a physician by the United State Veterans Administration or other federal agency.
(h) The term "Psychiatrist" means any physician certified as a Diplomat in Psychiatry by the American Board of Psychiatry and Neurology, or who has completed three years of approved residency training program in psychiatry and has had two years of full-time practice in this specialty.

Rule 290-4-1-.02 Provisions

Designation as Emergency Receiving, Evaluating and Treatment Facilities.

(a) The department may designate any private facility or such portion of a certified community mental health and substance abuse program which complies with the standards for a CSP within the State of Georgia at the request of or with the consent of the governing officers of such facility.
(b) Any private facility or any CSP designated as an Emergency Receiving, Evaluating, or Treatment Facility will indicate its consent in a written instrument to the department.
(c) Any private facility or any CSP requesting approval and designation as an Emergency Receiving, Evaluating, or Treatment Facility will make application on forms approved by the department.
(d) Any Crisis Stabilization Program (CSP), to be eligible for designation, shall be a part of a comprehensive community mental health and substance abuse program which comprehensive program has been certified by the Office of Quality Assurance of the Division of Mental Health, Mental Retardation and Substance Abuse to be in compliance with:
1) Standards for Community Mental Health, Mental Retardation and Substance Abuse Services, and
2) the Department of Human Resources Grants to Counties Policy Manual.

Rule 290-4-1-.03 Emergency Receiving Facility

(1) The private emergency receiving facility shall comply with the regulations of Chapter 290-5-6, Rules and Regulations entitled "Hospitals" as they now exist or as may be amended.
(2) The private facility or the CSP shall arrange for the availability of a physician who will examine the patient as soon as possible, but in any event within 48 hours of admission.
(3) The private facility or the CSP shall provide at least one room with detention screens or shatterproof windows and a locked door that can be opened from the outside, to accommodate a highly disturbed or suicidal person with reasonable safety.

Rule 290-4-1-.04 Evaluating Facility

(1) The private evaluating facility shall comply with the regulations of Chapter 290-5-6, Rules and Regulations entitled "Hospitals" as they now exist or as may be amended.
(2) The active medical staff of the private facility or the CSP shall include a physician who has completed at least one year of approved psychiatric residency and consultation by a psychiatrist shall be available.
(3) The private facility or the CSP shall provide at least one room with detention screens or shatterproof windows and a locked door that can be opened from the outside, to accommodate a highly disturbed or suicidal person with reasonable safety.
(4) The private facility or the CSP shall utilize available resources in the community to provide psychological tests and social work services if such services are needed for the patients and do not exist within the facility.

Rule 290-4-1-.05 Private Treatment Facility

(1) The private treatment facility shall comply with the regulations of Chapter 290-5-6, Rules and Regulations entitled "Hospitals" as they now exist or as may be amended.
(2) The facility shall have an identifiable program specifically designed for the mentally ill.
(3) The program shall be directed by a psychiatrist.
(4) The facility shall provide but not be limited to psychological services, social services, activity therapies and rehabilitation services.

Rule 290-4-1-.06 Enforcement

The administration and enforcement of these rules and regulations shall be as prescribed in O.C.G.A. Chapter 37-1.