TITLE 31 HEALTH

Section 7. Regulation and Construction of Hospitals and Other Health Care Facilities, 31-7-1 through 31-7-412.

ARTICLE 11 FACILITY LICENSING AND EMPLOYEE RECORDS CHECKS

31-7-258. (Repealed effective October 1, 2019) Change of facility director; notification to department; effect of department determination.

1. If the director of a facility which has been issued a regular license ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department of such change and of any additional information the department may require regarding the newly designated director of that facility. Such information shall include but not be limited to any information the licensee may have regarding preliminary or fingerprint records check determinations regarding that director. After receiving a change of director notification, the department shall make a written determination from the information furnished with such notification and the department's own records as to whether a satisfactory or unsatisfactory preliminary or fingerprint records check determination has ever been made for the newly designated director. If the department determines that such director within 12 months prior thereto has had a fingerprint records check determination that is satisfactory, such determination shall be deemed to be a satisfactory fingerprint records check determination as to that director. The license of that facility shall not be adversely affected by that change in director and the licensee shall be so notified. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33.
2. If the department determines under subsection (a) of this Code section that there has ever been a preliminary or fingerprint records check determination of the newly designated director that was unsatisfactory, the personal care home and that director shall be notified thereof. The license for that director's facility shall be indefinitely suspended unless the personal care home designates another director for whom it has not received or made an unsatisfactory determination and proceeds pursuant to the provisions of this Code section relating to a change of director.
3. If the department determines under subsection (a) of this Code section that there has been no fingerprint records check determination regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the personal care home. The personal care home shall furnish to the department the records check application of the newly designated director or the license of that facility shall be indefinitely suspended. If that records check application is so received, unless the department has within the immediately preceding 12 months made a preliminary records check determination that is satisfactory regarding the newly designated director, the department shall perform a preliminary records check and determination of the newly designated director; and the applicant and that director shall be notified thereof. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures after notification shall apply. If that determination is satisfactory, the department shall perform a fingerprint records check and determination for that director as provided in Code Sections 31-7-254 and 31-7-255. If that determination is satisfactory, the personal care home and director for whom the determination was made shall be so notified, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section shall apply. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33.

(Code 1981, §31-7-258, enacted by Ga. L. 1985, p. 952, § 2; Ga. L. 2018, p. 507, § 2-9/SB 336.)

The 2018 amendment, effective July 1, 2018, in subsection (a), deleted "satisfactory" preceding "fingerprint records" and inserted "that is satisfactory" in the fifth sentence and added the last sentence in subsection (b), substituted "a preliminary" for "an unsatisfactory preliminary" and inserted "that was unsatisfactory" in the first sentence and deleted "preliminary or fingerprint records check" following "unsatisfactory" in the middle of the second sentence; and in subsection (c), deleted "satisfaction" preceding "preliminary records" and inserted "that is satisfactory" preceding "regarding" in the third sentence and added the last sentence.