37-2-73. Emergency relocation of residents; monitoring; emergency orders; additional powers.

1. (1)

   The commissioner may order the emergency relocation of residents from an adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program subject to licensure by the department when he or she has determined that the residents are subject to an imminent and substantial danger.#

2. (2)

   When an order is issued under this subsection, the commissioner shall provide for:#

   1. (A)

      Notice to the resident and his or her next of kin or guardian of the emergency relocation and the reasons therefor;#

   2. (B)

      Relocation to the nearest appropriate adult residential mental health program, community living arrangement, drug treatment and education program, narcotic treatment program, or other appropriate setting; and#

   3. (C)

      Other protection designed to ensure the welfare and, when possible, the desires of the resident.#

1. (1)

   The commissioner may order the emergency placement of a monitor in an adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program, subject to licensure by the department, when one or more of the following conditions are present:#

   1. (A)

      The adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program is operating without a permit or a license;#

   2. (B)

      The department has denied application for a permit or a license or has initiated action to revoke the existing permit or license of the licensee;#

   3. (C)

      The adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program is closing or plans to close and adequate arrangements for relocation of the residents have not been made at least 30 days before the date of closure; or#

   4. (D)

      The health, safety, security, rights, or welfare of the residents cannot be adequately assured by the adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program.#

2. (2)

   A monitor may be placed, pursuant to this subsection, in an adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program for no more than ten days, during which time the monitor shall observe conditions and compliance with any recommended remedial action of the department. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program, nor shall the monitor be liable for any actions of the licensee. The costs of placing a monitor in an adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program shall be paid by the licensee unless the order placing the monitor is determined to be invalid in a contested case proceeding under subsection (d) of this Code section, in which event, the costs shall be paid by the state.#

1. (1)

   The commissioner may order the emergency prohibition of admissions to an adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program when such licensee has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department’s corrective order, and the violation:#

   1. (A)

      Could jeopardize the health and safety of the residents if allowed to remain uncorrected; or#

   2. (B)

      Is a repeat violation over a 12 month period, which is intentional or due to gross negligence.#

2. (2)

   Admission to new residents may be suspended until the violation has been corrected or until the department has determined that the licensee has undertaken the action necessary to effect correction of the violation.#

The commissioner may issue emergency orders pursuant to this Code section only if authorized by rules and regulations of the department. Unless otherwise provided in any such order, an emergency order shall become effective immediately. The department shall provide an opportunity for a preliminary hearing within ten days following a request therefor by any adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program affected by an emergency order. If, at the preliminary hearing, the order is determined by the department to be invalid, such order shall thereupon become void and of no effect. If, at the preliminary hearing, the order is determined by the department to be valid, such determination shall constitute a contested case under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” and such order shall remain in effect until determined invalid in a proceeding regarding the contested case or until rescinded by the commissioner, whichever is earlier. For purposes of this subsection, an emergency order is valid only if the order is authorized to be issued under this Code section and rules and regulations relating thereto.#

The powers provided by this Code section shall be in addition to all other powers of the department, board, and commissioner.#