2020 Georgia Code
Title 43 - Professions and Businesses
Chapter 27 - Long-Term Care Facility Administrators
§ 43-27-5. General Powers and Duties of Board; Limitations

1. The board shall have the following powers and duties:
   1. To issue, renew, and reinstate the licenses of duly qualified applicants for licensure;
   2. To deny, suspend, revoke, or otherwise sanction licenses to practice as an administrator;
   3. To initiate investigations for the purpose of discovering violations of this chapter;
   4. To initiate investigations for the purpose of discovering violations by an administrator of the rules, regulations, or statutes of the Department of Community Health or the Department of Human Services, provided that the board shall investigate those violations only after revocation, limitation, or restriction of participation of the long-term care facility of which such individual is the administrator in the medical assistance program, if applicable, or the license issued by the Department of Community Health and make written findings as to the causes of the alleged violations;
   5. To conduct hearings upon charges into alleged violations of this chapter;
   6. To prepare or approve all examinations for licensure as an administrator;
   7. To develop, impose, and enforce standards which must be met by individuals in order to receive or maintain a license as a personal care home administrator, as an assisted living community administrator, and as a nursing home administrator;
   8. To conduct a continuing study and investigation of long-term care facilities and administrators of such long-term care facilities within the state for the purpose of improving the standards imposed for the licensing of such administrators; and
   9. To adopt such rules and regulations as shall be reasonably necessary for the implementation and enforcement of this chapter. The board shall have the authority to establish, provide, or approve various education programs or courses for personal care home administrators, for assisted living community administrators, and for nursing home administrators and to prescribe rules and regulations requiring applicants for licenses as administrators to attend such programs or courses as a prerequisite to their being admitted to the examination or issued a license and requiring licensed administrators to attend such programs or courses as a prerequisite to their being issued any license renewal.
2. Nothing in this chapter or in the rules and regulations adopted under this chapter shall be construed to require an applicant for a license as an administrator who is certified by a recognized church or religious denomination which teaches reliance on spiritual means alone for healing as having been approved to administer institutions certified by such church or denomination for the care and treatment of the sick in accordance with its teachings to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in such institutions.

(Ga. L. 1968, p. 1143, § 8; Ga. L. 1970, p. 573, § 5; Ga. L. 1973, p. 284, § 1; Ga. L. 1986, p. 846, § 4; Ga. L. 1999, p. 296, § 24; Ga. L. 2009, p. 453, § 1-48/HB 228; Ga. L. 2020, p. 95, § 9/HB 987.)

The 2020 amendment, effective June 30, 2020, substituted "an administrator" for "a nursing home administrator" in paragraphs (a)(2), (a)(4), and (a)(6) and in subsection (b); in paragraph (a)(4), substituted "long-term care facility" for "nursing home" in the middle and inserted ", if applicable," near the end; inserted "personal care home administrator, as an assisted living community administrator, and as a" in the middle of paragraph (a)(7); substituted "long-term care facilities and administrators of such long-term care facilities" for "nursing home and administrators of nursing homes" in the middle of paragraph (a)(8); and, in paragraph (a)(9), inserted "personal care home administrators, for assisted living community administrators, and for" and deleted "nursing home" preceding "administrators" twice.

- Pursuant to Code Section 28-9-5, in 1986, "under this chapter" was substituted for "hereunder" in subsection (b).

- Rules of the profession, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia State Board of Nursing Home Administrators, Chapter 393-1 et seq.

Board has authority to establish number of course hours prerequisite to license renewal and attendance at such courses is mandatory. Baranan v. State, Bd. of Nursing Home Adm'rs, 143 Ga. App. 605, 239 S.E.2d 533 (1977).

§ 43-27-5(a)(7) does not violate equal protection or due process principles. - Requirement that party must incur certain expenses and must involuntarily attend courses does not discriminate against that party in violation of equal protection rights nor does it violate due process of law; all others similarly situated must bear similar burdens in order to obtain a license renewal. Baranan v. State Bd. of Nursing Home Adm'rs, 143 Ga. App. 605, 239 S.E.2d 533 (1977).

RESEARCH REFERENCES

ALR.

- Hearsay in proceeding for suspension or revocation of license to conduct business or profession, 142 A.L.R. 1388.