2022 Georgia Code
Title 31 - Health
Chapter 44 - Renal Disease Facilities
§ 31-44-3. Adoption of Rules

The board shall adopt rules to implement this chapter, including but not limited to requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility. The rules adopted by the board pursuant to this Code section shall not conflict with any federal law or regulation applicable to end stage renal disease facilities or personnel thereof and shall set forth minimum standards for the health, safety, and protection of the patient being served.

History. Code 1981, § 31-44-3 , enacted by Ga. L. 2000, p. 526, § 1; Ga. L. 2005, p. 1194, § 2/SB 48; Ga. L. 2019, p. 148, § 2-15/HB 186; Ga. L. 2019, p. 919, § 11-1/HB 553; Ga. L. 2020, p. 493, § 31/SB 429.

The 2019 amendments. —

The first 2019 amendment, effective July 1, 2019, added subsection (d). The second 2019 amendment, effective July 1, 2019, deleted the subsection (a) designation; deleted former subsection (b), which read: “The department shall establish a Renal Dialysis Advisory Council to advise the department regarding licensing and inspection of end stage renal disease facilities. The council shall be composed of a minimum of 13 persons appointed by the board: one member recommended by the Dogwood Chapter of the American Nephrology Nurses Association; one member recommended by the Georgia Association of Kidney Patients; two physicians specializing in nephrology recommended by the Georgia Renal Physicians Association; one member recommended by the National Kidney Foundation of Georgia; two administrators of facilities certified as outpatient dialysis facilities in Georgia; three members of the general public, two of whom shall be dialysis patients or family members of dialysis patients; one member representing technicians working in renal dialysis facilities; one member representing social workers working in renal dialysis facilities; and one member representing dietitians working in renal dialysis facilities.”; and deleted former subsection (c), which read: “Members of the council shall serve four-year terms and until their successors are appointed and qualified. No member of the council shall serve more than two consecutive terms. The council shall meet as frequently as the department considers necessary, but not less than twice each year. The council shall be consulted and have the opportunity to evaluate all rules promulgated by the department under this chapter applicable to end stage renal disease facilities prior to their adoption. Members shall serve without compensation.” See the Code Commission note regarding the effect of these amendments.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, deleted the subsection (a) designation and deleted former subsection (b), which read: “The council shall submit an annual report no later than October 1 of its recommendations and evaluation of its implementation to the Office of Health Strategy and Coordination.”

Code Commission notes.

Ga. L. 2000, p. 126, § 1, Ga. L. 2000, p. 526, § 1, and Ga. L. 2000, p. 549, § 3 all enacted a Chapter 43 of Title 31. Pursuant to Code Section 28-9-5, in 2000, the chapter enacted by Ga. L. 2000, p. 526, § 1 has been redesignated as Chapter 44 of Title 31 and the Code sections therein redesignated accordingly. The chapter enacted by Ga. L. 2000, p. 549, § 3 has been redesignated as Chapter 45 of Title 31 and the Code sections therein redesignated accordingly.

Pursuant to Code Section 28-9-5, in 2019, subsection (d) as enacted by Ga. L. 2019, p. 148, § 2-15/HB 186 was redesignated as subsection (b) due to the deletion of former subsections (b) and (c) by Ga. L. 2019, p. 919, § 11-1/HB 553. Additionally, the deletion of the subsection (a) designation by Ga. L. 2019, p. 919, § 11-1/HB 553 was not implemented.

Editor’s notes.

For information as to the elimination of a certain future repeal or “sunset” of this Code section, see the Editor’s notes at the beginning of this chapter.

Ga. L. 2019, p. 148, § 2-1/HB 186, not codified by the General Assembly, provides: “This part shall be known and may be cited as ‘The Health Act.’ ”

Ga. L. 2019, p. 919, § 11-2/HB 553, not codified by the General Assembly, provides: “Any assets of the Renal Dialysis Advisory Council existing as of June 30, 2019, shall devolve by operation of law and without further action to the State of Georgia on July 1, 2019. Any liabilities and obligations of the Renal Dialysis Advisory Council existing as of June 30, 2019, shall be transferred to and assumed by the State of Georgia, by such instruments as may be required to maintain the same.”