(1) The administrator, on-site manager and all other responsible staff persons working in a personal
care home shall be at least 21 years of age and shall be responsible for supervising all other staff. No
staff person under the age of 18 shall work except under the direct supervision of the administrator, onsite
manager or a responsible staff person who is in the home.
(2) The administrator or on-site manager shall be responsible for ensuring that any person working in
the facility as an employee, under contract or otherwise, receives work-related training acceptable to the
Department within the first sixty days of employment. Such training shall at a minimum include the
following:
(a) current certification in emergency first aid except where the staff person is a currently licensed
health care professional;
(b) current certification in cardiopulmonary resuscitation where the training course required return
demonstration of competency;
(c) emergency evacuation procedures;
(d) medical and social needs and characteristics of the resident population;
(e) residents’ right; and
(f) receiving a copy of the Long-term Care Facility Resident Abuse Reporting Act as outlined in
O.C.G.A. § 31-8-81 et seq.
(3) At least one staff person having completed the minimum training requirements of Rule 111-8-62-
.10(2)1. through 6. above shall be present in the home at all times resident(s) are present in the home.
(4) All persons, including the administrator or on-site manager, who offer direct care to the residents,
must satisfactorily complete a total of at least sixteen (16) hours of continuing education each year, in
applicable courses approved by the Department, including, but not limited to working with the elderly,
working with residents with Alzheimer’s or other cognitive impairments, working with the mentally
retarded, mentally ill and developmentally disabled, social and recreational activities, legal issues,
physical maintenance and fire safety, housekeeping, or other topics as needed or as determined by the
Department.
(5) All persons, including the administrator or on-site manager, who offers direct care to the residents,
shall be responsible for maintaining awareness of each resident’s normal appearance and shall be
capable of intervening if a resident’s state of health appears to be in jeopardy.
(6) The administrator, on-site manager, and each employee shall have received a tuberculosis
screening and a physical examination by a licensed physician, nurse practitioner or physician’s assistant
within twelve months prior to employment (or initial application for permit or granting a permit to the home)
sufficiently comprehensive to assure that the employee is free of diseases communicable within the
scope of employment and physically qualified to work. Follow-up examinations shall be conducted by a
licensed physician of each administrator or staff person to determine readiness to return to work following
a significant illness or injury. Copies of information regarding staff member health shall be kept in the staff
person’s personnel folder.
(7) Criminal History Background Checks for Owners Required. Prior to the issuance of any new
license, the owner of the business or agency applying for the license shall submit a fingerprint records
check application so as to permit the department to obtain a criminal history background check.
(a) An owner may not be required to submit a records check application if it is determined that the
owner does not do at least one of the following:
1. maintains an office at the location where services are provided to residents;
2. resides at a location where services are provided to residents;
3. has direct access to residents receiving care; nor
4. provides direct personal supervision of personnel by being immediately available to provide
assistance and direction during the time services are being provided.
(b) In lieu of a records check application, the owner may submit evidence, satisfactory to the
department, that within the immediately preceding 12 months the owner has received a satisfactory
criminal history background check determination.
(c) A personal care home provider license shall not be issued, and any license issued shall be revoked
where it has been determined that the owner has a criminal record involving any of the following covered
crimes, as outlined in O.C.G.A. § 31-2-14:
1. a violation of O.C.G.A. § 16-5-1, relating to murder and felony murder;
2. a violation of O.C.G.A. § 16-5-21, relating to aggravated assault;
3. a violation of O.C.G.A. § 16-5-24, relating to aggravated battery;
4. a violation of O.C.G.A. § 16-5-70, relating to cruelty to children;
5. a violation of O.C.G.A. § 16-5-100, relating to cruelty to a person 65 years of age or older;
6. a violation of O.C.G.A. § 16-6-1, relating to rape;
7. a violation of O.C.G.A. § 16-6-2, relating to aggravated sodomy;
8. a violation of O.C.G.A. § 16-6-4, relating to child molestation;
9. a violation of O.C.G.A. § 16-6-5, relating to enticing a child for indecent purposes;
10. a violation of O.C.G.A. § 16-6-5.1, relating to sexual assault against persons in custody, detained
persons, or patients in hospitals or other institutions;
11. a violation of O.C.G.A. § 16-6-22.2, relating to aggravated sexual battery;
12. a violation of O.C.G.A. § 16-8-41, relating to armed robbery;
13. a violation of O.C.G.A. § 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or
elder person; or
14. any other offense committed in another jurisdiction that, if committed in this state, would be
deemed to be a crime listed in this paragraph without regard to its designation elsewhere.
(d) An owner with a valid personal care home license issued on or before June 30, 2007 shall be
required to obtain a fingerprint records check determination no later than December 31, 2008.
1. an owner with a valid personal care home license issued on or before June 30, 2007 who is
determined to have a criminal record for any of the crimes listed in Rule 111-8-62-.10(7)(c)1. through 14.
above, shall not have the license revoked prior to a hearing being held before a hearing officer pursuant
to Chapter 13 of Title 50, the ‘Georgia Administrative Procedure Act.’
2. An owner with a valid personal care home license who acquires a criminal record for any of the
crimes listed in Rule 111-8-62-.10(7)(c)1. through 14. above subsequent to the effective date of these
rules shall disclose the criminal record to the department.
(e) If at any time the department has reason to believe an owner holding a valid license has been
arrested, charged or convicted of any of the crimes listed above, the department shall require the owner
to submit a records check application immediately for determination of whether a revocation action is
necessary.
(8) Criminal History Background Checks for Directors, Administrators and Onsite Managers
Required. Prior to serving as a director, administrator or onsite manager of a licensed personal care
home, a person shall submit a records check application to the department.
(a) In lieu of a records check application, the director, administrator or onsite manager may submit
evidence, satisfactory to the department, that within the immediately preceding 12 months the above
personnel have received a satisfactory records check determination or a satisfactory preliminary records
check determination, whichever is applicable.
(b) A person with an unsatisfactory criminal history background check determination may not serve as a
director of a licensed personal care home if it is determined that such person has a criminal record
involving of the following covered crimes, as outlined in O.C.G.A. § 31-7-250:
1. a violation of O.C.G.A. § 16-5-21, relating to aggravated assault;
2. a violation of O.C.G.A. § 16-5-24, relating to aggravated battery;
3. a violation of O.C.G.A. § 16-6-1, relating to rape;
4. a felony violation of O.C.G.A. § 16-8-2, relating to theft by taking;
5. a felony violation of O.C.G.A. § 16-8-3, relating to theft by deception;
6. a felony violation of O.C.G.A. § 16-8-4, relating to theft by conversion;
7. a violation of O.C.G.A. § 16-9-1 or 16-9-2, relating to forgery in the first and second degree,
respectively;
8. a violation of O.C.G.A § 16-5-1, relating to murder and felony murder;
9. a violation of O.C.G.A § 16-4-1, relating to criminal attempt as it concerns attempted murder;
10. a violation of O.C.G.A § 16-8-40, relating to robbery;
11. a violation of O.C.G.A § 16-8-41, relating to armed robbery;
12. a violation of Chapter 13 of Title 16, relating to controlled substances;
13. a violation of O.C.G.A § 16-5-23.1, relating to battery;
14. a violation of O.C.G.A § 16-6-5.1, relating to sexual assault against a person in custody;
15. a violation of O.C.G.A § 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or
elder person; or
16. any other offense committed in another jurisdiction which, if committed in this state, would be
deemed to be such a crime without regard to its designation elsewhere.
(c) The department may require a fingerprint records check for any director, administrator or onsite
manager when the department has reason to believe that the director, administrator or onsite manager
has a criminal record.
(9) Criminal History Background Checks for Employees Required. Prior to serving as an employee
other than a director of a licensed personal care home, a person must receive a satisfactory criminal
history background check determination from a local law enforcement agency.
(a) A person with an unsatisfactory background check determination may not serve as an employee of
a licensed personal care home if it is determined that such person has a criminal record involving any of
the covered crimes outlined in O.C.G.A. §§ 31-7-250 and in Rule 111-8-62-.10(8)(b)1. through 16. above,
unless an administrative law judge has determined that the employee is authorized to work in the
personal care home.
(b) Where an applicant for employment has not been a resident of the state for three years preceding
the application for employment, the personal care home shall obtain a criminal history background check
from the local law enforcement agency of the applicant’s previous state of employment.
(c) The department may require a fingerprint records check for any employee when the department has
reason to believe that the employee has a criminal record.
(10) An employment history for each person working in the home must be verified by the administrator
or on-site manager and on file in the home.
(11) A personnel file shall be maintained in the home for each employee. These files shall be available
for inspection by the appropriate enforcement authorities but shall otherwise be maintained to protect the
confidentiality of the information contained in them, and shall include the following:
(a) evidence of a satisfactory fingerprint record check determination or a satisfactory criminal history
background check determination;
(b) report of physical examination completed by a licensed physician, nurse practitioner or physician’s
assistant;
(c) for administrators, on-site managers and staff persons, evidence of first aid and cardiopulmonary
resuscitation training and recertification as required; and
(d) employment history, including previous places of work and employers.
(12) No administrator, on-site manager, or staff person shall be under the influence of alcohol or other
controlled substances while at the home.