Title 31, Chapter 7, Section 258
( 31-7-258)
(a) 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 satisfactory fingerprint records check
determination, 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. (b) If the department determines under subsection (a) of this Code
section that there has ever been an unsatisfactory preliminary or
fingerprint records check determination of the newly designated
director, 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 preliminary or fingerprint records check
determination and proceeds pursuant to the provisions of this Code
section relating to a change of director. (c) 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 satisfactory preliminary records check determination 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. |