Action to Enjoin Operation of Facility

1. Law
2. Georgia Code
3. Health
4. Renal Disease Facilities
5. Action to Enjoin Operation of Facility

The department may request that the Attorney General bring an action to enjoin either the continued operation of the facility or the closing of the facility in the superior court of the county in which an end stage renal disease facility is located in the name of and on behalf of the state or for the appointment of a temporary manager to manage that end stage renal disease facility if:

1. The facility is operating without a license;
2. The department has denied, suspended, or revoked the facility's license, but the facility continues to operate;
3. License denial, suspension, or revocation proceedings against the facility are pending and the department determines that an imminent or reasonably foreseeable threat to the health and safety of a patient of the facility exists;
4. The department determines that an emergency exists that presents an immediate threat to the health and safety of a patient of the facility; or
5. The facility is closing and arrangements for the care of patients by other licensed facilities have not been made before closure.

(Code 1981, §31-44-14, enacted by Ga. L. 2000, p. 526, § 1.)

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.

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.

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