24 LC 36 5881S
The Senate Committee on Judiciary offered the following
substitute to HB 508:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 20, 26, 31, 33, and 43 of the Official Code of Georgia Annotated, relating1
to education, food, drugs, and cosmetics, health, insurance, and professions and businesses,2
respectively, so as to create a preclearance process in the licensing of individuals with3
criminal records who make an application to or are investigated by certain licensing boards4
and commissions; to provide for definitions; to require certain licensing authorities to provide5
evidence to support adverse licensing decisions based on criminal convictions; to require a6
hearing prior to denying certain applicants on the basis of an individual's criminal record; to7
establish findings that shall be made and evidence that shall and shall not be considered prior8
to refusing to grant certain licenses based on certain criminal convictions; to allow an9
applicant to submit his or her own criminal record when applying for certain licenses; to10
provide for reapplication for licensure; to authorize and provide a process and requirements11
for predetermination decisions; to require certain licensure application information be12
included in certain applications and posted on a public website; to require certain annual13
reports concerning certain applications, predeterminations, and conviction records be filed14
with the Secretary of State; to amend Chapter 4 of Title 25 of the Official Code of Georgia15
Annotated, relating to firefighter standards and training, so as to provide for the reporting of16
guilty pleas taken under the "Georgia First Offender Act" to obtain employment as a fire17
fighter; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia18
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Annotated, relating to Georgia Crime Information Center, so as to provide for criminal19
history record information restrictions for certain persons cited with or convicted of certain20
criminal offenses; to provide that restricted criminal history record information shall be21
available to criminal justice agencies; to provide for petitions; to provide for criminal history22
record information restriction for persons granted a pardon for certain offenses; to amend23
Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first24
offenders, so as to revise the procedure for petitioning for exoneration and discharge when25
an individual has qualified for sentencing as a first offender; to provide for exceptions to26
retroactively granting first offender treatment; to provide for related matters; to provide for27
an effective date and applicability; to repeal conflicting laws; and for other purposes.28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:29
PART I30
SECTION 1-1.31
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,32
is amended by revising Code Section 43-1-1, relating to definitions, as follows:33
"43-1-1.34
As used in this title, the term:35
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of36
whether an appeal of such finding, verdict, or plea has been sought.37
(2) 'Covered misdemeanor' shall mean any:38
(A) Misdemeanor conviction in the five years prior to the submission of the licensing39
application; and40
(B) Misdemeanor conviction listed in subparagraph (j)(4)(B) of Code Section 35-3-37,41
irrespective of the date of such conviction.42
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(1)(3) 'Division' means the professional licensing boards division created under Code43
Section 43-1-2.44
(2)(4) 'Division director' means the individual appointed by the Secretary of State as45
director of the professional licensing boards division within the office of the Secretary46
of State.47
(5) 'Felony' means any offense which, if committed in this state, would be deemed a48
felony, without regard to its designation elsewhere.49
(3)(6) 'Professional licensing board' means any board, bureau, commission, or other50
agency of the executive branch of state government which is created for the purpose of51
licensing or otherwise regulating or controlling any profession, business, or trade and52
which is placed by law under the jurisdiction of the division director of the professional53
licensing boards division within the office of the Secretary of State."54
SECTION 1-2.55
Said title is further amended in Code Section 43-1-19, relating to a professional licensing56
board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and57
probationary licenses, by revising subsection (a) as follows:58
"(a) A professional licensing board shall have the authority to refuse to grant a license to59
an applicant therefor or to revoke the license of a person licensed by that board or to60
discipline a person licensed by that board, upon a finding by a majority of the entire board61
that the licensee or applicant has:62
(1) Failed to demonstrate the qualifications or standards for a license contained in this63
Code section, or under the laws, rules, or regulations under which licensure is sought or64
held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the65
board that he or she meets all the requirements for the issuance of a license, and, if the66
board is not satisfied as to the applicant's qualifications, it may deny a license without a67
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prior hearing; provided, however, that the applicant shall be allowed to appear before the68
board if he or she so desires;69
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the70
practice of a business or profession licensed under this title or on any document71
connected therewith; practiced fraud or deceit or intentionally made any false statement72
in obtaining a license to practice the licensed business or profession; or made a false73
statement or deceptive registration with the board;74
(3) Been convicted of any a directly related felony or a directly related covered75
misdemeanor or of any crime involving moral turpitude in the courts of this state or any76
other state, territory, or country or in the courts of the United States; as used in this77
paragraph, paragraph (4) of this subsection, and subsection (q) of this Code section, the78
term 'felony' shall include any offense which, if committed in this state, would be deemed79
a felony, without regard to its designation elsewhere; and, as used in this paragraph and80
subsection (q) of this Code section, the term 'conviction' shall include a finding or verdict81
of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been82
sought;. The professional licensing board shall have the burden of justifying by clear and83
convincing evidence that a conviction supports an adverse licensing decision. Before the84
professional licensing board may deny an applicant a license due to his or her criminal85
record, such applicant shall be entitled to a hearing before the professional licensing86
board in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure87
Act';88
(4)(A) Been arrested, charged, and sentenced for the commission of any felony, or any89
crime involving moral turpitude, when:90
(i) A sentence for such offense was imposed pursuant to Article 3 of Chapter 8 of91
Title 42 or another state's first offender laws;92
(ii) A sentence for such offense was imposed pursuant to subsection (a) or (c) of93
Code Section 16-13-2;94
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(iii) A sentence for such offense was imposed as a result of a plea of nolo contendere;95
or96
(iv) An adjudication of guilt or sentence was otherwise withheld or not entered on the97
charge.98
(B) An order entered pursuant to subsection (a) or (c) of Code Section 16-13-2, Article99
3 of Chapter 8 of Title 42, or another state's first offender treatment order shall be100
conclusive evidence of an arrest and sentencing for such offense;101
(5)(4) Had his or her license to practice a business or profession licensed under this title102
revoked, suspended, or annulled by any lawful licensing authority other than the board;103
had other disciplinary action taken against him or her by any such lawful licensing104
authority other than the board; was denied a license by any such lawful licensing105
authority other than the board, pursuant to disciplinary proceedings; or was refused the106
renewal of a license by any such lawful licensing authority other than the board, pursuant107
to disciplinary proceedings;108
(6)(5) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious109
conduct or practice harmful to the public that materially affects the fitness of the licensee110
or applicant to practice a business or profession licensed under this title or is of a nature111
likely to jeopardize the interest of the public; such conduct or practice need not have112
resulted in actual injury to any person or but must be directly related to the practice of the113
licensed business or profession but shows and show that the licensee or applicant has114
committed any act or omission which is indicative of bad moral character or115
untrustworthiness and which makes the licensee or applicant currently likely to harm the116
public. Such conduct or practice shall also include any departure from, or the failure to117
conform to, the minimal reasonable standards of acceptable and prevailing practice of the118
business or profession licensed under this title;119
(7)(6) Knowingly performed any act which in any way aids, assists, procures, advises,120
or encourages any unlicensed person or any licensee whose license has been suspended121
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or revoked by a professional licensing board to practice a business or profession licensed122
under this title or to practice outside the scope of any disciplinary limitation placed upon123
the licensee by the board;124
(8)(7) Violated a statute, law, or any rule or regulation of this state, any other state, the125
professional licensing board regulating the business or profession licensed under this title,126
the United States, or any other lawful authority without regard to whether the violation127
is criminally punishable when such statute, law, or rule or regulation relates to or in part128
regulates the practice of a business or profession licensed under this title and when the129
licensee or applicant knows or should know that such action violates such statute, law,130
or rule; or violated a lawful order of the board previously entered by the board in a131
disciplinary hearing, consent decree, or license reinstatement;132
(9)(8) Been adjudged mentally incompetent by a court of competent jurisdiction within133
or outside this state; any such adjudication shall automatically suspend the license of any134
such person and shall prevent the reissuance or renewal of any license so suspended for135
so long as the adjudication of incompetence is in effect;136
(10)(9) Displayed an inability to practice a business or profession licensed under this title137
with reasonable skill and safety to the public or has become unable to practice the138
licensed business or profession with reasonable skill and safety to the public by reason139
of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material;140
or141
(11)(10) Failed to comply with an order for child support as defined by Code Section142
19-11-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of143
release to the board from the child support agency within the Department of Human144
Services indicating that the applicant or licensee has come into compliance with an order145
for child support so that a license may be issued or granted if all other conditions for146
licensure are met."147
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SECTION 1-3.148
Said title is further amended in Code Section 43-1-19, relating to a professional licensing149
board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and150
probationary licenses, by revising subsection (j) as follows:151
"(j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity152
nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a153
previously denied license shall be considered to be a contested case within the meaning of154
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing155
within the meaning of such chapter shall not be required, but the applicant or licensee shall156
be allowed to appear before the board if he or she so requests. A board may resolve a157
pending action by the issuance of a letter of concern. Such letter shall not be considered158
a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be159
disclosed to any person except the licensee or applicant."160
SECTION 1-4.161
Said title is further amended in Code Section 43-1-19, relating to a professional licensing162
board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and163
probationary licenses, by revising subsection (q) as follows:164
"(q)(1) Notwithstanding paragraphs paragraph (3) and (4) of subsection (a) of this Code165
section or any other provision of law, and unless the professional licensing board shall166
refuse to grant a license to an individual or shall revoke a license only if a felony or crime167
involving moral turpitude covered misdemeanor directly relates to the occupation for168
which the license is sought or held and granting the license would pose a direct and169
substantial risk to public safety because the individual has not been rehabilitated to safely170
perform the duties and responsibilities of such occupation, after considering the criteria171
in paragraph (2) of this subsection. Without finding a direct and substantial risk to public172
safety and a direct relationship between the conviction and the licensed occupation, no173
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professional licensing board shall refuse to grant a license to an applicant therefor or shall174
revoke the license of an individual licensed by that board due solely or in part to such175
applicant's or licensee's:176
(A) Conviction of any felony or any crime involving moral turpitude covered177
misdemeanor, whether it occurred in the courts of this state or any other state, territory,178
or country or in the courts of the United States;179
(B) Arrest, charge, and sentence for the commission of such offense;180
(C) Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another181
state's first offender laws;182
(D) Sentence for such offense pursuant to subsection (a) or (c) of Code Section183
16-13-2;184
(E) Sentence for such offense as a result of a plea of nolo contendere;185
(F) Adjudication of guilt or sentence was otherwise withheld or not entered; or186
(G) Being under supervision by a community supervision officer, as such term is187
defined in Code Section 42-3-1, for a conviction of any felony or any crime involving188
moral turpitude covered misdemeanor, whether it occurred in the courts of this state or189
any other state, territory, or country or in the courts of the United States, so long as such190
individual was not convicted of a felony violation of Chapter 5 of Title 16 nor191
convicted of a crime requiring registration on the state sexual offender registry.192
(2) In determining if a felony or crime involving moral turpitude covered misdemeanor193
directly relates to the occupation for which the license is sought or held, the professional194
licensing board shall consider:195
(A) The nature and seriousness of such felony or crime involving moral turpitude196
covered misdemeanor and the direct relationship of such felony or crime involving197
moral turpitude the criminal conduct to the duties and responsibilities of the occupation198
for which the license is sought or held;199
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(B) The age of the individual at the time such felony or crime involving moral200
turpitude covered misdemeanor was committed;201
(C) The length of time elapsed since such felony or crime involving moral turpitude202
covered misdemeanor was committed;203
(D) All circumstances relative to such felony or crime involving moral turpitude204
covered misdemeanor, including, but not limited to, mitigating circumstances or social205
conditions surrounding the commission of such felony or crime involving moral206
turpitude covered misdemeanor; and207
(E) Evidence of rehabilitation and present fitness to perform the duties of the208
occupation for which the license is sought or held., including, but not limited to:209
(i) The completion of the criminal sentence;210
(ii) A program and treatment certificate issued by the Board of Corrections;211
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol212
treatment program;213
(iv) Testimonials and recommendations, which may include a progress report from214
the individual's probation or parole officer;215
(v) Education and training;216
(vi) Employment history;217
(vii) Employment aspirations;218
(viii) The individual's current family or community responsibilities, or both;219
(ix) Whether a bond is required to practice the occupation;220
(x) Any affidavits or other written documents, including, but not limited to, character221
references; and222
(xi) Any other information regarding rehabilitation the individual submits to the223
board.224
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(3) In determining whether to deny, diminish, limit, suspect, revoke, refuse to renew, or225
otherwise withhold a license, the professional licensing board shall not consider nor226
require an individual to disclose:227
(A) A deferred adjudication, first offender treatment, participation in a diversion228
program, a conditional discharge, or an arrest not followed by a conviction;229
(B) A conviction for which no sentence of incarceration can be imposed;230
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or231
pardoned;232
(D) A juvenile adjudication;233
(E) A misdemeanor conviction older than five years, unless the offense of conviction234
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or235
(F) A conviction older than five years for which the individual was not incarcerated,236
or a conviction for which the individual's incarceration ended more than five years237
before the date of the board's consideration, except for a felony conviction related to:238
(i) A criminal sexual act;239
(ii) Criminal fraud or embezzlement;240
(iii) Aggravated assault;241
(iv) Aggravated robbery;242
(v) Aggravated abuse, neglect, or endangerment of a child;243
(vi) Arson;244
(vii) Carjacking;245
(viii) Kidnapping; or246
(ix) Manslaughter, homicide, or murder.247
(4) Notwithstanding any other provision of law, no professional licensing board may248
apply a vague character standard to licensure decisions or predeterminations, including,249
but not limited to, 'good moral character,' 'moral turpitude,' or 'character and fitness.'250
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(5) Notwithstanding any other provision of law, a professional licensing board shall251
provide individualized consideration of an individual's criminal record and shall not252
automatically deny licensure on the basis of the individual's criminal record.253
(6)(A) If an applicant's criminal record includes issues that will or may prevent the254
board from issuing a license to the applicant, the board shall notify the applicant, in255
writing, of the specific issues in sufficient time for the applicant to provide additional256
documentation supporting the application before the board's final decision to deny the257
application. After receiving notice of any potential issue with licensure due to his or258
her criminal convictions, an applicant shall have 30 days to respond by correcting any259
inaccuracy in the criminal record or by submitting additional evidence of mitigation or260
rehabilitation for the board's consideration, or both.261
(B) For the professional licensing board to deny a license on the basis of the applicant's262
criminal convictions, the board shall first provide an opportunity for a hearing for such263
applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative264
Procedure Act.' The applicant shall have the opportunity at such hearing to present the265
written or oral testimony of character witnesses, including, but not limited to, family266
members, friends, prospective employers, probation or parole officers, and267
rehabilitation counselors. The professional licensing board shall issue a decision within268
60 days of the complete submission of the issues for consideration or the hearing,269
whichever is later.270
(C) The professional licensing board shall have the burden of justifying by clear and271
convincing evidence, after a hearing, that an applicant's criminal record supports any272
adverse licensing decision. If the board denies an applicant a license by reason of the273
applicant's criminal record, the board shall:274
(i) Make written findings specifying any of the applicant's convictions and the factors275
provided for in subparagraph (A) of paragraph (2) of this subsection the board276
deemed directly relevant and explaining the basis and rationale for the denial. Such277
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written findings shall be signed by the board's presiding officer and shall note the278
applicant's right to appeal and explain the applicant's ability to reapply. No applicant279
shall be restricted from reapplying for licensure for more than two years from the date280
of the most recent application;281
(ii) Provide or serve a signed copy of the written findings to the applicant within 60282
days of the denial; and283
(iii) Retain a signed copy of the written findings for no less than five years.284
(D) The denial of a license in part or in whole because of the applicant's criminal285
record shall constitute a contested case as defined in Code Section 50-13-2. In an286
administrative hearing or civil action reviewing the denial of a license, the professional287
licensing board shall have the burden of proving that the applicant's criminal record288
directly relates to the occupation for which the license is sought.289
(7)(A) Notwithstanding any other provision of law, an individual with a criminal290
record may petition a professional licensing board at any time, including while291
incarcerated and before starting or completing any required professional qualifications292
for licensure, for a predetermination as to whether such individual's criminal record will293
disqualify him or her from obtaining a license.294
(B) The petition for predetermination shall include the individual's criminal record or295
authorize the board to obtain the individual's criminal record. The petitioning296
individual need not disclose any offenses provided for in paragraph (3) of this297
subsection. Such petition shall also include any information the petitioner chooses to298
submit concerning the circumstances of their record and their rehabilitation.299
(C) In considering predetermination petitions, the professional licensing board shall300
apply the direct relationship standard provided for in paragraphs (1) and (2) of this301
subsection and shall not consider any offenses falling under paragraph (3) of this302
subsection. The board shall support any adverse predetermination with clear and303
convincing evidence.304
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(D) A predetermination made under this subsection that a petitioner is eligible for a305
license shall be binding on the professional licensing board only if the petitioner applies306
for licensure, fulfills all other requirements for the occupational license, and the307
petitioner's submitted criminal record was correct and remains unchanged at the time308
of his or her application for a license.309
(E) If a petitioner's criminal record includes matters that may disqualify the petitioner310
from licensure, the board shall notify the petitioner of the potentially disqualifying311
convictions. The letter of concern shall advise the petitioner of their opportunity to312
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.313
(F) The professional licensing board may predetermine that the petitioner's criminal314
record is likely grounds for denial of a license only after the board has held a hearing315
on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia316
Administrative Procedure Act.' The hearing shall be held in person, by remote video,317
or by teleconference within 60 days of receipt of the predetermination petition. The318
individual shall have the opportunity to offer written or oral testimony of character319
witnesses at the hearing, including but not limited to family members, friends, past or320
prospective employers, probation or parole officers, and rehabilitation counselors. The321
professional licensing board shall not make an adverse inference by a petitioner's322
decision to forgo a hearing or character witnesses. The board shall issue a final323
decision within 60 days of complete submission of the issue for consideration or the324
hearing, whichever is later.325
(G) If the professional licensing board decides that a predetermination petitioner is326
ineligible for a license, the board shall notify the petitioner of the following:327
(i) The grounds and rationale for the predetermination, including any of the328
petitioner's specific convictions and the factors provided for in subparagraph (A) of329
paragraph (2) of this subsection the board deemed directly relevant;330
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(ii) An explanation of the process and right to appeal the board's predetermination331
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';332
and333
(iii) Any actions the petitioner may take to remedy the disqualification. An334
individual who receives a predetermination of ineligibility may submit a revised335
petition reflecting completion of the remedial actions. The individual may submit a336
new petition to the board not before one year following a final judgment on their337
initial petition or upon completing the remedial actions, whichever is earlier.338
(H) The denial of a predetermination petition because of the applicant's criminal record339
shall constitute a contested case as defined in Code Section 50-13-2. In an340
administrative hearing or civil action reviewing the denial of a predetermination341
petition, the professional licensing board shall have the burden of proving that the342
applicant's criminal record directly relates to the licensed occupation.343
(8) Each professional licensing board shall include in its application for licensure and on344
its public website all of the following information:345
(A) Whether the board requires applicants to consent to a criminal record check;346
(B) The direct relationship standard provided for in paragraph (1) of this subsection347
and those factors provided for in paragraph (2) of this subsection that the board shall348
consider when making a determination of licensure;349
(C) The criminal record disclosure provided for in paragraph (3) of this subsection;350
(D) The appeals process pursuant to Chapter 13 of Title 50, the 'Georgia351
Administrative Procedure Act,' if the board denies or revokes licensure in whole or in352
part because of a criminal conviction; and353
(E) The predetermination petition process, standards, and application, as well as the354
process for appealing an adverse predetermination pursuant to Chapter 13 of Title 50,355
the 'Georgia Administrative Procedure Act.'356
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(9) No later than March 31 each year, each occupational licensing board shall file with357
the Secretary of State an annual report containing information from the previous year as358
to:359
(A) The number of applicants for a license and, of that number, the number of licenses360
granted;361
(B) The number of applicants with a criminal record and, of that number, the number362
of licenses granted, denied a license for any reason, and denied due to a conviction or363
state supervision status;364
(C) The number of predetermination petitioners and, of that number, the number365
deemed eligible for a license and the number deemed ineligible for a license;366
(D) The racial and ethnic distribution of licensing applicants, including the racial and367
ethnic distribution of applicants with a criminal record; and368
(E) The racial and ethnic distribution of licensing applicants with a criminal record369
granted a license, denied a license for any reason, and denied a license due to a370
conviction or state supervision status."371
SECTION 1-5.372
Said title is further amended by revising Code Section 43-1-27, relating to requirement that373
licensee notify licensing authority of felony conviction, as follows:374
"43-1-27.375
Any licensed individual who is convicted under the laws of this state, the United States, or376
any other state, territory, or country of a felony as defined in paragraph (3) of subsection377
(a) of Code Section 43-1-19 43-1-1 shall be required to notify the appropriate licensing378
authority of the conviction within ten days of the conviction. The failure of a licensed379
individual to notify the appropriate licensing authority of a conviction shall be considered380
grounds for revocation of his or her license, permit, registration, certification, or other381
authorization to conduct a licensed profession."382
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SECTION 1-6.383
Said title is further amended by revising Code Section 43-15-19, relating to revocation,384
suspension, or denial of certificates, certificates of registration, or licenses, and reprimands,385
as follows: 386
"43-15-19.387
(a) The board shall have the power, after notice and hearing, to deny any application made388
to it, to revoke or suspend any certificate, certificate of registration, or license issued by it,389
or to reprimand any individual holding a certificate, certificate of registration, or license390
issued by it, upon the following grounds:391
(1) Commission of any fraud or deceit in obtaining a certificate, certificate of392
registration, or license;393
(2) Any gross negligence, incompetency, or unprofessional conduct in the practice of394
professional engineering or land surveying as a professional engineer or a professional395
land surveyor, respectively;396
(3) Affixing a seal to any plan, specification, plat, or report contrary to Code Section397
43-15-22;398
(4) Conviction of a felony or crime involving moral turpitude covered misdemeanor as399
defined in Code Section 43-1-1 in the courts of this state, the United States, or any state400
or territory of the United States or the conviction of an offense in another jurisdiction401
which, if committed in this state, would be deemed a felony. 'Conviction' shall include402
a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal403
proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not404
entered thereon pursuant to Article 3 of Chapter 8 of Title 42 or any comparable rule or405
statute; or406
(5) Any violation of this chapter or any rule or regulation promulgated by the board407
pursuant to the powers conferred on it by this chapter.408
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(b) 'Unprofessional conduct,' as referred to in paragraph (2) of subsection (a) of this Code409
section, includes a violation of those standards of professional conduct for professional410
engineers and professional land surveyors adopted by the board pursuant to the power411
conferred upon it to promulgate rules and regulations to effectuate the duties and powers412
conferred on it by this chapter."413
SECTION 1-7.414
Said title is further amended by adding two new Code sections to read as follows:415
"43-15-19.1.416
(a) Notwithstanding paragraph (4) of subsection (a) of Code Section 43-15-19, the board417
shall refuse to grant a license to an individual or shall revoke a license only if a conviction418
directly relates to the occupation for which the license is sought or held and granting the419
license would pose a direct and substantial risk to public safety because the individual has420
not been rehabilitated to safely perform the duties and responsibilities of the occupation for421
which the license is sought or held. In determining if a conviction directly relates to the422
occupation for which the license is sought or held, the board shall consider:423
(1) The nature and seriousness of the offense and the direct relationship of the criminal424
conduct to the duties and responsibilities of the occupation for which the license is sought425
or held;426
(2) The age of the individual at the time the offense was committed;427
(3) The length of time elapsed since the offense was committed;428
(4) All circumstances relative to the offense, including, but not limited to, mitigating429
circumstances or social conditions surrounding the commission of the offense; and430
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation431
for which the license is sought or held, including, but not limited to:432
(A) The completion of the criminal sentence;433
(B) A program and treatment certificate issued by the Board of Corrections;434
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(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment435
program;436
(D) Testimonials and recommendations, which may include a progress report from the437
individual's probation or parole officer;438
(E) Education and training;439
(F) Employment history;440
(G) Employment aspirations;441
(H) The individual's current family or community responsibilities, or both;442
(I) Whether a bond is required to practice the occupation;443
(J) Any affidavits or other written documents, including, but not limited to, character444
references; and445
(K) Any other information regarding rehabilitation the individual submits to the board.446
(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or447
otherwise withhold a license, the board shall not consider nor require an individual to448
disclose:449
(1) A deferred adjudication, first offender treatment, diversion program, conditional450
discharge, or an arrest not followed by a conviction;451
(2) A conviction for which no sentence of incarceration can be imposed;452
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or453
pardoned;454
(4) A juvenile adjudication;455
(5) A misdemeanor conviction older than five years, unless the offense of conviction is456
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or457
(6) A conviction older than five years for which the individual was not incarcerated, or458
a conviction for which the individual's incarceration ended more than five years before459
the date of the board's consideration, except for a felony conviction related to:460
(A) A criminal sexual act;461
- 18 - 24 LC 36 5881S
(B) Criminal fraud or embezzlement;462
(C) Aggravated assault;463
(D) Aggravated robbery;464
(E) Aggravated abuse, neglect, or endangerment of a child;465
(F) Arson;466
(G) Carjacking;467
(H) Kidnapping; or468
(I) Manslaughter, homicide, or murder.469
42-15-19.2.470
(a) Notwithstanding any other provision of law, an individual with a criminal record may471
petition the board at any time, including while incarcerated and before starting or472
completing any required professional qualifications for licensure, for a predetermination473
as to whether the individual's criminal record will disqualify him or her from obtaining a474
license.475
(b) The petition for predetermination shall include the individual's criminal record or476
authorize the board to obtain the individual's criminal record. The petitioning individual477
need not disclose any offenses falling under subsection (b) of Code Section 43-15-19.1.478
The petition shall also include any information the petitioner chooses to submit concerning479
the circumstances of their record and their rehabilitation.480
(c) In considering predetermination petitions, the board shall apply the direct relationship481
standard in subsection (a) of Code Section 43-15-19.1. The board shall support any482
adverse predetermination by justifying that it is substantially more likely than not that a483
criminal record supports an adverse licensing decision.484
(d) A predetermination made under this subsection that a petitioner is eligible for a license485
shall be binding on the board only if the petitioner applies for licensure, fulfills all other486
- 19 - 24 LC 36 5881S
requirements for the licensure, and the petitioner's submitted criminal record was correct487
and remains unchanged at the time of his or her application for a license.488
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from489
licensure, the board shall notify the petitioner of the potentially disqualifying convictions.490
The letter of concern shall advise the petitioner of their opportunity to submit additional491
evidence of rehabilitation and mitigation or for a hearing, or both.492
(f) The board may predetermine that the petitioner's criminal record is likely grounds for493
denial of a license only after the board has held a hearing on the petitioner's eligibility in494
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The495
hearing shall be held in person, by remote video, or by teleconference within 60 days of496
receipt of the predetermination petition. The individual shall have the opportunity to497
include character witnesses at the hearing, including but not limited to family members,498
friends, past or prospective employers, probation or parole officers, and rehabilitation499
counselors, who may offer their verbal or written support. The board shall not make an500
adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The501
board shall issue a final decision within 60 days of complete submission of the issue for502
consideration or the hearing, whichever is later.503
(g) If the board decides that a predetermination petitioner is ineligible for a license, the504
board shall notify the petitioner of the following:505
(1) The grounds and rationale for the predetermination, including the specific506
convictions and the factors in subsection (a) of Code Section 43-15-19.1 the board507
deemed directly relevant;508
(2) An explanation of the process and right to appeal the board's predetermination509
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and510
(3) Any actions the petitioner may take to remedy the disqualification. An individual511
who receives a predetermination of ineligibility may submit a revised petition reflecting512
completion of the remedial actions. The individual may submit a new petition to the513
- 20 - 24 LC 36 5881S
board not before one year following a final judgment on their initial petition or upon514
completing the remedial actions, whichever is earlier.515
(h) The denial of a predetermination petition because of the applicant's criminal record516
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative517
hearing or civil action reviewing the denial of a predetermination petition, the board shall518
have the burden of proving that the applicant's criminal record directly relates to the519
licensed occupation."520
PART II521
SECTION 2-1.522
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,523
is amended in Code Section 43-3-21, relating to revocation or refusal to grant or renew524
accountant's licenses, by revising paragraphs (3) and (4) of subsection (a) as follows:525
"(3) Had been convicted of any directly related felony or crime involving moral turpitude526
directly related covered misdemeanor as defined in Code Section 43-1-1 in the courts of527
this state, any other state, a territory, or a country or in the courts of the United States. 528
As used in this paragraph, the term:529
(A) 'Conviction' means and includes a finding or verdict of guilty or a plea of guilty,530
regardless of whether an appeal of the conviction has been sought;531
(B) 'Felony' means and includes any offense which, if committed in this state, would532
be deemed a felony, without regard to its designation elsewhere.533
(4)(A) Had been arrested, charged, and sentenced for the commission of any felony or534
crime involving moral turpitude covered misdemeanor as defined in Code Section535
43-1-1 when:536
(i) First offender treatment without adjudication of guilt pursuant to the charge was537
granted; or538
- 21 - 24 LC 36 5881S
(ii) An adjudication of guilt or sentence was otherwise withheld or not entered on the539
charge, except with respect to a plea of nolo contendere.540
(B) An order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42541
or other first offender treatment shall be conclusive evidence of arrest and sentencing542
for such crime.543
(C) As used in this paragraph, the term 'felony' shall include any offense which, if544
committed in this state, would be deemed a felony, without regard to its designation545
elsewhere;"546
SECTION 2-2.547
Said title is further amended by adding two new Code sections to read as follows:548
"43-3-21.1.549
(a) Notwithstanding paragraphs (3) and (4) of subsection (a) of Code Section 43-3-21, the550
board of accountancy shall refuse to grant a license to an individual or shall revoke a551
license only if a conviction directly relates to the occupation for which the license is sought552
or held and granting the license would pose a direct and substantial risk to public safety553
because the individual has not been rehabilitated to safely perform the duties and554
responsibilities of the practice of public accountancy. In determining if a conviction555
directly relates to the occupation for which the license is sought or held, the board of556
accountancy shall consider:557
(1) The nature and seriousness of the offense and the direct relationship of the criminal558
conduct to the duties and responsibilities of the occupation for which the license is sought559
or held;560
(2) The age of the individual at the time the offense was committed;561
(3) The length of time elapsed since the offense was committed;562
(4) All circumstances relative to the offense, including, but not limited to, mitigating563
circumstances or social conditions surrounding the commission of the offense; and564
- 22 - 24 LC 36 5881S
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation565
for which the license is sought or held, including, but not limited to:566
(A) The completion of the criminal sentence;567
(B) A program and treatment certificate issued by the Board of Corrections;568
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment569
program;570
(D) Testimonials and recommendations, which may include a progress report from the571
individual's probation or parole officer;572
(E) Education and training;573
(F) Employment history;574
(G) Employment aspirations;575
(H) The individual's current family or community responsibilities, or both;576
(I) Whether a bond is required to practice the occupation;577
(J) Any affidavits or other written documents, including, but not limited to, character578
references; and579
(K) Any other information regarding rehabilitation the individual submits to the board.580
(b) In determining whether to deny, diminish, limit, suspect, revoke, refuse to renew, or581
otherwise withhold a license due to criminal record, the accountancy board shall not582
consider nor require an individual to disclose:583
(1) A deferred adjudication, first offender treatment, participation in a diversion584
program, a conditional discharge, or an arrest not followed by a conviction;585
(2) A conviction for which no sentence of incarceration can be imposed;586
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or587
pardoned;588
(4) A juvenile adjudication;589
(5) A misdemeanor conviction older than five years, unless the offense of conviction is590
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or591
- 23 - 24 LC 36 5881S
(6) A conviction older than five years for which the individual was not incarcerated, or592
a conviction for which the individual's incarceration ended more than five years before593
the date of the board's consideration, except for a felony conviction related to:594
(A) A criminal sexual act;595
(B) Criminal fraud or embezzlement;596
(C) Aggravated assault;597
(D) Aggravated robbery;598
(E) Aggravated abuse, neglect, or endangerment of a child;599
(F) Arson;600
(G) Carjacking;601
(H) Kidnapping; or602
(I) Manslaughter, homicide, or murder.603
43-3-21.2.604
(a) Notwithstanding any other provision of law, an individual with a criminal record may605
petition the accountancy board at any time, including while incarcerated and before starting606
or completing any required professional qualifications for licensure, for a predetermination607
as to whether the individual's criminal record will disqualify him or her from obtaining a608
license.609
(b) The petition for predetermination shall include the individual's criminal record or610
authorize the board to obtain the individual's criminal record. The petitioning individual611
need not disclose any offenses falling under subsection (b) of Code Section 43-3-21.1. The612
petition shall also include any information the petitioner chooses to submit concerning the613
circumstances of their record and their rehabilitation.614
(c) In considering predetermination petitions, the board shall apply the direct relationship615
standard in subsection (a) of Code Section 43-3-21.1. The board shall support any adverse616
predetermination with clear and convincing evidence.617
- 24 - 24 LC 36 5881S
(d) A predetermination made under this subsection that a petitioner is eligible for a license618
shall be binding on the board only if the petitioner applies for licensure, fulfills all other619
requirements for the licensure, and the petitioner's submitted criminal record was correct620
and remains unchanged at the time of his or her application for a license.621
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from622
licensure, the board shall notify the petitioner of the potentially disqualifying convictions. 623
The letter of concern shall advise the petitioner of their opportunity to submit additional624
evidence of rehabilitation and mitigation or for a hearing, or both.625
(f) The board may predetermine that the petitioner's criminal record is likely grounds for626
denial of a license only after the board has held a hearing on the petitioner's eligibility in627
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The628
hearing shall be held in person, by remote video, or by teleconference within 60 days of629
receipt of the predetermination petition. The individual shall have the opportunity to630
include character witnesses at the hearing, including but not limited to family members,631
friends, past or prospective employers, probation or parole officers, and rehabilitation632
counselors, who may offer their verbal or written support. The board shall not make an633
adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The634
board shall issue a final decision within 60 days of complete submission of the issue for635
consideration or the hearing, whichever is later.636
(g) If the board decides that a predetermination petitioner is ineligible for a license, the637
board shall notify the petitioner of the following:638
(1) The grounds and rationale for the predetermination, including the specific639
convictions and the factors in subsection (a) of Code Section 43-3-21.1 the board deemed640
directly relevant;641
(2) An explanation of the process and right to appeal the board's predetermination642
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and643
- 25 - 24 LC 36 5881S
(3) Any actions the petitioner may take to remedy the disqualification. An individual644
who receives a predetermination of ineligibility may submit a revised petition reflecting645
completion of the remedial actions. The individual may submit a new petition to the646
board not before one year following a final judgment on their initial petition or upon647
completing the remedial actions, whichever is earlier.648
(h) The denial of a predetermination petition because of the applicant's criminal record649
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative650
hearing or civil action reviewing the denial of a predetermination petition, the board shall651
have the burden of proving that the applicant's criminal record directly relates to the652
licensed occupation."653
SECTION 2-3.654
Said title is further amended in Code Section 43-3-27, relating to notification by an655
individual issued a license or certification as an accountant of conviction, time limit, and656
suspension, by revising subsection (a) as follows:657
"(a) Any individual issued a license or certification under this chapter or providing services658
under substantial equivalency practice privileges and convicted under the laws of this state,659
the United States, any other state, or any other country of a felony as defined in paragraph660
(3) of subsection (a) of Code Section 43-1-19 43-1-1 shall be required to notify the board661
of such conviction within 30 days of such conviction. The failure of such individual to662
notify the board of a conviction shall be considered grounds for revocation of his or her663
license or other authorization issued pursuant to this chapter."664
SECTION 2-4.665
Said title is further amended in Code Section 43-9-12, relating to refusal, suspension, or666
revocation of chiropractor licenses, subpoenas, other discipline, judicial review,667
- 26 - 24 LC 36 5881S
reinstatement, voluntary surrender of license, injunctions, and statement of complaint, by668
revising paragraphs (3) and (4) of subsection (a) as follows:669
"(3) Been convicted of any felony or covered misdemeanors of any crime involving670
moral turpitude in the courts of this state or any other state, territory, or country or in the671
courts of the United States; as used in this paragraph and paragraph (4) of this subsection,672
the term 'felony' shall include any offense which, if committed in this state, would be673
deemed a felony, without regard to its designation elsewhere; and, as used in this674
paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of675
guilty, regardless of whether an appeal of the conviction has been sought. Any such676
record shall be considered in the manner prescribed by subsection (q) of Code Section677
43-1-19;678
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime679
involving moral turpitude, covered misdemeanor where such record is considered in the680
manner prescribed by subsection (q) of Code Section 43-1-19 and:681
(A) A a plea of nolo contendere was entered to the charge;682
(B) First offender treatment without adjudication of guilt pursuant to the charge was683
granted; or684
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.685
The plea of nolo contendere or the order entered pursuant to the provisions of Article 3686
of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender687
treatment shall be conclusive evidence of arrest and sentencing for such crime;"688
SECTION 2-5.689
Said title is further amended in Code Section 43-10-20, relating to the teaching of barbering690
or the practice of a cosmetologist in prisons and certification of registration, by revising691
subsection (b) as follows:692
- 27 - 24 LC 36 5881S
"(b) The board shall be required to test an inmate who is an applicant for a certificate or693
registration under this chapter who has completed successfully a barber or cosmetologist694
training program operated by the Department of Corrections and who meets the695
requirements stated in Code Section 43-10-9. If such inmate passes the applicable written696
and practical examinations, the board may issue the appropriate certificate of registration697
to such inmate after consideration of all requirements under Code Sections 43-10-9 and698
43-1-19; provided, however, that the board shall not apply the provisions of paragraph (4)699
(3) of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such700
person's status as an inmate and shall apply such provisions in the same manner as would701
otherwise be applicable to an applicant who is not an inmate."702
SECTION 2-6.703
Said title is further amended in Code Section 43-11-47, relating to refusal to grant, or704
revocation of licenses by the Board of Dentistry, disciplining licensees, subpoenas, judicial705
review, investigations, immunity, failure to appear, and voluntary surrender, by revising706
paragraphs (3) and (4) of subsection (a) as follows:707
"(3) Been convicted of any felony or of any crime involving moral turpitude covered708
misdemeanor as defined in Code Section 43-1-1 in the courts of this state or any other709
state, territory, or country or in the courts of the United States; as used in this subsection,710
the term 'felony' shall include any offense which, if committed in this state, would be711
deemed a felony without regard to its designation elsewhere; and, as used in this712
subsection, the term 'conviction' shall include a finding or verdict of guilty or a plea of713
guilty, regardless of whether an appeal of the conviction has been sought. Any licensee714
who is convicted under the laws of this state, the United States, or any other state,715
territory, or country of a felony shall be required to notify the board of conviction within716
ten days of the conviction. The failure to notify the board of a conviction shall be717
considered grounds for revocation of his or her license;718
- 28 - 24 LC 36 5881S
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime719
involving moral turpitude covered misdemeanor, where:720
(A) A a plea of nolo contendere was entered to the charge;.721
(B) First offender treatment without adjudication of guilt pursuant to the charge was722
granted; or723
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.724
The plea of nolo contendere or the order entered pursuant to the provisions of Article 3725
of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of726
arrest and sentencing for such crime;"727
SECTION 2-7.728
Said title is further amended in Code Section 43-11-47, relating to refusal to grant, or729
revocation of, licenses by the Board of Dentistry, disciplining licensees, subpoenas, judicial730
review, investigations, immunity, failure to appear, and voluntary surrender, by adding two731
new subsections to read as follows:732
"(a.1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section, the733
board of dentistry shall refuse to grant a license to an individual or shall revoke a license734
only if a conviction directly relates to the occupation for which the license is sought or held735
and granting the license would pose a direct and substantial risk to public safety because736
the individual has not been rehabilitated to safely perform the duties and responsibilities737
of the practice of dentistry. In determining if a conviction directly relates to the occupation738
for which the license is sought or held, the board of dentistry shall consider:739
(1) The nature and seriousness of the offense and the direct relationship of the criminal740
conduct to the duties and responsibilities of the occupation for which the license is sought741
or held;742
(2) The age of the individual at the time the offense was committed;743
(3) The length of time elapsed since the offense was committed;744
- 29 - 24 LC 36 5881S
(4) All circumstances relative to the offense, including, but not limited to, mitigating745
circumstances or social conditions surrounding the commission of the offense; and746
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation747
for which the license is sought or held, including, but not limited to:748
(A) The completion of the criminal sentence;749
(B) A program and treatment certificate issued by the Board of Corrections;750
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment751
program;752
(D) Testimonials and recommendations, which may include a progress report from the753
individual's probation or parole officer;754
(E) Education and training;755
(F) Employment history;756
(G) Employment aspirations;757
(H) The individual's current family or community responsibilities, or both;758
(I) Whether a bond is required to practice the occupation;759
(J) Any affidavits or other written documents, including, but not limited to, character760
references; and761
(K) Any other information regarding rehabilitation the individual submits to the board.762
(6) In determining whether to terminate and revoke a license, the board shall not consider763
nor require an individual to disclose:764
(A) A deferred adjudication, a first offender adjudication, participation in a diversion765
program, a conditional discharge, or an arrest not followed by a conviction;766
(B) A conviction for which no sentence of incarceration can be imposed;767
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or768
pardoned;769
(D) A juvenile adjudication;770
- 30 - 24 LC 36 5881S
(E) A misdemeanor conviction older than five years, unless the offense of conviction771
is listed in Code section 35-3-37(j)(4); or772
(F) A conviction older than five years for which the individual was not incarcerated,773
or a conviction for which the individual's incarceration ended more than five years774
before the date of the board's consideration, except for a felony conviction related to:775
(i) A criminal sexual act;776
(ii) Criminal fraud or embezzlement;777
(iii) Aggravated assault;778
(iv) Aggravated robbery;779
(v) Aggravated abuse, neglect, or endangerment of a child;780
(vi) Arson;781
(vii) Carjacking;782
(viii) Kidnapping; or783
(ix) Manslaughter, homicide, or murder.784
(a.2)(1) Notwithstanding any other provision of law, an individual with a criminal record785
may petition the board of dentistry at any time, including while incarcerated and before786
starting or completing any required professional qualifications for licensure, for a787
predetermination as to whether the individual's criminal record will disqualify him or her788
from obtaining a license.789
(2) The petition for predetermination shall include the individual's criminal record or790
authorize the board to obtain the individual's criminal record. The petitioning individual791
need not disclose any offenses falling under paragraph (6) subsection (a.1) of this Code792
section. The petition shall also include any information the petitioner chooses to submit793
concerning the circumstances of their record and their rehabilitation.794
(3) In considering predetermination petitions, the board shall apply the direct relationship795
standard in subsection (a.1) of this Code section and shall not consider any offenses796
- 31 - 24 LC 36 5881S
falling under paragraph (6) of subsection (a.1) of this Code section. The board shall797
support any adverse predetermination with clear and convincing evidence.798
(4) A predetermination made under this subsection that a petitioner is eligible for a799
license shall be binding on the board only if the petitioner applies for licensure, fulfills800
all other requirements for the occupational licensure, and the petitioner's submitted801
criminal record was correct and remains unchanged at the time of his or her application802
for a license.803
(5) If a petitioner's criminal record includes matters that may disqualify the petitioner804
from licensure, the board shall notify the petitioner of the potentially disqualifying805
convictions. The letter of concern shall advise the petitioner of their opportunity to806
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.807
(6) The board may predetermine that the petitioner's criminal record is likely grounds for808
denial of a license only after the board has held a hearing on the petitioner's eligibility in809
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The810
hearing shall be held in person, by remote video, or by teleconference within 60 days of811
receipt of the predetermination petition. The individual shall have the opportunity to812
include character witnesses at the hearing, including but not limited to family members,813
friends, past or prospective employers, probation or parole officers, and rehabilitation814
counselors, who may offer their verbal or written support. The professional licensing815
board shall not make an adverse inference by a petitioner's decision to forgo a hearing or816
character witnesses. The board shall issue a final decision within 60 days of complete817
submission of the issue for consideration or the hearing, whichever is later.818
(7) If the professional licensing board decides that a predetermination petitioner is819
ineligible for a license, the board shall notify the petitioner of the following:820
(A) The grounds and rationale for the predetermination, including the specific821
convictions and the factors in subsection (a.1) of this Code section the board deemed822
directly relevant;823
- 32 - 24 LC 36 5881S
(B) An explanation of the process and right to appeal the board's predetermination824
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and825
(C) Any actions the petitioner may take to remedy the disqualification. An individual826
who receives a predetermination of ineligibility may submit a revised petition reflecting827
completion of the remedial actions. The individual may submit a new petition to the828
board not before one year following a final judgment on their initial petition or upon829
completing the remedial actions, whichever is earlier.830
(8) The denial of a predetermination petition because of the applicant's criminal record831
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative832
hearing or civil action reviewing the denial of a predetermination petition, the board shall833
have the burden of proving that the applicant's criminal record directly relates to the834
licensed occupation."835
SECTION 2-8.836
Said title is further amended in Code Section 43-11-71, relating to qualifications of837
applicants for license and criminal background check, by revising subsection (a) and by838
adding two new subsections to read as follows:839
"(a) No person shall be entitled to or be issued such license as set out in Code Section840
43-11-70 unless such person is at least 18 years of age, of good moral character, and a841
graduate of a dental hygiene program recognized by the board and accredited by the842
Commission on Dental Accreditation of the American Dental Association (ADA) or its843
successor agency which is operated by a school or college accredited by an institutional844
accrediting agency recognized by the United States Department of Education whose845
curriculum is at least two academic years of courses at the appropriate level and at the846
completion of which an associate or baccalaureate degree is awarded.847
(b) Application for a license under Code Section 43-11-70 shall constitute consent for848
performance of a criminal background check. Each applicant who submits an application849
- 33 - 24 LC 36 5881S
to the board for licensure agrees to provide the board with any and all information850
necessary to run a criminal background check, including but not limited to classifiable sets851
of fingerprints. The applicant shall be responsible for all fees associated with the852
performance of a background check.853
(c) Notwithstanding subsections (a) and (b) of this Code section, the board of dentistry854
shall refuse to grant a license to an individual or shall revoke a license only if a conviction855
directly relates to the occupation for which the license is sought or held and granting the856
license would pose a direct and substantial risk to public safety because the individual has857
not been rehabilitated to safely perform the duties and responsibilities of the practice of a858
dental hygienist. In determining if a conviction directly relates to the occupation for which859
the license is sought or held, the board of dentistry shall consider:860
(1) The nature and seriousness of the offense and the direct relationship of the criminal861
conduct to the duties and responsibilities of the occupation for which the license is sought862
or held;863
(2) The age of the individual at the time the offense was committed;864
(3) The length of time elapsed since the offense was committed;865
(4) All circumstances relative to the offense, including, but not limited to, mitigating866
circumstances or social conditions surrounding the commission of the offense; and867
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation868
for which the license is sought or held, including, but not limited to:869
(A) The completion of the criminal sentence;870
(B) A program and treatment certificate issued by the Board of Corrections;871
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment872
program;873
(D) Testimonials and recommendations, which may include a progress report from the874
individual's probation or parole officer;875
(E) Education and training;876
- 34 - 24 LC 36 5881S
(F) Employment history;877
(G) Employment aspirations;878
(H) The individual's current family or community responsibilities, or both;879
(I) Whether a bond is required to practice the occupation;880
(J) Any affidavits or other written documents, including, but not limited to, character881
references; and882
(K) Any other information regarding rehabilitation the individual submits to the board.883
(6) In determining whether to terminate and revoke a license, the board shall not consider884
nor require an individual to disclose:885
(A) A deferred adjudication, first offender treatment, participation in a diversion886
program, a conditional discharge, or an arrest not followed by a conviction;887
(B) A conviction for which no sentence of incarceration can be imposed;888
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or889
pardoned;890
(D) A juvenile adjudication;891
(E) A misdemeanor conviction older than five years, unless the offense of conviction892
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or893
(F) A conviction older than five years for which the individual was not incarcerated,894
or a conviction for which the individual's incarceration ended more than five years895
before the date of the board's consideration, except for a felony conviction related to:896
(i) A criminal sexual act;897
(ii) Criminal fraud or embezzlement;898
(iii) Aggravated assault;899
(iv) Aggravated robbery;900
(v) Aggravated abuse, neglect, or endangerment of a child;901
(vi) Arson;902
(vii) Carjacking;903
- 35 - 24 LC 36 5881S
(viii) Kidnapping; or904
(ix) Manslaughter, homicide, or murder.905
(d)(1) Notwithstanding any other provision of law, an individual with a criminal record906
may petition the board of dentistry at any time, including while incarcerated and before907
starting or completing any required professional qualifications for licensure, for a908
predetermination as to whether the individual's criminal record will disqualify him or her909
from obtaining a license.910
(2) The petition for predetermination shall include the individual's criminal record or911
authorize the board to obtain the individual's criminal record. The petitioning individual912
need not disclose any offenses falling under subparagraph (c)(6)(F) of this Code section. 913
The petition shall also include any information the petitioner chooses to submit914
concerning the circumstances of their record and their rehabilitation.915
(3) In considering predetermination petitions, the professional licensing board shall apply916
the direct relationship standard in subsection (c) of this Code section and shall not917
consider any offenses falling under subparagraph (c)(6)(F) of this Code section. The918
board shall support any adverse predetermination with clear and convincing evidence.919
(4) A predetermination made under this subsection that a petitioner is eligible for a920
license shall be binding on the professional licensing board only if the petitioner applies921
for licensure, fulfills all other requirements for the occupational licensure, and the922
petitioner's submitted criminal record was correct and remains unchanged at the time of923
his or her application for a license.924
(5) If a petitioner's criminal record includes matters that may disqualify the petitioner925
from licensure, the board shall notify the petitioner of the potentially disqualifying926
convictions. The letter of concern shall advise the petitioner of their opportunity to927
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.928
(6) The board may predetermine that the petitioner's criminal record is likely grounds for929
denial of a license only after the board has held a hearing on the petitioner's eligibility in930
- 36 - 24 LC 36 5881S
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The931
hearing shall be held in person, by remote video, or by teleconference within 60 days of932
receipt of the predetermination petition. The individual shall have the opportunity to933
include character witnesses at the hearing, including but not limited to family members,934
friends, past or prospective employers, probation or parole officers, and rehabilitation935
counselors, who may offer their verbal or written support. The professional licensing936
board shall not make an adverse inference by a petitioner's decision to forgo a hearing or937
character witnesses. The board shall issue a final decision within 60 days of complete938
submission of the issue for consideration or the hearing, whichever is later.939
(7) If the board decides that a predetermination petitioner is ineligible for a license, the940
board shall notify the petitioner of the following:941
(A) The grounds and rationale for the predetermination, including the specific942
convictions and the factors in subsection (c) of this Code section the board deemed943
directly relevant;944
(B) An explanation of the process and right to appeal the board's predetermination945
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and946
(C) Any actions the petitioner may take to remedy the disqualification. An individual947
who receives a predetermination of ineligibility may submit a revised petition reflecting948
completion of the remedial actions. The individual may submit a new petition to the949
board not before one year following a final judgment on their initial petition or upon950
completing the remedial actions, whichever is earlier.951
(8) The denial of a predetermination petition because of the applicant's criminal record952
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative953
hearing or civil action reviewing the denial of a predetermination petition, the board shall954
have the burden of proving that the applicant's criminal record directly relates to the955
licensed occupation."956
- 37 - 24 LC 36 5881S
SECTION 2-9.957
Said title is further amended by revising Code Section 43-15-19, relating to revocation,958
suspension, or denial of certificates, certificates of registration, or licenses, and reprimands,959
as follows: 960
"43-15-19.961
(a) The board shall have the power, after notice and hearing, to deny any application made962
to it, to revoke or suspend any certificate, certificate of registration, or license issued by it,963
or to reprimand any individual holding a certificate, certificate of registration, or license964
issued by it, upon the following grounds:965
(1) Commission of any fraud or deceit in obtaining a certificate, certificate of966
registration, or license;967
(2) Any gross negligence, incompetency, or unprofessional conduct in the practice of968
professional engineering or land surveying as a professional engineer or a professional969
land surveyor, respectively;970
(3) Affixing a seal to any plan, specification, plat, or report contrary to Code Section971
43-15-22;972
(4) Conviction of a felony or crime involving moral turpitude covered misdemeanor as973
defined in Code Section 43-1-1 in the courts of this state, the United States, or any state974
or territory of the United States or the conviction of an offense in another jurisdiction975
which, if committed in this state, would be deemed a felony. 'Conviction' shall include976
a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal977
proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not978
entered thereon pursuant to Article 3 of Chapter 8 of Title 42 or any comparable rule or979
statute; or980
(5) Any violation of this chapter or any rule or regulation promulgated by the board981
pursuant to the powers conferred on it by this chapter.982
- 38 - 24 LC 36 5881S
(b) 'Unprofessional conduct,' as referred to in paragraph (2) of subsection (a) of this Code983
section, includes a violation of those standards of professional conduct for professional984
engineers and professional land surveyors adopted by the board pursuant to the power985
conferred upon it to promulgate rules and regulations to effectuate the duties and powers986
conferred on it by this chapter."987
SECTION 2-10.988
Said title is further amended by adding two new Code sections to read as follows:989
"43-15-19.1.990
(a) Notwithstanding paragraph (4) of subsection (a) of Code Section 43-15-19, the board991
shall refuse to grant a license to an individual or shall revoke a license only if a conviction992
directly relates to the occupation for which the license is sought or held and granting the993
license would pose a direct and substantial risk to public safety because the individual has994
not been rehabilitated to safely perform the duties and responsibilities of the occupation for995
which the license is sought or held. In determining if a conviction directly relates to the996
occupation for which the license is sought or held, the board shall consider:997
(1) The nature and seriousness of the offense and the direct relationship of the criminal998
conduct to the duties and responsibilities of the occupation for which the license is sought999
or held;1000
(2) The age of the individual at the time the offense was committed;1001
(3) The length of time elapsed since the offense was committed;1002
(4) All circumstances relative to the offense, including, but not limited to, mitigating1003
circumstances or social conditions surrounding the commission of the offense; and1004
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1005
for which the license is sought or held, including, but not limited to:1006
(A) The completion of the criminal sentence;1007
(B) A program and treatment certificate issued by the Board of Corrections;1008
- 39 - 24 LC 36 5881S
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1009
program;1010
(D) Testimonials and recommendations, which may include a progress report from the1011
individual's probation or parole officer;1012
(E) Education and training;1013
(F) Employment history;1014
(G) Employment aspirations;1015
(H) The individual's current family or community responsibilities, or both;1016
(I) Whether a bond is required to practice the occupation;1017
(J) Any affidavits or other written documents, including, but not limited to, character1018
references; and1019
(K) Any other information regarding rehabilitation the individual submits to the board.1020
(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or1021
otherwise withhold a license, the board shall not consider nor require an individual to1022
disclose:1023
(1) A deferred adjudication, first offender treatment, diversion program, conditional1024
discharge, or an arrest not followed by a conviction;1025
(2) A conviction for which no sentence of incarceration can be imposed;1026
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1027
pardoned;1028
(4) A juvenile adjudication;1029
(5) A misdemeanor conviction older than five years, unless the offense of conviction is1030
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1031
(6) A conviction older than five years for which the individual was not incarcerated, or1032
a conviction for which the individual's incarceration ended more than five years before1033
the date of the board's consideration, except for a felony conviction related to:1034
(A) A criminal sexual act;1035
- 40 - 24 LC 36 5881S
(B) Criminal fraud or embezzlement;1036
(C) Aggravated assault;1037
(D) Aggravated robbery;1038
(E) Aggravated abuse, neglect, or endangerment of a child;1039
(F) Arson;1040
(G) Carjacking;1041
(H) Kidnapping; or1042
(I) Manslaughter, homicide, or murder.1043
42-15-19.2.1044
(a) Notwithstanding any other provision of law, an individual with a criminal record may1045
petition the board at any time, including while incarcerated and before starting or1046
completing any required professional qualifications for licensure, for a predetermination1047
as to whether the individual's criminal record will disqualify him or her from obtaining a1048
license.1049
(b) The petition for predetermination shall include the individual's criminal record or1050
authorize the board to obtain the individual's criminal record. The petitioning individual1051
need not disclose any offenses falling under subsection (b) of Code Section 43-15-19.1.1052
The petition shall also include any information the petitioner chooses to submit concerning1053
the circumstances of their record and their rehabilitation.1054
(c) In considering predetermination petitions, the board shall apply the direct relationship1055
standard in subsection (a) of Code Section 43-15-19.1. The board shall support any1056
adverse predetermination by justifying that it is substantially more likely than not that a1057
criminal record supports an adverse licensing decision.1058
(d) A predetermination made under this subsection that a petitioner is eligible for a license1059
shall be binding on the board only if the petitioner applies for licensure, fulfills all other1060
- 41 - 24 LC 36 5881S
requirements for the licensure, and the petitioner's submitted criminal record was correct1061
and remains unchanged at the time of his or her application for a license.1062
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from1063
licensure, the board shall notify the petitioner of the potentially disqualifying convictions.1064
The letter of concern shall advise the petitioner of their opportunity to submit additional1065
evidence of rehabilitation and mitigation or for a hearing, or both.1066
(f) The board may predetermine that the petitioner's criminal record is likely grounds for1067
denial of a license only after the board has held a hearing on the petitioner's eligibility in1068
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The1069
hearing shall be held in person, by remote video, or by teleconference within 60 days of1070
receipt of the predetermination petition. The individual shall have the opportunity to1071
include character witnesses at the hearing, including but not limited to family members,1072
friends, past or prospective employers, probation or parole officers, and rehabilitation1073
counselors, who may offer their verbal or written support. The board shall not make an1074
adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The1075
board shall issue a final decision within 60 days of complete submission of the issue for1076
consideration or the hearing, whichever is later.1077
(g) If the board decides that a predetermination petitioner is ineligible for a license, the1078
board shall notify the petitioner of the following:1079
(1) The grounds and rationale for the predetermination, including the specific1080
convictions and the factors in subsection (a) of Code Section 43-15-19.1 the board1081
deemed directly relevant;1082
(2) An explanation of the process and right to appeal the board's predetermination1083
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and1084
(3) Any actions the petitioner may take to remedy the disqualification. An individual1085
who receives a predetermination of ineligibility may submit a revised petition reflecting1086
completion of the remedial actions. The individual may submit a new petition to the1087
- 42 - 24 LC 36 5881S
board not before one year following a final judgment on their initial petition or upon1088
completing the remedial actions, whichever is earlier.1089
(h) The denial of a predetermination petition because of the applicant's criminal record1090
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative1091
hearing or civil action reviewing the denial of a predetermination petition, the board shall1092
have the burden of proving that the applicant's criminal record directly relates to the1093
licensed occupation."1094
SECTION 2-11.1095
Said title is further amended by revising Code Section 43-18-46, relating to grounds for1096
denial or revocation of license or registration and other discipline for funeral directors and1097
embalmers, as follows:1098
"43-18-46.1099
In addition to the authority and provided in Code Section 43-1-19, the board may refuse1100
to grant a license to operate a funeral establishment or to practice embalming or funeral1101
directing, may refuse to grant a registration to serve as an apprentice, or may revoke,1102
suspend, fine, or otherwise discipline a licensee or registrant upon any of the following1103
grounds:1104
(1) The employment of fraud or deception in applying for a license or registration or in1105
passing the examination provided for in this article;1106
(2) Issuance of a license or registration through error;1107
(3) Conviction of a crime involving moral turpitude;1108
(4)(3) The practice of embalming or funeral directing under a false name or the1109
impersonation of another embalmer, funeral director, or apprentice of a like or different1110
name;1111
(5)(4) The making of a false statement or representation regarding the qualifications,1112
training, or experience of any applicant;1113
- 43 - 24 LC 36 5881S
(6)(5) The making of a misrepresentation of any kind regarding any funeral merchandise;1114
(7)(6) Directly or indirectly, by gifts or otherwise, committing the offense of buying1115
business or paying a commission or making gifts, directly or indirectly, for the purpose1116
of securing business to any physician or hospital, or to any institution where death occurs,1117
or to any hospital superintendent, nurse, intern, or employee of any hospital, nursing1118
home, or other institution where death occurs; or to any coroner or other government1119
official;1120
(8)(7) Gross or willful malpractice or gross neglect in the practice of embalming, funeral1121
directing, or cremating;1122
(9)(8) Signing a death certificate as having embalmed or prepared a body for burial or1123
preservation when in fact someone else performed such embalming or preparation;1124
(10)(9) Interfering, either directly or indirectly, with a licensed embalmer or funeral1125
director having legal charge of a dead human body;1126
(11)(10) Using any statements that mislead or deceive the public including, but not1127
limited to, false or misleading statements regarding a legal or cemetery requirement,1128
funeral merchandise, funeral services, or in the operation of a funeral establishment;1129
(12)(11) Failing to fulfill the terms of a funeral service contract;1130
(13)(12) Disregarding a decedent's dignity, right to privacy, or right to confidentiality1131
unless compelled by law to do otherwise;1132
(14)(13) Using profane, indecent, or obscene language in the presence of a dead human1133
body, or within the immediate hearing of the family or relatives of a deceased, whose1134
body has not yet been interred or otherwise disposed;1135
(15)(14) Failing to turn assigned benefits in excess of charges incurred over to the1136
assignee of the deceased within ten working days of receipt of the assigned funds;1137
(16)(15) Refusing to surrender promptly the custody of a dead human body upon the1138
express order of the person lawfully entitled to the custody;1139
- 44 - 24 LC 36 5881S
(17)(16) Failing to have the charges rendered to be in compliance with those listed in the1140
funeral establishment general price list, the casket price list, the outer burial container list,1141
or the funeral service contract price list;1142
(18)(17) Aiding or abetting an unlicensed person to practice under this article;1143
(19)(18) Promoting or participating in a burial society, burial association, burial1144
certificate plan, or burial membership plan;1145
(20)(19) Soliciting, as defined in paragraph (21) of Code Section 43-18-1;1146
(21)(20) Presenting a false certification of work done by an apprentice or as an1147
apprentice;1148
(22)(21) Willfully violating any state law or regulation; Federal Trade Commission law1149
or regulation; Occupational Safety and Health Administration law or regulation;1150
Department of Public Health law or regulation; Environmental Protection Agency law1151
or regulation; or municipal or county ordinance or regulation that affects the handling,1152
custody, care, or transportation of dead human bodies, including, but not limited to, the1153
disposal of equipment, residual fluids, or medical wastes;1154
(23)(22) Knowingly making any misleading, deceptive, untrue, or fraudulent1155
representation in the practice of funeral directing or embalming or in any document1156
connected therewith;1157
(24)(23) Discriminating in the provision of services because of race, creed, color,1158
religion, gender, or national origin;1159
(25)(24) Failing to safeguard all personal properties that were obtained from dead human1160
remains and failing to dispose of same as directed by a legally authorized person;1161
(26)(25) Failing to refund moneys due as a result of overpayment by an insurance1162
company or other third party;1163
(27)(26) Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious1164
conduct or practice harmful to the public, which conduct or practice that materially1165
affects the fitness of the licensee or registrant to practice in the funeral business, or is of1166
- 45 - 24 LC 36 5881S
a nature likely to jeopardize the interest of the general public, which conduct or practice1167
and that need not have resulted in actual injury to any person or be directly related to the1168
practice of funeral directing or embalming but shows that the person has committed any1169
act or omission which is indicative of bad moral character or untrustworthiness;1170
unprofessional untrustworthiness. Unprofessional conduct shall also include any1171
departure from or failure to conform to the minimal reasonable standards of acceptable1172
and prevailing practice of funeral services;1173
(28)(27) Engaging in any practice whereby a person who is both a funeral director and1174
a coroner or who is both a funeral director and a minister presents that person as a funeral1175
director to a legally authorized person when death is imminent or after death occurs prior1176
to when the legally authorized person selects a funeral director or funeral establishment1177
which will handle the dead human body;1178
(29)(28) Practicing embalming or funeral directing or operating a funeral establishment1179
or crematory prior to the board's having approved an application for licensure; or1180
(30)(29) Failing to satisfy the funeral director in full and continuous charge requirements1181
as set out in Code Section 43-18-71 or funeral establishment requirements as set out in1182
Code Section 43-18-70."1183
SECTION 2-12.1184
Said title is further amended in Code Section 43-24A-9, relating to provisional permits for1185
massage therapists, by revising subsection (a) as follows:1186
"(a) A provisional permit to practice as a provisionally permitted massage therapist shall,1187
upon proper application, be issued for a six-month period to an applicant who meets the1188
following criteria:1189
(1) Holds and maintains a valid license as a massage therapist in another state;1190
(2) Is not a resident of this state as confirmed in a secure and verifiable document, as1191
defined in Code Section 50-36-2;1192
- 46 - 24 LC 36 5881S
(3) Has not had a license or permit to practice as a massage therapist voided, revoked,1193
suspended, denied, or annulled by this state or another state, territory, or jurisdiction; and1194
(4) Has not been convicted of a directly related felony in the courts of this state, any1195
other state, territory, or country, or in the courts of the United States, including, but not1196
limited to, a plea of nolo contendere entered to such charge or the affording of first1197
offender treatment to any such charge in the same manner as provided in paragraph (4)1198
of subsection (a) of subsection (q) of Code Section 43-1-19. For purposes of this1199
paragraph, the term 'felony' shall have the same meaning a provided in Code Section1200
43-1-1."1201
SECTION 2-13.1202
Said title is further amended in Code Section 43-26-11, relating to denial or revocation of1203
licenses and other discipline under the "Georgia Registered Professional Nurse Practice Act,"1204
by revising paragraph (1) as follows:1205
"(1) Been convicted of any directly related felony, crime involving moral turpitude, or1206
directly related crime violating a federal or state law relating to controlled substances or1207
dangerous drugs in the courts of this state, any other state, territory, or country, or in the1208
courts of the United States, including but not limited to a plea of nolo contendere entered1209
to the charge,; provided, however, that such conviction shall be evaluated as provided by1210
subsection (q) of Code Section 43-1-19; or"1211
SECTION 2-14.1212
Said title is further amended by revising Code Section 43-26-40, relating to refusal to grant1213
license and revocation of registered practical nurses licenses and disciplining of licensees,1214
as follows:1215
- 47 - 24 LC 36 5881S
"43-26-40.1216
(a) In addition to the authority granted in Code Section 43-1-19, the board shall have the1217
authority to refuse to grant a license to an applicant, to revoke the license of a licensee, or1218
to discipline a licensee upon a finding by the board that the applicant or licensee has:1219
(1) Been convicted of a directly related felony, a crime involving moral turpitude, or any1220
directly related crime violating a federal or state law relating to controlled substances or1221
dangerous drugs or marijuana in the courts of this state, any other state, territory, or1222
country, or in the courts of the United States, including, but not limited to, a plea of nolo1223
contendere entered to the charge; provided, however, that such conviction shall be1224
evaluated as provided by subsection (q) of Code Section 43-1-19;1225
(2) Had a license to practice nursing revoked, suspended, or annulled by any lawful1226
licensing authority, had other disciplinary action taken by any lawful licensing authority,1227
or was denied a license by any lawful licensing authority;1228
(3) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or1229
practice harmful to the public, which conduct or practice need not have resulted in actual1230
injury to any person. As used in this paragraph, the term 'unprofessional conduct'1231
includes the improper charting of medication and any departure from, or the failure to1232
conform to, the minimal standards of acceptable and prevailing nursing practice;1233
(4) Violated or attempted to violate a law or any lawfully promulgated rule or regulation1234
of this state, any other state, the board, the United States, or any other lawful authority,1235
without regard to whether the violation is criminally punishable, which statute, law, or1236
rule or regulation relates to or in part regulates the practice of nursing, when the licensee1237
or applicant knows or should know that such action is violative of such law or rule;1238
(5) Violated a lawful order of the board previously entered by the board in a disciplinary1239
hearing; or1240
- 48 - 24 LC 36 5881S
(6) Displayed an inability to practice nursing as a licensed practical nurse with1241
reasonable skill and safety due to illness, use of alcohol, drugs, narcotics, chemicals, or1242
any other types of material, or as a result of any mental or physical condition:1243
(A) In enforcement of this paragraph, the board may, upon reasonable grounds, require1244
a licensee or applicant to submit to a mental or physical examination by a board1245
approved health care professional. The expense of such mental or physical examination1246
shall be borne by the licensee or applicant. The results of such examination shall be1247
admissible in any hearing before the board, notwithstanding any claim of privilege1248
under contrary law or rule. Every person who is licensed to practice practical nursing1249
as a licensed practical nurse in this state, or an applicant for examination, endorsement,1250
or reinstatement, shall be deemed to have given such person's consent to submit to such1251
mental or physical examination and to have waived all objections to the admissibility1252
of the results in any hearing before the board upon the grounds that the same constitutes1253
a privileged communication. If a licensee or applicant fails to submit to such an1254
examination when properly directed to do so by the board, unless such failure was due1255
to circumstances beyond that person's control, the board may enter a final order upon1256
proper notice, hearing, and proof of such refusal. Any licensee or applicant who is1257
prohibited from practicing under this paragraph shall at reasonable intervals be afforded1258
an opportunity to demonstrate to the board that such person can resume or begin to1259
practice practical nursing as a licensed practical nurse with reasonable skill and safety;1260
and1261
(B) In enforcement of this paragraph, the board may, upon reasonable grounds, obtain1262
any and all records relating to the mental or physical condition of a licensee or1263
applicant, including psychiatric records; such records shall be admissible in any hearing1264
before the board, notwithstanding any privilege under a contrary rule, law, or statute.1265
Every person who is licensed in this state or who shall file an application for said1266
license shall be deemed to have given such person's consent to the board's obtaining1267
- 49 - 24 LC 36 5881S
such records and to have waived all objections to the admissibility of such records in1268
any hearing before the board upon the grounds that the same constitute a privileged1269
communication.1270
(b) Neither denial of an initial license, the issuance of a private reprimand, the denial of1271
a license by endorsement under Code Section 43-26-38, nor the denial of a request for1272
reinstatement of a license on the grounds that the applicant or licensee has failed to meet1273
the minimum requirements shall be considered a contested case within the meaning of1274
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and notice and hearing1275
within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or1276
licensee shall be allowed to appear before the board if he or she so requests.1277
(c) Notwithstanding any other provision of this Code section, the denial of an initial1278
license or the denial of a request for reinstatement of a license on the grounds that the1279
applicant or licensee is disqualified due to a criminal record shall be in accordance with1280
subsection (a) of Code Section 43-1-19."1281
SECTION 2-15.1282
Said title is further amended in Code Section 43-34-8, relating to the authority of the1283
Composite Medical Board to refuse license, certificate, or permit medical professionals or1284
to issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and1285
publication of final disciplinary actions, by revising paragraph (3) of subsection (a) as1286
follows:1287
"(3) Been convicted of a felony in the courts of this state or any other state, territory,1288
country, or of the United States. As used in this paragraph, the term 'conviction of a1289
felony' shall include a conviction of an offense which if committed in this state would be1290
deemed a felony under either state or federal law, without regard to its designation1291
elsewhere. As used in this paragraph, the term 'conviction' shall include a finding or1292
verdict of guilt, a plea of guilty resulting in first offender status, or a plea of nolo1293
- 50 - 24 LC 36 5881S
contendere in a criminal proceeding, regardless of whether the adjudication of guilt or1294
sentence is withheld or not entered thereon;"1295
SECTION 2-16.1296
Said title is further amended in Code Section 43-34-8, relating to the authority of the1297
Composite Medical Board to refuse license, certificate, or permit medical professionals or1298
to issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and1299
publication of final disciplinary actions, by adding two new subsections to read as follows:1300
"(a.1) Notwithstanding paragraphs (3), (4), and (11) of subsection (a) of this Code section,1301
the medical board shall refuse to grant a license to an individual or shall revoke a license1302
only if a conviction directly relates to the occupation for which the license is sought or held1303
and granting the license would pose a direct and substantial risk to public safety because1304
the individual has not been rehabilitated to safely perform the duties and responsibilities1305
of the practice of medicine. In determining if a conviction directly relates to the occupation1306
for which the license is sought or held, the medical board shall consider:1307
(1) The nature and seriousness of the offense and the direct relationship of the criminal1308
conduct to the duties and responsibilities of the occupation for which the license is sought1309
or held;1310
(2) The age of the individual at the time the offense was committed;1311
(3) The length of time elapsed since the offense was committed;1312
(4) All circumstances relative to the offense, including, but not limited to, mitigating1313
circumstances or social conditions surrounding the commission of the offense; and1314
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1315
for which the license is sought or held, including, but not limited to:1316
(A) The completion of the criminal sentence;1317
(B) A program and treatment certificate issued by the Board of Corrections;1318
- 51 - 24 LC 36 5881S
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1319
program;1320
(D) Testimonials and recommendations, which may include a progress report from the1321
individual's probation or parole officer;1322
(E) Education and training;1323
(F) Employment history;1324
(G) Employment aspirations;1325
(H) The individual's current family or community responsibilities, or both;1326
(I) Whether a bond is required to practice the occupation;1327
(J) Any affidavits or other written documents, including, but not limited to, character1328
references; and1329
(K) Any other information regarding rehabilitation the individual submits to the board.1330
(6) In determining whether to terminate and revoke a license, the board shall not consider1331
nor require an individual to disclose:1332
(A) A deferred adjudication, first offender treatment, participation in a diversion1333
program, a conditional discharge, or an arrest not followed by a conviction;1334
(B) A conviction for which no sentence of incarceration can be imposed;1335
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1336
pardoned;1337
(D) A juvenile adjudication;1338
(E) A misdemeanor conviction older than five years, unless the offense of conviction1339
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1340
(F) A conviction older than five years for which the individual was not incarcerated,1341
or a conviction for which the individual's incarceration ended more than five years1342
before the date of the board's consideration, except for a felony conviction related to:1343
(i) A criminal sexual act;1344
(ii) Criminal fraud or embezzlement;1345
- 52 - 24 LC 36 5881S
(iii) Aggravated assault;1346
(iv) Aggravated robbery;1347
(v) Aggravated abuse, neglect, or endangerment of a child;1348
(vi) Arson;1349
(vii) Carjacking;1350
(viii) Kidnapping; or1351
(ix) Manslaughter, homicide, or murder.1352
(a.2)(1) Notwithstanding any other provision of law, an individual with a criminal record1353
may petition the board at any time, including while incarcerated and before starting or1354
completing any required professional qualifications for licensure, for a predetermination1355
as to whether the individual's criminal record will disqualify him or her from obtaining1356
a license.1357
(2) The petition for predetermination shall include the individual's criminal record or1358
authorize the board to obtain the individual's criminal record. The petitioning individual1359
need not disclose any offenses falling under paragraph (a.1)(6) of this Code section. The1360
petition shall also include any information the petitioner chooses to submit concerning1361
the circumstances of their record and their rehabilitation.1362
(3) In considering predetermination petitions, the professional licensing board shall apply1363
the direct relationship standard in subsection (a.1) of this subsection and shall not1364
consider any offenses falling under paragraph (a.1)(6) of this Code section. The board1365
shall support any adverse predetermination with clear and convincing evidence.1366
(4) A predetermination made under this subsection that a petitioner is eligible for a1367
license shall be binding on the board only if the petitioner applies for licensure, fulfills1368
all other requirements for the occupational license, and the petitioner's submitted criminal1369
record was correct and remains unchanged at the time of his or her application for a1370
license.1371
- 53 - 24 LC 36 5881S
(5) If a petitioner's criminal record includes matters that may disqualify the petitioner1372
from licensure, the board shall notify the petitioner of the potentially disqualifying1373
convictions. The letter of concern shall advise the petitioner of their opportunity to1374
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.1375
(6) The board may predetermine that the petitioner's criminal record is likely grounds for1376
denial of a license only after the board has held a hearing on the petitioner's eligibility in1377
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The1378
hearing shall be held in person, by remote video, or by teleconference within 60 days of1379
receipt of the predetermination petition. The individual shall have the opportunity to1380
include character witnesses at the hearing, including but not limited to family members,1381
friends, past or prospective employers, probation or parole officers, and rehabilitation1382
counselors, who may offer their verbal or written support. The board shall not make an1383
adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The1384
board shall issue a final decision within 60 days of complete submission of the issue for1385
consideration or the hearing, whichever is later.1386
(7) If the board decides that a predetermination petitioner is ineligible for a license, the1387
board shall notify the petitioner of the following:1388
(A) The grounds and rationale for the predetermination, including any of the1389
petitioner's specific convictions and the factors provided for in subsection (a.2) of this1390
Code section the board deemed directly relevant;1391
(B) An explanation of the process and right to appeal the board's predetermination1392
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and1393
(C) Any actions the petitioner may take to remedy the disqualification. An individual1394
who receives a predetermination of ineligibility may submit a revised petition reflecting1395
completion of the remedial actions. The individual may submit a new petition to the1396
board not before one year following a final judgment on their initial petition or upon1397
completing the remedial actions, whichever is earlier.1398
- 54 - 24 LC 36 5881S
(8) The denial of a predetermination petition because of the applicant's criminal record1399
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative1400
hearing or civil action reviewing the denial of a predetermination petition, the board shall1401
have the burden of proving that the applicant's criminal record directly relates to the1402
licensed occupation."1403
SECTION 2-17.1404
Said title is further amended in Code Section 43-34-107, relating to termination of approval1405
and revocation of licenses of physician assistants by the Composite Medical Board, notice1406
and hearing, and sanctions, by revising subsection (a) as follows:1407
"(a)(1) The approval of a physician's utilization of a physician assistant may be1408
terminated and the license revoked by the board when, after due notice and a hearing, in1409
accordance with this Code section, it shall find that the assistant is incompetent or has1410
committed unethical or immoral acts, including, but not limited to, holding himself or1411
herself out or permitting another to represent him or her as a licensed physician;1412
performing otherwise than at the direction of a physician approved by the board to utilize1413
the assistant's services; habitually using intoxicants or drugs to such an extent that he or1414
she is unable safely to perform as an assistant to the physician; or being convicted in any1415
court, state or federal, of any felony or other criminal offense involving moral turpitude1416
covered misdemeanor.1417
(2) The board shall recommend action to terminate and revoke on the basis of a criminal1418
conviction or adjudication only if the conviction or adjudication directly relates to the1419
role of a physician assistant. In determining if a criminal conviction or adjudication1420
directly relates to the role of a physician assistant, the board shall consider:1421
(A) The nature and seriousness of the crime and the direct relationship of the criminal1422
conduct to the duties and responsibilities of the physician assistant;1423
(B) The age of the individual at the time such crime was committed;1424
- 55 - 24 LC 36 5881S
(C) The length of time elapsed since such crime was committed;1425
(D) All circumstances relative to such crime, including, but not limited to, mitigating1426
circumstances or social conditions surrounding the commission of the offense; and1427
(E) Evidence of rehabilitation and present fitness to perform the duties of the1428
occupation for which the certificate is sought or held, including, but not limited to:1429
(i) The completion of the criminal sentence;1430
(ii) A program and treatment certificate issued by the Board of Corrections;1431
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1432
treatment program;1433
(iv) Testimonials and recommendations, which may include a progress report from1434
the individual's probation or parole officer;1435
(v) Education and training;1436
(vi) Employment history;1437
(vii) Employment aspirations;1438
(viii) The individual's current family or community responsibilities, or both;1439
(ix) Whether a bond is required to practice the occupation;1440
(x) Any affidavits or other written documents, including, but not limited to, character1441
references; and1442
(xi) Any other information regarding rehabilitation the individual submits to the1443
board.1444
(3) In determining whether to terminate and revoke a license, the board or investigator1445
shall not consider nor require an individual to disclose:1446
(A) A deferred adjudication, first offender treatment, participation in a diversion1447
program, a conditional discharge, or an arrest not followed by a conviction;1448
(B) A conviction for which no sentence of incarceration can be imposed;1449
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1450
pardoned;1451
- 56 - 24 LC 36 5881S
(D) A juvenile adjudication;1452
(E) A misdemeanor conviction older than five years, unless the offense of conviction1453
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1454
(F) A conviction older than five years for which the individual was not incarcerated,1455
or a conviction for which the individual's incarceration ended more than five years1456
before the date of the board's consideration, except for a felony conviction related to:1457
(i) A criminal sexual act;1458
(ii) Criminal fraud or embezzlement;1459
(iii) Aggravated assault;1460
(iv) Aggravated robbery;1461
(v) Aggravated abuse, neglect, or endangerment of a child;1462
(vi) Arson;1463
(vii) Carjacking;1464
(viii) Kidnapping; or1465
(ix) Manslaughter, homicide, or murder."1466
SECTION 2-18.1467
Said title is further amended in Code Section 43-34-283, relating to licensure requirements1468
for pain management clinics by the Composite Medical Board, by revising subsection (d) as1469
follows:1470
"(d)(1) Upon the filing of an application for a license, the board may cause a thorough1471
investigation of the applicant to be made and such investigation may include a criminal1472
background check; provided, however, that the board shall cause a thorough investigation1473
of a new applicant to be made, and such investigation shall include a background check. 1474
If satisfied that the applicant possesses the necessary qualifications, the board shall issue1475
a license. However, the board may issue licenses with varying restrictions to such1476
- 57 - 24 LC 36 5881S
persons where the board deems it necessary for the purpose of safeguarding the public1477
health, safety, and welfare.1478
(2) The board shall recommend action to deny licensure on the basis of a criminal1479
conviction or adjudication only if the conviction or adjudication directly relates to the1480
administration of a pain management clinic. In determining if a criminal conviction or1481
adjudication directly relates to the administration of a pain management clinic, the board1482
shall consider:1483
(A) The nature and seriousness of the crime and the direct relationship of the criminal1484
conduct to the duties and responsibilities of the licensee;1485
(B) The age of the individual at the time such crime was committed;1486
(C) The length of time elapsed since such crime was committed;1487
(D) All circumstances relative to such crime, including, but not limited to, mitigating1488
circumstances or social conditions surrounding the commission of the offense; and1489
(E) Evidence of rehabilitation and present fitness to perform the duties of the1490
occupation for which the certificate is sought or held, including, but not limited to:1491
(i) The completion of the criminal sentence;1492
(ii) A program and treatment certificate issued by the Board of Corrections;1493
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1494
treatment program;1495
(iv) Testimonials and recommendations, which may include a progress report from1496
the individual's probation or parole officer;1497
(v) Education and training;1498
(vi) Employment history;1499
(vii) Employment aspirations;1500
(viii) The individual's current family or community responsibilities, or both;1501
(ix) Whether a bond is required to practice the occupation;1502
- 58 - 24 LC 36 5881S
(x) Any affidavits or other written documents, including, but not limited to, character1503
references; and1504
(xi) Any other information regarding rehabilitation the individual submits to the1505
board."1506
SECTION 2-19.1507
Said title is further amended by revising Code Section 43-34-284, relating to denial,1508
suspension, and revocation of licenses of pain management clinics by the Composite Medical1509
Board, as follows:1510
"43-34-284.1511
(a) In addition to the authority granted in Code Section 43-34-8, a license obtained1512
pursuant to this article may be denied, suspended, or revoked by the board upon finding1513
that the licensee or a physician practicing at a licensed pain management clinic has: 1514
(1) Furnished false or fraudulent material information in any application filed under this1515
chapter;1516
(2) Been convicted of a crime under any state or federal law relating to any controlled1517
substance;1518
(3) Had his or her federal registration to prescribe, distribute, or dispense controlled1519
substances suspended or revoked; or1520
(4) Violated the provisions of this chapter, Chapter 13 of Title 16, or Chapter 4 of Title1521
26.1522
(b) In determining whether to deny, suspend, or revoke a license based upon a criminal1523
conviction or adjudication, the board shall consider:1524
(1) The nature and seriousness of the crime and the direct relationship of the criminal1525
conduct to the duties and responsibilities of the physician practicing at a licensed pain1526
management clinic;1527
(2) The age of the individual at the time such crime was committed;1528
- 59 - 24 LC 36 5881S
(3) The length of time elapsed since such crime was committed;1529
(4) All circumstances relative to such crime, including, but not limited to, mitigating1530
circumstances or social conditions surrounding the commission of the offense; and1531
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1532
for which the license is sought or held, including, but not limited to:1533
(A) The completion of the criminal sentence;1534
(B) A program treatment certificate issued by the Board of Corrections;1535
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1536
program;1537
(D) Testimonials and recommendations, which may include a progress report from the1538
individual's probation or parole officer;1539
(E) Education and training;1540
(F) Employment history;1541
(G) Employment aspirations;1542
(H) The individual's current family or community responsibilities, or both;1543
(I) Whether a bond is required to practice the occupation;1544
(J) Any affidavits or other written documents, including, but not limited to, character1545
references; and1546
(K) Any other information regarding rehabilitation the individual submits to the board."1547
SECTION 2-20.1548
Said title is further amended in Code Section 43-39A-14, relating to grant of licenses for1549
appraisers by the Real Estate Commission and Appraisers Board, grounds for suspension or1550
revocation of license, other sanctions, surrender or lapse, and conviction, by revising1551
subsection (b) as follows:1552
- 60 - 24 LC 36 5881S
"(b)(1) As used in this subsection, the term:1553
(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of1554
a felony or any crime involving moral turpitude covered misdemeanor, regardless of1555
whether an appeal of the conviction has been brought; a sentencing to first offender1556
treatment without an adjudication of guilt pursuant to a charge of a felony or any crime1557
involving moral turpitude covered misdemeanor; or a plea of nolo contendere to a1558
charge of a felony or any crime involving moral turpitude covered misdemeanor. The1559
commission shall have the burden of justifying by clear and convincing evidence that1560
a conviction supports an adverse licensing decision.1561
(B) 'Felony' means any offense committed:1562
(i) Within this state and deemed a felony under the laws of this state or under the1563
laws of the United States; or1564
(ii) In another state and deemed a felony under the laws of that state or the laws of1565
the United States.1566
(1.1) No person who has a directly related conviction shall be eligible to become an1567
applicant for a license or an approval authorized by this chapter unless such person has1568
successfully completed all terms and conditions of any sentence imposed for such1569
conviction, provided that if such individual has multiple convictions, at least five years1570
shall have passed since the individual satisfied all terms and conditions of any sentence1571
imposed for the last conviction before making application for licensure or approval; and1572
provided, further, that if such individual has a single conviction, at least two years shall1573
have passed since the individual satisfied all terms and conditions of any sentence1574
imposed for the last conviction before making application for licensure or approval.1575
(1.2) The board shall recommend disciplinary action or denial of an application for a1576
licensure or approval authorized by this chapter on the basis of a criminal conviction or1577
adjudication only if the conviction or adjudication directly relates to the role of an1578
- 61 - 24 LC 36 5881S
appraiser. In determining if a criminal conviction or adjudication directly relates to the1579
role of an appraiser, the board shall consider:1580
(A) The nature and seriousness of the crime and the direct relationship of the criminal1581
conduct to the duties and responsibilities of the appraiser;1582
(B) The age of the individual at the time such crime was committed;1583
(C) The length of time elapsed since such crime was committed;1584
(D) All circumstances relative to such crime, including, but not limited to, mitigating1585
circumstances or social conditions surrounding the commission of the offense; and1586
(E) Evidence of rehabilitation and present fitness to perform the duties of the1587
occupation for which the license is sought or held, including, but not limited to:1588
(i) The completion of the criminal sentence;1589
(ii) A program and treatment certificate issued by the Board of Corrections;1590
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1591
treatment program;1592
(iv) Testimonials and recommendations, which may include a progress report from1593
the individual's probation or parole officer;1594
(v) Education and training;1595
(vi) Employment history;1596
(vii) Employment aspirations;1597
(viii) The individual's current family or community responsibilities, or both;1598
(ix) Any affidavits or other written documents, including, but not limited to, character1599
references; and1600
(x) Any other information regarding rehabilitation the individual submits to the1601
board.1602
(F) In determining whether to terminate and revoke a license, the board shall not1603
consider nor require an individual to disclose:1604
- 62 - 24 LC 36 5881S
(i) A deferred adjudication, first offender treatment, participation in a diversion1605
program, a conditional discharge, or an arrest not followed by a conviction;1606
(ii) A conviction for which no sentence of incarceration can be imposed;1607
(iii) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1608
pardoned; or1609
(iv) A juvenile adjudication.1610
(1.2)(1.3) A person who has a directly related conviction in a court of competent1611
jurisdiction of this state or any other state shall be eligible to become an applicant for a1612
licensure or an approval authorized by this chapter only if:1613
(A) Such person has satisfied all terms and conditions of any conviction such person1614
may have had before making application for licensure or approval, provided that if such1615
individual has multiple convictions, at least five years shall have passed since the1616
individual satisfied all terms and conditions of any sentence imposed for the last1617
conviction before making application for licensure or approval; and provided, further,1618
that if such individual has been convicted of a single felony or of a single crime of1619
moral turpitude covered misdemeanor, at least two years shall have passed since the1620
individual satisfied all terms and conditions of any sentence imposed for the last1621
conviction before making application for licensure or approval;1622
(B) No criminal charges for forgery, embezzlement, obtaining money under false1623
pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation1624
violation, or a crime involving moral turpitude covered misdemeanor are pending1625
against the person; and1626
(C) Such person presents to the commission satisfactory proof that the person now1627
bears a good reputation for honesty, trustworthiness, integrity, and competence to1628
transact the business of a licensee in such a manner as to safeguard the interest of the1629
public."1630
- 63 - 24 LC 36 5881S
SECTION 2-21.1631
Said title is further amended in Code Section 43-40-15, relating to grant of licenses for1632
brokers and salespersons by the Real Estate Commission and Appraisers Board, grounds for1633
suspension or revocation of license, other sanctions, surrender or lapse, and conviction, by1634
revising subsection (b) as follows:1635
"(b)(1) As used in this Code section, the term:1636
(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of1637
a felony or any crime involving moral turpitude covered misdemeanor, regardless of1638
whether an appeal of the conviction has been brought; a sentencing to first offender1639
treatment without an adjudication of guilt pursuant to a charge of a felony or any crime1640
involving moral turpitude a covered misdemeanor; or a plea of nolo contendere to a1641
charge of a felony or any crime involving moral turpitude covered misdemeanor. The1642
commission shall have the burden of justifying by clear and convincing evidence that1643
a conviction supports an adverse licensing decision.1644
(B) 'Felony' means any offense committed:1645
(i) Within this state and deemed a felony under the laws of this state or under the1646
laws of the United States; or1647
(ii) In another state and deemed a felony under the laws of that state or the laws of1648
the United States.1649
(1.1) No person who has a directly related conviction shall be eligible to become an1650
applicant for a license or an approval authorized by this chapter unless such person has1651
successfully completed all terms and conditions of any sentence imposed for such1652
conviction, provided that if such individual has multiple convictions, at least five years1653
shall have passed since the individual satisfied all terms and conditions of any sentence1654
imposed for the last conviction before making application for licensure or approval; and1655
provided, further, that if such individual has a single conviction, at least two years shall1656
- 64 - 24 LC 36 5881S
have passed since the individual satisfied all terms and conditions of any sentence1657
imposed for the last conviction before making application for licensure or approval.1658
(1.2) The commission shall recommend disciplinary action or denial of an application1659
for a licensure or approval authorized by this chapter on the basis of a criminal conviction1660
or adjudication only if the conviction or adjudication directly relates to the role of the1661
license sought. In determining if a criminal conviction or adjudication directly relates to1662
the role of a broker or real estate salesperson, the commission shall consider:1663
(A) The nature and seriousness of the crime and the direct relationship of the criminal1664
conduct to the duties and responsibilities of the licensee;1665
(B) The age of the individual at the time such crime was committed;1666
(C) The length of time elapsed since such crime was committed;1667
(D) All circumstances relative to such crime, including, but not limited to, mitigating1668
circumstances or social conditions surrounding the commission of the offense; and1669
(E) Evidence of rehabilitation and present fitness to perform the duties of the1670
occupation for which the license is sought or held, including, but not limited to:1671
(i) The completion of the criminal sentence;1672
(ii) A program and treatment certificate issued by the Board of Corrections;1673
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1674
treatment program;1675
(iv) Testimonials and recommendations, which may include a progress report from1676
the individual's probation or parole officer;1677
(v) Education and training;1678
(vi) Employment history;1679
(vii) Employment aspirations;1680
(viii) The individual's current family or community responsibilities, or both;1681
(ix) Any affidavits or other written documents, including, but not limited to, character1682
references; and1683
- 65 - 24 LC 36 5881S
(x) Any other information regarding rehabilitation the individual submits to the1684
commission.1685
(F) In determining whether to terminate and revoke a license, the board shall not1686
consider nor require an individual to disclose:1687
(i) A deferred adjudication, first offender treatment, participation in a diversion1688
program, a conditional discharge, or an arrest not followed by a conviction;1689
(ii) A conviction for which no sentence of incarceration can be imposed;1690
(iii) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1691
pardoned; or1692
(iv) A juvenile adjudication.1693
(1.2)(1.3) A person who has a directly related conviction in a court of competent1694
jurisdiction of this state or any other state shall be eligible to become an applicant for a1695
licensure or an approval authorized by this chapter only if:1696
(A) Such person has satisfied all terms and conditions of any conviction such person1697
may have had before making application for licensure or approval, provided that if such1698
individual has multiple convictions, at least five years shall have passed since the1699
individual satisfied all terms and conditions of any sentence imposed for the last1700
conviction before making application for licensure or approval; and provided, further,1701
that if such individual has been convicted of a single felony or of a single crime of1702
moral turpitude covered misdemeanor, at least two years shall have passed since the1703
individual satisfied all terms and conditions of any sentence imposed for the last1704
conviction before making application for licensure or approval;1705
(B) No criminal charges for forgery, embezzlement, obtaining money under false1706
pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation1707
violation, or a crime involving moral turpitude covered misdemeanor are pending1708
against the person; and1709
- 66 - 24 LC 36 5881S
(C) Such person presents to the commission satisfactory proof that the person now1710
bears a good reputation for honesty, trustworthiness, integrity, and competence to1711
transact the business of a licensee in such a manner as to safeguard the interest of the1712
public."1713
SECTION 2-22.1714
Said title is further amended in Code Section 43-45-9, relating to examination for structural1715
pest control operator certification by the Structural Pest Control Commission, by revising1716
subsection (a) as follows:1717
"(a)(1) All applicants for examination for certification as an operator must have a1718
knowledge of the practical and scientific facts underlying the practice of structural pest1719
control, control of wood-destroying organisms, and fumigation and the necessary1720
knowledge and ability to recognize and control those hazardous conditions which may1721
affect human life and health. The commission may refuse to examine anyone convicted1722
of a crime involving moral turpitude directly related felony or directly related covered1723
misdemeanor.1724
(2) The commission shall refuse to examine an applicant on the basis of a criminal1725
conviction or adjudication only if the conviction or adjudication directly relates to the1726
role of an operator. In determining if a criminal conviction or adjudication directly1727
relates to the role of a pest control operator, the commission shall consider:1728
(A) The nature and seriousness of the crime and the direct relationship of the criminal1729
conduct to the duties and responsibilities of the operator;1730
(B) The age of the individual at the time such crime was committed;1731
(C) The length of time elapsed since such crime was committed;1732
(D) All circumstances relative to such crime, including, but not limited to, mitigating1733
circumstances or social conditions surrounding the commission of the offense; and1734
- 67 - 24 LC 36 5881S
(E) Evidence of rehabilitation and present fitness to perform the duties of the1735
occupation for which the certificate is sought or held, including, but not limited to:1736
(i) The completion of the criminal sentence;1737
(ii) A program and treatment certificate issued by the Board of Corrections;1738
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1739
treatment program;1740
(iv) Testimonials and recommendations, which may include a progress report from1741
the individual's probation or parole officer;1742
(v) Education and training;1743
(vi) Employment history;1744
(vii) Employment aspirations;1745
(viii) The individual's current family or community responsibilities, or both;1746
(ix) Whether a bond is required to practice the occupation;1747
(x) Any affidavits or other written documents, including, but not limited to, character1748
references; and1749
(xi) Any other information regarding rehabilitation the individual submits to the1750
commission.1751
(3) In determining whether to refuse to examine an applicant, the commission shall not1752
consider nor require an individual to disclose:1753
(A) A deferred adjudication, first offender treatment, participation in a diversion1754
program, a conditional discharge, or an arrest not followed by a conviction;1755
(B) A conviction for which no sentence of incarceration can be imposed;1756
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1757
pardoned;1758
(D) A juvenile adjudication;1759
(E) A misdemeanor conviction older than five years, unless the offense of conviction1760
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1761
- 68 - 24 LC 36 5881S
(F) A conviction older than five years for which the individual was not incarcerated,1762
or a conviction for which the individual's incarceration ended more than five years1763
before the date of the commission's consideration, except for a felony conviction related1764
to:1765
(i) A criminal sexual act;1766
(ii) Criminal fraud or embezzlement;1767
(iii) Aggravated assault;1768
(iv) Aggravated robbery;1769
(v) Aggravated abuse, neglect, or endangerment of a child;1770
(vi) Arson;1771
(vii) Carjacking;1772
(viii) Kidnapping; or1773
(ix) Manslaughter, homicide, or murder.1774
(4)(A) Notwithstanding any other provision of law, an individual with a criminal1775
record may petition the commission at any time, including while incarcerated and1776
before starting or completing any required professional qualifications for certification,1777
for a predetermination as to whether the individual's criminal record will disqualify1778
such individual from obtaining a certification as an operator.1779
(B) The petition for predetermination shall include the individual's criminal record or1780
authorize the commission to obtain the individual's criminal record. The petitioning1781
individual need not disclose any offenses falling under paragraph (3) of this subsection. 1782
The petition shall also include any information the petitioner chooses to submit1783
concerning the circumstances of their record and their rehabilitation.1784
(C) In considering predetermination petitions, the commission shall apply the direct1785
relationship standard in paragraph (2) of this subsection and shall not consider any1786
offenses falling under paragraph (3) of this subsection. The commission shall support1787
any adverse predetermination with clear and convincing evidence.1788
- 69 - 24 LC 36 5881S
(D) A predetermination made under this subsection that a petitioner is eligible for a1789
license shall be binding on the commission only if the petitioner applies for1790
certification, fulfills all other requirements for operator certification, and the petitioner's1791
submitted criminal record was correct and remains unchanged at the time of his or her1792
application for certification.1793
(E) If a petitioner's criminal record includes matters that may disqualify the petitioner1794
from certification, the commission shall notify the petitioner of the potentially1795
disqualifying convictions. The letter of concern shall advise the petitioner of their1796
opportunity to submit additional evidence of rehabilitation and mitigation or for a1797
hearing, or both.1798
(F) The commission may predetermine that the petitioner's criminal record is likely1799
grounds for denial of certification only after the commission has held a hearing on the1800
petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia1801
Administrative Procedure Act.' The hearing shall be held in person, by remote video,1802
or by teleconference within 60 days of receipt of the predetermination petition. The1803
individual shall have the opportunity to include character witnesses at the hearing,1804
including but not limited to family members, friends, past or prospective employers,1805
probation or parole officers, and rehabilitation counselors, who may offer their verbal1806
or written support. The commission shall not make an adverse inference by a1807
petitioner's decision to forgo a hearing or character witnesses. The commission shall1808
issue a final decision within 60 days of complete submission of the issue for1809
consideration or the hearing, whichever is later.1810
(G) If the commission decides that a predetermination petitioner is ineligible for a1811
license, the board shall notify the petitioner of the following:1812
(i) The grounds and rationale for the predetermination, including any of the1813
petitioner's specific convictions and the factors provided for in paragraph (3) of this1814
subsection the commission deemed directly relevant;1815
- 70 - 24 LC 36 5881S
(ii) An explanation of the process and right to appeal the commission's1816
predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative1817
Procedure Act'; and1818
(iii) Any actions the petitioner may take to remedy the disqualification. An1819
individual who receives a predetermination of ineligibility may submit a revised1820
petition reflecting completion of the remedial actions. The individual may submit a1821
new petition to the commission not before one year following a final judgment on1822
their initial petition or upon completing the remedial actions, whichever is earlier.1823
(H) The denial of a predetermination petition because of the applicant's criminal record1824
shall constitute a contested case as defined in Code Section 50-13-2. In an1825
administrative hearing or civil action reviewing the denial of a predetermination1826
petition, the commission shall have the burden of proving that the applicant's criminal1827
record directly relates to the licensed occupation."1828
PART III1829
SECTION 3-1.1830
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by1831
adding a new paragraph to Code Section 20-2-982.1, relating to definitions relative to1832
professional standards of teachers and other school personnel, to read as follows:1833
"(1.1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of1834
whether an appeal of such finding, verdict, or plea has been sought."1835
SECTION 3-2.1836
Said title is further is amended by revising Code Section 20-2-984.3, relating to preliminary1837
investigation of violations by the Professional Standards Commission, requirement for1838
automatic investigation, and investigation of sexual offenses, as follows:1839
- 71 - 24 LC 36 5881S
"20-2-984.3.1840
(a) Upon receipt of a written request from a local board, the state board, or one or more1841
individual residents of this state, the commission shall be authorized to investigate:1842
(1) Alleged violations by an educator of any law of this state pertaining to educators or1843
the profession of education;1844
(2) Alleged violations by an educator of the code of ethics of the commission;1845
(3) Alleged violations by an educator of rules, regulations, or policies of the state board1846
or the commission;1847
(4) Complaints alleging a failure by an educator to meet or comply with standards of1848
performance of the commission or the state board; or1849
(5) Complaints alleging that an educator has been convicted of any directly related1850
felony, of any crime involving moral turpitude directly related covered misdemeanor as1851
defined in Code Section 43-1-1, of any other criminal offense involving the manufacture,1852
distribution, trafficking, sale, or possession of a controlled substance or marijuana as1853
provided for in Chapter 13 of Title 16, or of any other sexual offense as provided for in1854
Code Sections 16-6-1 through 16-6-17 or Code Section 16-6-20, 16-6-22.2, or 16-12-1001855
in the courts of this state or any other state, territory, or country or in the courts of the1856
United States. As used in this paragraph, the term 'convicted' shall include a finding or1857
verdict of guilty or a plea of nolo contendere, regardless of whether an appeal of the1858
conviction has been sought; a situation where first offender treatment without1859
adjudication of guilt pursuant to the charge was granted; and a situation where an1860
adjudication of guilt or sentence was otherwise withheld or not entered on the charge or1861
the charge was otherwise disposed of in a similar manner in any jurisdiction.1862
(b) The commission shall decide whether to conduct a preliminary investigation pursuant1863
to this Code section within 30 days of the request unless an extension is granted pursuant1864
to the procedure outlined in subsection (b) of Code Section 20-2-984.5. The commission1865
may appoint a committee of its membership with the power to transact and carry out the1866
- 72 - 24 LC 36 5881S
business and duties of the commission when deciding whether to conduct a preliminary1867
investigation.1868
(b.1) In investigating whether to deny, diminish, limit, suspect, revoke, refuse to renew,1869
or otherwise withhold a certificate, the commission shall not consider nor require an1870
educator to disclose:1871
(1) A deferred adjudication, first offender treatment, participation in a diversion1872
program, a conditional discharge, or an arrest not followed by a conviction;1873
(2) A conviction for which no sentence of incarceration can be imposed;1874
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1875
pardoned;1876
(4) A juvenile adjudication;1877
(5) A misdemeanor conviction older than five years, unless the offense of conviction is1878
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1879
(6) A conviction older than five years for which the individual was not incarcerated, or1880
a conviction for which the individual's incarceration ended more than five years before1881
the date of the commission's consideration, except for a felony conviction related to:1882
(A) A criminal sexual act;1883
(B) Criminal fraud or embezzlement;1884
(C) Aggravated assault;1885
(D) Aggravated robbery;1886
(E) Aggravated abuse, neglect, or endangerment of a child;1887
(F) Arson;1888
(G) Carjacking;1889
(H) Kidnapping; or1890
(I) Manslaughter, homicide, or murder.1891
(c) When an educator admits on a Professional Standards Commission application to1892
having resigned or being discharged for committing a felony or misdemeanor involving1893
- 73 - 24 LC 36 5881S
moral turpitude covered misdemeanor as defined in Code Section 43-1-1 or being under1894
investigation by law enforcement authorities for such conduct or for committing a breach1895
of the code of ethics or for a violation of state education laws or having a criminal history1896
record or having had a surrender, denial, revocation, or suspension of a certificate or being1897
the subject of an investigation or adverse action regarding a certificate, an investigation1898
will automatically open without notification to the commission and with written1899
notification to the educator.1900
(c.1) Notwithstanding subsection (c) of this Code section, the commission shall not1901
consider nor require an educator to disclose on a Professional Standards Commission1902
application:1903
(1) A deferred adjudication, first offender treatment, participation in a diversion1904
program, a conditional discharge, or an arrest not followed by a conviction;1905
(2) A conviction for which no sentence of incarceration can be imposed;1906
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1907
pardoned;1908
(4) A juvenile adjudication;1909
(5) A misdemeanor conviction older than five years, unless the offense of conviction is1910
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1911
(6) A conviction older than five years for which the individual was not incarcerated, or1912
a conviction for which the individual's incarceration ended more than five years before1913
the date of the commission's consideration, except for a felony conviction related to:1914
(A) A criminal sexual act;1915
(B) Criminal fraud or embezzlement;1916
(C) Aggravated assault;1917
(D) Aggravated robbery;1918
(E) Aggravated abuse, neglect, or endangerment of a child;1919
(F) Arson;1920
- 74 - 24 LC 36 5881S
(G) Carjacking;1921
(H) Kidnapping; or1922
(I) Manslaughter, homicide, or murder.1923
(d) Notwithstanding the requirements of this Code section, the staff of the commission1924
shall be authorized, without notification to the commission, to immediately open an1925
investigation submitted to the commission by a local school superintendent, with approval1926
of the local board of education, of a complaint by a student against an educator alleging a1927
sexual offense, as provided for in Code Sections 16-6-1 through 16-6-17 or Code Section1928
16-6-20, 16-6-22.2, or 16-12-100.1929
(e)(1) Notwithstanding any other provision of law, an individual with a criminal record1930
may petition the commission at any time, including while incarcerated and before starting1931
or completing any required professional qualifications for certification, for a1932
predetermination as to whether the individual's criminal record will disqualify him or her1933
from obtaining a certificate.1934
(2) The petition for predetermination shall include the individual's criminal record or1935
authorize the board to obtain the individual's criminal record. The petitioning individual1936
need not disclose any offenses falling under subsection (c.1) of this Code section. The1937
petition shall also include any information the petitioner chooses to submit concerning1938
the circumstances of their record and their rehabilitation.1939
(3) In considering predetermination petitions, the commission shall apply the direct1940
relationship standard provided for in subsection (a.1) of Code Section 20-2-984.5 and1941
shall not consider any offenses falling under subsection (c.1) of this Code section. The1942
commission shall support any adverse predetermination with clear and convincing1943
evidence.1944
(4) A predetermination made under this subsection that a petitioner is eligible for a1945
certificate shall be binding on the commission only if the petitioner applies for1946
certification, fulfills all other requirements for the certificate, and the petitioner's1947
- 75 - 24 LC 36 5881S
submitted criminal record was correct and remains unchanged at the time of his or her1948
application for a certificate.1949
(5) If a petitioner's criminal record includes matters that may disqualify the petitioner1950
from certification, the commission shall notify the petitioner of the potentially1951
disqualifying convictions. The letter of concern shall advise the petitioner of their1952
opportunity to submit additional evidence of rehabilitation and mitigation or for a1953
hearing, or both.1954
(6) The commission may predetermine that the petitioner's criminal record is likely1955
grounds for denial of a license only after the commission has held a hearing on the1956
petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia1957
Administrative Procedure Act.' The hearing shall be held in person, by remote video, or1958
by teleconference within 60 days of receipt of the predetermination petition. The1959
individual shall have the opportunity to include character witnesses at the hearing,1960
including but not limited to family members, friends, past or prospective employers,1961
probation or parole officers, and rehabilitation counselors, who may offer their verbal or1962
written support. The commission shall not make an adverse inference by a petitioner's1963
decision to forgo a hearing or character witnesses. The commission shall issue a final1964
decision within 60 days of complete submission of the issue for consideration or the1965
hearing, whichever is later.1966
(7) If the commission decides that a predetermination petitioner is ineligible for a1967
certificate, the board shall notify the petitioner of the following:1968
(A) The grounds and rationale for the predetermination, including any specific1969
convictions and the factors in subsection (a.1) of Code Section 20-2-984.5 the1970
commission deemed directly relevant;1971
(B) An explanation of the process and right to appeal the commission's1972
predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative1973
Procedure Act'; and1974
- 76 - 24 LC 36 5881S
(C) Any actions the petitioner may take to remedy the disqualification. An individual1975
who receives a predetermination of ineligibility may submit a revised petition reflecting1976
completion of the remedial actions. The individual may submit a new petition to the1977
commission not before one year following a final judgment on their initial petition or1978
upon completing the remedial actions, whichever is earlier.1979
(8) The denial of a predetermination petition because of the applicant's criminal record1980
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative1981
hearing or civil action reviewing the denial of a predetermination petition, the1982
commission shall have the burden of proving that the applicant's criminal record directly1983
relates to the licensed occupation."1984
SECTION 3-3.1985
Said title is further amended in Code Section 20-2-984.5, relating to preliminary1986
investigations of educators, disciplinary actions, and hearings by the Professional Standards1987
Commission, by adding two new subsections to read as follows:1988
"(a.1) The commission shall recommend disciplinary action on the basis of a criminal1989
conviction only if the conviction or adjudication directly relates to the role of an educator. 1990
In determining if a criminal conviction directly relates to the role of an educator, the1991
commission shall consider:1992
(1) The nature and seriousness of the crime and the direct relationship of the criminal1993
conduct to the duties and responsibilities of the educator;1994
(2) The age of the individual at the time such crime was committed;1995
(3) The length of time elapsed since such crime was committed;1996
(4) All circumstances relative to such crime, including, but not limited to, mitigating1997
circumstances or social conditions surrounding the commission of the offense; and1998
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1999
for which the certificate is sought or held, including, but not limited to:2000
- 77 - 24 LC 36 5881S
(A) The completion of the criminal sentence;2001
(B) A program and treatment certificate issued by the Board of Corrections;2002
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2003
program;2004
(D) Testimonials and recommendations, which may include a progress report from the2005
individual's probation or parole officer;2006
(E) Education and training;2007
(F) Employment history;2008
(G) Employment aspirations;2009
(H) The individual's current family or community responsibilities, or both;2010
(I) Whether a bond is required to practice the occupation;2011
(J) Any affidavits or other written documents, including, but not limited to, character2012
references; and2013
(K) Any other information regarding rehabilitation the individual submits to the2014
commission.2015
(a.2) In determining whether to deny, diminish, limit, suspect, revoke, refuse to renew, or2016
otherwise withhold a license, the commission or investigator shall not consider nor require2017
an individual to disclose:2018
(1) A deferred adjudication, first offender treatment, participation in a diversion2019
program, a conditional discharge, or an arrest not followed by a conviction;2020
(2) A conviction for which no sentence of incarceration can be imposed;2021
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or2022
pardoned;2023
(4) A juvenile adjudication;2024
(5) A misdemeanor conviction older than five years, unless the offense of conviction is2025
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or2026
- 78 - 24 LC 36 5881S
(6) A conviction older than five years for which the individual was not incarcerated, or2027
a conviction for which the individual's incarceration ended more than five years before2028
the date of the commission's consideration, except for a felony conviction related to:2029
(A) A criminal sexual act;2030
(B) Criminal fraud or embezzlement;2031
(C) Aggravated assault;2032
(D) Aggravated robbery;2033
(E) Aggravated abuse, neglect, or endangerment of a child;2034
(F) Arson;2035
(G) Carjacking;2036
(H) Kidnapping; or2037
(I) Manslaughter, homicide, or murder."2038
PART IV2039
SECTION 4-1.2040
Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics,2041
is amended by revising subsection (a) of Code Section 26-4-41, relating to qualifications for2042
pharmacist licenses, examination, and internships and other training programs, as follows:2043
"(a) Qualifications. To obtain a license to engage in the practice of pharmacy, an2044
applicant for licensure by examination shall:2045
(1) Have submitted an application in the form prescribed by the board;2046
(2) Have attained the age of majority;2047
(3) Be of good moral character;2048
(4)(3) Have graduated and received a professional undergraduate degree from a college2049
or school of pharmacy as the same may be approved by the board; provided, however,2050
that, since it would be impractical for the board to evaluate a school or college of2051
- 79 - 24 LC 36 5881S
pharmacy located in another country, the board may accept a graduate from such a school2052
or college so long as the graduate has completed all requirements of the Foreign2053
Pharmacy Equivalency Certification Program administered by the National Association2054
of Boards of Pharmacy. This shall include successful completion of all required2055
examinations and the issuance of the equivalency certificate and be based upon an2056
individual evaluation by the board of the applicant's educational experience, professional2057
background, and proficiency in the English language;2058
(5)(4) Have completed an internship or other program that has been approved by the2059
board or demonstrated to the board's satisfaction that experience in the practice of2060
pharmacy which meets or exceeds the minimum internship requirements of the board;2061
(6)(5) Have successfully passed an examination or examinations approved by the board;2062
and2063
(7)(6) Have paid the fees specified by the board for the examination and any related2064
materials and have paid for the issuance of the license."2065
SECTION 4-2.2066
Said title is further amended in Code Section 26-4-60, relating to grounds for suspension,2067
revocation or refusal to grant pharmacist licenses, by revising paragraph (3) of subsection (a)2068
as follows:2069
"(3) Except as prohibited in Code Section 26-4-60.1, for being Being:2070
(A) Convicted of a felony;2071
(B) Convicted of any crime involving moral turpitude covered misdemeanor, as2072
defined in Code Section 43-1-1, in this state or any other state, territory, or country or2073
in the courts of the United States; or2074
(C) Convicted or guilty of violations of the pharmacy or drug laws of this state, or rules2075
and regulations pertaining thereto, or of laws, rules, and regulations of any other state,2076
or of the federal government;"2077
- 80 - 24 LC 36 5881S
SECTION 4-3.2078
Said title is further amended by adding two new Code sections to read as follows:2079
"26-4-60.1.2080
(a) Notwithstanding paragraph (3) of subsection (a) of Code Section 26-4-60, the board2081
of pharmacy shall refuse to grant a license to an individual or shall revoke a license only2082
if a conviction directly relates to the occupation for which the license is sought or held and2083
granting the license would pose a direct and substantial risk to public safety because the2084
individual has not been rehabilitated to safely perform the duties and responsibilities of the2085
practice of pharmacy. In determining if a conviction directly relates to the occupation for2086
which the license is sought or held, the board of pharmacy shall consider:2087
(1) The nature and seriousness of the offense and the direct relationship of the criminal2088
conduct to the duties and responsibilities of the occupation for which the license is sought2089
or held;2090
(2) The age of the individual at the time the offense was committed;2091
(3) The length of time elapsed since the offense was committed;2092
(4) All circumstances relative to the offense, including, but not limited to, mitigating2093
circumstances or social conditions surrounding the commission of the offense; and2094
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2095
for which the license is sought or held, including, but not limited to:2096
(A) The completion of the criminal sentence;2097
(B) A program and treatment certificate issued by the Board of Corrections;2098
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2099
program;2100
(D) Testimonials and recommendations, which may include a progress report from the2101
individual's probation or parole officer;2102
(E) Education and training;2103
(F) Employment history;2104
- 81 - 24 LC 36 5881S
(G) Employment aspirations;2105
(H) The individual's current family or community responsibilities, or both;2106
(I) Whether a bond is required to practice the occupation;2107
(J) Any affidavits or other written documents, including, but not limited to, character2108
references; and2109
(K) Any other information regarding rehabilitation the individual submits to the board.2110
(b) In determining whether to deny, diminish, limit, suspect, revoke, refuse to renew, or2111
otherwise withhold a license due to criminal record, the board of pharmacy shall not2112
consider nor require an individual to disclose:2113
(1) A deferred adjudication, first offender treatment, participation in a diversion2114
program, a conditional discharge, or an arrest not followed by a conviction;2115
(2) A conviction for which no sentence of incarceration can be imposed;2116
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or2117
pardoned;2118
(4) A juvenile adjudication;2119
(5) A misdemeanor conviction older than five years, unless the offense of conviction is2120
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or2121
(6) A conviction older than five years for which the individual was not incarcerated, or2122
a conviction for which the individual's incarceration ended more than five years before2123
the date of the board's consideration, except for a felony conviction related to:2124
(A) A criminal sexual act;2125
(B) Criminal fraud or embezzlement;2126
(C) Aggravated assault;2127
(D) Aggravated robbery;2128
(E) Aggravated abuse, neglect, or endangerment of a child;2129
(F) Arson;2130
(G) Carjacking;2131
- 82 - 24 LC 36 5881S
(H) Kidnapping;2132
(I) Manslaughter, homicide, or murder; or2133
(J) Distribution, manufacturing, or possession of a controlled substance.2134
26-4-60.2.2135
(a) Notwithstanding any other provision of law, an individual with a criminal record may2136
petition the board of pharmacy at any time, including while incarcerated and before starting2137
or completing any required professional qualifications for licensure, for a predetermination2138
as to whether the individual's criminal record will disqualify him or her from obtaining a2139
license.2140
(b) The petition for predetermination shall include the individual's criminal record or2141
authorize the board to obtain the individual's criminal record. The petitioning individual2142
need not disclose any offenses falling under subsection (b) of Code Section 20-4-60.1. The2143
petition shall also include any information the petitioner chooses to submit concerning the2144
circumstances of their record and their rehabilitation.2145
(c) In considering predetermination petitions, the board shall apply the direct relationship2146
standard in subsection (a) of Code Section 26-4-60.1 and shall not consider any offenses2147
falling under subsection (b) of Code Section 26-4-60.1. The board shall support any2148
adverse predetermination with clear and convincing evidence.2149
(d) A predetermination made under this subsection that a petitioner is eligible for a license2150
shall be binding on the board only if the petitioner applies for licensure, fulfills all other2151
requirements for the licensure, and the petitioner's submitted criminal record was correct2152
and remains unchanged at the time of his or her application for a license.2153
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2154
licensure, the board shall notify the petitioner of the potentially disqualifying convictions. 2155
The letter of concern shall advise the petitioner of their opportunity to submit additional2156
evidence of rehabilitation and mitigation or for a hearing, or both.2157
- 83 - 24 LC 36 5881S
(f) The board may predetermine that the petitioner's criminal record is likely grounds for2158
denial of a license only after the board has held a hearing on the petitioner's eligibility in2159
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The2160
hearing shall be held in person, by remote video, or by teleconference within 60 days of2161
receipt of the predetermination petition. The individual shall have the opportunity to2162
include character witnesses at the hearing, including but not limited to family members,2163
friends, past or prospective employers, probation or parole officers, and rehabilitation2164
counselors, who may offer their verbal or written support. The board shall not make an2165
adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The2166
board shall issue a final decision within 60 days of complete submission of the issue for2167
consideration or the hearing, whichever is later.2168
(g) If the board decides that a predetermination petitioner is ineligible for a license, the2169
board shall notify the petitioner of the following:2170
(1) The grounds and rationale for the predetermination, including the specific2171
convictions and the factors in paragraph (1) of subsection (a) of this Code section the2172
board deemed directly relevant;2173
(2) An explanation of the process and right to appeal the board's predetermination2174
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and2175
(3) Any actions the petitioner may take to remedy the disqualification. An individual2176
who receives a predetermination of ineligibility may submit a revised petition reflecting2177
completion of the remedial actions. The individual may submit a new petition to the2178
board not before one year following a final judgment on their initial petition or upon2179
completing the remedial actions, whichever is earlier.2180
(h) The denial of a predetermination petition because of the applicant's criminal record2181
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative2182
hearing or civil action reviewing the denial of a predetermination petition, the board shall2183
- 84 - 24 LC 36 5881S
have the burden of proving that the applicant's criminal record directly relates to the2184
licensed occupation."2185
PART V2186
SECTION 5-1.2187
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code2188
Section 31-7-351, relating to definitions relative to the Georgia long-term care background2189
check program, by revising paragraph (5) as follows:2190
"(5)(A) 'Criminal record' means any of the following:2191
(i) Conviction of a crime;2192
(ii) Arrest, charge, and sentencing for a crime when:2193
(I) A plea of nolo contendere was entered to the crime;2194
(II) First offender treatment without adjudication of guilt was granted to the crime;2195
or2196
(III) Adjudication or sentence was otherwise withheld or not entered for the crime;2197
or2198
(iii) Arrest and charges for a crime if the charge is pending, unless the time for2199
prosecuting such crime has expired pursuant to Chapter 3 of Title 17.2200
(B) Such term shall not include an owner, applicant, or employee for which at least ten2201
years have elapsed from the date of his or her criminal background check since the2202
completion of all of the terms of his or her sentence dates of conviction or adjudication;2203
such term also shall not include an owner, applicant, or employee who has received a2204
general pardon from the State Board of Pardons and Paroles for the convictions;2205
provided, however, that such ten-year period exemption or and pardon exemption shall2206
never apply to any crime identified in subsection (j) of Code Section 42-8-60."2207
- 85 - 24 LC 36 5881S
PART VI2208
SECTION 6-1.2209
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code2210
Section 33-23-21, relating to grounds for refusal, suspension, or revocation of insurance2211
agent licenses, by revising paragraphs (15) and (16) as follows:2212
"(15) Except as otherwise provided in Code Section 33-23-21.2, has Has been convicted2213
of any felony or of any crime involving moral turpitude covered misdemeanor as defined2214
in Code Section 43-1-1 in the courts of this state or any other state, territory, or country2215
or in the courts of the United States; as used in this paragraph and paragraph (16) of this2216
subsection, the term 'felony' shall include any offense which, if committed in this state,2217
would be deemed a felony, without regard to its designation elsewhere; and, as used in2218
this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea2219
of guilty, regardless of whether an appeal of the conviction has been sought;2220
(16) Except as otherwise provided in Code Section 33-23-21.2, has Has been arrested,2221
charged, and sentenced for the commission of any directly related felony, or any crime2222
involving moral turpitude directly related covered misdemeanor as defined in Code2223
Section 43-1-1, where:2224
(A) First offender treatment without adjudication of guilt pursuant to the charge was2225
granted; or2226
(B) An adjudication of guilt or sentence was otherwise withheld or not entered on the2227
charge.2228
The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating2229
to probation of first offenders, or other first offender treatment shall be conclusive2230
evidence of arrest and sentencing for such crime;"2231
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SECTION 6-2.2232
Said title is further amended by adding two new Code sections to read as follows:2233
"33-23-21.2.2234
Notwithstanding Code Section 33-23-21, the Commissioner shall refuse to grant a license2235
to an individual or shall revoke a license only if a conviction directly relates to the2236
occupation for which the license is sought or held and granting the license would pose a2237
direct and substantial risk to public safety because the individual has not been rehabilitated2238
to safely perform the duties and responsibilities of a licensee. In determining if a2239
conviction directly relates to the occupation for which the license is sought or held, the2240
Commissioner shall consider:2241
(1) The nature and seriousness of the offense and the direct relationship of the criminal2242
conduct to the duties and responsibilities of the occupation for which the license is sought2243
or held;2244
(2) The age of the individual at the time the offense was committed;2245
(3) The length of time elapsed since the offense was committed;2246
(4) All circumstances relative to the offense, including, but not limited to, mitigating2247
circumstances or social conditions surrounding the commission of the offense; and2248
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2249
for which the license is sought or held, including, but not limited to:2250
(A) The completion of the criminal sentence;2251
(B) A program and treatment certificate issued by the Board of Corrections;2252
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2253
program;2254
(D) Testimonials and recommendations, which may include a progress report from the2255
individual's probation or parole officer;2256
(E) Education and training;2257
(F) Employment history;2258
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(G) Employment aspirations;2259
(H) The individual's current family or community responsibilities, or both;2260
(I) Whether a bond is required to practice the occupation;2261
(J) Any affidavits or other written documents, including, but not limited to, character2262
references; and2263
(K) Any other information regarding rehabilitation the individual submits to the2264
Commissioner.2265
33-23-21.3.2266
(a) Notwithstanding any other provision of law, an individual with a criminal record may2267
petition the Commissioner at any time, including while incarcerated and before starting or2268
completing any required professional qualifications for licensure, for a predetermination2269
as to whether the individual's criminal record will disqualify him or her from obtaining a2270
license.2271
(b) The petition for predetermination shall include the individual's criminal record or2272
authorize the Commissioner to obtain the individual's criminal record. The petition shall2273
also include information submitted by the petitioner concerning the circumstances of their2274
record and their rehabilitation.2275
(c) In considering predetermination petitions, the Commissioner shall apply the direct2276
relationship standard in Code Section 33-23-21.2.2277
(d) A predetermination made under this subsection that a petitioner is eligible for a license2278
shall be binding on the Commissioner only if the petitioner applies for licensure, fulfills2279
all other requirements for the licensure, and the petitioner's submitted criminal record was2280
correct and remains unchanged at the time of his or her application for a license.2281
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2282
licensure, the Commissioner shall provide notice and opportunity for a hearing in2283
accordance with Chapter 2 of this title.2284
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(f) If, after notice and the opportunity for a hearing, the Commissioner decides that a2285
predetermination petitioner is ineligible for a license, the Commissioner shall notify the2286
petitioner of the following:2287
(1) The grounds and rationale for the predetermination, including the factors in Code2288
Section 33-23-21.2 the Commissioner deemed directly relevant;2289
(2) An explanation of the process and right to appeal the Commissioner's2290
predetermination decision; and2291
(3) Any actions the petitioner may take to remedy the disqualification. An individual2292
who receives a predetermination of ineligibility may submit a revised petition reflecting2293
completion of the remedial actions. The individual may submit a new petition to the2294
Commissioner not before one year following a final judgment on their initial petition or2295
upon completing the remedial actions, whichever is earlier."2296
SECTION 6-3.2297
Said title is further amended by adding two new Code sections to read as follows:2298
"33-23-43.11.2299
Notwithstanding Code Section 33-23-43.10, the Commissioner shall refuse to grant a2300
license to an individual or shall revoke a license only if a conviction directly relates to the2301
occupation for which the license is sought or held and granting the license would pose a2302
direct and substantial risk to public safety because the individual has not been rehabilitated2303
to safely perform the duties and responsibilities of a licensee. In determining if a2304
conviction directly relates to the occupation for which the license is sought or held, the2305
Commissioner shall consider:2306
(1) The nature and seriousness of the offense and the direct relationship of the criminal2307
conduct to the duties and responsibilities of the occupation for which the license is sought2308
or held;2309
(2) The age of the individual at the time the offense was committed;2310
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(3) The length of time elapsed since the offense was committed;2311
(4) All circumstances relative to the offense, including, but not limited to, mitigating2312
circumstances or social conditions surrounding the commission of the offense; and2313
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2314
for which the license is sought or held, including, but not limited to:2315
(A) The completion of the criminal sentence;2316
(B) A program and treatment certificate issued by the Board of Corrections;2317
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2318
program;2319
(D) Testimonials and recommendations, which may include a progress report from the2320
individual's probation or parole officer;2321
(E) Education and training;2322
(F) Employment history;2323
(G) Employment aspirations;2324
(H) The individual's current family or community responsibilities, or both;2325
(I) Whether a bond is required to practice the occupation;2326
(J) Any affidavits or other written documents, including, but not limited to, character2327
references; and2328
(K) Any other information regarding rehabilitation the individual submits to the2329
Commissioner.2330
33-23-43.12.2331
(a) Notwithstanding any other provision of law, an individual with a criminal record may2332
petition the Commissioner at any time, including while incarcerated and before starting or2333
completing any required professional qualifications for licensure, for a predetermination2334
as to whether the individual's criminal record will disqualify him or her from obtaining a2335
public adjuster's license.2336
- 90 - 24 LC 36 5881S
(b) The petition for predetermination shall include the individual's criminal record or2337
authorize the Commissioner to obtain the individual's criminal record. The petition shall2338
also include information submitted by the petitioner concerning the circumstances of their2339
record and their rehabilitation.2340
(c) In considering predetermination petitions, the Commissioner shall apply the direct2341
relationship standard in Code Section 33-23-43.11.2342
(d) A predetermination made under this subsection that a petitioner is eligible for a license2343
shall be binding on the Commissioner only if the petitioner applies for licensure, fulfills2344
all other requirements for the licensure, and the petitioner's submitted criminal record was2345
correct and remains unchanged at the time of his or her application for a license.2346
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2347
licensure, the Commissioner shall provide notice and opportunity for a hearing in2348
accordance with Chapter 2 of this title.2349
(f) If, after notice and the opportunity for a hearing, the Commissioner decides that a2350
predetermination petitioner is ineligible for a license, the Commissioner shall notify the2351
petitioner of the following:2352
(1) The grounds and rationale for the predetermination, including the specific2353
convictions and the factors in Code Section 33-23-43.11 the Commissioner deemed2354
directly relevant;2355
(2) An explanation of the process and right to appeal the Commissioner's2356
predetermination decision; and2357
(3) Any actions the petitioner may take to remedy the disqualification. An individual2358
who receives a predetermination of ineligibility may submit a revised petition reflecting2359
completion of the remedial actions. The individual may submit a new petition to the2360
Commissioner not before one year following a final judgment on their initial petition or2361
upon completing the remedial actions, whichever is earlier."2362
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PART VII2363
SECTION 7-1.2364
Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter2365
standards and training is amended by adding a new subsection to Code Section 25-4-8,2366
relating to qualifications of firefighters generally, to read as follows:2367
"(d) A person who pleaded guilty to a felony offense under the 'Georgia First Offender Act'2368
and successfully completed the terms of his or her sentence pursuant to Article 3 of Chapter2369
8 of Title 42 may, at the council's discretion, be certified and employed as a firefighter if2370
such person otherwise meets the qualifications set forth in this Code section. Such person2371
shall provide information on the circumstances underlying the plea of guilty, as requested2372
by the council, to enable the council to make an informed decision on such individual's2373
qualification status."2374
PART VIII2375
SECTION 8-1.2376
Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to2377
Georgia Crime Information Center, is amended in Code Section 35-3-37, relating to review2378
of individual's criminal history record information, definitions, privacy considerations,2379
written application requesting review, and inspection, by revising divisions (j)(4)(B)(xvi),2380
(j)(4)(B)(xvii), and (j)(4)(B)(xviii), subparagraph (j)(4)(C), paragraph (7) of subsection (j),2381
and subsections (m) and (v) as follows:2382
"(xvi) Any offense related to minors generally in violation of Part 2 of Article 3 of2383
Chapter 12 of Title 16; or2384
- 92 - 24 LC 36 5881S
(xvii) Theft in violation of Chapter 8 of Title 16; provided, however, that such2385
prohibition shall not apply to a misdemeanor conviction of shoplifting or refund fraud2386
in violation of Code Section 16-8-14 or 16-8-14.1, as applicable; or2387
(xviii) Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40.2388
(C) An individual shall be limited to filing a petition under this paragraph to a lifetime2389
maximum of requesting record restriction on two convictions for a misdemeanor or a2390
series of misdemeanors arising from a single incident. For the purposes of this2391
subparagraph, the conviction of two or more offenses charged in separate counts of one2392
or more accusations consolidated for trial shall be deemed to be one conviction. If a2393
petition under this subsection has been denied, an individual may file a subsequent2394
petition on the same conviction for a misdemeanor or series of misdemeanors arising2395
from a single incident after the expiration of two years from the date of the final order2396
from the previous petition."2397
"(7) When an individual was convicted in this state of an offense for which that2398
individual has been granted a pardon from the State Board of Pardons and Paroles as2399
provided in the Constitution and Code Section 42-9-42, provided that the offense was not2400
a serious violent felony as such term is defined in Code Section 17-10-6.1 or a sexual2401
offense as such term is defined in Code Section 17-10-6.2, and provided, further, that2402
such individual has not been convicted of any crime in any jurisdiction, excluding any2403
conviction for a nonserious traffic offense, since the pardon was granted, and provided,2404
further, that he or she has no pending charged offenses, he or she may petition the court2405
in which the conviction occurred to restrict access to criminal history record information. 2406
Such court shall maintain jurisdiction over the case for this limited purpose and duration. 2407
Such petition shall be served on the prosecuting attorney. If a hearing is requested, such2408
hearing shall be held within 90 days of the filing of the petition. If the court finds that the2409
criteria for such petition are met, the court shall grant an order restricting such criminal2410
history record information. The court shall hear evidence and shall grant an order2411
- 93 - 24 LC 36 5881S
restricting such criminal history record information if it determines that the harm2412
otherwise resulting to the individual clearly outweighs the public's interest in the criminal2413
history record information being publicly available."2414
"(m)(1) For criminal history record information maintained by the clerk of court, an2415
individual who has a record restricted pursuant to Code Section 17-10-21 or this Code2416
section or an individual who has been cited for a criminal offense but was not arrested2417
and the charged offense was subsequently dismissed, nolle prossed, or reduced to a2418
violation of a local ordinance may petition the court with original jurisdiction over the2419
offenses in the county where the clerk of court is located for an order to seal all criminal2420
history record information maintained by the clerk of court for such individual's charged2421
offense. Notice of such petition shall be sent to the clerk of court and the prosecuting2422
attorney. A notice sent by registered or certified mail or statutory overnight delivery shall2423
be sufficient notice.2424
(2) The court shall order all criminal history record information in the custody of the2425
clerk of court, including within any index, to be restricted and unavailable to the public2426
if the court finds by a preponderance of the evidence that:2427
(A) The criminal history record information has been restricted pursuant to this Code2428
section; and2429
(B) The harm otherwise resulting to the privacy of the individual clearly outweighs the2430
public interest in the criminal history record information being publicly available.2431
(3) Notwithstanding paragraph (2) of this subsection, the court shall order all criminal2432
history record information in the custody of the clerk of court, including within any2433
index, to be restricted and unavailable to the public if the criminal history record has been2434
restricted pursuant to paragraph (7) of subsection (j) of this Code section.2435
(4) Within 60 days of the court's order, the clerk of court shall cause every document,2436
physical or electronic, in its custody, possession, or control to be restricted."2437
- 94 - 24 LC 36 5881S
"(v)(1) Information restricted and sealed pursuant to this Code section shall always be2438
available for inspection, copying, and use:2439
(A) For the purpose of imposing a sentence under Article 3 of Chapter 8 of Title 42;2440
(B) By the Judicial Qualifications Commission;2441
(C) By an attorney representing an accused individual who submits a sworn affidavit2442
to the clerk of court attesting that such information is relevant to a criminal proceeding;2443
(D) By a prosecuting attorney or a public defender;2444
(E) Pursuant to a court order; and2445
(F) By an individual who is the subject of restricted criminal history record information2446
or sealed court files; and2447
(G) By criminal justice agencies for law enforcement or criminal investigative2448
purposes.2449
(2) The confidentiality of such information shall be maintained insofar as practicable."2450
PART IX2451
SECTION 9-1.2452
Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first2453
offenders, is amended in Code Section 42-8-66, relating to petition for exoneration and2454
discharge, hearing, retroactive grant of first offender status, and no filing fee, by revising2455
paragraph (1) of subsection (a) and subsection (d) as follows:2456
"(a)(1) An individual who qualified for sentencing pursuant to this article but who was2457
not informed of his or her eligibility for first offender treatment may, with the consent of2458
the prosecuting attorney, petition the court in which he or she was convicted for2459
exoneration of guilt and discharge pursuant to this article."2460
"(d) The court may issue an order retroactively granting first offender treatment and2461
discharge the defendant pursuant to this article if the court finds by a preponderance of the2462
- 95 - 24 LC 36 5881S
evidence that the defendant was eligible for sentencing under the terms of this article at the2463
time he or she was originally sentenced or that he or she qualifies for sentencing under2464
paragraph (2) of subsection (a) of this Code section and the ends of justice and the welfare2465
of society are served by granting such petition; provided, however, that no relief pursuant2466
to this subsection may be given on a conviction that was used as the underlying conviction2467
for a conviction for violating Code Section 16-11-131 or if the conviction was used to2468
enhance a sentence pursuant to Code Section 17-10-7."2469
PART X2470
SECTION 10-1.2471
(a) Except as provided in subsection (b) of this section, this Act shall become effective on2472
January 1, 2024.2473
(b) Parts 1 through 7 of this Act shall become effective on January 1, 2025, and shall apply2474
to all applications for licensure submitted on or after such date.2475
SECTION 10-2.2476
All laws and parts of laws in conflict with this Act are repealed.2477
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