GA
Georgia House Bill HB508

Georgia 2023-2024 Regular Session

Georgia House Bill HB508 Compare Versions

OldNewDifferences
1-24 LC 36 5881S
2-The Senate Committee on Judiciary offered the following
3-substitute to HB 508:
1+23 LC 48 0859
2+H. B. 508
3+- 1 -
4+House Bill 508
5+By: Representatives Ballinger of the 23
6+rd
7+, Hilton of the 48
8+th
9+, Reeves of the 99
10+th
11+, Daniel of the
12+117
13+th
14+, Cheokas of the 151
15+st
16+, and others
417 A BILL TO BE ENTITLED
518 AN ACT
6-To amend Titles 20, 26, 31, 33, and 43 of the Official Code of Georgia Annotated, relating1
7-to education, food, drugs, and cosmetics, health, insurance, and professions and businesses,2
8-respectively, so as to create a preclearance process in the licensing of individuals with3
9-criminal records who make an application to or are investigated by certain licensing boards4
10-and commissions; to provide for definitions; to require certain licensing authorities to provide5
11-evidence to support adverse licensing decisions based on criminal convictions; to require a6
12-hearing prior to denying certain applicants on the basis of an individual's criminal record; to7
13-establish findings that shall be made and evidence that shall and shall not be considered prior8
14-to refusing to grant certain licenses based on certain criminal convictions; to allow an9
15-applicant to submit his or her own criminal record when applying for certain licenses; to10
16-provide for reapplication for licensure; to authorize and provide a process and requirements11
17-for predetermination decisions; to require certain licensure application information be12
18-included in certain applications and posted on a public website; to require certain annual13
19-reports concerning certain applications, predeterminations, and conviction records be filed14
20-with the Secretary of State; to amend Chapter 4 of Title 25 of the Official Code of Georgia15
21-Annotated, relating to firefighter standards and training, so as to provide for the reporting of16
22-guilty pleas taken under the "Georgia First Offender Act" to obtain employment as a fire17
23-fighter; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia18
24-- 1 - 24 LC 36 5881S
25-Annotated, relating to Georgia Crime Information Center, so as to provide for criminal19
26-history record information restrictions for certain persons cited with or convicted of certain20
27-criminal offenses; to provide that restricted criminal history record information shall be21
28-available to criminal justice agencies; to provide for petitions; to provide for criminal history22
29-record information restriction for persons granted a pardon for certain offenses; to amend23
30-Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first24
31-offenders, so as to revise the procedure for petitioning for exoneration and discharge when25
32-an individual has qualified for sentencing as a first offender; to provide for exceptions to26
33-retroactively granting first offender treatment; to provide for related matters; to provide for27
34-an effective date and applicability; to repeal conflicting laws; and for other purposes.28
35-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:29
36-PART I30
37-SECTION 1-1.31
38-Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,32
39-is amended by revising Code Section 43-1-1, relating to definitions, as follows:33
40-"43-1-1.34
41-As used in this title, the term:35
42-(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of36
43-whether an appeal of such finding, verdict, or plea has been sought.37
44-(2) 'Covered misdemeanor' shall mean any:38
45-(A) Misdemeanor conviction in the five years prior to the submission of the licensing39
46-application; and40
47-(B) Misdemeanor conviction listed in subparagraph (j)(4)(B) of Code Section 35-3-37,41
48-irrespective of the date of such conviction.42
49-- 2 - 24 LC 36 5881S
50-(1)(3) 'Division' means the professional licensing boards division created under Code43
51-Section 43-1-2.44
52-(2)(4) 'Division director' means the individual appointed by the Secretary of State as45
53-director of the professional licensing boards division within the office of the Secretary46
54-of State.47
55-(5) 'Felony' means any offense which, if committed in this state, would be deemed a48
56-felony, without regard to its designation elsewhere.49
57-(3)(6) 'Professional licensing board' means any board, bureau, commission, or other50
58-agency of the executive branch of state government which is created for the purpose of51
59-licensing or otherwise regulating or controlling any profession, business, or trade and52
60-which is placed by law under the jurisdiction of the division director of the professional53
61-licensing boards division within the office of the Secretary of State."54
62-SECTION 1-2.55
63-Said title is further amended in Code Section 43-1-19, relating to a professional licensing56
64-board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and57
65-probationary licenses, by revising subsection (a) as follows:58
66-"(a) A professional licensing board shall have the authority to refuse to grant a license to59
67-an applicant therefor or to revoke the license of a person licensed by that board or to60
68-discipline a person licensed by that board, upon a finding by a majority of the entire board61
69-that the licensee or applicant has:62
70-(1) Failed to demonstrate the qualifications or standards for a license contained in this63
71-Code section, or under the laws, rules, or regulations under which licensure is sought or64
72-held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the65
73-board that he or she meets all the requirements for the issuance of a license, and, if the66
74-board is not satisfied as to the applicant's qualifications, it may deny a license without a67
75-- 3 - 24 LC 36 5881S
76-prior hearing; provided, however, that the applicant shall be allowed to appear before the68
77-board if he or she so desires;69
78-(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the70
79-practice of a business or profession licensed under this title or on any document71
80-connected therewith; practiced fraud or deceit or intentionally made any false statement72
81-in obtaining a license to practice the licensed business or profession; or made a false73
82-statement or deceptive registration with the board;74
83-(3) Been convicted of any a directly related felony or a directly related covered75
84-misdemeanor or of any crime involving moral turpitude in the courts of this state or any76
85-other state, territory, or country or in the courts of the United States; as used in this77
86-paragraph, paragraph (4) of this subsection, and subsection (q) of this Code section, the78
87-term 'felony' shall include any offense which, if committed in this state, would be deemed79
88-a felony, without regard to its designation elsewhere; and, as used in this paragraph and80
89-subsection (q) of this Code section, the term 'conviction' shall include a finding or verdict81
90-of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been82
91-sought;. The professional licensing board shall have the burden of justifying by clear and83
92-convincing evidence that a conviction supports an adverse licensing decision. Before the84
93-professional licensing board may deny an applicant a license due to his or her criminal85
94-record, such applicant shall be entitled to a hearing before the professional licensing86
95-board in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure87
96-Act';88
97-(4)(A) Been arrested, charged, and sentenced for the commission of any felony, or any89
98-crime involving moral turpitude, when:90
99-(i) A sentence for such offense was imposed pursuant to Article 3 of Chapter 8 of91
100-Title 42 or another state's first offender laws;92
101-(ii) A sentence for such offense was imposed pursuant to subsection (a) or (c) of93
102-Code Section 16-13-2;94
103-- 4 - 24 LC 36 5881S
104-(iii) A sentence for such offense was imposed as a result of a plea of nolo contendere;95
105-or96
106-(iv) An adjudication of guilt or sentence was otherwise withheld or not entered on the97
107-charge.98
108-(B) An order entered pursuant to subsection (a) or (c) of Code Section 16-13-2, Article99
109-3 of Chapter 8 of Title 42, or another state's first offender treatment order shall be100
110-conclusive evidence of an arrest and sentencing for such offense;101
111-(5)(4) Had his or her license to practice a business or profession licensed under this title102
112-revoked, suspended, or annulled by any lawful licensing authority other than the board;103
113-had other disciplinary action taken against him or her by any such lawful licensing104
114-authority other than the board; was denied a license by any such lawful licensing105
115-authority other than the board, pursuant to disciplinary proceedings; or was refused the106
116-renewal of a license by any such lawful licensing authority other than the board, pursuant107
117-to disciplinary proceedings;108
118-(6)(5) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious109
119-conduct or practice harmful to the public that materially affects the fitness of the licensee110
120-or applicant to practice a business or profession licensed under this title or is of a nature111
121-likely to jeopardize the interest of the public; such conduct or practice need not have112
122-resulted in actual injury to any person or but must be directly related to the practice of the113
123-licensed business or profession but shows and show that the licensee or applicant has114
124-committed any act or omission which is indicative of bad moral character or115
125-untrustworthiness and which makes the licensee or applicant currently likely to harm the116
126-public. Such conduct or practice shall also include any departure from, or the failure to117
127-conform to, the minimal reasonable standards of acceptable and prevailing practice of the118
128-business or profession licensed under this title;119
129-(7)(6) Knowingly performed any act which in any way aids, assists, procures, advises,120
130-or encourages any unlicensed person or any licensee whose license has been suspended121
131-- 5 - 24 LC 36 5881S
132-or revoked by a professional licensing board to practice a business or profession licensed122
133-under this title or to practice outside the scope of any disciplinary limitation placed upon123
134-the licensee by the board;124
135-(8)(7) Violated a statute, law, or any rule or regulation of this state, any other state, the125
136-professional licensing board regulating the business or profession licensed under this title,126
137-the United States, or any other lawful authority without regard to whether the violation127
138-is criminally punishable when such statute, law, or rule or regulation relates to or in part128
139-regulates the practice of a business or profession licensed under this title and when the129
140-licensee or applicant knows or should know that such action violates such statute, law,130
141-or rule; or violated a lawful order of the board previously entered by the board in a131
142-disciplinary hearing, consent decree, or license reinstatement;132
143-(9)(8) Been adjudged mentally incompetent by a court of competent jurisdiction within133
144-or outside this state; any such adjudication shall automatically suspend the license of any134
145-such person and shall prevent the reissuance or renewal of any license so suspended for135
146-so long as the adjudication of incompetence is in effect;136
147-(10)(9) Displayed an inability to practice a business or profession licensed under this title137
148-with reasonable skill and safety to the public or has become unable to practice the138
149-licensed business or profession with reasonable skill and safety to the public by reason139
150-of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material;140
151-or141
152-(11)(10) Failed to comply with an order for child support as defined by Code Section142
153-19-11-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of143
154-release to the board from the child support agency within the Department of Human144
155-Services indicating that the applicant or licensee has come into compliance with an order145
156-for child support so that a license may be issued or granted if all other conditions for146
157-licensure are met."147
158-- 6 - 24 LC 36 5881S
159-SECTION 1-3.148
160-Said title is further amended in Code Section 43-1-19, relating to a professional licensing149
161-board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and150
162-probationary licenses, by revising subsection (j) as follows:151
163-"(j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity152
164-nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a153
165-previously denied license shall be considered to be a contested case within the meaning of154
166-Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing155
167-within the meaning of such chapter shall not be required, but the applicant or licensee shall156
168-be allowed to appear before the board if he or she so requests. A board may resolve a157
169-pending action by the issuance of a letter of concern. Such letter shall not be considered158
170-a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be159
171-disclosed to any person except the licensee or applicant."160
172-SECTION 1-4.161
173-Said title is further amended in Code Section 43-1-19, relating to a professional licensing162
174-board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and163
175-probationary licenses, by revising subsection (q) as follows:164
176-"(q)(1) Notwithstanding paragraphs paragraph (3) and (4) of subsection (a) of this Code165
177-section or any other provision of law, and unless the professional licensing board shall166
178-refuse to grant a license to an individual or shall revoke a license only if a felony or crime167
179-involving moral turpitude covered misdemeanor directly relates to the occupation for168
180-which the license is sought or held and granting the license would pose a direct and169
181-substantial risk to public safety because the individual has not been rehabilitated to safely170
182-perform the duties and responsibilities of such occupation, after considering the criteria171
183-in paragraph (2) of this subsection. Without finding a direct and substantial risk to public172
184-safety and a direct relationship between the conviction and the licensed occupation, no173
185-- 7 - 24 LC 36 5881S
186-professional licensing board shall refuse to grant a license to an applicant therefor or shall174
187-revoke the license of an individual licensed by that board due solely or in part to such175
188-applicant's or licensee's:176
189-(A) Conviction of any felony or any crime involving moral turpitude covered177
190-misdemeanor, whether it occurred in the courts of this state or any other state, territory,178
191-or country or in the courts of the United States;179
192-(B) Arrest, charge, and sentence for the commission of such offense;180
193-(C) Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another181
194-state's first offender laws;182
195-(D) Sentence for such offense pursuant to subsection (a) or (c) of Code Section183
196-16-13-2;184
197-(E) Sentence for such offense as a result of a plea of nolo contendere;185
198-(F) Adjudication of guilt or sentence was otherwise withheld or not entered; or186
199-(G) Being under supervision by a community supervision officer, as such term is187
200-defined in Code Section 42-3-1, for a conviction of any felony or any crime involving188
201-moral turpitude covered misdemeanor, whether it occurred in the courts of this state or189
202-any other state, territory, or country or in the courts of the United States, so long as such190
203-individual was not convicted of a felony violation of Chapter 5 of Title 16 nor191
204-convicted of a crime requiring registration on the state sexual offender registry.192
205-(2) In determining if a felony or crime involving moral turpitude covered misdemeanor193
206-directly relates to the occupation for which the license is sought or held, the professional194
207-licensing board shall consider:195
208-(A) The nature and seriousness of such felony or crime involving moral turpitude196
209-covered misdemeanor and the direct relationship of such felony or crime involving197
210-moral turpitude the criminal conduct to the duties and responsibilities of the occupation198
211-for which the license is sought or held;199
212-- 8 - 24 LC 36 5881S
213-(B) The age of the individual at the time such felony or crime involving moral200
214-turpitude covered misdemeanor was committed;201
215-(C) The length of time elapsed since such felony or crime involving moral turpitude202
216-covered misdemeanor was committed;203
217-(D) All circumstances relative to such felony or crime involving moral turpitude204
218-covered misdemeanor, including, but not limited to, mitigating circumstances or social205
219-conditions surrounding the commission of such felony or crime involving moral206
220-turpitude covered misdemeanor; and207
221-(E) Evidence of rehabilitation and present fitness to perform the duties of the208
222-occupation for which the license is sought or held., including, but not limited to:209
223-(i) The completion of the criminal sentence;210
224-(ii) A program and treatment certificate issued by the Board of Corrections;211
225-(iii) Completion of, or active participation in, a rehabilitative drug or alcohol212
226-treatment program;213
227-(iv) Testimonials and recommendations, which may include a progress report from214
228-the individual's probation or parole officer;215
229-(v) Education and training;216
230-(vi) Employment history;217
231-(vii) Employment aspirations;218
232-(viii) The individual's current family or community responsibilities, or both;219
233-(ix) Whether a bond is required to practice the occupation;220
234-(x) Any affidavits or other written documents, including, but not limited to, character221
235-references; and222
236-(xi) Any other information regarding rehabilitation the individual submits to the223
237-board.224
238-- 9 - 24 LC 36 5881S
239-(3) In determining whether to deny, diminish, limit, suspect, revoke, refuse to renew, or225
240-otherwise withhold a license, the professional licensing board shall not consider nor226
241-require an individual to disclose:227
242-(A) A deferred adjudication, first offender treatment, participation in a diversion228
243-program, a conditional discharge, or an arrest not followed by a conviction;229
244-(B) A conviction for which no sentence of incarceration can be imposed;230
245-(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or231
246-pardoned;232
247-(D) A juvenile adjudication;233
248-(E) A misdemeanor conviction older than five years, unless the offense of conviction234
249-is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or235
250-(F) A conviction older than five years for which the individual was not incarcerated,236
251-or a conviction for which the individual's incarceration ended more than five years237
252-before the date of the board's consideration, except for a felony conviction related to:238
253-(i) A criminal sexual act;239
254-(ii) Criminal fraud or embezzlement;240
255-(iii) Aggravated assault;241
256-(iv) Aggravated robbery;242
257-(v) Aggravated abuse, neglect, or endangerment of a child;243
258-(vi) Arson;244
259-(vii) Carjacking;245
260-(viii) Kidnapping; or246
261-(ix) Manslaughter, homicide, or murder.247
262-(4) Notwithstanding any other provision of law, no professional licensing board may248
263-apply a vague character standard to licensure decisions or predeterminations, including,249
264-but not limited to, 'good moral character,' 'moral turpitude,' or 'character and fitness.'250
265-- 10 - 24 LC 36 5881S
266-(5) Notwithstanding any other provision of law, a professional licensing board shall251
267-provide individualized consideration of an individual's criminal record and shall not252
268-automatically deny licensure on the basis of the individual's criminal record.253
269-(6)(A) If an applicant's criminal record includes issues that will or may prevent the254
270-board from issuing a license to the applicant, the board shall notify the applicant, in255
271-writing, of the specific issues in sufficient time for the applicant to provide additional256
272-documentation supporting the application before the board's final decision to deny the257
273-application. After receiving notice of any potential issue with licensure due to his or258
274-her criminal convictions, an applicant shall have 30 days to respond by correcting any259
275-inaccuracy in the criminal record or by submitting additional evidence of mitigation or260
276-rehabilitation for the board's consideration, or both.261
277-(B) For the professional licensing board to deny a license on the basis of the applicant's262
278-criminal convictions, the board shall first provide an opportunity for a hearing for such263
279-applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative264
280-Procedure Act.' The applicant shall have the opportunity at such hearing to present the265
281-written or oral testimony of character witnesses, including, but not limited to, family266
282-members, friends, prospective employers, probation or parole officers, and267
283-rehabilitation counselors. The professional licensing board shall issue a decision within268
284-60 days of the complete submission of the issues for consideration or the hearing,269
285-whichever is later.270
286-(C) The professional licensing board shall have the burden of justifying by clear and271
287-convincing evidence, after a hearing, that an applicant's criminal record supports any272
288-adverse licensing decision. If the board denies an applicant a license by reason of the273
289-applicant's criminal record, the board shall:274
290-(i) Make written findings specifying any of the applicant's convictions and the factors275
291-provided for in subparagraph (A) of paragraph (2) of this subsection the board276
292-deemed directly relevant and explaining the basis and rationale for the denial. Such277
293-- 11 - 24 LC 36 5881S
294-written findings shall be signed by the board's presiding officer and shall note the278
295-applicant's right to appeal and explain the applicant's ability to reapply. No applicant279
296-shall be restricted from reapplying for licensure for more than two years from the date280
297-of the most recent application;281
298-(ii) Provide or serve a signed copy of the written findings to the applicant within 60282
299-days of the denial; and283
300-(iii) Retain a signed copy of the written findings for no less than five years.284
301-(D) The denial of a license in part or in whole because of the applicant's criminal285
302-record shall constitute a contested case as defined in Code Section 50-13-2. In an286
303-administrative hearing or civil action reviewing the denial of a license, the professional287
304-licensing board shall have the burden of proving that the applicant's criminal record288
305-directly relates to the occupation for which the license is sought.289
306-(7)(A) Notwithstanding any other provision of law, an individual with a criminal290
307-record may petition a professional licensing board at any time, including while291
308-incarcerated and before starting or completing any required professional qualifications292
309-for licensure, for a predetermination as to whether such individual's criminal record will293
310-disqualify him or her from obtaining a license.294
311-(B) The petition for predetermination shall include the individual's criminal record or295
312-authorize the board to obtain the individual's criminal record. The petitioning296
313-individual need not disclose any offenses provided for in paragraph (3) of this297
314-subsection. Such petition shall also include any information the petitioner chooses to298
315-submit concerning the circumstances of their record and their rehabilitation.299
316-(C) In considering predetermination petitions, the professional licensing board shall300
317-apply the direct relationship standard provided for in paragraphs (1) and (2) of this301
318-subsection and shall not consider any offenses falling under paragraph (3) of this302
319-subsection. The board shall support any adverse predetermination with clear and303
320-convincing evidence.304
321-- 12 - 24 LC 36 5881S
322-(D) A predetermination made under this subsection that a petitioner is eligible for a305
323-license shall be binding on the professional licensing board only if the petitioner applies306
324-for licensure, fulfills all other requirements for the occupational license, and the307
325-petitioner's submitted criminal record was correct and remains unchanged at the time308
326-of his or her application for a license.309
327-(E) If a petitioner's criminal record includes matters that may disqualify the petitioner310
328-from licensure, the board shall notify the petitioner of the potentially disqualifying311
329-convictions. The letter of concern shall advise the petitioner of their opportunity to312
330-submit additional evidence of rehabilitation and mitigation or for a hearing, or both.313
331-(F) The professional licensing board may predetermine that the petitioner's criminal314
332-record is likely grounds for denial of a license only after the board has held a hearing315
333-on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia316
334-Administrative Procedure Act.' The hearing shall be held in person, by remote video,317
335-or by teleconference within 60 days of receipt of the predetermination petition. The318
336-individual shall have the opportunity to offer written or oral testimony of character319
337-witnesses at the hearing, including but not limited to family members, friends, past or320
338-prospective employers, probation or parole officers, and rehabilitation counselors. The321
339-professional licensing board shall not make an adverse inference by a petitioner's322
340-decision to forgo a hearing or character witnesses. The board shall issue a final323
341-decision within 60 days of complete submission of the issue for consideration or the324
342-hearing, whichever is later.325
343-(G) If the professional licensing board decides that a predetermination petitioner is326
344-ineligible for a license, the board shall notify the petitioner of the following:327
345-(i) The grounds and rationale for the predetermination, including any of the328
346-petitioner's specific convictions and the factors provided for in subparagraph (A) of329
347-paragraph (2) of this subsection the board deemed directly relevant;330
348-- 13 - 24 LC 36 5881S
349-(ii) An explanation of the process and right to appeal the board's predetermination331
350-decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';332
351-and333
352-(iii) Any actions the petitioner may take to remedy the disqualification. An334
353-individual who receives a predetermination of ineligibility may submit a revised335
354-petition reflecting completion of the remedial actions. The individual may submit a336
355-new petition to the board not before one year following a final judgment on their337
356-initial petition or upon completing the remedial actions, whichever is earlier.338
357-(H) The denial of a predetermination petition because of the applicant's criminal record339
358-shall constitute a contested case as defined in Code Section 50-13-2. In an340
359-administrative hearing or civil action reviewing the denial of a predetermination341
360-petition, the professional licensing board shall have the burden of proving that the342
361-applicant's criminal record directly relates to the licensed occupation.343
362-(8) Each professional licensing board shall include in its application for licensure and on344
363-its public website all of the following information:345
364-(A) Whether the board requires applicants to consent to a criminal record check;346
365-(B) The direct relationship standard provided for in paragraph (1) of this subsection347
366-and those factors provided for in paragraph (2) of this subsection that the board shall348
367-consider when making a determination of licensure;349
368-(C) The criminal record disclosure provided for in paragraph (3) of this subsection;350
369-(D) The appeals process pursuant to Chapter 13 of Title 50, the 'Georgia351
370-Administrative Procedure Act,' if the board denies or revokes licensure in whole or in352
371-part because of a criminal conviction; and353
372-(E) The predetermination petition process, standards, and application, as well as the354
373-process for appealing an adverse predetermination pursuant to Chapter 13 of Title 50,355
374-the 'Georgia Administrative Procedure Act.'356
375-- 14 - 24 LC 36 5881S
376-(9) No later than March 31 each year, each occupational licensing board shall file with357
377-the Secretary of State an annual report containing information from the previous year as358
378-to:359
379-(A) The number of applicants for a license and, of that number, the number of licenses360
380-granted;361
381-(B) The number of applicants with a criminal record and, of that number, the number362
382-of licenses granted, denied a license for any reason, and denied due to a conviction or363
383-state supervision status;364
384-(C) The number of predetermination petitioners and, of that number, the number365
385-deemed eligible for a license and the number deemed ineligible for a license;366
386-(D) The racial and ethnic distribution of licensing applicants, including the racial and367
387-ethnic distribution of applicants with a criminal record; and368
388-(E) The racial and ethnic distribution of licensing applicants with a criminal record369
389-granted a license, denied a license for any reason, and denied a license due to a370
390-conviction or state supervision status."371
391-SECTION 1-5.372
392-Said title is further amended by revising Code Section 43-1-27, relating to requirement that373
393-licensee notify licensing authority of felony conviction, as follows:374
394-"43-1-27.375
395-Any licensed individual who is convicted under the laws of this state, the United States, or376
396-any other state, territory, or country of a felony as defined in paragraph (3) of subsection377
397-(a) of Code Section 43-1-19 43-1-1 shall be required to notify the appropriate licensing378
398-authority of the conviction within ten days of the conviction. The failure of a licensed379
399-individual to notify the appropriate licensing authority of a conviction shall be considered380
400-grounds for revocation of his or her license, permit, registration, certification, or other381
401-authorization to conduct a licensed profession."382
402-- 15 - 24 LC 36 5881S
403-SECTION 1-6.383
404-Said title is further amended by revising Code Section 43-15-19, relating to revocation,384
405-suspension, or denial of certificates, certificates of registration, or licenses, and reprimands,385
406-as follows: 386
407-"43-15-19.387
408-(a) The board shall have the power, after notice and hearing, to deny any application made388
409-to it, to revoke or suspend any certificate, certificate of registration, or license issued by it,389
410-or to reprimand any individual holding a certificate, certificate of registration, or license390
411-issued by it, upon the following grounds:391
412-(1) Commission of any fraud or deceit in obtaining a certificate, certificate of392
413-registration, or license;393
414-(2) Any gross negligence, incompetency, or unprofessional conduct in the practice of394
415-professional engineering or land surveying as a professional engineer or a professional395
416-land surveyor, respectively;396
417-(3) Affixing a seal to any plan, specification, plat, or report contrary to Code Section397
418-43-15-22;398
419-(4) Conviction of a felony or crime involving moral turpitude covered misdemeanor as399
420-defined in Code Section 43-1-1 in the courts of this state, the United States, or any state400
421-or territory of the United States or the conviction of an offense in another jurisdiction401
422-which, if committed in this state, would be deemed a felony. 'Conviction' shall include402
423-a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal403
424-proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not404
425-entered thereon pursuant to Article 3 of Chapter 8 of Title 42 or any comparable rule or405
426-statute; or406
427-(5) Any violation of this chapter or any rule or regulation promulgated by the board407
428-pursuant to the powers conferred on it by this chapter.408
429-- 16 - 24 LC 36 5881S
430-(b) 'Unprofessional conduct,' as referred to in paragraph (2) of subsection (a) of this Code409
431-section, includes a violation of those standards of professional conduct for professional410
432-engineers and professional land surveyors adopted by the board pursuant to the power411
433-conferred upon it to promulgate rules and regulations to effectuate the duties and powers412
434-conferred on it by this chapter."413
435-SECTION 1-7.414
436-Said title is further amended by adding two new Code sections to read as follows:415
437-"43-15-19.1.416
438-(a) Notwithstanding paragraph (4) of subsection (a) of Code Section 43-15-19, the board417
439-shall refuse to grant a license to an individual or shall revoke a license only if a conviction418
440-directly relates to the occupation for which the license is sought or held and granting the419
441-license would pose a direct and substantial risk to public safety because the individual has420
442-not been rehabilitated to safely perform the duties and responsibilities of the occupation for421
443-which the license is sought or held. In determining if a conviction directly relates to the422
444-occupation for which the license is sought or held, the board shall consider:423
445-(1) The nature and seriousness of the offense and the direct relationship of the criminal424
446-conduct to the duties and responsibilities of the occupation for which the license is sought425
447-or held;426
448-(2) The age of the individual at the time the offense was committed;427
449-(3) The length of time elapsed since the offense was committed;428
450-(4) All circumstances relative to the offense, including, but not limited to, mitigating429
451-circumstances or social conditions surrounding the commission of the offense; and430
452-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation431
453-for which the license is sought or held, including, but not limited to:432
454-(A) The completion of the criminal sentence;433
455-(B) A program and treatment certificate issued by the Board of Corrections;434
456-- 17 - 24 LC 36 5881S
457-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment435
458-program;436
459-(D) Testimonials and recommendations, which may include a progress report from the437
460-individual's probation or parole officer;438
461-(E) Education and training;439
462-(F) Employment history;440
463-(G) Employment aspirations;441
464-(H) The individual's current family or community responsibilities, or both;442
465-(I) Whether a bond is required to practice the occupation;443
466-(J) Any affidavits or other written documents, including, but not limited to, character444
467-references; and445
468-(K) Any other information regarding rehabilitation the individual submits to the board.446
469-(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or447
470-otherwise withhold a license, the board shall not consider nor require an individual to448
471-disclose:449
472-(1) A deferred adjudication, first offender treatment, diversion program, conditional450
473-discharge, or an arrest not followed by a conviction;451
474-(2) A conviction for which no sentence of incarceration can be imposed;452
475-(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or453
476-pardoned;454
477-(4) A juvenile adjudication;455
478-(5) A misdemeanor conviction older than five years, unless the offense of conviction is456
479-listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or457
480-(6) A conviction older than five years for which the individual was not incarcerated, or458
481-a conviction for which the individual's incarceration ended more than five years before459
482-the date of the board's consideration, except for a felony conviction related to:460
483-(A) A criminal sexual act;461
484-- 18 - 24 LC 36 5881S
485-(B) Criminal fraud or embezzlement;462
486-(C) Aggravated assault;463
487-(D) Aggravated robbery;464
488-(E) Aggravated abuse, neglect, or endangerment of a child;465
489-(F) Arson;466
490-(G) Carjacking;467
491-(H) Kidnapping; or468
492-(I) Manslaughter, homicide, or murder.469
493-42-15-19.2.470
494-(a) Notwithstanding any other provision of law, an individual with a criminal record may471
495-petition the board at any time, including while incarcerated and before starting or472
496-completing any required professional qualifications for licensure, for a predetermination473
497-as to whether the individual's criminal record will disqualify him or her from obtaining a474
498-license.475
499-(b) The petition for predetermination shall include the individual's criminal record or476
500-authorize the board to obtain the individual's criminal record. The petitioning individual477
501-need not disclose any offenses falling under subsection (b) of Code Section 43-15-19.1.478
502-The petition shall also include any information the petitioner chooses to submit concerning479
503-the circumstances of their record and their rehabilitation.480
504-(c) In considering predetermination petitions, the board shall apply the direct relationship481
505-standard in subsection (a) of Code Section 43-15-19.1. The board shall support any482
506-adverse predetermination by justifying that it is substantially more likely than not that a483
507-criminal record supports an adverse licensing decision.484
508-(d) A predetermination made under this subsection that a petitioner is eligible for a license485
509-shall be binding on the board only if the petitioner applies for licensure, fulfills all other486
510-- 19 - 24 LC 36 5881S
511-requirements for the licensure, and the petitioner's submitted criminal record was correct487
512-and remains unchanged at the time of his or her application for a license.488
513-(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from489
514-licensure, the board shall notify the petitioner of the potentially disqualifying convictions.490
515-The letter of concern shall advise the petitioner of their opportunity to submit additional491
516-evidence of rehabilitation and mitigation or for a hearing, or both.492
517-(f) The board may predetermine that the petitioner's criminal record is likely grounds for493
518-denial of a license only after the board has held a hearing on the petitioner's eligibility in494
519-accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The495
520-hearing shall be held in person, by remote video, or by teleconference within 60 days of496
521-receipt of the predetermination petition. The individual shall have the opportunity to497
522-include character witnesses at the hearing, including but not limited to family members,498
523-friends, past or prospective employers, probation or parole officers, and rehabilitation499
524-counselors, who may offer their verbal or written support. The board shall not make an500
525-adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The501
526-board shall issue a final decision within 60 days of complete submission of the issue for502
527-consideration or the hearing, whichever is later.503
528-(g) If the board decides that a predetermination petitioner is ineligible for a license, the504
529-board shall notify the petitioner of the following:505
530-(1) The grounds and rationale for the predetermination, including the specific506
531-convictions and the factors in subsection (a) of Code Section 43-15-19.1 the board507
532-deemed directly relevant;508
533-(2) An explanation of the process and right to appeal the board's predetermination509
534-decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and510
535-(3) Any actions the petitioner may take to remedy the disqualification. An individual511
536-who receives a predetermination of ineligibility may submit a revised petition reflecting512
537-completion of the remedial actions. The individual may submit a new petition to the513
538-- 20 - 24 LC 36 5881S
539-board not before one year following a final judgment on their initial petition or upon514
540-completing the remedial actions, whichever is earlier.515
541-(h) The denial of a predetermination petition because of the applicant's criminal record516
542-shall constitute a contested case as defined in Code Section 50-13-2. In an administrative517
543-hearing or civil action reviewing the denial of a predetermination petition, the board shall518
544-have the burden of proving that the applicant's criminal record directly relates to the519
545-licensed occupation."520
546-PART II521
547-SECTION 2-1.522
548-Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,523
549-is amended in Code Section 43-3-21, relating to revocation or refusal to grant or renew524
550-accountant's licenses, by revising paragraphs (3) and (4) of subsection (a) as follows:525
551-"(3) Had been convicted of any directly related felony or crime involving moral turpitude526
552-directly related covered misdemeanor as defined in Code Section 43-1-1 in the courts of527
553-this state, any other state, a territory, or a country or in the courts of the United States. 528
554-As used in this paragraph, the term:529
555-(A) 'Conviction' means and includes a finding or verdict of guilty or a plea of guilty,530
556-regardless of whether an appeal of the conviction has been sought;531
557-(B) 'Felony' means and includes any offense which, if committed in this state, would532
558-be deemed a felony, without regard to its designation elsewhere.533
559-(4)(A) Had been arrested, charged, and sentenced for the commission of any felony or534
560-crime involving moral turpitude covered misdemeanor as defined in Code Section535
561-43-1-1 when:536
562-(i) First offender treatment without adjudication of guilt pursuant to the charge was537
563-granted; or538
564-- 21 - 24 LC 36 5881S
565-(ii) An adjudication of guilt or sentence was otherwise withheld or not entered on the539
566-charge, except with respect to a plea of nolo contendere.540
567-(B) An order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42541
568-or other first offender treatment shall be conclusive evidence of arrest and sentencing542
569-for such crime.543
570-(C) As used in this paragraph, the term 'felony' shall include any offense which, if544
571-committed in this state, would be deemed a felony, without regard to its designation545
572-elsewhere;"546
573-SECTION 2-2.547
574-Said title is further amended by adding two new Code sections to read as follows:548
575-"43-3-21.1.549
576-(a) Notwithstanding paragraphs (3) and (4) of subsection (a) of Code Section 43-3-21, the550
577-board of accountancy shall refuse to grant a license to an individual or shall revoke a551
578-license only if a conviction directly relates to the occupation for which the license is sought552
579-or held and granting the license would pose a direct and substantial risk to public safety553
580-because the individual has not been rehabilitated to safely perform the duties and554
581-responsibilities of the practice of public accountancy. In determining if a conviction555
582-directly relates to the occupation for which the license is sought or held, the board of556
583-accountancy shall consider:557
584-(1) The nature and seriousness of the offense and the direct relationship of the criminal558
585-conduct to the duties and responsibilities of the occupation for which the license is sought559
586-or held;560
587-(2) The age of the individual at the time the offense was committed;561
588-(3) The length of time elapsed since the offense was committed;562
589-(4) All circumstances relative to the offense, including, but not limited to, mitigating563
590-circumstances or social conditions surrounding the commission of the offense; and564
591-- 22 - 24 LC 36 5881S
592-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation565
593-for which the license is sought or held, including, but not limited to:566
594-(A) The completion of the criminal sentence;567
595-(B) A program and treatment certificate issued by the Board of Corrections;568
596-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment569
597-program;570
598-(D) Testimonials and recommendations, which may include a progress report from the571
599-individual's probation or parole officer;572
600-(E) Education and training;573
601-(F) Employment history;574
602-(G) Employment aspirations;575
603-(H) The individual's current family or community responsibilities, or both;576
604-(I) Whether a bond is required to practice the occupation;577
605-(J) Any affidavits or other written documents, including, but not limited to, character578
606-references; and579
607-(K) Any other information regarding rehabilitation the individual submits to the board.580
608-(b) In determining whether to deny, diminish, limit, suspect, revoke, refuse to renew, or581
609-otherwise withhold a license due to criminal record, the accountancy board shall not582
610-consider nor require an individual to disclose:583
611-(1) A deferred adjudication, first offender treatment, participation in a diversion584
612-program, a conditional discharge, or an arrest not followed by a conviction;585
613-(2) A conviction for which no sentence of incarceration can be imposed;586
614-(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or587
615-pardoned;588
616-(4) A juvenile adjudication;589
617-(5) A misdemeanor conviction older than five years, unless the offense of conviction is590
618-listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or591
619-- 23 - 24 LC 36 5881S
620-(6) A conviction older than five years for which the individual was not incarcerated, or592
621-a conviction for which the individual's incarceration ended more than five years before593
622-the date of the board's consideration, except for a felony conviction related to:594
623-(A) A criminal sexual act;595
624-(B) Criminal fraud or embezzlement;596
625-(C) Aggravated assault;597
626-(D) Aggravated robbery;598
627-(E) Aggravated abuse, neglect, or endangerment of a child;599
628-(F) Arson;600
629-(G) Carjacking;601
630-(H) Kidnapping; or602
631-(I) Manslaughter, homicide, or murder.603
632-43-3-21.2.604
633-(a) Notwithstanding any other provision of law, an individual with a criminal record may605
634-petition the accountancy board at any time, including while incarcerated and before starting606
635-or completing any required professional qualifications for licensure, for a predetermination607
636-as to whether the individual's criminal record will disqualify him or her from obtaining a608
637-license.609
638-(b) The petition for predetermination shall include the individual's criminal record or610
639-authorize the board to obtain the individual's criminal record. The petitioning individual611
640-need not disclose any offenses falling under subsection (b) of Code Section 43-3-21.1. The612
641-petition shall also include any information the petitioner chooses to submit concerning the613
642-circumstances of their record and their rehabilitation.614
643-(c) In considering predetermination petitions, the board shall apply the direct relationship615
644-standard in subsection (a) of Code Section 43-3-21.1. The board shall support any adverse616
645-predetermination with clear and convincing evidence.617
646-- 24 - 24 LC 36 5881S
647-(d) A predetermination made under this subsection that a petitioner is eligible for a license618
648-shall be binding on the board only if the petitioner applies for licensure, fulfills all other619
649-requirements for the licensure, and the petitioner's submitted criminal record was correct620
650-and remains unchanged at the time of his or her application for a license.621
651-(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from622
652-licensure, the board shall notify the petitioner of the potentially disqualifying convictions. 623
653-The letter of concern shall advise the petitioner of their opportunity to submit additional624
654-evidence of rehabilitation and mitigation or for a hearing, or both.625
655-(f) The board may predetermine that the petitioner's criminal record is likely grounds for626
656-denial of a license only after the board has held a hearing on the petitioner's eligibility in627
657-accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The628
658-hearing shall be held in person, by remote video, or by teleconference within 60 days of629
659-receipt of the predetermination petition. The individual shall have the opportunity to630
660-include character witnesses at the hearing, including but not limited to family members,631
661-friends, past or prospective employers, probation or parole officers, and rehabilitation632
662-counselors, who may offer their verbal or written support. The board shall not make an633
663-adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The634
664-board shall issue a final decision within 60 days of complete submission of the issue for635
665-consideration or the hearing, whichever is later.636
666-(g) If the board decides that a predetermination petitioner is ineligible for a license, the637
667-board shall notify the petitioner of the following:638
668-(1) The grounds and rationale for the predetermination, including the specific639
669-convictions and the factors in subsection (a) of Code Section 43-3-21.1 the board deemed640
670-directly relevant;641
671-(2) An explanation of the process and right to appeal the board's predetermination642
672-decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and643
673-- 25 - 24 LC 36 5881S
674-(3) Any actions the petitioner may take to remedy the disqualification. An individual644
675-who receives a predetermination of ineligibility may submit a revised petition reflecting645
676-completion of the remedial actions. The individual may submit a new petition to the646
677-board not before one year following a final judgment on their initial petition or upon647
678-completing the remedial actions, whichever is earlier.648
679-(h) The denial of a predetermination petition because of the applicant's criminal record649
680-shall constitute a contested case as defined in Code Section 50-13-2. In an administrative650
681-hearing or civil action reviewing the denial of a predetermination petition, the board shall651
682-have the burden of proving that the applicant's criminal record directly relates to the652
683-licensed occupation."653
684-SECTION 2-3.654
685-Said title is further amended in Code Section 43-3-27, relating to notification by an655
686-individual issued a license or certification as an accountant of conviction, time limit, and656
687-suspension, by revising subsection (a) as follows:657
688-"(a) Any individual issued a license or certification under this chapter or providing services658
689-under substantial equivalency practice privileges and convicted under the laws of this state,659
690-the United States, any other state, or any other country of a felony as defined in paragraph660
691-(3) of subsection (a) of Code Section 43-1-19 43-1-1 shall be required to notify the board661
692-of such conviction within 30 days of such conviction. The failure of such individual to662
693-notify the board of a conviction shall be considered grounds for revocation of his or her663
694-license or other authorization issued pursuant to this chapter."664
695-SECTION 2-4.665
696-Said title is further amended in Code Section 43-9-12, relating to refusal, suspension, or666
697-revocation of chiropractor licenses, subpoenas, other discipline, judicial review,667
698-- 26 - 24 LC 36 5881S
699-reinstatement, voluntary surrender of license, injunctions, and statement of complaint, by668
700-revising paragraphs (3) and (4) of subsection (a) as follows:669
701-"(3) Been convicted of any felony or covered misdemeanors of any crime involving670
702-moral turpitude in the courts of this state or any other state, territory, or country or in the671
703-courts of the United States; as used in this paragraph and paragraph (4) of this subsection,672
704-the term 'felony' shall include any offense which, if committed in this state, would be673
705-deemed a felony, without regard to its designation elsewhere; and, as used in this674
706-paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of675
707-guilty, regardless of whether an appeal of the conviction has been sought. Any such676
708-record shall be considered in the manner prescribed by subsection (q) of Code Section677
709-43-1-19;678
710-(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime679
711-involving moral turpitude, covered misdemeanor where such record is considered in the680
712-manner prescribed by subsection (q) of Code Section 43-1-19 and:681
713-(A) A a plea of nolo contendere was entered to the charge;682
714-(B) First offender treatment without adjudication of guilt pursuant to the charge was683
715-granted; or684
716-(C) An adjudication or sentence was otherwise withheld or not entered on the charge.685
717-The plea of nolo contendere or the order entered pursuant to the provisions of Article 3686
718-of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender687
719-treatment shall be conclusive evidence of arrest and sentencing for such crime;"688
720-SECTION 2-5.689
721-Said title is further amended in Code Section 43-10-20, relating to the teaching of barbering690
722-or the practice of a cosmetologist in prisons and certification of registration, by revising691
723-subsection (b) as follows:692
724-- 27 - 24 LC 36 5881S
725-"(b) The board shall be required to test an inmate who is an applicant for a certificate or693
726-registration under this chapter who has completed successfully a barber or cosmetologist694
727-training program operated by the Department of Corrections and who meets the695
728-requirements stated in Code Section 43-10-9. If such inmate passes the applicable written696
729-and practical examinations, the board may issue the appropriate certificate of registration697
730-to such inmate after consideration of all requirements under Code Sections 43-10-9 and698
731-43-1-19; provided, however, that the board shall not apply the provisions of paragraph (4)699
732-(3) of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such700
733-person's status as an inmate and shall apply such provisions in the same manner as would701
734-otherwise be applicable to an applicant who is not an inmate."702
735-SECTION 2-6.703
736-Said title is further amended in Code Section 43-11-47, relating to refusal to grant, or704
737-revocation of licenses by the Board of Dentistry, disciplining licensees, subpoenas, judicial705
738-review, investigations, immunity, failure to appear, and voluntary surrender, by revising706
739-paragraphs (3) and (4) of subsection (a) as follows:707
740-"(3) Been convicted of any felony or of any crime involving moral turpitude covered708
741-misdemeanor as defined in Code Section 43-1-1 in the courts of this state or any other709
742-state, territory, or country or in the courts of the United States; as used in this subsection,710
743-the term 'felony' shall include any offense which, if committed in this state, would be711
744-deemed a felony without regard to its designation elsewhere; and, as used in this712
745-subsection, the term 'conviction' shall include a finding or verdict of guilty or a plea of713
746-guilty, regardless of whether an appeal of the conviction has been sought. Any licensee714
747-who is convicted under the laws of this state, the United States, or any other state,715
748-territory, or country of a felony shall be required to notify the board of conviction within716
749-ten days of the conviction. The failure to notify the board of a conviction shall be717
750-considered grounds for revocation of his or her license;718
751-- 28 - 24 LC 36 5881S
752-(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime719
753-involving moral turpitude covered misdemeanor, where:720
754-(A) A a plea of nolo contendere was entered to the charge;.721
755-(B) First offender treatment without adjudication of guilt pursuant to the charge was722
756-granted; or723
757-(C) An adjudication or sentence was otherwise withheld or not entered on the charge.724
758-The plea of nolo contendere or the order entered pursuant to the provisions of Article 3725
759-of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of726
760-arrest and sentencing for such crime;"727
761-SECTION 2-7.728
762-Said title is further amended in Code Section 43-11-47, relating to refusal to grant, or729
763-revocation of, licenses by the Board of Dentistry, disciplining licensees, subpoenas, judicial730
764-review, investigations, immunity, failure to appear, and voluntary surrender, by adding two731
765-new subsections to read as follows:732
766-"(a.1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section, the733
767-board of dentistry shall refuse to grant a license to an individual or shall revoke a license734
768-only if a conviction directly relates to the occupation for which the license is sought or held735
769-and granting the license would pose a direct and substantial risk to public safety because736
770-the individual has not been rehabilitated to safely perform the duties and responsibilities737
771-of the practice of dentistry. In determining if a conviction directly relates to the occupation738
772-for which the license is sought or held, the board of dentistry shall consider:739
773-(1) The nature and seriousness of the offense and the direct relationship of the criminal740
774-conduct to the duties and responsibilities of the occupation for which the license is sought741
775-or held;742
776-(2) The age of the individual at the time the offense was committed;743
777-(3) The length of time elapsed since the offense was committed;744
778-- 29 - 24 LC 36 5881S
779-(4) All circumstances relative to the offense, including, but not limited to, mitigating745
780-circumstances or social conditions surrounding the commission of the offense; and746
781-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation747
782-for which the license is sought or held, including, but not limited to:748
783-(A) The completion of the criminal sentence;749
784-(B) A program and treatment certificate issued by the Board of Corrections;750
785-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment751
786-program;752
787-(D) Testimonials and recommendations, which may include a progress report from the753
788-individual's probation or parole officer;754
789-(E) Education and training;755
790-(F) Employment history;756
791-(G) Employment aspirations;757
792-(H) The individual's current family or community responsibilities, or both;758
793-(I) Whether a bond is required to practice the occupation;759
794-(J) Any affidavits or other written documents, including, but not limited to, character760
795-references; and761
796-(K) Any other information regarding rehabilitation the individual submits to the board.762
797-(6) In determining whether to terminate and revoke a license, the board shall not consider763
798-nor require an individual to disclose:764
799-(A) A deferred adjudication, a first offender adjudication, participation in a diversion765
800-program, a conditional discharge, or an arrest not followed by a conviction;766
801-(B) A conviction for which no sentence of incarceration can be imposed;767
802-(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or768
803-pardoned;769
804-(D) A juvenile adjudication;770
805-- 30 - 24 LC 36 5881S
806-(E) A misdemeanor conviction older than five years, unless the offense of conviction771
807-is listed in Code section 35-3-37(j)(4); or772
808-(F) A conviction older than five years for which the individual was not incarcerated,773
809-or a conviction for which the individual's incarceration ended more than five years774
810-before the date of the board's consideration, except for a felony conviction related to:775
811-(i) A criminal sexual act;776
812-(ii) Criminal fraud or embezzlement;777
813-(iii) Aggravated assault;778
814-(iv) Aggravated robbery;779
815-(v) Aggravated abuse, neglect, or endangerment of a child;780
816-(vi) Arson;781
817-(vii) Carjacking;782
818-(viii) Kidnapping; or783
819-(ix) Manslaughter, homicide, or murder.784
820-(a.2)(1) Notwithstanding any other provision of law, an individual with a criminal record785
821-may petition the board of dentistry at any time, including while incarcerated and before786
822-starting or completing any required professional qualifications for licensure, for a787
823-predetermination as to whether the individual's criminal record will disqualify him or her788
824-from obtaining a license.789
825-(2) The petition for predetermination shall include the individual's criminal record or790
826-authorize the board to obtain the individual's criminal record. The petitioning individual791
827-need not disclose any offenses falling under paragraph (6) subsection (a.1) of this Code792
828-section. The petition shall also include any information the petitioner chooses to submit793
829-concerning the circumstances of their record and their rehabilitation.794
830-(3) In considering predetermination petitions, the board shall apply the direct relationship795
831-standard in subsection (a.1) of this Code section and shall not consider any offenses796
832-- 31 - 24 LC 36 5881S
833-falling under paragraph (6) of subsection (a.1) of this Code section. The board shall797
834-support any adverse predetermination with clear and convincing evidence.798
835-(4) A predetermination made under this subsection that a petitioner is eligible for a799
836-license shall be binding on the board only if the petitioner applies for licensure, fulfills800
837-all other requirements for the occupational licensure, and the petitioner's submitted801
838-criminal record was correct and remains unchanged at the time of his or her application802
839-for a license.803
840-(5) If a petitioner's criminal record includes matters that may disqualify the petitioner804
841-from licensure, the board shall notify the petitioner of the potentially disqualifying805
842-convictions. The letter of concern shall advise the petitioner of their opportunity to806
843-submit additional evidence of rehabilitation and mitigation or for a hearing, or both.807
844-(6) The board may predetermine that the petitioner's criminal record is likely grounds for808
845-denial of a license only after the board has held a hearing on the petitioner's eligibility in809
846-accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The810
847-hearing shall be held in person, by remote video, or by teleconference within 60 days of811
848-receipt of the predetermination petition. The individual shall have the opportunity to812
849-include character witnesses at the hearing, including but not limited to family members,813
850-friends, past or prospective employers, probation or parole officers, and rehabilitation814
851-counselors, who may offer their verbal or written support. The professional licensing815
852-board shall not make an adverse inference by a petitioner's decision to forgo a hearing or816
853-character witnesses. The board shall issue a final decision within 60 days of complete817
854-submission of the issue for consideration or the hearing, whichever is later.818
855-(7) If the professional licensing board decides that a predetermination petitioner is819
856-ineligible for a license, the board shall notify the petitioner of the following:820
857-(A) The grounds and rationale for the predetermination, including the specific821
858-convictions and the factors in subsection (a.1) of this Code section the board deemed822
859-directly relevant;823
860-- 32 - 24 LC 36 5881S
861-(B) An explanation of the process and right to appeal the board's predetermination824
862-decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and825
863-(C) Any actions the petitioner may take to remedy the disqualification. An individual826
864-who receives a predetermination of ineligibility may submit a revised petition reflecting827
865-completion of the remedial actions. The individual may submit a new petition to the828
866-board not before one year following a final judgment on their initial petition or upon829
867-completing the remedial actions, whichever is earlier.830
868-(8) The denial of a predetermination petition because of the applicant's criminal record831
869-shall constitute a contested case as defined in Code Section 50-13-2. In an administrative832
870-hearing or civil action reviewing the denial of a predetermination petition, the board shall833
871-have the burden of proving that the applicant's criminal record directly relates to the834
872-licensed occupation."835
873-SECTION 2-8.836
874-Said title is further amended in Code Section 43-11-71, relating to qualifications of837
875-applicants for license and criminal background check, by revising subsection (a) and by838
876-adding two new subsections to read as follows:839
877-"(a) No person shall be entitled to or be issued such license as set out in Code Section840
878-43-11-70 unless such person is at least 18 years of age, of good moral character, and a841
879-graduate of a dental hygiene program recognized by the board and accredited by the842
880-Commission on Dental Accreditation of the American Dental Association (ADA) or its843
881-successor agency which is operated by a school or college accredited by an institutional844
882-accrediting agency recognized by the United States Department of Education whose845
883-curriculum is at least two academic years of courses at the appropriate level and at the846
884-completion of which an associate or baccalaureate degree is awarded.847
885-(b) Application for a license under Code Section 43-11-70 shall constitute consent for848
886-performance of a criminal background check. Each applicant who submits an application849
887-- 33 - 24 LC 36 5881S
888-to the board for licensure agrees to provide the board with any and all information850
889-necessary to run a criminal background check, including but not limited to classifiable sets851
890-of fingerprints. The applicant shall be responsible for all fees associated with the852
891-performance of a background check.853
892-(c) Notwithstanding subsections (a) and (b) of this Code section, the board of dentistry854
893-shall refuse to grant a license to an individual or shall revoke a license only if a conviction855
894-directly relates to the occupation for which the license is sought or held and granting the856
895-license would pose a direct and substantial risk to public safety because the individual has857
896-not been rehabilitated to safely perform the duties and responsibilities of the practice of a858
897-dental hygienist. In determining if a conviction directly relates to the occupation for which859
898-the license is sought or held, the board of dentistry shall consider:860
899-(1) The nature and seriousness of the offense and the direct relationship of the criminal861
900-conduct to the duties and responsibilities of the occupation for which the license is sought862
901-or held;863
902-(2) The age of the individual at the time the offense was committed;864
903-(3) The length of time elapsed since the offense was committed;865
904-(4) All circumstances relative to the offense, including, but not limited to, mitigating866
905-circumstances or social conditions surrounding the commission of the offense; and867
906-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation868
907-for which the license is sought or held, including, but not limited to:869
908-(A) The completion of the criminal sentence;870
909-(B) A program and treatment certificate issued by the Board of Corrections;871
910-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment872
911-program;873
912-(D) Testimonials and recommendations, which may include a progress report from the874
913-individual's probation or parole officer;875
914-(E) Education and training;876
915-- 34 - 24 LC 36 5881S
916-(F) Employment history;877
917-(G) Employment aspirations;878
918-(H) The individual's current family or community responsibilities, or both;879
919-(I) Whether a bond is required to practice the occupation;880
920-(J) Any affidavits or other written documents, including, but not limited to, character881
921-references; and882
922-(K) Any other information regarding rehabilitation the individual submits to the board.883
923-(6) In determining whether to terminate and revoke a license, the board shall not consider884
924-nor require an individual to disclose:885
925-(A) A deferred adjudication, first offender treatment, participation in a diversion886
926-program, a conditional discharge, or an arrest not followed by a conviction;887
927-(B) A conviction for which no sentence of incarceration can be imposed;888
928-(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or889
929-pardoned;890
930-(D) A juvenile adjudication;891
931-(E) A misdemeanor conviction older than five years, unless the offense of conviction892
932-is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or893
933-(F) A conviction older than five years for which the individual was not incarcerated,894
934-or a conviction for which the individual's incarceration ended more than five years895
935-before the date of the board's consideration, except for a felony conviction related to:896
936-(i) A criminal sexual act;897
937-(ii) Criminal fraud or embezzlement;898
938-(iii) Aggravated assault;899
939-(iv) Aggravated robbery;900
940-(v) Aggravated abuse, neglect, or endangerment of a child;901
941-(vi) Arson;902
942-(vii) Carjacking;903
943-- 35 - 24 LC 36 5881S
944-(viii) Kidnapping; or904
945-(ix) Manslaughter, homicide, or murder.905
946-(d)(1) Notwithstanding any other provision of law, an individual with a criminal record906
947-may petition the board of dentistry at any time, including while incarcerated and before907
948-starting or completing any required professional qualifications for licensure, for a908
949-predetermination as to whether the individual's criminal record will disqualify him or her909
950-from obtaining a license.910
951-(2) The petition for predetermination shall include the individual's criminal record or911
952-authorize the board to obtain the individual's criminal record. The petitioning individual912
953-need not disclose any offenses falling under subparagraph (c)(6)(F) of this Code section. 913
954-The petition shall also include any information the petitioner chooses to submit914
955-concerning the circumstances of their record and their rehabilitation.915
956-(3) In considering predetermination petitions, the professional licensing board shall apply916
957-the direct relationship standard in subsection (c) of this Code section and shall not917
958-consider any offenses falling under subparagraph (c)(6)(F) of this Code section. The918
959-board shall support any adverse predetermination with clear and convincing evidence.919
960-(4) A predetermination made under this subsection that a petitioner is eligible for a920
961-license shall be binding on the professional licensing board only if the petitioner applies921
962-for licensure, fulfills all other requirements for the occupational licensure, and the922
963-petitioner's submitted criminal record was correct and remains unchanged at the time of923
964-his or her application for a license.924
965-(5) If a petitioner's criminal record includes matters that may disqualify the petitioner925
966-from licensure, the board shall notify the petitioner of the potentially disqualifying926
967-convictions. The letter of concern shall advise the petitioner of their opportunity to927
968-submit additional evidence of rehabilitation and mitigation or for a hearing, or both.928
969-(6) The board may predetermine that the petitioner's criminal record is likely grounds for929
970-denial of a license only after the board has held a hearing on the petitioner's eligibility in930
971-- 36 - 24 LC 36 5881S
972-accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The931
973-hearing shall be held in person, by remote video, or by teleconference within 60 days of932
974-receipt of the predetermination petition. The individual shall have the opportunity to933
975-include character witnesses at the hearing, including but not limited to family members,934
976-friends, past or prospective employers, probation or parole officers, and rehabilitation935
977-counselors, who may offer their verbal or written support. The professional licensing936
978-board shall not make an adverse inference by a petitioner's decision to forgo a hearing or937
979-character witnesses. The board shall issue a final decision within 60 days of complete938
980-submission of the issue for consideration or the hearing, whichever is later.939
981-(7) If the board decides that a predetermination petitioner is ineligible for a license, the940
982-board shall notify the petitioner of the following:941
983-(A) The grounds and rationale for the predetermination, including the specific942
984-convictions and the factors in subsection (c) of this Code section the board deemed943
985-directly relevant;944
986-(B) An explanation of the process and right to appeal the board's predetermination945
987-decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and946
988-(C) Any actions the petitioner may take to remedy the disqualification. An individual947
989-who receives a predetermination of ineligibility may submit a revised petition reflecting948
990-completion of the remedial actions. The individual may submit a new petition to the949
991-board not before one year following a final judgment on their initial petition or upon950
992-completing the remedial actions, whichever is earlier.951
993-(8) The denial of a predetermination petition because of the applicant's criminal record952
994-shall constitute a contested case as defined in Code Section 50-13-2. In an administrative953
995-hearing or civil action reviewing the denial of a predetermination petition, the board shall954
996-have the burden of proving that the applicant's criminal record directly relates to the955
997-licensed occupation."956
998-- 37 - 24 LC 36 5881S
999-SECTION 2-9.957
1000-Said title is further amended by revising Code Section 43-15-19, relating to revocation,958
1001-suspension, or denial of certificates, certificates of registration, or licenses, and reprimands,959
1002-as follows: 960
1003-"43-15-19.961
1004-(a) The board shall have the power, after notice and hearing, to deny any application made962
1005-to it, to revoke or suspend any certificate, certificate of registration, or license issued by it,963
1006-or to reprimand any individual holding a certificate, certificate of registration, or license964
1007-issued by it, upon the following grounds:965
1008-(1) Commission of any fraud or deceit in obtaining a certificate, certificate of966
1009-registration, or license;967
1010-(2) Any gross negligence, incompetency, or unprofessional conduct in the practice of968
1011-professional engineering or land surveying as a professional engineer or a professional969
1012-land surveyor, respectively;970
1013-(3) Affixing a seal to any plan, specification, plat, or report contrary to Code Section971
1014-43-15-22;972
1015-(4) Conviction of a felony or crime involving moral turpitude covered misdemeanor as973
1016-defined in Code Section 43-1-1 in the courts of this state, the United States, or any state974
1017-or territory of the United States or the conviction of an offense in another jurisdiction975
1018-which, if committed in this state, would be deemed a felony. 'Conviction' shall include976
1019-a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal977
1020-proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not978
1021-entered thereon pursuant to Article 3 of Chapter 8 of Title 42 or any comparable rule or979
1022-statute; or980
1023-(5) Any violation of this chapter or any rule or regulation promulgated by the board981
1024-pursuant to the powers conferred on it by this chapter.982
1025-- 38 - 24 LC 36 5881S
1026-(b) 'Unprofessional conduct,' as referred to in paragraph (2) of subsection (a) of this Code983
1027-section, includes a violation of those standards of professional conduct for professional984
1028-engineers and professional land surveyors adopted by the board pursuant to the power985
1029-conferred upon it to promulgate rules and regulations to effectuate the duties and powers986
1030-conferred on it by this chapter."987
1031-SECTION 2-10.988
1032-Said title is further amended by adding two new Code sections to read as follows:989
1033-"43-15-19.1.990
1034-(a) Notwithstanding paragraph (4) of subsection (a) of Code Section 43-15-19, the board991
1035-shall refuse to grant a license to an individual or shall revoke a license only if a conviction992
1036-directly relates to the occupation for which the license is sought or held and granting the993
1037-license would pose a direct and substantial risk to public safety because the individual has994
1038-not been rehabilitated to safely perform the duties and responsibilities of the occupation for995
1039-which the license is sought or held. In determining if a conviction directly relates to the996
1040-occupation for which the license is sought or held, the board shall consider:997
1041-(1) The nature and seriousness of the offense and the direct relationship of the criminal998
1042-conduct to the duties and responsibilities of the occupation for which the license is sought999
1043-or held;1000
1044-(2) The age of the individual at the time the offense was committed;1001
1045-(3) The length of time elapsed since the offense was committed;1002
1046-(4) All circumstances relative to the offense, including, but not limited to, mitigating1003
1047-circumstances or social conditions surrounding the commission of the offense; and1004
1048-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1005
1049-for which the license is sought or held, including, but not limited to:1006
1050-(A) The completion of the criminal sentence;1007
1051-(B) A program and treatment certificate issued by the Board of Corrections;1008
1052-- 39 - 24 LC 36 5881S
1053-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1009
1054-program;1010
1055-(D) Testimonials and recommendations, which may include a progress report from the1011
1056-individual's probation or parole officer;1012
1057-(E) Education and training;1013
1058-(F) Employment history;1014
1059-(G) Employment aspirations;1015
1060-(H) The individual's current family or community responsibilities, or both;1016
1061-(I) Whether a bond is required to practice the occupation;1017
1062-(J) Any affidavits or other written documents, including, but not limited to, character1018
1063-references; and1019
1064-(K) Any other information regarding rehabilitation the individual submits to the board.1020
1065-(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or1021
1066-otherwise withhold a license, the board shall not consider nor require an individual to1022
1067-disclose:1023
1068-(1) A deferred adjudication, first offender treatment, diversion program, conditional1024
1069-discharge, or an arrest not followed by a conviction;1025
1070-(2) A conviction for which no sentence of incarceration can be imposed;1026
1071-(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1027
1072-pardoned;1028
1073-(4) A juvenile adjudication;1029
1074-(5) A misdemeanor conviction older than five years, unless the offense of conviction is1030
1075-listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1031
1076-(6) A conviction older than five years for which the individual was not incarcerated, or1032
1077-a conviction for which the individual's incarceration ended more than five years before1033
1078-the date of the board's consideration, except for a felony conviction related to:1034
1079-(A) A criminal sexual act;1035
1080-- 40 - 24 LC 36 5881S
1081-(B) Criminal fraud or embezzlement;1036
1082-(C) Aggravated assault;1037
1083-(D) Aggravated robbery;1038
1084-(E) Aggravated abuse, neglect, or endangerment of a child;1039
1085-(F) Arson;1040
1086-(G) Carjacking;1041
1087-(H) Kidnapping; or1042
1088-(I) Manslaughter, homicide, or murder.1043
1089-42-15-19.2.1044
1090-(a) Notwithstanding any other provision of law, an individual with a criminal record may1045
1091-petition the board at any time, including while incarcerated and before starting or1046
1092-completing any required professional qualifications for licensure, for a predetermination1047
1093-as to whether the individual's criminal record will disqualify him or her from obtaining a1048
1094-license.1049
1095-(b) The petition for predetermination shall include the individual's criminal record or1050
1096-authorize the board to obtain the individual's criminal record. The petitioning individual1051
1097-need not disclose any offenses falling under subsection (b) of Code Section 43-15-19.1.1052
1098-The petition shall also include any information the petitioner chooses to submit concerning1053
1099-the circumstances of their record and their rehabilitation.1054
1100-(c) In considering predetermination petitions, the board shall apply the direct relationship1055
1101-standard in subsection (a) of Code Section 43-15-19.1. The board shall support any1056
1102-adverse predetermination by justifying that it is substantially more likely than not that a1057
1103-criminal record supports an adverse licensing decision.1058
1104-(d) A predetermination made under this subsection that a petitioner is eligible for a license1059
1105-shall be binding on the board only if the petitioner applies for licensure, fulfills all other1060
1106-- 41 - 24 LC 36 5881S
1107-requirements for the licensure, and the petitioner's submitted criminal record was correct1061
1108-and remains unchanged at the time of his or her application for a license.1062
1109-(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from1063
1110-licensure, the board shall notify the petitioner of the potentially disqualifying convictions.1064
1111-The letter of concern shall advise the petitioner of their opportunity to submit additional1065
1112-evidence of rehabilitation and mitigation or for a hearing, or both.1066
1113-(f) The board may predetermine that the petitioner's criminal record is likely grounds for1067
1114-denial of a license only after the board has held a hearing on the petitioner's eligibility in1068
1115-accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The1069
1116-hearing shall be held in person, by remote video, or by teleconference within 60 days of1070
1117-receipt of the predetermination petition. The individual shall have the opportunity to1071
1118-include character witnesses at the hearing, including but not limited to family members,1072
1119-friends, past or prospective employers, probation or parole officers, and rehabilitation1073
1120-counselors, who may offer their verbal or written support. The board shall not make an1074
1121-adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The1075
1122-board shall issue a final decision within 60 days of complete submission of the issue for1076
1123-consideration or the hearing, whichever is later.1077
1124-(g) If the board decides that a predetermination petitioner is ineligible for a license, the1078
1125-board shall notify the petitioner of the following:1079
1126-(1) The grounds and rationale for the predetermination, including the specific1080
1127-convictions and the factors in subsection (a) of Code Section 43-15-19.1 the board1081
1128-deemed directly relevant;1082
1129-(2) An explanation of the process and right to appeal the board's predetermination1083
1130-decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and1084
1131-(3) Any actions the petitioner may take to remedy the disqualification. An individual1085
1132-who receives a predetermination of ineligibility may submit a revised petition reflecting1086
1133-completion of the remedial actions. The individual may submit a new petition to the1087
1134-- 42 - 24 LC 36 5881S
1135-board not before one year following a final judgment on their initial petition or upon1088
1136-completing the remedial actions, whichever is earlier.1089
1137-(h) The denial of a predetermination petition because of the applicant's criminal record1090
1138-shall constitute a contested case as defined in Code Section 50-13-2. In an administrative1091
1139-hearing or civil action reviewing the denial of a predetermination petition, the board shall1092
1140-have the burden of proving that the applicant's criminal record directly relates to the1093
1141-licensed occupation."1094
1142-SECTION 2-11.1095
1143-Said title is further amended by revising Code Section 43-18-46, relating to grounds for1096
1144-denial or revocation of license or registration and other discipline for funeral directors and1097
1145-embalmers, as follows:1098
1146-"43-18-46.1099
1147-In addition to the authority and provided in Code Section 43-1-19, the board may refuse1100
1148-to grant a license to operate a funeral establishment or to practice embalming or funeral1101
1149-directing, may refuse to grant a registration to serve as an apprentice, or may revoke,1102
1150-suspend, fine, or otherwise discipline a licensee or registrant upon any of the following1103
1151-grounds:1104
1152-(1) The employment of fraud or deception in applying for a license or registration or in1105
1153-passing the examination provided for in this article;1106
1154-(2) Issuance of a license or registration through error;1107
1155-(3) Conviction of a crime involving moral turpitude;1108
1156-(4)(3) The practice of embalming or funeral directing under a false name or the1109
1157-impersonation of another embalmer, funeral director, or apprentice of a like or different1110
1158-name;1111
1159-(5)(4) The making of a false statement or representation regarding the qualifications,1112
1160-training, or experience of any applicant;1113
1161-- 43 - 24 LC 36 5881S
1162-(6)(5) The making of a misrepresentation of any kind regarding any funeral merchandise;1114
1163-(7)(6) Directly or indirectly, by gifts or otherwise, committing the offense of buying1115
1164-business or paying a commission or making gifts, directly or indirectly, for the purpose1116
1165-of securing business to any physician or hospital, or to any institution where death occurs,1117
1166-or to any hospital superintendent, nurse, intern, or employee of any hospital, nursing1118
1167-home, or other institution where death occurs; or to any coroner or other government1119
1168-official;1120
1169-(8)(7) Gross or willful malpractice or gross neglect in the practice of embalming, funeral1121
1170-directing, or cremating;1122
1171-(9)(8) Signing a death certificate as having embalmed or prepared a body for burial or1123
1172-preservation when in fact someone else performed such embalming or preparation;1124
1173-(10)(9) Interfering, either directly or indirectly, with a licensed embalmer or funeral1125
1174-director having legal charge of a dead human body;1126
1175-(11)(10) Using any statements that mislead or deceive the public including, but not1127
1176-limited to, false or misleading statements regarding a legal or cemetery requirement,1128
1177-funeral merchandise, funeral services, or in the operation of a funeral establishment;1129
1178-(12)(11) Failing to fulfill the terms of a funeral service contract;1130
1179-(13)(12) Disregarding a decedent's dignity, right to privacy, or right to confidentiality1131
1180-unless compelled by law to do otherwise;1132
1181-(14)(13) Using profane, indecent, or obscene language in the presence of a dead human1133
1182-body, or within the immediate hearing of the family or relatives of a deceased, whose1134
1183-body has not yet been interred or otherwise disposed;1135
1184-(15)(14) Failing to turn assigned benefits in excess of charges incurred over to the1136
1185-assignee of the deceased within ten working days of receipt of the assigned funds;1137
1186-(16)(15) Refusing to surrender promptly the custody of a dead human body upon the1138
1187-express order of the person lawfully entitled to the custody;1139
1188-- 44 - 24 LC 36 5881S
1189-(17)(16) Failing to have the charges rendered to be in compliance with those listed in the1140
1190-funeral establishment general price list, the casket price list, the outer burial container list,1141
1191-or the funeral service contract price list;1142
1192-(18)(17) Aiding or abetting an unlicensed person to practice under this article;1143
1193-(19)(18) Promoting or participating in a burial society, burial association, burial1144
1194-certificate plan, or burial membership plan;1145
1195-(20)(19) Soliciting, as defined in paragraph (21) of Code Section 43-18-1;1146
1196-(21)(20) Presenting a false certification of work done by an apprentice or as an1147
1197-apprentice;1148
1198-(22)(21) Willfully violating any state law or regulation; Federal Trade Commission law1149
1199-or regulation; Occupational Safety and Health Administration law or regulation;1150
1200-Department of Public Health law or regulation; Environmental Protection Agency law1151
1201-or regulation; or municipal or county ordinance or regulation that affects the handling,1152
1202-custody, care, or transportation of dead human bodies, including, but not limited to, the1153
1203-disposal of equipment, residual fluids, or medical wastes;1154
1204-(23)(22) Knowingly making any misleading, deceptive, untrue, or fraudulent1155
1205-representation in the practice of funeral directing or embalming or in any document1156
1206-connected therewith;1157
1207-(24)(23) Discriminating in the provision of services because of race, creed, color,1158
1208-religion, gender, or national origin;1159
1209-(25)(24) Failing to safeguard all personal properties that were obtained from dead human1160
1210-remains and failing to dispose of same as directed by a legally authorized person;1161
1211-(26)(25) Failing to refund moneys due as a result of overpayment by an insurance1162
1212-company or other third party;1163
1213-(27)(26) Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious1164
1214-conduct or practice harmful to the public, which conduct or practice that materially1165
1215-affects the fitness of the licensee or registrant to practice in the funeral business, or is of1166
1216-- 45 - 24 LC 36 5881S
1217-a nature likely to jeopardize the interest of the general public, which conduct or practice1167
1218-and that need not have resulted in actual injury to any person or be directly related to the1168
1219-practice of funeral directing or embalming but shows that the person has committed any1169
1220-act or omission which is indicative of bad moral character or untrustworthiness;1170
1221-unprofessional untrustworthiness. Unprofessional conduct shall also include any1171
1222-departure from or failure to conform to the minimal reasonable standards of acceptable1172
1223-and prevailing practice of funeral services;1173
1224-(28)(27) Engaging in any practice whereby a person who is both a funeral director and1174
1225-a coroner or who is both a funeral director and a minister presents that person as a funeral1175
1226-director to a legally authorized person when death is imminent or after death occurs prior1176
1227-to when the legally authorized person selects a funeral director or funeral establishment1177
1228-which will handle the dead human body;1178
1229-(29)(28) Practicing embalming or funeral directing or operating a funeral establishment1179
1230-or crematory prior to the board's having approved an application for licensure; or1180
1231-(30)(29) Failing to satisfy the funeral director in full and continuous charge requirements1181
1232-as set out in Code Section 43-18-71 or funeral establishment requirements as set out in1182
1233-Code Section 43-18-70."1183
1234-SECTION 2-12.1184
1235-Said title is further amended in Code Section 43-24A-9, relating to provisional permits for1185
1236-massage therapists, by revising subsection (a) as follows:1186
1237-"(a) A provisional permit to practice as a provisionally permitted massage therapist shall,1187
1238-upon proper application, be issued for a six-month period to an applicant who meets the1188
1239-following criteria:1189
1240-(1) Holds and maintains a valid license as a massage therapist in another state;1190
1241-(2) Is not a resident of this state as confirmed in a secure and verifiable document, as1191
1242-defined in Code Section 50-36-2;1192
1243-- 46 - 24 LC 36 5881S
1244-(3) Has not had a license or permit to practice as a massage therapist voided, revoked,1193
1245-suspended, denied, or annulled by this state or another state, territory, or jurisdiction; and1194
1246-(4) Has not been convicted of a directly related felony in the courts of this state, any1195
1247-other state, territory, or country, or in the courts of the United States, including, but not1196
1248-limited to, a plea of nolo contendere entered to such charge or the affording of first1197
1249-offender treatment to any such charge in the same manner as provided in paragraph (4)1198
1250-of subsection (a) of subsection (q) of Code Section 43-1-19. For purposes of this1199
1251-paragraph, the term 'felony' shall have the same meaning a provided in Code Section1200
1252-43-1-1."1201
1253-SECTION 2-13.1202
1254-Said title is further amended in Code Section 43-26-11, relating to denial or revocation of1203
1255-licenses and other discipline under the "Georgia Registered Professional Nurse Practice Act,"1204
1256-by revising paragraph (1) as follows:1205
1257-"(1) Been convicted of any directly related felony, crime involving moral turpitude, or1206
1258-directly related crime violating a federal or state law relating to controlled substances or1207
1259-dangerous drugs in the courts of this state, any other state, territory, or country, or in the1208
1260-courts of the United States, including but not limited to a plea of nolo contendere entered1209
1261-to the charge,; provided, however, that such conviction shall be evaluated as provided by1210
1262-subsection (q) of Code Section 43-1-19; or"1211
1263-SECTION 2-14.1212
1264-Said title is further amended by revising Code Section 43-26-40, relating to refusal to grant1213
1265-license and revocation of registered practical nurses licenses and disciplining of licensees,1214
1266-as follows:1215
1267-- 47 - 24 LC 36 5881S
1268-"43-26-40.1216
1269-(a) In addition to the authority granted in Code Section 43-1-19, the board shall have the1217
1270-authority to refuse to grant a license to an applicant, to revoke the license of a licensee, or1218
1271-to discipline a licensee upon a finding by the board that the applicant or licensee has:1219
1272-(1) Been convicted of a directly related felony, a crime involving moral turpitude, or any1220
1273-directly related crime violating a federal or state law relating to controlled substances or1221
1274-dangerous drugs or marijuana in the courts of this state, any other state, territory, or1222
1275-country, or in the courts of the United States, including, but not limited to, a plea of nolo1223
1276-contendere entered to the charge; provided, however, that such conviction shall be1224
1277-evaluated as provided by subsection (q) of Code Section 43-1-19;1225
1278-(2) Had a license to practice nursing revoked, suspended, or annulled by any lawful1226
1279-licensing authority, had other disciplinary action taken by any lawful licensing authority,1227
1280-or was denied a license by any lawful licensing authority;1228
1281-(3) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or1229
1282-practice harmful to the public, which conduct or practice need not have resulted in actual1230
1283-injury to any person. As used in this paragraph, the term 'unprofessional conduct'1231
1284-includes the improper charting of medication and any departure from, or the failure to1232
1285-conform to, the minimal standards of acceptable and prevailing nursing practice;1233
1286-(4) Violated or attempted to violate a law or any lawfully promulgated rule or regulation1234
1287-of this state, any other state, the board, the United States, or any other lawful authority,1235
1288-without regard to whether the violation is criminally punishable, which statute, law, or1236
1289-rule or regulation relates to or in part regulates the practice of nursing, when the licensee1237
1290-or applicant knows or should know that such action is violative of such law or rule;1238
1291-(5) Violated a lawful order of the board previously entered by the board in a disciplinary1239
1292-hearing; or1240
1293-- 48 - 24 LC 36 5881S
1294-(6) Displayed an inability to practice nursing as a licensed practical nurse with1241
1295-reasonable skill and safety due to illness, use of alcohol, drugs, narcotics, chemicals, or1242
1296-any other types of material, or as a result of any mental or physical condition:1243
1297-(A) In enforcement of this paragraph, the board may, upon reasonable grounds, require1244
1298-a licensee or applicant to submit to a mental or physical examination by a board1245
1299-approved health care professional. The expense of such mental or physical examination1246
1300-shall be borne by the licensee or applicant. The results of such examination shall be1247
1301-admissible in any hearing before the board, notwithstanding any claim of privilege1248
1302-under contrary law or rule. Every person who is licensed to practice practical nursing1249
1303-as a licensed practical nurse in this state, or an applicant for examination, endorsement,1250
1304-or reinstatement, shall be deemed to have given such person's consent to submit to such1251
1305-mental or physical examination and to have waived all objections to the admissibility1252
1306-of the results in any hearing before the board upon the grounds that the same constitutes1253
1307-a privileged communication. If a licensee or applicant fails to submit to such an1254
1308-examination when properly directed to do so by the board, unless such failure was due1255
1309-to circumstances beyond that person's control, the board may enter a final order upon1256
1310-proper notice, hearing, and proof of such refusal. Any licensee or applicant who is1257
1311-prohibited from practicing under this paragraph shall at reasonable intervals be afforded1258
1312-an opportunity to demonstrate to the board that such person can resume or begin to1259
1313-practice practical nursing as a licensed practical nurse with reasonable skill and safety;1260
1314-and1261
1315-(B) In enforcement of this paragraph, the board may, upon reasonable grounds, obtain1262
1316-any and all records relating to the mental or physical condition of a licensee or1263
1317-applicant, including psychiatric records; such records shall be admissible in any hearing1264
1318-before the board, notwithstanding any privilege under a contrary rule, law, or statute.1265
1319-Every person who is licensed in this state or who shall file an application for said1266
1320-license shall be deemed to have given such person's consent to the board's obtaining1267
1321-- 49 - 24 LC 36 5881S
1322-such records and to have waived all objections to the admissibility of such records in1268
1323-any hearing before the board upon the grounds that the same constitute a privileged1269
1324-communication.1270
1325-(b) Neither denial of an initial license, the issuance of a private reprimand, the denial of1271
1326-a license by endorsement under Code Section 43-26-38, nor the denial of a request for1272
1327-reinstatement of a license on the grounds that the applicant or licensee has failed to meet1273
1328-the minimum requirements shall be considered a contested case within the meaning of1274
1329-Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and notice and hearing1275
1330-within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or1276
1331-licensee shall be allowed to appear before the board if he or she so requests.1277
1332-(c) Notwithstanding any other provision of this Code section, the denial of an initial1278
1333-license or the denial of a request for reinstatement of a license on the grounds that the1279
1334-applicant or licensee is disqualified due to a criminal record shall be in accordance with1280
1335-subsection (a) of Code Section 43-1-19."1281
1336-SECTION 2-15.1282
1337-Said title is further amended in Code Section 43-34-8, relating to the authority of the1283
1338-Composite Medical Board to refuse license, certificate, or permit medical professionals or1284
1339-to issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and1285
1340-publication of final disciplinary actions, by revising paragraph (3) of subsection (a) as1286
1341-follows:1287
1342-"(3) Been convicted of a felony in the courts of this state or any other state, territory,1288
1343-country, or of the United States. As used in this paragraph, the term 'conviction of a1289
1344-felony' shall include a conviction of an offense which if committed in this state would be1290
1345-deemed a felony under either state or federal law, without regard to its designation1291
1346-elsewhere. As used in this paragraph, the term 'conviction' shall include a finding or1292
1347-verdict of guilt, a plea of guilty resulting in first offender status, or a plea of nolo1293
1348-- 50 - 24 LC 36 5881S
1349-contendere in a criminal proceeding, regardless of whether the adjudication of guilt or1294
1350-sentence is withheld or not entered thereon;"1295
1351-SECTION 2-16.1296
1352-Said title is further amended in Code Section 43-34-8, relating to the authority of the1297
1353-Composite Medical Board to refuse license, certificate, or permit medical professionals or1298
1354-to issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and1299
1355-publication of final disciplinary actions, by adding two new subsections to read as follows:1300
1356-"(a.1) Notwithstanding paragraphs (3), (4), and (11) of subsection (a) of this Code section,1301
1357-the medical board shall refuse to grant a license to an individual or shall revoke a license1302
1358-only if a conviction directly relates to the occupation for which the license is sought or held1303
1359-and granting the license would pose a direct and substantial risk to public safety because1304
1360-the individual has not been rehabilitated to safely perform the duties and responsibilities1305
1361-of the practice of medicine. In determining if a conviction directly relates to the occupation1306
1362-for which the license is sought or held, the medical board shall consider:1307
1363-(1) The nature and seriousness of the offense and the direct relationship of the criminal1308
1364-conduct to the duties and responsibilities of the occupation for which the license is sought1309
1365-or held;1310
1366-(2) The age of the individual at the time the offense was committed;1311
1367-(3) The length of time elapsed since the offense was committed;1312
1368-(4) All circumstances relative to the offense, including, but not limited to, mitigating1313
1369-circumstances or social conditions surrounding the commission of the offense; and1314
1370-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1315
1371-for which the license is sought or held, including, but not limited to:1316
1372-(A) The completion of the criminal sentence;1317
1373-(B) A program and treatment certificate issued by the Board of Corrections;1318
1374-- 51 - 24 LC 36 5881S
1375-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1319
1376-program;1320
1377-(D) Testimonials and recommendations, which may include a progress report from the1321
1378-individual's probation or parole officer;1322
1379-(E) Education and training;1323
1380-(F) Employment history;1324
1381-(G) Employment aspirations;1325
1382-(H) The individual's current family or community responsibilities, or both;1326
1383-(I) Whether a bond is required to practice the occupation;1327
1384-(J) Any affidavits or other written documents, including, but not limited to, character1328
1385-references; and1329
1386-(K) Any other information regarding rehabilitation the individual submits to the board.1330
1387-(6) In determining whether to terminate and revoke a license, the board shall not consider1331
1388-nor require an individual to disclose:1332
1389-(A) A deferred adjudication, first offender treatment, participation in a diversion1333
1390-program, a conditional discharge, or an arrest not followed by a conviction;1334
1391-(B) A conviction for which no sentence of incarceration can be imposed;1335
1392-(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1336
1393-pardoned;1337
1394-(D) A juvenile adjudication;1338
1395-(E) A misdemeanor conviction older than five years, unless the offense of conviction1339
1396-is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1340
1397-(F) A conviction older than five years for which the individual was not incarcerated,1341
1398-or a conviction for which the individual's incarceration ended more than five years1342
1399-before the date of the board's consideration, except for a felony conviction related to:1343
1400-(i) A criminal sexual act;1344
1401-(ii) Criminal fraud or embezzlement;1345
1402-- 52 - 24 LC 36 5881S
1403-(iii) Aggravated assault;1346
1404-(iv) Aggravated robbery;1347
1405-(v) Aggravated abuse, neglect, or endangerment of a child;1348
1406-(vi) Arson;1349
1407-(vii) Carjacking;1350
1408-(viii) Kidnapping; or1351
1409-(ix) Manslaughter, homicide, or murder.1352
1410-(a.2)(1) Notwithstanding any other provision of law, an individual with a criminal record1353
1411-may petition the board at any time, including while incarcerated and before starting or1354
1412-completing any required professional qualifications for licensure, for a predetermination1355
1413-as to whether the individual's criminal record will disqualify him or her from obtaining1356
1414-a license.1357
1415-(2) The petition for predetermination shall include the individual's criminal record or1358
1416-authorize the board to obtain the individual's criminal record. The petitioning individual1359
1417-need not disclose any offenses falling under paragraph (a.1)(6) of this Code section. The1360
1418-petition shall also include any information the petitioner chooses to submit concerning1361
1419-the circumstances of their record and their rehabilitation.1362
1420-(3) In considering predetermination petitions, the professional licensing board shall apply1363
1421-the direct relationship standard in subsection (a.1) of this subsection and shall not1364
1422-consider any offenses falling under paragraph (a.1)(6) of this Code section. The board1365
1423-shall support any adverse predetermination with clear and convincing evidence.1366
1424-(4) A predetermination made under this subsection that a petitioner is eligible for a1367
1425-license shall be binding on the board only if the petitioner applies for licensure, fulfills1368
1426-all other requirements for the occupational license, and the petitioner's submitted criminal1369
1427-record was correct and remains unchanged at the time of his or her application for a1370
1428-license.1371
1429-- 53 - 24 LC 36 5881S
1430-(5) If a petitioner's criminal record includes matters that may disqualify the petitioner1372
1431-from licensure, the board shall notify the petitioner of the potentially disqualifying1373
1432-convictions. The letter of concern shall advise the petitioner of their opportunity to1374
1433-submit additional evidence of rehabilitation and mitigation or for a hearing, or both.1375
1434-(6) The board may predetermine that the petitioner's criminal record is likely grounds for1376
1435-denial of a license only after the board has held a hearing on the petitioner's eligibility in1377
1436-accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The1378
1437-hearing shall be held in person, by remote video, or by teleconference within 60 days of1379
1438-receipt of the predetermination petition. The individual shall have the opportunity to1380
1439-include character witnesses at the hearing, including but not limited to family members,1381
1440-friends, past or prospective employers, probation or parole officers, and rehabilitation1382
1441-counselors, who may offer their verbal or written support. The board shall not make an1383
1442-adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The1384
1443-board shall issue a final decision within 60 days of complete submission of the issue for1385
1444-consideration or the hearing, whichever is later.1386
1445-(7) If the board decides that a predetermination petitioner is ineligible for a license, the1387
1446-board shall notify the petitioner of the following:1388
1447-(A) The grounds and rationale for the predetermination, including any of the1389
1448-petitioner's specific convictions and the factors provided for in subsection (a.2) of this1390
1449-Code section the board deemed directly relevant;1391
1450-(B) An explanation of the process and right to appeal the board's predetermination1392
1451-decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and1393
1452-(C) Any actions the petitioner may take to remedy the disqualification. An individual1394
1453-who receives a predetermination of ineligibility may submit a revised petition reflecting1395
1454-completion of the remedial actions. The individual may submit a new petition to the1396
1455-board not before one year following a final judgment on their initial petition or upon1397
1456-completing the remedial actions, whichever is earlier.1398
1457-- 54 - 24 LC 36 5881S
1458-(8) The denial of a predetermination petition because of the applicant's criminal record1399
1459-shall constitute a contested case as defined in Code Section 50-13-2. In an administrative1400
1460-hearing or civil action reviewing the denial of a predetermination petition, the board shall1401
1461-have the burden of proving that the applicant's criminal record directly relates to the1402
1462-licensed occupation."1403
1463-SECTION 2-17.1404
1464-Said title is further amended in Code Section 43-34-107, relating to termination of approval1405
1465-and revocation of licenses of physician assistants by the Composite Medical Board, notice1406
1466-and hearing, and sanctions, by revising subsection (a) as follows:1407
1467-"(a)(1) The approval of a physician's utilization of a physician assistant may be1408
1468-terminated and the license revoked by the board when, after due notice and a hearing, in1409
1469-accordance with this Code section, it shall find that the assistant is incompetent or has1410
1470-committed unethical or immoral acts, including, but not limited to, holding himself or1411
1471-herself out or permitting another to represent him or her as a licensed physician;1412
1472-performing otherwise than at the direction of a physician approved by the board to utilize1413
1473-the assistant's services; habitually using intoxicants or drugs to such an extent that he or1414
1474-she is unable safely to perform as an assistant to the physician; or being convicted in any1415
1475-court, state or federal, of any felony or other criminal offense involving moral turpitude1416
1476-covered misdemeanor.1417
1477-(2) The board shall recommend action to terminate and revoke on the basis of a criminal1418
1478-conviction or adjudication only if the conviction or adjudication directly relates to the1419
1479-role of a physician assistant. In determining if a criminal conviction or adjudication1420
1480-directly relates to the role of a physician assistant, the board shall consider:1421
1481-(A) The nature and seriousness of the crime and the direct relationship of the criminal1422
1482-conduct to the duties and responsibilities of the physician assistant;1423
1483-(B) The age of the individual at the time such crime was committed;1424
1484-- 55 - 24 LC 36 5881S
1485-(C) The length of time elapsed since such crime was committed;1425
1486-(D) All circumstances relative to such crime, including, but not limited to, mitigating1426
1487-circumstances or social conditions surrounding the commission of the offense; and1427
1488-(E) Evidence of rehabilitation and present fitness to perform the duties of the1428
1489-occupation for which the certificate is sought or held, including, but not limited to:1429
1490-(i) The completion of the criminal sentence;1430
1491-(ii) A program and treatment certificate issued by the Board of Corrections;1431
1492-(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1432
1493-treatment program;1433
1494-(iv) Testimonials and recommendations, which may include a progress report from1434
1495-the individual's probation or parole officer;1435
1496-(v) Education and training;1436
1497-(vi) Employment history;1437
1498-(vii) Employment aspirations;1438
1499-(viii) The individual's current family or community responsibilities, or both;1439
1500-(ix) Whether a bond is required to practice the occupation;1440
1501-(x) Any affidavits or other written documents, including, but not limited to, character1441
1502-references; and1442
1503-(xi) Any other information regarding rehabilitation the individual submits to the1443
1504-board.1444
1505-(3) In determining whether to terminate and revoke a license, the board or investigator1445
1506-shall not consider nor require an individual to disclose:1446
1507-(A) A deferred adjudication, first offender treatment, participation in a diversion1447
1508-program, a conditional discharge, or an arrest not followed by a conviction;1448
1509-(B) A conviction for which no sentence of incarceration can be imposed;1449
1510-(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1450
1511-pardoned;1451
1512-- 56 - 24 LC 36 5881S
1513-(D) A juvenile adjudication;1452
1514-(E) A misdemeanor conviction older than five years, unless the offense of conviction1453
1515-is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1454
1516-(F) A conviction older than five years for which the individual was not incarcerated,1455
1517-or a conviction for which the individual's incarceration ended more than five years1456
1518-before the date of the board's consideration, except for a felony conviction related to:1457
1519-(i) A criminal sexual act;1458
1520-(ii) Criminal fraud or embezzlement;1459
1521-(iii) Aggravated assault;1460
1522-(iv) Aggravated robbery;1461
1523-(v) Aggravated abuse, neglect, or endangerment of a child;1462
1524-(vi) Arson;1463
1525-(vii) Carjacking;1464
1526-(viii) Kidnapping; or1465
1527-(ix) Manslaughter, homicide, or murder."1466
1528-SECTION 2-18.1467
1529-Said title is further amended in Code Section 43-34-283, relating to licensure requirements1468
1530-for pain management clinics by the Composite Medical Board, by revising subsection (d) as1469
1531-follows:1470
1532-"(d)(1) Upon the filing of an application for a license, the board may cause a thorough1471
1533-investigation of the applicant to be made and such investigation may include a criminal1472
1534-background check; provided, however, that the board shall cause a thorough investigation1473
1535-of a new applicant to be made, and such investigation shall include a background check. 1474
1536-If satisfied that the applicant possesses the necessary qualifications, the board shall issue1475
1537-a license. However, the board may issue licenses with varying restrictions to such1476
1538-- 57 - 24 LC 36 5881S
1539-persons where the board deems it necessary for the purpose of safeguarding the public1477
1540-health, safety, and welfare.1478
1541-(2) The board shall recommend action to deny licensure on the basis of a criminal1479
1542-conviction or adjudication only if the conviction or adjudication directly relates to the1480
1543-administration of a pain management clinic. In determining if a criminal conviction or1481
1544-adjudication directly relates to the administration of a pain management clinic, the board1482
1545-shall consider:1483
1546-(A) The nature and seriousness of the crime and the direct relationship of the criminal1484
1547-conduct to the duties and responsibilities of the licensee;1485
1548-(B) The age of the individual at the time such crime was committed;1486
1549-(C) The length of time elapsed since such crime was committed;1487
1550-(D) All circumstances relative to such crime, including, but not limited to, mitigating1488
1551-circumstances or social conditions surrounding the commission of the offense; and1489
1552-(E) Evidence of rehabilitation and present fitness to perform the duties of the1490
1553-occupation for which the certificate is sought or held, including, but not limited to:1491
1554-(i) The completion of the criminal sentence;1492
1555-(ii) A program and treatment certificate issued by the Board of Corrections;1493
1556-(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1494
1557-treatment program;1495
1558-(iv) Testimonials and recommendations, which may include a progress report from1496
1559-the individual's probation or parole officer;1497
1560-(v) Education and training;1498
1561-(vi) Employment history;1499
1562-(vii) Employment aspirations;1500
1563-(viii) The individual's current family or community responsibilities, or both;1501
1564-(ix) Whether a bond is required to practice the occupation;1502
1565-- 58 - 24 LC 36 5881S
1566-(x) Any affidavits or other written documents, including, but not limited to, character1503
1567-references; and1504
1568-(xi) Any other information regarding rehabilitation the individual submits to the1505
1569-board."1506
1570-SECTION 2-19.1507
1571-Said title is further amended by revising Code Section 43-34-284, relating to denial,1508
1572-suspension, and revocation of licenses of pain management clinics by the Composite Medical1509
1573-Board, as follows:1510
1574-"43-34-284.1511
1575-(a) In addition to the authority granted in Code Section 43-34-8, a license obtained1512
1576-pursuant to this article may be denied, suspended, or revoked by the board upon finding1513
1577-that the licensee or a physician practicing at a licensed pain management clinic has: 1514
1578-(1) Furnished false or fraudulent material information in any application filed under this1515
1579-chapter;1516
1580-(2) Been convicted of a crime under any state or federal law relating to any controlled1517
1581-substance;1518
1582-(3) Had his or her federal registration to prescribe, distribute, or dispense controlled1519
1583-substances suspended or revoked; or1520
1584-(4) Violated the provisions of this chapter, Chapter 13 of Title 16, or Chapter 4 of Title1521
1585-26.1522
1586-(b) In determining whether to deny, suspend, or revoke a license based upon a criminal1523
1587-conviction or adjudication, the board shall consider:1524
1588-(1) The nature and seriousness of the crime and the direct relationship of the criminal1525
1589-conduct to the duties and responsibilities of the physician practicing at a licensed pain1526
1590-management clinic;1527
1591-(2) The age of the individual at the time such crime was committed;1528
1592-- 59 - 24 LC 36 5881S
1593-(3) The length of time elapsed since such crime was committed;1529
1594-(4) All circumstances relative to such crime, including, but not limited to, mitigating1530
1595-circumstances or social conditions surrounding the commission of the offense; and1531
1596-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1532
1597-for which the license is sought or held, including, but not limited to:1533
1598-(A) The completion of the criminal sentence;1534
1599-(B) A program treatment certificate issued by the Board of Corrections;1535
1600-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1536
1601-program;1537
1602-(D) Testimonials and recommendations, which may include a progress report from the1538
1603-individual's probation or parole officer;1539
1604-(E) Education and training;1540
1605-(F) Employment history;1541
1606-(G) Employment aspirations;1542
1607-(H) The individual's current family or community responsibilities, or both;1543
1608-(I) Whether a bond is required to practice the occupation;1544
1609-(J) Any affidavits or other written documents, including, but not limited to, character1545
1610-references; and1546
1611-(K) Any other information regarding rehabilitation the individual submits to the board."1547
1612-SECTION 2-20.1548
1613-Said title is further amended in Code Section 43-39A-14, relating to grant of licenses for1549
1614-appraisers by the Real Estate Commission and Appraisers Board, grounds for suspension or1550
1615-revocation of license, other sanctions, surrender or lapse, and conviction, by revising1551
1616-subsection (b) as follows:1552
1617-- 60 - 24 LC 36 5881S
1618-"(b)(1) As used in this subsection, the term:1553
1619-(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of1554
1620-a felony or any crime involving moral turpitude covered misdemeanor, regardless of1555
1621-whether an appeal of the conviction has been brought; a sentencing to first offender1556
1622-treatment without an adjudication of guilt pursuant to a charge of a felony or any crime1557
1623-involving moral turpitude covered misdemeanor; or a plea of nolo contendere to a1558
1624-charge of a felony or any crime involving moral turpitude covered misdemeanor. The1559
1625-commission shall have the burden of justifying by clear and convincing evidence that1560
1626-a conviction supports an adverse licensing decision.1561
1627-(B) 'Felony' means any offense committed:1562
1628-(i) Within this state and deemed a felony under the laws of this state or under the1563
1629-laws of the United States; or1564
1630-(ii) In another state and deemed a felony under the laws of that state or the laws of1565
1631-the United States.1566
1632-(1.1) No person who has a directly related conviction shall be eligible to become an1567
1633-applicant for a license or an approval authorized by this chapter unless such person has1568
1634-successfully completed all terms and conditions of any sentence imposed for such1569
1635-conviction, provided that if such individual has multiple convictions, at least five years1570
1636-shall have passed since the individual satisfied all terms and conditions of any sentence1571
1637-imposed for the last conviction before making application for licensure or approval; and1572
1638-provided, further, that if such individual has a single conviction, at least two years shall1573
1639-have passed since the individual satisfied all terms and conditions of any sentence1574
1640-imposed for the last conviction before making application for licensure or approval.1575
1641-(1.2) The board shall recommend disciplinary action or denial of an application for a1576
1642-licensure or approval authorized by this chapter on the basis of a criminal conviction or1577
1643-adjudication only if the conviction or adjudication directly relates to the role of an1578
1644-- 61 - 24 LC 36 5881S
1645-appraiser. In determining if a criminal conviction or adjudication directly relates to the1579
1646-role of an appraiser, the board shall consider:1580
1647-(A) The nature and seriousness of the crime and the direct relationship of the criminal1581
1648-conduct to the duties and responsibilities of the appraiser;1582
1649-(B) The age of the individual at the time such crime was committed;1583
1650-(C) The length of time elapsed since such crime was committed;1584
1651-(D) All circumstances relative to such crime, including, but not limited to, mitigating1585
1652-circumstances or social conditions surrounding the commission of the offense; and1586
1653-(E) Evidence of rehabilitation and present fitness to perform the duties of the1587
1654-occupation for which the license is sought or held, including, but not limited to:1588
1655-(i) The completion of the criminal sentence;1589
1656-(ii) A program and treatment certificate issued by the Board of Corrections;1590
1657-(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1591
1658-treatment program;1592
1659-(iv) Testimonials and recommendations, which may include a progress report from1593
1660-the individual's probation or parole officer;1594
1661-(v) Education and training;1595
1662-(vi) Employment history;1596
1663-(vii) Employment aspirations;1597
1664-(viii) The individual's current family or community responsibilities, or both;1598
1665-(ix) Any affidavits or other written documents, including, but not limited to, character1599
1666-references; and1600
1667-(x) Any other information regarding rehabilitation the individual submits to the1601
1668-board.1602
1669-(F) In determining whether to terminate and revoke a license, the board shall not1603
1670-consider nor require an individual to disclose:1604
1671-- 62 - 24 LC 36 5881S
1672-(i) A deferred adjudication, first offender treatment, participation in a diversion1605
1673-program, a conditional discharge, or an arrest not followed by a conviction;1606
1674-(ii) A conviction for which no sentence of incarceration can be imposed;1607
1675-(iii) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1608
1676-pardoned; or1609
1677-(iv) A juvenile adjudication.1610
1678-(1.2)(1.3) A person who has a directly related conviction in a court of competent1611
1679-jurisdiction of this state or any other state shall be eligible to become an applicant for a1612
1680-licensure or an approval authorized by this chapter only if:1613
1681-(A) Such person has satisfied all terms and conditions of any conviction such person1614
1682-may have had before making application for licensure or approval, provided that if such1615
1683-individual has multiple convictions, at least five years shall have passed since the1616
1684-individual satisfied all terms and conditions of any sentence imposed for the last1617
1685-conviction before making application for licensure or approval; and provided, further,1618
1686-that if such individual has been convicted of a single felony or of a single crime of1619
1687-moral turpitude covered misdemeanor, at least two years shall have passed since the1620
1688-individual satisfied all terms and conditions of any sentence imposed for the last1621
1689-conviction before making application for licensure or approval;1622
1690-(B) No criminal charges for forgery, embezzlement, obtaining money under false1623
1691-pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation1624
1692-violation, or a crime involving moral turpitude covered misdemeanor are pending1625
1693-against the person; and1626
1694-(C) Such person presents to the commission satisfactory proof that the person now1627
1695-bears a good reputation for honesty, trustworthiness, integrity, and competence to1628
1696-transact the business of a licensee in such a manner as to safeguard the interest of the1629
1697-public."1630
1698-- 63 - 24 LC 36 5881S
1699-SECTION 2-21.1631
1700-Said title is further amended in Code Section 43-40-15, relating to grant of licenses for1632
1701-brokers and salespersons by the Real Estate Commission and Appraisers Board, grounds for1633
1702-suspension or revocation of license, other sanctions, surrender or lapse, and conviction, by1634
1703-revising subsection (b) as follows:1635
1704-"(b)(1) As used in this Code section, the term:1636
1705-(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of1637
1706-a felony or any crime involving moral turpitude covered misdemeanor, regardless of1638
1707-whether an appeal of the conviction has been brought; a sentencing to first offender1639
1708-treatment without an adjudication of guilt pursuant to a charge of a felony or any crime1640
1709-involving moral turpitude a covered misdemeanor; or a plea of nolo contendere to a1641
1710-charge of a felony or any crime involving moral turpitude covered misdemeanor. The1642
1711-commission shall have the burden of justifying by clear and convincing evidence that1643
1712-a conviction supports an adverse licensing decision.1644
1713-(B) 'Felony' means any offense committed:1645
1714-(i) Within this state and deemed a felony under the laws of this state or under the1646
1715-laws of the United States; or1647
1716-(ii) In another state and deemed a felony under the laws of that state or the laws of1648
1717-the United States.1649
1718-(1.1) No person who has a directly related conviction shall be eligible to become an1650
1719-applicant for a license or an approval authorized by this chapter unless such person has1651
1720-successfully completed all terms and conditions of any sentence imposed for such1652
1721-conviction, provided that if such individual has multiple convictions, at least five years1653
1722-shall have passed since the individual satisfied all terms and conditions of any sentence1654
1723-imposed for the last conviction before making application for licensure or approval; and1655
1724-provided, further, that if such individual has a single conviction, at least two years shall1656
1725-- 64 - 24 LC 36 5881S
1726-have passed since the individual satisfied all terms and conditions of any sentence1657
1727-imposed for the last conviction before making application for licensure or approval.1658
1728-(1.2) The commission shall recommend disciplinary action or denial of an application1659
1729-for a licensure or approval authorized by this chapter on the basis of a criminal conviction1660
1730-or adjudication only if the conviction or adjudication directly relates to the role of the1661
1731-license sought. In determining if a criminal conviction or adjudication directly relates to1662
1732-the role of a broker or real estate salesperson, the commission shall consider:1663
1733-(A) The nature and seriousness of the crime and the direct relationship of the criminal1664
1734-conduct to the duties and responsibilities of the licensee;1665
1735-(B) The age of the individual at the time such crime was committed;1666
1736-(C) The length of time elapsed since such crime was committed;1667
1737-(D) All circumstances relative to such crime, including, but not limited to, mitigating1668
1738-circumstances or social conditions surrounding the commission of the offense; and1669
1739-(E) Evidence of rehabilitation and present fitness to perform the duties of the1670
1740-occupation for which the license is sought or held, including, but not limited to:1671
1741-(i) The completion of the criminal sentence;1672
1742-(ii) A program and treatment certificate issued by the Board of Corrections;1673
1743-(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1674
1744-treatment program;1675
1745-(iv) Testimonials and recommendations, which may include a progress report from1676
1746-the individual's probation or parole officer;1677
1747-(v) Education and training;1678
1748-(vi) Employment history;1679
1749-(vii) Employment aspirations;1680
1750-(viii) The individual's current family or community responsibilities, or both;1681
1751-(ix) Any affidavits or other written documents, including, but not limited to, character1682
1752-references; and1683
1753-- 65 - 24 LC 36 5881S
1754-(x) Any other information regarding rehabilitation the individual submits to the1684
1755-commission.1685
1756-(F) In determining whether to terminate and revoke a license, the board shall not1686
1757-consider nor require an individual to disclose:1687
1758-(i) A deferred adjudication, first offender treatment, participation in a diversion1688
1759-program, a conditional discharge, or an arrest not followed by a conviction;1689
1760-(ii) A conviction for which no sentence of incarceration can be imposed;1690
1761-(iii) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1691
1762-pardoned; or1692
1763-(iv) A juvenile adjudication.1693
1764-(1.2)(1.3) A person who has a directly related conviction in a court of competent1694
1765-jurisdiction of this state or any other state shall be eligible to become an applicant for a1695
1766-licensure or an approval authorized by this chapter only if:1696
1767-(A) Such person has satisfied all terms and conditions of any conviction such person1697
1768-may have had before making application for licensure or approval, provided that if such1698
1769-individual has multiple convictions, at least five years shall have passed since the1699
1770-individual satisfied all terms and conditions of any sentence imposed for the last1700
1771-conviction before making application for licensure or approval; and provided, further,1701
1772-that if such individual has been convicted of a single felony or of a single crime of1702
1773-moral turpitude covered misdemeanor, at least two years shall have passed since the1703
1774-individual satisfied all terms and conditions of any sentence imposed for the last1704
1775-conviction before making application for licensure or approval;1705
1776-(B) No criminal charges for forgery, embezzlement, obtaining money under false1706
1777-pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation1707
1778-violation, or a crime involving moral turpitude covered misdemeanor are pending1708
1779-against the person; and1709
1780-- 66 - 24 LC 36 5881S
1781-(C) Such person presents to the commission satisfactory proof that the person now1710
1782-bears a good reputation for honesty, trustworthiness, integrity, and competence to1711
1783-transact the business of a licensee in such a manner as to safeguard the interest of the1712
1784-public."1713
1785-SECTION 2-22.1714
1786-Said title is further amended in Code Section 43-45-9, relating to examination for structural1715
1787-pest control operator certification by the Structural Pest Control Commission, by revising1716
1788-subsection (a) as follows:1717
1789-"(a)(1) All applicants for examination for certification as an operator must have a1718
1790-knowledge of the practical and scientific facts underlying the practice of structural pest1719
1791-control, control of wood-destroying organisms, and fumigation and the necessary1720
1792-knowledge and ability to recognize and control those hazardous conditions which may1721
1793-affect human life and health. The commission may refuse to examine anyone convicted1722
1794-of a crime involving moral turpitude directly related felony or directly related covered1723
1795-misdemeanor.1724
1796-(2) The commission shall refuse to examine an applicant on the basis of a criminal1725
1797-conviction or adjudication only if the conviction or adjudication directly relates to the1726
1798-role of an operator. In determining if a criminal conviction or adjudication directly1727
1799-relates to the role of a pest control operator, the commission shall consider:1728
1800-(A) The nature and seriousness of the crime and the direct relationship of the criminal1729
1801-conduct to the duties and responsibilities of the operator;1730
1802-(B) The age of the individual at the time such crime was committed;1731
1803-(C) The length of time elapsed since such crime was committed;1732
1804-(D) All circumstances relative to such crime, including, but not limited to, mitigating1733
1805-circumstances or social conditions surrounding the commission of the offense; and1734
1806-- 67 - 24 LC 36 5881S
1807-(E) Evidence of rehabilitation and present fitness to perform the duties of the1735
1808-occupation for which the certificate is sought or held, including, but not limited to:1736
1809-(i) The completion of the criminal sentence;1737
1810-(ii) A program and treatment certificate issued by the Board of Corrections;1738
1811-(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1739
1812-treatment program;1740
1813-(iv) Testimonials and recommendations, which may include a progress report from1741
1814-the individual's probation or parole officer;1742
1815-(v) Education and training;1743
1816-(vi) Employment history;1744
1817-(vii) Employment aspirations;1745
1818-(viii) The individual's current family or community responsibilities, or both;1746
1819-(ix) Whether a bond is required to practice the occupation;1747
1820-(x) Any affidavits or other written documents, including, but not limited to, character1748
1821-references; and1749
1822-(xi) Any other information regarding rehabilitation the individual submits to the1750
1823-commission.1751
1824-(3) In determining whether to refuse to examine an applicant, the commission shall not1752
1825-consider nor require an individual to disclose:1753
1826-(A) A deferred adjudication, first offender treatment, participation in a diversion1754
1827-program, a conditional discharge, or an arrest not followed by a conviction;1755
1828-(B) A conviction for which no sentence of incarceration can be imposed;1756
1829-(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1757
1830-pardoned;1758
1831-(D) A juvenile adjudication;1759
1832-(E) A misdemeanor conviction older than five years, unless the offense of conviction1760
1833-is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1761
1834-- 68 - 24 LC 36 5881S
1835-(F) A conviction older than five years for which the individual was not incarcerated,1762
1836-or a conviction for which the individual's incarceration ended more than five years1763
1837-before the date of the commission's consideration, except for a felony conviction related1764
1838-to:1765
1839-(i) A criminal sexual act;1766
1840-(ii) Criminal fraud or embezzlement;1767
1841-(iii) Aggravated assault;1768
1842-(iv) Aggravated robbery;1769
1843-(v) Aggravated abuse, neglect, or endangerment of a child;1770
1844-(vi) Arson;1771
1845-(vii) Carjacking;1772
1846-(viii) Kidnapping; or1773
1847-(ix) Manslaughter, homicide, or murder.1774
1848-(4)(A) Notwithstanding any other provision of law, an individual with a criminal1775
1849-record may petition the commission at any time, including while incarcerated and1776
1850-before starting or completing any required professional qualifications for certification,1777
1851-for a predetermination as to whether the individual's criminal record will disqualify1778
1852-such individual from obtaining a certification as an operator.1779
1853-(B) The petition for predetermination shall include the individual's criminal record or1780
1854-authorize the commission to obtain the individual's criminal record. The petitioning1781
1855-individual need not disclose any offenses falling under paragraph (3) of this subsection. 1782
1856-The petition shall also include any information the petitioner chooses to submit1783
1857-concerning the circumstances of their record and their rehabilitation.1784
1858-(C) In considering predetermination petitions, the commission shall apply the direct1785
1859-relationship standard in paragraph (2) of this subsection and shall not consider any1786
1860-offenses falling under paragraph (3) of this subsection. The commission shall support1787
1861-any adverse predetermination with clear and convincing evidence.1788
1862-- 69 - 24 LC 36 5881S
1863-(D) A predetermination made under this subsection that a petitioner is eligible for a1789
1864-license shall be binding on the commission only if the petitioner applies for1790
1865-certification, fulfills all other requirements for operator certification, and the petitioner's1791
1866-submitted criminal record was correct and remains unchanged at the time of his or her1792
1867-application for certification.1793
1868-(E) If a petitioner's criminal record includes matters that may disqualify the petitioner1794
1869-from certification, the commission shall notify the petitioner of the potentially1795
1870-disqualifying convictions. The letter of concern shall advise the petitioner of their1796
1871-opportunity to submit additional evidence of rehabilitation and mitigation or for a1797
1872-hearing, or both.1798
1873-(F) The commission may predetermine that the petitioner's criminal record is likely1799
1874-grounds for denial of certification only after the commission has held a hearing on the1800
1875-petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia1801
1876-Administrative Procedure Act.' The hearing shall be held in person, by remote video,1802
1877-or by teleconference within 60 days of receipt of the predetermination petition. The1803
1878-individual shall have the opportunity to include character witnesses at the hearing,1804
1879-including but not limited to family members, friends, past or prospective employers,1805
1880-probation or parole officers, and rehabilitation counselors, who may offer their verbal1806
1881-or written support. The commission shall not make an adverse inference by a1807
1882-petitioner's decision to forgo a hearing or character witnesses. The commission shall1808
1883-issue a final decision within 60 days of complete submission of the issue for1809
1884-consideration or the hearing, whichever is later.1810
1885-(G) If the commission decides that a predetermination petitioner is ineligible for a1811
1886-license, the board shall notify the petitioner of the following:1812
1887-(i) The grounds and rationale for the predetermination, including any of the1813
1888-petitioner's specific convictions and the factors provided for in paragraph (3) of this1814
1889-subsection the commission deemed directly relevant;1815
1890-- 70 - 24 LC 36 5881S
1891-(ii) An explanation of the process and right to appeal the commission's1816
1892-predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative1817
1893-Procedure Act'; and1818
1894-(iii) Any actions the petitioner may take to remedy the disqualification. An1819
1895-individual who receives a predetermination of ineligibility may submit a revised1820
1896-petition reflecting completion of the remedial actions. The individual may submit a1821
1897-new petition to the commission not before one year following a final judgment on1822
1898-their initial petition or upon completing the remedial actions, whichever is earlier.1823
1899-(H) The denial of a predetermination petition because of the applicant's criminal record1824
1900-shall constitute a contested case as defined in Code Section 50-13-2. In an1825
1901-administrative hearing or civil action reviewing the denial of a predetermination1826
1902-petition, the commission shall have the burden of proving that the applicant's criminal1827
1903-record directly relates to the licensed occupation."1828
1904-PART III1829
1905-SECTION 3-1.1830
1906-Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by1831
1907-adding a new paragraph to Code Section 20-2-982.1, relating to definitions relative to1832
1908-professional standards of teachers and other school personnel, to read as follows:1833
1909-"(1.1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of1834
1910-whether an appeal of such finding, verdict, or plea has been sought."1835
1911-SECTION 3-2.1836
1912-Said title is further is amended by revising Code Section 20-2-984.3, relating to preliminary1837
1913-investigation of violations by the Professional Standards Commission, requirement for1838
1914-automatic investigation, and investigation of sexual offenses, as follows:1839
1915-- 71 - 24 LC 36 5881S
1916-"20-2-984.3.1840
1917-(a) Upon receipt of a written request from a local board, the state board, or one or more1841
1918-individual residents of this state, the commission shall be authorized to investigate:1842
1919-(1) Alleged violations by an educator of any law of this state pertaining to educators or1843
1920-the profession of education;1844
1921-(2) Alleged violations by an educator of the code of ethics of the commission;1845
1922-(3) Alleged violations by an educator of rules, regulations, or policies of the state board1846
1923-or the commission;1847
1924-(4) Complaints alleging a failure by an educator to meet or comply with standards of1848
1925-performance of the commission or the state board; or1849
1926-(5) Complaints alleging that an educator has been convicted of any directly related1850
1927-felony, of any crime involving moral turpitude directly related covered misdemeanor as1851
1928-defined in Code Section 43-1-1, of any other criminal offense involving the manufacture,1852
1929-distribution, trafficking, sale, or possession of a controlled substance or marijuana as1853
1930-provided for in Chapter 13 of Title 16, or of any other sexual offense as provided for in1854
1931-Code Sections 16-6-1 through 16-6-17 or Code Section 16-6-20, 16-6-22.2, or 16-12-1001855
1932-in the courts of this state or any other state, territory, or country or in the courts of the1856
1933-United States. As used in this paragraph, the term 'convicted' shall include a finding or1857
1934-verdict of guilty or a plea of nolo contendere, regardless of whether an appeal of the1858
1935-conviction has been sought; a situation where first offender treatment without1859
1936-adjudication of guilt pursuant to the charge was granted; and a situation where an1860
1937-adjudication of guilt or sentence was otherwise withheld or not entered on the charge or1861
1938-the charge was otherwise disposed of in a similar manner in any jurisdiction.1862
1939-(b) The commission shall decide whether to conduct a preliminary investigation pursuant1863
1940-to this Code section within 30 days of the request unless an extension is granted pursuant1864
1941-to the procedure outlined in subsection (b) of Code Section 20-2-984.5. The commission1865
1942-may appoint a committee of its membership with the power to transact and carry out the1866
1943-- 72 - 24 LC 36 5881S
1944-business and duties of the commission when deciding whether to conduct a preliminary1867
1945-investigation.1868
1946-(b.1) In investigating whether to deny, diminish, limit, suspect, revoke, refuse to renew,1869
1947-or otherwise withhold a certificate, the commission shall not consider nor require an1870
1948-educator to disclose:1871
1949-(1) A deferred adjudication, first offender treatment, participation in a diversion1872
1950-program, a conditional discharge, or an arrest not followed by a conviction;1873
1951-(2) A conviction for which no sentence of incarceration can be imposed;1874
1952-(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1875
1953-pardoned;1876
1954-(4) A juvenile adjudication;1877
1955-(5) A misdemeanor conviction older than five years, unless the offense of conviction is1878
1956-listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1879
1957-(6) A conviction older than five years for which the individual was not incarcerated, or1880
1958-a conviction for which the individual's incarceration ended more than five years before1881
1959-the date of the commission's consideration, except for a felony conviction related to:1882
1960-(A) A criminal sexual act;1883
1961-(B) Criminal fraud or embezzlement;1884
1962-(C) Aggravated assault;1885
1963-(D) Aggravated robbery;1886
1964-(E) Aggravated abuse, neglect, or endangerment of a child;1887
1965-(F) Arson;1888
1966-(G) Carjacking;1889
1967-(H) Kidnapping; or1890
1968-(I) Manslaughter, homicide, or murder.1891
1969-(c) When an educator admits on a Professional Standards Commission application to1892
1970-having resigned or being discharged for committing a felony or misdemeanor involving1893
1971-- 73 - 24 LC 36 5881S
1972-moral turpitude covered misdemeanor as defined in Code Section 43-1-1 or being under1894
1973-investigation by law enforcement authorities for such conduct or for committing a breach1895
1974-of the code of ethics or for a violation of state education laws or having a criminal history1896
1975-record or having had a surrender, denial, revocation, or suspension of a certificate or being1897
1976-the subject of an investigation or adverse action regarding a certificate, an investigation1898
1977-will automatically open without notification to the commission and with written1899
1978-notification to the educator.1900
1979-(c.1) Notwithstanding subsection (c) of this Code section, the commission shall not1901
1980-consider nor require an educator to disclose on a Professional Standards Commission1902
1981-application:1903
1982-(1) A deferred adjudication, first offender treatment, participation in a diversion1904
1983-program, a conditional discharge, or an arrest not followed by a conviction;1905
1984-(2) A conviction for which no sentence of incarceration can be imposed;1906
1985-(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1907
1986-pardoned;1908
1987-(4) A juvenile adjudication;1909
1988-(5) A misdemeanor conviction older than five years, unless the offense of conviction is1910
1989-listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1911
1990-(6) A conviction older than five years for which the individual was not incarcerated, or1912
1991-a conviction for which the individual's incarceration ended more than five years before1913
1992-the date of the commission's consideration, except for a felony conviction related to:1914
1993-(A) A criminal sexual act;1915
1994-(B) Criminal fraud or embezzlement;1916
1995-(C) Aggravated assault;1917
1996-(D) Aggravated robbery;1918
1997-(E) Aggravated abuse, neglect, or endangerment of a child;1919
1998-(F) Arson;1920
1999-- 74 - 24 LC 36 5881S
2000-(G) Carjacking;1921
2001-(H) Kidnapping; or1922
2002-(I) Manslaughter, homicide, or murder.1923
2003-(d) Notwithstanding the requirements of this Code section, the staff of the commission1924
2004-shall be authorized, without notification to the commission, to immediately open an1925
2005-investigation submitted to the commission by a local school superintendent, with approval1926
2006-of the local board of education, of a complaint by a student against an educator alleging a1927
2007-sexual offense, as provided for in Code Sections 16-6-1 through 16-6-17 or Code Section1928
2008-16-6-20, 16-6-22.2, or 16-12-100.1929
2009-(e)(1) Notwithstanding any other provision of law, an individual with a criminal record1930
2010-may petition the commission at any time, including while incarcerated and before starting1931
2011-or completing any required professional qualifications for certification, for a1932
2012-predetermination as to whether the individual's criminal record will disqualify him or her1933
2013-from obtaining a certificate.1934
2014-(2) The petition for predetermination shall include the individual's criminal record or1935
2015-authorize the board to obtain the individual's criminal record. The petitioning individual1936
2016-need not disclose any offenses falling under subsection (c.1) of this Code section. The1937
2017-petition shall also include any information the petitioner chooses to submit concerning1938
2018-the circumstances of their record and their rehabilitation.1939
2019-(3) In considering predetermination petitions, the commission shall apply the direct1940
2020-relationship standard provided for in subsection (a.1) of Code Section 20-2-984.5 and1941
2021-shall not consider any offenses falling under subsection (c.1) of this Code section. The1942
2022-commission shall support any adverse predetermination with clear and convincing1943
2023-evidence.1944
2024-(4) A predetermination made under this subsection that a petitioner is eligible for a1945
2025-certificate shall be binding on the commission only if the petitioner applies for1946
2026-certification, fulfills all other requirements for the certificate, and the petitioner's1947
2027-- 75 - 24 LC 36 5881S
2028-submitted criminal record was correct and remains unchanged at the time of his or her1948
2029-application for a certificate.1949
2030-(5) If a petitioner's criminal record includes matters that may disqualify the petitioner1950
2031-from certification, the commission shall notify the petitioner of the potentially1951
2032-disqualifying convictions. The letter of concern shall advise the petitioner of their1952
2033-opportunity to submit additional evidence of rehabilitation and mitigation or for a1953
2034-hearing, or both.1954
2035-(6) The commission may predetermine that the petitioner's criminal record is likely1955
2036-grounds for denial of a license only after the commission has held a hearing on the1956
2037-petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia1957
2038-Administrative Procedure Act.' The hearing shall be held in person, by remote video, or1958
2039-by teleconference within 60 days of receipt of the predetermination petition. The1959
2040-individual shall have the opportunity to include character witnesses at the hearing,1960
2041-including but not limited to family members, friends, past or prospective employers,1961
2042-probation or parole officers, and rehabilitation counselors, who may offer their verbal or1962
2043-written support. The commission shall not make an adverse inference by a petitioner's1963
2044-decision to forgo a hearing or character witnesses. The commission shall issue a final1964
2045-decision within 60 days of complete submission of the issue for consideration or the1965
2046-hearing, whichever is later.1966
2047-(7) If the commission decides that a predetermination petitioner is ineligible for a1967
2048-certificate, the board shall notify the petitioner of the following:1968
2049-(A) The grounds and rationale for the predetermination, including any specific1969
2050-convictions and the factors in subsection (a.1) of Code Section 20-2-984.5 the1970
2051-commission deemed directly relevant;1971
2052-(B) An explanation of the process and right to appeal the commission's1972
2053-predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative1973
2054-Procedure Act'; and1974
2055-- 76 - 24 LC 36 5881S
2056-(C) Any actions the petitioner may take to remedy the disqualification. An individual1975
2057-who receives a predetermination of ineligibility may submit a revised petition reflecting1976
2058-completion of the remedial actions. The individual may submit a new petition to the1977
2059-commission not before one year following a final judgment on their initial petition or1978
2060-upon completing the remedial actions, whichever is earlier.1979
2061-(8) The denial of a predetermination petition because of the applicant's criminal record1980
2062-shall constitute a contested case as defined in Code Section 50-13-2. In an administrative1981
2063-hearing or civil action reviewing the denial of a predetermination petition, the1982
2064-commission shall have the burden of proving that the applicant's criminal record directly1983
2065-relates to the licensed occupation."1984
2066-SECTION 3-3.1985
2067-Said title is further amended in Code Section 20-2-984.5, relating to preliminary1986
2068-investigations of educators, disciplinary actions, and hearings by the Professional Standards1987
2069-Commission, by adding two new subsections to read as follows:1988
2070-"(a.1) The commission shall recommend disciplinary action on the basis of a criminal1989
2071-conviction only if the conviction or adjudication directly relates to the role of an educator. 1990
2072-In determining if a criminal conviction directly relates to the role of an educator, the1991
2073-commission shall consider:1992
2074-(1) The nature and seriousness of the crime and the direct relationship of the criminal1993
2075-conduct to the duties and responsibilities of the educator;1994
2076-(2) The age of the individual at the time such crime was committed;1995
2077-(3) The length of time elapsed since such crime was committed;1996
2078-(4) All circumstances relative to such crime, including, but not limited to, mitigating1997
2079-circumstances or social conditions surrounding the commission of the offense; and1998
2080-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1999
2081-for which the certificate is sought or held, including, but not limited to:2000
2082-- 77 - 24 LC 36 5881S
2083-(A) The completion of the criminal sentence;2001
2084-(B) A program and treatment certificate issued by the Board of Corrections;2002
2085-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2003
2086-program;2004
2087-(D) Testimonials and recommendations, which may include a progress report from the2005
2088-individual's probation or parole officer;2006
2089-(E) Education and training;2007
2090-(F) Employment history;2008
2091-(G) Employment aspirations;2009
2092-(H) The individual's current family or community responsibilities, or both;2010
2093-(I) Whether a bond is required to practice the occupation;2011
2094-(J) Any affidavits or other written documents, including, but not limited to, character2012
2095-references; and2013
2096-(K) Any other information regarding rehabilitation the individual submits to the2014
2097-commission.2015
2098-(a.2) In determining whether to deny, diminish, limit, suspect, revoke, refuse to renew, or2016
2099-otherwise withhold a license, the commission or investigator shall not consider nor require2017
2100-an individual to disclose:2018
2101-(1) A deferred adjudication, first offender treatment, participation in a diversion2019
2102-program, a conditional discharge, or an arrest not followed by a conviction;2020
2103-(2) A conviction for which no sentence of incarceration can be imposed;2021
2104-(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or2022
2105-pardoned;2023
2106-(4) A juvenile adjudication;2024
2107-(5) A misdemeanor conviction older than five years, unless the offense of conviction is2025
2108-listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or2026
2109-- 78 - 24 LC 36 5881S
2110-(6) A conviction older than five years for which the individual was not incarcerated, or2027
2111-a conviction for which the individual's incarceration ended more than five years before2028
2112-the date of the commission's consideration, except for a felony conviction related to:2029
2113-(A) A criminal sexual act;2030
2114-(B) Criminal fraud or embezzlement;2031
2115-(C) Aggravated assault;2032
2116-(D) Aggravated robbery;2033
2117-(E) Aggravated abuse, neglect, or endangerment of a child;2034
2118-(F) Arson;2035
2119-(G) Carjacking;2036
2120-(H) Kidnapping; or2037
2121-(I) Manslaughter, homicide, or murder."2038
2122-PART IV2039
2123-SECTION 4-1.2040
2124-Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics,2041
2125-is amended by revising subsection (a) of Code Section 26-4-41, relating to qualifications for2042
2126-pharmacist licenses, examination, and internships and other training programs, as follows:2043
2127-"(a) Qualifications. To obtain a license to engage in the practice of pharmacy, an2044
2128-applicant for licensure by examination shall:2045
2129-(1) Have submitted an application in the form prescribed by the board;2046
2130-(2) Have attained the age of majority;2047
2131-(3) Be of good moral character;2048
2132-(4)(3) Have graduated and received a professional undergraduate degree from a college2049
2133-or school of pharmacy as the same may be approved by the board; provided, however,2050
2134-that, since it would be impractical for the board to evaluate a school or college of2051
2135-- 79 - 24 LC 36 5881S
2136-pharmacy located in another country, the board may accept a graduate from such a school2052
2137-or college so long as the graduate has completed all requirements of the Foreign2053
2138-Pharmacy Equivalency Certification Program administered by the National Association2054
2139-of Boards of Pharmacy. This shall include successful completion of all required2055
2140-examinations and the issuance of the equivalency certificate and be based upon an2056
2141-individual evaluation by the board of the applicant's educational experience, professional2057
2142-background, and proficiency in the English language;2058
2143-(5)(4) Have completed an internship or other program that has been approved by the2059
2144-board or demonstrated to the board's satisfaction that experience in the practice of2060
2145-pharmacy which meets or exceeds the minimum internship requirements of the board;2061
2146-(6)(5) Have successfully passed an examination or examinations approved by the board;2062
2147-and2063
2148-(7)(6) Have paid the fees specified by the board for the examination and any related2064
2149-materials and have paid for the issuance of the license."2065
2150-SECTION 4-2.2066
2151-Said title is further amended in Code Section 26-4-60, relating to grounds for suspension,2067
2152-revocation or refusal to grant pharmacist licenses, by revising paragraph (3) of subsection (a)2068
2153-as follows:2069
2154-"(3) Except as prohibited in Code Section 26-4-60.1, for being Being:2070
2155-(A) Convicted of a felony;2071
2156-(B) Convicted of any crime involving moral turpitude covered misdemeanor, as2072
2157-defined in Code Section 43-1-1, in this state or any other state, territory, or country or2073
2158-in the courts of the United States; or2074
2159-(C) Convicted or guilty of violations of the pharmacy or drug laws of this state, or rules2075
2160-and regulations pertaining thereto, or of laws, rules, and regulations of any other state,2076
2161-or of the federal government;"2077
2162-- 80 - 24 LC 36 5881S
2163-SECTION 4-3.2078
2164-Said title is further amended by adding two new Code sections to read as follows:2079
2165-"26-4-60.1.2080
2166-(a) Notwithstanding paragraph (3) of subsection (a) of Code Section 26-4-60, the board2081
2167-of pharmacy shall refuse to grant a license to an individual or shall revoke a license only2082
2168-if a conviction directly relates to the occupation for which the license is sought or held and2083
2169-granting the license would pose a direct and substantial risk to public safety because the2084
2170-individual has not been rehabilitated to safely perform the duties and responsibilities of the2085
2171-practice of pharmacy. In determining if a conviction directly relates to the occupation for2086
2172-which the license is sought or held, the board of pharmacy shall consider:2087
2173-(1) The nature and seriousness of the offense and the direct relationship of the criminal2088
2174-conduct to the duties and responsibilities of the occupation for which the license is sought2089
2175-or held;2090
2176-(2) The age of the individual at the time the offense was committed;2091
2177-(3) The length of time elapsed since the offense was committed;2092
2178-(4) All circumstances relative to the offense, including, but not limited to, mitigating2093
2179-circumstances or social conditions surrounding the commission of the offense; and2094
2180-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2095
2181-for which the license is sought or held, including, but not limited to:2096
2182-(A) The completion of the criminal sentence;2097
2183-(B) A program and treatment certificate issued by the Board of Corrections;2098
2184-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2099
2185-program;2100
2186-(D) Testimonials and recommendations, which may include a progress report from the2101
2187-individual's probation or parole officer;2102
2188-(E) Education and training;2103
2189-(F) Employment history;2104
2190-- 81 - 24 LC 36 5881S
2191-(G) Employment aspirations;2105
2192-(H) The individual's current family or community responsibilities, or both;2106
2193-(I) Whether a bond is required to practice the occupation;2107
2194-(J) Any affidavits or other written documents, including, but not limited to, character2108
2195-references; and2109
2196-(K) Any other information regarding rehabilitation the individual submits to the board.2110
2197-(b) In determining whether to deny, diminish, limit, suspect, revoke, refuse to renew, or2111
2198-otherwise withhold a license due to criminal record, the board of pharmacy shall not2112
2199-consider nor require an individual to disclose:2113
2200-(1) A deferred adjudication, first offender treatment, participation in a diversion2114
2201-program, a conditional discharge, or an arrest not followed by a conviction;2115
2202-(2) A conviction for which no sentence of incarceration can be imposed;2116
2203-(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or2117
2204-pardoned;2118
2205-(4) A juvenile adjudication;2119
2206-(5) A misdemeanor conviction older than five years, unless the offense of conviction is2120
2207-listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or2121
2208-(6) A conviction older than five years for which the individual was not incarcerated, or2122
2209-a conviction for which the individual's incarceration ended more than five years before2123
2210-the date of the board's consideration, except for a felony conviction related to:2124
2211-(A) A criminal sexual act;2125
2212-(B) Criminal fraud or embezzlement;2126
2213-(C) Aggravated assault;2127
2214-(D) Aggravated robbery;2128
2215-(E) Aggravated abuse, neglect, or endangerment of a child;2129
2216-(F) Arson;2130
2217-(G) Carjacking;2131
2218-- 82 - 24 LC 36 5881S
2219-(H) Kidnapping;2132
2220-(I) Manslaughter, homicide, or murder; or2133
2221-(J) Distribution, manufacturing, or possession of a controlled substance.2134
2222-26-4-60.2.2135
2223-(a) Notwithstanding any other provision of law, an individual with a criminal record may2136
2224-petition the board of pharmacy at any time, including while incarcerated and before starting2137
2225-or completing any required professional qualifications for licensure, for a predetermination2138
2226-as to whether the individual's criminal record will disqualify him or her from obtaining a2139
2227-license.2140
2228-(b) The petition for predetermination shall include the individual's criminal record or2141
2229-authorize the board to obtain the individual's criminal record. The petitioning individual2142
2230-need not disclose any offenses falling under subsection (b) of Code Section 20-4-60.1. The2143
2231-petition shall also include any information the petitioner chooses to submit concerning the2144
2232-circumstances of their record and their rehabilitation.2145
2233-(c) In considering predetermination petitions, the board shall apply the direct relationship2146
2234-standard in subsection (a) of Code Section 26-4-60.1 and shall not consider any offenses2147
2235-falling under subsection (b) of Code Section 26-4-60.1. The board shall support any2148
2236-adverse predetermination with clear and convincing evidence.2149
2237-(d) A predetermination made under this subsection that a petitioner is eligible for a license2150
2238-shall be binding on the board only if the petitioner applies for licensure, fulfills all other2151
2239-requirements for the licensure, and the petitioner's submitted criminal record was correct2152
2240-and remains unchanged at the time of his or her application for a license.2153
2241-(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2154
2242-licensure, the board shall notify the petitioner of the potentially disqualifying convictions. 2155
2243-The letter of concern shall advise the petitioner of their opportunity to submit additional2156
2244-evidence of rehabilitation and mitigation or for a hearing, or both.2157
2245-- 83 - 24 LC 36 5881S
2246-(f) The board may predetermine that the petitioner's criminal record is likely grounds for2158
2247-denial of a license only after the board has held a hearing on the petitioner's eligibility in2159
2248-accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The2160
2249-hearing shall be held in person, by remote video, or by teleconference within 60 days of2161
2250-receipt of the predetermination petition. The individual shall have the opportunity to2162
2251-include character witnesses at the hearing, including but not limited to family members,2163
2252-friends, past or prospective employers, probation or parole officers, and rehabilitation2164
2253-counselors, who may offer their verbal or written support. The board shall not make an2165
2254-adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The2166
2255-board shall issue a final decision within 60 days of complete submission of the issue for2167
2256-consideration or the hearing, whichever is later.2168
2257-(g) If the board decides that a predetermination petitioner is ineligible for a license, the2169
2258-board shall notify the petitioner of the following:2170
2259-(1) The grounds and rationale for the predetermination, including the specific2171
2260-convictions and the factors in paragraph (1) of subsection (a) of this Code section the2172
2261-board deemed directly relevant;2173
2262-(2) An explanation of the process and right to appeal the board's predetermination2174
2263-decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and2175
2264-(3) Any actions the petitioner may take to remedy the disqualification. An individual2176
2265-who receives a predetermination of ineligibility may submit a revised petition reflecting2177
2266-completion of the remedial actions. The individual may submit a new petition to the2178
2267-board not before one year following a final judgment on their initial petition or upon2179
2268-completing the remedial actions, whichever is earlier.2180
2269-(h) The denial of a predetermination petition because of the applicant's criminal record2181
2270-shall constitute a contested case as defined in Code Section 50-13-2. In an administrative2182
2271-hearing or civil action reviewing the denial of a predetermination petition, the board shall2183
2272-- 84 - 24 LC 36 5881S
2273-have the burden of proving that the applicant's criminal record directly relates to the2184
2274-licensed occupation."2185
2275-PART V2186
2276-SECTION 5-1.2187
2277-Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code2188
2278-Section 31-7-351, relating to definitions relative to the Georgia long-term care background2189
2279-check program, by revising paragraph (5) as follows:2190
2280-"(5)(A) 'Criminal record' means any of the following:2191
2281-(i) Conviction of a crime;2192
2282-(ii) Arrest, charge, and sentencing for a crime when:2193
2283-(I) A plea of nolo contendere was entered to the crime;2194
2284-(II) First offender treatment without adjudication of guilt was granted to the crime;2195
2285-or2196
2286-(III) Adjudication or sentence was otherwise withheld or not entered for the crime;2197
2287-or2198
2288-(iii) Arrest and charges for a crime if the charge is pending, unless the time for2199
2289-prosecuting such crime has expired pursuant to Chapter 3 of Title 17.2200
2290-(B) Such term shall not include an owner, applicant, or employee for which at least ten2201
2291-years have elapsed from the date of his or her criminal background check since the2202
2292-completion of all of the terms of his or her sentence dates of conviction or adjudication;2203
2293-such term also shall not include an owner, applicant, or employee who has received a2204
2294-general pardon from the State Board of Pardons and Paroles for the convictions;2205
2295-provided, however, that such ten-year period exemption or and pardon exemption shall2206
2296-never apply to any crime identified in subsection (j) of Code Section 42-8-60."2207
2297-- 85 - 24 LC 36 5881S
2298-PART VI2208
2299-SECTION 6-1.2209
2300-Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code2210
2301-Section 33-23-21, relating to grounds for refusal, suspension, or revocation of insurance2211
2302-agent licenses, by revising paragraphs (15) and (16) as follows:2212
2303-"(15) Except as otherwise provided in Code Section 33-23-21.2, has Has been convicted2213
2304-of any felony or of any crime involving moral turpitude covered misdemeanor as defined2214
2305-in Code Section 43-1-1 in the courts of this state or any other state, territory, or country2215
2306-or in the courts of the United States; as used in this paragraph and paragraph (16) of this2216
2307-subsection, the term 'felony' shall include any offense which, if committed in this state,2217
2308-would be deemed a felony, without regard to its designation elsewhere; and, as used in2218
2309-this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea2219
2310-of guilty, regardless of whether an appeal of the conviction has been sought;2220
2311-(16) Except as otherwise provided in Code Section 33-23-21.2, has Has been arrested,2221
2312-charged, and sentenced for the commission of any directly related felony, or any crime2222
2313-involving moral turpitude directly related covered misdemeanor as defined in Code2223
2314-Section 43-1-1, where:2224
2315-(A) First offender treatment without adjudication of guilt pursuant to the charge was2225
2316-granted; or2226
2317-(B) An adjudication of guilt or sentence was otherwise withheld or not entered on the2227
2318-charge.2228
2319-The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating2229
2320-to probation of first offenders, or other first offender treatment shall be conclusive2230
2321-evidence of arrest and sentencing for such crime;"2231
2322-- 86 - 24 LC 36 5881S
2323-SECTION 6-2.2232
2324-Said title is further amended by adding two new Code sections to read as follows:2233
2325-"33-23-21.2.2234
2326-Notwithstanding Code Section 33-23-21, the Commissioner shall refuse to grant a license2235
2327-to an individual or shall revoke a license only if a conviction directly relates to the2236
2328-occupation for which the license is sought or held and granting the license would pose a2237
2329-direct and substantial risk to public safety because the individual has not been rehabilitated2238
2330-to safely perform the duties and responsibilities of a licensee. In determining if a2239
2331-conviction directly relates to the occupation for which the license is sought or held, the2240
2332-Commissioner shall consider:2241
2333-(1) The nature and seriousness of the offense and the direct relationship of the criminal2242
2334-conduct to the duties and responsibilities of the occupation for which the license is sought2243
2335-or held;2244
2336-(2) The age of the individual at the time the offense was committed;2245
2337-(3) The length of time elapsed since the offense was committed;2246
2338-(4) All circumstances relative to the offense, including, but not limited to, mitigating2247
2339-circumstances or social conditions surrounding the commission of the offense; and2248
2340-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2249
2341-for which the license is sought or held, including, but not limited to:2250
2342-(A) The completion of the criminal sentence;2251
2343-(B) A program and treatment certificate issued by the Board of Corrections;2252
2344-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2253
2345-program;2254
2346-(D) Testimonials and recommendations, which may include a progress report from the2255
2347-individual's probation or parole officer;2256
2348-(E) Education and training;2257
2349-(F) Employment history;2258
2350-- 87 - 24 LC 36 5881S
2351-(G) Employment aspirations;2259
2352-(H) The individual's current family or community responsibilities, or both;2260
2353-(I) Whether a bond is required to practice the occupation;2261
2354-(J) Any affidavits or other written documents, including, but not limited to, character2262
2355-references; and2263
2356-(K) Any other information regarding rehabilitation the individual submits to the2264
2357-Commissioner.2265
2358-33-23-21.3.2266
2359-(a) Notwithstanding any other provision of law, an individual with a criminal record may2267
2360-petition the Commissioner at any time, including while incarcerated and before starting or2268
2361-completing any required professional qualifications for licensure, for a predetermination2269
2362-as to whether the individual's criminal record will disqualify him or her from obtaining a2270
2363-license.2271
2364-(b) The petition for predetermination shall include the individual's criminal record or2272
2365-authorize the Commissioner to obtain the individual's criminal record. The petition shall2273
2366-also include information submitted by the petitioner concerning the circumstances of their2274
2367-record and their rehabilitation.2275
2368-(c) In considering predetermination petitions, the Commissioner shall apply the direct2276
2369-relationship standard in Code Section 33-23-21.2.2277
2370-(d) A predetermination made under this subsection that a petitioner is eligible for a license2278
2371-shall be binding on the Commissioner only if the petitioner applies for licensure, fulfills2279
2372-all other requirements for the licensure, and the petitioner's submitted criminal record was2280
2373-correct and remains unchanged at the time of his or her application for a license.2281
2374-(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2282
2375-licensure, the Commissioner shall provide notice and opportunity for a hearing in2283
2376-accordance with Chapter 2 of this title.2284
2377-- 88 - 24 LC 36 5881S
2378-(f) If, after notice and the opportunity for a hearing, the Commissioner decides that a2285
2379-predetermination petitioner is ineligible for a license, the Commissioner shall notify the2286
2380-petitioner of the following:2287
2381-(1) The grounds and rationale for the predetermination, including the factors in Code2288
2382-Section 33-23-21.2 the Commissioner deemed directly relevant;2289
2383-(2) An explanation of the process and right to appeal the Commissioner's2290
2384-predetermination decision; and2291
2385-(3) Any actions the petitioner may take to remedy the disqualification. An individual2292
2386-who receives a predetermination of ineligibility may submit a revised petition reflecting2293
2387-completion of the remedial actions. The individual may submit a new petition to the2294
2388-Commissioner not before one year following a final judgment on their initial petition or2295
2389-upon completing the remedial actions, whichever is earlier."2296
2390-SECTION 6-3.2297
2391-Said title is further amended by adding two new Code sections to read as follows:2298
2392-"33-23-43.11.2299
2393-Notwithstanding Code Section 33-23-43.10, the Commissioner shall refuse to grant a2300
2394-license to an individual or shall revoke a license only if a conviction directly relates to the2301
2395-occupation for which the license is sought or held and granting the license would pose a2302
2396-direct and substantial risk to public safety because the individual has not been rehabilitated2303
2397-to safely perform the duties and responsibilities of a licensee. In determining if a2304
2398-conviction directly relates to the occupation for which the license is sought or held, the2305
2399-Commissioner shall consider:2306
2400-(1) The nature and seriousness of the offense and the direct relationship of the criminal2307
2401-conduct to the duties and responsibilities of the occupation for which the license is sought2308
2402-or held;2309
2403-(2) The age of the individual at the time the offense was committed;2310
2404-- 89 - 24 LC 36 5881S
2405-(3) The length of time elapsed since the offense was committed;2311
2406-(4) All circumstances relative to the offense, including, but not limited to, mitigating2312
2407-circumstances or social conditions surrounding the commission of the offense; and2313
2408-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2314
2409-for which the license is sought or held, including, but not limited to:2315
2410-(A) The completion of the criminal sentence;2316
2411-(B) A program and treatment certificate issued by the Board of Corrections;2317
2412-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2318
2413-program;2319
2414-(D) Testimonials and recommendations, which may include a progress report from the2320
2415-individual's probation or parole officer;2321
2416-(E) Education and training;2322
2417-(F) Employment history;2323
2418-(G) Employment aspirations;2324
2419-(H) The individual's current family or community responsibilities, or both;2325
2420-(I) Whether a bond is required to practice the occupation;2326
2421-(J) Any affidavits or other written documents, including, but not limited to, character2327
2422-references; and2328
2423-(K) Any other information regarding rehabilitation the individual submits to the2329
2424-Commissioner.2330
2425-33-23-43.12.2331
2426-(a) Notwithstanding any other provision of law, an individual with a criminal record may2332
2427-petition the Commissioner at any time, including while incarcerated and before starting or2333
2428-completing any required professional qualifications for licensure, for a predetermination2334
2429-as to whether the individual's criminal record will disqualify him or her from obtaining a2335
2430-public adjuster's license.2336
2431-- 90 - 24 LC 36 5881S
2432-(b) The petition for predetermination shall include the individual's criminal record or2337
2433-authorize the Commissioner to obtain the individual's criminal record. The petition shall2338
2434-also include information submitted by the petitioner concerning the circumstances of their2339
2435-record and their rehabilitation.2340
2436-(c) In considering predetermination petitions, the Commissioner shall apply the direct2341
2437-relationship standard in Code Section 33-23-43.11.2342
2438-(d) A predetermination made under this subsection that a petitioner is eligible for a license2343
2439-shall be binding on the Commissioner only if the petitioner applies for licensure, fulfills2344
2440-all other requirements for the licensure, and the petitioner's submitted criminal record was2345
2441-correct and remains unchanged at the time of his or her application for a license.2346
2442-(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2347
2443-licensure, the Commissioner shall provide notice and opportunity for a hearing in2348
2444-accordance with Chapter 2 of this title.2349
2445-(f) If, after notice and the opportunity for a hearing, the Commissioner decides that a2350
2446-predetermination petitioner is ineligible for a license, the Commissioner shall notify the2351
2447-petitioner of the following:2352
2448-(1) The grounds and rationale for the predetermination, including the specific2353
2449-convictions and the factors in Code Section 33-23-43.11 the Commissioner deemed2354
2450-directly relevant;2355
2451-(2) An explanation of the process and right to appeal the Commissioner's2356
2452-predetermination decision; and2357
2453-(3) Any actions the petitioner may take to remedy the disqualification. An individual2358
2454-who receives a predetermination of ineligibility may submit a revised petition reflecting2359
2455-completion of the remedial actions. The individual may submit a new petition to the2360
2456-Commissioner not before one year following a final judgment on their initial petition or2361
2457-upon completing the remedial actions, whichever is earlier."2362
2458-- 91 - 24 LC 36 5881S
2459-PART VII2363
2460-SECTION 7-1.2364
2461-Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter2365
2462-standards and training is amended by adding a new subsection to Code Section 25-4-8,2366
2463-relating to qualifications of firefighters generally, to read as follows:2367
2464-"(d) A person who pleaded guilty to a felony offense under the 'Georgia First Offender Act'2368
2465-and successfully completed the terms of his or her sentence pursuant to Article 3 of Chapter2369
2466-8 of Title 42 may, at the council's discretion, be certified and employed as a firefighter if2370
2467-such person otherwise meets the qualifications set forth in this Code section. Such person2371
2468-shall provide information on the circumstances underlying the plea of guilty, as requested2372
2469-by the council, to enable the council to make an informed decision on such individual's2373
2470-qualification status."2374
2471-PART VIII2375
2472-SECTION 8-1.2376
2473-Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to2377
2474-Georgia Crime Information Center, is amended in Code Section 35-3-37, relating to review2378
2475-of individual's criminal history record information, definitions, privacy considerations,2379
2476-written application requesting review, and inspection, by revising divisions (j)(4)(B)(xvi),2380
2477-(j)(4)(B)(xvii), and (j)(4)(B)(xviii), subparagraph (j)(4)(C), paragraph (7) of subsection (j),2381
2478-and subsections (m) and (v) as follows:2382
2479-"(xvi) Any offense related to minors generally in violation of Part 2 of Article 3 of2383
2480-Chapter 12 of Title 16; or2384
2481-- 92 - 24 LC 36 5881S
2482-(xvii) Theft in violation of Chapter 8 of Title 16; provided, however, that such2385
2483-prohibition shall not apply to a misdemeanor conviction of shoplifting or refund fraud2386
2484-in violation of Code Section 16-8-14 or 16-8-14.1, as applicable; or2387
2485-(xviii) Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40.2388
2486-(C) An individual shall be limited to filing a petition under this paragraph to a lifetime2389
2487-maximum of requesting record restriction on two convictions for a misdemeanor or a2390
2488-series of misdemeanors arising from a single incident. For the purposes of this2391
2489-subparagraph, the conviction of two or more offenses charged in separate counts of one2392
2490-or more accusations consolidated for trial shall be deemed to be one conviction. If a2393
2491-petition under this subsection has been denied, an individual may file a subsequent2394
2492-petition on the same conviction for a misdemeanor or series of misdemeanors arising2395
2493-from a single incident after the expiration of two years from the date of the final order2396
2494-from the previous petition."2397
2495-"(7) When an individual was convicted in this state of an offense for which that2398
2496-individual has been granted a pardon from the State Board of Pardons and Paroles as2399
2497-provided in the Constitution and Code Section 42-9-42, provided that the offense was not2400
2498-a serious violent felony as such term is defined in Code Section 17-10-6.1 or a sexual2401
2499-offense as such term is defined in Code Section 17-10-6.2, and provided, further, that2402
2500-such individual has not been convicted of any crime in any jurisdiction, excluding any2403
2501-conviction for a nonserious traffic offense, since the pardon was granted, and provided,2404
2502-further, that he or she has no pending charged offenses, he or she may petition the court2405
2503-in which the conviction occurred to restrict access to criminal history record information. 2406
2504-Such court shall maintain jurisdiction over the case for this limited purpose and duration. 2407
2505-Such petition shall be served on the prosecuting attorney. If a hearing is requested, such2408
2506-hearing shall be held within 90 days of the filing of the petition. If the court finds that the2409
2507-criteria for such petition are met, the court shall grant an order restricting such criminal2410
2508-history record information. The court shall hear evidence and shall grant an order2411
2509-- 93 - 24 LC 36 5881S
2510-restricting such criminal history record information if it determines that the harm2412
2511-otherwise resulting to the individual clearly outweighs the public's interest in the criminal2413
2512-history record information being publicly available."2414
2513-"(m)(1) For criminal history record information maintained by the clerk of court, an2415
2514-individual who has a record restricted pursuant to Code Section 17-10-21 or this Code2416
2515-section or an individual who has been cited for a criminal offense but was not arrested2417
2516-and the charged offense was subsequently dismissed, nolle prossed, or reduced to a2418
2517-violation of a local ordinance may petition the court with original jurisdiction over the2419
2518-offenses in the county where the clerk of court is located for an order to seal all criminal2420
2519-history record information maintained by the clerk of court for such individual's charged2421
2520-offense. Notice of such petition shall be sent to the clerk of court and the prosecuting2422
2521-attorney. A notice sent by registered or certified mail or statutory overnight delivery shall2423
2522-be sufficient notice.2424
2523-(2) The court shall order all criminal history record information in the custody of the2425
2524-clerk of court, including within any index, to be restricted and unavailable to the public2426
2525-if the court finds by a preponderance of the evidence that:2427
2526-(A) The criminal history record information has been restricted pursuant to this Code2428
2527-section; and2429
2528-(B) The harm otherwise resulting to the privacy of the individual clearly outweighs the2430
2529-public interest in the criminal history record information being publicly available.2431
2530-(3) Notwithstanding paragraph (2) of this subsection, the court shall order all criminal2432
2531-history record information in the custody of the clerk of court, including within any2433
2532-index, to be restricted and unavailable to the public if the criminal history record has been2434
2533-restricted pursuant to paragraph (7) of subsection (j) of this Code section.2435
2534-(4) Within 60 days of the court's order, the clerk of court shall cause every document,2436
2535-physical or electronic, in its custody, possession, or control to be restricted."2437
2536-- 94 - 24 LC 36 5881S
2537-"(v)(1) Information restricted and sealed pursuant to this Code section shall always be2438
2538-available for inspection, copying, and use:2439
2539-(A) For the purpose of imposing a sentence under Article 3 of Chapter 8 of Title 42;2440
2540-(B) By the Judicial Qualifications Commission;2441
2541-(C) By an attorney representing an accused individual who submits a sworn affidavit2442
2542-to the clerk of court attesting that such information is relevant to a criminal proceeding;2443
2543-(D) By a prosecuting attorney or a public defender;2444
2544-(E) Pursuant to a court order; and2445
2545-(F) By an individual who is the subject of restricted criminal history record information2446
2546-or sealed court files; and2447
2547-(G) By criminal justice agencies for law enforcement or criminal investigative2448
2548-purposes.2449
2549-(2) The confidentiality of such information shall be maintained insofar as practicable."2450
2550-PART IX2451
2551-SECTION 9-1.2452
2552-Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first2453
2553-offenders, is amended in Code Section 42-8-66, relating to petition for exoneration and2454
2554-discharge, hearing, retroactive grant of first offender status, and no filing fee, by revising2455
2555-paragraph (1) of subsection (a) and subsection (d) as follows:2456
2556-"(a)(1) An individual who qualified for sentencing pursuant to this article but who was2457
2557-not informed of his or her eligibility for first offender treatment may, with the consent of2458
2558-the prosecuting attorney, petition the court in which he or she was convicted for2459
2559-exoneration of guilt and discharge pursuant to this article."2460
2560-"(d) The court may issue an order retroactively granting first offender treatment and2461
2561-discharge the defendant pursuant to this article if the court finds by a preponderance of the2462
2562-- 95 - 24 LC 36 5881S
2563-evidence that the defendant was eligible for sentencing under the terms of this article at the2463
2564-time he or she was originally sentenced or that he or she qualifies for sentencing under2464
2565-paragraph (2) of subsection (a) of this Code section and the ends of justice and the welfare2465
2566-of society are served by granting such petition; provided, however, that no relief pursuant2466
2567-to this subsection may be given on a conviction that was used as the underlying conviction2467
2568-for a conviction for violating Code Section 16-11-131 or if the conviction was used to2468
2569-enhance a sentence pursuant to Code Section 17-10-7."2469
2570-PART X2470
2571-SECTION 10-1.2471
2572-(a) Except as provided in subsection (b) of this section, this Act shall become effective on2472
2573-January 1, 2024.2473
2574-(b) Parts 1 through 7 of this Act shall become effective on January 1, 2025, and shall apply2474
2575-to all applications for licensure submitted on or after such date.2475
2576-SECTION 10-2.2476
2577-All laws and parts of laws in conflict with this Act are repealed.2477
2578-- 96 -
19+To amend Code Section 16-5-94 of the Official Code of Georgia Annotated, relating to
20+1
21+restraining orders and protective orders, so as to provide that orders be served on a2
22+respondent within 24 hours of the court's issuance of such order; to provide for related3
23+matters; to repeal conflicting laws; and for other purposes.4
24+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
25+SECTION 1.6
26+Code Section 16-5-94 of the Official Code of Georgia Annotated, relating to restraining7
27+orders and protective orders, is amended by revising subsection (c) as follows:8
28+"(c)(1)
29+ Upon the filing of a verified petition in which the petitioner alleges with specific9
30+facts that probable cause exists to establish that stalking by the respondent has occurred10
31+in the past and may occur in the future, the court may order such temporary relief ex parte11
32+as it deems necessary to protect the petitioner or a minor of the household from stalking.12
33+(2) If the court issues an ex parte order, a copy of the order shall be immediately13
34+furnished to the petitioner, and the clerk shall forthwith issue a summons and deliver it14
35+for service to the respondent within 24 hours of the court's issuance of such order."15 23 LC 48 0859
36+H. B. 508
37+- 2 -
38+SECTION 2.
39+16
40+All laws and parts of laws in conflict with this Act are repealed.17