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The House Committee on Judiciary Non-Civil offers the following substitute to SB 157:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 20, 26, 31, 33, and 43 of the Official Code of Georgia Annotated, relating1
to education, food, drugs, and cosmetics, health, insurance, and professions and businesses,2
respectively, so as to create a preclearance process in the licensing of individuals with3
criminal records who make an application to or are investigated by certain licensing boards4
and commissions; to provide for definitions; to require certain licensing authorities to provide5
evidence to support adverse licensing decisions based on criminal convictions; to require a6
hearing prior to denying certain applicants on the basis of an individual's criminal record; to7
establish findings that shall be made and evidence that shall and shall not be considered prior8
to refusing to grant certain licenses based on certain criminal convictions; to allow an9
applicant to submit his or her own criminal record when applying for certain licenses; to10
provide for reapplication for licensure; to authorize and provide a process and requirements11
for predetermination decisions; to require certain licensure application information be12
included in certain applications and posted on a public website; to require certain annual13
reports concerning certain applications, predeterminations, and conviction records be filed14
with the Secretary of State; to amend Chapter 4 of Title 25 of the Official Code of Georgia15
Annotated, relating to firefighter standards and training, so as to provide for the reporting of16
guilty pleas taken under first offender treatment to obtain employment as a firefighter; to17
amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating18
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to Georgia Crime Information Center, so as to provide for criminal history record19
information restrictions for certain persons charged with or convicted of certain criminal20
offenses; to provide that restricted criminal history record information shall be available to21
criminal justice agencies; to provide for petitions; to provide for criminal history record22
information restriction for persons granted a pardon for certain offenses; to amend Article23
3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first24
offenders, so as to revise the procedure for petitioning for exoneration and discharge when25
an individual has qualified for sentencing as a first offender; to provide for exceptions to26
retroactively granting first offender treatment; to provide for related matters; to provide for27
effective dates and applicability; to repeal conflicting laws; and for other purposes.28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:29
PART I30
SECTION 1-1.31
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,32
is amended by revising Code Section 43-1-1, relating to definitions, as follows:33
"43-1-1.34
As used in this title, the term:35
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of36
whether an appeal of such finding, verdict, or plea has been sought.37
(2) 'Covered misdemeanor' shall mean any:38
(A) Misdemeanor conviction in the five years prior to the submission of the licensing39
application; and40
(B) Misdemeanor conviction listed in subparagraph (j)(4)(B) of Code Section 35-3-37,41
irrespective of the date of such conviction.42
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(1)(3) 'Division' means the professional licensing boards division created under Code43
Section 43-1-2.44
(2)(4) 'Division director' means the individual appointed by the Secretary of State as45
director of the professional licensing boards division within the office of the Secretary46
of State.47
(5) 'Felony' means any offense which, if committed in this state, would be deemed a48
felony, without regard to its designation elsewhere.49
(3)(6) 'Professional licensing board' means any board, bureau, commission, or other50
agency of the executive branch of state government which is created for the purpose of51
licensing or otherwise regulating or controlling any profession, business, or trade and52
which is placed by law under the jurisdiction of the division director of the professional53
licensing boards division within the office of the Secretary of State."54
SECTION 1-2.55
Said title is further amended by revising subsection (a) of Code Section 43-1-19, relating to56
a professional licensing board's authority to refuse, grant, revoke, and reinstate licenses,57
surrender of licenses, and probationary licenses, and adding a new subsection to read as58
follows:59
"(a) A professional licensing board shall have the authority to refuse to grant a license to60
an applicant therefor or to revoke the license of a person licensed by that board or to61
discipline a person licensed by that board, upon a finding by a majority of the entire board62
that the licensee or applicant has:63
(1) Failed to demonstrate the qualifications or standards for a license contained in this64
Code section, or under the laws, rules, or regulations under which licensure is sought or65
held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the66
board that he or she meets all the requirements for the issuance of a license, and, if the67
board is not satisfied as to the applicant's qualifications, it may deny a license without a68
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prior hearing; provided, however, that the applicant shall be allowed to appear before the69
board if he or she so desires;70
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the71
practice of a business or profession licensed under this title or on any document72
connected therewith; practiced fraud or deceit or intentionally made any false statement73
in obtaining a license to practice the licensed business or profession; or made a false74
statement or deceptive registration with the board;75
(3) Been convicted of any a directly related felony or a directly related covered76
misdemeanor or of any crime involving moral turpitude in the courts of this state or any77
other state, territory, or country or in the courts of the United States; as used in this78
paragraph, paragraph (4) of this subsection, and subsection (q) of this Code section, the79
term 'felony' shall include any offense which, if committed in this state, would be deemed80
a felony, without regard to its designation elsewhere; and, as used in this paragraph and81
subsection (q) of this Code section, the term 'conviction' shall include a finding or verdict82
of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been83
sought;84
(4)(A) Been arrested, charged, and sentenced is currently serving a sentence for the85
commission of any felony, or any crime involving moral turpitude, when:86
(i) A sentence for such offense was imposed pursuant to Article 3 of Chapter 8 of87
Title 42 or another state's first offender laws; or88
(ii) A sentence for such offense was imposed pursuant to subsection (a) or (c) of89
Code Section 16-13-2;90
(iii) A sentence for such offense was imposed as a result of a plea of nolo contendere;91
or92
(iv) An adjudication of guilt or sentence was otherwise withheld or not entered on the93
charge.94
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(B) An order entered pursuant to subsection (a) or (c) of Code Section 16-13-2, Article95
3 of Chapter 8 of Title 42, or another state's first offender treatment order shall be96
conclusive evidence of an arrest and sentencing for such offense;97
(5) Had his or her license to practice a business or profession licensed under this title98
revoked, suspended, or annulled by any lawful licensing authority other than the board;99
had other disciplinary action taken against him or her by any such lawful licensing100
authority other than the board; was denied a license by any such lawful licensing101
authority other than the board, pursuant to disciplinary proceedings; or was refused the102
renewal of a license by any such lawful licensing authority other than the board, pursuant103
to disciplinary proceedings;104
(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct105
or practice harmful to the public that materially affects the fitness of the licensee or106
applicant to practice a business or profession licensed under this title or is of a nature107
likely to jeopardize the interest of the public; such conduct or practice need not have108
resulted in actual injury to any person or but must be directly related to the practice of the109
licensed business or profession but shows and show that the licensee or applicant has110
committed any act or omission which is indicative of bad moral character or111
untrustworthiness and which makes the licensee or applicant likely to harm the public. 112
Such conduct or practice shall also include any departure from, or the failure to conform113
to, the minimal reasonable standards of acceptable and prevailing practice of the business114
or profession licensed under this title;115
(7) Knowingly performed any act which in any way aids, assists, procures, advises, or116
encourages any unlicensed person or any licensee whose license has been suspended or117
revoked by a professional licensing board to practice a business or profession licensed118
under this title or to practice outside the scope of any disciplinary limitation placed upon119
the licensee by the board;120
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(8) Violated a statute, law, or any rule or regulation of this state, any other state, the121
professional licensing board regulating the business or profession licensed under this title,122
the United States, or any other lawful authority without regard to whether the violation123
is criminally punishable when such statute, law, or rule or regulation relates to or in part124
regulates the practice of a business or profession licensed under this title and when the125
licensee or applicant knows or should know that such action violates such statute, law,126
or rule; or violated a lawful order of the board previously entered by the board in a127
disciplinary hearing, consent decree, or license reinstatement;128
(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or129
outside this state; any such adjudication shall automatically suspend the license of any130
such person and shall prevent the reissuance or renewal of any license so suspended for131
so long as the adjudication of incompetence is in effect;132
(10) Displayed an inability to practice a business or profession licensed under this title133
with reasonable skill and safety to the public or has become unable to practice the134
licensed business or profession with reasonable skill and safety to the public by reason135
of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material;136
or137
(11) Failed to comply with an order for child support as defined by Code Section138
19-11-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of139
release to the board from the child support agency within the Department of Human140
Services indicating that the applicant or licensee has come into compliance with an order141
for child support so that a license may be issued or granted if all other conditions for142
licensure are met.143
(a.1) A professional licensing board shall have the burden of justifying that it is144
substantially more likely than not that a criminal record supports an adverse licensing145
decision. Before the professional licensing board may deny an applicant a license under146
subsection (a) of this Code section due to his or her criminal record, such applicant shall147
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be entitled to a hearing before the professional licensing board in accordance with148
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"149
SECTION 1-3.150
Said title is further amended in Code Section 43-1-19, relating to a professional licensing151
board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and152
probationary licenses, by revising subsection (j) as follows:153
"(j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity154
nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a155
previously denied license shall be considered to be a contested case within the meaning of156
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing157
within the meaning of such chapter shall not be required, but the applicant or licensee shall158
be allowed to appear before the board if he or she so requests. A board may resolve a159
pending action by the issuance of a letter of concern. Such letter shall not be considered160
a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be161
disclosed to any person except the licensee or applicant."162
SECTION 1-4.163
Said title is further amended in Code Section 43-1-19, relating to a professional licensing164
board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and165
probationary licenses, by revising subsection (q) as follows:166
"(q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or167
any other provision of law, and unless the professional licensing board shall refuse to168
grant a license to an individual or shall revoke a license only if a felony or crime169
involving moral turpitude covered misdemeanor directly relates to the occupation for170
which the license is sought or held and granting the license would pose a direct and171
substantial risk to public safety because the individual has not been rehabilitated to safely172
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perform the duties and responsibilities of such occupation, after considering the criteria173
in paragraph (2) of this subsection. Without finding a direct and substantial risk to public174
safety and a direct relationship between the conviction and the licensed occupation, no175
professional licensing board shall refuse to grant a license to an applicant therefor or shall176
revoke the license of an individual licensed by that board due solely or in part to such177
applicant's or licensee's:178
(A) Conviction of any felony or any crime involving moral turpitude covered179
misdemeanor, whether it occurred in the courts of this state or any other state, territory,180
or country or in the courts of the United States;181
(B) Arrest, charge, and sentence for the commission of such offense;182
(C) Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another183
state's first offender laws;184
(D) Sentence for such offense pursuant to subsection (a) or (c) of Code Section185
16-13-2;186
(E) Sentence for such offense as a result of a plea of nolo contendere;187
(F) Adjudication of guilt or sentence was otherwise withheld or not entered; or188
(G) Being under supervision by a community supervision officer, as such term is189
defined in Code Section 42-3-1, for a conviction of any felony or any crime involving190
moral turpitude covered misdemeanor, whether it occurred in the courts of this state or191
any other state, territory, or country or in the courts of the United States, so long as such192
individual was not convicted of a felony violation of Chapter 5 of Title 16 nor193
convicted of a crime requiring registration on the state sexual offender registry.194
(2) In determining if a felony or crime involving moral turpitude covered misdemeanor195
directly relates to the occupation for which the license is sought or held, the professional196
licensing board shall consider:197
(A) The nature and seriousness of such felony or crime involving moral turpitude198
covered misdemeanor and the direct relationship of such felony or crime involving199
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moral turpitude the criminal conduct to the duties and responsibilities of the occupation200
for which the license is sought or held;201
(B) The age of the individual at the time such felony or crime involving moral202
turpitude covered misdemeanor was committed;203
(C) The length of time elapsed since such felony or crime involving moral turpitude204
covered misdemeanor was committed;205
(D) All circumstances relative to such felony or crime involving moral turpitude206
covered misdemeanor, including, but not limited to, mitigating circumstances or social207
conditions surrounding the commission of such felony or crime involving moral208
turpitude covered misdemeanor; and209
(E) Evidence of rehabilitation and present fitness to perform the duties of the210
occupation for which the license is sought or held., including, but not limited to:211
(i) The completion of the criminal sentence;212
(ii) A program and treatment certificate issued by the Board of Corrections;213
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol214
treatment program;215
(iv) Testimonials and recommendations, which may include a progress report from216
the individual's probation or parole officer;217
(v) Education and training;218
(vi) Employment history;219
(vii) Employment aspirations;220
(viii) The individual's current family or community responsibilities, or both;221
(ix) Whether a bond is required to practice the occupation;222
(x) Any affidavits or other written documents, including, but not limited to, character223
references; and224
(xi) Any other information regarding rehabilitation the individual submits to the225
board.226
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(3) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew,227
or otherwise withhold a license, the professional licensing board shall not consider nor228
require an individual to disclose:229
(A) A deferred adjudication, discharged first offender treatment, completed diversion230
program, completed conditional discharge, or an arrest not followed by a conviction;231
(B) A conviction for which no sentence of incarceration can be imposed;232
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or233
pardoned, provided that the board may consider a plea for which an individual is234
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another235
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;236
(D) A juvenile adjudication;237
(E) A misdemeanor conviction older than five years, unless the offense of conviction238
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or239
(F) A conviction older than five years for which the individual was not incarcerated,240
or a conviction for which the individual's incarceration ended more than five years241
before the date of the board's consideration, except for a felony conviction related to:242
(i) A criminal sexual act;243
(ii) Criminal fraud or embezzlement;244
(iii) Aggravated assault;245
(iv) Aggravated robbery;246
(v) Aggravated abuse, neglect, or endangerment of a child;247
(vi) Arson;248
(vii) Carjacking;249
(viii) Kidnapping; or250
(ix) Manslaughter, homicide, or murder.251
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(4) Notwithstanding any other provision of law, no professional licensing board may252
apply a vague character standard to licensure decisions or predeterminations, including,253
but not limited to, 'good moral character,' 'moral turpitude,' or 'character and fitness.'254
(5) Notwithstanding any other provision of law, a professional licensing board shall255
provide individualized consideration of an individual's criminal record and shall not256
automatically deny licensure on the basis of the individual's criminal record.257
(6)(A) If an applicant's criminal record includes issues that will or may prevent the258
board from issuing a license to the applicant, the board shall notify the applicant, in259
writing, of the specific issues in sufficient time for the applicant to provide additional260
documentation supporting the application before the board's final decision to deny the261
application. After receiving notice of any potential issue with licensure due to his or262
her criminal convictions, an applicant shall have 30 days to respond by correcting any263
inaccuracy in the criminal record or by submitting additional evidence of mitigation or264
rehabilitation for the board's consideration, or both.265
(B) For the professional licensing board to deny a license on the basis of the applicant's266
criminal convictions, the board shall first provide an opportunity for a hearing for such267
applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative268
Procedure Act.' The applicant shall have the opportunity at such hearing to present the269
written or oral testimony of character witnesses, including, but not limited to, family270
members, friends, prospective employers, probation or parole officers, and271
rehabilitation counselors. The professional licensing board shall issue a decision within272
60 days of the complete submission of the issues for consideration or the hearing,273
whichever is later.274
(C) The professional licensing board shall have the burden of justifying that it is275
substantially more likely than not, after a hearing, that an applicant's criminal record276
supports any adverse licensing decision. If the board denies an applicant a license by277
reason of the applicant's criminal record, the board shall:278
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(i) Make written findings specifying any of the applicant's convictions and the factors279
provided for in subparagraph (A) of paragraph (2) of this subsection the board280
deemed directly relevant and explaining the basis and rationale for the denial. Such281
written findings shall be signed by the board's presiding officer and shall note the282
applicant's right to appeal and explain the applicant's ability to reapply. No applicant283
shall be restricted from reapplying for licensure for more than two years from the date284
of the most recent application;285
(ii) Provide or serve a signed copy of the written findings to the applicant within 60286
days of the denial; and287
(iii) Retain a signed copy of the written findings for no less than five years.288
(D) The denial of a license in part or in whole because of the applicant's criminal289
record shall constitute a contested case as defined in Code Section 50-13-2. In an290
administrative hearing or civil action reviewing the denial of a license, the professional291
licensing board shall have the burden of proving that the applicant's criminal record292
directly relates to the occupation for which the license is sought.293
(7)(A) Notwithstanding any other provision of law, an individual with a criminal294
record may petition a professional licensing board at any time, including while295
incarcerated and before starting or completing any required professional qualifications296
for licensure, for a predetermination as to whether such individual's criminal record will297
disqualify him or her from obtaining a license.298
(B) The petition for predetermination shall include the individual's criminal record or299
authorize the board to obtain the individual's criminal record. The petitioning300
individual need not disclose any offenses provided for in paragraph (3) of this301
subsection. Such petition shall also include any information the petitioner chooses to302
submit concerning the circumstances of their record and their rehabilitation.303
(C) In considering predetermination petitions, the professional licensing board shall304
apply the direct relationship standard in paragraphs (1) and (2) of this subsection and305
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shall not consider any offenses falling under paragraph (3) of this subsection. The306
board shall support any adverse predetermination by justifying that it is substantially307
more likely than not that a criminal record supports an adverse licensing decision.308
(D) A predetermination made under this subsection that a petitioner is eligible for a309
license shall be binding on the professional licensing board only if the petitioner applies310
for licensure, fulfills all other requirements for the occupational license, and the311
petitioner's submitted criminal record was correct and remains unchanged at the time312
of his or her application for a license.313
(E) If a petitioner's criminal record includes matters that may disqualify the petitioner314
from licensure, the board shall notify the petitioner of the potentially disqualifying315
convictions. The letter of concern shall advise the petitioner of their opportunity to316
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.317
(F) The professional licensing board may predetermine that the petitioner's criminal318
record is likely grounds for denial of a license only after the board has held a hearing319
on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia320
Administrative Procedure Act.' The hearing shall be held in person, by remote video,321
or by teleconference within 60 days of receipt of the predetermination petition. The322
individual shall have the opportunity to offer written or oral testimony of character323
witnesses at the hearing, including but not limited to family members, friends, past or324
prospective employers, probation or parole officers, and rehabilitation counselors. The325
professional licensing board shall not make an adverse inference by a petitioner's326
decision to forgo a hearing or character witnesses. The board shall issue a final327
decision within 60 days of complete submission of the issue for consideration or the328
hearing, whichever is later.329
(G) If the professional licensing board decides that a predetermination petitioner is330
ineligible for a license, the board shall notify the petitioner of the following:331
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(i) The grounds and rationale for the predetermination, including any of the332
petitioner's specific convictions and the factors provided for in subparagraph (A) of333
paragraph (2) of this subsection the board deemed directly relevant;334
(ii) An explanation of the process and right to appeal the board's predetermination335
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';336
and337
(iii) Any actions the petitioner may take to remedy the disqualification. An338
individual who receives a predetermination of ineligibility may submit a revised339
petition reflecting completion of the remedial actions. The individual may submit a340
new petition to the board not before one year following a final judgment on their341
initial petition or upon completing the remedial actions, whichever is earlier.342
(H) The denial of a predetermination petition because of the applicant's criminal record343
shall constitute a contested case as defined in Code Section 50-13-2. In an344
administrative hearing or civil action reviewing the denial of a predetermination345
petition, the professional licensing board shall have the burden of proving that the346
applicant's criminal record directly relates to the licensed occupation.347
(8) Each professional licensing board shall include in its application for licensure and on348
its public website all of the following information:349
(A) Whether the board requires applicants to consent to a criminal record check;350
(B) The direct relationship standard in paragraph (1) of this subsection and those351
factors in paragraph (2) of this subsection that the board shall consider when making352
a determination of licensure;353
(C) The criminal record disclosure provided for in paragraph (3) of this subsection;354
(D) The appeals process pursuant to Chapter 13 of Title 50, the 'Georgia355
Administrative Procedure Act,' if the board denies or revokes licensure in whole or in356
part because of a criminal conviction; and357
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(E) The predetermination petition process, standards, and application, as well as the358
process for appealing an adverse predetermination pursuant to Chapter 13 of Title 50,359
the 'Georgia Administrative Procedure Act.'360
(9) No later than March 31 each year, each occupational licensing board shall file with361
the Secretary of State an annual report containing information from the previous year as362
to:363
(A) The number of applicants for a license and, of that number, the number of licenses364
granted;365
(B) The number of applicants with a criminal record and, of that number, the number366
of licenses granted, denied a license for any reason, and denied due to a conviction or367
state supervision status;368
(C) The number of predetermination petitioners and, of that number, the number369
deemed eligible for a license and the number deemed ineligible for a license;370
(D) The racial and ethnic distribution of licensing applicants, including the racial and371
ethnic distribution of applicants with a criminal record; and372
(E) The racial and ethnic distribution of licensing applicants with a criminal record373
granted a license, denied a license for any reason, and denied a license due to a374
conviction or state supervision status."375
SECTION 1-5.376
Said title is further amended by revising Code Section 43-1-27, relating to requirement that377
licensee notify licensing authority of felony conviction, as follows:378
"43-1-27.379
Any licensed individual who is convicted under the laws of this state, the United States, or380
any other state, territory, or country of a felony as defined in paragraph (3) of subsection381
(a) of Code Section 43-1-19 43-1-1 shall be required to notify the appropriate licensing382
authority of the conviction within ten days of the conviction. The failure of a licensed383
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individual to notify the appropriate licensing authority of a conviction shall be considered384
grounds for revocation of his or her license, permit, registration, certification, or other385
authorization to conduct a licensed profession."386
SECTION 1-6.387
Said title is further amended by revising Code Section 43-15-19, relating to revocation,388
suspension, or denial of certificates, certificates of registration, or licenses, and reprimands,389
as follows: 390
"43-15-19.391
(a) The board shall have the power, after notice and hearing, to deny any application made392
to it, to revoke or suspend any certificate, certificate of registration, or license issued by it,393
or to reprimand any individual holding a certificate, certificate of registration, or license394
issued by it, upon the following grounds:395
(1) Commission of any fraud or deceit in obtaining a certificate, certificate of396
registration, or license;397
(2) Any gross negligence, incompetency, or unprofessional conduct in the practice of398
professional engineering or land surveying as a professional engineer or a professional399
land surveyor, respectively;400
(3) Affixing a seal to any plan, specification, plat, or report contrary to Code Section401
43-15-22;402
(4) Conviction of a felony or crime involving moral turpitude covered misdemeanor as403
defined in Code Section 43-1-1 in the courts of this state, the United States, or any state404
or territory of the United States or the conviction of an offense in another jurisdiction405
which, if committed in this state, would be deemed a felony. 'Conviction' shall include406
a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal407
proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not408
entered thereon pursuant to Article 3 of Chapter 8 of Title 42 or any comparable rule or409
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statute but shall not include a conviction that has been restricted, sealed, annulled,410
dismissed, vacated, or pardoned; provided, however, that the board may consider a plea411
for which an individual is currently serving a sentence pursuant to Article 3 of Chapter 8412
of Title 42, another state's first offender laws, or subsection (a) or (c) of Code Section413
16-13-2; or414
(5) Any violation of this chapter or any rule or regulation promulgated by the board415
pursuant to the powers conferred on it by this chapter.416
(b) 'Unprofessional conduct,' as referred to in paragraph (2) of subsection (a) of this Code417
section, includes a violation of those standards of professional conduct for professional418
engineers and professional land surveyors adopted by the board pursuant to the power419
conferred upon it to promulgate rules and regulations to effectuate the duties and powers420
conferred on it by this chapter."421
SECTION 1-7.422
Said title is further amended by adding two new Code sections to read as follows:423
"43-15-19.1.424
(a) Notwithstanding paragraph (4) of subsection (a) of Code Section 43-15-19, the board425
shall refuse to grant a license to an individual or shall revoke a license only if a conviction426
directly relates to the occupation for which the license is sought or held and granting the427
license would pose a direct and substantial risk to public safety because the individual has428
not been rehabilitated to safely perform the duties and responsibilities of the occupation for429
which the license is sought or held. In determining if a conviction directly relates to the430
occupation for which the license is sought or held, the board shall consider:431
(1) The nature and seriousness of the offense and the direct relationship of the criminal432
conduct to the duties and responsibilities of the occupation for which the license is sought433
or held;434
(2) The age of the individual at the time the offense was committed;435
S. B. 157 (SUB)
- 17 - 24 LC 36 5860S
(3) The length of time elapsed since the offense was committed;436
(4) All circumstances relative to the offense, including, but not limited to, mitigating437
circumstances or social conditions surrounding the commission of the offense; and438
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation439
for which the license is sought or held, including, but not limited to:440
(A) The completion of the criminal sentence;441
(B) A program and treatment certificate issued by the Board of Corrections;442
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment443
program;444
(D) Testimonials and recommendations, which may include a progress report from the445
individual's probation or parole officer;446
(E) Education and training;447
(F) Employment history;448
(G) Employment aspirations;449
(H) The individual's current family or community responsibilities, or both;450
(I) Whether a bond is required to practice the occupation;451
(J) Any affidavits or other written documents, including, but not limited to, character452
references; and453
(K) Any other information regarding rehabilitation the individual submits to the board.454
(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or455
otherwise withhold a license, the board shall not consider nor require an individual to456
disclose:457
(1) A deferred adjudication, discharged first offender treatment, completed diversion458
program, a completed conditional discharge, or an arrest not followed by a conviction;459
(2) A conviction for which no sentence of incarceration can be imposed;460
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or461
pardoned, provided that the board may consider a plea for which an individual is462
S. B. 157 (SUB)
- 18 - 24 LC 36 5860S
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's463
first offender laws, or subsection (a) or (c) of Code Section 16-13-2;464
(4) A juvenile adjudication;465
(5) A misdemeanor conviction older than five years, unless the offense of conviction is466
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or467
(6) A conviction older than five years for which the individual was not incarcerated, or468
a conviction for which the individual's incarceration ended more than five years before469
the date of the board's consideration, except for a felony conviction related to:470
(A) A criminal sexual act;471
(B) Criminal fraud or embezzlement;472
(C) Aggravated assault;473
(D) Aggravated robbery;474
(E) Aggravated abuse, neglect, or endangerment of a child;475
(F) Arson;476
(G) Carjacking;477
(H) Kidnapping; or478
(I) Manslaughter, homicide, or murder.479
42-15-19.2.480
(a) Notwithstanding any other provision of law, an individual with a criminal record may481
petition the board at any time, including while incarcerated and before starting or482
completing any required professional qualifications for licensure, for a predetermination483
as to whether the individual's criminal record will disqualify him or her from obtaining a484
license.485
(b) The petition for predetermination shall include the individual's criminal record or486
authorize the board to obtain the individual's criminal record. The petitioning individual487
need not disclose any offenses falling under subsection (b) of Code Section 43-15-19.1.488
S. B. 157 (SUB)
- 19 - 24 LC 36 5860S
The petition shall also include any information the petitioner chooses to submit concerning489
the circumstances of their record and their rehabilitation.490
(c) In considering predetermination petitions, the board shall apply the direct relationship491
standard in subsection (a) of Code Section 43-15-19.1. The board shall support any492
adverse predetermination by justifying that it is substantially more likely than not that a493
criminal record supports an adverse licensing decision.494
(d) A predetermination made under this subsection that a petitioner is eligible for a license495
shall be binding on the board only if the petitioner applies for licensure, fulfills all other496
requirements for the licensure, and the petitioner's submitted criminal record was correct497
and remains unchanged at the time of his or her application for a license.498
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from499
licensure, the board shall notify the petitioner of the potentially disqualifying convictions.500
The letter of concern shall advise the petitioner of their opportunity to submit additional501
evidence of rehabilitation and mitigation or for a hearing, or both.502
(f) The board may predetermine that the petitioner's criminal record is likely grounds for503
denial of a license only after the board has held a hearing on the petitioner's eligibility in504
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The505
hearing shall be held in person, by remote video, or by teleconference within 60 days of506
receipt of the predetermination petition. The individual shall have the opportunity to507
include character witnesses at the hearing, including but not limited to family members,508
friends, past or prospective employers, probation or parole officers, and rehabilitation509
counselors, who may offer their verbal or written support. The board shall not make an510
adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The511
board shall issue a final decision within 60 days of complete submission of the issue for512
consideration or the hearing, whichever is later.513
(g) If the board decides that a predetermination petitioner is ineligible for a license, the514
board shall notify the petitioner of the following:515
S. B. 157 (SUB)
- 20 - 24 LC 36 5860S
(1) The grounds and rationale for the predetermination, including the specific516
convictions and the factors in subsection (a) of Code Section 43-15-19.1 the board517
deemed directly relevant;518
(2) An explanation of the process and right to appeal the board's predetermination519
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and520
(3) Any actions the petitioner may take to remedy the disqualification. An individual521
who receives a predetermination of ineligibility may submit a revised petition reflecting522
completion of the remedial actions. The individual may submit a new petition to the523
board not before one year following a final judgment on their initial petition or upon524
completing the remedial actions, whichever is earlier.525
(h) The denial of a predetermination petition because of the applicant's criminal record526
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative527
hearing or civil action reviewing the denial of a predetermination petition, the board shall528
have the burden of proving that the applicant's criminal record directly relates to the529
licensed occupation."530
PART II531
SECTION 2-1.532
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,533
is amended in Code Section 43-3-21, relating to revocation or refusal to grant or renew534
accountant's licenses, by revising paragraphs (3) and (4) of subsection (a) as follows:535
"(3) Had been convicted of any directly related felony or crime involving moral turpitude536
directly related covered misdemeanor as defined in Code Section 43-1-1 in the courts of537
this state, any other state, a territory, or a country or in the courts of the United States. 538
As used in this paragraph, the term:539
S. B. 157 (SUB)
- 21 - 24 LC 36 5860S
(A) 'Conviction' means and includes a finding or verdict of guilty or a plea of guilty,540
regardless of whether an appeal of the conviction has been sought;541
(B) 'Felony' means and includes any offense which, if committed in this state, would542
be deemed a felony, without regard to its designation elsewhere.543
(4)(A) Had been arrested, charged, and sentenced for the commission of any felony or544
crime involving moral turpitude covered misdemeanor as defined in Code Section545
43-1-1 when:546
(i) First offender treatment without adjudication of guilt pursuant to the charge was547
granted The licensee or applicant is currently serving a sentence pursuant to Article 3548
of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of549
Code Section 16-13-2; or550
(ii) An adjudication of guilt or sentence was otherwise withheld or not entered on the551
charge, except with respect to a plea of nolo contendere.552
(B) An order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42553
or other first offender treatment shall be conclusive evidence of arrest and sentencing554
for such crime.555
(C) As used in this paragraph, the term 'felony' shall include any offense which, if556
committed in this state, would be deemed a felony, without regard to its designation557
elsewhere;"558
SECTION 2-2.559
Said title is further amended by adding two new Code sections to read as follows:560
"43-3-21.1.561
(a) Notwithstanding paragraphs (3) and (4) of subsection (a) of Code Section 43-3-21, the562
board of accountancy shall refuse to grant a license to an individual or shall revoke a563
license only if a criminal record directly relates to the occupation for which the license is564
sought or held and granting the license would pose a direct and substantial risk to public565
S. B. 157 (SUB)
- 22 - 24 LC 36 5860S
safety because the individual has not been rehabilitated to safely perform the duties and566
responsibilities of the practice of public accountancy. In determining if a criminal record567
directly relates to the occupation for which the license is sought or held, the board of568
accountancy shall consider:569
(1) The nature and seriousness of the offense and the direct relationship of the criminal570
conduct to the duties and responsibilities of the occupation for which the license is sought571
or held;572
(2) The age of the individual at the time the offense was committed;573
(3) The length of time elapsed since the offense was committed;574
(4) All circumstances relative to the offense, including, but not limited to, mitigating575
circumstances or social conditions surrounding the commission of the offense; and576
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation577
for which the license is sought or held, including, but not limited to:578
(A) The completion of the criminal sentence;579
(B) A program and treatment certificate issued by the Board of Corrections;580
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment581
program;582
(D) Testimonials and recommendations, which may include a progress report from the583
individual's probation or parole officer;584
(E) Education and training;585
(F) Employment history;586
(G) Employment aspirations;587
(H) The individual's current family or community responsibilities, or both;588
(I) Whether a bond is required to practice the occupation;589
(J) Any affidavits or other written documents, including, but not limited to, character590
references; and591
(K) Any other information regarding rehabilitation the individual submits to the board.592
S. B. 157 (SUB)
- 23 - 24 LC 36 5860S
(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or593
otherwise withhold a license, the accountancy board shall not consider nor require an594
individual to disclose:595
(1) A deferred adjudication, discharged first offender treatment, completed diversion596
program, completed conditional discharge, or an arrest not followed by a conviction;597
(2) A conviction for which no sentence of incarceration can be imposed;598
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or599
pardoned, provided that the board may consider a plea for which an individual is600
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's601
first offender laws, or subsection (a) or (c) of Code Section 16-13-2;602
(4) A juvenile adjudication;603
(5) A misdemeanor conviction older than five years, unless the offense of conviction is604
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or605
(6) A conviction older than five years for which the individual was not incarcerated, or606
a conviction for which the individual's incarceration ended more than five years before607
the date of the board's consideration, except for a felony conviction related to:608
(A) A criminal sexual act;609
(B) Criminal fraud or embezzlement;610
(C) Aggravated assault;611
(D) Aggravated robbery;612
(E) Aggravated abuse, neglect, or endangerment of a child;613
(F) Arson;614
(G) Carjacking;615
(H) Kidnapping;616
(I) Manslaughter, homicide, or murder; or617
(J) Theft.618
S. B. 157 (SUB)
- 24 - 24 LC 36 5860S
43-3-21.2.619
(a) Notwithstanding any other provision of law, an individual with a criminal record may620
petition the accountancy board at any time, including while incarcerated and before starting621
or completing any required professional qualifications for licensure, for a predetermination622
as to whether the individual's criminal record will disqualify him or her from obtaining a623
license.624
(b) The petition for predetermination shall include the individual's criminal record or625
authorize the board to obtain the individual's criminal record. The petitioning individual626
need not disclose any offenses falling under subsection (b) of Code Section 43-3-21.1. The627
petition shall also include any information the petitioner chooses to submit concerning the628
circumstances of their record and their rehabilitation.629
(c) In considering predetermination petitions, the board shall apply the direct relationship630
standard in subsection (a) of Code Section 43-3-21.1. The board shall support any adverse631
predetermination by justifying that it is substantially more likely than not that a criminal632
record supports an adverse licensing decision.633
(d) A predetermination made under this subsection that a petitioner is eligible for a license634
shall be binding on the board only if the petitioner applies for licensure, fulfills all other635
requirements for the licensure, and the petitioner's submitted criminal record was correct636
and remains unchanged at the time of his or her application for a license.637
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from638
licensure, the board shall notify the petitioner of the potentially disqualifying convictions. 639
The letter of concern shall advise the petitioner of their opportunity to submit additional640
evidence of rehabilitation and mitigation or for a hearing, or both.641
(f) The board may predetermine that the petitioner's criminal record is likely grounds for642
denial of a license only after the board has held a hearing on the petitioner's eligibility in643
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The644
hearing shall be held in person, by remote video, or by teleconference within 60 days of645
S. B. 157 (SUB)
- 25 - 24 LC 36 5860S
receipt of the predetermination petition. The individual shall have the opportunity to646
include character witnesses at the hearing, including but not limited to family members,647
friends, past or prospective employers, probation or parole officers, and rehabilitation648
counselors, who may offer their verbal or written support. The board shall not make an649
adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The650
board shall issue a final decision within 60 days of complete submission of the issue for651
consideration or the hearing, whichever is later.652
(g) If the board decides that a predetermination petitioner is ineligible for a license, the653
board shall notify the petitioner of the following:654
(1) The grounds and rationale for the predetermination, including the specific655
convictions and the factors in subsection (a) of Code Section 43-3-21.1 the board deemed656
directly relevant;657
(2) An explanation of the process and right to appeal the board's predetermination658
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and659
(3) Any actions the petitioner may take to remedy the disqualification. An individual660
who receives a predetermination of ineligibility may submit a revised petition reflecting661
completion of the remedial actions. The individual may submit a new petition to the662
board not before one year following a final judgment on their initial petition or upon663
completing the remedial actions, whichever is earlier.664
(h) The denial of a predetermination petition because of the applicant's criminal record665
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative666
hearing or civil action reviewing the denial of a predetermination petition, the board shall667
have the burden of proving that the applicant's criminal record directly relates to the668
licensed occupation."669
S. B. 157 (SUB)
- 26 - 24 LC 36 5860S
SECTION 2-3.670
Said title is further amended in Code Section 43-3-27, relating to notification by an671
individual issued a license or certification as an accountant of conviction, time limit, and672
suspension, by revising subsection (a) as follows:673
"(a) Any individual issued a license or certification under this chapter or providing services674
under substantial equivalency practice privileges and convicted under the laws of this state,675
the United States, any other state, or any other country of a felony as defined in paragraph676
(3) of subsection (a) of Code Section 43-1-19 43-1-1 shall be required to notify the board677
of such conviction within 30 days of such conviction. The failure of such individual to678
notify the board of a conviction shall be considered grounds for revocation of his or her679
license or other authorization issued pursuant to this chapter."680
SECTION 2-4.681
Said title is further amended in Code Section 43-9-12, relating to refusal, suspension, or682
revocation of chiropractor licenses, subpoenas, other discipline, judicial review,683
reinstatement, voluntary surrender of license, injunctions, and statement of complaint, by684
revising paragraphs (3) and (4) of subsection (a) as follows:685
"(3) Been convicted of any felony or covered misdemeanors of any crime involving686
moral turpitude in the courts of this state or any other state, territory, or country or in the687
courts of the United States; as used in this paragraph and paragraph (4) of this subsection,688
the term 'felony' shall include any offense which, if committed in this state, would be689
deemed a felony, without regard to its designation elsewhere; and, as used in this690
paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of691
guilty, regardless of whether an appeal of the conviction has been sought. Any such692
record shall be considered in the manner prescribed by subsection (q) of Code Section693
43-1-19;694
S. B. 157 (SUB)
- 27 - 24 LC 36 5860S
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime695
involving moral turpitude, covered misdemeanor where such record is considered in the696
manner prescribed by subsection (q) of Code Section 43-1-19 and:697
(A) A plea of nolo contendere was entered to the charge; or698
(B) First offender treatment without adjudication of guilt pursuant to the charge was699
granted The licensee or applicant is currently serving a sentence pursuant to Article 3700
of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of701
Code Section 16-13-2; or702
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.703
The plea of nolo contendere or the order entered pursuant to the provisions of Article 3704
of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender705
treatment shall be conclusive evidence of arrest and sentencing for such crime;"706
SECTION 2-5.707
Said title is further amended in Code Section 43-10-20, relating to the teaching of barbering708
or the practice of a cosmetologist in prisons and certification of registration, by revising709
subsection (b) as follows:710
"(b) The board shall be required to test an inmate who is an applicant for a certificate or711
registration under this chapter who has completed successfully a barber or cosmetologist712
training program operated by the Department of Corrections and who meets the713
requirements stated in Code Section 43-10-9. If such inmate passes the applicable written714
and practical examinations, the board may issue the appropriate certificate of registration715
to such inmate after consideration of all requirements under Code Sections 43-10-9 and716
43-1-19; provided, however, that the board shall not apply the provisions of paragraph (4)717
of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such person's718
status as an inmate and shall apply such provisions in the same manner as would otherwise719
be applicable to an applicant who is not an inmate."720
S. B. 157 (SUB)
- 28 - 24 LC 36 5860S
SECTION 2-6.721
Said title is further amended in Code Section 43-11-47, relating to refusal to grant, or722
revocation of licenses by the Board of Dentistry, disciplining licensees, subpoenas, judicial723
review, investigations, immunity, failure to appear, and voluntary surrender, by revising724
paragraphs (3) and (4) of subsection (a) as follows:725
"(3) Been convicted of any felony or of any crime involving moral turpitude covered726
misdemeanor as defined in Code Section 43-1-1 in the courts of this state or any other727
state, territory, or country or in the courts of the United States; as used in this subsection,728
the term 'felony' shall include any offense which, if committed in this state, would be729
deemed a felony without regard to its designation elsewhere; and, as used in this730
subsection, the term 'conviction' shall include a finding or verdict of guilty or a plea of731
guilty, regardless of whether an appeal of the conviction has been sought. Any licensee732
who is convicted under the laws of this state, the United States, or any other state,733
territory, or country of a felony shall be required to notify the board of conviction within734
ten days of the conviction. The failure to notify the board of a conviction shall be735
considered grounds for revocation of his or her license;736
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime737
involving moral turpitude covered misdemeanor, where:738
(A) A plea of nolo contendere was entered to the charge; or739
(B) First offender treatment without adjudication of guilt pursuant to the charge was740
granted; or The licensee or applicant is currently serving a sentence pursuant to Article741
3 of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of742
Code Section 16-13-2.743
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.744
The plea of nolo contendere or the order entered pursuant to the provisions of Article 3745
of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of746
arrest and sentencing for such crime;"747
S. B. 157 (SUB)
- 29 - 24 LC 36 5860S
SECTION 2-7.748
Said title is further amended in Code Section 43-11-47, relating to refusal to grant, or749
revocation of, licenses by the Board of Dentistry, disciplining licensees, subpoenas, judicial750
review, investigations, immunity, failure to appear, and voluntary surrender, by adding two751
new subsections to read as follows:752
"(a.1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section, the753
board of dentistry shall refuse to grant a license to an individual or shall revoke a license754
only if a conviction directly relates to the occupation for which the license is sought or held755
and granting the license would pose a direct and substantial risk to public safety because756
the individual has not been rehabilitated to safely perform the duties and responsibilities757
of the practice of dentistry. In determining if a conviction directly relates to the occupation758
for which the license is sought or held, the board of dentistry shall consider:759
(1) The nature and seriousness of the offense and the direct relationship of the criminal760
conduct to the duties and responsibilities of the occupation for which the license is sought761
or held;762
(2) The age of the individual at the time the offense was committed;763
(3) The length of time elapsed since the offense was committed;764
(4) All circumstances relative to the offense, including, but not limited to, mitigating765
circumstances or social conditions surrounding the commission of the offense; and766
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation767
for which the license is sought or held, including, but not limited to:768
(A) The completion of the criminal sentence;769
(B) A program and treatment certificate issued by the Board of Corrections;770
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment771
program;772
(D) Testimonials and recommendations, which may include a progress report from the773
individual's probation or parole officer;774
S. B. 157 (SUB)
- 30 - 24 LC 36 5860S
(E) Education and training;775
(F) Employment history;776
(G) Employment aspirations;777
(H) The individual's current family or community responsibilities, or both;778
(I) Whether a bond is required to practice the occupation;779
(J) Any affidavits or other written documents, including, but not limited to, character780
references; and781
(K) Any other information regarding rehabilitation the individual submits to the board.782
(6) In determining whether to terminate and revoke a license, the board shall not consider783
nor require an individual to disclose:784
(A) A deferred adjudication, discharged first offender adjudication, completed785
diversion program, completed conditional discharge, or an arrest not followed by a786
conviction;787
(B) A conviction for which no sentence of incarceration can be imposed;788
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or789
pardoned, provided that the board may consider a plea for which an individual is790
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another791
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;792
(D) A juvenile adjudication;793
(E) A misdemeanor conviction older than five years, unless the offense of conviction794
is listed in Code section 35-3-37(j)(4); or795
(F) A conviction older than five years for which the individual was not incarcerated,796
or a conviction for which the individual's incarceration ended more than five years797
before the date of the board's consideration, except for a felony conviction related to:798
(i) A criminal sexual act;799
(ii) Criminal fraud or embezzlement;800
(iii) Aggravated assault;801
S. B. 157 (SUB)
- 31 - 24 LC 36 5860S
(iv) Aggravated robbery;802
(v) Aggravated abuse, neglect, or endangerment of a child;803
(vi) Arson;804
(vii) Carjacking;805
(viii) Kidnapping; or806
(ix) Manslaughter, homicide, or murder.807
(a.2)(1) Notwithstanding any other provision of law, an individual with a criminal record808
may petition the board of dentistry at any time, including while incarcerated and before809
starting or completing any required professional qualifications for licensure, for a810
predetermination as to whether the individual's criminal record will disqualify him or her811
from obtaining a license.812
(2) The petition for predetermination shall include the individual's criminal record or813
authorize the board to obtain the individual's criminal record. The petitioning individual814
need not disclose any offenses falling under paragraph (6) subsection (a.1) of this Code815
section. The petition shall also include any information the petitioner chooses to submit816
concerning the circumstances of their record and their rehabilitation.817
(3) In considering predetermination petitions, the board shall apply the direct relationship818
standard in subsection (a.1) of this Code section and shall not consider any offenses819
falling under paragraph (6) of subsection (a.1) of this Code section. The board shall820
support any adverse predetermination by justifying that it is substantially more likely than821
not that a criminal record supports an adverse licensing decision.822
(4) A predetermination made under this subsection that a petitioner is eligible for a823
license shall be binding on the board only if the petitioner applies for licensure, fulfills824
all other requirements for the occupational licensure, and the petitioner's submitted825
criminal record was correct and remains unchanged at the time of his or her application826
for a license.827
S. B. 157 (SUB)
- 32 - 24 LC 36 5860S
(5) If a petitioner's criminal record includes matters that may disqualify the petitioner828
from licensure, the board shall notify the petitioner of the potentially disqualifying829
convictions. The letter of concern shall advise the petitioner of their opportunity to830
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.831
(6) The board may predetermine that the petitioner's criminal record is likely grounds for832
denial of a license only after the board has held a hearing on the petitioner's eligibility in833
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The834
hearing shall be held in person, by remote video, or by teleconference within 60 days of835
receipt of the predetermination petition. The individual shall have the opportunity to836
include character witnesses at the hearing, including but not limited to family members,837
friends, past or prospective employers, probation or parole officers, and rehabilitation838
counselors, who may offer their verbal or written support. The professional licensing839
board shall not make an adverse inference by a petitioner's decision to forgo a hearing or840
character witnesses. The board shall issue a final decision within 60 days of complete841
submission of the issue for consideration or the hearing, whichever is later.842
(7) If the professional licensing board decides that a predetermination petitioner is843
ineligible for a license, the board shall notify the petitioner of the following:844
(A) The grounds and rationale for the predetermination, including the specific845
convictions and the factors in subsection (a.1) of this Code section the board deemed846
directly relevant;847
(B) An explanation of the process and right to appeal the board's predetermination848
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and849
(C) Any actions the petitioner may take to remedy the disqualification. An individual850
who receives a predetermination of ineligibility may submit a revised petition reflecting851
completion of the remedial actions. The individual may submit a new petition to the852
board not before one year following a final judgment on their initial petition or upon853
completing the remedial actions, whichever is earlier.854
S. B. 157 (SUB)
- 33 - 24 LC 36 5860S
(8) The denial of a predetermination petition because of the applicant's criminal record855
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative856
hearing or civil action reviewing the denial of a predetermination petition, the board shall857
have the burden of proving that the applicant's criminal record directly relates to the858
licensed occupation."859
SECTION 2-8.860
Said title is further amended in Code Section 43-11-71, relating to qualifications of861
applicants for license and criminal background check, by revising subsection (a) and by862
adding two new subsections to read as follows:863
"(a) No person shall be entitled to or be issued such license as set out in Code Section864
43-11-70 unless such person is at least 18 years of age, of good moral character, and a865
graduate of a dental hygiene program recognized by the board and accredited by the866
Commission on Dental Accreditation of the American Dental Association (ADA) or its867
successor agency which is operated by a school or college accredited by an institutional868
accrediting agency recognized by the United States Department of Education whose869
curriculum is at least two academic years of courses at the appropriate level and at the870
completion of which an associate or baccalaureate degree is awarded.871
(b) Application for a license under Code Section 43-11-70 shall constitute consent for872
performance of a criminal background check. Each applicant who submits an application873
to the board for licensure agrees to provide the board with any and all information874
necessary to run a criminal background check, including but not limited to classifiable sets875
of fingerprints. The applicant shall be responsible for all fees associated with the876
performance of a background check.877
(c) Notwithstanding subsections (a) and (b) of this Code section, the board of dentistry878
shall refuse to grant a license to an individual or shall revoke a license only if a conviction879
directly relates to the occupation for which the license is sought or held and granting the880
S. B. 157 (SUB)
- 34 - 24 LC 36 5860S
license would pose a direct and substantial risk to public safety because the individual has881
not been rehabilitated to safely perform the duties and responsibilities of the practice of a882
dental hygienist. In determining if a conviction directly relates to the occupation for which883
the license is sought or held, the board of dentistry shall consider:884
(1) The nature and seriousness of the offense and the direct relationship of the criminal885
conduct to the duties and responsibilities of the occupation for which the license is sought886
or held;887
(2) The age of the individual at the time the offense was committed;888
(3) The length of time elapsed since the offense was committed;889
(4) All circumstances relative to the offense, including, but not limited to, mitigating890
circumstances or social conditions surrounding the commission of the offense; and891
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation892
for which the license is sought or held, including, but not limited to:893
(A) The completion of the criminal sentence;894
(B) A program and treatment certificate issued by the Board of Corrections;895
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment896
program;897
(D) Testimonials and recommendations, which may include a progress report from the898
individual's probation or parole officer;899
(E) Education and training;900
(F) Employment history;901
(G) Employment aspirations;902
(H) The individual's current family or community responsibilities, or both;903
(I) Whether a bond is required to practice the occupation;904
(J) Any affidavits or other written documents, including, but not limited to, character905
references; and906
(K) Any other information regarding rehabilitation the individual submits to the board.907
S. B. 157 (SUB)
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(6) In determining whether to terminate and revoke a license, the board shall not consider908
nor require an individual to disclose:909
(A) A deferred adjudication, discharged first offender treatment, completed diversion910
program, completed conditional discharge, or an arrest not followed by a conviction;911
(B) A conviction for which no sentence of incarceration can be imposed;912
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or913
pardoned, provided that the board may consider a plea for which an individual is914
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another915
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;916
(D) A juvenile adjudication;917
(E) A misdemeanor conviction older than five years, unless the offense of conviction918
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or919
(F) A conviction older than five years for which the individual was not incarcerated,920
or a conviction for which the individual's incarceration ended more than five years921
before the date of the board's consideration, except for a felony conviction related to:922
(i) A criminal sexual act;923
(ii) Criminal fraud or embezzlement;924
(iii) Aggravated assault;925
(iv) Aggravated robbery;926
(v) Aggravated abuse, neglect, or endangerment of a child;927
(vi) Arson;928
(vii) Carjacking;929
(viii) Kidnapping; or930
(ix) Manslaughter, homicide, or murder.931
(d)(1) Notwithstanding any other provision of law, an individual with a criminal record932
may petition the board of dentistry at any time, including while incarcerated and before933
starting or completing any required professional qualifications for licensure, for a934
S. B. 157 (SUB)
- 36 - 24 LC 36 5860S
predetermination as to whether the individual's criminal record will disqualify him or her935
from obtaining a license.936
(2) The petition for predetermination shall include the individual's criminal record or937
authorize the board to obtain the individual's criminal record. The petitioning individual938
need not disclose any offenses falling under subparagraph (c)(6)(F) of this Code section. 939
The petition shall also include any information the petitioner chooses to submit940
concerning the circumstances of their record and their rehabilitation.941
(3) In considering predetermination petitions, the professional licensing board shall apply942
the direct relationship standard in subsection (c) of this Code section and shall not943
consider any offenses falling under subparagraph (c)(6)(F) of this Code section. The944
board shall support any adverse predetermination by justifying that it is substantially945
more likely than not that a criminal record supports an adverse licensing decision.946
(4) A predetermination made under this subsection that a petitioner is eligible for a947
license shall be binding on the professional licensing board only if the petitioner applies948
for licensure, fulfills all other requirements for the occupational licensure, and the949
petitioner's submitted criminal record was correct and remains unchanged at the time of950
his or her application for a license.951
(5) If a petitioner's criminal record includes matters that may disqualify the petitioner952
from licensure, the board shall notify the petitioner of the potentially disqualifying953
convictions. The letter of concern shall advise the petitioner of their opportunity to954
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.955
(6) The board may predetermine that the petitioner's criminal record is likely grounds for956
denial of a license only after the board has held a hearing on the petitioner's eligibility in957
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The958
hearing shall be held in person, by remote video, or by teleconference within 60 days of959
receipt of the predetermination petition. The individual shall have the opportunity to960
include character witnesses at the hearing, including but not limited to family members,961
S. B. 157 (SUB)
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friends, past or prospective employers, probation or parole officers, and rehabilitation962
counselors, who may offer their verbal or written support. The professional licensing963
board shall not make an adverse inference by a petitioner's decision to forgo a hearing or964
character witnesses. The board shall issue a final decision within 60 days of complete965
submission of the issue for consideration or the hearing, whichever is later.966
(7) If the board decides that a predetermination petitioner is ineligible for a license, the967
board shall notify the petitioner of the following:968
(A) The grounds and rationale for the predetermination, including the specific969
convictions and the factors in subsection (c) of this Code section the board deemed970
directly relevant;971
(B) An explanation of the process and right to appeal the board's predetermination972
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and973
(C) Any actions the petitioner may take to remedy the disqualification. An individual974
who receives a predetermination of ineligibility may submit a revised petition reflecting975
completion of the remedial actions. The individual may submit a new petition to the976
board not before one year following a final judgment on their initial petition or upon977
completing the remedial actions, whichever is earlier.978
(8) The denial of a predetermination petition because of the applicant's criminal record979
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative980
hearing or civil action reviewing the denial of a predetermination petition, the board shall981
have the burden of proving that the applicant's criminal record directly relates to the982
licensed occupation."983
SECTION 2-9.984
Said title is further amended by revising Code Section 43-18-46, relating to grounds for985
denial or revocation of license or registration and other discipline for funeral directors and986
embalmers, as follows:987
S. B. 157 (SUB)
- 38 - 24 LC 36 5860S
"43-18-46.988
In addition to the authority and provided in Code Section 43-1-19, the board may refuse989
to grant a license to operate a funeral establishment or to practice embalming or funeral990
directing, may refuse to grant a registration to serve as an apprentice, or may revoke,991
suspend, fine, or otherwise discipline a licensee or registrant upon any of the following992
grounds:993
(1) The employment of fraud or deception in applying for a license or registration or in994
passing the examination provided for in this article;995
(2) Issuance of a license or registration through error;996
(3) Conviction of a crime involving moral turpitude;997
(4)(3) The practice of embalming or funeral directing under a false name or the998
impersonation of another embalmer, funeral director, or apprentice of a like or different999
name;1000
(5)(4) The making of a false statement or representation regarding the qualifications,1001
training, or experience of any applicant;1002
(6)(5) The making of a misrepresentation of any kind regarding any funeral merchandise;1003
(7)(6) Directly or indirectly, by gifts or otherwise, committing the offense of buying1004
business or paying a commission or making gifts, directly or indirectly, for the purpose1005
of securing business to any physician or hospital, or to any institution where death occurs,1006
or to any hospital superintendent, nurse, intern, or employee of any hospital, nursing1007
home, or other institution where death occurs; or to any coroner or other government1008
official;1009
(8)(7) Gross or willful malpractice or gross neglect in the practice of embalming, funeral1010
directing, or cremating;1011
(9)(8) Signing a death certificate as having embalmed or prepared a body for burial or1012
preservation when in fact someone else performed such embalming or preparation;1013
S. B. 157 (SUB)
- 39 - 24 LC 36 5860S
(10)(9) Interfering, either directly or indirectly, with a licensed embalmer or funeral1014
director having legal charge of a dead human body;1015
(11)(10) Using any statements that mislead or deceive the public including, but not1016
limited to, false or misleading statements regarding a legal or cemetery requirement,1017
funeral merchandise, funeral services, or in the operation of a funeral establishment;1018
(12)(11) Failing to fulfill the terms of a funeral service contract;1019
(13)(12) Disregarding a decedent's dignity, right to privacy, or right to confidentiality1020
unless compelled by law to do otherwise;1021
(14)(13) Using profane, indecent, or obscene language in the presence of a dead human1022
body, or within the immediate hearing of the family or relatives of a deceased, whose1023
body has not yet been interred or otherwise disposed;1024
(15)(14) Failing to turn assigned benefits in excess of charges incurred over to the1025
assignee of the deceased within ten working days of receipt of the assigned funds;1026
(16)(15) Refusing to surrender promptly the custody of a dead human body upon the1027
express order of the person lawfully entitled to the custody;1028
(17)(16) Failing to have the charges rendered to be in compliance with those listed in the1029
funeral establishment general price list, the casket price list, the outer burial container list,1030
or the funeral service contract price list;1031
(18)(17) Aiding or abetting an unlicensed person to practice under this article;1032
(19)(18) Promoting or participating in a burial society, burial association, burial1033
certificate plan, or burial membership plan;1034
(20)(19) Soliciting, as defined in paragraph (21) of Code Section 43-18-1;1035
(21)(20) Presenting a false certification of work done by an apprentice or as an1036
apprentice;1037
(22)(21) Willfully violating any state law or regulation; Federal Trade Commission law1038
or regulation; Occupational Safety and Health Administration law or regulation;1039
Department of Public Health law or regulation; Environmental Protection Agency law1040
S. B. 157 (SUB)
- 40 - 24 LC 36 5860S
or regulation; or municipal or county ordinance or regulation that affects the handling,1041
custody, care, or transportation of dead human bodies, including, but not limited to, the1042
disposal of equipment, residual fluids, or medical wastes;1043
(23)(22) Knowingly making any misleading, deceptive, untrue, or fraudulent1044
representation in the practice of funeral directing or embalming or in any document1045
connected therewith;1046
(24)(23) Discriminating in the provision of services because of race, creed, color,1047
religion, gender, or national origin;1048
(25)(24) Failing to safeguard all personal properties that were obtained from dead human1049
remains and failing to dispose of same as directed by a legally authorized person;1050
(26)(25) Failing to refund moneys due as a result of overpayment by an insurance1051
company or other third party;1052
(27)(26) Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious1053
conduct or practice harmful to the public, which conduct or practice that materially1054
affects the fitness of the licensee or registrant to practice in the funeral business, or is of1055
a nature likely to jeopardize the interest of the general public, which conduct or practice1056
and that need not have resulted in actual injury to any person or be directly related to the1057
practice of funeral directing or embalming but shows that the person has committed any1058
act or omission which is indicative of bad moral character or untrustworthiness;1059
unprofessional untrustworthiness. Unprofessional conduct shall also include any1060
departure from or failure to conform to the minimal reasonable standards of acceptable1061
and prevailing practice of funeral services;1062
(28)(27) Engaging in any practice whereby a person who is both a funeral director and1063
a coroner or who is both a funeral director and a minister presents that person as a funeral1064
director to a legally authorized person when death is imminent or after death occurs prior1065
to when the legally authorized person selects a funeral director or funeral establishment1066
which will handle the dead human body;1067
S. B. 157 (SUB)
- 41 - 24 LC 36 5860S
(29)(28) Practicing embalming or funeral directing or operating a funeral establishment1068
or crematory prior to the board's having approved an application for licensure; or1069
(30)(29) Failing to satisfy the funeral director in full and continuous charge requirements1070
as set out in Code Section 43-18-71 or funeral establishment requirements as set out in1071
Code Section 43-18-70."1072
SECTION 2-10.1073
Said title is further amended in Code Section 43-24A-9, relating to provisional permits for1074
massage therapists, by revising subsection (a) as follows:1075
"(a) A provisional permit to practice as a provisionally permitted massage therapist shall,1076
upon proper application, be issued for a six-month period to an applicant who meets the1077
following criteria:1078
(1) Holds and maintains a valid license as a massage therapist in another state;1079
(2) Is not a resident of this state as confirmed in a secure and verifiable document, as1080
defined in Code Section 50-36-2;1081
(3) Has not had a license or permit to practice as a massage therapist voided, revoked,1082
suspended, denied, or annulled by this state or another state, territory, or jurisdiction; and1083
(4) Has not been convicted of a directly related felony in the courts of this state, any1084
other state, territory, or country, or in the courts of the United States, including, but not1085
limited to, a plea of nolo contendere entered to such charge or the affording of first1086
offender treatment to any such charge a plea to such charge for which an individual is1087
currently serving a first offender sentence in the same manner as provided in paragraph1088
(4) of subsection (a) of subsection (q) of Code Section 43-1-19. For purposes of this1089
paragraph, the term 'felony' shall have the same meaning as provided in Code Section1090
43-1-1."1091
S. B. 157 (SUB)
- 42 - 24 LC 36 5860S
SECTION 2-11.1092
Said title is further amended in Code Section 43-26-11, relating to denial or revocation of1093
licenses and other discipline under the "Georgia Registered Professional Nurse Practice Act,"1094
by revising paragraph (1) as follows:1095
"(1) Been convicted of any directly related felony, crime involving moral turpitude, or1096
directly related crime violating a federal or state law relating to controlled substances or1097
dangerous drugs in the courts of this state, any other state, territory, or country, or in the1098
courts of the United States, including but not limited to a plea of nolo contendere entered1099
to the charge,; provided, however, that such conviction shall be evaluated as provided by1100
subsection (q) of Code Section 43-1-19; or"1101
SECTION 2-12.1102
Said title is further amended by revising Code Section 43-26-40, relating to refusal to grant1103
license and revocation of registered practical nurses licenses and disciplining of licensees,1104
as follows:1105
"43-26-40.1106
(a) In addition to the authority granted in Code Section 43-1-19, the board shall have the1107
authority to refuse to grant a license to an applicant, to revoke the license of a licensee, or1108
to discipline a licensee upon a finding by the board that the applicant or licensee has:1109
(1) Been convicted of a directly related felony, a crime involving moral turpitude, or any1110
directly related crime violating a federal or state law relating to controlled substances or1111
dangerous drugs or marijuana in the courts of this state, any other state, territory, or1112
country, or in the courts of the United States, including, but not limited to, a plea of nolo1113
contendere entered to the charge; provided, however, that such conviction shall be1114
evaluated as provided by subsection (q) of Code Section 43-1-19;1115
S. B. 157 (SUB)
- 43 - 24 LC 36 5860S
(2) Had a license to practice nursing revoked, suspended, or annulled by any lawful1116
licensing authority, had other disciplinary action taken by any lawful licensing authority,1117
or was denied a license by any lawful licensing authority;1118
(3) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or1119
practice harmful to the public, which conduct or practice need not have resulted in actual1120
injury to any person. As used in this paragraph, the term 'unprofessional conduct'1121
includes the improper charting of medication and any departure from, or the failure to1122
conform to, the minimal standards of acceptable and prevailing nursing practice;1123
(4) Violated or attempted to violate a law or any lawfully promulgated rule or regulation1124
of this state, any other state, the board, the United States, or any other lawful authority,1125
without regard to whether the violation is criminally punishable, which statute, law, or1126
rule or regulation relates to or in part regulates the practice of nursing, when the licensee1127
or applicant knows or should know that such action is violative of such law or rule;1128
(5) Violated a lawful order of the board previously entered by the board in a disciplinary1129
hearing; or1130
(6) Displayed an inability to practice nursing as a licensed practical nurse with1131
reasonable skill and safety due to illness, use of alcohol, drugs, narcotics, chemicals, or1132
any other types of material, or as a result of any mental or physical condition:1133
(A) In enforcement of this paragraph, the board may, upon reasonable grounds, require1134
a licensee or applicant to submit to a mental or physical examination by a board1135
approved health care professional. The expense of such mental or physical examination1136
shall be borne by the licensee or applicant. The results of such examination shall be1137
admissible in any hearing before the board, notwithstanding any claim of privilege1138
under contrary law or rule. Every person who is licensed to practice practical nursing1139
as a licensed practical nurse in this state, or an applicant for examination, endorsement,1140
or reinstatement, shall be deemed to have given such person's consent to submit to such1141
mental or physical examination and to have waived all objections to the admissibility1142
S. B. 157 (SUB)
- 44 - 24 LC 36 5860S
of the results in any hearing before the board upon the grounds that the same constitutes1143
a privileged communication. If a licensee or applicant fails to submit to such an1144
examination when properly directed to do so by the board, unless such failure was due1145
to circumstances beyond that person's control, the board may enter a final order upon1146
proper notice, hearing, and proof of such refusal. Any licensee or applicant who is1147
prohibited from practicing under this paragraph shall at reasonable intervals be afforded1148
an opportunity to demonstrate to the board that such person can resume or begin to1149
practice practical nursing as a licensed practical nurse with reasonable skill and safety;1150
and1151
(B) In enforcement of this paragraph, the board may, upon reasonable grounds, obtain1152
any and all records relating to the mental or physical condition of a licensee or1153
applicant, including psychiatric records; such records shall be admissible in any hearing1154
before the board, notwithstanding any privilege under a contrary rule, law, or statute.1155
Every person who is licensed in this state or who shall file an application for said1156
license shall be deemed to have given such person's consent to the board's obtaining1157
such records and to have waived all objections to the admissibility of such records in1158
any hearing before the board upon the grounds that the same constitute a privileged1159
communication.1160
(b) Neither denial of an initial license, the issuance of a private reprimand, the denial of1161
a license by endorsement under Code Section 43-26-38, nor the denial of a request for1162
reinstatement of a license on the grounds that the applicant or licensee has failed to meet1163
the minimum requirements shall be considered a contested case within the meaning of1164
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and notice and hearing1165
within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or1166
licensee shall be allowed to appear before the board if he or she so requests.1167
(c) Notwithstanding any other provision of this Code section, the denial of an initial1168
license or the denial of a request for reinstatement of a license on the grounds that the1169
S. B. 157 (SUB)
- 45 - 24 LC 36 5860S
applicant or licensee is disqualified due to a criminal record shall be in accordance with1170
subsection (a) of Code Section 43-1-19."1171
SECTION 2-13.1172
Said title is further amended in Code Section 43-34-8, relating to the authority of the1173
Composite Medical Board to refuse license, certificate, or permit medical professionals or1174
to issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and1175
publication of final disciplinary actions, by revising paragraph (3) of subsection (a) as1176
follows:1177
"(3) Been convicted of a felony in the courts of this state or any other state, territory,1178
country, or of the United States. As used in this paragraph, the term 'conviction of a1179
felony' shall include a conviction of an offense which if committed in this state would be1180
deemed a felony under either state or federal law, without regard to its designation1181
elsewhere. As used in this paragraph, the term 'conviction' shall include a finding or1182
verdict of guilt, a plea of guilty resulting in first offender status, or a plea of nolo1183
contendere in a criminal proceeding, regardless of whether the adjudication of guilt or1184
sentence is withheld or not entered thereon;. It shall also include a plea for which an1185
individual is currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42,1186
another state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1187
(3.1) Been convicted of any directly related felony or directly related crime violating a1188
federal or state law relating to controlled substances or dangerous drugs in the courts of1189
this state, any other state, territory, or country, or in the courts of the United States,1190
including but not limited to a plea of nolo contendere entered to the charge; provided,1191
however, that such conviction shall be considered in the manner prescribed by subsection1192
(q) of Code Section 43-1-19;"1193
S. B. 157 (SUB)
- 46 - 24 LC 36 5860S
SECTION 2-14.1194
Said title is further amended in Code Section 43-34-8, relating to the authority of the1195
Composite Medical Board to refuse license, certificate, or permit medical professionals or1196
to issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and1197
publication of final disciplinary actions, by adding two new subsections to read as follows:1198
"(a.1) Notwithstanding paragraphs (3), (3.1), (4), and (11) of subsection (a) of this Code1199
section, the medical board shall refuse to grant a license to an individual or shall revoke a1200
license only if a conviction directly relates to the occupation for which the license is sought1201
or held and granting the license would pose a direct and substantial risk to public safety1202
because the individual has not been rehabilitated to safely perform the duties and1203
responsibilities of the practice of medicine. In determining if a conviction directly relates1204
to the occupation for which the license is sought or held, the medical board shall consider:1205
(1) The nature and seriousness of the offense and the direct relationship of the criminal1206
conduct to the duties and responsibilities of the occupation for which the license is sought1207
or held;1208
(2) The age of the individual at the time the offense was committed;1209
(3) The length of time elapsed since the offense was committed;1210
(4) All circumstances relative to the offense, including, but not limited to, mitigating1211
circumstances or social conditions surrounding the commission of the offense; and1212
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1213
for which the license is sought or held, including, but not limited to:1214
(A) The completion of the criminal sentence;1215
(B) A program and treatment certificate issued by the Board of Corrections;1216
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1217
program;1218
(D) Testimonials and recommendations, which may include a progress report from the1219
individual's probation or parole officer;1220
S. B. 157 (SUB)
- 47 - 24 LC 36 5860S
(E) Education and training;1221
(F) Employment history;1222
(G) Employment aspirations;1223
(H) The individual's current family or community responsibilities, or both;1224
(I) Whether a bond is required to practice the occupation;1225
(J) Any affidavits or other written documents, including, but not limited to, character1226
references; and1227
(K) Any other information regarding rehabilitation the individual submits to the board.1228
(6) In determining whether to terminate and revoke a license, the board shall not consider1229
nor require an individual to disclose:1230
(A) A deferred adjudication, discharged first offender treatment, completed diversion1231
program, completed conditional discharge, or an arrest not followed by a conviction;1232
(B) A conviction for which no sentence of incarceration can be imposed;1233
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1234
pardoned, provided that the board may consider a plea for which an individual is1235
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1236
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1237
(D) A juvenile adjudication;1238
(E) A misdemeanor conviction older than five years, unless the offense of conviction1239
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1240
(F) A conviction older than five years for which the individual was not incarcerated,1241
or a conviction for which the individual's incarceration ended more than five years1242
before the date of the board's consideration, except for a felony conviction related to:1243
(i) A criminal sexual act;1244
(ii) Criminal fraud or embezzlement;1245
(iii) Aggravated assault;1246
(iv) Aggravated robbery;1247
S. B. 157 (SUB)
- 48 - 24 LC 36 5860S
(v) Aggravated abuse, neglect, or endangerment of a child;1248
(vi) Arson;1249
(vii) Carjacking;1250
(viii) Kidnapping; or1251
(ix) Manslaughter, homicide, or murder.1252
(a.2)(1) Notwithstanding any other provision of law, an individual with a criminal record1253
may petition the board at any time, including while incarcerated and before starting or1254
completing any required professional qualifications for licensure, for a predetermination1255
as to whether the individual's criminal record will disqualify him or her from obtaining1256
a license.1257
(2) The petition for predetermination shall include the individual's criminal record or1258
authorize the board to obtain the individual's criminal record. The petitioning individual1259
need not disclose any offenses falling under paragraph (a.1)(6) of this Code section. The1260
petition shall also include any information the petitioner chooses to submit concerning1261
the circumstances of their record and their rehabilitation.1262
(3) In considering predetermination petitions, the professional licensing board shall apply1263
the direct relationship standard in subsection (a.1) of this subsection and shall not1264
consider any offenses falling under paragraph (a.1)(6) of this Code section. The board1265
shall support any adverse predetermination by justifying that it is substantially more1266
likely than not that a criminal record supports an adverse licensing decision.1267
(4) A predetermination made under this subsection that a petitioner is eligible for a1268
license shall be binding on the board only if the petitioner applies for licensure, fulfills1269
all other requirements for the occupational license, and the petitioner's submitted criminal1270
record was correct and remains unchanged at the time of his or her application for a1271
license.1272
(5) If a petitioner's criminal record includes matters that may disqualify the petitioner1273
from licensure, the board shall notify the petitioner of the potentially disqualifying1274
S. B. 157 (SUB)
- 49 - 24 LC 36 5860S
convictions. The letter of concern shall advise the petitioner of their opportunity to1275
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.1276
(6) The board may predetermine that the petitioner's criminal record is likely grounds for1277
denial of a license only after the board has held a hearing on the petitioner's eligibility in1278
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The1279
hearing shall be held in person, by remote video, or by teleconference within 60 days of1280
receipt of the predetermination petition. The individual shall have the opportunity to1281
include character witnesses at the hearing, including but not limited to family members,1282
friends, past or prospective employers, probation or parole officers, and rehabilitation1283
counselors, who may offer their verbal or written support. The board shall not make an1284
adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The1285
board shall issue a final decision within 60 days of complete submission of the issue for1286
consideration or the hearing, whichever is later.1287
(7) If the board decides that a predetermination petitioner is ineligible for a license, the1288
board shall notify the petitioner of the following:1289
(A) The grounds and rationale for the predetermination, including any of the1290
petitioner's specific convictions and the factors provided for in subsection (a.2) of this1291
Code section the board deemed directly relevant;1292
(B) An explanation of the process and right to appeal the board's predetermination1293
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and1294
(C) Any actions the petitioner may take to remedy the disqualification. An individual1295
who receives a predetermination of ineligibility may submit a revised petition reflecting1296
completion of the remedial actions. The individual may submit a new petition to the1297
board not before one year following a final judgment on their initial petition or upon1298
completing the remedial actions, whichever is earlier.1299
(8) The denial of a predetermination petition because of the applicant's criminal record1300
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative1301
S. B. 157 (SUB)
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hearing or civil action reviewing the denial of a predetermination petition, the board shall1302
have the burden of proving that the applicant's criminal record directly relates to the1303
licensed occupation."1304
SECTION 2-15.1305
Said title is further amended in Code Section 43-34-107, relating to termination of approval1306
and revocation of licenses of physician assistants by the Composite Medical Board, notice1307
and hearing, and sanctions, by revising subsection (a) as follows:1308
"(a)(1) The approval of a physician's utilization of a physician assistant may be1309
terminated and the license revoked by the board when, after due notice and a hearing, in1310
accordance with this Code section, it shall find that the assistant is incompetent or has1311
committed unethical or immoral acts, including, but not limited to, holding himself or1312
herself out or permitting another to represent him or her as a licensed physician;1313
performing otherwise than at the direction of a physician approved by the board to utilize1314
the assistant's services; habitually using intoxicants or drugs to such an extent that he or1315
she is unable safely to perform as an assistant to the physician; or being convicted in any1316
court, state or federal, of any felony or other criminal offense involving moral turpitude1317
covered misdemeanor.1318
(2) The board shall recommend action to terminate and revoke on the basis of a criminal1319
conviction or adjudication only if the conviction or adjudication directly relates to the1320
role of a physician assistant. In determining if a criminal conviction or adjudication1321
directly relates to the role of a physician assistant, the board shall consider:1322
(A) The nature and seriousness of the crime and the direct relationship of the criminal1323
conduct to the duties and responsibilities of the physician assistant;1324
(B) The age of the individual at the time such crime was committed;1325
(C) The length of time elapsed since such crime was committed;1326
S. B. 157 (SUB)
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(D) All circumstances relative to such crime, including, but not limited to, mitigating1327
circumstances or social conditions surrounding the commission of the offense; and1328
(E) Evidence of rehabilitation and present fitness to perform the duties of the1329
occupation for which the certificate is sought or held, including, but not limited to:1330
(i) The completion of the criminal sentence;1331
(ii) A program and treatment certificate issued by the Board of Corrections;1332
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1333
treatment program;1334
(iv) Testimonials and recommendations, which may include a progress report from1335
the individual's probation or parole officer;1336
(v) Education and training;1337
(vi) Employment history;1338
(vii) Employment aspirations;1339
(viii) The individual's current family or community responsibilities, or both;1340
(ix) Whether a bond is required to practice the occupation;1341
(x) Any affidavits or other written documents, including, but not limited to, character1342
references; and1343
(xi) Any other information regarding rehabilitation the individual submits to the1344
board.1345
(3) In determining whether to terminate and revoke a license, the board or investigator1346
shall not consider nor require an individual to disclose:1347
(A) A deferred adjudication, discharged first offender treatment, completed diversion1348
program, completed conditional discharge, or an arrest not followed by a conviction;1349
(B) A conviction for which no sentence of incarceration can be imposed;1350
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1351
pardoned, provided that the board may consider a plea for which an individual is1352
S. B. 157 (SUB)
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currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1353
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1354
(D) A juvenile adjudication;1355
(E) A misdemeanor conviction older than five years, unless the offense of conviction1356
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1357
(F) A conviction older than five years for which the individual was not incarcerated,1358
or a conviction for which the individual's incarceration ended more than five years1359
before the date of the board's consideration, except for a felony conviction related to:1360
(i) A criminal sexual act;1361
(ii) Criminal fraud or embezzlement;1362
(iii) Aggravated assault;1363
(iv) Aggravated robbery;1364
(v) Aggravated abuse, neglect, or endangerment of a child;1365
(vi) Arson;1366
(vii) Carjacking;1367
(viii) Kidnapping; or1368
(ix) Manslaughter, homicide, or murder."1369
SECTION 2-16.1370
Said title is further amended in Code Section 43-34-283, relating to licensure requirements1371
for pain management clinics by the Composite Medical Board, by revising subsection (d) as1372
follows:1373
"(d)(1) Upon the filing of an application for a license, the board may cause a thorough1374
investigation of the applicant to be made and such investigation may include a criminal1375
background check; provided, however, that the board shall cause a thorough investigation1376
of a new applicant to be made, and such investigation shall include a background check. 1377
If satisfied that the applicant possesses the necessary qualifications, the board shall issue1378
S. B. 157 (SUB)
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a license. However, the board may issue licenses with varying restrictions to such1379
persons where the board deems it necessary for the purpose of safeguarding the public1380
health, safety, and welfare.1381
(2) The board shall recommend action to deny licensure on the basis of a criminal1382
conviction or adjudication only if the conviction or adjudication directly relates to the1383
administration of a pain management clinic. In determining if a criminal conviction or1384
adjudication directly relates to the administration of a pain management clinic, the board1385
shall consider:1386
(A) The nature and seriousness of the crime and the direct relationship of the criminal1387
conduct to the duties and responsibilities of the licensee;1388
(B) The age of the individual at the time such crime was committed;1389
(C) The length of time elapsed since such crime was committed;1390
(D) All circumstances relative to such crime, including, but not limited to, mitigating1391
circumstances or social conditions surrounding the commission of the offense; and1392
(E) Evidence of rehabilitation and present fitness to perform the duties of the1393
occupation for which the certificate is sought or held, including, but not limited to:1394
(i) The completion of the criminal sentence;1395
(ii) A program and treatment certificate issued by the Board of Corrections;1396
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1397
treatment program;1398
(iv) Testimonials and recommendations, which may include a progress report from1399
the individual's probation or parole officer;1400
(v) Education and training;1401
(vi) Employment history;1402
(vii) Employment aspirations;1403
(viii) The individual's current family or community responsibilities, or both;1404
(ix) Whether a bond is required to practice the occupation;1405
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(x) Any affidavits or other written documents, including, but not limited to, character1406
references; and1407
(xi) Any other information regarding rehabilitation the individual submits to the1408
board."1409
SECTION 2-17.1410
Said title is further amended by revising Code Section 43-34-284, relating to denial,1411
suspension, and revocation of licenses of pain management clinics by the Composite Medical1412
Board, as follows:1413
"43-34-284.1414
(a) In addition to the authority granted in Code Section 43-34-8, a license obtained1415
pursuant to this article may be denied, suspended, or revoked by the board upon finding1416
that the licensee or a physician practicing at a licensed pain management clinic has: 1417
(1) Furnished false or fraudulent material information in any application filed under this1418
chapter;1419
(2) Been convicted of a crime under any state or federal law relating to any controlled1420
substance;1421
(3) Had his or her federal registration to prescribe, distribute, or dispense controlled1422
substances suspended or revoked; or1423
(4) Violated the provisions of this chapter, Chapter 13 of Title 16, or Chapter 4 of Title1424
26.1425
(b) In determining whether to deny, suspend, or revoke a license based upon a criminal1426
conviction or adjudication, the board shall consider:1427
(1) The nature and seriousness of the crime and the direct relationship of the criminal1428
conduct to the duties and responsibilities of the physician practicing at a licensed pain1429
management clinic;1430
(2) The age of the individual at the time such crime was committed;1431
S. B. 157 (SUB)
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(3) The length of time elapsed since such crime was committed;1432
(4) All circumstances relative to such crime, including, but not limited to, mitigating1433
circumstances or social conditions surrounding the commission of the offense; and1434
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1435
for which the license is sought or held, including, but not limited to:1436
(A) The completion of the criminal sentence;1437
(B) A program treatment certificate issued by the Board of Corrections;1438
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1439
program;1440
(D) Testimonials and recommendations, which may include a progress report from the1441
individual's probation or parole officer;1442
(E) Education and training;1443
(F) Employment history;1444
(G) Employment aspirations;1445
(H) The individual's current family or community responsibilities, or both;1446
(I) Whether a bond is required to practice the occupation;1447
(J) Any affidavits or other written documents, including, but not limited to, character1448
references; and1449
(K) Any other information regarding rehabilitation the individual submits to the board."1450
SECTION 2-18.1451
Said title is further amended in Code Section 43-39A-14, relating to grant of licenses for1452
appraisers by the Real Estate Commission and Appraisers Board, grounds for suspension or1453
revocation of license, other sanctions, surrender or lapse, and conviction, by revising1454
subsection (b) as follows:1455
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"(b)(1) As used in this subsection, the term:1456
(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of1457
a felony or any crime involving moral turpitude covered misdemeanor, regardless of1458
whether an appeal of the conviction has been brought; a sentencing to first offender1459
treatment without an adjudication of guilt pursuant to a charge of a felony or any crime1460
involving moral turpitude covered misdemeanor; or a plea of nolo contendere to a1461
charge of a felony or any crime involving moral turpitude covered misdemeanor. The1462
commission shall have the burden of justifying that it is substantially more likely than1463
not that a criminal record supports an adverse licensing decision.1464
(B) 'Felony' means any offense committed:1465
(i) Within this state and deemed a felony under the laws of this state or under the1466
laws of the United States; or1467
(ii) In another state and deemed a felony under the laws of that state or the laws of1468
the United States.1469
(1.1) No person who has a directly related conviction shall be eligible to become an1470
applicant for a license or an approval authorized by this chapter unless such person has1471
successfully completed all terms and conditions of any sentence imposed for such1472
conviction, provided that if such individual has multiple convictions, at least five years1473
shall have passed since the individual satisfied all terms and conditions of any sentence1474
imposed for the last conviction before making application for licensure or approval; and1475
provided, further, that if such individual has a single conviction, at least two years shall1476
have passed since the individual satisfied all terms and conditions of any sentence1477
imposed for the last conviction before making application for licensure or approval.1478
(1.2) The board shall recommend disciplinary action or denial of an application for a1479
licensure or approval authorized by this chapter on the basis of a criminal conviction or1480
adjudication only if the conviction or adjudication directly relates to the role of an1481
S. B. 157 (SUB)
- 57 - 24 LC 36 5860S
appraiser. In determining if a criminal conviction or adjudication directly relates to the1482
role of an appraiser, the board shall consider:1483
(A) The nature and seriousness of the crime and the direct relationship of the criminal1484
conduct to the duties and responsibilities of the appraiser;1485
(B) The age of the individual at the time such crime was committed;1486
(C) The length of time elapsed since such crime was committed;1487
(D) All circumstances relative to such crime, including, but not limited to, mitigating1488
circumstances or social conditions surrounding the commission of the offense; and1489
(E) Evidence of rehabilitation and present fitness to perform the duties of the1490
occupation for which the license is sought or held, including, but not limited to:1491
(i) The completion of the criminal sentence;1492
(ii) A program and treatment certificate issued by the Board of Corrections;1493
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1494
treatment program;1495
(iv) Testimonials and recommendations, which may include a progress report from1496
the individual's probation or parole officer;1497
(v) Education and training;1498
(vi) Employment history;1499
(vii) Employment aspirations;1500
(viii) The individual's current family or community responsibilities, or both;1501
(ix) Any affidavits or other written documents, including, but not limited to, character1502
references; and1503
(x) Any other information regarding rehabilitation the individual submits to the1504
board.1505
(F) In determining whether to terminate and revoke a license, the board shall not1506
consider nor require an individual to disclose:1507
S. B. 157 (SUB)
- 58 - 24 LC 36 5860S
(i) A deferred adjudication, discharged first offender treatment, completed diversion1508
program, completed conditional discharge, or an arrest not followed by a conviction;1509
(ii) A conviction for which no sentence of incarceration can be imposed;1510
(iii) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1511
pardoned, provided that the board may consider a plea for which an individual is1512
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1513
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; or1514
(iv) A juvenile adjudication.1515
(1.2)(1.3) A person who has a directly related conviction in a court of competent1516
jurisdiction of this state or any other state shall be eligible to become an applicant for a1517
licensure or an approval authorized by this chapter only if:1518
(A) Such person has satisfied all terms and conditions of any conviction such person1519
may have had before making application for licensure or approval, provided that if such1520
individual has multiple convictions, at least five years shall have passed since the1521
individual satisfied all terms and conditions of any sentence imposed for the last1522
conviction before making application for licensure or approval; and provided, further,1523
that if such individual has been convicted of a single felony or of a single crime of1524
moral turpitude covered misdemeanor, at least two years shall have passed since the1525
individual satisfied all terms and conditions of any sentence imposed for the last1526
conviction before making application for licensure or approval;1527
(B) No criminal charges for forgery, embezzlement, obtaining money under false1528
pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation1529
violation, or a crime involving moral turpitude covered misdemeanor are pending1530
against the person; and1531
(C) Such person presents to the commission satisfactory proof that the person now1532
bears a good reputation for honesty, trustworthiness, integrity, and competence to1533
S. B. 157 (SUB)
- 59 - 24 LC 36 5860S
transact the business of a licensee in such a manner as to safeguard the interest of the1534
public."1535
SECTION 2-19.1536
Said title is further amended in Code Section 43-40-15, relating to grant of licenses for1537
brokers and salespersons by the Real Estate Commission and Appraisers Board, grounds for1538
suspension or revocation of license, other sanctions, surrender or lapse, and conviction, by1539
revising subsection (b) as follows:1540
"(b)(1) As used in this Code section, the term:1541
(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of1542
a felony or any crime involving moral turpitude covered misdemeanor, regardless of1543
whether an appeal of the conviction has been brought; a sentencing to first offender1544
treatment without an adjudication of guilt pursuant to a charge of a felony or any crime1545
involving moral turpitude a covered misdemeanor; or a plea of nolo contendere to a1546
charge of a felony or any crime involving moral turpitude covered misdemeanor. The1547
commission shall have the burden of justifying that it is substantially more likely than1548
not that a criminal record supports an adverse licensing decision.1549
(B) 'Felony' means any offense committed:1550
(i) Within this state and deemed a felony under the laws of this state or under the1551
laws of the United States; or1552
(ii) In another state and deemed a felony under the laws of that state or the laws of1553
the United States.1554
(1.1) No person who has a directly related conviction shall be eligible to become an1555
applicant for a license or an approval authorized by this chapter unless such person has1556
successfully completed all terms and conditions of any sentence imposed for such1557
conviction, provided that if such individual has multiple convictions, at least five years1558
shall have passed since the individual satisfied all terms and conditions of any sentence1559
S. B. 157 (SUB)
- 60 - 24 LC 36 5860S
imposed for the last conviction before making application for licensure or approval; and1560
provided, further, that if such individual has a single conviction, at least two years shall1561
have passed since the individual satisfied all terms and conditions of any sentence1562
imposed for the last conviction before making application for licensure or approval.1563
(1.2) The commission shall recommend disciplinary action or denial of an application1564
for a licensure or approval authorized by this chapter on the basis of a criminal conviction1565
or adjudication only if the conviction or adjudication directly relates to the role of the1566
license sought. In determining if a criminal conviction or adjudication directly relates to1567
the role of a broker or real estate salesperson, the commission shall consider:1568
(A) The nature and seriousness of the crime and the direct relationship of the criminal1569
conduct to the duties and responsibilities of the licensee;1570
(B) The age of the individual at the time such crime was committed;1571
(C) The length of time elapsed since such crime was committed;1572
(D) All circumstances relative to such crime, including, but not limited to, mitigating1573
circumstances or social conditions surrounding the commission of the offense; and1574
(E) Evidence of rehabilitation and present fitness to perform the duties of the1575
occupation for which the license is sought or held, including, but not limited to:1576
(i) The completion of the criminal sentence;1577
(ii) A program and treatment certificate issued by the Board of Corrections;1578
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1579
treatment program;1580
(iv) Testimonials and recommendations, which may include a progress report from1581
the individual's probation or parole officer;1582
(v) Education and training;1583
(vi) Employment history;1584
(vii) Employment aspirations;1585
(viii) The individual's current family or community responsibilities, or both;1586
S. B. 157 (SUB)
- 61 - 24 LC 36 5860S
(ix) Any affidavits or other written documents, including, but not limited to, character1587
references; and1588
(x) Any other information regarding rehabilitation the individual submits to the1589
commission.1590
(F) In determining whether to terminate and revoke a license, the board shall not1591
consider nor require an individual to disclose:1592
(i) A deferred adjudication, discharged first offender treatment, completed diversion1593
program, completed conditional discharge, or an arrest not followed by a conviction;1594
(ii) A conviction for which no sentence of incarceration can be imposed;1595
(iii) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1596
pardoned, provided that the board may consider a plea for which an individual is1597
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1598
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; or1599
(iv) A juvenile adjudication.1600
(1.2)(1.3) A person who has a directly related conviction in a court of competent1601
jurisdiction of this state or any other state shall be eligible to become an applicant for a1602
licensure or an approval authorized by this chapter only if:1603
(A) Such person has satisfied all terms and conditions of any conviction such person1604
may have had before making application for licensure or approval, provided that if such1605
individual has multiple convictions, at least five years shall have passed since the1606
individual satisfied all terms and conditions of any sentence imposed for the last1607
conviction before making application for licensure or approval; and provided, further,1608
that if such individual has been convicted of a single felony or of a single crime of1609
moral turpitude covered misdemeanor, at least two years shall have passed since the1610
individual satisfied all terms and conditions of any sentence imposed for the last1611
conviction before making application for licensure or approval;1612
S. B. 157 (SUB)
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(B) No criminal charges for forgery, embezzlement, obtaining money under false1613
pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation1614
violation, or a crime involving moral turpitude covered misdemeanor are pending1615
against the person; and1616
(C) Such person presents to the commission satisfactory proof that the person now1617
bears a good reputation for honesty, trustworthiness, integrity, and competence to1618
transact the business of a licensee in such a manner as to safeguard the interest of the1619
public."1620
SECTION 2-20.1621
Said title is further amended in Code Section 43-45-9, relating to examination for structural1622
pest control operator certification by the Structural Pest Control Commission, by revising1623
subsection (a) as follows:1624
"(a)(1) All applicants for examination for certification as an operator must have a1625
knowledge of the practical and scientific facts underlying the practice of structural pest1626
control, control of wood-destroying organisms, and fumigation and the necessary1627
knowledge and ability to recognize and control those hazardous conditions which may1628
affect human life and health. The commission may refuse to examine anyone convicted1629
of a crime involving moral turpitude directly related felony or directly related covered1630
misdemeanor.1631
(2) The commission shall refuse to examine an applicant on the basis of a criminal1632
conviction or adjudication only if the conviction or adjudication directly relates to the1633
role of an operator. In determining if a criminal conviction or adjudication directly1634
relates to the role of a pest control operator, the commission shall consider:1635
(A) The nature and seriousness of the crime and the direct relationship of the criminal1636
conduct to the duties and responsibilities of the operator;1637
(B) The age of the individual at the time such crime was committed;1638
S. B. 157 (SUB)
- 63 - 24 LC 36 5860S
(C) The length of time elapsed since such crime was committed;1639
(D) All circumstances relative to such crime, including, but not limited to, mitigating1640
circumstances or social conditions surrounding the commission of the offense; and1641
(E) Evidence of rehabilitation and present fitness to perform the duties of the1642
occupation for which the certificate is sought or held, including, but not limited to:1643
(i) The completion of the criminal sentence;1644
(ii) A program and treatment certificate issued by the Board of Corrections;1645
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1646
treatment program;1647
(iv) Testimonials and recommendations, which may include a progress report from1648
the individual's probation or parole officer;1649
(v) Education and training;1650
(vi) Employment history;1651
(vii) Employment aspirations;1652
(viii) The individual's current family or community responsibilities, or both;1653
(ix) Whether a bond is required to practice the occupation;1654
(x) Any affidavits or other written documents, including, but not limited to, character1655
references; and1656
(xi) Any other information regarding rehabilitation the individual submits to the1657
commission.1658
(3) In determining whether to refuse to examine an applicant, the commission shall not1659
consider nor require an individual to disclose:1660
(A) A deferred adjudication, discharged first offender treatment, completed diversion1661
program, completed conditional discharge, or an arrest not followed by a conviction;1662
(B) A conviction for which no sentence of incarceration can be imposed;1663
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1664
pardoned, provided that the board may consider a plea for which an individual is1665
S. B. 157 (SUB)
- 64 - 24 LC 36 5860S
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1666
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1667
(D) A juvenile adjudication;1668
(E) A misdemeanor conviction older than five years, unless the offense of conviction1669
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1670
(F) A conviction older than five years for which the individual was not incarcerated,1671
or a conviction for which the individual's incarceration ended more than five years1672
before the date of the commission's consideration, except for a felony conviction related1673
to:1674
(i) A criminal sexual act;1675
(ii) Criminal fraud or embezzlement;1676
(iii) Aggravated assault;1677
(iv) Aggravated robbery;1678
(v) Aggravated abuse, neglect, or endangerment of a child;1679
(vi) Arson;1680
(vii) Carjacking;1681
(viii) Kidnapping; or1682
(ix) Manslaughter, homicide, or murder.1683
(4)(A) Notwithstanding any other provision of law, an individual with a criminal1684
record may petition the commission at any time, including while incarcerated and1685
before starting or completing any required professional qualifications for certification,1686
for a predetermination as to whether the individual's criminal record will disqualify1687
such individual from obtaining a certification as an operator.1688
(B) The petition for predetermination shall include the individual's criminal record or1689
authorize the commission to obtain the individual's criminal record. The petitioning1690
individual need not disclose any offenses falling under paragraph (3) of this subsection. 1691
S. B. 157 (SUB)
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The petition shall also include any information the petitioner chooses to submit1692
concerning the circumstances of their record and their rehabilitation.1693
(C) In considering predetermination petitions, the commission shall apply the direct1694
relationship standard in paragraph (2) of this subsection and shall not consider any1695
offenses falling under paragraph (3) of this subsection. The commission shall support1696
any adverse predetermination by justifying that it is substantially more likely than not1697
that a criminal record supports an adverse licensing decision.1698
(D) A predetermination made under this subsection that a petitioner is eligible for a1699
license shall be binding on the commission only if the petitioner applies for1700
certification, fulfills all other requirements for operator certification, and the petitioner's1701
submitted criminal record was correct and remains unchanged at the time of his or her1702
application for certification.1703
(E) If a petitioner's criminal record includes matters that may disqualify the petitioner1704
from certification, the commission shall notify the petitioner of the potentially1705
disqualifying convictions. The letter of concern shall advise the petitioner of their1706
opportunity to submit additional evidence of rehabilitation and mitigation or for a1707
hearing, or both.1708
(F) The commission may predetermine that the petitioner's criminal record is likely1709
grounds for denial of certification only after the commission has held a hearing on the1710
petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia1711
Administrative Procedure Act.' The hearing shall be held in person, by remote video,1712
or by teleconference within 60 days of receipt of the predetermination petition. The1713
individual shall have the opportunity to include character witnesses at the hearing,1714
including but not limited to family members, friends, past or prospective employers,1715
probation or parole officers, and rehabilitation counselors, who may offer their verbal1716
or written support. The commission shall not make an adverse inference by a1717
petitioner's decision to forgo a hearing or character witnesses. The commission shall1718
S. B. 157 (SUB)
- 66 - 24 LC 36 5860S
issue a final decision within 60 days of complete submission of the issue for1719
consideration or the hearing, whichever is later.1720
(G) If the commission decides that a predetermination petitioner is ineligible for a1721
license, the board shall notify the petitioner of the following:1722
(i) The grounds and rationale for the predetermination, including any of the1723
petitioner's specific convictions and the factors provided for in paragraph (3) of this1724
subsection the commission deemed directly relevant;1725
(ii) An explanation of the process and right to appeal the commission's1726
predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative1727
Procedure Act'; and1728
(iii) Any actions the petitioner may take to remedy the disqualification. An1729
individual who receives a predetermination of ineligibility may submit a revised1730
petition reflecting completion of the remedial actions. The individual may submit a1731
new petition to the commission not before one year following a final judgment on1732
their initial petition or upon completing the remedial actions, whichever is earlier.1733
(H) The denial of a predetermination petition because of the applicant's criminal record1734
shall constitute a contested case as defined in Code Section 50-13-2. In an1735
administrative hearing or civil action reviewing the denial of a predetermination1736
petition, the commission shall have the burden of proving that the applicant's criminal1737
record directly relates to the licensed occupation."1738
PART III1739
SECTION 3-1.1740
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by1741
adding a new paragraph to Code Section 20-2-982.1, relating to definitions relative to1742
professional standards of teachers and other school personnel, to read as follows:1743
S. B. 157 (SUB)
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"(1.1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of1744
whether an appeal of such finding, verdict, or plea has been sought."1745
SECTION 3-2.1746
Said title is further is amended by revising Code Section 20-2-984.3, relating to preliminary1747
investigation of violations by the Professional Standards Commission, requirement for1748
automatic investigation, and investigation of sexual offenses, as follows:1749
"20-2-984.3.1750
(a) Upon receipt of a written request from a local board, the state board, or one or more1751
individual residents of this state, the commission shall be authorized to investigate:1752
(1) Alleged violations by an educator of any law of this state pertaining to educators or1753
the profession of education;1754
(2) Alleged violations by an educator of the code of ethics of the commission;1755
(3) Alleged violations by an educator of rules, regulations, or policies of the state board1756
or the commission;1757
(4) Complaints alleging a failure by an educator to meet or comply with standards of1758
performance of the commission or the state board; or1759
(5) Complaints alleging that an educator has been convicted of any directly related1760
felony, of any crime involving moral turpitude directly related covered misdemeanor as1761
defined in Code Section 43-1-1, of any other criminal offense involving the manufacture,1762
distribution, trafficking, sale, or possession of a controlled substance or marijuana as1763
provided for in Chapter 13 of Title 16, or of any other sexual offense as provided for in1764
Code Sections 16-6-1 through 16-6-17 or Code Section 16-6-20, 16-6-22.2, or 16-12-1001765
in the courts of this state or any other state, territory, or country or in the courts of the1766
United States. As used in this paragraph, the term 'convicted' shall include a finding or1767
verdict of guilty or a plea of nolo contendere, regardless of whether an appeal of the1768
conviction has been sought; a situation where first offender treatment without1769
S. B. 157 (SUB)
- 68 - 24 LC 36 5860S
adjudication of guilt pursuant to the charge was granted; and a situation where an1770
adjudication of guilt or sentence was otherwise withheld or not entered on the charge or1771
the charge was otherwise disposed of in a similar manner in any jurisdiction.1772
(b) The commission shall decide whether to conduct a preliminary investigation pursuant1773
to this Code section within 30 days of the request unless an extension is granted pursuant1774
to the procedure outlined in subsection (b) of Code Section 20-2-984.5. The commission1775
may appoint a committee of its membership with the power to transact and carry out the1776
business and duties of the commission when deciding whether to conduct a preliminary1777
investigation.1778
(b.1) In investigating whether to deny, diminish, limit, suspend, revoke, refuse to renew,1779
or otherwise withhold a certificate, the commission shall not consider nor require an1780
educator to disclose:1781
(1) A deferred adjudication, discharged first offender treatment, completed diversion1782
program, completed conditional discharge, or an arrest not followed by a conviction;1783
(2) A conviction for which no sentence of incarceration can be imposed;1784
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1785
pardoned, provided that the board may consider a plea for which an individual is1786
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's1787
first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1788
(4) A juvenile adjudication;1789
(5) A misdemeanor conviction older than five years, unless the offense of conviction is1790
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1791
(6) A conviction older than five years for which the individual was not incarcerated, or1792
a conviction for which the individual's incarceration ended more than five years before1793
the date of the commission's consideration, except for a felony conviction related to:1794
(A) A criminal sexual act;1795
(B) Criminal fraud or embezzlement;1796
S. B. 157 (SUB)
- 69 - 24 LC 36 5860S
(C) Aggravated assault;1797
(D) Aggravated robbery;1798
(E) Aggravated abuse, neglect, or endangerment of a child;1799
(F) Arson;1800
(G) Carjacking;1801
(H) Kidnapping; or1802
(I) Manslaughter, homicide, or murder.1803
(c) When an educator admits on a Professional Standards Commission application to1804
having resigned or being discharged for committing a felony or misdemeanor involving1805
moral turpitude covered misdemeanor as defined in Code Section 43-1-1 or being under1806
investigation by law enforcement authorities for such conduct or for committing a breach1807
of the code of ethics or for a violation of state education laws or having a criminal history1808
record or having had a surrender, denial, revocation, or suspension of a certificate or being1809
the subject of an investigation or adverse action regarding a certificate, an investigation1810
will automatically open without notification to the commission and with written1811
notification to the educator.1812
(c.1) Notwithstanding subsection (c) of this Code section, the commission shall not1813
consider nor require an educator to disclose on a Professional Standards Commission1814
application:1815
(1) A deferred adjudication, discharged first offender treatment, completed diversion1816
program, completed conditional discharge, or an arrest not followed by a conviction;1817
(2) A conviction for which no sentence of incarceration can be imposed;1818
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1819
pardoned, provided that the board may consider a plea for which an individual is1820
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's1821
first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1822
(4) A juvenile adjudication;1823
S. B. 157 (SUB)
- 70 - 24 LC 36 5860S
(5) A misdemeanor conviction older than five years, unless the offense of conviction is1824
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1825
(6) A conviction older than five years for which the individual was not incarcerated, or1826
a conviction for which the individual's incarceration ended more than five years before1827
the date of the commission's consideration, except for a felony conviction related to:1828
(A) A criminal sexual act;1829
(B) Criminal fraud or embezzlement;1830
(C) Aggravated assault;1831
(D) Aggravated robbery;1832
(E) Aggravated abuse, neglect, or endangerment of a child;1833
(F) Arson;1834
(G) Carjacking;1835
(H) Kidnapping; or1836
(I) Manslaughter, homicide, or murder.1837
(d) Notwithstanding the requirements of this Code section, the staff of the commission1838
shall be authorized, without notification to the commission, to immediately open an1839
investigation submitted to the commission by a local school superintendent, with approval1840
of the local board of education, of a complaint by a student against an educator alleging a1841
sexual offense, as provided for in Code Sections 16-6-1 through 16-6-17 or Code Section1842
16-6-20, 16-6-22.2, or 16-12-100.1843
(e)(1) Notwithstanding any other provision of law, an individual with a criminal record1844
may petition the commission at any time, including while incarcerated and before starting1845
or completing any required professional qualifications for certification, for a1846
predetermination as to whether the individual's criminal record will disqualify him or her1847
from obtaining a certificate.1848
(2) The petition for predetermination shall include the individual's criminal record or1849
authorize the board to obtain the individual's criminal record. The petitioning individual1850
S. B. 157 (SUB)
- 71 - 24 LC 36 5860S
need not disclose any offenses falling under subsection (c.1) of this Code section. The1851
petition shall also include any information the petitioner chooses to submit concerning1852
the circumstances of their record and their rehabilitation.1853
(3) In considering predetermination petitions, the commission shall apply the direct1854
relationship standard in subsection (a.1) of Code Section 20-2-984.5 and shall not1855
consider any offenses falling under subsection (c.1) of this Code section. The1856
commission shall support any adverse predetermination by justifying that it is1857
substantially more likely than not that a criminal record supports an adverse licensing1858
decision.1859
(4) A predetermination made under this subsection that a petitioner is eligible for a1860
certificate shall be binding on the commission only if the petitioner applies for1861
certification, fulfills all other requirements for the certificate, and the petitioner's1862
submitted criminal record was correct and remains unchanged at the time of his or her1863
application for a certificate.1864
(5) If a petitioner's criminal record includes matters that may disqualify the petitioner1865
from certification, the commission shall notify the petitioner of the potentially1866
disqualifying convictions. The letter of concern shall advise the petitioner of their1867
opportunity to submit additional evidence of rehabilitation and mitigation or for a1868
hearing, or both.1869
(6) The commission may predetermine that the petitioner's criminal record is likely1870
grounds for denial of a license only after the commission has held a hearing on the1871
petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia1872
Administrative Procedure Act.' The hearing shall be held in person, by remote video, or1873
by teleconference within 60 days of receipt of the predetermination petition. The1874
individual shall have the opportunity to include character witnesses at the hearing,1875
including but not limited to family members, friends, past or prospective employers,1876
probation or parole officers, and rehabilitation counselors, who may offer their verbal or1877
S. B. 157 (SUB)
- 72 - 24 LC 36 5860S
written support. The commission shall not make an adverse inference by a petitioner's1878
decision to forgo a hearing or character witnesses. The commission shall issue a final1879
decision within 60 days of complete submission of the issue for consideration or the1880
hearing, whichever is later.1881
(7) If the commission decides that a predetermination petitioner is ineligible for a1882
certificate, the board shall notify the petitioner of the following:1883
(A) The grounds and rationale for the predetermination, including any specific1884
convictions and the factors in subsection (a.1) of Code Section 20-2-984.5 the1885
commission deemed directly relevant;1886
(B) An explanation of the process and right to appeal the commission's1887
predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative1888
Procedure Act'; and1889
(C) Any actions the petitioner may take to remedy the disqualification. An individual1890
who receives a predetermination of ineligibility may submit a revised petition reflecting1891
completion of the remedial actions. The individual may submit a new petition to the1892
commission not before one year following a final judgment on their initial petition or1893
upon completing the remedial actions, whichever is earlier.1894
(8) The denial of a predetermination petition because of the applicant's criminal record1895
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative1896
hearing or civil action reviewing the denial of a predetermination petition, the1897
commission shall have the burden of proving that the applicant's criminal record directly1898
relates to the licensed occupation."1899
SECTION 3-3.1900
Said title is further amended in Code Section 20-2-984.5, relating to preliminary1901
investigations of educators, disciplinary actions, and hearings by the Professional Standards1902
Commission, by adding two new subsections to read as follows:1903
S. B. 157 (SUB)
- 73 - 24 LC 36 5860S
"(a.1) The commission shall recommend disciplinary action on the basis of a criminal1904
conviction only if the conviction or adjudication directly relates to the role of an educator. 1905
In determining if a criminal conviction directly relates to the role of an educator, the1906
commission shall consider:1907
(1) The nature and seriousness of the crime and the direct relationship of the criminal1908
conduct to the duties and responsibilities of the educator;1909
(2) The age of the individual at the time such crime was committed;1910
(3) The length of time elapsed since such crime was committed;1911
(4) All circumstances relative to such crime, including, but not limited to, mitigating1912
circumstances or social conditions surrounding the commission of the offense; and1913
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1914
for which the certificate is sought or held, including, but not limited to:1915
(A) The completion of the criminal sentence;1916
(B) A program and treatment certificate issued by the Board of Corrections;1917
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1918
program;1919
(D) Testimonials and recommendations, which may include a progress report from the1920
individual's probation or parole officer;1921
(E) Education and training;1922
(F) Employment history;1923
(G) Employment aspirations;1924
(H) The individual's current family or community responsibilities, or both;1925
(I) Whether a bond is required to practice the occupation;1926
(J) Any affidavits or other written documents, including, but not limited to, character1927
references; and1928
(K) Any other information regarding rehabilitation the individual submits to the1929
commission.1930
S. B. 157 (SUB)
- 74 - 24 LC 36 5860S
(a.2) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew,1931
or otherwise withhold a license, the commission or investigator shall not consider nor1932
require an individual to disclose:1933
(1) A deferred adjudication, discharged first offender treatment, completed diversion1934
program, completed conditional discharge, or an arrest not followed by a conviction;1935
(2) A conviction for which no sentence of incarceration can be imposed;1936
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1937
pardoned, provided that the board may consider a plea for which an individual is1938
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's1939
first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1940
(4) A juvenile adjudication;1941
(5) A misdemeanor conviction older than five years, unless the offense of conviction is1942
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1943
(6) A conviction older than five years for which the individual was not incarcerated, or1944
a conviction for which the individual's incarceration ended more than five years before1945
the date of the commission's consideration, except for a felony conviction related to:1946
(A) A criminal sexual act;1947
(B) Criminal fraud or embezzlement;1948
(C) Aggravated assault;1949
(D) Aggravated robbery;1950
(E) Aggravated abuse, neglect, or endangerment of a child;1951
(F) Arson;1952
(G) Carjacking;1953
(H) Kidnapping; or1954
(I) Manslaughter, homicide, or murder."1955
S. B. 157 (SUB)
- 75 - 24 LC 36 5860S
PART IV1956
SECTION 4-1.1957
Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics,1958
is amended by revising subsection (a) of Code Section 26-4-41, relating to qualifications for1959
pharmacist licenses, examination, and internships and other training programs, as follows:1960
"(a) Qualifications. To obtain a license to engage in the practice of pharmacy, an1961
applicant for licensure by examination shall:1962
(1) Have submitted an application in the form prescribed by the board;1963
(2) Have attained the age of majority;1964
(3) Be of good moral character;1965
(4)(3) Have graduated and received a professional undergraduate degree from a college1966
or school of pharmacy as the same may be approved by the board; provided, however,1967
that, since it would be impractical for the board to evaluate a school or college of1968
pharmacy located in another country, the board may accept a graduate from such a school1969
or college so long as the graduate has completed all requirements of the Foreign1970
Pharmacy Equivalency Certification Program administered by the National Association1971
of Boards of Pharmacy. This shall include successful completion of all required1972
examinations and the issuance of the equivalency certificate and be based upon an1973
individual evaluation by the board of the applicant's educational experience, professional1974
background, and proficiency in the English language;1975
(5)(4) Have completed an internship or other program that has been approved by the1976
board or demonstrated to the board's satisfaction that experience in the practice of1977
pharmacy which meets or exceeds the minimum internship requirements of the board;1978
(6)(5) Have successfully passed an examination or examinations approved by the board;1979
and1980
S. B. 157 (SUB)
- 76 - 24 LC 36 5860S
(7)(6) Have paid the fees specified by the board for the examination and any related1981
materials and have paid for the issuance of the license."1982
SECTION 4-2.1983
Said title is further amended in Code Section 26-4-60, relating to grounds for suspension,1984
revocation or refusal to grant pharmacist licenses, by revising paragraph (3) of subsection (a)1985
as follows:1986
"(3) Except as prohibited in Code Section 26-4-60.1, for being Being:1987
(A) Convicted of a felony;1988
(B) Convicted of any crime involving moral turpitude covered misdemeanor, as1989
defined in Code Section 43-1-1, in this state or any other state, territory, or country or1990
in the courts of the United States; or1991
(C) Convicted or guilty of violations of the pharmacy or drug laws of this state, or rules1992
and regulations pertaining thereto, or of laws, rules, and regulations of any other state,1993
or of the federal government;"1994
SECTION 4-3.1995
Said title is further amended by adding two new Code sections to read as follows:1996
"26-4-60.1.1997
(a) Notwithstanding paragraph (3) of subsection (a) of Code Section 26-4-60, the board1998
of pharmacy shall refuse to grant a license to an individual or shall revoke a license only1999
if a conviction directly relates to the occupation for which the license is sought or held and2000
granting the license would pose a direct and substantial risk to public safety because the2001
individual has not been rehabilitated to safely perform the duties and responsibilities of the2002
practice of pharmacy. In determining if a conviction directly relates to the occupation for2003
which the license is sought or held, the board of pharmacy shall consider:2004
S. B. 157 (SUB)
- 77 - 24 LC 36 5860S
(1) The nature and seriousness of the offense and the direct relationship of the criminal2005
conduct to the duties and responsibilities of the occupation for which the license is sought2006
or held;2007
(2) The age of the individual at the time the offense was committed;2008
(3) The length of time elapsed since the offense was committed;2009
(4) All circumstances relative to the offense, including, but not limited to, mitigating2010
circumstances or social conditions surrounding the commission of the offense; and2011
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2012
for which the license is sought or held, including, but not limited to:2013
(A) The completion of the criminal sentence;2014
(B) A program and treatment certificate issued by the Board of Corrections;2015
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2016
program;2017
(D) Testimonials and recommendations, which may include a progress report from the2018
individual's probation or parole officer;2019
(E) Education and training;2020
(F) Employment history;2021
(G) Employment aspirations;2022
(H) The individual's current family or community responsibilities, or both;2023
(I) Whether a bond is required to practice the occupation;2024
(J) Any affidavits or other written documents, including, but not limited to, character2025
references; and2026
(K) Any other information regarding rehabilitation the individual submits to the board.2027
(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or2028
otherwise withhold a license, the board of pharmacy shall not consider nor require an2029
individual to disclose:2030
S. B. 157 (SUB)
- 78 - 24 LC 36 5860S
(1) A deferred adjudication, discharged first offender treatment, completed diversion2031
program, completed conditional discharge, or an arrest not followed by a conviction;2032
(2) A conviction for which no sentence of incarceration can be imposed;2033
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or2034
pardoned, provided that the board may consider a plea for which an individual is2035
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's2036
first offender laws, or subsection (a) or (c) of Code Section 16-13-2;2037
(4) A juvenile adjudication;2038
(5) A misdemeanor conviction older than five years, unless the offense of conviction is2039
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or2040
(6) A conviction older than five years for which the individual was not incarcerated, or2041
a conviction for which the individual's incarceration ended more than five years before2042
the date of the board's consideration, except for a felony conviction related to:2043
(A) A criminal sexual act;2044
(B) Criminal fraud or embezzlement;2045
(C) Aggravated assault;2046
(D) Aggravated robbery;2047
(E) Aggravated abuse, neglect, or endangerment of a child;2048
(F) Arson;2049
(G) Carjacking;2050
(H) Kidnapping;2051
(I) Manslaughter, homicide, or murder; or2052
(J) Distribution, manufacturing, or possession of a controlled substance.2053
26-4-60.2.2054
(a) Notwithstanding any other provision of law, an individual with a criminal record may2055
petition the board of pharmacy at any time, including while incarcerated and before starting2056
S. B. 157 (SUB)
- 79 - 24 LC 36 5860S
or completing any required professional qualifications for licensure, for a predetermination2057
as to whether the individual's criminal record will disqualify him or her from obtaining a2058
license.2059
(b) The petition for predetermination shall include the individual's criminal record or2060
authorize the board to obtain the individual's criminal record. The petitioning individual2061
need not disclose any offenses falling under subsection (b) of Code Section 20-4-60.1. The2062
petition shall also include any information the petitioner chooses to submit concerning the2063
circumstances of their record and their rehabilitation.2064
(c) In considering predetermination petitions, the board shall apply the direct relationship2065
standard in subsection (a) of Code Section 26-4-60.1 and shall not consider any offenses2066
falling under subsection (b) of Code Section 26-4-60.1. The board shall support any2067
adverse predetermination by justifying that it is substantially more likely than not that a2068
criminal record supports an adverse licensing decision.2069
(d) A predetermination made under this subsection that a petitioner is eligible for a license2070
shall be binding on the board only if the petitioner applies for licensure, fulfills all other2071
requirements for the licensure, and the petitioner's submitted criminal record was correct2072
and remains unchanged at the time of his or her application for a license.2073
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2074
licensure, the board shall notify the petitioner of the potentially disqualifying convictions. 2075
The letter of concern shall advise the petitioner of their opportunity to submit additional2076
evidence of rehabilitation and mitigation or for a hearing, or both.2077
(f) The board may predetermine that the petitioner's criminal record is likely grounds for2078
denial of a license only after the board has held a hearing on the petitioner's eligibility in2079
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The2080
hearing shall be held in person, by remote video, or by teleconference within 60 days of2081
receipt of the predetermination petition. The individual shall have the opportunity to2082
include character witnesses at the hearing, including but not limited to family members,2083
S. B. 157 (SUB)
- 80 - 24 LC 36 5860S
friends, past or prospective employers, probation or parole officers, and rehabilitation2084
counselors, who may offer their verbal or written support. The board shall not make an2085
adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The2086
board shall issue a final decision within 60 days of complete submission of the issue for2087
consideration or the hearing, whichever is later.2088
(g) If the board decides that a predetermination petitioner is ineligible for a license, the2089
board shall notify the petitioner of the following:2090
(1) The grounds and rationale for the predetermination, including the specific2091
convictions and the factors in paragraph (1) of subsection (a) of this Code section the2092
board deemed directly relevant;2093
(2) An explanation of the process and right to appeal the board's predetermination2094
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and2095
(3) Any actions the petitioner may take to remedy the disqualification. An individual2096
who receives a predetermination of ineligibility may submit a revised petition reflecting2097
completion of the remedial actions. The individual may submit a new petition to the2098
board not before one year following a final judgment on their initial petition or upon2099
completing the remedial actions, whichever is earlier.2100
(h) The denial of a predetermination petition because of the applicant's criminal record2101
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative2102
hearing or civil action reviewing the denial of a predetermination petition, the board shall2103
have the burden of proving that the applicant's criminal record directly relates to the2104
licensed occupation."2105
S. B. 157 (SUB)
- 81 - 24 LC 36 5860S
PART V2106
SECTION 5-1.2107
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code2108
Section 31-7-351, relating to definitions relative to the Georgia long-term care background2109
check program, by revising paragraph (5) as follows:2110
"(5)(A) 'Criminal record' means any of the following:2111
(i) Conviction of a crime;2112
(ii) Arrest, charge, and sentencing for a crime when:2113
(I) A plea of nolo contendere was entered to the crime;2114
(II) First offender treatment without adjudication of guilt was granted to the crime;2115
or2116
(III) Adjudication or sentence was otherwise withheld or not entered for the crime;2117
or2118
(iii) Arrest and charges for a crime if the charge is pending, unless the time for2119
prosecuting such crime has expired pursuant to Chapter 3 of Title 17.2120
(B) Such term shall not include an owner, applicant, or employee for which at least ten2121
years have elapsed from the date of his or her criminal background check since the2122
completion of all of the terms of his or her sentence dates of conviction or adjudication;2123
such term also shall not include an owner, applicant, or employee who has received a2124
general pardon from the State Board of Pardons and Paroles for the convictions;2125
provided, however, that such ten-year period exemption or and pardon exemption shall2126
never apply to any crime identified in subsection (j) of Code Section 42-8-60."2127
S. B. 157 (SUB)
- 82 - 24 LC 36 5860S
PART VI2128
SECTION 6-1.2129
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code2130
Section 33-23-21, relating to grounds for refusal, suspension, or revocation of insurance2131
agent licenses, by revising paragraphs (15) and (16) as follows:2132
"(15) Except as otherwise provided in Code Section 33-23-21.2, has Has been convicted2133
of any felony or of any crime involving moral turpitude covered misdemeanor as defined2134
in Code Section 43-1-1 in the courts of this state or any other state, territory, or country2135
or in the courts of the United States; as used in this paragraph and paragraph (16) of this2136
subsection, the term 'felony' shall include any offense which, if committed in this state,2137
would be deemed a felony, without regard to its designation elsewhere; and, as used in2138
this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea2139
of guilty, regardless of whether an appeal of the conviction has been sought;2140
(16) Except as otherwise provided in Code Section 33-23-21.2, has Has been arrested,2141
charged, and sentenced for the commission of any directly related felony, or any crime2142
involving moral turpitude directly related covered misdemeanor as defined in Code2143
Section 43-1-1, where:2144
(A) First offender treatment without adjudication of guilt pursuant to the charge was2145
granted; or2146
(B) An adjudication of guilt or sentence was otherwise withheld or not entered on the2147
charge.2148
The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating2149
to probation of first offenders, or other first offender treatment shall be conclusive2150
evidence of arrest and sentencing for such crime;"2151
S. B. 157 (SUB)
- 83 - 24 LC 36 5860S
SECTION 6-2.2152
Said title is further amended by adding two new Code sections to read as follows:2153
"33-23-21.2.2154
Notwithstanding Code Section 33-23-21, the Commissioner shall refuse to grant a license2155
to an individual or shall revoke a license only if a conviction directly relates to the2156
occupation for which the license is sought or held and granting the license would pose a2157
direct and substantial risk to public safety because the individual has not been rehabilitated2158
to safely perform the duties and responsibilities of a licensee. In determining if a2159
conviction directly relates to the occupation for which the license is sought or held, the2160
Commissioner shall consider:2161
(1) The nature and seriousness of the offense and the direct relationship of the criminal2162
conduct to the duties and responsibilities of the occupation for which the license is sought2163
or held;2164
(2) The age of the individual at the time the offense was committed;2165
(3) The length of time elapsed since the offense was committed;2166
(4) All circumstances relative to the offense, including, but not limited to, mitigating2167
circumstances or social conditions surrounding the commission of the offense; and2168
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2169
for which the license is sought or held, including, but not limited to:2170
(A) The completion of the criminal sentence;2171
(B) A program and treatment certificate issued by the Board of Corrections;2172
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2173
program;2174
(D) Testimonials and recommendations, which may include a progress report from the2175
individual's probation or parole officer;2176
(E) Education and training;2177
(F) Employment history;2178
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(G) Employment aspirations;2179
(H) The individual's current family or community responsibilities, or both;2180
(I) Whether a bond is required to practice the occupation;2181
(J) Any affidavits or other written documents, including, but not limited to, character2182
references; and2183
(K) Any other information regarding rehabilitation the individual submits to the2184
Commissioner.2185
33-23-21.3.2186
(a) Notwithstanding any other provision of law, an individual with a criminal record may2187
petition the Commissioner at any time, including while incarcerated and before starting or2188
completing any required professional qualifications for licensure, for a predetermination2189
as to whether the individual's criminal record will disqualify him or her from obtaining a2190
license.2191
(b) The petition for predetermination shall include the individual's criminal record or2192
authorize the Commissioner to obtain the individual's criminal record. The petition shall2193
also include information submitted by the petitioner concerning the circumstances of their2194
record and their rehabilitation.2195
(c) In considering predetermination petitions, the Commissioner shall apply the direct2196
relationship standard in Code Section 33-23-21.2.2197
(d) A predetermination made under this subsection that a petitioner is eligible for a license2198
shall be binding on the Commissioner only if the petitioner applies for licensure, fulfills2199
all other requirements for the licensure, and the petitioner's submitted criminal record was2200
correct and remains unchanged at the time of his or her application for a license.2201
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2202
licensure, the Commissioner shall provide notice and opportunity for a hearing in2203
accordance with Chapter 2 of this title.2204
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(f) If, after notice and the opportunity for a hearing, the Commissioner decides that a2205
predetermination petitioner is ineligible for a license, the Commissioner shall notify the2206
petitioner of the following:2207
(1) The grounds and rationale for the predetermination, including the factors in Code2208
Section 33-23-21.2 the Commissioner deemed directly relevant;2209
(2) An explanation of the process and right to appeal the Commissioner's2210
predetermination decision; and2211
(3) Any actions the petitioner may take to remedy the disqualification. An individual2212
who receives a predetermination of ineligibility may submit a revised petition reflecting2213
completion of the remedial actions. The individual may submit a new petition to the2214
Commissioner not before one year following a final judgment on their initial petition or2215
upon completing the remedial actions, whichever is earlier."2216
SECTION 6-3.2217
Said title is further amended by adding two new Code sections to read as follows:2218
"33-23-43.11.2219
Notwithstanding Code Section 33-23-43.10, the Commissioner shall refuse to grant a2220
license to an individual or shall revoke a license only if a conviction directly relates to the2221
occupation for which the license is sought or held and granting the license would pose a2222
direct and substantial risk to public safety because the individual has not been rehabilitated2223
to safely perform the duties and responsibilities of a licensee. In determining if a2224
conviction directly relates to the occupation for which the license is sought or held, the2225
Commissioner shall consider:2226
(1) The nature and seriousness of the offense and the direct relationship of the criminal2227
conduct to the duties and responsibilities of the occupation for which the license is sought2228
or held;2229
(2) The age of the individual at the time the offense was committed;2230
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(3) The length of time elapsed since the offense was committed;2231
(4) All circumstances relative to the offense, including, but not limited to, mitigating2232
circumstances or social conditions surrounding the commission of the offense; and2233
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2234
for which the license is sought or held, including, but not limited to:2235
(A) The completion of the criminal sentence;2236
(B) A program and treatment certificate issued by the Board of Corrections;2237
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2238
program;2239
(D) Testimonials and recommendations, which may include a progress report from the2240
individual's probation or parole officer;2241
(E) Education and training;2242
(F) Employment history;2243
(G) Employment aspirations;2244
(H) The individual's current family or community responsibilities, or both;2245
(I) Whether a bond is required to practice the occupation;2246
(J) Any affidavits or other written documents, including, but not limited to, character2247
references; and2248
(K) Any other information regarding rehabilitation the individual submits to the2249
Commissioner.2250
33-23-43.12.2251
(a) Notwithstanding any other provision of law, an individual with a criminal record may2252
petition the Commissioner at any time, including while incarcerated and before starting or2253
completing any required professional qualifications for licensure, for a predetermination2254
as to whether the individual's criminal record will disqualify him or her from obtaining a2255
public adjuster's license.2256
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(b) The petition for predetermination shall include the individual's criminal record or2257
authorize the Commissioner to obtain the individual's criminal record. The petition shall2258
also include information submitted by the petitioner concerning the circumstances of their2259
record and their rehabilitation.2260
(c) In considering predetermination petitions, the Commissioner shall apply the direct2261
relationship standard in Code Section 33-23-43.11.2262
(d) A predetermination made under this subsection that a petitioner is eligible for a license2263
shall be binding on the Commissioner only if the petitioner applies for licensure, fulfills2264
all other requirements for the licensure, and the petitioner's submitted criminal record was2265
correct and remains unchanged at the time of his or her application for a license.2266
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2267
licensure, the Commissioner shall provide notice and opportunity for a hearing in2268
accordance with Chapter 2 of this title.2269
(f) If, after notice and the opportunity for a hearing, the Commissioner decides that a2270
predetermination petitioner is ineligible for a license, the Commissioner shall notify the2271
petitioner of the following:2272
(1) The grounds and rationale for the predetermination, including the specific2273
convictions and the factors in Code Section 33-23-43.11 the Commissioner deemed2274
directly relevant;2275
(2) An explanation of the process and right to appeal the Commissioner's2276
predetermination decision; and2277
(3) Any actions the petitioner may take to remedy the disqualification. An individual2278
who receives a predetermination of ineligibility may submit a revised petition reflecting2279
completion of the remedial actions. The individual may submit a new petition to the2280
Commissioner not before one year following a final judgment on their initial petition or2281
upon completing the remedial actions, whichever is earlier."2282
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PART VII2283
SECTION 7-1.2284
Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter2285
standards and training is amended by adding a new subsection to Code Section 25-4-8,2286
relating to qualifications of firefighters generally, to read as follows:2287
"(d) A person who pleaded guilty to a felony offense under the 'Georgia First Offender Act'2288
and successfully completed the terms of his or her sentence pursuant to Article 3 of Chapter2289
8 of Title 42 may, at the council's discretion, be certified and employed as a firefighter if2290
such person otherwise meets the qualifications set forth in this Code section. Such person2291
shall provide information on the circumstances underlying the plea of guilty, as requested2292
by the council, to enable the council to make an informed decision on such individual's2293
qualification status."2294
PART VIII2295
SECTION 8-1.2296
Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to2297
Georgia Crime Information Center, is amended in Code Section 35-3-37, relating to review2298
of individual's criminal history record information, definitions, privacy considerations,2299
written application requesting review, and inspection, by revising divisions (j)(4)(B)(xvi),2300
(j)(4)(B)(xvii), and (j)(4)(B)(xviii), subparagraph (j)(4)(C), paragraph (7) of subsection (j),2301
and subsections (m) and (v) as follows:2302
"(xvi) Any offense related to minors generally in violation of Part 2 of Article 3 of2303
Chapter 12 of Title 16; or2304
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(xvii) Theft in violation of Chapter 8 of Title 16; provided, however, that such2305
prohibition shall not apply to a misdemeanor conviction of shoplifting or refund fraud2306
in violation of Code Section 16-8-14 or 16-8-14.1, as applicable; or2307
(xviii) Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40.2308
(C) An individual shall be limited to filing a petition under this paragraph to a lifetime2309
maximum of requesting record restriction on two convictions for a misdemeanor or a2310
series of misdemeanors arising from a single incident. For the purposes of this2311
subparagraph, the conviction of two or more offenses charged in separate counts of one2312
or more accusations consolidated for trial shall be deemed to be one conviction. If a2313
petition under this subsection has been denied, an individual may file a subsequent2314
petition on the same conviction for a misdemeanor or series of misdemeanors arising2315
from a single incident after the expiration of two years from the date of the final order2316
from the previous petition."2317
"(7) When an individual was convicted in this state of an offense for which that2318
individual has been granted a pardon from the State Board of Pardons and Paroles as2319
provided in the Constitution and Code Section 42-9-42, provided that the offense was not2320
a serious violent felony as such term is defined in Code Section 17-10-6.1 or a sexual2321
offense as such term is defined in Code Section 17-10-6.2, and provided, further, that2322
such individual has not been convicted of any crime in any jurisdiction, excluding any2323
conviction for a nonserious traffic offense, since the pardon was granted, and provided,2324
further, that he or she has no pending charged offenses, he or she may petition the court2325
in which the conviction occurred to restrict access to criminal history record information. 2326
Such court shall maintain jurisdiction over the case for this limited purpose and duration. 2327
Such petition shall be served on the prosecuting attorney. If a hearing is requested, such2328
hearing shall be held within 90 days of the filing of the petition. If the court finds that the2329
criteria for such petition are met, the court shall grant an order restricting such criminal2330
history record information. The court shall hear evidence and shall grant an order2331
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restricting such criminal history record information if it determines that the harm2332
otherwise resulting to the individual clearly outweighs the public's interest in the criminal2333
history record information being publicly available."2334
"(m)(1) For criminal history record information maintained by the clerk of court, an2335
individual who has a record restricted pursuant to Code Section 17-10-21 or this Code2336
section or an individual who has been cited for a criminal offense but was not arrested2337
and the charged offense was subsequently dismissed, nolle prossed, or reduced to a2338
violation of a local ordinance may petition the court with original jurisdiction over the2339
offenses in the county where the clerk of court is located for an order to seal all criminal2340
history record information maintained by the clerk of court for such individual's charged2341
offense. Notice of such petition shall be sent to the clerk of court and the prosecuting2342
attorney. A notice sent by registered or certified mail or statutory overnight delivery shall2343
be sufficient notice.2344
(2) The court shall order all criminal history record information in the custody of the2345
clerk of court, including within any index, to be restricted and unavailable to the public2346
if the court finds by a preponderance of the evidence that:2347
(A) The criminal history record information has been restricted pursuant to this Code2348
section; and2349
(B) The harm otherwise resulting to the privacy of the individual clearly outweighs the2350
public interest in the criminal history record information being publicly available.2351
(3) Notwithstanding paragraph (2) of this subsection, the court shall order all criminal2352
history record information in the custody of the clerk of court, including within any2353
index, to be restricted and unavailable to the public if the criminal history record has been2354
restricted pursuant to paragraph (7) of subsection (j) of this Code section.2355
(4) Within 60 days of the court's order, the clerk of court shall cause every document,2356
physical or electronic, in its custody, possession, or control to be restricted."2357
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"(v)(1) Information restricted and sealed pursuant to this Code section shall always be2358
available for inspection, copying, and use:2359
(A) For the purpose of imposing a sentence under Article 3 of Chapter 8 of Title 42;2360
(B) By the Judicial Qualifications Commission;2361
(C) By an attorney representing an accused individual who submits a sworn affidavit2362
to the clerk of court attesting that such information is relevant to a criminal proceeding;2363
(D) By a prosecuting attorney or a public defender;2364
(E) Pursuant to a court order; and2365
(F) By an individual who is the subject of restricted criminal history record information2366
or sealed court files; and2367
(G) By criminal justice agencies for law enforcement or criminal investigative2368
purposes.2369
(2) The confidentiality of such information shall be maintained insofar as practicable."2370
PART IX2371
SECTION 9-1.2372
Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first2373
offenders, is amended in Code Section 42-8-66, relating to petition for exoneration and2374
discharge, hearing, retroactive grant of first offender status, and no filing fee, by revising2375
paragraph (1) of subsection (a) and subsection (d) as follows:2376
"(a)(1) An individual who qualified for sentencing pursuant to this article but who was2377
not informed of his or her eligibility for first offender treatment may, with the consent of2378
the prosecuting attorney, petition the court in which he or she was convicted for2379
exoneration of guilt and discharge pursuant to this article."2380
"(d) The court may issue an order retroactively granting first offender treatment and2381
discharge the defendant pursuant to this article if the court finds by a preponderance of the2382
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evidence that the defendant was eligible for sentencing under the terms of this article at the2383
time he or she was originally sentenced or that he or she qualifies for sentencing under2384
paragraph (2) of subsection (a) of this Code section and the ends of justice and the welfare2385
of society are served by granting such petition; provided, however, that no relief pursuant2386
to this subsection may be given on a conviction that was used as the underlying conviction2387
for a conviction for violating Code Section 16-11-131 or if the conviction was used to2388
enhance a sentence pursuant to Code Section 17-10-7."2389
PART X2390
SECTION 10-1.2391
(a) Except as provided in subsection (b) of this section, this Act shall become effective on2392
July 1, 2024.2393
(b) Parts 1 through 7 of this Act shall become effective on January 1, 2025, and shall apply2394
to all applications for licensure submitted on or after such date.2395
SECTION 10-2.2396
All laws and parts of laws in conflict with this Act are repealed.2397
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