GA
Georgia Senate Bill SB157

Georgia 2023-2024 Regular Session

Georgia Senate Bill SB157 Compare Versions

OldNewDifferences
1-LC 36 5900S
2-The House Committee on Rules offers the following substitute to SB 157:
1+24 LC 36 5860S
2+The House Committee on Judiciary Non-Civil offers the following substitute to SB 157:
33 A BILL TO BE ENTITLED
44 AN ACT
55 To amend Titles 20, 26, 31, 33, and 43 of the Official Code of Georgia Annotated, relating1
66 to education, food, drugs, and cosmetics, health, insurance, and professions and businesses,2
77 respectively, so as to create a preclearance process in the licensing of individuals with3
88 criminal records who make an application to or are investigated by certain licensing boards4
99 and commissions; to provide for definitions; to require certain licensing authorities to provide5
1010 evidence to support adverse licensing decisions based on criminal convictions; to require a6
1111 hearing prior to denying certain applicants on the basis of an individual's criminal record; to7
1212 establish findings that shall be made and evidence that shall and shall not be considered prior8
1313 to refusing to grant certain licenses based on certain criminal convictions; to allow an9
1414 applicant to submit his or her own criminal record when applying for certain licenses; to10
1515 provide for reapplication for licensure; to authorize and provide a process and requirements11
1616 for predetermination decisions; to require certain licensure application information be12
1717 included in certain applications and posted on a public website; to require certain annual13
1818 reports concerning certain applications, predeterminations, and conviction records be filed14
1919 with the Secretary of State; to amend Chapter 4 of Title 25 of the Official Code of Georgia15
2020 Annotated, relating to firefighter standards and training, so as to provide for the reporting of16
2121 guilty pleas taken under first offender treatment to obtain employment as a firefighter; to17
2222 amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating18
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23+S. B. 157 (SUB)
24+- 1 - 24 LC 36 5860S
2425 to Georgia Crime Information Center, so as to provide for criminal history record19
2526 information restrictions for certain persons charged with or convicted of certain criminal20
2627 offenses; to provide that restricted criminal history record information shall be available to21
2728 criminal justice agencies; to provide for petitions; to provide for criminal history record22
2829 information restriction for persons granted a pardon for certain offenses; to amend Article23
2930 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first24
3031 offenders, so as to revise the procedure for petitioning for exoneration and discharge when25
3132 an individual has qualified for sentencing as a first offender; to provide for exceptions to26
32-retroactively granting first offender treatment; to amend Chapter 28 of Title 43 of the Official27
33-Code of Georgia Annotated, relating to occupational therapists, so as to authorize28
34-occupational therapists to perform dry needling as a physical agent modality if certain29
35-training and education requirements are met; to provide for definitions; to provide for related30
36-matters; to provide for effective dates and applicability; to repeal conflicting laws; and for31
37-other purposes.32
38-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:33
39-PART I34
40-SECTION 1-1.35
41-Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,36
42-is amended by revising Code Section 43-1-1, relating to definitions, as follows:37
43-"43-1-1.38
44-As used in this title, the term:39
45-(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of40
46-whether an appeal of such finding, verdict, or plea has been sought.41
47-(2) 'Covered misdemeanor' shall mean any:42
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49-(A) Misdemeanor conviction in the five years prior to the submission of the licensing43
50-application; and44
51-(B) Misdemeanor conviction listed in subparagraph (j)(4)(B) of Code Section 35-3-37,45
52-irrespective of the date of such conviction.46
53-(1)(3) 'Division' means the professional licensing boards division created under Code47
54-Section 43-1-2.48
55-(2)(4) 'Division director' means the individual appointed by the Secretary of State as49
56-director of the professional licensing boards division within the office of the Secretary50
57-of State.51
58-(5) 'Felony' means any offense which, if committed in this state, would be deemed a52
59-felony, without regard to its designation elsewhere.53
60-(3)(6) 'Professional licensing board' means any board, bureau, commission, or other54
61-agency of the executive branch of state government which is created for the purpose of55
62-licensing or otherwise regulating or controlling any profession, business, or trade and56
63-which is placed by law under the jurisdiction of the division director of the professional57
64-licensing boards division within the office of the Secretary of State."58
65-SECTION 1-2.59
66-Said title is further amended by revising subsection (a) of Code Section 43-1-19, relating to60
67-a professional licensing board's authority to refuse, grant, revoke, and reinstate licenses,61
68-surrender of licenses, and probationary licenses, and adding a new subsection to read as62
69-follows:63
70-"(a) A professional licensing board shall have the authority to refuse to grant a license to64
71-an applicant therefor or to revoke the license of a person licensed by that board or to65
72-discipline a person licensed by that board, upon a finding by a majority of the entire board66
73-that the licensee or applicant has:67
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75-(1) Failed to demonstrate the qualifications or standards for a license contained in this68
76-Code section, or under the laws, rules, or regulations under which licensure is sought or69
77-held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the70
78-board that he or she meets all the requirements for the issuance of a license, and, if the71
79-board is not satisfied as to the applicant's qualifications, it may deny a license without a72
80-prior hearing; provided, however, that the applicant shall be allowed to appear before the73
81-board if he or she so desires;74
82-(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the75
83-practice of a business or profession licensed under this title or on any document76
84-connected therewith; practiced fraud or deceit or intentionally made any false statement77
85-in obtaining a license to practice the licensed business or profession; or made a false78
86-statement or deceptive registration with the board;79
87-(3) Been convicted of any a directly related felony or a directly related covered80
88-misdemeanor or of any crime involving moral turpitude in the courts of this state or any81
89-other state, territory, or country or in the courts of the United States; as used in this82
90-paragraph, paragraph (4) of this subsection, and subsection (q) of this Code section, the83
91-term 'felony' shall include any offense which, if committed in this state, would be deemed84
92-a felony, without regard to its designation elsewhere; and, as used in this paragraph and85
93-subsection (q) of this Code section, the term 'conviction' shall include a finding or verdict86
94-of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been87
95-sought;88
96-(4)(A) Been arrested, charged, and sentenced is currently serving a sentence for the89
97-commission of any felony, or any crime involving moral turpitude, when:90
98-(i) A sentence for such offense was imposed pursuant to Article 3 of Chapter 8 of91
99-Title 42 or another state's first offender laws; or92
100-(ii) A sentence for such offense was imposed pursuant to subsection (a) or (c) of93
101-Code Section 16-13-2;94
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103-(iii) A sentence for such offense was imposed as a result of a plea of nolo contendere;95
104-or96
105-(iv) An adjudication of guilt or sentence was otherwise withheld or not entered on the97
106-charge.98
107-(B) An order entered pursuant to subsection (a) or (c) of Code Section 16-13-2, Article99
108-3 of Chapter 8 of Title 42, or another state's first offender treatment order shall be100
109-conclusive evidence of an arrest and sentencing for such offense;101
110-(5) Had his or her license to practice a business or profession licensed under this title102
111-revoked, suspended, or annulled by any lawful licensing authority other than the board;103
112-had other disciplinary action taken against him or her by any such lawful licensing104
113-authority other than the board; was denied a license by any such lawful licensing105
114-authority other than the board, pursuant to disciplinary proceedings; or was refused the106
115-renewal of a license by any such lawful licensing authority other than the board, pursuant107
116-to disciplinary proceedings;108
117-(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct109
118-or practice harmful to the public that materially affects the fitness of the licensee or110
119-applicant to practice a business or profession licensed under this title or is of a nature111
120-likely to jeopardize the interest of the public; such conduct or practice need not have112
121-resulted in actual injury to any person or but must be directly related to the practice of the113
122-licensed business or profession but shows and show that the licensee or applicant has114
123-committed any act or omission which is indicative of bad moral character or115
124-untrustworthiness and which makes the licensee or applicant likely to harm the public. 116
125-Such conduct or practice shall also include any departure from, or the failure to conform117
126-to, the minimal reasonable standards of acceptable and prevailing practice of the business118
127-or profession licensed under this title;119
128-(7) Knowingly performed any act which in any way aids, assists, procures, advises, or120
129-encourages any unlicensed person or any licensee whose license has been suspended or121
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131-revoked by a professional licensing board to practice a business or profession licensed122
132-under this title or to practice outside the scope of any disciplinary limitation placed upon123
133-the licensee by the board;124
134-(8) Violated a statute, law, or any rule or regulation of this state, any other state, the125
135-professional licensing board regulating the business or profession licensed under this title,126
136-the United States, or any other lawful authority without regard to whether the violation127
137-is criminally punishable when such statute, law, or rule or regulation relates to or in part128
138-regulates the practice of a business or profession licensed under this title and when the129
139-licensee or applicant knows or should know that such action violates such statute, law,130
140-or rule; or violated a lawful order of the board previously entered by the board in a131
141-disciplinary hearing, consent decree, or license reinstatement;132
142-(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or133
143-outside this state; any such adjudication shall automatically suspend the license of any134
144-such person and shall prevent the reissuance or renewal of any license so suspended for135
145-so long as the adjudication of incompetence is in effect;136
146-(10) Displayed an inability to practice a business or profession licensed under this title137
147-with reasonable skill and safety to the public or has become unable to practice the138
148-licensed business or profession with reasonable skill and safety to the public by reason139
149-of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material;140
150-or141
151-(11) Failed to comply with an order for child support as defined by Code Section142
152-19-11-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of143
153-release to the board from the child support agency within the Department of Human144
154-Services indicating that the applicant or licensee has come into compliance with an order145
155-for child support so that a license may be issued or granted if all other conditions for146
156-licensure are met.147
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158-(a.1) A professional licensing board shall have the burden of justifying that it is148
159-substantially more likely than not that a criminal record supports an adverse licensing149
160-decision. Before the professional licensing board may deny an applicant a license under150
161-subsection (a) of this Code section due to his or her criminal record, such applicant shall151
162-be entitled to a hearing before the professional licensing board in accordance with152
163-Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"153
164-SECTION 1-3.154
165-Said title is further amended in Code Section 43-1-19, relating to a professional licensing155
166-board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and156
167-probationary licenses, by revising subsection (j) as follows:157
168-"(j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity158
169-nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a159
170-previously denied license shall be considered to be a contested case within the meaning of160
171-Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing161
172-within the meaning of such chapter shall not be required, but the applicant or licensee shall162
173-be allowed to appear before the board if he or she so requests. A board may resolve a163
174-pending action by the issuance of a letter of concern. Such letter shall not be considered164
175-a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be165
176-disclosed to any person except the licensee or applicant."166
177-SECTION 1-4.167
178-Said title is further amended in Code Section 43-1-19, relating to a professional licensing168
179-board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and169
180-probationary licenses, by revising subsection (q) as follows:170
181-"(q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or171
182-any other provision of law, and unless the professional licensing board shall refuse to172
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184-grant a license to an individual or shall revoke a license only if a felony or crime173
185-involving moral turpitude covered misdemeanor directly relates to the occupation for174
186-which the license is sought or held and granting the license would pose a direct and175
187-substantial risk to public safety because the individual has not been rehabilitated to safely176
188-perform the duties and responsibilities of such occupation, after considering the criteria177
189-in paragraph (2) of this subsection. Without finding a direct and substantial risk to public178
190-safety and a direct relationship between the conviction and the licensed occupation, no179
191-professional licensing board shall refuse to grant a license to an applicant therefor or shall180
192-revoke the license of an individual licensed by that board due solely or in part to such181
193-applicant's or licensee's:182
194-(A) Conviction of any felony or any crime involving moral turpitude covered183
195-misdemeanor, whether it occurred in the courts of this state or any other state, territory,184
196-or country or in the courts of the United States;185
197-(B) Arrest, charge, and sentence for the commission of such offense;186
198-(C) Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another187
199-state's first offender laws;188
200-(D) Sentence for such offense pursuant to subsection (a) or (c) of Code Section189
201-16-13-2;190
202-(E) Sentence for such offense as a result of a plea of nolo contendere;191
203-(F) Adjudication of guilt or sentence was otherwise withheld or not entered; or192
204-(G) Being under supervision by a community supervision officer, as such term is193
205-defined in Code Section 42-3-1, for a conviction of any felony or any crime involving194
206-moral turpitude covered misdemeanor, whether it occurred in the courts of this state or195
207-any other state, territory, or country or in the courts of the United States, so long as such196
208-individual was not convicted of a felony violation of Chapter 5 of Title 16 nor197
209-convicted of a crime requiring registration on the state sexual offender registry.198
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211-(2) In determining if a felony or crime involving moral turpitude covered misdemeanor199
212-directly relates to the occupation for which the license is sought or held, the professional200
213-licensing board shall consider:201
214-(A) The nature and seriousness of such felony or crime involving moral turpitude202
215-covered misdemeanor and the direct relationship of such felony or crime involving203
216-moral turpitude the criminal conduct to the duties and responsibilities of the occupation204
217-for which the license is sought or held;205
218-(B) The age of the individual at the time such felony or crime involving moral206
219-turpitude covered misdemeanor was committed;207
220-(C) The length of time elapsed since such felony or crime involving moral turpitude208
221-covered misdemeanor was committed;209
222-(D) All circumstances relative to such felony or crime involving moral turpitude210
223-covered misdemeanor, including, but not limited to, mitigating circumstances or social211
224-conditions surrounding the commission of such felony or crime involving moral212
225-turpitude covered misdemeanor; and213
226-(E) Evidence of rehabilitation and present fitness to perform the duties of the214
227-occupation for which the license is sought or held., including, but not limited to:215
228-(i) The completion of the criminal sentence;216
229-(ii) A program and treatment certificate issued by the Board of Corrections;217
230-(iii) Completion of, or active participation in, a rehabilitative drug or alcohol218
231-treatment program;219
232-(iv) Testimonials and recommendations, which may include a progress report from220
233-the individual's probation or parole officer;221
234-(v) Education and training;222
235-(vi) Employment history;223
236-(vii) Employment aspirations;224
237-(viii) The individual's current family or community responsibilities, or both;225
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239-(ix) Whether a bond is required to practice the occupation;226
240-(x) Any affidavits or other written documents, including, but not limited to, character227
241-references; and228
242-(xi) Any other information regarding rehabilitation the individual submits to the229
243-board.230
244-(3) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew,231
245-or otherwise withhold a license, the professional licensing board shall not consider nor232
246-require an individual to disclose:233
247-(A) A deferred adjudication, discharged first offender treatment, completed diversion234
248-program, completed conditional discharge, or an arrest not followed by a conviction;235
249-(B) A conviction for which no sentence of incarceration can be imposed;236
250-(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or237
251-pardoned, provided that the board may consider a plea for which an individual is238
252-currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another239
253-state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;240
254-(D) A juvenile adjudication;241
255-(E) A misdemeanor conviction older than five years, unless the offense of conviction242
256-is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or243
257-(F) A conviction older than five years for which the individual was not incarcerated,244
258-or a conviction for which the individual's incarceration ended more than five years245
259-before the date of the board's consideration, except for a felony conviction related to:246
260-(i) A criminal sexual act;247
261-(ii) Criminal fraud or embezzlement;248
262-(iii) Aggravated assault;249
263-(iv) Aggravated robbery;250
264-(v) Aggravated abuse, neglect, or endangerment of a child;251
265-(vi) Arson;252
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267-(vii) Carjacking;253
268-(viii) Kidnapping; or254
269-(ix) Manslaughter, homicide, or murder.255
270-(4) Notwithstanding any other provision of law, no professional licensing board may256
271-apply a vague character standard to licensure decisions or predeterminations, including,257
272-but not limited to, 'good moral character,' 'moral turpitude,' or 'character and fitness.'258
273-(5) Notwithstanding any other provision of law, a professional licensing board shall259
274-provide individualized consideration of an individual's criminal record and shall not260
275-automatically deny licensure on the basis of the individual's criminal record.261
276-(6)(A) If an applicant's criminal record includes issues that will or may prevent the262
277-board from issuing a license to the applicant, the board shall notify the applicant, in263
278-writing, of the specific issues in sufficient time for the applicant to provide additional264
279-documentation supporting the application before the board's final decision to deny the265
280-application. After receiving notice of any potential issue with licensure due to his or266
281-her criminal convictions, an applicant shall have 30 days to respond by correcting any267
282-inaccuracy in the criminal record or by submitting additional evidence of mitigation or268
283-rehabilitation for the board's consideration, or both.269
284-(B) For the professional licensing board to deny a license on the basis of the applicant's270
285-criminal convictions, the board shall first provide an opportunity for a hearing for such271
286-applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative272
287-Procedure Act.' The applicant shall have the opportunity at such hearing to present the273
288-written or oral testimony of character witnesses, including, but not limited to, family274
289-members, friends, prospective employers, probation or parole officers, and275
290-rehabilitation counselors. The professional licensing board shall issue a decision within276
291-60 days of the complete submission of the issues for consideration or the hearing,277
292-whichever is later.278
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294-(C) The professional licensing board shall have the burden of justifying that it is279
295-substantially more likely than not, after a hearing, that an applicant's criminal record280
296-supports any adverse licensing decision. If the board denies an applicant a license by281
297-reason of the applicant's criminal record, the board shall:282
298-(i) Make written findings specifying any of the applicant's convictions and the factors283
299-provided for in subparagraph (A) of paragraph (2) of this subsection the board284
300-deemed directly relevant and explaining the basis and rationale for the denial. Such285
301-written findings shall be signed by the board's presiding officer and shall note the286
302-applicant's right to appeal and explain the applicant's ability to reapply. No applicant287
303-shall be restricted from reapplying for licensure for more than two years from the date288
304-of the most recent application;289
305-(ii) Provide or serve a signed copy of the written findings to the applicant within 60290
306-days of the denial; and291
307-(iii) Retain a signed copy of the written findings for no less than five years.292
308-(D) The denial of a license in part or in whole because of the applicant's criminal293
309-record shall constitute a contested case as defined in Code Section 50-13-2. In an294
310-administrative hearing or civil action reviewing the denial of a license, the professional295
311-licensing board shall have the burden of proving that the applicant's criminal record296
312-directly relates to the occupation for which the license is sought.297
313-(7)(A) Notwithstanding any other provision of law, an individual with a criminal298
314-record, who has been domiciled in the State of Georgia for five years or more, may299
315-petition a professional licensing board at any time, including while incarcerated and300
316-before starting or completing any required professional qualifications for licensure, for301
317-a predetermination as to whether such individual's criminal record will disqualify him302
318-or her from obtaining a license.303
319-(B) The petition for predetermination shall include the individual's criminal record or304
320-authorize the board to obtain the individual's criminal record. The petitioning305
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322-individual need not disclose any offenses provided for in paragraph (3) of this306
323-subsection. Such petition shall also include any information the petitioner chooses to307
324-submit concerning the circumstances of their record and their rehabilitation.308
325-(C) In considering predetermination petitions, the professional licensing board shall309
326-apply the direct relationship standard in paragraphs (1) and (2) of this subsection and310
327-shall not consider any offenses falling under paragraph (3) of this subsection. The311
328-board shall support any adverse predetermination by justifying that it is substantially312
329-more likely than not that a criminal record supports an adverse licensing decision.313
330-(D) A predetermination made under this subsection that a petitioner is eligible for a314
331-license shall be binding on the professional licensing board only if the petitioner applies315
332-for licensure, fulfills all other requirements for the occupational license, and the316
333-petitioner's submitted criminal record was correct and remains unchanged at the time317
334-of his or her application for a license.318
335-(E) If a petitioner's criminal record includes matters that may disqualify the petitioner319
336-from licensure, the board shall notify the petitioner of the potentially disqualifying320
337-convictions. The letter of concern shall advise the petitioner of their opportunity to321
338-submit additional evidence of rehabilitation and mitigation or for a hearing, or both.322
339-(F) The professional licensing board may predetermine that the petitioner's criminal323
340-record is likely grounds for denial of a license only after the board has held a hearing324
341-on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia325
342-Administrative Procedure Act.' The hearing shall be held in person, by remote video,326
343-or by teleconference within 60 days of receipt of the predetermination petition. The327
344-individual shall have the opportunity to offer written or oral testimony of character328
345-witnesses at the hearing, including but not limited to family members, friends, past or329
346-prospective employers, probation or parole officers, and rehabilitation counselors. The330
347-professional licensing board shall not make an adverse inference by a petitioner's331
348-decision to forgo a hearing or character witnesses. The board shall issue a final332
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350-decision within 60 days of complete submission of the issue for consideration or the333
351-hearing, whichever is later.334
352-(G) If the professional licensing board decides that a predetermination petitioner is335
353-ineligible for a license, the board shall notify the petitioner of the following:336
354-(i) The grounds and rationale for the predetermination, including any of the337
355-petitioner's specific convictions and the factors provided for in subparagraph (A) of338
356-paragraph (2) of this subsection the board deemed directly relevant;339
357-(ii) An explanation of the process and right to appeal the board's predetermination340
358-decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';341
359-and342
360-(iii) Any actions the petitioner may take to remedy the disqualification. An343
361-individual who receives a predetermination of ineligibility may submit a revised344
362-petition reflecting completion of the remedial actions. The individual may submit a345
363-new petition to the board not before one year following a final judgment on their346
364-initial petition or upon completing the remedial actions, whichever is earlier.347
365-(H) The denial of a predetermination petition because of the applicant's criminal record348
366-shall constitute a contested case as defined in Code Section 50-13-2. In an349
367-administrative hearing or civil action reviewing the denial of a predetermination350
368-petition, the professional licensing board shall have the burden of proving that the351
369-applicant's criminal record directly relates to the licensed occupation.352
370-(8) Each professional licensing board shall include in its application for licensure and on353
371-its public website all of the following information:354
372-(A) Whether the board requires applicants to consent to a criminal record check;355
373-(B) The direct relationship standard in paragraph (1) of this subsection and those356
374-factors in paragraph (2) of this subsection that the board shall consider when making357
375-a determination of licensure;358
376-(C) The criminal record disclosure provided for in paragraph (3) of this subsection;359
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378-(D) The appeals process pursuant to Chapter 13 of Title 50, the 'Georgia360
379-Administrative Procedure Act,' if the board denies or revokes licensure in whole or in361
380-part because of a criminal conviction; and362
381-(E) The predetermination petition process, standards, and application, as well as the363
382-process for appealing an adverse predetermination pursuant to Chapter 13 of Title 50,364
383-the 'Georgia Administrative Procedure Act.'365
384-(9) No later than March 31 each year, each occupational licensing board shall file with366
385-the Secretary of State an annual report containing information from the previous year as367
386-to:368
387-(A) The number of applicants for a license and, of that number, the number of licenses369
388-granted;370
389-(B) The number of applicants with a criminal record and, of that number, the number371
390-of licenses granted, denied a license for any reason, and denied due to a conviction or372
391-state supervision status;373
392-(C) The number of predetermination petitioners and, of that number, the number374
393-deemed eligible for a license and the number deemed ineligible for a license;375
394-(D) The racial and ethnic distribution of licensing applicants, including the racial and376
395-ethnic distribution of applicants with a criminal record; and377
396-(E) The racial and ethnic distribution of licensing applicants with a criminal record378
397-granted a license, denied a license for any reason, and denied a license due to a379
398-conviction or state supervision status."380
399-SECTION 1-5.381
400-Said title is further amended by revising Code Section 43-1-27, relating to requirement that382
401-licensee notify licensing authority of felony conviction, as follows:383
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403-"43-1-27.384
404-Any licensed individual who is convicted under the laws of this state, the United States, or385
405-any other state, territory, or country of a felony as defined in paragraph (3) of subsection386
406-(a) of Code Section 43-1-19 43-1-1 shall be required to notify the appropriate licensing387
407-authority of the conviction within ten days of the conviction. The failure of a licensed388
408-individual to notify the appropriate licensing authority of a conviction shall be considered389
409-grounds for revocation of his or her license, permit, registration, certification, or other390
410-authorization to conduct a licensed profession."391
411-SECTION 1-6.392
412-Said title is further amended by revising Code Section 43-15-19, relating to revocation,393
413-suspension, or denial of certificates, certificates of registration, or licenses, and reprimands,394
414-as follows: 395
415-"43-15-19.396
416-(a) The board shall have the power, after notice and hearing, to deny any application made397
417-to it, to revoke or suspend any certificate, certificate of registration, or license issued by it,398
418-or to reprimand any individual holding a certificate, certificate of registration, or license399
419-issued by it, upon the following grounds:400
420-(1) Commission of any fraud or deceit in obtaining a certificate, certificate of401
421-registration, or license;402
422-(2) Any gross negligence, incompetency, or unprofessional conduct in the practice of403
423-professional engineering or land surveying as a professional engineer or a professional404
424-land surveyor, respectively;405
425-(3) Affixing a seal to any plan, specification, plat, or report contrary to Code Section406
426-43-15-22;407
427-(4) Conviction of a felony or crime involving moral turpitude covered misdemeanor as408
428-defined in Code Section 43-1-1 in the courts of this state, the United States, or any state409
429-- 16 - LC 36 5900S
430-or territory of the United States or the conviction of an offense in another jurisdiction410
431-which, if committed in this state, would be deemed a felony. 'Conviction' shall include411
432-a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal412
433-proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not413
434-entered thereon pursuant to Article 3 of Chapter 8 of Title 42 or any comparable rule or414
435-statute but shall not include a conviction that has been restricted, sealed, annulled,415
436-dismissed, vacated, or pardoned; provided, however, that the board may consider a plea416
437-for which an individual is currently serving a sentence pursuant to Article 3 of Chapter 8417
438-of Title 42, another state's first offender laws, or subsection (a) or (c) of Code Section418
439-16-13-2; or419
440-(5) Any violation of this chapter or any rule or regulation promulgated by the board420
441-pursuant to the powers conferred on it by this chapter.421
442-(b) 'Unprofessional conduct,' as referred to in paragraph (2) of subsection (a) of this Code422
443-section, includes a violation of those standards of professional conduct for professional423
444-engineers and professional land surveyors adopted by the board pursuant to the power424
445-conferred upon it to promulgate rules and regulations to effectuate the duties and powers425
446-conferred on it by this chapter."426
447-SECTION 1-7.427
448-Said title is further amended by adding two new Code sections to read as follows:428
449-"43-15-19.1.429
450-(a) Notwithstanding paragraph (4) of subsection (a) of Code Section 43-15-19, the board430
451-shall refuse to grant a license to an individual or shall revoke a license only if a conviction431
452-directly relates to the occupation for which the license is sought or held and granting the432
453-license would pose a direct and substantial risk to public safety because the individual has433
454-not been rehabilitated to safely perform the duties and responsibilities of the occupation for434
455-- 17 - LC 36 5900S
456-which the license is sought or held. In determining if a conviction directly relates to the435
457-occupation for which the license is sought or held, the board shall consider:436
458-(1) The nature and seriousness of the offense and the direct relationship of the criminal437
459-conduct to the duties and responsibilities of the occupation for which the license is sought438
460-or held;439
461-(2) The age of the individual at the time the offense was committed;440
462-(3) The length of time elapsed since the offense was committed;441
463-(4) All circumstances relative to the offense, including, but not limited to, mitigating442
464-circumstances or social conditions surrounding the commission of the offense; and443
465-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation444
466-for which the license is sought or held, including, but not limited to:445
467-(A) The completion of the criminal sentence;446
468-(B) A program and treatment certificate issued by the Board of Corrections;447
469-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment448
470-program;449
471-(D) Testimonials and recommendations, which may include a progress report from the450
472-individual's probation or parole officer;451
473-(E) Education and training;452
474-(F) Employment history;453
475-(G) Employment aspirations;454
476-(H) The individual's current family or community responsibilities, or both;455
477-(I) Whether a bond is required to practice the occupation;456
478-(J) Any affidavits or other written documents, including, but not limited to, character457
479-references; and458
480-(K) Any other information regarding rehabilitation the individual submits to the board.459
481-- 18 - LC 36 5900S
482-(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or460
483-otherwise withhold a license, the board shall not consider nor require an individual to461
484-disclose:462
485-(1) A deferred adjudication, discharged first offender treatment, completed diversion463
486-program, a completed conditional discharge, or an arrest not followed by a conviction;464
487-(2) A conviction for which no sentence of incarceration can be imposed;465
488-(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or466
489-pardoned, provided that the board may consider a plea for which an individual is467
490-currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's468
491-first offender laws, or subsection (a) or (c) of Code Section 16-13-2;469
492-(4) A juvenile adjudication;470
493-(5) A misdemeanor conviction older than five years, unless the offense of conviction is471
494-listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or472
495-(6) A conviction older than five years for which the individual was not incarcerated, or473
496-a conviction for which the individual's incarceration ended more than five years before474
497-the date of the board's consideration, except for a felony conviction related to:475
498-(A) A criminal sexual act;476
499-(B) Criminal fraud or embezzlement;477
500-(C) Aggravated assault;478
501-(D) Aggravated robbery;479
502-(E) Aggravated abuse, neglect, or endangerment of a child;480
503-(F) Arson;481
504-(G) Carjacking;482
505-(H) Kidnapping; or483
506-(I) Manslaughter, homicide, or murder.484
507-- 19 - LC 36 5900S
508-42-15-19.2.485
509-(a) Notwithstanding any other provision of law, an individual with a criminal record, who486
510-has been domiciled in the State of Georgia for five years or more, may petition the board487
511-at any time, including while incarcerated and before starting or completing any required488
512-professional qualifications for licensure, for a predetermination as to whether the489
513-individual's criminal record will disqualify him or her from obtaining a license.490
514-(b) The petition for predetermination shall include the individual's criminal record or491
515-authorize the board to obtain the individual's criminal record. The petitioning individual492
516-need not disclose any offenses falling under subsection (b) of Code Section 43-15-19.1.493
517-The petition shall also include any information the petitioner chooses to submit concerning494
518-the circumstances of their record and their rehabilitation.495
519-(c) In considering predetermination petitions, the board shall apply the direct relationship496
520-standard in subsection (a) of Code Section 43-15-19.1. The board shall support any497
521-adverse predetermination by justifying that it is substantially more likely than not that a498
522-criminal record supports an adverse licensing decision.499
523-(d) A predetermination made under this subsection that a petitioner is eligible for a license500
524-shall be binding on the board only if the petitioner applies for licensure, fulfills all other501
525-requirements for the licensure, and the petitioner's submitted criminal record was correct502
526-and remains unchanged at the time of his or her application for a license.503
527-(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from504
528-licensure, the board shall notify the petitioner of the potentially disqualifying convictions.505
529-The letter of concern shall advise the petitioner of their opportunity to submit additional506
530-evidence of rehabilitation and mitigation or for a hearing, or both.507
531-(f) The board may predetermine that the petitioner's criminal record is likely grounds for508
532-denial of a license only after the board has held a hearing on the petitioner's eligibility in509
533-accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The510
534-hearing shall be held in person, by remote video, or by teleconference within 60 days of511
535-- 20 - LC 36 5900S
536-receipt of the predetermination petition. The individual shall have the opportunity to512
537-include character witnesses at the hearing, including but not limited to family members,513
538-friends, past or prospective employers, probation or parole officers, and rehabilitation514
539-counselors, who may offer their verbal or written support. The board shall not make an515
540-adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The516
541-board shall issue a final decision within 60 days of complete submission of the issue for517
542-consideration or the hearing, whichever is later.518
543-(g) If the board decides that a predetermination petitioner is ineligible for a license, the519
544-board shall notify the petitioner of the following:520
545-(1) The grounds and rationale for the predetermination, including the specific521
546-convictions and the factors in subsection (a) of Code Section 43-15-19.1 the board522
547-deemed directly relevant;523
548-(2) An explanation of the process and right to appeal the board's predetermination524
549-decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and525
550-(3) Any actions the petitioner may take to remedy the disqualification. An individual526
551-who receives a predetermination of ineligibility may submit a revised petition reflecting527
552-completion of the remedial actions. The individual may submit a new petition to the528
553-board not before one year following a final judgment on their initial petition or upon529
554-completing the remedial actions, whichever is earlier.530
555-(h) The denial of a predetermination petition because of the applicant's criminal record531
556-shall constitute a contested case as defined in Code Section 50-13-2. In an administrative532
557-hearing or civil action reviewing the denial of a predetermination petition, the board shall533
558-have the burden of proving that the applicant's criminal record directly relates to the534
559-licensed occupation."535
560-- 21 - LC 36 5900S
561-PART II536
562-SECTION 2-1.537
563-Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,538
564-is amended in Code Section 43-3-21, relating to revocation or refusal to grant or renew539
565-accountant's licenses, by revising paragraphs (3) and (4) of subsection (a) as follows:540
566-"(3) Had been convicted of any directly related felony or crime involving moral turpitude541
567-directly related covered misdemeanor as defined in Code Section 43-1-1 in the courts of542
568-this state, any other state, a territory, or a country or in the courts of the United States. 543
569-As used in this paragraph, the term:544
570-(A) 'Conviction' means and includes a finding or verdict of guilty or a plea of guilty,545
571-regardless of whether an appeal of the conviction has been sought;546
572-(B) 'Felony' means and includes any offense which, if committed in this state, would547
573-be deemed a felony, without regard to its designation elsewhere.548
574-(4)(A) Had been arrested, charged, and sentenced for the commission of any felony or549
575-crime involving moral turpitude covered misdemeanor as defined in Code Section550
576-43-1-1 when:551
577-(i) First offender treatment without adjudication of guilt pursuant to the charge was552
578-granted The licensee or applicant is currently serving a sentence pursuant to Article 3553
579-of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of554
580-Code Section 16-13-2; or555
581-(ii) An adjudication of guilt or sentence was otherwise withheld or not entered on the556
582-charge, except with respect to a plea of nolo contendere.557
583-(B) An order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42558
584-or other first offender treatment shall be conclusive evidence of arrest and sentencing559
585-for such crime.560
586-- 22 - LC 36 5900S
587-(C) As used in this paragraph, the term 'felony' shall include any offense which, if561
588-committed in this state, would be deemed a felony, without regard to its designation562
589-elsewhere;"563
590-SECTION 2-2.564
591-Said title is further amended by adding two new Code sections to read as follows:565
592-"43-3-21.1.566
593-(a) Notwithstanding paragraphs (3) and (4) of subsection (a) of Code Section 43-3-21, the567
594-board of accountancy shall refuse to grant a license to an individual or shall revoke a568
595-license only if a criminal record directly relates to the occupation for which the license is569
596-sought or held and granting the license would pose a direct and substantial risk to public570
597-safety because the individual has not been rehabilitated to safely perform the duties and571
598-responsibilities of the practice of public accountancy. In determining if a criminal record572
599-directly relates to the occupation for which the license is sought or held, the board of573
600-accountancy shall consider:574
601-(1) The nature and seriousness of the offense and the direct relationship of the criminal575
602-conduct to the duties and responsibilities of the occupation for which the license is sought576
603-or held;577
604-(2) The age of the individual at the time the offense was committed;578
605-(3) The length of time elapsed since the offense was committed;579
606-(4) All circumstances relative to the offense, including, but not limited to, mitigating580
607-circumstances or social conditions surrounding the commission of the offense; and581
608-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation582
609-for which the license is sought or held, including, but not limited to:583
610-(A) The completion of the criminal sentence;584
611-(B) A program and treatment certificate issued by the Board of Corrections;585
612-- 23 - LC 36 5900S
613-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment586
614-program;587
615-(D) Testimonials and recommendations, which may include a progress report from the588
616-individual's probation or parole officer;589
617-(E) Education and training;590
618-(F) Employment history;591
619-(G) Employment aspirations;592
620-(H) The individual's current family or community responsibilities, or both;593
621-(I) Whether a bond is required to practice the occupation;594
622-(J) Any affidavits or other written documents, including, but not limited to, character595
623-references; and596
624-(K) Any other information regarding rehabilitation the individual submits to the board.597
625-(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or598
626-otherwise withhold a license, the accountancy board shall not consider nor require an599
627-individual to disclose:600
628-(1) A deferred adjudication, discharged first offender treatment, completed diversion601
629-program, completed conditional discharge, or an arrest not followed by a conviction;602
630-(2) A conviction for which no sentence of incarceration can be imposed;603
631-(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or604
632-pardoned, provided that the board may consider a plea for which an individual is605
633-currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's606
634-first offender laws, or subsection (a) or (c) of Code Section 16-13-2;607
635-(4) A juvenile adjudication;608
636-(5) A misdemeanor conviction older than five years, unless the offense of conviction is609
637-listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or610
638-- 24 - LC 36 5900S
639-(6) A conviction older than five years for which the individual was not incarcerated, or611
640-a conviction for which the individual's incarceration ended more than five years before612
641-the date of the board's consideration, except for a felony conviction related to:613
642-(A) A criminal sexual act;614
643-(B) Criminal fraud or embezzlement;615
644-(C) Aggravated assault;616
645-(D) Aggravated robbery;617
646-(E) Aggravated abuse, neglect, or endangerment of a child;618
647-(F) Arson;619
648-(G) Carjacking;620
649-(H) Kidnapping;621
650-(I) Manslaughter, homicide, or murder; or622
651-(J) Theft.623
652-43-3-21.2.624
653-(a) Notwithstanding any other provision of law, an individual with a criminal record, who625
654-has been domiciled in the State of Georgia for five years or more, may petition the626
655-accountancy board at any time, including while incarcerated and before starting or627
656-completing any required professional qualifications for licensure, for a predetermination628
657-as to whether the individual's criminal record will disqualify him or her from obtaining a629
658-license.630
659-(b) The petition for predetermination shall include the individual's criminal record or631
660-authorize the board to obtain the individual's criminal record. The petitioning individual632
661-need not disclose any offenses falling under subsection (b) of Code Section 43-3-21.1. The633
662-petition shall also include any information the petitioner chooses to submit concerning the634
663-circumstances of their record and their rehabilitation.635
664-- 25 - LC 36 5900S
665-(c) In considering predetermination petitions, the board shall apply the direct relationship636
666-standard in subsection (a) of Code Section 43-3-21.1. The board shall support any adverse637
667-predetermination by justifying that it is substantially more likely than not that a criminal638
668-record supports an adverse licensing decision.639
669-(d) A predetermination made under this subsection that a petitioner is eligible for a license640
670-shall be binding on the board only if the petitioner applies for licensure, fulfills all other641
671-requirements for the licensure, and the petitioner's submitted criminal record was correct642
672-and remains unchanged at the time of his or her application for a license.643
673-(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from644
674-licensure, the board shall notify the petitioner of the potentially disqualifying convictions. 645
675-The letter of concern shall advise the petitioner of their opportunity to submit additional646
676-evidence of rehabilitation and mitigation or for a hearing, or both.647
677-(f) The board may predetermine that the petitioner's criminal record is likely grounds for648
678-denial of a license only after the board has held a hearing on the petitioner's eligibility in649
679-accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The650
680-hearing shall be held in person, by remote video, or by teleconference within 60 days of651
681-receipt of the predetermination petition. The individual shall have the opportunity to652
682-include character witnesses at the hearing, including but not limited to family members,653
683-friends, past or prospective employers, probation or parole officers, and rehabilitation654
684-counselors, who may offer their verbal or written support. The board shall not make an655
685-adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The656
686-board shall issue a final decision within 60 days of complete submission of the issue for657
687-consideration or the hearing, whichever is later.658
688-(g) If the board decides that a predetermination petitioner is ineligible for a license, the659
689-board shall notify the petitioner of the following:660
690-- 26 - LC 36 5900S
691-(1) The grounds and rationale for the predetermination, including the specific661
692-convictions and the factors in subsection (a) of Code Section 43-3-21.1 the board deemed662
693-directly relevant;663
694-(2) An explanation of the process and right to appeal the board's predetermination664
695-decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and665
696-(3) Any actions the petitioner may take to remedy the disqualification. An individual666
697-who receives a predetermination of ineligibility may submit a revised petition reflecting667
698-completion of the remedial actions. The individual may submit a new petition to the668
699-board not before one year following a final judgment on their initial petition or upon669
700-completing the remedial actions, whichever is earlier.670
701-(h) The denial of a predetermination petition because of the applicant's criminal record671
702-shall constitute a contested case as defined in Code Section 50-13-2. In an administrative672
703-hearing or civil action reviewing the denial of a predetermination petition, the board shall673
704-have the burden of proving that the applicant's criminal record directly relates to the674
705-licensed occupation."675
706-SECTION 2-3.676
707-Said title is further amended in Code Section 43-3-27, relating to notification by an677
708-individual issued a license or certification as an accountant of conviction, time limit, and678
709-suspension, by revising subsection (a) as follows:679
710-"(a) Any individual issued a license or certification under this chapter or providing services680
711-under substantial equivalency practice privileges and convicted under the laws of this state,681
712-the United States, any other state, or any other country of a felony as defined in paragraph682
713-(3) of subsection (a) of Code Section 43-1-19 43-1-1 shall be required to notify the board683
714-of such conviction within 30 days of such conviction. The failure of such individual to684
715-notify the board of a conviction shall be considered grounds for revocation of his or her685
716-license or other authorization issued pursuant to this chapter."686
717-- 27 - LC 36 5900S
718-SECTION 2-4.687
719-Said title is further amended in Code Section 43-9-12, relating to refusal, suspension, or688
720-revocation of chiropractor licenses, subpoenas, other discipline, judicial review,689
721-reinstatement, voluntary surrender of license, injunctions, and statement of complaint, by690
722-revising paragraphs (3) and (4) of subsection (a) as follows:691
723-"(3) Been convicted of any felony or covered misdemeanors of any crime involving692
724-moral turpitude in the courts of this state or any other state, territory, or country or in the693
725-courts of the United States; as used in this paragraph and paragraph (4) of this subsection,694
726-the term 'felony' shall include any offense which, if committed in this state, would be695
727-deemed a felony, without regard to its designation elsewhere; and, as used in this696
728-paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of697
729-guilty, regardless of whether an appeal of the conviction has been sought. Any such698
730-record shall be considered in the manner prescribed by subsection (q) of Code Section699
731-43-1-19;700
732-(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime701
733-involving moral turpitude, covered misdemeanor where such record is considered in the702
734-manner prescribed by subsection (q) of Code Section 43-1-19 and:703
735-(A) A plea of nolo contendere was entered to the charge; or704
736-(B) First offender treatment without adjudication of guilt pursuant to the charge was705
737-granted The licensee or applicant is currently serving a sentence pursuant to Article 3706
738-of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of707
739-Code Section 16-13-2; or708
740-(C) An adjudication or sentence was otherwise withheld or not entered on the charge.709
741-The plea of nolo contendere or the order entered pursuant to the provisions of Article 3710
742-of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender711
743-treatment shall be conclusive evidence of arrest and sentencing for such crime;"712
744-- 28 - LC 36 5900S
745-SECTION 2-5.713
746-Said title is further amended in Code Section 43-10-20, relating to the teaching of barbering714
747-or the practice of a cosmetologist in prisons and certification of registration, by revising715
748-subsection (b) as follows:716
749-"(b) The board shall be required to test an inmate who is an applicant for a certificate or717
750-registration under this chapter who has completed successfully a barber or cosmetologist718
751-training program operated by the Department of Corrections and who meets the719
752-requirements stated in Code Section 43-10-9. If such inmate passes the applicable written720
753-and practical examinations, the board may issue the appropriate certificate of registration721
754-to such inmate after consideration of all requirements under Code Sections 43-10-9 and722
755-43-1-19; provided, however, that the board shall not apply the provisions of paragraph (4)723
756-of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such person's724
757-status as an inmate and shall apply such provisions in the same manner as would otherwise725
758-be applicable to an applicant who is not an inmate."726
759-SECTION 2-6.727
760-Said title is further amended in Code Section 43-11-47, relating to refusal to grant, or728
761-revocation of licenses by the Board of Dentistry, disciplining licensees, subpoenas, judicial729
762-review, investigations, immunity, failure to appear, and voluntary surrender, by revising730
763-paragraphs (3) and (4) of subsection (a) as follows:731
764-"(3) Been convicted of any felony or of any crime involving moral turpitude covered732
765-misdemeanor as defined in Code Section 43-1-1 in the courts of this state or any other733
766-state, territory, or country or in the courts of the United States; as used in this subsection,734
767-the term 'felony' shall include any offense which, if committed in this state, would be735
768-deemed a felony without regard to its designation elsewhere; and, as used in this736
769-subsection, the term 'conviction' shall include a finding or verdict of guilty or a plea of737
770-guilty, regardless of whether an appeal of the conviction has been sought. Any licensee738
771-- 29 - LC 36 5900S
772-who is convicted under the laws of this state, the United States, or any other state,739
773-territory, or country of a felony shall be required to notify the board of conviction within740
774-ten days of the conviction. The failure to notify the board of a conviction shall be741
775-considered grounds for revocation of his or her license;742
776-(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime743
777-involving moral turpitude covered misdemeanor, where:744
778-(A) A plea of nolo contendere was entered to the charge; or745
779-(B) First offender treatment without adjudication of guilt pursuant to the charge was746
780-granted; or The licensee or applicant is currently serving a sentence pursuant to Article747
781-3 of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of748
782-Code Section 16-13-2.749
783-(C) An adjudication or sentence was otherwise withheld or not entered on the charge.750
784-The plea of nolo contendere or the order entered pursuant to the provisions of Article 3751
785-of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of752
786-arrest and sentencing for such crime;"753
787-SECTION 2-7.754
788-Said title is further amended in Code Section 43-11-47, relating to refusal to grant, or755
789-revocation of, licenses by the Board of Dentistry, disciplining licensees, subpoenas, judicial756
790-review, investigations, immunity, failure to appear, and voluntary surrender, by adding two757
791-new subsections to read as follows:758
792-"(a.1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section, the759
793-board of dentistry shall refuse to grant a license to an individual or shall revoke a license760
794-only if a conviction directly relates to the occupation for which the license is sought or held761
795-and granting the license would pose a direct and substantial risk to public safety because762
796-the individual has not been rehabilitated to safely perform the duties and responsibilities763
797-- 30 - LC 36 5900S
798-of the practice of dentistry. In determining if a conviction directly relates to the occupation764
799-for which the license is sought or held, the board of dentistry shall consider:765
800-(1) The nature and seriousness of the offense and the direct relationship of the criminal766
801-conduct to the duties and responsibilities of the occupation for which the license is sought767
802-or held;768
803-(2) The age of the individual at the time the offense was committed;769
804-(3) The length of time elapsed since the offense was committed;770
805-(4) All circumstances relative to the offense, including, but not limited to, mitigating771
806-circumstances or social conditions surrounding the commission of the offense; and772
807-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation773
808-for which the license is sought or held, including, but not limited to:774
809-(A) The completion of the criminal sentence;775
810-(B) A program and treatment certificate issued by the Board of Corrections;776
811-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment777
812-program;778
813-(D) Testimonials and recommendations, which may include a progress report from the779
814-individual's probation or parole officer;780
815-(E) Education and training;781
816-(F) Employment history;782
817-(G) Employment aspirations;783
818-(H) The individual's current family or community responsibilities, or both;784
819-(I) Whether a bond is required to practice the occupation;785
820-(J) Any affidavits or other written documents, including, but not limited to, character786
821-references; and787
822-(K) Any other information regarding rehabilitation the individual submits to the board.788
823-(6) In determining whether to terminate and revoke a license, the board shall not consider789
824-nor require an individual to disclose:790
825-- 31 - LC 36 5900S
826-(A) A deferred adjudication, discharged first offender adjudication, completed791
827-diversion program, completed conditional discharge, or an arrest not followed by a792
828-conviction;793
829-(B) A conviction for which no sentence of incarceration can be imposed;794
830-(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or795
831-pardoned, provided that the board may consider a plea for which an individual is796
832-currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another797
833-state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;798
834-(D) A juvenile adjudication;799
835-(E) A misdemeanor conviction older than five years, unless the offense of conviction800
836-is listed in Code section 35-3-37(j)(4); or801
837-(F) A conviction older than five years for which the individual was not incarcerated,802
838-or a conviction for which the individual's incarceration ended more than five years803
839-before the date of the board's consideration, except for a felony conviction related to:804
840-(i) A criminal sexual act;805
841-(ii) Criminal fraud or embezzlement;806
842-(iii) Aggravated assault;807
843-(iv) Aggravated robbery;808
844-(v) Aggravated abuse, neglect, or endangerment of a child;809
845-(vi) Arson;810
846-(vii) Carjacking;811
847-(viii) Kidnapping; or812
848-(ix) Manslaughter, homicide, or murder.813
849-(a.2)(1) Notwithstanding any other provision of law, an individual with a criminal814
850-record, who has been domiciled in the State of Georgia for five years or more, may815
851-petition the board of dentistry at any time, including while incarcerated and before816
852-starting or completing any required professional qualifications for licensure, for a817
853-- 32 - LC 36 5900S
854-predetermination as to whether the individual's criminal record will disqualify him or her818
855-from obtaining a license.819
856-(2) The petition for predetermination shall include the individual's criminal record or820
857-authorize the board to obtain the individual's criminal record. The petitioning individual821
858-need not disclose any offenses falling under paragraph (6) subsection (a.1) of this Code822
859-section. The petition shall also include any information the petitioner chooses to submit823
860-concerning the circumstances of their record and their rehabilitation.824
861-(3) In considering predetermination petitions, the board shall apply the direct relationship825
862-standard in subsection (a.1) of this Code section and shall not consider any offenses826
863-falling under paragraph (6) of subsection (a.1) of this Code section. The board shall827
864-support any adverse predetermination by justifying that it is substantially more likely than828
865-not that a criminal record supports an adverse licensing decision.829
866-(4) A predetermination made under this subsection that a petitioner is eligible for a830
867-license shall be binding on the board only if the petitioner applies for licensure, fulfills831
868-all other requirements for the occupational licensure, and the petitioner's submitted832
869-criminal record was correct and remains unchanged at the time of his or her application833
870-for a license.834
871-(5) If a petitioner's criminal record includes matters that may disqualify the petitioner835
872-from licensure, the board shall notify the petitioner of the potentially disqualifying836
873-convictions. The letter of concern shall advise the petitioner of their opportunity to837
874-submit additional evidence of rehabilitation and mitigation or for a hearing, or both.838
875-(6) The board may predetermine that the petitioner's criminal record is likely grounds for839
876-denial of a license only after the board has held a hearing on the petitioner's eligibility in840
877-accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The841
878-hearing shall be held in person, by remote video, or by teleconference within 60 days of842
879-receipt of the predetermination petition. The individual shall have the opportunity to843
880-include character witnesses at the hearing, including but not limited to family members,844
881-- 33 - LC 36 5900S
882-friends, past or prospective employers, probation or parole officers, and rehabilitation845
883-counselors, who may offer their verbal or written support. The professional licensing846
884-board shall not make an adverse inference by a petitioner's decision to forgo a hearing or847
885-character witnesses. The board shall issue a final decision within 60 days of complete848
886-submission of the issue for consideration or the hearing, whichever is later.849
887-(7) If the professional licensing board decides that a predetermination petitioner is850
888-ineligible for a license, the board shall notify the petitioner of the following:851
889-(A) The grounds and rationale for the predetermination, including the specific852
890-convictions and the factors in subsection (a.1) of this Code section the board deemed853
891-directly relevant;854
892-(B) An explanation of the process and right to appeal the board's predetermination855
893-decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and856
894-(C) Any actions the petitioner may take to remedy the disqualification. An individual857
895-who receives a predetermination of ineligibility may submit a revised petition reflecting858
896-completion of the remedial actions. The individual may submit a new petition to the859
897-board not before one year following a final judgment on their initial petition or upon860
898-completing the remedial actions, whichever is earlier.861
899-(8) The denial of a predetermination petition because of the applicant's criminal record862
900-shall constitute a contested case as defined in Code Section 50-13-2. In an administrative863
901-hearing or civil action reviewing the denial of a predetermination petition, the board shall864
902-have the burden of proving that the applicant's criminal record directly relates to the865
903-licensed occupation."866
904-SECTION 2-8.867
905-Said title is further amended in Code Section 43-11-71, relating to qualifications of868
906-applicants for license and criminal background check, by revising subsection (a) and by869
907-adding two new subsections to read as follows:870
908-- 34 - LC 36 5900S
909-"(a) No person shall be entitled to or be issued such license as set out in Code Section871
910-43-11-70 unless such person is at least 18 years of age, of good moral character, and a872
911-graduate of a dental hygiene program recognized by the board and accredited by the873
912-Commission on Dental Accreditation of the American Dental Association (ADA) or its874
913-successor agency which is operated by a school or college accredited by an institutional875
914-accrediting agency recognized by the United States Department of Education whose876
915-curriculum is at least two academic years of courses at the appropriate level and at the877
916-completion of which an associate or baccalaureate degree is awarded.878
917-(b) Application for a license under Code Section 43-11-70 shall constitute consent for879
918-performance of a criminal background check. Each applicant who submits an application880
919-to the board for licensure agrees to provide the board with any and all information881
920-necessary to run a criminal background check, including but not limited to classifiable sets882
921-of fingerprints. The applicant shall be responsible for all fees associated with the883
922-performance of a background check.884
923-(c) Notwithstanding subsections (a) and (b) of this Code section, the board of dentistry885
924-shall refuse to grant a license to an individual or shall revoke a license only if a conviction886
925-directly relates to the occupation for which the license is sought or held and granting the887
926-license would pose a direct and substantial risk to public safety because the individual has888
927-not been rehabilitated to safely perform the duties and responsibilities of the practice of a889
928-dental hygienist. In determining if a conviction directly relates to the occupation for which890
929-the license is sought or held, the board of dentistry shall consider:891
930-(1) The nature and seriousness of the offense and the direct relationship of the criminal892
931-conduct to the duties and responsibilities of the occupation for which the license is sought893
932-or held;894
933-(2) The age of the individual at the time the offense was committed;895
934-(3) The length of time elapsed since the offense was committed;896
935-- 35 - LC 36 5900S
936-(4) All circumstances relative to the offense, including, but not limited to, mitigating897
937-circumstances or social conditions surrounding the commission of the offense; and898
938-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation899
939-for which the license is sought or held, including, but not limited to:900
940-(A) The completion of the criminal sentence;901
941-(B) A program and treatment certificate issued by the Board of Corrections;902
942-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment903
943-program;904
944-(D) Testimonials and recommendations, which may include a progress report from the905
945-individual's probation or parole officer;906
946-(E) Education and training;907
947-(F) Employment history;908
948-(G) Employment aspirations;909
949-(H) The individual's current family or community responsibilities, or both;910
950-(I) Whether a bond is required to practice the occupation;911
951-(J) Any affidavits or other written documents, including, but not limited to, character912
952-references; and913
953-(K) Any other information regarding rehabilitation the individual submits to the board.914
954-(6) In determining whether to terminate and revoke a license, the board shall not consider915
955-nor require an individual to disclose:916
956-(A) A deferred adjudication, discharged first offender treatment, completed diversion917
957-program, completed conditional discharge, or an arrest not followed by a conviction;918
958-(B) A conviction for which no sentence of incarceration can be imposed;919
959-(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or920
960-pardoned, provided that the board may consider a plea for which an individual is921
961-currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another922
962-state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;923
963-- 36 - LC 36 5900S
964-(D) A juvenile adjudication;924
965-(E) A misdemeanor conviction older than five years, unless the offense of conviction925
966-is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or926
967-(F) A conviction older than five years for which the individual was not incarcerated,927
968-or a conviction for which the individual's incarceration ended more than five years928
969-before the date of the board's consideration, except for a felony conviction related to:929
970-(i) A criminal sexual act;930
971-(ii) Criminal fraud or embezzlement;931
972-(iii) Aggravated assault;932
973-(iv) Aggravated robbery;933
974-(v) Aggravated abuse, neglect, or endangerment of a child;934
975-(vi) Arson;935
976-(vii) Carjacking;936
977-(viii) Kidnapping; or937
978-(ix) Manslaughter, homicide, or murder.938
979-(d)(1) Notwithstanding any other provision of law, an individual with a criminal record,939
980-who has been domiciled in the State of Georgia for five years or more, may petition the940
981-board of dentistry at any time, including while incarcerated and before starting or941
982-completing any required professional qualifications for licensure, for a predetermination942
983-as to whether the individual's criminal record will disqualify him or her from obtaining943
984-a license.944
985-(2) The petition for predetermination shall include the individual's criminal record or945
986-authorize the board to obtain the individual's criminal record. The petitioning individual946
987-need not disclose any offenses falling under subparagraph (c)(6)(F) of this Code section. 947
988-The petition shall also include any information the petitioner chooses to submit948
989-concerning the circumstances of their record and their rehabilitation.949
990-- 37 - LC 36 5900S
991-(3) In considering predetermination petitions, the professional licensing board shall apply950
992-the direct relationship standard in subsection (c) of this Code section and shall not951
993-consider any offenses falling under subparagraph (c)(6)(F) of this Code section. The952
994-board shall support any adverse predetermination by justifying that it is substantially953
995-more likely than not that a criminal record supports an adverse licensing decision.954
996-(4) A predetermination made under this subsection that a petitioner is eligible for a955
997-license shall be binding on the professional licensing board only if the petitioner applies956
998-for licensure, fulfills all other requirements for the occupational licensure, and the957
999-petitioner's submitted criminal record was correct and remains unchanged at the time of958
1000-his or her application for a license.959
1001-(5) If a petitioner's criminal record includes matters that may disqualify the petitioner960
1002-from licensure, the board shall notify the petitioner of the potentially disqualifying961
1003-convictions. The letter of concern shall advise the petitioner of their opportunity to962
1004-submit additional evidence of rehabilitation and mitigation or for a hearing, or both.963
1005-(6) The board may predetermine that the petitioner's criminal record is likely grounds for964
1006-denial of a license only after the board has held a hearing on the petitioner's eligibility in965
1007-accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The966
1008-hearing shall be held in person, by remote video, or by teleconference within 60 days of967
1009-receipt of the predetermination petition. The individual shall have the opportunity to968
1010-include character witnesses at the hearing, including but not limited to family members,969
1011-friends, past or prospective employers, probation or parole officers, and rehabilitation970
1012-counselors, who may offer their verbal or written support. The professional licensing971
1013-board shall not make an adverse inference by a petitioner's decision to forgo a hearing or972
1014-character witnesses. The board shall issue a final decision within 60 days of complete973
1015-submission of the issue for consideration or the hearing, whichever is later.974
1016-(7) If the board decides that a predetermination petitioner is ineligible for a license, the975
1017-board shall notify the petitioner of the following:976
1018-- 38 - LC 36 5900S
1019-(A) The grounds and rationale for the predetermination, including the specific977
1020-convictions and the factors in subsection (c) of this Code section the board deemed978
1021-directly relevant;979
1022-(B) An explanation of the process and right to appeal the board's predetermination980
1023-decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and981
1024-(C) Any actions the petitioner may take to remedy the disqualification. An individual982
1025-who receives a predetermination of ineligibility may submit a revised petition reflecting983
1026-completion of the remedial actions. The individual may submit a new petition to the984
1027-board not before one year following a final judgment on their initial petition or upon985
1028-completing the remedial actions, whichever is earlier.986
1029-(8) The denial of a predetermination petition because of the applicant's criminal record987
1030-shall constitute a contested case as defined in Code Section 50-13-2. In an administrative988
1031-hearing or civil action reviewing the denial of a predetermination petition, the board shall989
1032-have the burden of proving that the applicant's criminal record directly relates to the990
1033-licensed occupation."991
1034-SECTION 2-9.992
1035-Said title is further amended by revising Code Section 43-18-46, relating to grounds for993
1036-denial or revocation of license or registration and other discipline for funeral directors and994
1037-embalmers, as follows:995
1038-"43-18-46.996
1039-In addition to the authority and provided in Code Section 43-1-19, the board may refuse997
1040-to grant a license to operate a funeral establishment or to practice embalming or funeral998
1041-directing, may refuse to grant a registration to serve as an apprentice, or may revoke,999
1042-suspend, fine, or otherwise discipline a licensee or registrant upon any of the following1000
1043-grounds:1001
1044-- 39 - LC 36 5900S
1045-(1) The employment of fraud or deception in applying for a license or registration or in1002
1046-passing the examination provided for in this article;1003
1047-(2) Issuance of a license or registration through error;1004
1048-(3) Conviction of a crime involving moral turpitude;1005
1049-(4)(3) The practice of embalming or funeral directing under a false name or the1006
1050-impersonation of another embalmer, funeral director, or apprentice of a like or different1007
1051-name;1008
1052-(5)(4) The making of a false statement or representation regarding the qualifications,1009
1053-training, or experience of any applicant;1010
1054-(6)(5) The making of a misrepresentation of any kind regarding any funeral merchandise;1011
1055-(7)(6) Directly or indirectly, by gifts or otherwise, committing the offense of buying1012
1056-business or paying a commission or making gifts, directly or indirectly, for the purpose1013
1057-of securing business to any physician or hospital, or to any institution where death occurs,1014
1058-or to any hospital superintendent, nurse, intern, or employee of any hospital, nursing1015
1059-home, or other institution where death occurs; or to any coroner or other government1016
1060-official;1017
1061-(8)(7) Gross or willful malpractice or gross neglect in the practice of embalming, funeral1018
1062-directing, or cremating;1019
1063-(9)(8) Signing a death certificate as having embalmed or prepared a body for burial or1020
1064-preservation when in fact someone else performed such embalming or preparation;1021
1065-(10)(9) Interfering, either directly or indirectly, with a licensed embalmer or funeral1022
1066-director having legal charge of a dead human body;1023
1067-(11)(10) Using any statements that mislead or deceive the public including, but not1024
1068-limited to, false or misleading statements regarding a legal or cemetery requirement,1025
1069-funeral merchandise, funeral services, or in the operation of a funeral establishment;1026
1070-(12)(11) Failing to fulfill the terms of a funeral service contract;1027
1071-- 40 - LC 36 5900S
1072-(13)(12) Disregarding a decedent's dignity, right to privacy, or right to confidentiality1028
1073-unless compelled by law to do otherwise;1029
1074-(14)(13) Using profane, indecent, or obscene language in the presence of a dead human1030
1075-body, or within the immediate hearing of the family or relatives of a deceased, whose1031
1076-body has not yet been interred or otherwise disposed;1032
1077-(15)(14) Failing to turn assigned benefits in excess of charges incurred over to the1033
1078-assignee of the deceased within ten working days of receipt of the assigned funds;1034
1079-(16)(15) Refusing to surrender promptly the custody of a dead human body upon the1035
1080-express order of the person lawfully entitled to the custody;1036
1081-(17)(16) Failing to have the charges rendered to be in compliance with those listed in the1037
1082-funeral establishment general price list, the casket price list, the outer burial container list,1038
1083-or the funeral service contract price list;1039
1084-(18)(17) Aiding or abetting an unlicensed person to practice under this article;1040
1085-(19)(18) Promoting or participating in a burial society, burial association, burial1041
1086-certificate plan, or burial membership plan;1042
1087-(20)(19) Soliciting, as defined in paragraph (21) of Code Section 43-18-1;1043
1088-(21)(20) Presenting a false certification of work done by an apprentice or as an1044
1089-apprentice;1045
1090-(22)(21) Willfully violating any state law or regulation; Federal Trade Commission law1046
1091-or regulation; Occupational Safety and Health Administration law or regulation;1047
1092-Department of Public Health law or regulation; Environmental Protection Agency law1048
1093-or regulation; or municipal or county ordinance or regulation that affects the handling,1049
1094-custody, care, or transportation of dead human bodies, including, but not limited to, the1050
1095-disposal of equipment, residual fluids, or medical wastes;1051
1096-(23)(22) Knowingly making any misleading, deceptive, untrue, or fraudulent1052
1097-representation in the practice of funeral directing or embalming or in any document1053
1098-connected therewith;1054
1099-- 41 - LC 36 5900S
1100-(24)(23) Discriminating in the provision of services because of race, creed, color,1055
1101-religion, gender, or national origin;1056
1102-(25)(24) Failing to safeguard all personal properties that were obtained from dead human1057
1103-remains and failing to dispose of same as directed by a legally authorized person;1058
1104-(26)(25) Failing to refund moneys due as a result of overpayment by an insurance1059
1105-company or other third party;1060
1106-(27)(26) Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious1061
1107-conduct or practice harmful to the public, which conduct or practice that materially1062
1108-affects the fitness of the licensee or registrant to practice in the funeral business, or is of1063
1109-a nature likely to jeopardize the interest of the general public, which conduct or practice1064
1110-and that need not have resulted in actual injury to any person or be directly related to the1065
1111-practice of funeral directing or embalming but shows that the person has committed any1066
1112-act or omission which is indicative of bad moral character or untrustworthiness;1067
1113-unprofessional untrustworthiness. Unprofessional conduct shall also include any1068
1114-departure from or failure to conform to the minimal reasonable standards of acceptable1069
1115-and prevailing practice of funeral services;1070
1116-(28)(27) Engaging in any practice whereby a person who is both a funeral director and1071
1117-a coroner or who is both a funeral director and a minister presents that person as a funeral1072
1118-director to a legally authorized person when death is imminent or after death occurs prior1073
1119-to when the legally authorized person selects a funeral director or funeral establishment1074
1120-which will handle the dead human body;1075
1121-(29)(28) Practicing embalming or funeral directing or operating a funeral establishment1076
1122-or crematory prior to the board's having approved an application for licensure; or1077
1123-(30)(29) Failing to satisfy the funeral director in full and continuous charge requirements1078
1124-as set out in Code Section 43-18-71 or funeral establishment requirements as set out in1079
1125-Code Section 43-18-70."1080
1126-- 42 - LC 36 5900S
1127-SECTION 2-10.1081
1128-Said title is further amended in Code Section 43-24A-9, relating to provisional permits for1082
1129-massage therapists, by revising subsection (a) as follows:1083
1130-"(a) A provisional permit to practice as a provisionally permitted massage therapist shall,1084
1131-upon proper application, be issued for a six-month period to an applicant who meets the1085
1132-following criteria:1086
1133-(1) Holds and maintains a valid license as a massage therapist in another state;1087
1134-(2) Is not a resident of this state as confirmed in a secure and verifiable document, as1088
1135-defined in Code Section 50-36-2;1089
1136-(3) Has not had a license or permit to practice as a massage therapist voided, revoked,1090
1137-suspended, denied, or annulled by this state or another state, territory, or jurisdiction; and1091
1138-(4) Has not been convicted of a directly related felony in the courts of this state, any1092
1139-other state, territory, or country, or in the courts of the United States, including, but not1093
1140-limited to, a plea of nolo contendere entered to such charge or the affording of first1094
1141-offender treatment to any such charge a plea to such charge for which an individual is1095
1142-currently serving a first offender sentence in the same manner as provided in paragraph1096
1143-(4) of subsection (a) of subsection (q) of Code Section 43-1-19. For purposes of this1097
1144-paragraph, the term 'felony' shall have the same meaning as provided in Code Section1098
1145-43-1-1."1099
1146-SECTION 2-11.1100
1147-Said title is further amended in Code Section 43-26-11, relating to denial or revocation of1101
1148-licenses and other discipline under the "Georgia Registered Professional Nurse Practice Act,"1102
1149-by revising paragraph (1) as follows:1103
1150-"(1) Been convicted of any directly related felony, crime involving moral turpitude, or1104
1151-directly related crime violating a federal or state law relating to controlled substances or1105
1152-dangerous drugs in the courts of this state, any other state, territory, or country, or in the1106
1153-- 43 - LC 36 5900S
1154-courts of the United States, including but not limited to a plea of nolo contendere entered1107
1155-to the charge,; provided, however, that such conviction shall be evaluated as provided by1108
1156-subsection (q) of Code Section 43-1-19; or"1109
1157-SECTION 2-12.1110
1158-Said title is further amended by revising Code Section 43-26-40, relating to refusal to grant1111
1159-license and revocation of registered practical nurses licenses and disciplining of licensees,1112
1160-as follows:1113
1161-"43-26-40.1114
1162-(a) In addition to the authority granted in Code Section 43-1-19, the board shall have the1115
1163-authority to refuse to grant a license to an applicant, to revoke the license of a licensee, or1116
1164-to discipline a licensee upon a finding by the board that the applicant or licensee has:1117
1165-(1) Been convicted of a directly related felony, a crime involving moral turpitude, or any1118
1166-directly related crime violating a federal or state law relating to controlled substances or1119
1167-dangerous drugs or marijuana in the courts of this state, any other state, territory, or1120
1168-country, or in the courts of the United States, including, but not limited to, a plea of nolo1121
1169-contendere entered to the charge; provided, however, that such conviction shall be1122
1170-evaluated as provided by subsection (q) of Code Section 43-1-19;1123
1171-(2) Had a license to practice nursing revoked, suspended, or annulled by any lawful1124
1172-licensing authority, had other disciplinary action taken by any lawful licensing authority,1125
1173-or was denied a license by any lawful licensing authority;1126
1174-(3) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or1127
1175-practice harmful to the public, which conduct or practice need not have resulted in actual1128
1176-injury to any person. As used in this paragraph, the term 'unprofessional conduct'1129
1177-includes the improper charting of medication and any departure from, or the failure to1130
1178-conform to, the minimal standards of acceptable and prevailing nursing practice;1131
1179-- 44 - LC 36 5900S
1180-(4) Violated or attempted to violate a law or any lawfully promulgated rule or regulation1132
1181-of this state, any other state, the board, the United States, or any other lawful authority,1133
1182-without regard to whether the violation is criminally punishable, which statute, law, or1134
1183-rule or regulation relates to or in part regulates the practice of nursing, when the licensee1135
1184-or applicant knows or should know that such action is violative of such law or rule;1136
1185-(5) Violated a lawful order of the board previously entered by the board in a disciplinary1137
1186-hearing; or1138
1187-(6) Displayed an inability to practice nursing as a licensed practical nurse with1139
1188-reasonable skill and safety due to illness, use of alcohol, drugs, narcotics, chemicals, or1140
1189-any other types of material, or as a result of any mental or physical condition:1141
1190-(A) In enforcement of this paragraph, the board may, upon reasonable grounds, require1142
1191-a licensee or applicant to submit to a mental or physical examination by a board1143
1192-approved health care professional. The expense of such mental or physical examination1144
1193-shall be borne by the licensee or applicant. The results of such examination shall be1145
1194-admissible in any hearing before the board, notwithstanding any claim of privilege1146
1195-under contrary law or rule. Every person who is licensed to practice practical nursing1147
1196-as a licensed practical nurse in this state, or an applicant for examination, endorsement,1148
1197-or reinstatement, shall be deemed to have given such person's consent to submit to such1149
1198-mental or physical examination and to have waived all objections to the admissibility1150
1199-of the results in any hearing before the board upon the grounds that the same constitutes1151
1200-a privileged communication. If a licensee or applicant fails to submit to such an1152
1201-examination when properly directed to do so by the board, unless such failure was due1153
1202-to circumstances beyond that person's control, the board may enter a final order upon1154
1203-proper notice, hearing, and proof of such refusal. Any licensee or applicant who is1155
1204-prohibited from practicing under this paragraph shall at reasonable intervals be afforded1156
1205-an opportunity to demonstrate to the board that such person can resume or begin to1157
1206-- 45 - LC 36 5900S
1207-practice practical nursing as a licensed practical nurse with reasonable skill and safety;1158
1208-and1159
1209-(B) In enforcement of this paragraph, the board may, upon reasonable grounds, obtain1160
1210-any and all records relating to the mental or physical condition of a licensee or1161
1211-applicant, including psychiatric records; such records shall be admissible in any hearing1162
1212-before the board, notwithstanding any privilege under a contrary rule, law, or statute.1163
1213-Every person who is licensed in this state or who shall file an application for said1164
1214-license shall be deemed to have given such person's consent to the board's obtaining1165
1215-such records and to have waived all objections to the admissibility of such records in1166
1216-any hearing before the board upon the grounds that the same constitute a privileged1167
1217-communication.1168
1218-(b) Neither denial of an initial license, the issuance of a private reprimand, the denial of1169
1219-a license by endorsement under Code Section 43-26-38, nor the denial of a request for1170
1220-reinstatement of a license on the grounds that the applicant or licensee has failed to meet1171
1221-the minimum requirements shall be considered a contested case within the meaning of1172
1222-Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and notice and hearing1173
1223-within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or1174
1224-licensee shall be allowed to appear before the board if he or she so requests.1175
1225-(c) Notwithstanding any other provision of this Code section, the denial of an initial1176
1226-license or the denial of a request for reinstatement of a license on the grounds that the1177
1227-applicant or licensee is disqualified due to a criminal record shall be in accordance with1178
1228-subsection (a) of Code Section 43-1-19."1179
1229-SECTION 2-13.1180
1230-Said title is further amended in Code Section 43-34-8, relating to the authority of the1181
1231-Composite Medical Board to refuse license, certificate, or permit medical professionals or1182
1232-to issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and1183
1233-- 46 - LC 36 5900S
1234-publication of final disciplinary actions, by revising paragraph (3) of subsection (a) as1184
1235-follows:1185
1236-"(3) Been convicted of a felony in the courts of this state or any other state, territory,1186
1237-country, or of the United States. As used in this paragraph, the term 'conviction of a1187
1238-felony' shall include a conviction of an offense which if committed in this state would be1188
1239-deemed a felony under either state or federal law, without regard to its designation1189
1240-elsewhere. As used in this paragraph, the term 'conviction' shall include a finding or1190
1241-verdict of guilt, a plea of guilty resulting in first offender status, or a plea of nolo1191
1242-contendere in a criminal proceeding, regardless of whether the adjudication of guilt or1192
1243-sentence is withheld or not entered thereon;. It shall also include a plea for which an1193
1244-individual is currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42,1194
1245-another state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1195
1246-(3.1) Been convicted of any directly related felony or directly related crime violating a1196
1247-federal or state law relating to controlled substances or dangerous drugs in the courts of1197
1248-this state, any other state, territory, or country, or in the courts of the United States,1198
1249-including but not limited to a plea of nolo contendere entered to the charge; provided,1199
1250-however, that such conviction shall be considered in the manner prescribed by subsection1200
1251-(q) of Code Section 43-1-19;"1201
1252-SECTION 2-14.1202
1253-Said title is further amended in Code Section 43-34-8, relating to the authority of the1203
1254-Composite Medical Board to refuse license, certificate, or permit medical professionals or1204
1255-to issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and1205
1256-publication of final disciplinary actions, by adding two new subsections to read as follows:1206
1257-"(a.1) Notwithstanding paragraphs (3), (3.1), (4), and (11) of subsection (a) of this Code1207
1258-section, the medical board shall refuse to grant a license to an individual or shall revoke a1208
1259-license only if a conviction directly relates to the occupation for which the license is sought1209
1260-- 47 - LC 36 5900S
1261-or held and granting the license would pose a direct and substantial risk to public safety1210
1262-because the individual has not been rehabilitated to safely perform the duties and1211
1263-responsibilities of the practice of medicine. In determining if a conviction directly relates1212
1264-to the occupation for which the license is sought or held, the medical board shall consider:1213
1265-(1) The nature and seriousness of the offense and the direct relationship of the criminal1214
1266-conduct to the duties and responsibilities of the occupation for which the license is sought1215
1267-or held;1216
1268-(2) The age of the individual at the time the offense was committed;1217
1269-(3) The length of time elapsed since the offense was committed;1218
1270-(4) All circumstances relative to the offense, including, but not limited to, mitigating1219
1271-circumstances or social conditions surrounding the commission of the offense; and1220
1272-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1221
1273-for which the license is sought or held, including, but not limited to:1222
1274-(A) The completion of the criminal sentence;1223
1275-(B) A program and treatment certificate issued by the Board of Corrections;1224
1276-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1225
1277-program;1226
1278-(D) Testimonials and recommendations, which may include a progress report from the1227
1279-individual's probation or parole officer;1228
1280-(E) Education and training;1229
1281-(F) Employment history;1230
1282-(G) Employment aspirations;1231
1283-(H) The individual's current family or community responsibilities, or both;1232
1284-(I) Whether a bond is required to practice the occupation;1233
1285-(J) Any affidavits or other written documents, including, but not limited to, character1234
1286-references; and1235
1287-(K) Any other information regarding rehabilitation the individual submits to the board.1236
1288-- 48 - LC 36 5900S
1289-(6) In determining whether to terminate and revoke a license, the board shall not consider1237
1290-nor require an individual to disclose:1238
1291-(A) A deferred adjudication, discharged first offender treatment, completed diversion1239
1292-program, completed conditional discharge, or an arrest not followed by a conviction;1240
1293-(B) A conviction for which no sentence of incarceration can be imposed;1241
1294-(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1242
1295-pardoned, provided that the board may consider a plea for which an individual is1243
1296-currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1244
1297-state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1245
1298-(D) A juvenile adjudication;1246
1299-(E) A misdemeanor conviction older than five years, unless the offense of conviction1247
1300-is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1248
1301-(F) A conviction older than five years for which the individual was not incarcerated,1249
1302-or a conviction for which the individual's incarceration ended more than five years1250
1303-before the date of the board's consideration, except for a felony conviction related to:1251
1304-(i) A criminal sexual act;1252
1305-(ii) Criminal fraud or embezzlement;1253
1306-(iii) Aggravated assault;1254
1307-(iv) Aggravated robbery;1255
1308-(v) Aggravated abuse, neglect, or endangerment of a child;1256
1309-(vi) Arson;1257
1310-(vii) Carjacking;1258
1311-(viii) Kidnapping; or1259
1312-(ix) Manslaughter, homicide, or murder.1260
1313-(a.2)(1) Notwithstanding any other provision of law, an individual with a criminal1261
1314-record, who has been domiciled in the State of Georgia for five years or more, may1262
1315-petition the board at any time, including while incarcerated and before starting or1263
1316-- 49 - LC 36 5900S
1317-completing any required professional qualifications for licensure, for a predetermination1264
1318-as to whether the individual's criminal record will disqualify him or her from obtaining1265
1319-a license.1266
1320-(2) The petition for predetermination shall include the individual's criminal record or1267
1321-authorize the board to obtain the individual's criminal record. The petitioning individual1268
1322-need not disclose any offenses falling under paragraph (a.1)(6) of this Code section. The1269
1323-petition shall also include any information the petitioner chooses to submit concerning1270
1324-the circumstances of their record and their rehabilitation.1271
1325-(3) In considering predetermination petitions, the professional licensing board shall apply1272
1326-the direct relationship standard in subsection (a.1) of this subsection and shall not1273
1327-consider any offenses falling under paragraph (a.1)(6) of this Code section. The board1274
1328-shall support any adverse predetermination by justifying that it is substantially more1275
1329-likely than not that a criminal record supports an adverse licensing decision.1276
1330-(4) A predetermination made under this subsection that a petitioner is eligible for a1277
1331-license shall be binding on the board only if the petitioner applies for licensure, fulfills1278
1332-all other requirements for the occupational license, and the petitioner's submitted criminal1279
1333-record was correct and remains unchanged at the time of his or her application for a1280
1334-license.1281
1335-(5) If a petitioner's criminal record includes matters that may disqualify the petitioner1282
1336-from licensure, the board shall notify the petitioner of the potentially disqualifying1283
1337-convictions. The letter of concern shall advise the petitioner of their opportunity to1284
1338-submit additional evidence of rehabilitation and mitigation or for a hearing, or both.1285
1339-(6) The board may predetermine that the petitioner's criminal record is likely grounds for1286
1340-denial of a license only after the board has held a hearing on the petitioner's eligibility in1287
1341-accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The1288
1342-hearing shall be held in person, by remote video, or by teleconference within 60 days of1289
1343-receipt of the predetermination petition. The individual shall have the opportunity to1290
1344-- 50 - LC 36 5900S
1345-include character witnesses at the hearing, including but not limited to family members,1291
1346-friends, past or prospective employers, probation or parole officers, and rehabilitation1292
1347-counselors, who may offer their verbal or written support. The board shall not make an1293
1348-adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The1294
1349-board shall issue a final decision within 60 days of complete submission of the issue for1295
1350-consideration or the hearing, whichever is later.1296
1351-(7) If the board decides that a predetermination petitioner is ineligible for a license, the1297
1352-board shall notify the petitioner of the following:1298
1353-(A) The grounds and rationale for the predetermination, including any of the1299
1354-petitioner's specific convictions and the factors provided for in subsection (a.2) of this1300
1355-Code section the board deemed directly relevant;1301
1356-(B) An explanation of the process and right to appeal the board's predetermination1302
1357-decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and1303
1358-(C) Any actions the petitioner may take to remedy the disqualification. An individual1304
1359-who receives a predetermination of ineligibility may submit a revised petition reflecting1305
1360-completion of the remedial actions. The individual may submit a new petition to the1306
1361-board not before one year following a final judgment on their initial petition or upon1307
1362-completing the remedial actions, whichever is earlier.1308
1363-(8) The denial of a predetermination petition because of the applicant's criminal record1309
1364-shall constitute a contested case as defined in Code Section 50-13-2. In an administrative1310
1365-hearing or civil action reviewing the denial of a predetermination petition, the board shall1311
1366-have the burden of proving that the applicant's criminal record directly relates to the1312
1367-licensed occupation."1313
1368-- 51 - LC 36 5900S
1369-SECTION 2-15.1314
1370-Said title is further amended in Code Section 43-34-107, relating to termination of approval1315
1371-and revocation of licenses of physician assistants by the Composite Medical Board, notice1316
1372-and hearing, and sanctions, by revising subsection (a) as follows:1317
1373-"(a)(1) The approval of a physician's utilization of a physician assistant may be1318
1374-terminated and the license revoked by the board when, after due notice and a hearing, in1319
1375-accordance with this Code section, it shall find that the assistant is incompetent or has1320
1376-committed unethical or immoral acts, including, but not limited to, holding himself or1321
1377-herself out or permitting another to represent him or her as a licensed physician;1322
1378-performing otherwise than at the direction of a physician approved by the board to utilize1323
1379-the assistant's services; habitually using intoxicants or drugs to such an extent that he or1324
1380-she is unable safely to perform as an assistant to the physician; or being convicted in any1325
1381-court, state or federal, of any felony or other criminal offense involving moral turpitude1326
1382-covered misdemeanor.1327
1383-(2) The board shall recommend action to terminate and revoke on the basis of a criminal1328
1384-conviction or adjudication only if the conviction or adjudication directly relates to the1329
1385-role of a physician assistant. In determining if a criminal conviction or adjudication1330
1386-directly relates to the role of a physician assistant, the board shall consider:1331
1387-(A) The nature and seriousness of the crime and the direct relationship of the criminal1332
1388-conduct to the duties and responsibilities of the physician assistant;1333
1389-(B) The age of the individual at the time such crime was committed;1334
1390-(C) The length of time elapsed since such crime was committed;1335
1391-(D) All circumstances relative to such crime, including, but not limited to, mitigating1336
1392-circumstances or social conditions surrounding the commission of the offense; and1337
1393-(E) Evidence of rehabilitation and present fitness to perform the duties of the1338
1394-occupation for which the certificate is sought or held, including, but not limited to:1339
1395-(i) The completion of the criminal sentence;1340
1396-- 52 - LC 36 5900S
1397-(ii) A program and treatment certificate issued by the Board of Corrections;1341
1398-(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1342
1399-treatment program;1343
1400-(iv) Testimonials and recommendations, which may include a progress report from1344
1401-the individual's probation or parole officer;1345
1402-(v) Education and training;1346
1403-(vi) Employment history;1347
1404-(vii) Employment aspirations;1348
1405-(viii) The individual's current family or community responsibilities, or both;1349
1406-(ix) Whether a bond is required to practice the occupation;1350
1407-(x) Any affidavits or other written documents, including, but not limited to, character1351
1408-references; and1352
1409-(xi) Any other information regarding rehabilitation the individual submits to the1353
1410-board.1354
1411-(3) In determining whether to terminate and revoke a license, the board or investigator1355
1412-shall not consider nor require an individual to disclose:1356
1413-(A) A deferred adjudication, discharged first offender treatment, completed diversion1357
1414-program, completed conditional discharge, or an arrest not followed by a conviction;1358
1415-(B) A conviction for which no sentence of incarceration can be imposed;1359
1416-(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1360
1417-pardoned, provided that the board may consider a plea for which an individual is1361
1418-currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1362
1419-state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1363
1420-(D) A juvenile adjudication;1364
1421-(E) A misdemeanor conviction older than five years, unless the offense of conviction1365
1422-is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1366
1423-- 53 - LC 36 5900S
1424-(F) A conviction older than five years for which the individual was not incarcerated,1367
1425-or a conviction for which the individual's incarceration ended more than five years1368
1426-before the date of the board's consideration, except for a felony conviction related to:1369
1427-(i) A criminal sexual act;1370
1428-(ii) Criminal fraud or embezzlement;1371
1429-(iii) Aggravated assault;1372
1430-(iv) Aggravated robbery;1373
1431-(v) Aggravated abuse, neglect, or endangerment of a child;1374
1432-(vi) Arson;1375
1433-(vii) Carjacking;1376
1434-(viii) Kidnapping; or1377
1435-(ix) Manslaughter, homicide, or murder."1378
1436-SECTION 2-16.1379
1437-Said title is further amended in Code Section 43-34-283, relating to licensure requirements1380
1438-for pain management clinics by the Composite Medical Board, by revising subsection (d) as1381
1439-follows:1382
1440-"(d)(1) Upon the filing of an application for a license, the board may cause a thorough1383
1441-investigation of the applicant to be made and such investigation may include a criminal1384
1442-background check; provided, however, that the board shall cause a thorough investigation1385
1443-of a new applicant to be made, and such investigation shall include a background check. 1386
1444-If satisfied that the applicant possesses the necessary qualifications, the board shall issue1387
1445-a license. However, the board may issue licenses with varying restrictions to such1388
1446-persons where the board deems it necessary for the purpose of safeguarding the public1389
1447-health, safety, and welfare.1390
1448-(2) The board shall recommend action to deny licensure on the basis of a criminal1391
1449-conviction or adjudication only if the conviction or adjudication directly relates to the1392
1450-- 54 - LC 36 5900S
1451-administration of a pain management clinic. In determining if a criminal conviction or1393
1452-adjudication directly relates to the administration of a pain management clinic, the board1394
1453-shall consider:1395
1454-(A) The nature and seriousness of the crime and the direct relationship of the criminal1396
1455-conduct to the duties and responsibilities of the licensee;1397
1456-(B) The age of the individual at the time such crime was committed;1398
1457-(C) The length of time elapsed since such crime was committed;1399
1458-(D) All circumstances relative to such crime, including, but not limited to, mitigating1400
1459-circumstances or social conditions surrounding the commission of the offense; and1401
1460-(E) Evidence of rehabilitation and present fitness to perform the duties of the1402
1461-occupation for which the certificate is sought or held, including, but not limited to:1403
1462-(i) The completion of the criminal sentence;1404
1463-(ii) A program and treatment certificate issued by the Board of Corrections;1405
1464-(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1406
1465-treatment program;1407
1466-(iv) Testimonials and recommendations, which may include a progress report from1408
1467-the individual's probation or parole officer;1409
1468-(v) Education and training;1410
1469-(vi) Employment history;1411
1470-(vii) Employment aspirations;1412
1471-(viii) The individual's current family or community responsibilities, or both;1413
1472-(ix) Whether a bond is required to practice the occupation;1414
1473-(x) Any affidavits or other written documents, including, but not limited to, character1415
1474-references; and1416
1475-(xi) Any other information regarding rehabilitation the individual submits to the1417
1476-board."1418
1477-- 55 - LC 36 5900S
1478-SECTION 2-17.1419
1479-Said title is further amended by revising Code Section 43-34-284, relating to denial,1420
1480-suspension, and revocation of licenses of pain management clinics by the Composite Medical1421
1481-Board, as follows:1422
1482-"43-34-284.1423
1483-(a) In addition to the authority granted in Code Section 43-34-8, a license obtained1424
1484-pursuant to this article may be denied, suspended, or revoked by the board upon finding1425
1485-that the licensee or a physician practicing at a licensed pain management clinic has: 1426
1486-(1) Furnished false or fraudulent material information in any application filed under this1427
1487-chapter;1428
1488-(2) Been convicted of a crime under any state or federal law relating to any controlled1429
1489-substance;1430
1490-(3) Had his or her federal registration to prescribe, distribute, or dispense controlled1431
1491-substances suspended or revoked; or1432
1492-(4) Violated the provisions of this chapter, Chapter 13 of Title 16, or Chapter 4 of Title1433
1493-26.1434
1494-(b) In determining whether to deny, suspend, or revoke a license based upon a criminal1435
1495-conviction or adjudication, the board shall consider:1436
1496-(1) The nature and seriousness of the crime and the direct relationship of the criminal1437
1497-conduct to the duties and responsibilities of the physician practicing at a licensed pain1438
1498-management clinic;1439
1499-(2) The age of the individual at the time such crime was committed;1440
1500-(3) The length of time elapsed since such crime was committed;1441
1501-(4) All circumstances relative to such crime, including, but not limited to, mitigating1442
1502-circumstances or social conditions surrounding the commission of the offense; and1443
1503-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1444
1504-for which the license is sought or held, including, but not limited to:1445
1505-- 56 - LC 36 5900S
1506-(A) The completion of the criminal sentence;1446
1507-(B) A program treatment certificate issued by the Board of Corrections;1447
1508-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1448
1509-program;1449
1510-(D) Testimonials and recommendations, which may include a progress report from the1450
1511-individual's probation or parole officer;1451
1512-(E) Education and training;1452
1513-(F) Employment history;1453
1514-(G) Employment aspirations;1454
1515-(H) The individual's current family or community responsibilities, or both;1455
1516-(I) Whether a bond is required to practice the occupation;1456
1517-(J) Any affidavits or other written documents, including, but not limited to, character1457
1518-references; and1458
1519-(K) Any other information regarding rehabilitation the individual submits to the board."1459
1520-SECTION 2-18.1460
1521-Said title is further amended in Code Section 43-39A-14, relating to grant of licenses for1461
1522-appraisers by the Real Estate Commission and Appraisers Board, grounds for suspension or1462
1523-revocation of license, other sanctions, surrender or lapse, and conviction, by revising1463
1524-subsection (b) as follows:1464
1525-"(b)(1) As used in this subsection, the term:1465
1526-(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of1466
1527-a felony or any crime involving moral turpitude covered misdemeanor, regardless of1467
1528-whether an appeal of the conviction has been brought; a sentencing to first offender1468
1529-treatment without an adjudication of guilt pursuant to a charge of a felony or any crime1469
1530-involving moral turpitude covered misdemeanor; or a plea of nolo contendere to a1470
1531-charge of a felony or any crime involving moral turpitude covered misdemeanor. The1471
1532-- 57 - LC 36 5900S
1533-commission shall have the burden of justifying that it is substantially more likely than1472
1534-not that a criminal record supports an adverse licensing decision.1473
1535-(B) 'Felony' means any offense committed:1474
1536-(i) Within this state and deemed a felony under the laws of this state or under the1475
1537-laws of the United States; or1476
1538-(ii) In another state and deemed a felony under the laws of that state or the laws of1477
1539-the United States.1478
1540-(1.1) No person who has a directly related conviction shall be eligible to become an1479
1541-applicant for a license or an approval authorized by this chapter unless such person has1480
1542-successfully completed all terms and conditions of any sentence imposed for such1481
1543-conviction, provided that if such individual has multiple convictions, at least five years1482
1544-shall have passed since the individual satisfied all terms and conditions of any sentence1483
1545-imposed for the last conviction before making application for licensure or approval; and1484
1546-provided, further, that if such individual has a single conviction, at least two years shall1485
1547-have passed since the individual satisfied all terms and conditions of any sentence1486
1548-imposed for the last conviction before making application for licensure or approval.1487
1549-(1.2) The board shall recommend disciplinary action or denial of an application for a1488
1550-licensure or approval authorized by this chapter on the basis of a criminal conviction or1489
1551-adjudication only if the conviction or adjudication directly relates to the role of an1490
1552-appraiser. In determining if a criminal conviction or adjudication directly relates to the1491
1553-role of an appraiser, the board shall consider:1492
1554-(A) The nature and seriousness of the crime and the direct relationship of the criminal1493
1555-conduct to the duties and responsibilities of the appraiser;1494
1556-(B) The age of the individual at the time such crime was committed;1495
1557-(C) The length of time elapsed since such crime was committed;1496
1558-(D) All circumstances relative to such crime, including, but not limited to, mitigating1497
1559-circumstances or social conditions surrounding the commission of the offense; and1498
1560-- 58 - LC 36 5900S
1561-(E) Evidence of rehabilitation and present fitness to perform the duties of the1499
1562-occupation for which the license is sought or held, including, but not limited to:1500
1563-(i) The completion of the criminal sentence;1501
1564-(ii) A program and treatment certificate issued by the Board of Corrections;1502
1565-(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1503
1566-treatment program;1504
1567-(iv) Testimonials and recommendations, which may include a progress report from1505
1568-the individual's probation or parole officer;1506
1569-(v) Education and training;1507
1570-(vi) Employment history;1508
1571-(vii) Employment aspirations;1509
1572-(viii) The individual's current family or community responsibilities, or both;1510
1573-(ix) Any affidavits or other written documents, including, but not limited to, character1511
1574-references; and1512
1575-(x) Any other information regarding rehabilitation the individual submits to the1513
1576-board.1514
1577-(F) In determining whether to terminate and revoke a license, the board shall not1515
1578-consider nor require an individual to disclose:1516
1579-(i) A deferred adjudication, discharged first offender treatment, completed diversion1517
1580-program, completed conditional discharge, or an arrest not followed by a conviction;1518
1581-(ii) A conviction for which no sentence of incarceration can be imposed;1519
1582-(iii) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1520
1583-pardoned, provided that the board may consider a plea for which an individual is1521
1584-currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1522
1585-state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; or1523
1586-(iv) A juvenile adjudication.1524
1587-- 59 - LC 36 5900S
1588-(1.2)(1.3) A person who has a directly related conviction in a court of competent1525
1589-jurisdiction of this state or any other state shall be eligible to become an applicant for a1526
1590-licensure or an approval authorized by this chapter only if:1527
1591-(A) Such person has satisfied all terms and conditions of any conviction such person1528
1592-may have had before making application for licensure or approval, provided that if such1529
1593-individual has multiple convictions, at least five years shall have passed since the1530
1594-individual satisfied all terms and conditions of any sentence imposed for the last1531
1595-conviction before making application for licensure or approval; and provided, further,1532
1596-that if such individual has been convicted of a single felony or of a single crime of1533
1597-moral turpitude covered misdemeanor, at least two years shall have passed since the1534
1598-individual satisfied all terms and conditions of any sentence imposed for the last1535
1599-conviction before making application for licensure or approval;1536
1600-(B) No criminal charges for forgery, embezzlement, obtaining money under false1537
1601-pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation1538
1602-violation, or a crime involving moral turpitude covered misdemeanor are pending1539
1603-against the person; and1540
1604-(C) Such person presents to the commission satisfactory proof that the person now1541
1605-bears a good reputation for honesty, trustworthiness, integrity, and competence to1542
1606-transact the business of a licensee in such a manner as to safeguard the interest of the1543
1607-public."1544
1608-SECTION 2-19.1545
1609-Said title is further amended in Code Section 43-40-15, relating to grant of licenses for1546
1610-brokers and salespersons by the Real Estate Commission and Appraisers Board, grounds for1547
1611-suspension or revocation of license, other sanctions, surrender or lapse, and conviction, by1548
1612-revising subsection (b) as follows:1549
1613-- 60 - LC 36 5900S
1614-"(b)(1) As used in this Code section, the term:1550
1615-(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of1551
1616-a felony or any crime involving moral turpitude covered misdemeanor, regardless of1552
1617-whether an appeal of the conviction has been brought; a sentencing to first offender1553
1618-treatment without an adjudication of guilt pursuant to a charge of a felony or any crime1554
1619-involving moral turpitude a covered misdemeanor; or a plea of nolo contendere to a1555
1620-charge of a felony or any crime involving moral turpitude covered misdemeanor. The1556
1621-commission shall have the burden of justifying that it is substantially more likely than1557
1622-not that a criminal record supports an adverse licensing decision.1558
1623-(B) 'Felony' means any offense committed:1559
1624-(i) Within this state and deemed a felony under the laws of this state or under the1560
1625-laws of the United States; or1561
1626-(ii) In another state and deemed a felony under the laws of that state or the laws of1562
1627-the United States.1563
1628-(1.1) No person who has a directly related conviction shall be eligible to become an1564
1629-applicant for a license or an approval authorized by this chapter unless such person has1565
1630-successfully completed all terms and conditions of any sentence imposed for such1566
1631-conviction, provided that if such individual has multiple convictions, at least five years1567
1632-shall have passed since the individual satisfied all terms and conditions of any sentence1568
1633-imposed for the last conviction before making application for licensure or approval; and1569
1634-provided, further, that if such individual has a single conviction, at least two years shall1570
1635-have passed since the individual satisfied all terms and conditions of any sentence1571
1636-imposed for the last conviction before making application for licensure or approval.1572
1637-(1.2) The commission shall recommend disciplinary action or denial of an application1573
1638-for a licensure or approval authorized by this chapter on the basis of a criminal conviction1574
1639-or adjudication only if the conviction or adjudication directly relates to the role of the1575
1640-- 61 - LC 36 5900S
1641-license sought. In determining if a criminal conviction or adjudication directly relates to1576
1642-the role of a broker or real estate salesperson, the commission shall consider:1577
1643-(A) The nature and seriousness of the crime and the direct relationship of the criminal1578
1644-conduct to the duties and responsibilities of the licensee;1579
1645-(B) The age of the individual at the time such crime was committed;1580
1646-(C) The length of time elapsed since such crime was committed;1581
1647-(D) All circumstances relative to such crime, including, but not limited to, mitigating1582
1648-circumstances or social conditions surrounding the commission of the offense; and1583
1649-(E) Evidence of rehabilitation and present fitness to perform the duties of the1584
1650-occupation for which the license is sought or held, including, but not limited to:1585
1651-(i) The completion of the criminal sentence;1586
1652-(ii) A program and treatment certificate issued by the Board of Corrections;1587
1653-(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1588
1654-treatment program;1589
1655-(iv) Testimonials and recommendations, which may include a progress report from1590
1656-the individual's probation or parole officer;1591
1657-(v) Education and training;1592
1658-(vi) Employment history;1593
1659-(vii) Employment aspirations;1594
1660-(viii) The individual's current family or community responsibilities, or both;1595
1661-(ix) Any affidavits or other written documents, including, but not limited to, character1596
1662-references; and1597
1663-(x) Any other information regarding rehabilitation the individual submits to the1598
1664-commission.1599
1665-(F) In determining whether to terminate and revoke a license, the board shall not1600
1666-consider nor require an individual to disclose:1601
1667-- 62 - LC 36 5900S
1668-(i) A deferred adjudication, discharged first offender treatment, completed diversion1602
1669-program, completed conditional discharge, or an arrest not followed by a conviction;1603
1670-(ii) A conviction for which no sentence of incarceration can be imposed;1604
1671-(iii) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1605
1672-pardoned, provided that the board may consider a plea for which an individual is1606
1673-currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1607
1674-state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; or1608
1675-(iv) A juvenile adjudication.1609
1676-(1.2)(1.3) A person who has a directly related conviction in a court of competent1610
1677-jurisdiction of this state or any other state shall be eligible to become an applicant for a1611
1678-licensure or an approval authorized by this chapter only if:1612
1679-(A) Such person has satisfied all terms and conditions of any conviction such person1613
1680-may have had before making application for licensure or approval, provided that if such1614
1681-individual has multiple convictions, at least five years shall have passed since the1615
1682-individual satisfied all terms and conditions of any sentence imposed for the last1616
1683-conviction before making application for licensure or approval; and provided, further,1617
1684-that if such individual has been convicted of a single felony or of a single crime of1618
1685-moral turpitude covered misdemeanor, at least two years shall have passed since the1619
1686-individual satisfied all terms and conditions of any sentence imposed for the last1620
1687-conviction before making application for licensure or approval;1621
1688-(B) No criminal charges for forgery, embezzlement, obtaining money under false1622
1689-pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation1623
1690-violation, or a crime involving moral turpitude covered misdemeanor are pending1624
1691-against the person; and1625
1692-(C) Such person presents to the commission satisfactory proof that the person now1626
1693-bears a good reputation for honesty, trustworthiness, integrity, and competence to1627
1694-- 63 - LC 36 5900S
1695-transact the business of a licensee in such a manner as to safeguard the interest of the1628
1696-public."1629
1697-SECTION 2-20.1630
1698-Said title is further amended in Code Section 43-45-9, relating to examination for structural1631
1699-pest control operator certification by the Structural Pest Control Commission, by revising1632
1700-subsection (a) as follows:1633
1701-"(a)(1) All applicants for examination for certification as an operator must have a1634
1702-knowledge of the practical and scientific facts underlying the practice of structural pest1635
1703-control, control of wood-destroying organisms, and fumigation and the necessary1636
1704-knowledge and ability to recognize and control those hazardous conditions which may1637
1705-affect human life and health. The commission may refuse to examine anyone convicted1638
1706-of a crime involving moral turpitude directly related felony or directly related covered1639
1707-misdemeanor.1640
1708-(2) The commission shall refuse to examine an applicant on the basis of a criminal1641
1709-conviction or adjudication only if the conviction or adjudication directly relates to the1642
1710-role of an operator. In determining if a criminal conviction or adjudication directly1643
1711-relates to the role of a pest control operator, the commission shall consider:1644
1712-(A) The nature and seriousness of the crime and the direct relationship of the criminal1645
1713-conduct to the duties and responsibilities of the operator;1646
1714-(B) The age of the individual at the time such crime was committed;1647
1715-(C) The length of time elapsed since such crime was committed;1648
1716-(D) All circumstances relative to such crime, including, but not limited to, mitigating1649
1717-circumstances or social conditions surrounding the commission of the offense; and1650
1718-(E) Evidence of rehabilitation and present fitness to perform the duties of the1651
1719-occupation for which the certificate is sought or held, including, but not limited to:1652
1720-(i) The completion of the criminal sentence;1653
1721-- 64 - LC 36 5900S
1722-(ii) A program and treatment certificate issued by the Board of Corrections;1654
1723-(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1655
1724-treatment program;1656
1725-(iv) Testimonials and recommendations, which may include a progress report from1657
1726-the individual's probation or parole officer;1658
1727-(v) Education and training;1659
1728-(vi) Employment history;1660
1729-(vii) Employment aspirations;1661
1730-(viii) The individual's current family or community responsibilities, or both;1662
1731-(ix) Whether a bond is required to practice the occupation;1663
1732-(x) Any affidavits or other written documents, including, but not limited to, character1664
1733-references; and1665
1734-(xi) Any other information regarding rehabilitation the individual submits to the1666
1735-commission.1667
1736-(3) In determining whether to refuse to examine an applicant, the commission shall not1668
1737-consider nor require an individual to disclose:1669
1738-(A) A deferred adjudication, discharged first offender treatment, completed diversion1670
1739-program, completed conditional discharge, or an arrest not followed by a conviction;1671
1740-(B) A conviction for which no sentence of incarceration can be imposed;1672
1741-(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1673
1742-pardoned, provided that the board may consider a plea for which an individual is1674
1743-currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1675
1744-state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1676
1745-(D) A juvenile adjudication;1677
1746-(E) A misdemeanor conviction older than five years, unless the offense of conviction1678
1747-is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1679
1748-- 65 - LC 36 5900S
1749-(F) A conviction older than five years for which the individual was not incarcerated,1680
1750-or a conviction for which the individual's incarceration ended more than five years1681
1751-before the date of the commission's consideration, except for a felony conviction related1682
1752-to:1683
1753-(i) A criminal sexual act;1684
1754-(ii) Criminal fraud or embezzlement;1685
1755-(iii) Aggravated assault;1686
1756-(iv) Aggravated robbery;1687
1757-(v) Aggravated abuse, neglect, or endangerment of a child;1688
1758-(vi) Arson;1689
1759-(vii) Carjacking;1690
1760-(viii) Kidnapping; or1691
1761-(ix) Manslaughter, homicide, or murder.1692
1762-(4)(A) Notwithstanding any other provision of law, an individual with a criminal1693
1763-record, who has been domiciled in the State of Georgia for five years or more, may1694
1764-petition the commission at any time, including while incarcerated and before starting1695
1765-or completing any required professional qualifications for certification, for a1696
1766-predetermination as to whether the individual's criminal record will disqualify such1697
1767-individual from obtaining a certification as an operator.1698
1768-(B) The petition for predetermination shall include the individual's criminal record or1699
1769-authorize the commission to obtain the individual's criminal record. The petitioning1700
1770-individual need not disclose any offenses falling under paragraph (3) of this subsection. 1701
1771-The petition shall also include any information the petitioner chooses to submit1702
1772-concerning the circumstances of their record and their rehabilitation.1703
1773-(C) In considering predetermination petitions, the commission shall apply the direct1704
1774-relationship standard in paragraph (2) of this subsection and shall not consider any1705
1775-offenses falling under paragraph (3) of this subsection. The commission shall support1706
1776-- 66 - LC 36 5900S
1777-any adverse predetermination by justifying that it is substantially more likely than not1707
1778-that a criminal record supports an adverse licensing decision.1708
1779-(D) A predetermination made under this subsection that a petitioner is eligible for a1709
1780-license shall be binding on the commission only if the petitioner applies for1710
1781-certification, fulfills all other requirements for operator certification, and the petitioner's1711
1782-submitted criminal record was correct and remains unchanged at the time of his or her1712
1783-application for certification.1713
1784-(E) If a petitioner's criminal record includes matters that may disqualify the petitioner1714
1785-from certification, the commission shall notify the petitioner of the potentially1715
1786-disqualifying convictions. The letter of concern shall advise the petitioner of their1716
1787-opportunity to submit additional evidence of rehabilitation and mitigation or for a1717
1788-hearing, or both.1718
1789-(F) The commission may predetermine that the petitioner's criminal record is likely1719
1790-grounds for denial of certification only after the commission has held a hearing on the1720
1791-petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia1721
1792-Administrative Procedure Act.' The hearing shall be held in person, by remote video,1722
1793-or by teleconference within 60 days of receipt of the predetermination petition. The1723
1794-individual shall have the opportunity to include character witnesses at the hearing,1724
1795-including but not limited to family members, friends, past or prospective employers,1725
1796-probation or parole officers, and rehabilitation counselors, who may offer their verbal1726
1797-or written support. The commission shall not make an adverse inference by a1727
1798-petitioner's decision to forgo a hearing or character witnesses. The commission shall1728
1799-issue a final decision within 60 days of complete submission of the issue for1729
1800-consideration or the hearing, whichever is later.1730
1801-(G) If the commission decides that a predetermination petitioner is ineligible for a1731
1802-license, the board shall notify the petitioner of the following:1732
1803-- 67 - LC 36 5900S
1804-(i) The grounds and rationale for the predetermination, including any of the1733
1805-petitioner's specific convictions and the factors provided for in paragraph (3) of this1734
1806-subsection the commission deemed directly relevant;1735
1807-(ii) An explanation of the process and right to appeal the commission's1736
1808-predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative1737
1809-Procedure Act'; and1738
1810-(iii) Any actions the petitioner may take to remedy the disqualification. An1739
1811-individual who receives a predetermination of ineligibility may submit a revised1740
1812-petition reflecting completion of the remedial actions. The individual may submit a1741
1813-new petition to the commission not before one year following a final judgment on1742
1814-their initial petition or upon completing the remedial actions, whichever is earlier.1743
1815-(H) The denial of a predetermination petition because of the applicant's criminal record1744
1816-shall constitute a contested case as defined in Code Section 50-13-2. In an1745
1817-administrative hearing or civil action reviewing the denial of a predetermination1746
1818-petition, the commission shall have the burden of proving that the applicant's criminal1747
1819-record directly relates to the licensed occupation."1748
1820-PART III1749
1821-SECTION 3-1.1750
1822-Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by1751
1823-adding a new paragraph to Code Section 20-2-982.1, relating to definitions relative to1752
1824-professional standards of teachers and other school personnel, to read as follows:1753
1825-"(1.1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of1754
1826-whether an appeal of such finding, verdict, or plea has been sought."1755
1827-- 68 - LC 36 5900S
1828-SECTION 3-2.1756
1829-Said title is further is amended by revising Code Section 20-2-984.3, relating to preliminary1757
1830-investigation of violations by the Professional Standards Commission, requirement for1758
1831-automatic investigation, and investigation of sexual offenses, as follows:1759
1832-"20-2-984.3.1760
1833-(a) Upon receipt of a written request from a local board, the state board, or one or more1761
1834-individual residents of this state, the commission shall be authorized to investigate:1762
1835-(1) Alleged violations by an educator of any law of this state pertaining to educators or1763
1836-the profession of education;1764
1837-(2) Alleged violations by an educator of the code of ethics of the commission;1765
1838-(3) Alleged violations by an educator of rules, regulations, or policies of the state board1766
1839-or the commission;1767
1840-(4) Complaints alleging a failure by an educator to meet or comply with standards of1768
1841-performance of the commission or the state board; or1769
1842-(5) Complaints alleging that an educator has been convicted of any directly related1770
1843-felony, of any crime involving moral turpitude directly related covered misdemeanor as1771
1844-defined in Code Section 43-1-1, of any other criminal offense involving the manufacture,1772
1845-distribution, trafficking, sale, or possession of a controlled substance or marijuana as1773
1846-provided for in Chapter 13 of Title 16, or of any other sexual offense as provided for in1774
1847-Code Sections 16-6-1 through 16-6-17 or Code Section 16-6-20, 16-6-22.2, or 16-12-1001775
1848-in the courts of this state or any other state, territory, or country or in the courts of the1776
1849-United States. As used in this paragraph, the term 'convicted' shall include a finding or1777
1850-verdict of guilty or a plea of nolo contendere, regardless of whether an appeal of the1778
1851-conviction has been sought; a situation where first offender treatment without1779
1852-adjudication of guilt pursuant to the charge was granted; and a situation where an1780
1853-adjudication of guilt or sentence was otherwise withheld or not entered on the charge or1781
1854-the charge was otherwise disposed of in a similar manner in any jurisdiction.1782
1855-- 69 - LC 36 5900S
1856-(b) The commission shall decide whether to conduct a preliminary investigation pursuant1783
1857-to this Code section within 30 days of the request unless an extension is granted pursuant1784
1858-to the procedure outlined in subsection (b) of Code Section 20-2-984.5. The commission1785
1859-may appoint a committee of its membership with the power to transact and carry out the1786
1860-business and duties of the commission when deciding whether to conduct a preliminary1787
1861-investigation.1788
1862-(b.1) In investigating whether to deny, diminish, limit, suspend, revoke, refuse to renew,1789
1863-or otherwise withhold a certificate, the commission shall not consider nor require an1790
1864-educator to disclose:1791
1865-(1) A deferred adjudication, discharged first offender treatment, completed diversion1792
1866-program, completed conditional discharge, or an arrest not followed by a conviction;1793
1867-(2) A conviction for which no sentence of incarceration can be imposed;1794
1868-(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1795
1869-pardoned, provided that the board may consider a plea for which an individual is1796
1870-currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's1797
1871-first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1798
1872-(4) A juvenile adjudication;1799
1873-(5) A misdemeanor conviction older than five years, unless the offense of conviction is1800
1874-listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1801
1875-(6) A conviction older than five years for which the individual was not incarcerated, or1802
1876-a conviction for which the individual's incarceration ended more than five years before1803
1877-the date of the commission's consideration, except for a felony conviction related to:1804
1878-(A) A criminal sexual act;1805
1879-(B) Criminal fraud or embezzlement;1806
1880-(C) Aggravated assault;1807
1881-(D) Aggravated robbery;1808
1882-(E) Aggravated abuse, neglect, or endangerment of a child;1809
1883-- 70 - LC 36 5900S
1884-(F) Arson;1810
1885-(G) Carjacking;1811
1886-(H) Kidnapping; or1812
1887-(I) Manslaughter, homicide, or murder.1813
1888-(c) When an educator admits on a Professional Standards Commission application to1814
1889-having resigned or being discharged for committing a felony or misdemeanor involving1815
1890-moral turpitude covered misdemeanor as defined in Code Section 43-1-1 or being under1816
1891-investigation by law enforcement authorities for such conduct or for committing a breach1817
1892-of the code of ethics or for a violation of state education laws or having a criminal history1818
1893-record or having had a surrender, denial, revocation, or suspension of a certificate or being1819
1894-the subject of an investigation or adverse action regarding a certificate, an investigation1820
1895-will automatically open without notification to the commission and with written1821
1896-notification to the educator.1822
1897-(c.1) Notwithstanding subsection (c) of this Code section, the commission shall not1823
1898-consider nor require an educator to disclose on a Professional Standards Commission1824
1899-application:1825
1900-(1) A deferred adjudication, discharged first offender treatment, completed diversion1826
1901-program, completed conditional discharge, or an arrest not followed by a conviction;1827
1902-(2) A conviction for which no sentence of incarceration can be imposed;1828
1903-(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1829
1904-pardoned, provided that the board may consider a plea for which an individual is1830
1905-currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's1831
1906-first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1832
1907-(4) A juvenile adjudication;1833
1908-(5) A misdemeanor conviction older than five years, unless the offense of conviction is1834
1909-listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1835
1910-- 71 - LC 36 5900S
1911-(6) A conviction older than five years for which the individual was not incarcerated, or1836
1912-a conviction for which the individual's incarceration ended more than five years before1837
1913-the date of the commission's consideration, except for a felony conviction related to:1838
1914-(A) A criminal sexual act;1839
1915-(B) Criminal fraud or embezzlement;1840
1916-(C) Aggravated assault;1841
1917-(D) Aggravated robbery;1842
1918-(E) Aggravated abuse, neglect, or endangerment of a child;1843
1919-(F) Arson;1844
1920-(G) Carjacking;1845
1921-(H) Kidnapping; or1846
1922-(I) Manslaughter, homicide, or murder.1847
1923-(d) Notwithstanding the requirements of this Code section, the staff of the commission1848
1924-shall be authorized, without notification to the commission, to immediately open an1849
1925-investigation submitted to the commission by a local school superintendent, with approval1850
1926-of the local board of education, of a complaint by a student against an educator alleging a1851
1927-sexual offense, as provided for in Code Sections 16-6-1 through 16-6-17 or Code Section1852
1928-16-6-20, 16-6-22.2, or 16-12-100.1853
1929-(e)(1) Notwithstanding any other provision of law, an individual with a criminal record,1854
1930-who has been domiciled in the State of Georgia for five years or more, may petition the1855
1931-commission at any time, including while incarcerated and before starting or completing1856
1932-any required professional qualifications for certification, for a predetermination as to1857
1933-whether the individual's criminal record will disqualify him or her from obtaining a1858
1934-certificate.1859
1935-(2) The petition for predetermination shall include the individual's criminal record or1860
1936-authorize the board to obtain the individual's criminal record. The petitioning individual1861
1937-need not disclose any offenses falling under subsection (c.1) of this Code section. The1862
1938-- 72 - LC 36 5900S
1939-petition shall also include any information the petitioner chooses to submit concerning1863
1940-the circumstances of their record and their rehabilitation.1864
1941-(3) In considering predetermination petitions, the commission shall apply the direct1865
1942-relationship standard in subsection (a.1) of Code Section 20-2-984.5 and shall not1866
1943-consider any offenses falling under subsection (c.1) of this Code section. The1867
1944-commission shall support any adverse predetermination by justifying that it is1868
1945-substantially more likely than not that a criminal record supports an adverse licensing1869
1946-decision.1870
1947-(4) A predetermination made under this subsection that a petitioner is eligible for a1871
1948-certificate shall be binding on the commission only if the petitioner applies for1872
1949-certification, fulfills all other requirements for the certificate, and the petitioner's1873
1950-submitted criminal record was correct and remains unchanged at the time of his or her1874
1951-application for a certificate.1875
1952-(5) If a petitioner's criminal record includes matters that may disqualify the petitioner1876
1953-from certification, the commission shall notify the petitioner of the potentially1877
1954-disqualifying convictions. The letter of concern shall advise the petitioner of their1878
1955-opportunity to submit additional evidence of rehabilitation and mitigation or for a1879
1956-hearing, or both.1880
1957-(6) The commission may predetermine that the petitioner's criminal record is likely1881
1958-grounds for denial of a license only after the commission has held a hearing on the1882
1959-petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia1883
1960-Administrative Procedure Act.' The hearing shall be held in person, by remote video, or1884
1961-by teleconference within 60 days of receipt of the predetermination petition. The1885
1962-individual shall have the opportunity to include character witnesses at the hearing,1886
1963-including but not limited to family members, friends, past or prospective employers,1887
1964-probation or parole officers, and rehabilitation counselors, who may offer their verbal or1888
1965-written support. The commission shall not make an adverse inference by a petitioner's1889
1966-- 73 - LC 36 5900S
1967-decision to forgo a hearing or character witnesses. The commission shall issue a final1890
1968-decision within 60 days of complete submission of the issue for consideration or the1891
1969-hearing, whichever is later.1892
1970-(7) If the commission decides that a predetermination petitioner is ineligible for a1893
1971-certificate, the board shall notify the petitioner of the following:1894
1972-(A) The grounds and rationale for the predetermination, including any specific1895
1973-convictions and the factors in subsection (a.1) of Code Section 20-2-984.5 the1896
1974-commission deemed directly relevant;1897
1975-(B) An explanation of the process and right to appeal the commission's1898
1976-predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative1899
1977-Procedure Act'; and1900
1978-(C) Any actions the petitioner may take to remedy the disqualification. An individual1901
1979-who receives a predetermination of ineligibility may submit a revised petition reflecting1902
1980-completion of the remedial actions. The individual may submit a new petition to the1903
1981-commission not before one year following a final judgment on their initial petition or1904
1982-upon completing the remedial actions, whichever is earlier.1905
1983-(8) The denial of a predetermination petition because of the applicant's criminal record1906
1984-shall constitute a contested case as defined in Code Section 50-13-2. In an administrative1907
1985-hearing or civil action reviewing the denial of a predetermination petition, the1908
1986-commission shall have the burden of proving that the applicant's criminal record directly1909
1987-relates to the licensed occupation."1910
1988-SECTION 3-3.1911
1989-Said title is further amended in Code Section 20-2-984.5, relating to preliminary1912
1990-investigations of educators, disciplinary actions, and hearings by the Professional Standards1913
1991-Commission, by adding two new subsections to read as follows:1914
1992-- 74 - LC 36 5900S
1993-"(a.1) The commission shall recommend disciplinary action on the basis of a criminal1915
1994-conviction only if the conviction or adjudication directly relates to the role of an educator. 1916
1995-In determining if a criminal conviction directly relates to the role of an educator, the1917
1996-commission shall consider:1918
1997-(1) The nature and seriousness of the crime and the direct relationship of the criminal1919
1998-conduct to the duties and responsibilities of the educator;1920
1999-(2) The age of the individual at the time such crime was committed;1921
2000-(3) The length of time elapsed since such crime was committed;1922
2001-(4) All circumstances relative to such crime, including, but not limited to, mitigating1923
2002-circumstances or social conditions surrounding the commission of the offense; and1924
2003-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1925
2004-for which the certificate is sought or held, including, but not limited to:1926
2005-(A) The completion of the criminal sentence;1927
2006-(B) A program and treatment certificate issued by the Board of Corrections;1928
2007-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1929
2008-program;1930
2009-(D) Testimonials and recommendations, which may include a progress report from the1931
2010-individual's probation or parole officer;1932
2011-(E) Education and training;1933
2012-(F) Employment history;1934
2013-(G) Employment aspirations;1935
2014-(H) The individual's current family or community responsibilities, or both;1936
2015-(I) Whether a bond is required to practice the occupation;1937
2016-(J) Any affidavits or other written documents, including, but not limited to, character1938
2017-references; and1939
2018-(K) Any other information regarding rehabilitation the individual submits to the1940
2019-commission.1941
2020-- 75 - LC 36 5900S
2021-(a.2) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew,1942
2022-or otherwise withhold a license, the commission or investigator shall not consider nor1943
2023-require an individual to disclose:1944
2024-(1) A deferred adjudication, discharged first offender treatment, completed diversion1945
2025-program, completed conditional discharge, or an arrest not followed by a conviction;1946
2026-(2) A conviction for which no sentence of incarceration can be imposed;1947
2027-(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1948
2028-pardoned, provided that the board may consider a plea for which an individual is1949
2029-currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's1950
2030-first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1951
2031-(4) A juvenile adjudication;1952
2032-(5) A misdemeanor conviction older than five years, unless the offense of conviction is1953
2033-listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1954
2034-(6) A conviction older than five years for which the individual was not incarcerated, or1955
2035-a conviction for which the individual's incarceration ended more than five years before1956
2036-the date of the commission's consideration, except for a felony conviction related to:1957
2037-(A) A criminal sexual act;1958
2038-(B) Criminal fraud or embezzlement;1959
2039-(C) Aggravated assault;1960
2040-(D) Aggravated robbery;1961
2041-(E) Aggravated abuse, neglect, or endangerment of a child;1962
2042-(F) Arson;1963
2043-(G) Carjacking;1964
2044-(H) Kidnapping; or1965
2045-(I) Manslaughter, homicide, or murder."1966
2046-- 76 - LC 36 5900S
2047-PART IV1967
2048-SECTION 4-1.1968
2049-Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics,1969
2050-is amended by revising subsection (a) of Code Section 26-4-41, relating to qualifications for1970
2051-pharmacist licenses, examination, and internships and other training programs, as follows:1971
2052-"(a) Qualifications. To obtain a license to engage in the practice of pharmacy, an1972
2053-applicant for licensure by examination shall:1973
2054-(1) Have submitted an application in the form prescribed by the board;1974
2055-(2) Have attained the age of majority;1975
2056-(3) Be of good moral character;1976
2057-(4)(3) Have graduated and received a professional undergraduate degree from a college1977
2058-or school of pharmacy as the same may be approved by the board; provided, however,1978
2059-that, since it would be impractical for the board to evaluate a school or college of1979
2060-pharmacy located in another country, the board may accept a graduate from such a school1980
2061-or college so long as the graduate has completed all requirements of the Foreign1981
2062-Pharmacy Equivalency Certification Program administered by the National Association1982
2063-of Boards of Pharmacy. This shall include successful completion of all required1983
2064-examinations and the issuance of the equivalency certificate and be based upon an1984
2065-individual evaluation by the board of the applicant's educational experience, professional1985
2066-background, and proficiency in the English language;1986
2067-(5)(4) Have completed an internship or other program that has been approved by the1987
2068-board or demonstrated to the board's satisfaction that experience in the practice of1988
2069-pharmacy which meets or exceeds the minimum internship requirements of the board;1989
2070-(6)(5) Have successfully passed an examination or examinations approved by the board;1990
2071-and1991
2072-- 77 - LC 36 5900S
2073-(7)(6) Have paid the fees specified by the board for the examination and any related1992
2074-materials and have paid for the issuance of the license."1993
2075-SECTION 4-2.1994
2076-Said title is further amended in Code Section 26-4-60, relating to grounds for suspension,1995
2077-revocation or refusal to grant pharmacist licenses, by revising paragraph (3) of subsection (a)1996
2078-as follows:1997
2079-"(3) Except as prohibited in Code Section 26-4-60.1, for being Being:1998
2080-(A) Convicted of a felony;1999
2081-(B) Convicted of any crime involving moral turpitude covered misdemeanor, as2000
2082-defined in Code Section 43-1-1, in this state or any other state, territory, or country or2001
2083-in the courts of the United States; or2002
2084-(C) Convicted or guilty of violations of the pharmacy or drug laws of this state, or rules2003
2085-and regulations pertaining thereto, or of laws, rules, and regulations of any other state,2004
2086-or of the federal government;"2005
2087-SECTION 4-3.2006
2088-Said title is further amended by adding two new Code sections to read as follows:2007
2089-"26-4-60.1.2008
2090-(a) Notwithstanding paragraph (3) of subsection (a) of Code Section 26-4-60, the board2009
2091-of pharmacy shall refuse to grant a license to an individual or shall revoke a license only2010
2092-if a conviction directly relates to the occupation for which the license is sought or held and2011
2093-granting the license would pose a direct and substantial risk to public safety because the2012
2094-individual has not been rehabilitated to safely perform the duties and responsibilities of the2013
2095-practice of pharmacy. In determining if a conviction directly relates to the occupation for2014
2096-which the license is sought or held, the board of pharmacy shall consider:2015
2097-- 78 - LC 36 5900S
2098-(1) The nature and seriousness of the offense and the direct relationship of the criminal2016
2099-conduct to the duties and responsibilities of the occupation for which the license is sought2017
2100-or held;2018
2101-(2) The age of the individual at the time the offense was committed;2019
2102-(3) The length of time elapsed since the offense was committed;2020
2103-(4) All circumstances relative to the offense, including, but not limited to, mitigating2021
2104-circumstances or social conditions surrounding the commission of the offense; and2022
2105-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2023
2106-for which the license is sought or held, including, but not limited to:2024
2107-(A) The completion of the criminal sentence;2025
2108-(B) A program and treatment certificate issued by the Board of Corrections;2026
2109-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2027
2110-program;2028
2111-(D) Testimonials and recommendations, which may include a progress report from the2029
2112-individual's probation or parole officer;2030
2113-(E) Education and training;2031
2114-(F) Employment history;2032
2115-(G) Employment aspirations;2033
2116-(H) The individual's current family or community responsibilities, or both;2034
2117-(I) Whether a bond is required to practice the occupation;2035
2118-(J) Any affidavits or other written documents, including, but not limited to, character2036
2119-references; and2037
2120-(K) Any other information regarding rehabilitation the individual submits to the board.2038
2121-(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or2039
2122-otherwise withhold a license, the board of pharmacy shall not consider nor require an2040
2123-individual to disclose:2041
2124-- 79 - LC 36 5900S
2125-(1) A deferred adjudication, discharged first offender treatment, completed diversion2042
2126-program, completed conditional discharge, or an arrest not followed by a conviction;2043
2127-(2) A conviction for which no sentence of incarceration can be imposed;2044
2128-(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or2045
2129-pardoned, provided that the board may consider a plea for which an individual is2046
2130-currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's2047
2131-first offender laws, or subsection (a) or (c) of Code Section 16-13-2;2048
2132-(4) A juvenile adjudication;2049
2133-(5) A misdemeanor conviction older than five years, unless the offense of conviction is2050
2134-listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or2051
2135-(6) A conviction older than five years for which the individual was not incarcerated, or2052
2136-a conviction for which the individual's incarceration ended more than five years before2053
2137-the date of the board's consideration, except for a felony conviction related to:2054
2138-(A) A criminal sexual act;2055
2139-(B) Criminal fraud or embezzlement;2056
2140-(C) Aggravated assault;2057
2141-(D) Aggravated robbery;2058
2142-(E) Aggravated abuse, neglect, or endangerment of a child;2059
2143-(F) Arson;2060
2144-(G) Carjacking;2061
2145-(H) Kidnapping;2062
2146-(I) Manslaughter, homicide, or murder; or2063
2147-(J) Distribution, manufacturing, or possession of a controlled substance.2064
2148-26-4-60.2.2065
2149-(a) Notwithstanding any other provision of law, an individual with a criminal record, who2066
2150-has been domiciled in the State of Georgia for five years or more, may petition the board2067
2151-- 80 - LC 36 5900S
2152-of pharmacy at any time, including while incarcerated and before starting or completing2068
2153-any required professional qualifications for licensure, for a predetermination as to whether2069
2154-the individual's criminal record will disqualify him or her from obtaining a license.2070
2155-(b) The petition for predetermination shall include the individual's criminal record or2071
2156-authorize the board to obtain the individual's criminal record. The petitioning individual2072
2157-need not disclose any offenses falling under subsection (b) of Code Section 20-4-60.1. The2073
2158-petition shall also include any information the petitioner chooses to submit concerning the2074
2159-circumstances of their record and their rehabilitation.2075
2160-(c) In considering predetermination petitions, the board shall apply the direct relationship2076
2161-standard in subsection (a) of Code Section 26-4-60.1 and shall not consider any offenses2077
2162-falling under subsection (b) of Code Section 26-4-60.1. The board shall support any2078
2163-adverse predetermination by justifying that it is substantially more likely than not that a2079
2164-criminal record supports an adverse licensing decision.2080
2165-(d) A predetermination made under this subsection that a petitioner is eligible for a license2081
2166-shall be binding on the board only if the petitioner applies for licensure, fulfills all other2082
2167-requirements for the licensure, and the petitioner's submitted criminal record was correct2083
2168-and remains unchanged at the time of his or her application for a license.2084
2169-(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2085
2170-licensure, the board shall notify the petitioner of the potentially disqualifying convictions. 2086
2171-The letter of concern shall advise the petitioner of their opportunity to submit additional2087
2172-evidence of rehabilitation and mitigation or for a hearing, or both.2088
2173-(f) The board may predetermine that the petitioner's criminal record is likely grounds for2089
2174-denial of a license only after the board has held a hearing on the petitioner's eligibility in2090
2175-accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The2091
2176-hearing shall be held in person, by remote video, or by teleconference within 60 days of2092
2177-receipt of the predetermination petition. The individual shall have the opportunity to2093
2178-include character witnesses at the hearing, including but not limited to family members,2094
2179-- 81 - LC 36 5900S
2180-friends, past or prospective employers, probation or parole officers, and rehabilitation2095
2181-counselors, who may offer their verbal or written support. The board shall not make an2096
2182-adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The2097
2183-board shall issue a final decision within 60 days of complete submission of the issue for2098
2184-consideration or the hearing, whichever is later.2099
2185-(g) If the board decides that a predetermination petitioner is ineligible for a license, the2100
2186-board shall notify the petitioner of the following:2101
2187-(1) The grounds and rationale for the predetermination, including the specific2102
2188-convictions and the factors in paragraph (1) of subsection (a) of this Code section the2103
2189-board deemed directly relevant;2104
2190-(2) An explanation of the process and right to appeal the board's predetermination2105
2191-decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and2106
2192-(3) Any actions the petitioner may take to remedy the disqualification. An individual2107
2193-who receives a predetermination of ineligibility may submit a revised petition reflecting2108
2194-completion of the remedial actions. The individual may submit a new petition to the2109
2195-board not before one year following a final judgment on their initial petition or upon2110
2196-completing the remedial actions, whichever is earlier.2111
2197-(h) The denial of a predetermination petition because of the applicant's criminal record2112
2198-shall constitute a contested case as defined in Code Section 50-13-2. In an administrative2113
2199-hearing or civil action reviewing the denial of a predetermination petition, the board shall2114
2200-have the burden of proving that the applicant's criminal record directly relates to the2115
2201-licensed occupation."2116
2202-- 82 - LC 36 5900S
2203-PART V2117
2204-SECTION 5-1.2118
2205-Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code2119
2206-Section 31-7-351, relating to definitions relative to the Georgia long-term care background2120
2207-check program, by revising paragraph (5) as follows:2121
2208-"(5)(A) 'Criminal record' means any of the following:2122
2209-(i) Conviction of a crime;2123
2210-(ii) Arrest, charge, and sentencing for a crime when:2124
2211-(I) A plea of nolo contendere was entered to the crime;2125
2212-(II) First offender treatment without adjudication of guilt was granted to the crime;2126
2213-or2127
2214-(III) Adjudication or sentence was otherwise withheld or not entered for the crime;2128
2215-or2129
2216-(iii) Arrest and charges for a crime if the charge is pending, unless the time for2130
2217-prosecuting such crime has expired pursuant to Chapter 3 of Title 17.2131
2218-(B) Such term shall not include an owner, applicant, or employee for which at least ten2132
2219-years have elapsed from the date of his or her criminal background check since the2133
2220-completion of all of the terms of his or her sentence dates of conviction or adjudication;2134
2221-such term also shall not include an owner, applicant, or employee who has received a2135
2222-general pardon from the State Board of Pardons and Paroles for the convictions;2136
2223-provided, however, that such ten-year period exemption or and pardon exemption shall2137
2224-never apply to any crime identified in subsection (j) of Code Section 42-8-60."2138
2225-- 83 - LC 36 5900S
2226-PART VI2139
2227-SECTION 6-1.2140
2228-Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code2141
2229-Section 33-23-21, relating to grounds for refusal, suspension, or revocation of insurance2142
2230-agent licenses, by revising paragraphs (15) and (16) as follows:2143
2231-"(15) Except as otherwise provided in Code Section 33-23-21.2, has Has been convicted2144
2232-of any felony or of any crime involving moral turpitude covered misdemeanor as defined2145
2233-in Code Section 43-1-1 in the courts of this state or any other state, territory, or country2146
2234-or in the courts of the United States; as used in this paragraph and paragraph (16) of this2147
2235-subsection, the term 'felony' shall include any offense which, if committed in this state,2148
2236-would be deemed a felony, without regard to its designation elsewhere; and, as used in2149
2237-this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea2150
2238-of guilty, regardless of whether an appeal of the conviction has been sought;2151
2239-(16) Except as otherwise provided in Code Section 33-23-21.2, has Has been arrested,2152
2240-charged, and sentenced for the commission of any directly related felony, or any crime2153
2241-involving moral turpitude directly related covered misdemeanor as defined in Code2154
2242-Section 43-1-1, where:2155
2243-(A) First offender treatment without adjudication of guilt pursuant to the charge was2156
2244-granted; or2157
2245-(B) An adjudication of guilt or sentence was otherwise withheld or not entered on the2158
2246-charge.2159
2247-The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating2160
2248-to probation of first offenders, or other first offender treatment shall be conclusive2161
2249-evidence of arrest and sentencing for such crime;"2162
2250-- 84 - LC 36 5900S
2251-SECTION 6-2.2163
2252-Said title is further amended by adding two new Code sections to read as follows:2164
2253-"33-23-21.2.2165
2254-Notwithstanding Code Section 33-23-21, the Commissioner shall refuse to grant a license2166
2255-to an individual or shall revoke a license on the basis of a conviction only if such2167
2256-conviction directly relates to the occupation for which the license is sought or held and2168
2257-granting the license would pose a direct and substantial risk to public safety because the2169
2258-individual has not been rehabilitated to safely perform the duties and responsibilities of a2170
2259-licensee. In determining if a conviction directly relates to the occupation for which the2171
2260-license is sought or held, the Commissioner shall consider:2172
2261-(1) The nature and seriousness of the offense and the direct relationship of the criminal2173
2262-conduct to the duties and responsibilities of the occupation for which the license is sought2174
2263-or held;2175
2264-(2) The age of the individual at the time the offense was committed;2176
2265-(3) The length of time elapsed since the offense was committed;2177
2266-(4) All circumstances relative to the offense, including, but not limited to, mitigating2178
2267-circumstances or social conditions surrounding the commission of the offense; and2179
2268-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2180
2269-for which the license is sought or held, including, but not limited to:2181
2270-(A) The completion of the criminal sentence;2182
2271-(B) A program and treatment certificate issued by the Board of Corrections;2183
2272-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2184
2273-program;2185
2274-(D) Testimonials and recommendations, which may include a progress report from the2186
2275-individual's probation or parole officer;2187
2276-(E) Education and training;2188
2277-(F) Employment history;2189
2278-- 85 - LC 36 5900S
2279-(G) Employment aspirations;2190
2280-(H) The individual's current family or community responsibilities, or both;2191
2281-(I) Whether a bond is required to practice the occupation;2192
2282-(J) Any affidavits or other written documents, including, but not limited to, character2193
2283-references; and2194
2284-(K) Any other information regarding rehabilitation the individual submits to the2195
2285-Commissioner.2196
2286-33-23-21.3.2197
2287-(a) Notwithstanding any other provision of law, an individual with a criminal record, who2198
2288-has been domiciled in the State of Georgia for five years or more, may petition the2199
2289-Commissioner at any time, including while incarcerated and before starting or completing2200
2290-any required professional qualifications for licensure, for a predetermination as to whether2201
2291-the individual's criminal record will disqualify him or her from obtaining a license.2202
2292-(b) The petition for predetermination shall include the individual's criminal record or2203
2293-authorize the Commissioner to obtain the individual's criminal record. The petition shall2204
2294-also include information submitted by the petitioner concerning the circumstances of their2205
2295-record and their rehabilitation.2206
2296-(c) In considering predetermination petitions, the Commissioner shall apply the direct2207
2297-relationship standard in Code Section 33-23-21.2.2208
2298-(d) A predetermination made under this subsection that a petitioner is eligible for a license2209
2299-shall be binding on the Commissioner only if the petitioner applies for licensure, fulfills2210
2300-all other requirements for the licensure, and the petitioner's submitted criminal record was2211
2301-correct and remains unchanged at the time of his or her application for a license.2212
2302-(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2213
2303-licensure, the Commissioner shall provide notice and opportunity for a hearing in2214
2304-accordance with Chapter 2 of this title.2215
2305-- 86 - LC 36 5900S
2306-(f) If, after notice and the opportunity for a hearing, the Commissioner decides that a2216
2307-predetermination petitioner is ineligible for a license, the Commissioner shall notify the2217
2308-petitioner of the following:2218
2309-(1) The grounds and rationale for the predetermination, including the factors in Code2219
2310-Section 33-23-21.2 the Commissioner deemed directly relevant;2220
2311-(2) An explanation of the process and right to appeal the Commissioner's2221
2312-predetermination decision; and2222
2313-(3) Any actions the petitioner may take to remedy the disqualification. An individual2223
2314-who receives a predetermination of ineligibility may submit a revised petition reflecting2224
2315-completion of the remedial actions. The individual may submit a new petition to the2225
2316-Commissioner not before one year following a final judgment on their initial petition or2226
2317-upon completing the remedial actions, whichever is earlier."2227
2318-SECTION 6-3.2228
2319-Said title is further amended by adding two new Code sections to read as follows:2229
2320-"33-23-43.11.2230
2321-Notwithstanding Code Section 33-23-43.10, the Commissioner shall refuse to grant a2231
2322-license to an individual or shall revoke a license on the basis of a conviction only if such2232
2323-conviction directly relates to the occupation for which the license is sought or held and2233
2324-granting the license would pose a direct and substantial risk to public safety because the2234
2325-individual has not been rehabilitated to safely perform the duties and responsibilities of a2235
2326-licensee. In determining if a conviction directly relates to the occupation for which the2236
2327-license is sought or held, the Commissioner shall consider:2237
2328-(1) The nature and seriousness of the offense and the direct relationship of the criminal2238
2329-conduct to the duties and responsibilities of the occupation for which the license is sought2239
2330-or held;2240
2331-(2) The age of the individual at the time the offense was committed;2241
2332-- 87 - LC 36 5900S
2333-(3) The length of time elapsed since the offense was committed;2242
2334-(4) All circumstances relative to the offense, including, but not limited to, mitigating2243
2335-circumstances or social conditions surrounding the commission of the offense; and2244
2336-(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2245
2337-for which the license is sought or held, including, but not limited to:2246
2338-(A) The completion of the criminal sentence;2247
2339-(B) A program and treatment certificate issued by the Board of Corrections;2248
2340-(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2249
2341-program;2250
2342-(D) Testimonials and recommendations, which may include a progress report from the2251
2343-individual's probation or parole officer;2252
2344-(E) Education and training;2253
2345-(F) Employment history;2254
2346-(G) Employment aspirations;2255
2347-(H) The individual's current family or community responsibilities, or both;2256
2348-(I) Whether a bond is required to practice the occupation;2257
2349-(J) Any affidavits or other written documents, including, but not limited to, character2258
2350-references; and2259
2351-(K) Any other information regarding rehabilitation the individual submits to the2260
2352-Commissioner.2261
2353-33-23-43.12.2262
2354-(a) Notwithstanding any other provision of law, an individual with a criminal record, who2263
2355-has been domiciled in the State of Georgia for five years or more, may petition the2264
2356-Commissioner at any time, including while incarcerated and before starting or completing2265
2357-any required professional qualifications for licensure, for a predetermination as to whether2266
2358-- 88 - LC 36 5900S
2359-the individual's criminal record will disqualify him or her from obtaining a public adjuster's2267
2360-license.2268
2361-(b) The petition for predetermination shall include the individual's criminal record or2269
2362-authorize the Commissioner to obtain the individual's criminal record. The petition shall2270
2363-also include information submitted by the petitioner concerning the circumstances of their2271
2364-record and their rehabilitation.2272
2365-(c) In considering predetermination petitions, the Commissioner shall apply the direct2273
2366-relationship standard in Code Section 33-23-43.11.2274
2367-(d) A predetermination made under this subsection that a petitioner is eligible for a license2275
2368-shall be binding on the Commissioner only if the petitioner applies for licensure, fulfills2276
2369-all other requirements for the licensure, and the petitioner's submitted criminal record was2277
2370-correct and remains unchanged at the time of his or her application for a license.2278
2371-(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2279
2372-licensure, the Commissioner shall provide notice and opportunity for a hearing in2280
2373-accordance with Chapter 2 of this title.2281
2374-(f) If, after notice and the opportunity for a hearing, the Commissioner decides that a2282
2375-predetermination petitioner is ineligible for a license, the Commissioner shall notify the2283
2376-petitioner of the following:2284
2377-(1) The grounds and rationale for the predetermination, including the specific2285
2378-convictions and the factors in Code Section 33-23-43.11 the Commissioner deemed2286
2379-directly relevant;2287
2380-(2) An explanation of the process and right to appeal the Commissioner's2288
2381-predetermination decision; and2289
2382-(3) Any actions the petitioner may take to remedy the disqualification. An individual2290
2383-who receives a predetermination of ineligibility may submit a revised petition reflecting2291
2384-completion of the remedial actions. The individual may submit a new petition to the2292
2385-- 89 - LC 36 5900S
2386-Commissioner not before one year following a final judgment on their initial petition or2293
2387-upon completing the remedial actions, whichever is earlier."2294
2388-PART VII2295
2389-SECTION 7-1.2296
2390-Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter2297
2391-standards and training is amended by adding a new subsection to Code Section 25-4-8,2298
2392-relating to qualifications of firefighters generally, to read as follows:2299
2393-"(d) A person who pleaded guilty to a felony offense under the 'Georgia First Offender Act'2300
2394-and successfully completed the terms of his or her sentence pursuant to Article 3 of Chapter2301
2395-8 of Title 42 may, at the council's discretion, be certified and employed as a firefighter if2302
2396-such person otherwise meets the qualifications set forth in this Code section. Such person2303
2397-shall provide information on the circumstances underlying the plea of guilty, as requested2304
2398-by the council, to enable the council to make an informed decision on such individual's2305
2399-qualification status."2306
2400-PART VIII2307
2401-SECTION 8-1.2308
2402-Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to2309
2403-Georgia Crime Information Center, is amended in Code Section 35-3-37, relating to review2310
2404-of individual's criminal history record information, definitions, privacy considerations,2311
2405-written application requesting review, and inspection, by revising divisions (j)(4)(B)(xvi),2312
2406-(j)(4)(B)(xvii), and (j)(4)(B)(xviii), subparagraph (j)(4)(C), paragraph (7) of subsection (j),2313
2407-and subsections (m) and (v) as follows:2314
2408-- 90 - LC 36 5900S
2409-"(xvi) Any offense related to minors generally in violation of Part 2 of Article 3 of2315
2410-Chapter 12 of Title 16; or2316
2411-(xvii) Theft in violation of Chapter 8 of Title 16; provided, however, that such2317
2412-prohibition shall not apply to a misdemeanor conviction of shoplifting or refund fraud2318
2413-in violation of Code Section 16-8-14 or 16-8-14.1, as applicable; or2319
2414-(xviii) Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40.2320
2415-(C) An individual shall be limited to filing a petition under this paragraph to a lifetime2321
2416-maximum of requesting record restriction on two convictions for a misdemeanor or a2322
2417-series of misdemeanors arising from a single incident. For the purposes of this2323
2418-subparagraph, the conviction of two or more offenses charged in separate counts of one2324
2419-or more accusations consolidated for trial shall be deemed to be one conviction. If a2325
2420-petition under this subsection has been denied, an individual may file a subsequent2326
2421-petition on the same conviction for a misdemeanor or series of misdemeanors arising2327
2422-from a single incident after the expiration of two years from the date of the final order2328
2423-from the previous petition."2329
2424-"(7) When an individual was convicted in this state of an offense for which that2330
2425-individual has been granted a pardon from the State Board of Pardons and Paroles as2331
2426-provided in the Constitution and Code Section 42-9-42, provided that the offense was not2332
2427-a serious violent felony as such term is defined in Code Section 17-10-6.1 or a sexual2333
2428-offense as such term is defined in Code Section 17-10-6.2, and provided, further, that2334
2429-such individual has not been convicted of any crime in any jurisdiction, excluding any2335
2430-conviction for a nonserious traffic offense, since the pardon was granted, and provided,2336
2431-further, that he or she has no pending charged offenses, he or she may petition the court2337
2432-in which the conviction occurred to restrict access to criminal history record information. 2338
2433-Such court shall maintain jurisdiction over the case for this limited purpose and duration. 2339
2434-Such petition shall be served on the prosecuting attorney. If a hearing is requested, such2340
2435-hearing shall be held within 90 days of the filing of the petition. If the court finds that the2341
2436-- 91 - LC 36 5900S
2437-criteria for such petition are met, the court shall grant an order restricting such criminal2342
2438-history record information. The court shall hear evidence and shall grant an order2343
2439-restricting such criminal history record information if it determines that the harm2344
2440-otherwise resulting to the individual clearly outweighs the public's interest in the criminal2345
2441-history record information being publicly available."2346
2442-"(m)(1) For criminal history record information maintained by the clerk of court, an2347
2443-individual who has a record restricted pursuant to Code Section 17-10-21 or this Code2348
2444-section or an individual who has been cited for a criminal offense but was not arrested2349
2445-and the charged offense was subsequently dismissed, nolle prossed, or reduced to a2350
2446-violation of a local ordinance may petition the court with original jurisdiction over the2351
2447-offenses in the county where the clerk of court is located for an order to seal all criminal2352
2448-history record information maintained by the clerk of court for such individual's charged2353
2449-offense. Notice of such petition shall be sent to the clerk of court and the prosecuting2354
2450-attorney. A notice sent by registered or certified mail or statutory overnight delivery shall2355
2451-be sufficient notice.2356
2452-(2) The court shall order all criminal history record information in the custody of the2357
2453-clerk of court, including within any index, to be restricted and unavailable to the public2358
2454-if the court finds by a preponderance of the evidence that:2359
2455-(A) The criminal history record information has been restricted pursuant to this Code2360
2456-section; and2361
2457-(B) The harm otherwise resulting to the privacy of the individual clearly outweighs the2362
2458-public interest in the criminal history record information being publicly available.2363
2459-(3) Notwithstanding paragraph (2) of this subsection, the court shall order all criminal2364
2460-history record information in the custody of the clerk of court, including within any2365
2461-index, to be restricted and unavailable to the public if the criminal history record has been2366
2462-restricted pursuant to paragraph (7) of subsection (j) of this Code section.2367
2463-- 92 - LC 36 5900S
2464-(4) Within 60 days of the court's order, the clerk of court shall cause every document,2368
2465-physical or electronic, in its custody, possession, or control to be restricted."2369
2466-"(v)(1) Information restricted and sealed pursuant to this Code section shall always be2370
2467-available for inspection, copying, and use:2371
2468-(A) For the purpose of imposing a sentence under Article 3 of Chapter 8 of Title 42;2372
2469-(B) By the Judicial Qualifications Commission;2373
2470-(C) By an attorney representing an accused individual who submits a sworn affidavit2374
2471-to the clerk of court attesting that such information is relevant to a criminal proceeding;2375
2472-(D) By a prosecuting attorney or a public defender;2376
2473-(E) Pursuant to a court order; and2377
2474-(F) By an individual who is the subject of restricted criminal history record information2378
2475-or sealed court files; and2379
2476-(G) By criminal justice agencies for law enforcement or criminal investigative2380
2477-purposes.2381
2478-(2) The confidentiality of such information shall be maintained insofar as practicable."2382
2479-PART IX2383
2480-SECTION 9-1.2384
2481-Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first2385
2482-offenders, is amended in Code Section 42-8-66, relating to petition for exoneration and2386
2483-discharge, hearing, retroactive grant of first offender status, and no filing fee, by revising2387
2484-paragraph (1) of subsection (a) and subsection (d) as follows:2388
2485-"(a)(1) An individual who qualified for sentencing pursuant to this article but who was2389
2486-not informed of his or her eligibility for first offender treatment may, with the consent of2390
2487-the prosecuting attorney, petition the court in which he or she was convicted for2391
2488-exoneration of guilt and discharge pursuant to this article."2392
2489-- 93 - LC 36 5900S
2490-"(d) The court may issue an order retroactively granting first offender treatment and2393
2491-discharge the defendant pursuant to this article if the court finds by a preponderance of the2394
2492-evidence that the defendant was eligible for sentencing under the terms of this article at the2395
2493-time he or she was originally sentenced or that he or she qualifies for sentencing under2396
2494-paragraph (2) of subsection (a) of this Code section and the ends of justice and the welfare2397
2495-of society are served by granting such petition; provided, however, that no relief pursuant2398
2496-to this subsection may be given on a conviction that was used as the underlying conviction2399
2497-for a conviction for violating Code Section 16-11-131 or if the conviction was used to2400
2498-enhance a sentence pursuant to Code Section 17-10-7."2401
2499-PART X2402
2500-SECTION 10-1.2403
2501-Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational2404
2502-therapists, is amended by revising paragraph (12) of Code Section 43-28-3, relating to2405
2503-definitions, and by adding a new paragraph to read as follows:2406
2504-"(1.1) 'Dry needling' means a skilled technique that uses a thin filiform needle to2407
2505-penetrate the skin and stimulate underlying neural, muscular, and connective tissues for2408
2506-the management of neuromusculoskeletal conditions, pain, and movement impairments. 2409
2507-Such term shall not include the teaching or application of acupuncture.2410
2508-"(12) 'Physical agent modalities' means occupational therapy treatment techniques, both2411
2509-superficial and deep tissue, which may, but are not required to utilize the following2412
2510-agents: thermal, mechanical, electromagnetic, water, and light, and dry needling for a2413
2511-specific therapeutic effect to promote functional outcomes."2414
2512-- 94 - LC 36 5900S
2513-SECTION 10-2.2415
2514-Said chapter is further amended by revising Code Section 43-28-8, relating to license2416
2515-requirements for therapy techniques involving physical agent modalities, as follows:2417
2516-"43-28-8.2418
2517-(a) No person shall utilize occupational therapy techniques involving physical agent2419
2518-modalities unless such person:2420
2519-(1) Is licensed according to this article; and2421
2520-(2) Has successfully completed a minimum of 90 hours of instruction or training2422
2521-approved by the board which covers the following subjects:2423
2522-(A) Principles of physics related to specific properties of light, water, temperature,2424
2523-sound, or electricity, as indicated by selected modality;2425
2524-(B) Physiological, neurophysiological, and electrophysiological, as indicated, changes2426
2525-which occur as a result of the application of the selected modality;2427
2526-(C) The response of normal and abnormal tissue to the application of the modality;2428
2527-(D) Indications and contraindications related to the selection and application of the2429
2528-modality;2430
2529-(E) Guidelines for treatment or administration of the modality within the philosophical2431
2530-framework of occupational therapy;2432
2531-(F) Appropriate selection and practical application of physical agent modalities,2433
2532-including determining treatment parameters based on existing pathology, impairments,2434
2533-functional limitations, and expected outcomes;2435
2534-(G) Guidelines for educating the patient, including instructing the patient as to the2436
2535-process and possible outcomes of treatment, including risks and benefits;2437
2536-(H) Safety rules and precautions related to the selected modality;2438
2537-(I) Methods for documenting the effectiveness of immediate and long-term effects of2439
2538-treatment; and2440
2539-- 95 - LC 36 5900S
2540-(J) Characteristics of the equipment, including safe operation, adjustment, and care of2441
2541-the equipment.2442
2542-(b)(1) No occupational therapist shall perform dry needling unless he or she:2443
2543-(A) Is certified to use physical agent modalities;2444
2544-(B) Has a minimum of three years of clinical experience as a licensed occupational2445
2545-therapist; provided, however, that the board may, in its discretion, accept a lesser2446
2546-amount of clinical experience if the board receives documentation of completion of2447
2547-courses specifically in dry needling taken while in attendance at an occupational2448
2548-therapy program recognized by the board; and2449
2549-(C) Has documented successful completion of coursework in dry needling acceptable2450
2550-to the board that includes study of musculoskeletal and neuromuscular systems; the2451
2551-anatomical basis of pain mechanisms, chronic pain, and referred pain; myofascial2452
2552-trigger point theory; and universal precautions. Such coursework shall also include2453
2553-postgraduate instruction in:2454
2554-(i) Anatomical review for safety and effectiveness;2455
2555-(ii) Indications and contraindications for dry needling;2456
2556-(iii) Management of adverse effects; and2457
2557-(iv) Evidence based instruction in the theory of dry needling.2458
2558-(2) Except for remote study or self-study required as a part of postgraduate coursework2459
2559-in dry needling, online instruction shall not be considered appropriate training.2460
2560-(3)(A) In order to perform dry needling on a patient's upper extremities, an2461
2561-occupational therapist shall have successfully completed a minimum of 28 hours of2462
2562-postgraduate instruction, of which a minimum of 22 hours shall have been in-person2463
2563-postgraduate instruction in dry needling on upper extremities in a course acceptable to2464
2564-the board.2465
2565-(B) In order to perform dry needling on a patient's lower extremities, an occupational2466
2566-therapist shall meet the requirements of subparagraph (A) of this paragraph and shall2467
2567-- 96 - LC 36 5900S
2568-have successfully completed a minimum of an additional 40 hours of in-person2468
2569-postgraduate instruction in dry needling on lower extremities in a course acceptable to2469
2570-the board.2470
2571-(4) An occupational therapist shall not perform dry needling unless the patient has signed2471
2572-an informed consent, which shall be maintained in the patient's medical record. The2472
2573-written informed consent shall clearly state the risks and benefits of dry needling, the2473
2574-occupational therapist's level of education and training in dry needling, and any other2474
2575-information required by the board.2475
2576-(b)(c) The board shall promulgate rules and regulations specifically pertaining to the use2476
2577-of physical agent modalities by a person licensed under this article."2477
2578-PART XI2478
2579-SECTION 11-1.2479
2580-(a) Except as provided in subsection (b) of this section, this Act shall become effective on2480
2581-July 1, 2024.2481
2582-(b) Parts 1 through 7 of this Act shall become effective on January 1, 2025, and shall apply2482
2583-to all applications for licensure submitted on or after such date.2483
2584-SECTION 11-2.2484
2585-All laws and parts of laws in conflict with this Act are repealed.2485
2586-- 97 -
33+retroactively granting first offender treatment; to provide for related matters; to provide for27
34+effective dates and applicability; to repeal conflicting laws; and for other purposes.28
35+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:29
36+PART I30
37+SECTION 1-1.31
38+Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,32
39+is amended by revising Code Section 43-1-1, relating to definitions, as follows:33
40+"43-1-1.34
41+As used in this title, the term:35
42+(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of36
43+whether an appeal of such finding, verdict, or plea has been sought.37
44+(2) 'Covered misdemeanor' shall mean any:38
45+(A) Misdemeanor conviction in the five years prior to the submission of the licensing39
46+application; and40
47+(B) Misdemeanor conviction listed in subparagraph (j)(4)(B) of Code Section 35-3-37,41
48+irrespective of the date of such conviction.42
49+S. B. 157 (SUB)
50+- 2 - 24 LC 36 5860S
51+(1)(3) 'Division' means the professional licensing boards division created under Code43
52+Section 43-1-2.44
53+(2)(4) 'Division director' means the individual appointed by the Secretary of State as45
54+director of the professional licensing boards division within the office of the Secretary46
55+of State.47
56+(5) 'Felony' means any offense which, if committed in this state, would be deemed a48
57+felony, without regard to its designation elsewhere.49
58+(3)(6) 'Professional licensing board' means any board, bureau, commission, or other50
59+agency of the executive branch of state government which is created for the purpose of51
60+licensing or otherwise regulating or controlling any profession, business, or trade and52
61+which is placed by law under the jurisdiction of the division director of the professional53
62+licensing boards division within the office of the Secretary of State."54
63+SECTION 1-2.55
64+Said title is further amended by revising subsection (a) of Code Section 43-1-19, relating to56
65+a professional licensing board's authority to refuse, grant, revoke, and reinstate licenses,57
66+surrender of licenses, and probationary licenses, and adding a new subsection to read as58
67+follows:59
68+"(a) A professional licensing board shall have the authority to refuse to grant a license to60
69+an applicant therefor or to revoke the license of a person licensed by that board or to61
70+discipline a person licensed by that board, upon a finding by a majority of the entire board62
71+that the licensee or applicant has:63
72+(1) Failed to demonstrate the qualifications or standards for a license contained in this64
73+Code section, or under the laws, rules, or regulations under which licensure is sought or65
74+held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the66
75+board that he or she meets all the requirements for the issuance of a license, and, if the67
76+board is not satisfied as to the applicant's qualifications, it may deny a license without a68
77+S. B. 157 (SUB)
78+- 3 - 24 LC 36 5860S
79+prior hearing; provided, however, that the applicant shall be allowed to appear before the69
80+board if he or she so desires;70
81+(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the71
82+practice of a business or profession licensed under this title or on any document72
83+connected therewith; practiced fraud or deceit or intentionally made any false statement73
84+in obtaining a license to practice the licensed business or profession; or made a false74
85+statement or deceptive registration with the board;75
86+(3) Been convicted of any a directly related felony or a directly related covered76
87+misdemeanor or of any crime involving moral turpitude in the courts of this state or any77
88+other state, territory, or country or in the courts of the United States; as used in this78
89+paragraph, paragraph (4) of this subsection, and subsection (q) of this Code section, the79
90+term 'felony' shall include any offense which, if committed in this state, would be deemed80
91+a felony, without regard to its designation elsewhere; and, as used in this paragraph and81
92+subsection (q) of this Code section, the term 'conviction' shall include a finding or verdict82
93+of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been83
94+sought;84
95+(4)(A) Been arrested, charged, and sentenced is currently serving a sentence for the85
96+commission of any felony, or any crime involving moral turpitude, when:86
97+(i) A sentence for such offense was imposed pursuant to Article 3 of Chapter 8 of87
98+Title 42 or another state's first offender laws; or88
99+(ii) A sentence for such offense was imposed pursuant to subsection (a) or (c) of89
100+Code Section 16-13-2;90
101+(iii) A sentence for such offense was imposed as a result of a plea of nolo contendere;91
102+or92
103+(iv) An adjudication of guilt or sentence was otherwise withheld or not entered on the93
104+charge.94
105+S. B. 157 (SUB)
106+- 4 - 24 LC 36 5860S
107+(B) An order entered pursuant to subsection (a) or (c) of Code Section 16-13-2, Article95
108+3 of Chapter 8 of Title 42, or another state's first offender treatment order shall be96
109+conclusive evidence of an arrest and sentencing for such offense;97
110+(5) Had his or her license to practice a business or profession licensed under this title98
111+revoked, suspended, or annulled by any lawful licensing authority other than the board;99
112+had other disciplinary action taken against him or her by any such lawful licensing100
113+authority other than the board; was denied a license by any such lawful licensing101
114+authority other than the board, pursuant to disciplinary proceedings; or was refused the102
115+renewal of a license by any such lawful licensing authority other than the board, pursuant103
116+to disciplinary proceedings;104
117+(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct105
118+or practice harmful to the public that materially affects the fitness of the licensee or106
119+applicant to practice a business or profession licensed under this title or is of a nature107
120+likely to jeopardize the interest of the public; such conduct or practice need not have108
121+resulted in actual injury to any person or but must be directly related to the practice of the109
122+licensed business or profession but shows and show that the licensee or applicant has110
123+committed any act or omission which is indicative of bad moral character or111
124+untrustworthiness and which makes the licensee or applicant likely to harm the public. 112
125+Such conduct or practice shall also include any departure from, or the failure to conform113
126+to, the minimal reasonable standards of acceptable and prevailing practice of the business114
127+or profession licensed under this title;115
128+(7) Knowingly performed any act which in any way aids, assists, procures, advises, or116
129+encourages any unlicensed person or any licensee whose license has been suspended or117
130+revoked by a professional licensing board to practice a business or profession licensed118
131+under this title or to practice outside the scope of any disciplinary limitation placed upon119
132+the licensee by the board;120
133+S. B. 157 (SUB)
134+- 5 - 24 LC 36 5860S
135+(8) Violated a statute, law, or any rule or regulation of this state, any other state, the121
136+professional licensing board regulating the business or profession licensed under this title,122
137+the United States, or any other lawful authority without regard to whether the violation123
138+is criminally punishable when such statute, law, or rule or regulation relates to or in part124
139+regulates the practice of a business or profession licensed under this title and when the125
140+licensee or applicant knows or should know that such action violates such statute, law,126
141+or rule; or violated a lawful order of the board previously entered by the board in a127
142+disciplinary hearing, consent decree, or license reinstatement;128
143+(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or129
144+outside this state; any such adjudication shall automatically suspend the license of any130
145+such person and shall prevent the reissuance or renewal of any license so suspended for131
146+so long as the adjudication of incompetence is in effect;132
147+(10) Displayed an inability to practice a business or profession licensed under this title133
148+with reasonable skill and safety to the public or has become unable to practice the134
149+licensed business or profession with reasonable skill and safety to the public by reason135
150+of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material;136
151+or137
152+(11) Failed to comply with an order for child support as defined by Code Section138
153+19-11-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of139
154+release to the board from the child support agency within the Department of Human140
155+Services indicating that the applicant or licensee has come into compliance with an order141
156+for child support so that a license may be issued or granted if all other conditions for142
157+licensure are met.143
158+(a.1) A professional licensing board shall have the burden of justifying that it is144
159+substantially more likely than not that a criminal record supports an adverse licensing145
160+decision. Before the professional licensing board may deny an applicant a license under146
161+subsection (a) of this Code section due to his or her criminal record, such applicant shall147
162+S. B. 157 (SUB)
163+- 6 - 24 LC 36 5860S
164+be entitled to a hearing before the professional licensing board in accordance with148
165+Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"149
166+SECTION 1-3.150
167+Said title is further amended in Code Section 43-1-19, relating to a professional licensing151
168+board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and152
169+probationary licenses, by revising subsection (j) as follows:153
170+"(j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity154
171+nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a155
172+previously denied license shall be considered to be a contested case within the meaning of156
173+Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing157
174+within the meaning of such chapter shall not be required, but the applicant or licensee shall158
175+be allowed to appear before the board if he or she so requests. A board may resolve a159
176+pending action by the issuance of a letter of concern. Such letter shall not be considered160
177+a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be161
178+disclosed to any person except the licensee or applicant."162
179+SECTION 1-4.163
180+Said title is further amended in Code Section 43-1-19, relating to a professional licensing164
181+board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and165
182+probationary licenses, by revising subsection (q) as follows:166
183+"(q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or167
184+any other provision of law, and unless the professional licensing board shall refuse to168
185+grant a license to an individual or shall revoke a license only if a felony or crime169
186+involving moral turpitude covered misdemeanor directly relates to the occupation for170
187+which the license is sought or held and granting the license would pose a direct and171
188+substantial risk to public safety because the individual has not been rehabilitated to safely172
189+S. B. 157 (SUB)
190+- 7 - 24 LC 36 5860S
191+perform the duties and responsibilities of such occupation, after considering the criteria173
192+in paragraph (2) of this subsection. Without finding a direct and substantial risk to public174
193+safety and a direct relationship between the conviction and the licensed occupation, no175
194+professional licensing board shall refuse to grant a license to an applicant therefor or shall176
195+revoke the license of an individual licensed by that board due solely or in part to such177
196+applicant's or licensee's:178
197+(A) Conviction of any felony or any crime involving moral turpitude covered179
198+misdemeanor, whether it occurred in the courts of this state or any other state, territory,180
199+or country or in the courts of the United States;181
200+(B) Arrest, charge, and sentence for the commission of such offense;182
201+(C) Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another183
202+state's first offender laws;184
203+(D) Sentence for such offense pursuant to subsection (a) or (c) of Code Section185
204+16-13-2;186
205+(E) Sentence for such offense as a result of a plea of nolo contendere;187
206+(F) Adjudication of guilt or sentence was otherwise withheld or not entered; or188
207+(G) Being under supervision by a community supervision officer, as such term is189
208+defined in Code Section 42-3-1, for a conviction of any felony or any crime involving190
209+moral turpitude covered misdemeanor, whether it occurred in the courts of this state or191
210+any other state, territory, or country or in the courts of the United States, so long as such192
211+individual was not convicted of a felony violation of Chapter 5 of Title 16 nor193
212+convicted of a crime requiring registration on the state sexual offender registry.194
213+(2) In determining if a felony or crime involving moral turpitude covered misdemeanor195
214+directly relates to the occupation for which the license is sought or held, the professional196
215+licensing board shall consider:197
216+(A) The nature and seriousness of such felony or crime involving moral turpitude198
217+covered misdemeanor and the direct relationship of such felony or crime involving199
218+S. B. 157 (SUB)
219+- 8 - 24 LC 36 5860S
220+moral turpitude the criminal conduct to the duties and responsibilities of the occupation200
221+for which the license is sought or held;201
222+(B) The age of the individual at the time such felony or crime involving moral202
223+turpitude covered misdemeanor was committed;203
224+(C) The length of time elapsed since such felony or crime involving moral turpitude204
225+covered misdemeanor was committed;205
226+(D) All circumstances relative to such felony or crime involving moral turpitude206
227+covered misdemeanor, including, but not limited to, mitigating circumstances or social207
228+conditions surrounding the commission of such felony or crime involving moral208
229+turpitude covered misdemeanor; and209
230+(E) Evidence of rehabilitation and present fitness to perform the duties of the210
231+occupation for which the license is sought or held., including, but not limited to:211
232+(i) The completion of the criminal sentence;212
233+(ii) A program and treatment certificate issued by the Board of Corrections;213
234+(iii) Completion of, or active participation in, a rehabilitative drug or alcohol214
235+treatment program;215
236+(iv) Testimonials and recommendations, which may include a progress report from216
237+the individual's probation or parole officer;217
238+(v) Education and training;218
239+(vi) Employment history;219
240+(vii) Employment aspirations;220
241+(viii) The individual's current family or community responsibilities, or both;221
242+(ix) Whether a bond is required to practice the occupation;222
243+(x) Any affidavits or other written documents, including, but not limited to, character223
244+references; and224
245+(xi) Any other information regarding rehabilitation the individual submits to the225
246+board.226
247+S. B. 157 (SUB)
248+- 9 - 24 LC 36 5860S
249+(3) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew,227
250+or otherwise withhold a license, the professional licensing board shall not consider nor228
251+require an individual to disclose:229
252+(A) A deferred adjudication, discharged first offender treatment, completed diversion230
253+program, completed conditional discharge, or an arrest not followed by a conviction;231
254+(B) A conviction for which no sentence of incarceration can be imposed;232
255+(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or233
256+pardoned, provided that the board may consider a plea for which an individual is234
257+currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another235
258+state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;236
259+(D) A juvenile adjudication;237
260+(E) A misdemeanor conviction older than five years, unless the offense of conviction238
261+is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or239
262+(F) A conviction older than five years for which the individual was not incarcerated,240
263+or a conviction for which the individual's incarceration ended more than five years241
264+before the date of the board's consideration, except for a felony conviction related to:242
265+(i) A criminal sexual act;243
266+(ii) Criminal fraud or embezzlement;244
267+(iii) Aggravated assault;245
268+(iv) Aggravated robbery;246
269+(v) Aggravated abuse, neglect, or endangerment of a child;247
270+(vi) Arson;248
271+(vii) Carjacking;249
272+(viii) Kidnapping; or250
273+(ix) Manslaughter, homicide, or murder.251
274+S. B. 157 (SUB)
275+- 10 - 24 LC 36 5860S
276+(4) Notwithstanding any other provision of law, no professional licensing board may252
277+apply a vague character standard to licensure decisions or predeterminations, including,253
278+but not limited to, 'good moral character,' 'moral turpitude,' or 'character and fitness.'254
279+(5) Notwithstanding any other provision of law, a professional licensing board shall255
280+provide individualized consideration of an individual's criminal record and shall not256
281+automatically deny licensure on the basis of the individual's criminal record.257
282+(6)(A) If an applicant's criminal record includes issues that will or may prevent the258
283+board from issuing a license to the applicant, the board shall notify the applicant, in259
284+writing, of the specific issues in sufficient time for the applicant to provide additional260
285+documentation supporting the application before the board's final decision to deny the261
286+application. After receiving notice of any potential issue with licensure due to his or262
287+her criminal convictions, an applicant shall have 30 days to respond by correcting any263
288+inaccuracy in the criminal record or by submitting additional evidence of mitigation or264
289+rehabilitation for the board's consideration, or both.265
290+(B) For the professional licensing board to deny a license on the basis of the applicant's266
291+criminal convictions, the board shall first provide an opportunity for a hearing for such267
292+applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative268
293+Procedure Act.' The applicant shall have the opportunity at such hearing to present the269
294+written or oral testimony of character witnesses, including, but not limited to, family270
295+members, friends, prospective employers, probation or parole officers, and271
296+rehabilitation counselors. The professional licensing board shall issue a decision within272
297+60 days of the complete submission of the issues for consideration or the hearing,273
298+whichever is later.274
299+(C) The professional licensing board shall have the burden of justifying that it is275
300+substantially more likely than not, after a hearing, that an applicant's criminal record276
301+supports any adverse licensing decision. If the board denies an applicant a license by277
302+reason of the applicant's criminal record, the board shall:278
303+S. B. 157 (SUB)
304+- 11 - 24 LC 36 5860S
305+(i) Make written findings specifying any of the applicant's convictions and the factors279
306+provided for in subparagraph (A) of paragraph (2) of this subsection the board280
307+deemed directly relevant and explaining the basis and rationale for the denial. Such281
308+written findings shall be signed by the board's presiding officer and shall note the282
309+applicant's right to appeal and explain the applicant's ability to reapply. No applicant283
310+shall be restricted from reapplying for licensure for more than two years from the date284
311+of the most recent application;285
312+(ii) Provide or serve a signed copy of the written findings to the applicant within 60286
313+days of the denial; and287
314+(iii) Retain a signed copy of the written findings for no less than five years.288
315+(D) The denial of a license in part or in whole because of the applicant's criminal289
316+record shall constitute a contested case as defined in Code Section 50-13-2. In an290
317+administrative hearing or civil action reviewing the denial of a license, the professional291
318+licensing board shall have the burden of proving that the applicant's criminal record292
319+directly relates to the occupation for which the license is sought.293
320+(7)(A) Notwithstanding any other provision of law, an individual with a criminal294
321+record may petition a professional licensing board at any time, including while295
322+incarcerated and before starting or completing any required professional qualifications296
323+for licensure, for a predetermination as to whether such individual's criminal record will297
324+disqualify him or her from obtaining a license.298
325+(B) The petition for predetermination shall include the individual's criminal record or299
326+authorize the board to obtain the individual's criminal record. The petitioning300
327+individual need not disclose any offenses provided for in paragraph (3) of this301
328+subsection. Such petition shall also include any information the petitioner chooses to302
329+submit concerning the circumstances of their record and their rehabilitation.303
330+(C) In considering predetermination petitions, the professional licensing board shall304
331+apply the direct relationship standard in paragraphs (1) and (2) of this subsection and305
332+S. B. 157 (SUB)
333+- 12 - 24 LC 36 5860S
334+shall not consider any offenses falling under paragraph (3) of this subsection. The306
335+board shall support any adverse predetermination by justifying that it is substantially307
336+more likely than not that a criminal record supports an adverse licensing decision.308
337+(D) A predetermination made under this subsection that a petitioner is eligible for a309
338+license shall be binding on the professional licensing board only if the petitioner applies310
339+for licensure, fulfills all other requirements for the occupational license, and the311
340+petitioner's submitted criminal record was correct and remains unchanged at the time312
341+of his or her application for a license.313
342+(E) If a petitioner's criminal record includes matters that may disqualify the petitioner314
343+from licensure, the board shall notify the petitioner of the potentially disqualifying315
344+convictions. The letter of concern shall advise the petitioner of their opportunity to316
345+submit additional evidence of rehabilitation and mitigation or for a hearing, or both.317
346+(F) The professional licensing board may predetermine that the petitioner's criminal318
347+record is likely grounds for denial of a license only after the board has held a hearing319
348+on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia320
349+Administrative Procedure Act.' The hearing shall be held in person, by remote video,321
350+or by teleconference within 60 days of receipt of the predetermination petition. The322
351+individual shall have the opportunity to offer written or oral testimony of character323
352+witnesses at the hearing, including but not limited to family members, friends, past or324
353+prospective employers, probation or parole officers, and rehabilitation counselors. The325
354+professional licensing board shall not make an adverse inference by a petitioner's326
355+decision to forgo a hearing or character witnesses. The board shall issue a final327
356+decision within 60 days of complete submission of the issue for consideration or the328
357+hearing, whichever is later.329
358+(G) If the professional licensing board decides that a predetermination petitioner is330
359+ineligible for a license, the board shall notify the petitioner of the following:331
360+S. B. 157 (SUB)
361+- 13 - 24 LC 36 5860S
362+(i) The grounds and rationale for the predetermination, including any of the332
363+petitioner's specific convictions and the factors provided for in subparagraph (A) of333
364+paragraph (2) of this subsection the board deemed directly relevant;334
365+(ii) An explanation of the process and right to appeal the board's predetermination335
366+decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';336
367+and337
368+(iii) Any actions the petitioner may take to remedy the disqualification. An338
369+individual who receives a predetermination of ineligibility may submit a revised339
370+petition reflecting completion of the remedial actions. The individual may submit a340
371+new petition to the board not before one year following a final judgment on their341
372+initial petition or upon completing the remedial actions, whichever is earlier.342
373+(H) The denial of a predetermination petition because of the applicant's criminal record343
374+shall constitute a contested case as defined in Code Section 50-13-2. In an344
375+administrative hearing or civil action reviewing the denial of a predetermination345
376+petition, the professional licensing board shall have the burden of proving that the346
377+applicant's criminal record directly relates to the licensed occupation.347
378+(8) Each professional licensing board shall include in its application for licensure and on348
379+its public website all of the following information:349
380+(A) Whether the board requires applicants to consent to a criminal record check;350
381+(B) The direct relationship standard in paragraph (1) of this subsection and those351
382+factors in paragraph (2) of this subsection that the board shall consider when making352
383+a determination of licensure;353
384+(C) The criminal record disclosure provided for in paragraph (3) of this subsection;354
385+(D) The appeals process pursuant to Chapter 13 of Title 50, the 'Georgia355
386+Administrative Procedure Act,' if the board denies or revokes licensure in whole or in356
387+part because of a criminal conviction; and357
388+S. B. 157 (SUB)
389+- 14 - 24 LC 36 5860S
390+(E) The predetermination petition process, standards, and application, as well as the358
391+process for appealing an adverse predetermination pursuant to Chapter 13 of Title 50,359
392+the 'Georgia Administrative Procedure Act.'360
393+(9) No later than March 31 each year, each occupational licensing board shall file with361
394+the Secretary of State an annual report containing information from the previous year as362
395+to:363
396+(A) The number of applicants for a license and, of that number, the number of licenses364
397+granted;365
398+(B) The number of applicants with a criminal record and, of that number, the number366
399+of licenses granted, denied a license for any reason, and denied due to a conviction or367
400+state supervision status;368
401+(C) The number of predetermination petitioners and, of that number, the number369
402+deemed eligible for a license and the number deemed ineligible for a license;370
403+(D) The racial and ethnic distribution of licensing applicants, including the racial and371
404+ethnic distribution of applicants with a criminal record; and372
405+(E) The racial and ethnic distribution of licensing applicants with a criminal record373
406+granted a license, denied a license for any reason, and denied a license due to a374
407+conviction or state supervision status."375
408+SECTION 1-5.376
409+Said title is further amended by revising Code Section 43-1-27, relating to requirement that377
410+licensee notify licensing authority of felony conviction, as follows:378
411+"43-1-27.379
412+Any licensed individual who is convicted under the laws of this state, the United States, or380
413+any other state, territory, or country of a felony as defined in paragraph (3) of subsection381
414+(a) of Code Section 43-1-19 43-1-1 shall be required to notify the appropriate licensing382
415+authority of the conviction within ten days of the conviction. The failure of a licensed383
416+S. B. 157 (SUB)
417+- 15 - 24 LC 36 5860S
418+individual to notify the appropriate licensing authority of a conviction shall be considered384
419+grounds for revocation of his or her license, permit, registration, certification, or other385
420+authorization to conduct a licensed profession."386
421+SECTION 1-6.387
422+Said title is further amended by revising Code Section 43-15-19, relating to revocation,388
423+suspension, or denial of certificates, certificates of registration, or licenses, and reprimands,389
424+as follows: 390
425+"43-15-19.391
426+(a) The board shall have the power, after notice and hearing, to deny any application made392
427+to it, to revoke or suspend any certificate, certificate of registration, or license issued by it,393
428+or to reprimand any individual holding a certificate, certificate of registration, or license394
429+issued by it, upon the following grounds:395
430+(1) Commission of any fraud or deceit in obtaining a certificate, certificate of396
431+registration, or license;397
432+(2) Any gross negligence, incompetency, or unprofessional conduct in the practice of398
433+professional engineering or land surveying as a professional engineer or a professional399
434+land surveyor, respectively;400
435+(3) Affixing a seal to any plan, specification, plat, or report contrary to Code Section401
436+43-15-22;402
437+(4) Conviction of a felony or crime involving moral turpitude covered misdemeanor as403
438+defined in Code Section 43-1-1 in the courts of this state, the United States, or any state404
439+or territory of the United States or the conviction of an offense in another jurisdiction405
440+which, if committed in this state, would be deemed a felony. 'Conviction' shall include406
441+a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal407
442+proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not408
443+entered thereon pursuant to Article 3 of Chapter 8 of Title 42 or any comparable rule or409
444+S. B. 157 (SUB)
445+- 16 - 24 LC 36 5860S
446+statute but shall not include a conviction that has been restricted, sealed, annulled,410
447+dismissed, vacated, or pardoned; provided, however, that the board may consider a plea411
448+for which an individual is currently serving a sentence pursuant to Article 3 of Chapter 8412
449+of Title 42, another state's first offender laws, or subsection (a) or (c) of Code Section413
450+16-13-2; or414
451+(5) Any violation of this chapter or any rule or regulation promulgated by the board415
452+pursuant to the powers conferred on it by this chapter.416
453+(b) 'Unprofessional conduct,' as referred to in paragraph (2) of subsection (a) of this Code417
454+section, includes a violation of those standards of professional conduct for professional418
455+engineers and professional land surveyors adopted by the board pursuant to the power419
456+conferred upon it to promulgate rules and regulations to effectuate the duties and powers420
457+conferred on it by this chapter."421
458+SECTION 1-7.422
459+Said title is further amended by adding two new Code sections to read as follows:423
460+"43-15-19.1.424
461+(a) Notwithstanding paragraph (4) of subsection (a) of Code Section 43-15-19, the board425
462+shall refuse to grant a license to an individual or shall revoke a license only if a conviction426
463+directly relates to the occupation for which the license is sought or held and granting the427
464+license would pose a direct and substantial risk to public safety because the individual has428
465+not been rehabilitated to safely perform the duties and responsibilities of the occupation for429
466+which the license is sought or held. In determining if a conviction directly relates to the430
467+occupation for which the license is sought or held, the board shall consider:431
468+(1) The nature and seriousness of the offense and the direct relationship of the criminal432
469+conduct to the duties and responsibilities of the occupation for which the license is sought433
470+or held;434
471+(2) The age of the individual at the time the offense was committed;435
472+S. B. 157 (SUB)
473+- 17 - 24 LC 36 5860S
474+(3) The length of time elapsed since the offense was committed;436
475+(4) All circumstances relative to the offense, including, but not limited to, mitigating437
476+circumstances or social conditions surrounding the commission of the offense; and438
477+(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation439
478+for which the license is sought or held, including, but not limited to:440
479+(A) The completion of the criminal sentence;441
480+(B) A program and treatment certificate issued by the Board of Corrections;442
481+(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment443
482+program;444
483+(D) Testimonials and recommendations, which may include a progress report from the445
484+individual's probation or parole officer;446
485+(E) Education and training;447
486+(F) Employment history;448
487+(G) Employment aspirations;449
488+(H) The individual's current family or community responsibilities, or both;450
489+(I) Whether a bond is required to practice the occupation;451
490+(J) Any affidavits or other written documents, including, but not limited to, character452
491+references; and453
492+(K) Any other information regarding rehabilitation the individual submits to the board.454
493+(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or455
494+otherwise withhold a license, the board shall not consider nor require an individual to456
495+disclose:457
496+(1) A deferred adjudication, discharged first offender treatment, completed diversion458
497+program, a completed conditional discharge, or an arrest not followed by a conviction;459
498+(2) A conviction for which no sentence of incarceration can be imposed;460
499+(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or461
500+pardoned, provided that the board may consider a plea for which an individual is462
501+S. B. 157 (SUB)
502+- 18 - 24 LC 36 5860S
503+currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's463
504+first offender laws, or subsection (a) or (c) of Code Section 16-13-2;464
505+(4) A juvenile adjudication;465
506+(5) A misdemeanor conviction older than five years, unless the offense of conviction is466
507+listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or467
508+(6) A conviction older than five years for which the individual was not incarcerated, or468
509+a conviction for which the individual's incarceration ended more than five years before469
510+the date of the board's consideration, except for a felony conviction related to:470
511+(A) A criminal sexual act;471
512+(B) Criminal fraud or embezzlement;472
513+(C) Aggravated assault;473
514+(D) Aggravated robbery;474
515+(E) Aggravated abuse, neglect, or endangerment of a child;475
516+(F) Arson;476
517+(G) Carjacking;477
518+(H) Kidnapping; or478
519+(I) Manslaughter, homicide, or murder.479
520+42-15-19.2.480
521+(a) Notwithstanding any other provision of law, an individual with a criminal record may481
522+petition the board at any time, including while incarcerated and before starting or482
523+completing any required professional qualifications for licensure, for a predetermination483
524+as to whether the individual's criminal record will disqualify him or her from obtaining a484
525+license.485
526+(b) The petition for predetermination shall include the individual's criminal record or486
527+authorize the board to obtain the individual's criminal record. The petitioning individual487
528+need not disclose any offenses falling under subsection (b) of Code Section 43-15-19.1.488
529+S. B. 157 (SUB)
530+- 19 - 24 LC 36 5860S
531+The petition shall also include any information the petitioner chooses to submit concerning489
532+the circumstances of their record and their rehabilitation.490
533+(c) In considering predetermination petitions, the board shall apply the direct relationship491
534+standard in subsection (a) of Code Section 43-15-19.1. The board shall support any492
535+adverse predetermination by justifying that it is substantially more likely than not that a493
536+criminal record supports an adverse licensing decision.494
537+(d) A predetermination made under this subsection that a petitioner is eligible for a license495
538+shall be binding on the board only if the petitioner applies for licensure, fulfills all other496
539+requirements for the licensure, and the petitioner's submitted criminal record was correct497
540+and remains unchanged at the time of his or her application for a license.498
541+(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from499
542+licensure, the board shall notify the petitioner of the potentially disqualifying convictions.500
543+The letter of concern shall advise the petitioner of their opportunity to submit additional501
544+evidence of rehabilitation and mitigation or for a hearing, or both.502
545+(f) The board may predetermine that the petitioner's criminal record is likely grounds for503
546+denial of a license only after the board has held a hearing on the petitioner's eligibility in504
547+accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The505
548+hearing shall be held in person, by remote video, or by teleconference within 60 days of506
549+receipt of the predetermination petition. The individual shall have the opportunity to507
550+include character witnesses at the hearing, including but not limited to family members,508
551+friends, past or prospective employers, probation or parole officers, and rehabilitation509
552+counselors, who may offer their verbal or written support. The board shall not make an510
553+adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The511
554+board shall issue a final decision within 60 days of complete submission of the issue for512
555+consideration or the hearing, whichever is later.513
556+(g) If the board decides that a predetermination petitioner is ineligible for a license, the514
557+board shall notify the petitioner of the following:515
558+S. B. 157 (SUB)
559+- 20 - 24 LC 36 5860S
560+(1) The grounds and rationale for the predetermination, including the specific516
561+convictions and the factors in subsection (a) of Code Section 43-15-19.1 the board517
562+deemed directly relevant;518
563+(2) An explanation of the process and right to appeal the board's predetermination519
564+decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and520
565+(3) Any actions the petitioner may take to remedy the disqualification. An individual521
566+who receives a predetermination of ineligibility may submit a revised petition reflecting522
567+completion of the remedial actions. The individual may submit a new petition to the523
568+board not before one year following a final judgment on their initial petition or upon524
569+completing the remedial actions, whichever is earlier.525
570+(h) The denial of a predetermination petition because of the applicant's criminal record526
571+shall constitute a contested case as defined in Code Section 50-13-2. In an administrative527
572+hearing or civil action reviewing the denial of a predetermination petition, the board shall528
573+have the burden of proving that the applicant's criminal record directly relates to the529
574+licensed occupation."530
575+PART II531
576+SECTION 2-1.532
577+Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,533
578+is amended in Code Section 43-3-21, relating to revocation or refusal to grant or renew534
579+accountant's licenses, by revising paragraphs (3) and (4) of subsection (a) as follows:535
580+"(3) Had been convicted of any directly related felony or crime involving moral turpitude536
581+directly related covered misdemeanor as defined in Code Section 43-1-1 in the courts of537
582+this state, any other state, a territory, or a country or in the courts of the United States. 538
583+As used in this paragraph, the term:539
584+S. B. 157 (SUB)
585+- 21 - 24 LC 36 5860S
586+(A) 'Conviction' means and includes a finding or verdict of guilty or a plea of guilty,540
587+regardless of whether an appeal of the conviction has been sought;541
588+(B) 'Felony' means and includes any offense which, if committed in this state, would542
589+be deemed a felony, without regard to its designation elsewhere.543
590+(4)(A) Had been arrested, charged, and sentenced for the commission of any felony or544
591+crime involving moral turpitude covered misdemeanor as defined in Code Section545
592+43-1-1 when:546
593+(i) First offender treatment without adjudication of guilt pursuant to the charge was547
594+granted The licensee or applicant is currently serving a sentence pursuant to Article 3548
595+of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of549
596+Code Section 16-13-2; or550
597+(ii) An adjudication of guilt or sentence was otherwise withheld or not entered on the551
598+charge, except with respect to a plea of nolo contendere.552
599+(B) An order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42553
600+or other first offender treatment shall be conclusive evidence of arrest and sentencing554
601+for such crime.555
602+(C) As used in this paragraph, the term 'felony' shall include any offense which, if556
603+committed in this state, would be deemed a felony, without regard to its designation557
604+elsewhere;"558
605+SECTION 2-2.559
606+Said title is further amended by adding two new Code sections to read as follows:560
607+"43-3-21.1.561
608+(a) Notwithstanding paragraphs (3) and (4) of subsection (a) of Code Section 43-3-21, the562
609+board of accountancy shall refuse to grant a license to an individual or shall revoke a563
610+license only if a criminal record directly relates to the occupation for which the license is564
611+sought or held and granting the license would pose a direct and substantial risk to public565
612+S. B. 157 (SUB)
613+- 22 - 24 LC 36 5860S
614+safety because the individual has not been rehabilitated to safely perform the duties and566
615+responsibilities of the practice of public accountancy. In determining if a criminal record567
616+directly relates to the occupation for which the license is sought or held, the board of568
617+accountancy shall consider:569
618+(1) The nature and seriousness of the offense and the direct relationship of the criminal570
619+conduct to the duties and responsibilities of the occupation for which the license is sought571
620+or held;572
621+(2) The age of the individual at the time the offense was committed;573
622+(3) The length of time elapsed since the offense was committed;574
623+(4) All circumstances relative to the offense, including, but not limited to, mitigating575
624+circumstances or social conditions surrounding the commission of the offense; and576
625+(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation577
626+for which the license is sought or held, including, but not limited to:578
627+(A) The completion of the criminal sentence;579
628+(B) A program and treatment certificate issued by the Board of Corrections;580
629+(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment581
630+program;582
631+(D) Testimonials and recommendations, which may include a progress report from the583
632+individual's probation or parole officer;584
633+(E) Education and training;585
634+(F) Employment history;586
635+(G) Employment aspirations;587
636+(H) The individual's current family or community responsibilities, or both;588
637+(I) Whether a bond is required to practice the occupation;589
638+(J) Any affidavits or other written documents, including, but not limited to, character590
639+references; and591
640+(K) Any other information regarding rehabilitation the individual submits to the board.592
641+S. B. 157 (SUB)
642+- 23 - 24 LC 36 5860S
643+(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or593
644+otherwise withhold a license, the accountancy board shall not consider nor require an594
645+individual to disclose:595
646+(1) A deferred adjudication, discharged first offender treatment, completed diversion596
647+program, completed conditional discharge, or an arrest not followed by a conviction;597
648+(2) A conviction for which no sentence of incarceration can be imposed;598
649+(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or599
650+pardoned, provided that the board may consider a plea for which an individual is600
651+currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's601
652+first offender laws, or subsection (a) or (c) of Code Section 16-13-2;602
653+(4) A juvenile adjudication;603
654+(5) A misdemeanor conviction older than five years, unless the offense of conviction is604
655+listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or605
656+(6) A conviction older than five years for which the individual was not incarcerated, or606
657+a conviction for which the individual's incarceration ended more than five years before607
658+the date of the board's consideration, except for a felony conviction related to:608
659+(A) A criminal sexual act;609
660+(B) Criminal fraud or embezzlement;610
661+(C) Aggravated assault;611
662+(D) Aggravated robbery;612
663+(E) Aggravated abuse, neglect, or endangerment of a child;613
664+(F) Arson;614
665+(G) Carjacking;615
666+(H) Kidnapping;616
667+(I) Manslaughter, homicide, or murder; or617
668+(J) Theft.618
669+S. B. 157 (SUB)
670+- 24 - 24 LC 36 5860S
671+43-3-21.2.619
672+(a) Notwithstanding any other provision of law, an individual with a criminal record may620
673+petition the accountancy board at any time, including while incarcerated and before starting621
674+or completing any required professional qualifications for licensure, for a predetermination622
675+as to whether the individual's criminal record will disqualify him or her from obtaining a623
676+license.624
677+(b) The petition for predetermination shall include the individual's criminal record or625
678+authorize the board to obtain the individual's criminal record. The petitioning individual626
679+need not disclose any offenses falling under subsection (b) of Code Section 43-3-21.1. The627
680+petition shall also include any information the petitioner chooses to submit concerning the628
681+circumstances of their record and their rehabilitation.629
682+(c) In considering predetermination petitions, the board shall apply the direct relationship630
683+standard in subsection (a) of Code Section 43-3-21.1. The board shall support any adverse631
684+predetermination by justifying that it is substantially more likely than not that a criminal632
685+record supports an adverse licensing decision.633
686+(d) A predetermination made under this subsection that a petitioner is eligible for a license634
687+shall be binding on the board only if the petitioner applies for licensure, fulfills all other635
688+requirements for the licensure, and the petitioner's submitted criminal record was correct636
689+and remains unchanged at the time of his or her application for a license.637
690+(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from638
691+licensure, the board shall notify the petitioner of the potentially disqualifying convictions. 639
692+The letter of concern shall advise the petitioner of their opportunity to submit additional640
693+evidence of rehabilitation and mitigation or for a hearing, or both.641
694+(f) The board may predetermine that the petitioner's criminal record is likely grounds for642
695+denial of a license only after the board has held a hearing on the petitioner's eligibility in643
696+accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The644
697+hearing shall be held in person, by remote video, or by teleconference within 60 days of645
698+S. B. 157 (SUB)
699+- 25 - 24 LC 36 5860S
700+receipt of the predetermination petition. The individual shall have the opportunity to646
701+include character witnesses at the hearing, including but not limited to family members,647
702+friends, past or prospective employers, probation or parole officers, and rehabilitation648
703+counselors, who may offer their verbal or written support. The board shall not make an649
704+adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The650
705+board shall issue a final decision within 60 days of complete submission of the issue for651
706+consideration or the hearing, whichever is later.652
707+(g) If the board decides that a predetermination petitioner is ineligible for a license, the653
708+board shall notify the petitioner of the following:654
709+(1) The grounds and rationale for the predetermination, including the specific655
710+convictions and the factors in subsection (a) of Code Section 43-3-21.1 the board deemed656
711+directly relevant;657
712+(2) An explanation of the process and right to appeal the board's predetermination658
713+decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and659
714+(3) Any actions the petitioner may take to remedy the disqualification. An individual660
715+who receives a predetermination of ineligibility may submit a revised petition reflecting661
716+completion of the remedial actions. The individual may submit a new petition to the662
717+board not before one year following a final judgment on their initial petition or upon663
718+completing the remedial actions, whichever is earlier.664
719+(h) The denial of a predetermination petition because of the applicant's criminal record665
720+shall constitute a contested case as defined in Code Section 50-13-2. In an administrative666
721+hearing or civil action reviewing the denial of a predetermination petition, the board shall667
722+have the burden of proving that the applicant's criminal record directly relates to the668
723+licensed occupation."669
724+S. B. 157 (SUB)
725+- 26 - 24 LC 36 5860S
726+SECTION 2-3.670
727+Said title is further amended in Code Section 43-3-27, relating to notification by an671
728+individual issued a license or certification as an accountant of conviction, time limit, and672
729+suspension, by revising subsection (a) as follows:673
730+"(a) Any individual issued a license or certification under this chapter or providing services674
731+under substantial equivalency practice privileges and convicted under the laws of this state,675
732+the United States, any other state, or any other country of a felony as defined in paragraph676
733+(3) of subsection (a) of Code Section 43-1-19 43-1-1 shall be required to notify the board677
734+of such conviction within 30 days of such conviction. The failure of such individual to678
735+notify the board of a conviction shall be considered grounds for revocation of his or her679
736+license or other authorization issued pursuant to this chapter."680
737+SECTION 2-4.681
738+Said title is further amended in Code Section 43-9-12, relating to refusal, suspension, or682
739+revocation of chiropractor licenses, subpoenas, other discipline, judicial review,683
740+reinstatement, voluntary surrender of license, injunctions, and statement of complaint, by684
741+revising paragraphs (3) and (4) of subsection (a) as follows:685
742+"(3) Been convicted of any felony or covered misdemeanors of any crime involving686
743+moral turpitude in the courts of this state or any other state, territory, or country or in the687
744+courts of the United States; as used in this paragraph and paragraph (4) of this subsection,688
745+the term 'felony' shall include any offense which, if committed in this state, would be689
746+deemed a felony, without regard to its designation elsewhere; and, as used in this690
747+paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of691
748+guilty, regardless of whether an appeal of the conviction has been sought. Any such692
749+record shall be considered in the manner prescribed by subsection (q) of Code Section693
750+43-1-19;694
751+S. B. 157 (SUB)
752+- 27 - 24 LC 36 5860S
753+(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime695
754+involving moral turpitude, covered misdemeanor where such record is considered in the696
755+manner prescribed by subsection (q) of Code Section 43-1-19 and:697
756+(A) A plea of nolo contendere was entered to the charge; or698
757+(B) First offender treatment without adjudication of guilt pursuant to the charge was699
758+granted The licensee or applicant is currently serving a sentence pursuant to Article 3700
759+of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of701
760+Code Section 16-13-2; or702
761+(C) An adjudication or sentence was otherwise withheld or not entered on the charge.703
762+The plea of nolo contendere or the order entered pursuant to the provisions of Article 3704
763+of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender705
764+treatment shall be conclusive evidence of arrest and sentencing for such crime;"706
765+SECTION 2-5.707
766+Said title is further amended in Code Section 43-10-20, relating to the teaching of barbering708
767+or the practice of a cosmetologist in prisons and certification of registration, by revising709
768+subsection (b) as follows:710
769+"(b) The board shall be required to test an inmate who is an applicant for a certificate or711
770+registration under this chapter who has completed successfully a barber or cosmetologist712
771+training program operated by the Department of Corrections and who meets the713
772+requirements stated in Code Section 43-10-9. If such inmate passes the applicable written714
773+and practical examinations, the board may issue the appropriate certificate of registration715
774+to such inmate after consideration of all requirements under Code Sections 43-10-9 and716
775+43-1-19; provided, however, that the board shall not apply the provisions of paragraph (4)717
776+of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such person's718
777+status as an inmate and shall apply such provisions in the same manner as would otherwise719
778+be applicable to an applicant who is not an inmate."720
779+S. B. 157 (SUB)
780+- 28 - 24 LC 36 5860S
781+SECTION 2-6.721
782+Said title is further amended in Code Section 43-11-47, relating to refusal to grant, or722
783+revocation of licenses by the Board of Dentistry, disciplining licensees, subpoenas, judicial723
784+review, investigations, immunity, failure to appear, and voluntary surrender, by revising724
785+paragraphs (3) and (4) of subsection (a) as follows:725
786+"(3) Been convicted of any felony or of any crime involving moral turpitude covered726
787+misdemeanor as defined in Code Section 43-1-1 in the courts of this state or any other727
788+state, territory, or country or in the courts of the United States; as used in this subsection,728
789+the term 'felony' shall include any offense which, if committed in this state, would be729
790+deemed a felony without regard to its designation elsewhere; and, as used in this730
791+subsection, the term 'conviction' shall include a finding or verdict of guilty or a plea of731
792+guilty, regardless of whether an appeal of the conviction has been sought. Any licensee732
793+who is convicted under the laws of this state, the United States, or any other state,733
794+territory, or country of a felony shall be required to notify the board of conviction within734
795+ten days of the conviction. The failure to notify the board of a conviction shall be735
796+considered grounds for revocation of his or her license;736
797+(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime737
798+involving moral turpitude covered misdemeanor, where:738
799+(A) A plea of nolo contendere was entered to the charge; or739
800+(B) First offender treatment without adjudication of guilt pursuant to the charge was740
801+granted; or The licensee or applicant is currently serving a sentence pursuant to Article741
802+3 of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of742
803+Code Section 16-13-2.743
804+(C) An adjudication or sentence was otherwise withheld or not entered on the charge.744
805+The plea of nolo contendere or the order entered pursuant to the provisions of Article 3745
806+of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of746
807+arrest and sentencing for such crime;"747
808+S. B. 157 (SUB)
809+- 29 - 24 LC 36 5860S
810+SECTION 2-7.748
811+Said title is further amended in Code Section 43-11-47, relating to refusal to grant, or749
812+revocation of, licenses by the Board of Dentistry, disciplining licensees, subpoenas, judicial750
813+review, investigations, immunity, failure to appear, and voluntary surrender, by adding two751
814+new subsections to read as follows:752
815+"(a.1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section, the753
816+board of dentistry shall refuse to grant a license to an individual or shall revoke a license754
817+only if a conviction directly relates to the occupation for which the license is sought or held755
818+and granting the license would pose a direct and substantial risk to public safety because756
819+the individual has not been rehabilitated to safely perform the duties and responsibilities757
820+of the practice of dentistry. In determining if a conviction directly relates to the occupation758
821+for which the license is sought or held, the board of dentistry shall consider:759
822+(1) The nature and seriousness of the offense and the direct relationship of the criminal760
823+conduct to the duties and responsibilities of the occupation for which the license is sought761
824+or held;762
825+(2) The age of the individual at the time the offense was committed;763
826+(3) The length of time elapsed since the offense was committed;764
827+(4) All circumstances relative to the offense, including, but not limited to, mitigating765
828+circumstances or social conditions surrounding the commission of the offense; and766
829+(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation767
830+for which the license is sought or held, including, but not limited to:768
831+(A) The completion of the criminal sentence;769
832+(B) A program and treatment certificate issued by the Board of Corrections;770
833+(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment771
834+program;772
835+(D) Testimonials and recommendations, which may include a progress report from the773
836+individual's probation or parole officer;774
837+S. B. 157 (SUB)
838+- 30 - 24 LC 36 5860S
839+(E) Education and training;775
840+(F) Employment history;776
841+(G) Employment aspirations;777
842+(H) The individual's current family or community responsibilities, or both;778
843+(I) Whether a bond is required to practice the occupation;779
844+(J) Any affidavits or other written documents, including, but not limited to, character780
845+references; and781
846+(K) Any other information regarding rehabilitation the individual submits to the board.782
847+(6) In determining whether to terminate and revoke a license, the board shall not consider783
848+nor require an individual to disclose:784
849+(A) A deferred adjudication, discharged first offender adjudication, completed785
850+diversion program, completed conditional discharge, or an arrest not followed by a786
851+conviction;787
852+(B) A conviction for which no sentence of incarceration can be imposed;788
853+(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or789
854+pardoned, provided that the board may consider a plea for which an individual is790
855+currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another791
856+state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;792
857+(D) A juvenile adjudication;793
858+(E) A misdemeanor conviction older than five years, unless the offense of conviction794
859+is listed in Code section 35-3-37(j)(4); or795
860+(F) A conviction older than five years for which the individual was not incarcerated,796
861+or a conviction for which the individual's incarceration ended more than five years797
862+before the date of the board's consideration, except for a felony conviction related to:798
863+(i) A criminal sexual act;799
864+(ii) Criminal fraud or embezzlement;800
865+(iii) Aggravated assault;801
866+S. B. 157 (SUB)
867+- 31 - 24 LC 36 5860S
868+(iv) Aggravated robbery;802
869+(v) Aggravated abuse, neglect, or endangerment of a child;803
870+(vi) Arson;804
871+(vii) Carjacking;805
872+(viii) Kidnapping; or806
873+(ix) Manslaughter, homicide, or murder.807
874+(a.2)(1) Notwithstanding any other provision of law, an individual with a criminal record808
875+may petition the board of dentistry at any time, including while incarcerated and before809
876+starting or completing any required professional qualifications for licensure, for a810
877+predetermination as to whether the individual's criminal record will disqualify him or her811
878+from obtaining a license.812
879+(2) The petition for predetermination shall include the individual's criminal record or813
880+authorize the board to obtain the individual's criminal record. The petitioning individual814
881+need not disclose any offenses falling under paragraph (6) subsection (a.1) of this Code815
882+section. The petition shall also include any information the petitioner chooses to submit816
883+concerning the circumstances of their record and their rehabilitation.817
884+(3) In considering predetermination petitions, the board shall apply the direct relationship818
885+standard in subsection (a.1) of this Code section and shall not consider any offenses819
886+falling under paragraph (6) of subsection (a.1) of this Code section. The board shall820
887+support any adverse predetermination by justifying that it is substantially more likely than821
888+not that a criminal record supports an adverse licensing decision.822
889+(4) A predetermination made under this subsection that a petitioner is eligible for a823
890+license shall be binding on the board only if the petitioner applies for licensure, fulfills824
891+all other requirements for the occupational licensure, and the petitioner's submitted825
892+criminal record was correct and remains unchanged at the time of his or her application826
893+for a license.827
894+S. B. 157 (SUB)
895+- 32 - 24 LC 36 5860S
896+(5) If a petitioner's criminal record includes matters that may disqualify the petitioner828
897+from licensure, the board shall notify the petitioner of the potentially disqualifying829
898+convictions. The letter of concern shall advise the petitioner of their opportunity to830
899+submit additional evidence of rehabilitation and mitigation or for a hearing, or both.831
900+(6) The board may predetermine that the petitioner's criminal record is likely grounds for832
901+denial of a license only after the board has held a hearing on the petitioner's eligibility in833
902+accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The834
903+hearing shall be held in person, by remote video, or by teleconference within 60 days of835
904+receipt of the predetermination petition. The individual shall have the opportunity to836
905+include character witnesses at the hearing, including but not limited to family members,837
906+friends, past or prospective employers, probation or parole officers, and rehabilitation838
907+counselors, who may offer their verbal or written support. The professional licensing839
908+board shall not make an adverse inference by a petitioner's decision to forgo a hearing or840
909+character witnesses. The board shall issue a final decision within 60 days of complete841
910+submission of the issue for consideration or the hearing, whichever is later.842
911+(7) If the professional licensing board decides that a predetermination petitioner is843
912+ineligible for a license, the board shall notify the petitioner of the following:844
913+(A) The grounds and rationale for the predetermination, including the specific845
914+convictions and the factors in subsection (a.1) of this Code section the board deemed846
915+directly relevant;847
916+(B) An explanation of the process and right to appeal the board's predetermination848
917+decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and849
918+(C) Any actions the petitioner may take to remedy the disqualification. An individual850
919+who receives a predetermination of ineligibility may submit a revised petition reflecting851
920+completion of the remedial actions. The individual may submit a new petition to the852
921+board not before one year following a final judgment on their initial petition or upon853
922+completing the remedial actions, whichever is earlier.854
923+S. B. 157 (SUB)
924+- 33 - 24 LC 36 5860S
925+(8) The denial of a predetermination petition because of the applicant's criminal record855
926+shall constitute a contested case as defined in Code Section 50-13-2. In an administrative856
927+hearing or civil action reviewing the denial of a predetermination petition, the board shall857
928+have the burden of proving that the applicant's criminal record directly relates to the858
929+licensed occupation."859
930+SECTION 2-8.860
931+Said title is further amended in Code Section 43-11-71, relating to qualifications of861
932+applicants for license and criminal background check, by revising subsection (a) and by862
933+adding two new subsections to read as follows:863
934+"(a) No person shall be entitled to or be issued such license as set out in Code Section864
935+43-11-70 unless such person is at least 18 years of age, of good moral character, and a865
936+graduate of a dental hygiene program recognized by the board and accredited by the866
937+Commission on Dental Accreditation of the American Dental Association (ADA) or its867
938+successor agency which is operated by a school or college accredited by an institutional868
939+accrediting agency recognized by the United States Department of Education whose869
940+curriculum is at least two academic years of courses at the appropriate level and at the870
941+completion of which an associate or baccalaureate degree is awarded.871
942+(b) Application for a license under Code Section 43-11-70 shall constitute consent for872
943+performance of a criminal background check. Each applicant who submits an application873
944+to the board for licensure agrees to provide the board with any and all information874
945+necessary to run a criminal background check, including but not limited to classifiable sets875
946+of fingerprints. The applicant shall be responsible for all fees associated with the876
947+performance of a background check.877
948+(c) Notwithstanding subsections (a) and (b) of this Code section, the board of dentistry878
949+shall refuse to grant a license to an individual or shall revoke a license only if a conviction879
950+directly relates to the occupation for which the license is sought or held and granting the880
951+S. B. 157 (SUB)
952+- 34 - 24 LC 36 5860S
953+license would pose a direct and substantial risk to public safety because the individual has881
954+not been rehabilitated to safely perform the duties and responsibilities of the practice of a882
955+dental hygienist. In determining if a conviction directly relates to the occupation for which883
956+the license is sought or held, the board of dentistry shall consider:884
957+(1) The nature and seriousness of the offense and the direct relationship of the criminal885
958+conduct to the duties and responsibilities of the occupation for which the license is sought886
959+or held;887
960+(2) The age of the individual at the time the offense was committed;888
961+(3) The length of time elapsed since the offense was committed;889
962+(4) All circumstances relative to the offense, including, but not limited to, mitigating890
963+circumstances or social conditions surrounding the commission of the offense; and891
964+(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation892
965+for which the license is sought or held, including, but not limited to:893
966+(A) The completion of the criminal sentence;894
967+(B) A program and treatment certificate issued by the Board of Corrections;895
968+(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment896
969+program;897
970+(D) Testimonials and recommendations, which may include a progress report from the898
971+individual's probation or parole officer;899
972+(E) Education and training;900
973+(F) Employment history;901
974+(G) Employment aspirations;902
975+(H) The individual's current family or community responsibilities, or both;903
976+(I) Whether a bond is required to practice the occupation;904
977+(J) Any affidavits or other written documents, including, but not limited to, character905
978+references; and906
979+(K) Any other information regarding rehabilitation the individual submits to the board.907
980+S. B. 157 (SUB)
981+- 35 - 24 LC 36 5860S
982+(6) In determining whether to terminate and revoke a license, the board shall not consider908
983+nor require an individual to disclose:909
984+(A) A deferred adjudication, discharged first offender treatment, completed diversion910
985+program, completed conditional discharge, or an arrest not followed by a conviction;911
986+(B) A conviction for which no sentence of incarceration can be imposed;912
987+(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or913
988+pardoned, provided that the board may consider a plea for which an individual is914
989+currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another915
990+state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;916
991+(D) A juvenile adjudication;917
992+(E) A misdemeanor conviction older than five years, unless the offense of conviction918
993+is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or919
994+(F) A conviction older than five years for which the individual was not incarcerated,920
995+or a conviction for which the individual's incarceration ended more than five years921
996+before the date of the board's consideration, except for a felony conviction related to:922
997+(i) A criminal sexual act;923
998+(ii) Criminal fraud or embezzlement;924
999+(iii) Aggravated assault;925
1000+(iv) Aggravated robbery;926
1001+(v) Aggravated abuse, neglect, or endangerment of a child;927
1002+(vi) Arson;928
1003+(vii) Carjacking;929
1004+(viii) Kidnapping; or930
1005+(ix) Manslaughter, homicide, or murder.931
1006+(d)(1) Notwithstanding any other provision of law, an individual with a criminal record932
1007+may petition the board of dentistry at any time, including while incarcerated and before933
1008+starting or completing any required professional qualifications for licensure, for a934
1009+S. B. 157 (SUB)
1010+- 36 - 24 LC 36 5860S
1011+predetermination as to whether the individual's criminal record will disqualify him or her935
1012+from obtaining a license.936
1013+(2) The petition for predetermination shall include the individual's criminal record or937
1014+authorize the board to obtain the individual's criminal record. The petitioning individual938
1015+need not disclose any offenses falling under subparagraph (c)(6)(F) of this Code section. 939
1016+The petition shall also include any information the petitioner chooses to submit940
1017+concerning the circumstances of their record and their rehabilitation.941
1018+(3) In considering predetermination petitions, the professional licensing board shall apply942
1019+the direct relationship standard in subsection (c) of this Code section and shall not943
1020+consider any offenses falling under subparagraph (c)(6)(F) of this Code section. The944
1021+board shall support any adverse predetermination by justifying that it is substantially945
1022+more likely than not that a criminal record supports an adverse licensing decision.946
1023+(4) A predetermination made under this subsection that a petitioner is eligible for a947
1024+license shall be binding on the professional licensing board only if the petitioner applies948
1025+for licensure, fulfills all other requirements for the occupational licensure, and the949
1026+petitioner's submitted criminal record was correct and remains unchanged at the time of950
1027+his or her application for a license.951
1028+(5) If a petitioner's criminal record includes matters that may disqualify the petitioner952
1029+from licensure, the board shall notify the petitioner of the potentially disqualifying953
1030+convictions. The letter of concern shall advise the petitioner of their opportunity to954
1031+submit additional evidence of rehabilitation and mitigation or for a hearing, or both.955
1032+(6) The board may predetermine that the petitioner's criminal record is likely grounds for956
1033+denial of a license only after the board has held a hearing on the petitioner's eligibility in957
1034+accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The958
1035+hearing shall be held in person, by remote video, or by teleconference within 60 days of959
1036+receipt of the predetermination petition. The individual shall have the opportunity to960
1037+include character witnesses at the hearing, including but not limited to family members,961
1038+S. B. 157 (SUB)
1039+- 37 - 24 LC 36 5860S
1040+friends, past or prospective employers, probation or parole officers, and rehabilitation962
1041+counselors, who may offer their verbal or written support. The professional licensing963
1042+board shall not make an adverse inference by a petitioner's decision to forgo a hearing or964
1043+character witnesses. The board shall issue a final decision within 60 days of complete965
1044+submission of the issue for consideration or the hearing, whichever is later.966
1045+(7) If the board decides that a predetermination petitioner is ineligible for a license, the967
1046+board shall notify the petitioner of the following:968
1047+(A) The grounds and rationale for the predetermination, including the specific969
1048+convictions and the factors in subsection (c) of this Code section the board deemed970
1049+directly relevant;971
1050+(B) An explanation of the process and right to appeal the board's predetermination972
1051+decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and973
1052+(C) Any actions the petitioner may take to remedy the disqualification. An individual974
1053+who receives a predetermination of ineligibility may submit a revised petition reflecting975
1054+completion of the remedial actions. The individual may submit a new petition to the976
1055+board not before one year following a final judgment on their initial petition or upon977
1056+completing the remedial actions, whichever is earlier.978
1057+(8) The denial of a predetermination petition because of the applicant's criminal record979
1058+shall constitute a contested case as defined in Code Section 50-13-2. In an administrative980
1059+hearing or civil action reviewing the denial of a predetermination petition, the board shall981
1060+have the burden of proving that the applicant's criminal record directly relates to the982
1061+licensed occupation."983
1062+SECTION 2-9.984
1063+Said title is further amended by revising Code Section 43-18-46, relating to grounds for985
1064+denial or revocation of license or registration and other discipline for funeral directors and986
1065+embalmers, as follows:987
1066+S. B. 157 (SUB)
1067+- 38 - 24 LC 36 5860S
1068+"43-18-46.988
1069+In addition to the authority and provided in Code Section 43-1-19, the board may refuse989
1070+to grant a license to operate a funeral establishment or to practice embalming or funeral990
1071+directing, may refuse to grant a registration to serve as an apprentice, or may revoke,991
1072+suspend, fine, or otherwise discipline a licensee or registrant upon any of the following992
1073+grounds:993
1074+(1) The employment of fraud or deception in applying for a license or registration or in994
1075+passing the examination provided for in this article;995
1076+(2) Issuance of a license or registration through error;996
1077+(3) Conviction of a crime involving moral turpitude;997
1078+(4)(3) The practice of embalming or funeral directing under a false name or the998
1079+impersonation of another embalmer, funeral director, or apprentice of a like or different999
1080+name;1000
1081+(5)(4) The making of a false statement or representation regarding the qualifications,1001
1082+training, or experience of any applicant;1002
1083+(6)(5) The making of a misrepresentation of any kind regarding any funeral merchandise;1003
1084+(7)(6) Directly or indirectly, by gifts or otherwise, committing the offense of buying1004
1085+business or paying a commission or making gifts, directly or indirectly, for the purpose1005
1086+of securing business to any physician or hospital, or to any institution where death occurs,1006
1087+or to any hospital superintendent, nurse, intern, or employee of any hospital, nursing1007
1088+home, or other institution where death occurs; or to any coroner or other government1008
1089+official;1009
1090+(8)(7) Gross or willful malpractice or gross neglect in the practice of embalming, funeral1010
1091+directing, or cremating;1011
1092+(9)(8) Signing a death certificate as having embalmed or prepared a body for burial or1012
1093+preservation when in fact someone else performed such embalming or preparation;1013
1094+S. B. 157 (SUB)
1095+- 39 - 24 LC 36 5860S
1096+(10)(9) Interfering, either directly or indirectly, with a licensed embalmer or funeral1014
1097+director having legal charge of a dead human body;1015
1098+(11)(10) Using any statements that mislead or deceive the public including, but not1016
1099+limited to, false or misleading statements regarding a legal or cemetery requirement,1017
1100+funeral merchandise, funeral services, or in the operation of a funeral establishment;1018
1101+(12)(11) Failing to fulfill the terms of a funeral service contract;1019
1102+(13)(12) Disregarding a decedent's dignity, right to privacy, or right to confidentiality1020
1103+unless compelled by law to do otherwise;1021
1104+(14)(13) Using profane, indecent, or obscene language in the presence of a dead human1022
1105+body, or within the immediate hearing of the family or relatives of a deceased, whose1023
1106+body has not yet been interred or otherwise disposed;1024
1107+(15)(14) Failing to turn assigned benefits in excess of charges incurred over to the1025
1108+assignee of the deceased within ten working days of receipt of the assigned funds;1026
1109+(16)(15) Refusing to surrender promptly the custody of a dead human body upon the1027
1110+express order of the person lawfully entitled to the custody;1028
1111+(17)(16) Failing to have the charges rendered to be in compliance with those listed in the1029
1112+funeral establishment general price list, the casket price list, the outer burial container list,1030
1113+or the funeral service contract price list;1031
1114+(18)(17) Aiding or abetting an unlicensed person to practice under this article;1032
1115+(19)(18) Promoting or participating in a burial society, burial association, burial1033
1116+certificate plan, or burial membership plan;1034
1117+(20)(19) Soliciting, as defined in paragraph (21) of Code Section 43-18-1;1035
1118+(21)(20) Presenting a false certification of work done by an apprentice or as an1036
1119+apprentice;1037
1120+(22)(21) Willfully violating any state law or regulation; Federal Trade Commission law1038
1121+or regulation; Occupational Safety and Health Administration law or regulation;1039
1122+Department of Public Health law or regulation; Environmental Protection Agency law1040
1123+S. B. 157 (SUB)
1124+- 40 - 24 LC 36 5860S
1125+or regulation; or municipal or county ordinance or regulation that affects the handling,1041
1126+custody, care, or transportation of dead human bodies, including, but not limited to, the1042
1127+disposal of equipment, residual fluids, or medical wastes;1043
1128+(23)(22) Knowingly making any misleading, deceptive, untrue, or fraudulent1044
1129+representation in the practice of funeral directing or embalming or in any document1045
1130+connected therewith;1046
1131+(24)(23) Discriminating in the provision of services because of race, creed, color,1047
1132+religion, gender, or national origin;1048
1133+(25)(24) Failing to safeguard all personal properties that were obtained from dead human1049
1134+remains and failing to dispose of same as directed by a legally authorized person;1050
1135+(26)(25) Failing to refund moneys due as a result of overpayment by an insurance1051
1136+company or other third party;1052
1137+(27)(26) Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious1053
1138+conduct or practice harmful to the public, which conduct or practice that materially1054
1139+affects the fitness of the licensee or registrant to practice in the funeral business, or is of1055
1140+a nature likely to jeopardize the interest of the general public, which conduct or practice1056
1141+and that need not have resulted in actual injury to any person or be directly related to the1057
1142+practice of funeral directing or embalming but shows that the person has committed any1058
1143+act or omission which is indicative of bad moral character or untrustworthiness;1059
1144+unprofessional untrustworthiness. Unprofessional conduct shall also include any1060
1145+departure from or failure to conform to the minimal reasonable standards of acceptable1061
1146+and prevailing practice of funeral services;1062
1147+(28)(27) Engaging in any practice whereby a person who is both a funeral director and1063
1148+a coroner or who is both a funeral director and a minister presents that person as a funeral1064
1149+director to a legally authorized person when death is imminent or after death occurs prior1065
1150+to when the legally authorized person selects a funeral director or funeral establishment1066
1151+which will handle the dead human body;1067
1152+S. B. 157 (SUB)
1153+- 41 - 24 LC 36 5860S
1154+(29)(28) Practicing embalming or funeral directing or operating a funeral establishment1068
1155+or crematory prior to the board's having approved an application for licensure; or1069
1156+(30)(29) Failing to satisfy the funeral director in full and continuous charge requirements1070
1157+as set out in Code Section 43-18-71 or funeral establishment requirements as set out in1071
1158+Code Section 43-18-70."1072
1159+SECTION 2-10.1073
1160+Said title is further amended in Code Section 43-24A-9, relating to provisional permits for1074
1161+massage therapists, by revising subsection (a) as follows:1075
1162+"(a) A provisional permit to practice as a provisionally permitted massage therapist shall,1076
1163+upon proper application, be issued for a six-month period to an applicant who meets the1077
1164+following criteria:1078
1165+(1) Holds and maintains a valid license as a massage therapist in another state;1079
1166+(2) Is not a resident of this state as confirmed in a secure and verifiable document, as1080
1167+defined in Code Section 50-36-2;1081
1168+(3) Has not had a license or permit to practice as a massage therapist voided, revoked,1082
1169+suspended, denied, or annulled by this state or another state, territory, or jurisdiction; and1083
1170+(4) Has not been convicted of a directly related felony in the courts of this state, any1084
1171+other state, territory, or country, or in the courts of the United States, including, but not1085
1172+limited to, a plea of nolo contendere entered to such charge or the affording of first1086
1173+offender treatment to any such charge a plea to such charge for which an individual is1087
1174+currently serving a first offender sentence in the same manner as provided in paragraph1088
1175+(4) of subsection (a) of subsection (q) of Code Section 43-1-19. For purposes of this1089
1176+paragraph, the term 'felony' shall have the same meaning as provided in Code Section1090
1177+43-1-1."1091
1178+S. B. 157 (SUB)
1179+- 42 - 24 LC 36 5860S
1180+SECTION 2-11.1092
1181+Said title is further amended in Code Section 43-26-11, relating to denial or revocation of1093
1182+licenses and other discipline under the "Georgia Registered Professional Nurse Practice Act,"1094
1183+by revising paragraph (1) as follows:1095
1184+"(1) Been convicted of any directly related felony, crime involving moral turpitude, or1096
1185+directly related crime violating a federal or state law relating to controlled substances or1097
1186+dangerous drugs in the courts of this state, any other state, territory, or country, or in the1098
1187+courts of the United States, including but not limited to a plea of nolo contendere entered1099
1188+to the charge,; provided, however, that such conviction shall be evaluated as provided by1100
1189+subsection (q) of Code Section 43-1-19; or"1101
1190+SECTION 2-12.1102
1191+Said title is further amended by revising Code Section 43-26-40, relating to refusal to grant1103
1192+license and revocation of registered practical nurses licenses and disciplining of licensees,1104
1193+as follows:1105
1194+"43-26-40.1106
1195+(a) In addition to the authority granted in Code Section 43-1-19, the board shall have the1107
1196+authority to refuse to grant a license to an applicant, to revoke the license of a licensee, or1108
1197+to discipline a licensee upon a finding by the board that the applicant or licensee has:1109
1198+(1) Been convicted of a directly related felony, a crime involving moral turpitude, or any1110
1199+directly related crime violating a federal or state law relating to controlled substances or1111
1200+dangerous drugs or marijuana in the courts of this state, any other state, territory, or1112
1201+country, or in the courts of the United States, including, but not limited to, a plea of nolo1113
1202+contendere entered to the charge; provided, however, that such conviction shall be1114
1203+evaluated as provided by subsection (q) of Code Section 43-1-19;1115
1204+S. B. 157 (SUB)
1205+- 43 - 24 LC 36 5860S
1206+(2) Had a license to practice nursing revoked, suspended, or annulled by any lawful1116
1207+licensing authority, had other disciplinary action taken by any lawful licensing authority,1117
1208+or was denied a license by any lawful licensing authority;1118
1209+(3) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or1119
1210+practice harmful to the public, which conduct or practice need not have resulted in actual1120
1211+injury to any person. As used in this paragraph, the term 'unprofessional conduct'1121
1212+includes the improper charting of medication and any departure from, or the failure to1122
1213+conform to, the minimal standards of acceptable and prevailing nursing practice;1123
1214+(4) Violated or attempted to violate a law or any lawfully promulgated rule or regulation1124
1215+of this state, any other state, the board, the United States, or any other lawful authority,1125
1216+without regard to whether the violation is criminally punishable, which statute, law, or1126
1217+rule or regulation relates to or in part regulates the practice of nursing, when the licensee1127
1218+or applicant knows or should know that such action is violative of such law or rule;1128
1219+(5) Violated a lawful order of the board previously entered by the board in a disciplinary1129
1220+hearing; or1130
1221+(6) Displayed an inability to practice nursing as a licensed practical nurse with1131
1222+reasonable skill and safety due to illness, use of alcohol, drugs, narcotics, chemicals, or1132
1223+any other types of material, or as a result of any mental or physical condition:1133
1224+(A) In enforcement of this paragraph, the board may, upon reasonable grounds, require1134
1225+a licensee or applicant to submit to a mental or physical examination by a board1135
1226+approved health care professional. The expense of such mental or physical examination1136
1227+shall be borne by the licensee or applicant. The results of such examination shall be1137
1228+admissible in any hearing before the board, notwithstanding any claim of privilege1138
1229+under contrary law or rule. Every person who is licensed to practice practical nursing1139
1230+as a licensed practical nurse in this state, or an applicant for examination, endorsement,1140
1231+or reinstatement, shall be deemed to have given such person's consent to submit to such1141
1232+mental or physical examination and to have waived all objections to the admissibility1142
1233+S. B. 157 (SUB)
1234+- 44 - 24 LC 36 5860S
1235+of the results in any hearing before the board upon the grounds that the same constitutes1143
1236+a privileged communication. If a licensee or applicant fails to submit to such an1144
1237+examination when properly directed to do so by the board, unless such failure was due1145
1238+to circumstances beyond that person's control, the board may enter a final order upon1146
1239+proper notice, hearing, and proof of such refusal. Any licensee or applicant who is1147
1240+prohibited from practicing under this paragraph shall at reasonable intervals be afforded1148
1241+an opportunity to demonstrate to the board that such person can resume or begin to1149
1242+practice practical nursing as a licensed practical nurse with reasonable skill and safety;1150
1243+and1151
1244+(B) In enforcement of this paragraph, the board may, upon reasonable grounds, obtain1152
1245+any and all records relating to the mental or physical condition of a licensee or1153
1246+applicant, including psychiatric records; such records shall be admissible in any hearing1154
1247+before the board, notwithstanding any privilege under a contrary rule, law, or statute.1155
1248+Every person who is licensed in this state or who shall file an application for said1156
1249+license shall be deemed to have given such person's consent to the board's obtaining1157
1250+such records and to have waived all objections to the admissibility of such records in1158
1251+any hearing before the board upon the grounds that the same constitute a privileged1159
1252+communication.1160
1253+(b) Neither denial of an initial license, the issuance of a private reprimand, the denial of1161
1254+a license by endorsement under Code Section 43-26-38, nor the denial of a request for1162
1255+reinstatement of a license on the grounds that the applicant or licensee has failed to meet1163
1256+the minimum requirements shall be considered a contested case within the meaning of1164
1257+Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and notice and hearing1165
1258+within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or1166
1259+licensee shall be allowed to appear before the board if he or she so requests.1167
1260+(c) Notwithstanding any other provision of this Code section, the denial of an initial1168
1261+license or the denial of a request for reinstatement of a license on the grounds that the1169
1262+S. B. 157 (SUB)
1263+- 45 - 24 LC 36 5860S
1264+applicant or licensee is disqualified due to a criminal record shall be in accordance with1170
1265+subsection (a) of Code Section 43-1-19."1171
1266+SECTION 2-13.1172
1267+Said title is further amended in Code Section 43-34-8, relating to the authority of the1173
1268+Composite Medical Board to refuse license, certificate, or permit medical professionals or1174
1269+to issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and1175
1270+publication of final disciplinary actions, by revising paragraph (3) of subsection (a) as1176
1271+follows:1177
1272+"(3) Been convicted of a felony in the courts of this state or any other state, territory,1178
1273+country, or of the United States. As used in this paragraph, the term 'conviction of a1179
1274+felony' shall include a conviction of an offense which if committed in this state would be1180
1275+deemed a felony under either state or federal law, without regard to its designation1181
1276+elsewhere. As used in this paragraph, the term 'conviction' shall include a finding or1182
1277+verdict of guilt, a plea of guilty resulting in first offender status, or a plea of nolo1183
1278+contendere in a criminal proceeding, regardless of whether the adjudication of guilt or1184
1279+sentence is withheld or not entered thereon;. It shall also include a plea for which an1185
1280+individual is currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42,1186
1281+another state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1187
1282+(3.1) Been convicted of any directly related felony or directly related crime violating a1188
1283+federal or state law relating to controlled substances or dangerous drugs in the courts of1189
1284+this state, any other state, territory, or country, or in the courts of the United States,1190
1285+including but not limited to a plea of nolo contendere entered to the charge; provided,1191
1286+however, that such conviction shall be considered in the manner prescribed by subsection1192
1287+(q) of Code Section 43-1-19;"1193
1288+S. B. 157 (SUB)
1289+- 46 - 24 LC 36 5860S
1290+SECTION 2-14.1194
1291+Said title is further amended in Code Section 43-34-8, relating to the authority of the1195
1292+Composite Medical Board to refuse license, certificate, or permit medical professionals or1196
1293+to issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and1197
1294+publication of final disciplinary actions, by adding two new subsections to read as follows:1198
1295+"(a.1) Notwithstanding paragraphs (3), (3.1), (4), and (11) of subsection (a) of this Code1199
1296+section, the medical board shall refuse to grant a license to an individual or shall revoke a1200
1297+license only if a conviction directly relates to the occupation for which the license is sought1201
1298+or held and granting the license would pose a direct and substantial risk to public safety1202
1299+because the individual has not been rehabilitated to safely perform the duties and1203
1300+responsibilities of the practice of medicine. In determining if a conviction directly relates1204
1301+to the occupation for which the license is sought or held, the medical board shall consider:1205
1302+(1) The nature and seriousness of the offense and the direct relationship of the criminal1206
1303+conduct to the duties and responsibilities of the occupation for which the license is sought1207
1304+or held;1208
1305+(2) The age of the individual at the time the offense was committed;1209
1306+(3) The length of time elapsed since the offense was committed;1210
1307+(4) All circumstances relative to the offense, including, but not limited to, mitigating1211
1308+circumstances or social conditions surrounding the commission of the offense; and1212
1309+(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1213
1310+for which the license is sought or held, including, but not limited to:1214
1311+(A) The completion of the criminal sentence;1215
1312+(B) A program and treatment certificate issued by the Board of Corrections;1216
1313+(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1217
1314+program;1218
1315+(D) Testimonials and recommendations, which may include a progress report from the1219
1316+individual's probation or parole officer;1220
1317+S. B. 157 (SUB)
1318+- 47 - 24 LC 36 5860S
1319+(E) Education and training;1221
1320+(F) Employment history;1222
1321+(G) Employment aspirations;1223
1322+(H) The individual's current family or community responsibilities, or both;1224
1323+(I) Whether a bond is required to practice the occupation;1225
1324+(J) Any affidavits or other written documents, including, but not limited to, character1226
1325+references; and1227
1326+(K) Any other information regarding rehabilitation the individual submits to the board.1228
1327+(6) In determining whether to terminate and revoke a license, the board shall not consider1229
1328+nor require an individual to disclose:1230
1329+(A) A deferred adjudication, discharged first offender treatment, completed diversion1231
1330+program, completed conditional discharge, or an arrest not followed by a conviction;1232
1331+(B) A conviction for which no sentence of incarceration can be imposed;1233
1332+(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1234
1333+pardoned, provided that the board may consider a plea for which an individual is1235
1334+currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1236
1335+state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1237
1336+(D) A juvenile adjudication;1238
1337+(E) A misdemeanor conviction older than five years, unless the offense of conviction1239
1338+is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1240
1339+(F) A conviction older than five years for which the individual was not incarcerated,1241
1340+or a conviction for which the individual's incarceration ended more than five years1242
1341+before the date of the board's consideration, except for a felony conviction related to:1243
1342+(i) A criminal sexual act;1244
1343+(ii) Criminal fraud or embezzlement;1245
1344+(iii) Aggravated assault;1246
1345+(iv) Aggravated robbery;1247
1346+S. B. 157 (SUB)
1347+- 48 - 24 LC 36 5860S
1348+(v) Aggravated abuse, neglect, or endangerment of a child;1248
1349+(vi) Arson;1249
1350+(vii) Carjacking;1250
1351+(viii) Kidnapping; or1251
1352+(ix) Manslaughter, homicide, or murder.1252
1353+(a.2)(1) Notwithstanding any other provision of law, an individual with a criminal record1253
1354+may petition the board at any time, including while incarcerated and before starting or1254
1355+completing any required professional qualifications for licensure, for a predetermination1255
1356+as to whether the individual's criminal record will disqualify him or her from obtaining1256
1357+a license.1257
1358+(2) The petition for predetermination shall include the individual's criminal record or1258
1359+authorize the board to obtain the individual's criminal record. The petitioning individual1259
1360+need not disclose any offenses falling under paragraph (a.1)(6) of this Code section. The1260
1361+petition shall also include any information the petitioner chooses to submit concerning1261
1362+the circumstances of their record and their rehabilitation.1262
1363+(3) In considering predetermination petitions, the professional licensing board shall apply1263
1364+the direct relationship standard in subsection (a.1) of this subsection and shall not1264
1365+consider any offenses falling under paragraph (a.1)(6) of this Code section. The board1265
1366+shall support any adverse predetermination by justifying that it is substantially more1266
1367+likely than not that a criminal record supports an adverse licensing decision.1267
1368+(4) A predetermination made under this subsection that a petitioner is eligible for a1268
1369+license shall be binding on the board only if the petitioner applies for licensure, fulfills1269
1370+all other requirements for the occupational license, and the petitioner's submitted criminal1270
1371+record was correct and remains unchanged at the time of his or her application for a1271
1372+license.1272
1373+(5) If a petitioner's criminal record includes matters that may disqualify the petitioner1273
1374+from licensure, the board shall notify the petitioner of the potentially disqualifying1274
1375+S. B. 157 (SUB)
1376+- 49 - 24 LC 36 5860S
1377+convictions. The letter of concern shall advise the petitioner of their opportunity to1275
1378+submit additional evidence of rehabilitation and mitigation or for a hearing, or both.1276
1379+(6) The board may predetermine that the petitioner's criminal record is likely grounds for1277
1380+denial of a license only after the board has held a hearing on the petitioner's eligibility in1278
1381+accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The1279
1382+hearing shall be held in person, by remote video, or by teleconference within 60 days of1280
1383+receipt of the predetermination petition. The individual shall have the opportunity to1281
1384+include character witnesses at the hearing, including but not limited to family members,1282
1385+friends, past or prospective employers, probation or parole officers, and rehabilitation1283
1386+counselors, who may offer their verbal or written support. The board shall not make an1284
1387+adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The1285
1388+board shall issue a final decision within 60 days of complete submission of the issue for1286
1389+consideration or the hearing, whichever is later.1287
1390+(7) If the board decides that a predetermination petitioner is ineligible for a license, the1288
1391+board shall notify the petitioner of the following:1289
1392+(A) The grounds and rationale for the predetermination, including any of the1290
1393+petitioner's specific convictions and the factors provided for in subsection (a.2) of this1291
1394+Code section the board deemed directly relevant;1292
1395+(B) An explanation of the process and right to appeal the board's predetermination1293
1396+decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and1294
1397+(C) Any actions the petitioner may take to remedy the disqualification. An individual1295
1398+who receives a predetermination of ineligibility may submit a revised petition reflecting1296
1399+completion of the remedial actions. The individual may submit a new petition to the1297
1400+board not before one year following a final judgment on their initial petition or upon1298
1401+completing the remedial actions, whichever is earlier.1299
1402+(8) The denial of a predetermination petition because of the applicant's criminal record1300
1403+shall constitute a contested case as defined in Code Section 50-13-2. In an administrative1301
1404+S. B. 157 (SUB)
1405+- 50 - 24 LC 36 5860S
1406+hearing or civil action reviewing the denial of a predetermination petition, the board shall1302
1407+have the burden of proving that the applicant's criminal record directly relates to the1303
1408+licensed occupation."1304
1409+SECTION 2-15.1305
1410+Said title is further amended in Code Section 43-34-107, relating to termination of approval1306
1411+and revocation of licenses of physician assistants by the Composite Medical Board, notice1307
1412+and hearing, and sanctions, by revising subsection (a) as follows:1308
1413+"(a)(1) The approval of a physician's utilization of a physician assistant may be1309
1414+terminated and the license revoked by the board when, after due notice and a hearing, in1310
1415+accordance with this Code section, it shall find that the assistant is incompetent or has1311
1416+committed unethical or immoral acts, including, but not limited to, holding himself or1312
1417+herself out or permitting another to represent him or her as a licensed physician;1313
1418+performing otherwise than at the direction of a physician approved by the board to utilize1314
1419+the assistant's services; habitually using intoxicants or drugs to such an extent that he or1315
1420+she is unable safely to perform as an assistant to the physician; or being convicted in any1316
1421+court, state or federal, of any felony or other criminal offense involving moral turpitude1317
1422+covered misdemeanor.1318
1423+(2) The board shall recommend action to terminate and revoke on the basis of a criminal1319
1424+conviction or adjudication only if the conviction or adjudication directly relates to the1320
1425+role of a physician assistant. In determining if a criminal conviction or adjudication1321
1426+directly relates to the role of a physician assistant, the board shall consider:1322
1427+(A) The nature and seriousness of the crime and the direct relationship of the criminal1323
1428+conduct to the duties and responsibilities of the physician assistant;1324
1429+(B) The age of the individual at the time such crime was committed;1325
1430+(C) The length of time elapsed since such crime was committed;1326
1431+S. B. 157 (SUB)
1432+- 51 - 24 LC 36 5860S
1433+(D) All circumstances relative to such crime, including, but not limited to, mitigating1327
1434+circumstances or social conditions surrounding the commission of the offense; and1328
1435+(E) Evidence of rehabilitation and present fitness to perform the duties of the1329
1436+occupation for which the certificate is sought or held, including, but not limited to:1330
1437+(i) The completion of the criminal sentence;1331
1438+(ii) A program and treatment certificate issued by the Board of Corrections;1332
1439+(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1333
1440+treatment program;1334
1441+(iv) Testimonials and recommendations, which may include a progress report from1335
1442+the individual's probation or parole officer;1336
1443+(v) Education and training;1337
1444+(vi) Employment history;1338
1445+(vii) Employment aspirations;1339
1446+(viii) The individual's current family or community responsibilities, or both;1340
1447+(ix) Whether a bond is required to practice the occupation;1341
1448+(x) Any affidavits or other written documents, including, but not limited to, character1342
1449+references; and1343
1450+(xi) Any other information regarding rehabilitation the individual submits to the1344
1451+board.1345
1452+(3) In determining whether to terminate and revoke a license, the board or investigator1346
1453+shall not consider nor require an individual to disclose:1347
1454+(A) A deferred adjudication, discharged first offender treatment, completed diversion1348
1455+program, completed conditional discharge, or an arrest not followed by a conviction;1349
1456+(B) A conviction for which no sentence of incarceration can be imposed;1350
1457+(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1351
1458+pardoned, provided that the board may consider a plea for which an individual is1352
1459+S. B. 157 (SUB)
1460+- 52 - 24 LC 36 5860S
1461+currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1353
1462+state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1354
1463+(D) A juvenile adjudication;1355
1464+(E) A misdemeanor conviction older than five years, unless the offense of conviction1356
1465+is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1357
1466+(F) A conviction older than five years for which the individual was not incarcerated,1358
1467+or a conviction for which the individual's incarceration ended more than five years1359
1468+before the date of the board's consideration, except for a felony conviction related to:1360
1469+(i) A criminal sexual act;1361
1470+(ii) Criminal fraud or embezzlement;1362
1471+(iii) Aggravated assault;1363
1472+(iv) Aggravated robbery;1364
1473+(v) Aggravated abuse, neglect, or endangerment of a child;1365
1474+(vi) Arson;1366
1475+(vii) Carjacking;1367
1476+(viii) Kidnapping; or1368
1477+(ix) Manslaughter, homicide, or murder."1369
1478+SECTION 2-16.1370
1479+Said title is further amended in Code Section 43-34-283, relating to licensure requirements1371
1480+for pain management clinics by the Composite Medical Board, by revising subsection (d) as1372
1481+follows:1373
1482+"(d)(1) Upon the filing of an application for a license, the board may cause a thorough1374
1483+investigation of the applicant to be made and such investigation may include a criminal1375
1484+background check; provided, however, that the board shall cause a thorough investigation1376
1485+of a new applicant to be made, and such investigation shall include a background check. 1377
1486+If satisfied that the applicant possesses the necessary qualifications, the board shall issue1378
1487+S. B. 157 (SUB)
1488+- 53 - 24 LC 36 5860S
1489+a license. However, the board may issue licenses with varying restrictions to such1379
1490+persons where the board deems it necessary for the purpose of safeguarding the public1380
1491+health, safety, and welfare.1381
1492+(2) The board shall recommend action to deny licensure on the basis of a criminal1382
1493+conviction or adjudication only if the conviction or adjudication directly relates to the1383
1494+administration of a pain management clinic. In determining if a criminal conviction or1384
1495+adjudication directly relates to the administration of a pain management clinic, the board1385
1496+shall consider:1386
1497+(A) The nature and seriousness of the crime and the direct relationship of the criminal1387
1498+conduct to the duties and responsibilities of the licensee;1388
1499+(B) The age of the individual at the time such crime was committed;1389
1500+(C) The length of time elapsed since such crime was committed;1390
1501+(D) All circumstances relative to such crime, including, but not limited to, mitigating1391
1502+circumstances or social conditions surrounding the commission of the offense; and1392
1503+(E) Evidence of rehabilitation and present fitness to perform the duties of the1393
1504+occupation for which the certificate is sought or held, including, but not limited to:1394
1505+(i) The completion of the criminal sentence;1395
1506+(ii) A program and treatment certificate issued by the Board of Corrections;1396
1507+(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1397
1508+treatment program;1398
1509+(iv) Testimonials and recommendations, which may include a progress report from1399
1510+the individual's probation or parole officer;1400
1511+(v) Education and training;1401
1512+(vi) Employment history;1402
1513+(vii) Employment aspirations;1403
1514+(viii) The individual's current family or community responsibilities, or both;1404
1515+(ix) Whether a bond is required to practice the occupation;1405
1516+S. B. 157 (SUB)
1517+- 54 - 24 LC 36 5860S
1518+(x) Any affidavits or other written documents, including, but not limited to, character1406
1519+references; and1407
1520+(xi) Any other information regarding rehabilitation the individual submits to the1408
1521+board."1409
1522+SECTION 2-17.1410
1523+Said title is further amended by revising Code Section 43-34-284, relating to denial,1411
1524+suspension, and revocation of licenses of pain management clinics by the Composite Medical1412
1525+Board, as follows:1413
1526+"43-34-284.1414
1527+(a) In addition to the authority granted in Code Section 43-34-8, a license obtained1415
1528+pursuant to this article may be denied, suspended, or revoked by the board upon finding1416
1529+that the licensee or a physician practicing at a licensed pain management clinic has: 1417
1530+(1) Furnished false or fraudulent material information in any application filed under this1418
1531+chapter;1419
1532+(2) Been convicted of a crime under any state or federal law relating to any controlled1420
1533+substance;1421
1534+(3) Had his or her federal registration to prescribe, distribute, or dispense controlled1422
1535+substances suspended or revoked; or1423
1536+(4) Violated the provisions of this chapter, Chapter 13 of Title 16, or Chapter 4 of Title1424
1537+26.1425
1538+(b) In determining whether to deny, suspend, or revoke a license based upon a criminal1426
1539+conviction or adjudication, the board shall consider:1427
1540+(1) The nature and seriousness of the crime and the direct relationship of the criminal1428
1541+conduct to the duties and responsibilities of the physician practicing at a licensed pain1429
1542+management clinic;1430
1543+(2) The age of the individual at the time such crime was committed;1431
1544+S. B. 157 (SUB)
1545+- 55 - 24 LC 36 5860S
1546+(3) The length of time elapsed since such crime was committed;1432
1547+(4) All circumstances relative to such crime, including, but not limited to, mitigating1433
1548+circumstances or social conditions surrounding the commission of the offense; and1434
1549+(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1435
1550+for which the license is sought or held, including, but not limited to:1436
1551+(A) The completion of the criminal sentence;1437
1552+(B) A program treatment certificate issued by the Board of Corrections;1438
1553+(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1439
1554+program;1440
1555+(D) Testimonials and recommendations, which may include a progress report from the1441
1556+individual's probation or parole officer;1442
1557+(E) Education and training;1443
1558+(F) Employment history;1444
1559+(G) Employment aspirations;1445
1560+(H) The individual's current family or community responsibilities, or both;1446
1561+(I) Whether a bond is required to practice the occupation;1447
1562+(J) Any affidavits or other written documents, including, but not limited to, character1448
1563+references; and1449
1564+(K) Any other information regarding rehabilitation the individual submits to the board."1450
1565+SECTION 2-18.1451
1566+Said title is further amended in Code Section 43-39A-14, relating to grant of licenses for1452
1567+appraisers by the Real Estate Commission and Appraisers Board, grounds for suspension or1453
1568+revocation of license, other sanctions, surrender or lapse, and conviction, by revising1454
1569+subsection (b) as follows:1455
1570+S. B. 157 (SUB)
1571+- 56 - 24 LC 36 5860S
1572+"(b)(1) As used in this subsection, the term:1456
1573+(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of1457
1574+a felony or any crime involving moral turpitude covered misdemeanor, regardless of1458
1575+whether an appeal of the conviction has been brought; a sentencing to first offender1459
1576+treatment without an adjudication of guilt pursuant to a charge of a felony or any crime1460
1577+involving moral turpitude covered misdemeanor; or a plea of nolo contendere to a1461
1578+charge of a felony or any crime involving moral turpitude covered misdemeanor. The1462
1579+commission shall have the burden of justifying that it is substantially more likely than1463
1580+not that a criminal record supports an adverse licensing decision.1464
1581+(B) 'Felony' means any offense committed:1465
1582+(i) Within this state and deemed a felony under the laws of this state or under the1466
1583+laws of the United States; or1467
1584+(ii) In another state and deemed a felony under the laws of that state or the laws of1468
1585+the United States.1469
1586+(1.1) No person who has a directly related conviction shall be eligible to become an1470
1587+applicant for a license or an approval authorized by this chapter unless such person has1471
1588+successfully completed all terms and conditions of any sentence imposed for such1472
1589+conviction, provided that if such individual has multiple convictions, at least five years1473
1590+shall have passed since the individual satisfied all terms and conditions of any sentence1474
1591+imposed for the last conviction before making application for licensure or approval; and1475
1592+provided, further, that if such individual has a single conviction, at least two years shall1476
1593+have passed since the individual satisfied all terms and conditions of any sentence1477
1594+imposed for the last conviction before making application for licensure or approval.1478
1595+(1.2) The board shall recommend disciplinary action or denial of an application for a1479
1596+licensure or approval authorized by this chapter on the basis of a criminal conviction or1480
1597+adjudication only if the conviction or adjudication directly relates to the role of an1481
1598+S. B. 157 (SUB)
1599+- 57 - 24 LC 36 5860S
1600+appraiser. In determining if a criminal conviction or adjudication directly relates to the1482
1601+role of an appraiser, the board shall consider:1483
1602+(A) The nature and seriousness of the crime and the direct relationship of the criminal1484
1603+conduct to the duties and responsibilities of the appraiser;1485
1604+(B) The age of the individual at the time such crime was committed;1486
1605+(C) The length of time elapsed since such crime was committed;1487
1606+(D) All circumstances relative to such crime, including, but not limited to, mitigating1488
1607+circumstances or social conditions surrounding the commission of the offense; and1489
1608+(E) Evidence of rehabilitation and present fitness to perform the duties of the1490
1609+occupation for which the license is sought or held, including, but not limited to:1491
1610+(i) The completion of the criminal sentence;1492
1611+(ii) A program and treatment certificate issued by the Board of Corrections;1493
1612+(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1494
1613+treatment program;1495
1614+(iv) Testimonials and recommendations, which may include a progress report from1496
1615+the individual's probation or parole officer;1497
1616+(v) Education and training;1498
1617+(vi) Employment history;1499
1618+(vii) Employment aspirations;1500
1619+(viii) The individual's current family or community responsibilities, or both;1501
1620+(ix) Any affidavits or other written documents, including, but not limited to, character1502
1621+references; and1503
1622+(x) Any other information regarding rehabilitation the individual submits to the1504
1623+board.1505
1624+(F) In determining whether to terminate and revoke a license, the board shall not1506
1625+consider nor require an individual to disclose:1507
1626+S. B. 157 (SUB)
1627+- 58 - 24 LC 36 5860S
1628+(i) A deferred adjudication, discharged first offender treatment, completed diversion1508
1629+program, completed conditional discharge, or an arrest not followed by a conviction;1509
1630+(ii) A conviction for which no sentence of incarceration can be imposed;1510
1631+(iii) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1511
1632+pardoned, provided that the board may consider a plea for which an individual is1512
1633+currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1513
1634+state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; or1514
1635+(iv) A juvenile adjudication.1515
1636+(1.2)(1.3) A person who has a directly related conviction in a court of competent1516
1637+jurisdiction of this state or any other state shall be eligible to become an applicant for a1517
1638+licensure or an approval authorized by this chapter only if:1518
1639+(A) Such person has satisfied all terms and conditions of any conviction such person1519
1640+may have had before making application for licensure or approval, provided that if such1520
1641+individual has multiple convictions, at least five years shall have passed since the1521
1642+individual satisfied all terms and conditions of any sentence imposed for the last1522
1643+conviction before making application for licensure or approval; and provided, further,1523
1644+that if such individual has been convicted of a single felony or of a single crime of1524
1645+moral turpitude covered misdemeanor, at least two years shall have passed since the1525
1646+individual satisfied all terms and conditions of any sentence imposed for the last1526
1647+conviction before making application for licensure or approval;1527
1648+(B) No criminal charges for forgery, embezzlement, obtaining money under false1528
1649+pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation1529
1650+violation, or a crime involving moral turpitude covered misdemeanor are pending1530
1651+against the person; and1531
1652+(C) Such person presents to the commission satisfactory proof that the person now1532
1653+bears a good reputation for honesty, trustworthiness, integrity, and competence to1533
1654+S. B. 157 (SUB)
1655+- 59 - 24 LC 36 5860S
1656+transact the business of a licensee in such a manner as to safeguard the interest of the1534
1657+public."1535
1658+SECTION 2-19.1536
1659+Said title is further amended in Code Section 43-40-15, relating to grant of licenses for1537
1660+brokers and salespersons by the Real Estate Commission and Appraisers Board, grounds for1538
1661+suspension or revocation of license, other sanctions, surrender or lapse, and conviction, by1539
1662+revising subsection (b) as follows:1540
1663+"(b)(1) As used in this Code section, the term:1541
1664+(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of1542
1665+a felony or any crime involving moral turpitude covered misdemeanor, regardless of1543
1666+whether an appeal of the conviction has been brought; a sentencing to first offender1544
1667+treatment without an adjudication of guilt pursuant to a charge of a felony or any crime1545
1668+involving moral turpitude a covered misdemeanor; or a plea of nolo contendere to a1546
1669+charge of a felony or any crime involving moral turpitude covered misdemeanor. The1547
1670+commission shall have the burden of justifying that it is substantially more likely than1548
1671+not that a criminal record supports an adverse licensing decision.1549
1672+(B) 'Felony' means any offense committed:1550
1673+(i) Within this state and deemed a felony under the laws of this state or under the1551
1674+laws of the United States; or1552
1675+(ii) In another state and deemed a felony under the laws of that state or the laws of1553
1676+the United States.1554
1677+(1.1) No person who has a directly related conviction shall be eligible to become an1555
1678+applicant for a license or an approval authorized by this chapter unless such person has1556
1679+successfully completed all terms and conditions of any sentence imposed for such1557
1680+conviction, provided that if such individual has multiple convictions, at least five years1558
1681+shall have passed since the individual satisfied all terms and conditions of any sentence1559
1682+S. B. 157 (SUB)
1683+- 60 - 24 LC 36 5860S
1684+imposed for the last conviction before making application for licensure or approval; and1560
1685+provided, further, that if such individual has a single conviction, at least two years shall1561
1686+have passed since the individual satisfied all terms and conditions of any sentence1562
1687+imposed for the last conviction before making application for licensure or approval.1563
1688+(1.2) The commission shall recommend disciplinary action or denial of an application1564
1689+for a licensure or approval authorized by this chapter on the basis of a criminal conviction1565
1690+or adjudication only if the conviction or adjudication directly relates to the role of the1566
1691+license sought. In determining if a criminal conviction or adjudication directly relates to1567
1692+the role of a broker or real estate salesperson, the commission shall consider:1568
1693+(A) The nature and seriousness of the crime and the direct relationship of the criminal1569
1694+conduct to the duties and responsibilities of the licensee;1570
1695+(B) The age of the individual at the time such crime was committed;1571
1696+(C) The length of time elapsed since such crime was committed;1572
1697+(D) All circumstances relative to such crime, including, but not limited to, mitigating1573
1698+circumstances or social conditions surrounding the commission of the offense; and1574
1699+(E) Evidence of rehabilitation and present fitness to perform the duties of the1575
1700+occupation for which the license is sought or held, including, but not limited to:1576
1701+(i) The completion of the criminal sentence;1577
1702+(ii) A program and treatment certificate issued by the Board of Corrections;1578
1703+(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1579
1704+treatment program;1580
1705+(iv) Testimonials and recommendations, which may include a progress report from1581
1706+the individual's probation or parole officer;1582
1707+(v) Education and training;1583
1708+(vi) Employment history;1584
1709+(vii) Employment aspirations;1585
1710+(viii) The individual's current family or community responsibilities, or both;1586
1711+S. B. 157 (SUB)
1712+- 61 - 24 LC 36 5860S
1713+(ix) Any affidavits or other written documents, including, but not limited to, character1587
1714+references; and1588
1715+(x) Any other information regarding rehabilitation the individual submits to the1589
1716+commission.1590
1717+(F) In determining whether to terminate and revoke a license, the board shall not1591
1718+consider nor require an individual to disclose:1592
1719+(i) A deferred adjudication, discharged first offender treatment, completed diversion1593
1720+program, completed conditional discharge, or an arrest not followed by a conviction;1594
1721+(ii) A conviction for which no sentence of incarceration can be imposed;1595
1722+(iii) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1596
1723+pardoned, provided that the board may consider a plea for which an individual is1597
1724+currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1598
1725+state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; or1599
1726+(iv) A juvenile adjudication.1600
1727+(1.2)(1.3) A person who has a directly related conviction in a court of competent1601
1728+jurisdiction of this state or any other state shall be eligible to become an applicant for a1602
1729+licensure or an approval authorized by this chapter only if:1603
1730+(A) Such person has satisfied all terms and conditions of any conviction such person1604
1731+may have had before making application for licensure or approval, provided that if such1605
1732+individual has multiple convictions, at least five years shall have passed since the1606
1733+individual satisfied all terms and conditions of any sentence imposed for the last1607
1734+conviction before making application for licensure or approval; and provided, further,1608
1735+that if such individual has been convicted of a single felony or of a single crime of1609
1736+moral turpitude covered misdemeanor, at least two years shall have passed since the1610
1737+individual satisfied all terms and conditions of any sentence imposed for the last1611
1738+conviction before making application for licensure or approval;1612
1739+S. B. 157 (SUB)
1740+- 62 - 24 LC 36 5860S
1741+(B) No criminal charges for forgery, embezzlement, obtaining money under false1613
1742+pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation1614
1743+violation, or a crime involving moral turpitude covered misdemeanor are pending1615
1744+against the person; and1616
1745+(C) Such person presents to the commission satisfactory proof that the person now1617
1746+bears a good reputation for honesty, trustworthiness, integrity, and competence to1618
1747+transact the business of a licensee in such a manner as to safeguard the interest of the1619
1748+public."1620
1749+SECTION 2-20.1621
1750+Said title is further amended in Code Section 43-45-9, relating to examination for structural1622
1751+pest control operator certification by the Structural Pest Control Commission, by revising1623
1752+subsection (a) as follows:1624
1753+"(a)(1) All applicants for examination for certification as an operator must have a1625
1754+knowledge of the practical and scientific facts underlying the practice of structural pest1626
1755+control, control of wood-destroying organisms, and fumigation and the necessary1627
1756+knowledge and ability to recognize and control those hazardous conditions which may1628
1757+affect human life and health. The commission may refuse to examine anyone convicted1629
1758+of a crime involving moral turpitude directly related felony or directly related covered1630
1759+misdemeanor.1631
1760+(2) The commission shall refuse to examine an applicant on the basis of a criminal1632
1761+conviction or adjudication only if the conviction or adjudication directly relates to the1633
1762+role of an operator. In determining if a criminal conviction or adjudication directly1634
1763+relates to the role of a pest control operator, the commission shall consider:1635
1764+(A) The nature and seriousness of the crime and the direct relationship of the criminal1636
1765+conduct to the duties and responsibilities of the operator;1637
1766+(B) The age of the individual at the time such crime was committed;1638
1767+S. B. 157 (SUB)
1768+- 63 - 24 LC 36 5860S
1769+(C) The length of time elapsed since such crime was committed;1639
1770+(D) All circumstances relative to such crime, including, but not limited to, mitigating1640
1771+circumstances or social conditions surrounding the commission of the offense; and1641
1772+(E) Evidence of rehabilitation and present fitness to perform the duties of the1642
1773+occupation for which the certificate is sought or held, including, but not limited to:1643
1774+(i) The completion of the criminal sentence;1644
1775+(ii) A program and treatment certificate issued by the Board of Corrections;1645
1776+(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1646
1777+treatment program;1647
1778+(iv) Testimonials and recommendations, which may include a progress report from1648
1779+the individual's probation or parole officer;1649
1780+(v) Education and training;1650
1781+(vi) Employment history;1651
1782+(vii) Employment aspirations;1652
1783+(viii) The individual's current family or community responsibilities, or both;1653
1784+(ix) Whether a bond is required to practice the occupation;1654
1785+(x) Any affidavits or other written documents, including, but not limited to, character1655
1786+references; and1656
1787+(xi) Any other information regarding rehabilitation the individual submits to the1657
1788+commission.1658
1789+(3) In determining whether to refuse to examine an applicant, the commission shall not1659
1790+consider nor require an individual to disclose:1660
1791+(A) A deferred adjudication, discharged first offender treatment, completed diversion1661
1792+program, completed conditional discharge, or an arrest not followed by a conviction;1662
1793+(B) A conviction for which no sentence of incarceration can be imposed;1663
1794+(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1664
1795+pardoned, provided that the board may consider a plea for which an individual is1665
1796+S. B. 157 (SUB)
1797+- 64 - 24 LC 36 5860S
1798+currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1666
1799+state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1667
1800+(D) A juvenile adjudication;1668
1801+(E) A misdemeanor conviction older than five years, unless the offense of conviction1669
1802+is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1670
1803+(F) A conviction older than five years for which the individual was not incarcerated,1671
1804+or a conviction for which the individual's incarceration ended more than five years1672
1805+before the date of the commission's consideration, except for a felony conviction related1673
1806+to:1674
1807+(i) A criminal sexual act;1675
1808+(ii) Criminal fraud or embezzlement;1676
1809+(iii) Aggravated assault;1677
1810+(iv) Aggravated robbery;1678
1811+(v) Aggravated abuse, neglect, or endangerment of a child;1679
1812+(vi) Arson;1680
1813+(vii) Carjacking;1681
1814+(viii) Kidnapping; or1682
1815+(ix) Manslaughter, homicide, or murder.1683
1816+(4)(A) Notwithstanding any other provision of law, an individual with a criminal1684
1817+record may petition the commission at any time, including while incarcerated and1685
1818+before starting or completing any required professional qualifications for certification,1686
1819+for a predetermination as to whether the individual's criminal record will disqualify1687
1820+such individual from obtaining a certification as an operator.1688
1821+(B) The petition for predetermination shall include the individual's criminal record or1689
1822+authorize the commission to obtain the individual's criminal record. The petitioning1690
1823+individual need not disclose any offenses falling under paragraph (3) of this subsection. 1691
1824+S. B. 157 (SUB)
1825+- 65 - 24 LC 36 5860S
1826+The petition shall also include any information the petitioner chooses to submit1692
1827+concerning the circumstances of their record and their rehabilitation.1693
1828+(C) In considering predetermination petitions, the commission shall apply the direct1694
1829+relationship standard in paragraph (2) of this subsection and shall not consider any1695
1830+offenses falling under paragraph (3) of this subsection. The commission shall support1696
1831+any adverse predetermination by justifying that it is substantially more likely than not1697
1832+that a criminal record supports an adverse licensing decision.1698
1833+(D) A predetermination made under this subsection that a petitioner is eligible for a1699
1834+license shall be binding on the commission only if the petitioner applies for1700
1835+certification, fulfills all other requirements for operator certification, and the petitioner's1701
1836+submitted criminal record was correct and remains unchanged at the time of his or her1702
1837+application for certification.1703
1838+(E) If a petitioner's criminal record includes matters that may disqualify the petitioner1704
1839+from certification, the commission shall notify the petitioner of the potentially1705
1840+disqualifying convictions. The letter of concern shall advise the petitioner of their1706
1841+opportunity to submit additional evidence of rehabilitation and mitigation or for a1707
1842+hearing, or both.1708
1843+(F) The commission may predetermine that the petitioner's criminal record is likely1709
1844+grounds for denial of certification only after the commission has held a hearing on the1710
1845+petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia1711
1846+Administrative Procedure Act.' The hearing shall be held in person, by remote video,1712
1847+or by teleconference within 60 days of receipt of the predetermination petition. The1713
1848+individual shall have the opportunity to include character witnesses at the hearing,1714
1849+including but not limited to family members, friends, past or prospective employers,1715
1850+probation or parole officers, and rehabilitation counselors, who may offer their verbal1716
1851+or written support. The commission shall not make an adverse inference by a1717
1852+petitioner's decision to forgo a hearing or character witnesses. The commission shall1718
1853+S. B. 157 (SUB)
1854+- 66 - 24 LC 36 5860S
1855+issue a final decision within 60 days of complete submission of the issue for1719
1856+consideration or the hearing, whichever is later.1720
1857+(G) If the commission decides that a predetermination petitioner is ineligible for a1721
1858+license, the board shall notify the petitioner of the following:1722
1859+(i) The grounds and rationale for the predetermination, including any of the1723
1860+petitioner's specific convictions and the factors provided for in paragraph (3) of this1724
1861+subsection the commission deemed directly relevant;1725
1862+(ii) An explanation of the process and right to appeal the commission's1726
1863+predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative1727
1864+Procedure Act'; and1728
1865+(iii) Any actions the petitioner may take to remedy the disqualification. An1729
1866+individual who receives a predetermination of ineligibility may submit a revised1730
1867+petition reflecting completion of the remedial actions. The individual may submit a1731
1868+new petition to the commission not before one year following a final judgment on1732
1869+their initial petition or upon completing the remedial actions, whichever is earlier.1733
1870+(H) The denial of a predetermination petition because of the applicant's criminal record1734
1871+shall constitute a contested case as defined in Code Section 50-13-2. In an1735
1872+administrative hearing or civil action reviewing the denial of a predetermination1736
1873+petition, the commission shall have the burden of proving that the applicant's criminal1737
1874+record directly relates to the licensed occupation."1738
1875+PART III1739
1876+SECTION 3-1.1740
1877+Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by1741
1878+adding a new paragraph to Code Section 20-2-982.1, relating to definitions relative to1742
1879+professional standards of teachers and other school personnel, to read as follows:1743
1880+S. B. 157 (SUB)
1881+- 67 - 24 LC 36 5860S
1882+"(1.1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of1744
1883+whether an appeal of such finding, verdict, or plea has been sought."1745
1884+SECTION 3-2.1746
1885+Said title is further is amended by revising Code Section 20-2-984.3, relating to preliminary1747
1886+investigation of violations by the Professional Standards Commission, requirement for1748
1887+automatic investigation, and investigation of sexual offenses, as follows:1749
1888+"20-2-984.3.1750
1889+(a) Upon receipt of a written request from a local board, the state board, or one or more1751
1890+individual residents of this state, the commission shall be authorized to investigate:1752
1891+(1) Alleged violations by an educator of any law of this state pertaining to educators or1753
1892+the profession of education;1754
1893+(2) Alleged violations by an educator of the code of ethics of the commission;1755
1894+(3) Alleged violations by an educator of rules, regulations, or policies of the state board1756
1895+or the commission;1757
1896+(4) Complaints alleging a failure by an educator to meet or comply with standards of1758
1897+performance of the commission or the state board; or1759
1898+(5) Complaints alleging that an educator has been convicted of any directly related1760
1899+felony, of any crime involving moral turpitude directly related covered misdemeanor as1761
1900+defined in Code Section 43-1-1, of any other criminal offense involving the manufacture,1762
1901+distribution, trafficking, sale, or possession of a controlled substance or marijuana as1763
1902+provided for in Chapter 13 of Title 16, or of any other sexual offense as provided for in1764
1903+Code Sections 16-6-1 through 16-6-17 or Code Section 16-6-20, 16-6-22.2, or 16-12-1001765
1904+in the courts of this state or any other state, territory, or country or in the courts of the1766
1905+United States. As used in this paragraph, the term 'convicted' shall include a finding or1767
1906+verdict of guilty or a plea of nolo contendere, regardless of whether an appeal of the1768
1907+conviction has been sought; a situation where first offender treatment without1769
1908+S. B. 157 (SUB)
1909+- 68 - 24 LC 36 5860S
1910+adjudication of guilt pursuant to the charge was granted; and a situation where an1770
1911+adjudication of guilt or sentence was otherwise withheld or not entered on the charge or1771
1912+the charge was otherwise disposed of in a similar manner in any jurisdiction.1772
1913+(b) The commission shall decide whether to conduct a preliminary investigation pursuant1773
1914+to this Code section within 30 days of the request unless an extension is granted pursuant1774
1915+to the procedure outlined in subsection (b) of Code Section 20-2-984.5. The commission1775
1916+may appoint a committee of its membership with the power to transact and carry out the1776
1917+business and duties of the commission when deciding whether to conduct a preliminary1777
1918+investigation.1778
1919+(b.1) In investigating whether to deny, diminish, limit, suspend, revoke, refuse to renew,1779
1920+or otherwise withhold a certificate, the commission shall not consider nor require an1780
1921+educator to disclose:1781
1922+(1) A deferred adjudication, discharged first offender treatment, completed diversion1782
1923+program, completed conditional discharge, or an arrest not followed by a conviction;1783
1924+(2) A conviction for which no sentence of incarceration can be imposed;1784
1925+(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1785
1926+pardoned, provided that the board may consider a plea for which an individual is1786
1927+currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's1787
1928+first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1788
1929+(4) A juvenile adjudication;1789
1930+(5) A misdemeanor conviction older than five years, unless the offense of conviction is1790
1931+listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1791
1932+(6) A conviction older than five years for which the individual was not incarcerated, or1792
1933+a conviction for which the individual's incarceration ended more than five years before1793
1934+the date of the commission's consideration, except for a felony conviction related to:1794
1935+(A) A criminal sexual act;1795
1936+(B) Criminal fraud or embezzlement;1796
1937+S. B. 157 (SUB)
1938+- 69 - 24 LC 36 5860S
1939+(C) Aggravated assault;1797
1940+(D) Aggravated robbery;1798
1941+(E) Aggravated abuse, neglect, or endangerment of a child;1799
1942+(F) Arson;1800
1943+(G) Carjacking;1801
1944+(H) Kidnapping; or1802
1945+(I) Manslaughter, homicide, or murder.1803
1946+(c) When an educator admits on a Professional Standards Commission application to1804
1947+having resigned or being discharged for committing a felony or misdemeanor involving1805
1948+moral turpitude covered misdemeanor as defined in Code Section 43-1-1 or being under1806
1949+investigation by law enforcement authorities for such conduct or for committing a breach1807
1950+of the code of ethics or for a violation of state education laws or having a criminal history1808
1951+record or having had a surrender, denial, revocation, or suspension of a certificate or being1809
1952+the subject of an investigation or adverse action regarding a certificate, an investigation1810
1953+will automatically open without notification to the commission and with written1811
1954+notification to the educator.1812
1955+(c.1) Notwithstanding subsection (c) of this Code section, the commission shall not1813
1956+consider nor require an educator to disclose on a Professional Standards Commission1814
1957+application:1815
1958+(1) A deferred adjudication, discharged first offender treatment, completed diversion1816
1959+program, completed conditional discharge, or an arrest not followed by a conviction;1817
1960+(2) A conviction for which no sentence of incarceration can be imposed;1818
1961+(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1819
1962+pardoned, provided that the board may consider a plea for which an individual is1820
1963+currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's1821
1964+first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1822
1965+(4) A juvenile adjudication;1823
1966+S. B. 157 (SUB)
1967+- 70 - 24 LC 36 5860S
1968+(5) A misdemeanor conviction older than five years, unless the offense of conviction is1824
1969+listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1825
1970+(6) A conviction older than five years for which the individual was not incarcerated, or1826
1971+a conviction for which the individual's incarceration ended more than five years before1827
1972+the date of the commission's consideration, except for a felony conviction related to:1828
1973+(A) A criminal sexual act;1829
1974+(B) Criminal fraud or embezzlement;1830
1975+(C) Aggravated assault;1831
1976+(D) Aggravated robbery;1832
1977+(E) Aggravated abuse, neglect, or endangerment of a child;1833
1978+(F) Arson;1834
1979+(G) Carjacking;1835
1980+(H) Kidnapping; or1836
1981+(I) Manslaughter, homicide, or murder.1837
1982+(d) Notwithstanding the requirements of this Code section, the staff of the commission1838
1983+shall be authorized, without notification to the commission, to immediately open an1839
1984+investigation submitted to the commission by a local school superintendent, with approval1840
1985+of the local board of education, of a complaint by a student against an educator alleging a1841
1986+sexual offense, as provided for in Code Sections 16-6-1 through 16-6-17 or Code Section1842
1987+16-6-20, 16-6-22.2, or 16-12-100.1843
1988+(e)(1) Notwithstanding any other provision of law, an individual with a criminal record1844
1989+may petition the commission at any time, including while incarcerated and before starting1845
1990+or completing any required professional qualifications for certification, for a1846
1991+predetermination as to whether the individual's criminal record will disqualify him or her1847
1992+from obtaining a certificate.1848
1993+(2) The petition for predetermination shall include the individual's criminal record or1849
1994+authorize the board to obtain the individual's criminal record. The petitioning individual1850
1995+S. B. 157 (SUB)
1996+- 71 - 24 LC 36 5860S
1997+need not disclose any offenses falling under subsection (c.1) of this Code section. The1851
1998+petition shall also include any information the petitioner chooses to submit concerning1852
1999+the circumstances of their record and their rehabilitation.1853
2000+(3) In considering predetermination petitions, the commission shall apply the direct1854
2001+relationship standard in subsection (a.1) of Code Section 20-2-984.5 and shall not1855
2002+consider any offenses falling under subsection (c.1) of this Code section. The1856
2003+commission shall support any adverse predetermination by justifying that it is1857
2004+substantially more likely than not that a criminal record supports an adverse licensing1858
2005+decision.1859
2006+(4) A predetermination made under this subsection that a petitioner is eligible for a1860
2007+certificate shall be binding on the commission only if the petitioner applies for1861
2008+certification, fulfills all other requirements for the certificate, and the petitioner's1862
2009+submitted criminal record was correct and remains unchanged at the time of his or her1863
2010+application for a certificate.1864
2011+(5) If a petitioner's criminal record includes matters that may disqualify the petitioner1865
2012+from certification, the commission shall notify the petitioner of the potentially1866
2013+disqualifying convictions. The letter of concern shall advise the petitioner of their1867
2014+opportunity to submit additional evidence of rehabilitation and mitigation or for a1868
2015+hearing, or both.1869
2016+(6) The commission may predetermine that the petitioner's criminal record is likely1870
2017+grounds for denial of a license only after the commission has held a hearing on the1871
2018+petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia1872
2019+Administrative Procedure Act.' The hearing shall be held in person, by remote video, or1873
2020+by teleconference within 60 days of receipt of the predetermination petition. The1874
2021+individual shall have the opportunity to include character witnesses at the hearing,1875
2022+including but not limited to family members, friends, past or prospective employers,1876
2023+probation or parole officers, and rehabilitation counselors, who may offer their verbal or1877
2024+S. B. 157 (SUB)
2025+- 72 - 24 LC 36 5860S
2026+written support. The commission shall not make an adverse inference by a petitioner's1878
2027+decision to forgo a hearing or character witnesses. The commission shall issue a final1879
2028+decision within 60 days of complete submission of the issue for consideration or the1880
2029+hearing, whichever is later.1881
2030+(7) If the commission decides that a predetermination petitioner is ineligible for a1882
2031+certificate, the board shall notify the petitioner of the following:1883
2032+(A) The grounds and rationale for the predetermination, including any specific1884
2033+convictions and the factors in subsection (a.1) of Code Section 20-2-984.5 the1885
2034+commission deemed directly relevant;1886
2035+(B) An explanation of the process and right to appeal the commission's1887
2036+predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative1888
2037+Procedure Act'; and1889
2038+(C) Any actions the petitioner may take to remedy the disqualification. An individual1890
2039+who receives a predetermination of ineligibility may submit a revised petition reflecting1891
2040+completion of the remedial actions. The individual may submit a new petition to the1892
2041+commission not before one year following a final judgment on their initial petition or1893
2042+upon completing the remedial actions, whichever is earlier.1894
2043+(8) The denial of a predetermination petition because of the applicant's criminal record1895
2044+shall constitute a contested case as defined in Code Section 50-13-2. In an administrative1896
2045+hearing or civil action reviewing the denial of a predetermination petition, the1897
2046+commission shall have the burden of proving that the applicant's criminal record directly1898
2047+relates to the licensed occupation."1899
2048+SECTION 3-3.1900
2049+Said title is further amended in Code Section 20-2-984.5, relating to preliminary1901
2050+investigations of educators, disciplinary actions, and hearings by the Professional Standards1902
2051+Commission, by adding two new subsections to read as follows:1903
2052+S. B. 157 (SUB)
2053+- 73 - 24 LC 36 5860S
2054+"(a.1) The commission shall recommend disciplinary action on the basis of a criminal1904
2055+conviction only if the conviction or adjudication directly relates to the role of an educator. 1905
2056+In determining if a criminal conviction directly relates to the role of an educator, the1906
2057+commission shall consider:1907
2058+(1) The nature and seriousness of the crime and the direct relationship of the criminal1908
2059+conduct to the duties and responsibilities of the educator;1909
2060+(2) The age of the individual at the time such crime was committed;1910
2061+(3) The length of time elapsed since such crime was committed;1911
2062+(4) All circumstances relative to such crime, including, but not limited to, mitigating1912
2063+circumstances or social conditions surrounding the commission of the offense; and1913
2064+(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1914
2065+for which the certificate is sought or held, including, but not limited to:1915
2066+(A) The completion of the criminal sentence;1916
2067+(B) A program and treatment certificate issued by the Board of Corrections;1917
2068+(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1918
2069+program;1919
2070+(D) Testimonials and recommendations, which may include a progress report from the1920
2071+individual's probation or parole officer;1921
2072+(E) Education and training;1922
2073+(F) Employment history;1923
2074+(G) Employment aspirations;1924
2075+(H) The individual's current family or community responsibilities, or both;1925
2076+(I) Whether a bond is required to practice the occupation;1926
2077+(J) Any affidavits or other written documents, including, but not limited to, character1927
2078+references; and1928
2079+(K) Any other information regarding rehabilitation the individual submits to the1929
2080+commission.1930
2081+S. B. 157 (SUB)
2082+- 74 - 24 LC 36 5860S
2083+(a.2) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew,1931
2084+or otherwise withhold a license, the commission or investigator shall not consider nor1932
2085+require an individual to disclose:1933
2086+(1) A deferred adjudication, discharged first offender treatment, completed diversion1934
2087+program, completed conditional discharge, or an arrest not followed by a conviction;1935
2088+(2) A conviction for which no sentence of incarceration can be imposed;1936
2089+(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1937
2090+pardoned, provided that the board may consider a plea for which an individual is1938
2091+currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's1939
2092+first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1940
2093+(4) A juvenile adjudication;1941
2094+(5) A misdemeanor conviction older than five years, unless the offense of conviction is1942
2095+listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1943
2096+(6) A conviction older than five years for which the individual was not incarcerated, or1944
2097+a conviction for which the individual's incarceration ended more than five years before1945
2098+the date of the commission's consideration, except for a felony conviction related to:1946
2099+(A) A criminal sexual act;1947
2100+(B) Criminal fraud or embezzlement;1948
2101+(C) Aggravated assault;1949
2102+(D) Aggravated robbery;1950
2103+(E) Aggravated abuse, neglect, or endangerment of a child;1951
2104+(F) Arson;1952
2105+(G) Carjacking;1953
2106+(H) Kidnapping; or1954
2107+(I) Manslaughter, homicide, or murder."1955
2108+S. B. 157 (SUB)
2109+- 75 - 24 LC 36 5860S
2110+PART IV1956
2111+SECTION 4-1.1957
2112+Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics,1958
2113+is amended by revising subsection (a) of Code Section 26-4-41, relating to qualifications for1959
2114+pharmacist licenses, examination, and internships and other training programs, as follows:1960
2115+"(a) Qualifications. To obtain a license to engage in the practice of pharmacy, an1961
2116+applicant for licensure by examination shall:1962
2117+(1) Have submitted an application in the form prescribed by the board;1963
2118+(2) Have attained the age of majority;1964
2119+(3) Be of good moral character;1965
2120+(4)(3) Have graduated and received a professional undergraduate degree from a college1966
2121+or school of pharmacy as the same may be approved by the board; provided, however,1967
2122+that, since it would be impractical for the board to evaluate a school or college of1968
2123+pharmacy located in another country, the board may accept a graduate from such a school1969
2124+or college so long as the graduate has completed all requirements of the Foreign1970
2125+Pharmacy Equivalency Certification Program administered by the National Association1971
2126+of Boards of Pharmacy. This shall include successful completion of all required1972
2127+examinations and the issuance of the equivalency certificate and be based upon an1973
2128+individual evaluation by the board of the applicant's educational experience, professional1974
2129+background, and proficiency in the English language;1975
2130+(5)(4) Have completed an internship or other program that has been approved by the1976
2131+board or demonstrated to the board's satisfaction that experience in the practice of1977
2132+pharmacy which meets or exceeds the minimum internship requirements of the board;1978
2133+(6)(5) Have successfully passed an examination or examinations approved by the board;1979
2134+and1980
2135+S. B. 157 (SUB)
2136+- 76 - 24 LC 36 5860S
2137+(7)(6) Have paid the fees specified by the board for the examination and any related1981
2138+materials and have paid for the issuance of the license."1982
2139+SECTION 4-2.1983
2140+Said title is further amended in Code Section 26-4-60, relating to grounds for suspension,1984
2141+revocation or refusal to grant pharmacist licenses, by revising paragraph (3) of subsection (a)1985
2142+as follows:1986
2143+"(3) Except as prohibited in Code Section 26-4-60.1, for being Being:1987
2144+(A) Convicted of a felony;1988
2145+(B) Convicted of any crime involving moral turpitude covered misdemeanor, as1989
2146+defined in Code Section 43-1-1, in this state or any other state, territory, or country or1990
2147+in the courts of the United States; or1991
2148+(C) Convicted or guilty of violations of the pharmacy or drug laws of this state, or rules1992
2149+and regulations pertaining thereto, or of laws, rules, and regulations of any other state,1993
2150+or of the federal government;"1994
2151+SECTION 4-3.1995
2152+Said title is further amended by adding two new Code sections to read as follows:1996
2153+"26-4-60.1.1997
2154+(a) Notwithstanding paragraph (3) of subsection (a) of Code Section 26-4-60, the board1998
2155+of pharmacy shall refuse to grant a license to an individual or shall revoke a license only1999
2156+if a conviction directly relates to the occupation for which the license is sought or held and2000
2157+granting the license would pose a direct and substantial risk to public safety because the2001
2158+individual has not been rehabilitated to safely perform the duties and responsibilities of the2002
2159+practice of pharmacy. In determining if a conviction directly relates to the occupation for2003
2160+which the license is sought or held, the board of pharmacy shall consider:2004
2161+S. B. 157 (SUB)
2162+- 77 - 24 LC 36 5860S
2163+(1) The nature and seriousness of the offense and the direct relationship of the criminal2005
2164+conduct to the duties and responsibilities of the occupation for which the license is sought2006
2165+or held;2007
2166+(2) The age of the individual at the time the offense was committed;2008
2167+(3) The length of time elapsed since the offense was committed;2009
2168+(4) All circumstances relative to the offense, including, but not limited to, mitigating2010
2169+circumstances or social conditions surrounding the commission of the offense; and2011
2170+(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2012
2171+for which the license is sought or held, including, but not limited to:2013
2172+(A) The completion of the criminal sentence;2014
2173+(B) A program and treatment certificate issued by the Board of Corrections;2015
2174+(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2016
2175+program;2017
2176+(D) Testimonials and recommendations, which may include a progress report from the2018
2177+individual's probation or parole officer;2019
2178+(E) Education and training;2020
2179+(F) Employment history;2021
2180+(G) Employment aspirations;2022
2181+(H) The individual's current family or community responsibilities, or both;2023
2182+(I) Whether a bond is required to practice the occupation;2024
2183+(J) Any affidavits or other written documents, including, but not limited to, character2025
2184+references; and2026
2185+(K) Any other information regarding rehabilitation the individual submits to the board.2027
2186+(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or2028
2187+otherwise withhold a license, the board of pharmacy shall not consider nor require an2029
2188+individual to disclose:2030
2189+S. B. 157 (SUB)
2190+- 78 - 24 LC 36 5860S
2191+(1) A deferred adjudication, discharged first offender treatment, completed diversion2031
2192+program, completed conditional discharge, or an arrest not followed by a conviction;2032
2193+(2) A conviction for which no sentence of incarceration can be imposed;2033
2194+(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or2034
2195+pardoned, provided that the board may consider a plea for which an individual is2035
2196+currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's2036
2197+first offender laws, or subsection (a) or (c) of Code Section 16-13-2;2037
2198+(4) A juvenile adjudication;2038
2199+(5) A misdemeanor conviction older than five years, unless the offense of conviction is2039
2200+listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or2040
2201+(6) A conviction older than five years for which the individual was not incarcerated, or2041
2202+a conviction for which the individual's incarceration ended more than five years before2042
2203+the date of the board's consideration, except for a felony conviction related to:2043
2204+(A) A criminal sexual act;2044
2205+(B) Criminal fraud or embezzlement;2045
2206+(C) Aggravated assault;2046
2207+(D) Aggravated robbery;2047
2208+(E) Aggravated abuse, neglect, or endangerment of a child;2048
2209+(F) Arson;2049
2210+(G) Carjacking;2050
2211+(H) Kidnapping;2051
2212+(I) Manslaughter, homicide, or murder; or2052
2213+(J) Distribution, manufacturing, or possession of a controlled substance.2053
2214+26-4-60.2.2054
2215+(a) Notwithstanding any other provision of law, an individual with a criminal record may2055
2216+petition the board of pharmacy at any time, including while incarcerated and before starting2056
2217+S. B. 157 (SUB)
2218+- 79 - 24 LC 36 5860S
2219+or completing any required professional qualifications for licensure, for a predetermination2057
2220+as to whether the individual's criminal record will disqualify him or her from obtaining a2058
2221+license.2059
2222+(b) The petition for predetermination shall include the individual's criminal record or2060
2223+authorize the board to obtain the individual's criminal record. The petitioning individual2061
2224+need not disclose any offenses falling under subsection (b) of Code Section 20-4-60.1. The2062
2225+petition shall also include any information the petitioner chooses to submit concerning the2063
2226+circumstances of their record and their rehabilitation.2064
2227+(c) In considering predetermination petitions, the board shall apply the direct relationship2065
2228+standard in subsection (a) of Code Section 26-4-60.1 and shall not consider any offenses2066
2229+falling under subsection (b) of Code Section 26-4-60.1. The board shall support any2067
2230+adverse predetermination by justifying that it is substantially more likely than not that a2068
2231+criminal record supports an adverse licensing decision.2069
2232+(d) A predetermination made under this subsection that a petitioner is eligible for a license2070
2233+shall be binding on the board only if the petitioner applies for licensure, fulfills all other2071
2234+requirements for the licensure, and the petitioner's submitted criminal record was correct2072
2235+and remains unchanged at the time of his or her application for a license.2073
2236+(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2074
2237+licensure, the board shall notify the petitioner of the potentially disqualifying convictions. 2075
2238+The letter of concern shall advise the petitioner of their opportunity to submit additional2076
2239+evidence of rehabilitation and mitigation or for a hearing, or both.2077
2240+(f) The board may predetermine that the petitioner's criminal record is likely grounds for2078
2241+denial of a license only after the board has held a hearing on the petitioner's eligibility in2079
2242+accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The2080
2243+hearing shall be held in person, by remote video, or by teleconference within 60 days of2081
2244+receipt of the predetermination petition. The individual shall have the opportunity to2082
2245+include character witnesses at the hearing, including but not limited to family members,2083
2246+S. B. 157 (SUB)
2247+- 80 - 24 LC 36 5860S
2248+friends, past or prospective employers, probation or parole officers, and rehabilitation2084
2249+counselors, who may offer their verbal or written support. The board shall not make an2085
2250+adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The2086
2251+board shall issue a final decision within 60 days of complete submission of the issue for2087
2252+consideration or the hearing, whichever is later.2088
2253+(g) If the board decides that a predetermination petitioner is ineligible for a license, the2089
2254+board shall notify the petitioner of the following:2090
2255+(1) The grounds and rationale for the predetermination, including the specific2091
2256+convictions and the factors in paragraph (1) of subsection (a) of this Code section the2092
2257+board deemed directly relevant;2093
2258+(2) An explanation of the process and right to appeal the board's predetermination2094
2259+decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and2095
2260+(3) Any actions the petitioner may take to remedy the disqualification. An individual2096
2261+who receives a predetermination of ineligibility may submit a revised petition reflecting2097
2262+completion of the remedial actions. The individual may submit a new petition to the2098
2263+board not before one year following a final judgment on their initial petition or upon2099
2264+completing the remedial actions, whichever is earlier.2100
2265+(h) The denial of a predetermination petition because of the applicant's criminal record2101
2266+shall constitute a contested case as defined in Code Section 50-13-2. In an administrative2102
2267+hearing or civil action reviewing the denial of a predetermination petition, the board shall2103
2268+have the burden of proving that the applicant's criminal record directly relates to the2104
2269+licensed occupation."2105
2270+S. B. 157 (SUB)
2271+- 81 - 24 LC 36 5860S
2272+PART V2106
2273+SECTION 5-1.2107
2274+Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code2108
2275+Section 31-7-351, relating to definitions relative to the Georgia long-term care background2109
2276+check program, by revising paragraph (5) as follows:2110
2277+"(5)(A) 'Criminal record' means any of the following:2111
2278+(i) Conviction of a crime;2112
2279+(ii) Arrest, charge, and sentencing for a crime when:2113
2280+(I) A plea of nolo contendere was entered to the crime;2114
2281+(II) First offender treatment without adjudication of guilt was granted to the crime;2115
2282+or2116
2283+(III) Adjudication or sentence was otherwise withheld or not entered for the crime;2117
2284+or2118
2285+(iii) Arrest and charges for a crime if the charge is pending, unless the time for2119
2286+prosecuting such crime has expired pursuant to Chapter 3 of Title 17.2120
2287+(B) Such term shall not include an owner, applicant, or employee for which at least ten2121
2288+years have elapsed from the date of his or her criminal background check since the2122
2289+completion of all of the terms of his or her sentence dates of conviction or adjudication;2123
2290+such term also shall not include an owner, applicant, or employee who has received a2124
2291+general pardon from the State Board of Pardons and Paroles for the convictions;2125
2292+provided, however, that such ten-year period exemption or and pardon exemption shall2126
2293+never apply to any crime identified in subsection (j) of Code Section 42-8-60."2127
2294+S. B. 157 (SUB)
2295+- 82 - 24 LC 36 5860S
2296+PART VI2128
2297+SECTION 6-1.2129
2298+Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code2130
2299+Section 33-23-21, relating to grounds for refusal, suspension, or revocation of insurance2131
2300+agent licenses, by revising paragraphs (15) and (16) as follows:2132
2301+"(15) Except as otherwise provided in Code Section 33-23-21.2, has Has been convicted2133
2302+of any felony or of any crime involving moral turpitude covered misdemeanor as defined2134
2303+in Code Section 43-1-1 in the courts of this state or any other state, territory, or country2135
2304+or in the courts of the United States; as used in this paragraph and paragraph (16) of this2136
2305+subsection, the term 'felony' shall include any offense which, if committed in this state,2137
2306+would be deemed a felony, without regard to its designation elsewhere; and, as used in2138
2307+this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea2139
2308+of guilty, regardless of whether an appeal of the conviction has been sought;2140
2309+(16) Except as otherwise provided in Code Section 33-23-21.2, has Has been arrested,2141
2310+charged, and sentenced for the commission of any directly related felony, or any crime2142
2311+involving moral turpitude directly related covered misdemeanor as defined in Code2143
2312+Section 43-1-1, where:2144
2313+(A) First offender treatment without adjudication of guilt pursuant to the charge was2145
2314+granted; or2146
2315+(B) An adjudication of guilt or sentence was otherwise withheld or not entered on the2147
2316+charge.2148
2317+The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating2149
2318+to probation of first offenders, or other first offender treatment shall be conclusive2150
2319+evidence of arrest and sentencing for such crime;"2151
2320+S. B. 157 (SUB)
2321+- 83 - 24 LC 36 5860S
2322+SECTION 6-2.2152
2323+Said title is further amended by adding two new Code sections to read as follows:2153
2324+"33-23-21.2.2154
2325+Notwithstanding Code Section 33-23-21, the Commissioner shall refuse to grant a license2155
2326+to an individual or shall revoke a license only if a conviction directly relates to the2156
2327+occupation for which the license is sought or held and granting the license would pose a2157
2328+direct and substantial risk to public safety because the individual has not been rehabilitated2158
2329+to safely perform the duties and responsibilities of a licensee. In determining if a2159
2330+conviction directly relates to the occupation for which the license is sought or held, the2160
2331+Commissioner shall consider:2161
2332+(1) The nature and seriousness of the offense and the direct relationship of the criminal2162
2333+conduct to the duties and responsibilities of the occupation for which the license is sought2163
2334+or held;2164
2335+(2) The age of the individual at the time the offense was committed;2165
2336+(3) The length of time elapsed since the offense was committed;2166
2337+(4) All circumstances relative to the offense, including, but not limited to, mitigating2167
2338+circumstances or social conditions surrounding the commission of the offense; and2168
2339+(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2169
2340+for which the license is sought or held, including, but not limited to:2170
2341+(A) The completion of the criminal sentence;2171
2342+(B) A program and treatment certificate issued by the Board of Corrections;2172
2343+(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2173
2344+program;2174
2345+(D) Testimonials and recommendations, which may include a progress report from the2175
2346+individual's probation or parole officer;2176
2347+(E) Education and training;2177
2348+(F) Employment history;2178
2349+S. B. 157 (SUB)
2350+- 84 - 24 LC 36 5860S
2351+(G) Employment aspirations;2179
2352+(H) The individual's current family or community responsibilities, or both;2180
2353+(I) Whether a bond is required to practice the occupation;2181
2354+(J) Any affidavits or other written documents, including, but not limited to, character2182
2355+references; and2183
2356+(K) Any other information regarding rehabilitation the individual submits to the2184
2357+Commissioner.2185
2358+33-23-21.3.2186
2359+(a) Notwithstanding any other provision of law, an individual with a criminal record may2187
2360+petition the Commissioner at any time, including while incarcerated and before starting or2188
2361+completing any required professional qualifications for licensure, for a predetermination2189
2362+as to whether the individual's criminal record will disqualify him or her from obtaining a2190
2363+license.2191
2364+(b) The petition for predetermination shall include the individual's criminal record or2192
2365+authorize the Commissioner to obtain the individual's criminal record. The petition shall2193
2366+also include information submitted by the petitioner concerning the circumstances of their2194
2367+record and their rehabilitation.2195
2368+(c) In considering predetermination petitions, the Commissioner shall apply the direct2196
2369+relationship standard in Code Section 33-23-21.2.2197
2370+(d) A predetermination made under this subsection that a petitioner is eligible for a license2198
2371+shall be binding on the Commissioner only if the petitioner applies for licensure, fulfills2199
2372+all other requirements for the licensure, and the petitioner's submitted criminal record was2200
2373+correct and remains unchanged at the time of his or her application for a license.2201
2374+(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2202
2375+licensure, the Commissioner shall provide notice and opportunity for a hearing in2203
2376+accordance with Chapter 2 of this title.2204
2377+S. B. 157 (SUB)
2378+- 85 - 24 LC 36 5860S
2379+(f) If, after notice and the opportunity for a hearing, the Commissioner decides that a2205
2380+predetermination petitioner is ineligible for a license, the Commissioner shall notify the2206
2381+petitioner of the following:2207
2382+(1) The grounds and rationale for the predetermination, including the factors in Code2208
2383+Section 33-23-21.2 the Commissioner deemed directly relevant;2209
2384+(2) An explanation of the process and right to appeal the Commissioner's2210
2385+predetermination decision; and2211
2386+(3) Any actions the petitioner may take to remedy the disqualification. An individual2212
2387+who receives a predetermination of ineligibility may submit a revised petition reflecting2213
2388+completion of the remedial actions. The individual may submit a new petition to the2214
2389+Commissioner not before one year following a final judgment on their initial petition or2215
2390+upon completing the remedial actions, whichever is earlier."2216
2391+SECTION 6-3.2217
2392+Said title is further amended by adding two new Code sections to read as follows:2218
2393+"33-23-43.11.2219
2394+Notwithstanding Code Section 33-23-43.10, the Commissioner shall refuse to grant a2220
2395+license to an individual or shall revoke a license only if a conviction directly relates to the2221
2396+occupation for which the license is sought or held and granting the license would pose a2222
2397+direct and substantial risk to public safety because the individual has not been rehabilitated2223
2398+to safely perform the duties and responsibilities of a licensee. In determining if a2224
2399+conviction directly relates to the occupation for which the license is sought or held, the2225
2400+Commissioner shall consider:2226
2401+(1) The nature and seriousness of the offense and the direct relationship of the criminal2227
2402+conduct to the duties and responsibilities of the occupation for which the license is sought2228
2403+or held;2229
2404+(2) The age of the individual at the time the offense was committed;2230
2405+S. B. 157 (SUB)
2406+- 86 - 24 LC 36 5860S
2407+(3) The length of time elapsed since the offense was committed;2231
2408+(4) All circumstances relative to the offense, including, but not limited to, mitigating2232
2409+circumstances or social conditions surrounding the commission of the offense; and2233
2410+(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2234
2411+for which the license is sought or held, including, but not limited to:2235
2412+(A) The completion of the criminal sentence;2236
2413+(B) A program and treatment certificate issued by the Board of Corrections;2237
2414+(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2238
2415+program;2239
2416+(D) Testimonials and recommendations, which may include a progress report from the2240
2417+individual's probation or parole officer;2241
2418+(E) Education and training;2242
2419+(F) Employment history;2243
2420+(G) Employment aspirations;2244
2421+(H) The individual's current family or community responsibilities, or both;2245
2422+(I) Whether a bond is required to practice the occupation;2246
2423+(J) Any affidavits or other written documents, including, but not limited to, character2247
2424+references; and2248
2425+(K) Any other information regarding rehabilitation the individual submits to the2249
2426+Commissioner.2250
2427+33-23-43.12.2251
2428+(a) Notwithstanding any other provision of law, an individual with a criminal record may2252
2429+petition the Commissioner at any time, including while incarcerated and before starting or2253
2430+completing any required professional qualifications for licensure, for a predetermination2254
2431+as to whether the individual's criminal record will disqualify him or her from obtaining a2255
2432+public adjuster's license.2256
2433+S. B. 157 (SUB)
2434+- 87 - 24 LC 36 5860S
2435+(b) The petition for predetermination shall include the individual's criminal record or2257
2436+authorize the Commissioner to obtain the individual's criminal record. The petition shall2258
2437+also include information submitted by the petitioner concerning the circumstances of their2259
2438+record and their rehabilitation.2260
2439+(c) In considering predetermination petitions, the Commissioner shall apply the direct2261
2440+relationship standard in Code Section 33-23-43.11.2262
2441+(d) A predetermination made under this subsection that a petitioner is eligible for a license2263
2442+shall be binding on the Commissioner only if the petitioner applies for licensure, fulfills2264
2443+all other requirements for the licensure, and the petitioner's submitted criminal record was2265
2444+correct and remains unchanged at the time of his or her application for a license.2266
2445+(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2267
2446+licensure, the Commissioner shall provide notice and opportunity for a hearing in2268
2447+accordance with Chapter 2 of this title.2269
2448+(f) If, after notice and the opportunity for a hearing, the Commissioner decides that a2270
2449+predetermination petitioner is ineligible for a license, the Commissioner shall notify the2271
2450+petitioner of the following:2272
2451+(1) The grounds and rationale for the predetermination, including the specific2273
2452+convictions and the factors in Code Section 33-23-43.11 the Commissioner deemed2274
2453+directly relevant;2275
2454+(2) An explanation of the process and right to appeal the Commissioner's2276
2455+predetermination decision; and2277
2456+(3) Any actions the petitioner may take to remedy the disqualification. An individual2278
2457+who receives a predetermination of ineligibility may submit a revised petition reflecting2279
2458+completion of the remedial actions. The individual may submit a new petition to the2280
2459+Commissioner not before one year following a final judgment on their initial petition or2281
2460+upon completing the remedial actions, whichever is earlier."2282
2461+S. B. 157 (SUB)
2462+- 88 - 24 LC 36 5860S
2463+PART VII2283
2464+SECTION 7-1.2284
2465+Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter2285
2466+standards and training is amended by adding a new subsection to Code Section 25-4-8,2286
2467+relating to qualifications of firefighters generally, to read as follows:2287
2468+"(d) A person who pleaded guilty to a felony offense under the 'Georgia First Offender Act'2288
2469+and successfully completed the terms of his or her sentence pursuant to Article 3 of Chapter2289
2470+8 of Title 42 may, at the council's discretion, be certified and employed as a firefighter if2290
2471+such person otherwise meets the qualifications set forth in this Code section. Such person2291
2472+shall provide information on the circumstances underlying the plea of guilty, as requested2292
2473+by the council, to enable the council to make an informed decision on such individual's2293
2474+qualification status."2294
2475+PART VIII2295
2476+SECTION 8-1.2296
2477+Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to2297
2478+Georgia Crime Information Center, is amended in Code Section 35-3-37, relating to review2298
2479+of individual's criminal history record information, definitions, privacy considerations,2299
2480+written application requesting review, and inspection, by revising divisions (j)(4)(B)(xvi),2300
2481+(j)(4)(B)(xvii), and (j)(4)(B)(xviii), subparagraph (j)(4)(C), paragraph (7) of subsection (j),2301
2482+and subsections (m) and (v) as follows:2302
2483+"(xvi) Any offense related to minors generally in violation of Part 2 of Article 3 of2303
2484+Chapter 12 of Title 16; or2304
2485+S. B. 157 (SUB)
2486+- 89 - 24 LC 36 5860S
2487+(xvii) Theft in violation of Chapter 8 of Title 16; provided, however, that such2305
2488+prohibition shall not apply to a misdemeanor conviction of shoplifting or refund fraud2306
2489+in violation of Code Section 16-8-14 or 16-8-14.1, as applicable; or2307
2490+(xviii) Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40.2308
2491+(C) An individual shall be limited to filing a petition under this paragraph to a lifetime2309
2492+maximum of requesting record restriction on two convictions for a misdemeanor or a2310
2493+series of misdemeanors arising from a single incident. For the purposes of this2311
2494+subparagraph, the conviction of two or more offenses charged in separate counts of one2312
2495+or more accusations consolidated for trial shall be deemed to be one conviction. If a2313
2496+petition under this subsection has been denied, an individual may file a subsequent2314
2497+petition on the same conviction for a misdemeanor or series of misdemeanors arising2315
2498+from a single incident after the expiration of two years from the date of the final order2316
2499+from the previous petition."2317
2500+"(7) When an individual was convicted in this state of an offense for which that2318
2501+individual has been granted a pardon from the State Board of Pardons and Paroles as2319
2502+provided in the Constitution and Code Section 42-9-42, provided that the offense was not2320
2503+a serious violent felony as such term is defined in Code Section 17-10-6.1 or a sexual2321
2504+offense as such term is defined in Code Section 17-10-6.2, and provided, further, that2322
2505+such individual has not been convicted of any crime in any jurisdiction, excluding any2323
2506+conviction for a nonserious traffic offense, since the pardon was granted, and provided,2324
2507+further, that he or she has no pending charged offenses, he or she may petition the court2325
2508+in which the conviction occurred to restrict access to criminal history record information. 2326
2509+Such court shall maintain jurisdiction over the case for this limited purpose and duration. 2327
2510+Such petition shall be served on the prosecuting attorney. If a hearing is requested, such2328
2511+hearing shall be held within 90 days of the filing of the petition. If the court finds that the2329
2512+criteria for such petition are met, the court shall grant an order restricting such criminal2330
2513+history record information. The court shall hear evidence and shall grant an order2331
2514+S. B. 157 (SUB)
2515+- 90 - 24 LC 36 5860S
2516+restricting such criminal history record information if it determines that the harm2332
2517+otherwise resulting to the individual clearly outweighs the public's interest in the criminal2333
2518+history record information being publicly available."2334
2519+"(m)(1) For criminal history record information maintained by the clerk of court, an2335
2520+individual who has a record restricted pursuant to Code Section 17-10-21 or this Code2336
2521+section or an individual who has been cited for a criminal offense but was not arrested2337
2522+and the charged offense was subsequently dismissed, nolle prossed, or reduced to a2338
2523+violation of a local ordinance may petition the court with original jurisdiction over the2339
2524+offenses in the county where the clerk of court is located for an order to seal all criminal2340
2525+history record information maintained by the clerk of court for such individual's charged2341
2526+offense. Notice of such petition shall be sent to the clerk of court and the prosecuting2342
2527+attorney. A notice sent by registered or certified mail or statutory overnight delivery shall2343
2528+be sufficient notice.2344
2529+(2) The court shall order all criminal history record information in the custody of the2345
2530+clerk of court, including within any index, to be restricted and unavailable to the public2346
2531+if the court finds by a preponderance of the evidence that:2347
2532+(A) The criminal history record information has been restricted pursuant to this Code2348
2533+section; and2349
2534+(B) The harm otherwise resulting to the privacy of the individual clearly outweighs the2350
2535+public interest in the criminal history record information being publicly available.2351
2536+(3) Notwithstanding paragraph (2) of this subsection, the court shall order all criminal2352
2537+history record information in the custody of the clerk of court, including within any2353
2538+index, to be restricted and unavailable to the public if the criminal history record has been2354
2539+restricted pursuant to paragraph (7) of subsection (j) of this Code section.2355
2540+(4) Within 60 days of the court's order, the clerk of court shall cause every document,2356
2541+physical or electronic, in its custody, possession, or control to be restricted."2357
2542+S. B. 157 (SUB)
2543+- 91 - 24 LC 36 5860S
2544+"(v)(1) Information restricted and sealed pursuant to this Code section shall always be2358
2545+available for inspection, copying, and use:2359
2546+(A) For the purpose of imposing a sentence under Article 3 of Chapter 8 of Title 42;2360
2547+(B) By the Judicial Qualifications Commission;2361
2548+(C) By an attorney representing an accused individual who submits a sworn affidavit2362
2549+to the clerk of court attesting that such information is relevant to a criminal proceeding;2363
2550+(D) By a prosecuting attorney or a public defender;2364
2551+(E) Pursuant to a court order; and2365
2552+(F) By an individual who is the subject of restricted criminal history record information2366
2553+or sealed court files; and2367
2554+(G) By criminal justice agencies for law enforcement or criminal investigative2368
2555+purposes.2369
2556+(2) The confidentiality of such information shall be maintained insofar as practicable."2370
2557+PART IX2371
2558+SECTION 9-1.2372
2559+Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first2373
2560+offenders, is amended in Code Section 42-8-66, relating to petition for exoneration and2374
2561+discharge, hearing, retroactive grant of first offender status, and no filing fee, by revising2375
2562+paragraph (1) of subsection (a) and subsection (d) as follows:2376
2563+"(a)(1) An individual who qualified for sentencing pursuant to this article but who was2377
2564+not informed of his or her eligibility for first offender treatment may, with the consent of2378
2565+the prosecuting attorney, petition the court in which he or she was convicted for2379
2566+exoneration of guilt and discharge pursuant to this article."2380
2567+"(d) The court may issue an order retroactively granting first offender treatment and2381
2568+discharge the defendant pursuant to this article if the court finds by a preponderance of the2382
2569+S. B. 157 (SUB)
2570+- 92 - 24 LC 36 5860S
2571+evidence that the defendant was eligible for sentencing under the terms of this article at the2383
2572+time he or she was originally sentenced or that he or she qualifies for sentencing under2384
2573+paragraph (2) of subsection (a) of this Code section and the ends of justice and the welfare2385
2574+of society are served by granting such petition; provided, however, that no relief pursuant2386
2575+to this subsection may be given on a conviction that was used as the underlying conviction2387
2576+for a conviction for violating Code Section 16-11-131 or if the conviction was used to2388
2577+enhance a sentence pursuant to Code Section 17-10-7."2389
2578+PART X2390
2579+SECTION 10-1.2391
2580+(a) Except as provided in subsection (b) of this section, this Act shall become effective on2392
2581+July 1, 2024.2393
2582+(b) Parts 1 through 7 of this Act shall become effective on January 1, 2025, and shall apply2394
2583+to all applications for licensure submitted on or after such date.2395
2584+SECTION 10-2.2396
2585+All laws and parts of laws in conflict with this Act are repealed.2397
2586+S. B. 157 (SUB)
2587+- 93 -