LC 36 5900S
The House Committee on Rules offers the following substitute to SB 157:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 20, 26, 31, 33, and 43 of the Official Code of Georgia Annotated, relating1
to education, food, drugs, and cosmetics, health, insurance, and professions and businesses,2
respectively, so as to create a preclearance process in the licensing of individuals with3
criminal records who make an application to or are investigated by certain licensing boards4
and commissions; to provide for definitions; to require certain licensing authorities to provide5
evidence to support adverse licensing decisions based on criminal convictions; to require a6
hearing prior to denying certain applicants on the basis of an individual's criminal record; to7
establish findings that shall be made and evidence that shall and shall not be considered prior8
to refusing to grant certain licenses based on certain criminal convictions; to allow an9
applicant to submit his or her own criminal record when applying for certain licenses; to10
provide for reapplication for licensure; to authorize and provide a process and requirements11
for predetermination decisions; to require certain licensure application information be12
included in certain applications and posted on a public website; to require certain annual13
reports concerning certain applications, predeterminations, and conviction records be filed14
with the Secretary of State; to amend Chapter 4 of Title 25 of the Official Code of Georgia15
Annotated, relating to firefighter standards and training, so as to provide for the reporting of16
guilty pleas taken under first offender treatment to obtain employment as a firefighter; to17
amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating18
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to Georgia Crime Information Center, so as to provide for criminal history record19
information restrictions for certain persons charged with or convicted of certain criminal20
offenses; to provide that restricted criminal history record information shall be available to21
criminal justice agencies; to provide for petitions; to provide for criminal history record22
information restriction for persons granted a pardon for certain offenses; to amend Article23
3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first24
offenders, so as to revise the procedure for petitioning for exoneration and discharge when25
an individual has qualified for sentencing as a first offender; to provide for exceptions to26
retroactively granting first offender treatment; to amend Chapter 28 of Title 43 of the Official27
Code of Georgia Annotated, relating to occupational therapists, so as to authorize28
occupational therapists to perform dry needling as a physical agent modality if certain29
training and education requirements are met; to provide for definitions; to provide for related30
matters; to provide for effective dates and applicability; to repeal conflicting laws; and for31
other purposes.32
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:33
PART I34
SECTION 1-1.35
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,36
is amended by revising Code Section 43-1-1, relating to definitions, as follows:37
"43-1-1.38
As used in this title, the term:39
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of40
whether an appeal of such finding, verdict, or plea has been sought.41
(2) 'Covered misdemeanor' shall mean any:42
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(A) Misdemeanor conviction in the five years prior to the submission of the licensing43
application; and44
(B) Misdemeanor conviction listed in subparagraph (j)(4)(B) of Code Section 35-3-37,45
irrespective of the date of such conviction.46
(1)(3) 'Division' means the professional licensing boards division created under Code47
Section 43-1-2.48
(2)(4) 'Division director' means the individual appointed by the Secretary of State as49
director of the professional licensing boards division within the office of the Secretary50
of State.51
(5) 'Felony' means any offense which, if committed in this state, would be deemed a52
felony, without regard to its designation elsewhere.53
(3)(6) 'Professional licensing board' means any board, bureau, commission, or other54
agency of the executive branch of state government which is created for the purpose of55
licensing or otherwise regulating or controlling any profession, business, or trade and56
which is placed by law under the jurisdiction of the division director of the professional57
licensing boards division within the office of the Secretary of State."58
SECTION 1-2.59
Said title is further amended by revising subsection (a) of Code Section 43-1-19, relating to60
a professional licensing board's authority to refuse, grant, revoke, and reinstate licenses,61
surrender of licenses, and probationary licenses, and adding a new subsection to read as62
follows:63
"(a) A professional licensing board shall have the authority to refuse to grant a license to64
an applicant therefor or to revoke the license of a person licensed by that board or to65
discipline a person licensed by that board, upon a finding by a majority of the entire board66
that the licensee or applicant has:67
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(1) Failed to demonstrate the qualifications or standards for a license contained in this68
Code section, or under the laws, rules, or regulations under which licensure is sought or69
held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the70
board that he or she meets all the requirements for the issuance of a license, and, if the71
board is not satisfied as to the applicant's qualifications, it may deny a license without a72
prior hearing; provided, however, that the applicant shall be allowed to appear before the73
board if he or she so desires;74
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the75
practice of a business or profession licensed under this title or on any document76
connected therewith; practiced fraud or deceit or intentionally made any false statement77
in obtaining a license to practice the licensed business or profession; or made a false78
statement or deceptive registration with the board;79
(3) Been convicted of any a directly related felony or a directly related covered80
misdemeanor or of any crime involving moral turpitude in the courts of this state or any81
other state, territory, or country or in the courts of the United States; as used in this82
paragraph, paragraph (4) of this subsection, and subsection (q) of this Code section, the83
term 'felony' shall include any offense which, if committed in this state, would be deemed84
a felony, without regard to its designation elsewhere; and, as used in this paragraph and85
subsection (q) of this Code section, the term 'conviction' shall include a finding or verdict86
of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been87
sought;88
(4)(A) Been arrested, charged, and sentenced is currently serving a sentence for the89
commission of any felony, or any crime involving moral turpitude, when:90
(i) A sentence for such offense was imposed pursuant to Article 3 of Chapter 8 of91
Title 42 or another state's first offender laws; or92
(ii) A sentence for such offense was imposed pursuant to subsection (a) or (c) of93
Code Section 16-13-2;94
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(iii) A sentence for such offense was imposed as a result of a plea of nolo contendere;95
or96
(iv) An adjudication of guilt or sentence was otherwise withheld or not entered on the97
charge.98
(B) An order entered pursuant to subsection (a) or (c) of Code Section 16-13-2, Article99
3 of Chapter 8 of Title 42, or another state's first offender treatment order shall be100
conclusive evidence of an arrest and sentencing for such offense;101
(5) Had his or her license to practice a business or profession licensed under this title102
revoked, suspended, or annulled by any lawful licensing authority other than the board;103
had other disciplinary action taken against him or her by any such lawful licensing104
authority other than the board; was denied a license by any such lawful licensing105
authority other than the board, pursuant to disciplinary proceedings; or was refused the106
renewal of a license by any such lawful licensing authority other than the board, pursuant107
to disciplinary proceedings;108
(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct109
or practice harmful to the public that materially affects the fitness of the licensee or110
applicant to practice a business or profession licensed under this title or is of a nature111
likely to jeopardize the interest of the public; such conduct or practice need not have112
resulted in actual injury to any person or but must be directly related to the practice of the113
licensed business or profession but shows and show that the licensee or applicant has114
committed any act or omission which is indicative of bad moral character or115
untrustworthiness and which makes the licensee or applicant likely to harm the public. 116
Such conduct or practice shall also include any departure from, or the failure to conform117
to, the minimal reasonable standards of acceptable and prevailing practice of the business118
or profession licensed under this title;119
(7) Knowingly performed any act which in any way aids, assists, procures, advises, or120
encourages any unlicensed person or any licensee whose license has been suspended or121
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revoked by a professional licensing board to practice a business or profession licensed122
under this title or to practice outside the scope of any disciplinary limitation placed upon123
the licensee by the board;124
(8) Violated a statute, law, or any rule or regulation of this state, any other state, the125
professional licensing board regulating the business or profession licensed under this title,126
the United States, or any other lawful authority without regard to whether the violation127
is criminally punishable when such statute, law, or rule or regulation relates to or in part128
regulates the practice of a business or profession licensed under this title and when the129
licensee or applicant knows or should know that such action violates such statute, law,130
or rule; or violated a lawful order of the board previously entered by the board in a131
disciplinary hearing, consent decree, or license reinstatement;132
(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or133
outside this state; any such adjudication shall automatically suspend the license of any134
such person and shall prevent the reissuance or renewal of any license so suspended for135
so long as the adjudication of incompetence is in effect;136
(10) Displayed an inability to practice a business or profession licensed under this title137
with reasonable skill and safety to the public or has become unable to practice the138
licensed business or profession with reasonable skill and safety to the public by reason139
of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material;140
or141
(11) Failed to comply with an order for child support as defined by Code Section142
19-11-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of143
release to the board from the child support agency within the Department of Human144
Services indicating that the applicant or licensee has come into compliance with an order145
for child support so that a license may be issued or granted if all other conditions for146
licensure are met.147
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(a.1) A professional licensing board shall have the burden of justifying that it is148
substantially more likely than not that a criminal record supports an adverse licensing149
decision. Before the professional licensing board may deny an applicant a license under150
subsection (a) of this Code section due to his or her criminal record, such applicant shall151
be entitled to a hearing before the professional licensing board in accordance with152
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"153
SECTION 1-3.154
Said title is further amended in Code Section 43-1-19, relating to a professional licensing155
board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and156
probationary licenses, by revising subsection (j) as follows:157
"(j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity158
nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a159
previously denied license shall be considered to be a contested case within the meaning of160
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing161
within the meaning of such chapter shall not be required, but the applicant or licensee shall162
be allowed to appear before the board if he or she so requests. A board may resolve a163
pending action by the issuance of a letter of concern. Such letter shall not be considered164
a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be165
disclosed to any person except the licensee or applicant."166
SECTION 1-4.167
Said title is further amended in Code Section 43-1-19, relating to a professional licensing168
board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and169
probationary licenses, by revising subsection (q) as follows:170
"(q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or171
any other provision of law, and unless the professional licensing board shall refuse to172
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grant a license to an individual or shall revoke a license only if a felony or crime173
involving moral turpitude covered misdemeanor directly relates to the occupation for174
which the license is sought or held and granting the license would pose a direct and175
substantial risk to public safety because the individual has not been rehabilitated to safely176
perform the duties and responsibilities of such occupation, after considering the criteria177
in paragraph (2) of this subsection. Without finding a direct and substantial risk to public178
safety and a direct relationship between the conviction and the licensed occupation, no179
professional licensing board shall refuse to grant a license to an applicant therefor or shall180
revoke the license of an individual licensed by that board due solely or in part to such181
applicant's or licensee's:182
(A) Conviction of any felony or any crime involving moral turpitude covered183
misdemeanor, whether it occurred in the courts of this state or any other state, territory,184
or country or in the courts of the United States;185
(B) Arrest, charge, and sentence for the commission of such offense;186
(C) Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another187
state's first offender laws;188
(D) Sentence for such offense pursuant to subsection (a) or (c) of Code Section189
16-13-2;190
(E) Sentence for such offense as a result of a plea of nolo contendere;191
(F) Adjudication of guilt or sentence was otherwise withheld or not entered; or192
(G) Being under supervision by a community supervision officer, as such term is193
defined in Code Section 42-3-1, for a conviction of any felony or any crime involving194
moral turpitude covered misdemeanor, whether it occurred in the courts of this state or195
any other state, territory, or country or in the courts of the United States, so long as such196
individual was not convicted of a felony violation of Chapter 5 of Title 16 nor197
convicted of a crime requiring registration on the state sexual offender registry.198
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(2) In determining if a felony or crime involving moral turpitude covered misdemeanor199
directly relates to the occupation for which the license is sought or held, the professional200
licensing board shall consider:201
(A) The nature and seriousness of such felony or crime involving moral turpitude202
covered misdemeanor and the direct relationship of such felony or crime involving203
moral turpitude the criminal conduct to the duties and responsibilities of the occupation204
for which the license is sought or held;205
(B) The age of the individual at the time such felony or crime involving moral206
turpitude covered misdemeanor was committed;207
(C) The length of time elapsed since such felony or crime involving moral turpitude208
covered misdemeanor was committed;209
(D) All circumstances relative to such felony or crime involving moral turpitude210
covered misdemeanor, including, but not limited to, mitigating circumstances or social211
conditions surrounding the commission of such felony or crime involving moral212
turpitude covered misdemeanor; and213
(E) Evidence of rehabilitation and present fitness to perform the duties of the214
occupation for which the license is sought or held., including, but not limited to:215
(i) The completion of the criminal sentence;216
(ii) A program and treatment certificate issued by the Board of Corrections;217
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol218
treatment program;219
(iv) Testimonials and recommendations, which may include a progress report from220
the individual's probation or parole officer;221
(v) Education and training;222
(vi) Employment history;223
(vii) Employment aspirations;224
(viii) The individual's current family or community responsibilities, or both;225
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(ix) Whether a bond is required to practice the occupation;226
(x) Any affidavits or other written documents, including, but not limited to, character227
references; and228
(xi) Any other information regarding rehabilitation the individual submits to the229
board.230
(3) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew,231
or otherwise withhold a license, the professional licensing board shall not consider nor232
require an individual to disclose:233
(A) A deferred adjudication, discharged first offender treatment, completed diversion234
program, completed conditional discharge, or an arrest not followed by a conviction;235
(B) A conviction for which no sentence of incarceration can be imposed;236
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or237
pardoned, provided that the board may consider a plea for which an individual is238
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another239
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;240
(D) A juvenile adjudication;241
(E) A misdemeanor conviction older than five years, unless the offense of conviction242
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or243
(F) A conviction older than five years for which the individual was not incarcerated,244
or a conviction for which the individual's incarceration ended more than five years245
before the date of the board's consideration, except for a felony conviction related to:246
(i) A criminal sexual act;247
(ii) Criminal fraud or embezzlement;248
(iii) Aggravated assault;249
(iv) Aggravated robbery;250
(v) Aggravated abuse, neglect, or endangerment of a child;251
(vi) Arson;252
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(vii) Carjacking;253
(viii) Kidnapping; or254
(ix) Manslaughter, homicide, or murder.255
(4) Notwithstanding any other provision of law, no professional licensing board may256
apply a vague character standard to licensure decisions or predeterminations, including,257
but not limited to, 'good moral character,' 'moral turpitude,' or 'character and fitness.'258
(5) Notwithstanding any other provision of law, a professional licensing board shall259
provide individualized consideration of an individual's criminal record and shall not260
automatically deny licensure on the basis of the individual's criminal record.261
(6)(A) If an applicant's criminal record includes issues that will or may prevent the262
board from issuing a license to the applicant, the board shall notify the applicant, in263
writing, of the specific issues in sufficient time for the applicant to provide additional264
documentation supporting the application before the board's final decision to deny the265
application. After receiving notice of any potential issue with licensure due to his or266
her criminal convictions, an applicant shall have 30 days to respond by correcting any267
inaccuracy in the criminal record or by submitting additional evidence of mitigation or268
rehabilitation for the board's consideration, or both.269
(B) For the professional licensing board to deny a license on the basis of the applicant's270
criminal convictions, the board shall first provide an opportunity for a hearing for such271
applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative272
Procedure Act.' The applicant shall have the opportunity at such hearing to present the273
written or oral testimony of character witnesses, including, but not limited to, family274
members, friends, prospective employers, probation or parole officers, and275
rehabilitation counselors. The professional licensing board shall issue a decision within276
60 days of the complete submission of the issues for consideration or the hearing,277
whichever is later.278
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(C) The professional licensing board shall have the burden of justifying that it is279
substantially more likely than not, after a hearing, that an applicant's criminal record280
supports any adverse licensing decision. If the board denies an applicant a license by281
reason of the applicant's criminal record, the board shall:282
(i) Make written findings specifying any of the applicant's convictions and the factors283
provided for in subparagraph (A) of paragraph (2) of this subsection the board284
deemed directly relevant and explaining the basis and rationale for the denial. Such285
written findings shall be signed by the board's presiding officer and shall note the286
applicant's right to appeal and explain the applicant's ability to reapply. No applicant287
shall be restricted from reapplying for licensure for more than two years from the date288
of the most recent application;289
(ii) Provide or serve a signed copy of the written findings to the applicant within 60290
days of the denial; and291
(iii) Retain a signed copy of the written findings for no less than five years.292
(D) The denial of a license in part or in whole because of the applicant's criminal293
record shall constitute a contested case as defined in Code Section 50-13-2. In an294
administrative hearing or civil action reviewing the denial of a license, the professional295
licensing board shall have the burden of proving that the applicant's criminal record296
directly relates to the occupation for which the license is sought.297
(7)(A) Notwithstanding any other provision of law, an individual with a criminal298
record, who has been domiciled in the State of Georgia for five years or more, may299
petition a professional licensing board at any time, including while incarcerated and300
before starting or completing any required professional qualifications for licensure, for301
a predetermination as to whether such individual's criminal record will disqualify him302
or her from obtaining a license.303
(B) The petition for predetermination shall include the individual's criminal record or304
authorize the board to obtain the individual's criminal record. The petitioning305
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individual need not disclose any offenses provided for in paragraph (3) of this306
subsection. Such petition shall also include any information the petitioner chooses to307
submit concerning the circumstances of their record and their rehabilitation.308
(C) In considering predetermination petitions, the professional licensing board shall309
apply the direct relationship standard in paragraphs (1) and (2) of this subsection and310
shall not consider any offenses falling under paragraph (3) of this subsection. The311
board shall support any adverse predetermination by justifying that it is substantially312
more likely than not that a criminal record supports an adverse licensing decision.313
(D) A predetermination made under this subsection that a petitioner is eligible for a314
license shall be binding on the professional licensing board only if the petitioner applies315
for licensure, fulfills all other requirements for the occupational license, and the316
petitioner's submitted criminal record was correct and remains unchanged at the time317
of his or her application for a license.318
(E) If a petitioner's criminal record includes matters that may disqualify the petitioner319
from licensure, the board shall notify the petitioner of the potentially disqualifying320
convictions. The letter of concern shall advise the petitioner of their opportunity to321
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.322
(F) The professional licensing board may predetermine that the petitioner's criminal323
record is likely grounds for denial of a license only after the board has held a hearing324
on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia325
Administrative Procedure Act.' The hearing shall be held in person, by remote video,326
or by teleconference within 60 days of receipt of the predetermination petition. The327
individual shall have the opportunity to offer written or oral testimony of character328
witnesses at the hearing, including but not limited to family members, friends, past or329
prospective employers, probation or parole officers, and rehabilitation counselors. The330
professional licensing board shall not make an adverse inference by a petitioner's331
decision to forgo a hearing or character witnesses. The board shall issue a final332
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decision within 60 days of complete submission of the issue for consideration or the333
hearing, whichever is later.334
(G) If the professional licensing board decides that a predetermination petitioner is335
ineligible for a license, the board shall notify the petitioner of the following:336
(i) The grounds and rationale for the predetermination, including any of the337
petitioner's specific convictions and the factors provided for in subparagraph (A) of338
paragraph (2) of this subsection the board deemed directly relevant;339
(ii) An explanation of the process and right to appeal the board's predetermination340
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';341
and342
(iii) Any actions the petitioner may take to remedy the disqualification. An343
individual who receives a predetermination of ineligibility may submit a revised344
petition reflecting completion of the remedial actions. The individual may submit a345
new petition to the board not before one year following a final judgment on their346
initial petition or upon completing the remedial actions, whichever is earlier.347
(H) The denial of a predetermination petition because of the applicant's criminal record348
shall constitute a contested case as defined in Code Section 50-13-2. In an349
administrative hearing or civil action reviewing the denial of a predetermination350
petition, the professional licensing board shall have the burden of proving that the351
applicant's criminal record directly relates to the licensed occupation.352
(8) Each professional licensing board shall include in its application for licensure and on353
its public website all of the following information:354
(A) Whether the board requires applicants to consent to a criminal record check;355
(B) The direct relationship standard in paragraph (1) of this subsection and those356
factors in paragraph (2) of this subsection that the board shall consider when making357
a determination of licensure;358
(C) The criminal record disclosure provided for in paragraph (3) of this subsection;359
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(D) The appeals process pursuant to Chapter 13 of Title 50, the 'Georgia360
Administrative Procedure Act,' if the board denies or revokes licensure in whole or in361
part because of a criminal conviction; and362
(E) The predetermination petition process, standards, and application, as well as the363
process for appealing an adverse predetermination pursuant to Chapter 13 of Title 50,364
the 'Georgia Administrative Procedure Act.'365
(9) No later than March 31 each year, each occupational licensing board shall file with366
the Secretary of State an annual report containing information from the previous year as367
to:368
(A) The number of applicants for a license and, of that number, the number of licenses369
granted;370
(B) The number of applicants with a criminal record and, of that number, the number371
of licenses granted, denied a license for any reason, and denied due to a conviction or372
state supervision status;373
(C) The number of predetermination petitioners and, of that number, the number374
deemed eligible for a license and the number deemed ineligible for a license;375
(D) The racial and ethnic distribution of licensing applicants, including the racial and376
ethnic distribution of applicants with a criminal record; and377
(E) The racial and ethnic distribution of licensing applicants with a criminal record378
granted a license, denied a license for any reason, and denied a license due to a379
conviction or state supervision status."380
SECTION 1-5.381
Said title is further amended by revising Code Section 43-1-27, relating to requirement that382
licensee notify licensing authority of felony conviction, as follows:383
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"43-1-27.384
Any licensed individual who is convicted under the laws of this state, the United States, or385
any other state, territory, or country of a felony as defined in paragraph (3) of subsection386
(a) of Code Section 43-1-19 43-1-1 shall be required to notify the appropriate licensing387
authority of the conviction within ten days of the conviction. The failure of a licensed388
individual to notify the appropriate licensing authority of a conviction shall be considered389
grounds for revocation of his or her license, permit, registration, certification, or other390
authorization to conduct a licensed profession."391
SECTION 1-6.392
Said title is further amended by revising Code Section 43-15-19, relating to revocation,393
suspension, or denial of certificates, certificates of registration, or licenses, and reprimands,394
as follows: 395
"43-15-19.396
(a) The board shall have the power, after notice and hearing, to deny any application made397
to it, to revoke or suspend any certificate, certificate of registration, or license issued by it,398
or to reprimand any individual holding a certificate, certificate of registration, or license399
issued by it, upon the following grounds:400
(1) Commission of any fraud or deceit in obtaining a certificate, certificate of401
registration, or license;402
(2) Any gross negligence, incompetency, or unprofessional conduct in the practice of403
professional engineering or land surveying as a professional engineer or a professional404
land surveyor, respectively;405
(3) Affixing a seal to any plan, specification, plat, or report contrary to Code Section406
43-15-22;407
(4) Conviction of a felony or crime involving moral turpitude covered misdemeanor as408
defined in Code Section 43-1-1 in the courts of this state, the United States, or any state409
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or territory of the United States or the conviction of an offense in another jurisdiction410
which, if committed in this state, would be deemed a felony. 'Conviction' shall include411
a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal412
proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not413
entered thereon pursuant to Article 3 of Chapter 8 of Title 42 or any comparable rule or414
statute but shall not include a conviction that has been restricted, sealed, annulled,415
dismissed, vacated, or pardoned; provided, however, that the board may consider a plea416
for which an individual is currently serving a sentence pursuant to Article 3 of Chapter 8417
of Title 42, another state's first offender laws, or subsection (a) or (c) of Code Section418
16-13-2; or419
(5) Any violation of this chapter or any rule or regulation promulgated by the board420
pursuant to the powers conferred on it by this chapter.421
(b) 'Unprofessional conduct,' as referred to in paragraph (2) of subsection (a) of this Code422
section, includes a violation of those standards of professional conduct for professional423
engineers and professional land surveyors adopted by the board pursuant to the power424
conferred upon it to promulgate rules and regulations to effectuate the duties and powers425
conferred on it by this chapter."426
SECTION 1-7.427
Said title is further amended by adding two new Code sections to read as follows:428
"43-15-19.1.429
(a) Notwithstanding paragraph (4) of subsection (a) of Code Section 43-15-19, the board430
shall refuse to grant a license to an individual or shall revoke a license only if a conviction431
directly relates to the occupation for which the license is sought or held and granting the432
license would pose a direct and substantial risk to public safety because the individual has433
not been rehabilitated to safely perform the duties and responsibilities of the occupation for434
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which the license is sought or held. In determining if a conviction directly relates to the435
occupation for which the license is sought or held, the board shall consider:436
(1) The nature and seriousness of the offense and the direct relationship of the criminal437
conduct to the duties and responsibilities of the occupation for which the license is sought438
or held;439
(2) The age of the individual at the time the offense was committed;440
(3) The length of time elapsed since the offense was committed;441
(4) All circumstances relative to the offense, including, but not limited to, mitigating442
circumstances or social conditions surrounding the commission of the offense; and443
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation444
for which the license is sought or held, including, but not limited to:445
(A) The completion of the criminal sentence;446
(B) A program and treatment certificate issued by the Board of Corrections;447
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment448
program;449
(D) Testimonials and recommendations, which may include a progress report from the450
individual's probation or parole officer;451
(E) Education and training;452
(F) Employment history;453
(G) Employment aspirations;454
(H) The individual's current family or community responsibilities, or both;455
(I) Whether a bond is required to practice the occupation;456
(J) Any affidavits or other written documents, including, but not limited to, character457
references; and458
(K) Any other information regarding rehabilitation the individual submits to the board.459
- 18 - LC 36 5900S
(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or460
otherwise withhold a license, the board shall not consider nor require an individual to461
disclose:462
(1) A deferred adjudication, discharged first offender treatment, completed diversion463
program, a completed conditional discharge, or an arrest not followed by a conviction;464
(2) A conviction for which no sentence of incarceration can be imposed;465
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or466
pardoned, provided that the board may consider a plea for which an individual is467
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's468
first offender laws, or subsection (a) or (c) of Code Section 16-13-2;469
(4) A juvenile adjudication;470
(5) A misdemeanor conviction older than five years, unless the offense of conviction is471
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or472
(6) A conviction older than five years for which the individual was not incarcerated, or473
a conviction for which the individual's incarceration ended more than five years before474
the date of the board's consideration, except for a felony conviction related to:475
(A) A criminal sexual act;476
(B) Criminal fraud or embezzlement;477
(C) Aggravated assault;478
(D) Aggravated robbery;479
(E) Aggravated abuse, neglect, or endangerment of a child;480
(F) Arson;481
(G) Carjacking;482
(H) Kidnapping; or483
(I) Manslaughter, homicide, or murder.484
- 19 - LC 36 5900S
42-15-19.2.485
(a) Notwithstanding any other provision of law, an individual with a criminal record, who486
has been domiciled in the State of Georgia for five years or more, may petition the board487
at any time, including while incarcerated and before starting or completing any required488
professional qualifications for licensure, for a predetermination as to whether the489
individual's criminal record will disqualify him or her from obtaining a license.490
(b) The petition for predetermination shall include the individual's criminal record or491
authorize the board to obtain the individual's criminal record. The petitioning individual492
need not disclose any offenses falling under subsection (b) of Code Section 43-15-19.1.493
The petition shall also include any information the petitioner chooses to submit concerning494
the circumstances of their record and their rehabilitation.495
(c) In considering predetermination petitions, the board shall apply the direct relationship496
standard in subsection (a) of Code Section 43-15-19.1. The board shall support any497
adverse predetermination by justifying that it is substantially more likely than not that a498
criminal record supports an adverse licensing decision.499
(d) A predetermination made under this subsection that a petitioner is eligible for a license500
shall be binding on the board only if the petitioner applies for licensure, fulfills all other501
requirements for the licensure, and the petitioner's submitted criminal record was correct502
and remains unchanged at the time of his or her application for a license.503
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from504
licensure, the board shall notify the petitioner of the potentially disqualifying convictions.505
The letter of concern shall advise the petitioner of their opportunity to submit additional506
evidence of rehabilitation and mitigation or for a hearing, or both.507
(f) The board may predetermine that the petitioner's criminal record is likely grounds for508
denial of a license only after the board has held a hearing on the petitioner's eligibility in509
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The510
hearing shall be held in person, by remote video, or by teleconference within 60 days of511
- 20 - LC 36 5900S
receipt of the predetermination petition. The individual shall have the opportunity to512
include character witnesses at the hearing, including but not limited to family members,513
friends, past or prospective employers, probation or parole officers, and rehabilitation514
counselors, who may offer their verbal or written support. The board shall not make an515
adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The516
board shall issue a final decision within 60 days of complete submission of the issue for517
consideration or the hearing, whichever is later.518
(g) If the board decides that a predetermination petitioner is ineligible for a license, the519
board shall notify the petitioner of the following:520
(1) The grounds and rationale for the predetermination, including the specific521
convictions and the factors in subsection (a) of Code Section 43-15-19.1 the board522
deemed directly relevant;523
(2) An explanation of the process and right to appeal the board's predetermination524
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and525
(3) Any actions the petitioner may take to remedy the disqualification. An individual526
who receives a predetermination of ineligibility may submit a revised petition reflecting527
completion of the remedial actions. The individual may submit a new petition to the528
board not before one year following a final judgment on their initial petition or upon529
completing the remedial actions, whichever is earlier.530
(h) The denial of a predetermination petition because of the applicant's criminal record531
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative532
hearing or civil action reviewing the denial of a predetermination petition, the board shall533
have the burden of proving that the applicant's criminal record directly relates to the534
licensed occupation."535
- 21 - LC 36 5900S
PART II536
SECTION 2-1.537
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,538
is amended in Code Section 43-3-21, relating to revocation or refusal to grant or renew539
accountant's licenses, by revising paragraphs (3) and (4) of subsection (a) as follows:540
"(3) Had been convicted of any directly related felony or crime involving moral turpitude541
directly related covered misdemeanor as defined in Code Section 43-1-1 in the courts of542
this state, any other state, a territory, or a country or in the courts of the United States. 543
As used in this paragraph, the term:544
(A) 'Conviction' means and includes a finding or verdict of guilty or a plea of guilty,545
regardless of whether an appeal of the conviction has been sought;546
(B) 'Felony' means and includes any offense which, if committed in this state, would547
be deemed a felony, without regard to its designation elsewhere.548
(4)(A) Had been arrested, charged, and sentenced for the commission of any felony or549
crime involving moral turpitude covered misdemeanor as defined in Code Section550
43-1-1 when:551
(i) First offender treatment without adjudication of guilt pursuant to the charge was552
granted The licensee or applicant is currently serving a sentence pursuant to Article 3553
of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of554
Code Section 16-13-2; or555
(ii) An adjudication of guilt or sentence was otherwise withheld or not entered on the556
charge, except with respect to a plea of nolo contendere.557
(B) An order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42558
or other first offender treatment shall be conclusive evidence of arrest and sentencing559
for such crime.560
- 22 - LC 36 5900S
(C) As used in this paragraph, the term 'felony' shall include any offense which, if561
committed in this state, would be deemed a felony, without regard to its designation562
elsewhere;"563
SECTION 2-2.564
Said title is further amended by adding two new Code sections to read as follows:565
"43-3-21.1.566
(a) Notwithstanding paragraphs (3) and (4) of subsection (a) of Code Section 43-3-21, the567
board of accountancy shall refuse to grant a license to an individual or shall revoke a568
license only if a criminal record directly relates to the occupation for which the license is569
sought or held and granting the license would pose a direct and substantial risk to public570
safety because the individual has not been rehabilitated to safely perform the duties and571
responsibilities of the practice of public accountancy. In determining if a criminal record572
directly relates to the occupation for which the license is sought or held, the board of573
accountancy shall consider:574
(1) The nature and seriousness of the offense and the direct relationship of the criminal575
conduct to the duties and responsibilities of the occupation for which the license is sought576
or held;577
(2) The age of the individual at the time the offense was committed;578
(3) The length of time elapsed since the offense was committed;579
(4) All circumstances relative to the offense, including, but not limited to, mitigating580
circumstances or social conditions surrounding the commission of the offense; and581
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation582
for which the license is sought or held, including, but not limited to:583
(A) The completion of the criminal sentence;584
(B) A program and treatment certificate issued by the Board of Corrections;585
- 23 - LC 36 5900S
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment586
program;587
(D) Testimonials and recommendations, which may include a progress report from the588
individual's probation or parole officer;589
(E) Education and training;590
(F) Employment history;591
(G) Employment aspirations;592
(H) The individual's current family or community responsibilities, or both;593
(I) Whether a bond is required to practice the occupation;594
(J) Any affidavits or other written documents, including, but not limited to, character595
references; and596
(K) Any other information regarding rehabilitation the individual submits to the board.597
(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or598
otherwise withhold a license, the accountancy board shall not consider nor require an599
individual to disclose:600
(1) A deferred adjudication, discharged first offender treatment, completed diversion601
program, completed conditional discharge, or an arrest not followed by a conviction;602
(2) A conviction for which no sentence of incarceration can be imposed;603
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or604
pardoned, provided that the board may consider a plea for which an individual is605
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's606
first offender laws, or subsection (a) or (c) of Code Section 16-13-2;607
(4) A juvenile adjudication;608
(5) A misdemeanor conviction older than five years, unless the offense of conviction is609
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or610
- 24 - LC 36 5900S
(6) A conviction older than five years for which the individual was not incarcerated, or611
a conviction for which the individual's incarceration ended more than five years before612
the date of the board's consideration, except for a felony conviction related to:613
(A) A criminal sexual act;614
(B) Criminal fraud or embezzlement;615
(C) Aggravated assault;616
(D) Aggravated robbery;617
(E) Aggravated abuse, neglect, or endangerment of a child;618
(F) Arson;619
(G) Carjacking;620
(H) Kidnapping;621
(I) Manslaughter, homicide, or murder; or622
(J) Theft.623
43-3-21.2.624
(a) Notwithstanding any other provision of law, an individual with a criminal record, who625
has been domiciled in the State of Georgia for five years or more, may petition the626
accountancy board at any time, including while incarcerated and before starting or627
completing any required professional qualifications for licensure, for a predetermination628
as to whether the individual's criminal record will disqualify him or her from obtaining a629
license.630
(b) The petition for predetermination shall include the individual's criminal record or631
authorize the board to obtain the individual's criminal record. The petitioning individual632
need not disclose any offenses falling under subsection (b) of Code Section 43-3-21.1. The633
petition shall also include any information the petitioner chooses to submit concerning the634
circumstances of their record and their rehabilitation.635
- 25 - LC 36 5900S
(c) In considering predetermination petitions, the board shall apply the direct relationship636
standard in subsection (a) of Code Section 43-3-21.1. The board shall support any adverse637
predetermination by justifying that it is substantially more likely than not that a criminal638
record supports an adverse licensing decision.639
(d) A predetermination made under this subsection that a petitioner is eligible for a license640
shall be binding on the board only if the petitioner applies for licensure, fulfills all other641
requirements for the licensure, and the petitioner's submitted criminal record was correct642
and remains unchanged at the time of his or her application for a license.643
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from644
licensure, the board shall notify the petitioner of the potentially disqualifying convictions. 645
The letter of concern shall advise the petitioner of their opportunity to submit additional646
evidence of rehabilitation and mitigation or for a hearing, or both.647
(f) The board may predetermine that the petitioner's criminal record is likely grounds for648
denial of a license only after the board has held a hearing on the petitioner's eligibility in649
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The650
hearing shall be held in person, by remote video, or by teleconference within 60 days of651
receipt of the predetermination petition. The individual shall have the opportunity to652
include character witnesses at the hearing, including but not limited to family members,653
friends, past or prospective employers, probation or parole officers, and rehabilitation654
counselors, who may offer their verbal or written support. The board shall not make an655
adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The656
board shall issue a final decision within 60 days of complete submission of the issue for657
consideration or the hearing, whichever is later.658
(g) If the board decides that a predetermination petitioner is ineligible for a license, the659
board shall notify the petitioner of the following:660
- 26 - LC 36 5900S
(1) The grounds and rationale for the predetermination, including the specific661
convictions and the factors in subsection (a) of Code Section 43-3-21.1 the board deemed662
directly relevant;663
(2) An explanation of the process and right to appeal the board's predetermination664
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and665
(3) Any actions the petitioner may take to remedy the disqualification. An individual666
who receives a predetermination of ineligibility may submit a revised petition reflecting667
completion of the remedial actions. The individual may submit a new petition to the668
board not before one year following a final judgment on their initial petition or upon669
completing the remedial actions, whichever is earlier.670
(h) The denial of a predetermination petition because of the applicant's criminal record671
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative672
hearing or civil action reviewing the denial of a predetermination petition, the board shall673
have the burden of proving that the applicant's criminal record directly relates to the674
licensed occupation."675
SECTION 2-3.676
Said title is further amended in Code Section 43-3-27, relating to notification by an677
individual issued a license or certification as an accountant of conviction, time limit, and678
suspension, by revising subsection (a) as follows:679
"(a) Any individual issued a license or certification under this chapter or providing services680
under substantial equivalency practice privileges and convicted under the laws of this state,681
the United States, any other state, or any other country of a felony as defined in paragraph682
(3) of subsection (a) of Code Section 43-1-19 43-1-1 shall be required to notify the board683
of such conviction within 30 days of such conviction. The failure of such individual to684
notify the board of a conviction shall be considered grounds for revocation of his or her685
license or other authorization issued pursuant to this chapter."686
- 27 - LC 36 5900S
SECTION 2-4.687
Said title is further amended in Code Section 43-9-12, relating to refusal, suspension, or688
revocation of chiropractor licenses, subpoenas, other discipline, judicial review,689
reinstatement, voluntary surrender of license, injunctions, and statement of complaint, by690
revising paragraphs (3) and (4) of subsection (a) as follows:691
"(3) Been convicted of any felony or covered misdemeanors of any crime involving692
moral turpitude in the courts of this state or any other state, territory, or country or in the693
courts of the United States; as used in this paragraph and paragraph (4) of this subsection,694
the term 'felony' shall include any offense which, if committed in this state, would be695
deemed a felony, without regard to its designation elsewhere; and, as used in this696
paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of697
guilty, regardless of whether an appeal of the conviction has been sought. Any such698
record shall be considered in the manner prescribed by subsection (q) of Code Section699
43-1-19;700
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime701
involving moral turpitude, covered misdemeanor where such record is considered in the702
manner prescribed by subsection (q) of Code Section 43-1-19 and:703
(A) A plea of nolo contendere was entered to the charge; or704
(B) First offender treatment without adjudication of guilt pursuant to the charge was705
granted The licensee or applicant is currently serving a sentence pursuant to Article 3706
of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of707
Code Section 16-13-2; or708
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.709
The plea of nolo contendere or the order entered pursuant to the provisions of Article 3710
of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender711
treatment shall be conclusive evidence of arrest and sentencing for such crime;"712
- 28 - LC 36 5900S
SECTION 2-5.713
Said title is further amended in Code Section 43-10-20, relating to the teaching of barbering714
or the practice of a cosmetologist in prisons and certification of registration, by revising715
subsection (b) as follows:716
"(b) The board shall be required to test an inmate who is an applicant for a certificate or717
registration under this chapter who has completed successfully a barber or cosmetologist718
training program operated by the Department of Corrections and who meets the719
requirements stated in Code Section 43-10-9. If such inmate passes the applicable written720
and practical examinations, the board may issue the appropriate certificate of registration721
to such inmate after consideration of all requirements under Code Sections 43-10-9 and722
43-1-19; provided, however, that the board shall not apply the provisions of paragraph (4)723
of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such person's724
status as an inmate and shall apply such provisions in the same manner as would otherwise725
be applicable to an applicant who is not an inmate."726
SECTION 2-6.727
Said title is further amended in Code Section 43-11-47, relating to refusal to grant, or728
revocation of licenses by the Board of Dentistry, disciplining licensees, subpoenas, judicial729
review, investigations, immunity, failure to appear, and voluntary surrender, by revising730
paragraphs (3) and (4) of subsection (a) as follows:731
"(3) Been convicted of any felony or of any crime involving moral turpitude covered732
misdemeanor as defined in Code Section 43-1-1 in the courts of this state or any other733
state, territory, or country or in the courts of the United States; as used in this subsection,734
the term 'felony' shall include any offense which, if committed in this state, would be735
deemed a felony without regard to its designation elsewhere; and, as used in this736
subsection, the term 'conviction' shall include a finding or verdict of guilty or a plea of737
guilty, regardless of whether an appeal of the conviction has been sought. Any licensee738
- 29 - LC 36 5900S
who is convicted under the laws of this state, the United States, or any other state,739
territory, or country of a felony shall be required to notify the board of conviction within740
ten days of the conviction. The failure to notify the board of a conviction shall be741
considered grounds for revocation of his or her license;742
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime743
involving moral turpitude covered misdemeanor, where:744
(A) A plea of nolo contendere was entered to the charge; or745
(B) First offender treatment without adjudication of guilt pursuant to the charge was746
granted; or The licensee or applicant is currently serving a sentence pursuant to Article747
3 of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of748
Code Section 16-13-2.749
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.750
The plea of nolo contendere or the order entered pursuant to the provisions of Article 3751
of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of752
arrest and sentencing for such crime;"753
SECTION 2-7.754
Said title is further amended in Code Section 43-11-47, relating to refusal to grant, or755
revocation of, licenses by the Board of Dentistry, disciplining licensees, subpoenas, judicial756
review, investigations, immunity, failure to appear, and voluntary surrender, by adding two757
new subsections to read as follows:758
"(a.1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section, the759
board of dentistry shall refuse to grant a license to an individual or shall revoke a license760
only if a conviction directly relates to the occupation for which the license is sought or held761
and granting the license would pose a direct and substantial risk to public safety because762
the individual has not been rehabilitated to safely perform the duties and responsibilities763
- 30 - LC 36 5900S
of the practice of dentistry. In determining if a conviction directly relates to the occupation764
for which the license is sought or held, the board of dentistry shall consider:765
(1) The nature and seriousness of the offense and the direct relationship of the criminal766
conduct to the duties and responsibilities of the occupation for which the license is sought767
or held;768
(2) The age of the individual at the time the offense was committed;769
(3) The length of time elapsed since the offense was committed;770
(4) All circumstances relative to the offense, including, but not limited to, mitigating771
circumstances or social conditions surrounding the commission of the offense; and772
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation773
for which the license is sought or held, including, but not limited to:774
(A) The completion of the criminal sentence;775
(B) A program and treatment certificate issued by the Board of Corrections;776
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment777
program;778
(D) Testimonials and recommendations, which may include a progress report from the779
individual's probation or parole officer;780
(E) Education and training;781
(F) Employment history;782
(G) Employment aspirations;783
(H) The individual's current family or community responsibilities, or both;784
(I) Whether a bond is required to practice the occupation;785
(J) Any affidavits or other written documents, including, but not limited to, character786
references; and787
(K) Any other information regarding rehabilitation the individual submits to the board.788
(6) In determining whether to terminate and revoke a license, the board shall not consider789
nor require an individual to disclose:790
- 31 - LC 36 5900S
(A) A deferred adjudication, discharged first offender adjudication, completed791
diversion program, completed conditional discharge, or an arrest not followed by a792
conviction;793
(B) A conviction for which no sentence of incarceration can be imposed;794
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or795
pardoned, provided that the board may consider a plea for which an individual is796
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another797
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;798
(D) A juvenile adjudication;799
(E) A misdemeanor conviction older than five years, unless the offense of conviction800
is listed in Code section 35-3-37(j)(4); or801
(F) A conviction older than five years for which the individual was not incarcerated,802
or a conviction for which the individual's incarceration ended more than five years803
before the date of the board's consideration, except for a felony conviction related to:804
(i) A criminal sexual act;805
(ii) Criminal fraud or embezzlement;806
(iii) Aggravated assault;807
(iv) Aggravated robbery;808
(v) Aggravated abuse, neglect, or endangerment of a child;809
(vi) Arson;810
(vii) Carjacking;811
(viii) Kidnapping; or812
(ix) Manslaughter, homicide, or murder.813
(a.2)(1) Notwithstanding any other provision of law, an individual with a criminal814
record, who has been domiciled in the State of Georgia for five years or more, may815
petition the board of dentistry at any time, including while incarcerated and before816
starting or completing any required professional qualifications for licensure, for a817
- 32 - LC 36 5900S
predetermination as to whether the individual's criminal record will disqualify him or her818
from obtaining a license.819
(2) The petition for predetermination shall include the individual's criminal record or820
authorize the board to obtain the individual's criminal record. The petitioning individual821
need not disclose any offenses falling under paragraph (6) subsection (a.1) of this Code822
section. The petition shall also include any information the petitioner chooses to submit823
concerning the circumstances of their record and their rehabilitation.824
(3) In considering predetermination petitions, the board shall apply the direct relationship825
standard in subsection (a.1) of this Code section and shall not consider any offenses826
falling under paragraph (6) of subsection (a.1) of this Code section. The board shall827
support any adverse predetermination by justifying that it is substantially more likely than828
not that a criminal record supports an adverse licensing decision.829
(4) A predetermination made under this subsection that a petitioner is eligible for a830
license shall be binding on the board only if the petitioner applies for licensure, fulfills831
all other requirements for the occupational licensure, and the petitioner's submitted832
criminal record was correct and remains unchanged at the time of his or her application833
for a license.834
(5) If a petitioner's criminal record includes matters that may disqualify the petitioner835
from licensure, the board shall notify the petitioner of the potentially disqualifying836
convictions. The letter of concern shall advise the petitioner of their opportunity to837
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.838
(6) The board may predetermine that the petitioner's criminal record is likely grounds for839
denial of a license only after the board has held a hearing on the petitioner's eligibility in840
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The841
hearing shall be held in person, by remote video, or by teleconference within 60 days of842
receipt of the predetermination petition. The individual shall have the opportunity to843
include character witnesses at the hearing, including but not limited to family members,844
- 33 - LC 36 5900S
friends, past or prospective employers, probation or parole officers, and rehabilitation845
counselors, who may offer their verbal or written support. The professional licensing846
board shall not make an adverse inference by a petitioner's decision to forgo a hearing or847
character witnesses. The board shall issue a final decision within 60 days of complete848
submission of the issue for consideration or the hearing, whichever is later.849
(7) If the professional licensing board decides that a predetermination petitioner is850
ineligible for a license, the board shall notify the petitioner of the following:851
(A) The grounds and rationale for the predetermination, including the specific852
convictions and the factors in subsection (a.1) of this Code section the board deemed853
directly relevant;854
(B) An explanation of the process and right to appeal the board's predetermination855
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and856
(C) Any actions the petitioner may take to remedy the disqualification. An individual857
who receives a predetermination of ineligibility may submit a revised petition reflecting858
completion of the remedial actions. The individual may submit a new petition to the859
board not before one year following a final judgment on their initial petition or upon860
completing the remedial actions, whichever is earlier.861
(8) The denial of a predetermination petition because of the applicant's criminal record862
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative863
hearing or civil action reviewing the denial of a predetermination petition, the board shall864
have the burden of proving that the applicant's criminal record directly relates to the865
licensed occupation."866
SECTION 2-8.867
Said title is further amended in Code Section 43-11-71, relating to qualifications of868
applicants for license and criminal background check, by revising subsection (a) and by869
adding two new subsections to read as follows:870
- 34 - LC 36 5900S
"(a) No person shall be entitled to or be issued such license as set out in Code Section871
43-11-70 unless such person is at least 18 years of age, of good moral character, and a872
graduate of a dental hygiene program recognized by the board and accredited by the873
Commission on Dental Accreditation of the American Dental Association (ADA) or its874
successor agency which is operated by a school or college accredited by an institutional875
accrediting agency recognized by the United States Department of Education whose876
curriculum is at least two academic years of courses at the appropriate level and at the877
completion of which an associate or baccalaureate degree is awarded.878
(b) Application for a license under Code Section 43-11-70 shall constitute consent for879
performance of a criminal background check. Each applicant who submits an application880
to the board for licensure agrees to provide the board with any and all information881
necessary to run a criminal background check, including but not limited to classifiable sets882
of fingerprints. The applicant shall be responsible for all fees associated with the883
performance of a background check.884
(c) Notwithstanding subsections (a) and (b) of this Code section, the board of dentistry885
shall refuse to grant a license to an individual or shall revoke a license only if a conviction886
directly relates to the occupation for which the license is sought or held and granting the887
license would pose a direct and substantial risk to public safety because the individual has888
not been rehabilitated to safely perform the duties and responsibilities of the practice of a889
dental hygienist. In determining if a conviction directly relates to the occupation for which890
the license is sought or held, the board of dentistry shall consider:891
(1) The nature and seriousness of the offense and the direct relationship of the criminal892
conduct to the duties and responsibilities of the occupation for which the license is sought893
or held;894
(2) The age of the individual at the time the offense was committed;895
(3) The length of time elapsed since the offense was committed;896
- 35 - LC 36 5900S
(4) All circumstances relative to the offense, including, but not limited to, mitigating897
circumstances or social conditions surrounding the commission of the offense; and898
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation899
for which the license is sought or held, including, but not limited to:900
(A) The completion of the criminal sentence;901
(B) A program and treatment certificate issued by the Board of Corrections;902
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment903
program;904
(D) Testimonials and recommendations, which may include a progress report from the905
individual's probation or parole officer;906
(E) Education and training;907
(F) Employment history;908
(G) Employment aspirations;909
(H) The individual's current family or community responsibilities, or both;910
(I) Whether a bond is required to practice the occupation;911
(J) Any affidavits or other written documents, including, but not limited to, character912
references; and913
(K) Any other information regarding rehabilitation the individual submits to the board.914
(6) In determining whether to terminate and revoke a license, the board shall not consider915
nor require an individual to disclose:916
(A) A deferred adjudication, discharged first offender treatment, completed diversion917
program, completed conditional discharge, or an arrest not followed by a conviction;918
(B) A conviction for which no sentence of incarceration can be imposed;919
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or920
pardoned, provided that the board may consider a plea for which an individual is921
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another922
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;923
- 36 - LC 36 5900S
(D) A juvenile adjudication;924
(E) A misdemeanor conviction older than five years, unless the offense of conviction925
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or926
(F) A conviction older than five years for which the individual was not incarcerated,927
or a conviction for which the individual's incarceration ended more than five years928
before the date of the board's consideration, except for a felony conviction related to:929
(i) A criminal sexual act;930
(ii) Criminal fraud or embezzlement;931
(iii) Aggravated assault;932
(iv) Aggravated robbery;933
(v) Aggravated abuse, neglect, or endangerment of a child;934
(vi) Arson;935
(vii) Carjacking;936
(viii) Kidnapping; or937
(ix) Manslaughter, homicide, or murder.938
(d)(1) Notwithstanding any other provision of law, an individual with a criminal record,939
who has been domiciled in the State of Georgia for five years or more, may petition the940
board of dentistry at any time, including while incarcerated and before starting or941
completing any required professional qualifications for licensure, for a predetermination942
as to whether the individual's criminal record will disqualify him or her from obtaining943
a license.944
(2) The petition for predetermination shall include the individual's criminal record or945
authorize the board to obtain the individual's criminal record. The petitioning individual946
need not disclose any offenses falling under subparagraph (c)(6)(F) of this Code section. 947
The petition shall also include any information the petitioner chooses to submit948
concerning the circumstances of their record and their rehabilitation.949
- 37 - LC 36 5900S
(3) In considering predetermination petitions, the professional licensing board shall apply950
the direct relationship standard in subsection (c) of this Code section and shall not951
consider any offenses falling under subparagraph (c)(6)(F) of this Code section. The952
board shall support any adverse predetermination by justifying that it is substantially953
more likely than not that a criminal record supports an adverse licensing decision.954
(4) A predetermination made under this subsection that a petitioner is eligible for a955
license shall be binding on the professional licensing board only if the petitioner applies956
for licensure, fulfills all other requirements for the occupational licensure, and the957
petitioner's submitted criminal record was correct and remains unchanged at the time of958
his or her application for a license.959
(5) If a petitioner's criminal record includes matters that may disqualify the petitioner960
from licensure, the board shall notify the petitioner of the potentially disqualifying961
convictions. The letter of concern shall advise the petitioner of their opportunity to962
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.963
(6) The board may predetermine that the petitioner's criminal record is likely grounds for964
denial of a license only after the board has held a hearing on the petitioner's eligibility in965
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The966
hearing shall be held in person, by remote video, or by teleconference within 60 days of967
receipt of the predetermination petition. The individual shall have the opportunity to968
include character witnesses at the hearing, including but not limited to family members,969
friends, past or prospective employers, probation or parole officers, and rehabilitation970
counselors, who may offer their verbal or written support. The professional licensing971
board shall not make an adverse inference by a petitioner's decision to forgo a hearing or972
character witnesses. The board shall issue a final decision within 60 days of complete973
submission of the issue for consideration or the hearing, whichever is later.974
(7) If the board decides that a predetermination petitioner is ineligible for a license, the975
board shall notify the petitioner of the following:976
- 38 - LC 36 5900S
(A) The grounds and rationale for the predetermination, including the specific977
convictions and the factors in subsection (c) of this Code section the board deemed978
directly relevant;979
(B) An explanation of the process and right to appeal the board's predetermination980
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and981
(C) Any actions the petitioner may take to remedy the disqualification. An individual982
who receives a predetermination of ineligibility may submit a revised petition reflecting983
completion of the remedial actions. The individual may submit a new petition to the984
board not before one year following a final judgment on their initial petition or upon985
completing the remedial actions, whichever is earlier.986
(8) The denial of a predetermination petition because of the applicant's criminal record987
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative988
hearing or civil action reviewing the denial of a predetermination petition, the board shall989
have the burden of proving that the applicant's criminal record directly relates to the990
licensed occupation."991
SECTION 2-9.992
Said title is further amended by revising Code Section 43-18-46, relating to grounds for993
denial or revocation of license or registration and other discipline for funeral directors and994
embalmers, as follows:995
"43-18-46.996
In addition to the authority and provided in Code Section 43-1-19, the board may refuse997
to grant a license to operate a funeral establishment or to practice embalming or funeral998
directing, may refuse to grant a registration to serve as an apprentice, or may revoke,999
suspend, fine, or otherwise discipline a licensee or registrant upon any of the following1000
grounds:1001
- 39 - LC 36 5900S
(1) The employment of fraud or deception in applying for a license or registration or in1002
passing the examination provided for in this article;1003
(2) Issuance of a license or registration through error;1004
(3) Conviction of a crime involving moral turpitude;1005
(4)(3) The practice of embalming or funeral directing under a false name or the1006
impersonation of another embalmer, funeral director, or apprentice of a like or different1007
name;1008
(5)(4) The making of a false statement or representation regarding the qualifications,1009
training, or experience of any applicant;1010
(6)(5) The making of a misrepresentation of any kind regarding any funeral merchandise;1011
(7)(6) Directly or indirectly, by gifts or otherwise, committing the offense of buying1012
business or paying a commission or making gifts, directly or indirectly, for the purpose1013
of securing business to any physician or hospital, or to any institution where death occurs,1014
or to any hospital superintendent, nurse, intern, or employee of any hospital, nursing1015
home, or other institution where death occurs; or to any coroner or other government1016
official;1017
(8)(7) Gross or willful malpractice or gross neglect in the practice of embalming, funeral1018
directing, or cremating;1019
(9)(8) Signing a death certificate as having embalmed or prepared a body for burial or1020
preservation when in fact someone else performed such embalming or preparation;1021
(10)(9) Interfering, either directly or indirectly, with a licensed embalmer or funeral1022
director having legal charge of a dead human body;1023
(11)(10) Using any statements that mislead or deceive the public including, but not1024
limited to, false or misleading statements regarding a legal or cemetery requirement,1025
funeral merchandise, funeral services, or in the operation of a funeral establishment;1026
(12)(11) Failing to fulfill the terms of a funeral service contract;1027
- 40 - LC 36 5900S
(13)(12) Disregarding a decedent's dignity, right to privacy, or right to confidentiality1028
unless compelled by law to do otherwise;1029
(14)(13) Using profane, indecent, or obscene language in the presence of a dead human1030
body, or within the immediate hearing of the family or relatives of a deceased, whose1031
body has not yet been interred or otherwise disposed;1032
(15)(14) Failing to turn assigned benefits in excess of charges incurred over to the1033
assignee of the deceased within ten working days of receipt of the assigned funds;1034
(16)(15) Refusing to surrender promptly the custody of a dead human body upon the1035
express order of the person lawfully entitled to the custody;1036
(17)(16) Failing to have the charges rendered to be in compliance with those listed in the1037
funeral establishment general price list, the casket price list, the outer burial container list,1038
or the funeral service contract price list;1039
(18)(17) Aiding or abetting an unlicensed person to practice under this article;1040
(19)(18) Promoting or participating in a burial society, burial association, burial1041
certificate plan, or burial membership plan;1042
(20)(19) Soliciting, as defined in paragraph (21) of Code Section 43-18-1;1043
(21)(20) Presenting a false certification of work done by an apprentice or as an1044
apprentice;1045
(22)(21) Willfully violating any state law or regulation; Federal Trade Commission law1046
or regulation; Occupational Safety and Health Administration law or regulation;1047
Department of Public Health law or regulation; Environmental Protection Agency law1048
or regulation; or municipal or county ordinance or regulation that affects the handling,1049
custody, care, or transportation of dead human bodies, including, but not limited to, the1050
disposal of equipment, residual fluids, or medical wastes;1051
(23)(22) Knowingly making any misleading, deceptive, untrue, or fraudulent1052
representation in the practice of funeral directing or embalming or in any document1053
connected therewith;1054
- 41 - LC 36 5900S
(24)(23) Discriminating in the provision of services because of race, creed, color,1055
religion, gender, or national origin;1056
(25)(24) Failing to safeguard all personal properties that were obtained from dead human1057
remains and failing to dispose of same as directed by a legally authorized person;1058
(26)(25) Failing to refund moneys due as a result of overpayment by an insurance1059
company or other third party;1060
(27)(26) Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious1061
conduct or practice harmful to the public, which conduct or practice that materially1062
affects the fitness of the licensee or registrant to practice in the funeral business, or is of1063
a nature likely to jeopardize the interest of the general public, which conduct or practice1064
and that need not have resulted in actual injury to any person or be directly related to the1065
practice of funeral directing or embalming but shows that the person has committed any1066
act or omission which is indicative of bad moral character or untrustworthiness;1067
unprofessional untrustworthiness. Unprofessional conduct shall also include any1068
departure from or failure to conform to the minimal reasonable standards of acceptable1069
and prevailing practice of funeral services;1070
(28)(27) Engaging in any practice whereby a person who is both a funeral director and1071
a coroner or who is both a funeral director and a minister presents that person as a funeral1072
director to a legally authorized person when death is imminent or after death occurs prior1073
to when the legally authorized person selects a funeral director or funeral establishment1074
which will handle the dead human body;1075
(29)(28) Practicing embalming or funeral directing or operating a funeral establishment1076
or crematory prior to the board's having approved an application for licensure; or1077
(30)(29) Failing to satisfy the funeral director in full and continuous charge requirements1078
as set out in Code Section 43-18-71 or funeral establishment requirements as set out in1079
Code Section 43-18-70."1080
- 42 - LC 36 5900S
SECTION 2-10.1081
Said title is further amended in Code Section 43-24A-9, relating to provisional permits for1082
massage therapists, by revising subsection (a) as follows:1083
"(a) A provisional permit to practice as a provisionally permitted massage therapist shall,1084
upon proper application, be issued for a six-month period to an applicant who meets the1085
following criteria:1086
(1) Holds and maintains a valid license as a massage therapist in another state;1087
(2) Is not a resident of this state as confirmed in a secure and verifiable document, as1088
defined in Code Section 50-36-2;1089
(3) Has not had a license or permit to practice as a massage therapist voided, revoked,1090
suspended, denied, or annulled by this state or another state, territory, or jurisdiction; and1091
(4) Has not been convicted of a directly related felony in the courts of this state, any1092
other state, territory, or country, or in the courts of the United States, including, but not1093
limited to, a plea of nolo contendere entered to such charge or the affording of first1094
offender treatment to any such charge a plea to such charge for which an individual is1095
currently serving a first offender sentence in the same manner as provided in paragraph1096
(4) of subsection (a) of subsection (q) of Code Section 43-1-19. For purposes of this1097
paragraph, the term 'felony' shall have the same meaning as provided in Code Section1098
43-1-1."1099
SECTION 2-11.1100
Said title is further amended in Code Section 43-26-11, relating to denial or revocation of1101
licenses and other discipline under the "Georgia Registered Professional Nurse Practice Act,"1102
by revising paragraph (1) as follows:1103
"(1) Been convicted of any directly related felony, crime involving moral turpitude, or1104
directly related crime violating a federal or state law relating to controlled substances or1105
dangerous drugs in the courts of this state, any other state, territory, or country, or in the1106
- 43 - LC 36 5900S
courts of the United States, including but not limited to a plea of nolo contendere entered1107
to the charge,; provided, however, that such conviction shall be evaluated as provided by1108
subsection (q) of Code Section 43-1-19; or"1109
SECTION 2-12.1110
Said title is further amended by revising Code Section 43-26-40, relating to refusal to grant1111
license and revocation of registered practical nurses licenses and disciplining of licensees,1112
as follows:1113
"43-26-40.1114
(a) In addition to the authority granted in Code Section 43-1-19, the board shall have the1115
authority to refuse to grant a license to an applicant, to revoke the license of a licensee, or1116
to discipline a licensee upon a finding by the board that the applicant or licensee has:1117
(1) Been convicted of a directly related felony, a crime involving moral turpitude, or any1118
directly related crime violating a federal or state law relating to controlled substances or1119
dangerous drugs or marijuana in the courts of this state, any other state, territory, or1120
country, or in the courts of the United States, including, but not limited to, a plea of nolo1121
contendere entered to the charge; provided, however, that such conviction shall be1122
evaluated as provided by subsection (q) of Code Section 43-1-19;1123
(2) Had a license to practice nursing revoked, suspended, or annulled by any lawful1124
licensing authority, had other disciplinary action taken by any lawful licensing authority,1125
or was denied a license by any lawful licensing authority;1126
(3) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or1127
practice harmful to the public, which conduct or practice need not have resulted in actual1128
injury to any person. As used in this paragraph, the term 'unprofessional conduct'1129
includes the improper charting of medication and any departure from, or the failure to1130
conform to, the minimal standards of acceptable and prevailing nursing practice;1131
- 44 - LC 36 5900S
(4) Violated or attempted to violate a law or any lawfully promulgated rule or regulation1132
of this state, any other state, the board, the United States, or any other lawful authority,1133
without regard to whether the violation is criminally punishable, which statute, law, or1134
rule or regulation relates to or in part regulates the practice of nursing, when the licensee1135
or applicant knows or should know that such action is violative of such law or rule;1136
(5) Violated a lawful order of the board previously entered by the board in a disciplinary1137
hearing; or1138
(6) Displayed an inability to practice nursing as a licensed practical nurse with1139
reasonable skill and safety due to illness, use of alcohol, drugs, narcotics, chemicals, or1140
any other types of material, or as a result of any mental or physical condition:1141
(A) In enforcement of this paragraph, the board may, upon reasonable grounds, require1142
a licensee or applicant to submit to a mental or physical examination by a board1143
approved health care professional. The expense of such mental or physical examination1144
shall be borne by the licensee or applicant. The results of such examination shall be1145
admissible in any hearing before the board, notwithstanding any claim of privilege1146
under contrary law or rule. Every person who is licensed to practice practical nursing1147
as a licensed practical nurse in this state, or an applicant for examination, endorsement,1148
or reinstatement, shall be deemed to have given such person's consent to submit to such1149
mental or physical examination and to have waived all objections to the admissibility1150
of the results in any hearing before the board upon the grounds that the same constitutes1151
a privileged communication. If a licensee or applicant fails to submit to such an1152
examination when properly directed to do so by the board, unless such failure was due1153
to circumstances beyond that person's control, the board may enter a final order upon1154
proper notice, hearing, and proof of such refusal. Any licensee or applicant who is1155
prohibited from practicing under this paragraph shall at reasonable intervals be afforded1156
an opportunity to demonstrate to the board that such person can resume or begin to1157
- 45 - LC 36 5900S
practice practical nursing as a licensed practical nurse with reasonable skill and safety;1158
and1159
(B) In enforcement of this paragraph, the board may, upon reasonable grounds, obtain1160
any and all records relating to the mental or physical condition of a licensee or1161
applicant, including psychiatric records; such records shall be admissible in any hearing1162
before the board, notwithstanding any privilege under a contrary rule, law, or statute.1163
Every person who is licensed in this state or who shall file an application for said1164
license shall be deemed to have given such person's consent to the board's obtaining1165
such records and to have waived all objections to the admissibility of such records in1166
any hearing before the board upon the grounds that the same constitute a privileged1167
communication.1168
(b) Neither denial of an initial license, the issuance of a private reprimand, the denial of1169
a license by endorsement under Code Section 43-26-38, nor the denial of a request for1170
reinstatement of a license on the grounds that the applicant or licensee has failed to meet1171
the minimum requirements shall be considered a contested case within the meaning of1172
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and notice and hearing1173
within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or1174
licensee shall be allowed to appear before the board if he or she so requests.1175
(c) Notwithstanding any other provision of this Code section, the denial of an initial1176
license or the denial of a request for reinstatement of a license on the grounds that the1177
applicant or licensee is disqualified due to a criminal record shall be in accordance with1178
subsection (a) of Code Section 43-1-19."1179
SECTION 2-13.1180
Said title is further amended in Code Section 43-34-8, relating to the authority of the1181
Composite Medical Board to refuse license, certificate, or permit medical professionals or1182
to issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and1183
- 46 - LC 36 5900S
publication of final disciplinary actions, by revising paragraph (3) of subsection (a) as1184
follows:1185
"(3) Been convicted of a felony in the courts of this state or any other state, territory,1186
country, or of the United States. As used in this paragraph, the term 'conviction of a1187
felony' shall include a conviction of an offense which if committed in this state would be1188
deemed a felony under either state or federal law, without regard to its designation1189
elsewhere. As used in this paragraph, the term 'conviction' shall include a finding or1190
verdict of guilt, a plea of guilty resulting in first offender status, or a plea of nolo1191
contendere in a criminal proceeding, regardless of whether the adjudication of guilt or1192
sentence is withheld or not entered thereon;. It shall also include a plea for which an1193
individual is currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42,1194
another state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1195
(3.1) Been convicted of any directly related felony or directly related crime violating a1196
federal or state law relating to controlled substances or dangerous drugs in the courts of1197
this state, any other state, territory, or country, or in the courts of the United States,1198
including but not limited to a plea of nolo contendere entered to the charge; provided,1199
however, that such conviction shall be considered in the manner prescribed by subsection1200
(q) of Code Section 43-1-19;"1201
SECTION 2-14.1202
Said title is further amended in Code Section 43-34-8, relating to the authority of the1203
Composite Medical Board to refuse license, certificate, or permit medical professionals or1204
to issue discipline, suspension, restoration, investigations, hearings on fitness, immunity, and1205
publication of final disciplinary actions, by adding two new subsections to read as follows:1206
"(a.1) Notwithstanding paragraphs (3), (3.1), (4), and (11) of subsection (a) of this Code1207
section, the medical board shall refuse to grant a license to an individual or shall revoke a1208
license only if a conviction directly relates to the occupation for which the license is sought1209
- 47 - LC 36 5900S
or held and granting the license would pose a direct and substantial risk to public safety1210
because the individual has not been rehabilitated to safely perform the duties and1211
responsibilities of the practice of medicine. In determining if a conviction directly relates1212
to the occupation for which the license is sought or held, the medical board shall consider:1213
(1) The nature and seriousness of the offense and the direct relationship of the criminal1214
conduct to the duties and responsibilities of the occupation for which the license is sought1215
or held;1216
(2) The age of the individual at the time the offense was committed;1217
(3) The length of time elapsed since the offense was committed;1218
(4) All circumstances relative to the offense, including, but not limited to, mitigating1219
circumstances or social conditions surrounding the commission of the offense; and1220
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1221
for which the license is sought or held, including, but not limited to:1222
(A) The completion of the criminal sentence;1223
(B) A program and treatment certificate issued by the Board of Corrections;1224
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1225
program;1226
(D) Testimonials and recommendations, which may include a progress report from the1227
individual's probation or parole officer;1228
(E) Education and training;1229
(F) Employment history;1230
(G) Employment aspirations;1231
(H) The individual's current family or community responsibilities, or both;1232
(I) Whether a bond is required to practice the occupation;1233
(J) Any affidavits or other written documents, including, but not limited to, character1234
references; and1235
(K) Any other information regarding rehabilitation the individual submits to the board.1236
- 48 - LC 36 5900S
(6) In determining whether to terminate and revoke a license, the board shall not consider1237
nor require an individual to disclose:1238
(A) A deferred adjudication, discharged first offender treatment, completed diversion1239
program, completed conditional discharge, or an arrest not followed by a conviction;1240
(B) A conviction for which no sentence of incarceration can be imposed;1241
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1242
pardoned, provided that the board may consider a plea for which an individual is1243
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1244
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1245
(D) A juvenile adjudication;1246
(E) A misdemeanor conviction older than five years, unless the offense of conviction1247
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1248
(F) A conviction older than five years for which the individual was not incarcerated,1249
or a conviction for which the individual's incarceration ended more than five years1250
before the date of the board's consideration, except for a felony conviction related to:1251
(i) A criminal sexual act;1252
(ii) Criminal fraud or embezzlement;1253
(iii) Aggravated assault;1254
(iv) Aggravated robbery;1255
(v) Aggravated abuse, neglect, or endangerment of a child;1256
(vi) Arson;1257
(vii) Carjacking;1258
(viii) Kidnapping; or1259
(ix) Manslaughter, homicide, or murder.1260
(a.2)(1) Notwithstanding any other provision of law, an individual with a criminal1261
record, who has been domiciled in the State of Georgia for five years or more, may1262
petition the board at any time, including while incarcerated and before starting or1263
- 49 - LC 36 5900S
completing any required professional qualifications for licensure, for a predetermination1264
as to whether the individual's criminal record will disqualify him or her from obtaining1265
a license.1266
(2) The petition for predetermination shall include the individual's criminal record or1267
authorize the board to obtain the individual's criminal record. The petitioning individual1268
need not disclose any offenses falling under paragraph (a.1)(6) of this Code section. The1269
petition shall also include any information the petitioner chooses to submit concerning1270
the circumstances of their record and their rehabilitation.1271
(3) In considering predetermination petitions, the professional licensing board shall apply1272
the direct relationship standard in subsection (a.1) of this subsection and shall not1273
consider any offenses falling under paragraph (a.1)(6) of this Code section. The board1274
shall support any adverse predetermination by justifying that it is substantially more1275
likely than not that a criminal record supports an adverse licensing decision.1276
(4) A predetermination made under this subsection that a petitioner is eligible for a1277
license shall be binding on the board only if the petitioner applies for licensure, fulfills1278
all other requirements for the occupational license, and the petitioner's submitted criminal1279
record was correct and remains unchanged at the time of his or her application for a1280
license.1281
(5) If a petitioner's criminal record includes matters that may disqualify the petitioner1282
from licensure, the board shall notify the petitioner of the potentially disqualifying1283
convictions. The letter of concern shall advise the petitioner of their opportunity to1284
submit additional evidence of rehabilitation and mitigation or for a hearing, or both.1285
(6) The board may predetermine that the petitioner's criminal record is likely grounds for1286
denial of a license only after the board has held a hearing on the petitioner's eligibility in1287
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The1288
hearing shall be held in person, by remote video, or by teleconference within 60 days of1289
receipt of the predetermination petition. The individual shall have the opportunity to1290
- 50 - LC 36 5900S
include character witnesses at the hearing, including but not limited to family members,1291
friends, past or prospective employers, probation or parole officers, and rehabilitation1292
counselors, who may offer their verbal or written support. The board shall not make an1293
adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The1294
board shall issue a final decision within 60 days of complete submission of the issue for1295
consideration or the hearing, whichever is later.1296
(7) If the board decides that a predetermination petitioner is ineligible for a license, the1297
board shall notify the petitioner of the following:1298
(A) The grounds and rationale for the predetermination, including any of the1299
petitioner's specific convictions and the factors provided for in subsection (a.2) of this1300
Code section the board deemed directly relevant;1301
(B) An explanation of the process and right to appeal the board's predetermination1302
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and1303
(C) Any actions the petitioner may take to remedy the disqualification. An individual1304
who receives a predetermination of ineligibility may submit a revised petition reflecting1305
completion of the remedial actions. The individual may submit a new petition to the1306
board not before one year following a final judgment on their initial petition or upon1307
completing the remedial actions, whichever is earlier.1308
(8) The denial of a predetermination petition because of the applicant's criminal record1309
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative1310
hearing or civil action reviewing the denial of a predetermination petition, the board shall1311
have the burden of proving that the applicant's criminal record directly relates to the1312
licensed occupation."1313
- 51 - LC 36 5900S
SECTION 2-15.1314
Said title is further amended in Code Section 43-34-107, relating to termination of approval1315
and revocation of licenses of physician assistants by the Composite Medical Board, notice1316
and hearing, and sanctions, by revising subsection (a) as follows:1317
"(a)(1) The approval of a physician's utilization of a physician assistant may be1318
terminated and the license revoked by the board when, after due notice and a hearing, in1319
accordance with this Code section, it shall find that the assistant is incompetent or has1320
committed unethical or immoral acts, including, but not limited to, holding himself or1321
herself out or permitting another to represent him or her as a licensed physician;1322
performing otherwise than at the direction of a physician approved by the board to utilize1323
the assistant's services; habitually using intoxicants or drugs to such an extent that he or1324
she is unable safely to perform as an assistant to the physician; or being convicted in any1325
court, state or federal, of any felony or other criminal offense involving moral turpitude1326
covered misdemeanor.1327
(2) The board shall recommend action to terminate and revoke on the basis of a criminal1328
conviction or adjudication only if the conviction or adjudication directly relates to the1329
role of a physician assistant. In determining if a criminal conviction or adjudication1330
directly relates to the role of a physician assistant, the board shall consider:1331
(A) The nature and seriousness of the crime and the direct relationship of the criminal1332
conduct to the duties and responsibilities of the physician assistant;1333
(B) The age of the individual at the time such crime was committed;1334
(C) The length of time elapsed since such crime was committed;1335
(D) All circumstances relative to such crime, including, but not limited to, mitigating1336
circumstances or social conditions surrounding the commission of the offense; and1337
(E) Evidence of rehabilitation and present fitness to perform the duties of the1338
occupation for which the certificate is sought or held, including, but not limited to:1339
(i) The completion of the criminal sentence;1340
- 52 - LC 36 5900S
(ii) A program and treatment certificate issued by the Board of Corrections;1341
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1342
treatment program;1343
(iv) Testimonials and recommendations, which may include a progress report from1344
the individual's probation or parole officer;1345
(v) Education and training;1346
(vi) Employment history;1347
(vii) Employment aspirations;1348
(viii) The individual's current family or community responsibilities, or both;1349
(ix) Whether a bond is required to practice the occupation;1350
(x) Any affidavits or other written documents, including, but not limited to, character1351
references; and1352
(xi) Any other information regarding rehabilitation the individual submits to the1353
board.1354
(3) In determining whether to terminate and revoke a license, the board or investigator1355
shall not consider nor require an individual to disclose:1356
(A) A deferred adjudication, discharged first offender treatment, completed diversion1357
program, completed conditional discharge, or an arrest not followed by a conviction;1358
(B) A conviction for which no sentence of incarceration can be imposed;1359
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1360
pardoned, provided that the board may consider a plea for which an individual is1361
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1362
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1363
(D) A juvenile adjudication;1364
(E) A misdemeanor conviction older than five years, unless the offense of conviction1365
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1366
- 53 - LC 36 5900S
(F) A conviction older than five years for which the individual was not incarcerated,1367
or a conviction for which the individual's incarceration ended more than five years1368
before the date of the board's consideration, except for a felony conviction related to:1369
(i) A criminal sexual act;1370
(ii) Criminal fraud or embezzlement;1371
(iii) Aggravated assault;1372
(iv) Aggravated robbery;1373
(v) Aggravated abuse, neglect, or endangerment of a child;1374
(vi) Arson;1375
(vii) Carjacking;1376
(viii) Kidnapping; or1377
(ix) Manslaughter, homicide, or murder."1378
SECTION 2-16.1379
Said title is further amended in Code Section 43-34-283, relating to licensure requirements1380
for pain management clinics by the Composite Medical Board, by revising subsection (d) as1381
follows:1382
"(d)(1) Upon the filing of an application for a license, the board may cause a thorough1383
investigation of the applicant to be made and such investigation may include a criminal1384
background check; provided, however, that the board shall cause a thorough investigation1385
of a new applicant to be made, and such investigation shall include a background check. 1386
If satisfied that the applicant possesses the necessary qualifications, the board shall issue1387
a license. However, the board may issue licenses with varying restrictions to such1388
persons where the board deems it necessary for the purpose of safeguarding the public1389
health, safety, and welfare.1390
(2) The board shall recommend action to deny licensure on the basis of a criminal1391
conviction or adjudication only if the conviction or adjudication directly relates to the1392
- 54 - LC 36 5900S
administration of a pain management clinic. In determining if a criminal conviction or1393
adjudication directly relates to the administration of a pain management clinic, the board1394
shall consider:1395
(A) The nature and seriousness of the crime and the direct relationship of the criminal1396
conduct to the duties and responsibilities of the licensee;1397
(B) The age of the individual at the time such crime was committed;1398
(C) The length of time elapsed since such crime was committed;1399
(D) All circumstances relative to such crime, including, but not limited to, mitigating1400
circumstances or social conditions surrounding the commission of the offense; and1401
(E) Evidence of rehabilitation and present fitness to perform the duties of the1402
occupation for which the certificate is sought or held, including, but not limited to:1403
(i) The completion of the criminal sentence;1404
(ii) A program and treatment certificate issued by the Board of Corrections;1405
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1406
treatment program;1407
(iv) Testimonials and recommendations, which may include a progress report from1408
the individual's probation or parole officer;1409
(v) Education and training;1410
(vi) Employment history;1411
(vii) Employment aspirations;1412
(viii) The individual's current family or community responsibilities, or both;1413
(ix) Whether a bond is required to practice the occupation;1414
(x) Any affidavits or other written documents, including, but not limited to, character1415
references; and1416
(xi) Any other information regarding rehabilitation the individual submits to the1417
board."1418
- 55 - LC 36 5900S
SECTION 2-17.1419
Said title is further amended by revising Code Section 43-34-284, relating to denial,1420
suspension, and revocation of licenses of pain management clinics by the Composite Medical1421
Board, as follows:1422
"43-34-284.1423
(a) In addition to the authority granted in Code Section 43-34-8, a license obtained1424
pursuant to this article may be denied, suspended, or revoked by the board upon finding1425
that the licensee or a physician practicing at a licensed pain management clinic has: 1426
(1) Furnished false or fraudulent material information in any application filed under this1427
chapter;1428
(2) Been convicted of a crime under any state or federal law relating to any controlled1429
substance;1430
(3) Had his or her federal registration to prescribe, distribute, or dispense controlled1431
substances suspended or revoked; or1432
(4) Violated the provisions of this chapter, Chapter 13 of Title 16, or Chapter 4 of Title1433
26.1434
(b) In determining whether to deny, suspend, or revoke a license based upon a criminal1435
conviction or adjudication, the board shall consider:1436
(1) The nature and seriousness of the crime and the direct relationship of the criminal1437
conduct to the duties and responsibilities of the physician practicing at a licensed pain1438
management clinic;1439
(2) The age of the individual at the time such crime was committed;1440
(3) The length of time elapsed since such crime was committed;1441
(4) All circumstances relative to such crime, including, but not limited to, mitigating1442
circumstances or social conditions surrounding the commission of the offense; and1443
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1444
for which the license is sought or held, including, but not limited to:1445
- 56 - LC 36 5900S
(A) The completion of the criminal sentence;1446
(B) A program treatment certificate issued by the Board of Corrections;1447
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1448
program;1449
(D) Testimonials and recommendations, which may include a progress report from the1450
individual's probation or parole officer;1451
(E) Education and training;1452
(F) Employment history;1453
(G) Employment aspirations;1454
(H) The individual's current family or community responsibilities, or both;1455
(I) Whether a bond is required to practice the occupation;1456
(J) Any affidavits or other written documents, including, but not limited to, character1457
references; and1458
(K) Any other information regarding rehabilitation the individual submits to the board."1459
SECTION 2-18.1460
Said title is further amended in Code Section 43-39A-14, relating to grant of licenses for1461
appraisers by the Real Estate Commission and Appraisers Board, grounds for suspension or1462
revocation of license, other sanctions, surrender or lapse, and conviction, by revising1463
subsection (b) as follows:1464
"(b)(1) As used in this subsection, the term:1465
(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of1466
a felony or any crime involving moral turpitude covered misdemeanor, regardless of1467
whether an appeal of the conviction has been brought; a sentencing to first offender1468
treatment without an adjudication of guilt pursuant to a charge of a felony or any crime1469
involving moral turpitude covered misdemeanor; or a plea of nolo contendere to a1470
charge of a felony or any crime involving moral turpitude covered misdemeanor. The1471
- 57 - LC 36 5900S
commission shall have the burden of justifying that it is substantially more likely than1472
not that a criminal record supports an adverse licensing decision.1473
(B) 'Felony' means any offense committed:1474
(i) Within this state and deemed a felony under the laws of this state or under the1475
laws of the United States; or1476
(ii) In another state and deemed a felony under the laws of that state or the laws of1477
the United States.1478
(1.1) No person who has a directly related conviction shall be eligible to become an1479
applicant for a license or an approval authorized by this chapter unless such person has1480
successfully completed all terms and conditions of any sentence imposed for such1481
conviction, provided that if such individual has multiple convictions, at least five years1482
shall have passed since the individual satisfied all terms and conditions of any sentence1483
imposed for the last conviction before making application for licensure or approval; and1484
provided, further, that if such individual has a single conviction, at least two years shall1485
have passed since the individual satisfied all terms and conditions of any sentence1486
imposed for the last conviction before making application for licensure or approval.1487
(1.2) The board shall recommend disciplinary action or denial of an application for a1488
licensure or approval authorized by this chapter on the basis of a criminal conviction or1489
adjudication only if the conviction or adjudication directly relates to the role of an1490
appraiser. In determining if a criminal conviction or adjudication directly relates to the1491
role of an appraiser, the board shall consider:1492
(A) The nature and seriousness of the crime and the direct relationship of the criminal1493
conduct to the duties and responsibilities of the appraiser;1494
(B) The age of the individual at the time such crime was committed;1495
(C) The length of time elapsed since such crime was committed;1496
(D) All circumstances relative to such crime, including, but not limited to, mitigating1497
circumstances or social conditions surrounding the commission of the offense; and1498
- 58 - LC 36 5900S
(E) Evidence of rehabilitation and present fitness to perform the duties of the1499
occupation for which the license is sought or held, including, but not limited to:1500
(i) The completion of the criminal sentence;1501
(ii) A program and treatment certificate issued by the Board of Corrections;1502
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1503
treatment program;1504
(iv) Testimonials and recommendations, which may include a progress report from1505
the individual's probation or parole officer;1506
(v) Education and training;1507
(vi) Employment history;1508
(vii) Employment aspirations;1509
(viii) The individual's current family or community responsibilities, or both;1510
(ix) Any affidavits or other written documents, including, but not limited to, character1511
references; and1512
(x) Any other information regarding rehabilitation the individual submits to the1513
board.1514
(F) In determining whether to terminate and revoke a license, the board shall not1515
consider nor require an individual to disclose:1516
(i) A deferred adjudication, discharged first offender treatment, completed diversion1517
program, completed conditional discharge, or an arrest not followed by a conviction;1518
(ii) A conviction for which no sentence of incarceration can be imposed;1519
(iii) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1520
pardoned, provided that the board may consider a plea for which an individual is1521
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1522
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; or1523
(iv) A juvenile adjudication.1524
- 59 - LC 36 5900S
(1.2)(1.3) A person who has a directly related conviction in a court of competent1525
jurisdiction of this state or any other state shall be eligible to become an applicant for a1526
licensure or an approval authorized by this chapter only if:1527
(A) Such person has satisfied all terms and conditions of any conviction such person1528
may have had before making application for licensure or approval, provided that if such1529
individual has multiple convictions, at least five years shall have passed since the1530
individual satisfied all terms and conditions of any sentence imposed for the last1531
conviction before making application for licensure or approval; and provided, further,1532
that if such individual has been convicted of a single felony or of a single crime of1533
moral turpitude covered misdemeanor, at least two years shall have passed since the1534
individual satisfied all terms and conditions of any sentence imposed for the last1535
conviction before making application for licensure or approval;1536
(B) No criminal charges for forgery, embezzlement, obtaining money under false1537
pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation1538
violation, or a crime involving moral turpitude covered misdemeanor are pending1539
against the person; and1540
(C) Such person presents to the commission satisfactory proof that the person now1541
bears a good reputation for honesty, trustworthiness, integrity, and competence to1542
transact the business of a licensee in such a manner as to safeguard the interest of the1543
public."1544
SECTION 2-19.1545
Said title is further amended in Code Section 43-40-15, relating to grant of licenses for1546
brokers and salespersons by the Real Estate Commission and Appraisers Board, grounds for1547
suspension or revocation of license, other sanctions, surrender or lapse, and conviction, by1548
revising subsection (b) as follows:1549
- 60 - LC 36 5900S
"(b)(1) As used in this Code section, the term:1550
(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of1551
a felony or any crime involving moral turpitude covered misdemeanor, regardless of1552
whether an appeal of the conviction has been brought; a sentencing to first offender1553
treatment without an adjudication of guilt pursuant to a charge of a felony or any crime1554
involving moral turpitude a covered misdemeanor; or a plea of nolo contendere to a1555
charge of a felony or any crime involving moral turpitude covered misdemeanor. The1556
commission shall have the burden of justifying that it is substantially more likely than1557
not that a criminal record supports an adverse licensing decision.1558
(B) 'Felony' means any offense committed:1559
(i) Within this state and deemed a felony under the laws of this state or under the1560
laws of the United States; or1561
(ii) In another state and deemed a felony under the laws of that state or the laws of1562
the United States.1563
(1.1) No person who has a directly related conviction shall be eligible to become an1564
applicant for a license or an approval authorized by this chapter unless such person has1565
successfully completed all terms and conditions of any sentence imposed for such1566
conviction, provided that if such individual has multiple convictions, at least five years1567
shall have passed since the individual satisfied all terms and conditions of any sentence1568
imposed for the last conviction before making application for licensure or approval; and1569
provided, further, that if such individual has a single conviction, at least two years shall1570
have passed since the individual satisfied all terms and conditions of any sentence1571
imposed for the last conviction before making application for licensure or approval.1572
(1.2) The commission shall recommend disciplinary action or denial of an application1573
for a licensure or approval authorized by this chapter on the basis of a criminal conviction1574
or adjudication only if the conviction or adjudication directly relates to the role of the1575
- 61 - LC 36 5900S
license sought. In determining if a criminal conviction or adjudication directly relates to1576
the role of a broker or real estate salesperson, the commission shall consider:1577
(A) The nature and seriousness of the crime and the direct relationship of the criminal1578
conduct to the duties and responsibilities of the licensee;1579
(B) The age of the individual at the time such crime was committed;1580
(C) The length of time elapsed since such crime was committed;1581
(D) All circumstances relative to such crime, including, but not limited to, mitigating1582
circumstances or social conditions surrounding the commission of the offense; and1583
(E) Evidence of rehabilitation and present fitness to perform the duties of the1584
occupation for which the license is sought or held, including, but not limited to:1585
(i) The completion of the criminal sentence;1586
(ii) A program and treatment certificate issued by the Board of Corrections;1587
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1588
treatment program;1589
(iv) Testimonials and recommendations, which may include a progress report from1590
the individual's probation or parole officer;1591
(v) Education and training;1592
(vi) Employment history;1593
(vii) Employment aspirations;1594
(viii) The individual's current family or community responsibilities, or both;1595
(ix) Any affidavits or other written documents, including, but not limited to, character1596
references; and1597
(x) Any other information regarding rehabilitation the individual submits to the1598
commission.1599
(F) In determining whether to terminate and revoke a license, the board shall not1600
consider nor require an individual to disclose:1601
- 62 - LC 36 5900S
(i) A deferred adjudication, discharged first offender treatment, completed diversion1602
program, completed conditional discharge, or an arrest not followed by a conviction;1603
(ii) A conviction for which no sentence of incarceration can be imposed;1604
(iii) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1605
pardoned, provided that the board may consider a plea for which an individual is1606
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1607
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; or1608
(iv) A juvenile adjudication.1609
(1.2)(1.3) A person who has a directly related conviction in a court of competent1610
jurisdiction of this state or any other state shall be eligible to become an applicant for a1611
licensure or an approval authorized by this chapter only if:1612
(A) Such person has satisfied all terms and conditions of any conviction such person1613
may have had before making application for licensure or approval, provided that if such1614
individual has multiple convictions, at least five years shall have passed since the1615
individual satisfied all terms and conditions of any sentence imposed for the last1616
conviction before making application for licensure or approval; and provided, further,1617
that if such individual has been convicted of a single felony or of a single crime of1618
moral turpitude covered misdemeanor, at least two years shall have passed since the1619
individual satisfied all terms and conditions of any sentence imposed for the last1620
conviction before making application for licensure or approval;1621
(B) No criminal charges for forgery, embezzlement, obtaining money under false1622
pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation1623
violation, or a crime involving moral turpitude covered misdemeanor are pending1624
against the person; and1625
(C) Such person presents to the commission satisfactory proof that the person now1626
bears a good reputation for honesty, trustworthiness, integrity, and competence to1627
- 63 - LC 36 5900S
transact the business of a licensee in such a manner as to safeguard the interest of the1628
public."1629
SECTION 2-20.1630
Said title is further amended in Code Section 43-45-9, relating to examination for structural1631
pest control operator certification by the Structural Pest Control Commission, by revising1632
subsection (a) as follows:1633
"(a)(1) All applicants for examination for certification as an operator must have a1634
knowledge of the practical and scientific facts underlying the practice of structural pest1635
control, control of wood-destroying organisms, and fumigation and the necessary1636
knowledge and ability to recognize and control those hazardous conditions which may1637
affect human life and health. The commission may refuse to examine anyone convicted1638
of a crime involving moral turpitude directly related felony or directly related covered1639
misdemeanor.1640
(2) The commission shall refuse to examine an applicant on the basis of a criminal1641
conviction or adjudication only if the conviction or adjudication directly relates to the1642
role of an operator. In determining if a criminal conviction or adjudication directly1643
relates to the role of a pest control operator, the commission shall consider:1644
(A) The nature and seriousness of the crime and the direct relationship of the criminal1645
conduct to the duties and responsibilities of the operator;1646
(B) The age of the individual at the time such crime was committed;1647
(C) The length of time elapsed since such crime was committed;1648
(D) All circumstances relative to such crime, including, but not limited to, mitigating1649
circumstances or social conditions surrounding the commission of the offense; and1650
(E) Evidence of rehabilitation and present fitness to perform the duties of the1651
occupation for which the certificate is sought or held, including, but not limited to:1652
(i) The completion of the criminal sentence;1653
- 64 - LC 36 5900S
(ii) A program and treatment certificate issued by the Board of Corrections;1654
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol1655
treatment program;1656
(iv) Testimonials and recommendations, which may include a progress report from1657
the individual's probation or parole officer;1658
(v) Education and training;1659
(vi) Employment history;1660
(vii) Employment aspirations;1661
(viii) The individual's current family or community responsibilities, or both;1662
(ix) Whether a bond is required to practice the occupation;1663
(x) Any affidavits or other written documents, including, but not limited to, character1664
references; and1665
(xi) Any other information regarding rehabilitation the individual submits to the1666
commission.1667
(3) In determining whether to refuse to examine an applicant, the commission shall not1668
consider nor require an individual to disclose:1669
(A) A deferred adjudication, discharged first offender treatment, completed diversion1670
program, completed conditional discharge, or an arrest not followed by a conviction;1671
(B) A conviction for which no sentence of incarceration can be imposed;1672
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1673
pardoned, provided that the board may consider a plea for which an individual is1674
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another1675
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1676
(D) A juvenile adjudication;1677
(E) A misdemeanor conviction older than five years, unless the offense of conviction1678
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1679
- 65 - LC 36 5900S
(F) A conviction older than five years for which the individual was not incarcerated,1680
or a conviction for which the individual's incarceration ended more than five years1681
before the date of the commission's consideration, except for a felony conviction related1682
to:1683
(i) A criminal sexual act;1684
(ii) Criminal fraud or embezzlement;1685
(iii) Aggravated assault;1686
(iv) Aggravated robbery;1687
(v) Aggravated abuse, neglect, or endangerment of a child;1688
(vi) Arson;1689
(vii) Carjacking;1690
(viii) Kidnapping; or1691
(ix) Manslaughter, homicide, or murder.1692
(4)(A) Notwithstanding any other provision of law, an individual with a criminal1693
record, who has been domiciled in the State of Georgia for five years or more, may1694
petition the commission at any time, including while incarcerated and before starting1695
or completing any required professional qualifications for certification, for a1696
predetermination as to whether the individual's criminal record will disqualify such1697
individual from obtaining a certification as an operator.1698
(B) The petition for predetermination shall include the individual's criminal record or1699
authorize the commission to obtain the individual's criminal record. The petitioning1700
individual need not disclose any offenses falling under paragraph (3) of this subsection. 1701
The petition shall also include any information the petitioner chooses to submit1702
concerning the circumstances of their record and their rehabilitation.1703
(C) In considering predetermination petitions, the commission shall apply the direct1704
relationship standard in paragraph (2) of this subsection and shall not consider any1705
offenses falling under paragraph (3) of this subsection. The commission shall support1706
- 66 - LC 36 5900S
any adverse predetermination by justifying that it is substantially more likely than not1707
that a criminal record supports an adverse licensing decision.1708
(D) A predetermination made under this subsection that a petitioner is eligible for a1709
license shall be binding on the commission only if the petitioner applies for1710
certification, fulfills all other requirements for operator certification, and the petitioner's1711
submitted criminal record was correct and remains unchanged at the time of his or her1712
application for certification.1713
(E) If a petitioner's criminal record includes matters that may disqualify the petitioner1714
from certification, the commission shall notify the petitioner of the potentially1715
disqualifying convictions. The letter of concern shall advise the petitioner of their1716
opportunity to submit additional evidence of rehabilitation and mitigation or for a1717
hearing, or both.1718
(F) The commission may predetermine that the petitioner's criminal record is likely1719
grounds for denial of certification only after the commission has held a hearing on the1720
petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia1721
Administrative Procedure Act.' The hearing shall be held in person, by remote video,1722
or by teleconference within 60 days of receipt of the predetermination petition. The1723
individual shall have the opportunity to include character witnesses at the hearing,1724
including but not limited to family members, friends, past or prospective employers,1725
probation or parole officers, and rehabilitation counselors, who may offer their verbal1726
or written support. The commission shall not make an adverse inference by a1727
petitioner's decision to forgo a hearing or character witnesses. The commission shall1728
issue a final decision within 60 days of complete submission of the issue for1729
consideration or the hearing, whichever is later.1730
(G) If the commission decides that a predetermination petitioner is ineligible for a1731
license, the board shall notify the petitioner of the following:1732
- 67 - LC 36 5900S
(i) The grounds and rationale for the predetermination, including any of the1733
petitioner's specific convictions and the factors provided for in paragraph (3) of this1734
subsection the commission deemed directly relevant;1735
(ii) An explanation of the process and right to appeal the commission's1736
predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative1737
Procedure Act'; and1738
(iii) Any actions the petitioner may take to remedy the disqualification. An1739
individual who receives a predetermination of ineligibility may submit a revised1740
petition reflecting completion of the remedial actions. The individual may submit a1741
new petition to the commission not before one year following a final judgment on1742
their initial petition or upon completing the remedial actions, whichever is earlier.1743
(H) The denial of a predetermination petition because of the applicant's criminal record1744
shall constitute a contested case as defined in Code Section 50-13-2. In an1745
administrative hearing or civil action reviewing the denial of a predetermination1746
petition, the commission shall have the burden of proving that the applicant's criminal1747
record directly relates to the licensed occupation."1748
PART III1749
SECTION 3-1.1750
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by1751
adding a new paragraph to Code Section 20-2-982.1, relating to definitions relative to1752
professional standards of teachers and other school personnel, to read as follows:1753
"(1.1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of1754
whether an appeal of such finding, verdict, or plea has been sought."1755
- 68 - LC 36 5900S
SECTION 3-2.1756
Said title is further is amended by revising Code Section 20-2-984.3, relating to preliminary1757
investigation of violations by the Professional Standards Commission, requirement for1758
automatic investigation, and investigation of sexual offenses, as follows:1759
"20-2-984.3.1760
(a) Upon receipt of a written request from a local board, the state board, or one or more1761
individual residents of this state, the commission shall be authorized to investigate:1762
(1) Alleged violations by an educator of any law of this state pertaining to educators or1763
the profession of education;1764
(2) Alleged violations by an educator of the code of ethics of the commission;1765
(3) Alleged violations by an educator of rules, regulations, or policies of the state board1766
or the commission;1767
(4) Complaints alleging a failure by an educator to meet or comply with standards of1768
performance of the commission or the state board; or1769
(5) Complaints alleging that an educator has been convicted of any directly related1770
felony, of any crime involving moral turpitude directly related covered misdemeanor as1771
defined in Code Section 43-1-1, of any other criminal offense involving the manufacture,1772
distribution, trafficking, sale, or possession of a controlled substance or marijuana as1773
provided for in Chapter 13 of Title 16, or of any other sexual offense as provided for in1774
Code Sections 16-6-1 through 16-6-17 or Code Section 16-6-20, 16-6-22.2, or 16-12-1001775
in the courts of this state or any other state, territory, or country or in the courts of the1776
United States. As used in this paragraph, the term 'convicted' shall include a finding or1777
verdict of guilty or a plea of nolo contendere, regardless of whether an appeal of the1778
conviction has been sought; a situation where first offender treatment without1779
adjudication of guilt pursuant to the charge was granted; and a situation where an1780
adjudication of guilt or sentence was otherwise withheld or not entered on the charge or1781
the charge was otherwise disposed of in a similar manner in any jurisdiction.1782
- 69 - LC 36 5900S
(b) The commission shall decide whether to conduct a preliminary investigation pursuant1783
to this Code section within 30 days of the request unless an extension is granted pursuant1784
to the procedure outlined in subsection (b) of Code Section 20-2-984.5. The commission1785
may appoint a committee of its membership with the power to transact and carry out the1786
business and duties of the commission when deciding whether to conduct a preliminary1787
investigation.1788
(b.1) In investigating whether to deny, diminish, limit, suspend, revoke, refuse to renew,1789
or otherwise withhold a certificate, the commission shall not consider nor require an1790
educator to disclose:1791
(1) A deferred adjudication, discharged first offender treatment, completed diversion1792
program, completed conditional discharge, or an arrest not followed by a conviction;1793
(2) A conviction for which no sentence of incarceration can be imposed;1794
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1795
pardoned, provided that the board may consider a plea for which an individual is1796
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's1797
first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1798
(4) A juvenile adjudication;1799
(5) A misdemeanor conviction older than five years, unless the offense of conviction is1800
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1801
(6) A conviction older than five years for which the individual was not incarcerated, or1802
a conviction for which the individual's incarceration ended more than five years before1803
the date of the commission's consideration, except for a felony conviction related to:1804
(A) A criminal sexual act;1805
(B) Criminal fraud or embezzlement;1806
(C) Aggravated assault;1807
(D) Aggravated robbery;1808
(E) Aggravated abuse, neglect, or endangerment of a child;1809
- 70 - LC 36 5900S
(F) Arson;1810
(G) Carjacking;1811
(H) Kidnapping; or1812
(I) Manslaughter, homicide, or murder.1813
(c) When an educator admits on a Professional Standards Commission application to1814
having resigned or being discharged for committing a felony or misdemeanor involving1815
moral turpitude covered misdemeanor as defined in Code Section 43-1-1 or being under1816
investigation by law enforcement authorities for such conduct or for committing a breach1817
of the code of ethics or for a violation of state education laws or having a criminal history1818
record or having had a surrender, denial, revocation, or suspension of a certificate or being1819
the subject of an investigation or adverse action regarding a certificate, an investigation1820
will automatically open without notification to the commission and with written1821
notification to the educator.1822
(c.1) Notwithstanding subsection (c) of this Code section, the commission shall not1823
consider nor require an educator to disclose on a Professional Standards Commission1824
application:1825
(1) A deferred adjudication, discharged first offender treatment, completed diversion1826
program, completed conditional discharge, or an arrest not followed by a conviction;1827
(2) A conviction for which no sentence of incarceration can be imposed;1828
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1829
pardoned, provided that the board may consider a plea for which an individual is1830
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's1831
first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1832
(4) A juvenile adjudication;1833
(5) A misdemeanor conviction older than five years, unless the offense of conviction is1834
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1835
- 71 - LC 36 5900S
(6) A conviction older than five years for which the individual was not incarcerated, or1836
a conviction for which the individual's incarceration ended more than five years before1837
the date of the commission's consideration, except for a felony conviction related to:1838
(A) A criminal sexual act;1839
(B) Criminal fraud or embezzlement;1840
(C) Aggravated assault;1841
(D) Aggravated robbery;1842
(E) Aggravated abuse, neglect, or endangerment of a child;1843
(F) Arson;1844
(G) Carjacking;1845
(H) Kidnapping; or1846
(I) Manslaughter, homicide, or murder.1847
(d) Notwithstanding the requirements of this Code section, the staff of the commission1848
shall be authorized, without notification to the commission, to immediately open an1849
investigation submitted to the commission by a local school superintendent, with approval1850
of the local board of education, of a complaint by a student against an educator alleging a1851
sexual offense, as provided for in Code Sections 16-6-1 through 16-6-17 or Code Section1852
16-6-20, 16-6-22.2, or 16-12-100.1853
(e)(1) Notwithstanding any other provision of law, an individual with a criminal record,1854
who has been domiciled in the State of Georgia for five years or more, may petition the1855
commission at any time, including while incarcerated and before starting or completing1856
any required professional qualifications for certification, for a predetermination as to1857
whether the individual's criminal record will disqualify him or her from obtaining a1858
certificate.1859
(2) The petition for predetermination shall include the individual's criminal record or1860
authorize the board to obtain the individual's criminal record. The petitioning individual1861
need not disclose any offenses falling under subsection (c.1) of this Code section. The1862
- 72 - LC 36 5900S
petition shall also include any information the petitioner chooses to submit concerning1863
the circumstances of their record and their rehabilitation.1864
(3) In considering predetermination petitions, the commission shall apply the direct1865
relationship standard in subsection (a.1) of Code Section 20-2-984.5 and shall not1866
consider any offenses falling under subsection (c.1) of this Code section. The1867
commission shall support any adverse predetermination by justifying that it is1868
substantially more likely than not that a criminal record supports an adverse licensing1869
decision.1870
(4) A predetermination made under this subsection that a petitioner is eligible for a1871
certificate shall be binding on the commission only if the petitioner applies for1872
certification, fulfills all other requirements for the certificate, and the petitioner's1873
submitted criminal record was correct and remains unchanged at the time of his or her1874
application for a certificate.1875
(5) If a petitioner's criminal record includes matters that may disqualify the petitioner1876
from certification, the commission shall notify the petitioner of the potentially1877
disqualifying convictions. The letter of concern shall advise the petitioner of their1878
opportunity to submit additional evidence of rehabilitation and mitigation or for a1879
hearing, or both.1880
(6) The commission may predetermine that the petitioner's criminal record is likely1881
grounds for denial of a license only after the commission has held a hearing on the1882
petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia1883
Administrative Procedure Act.' The hearing shall be held in person, by remote video, or1884
by teleconference within 60 days of receipt of the predetermination petition. The1885
individual shall have the opportunity to include character witnesses at the hearing,1886
including but not limited to family members, friends, past or prospective employers,1887
probation or parole officers, and rehabilitation counselors, who may offer their verbal or1888
written support. The commission shall not make an adverse inference by a petitioner's1889
- 73 - LC 36 5900S
decision to forgo a hearing or character witnesses. The commission shall issue a final1890
decision within 60 days of complete submission of the issue for consideration or the1891
hearing, whichever is later.1892
(7) If the commission decides that a predetermination petitioner is ineligible for a1893
certificate, the board shall notify the petitioner of the following:1894
(A) The grounds and rationale for the predetermination, including any specific1895
convictions and the factors in subsection (a.1) of Code Section 20-2-984.5 the1896
commission deemed directly relevant;1897
(B) An explanation of the process and right to appeal the commission's1898
predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative1899
Procedure Act'; and1900
(C) Any actions the petitioner may take to remedy the disqualification. An individual1901
who receives a predetermination of ineligibility may submit a revised petition reflecting1902
completion of the remedial actions. The individual may submit a new petition to the1903
commission not before one year following a final judgment on their initial petition or1904
upon completing the remedial actions, whichever is earlier.1905
(8) The denial of a predetermination petition because of the applicant's criminal record1906
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative1907
hearing or civil action reviewing the denial of a predetermination petition, the1908
commission shall have the burden of proving that the applicant's criminal record directly1909
relates to the licensed occupation."1910
SECTION 3-3.1911
Said title is further amended in Code Section 20-2-984.5, relating to preliminary1912
investigations of educators, disciplinary actions, and hearings by the Professional Standards1913
Commission, by adding two new subsections to read as follows:1914
- 74 - LC 36 5900S
"(a.1) The commission shall recommend disciplinary action on the basis of a criminal1915
conviction only if the conviction or adjudication directly relates to the role of an educator. 1916
In determining if a criminal conviction directly relates to the role of an educator, the1917
commission shall consider:1918
(1) The nature and seriousness of the crime and the direct relationship of the criminal1919
conduct to the duties and responsibilities of the educator;1920
(2) The age of the individual at the time such crime was committed;1921
(3) The length of time elapsed since such crime was committed;1922
(4) All circumstances relative to such crime, including, but not limited to, mitigating1923
circumstances or social conditions surrounding the commission of the offense; and1924
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation1925
for which the certificate is sought or held, including, but not limited to:1926
(A) The completion of the criminal sentence;1927
(B) A program and treatment certificate issued by the Board of Corrections;1928
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment1929
program;1930
(D) Testimonials and recommendations, which may include a progress report from the1931
individual's probation or parole officer;1932
(E) Education and training;1933
(F) Employment history;1934
(G) Employment aspirations;1935
(H) The individual's current family or community responsibilities, or both;1936
(I) Whether a bond is required to practice the occupation;1937
(J) Any affidavits or other written documents, including, but not limited to, character1938
references; and1939
(K) Any other information regarding rehabilitation the individual submits to the1940
commission.1941
- 75 - LC 36 5900S
(a.2) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew,1942
or otherwise withhold a license, the commission or investigator shall not consider nor1943
require an individual to disclose:1944
(1) A deferred adjudication, discharged first offender treatment, completed diversion1945
program, completed conditional discharge, or an arrest not followed by a conviction;1946
(2) A conviction for which no sentence of incarceration can be imposed;1947
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or1948
pardoned, provided that the board may consider a plea for which an individual is1949
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's1950
first offender laws, or subsection (a) or (c) of Code Section 16-13-2;1951
(4) A juvenile adjudication;1952
(5) A misdemeanor conviction older than five years, unless the offense of conviction is1953
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or1954
(6) A conviction older than five years for which the individual was not incarcerated, or1955
a conviction for which the individual's incarceration ended more than five years before1956
the date of the commission's consideration, except for a felony conviction related to:1957
(A) A criminal sexual act;1958
(B) Criminal fraud or embezzlement;1959
(C) Aggravated assault;1960
(D) Aggravated robbery;1961
(E) Aggravated abuse, neglect, or endangerment of a child;1962
(F) Arson;1963
(G) Carjacking;1964
(H) Kidnapping; or1965
(I) Manslaughter, homicide, or murder."1966
- 76 - LC 36 5900S
PART IV1967
SECTION 4-1.1968
Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics,1969
is amended by revising subsection (a) of Code Section 26-4-41, relating to qualifications for1970
pharmacist licenses, examination, and internships and other training programs, as follows:1971
"(a) Qualifications. To obtain a license to engage in the practice of pharmacy, an1972
applicant for licensure by examination shall:1973
(1) Have submitted an application in the form prescribed by the board;1974
(2) Have attained the age of majority;1975
(3) Be of good moral character;1976
(4)(3) Have graduated and received a professional undergraduate degree from a college1977
or school of pharmacy as the same may be approved by the board; provided, however,1978
that, since it would be impractical for the board to evaluate a school or college of1979
pharmacy located in another country, the board may accept a graduate from such a school1980
or college so long as the graduate has completed all requirements of the Foreign1981
Pharmacy Equivalency Certification Program administered by the National Association1982
of Boards of Pharmacy. This shall include successful completion of all required1983
examinations and the issuance of the equivalency certificate and be based upon an1984
individual evaluation by the board of the applicant's educational experience, professional1985
background, and proficiency in the English language;1986
(5)(4) Have completed an internship or other program that has been approved by the1987
board or demonstrated to the board's satisfaction that experience in the practice of1988
pharmacy which meets or exceeds the minimum internship requirements of the board;1989
(6)(5) Have successfully passed an examination or examinations approved by the board;1990
and1991
- 77 - LC 36 5900S
(7)(6) Have paid the fees specified by the board for the examination and any related1992
materials and have paid for the issuance of the license."1993
SECTION 4-2.1994
Said title is further amended in Code Section 26-4-60, relating to grounds for suspension,1995
revocation or refusal to grant pharmacist licenses, by revising paragraph (3) of subsection (a)1996
as follows:1997
"(3) Except as prohibited in Code Section 26-4-60.1, for being Being:1998
(A) Convicted of a felony;1999
(B) Convicted of any crime involving moral turpitude covered misdemeanor, as2000
defined in Code Section 43-1-1, in this state or any other state, territory, or country or2001
in the courts of the United States; or2002
(C) Convicted or guilty of violations of the pharmacy or drug laws of this state, or rules2003
and regulations pertaining thereto, or of laws, rules, and regulations of any other state,2004
or of the federal government;"2005
SECTION 4-3.2006
Said title is further amended by adding two new Code sections to read as follows:2007
"26-4-60.1.2008
(a) Notwithstanding paragraph (3) of subsection (a) of Code Section 26-4-60, the board2009
of pharmacy shall refuse to grant a license to an individual or shall revoke a license only2010
if a conviction directly relates to the occupation for which the license is sought or held and2011
granting the license would pose a direct and substantial risk to public safety because the2012
individual has not been rehabilitated to safely perform the duties and responsibilities of the2013
practice of pharmacy. In determining if a conviction directly relates to the occupation for2014
which the license is sought or held, the board of pharmacy shall consider:2015
- 78 - LC 36 5900S
(1) The nature and seriousness of the offense and the direct relationship of the criminal2016
conduct to the duties and responsibilities of the occupation for which the license is sought2017
or held;2018
(2) The age of the individual at the time the offense was committed;2019
(3) The length of time elapsed since the offense was committed;2020
(4) All circumstances relative to the offense, including, but not limited to, mitigating2021
circumstances or social conditions surrounding the commission of the offense; and2022
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2023
for which the license is sought or held, including, but not limited to:2024
(A) The completion of the criminal sentence;2025
(B) A program and treatment certificate issued by the Board of Corrections;2026
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2027
program;2028
(D) Testimonials and recommendations, which may include a progress report from the2029
individual's probation or parole officer;2030
(E) Education and training;2031
(F) Employment history;2032
(G) Employment aspirations;2033
(H) The individual's current family or community responsibilities, or both;2034
(I) Whether a bond is required to practice the occupation;2035
(J) Any affidavits or other written documents, including, but not limited to, character2036
references; and2037
(K) Any other information regarding rehabilitation the individual submits to the board.2038
(b) In determining whether to deny, diminish, limit, suspend, revoke, refuse to renew, or2039
otherwise withhold a license, the board of pharmacy shall not consider nor require an2040
individual to disclose:2041
- 79 - LC 36 5900S
(1) A deferred adjudication, discharged first offender treatment, completed diversion2042
program, completed conditional discharge, or an arrest not followed by a conviction;2043
(2) A conviction for which no sentence of incarceration can be imposed;2044
(3) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or2045
pardoned, provided that the board may consider a plea for which an individual is2046
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another state's2047
first offender laws, or subsection (a) or (c) of Code Section 16-13-2;2048
(4) A juvenile adjudication;2049
(5) A misdemeanor conviction older than five years, unless the offense of conviction is2050
listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or2051
(6) A conviction older than five years for which the individual was not incarcerated, or2052
a conviction for which the individual's incarceration ended more than five years before2053
the date of the board's consideration, except for a felony conviction related to:2054
(A) A criminal sexual act;2055
(B) Criminal fraud or embezzlement;2056
(C) Aggravated assault;2057
(D) Aggravated robbery;2058
(E) Aggravated abuse, neglect, or endangerment of a child;2059
(F) Arson;2060
(G) Carjacking;2061
(H) Kidnapping;2062
(I) Manslaughter, homicide, or murder; or2063
(J) Distribution, manufacturing, or possession of a controlled substance.2064
26-4-60.2.2065
(a) Notwithstanding any other provision of law, an individual with a criminal record, who2066
has been domiciled in the State of Georgia for five years or more, may petition the board2067
- 80 - LC 36 5900S
of pharmacy at any time, including while incarcerated and before starting or completing2068
any required professional qualifications for licensure, for a predetermination as to whether2069
the individual's criminal record will disqualify him or her from obtaining a license.2070
(b) The petition for predetermination shall include the individual's criminal record or2071
authorize the board to obtain the individual's criminal record. The petitioning individual2072
need not disclose any offenses falling under subsection (b) of Code Section 20-4-60.1. The2073
petition shall also include any information the petitioner chooses to submit concerning the2074
circumstances of their record and their rehabilitation.2075
(c) In considering predetermination petitions, the board shall apply the direct relationship2076
standard in subsection (a) of Code Section 26-4-60.1 and shall not consider any offenses2077
falling under subsection (b) of Code Section 26-4-60.1. The board shall support any2078
adverse predetermination by justifying that it is substantially more likely than not that a2079
criminal record supports an adverse licensing decision.2080
(d) A predetermination made under this subsection that a petitioner is eligible for a license2081
shall be binding on the board only if the petitioner applies for licensure, fulfills all other2082
requirements for the licensure, and the petitioner's submitted criminal record was correct2083
and remains unchanged at the time of his or her application for a license.2084
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2085
licensure, the board shall notify the petitioner of the potentially disqualifying convictions. 2086
The letter of concern shall advise the petitioner of their opportunity to submit additional2087
evidence of rehabilitation and mitigation or for a hearing, or both.2088
(f) The board may predetermine that the petitioner's criminal record is likely grounds for2089
denial of a license only after the board has held a hearing on the petitioner's eligibility in2090
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The2091
hearing shall be held in person, by remote video, or by teleconference within 60 days of2092
receipt of the predetermination petition. The individual shall have the opportunity to2093
include character witnesses at the hearing, including but not limited to family members,2094
- 81 - LC 36 5900S
friends, past or prospective employers, probation or parole officers, and rehabilitation2095
counselors, who may offer their verbal or written support. The board shall not make an2096
adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The2097
board shall issue a final decision within 60 days of complete submission of the issue for2098
consideration or the hearing, whichever is later.2099
(g) If the board decides that a predetermination petitioner is ineligible for a license, the2100
board shall notify the petitioner of the following:2101
(1) The grounds and rationale for the predetermination, including the specific2102
convictions and the factors in paragraph (1) of subsection (a) of this Code section the2103
board deemed directly relevant;2104
(2) An explanation of the process and right to appeal the board's predetermination2105
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and2106
(3) Any actions the petitioner may take to remedy the disqualification. An individual2107
who receives a predetermination of ineligibility may submit a revised petition reflecting2108
completion of the remedial actions. The individual may submit a new petition to the2109
board not before one year following a final judgment on their initial petition or upon2110
completing the remedial actions, whichever is earlier.2111
(h) The denial of a predetermination petition because of the applicant's criminal record2112
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative2113
hearing or civil action reviewing the denial of a predetermination petition, the board shall2114
have the burden of proving that the applicant's criminal record directly relates to the2115
licensed occupation."2116
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PART V2117
SECTION 5-1.2118
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code2119
Section 31-7-351, relating to definitions relative to the Georgia long-term care background2120
check program, by revising paragraph (5) as follows:2121
"(5)(A) 'Criminal record' means any of the following:2122
(i) Conviction of a crime;2123
(ii) Arrest, charge, and sentencing for a crime when:2124
(I) A plea of nolo contendere was entered to the crime;2125
(II) First offender treatment without adjudication of guilt was granted to the crime;2126
or2127
(III) Adjudication or sentence was otherwise withheld or not entered for the crime;2128
or2129
(iii) Arrest and charges for a crime if the charge is pending, unless the time for2130
prosecuting such crime has expired pursuant to Chapter 3 of Title 17.2131
(B) Such term shall not include an owner, applicant, or employee for which at least ten2132
years have elapsed from the date of his or her criminal background check since the2133
completion of all of the terms of his or her sentence dates of conviction or adjudication;2134
such term also shall not include an owner, applicant, or employee who has received a2135
general pardon from the State Board of Pardons and Paroles for the convictions;2136
provided, however, that such ten-year period exemption or and pardon exemption shall2137
never apply to any crime identified in subsection (j) of Code Section 42-8-60."2138
- 83 - LC 36 5900S
PART VI2139
SECTION 6-1.2140
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code2141
Section 33-23-21, relating to grounds for refusal, suspension, or revocation of insurance2142
agent licenses, by revising paragraphs (15) and (16) as follows:2143
"(15) Except as otherwise provided in Code Section 33-23-21.2, has Has been convicted2144
of any felony or of any crime involving moral turpitude covered misdemeanor as defined2145
in Code Section 43-1-1 in the courts of this state or any other state, territory, or country2146
or in the courts of the United States; as used in this paragraph and paragraph (16) of this2147
subsection, the term 'felony' shall include any offense which, if committed in this state,2148
would be deemed a felony, without regard to its designation elsewhere; and, as used in2149
this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea2150
of guilty, regardless of whether an appeal of the conviction has been sought;2151
(16) Except as otherwise provided in Code Section 33-23-21.2, has Has been arrested,2152
charged, and sentenced for the commission of any directly related felony, or any crime2153
involving moral turpitude directly related covered misdemeanor as defined in Code2154
Section 43-1-1, where:2155
(A) First offender treatment without adjudication of guilt pursuant to the charge was2156
granted; or2157
(B) An adjudication of guilt or sentence was otherwise withheld or not entered on the2158
charge.2159
The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating2160
to probation of first offenders, or other first offender treatment shall be conclusive2161
evidence of arrest and sentencing for such crime;"2162
- 84 - LC 36 5900S
SECTION 6-2.2163
Said title is further amended by adding two new Code sections to read as follows:2164
"33-23-21.2.2165
Notwithstanding Code Section 33-23-21, the Commissioner shall refuse to grant a license2166
to an individual or shall revoke a license on the basis of a conviction only if such2167
conviction directly relates to the occupation for which the license is sought or held and2168
granting the license would pose a direct and substantial risk to public safety because the2169
individual has not been rehabilitated to safely perform the duties and responsibilities of a2170
licensee. In determining if a conviction directly relates to the occupation for which the2171
license is sought or held, the Commissioner shall consider:2172
(1) The nature and seriousness of the offense and the direct relationship of the criminal2173
conduct to the duties and responsibilities of the occupation for which the license is sought2174
or held;2175
(2) The age of the individual at the time the offense was committed;2176
(3) The length of time elapsed since the offense was committed;2177
(4) All circumstances relative to the offense, including, but not limited to, mitigating2178
circumstances or social conditions surrounding the commission of the offense; and2179
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2180
for which the license is sought or held, including, but not limited to:2181
(A) The completion of the criminal sentence;2182
(B) A program and treatment certificate issued by the Board of Corrections;2183
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2184
program;2185
(D) Testimonials and recommendations, which may include a progress report from the2186
individual's probation or parole officer;2187
(E) Education and training;2188
(F) Employment history;2189
- 85 - LC 36 5900S
(G) Employment aspirations;2190
(H) The individual's current family or community responsibilities, or both;2191
(I) Whether a bond is required to practice the occupation;2192
(J) Any affidavits or other written documents, including, but not limited to, character2193
references; and2194
(K) Any other information regarding rehabilitation the individual submits to the2195
Commissioner.2196
33-23-21.3.2197
(a) Notwithstanding any other provision of law, an individual with a criminal record, who2198
has been domiciled in the State of Georgia for five years or more, may petition the2199
Commissioner at any time, including while incarcerated and before starting or completing2200
any required professional qualifications for licensure, for a predetermination as to whether2201
the individual's criminal record will disqualify him or her from obtaining a license.2202
(b) The petition for predetermination shall include the individual's criminal record or2203
authorize the Commissioner to obtain the individual's criminal record. The petition shall2204
also include information submitted by the petitioner concerning the circumstances of their2205
record and their rehabilitation.2206
(c) In considering predetermination petitions, the Commissioner shall apply the direct2207
relationship standard in Code Section 33-23-21.2.2208
(d) A predetermination made under this subsection that a petitioner is eligible for a license2209
shall be binding on the Commissioner only if the petitioner applies for licensure, fulfills2210
all other requirements for the licensure, and the petitioner's submitted criminal record was2211
correct and remains unchanged at the time of his or her application for a license.2212
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2213
licensure, the Commissioner shall provide notice and opportunity for a hearing in2214
accordance with Chapter 2 of this title.2215
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(f) If, after notice and the opportunity for a hearing, the Commissioner decides that a2216
predetermination petitioner is ineligible for a license, the Commissioner shall notify the2217
petitioner of the following:2218
(1) The grounds and rationale for the predetermination, including the factors in Code2219
Section 33-23-21.2 the Commissioner deemed directly relevant;2220
(2) An explanation of the process and right to appeal the Commissioner's2221
predetermination decision; and2222
(3) Any actions the petitioner may take to remedy the disqualification. An individual2223
who receives a predetermination of ineligibility may submit a revised petition reflecting2224
completion of the remedial actions. The individual may submit a new petition to the2225
Commissioner not before one year following a final judgment on their initial petition or2226
upon completing the remedial actions, whichever is earlier."2227
SECTION 6-3.2228
Said title is further amended by adding two new Code sections to read as follows:2229
"33-23-43.11.2230
Notwithstanding Code Section 33-23-43.10, the Commissioner shall refuse to grant a2231
license to an individual or shall revoke a license on the basis of a conviction only if such2232
conviction directly relates to the occupation for which the license is sought or held and2233
granting the license would pose a direct and substantial risk to public safety because the2234
individual has not been rehabilitated to safely perform the duties and responsibilities of a2235
licensee. In determining if a conviction directly relates to the occupation for which the2236
license is sought or held, the Commissioner shall consider:2237
(1) The nature and seriousness of the offense and the direct relationship of the criminal2238
conduct to the duties and responsibilities of the occupation for which the license is sought2239
or held;2240
(2) The age of the individual at the time the offense was committed;2241
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(3) The length of time elapsed since the offense was committed;2242
(4) All circumstances relative to the offense, including, but not limited to, mitigating2243
circumstances or social conditions surrounding the commission of the offense; and2244
(5) Evidence of rehabilitation and present fitness to perform the duties of the occupation2245
for which the license is sought or held, including, but not limited to:2246
(A) The completion of the criminal sentence;2247
(B) A program and treatment certificate issued by the Board of Corrections;2248
(C) Completion of, or active participation in, a rehabilitative drug or alcohol treatment2249
program;2250
(D) Testimonials and recommendations, which may include a progress report from the2251
individual's probation or parole officer;2252
(E) Education and training;2253
(F) Employment history;2254
(G) Employment aspirations;2255
(H) The individual's current family or community responsibilities, or both;2256
(I) Whether a bond is required to practice the occupation;2257
(J) Any affidavits or other written documents, including, but not limited to, character2258
references; and2259
(K) Any other information regarding rehabilitation the individual submits to the2260
Commissioner.2261
33-23-43.12.2262
(a) Notwithstanding any other provision of law, an individual with a criminal record, who2263
has been domiciled in the State of Georgia for five years or more, may petition the2264
Commissioner at any time, including while incarcerated and before starting or completing2265
any required professional qualifications for licensure, for a predetermination as to whether2266
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the individual's criminal record will disqualify him or her from obtaining a public adjuster's2267
license.2268
(b) The petition for predetermination shall include the individual's criminal record or2269
authorize the Commissioner to obtain the individual's criminal record. The petition shall2270
also include information submitted by the petitioner concerning the circumstances of their2271
record and their rehabilitation.2272
(c) In considering predetermination petitions, the Commissioner shall apply the direct2273
relationship standard in Code Section 33-23-43.11.2274
(d) A predetermination made under this subsection that a petitioner is eligible for a license2275
shall be binding on the Commissioner only if the petitioner applies for licensure, fulfills2276
all other requirements for the licensure, and the petitioner's submitted criminal record was2277
correct and remains unchanged at the time of his or her application for a license.2278
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from2279
licensure, the Commissioner shall provide notice and opportunity for a hearing in2280
accordance with Chapter 2 of this title.2281
(f) If, after notice and the opportunity for a hearing, the Commissioner decides that a2282
predetermination petitioner is ineligible for a license, the Commissioner shall notify the2283
petitioner of the following:2284
(1) The grounds and rationale for the predetermination, including the specific2285
convictions and the factors in Code Section 33-23-43.11 the Commissioner deemed2286
directly relevant;2287
(2) An explanation of the process and right to appeal the Commissioner's2288
predetermination decision; and2289
(3) Any actions the petitioner may take to remedy the disqualification. An individual2290
who receives a predetermination of ineligibility may submit a revised petition reflecting2291
completion of the remedial actions. The individual may submit a new petition to the2292
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Commissioner not before one year following a final judgment on their initial petition or2293
upon completing the remedial actions, whichever is earlier."2294
PART VII2295
SECTION 7-1.2296
Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter2297
standards and training is amended by adding a new subsection to Code Section 25-4-8,2298
relating to qualifications of firefighters generally, to read as follows:2299
"(d) A person who pleaded guilty to a felony offense under the 'Georgia First Offender Act'2300
and successfully completed the terms of his or her sentence pursuant to Article 3 of Chapter2301
8 of Title 42 may, at the council's discretion, be certified and employed as a firefighter if2302
such person otherwise meets the qualifications set forth in this Code section. Such person2303
shall provide information on the circumstances underlying the plea of guilty, as requested2304
by the council, to enable the council to make an informed decision on such individual's2305
qualification status."2306
PART VIII2307
SECTION 8-1.2308
Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to2309
Georgia Crime Information Center, is amended in Code Section 35-3-37, relating to review2310
of individual's criminal history record information, definitions, privacy considerations,2311
written application requesting review, and inspection, by revising divisions (j)(4)(B)(xvi),2312
(j)(4)(B)(xvii), and (j)(4)(B)(xviii), subparagraph (j)(4)(C), paragraph (7) of subsection (j),2313
and subsections (m) and (v) as follows:2314
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"(xvi) Any offense related to minors generally in violation of Part 2 of Article 3 of2315
Chapter 12 of Title 16; or2316
(xvii) Theft in violation of Chapter 8 of Title 16; provided, however, that such2317
prohibition shall not apply to a misdemeanor conviction of shoplifting or refund fraud2318
in violation of Code Section 16-8-14 or 16-8-14.1, as applicable; or2319
(xviii) Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40.2320
(C) An individual shall be limited to filing a petition under this paragraph to a lifetime2321
maximum of requesting record restriction on two convictions for a misdemeanor or a2322
series of misdemeanors arising from a single incident. For the purposes of this2323
subparagraph, the conviction of two or more offenses charged in separate counts of one2324
or more accusations consolidated for trial shall be deemed to be one conviction. If a2325
petition under this subsection has been denied, an individual may file a subsequent2326
petition on the same conviction for a misdemeanor or series of misdemeanors arising2327
from a single incident after the expiration of two years from the date of the final order2328
from the previous petition."2329
"(7) When an individual was convicted in this state of an offense for which that2330
individual has been granted a pardon from the State Board of Pardons and Paroles as2331
provided in the Constitution and Code Section 42-9-42, provided that the offense was not2332
a serious violent felony as such term is defined in Code Section 17-10-6.1 or a sexual2333
offense as such term is defined in Code Section 17-10-6.2, and provided, further, that2334
such individual has not been convicted of any crime in any jurisdiction, excluding any2335
conviction for a nonserious traffic offense, since the pardon was granted, and provided,2336
further, that he or she has no pending charged offenses, he or she may petition the court2337
in which the conviction occurred to restrict access to criminal history record information. 2338
Such court shall maintain jurisdiction over the case for this limited purpose and duration. 2339
Such petition shall be served on the prosecuting attorney. If a hearing is requested, such2340
hearing shall be held within 90 days of the filing of the petition. If the court finds that the2341
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criteria for such petition are met, the court shall grant an order restricting such criminal2342
history record information. The court shall hear evidence and shall grant an order2343
restricting such criminal history record information if it determines that the harm2344
otherwise resulting to the individual clearly outweighs the public's interest in the criminal2345
history record information being publicly available."2346
"(m)(1) For criminal history record information maintained by the clerk of court, an2347
individual who has a record restricted pursuant to Code Section 17-10-21 or this Code2348
section or an individual who has been cited for a criminal offense but was not arrested2349
and the charged offense was subsequently dismissed, nolle prossed, or reduced to a2350
violation of a local ordinance may petition the court with original jurisdiction over the2351
offenses in the county where the clerk of court is located for an order to seal all criminal2352
history record information maintained by the clerk of court for such individual's charged2353
offense. Notice of such petition shall be sent to the clerk of court and the prosecuting2354
attorney. A notice sent by registered or certified mail or statutory overnight delivery shall2355
be sufficient notice.2356
(2) The court shall order all criminal history record information in the custody of the2357
clerk of court, including within any index, to be restricted and unavailable to the public2358
if the court finds by a preponderance of the evidence that:2359
(A) The criminal history record information has been restricted pursuant to this Code2360
section; and2361
(B) The harm otherwise resulting to the privacy of the individual clearly outweighs the2362
public interest in the criminal history record information being publicly available.2363
(3) Notwithstanding paragraph (2) of this subsection, the court shall order all criminal2364
history record information in the custody of the clerk of court, including within any2365
index, to be restricted and unavailable to the public if the criminal history record has been2366
restricted pursuant to paragraph (7) of subsection (j) of this Code section.2367
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(4) Within 60 days of the court's order, the clerk of court shall cause every document,2368
physical or electronic, in its custody, possession, or control to be restricted."2369
"(v)(1) Information restricted and sealed pursuant to this Code section shall always be2370
available for inspection, copying, and use:2371
(A) For the purpose of imposing a sentence under Article 3 of Chapter 8 of Title 42;2372
(B) By the Judicial Qualifications Commission;2373
(C) By an attorney representing an accused individual who submits a sworn affidavit2374
to the clerk of court attesting that such information is relevant to a criminal proceeding;2375
(D) By a prosecuting attorney or a public defender;2376
(E) Pursuant to a court order; and2377
(F) By an individual who is the subject of restricted criminal history record information2378
or sealed court files; and2379
(G) By criminal justice agencies for law enforcement or criminal investigative2380
purposes.2381
(2) The confidentiality of such information shall be maintained insofar as practicable."2382
PART IX2383
SECTION 9-1.2384
Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first2385
offenders, is amended in Code Section 42-8-66, relating to petition for exoneration and2386
discharge, hearing, retroactive grant of first offender status, and no filing fee, by revising2387
paragraph (1) of subsection (a) and subsection (d) as follows:2388
"(a)(1) An individual who qualified for sentencing pursuant to this article but who was2389
not informed of his or her eligibility for first offender treatment may, with the consent of2390
the prosecuting attorney, petition the court in which he or she was convicted for2391
exoneration of guilt and discharge pursuant to this article."2392
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"(d) The court may issue an order retroactively granting first offender treatment and2393
discharge the defendant pursuant to this article if the court finds by a preponderance of the2394
evidence that the defendant was eligible for sentencing under the terms of this article at the2395
time he or she was originally sentenced or that he or she qualifies for sentencing under2396
paragraph (2) of subsection (a) of this Code section and the ends of justice and the welfare2397
of society are served by granting such petition; provided, however, that no relief pursuant2398
to this subsection may be given on a conviction that was used as the underlying conviction2399
for a conviction for violating Code Section 16-11-131 or if the conviction was used to2400
enhance a sentence pursuant to Code Section 17-10-7."2401
PART X2402
SECTION 10-1.2403
Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational2404
therapists, is amended by revising paragraph (12) of Code Section 43-28-3, relating to2405
definitions, and by adding a new paragraph to read as follows:2406
"(1.1) 'Dry needling' means a skilled technique that uses a thin filiform needle to2407
penetrate the skin and stimulate underlying neural, muscular, and connective tissues for2408
the management of neuromusculoskeletal conditions, pain, and movement impairments. 2409
Such term shall not include the teaching or application of acupuncture.2410
"(12) 'Physical agent modalities' means occupational therapy treatment techniques, both2411
superficial and deep tissue, which may, but are not required to utilize the following2412
agents: thermal, mechanical, electromagnetic, water, and light, and dry needling for a2413
specific therapeutic effect to promote functional outcomes."2414
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SECTION 10-2.2415
Said chapter is further amended by revising Code Section 43-28-8, relating to license2416
requirements for therapy techniques involving physical agent modalities, as follows:2417
"43-28-8.2418
(a) No person shall utilize occupational therapy techniques involving physical agent2419
modalities unless such person:2420
(1) Is licensed according to this article; and2421
(2) Has successfully completed a minimum of 90 hours of instruction or training2422
approved by the board which covers the following subjects:2423
(A) Principles of physics related to specific properties of light, water, temperature,2424
sound, or electricity, as indicated by selected modality;2425
(B) Physiological, neurophysiological, and electrophysiological, as indicated, changes2426
which occur as a result of the application of the selected modality;2427
(C) The response of normal and abnormal tissue to the application of the modality;2428
(D) Indications and contraindications related to the selection and application of the2429
modality;2430
(E) Guidelines for treatment or administration of the modality within the philosophical2431
framework of occupational therapy;2432
(F) Appropriate selection and practical application of physical agent modalities,2433
including determining treatment parameters based on existing pathology, impairments,2434
functional limitations, and expected outcomes;2435
(G) Guidelines for educating the patient, including instructing the patient as to the2436
process and possible outcomes of treatment, including risks and benefits;2437
(H) Safety rules and precautions related to the selected modality;2438
(I) Methods for documenting the effectiveness of immediate and long-term effects of2439
treatment; and2440
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(J) Characteristics of the equipment, including safe operation, adjustment, and care of2441
the equipment.2442
(b)(1) No occupational therapist shall perform dry needling unless he or she:2443
(A) Is certified to use physical agent modalities;2444
(B) Has a minimum of three years of clinical experience as a licensed occupational2445
therapist; provided, however, that the board may, in its discretion, accept a lesser2446
amount of clinical experience if the board receives documentation of completion of2447
courses specifically in dry needling taken while in attendance at an occupational2448
therapy program recognized by the board; and2449
(C) Has documented successful completion of coursework in dry needling acceptable2450
to the board that includes study of musculoskeletal and neuromuscular systems; the2451
anatomical basis of pain mechanisms, chronic pain, and referred pain; myofascial2452
trigger point theory; and universal precautions. Such coursework shall also include2453
postgraduate instruction in:2454
(i) Anatomical review for safety and effectiveness;2455
(ii) Indications and contraindications for dry needling;2456
(iii) Management of adverse effects; and2457
(iv) Evidence based instruction in the theory of dry needling.2458
(2) Except for remote study or self-study required as a part of postgraduate coursework2459
in dry needling, online instruction shall not be considered appropriate training.2460
(3)(A) In order to perform dry needling on a patient's upper extremities, an2461
occupational therapist shall have successfully completed a minimum of 28 hours of2462
postgraduate instruction, of which a minimum of 22 hours shall have been in-person2463
postgraduate instruction in dry needling on upper extremities in a course acceptable to2464
the board.2465
(B) In order to perform dry needling on a patient's lower extremities, an occupational2466
therapist shall meet the requirements of subparagraph (A) of this paragraph and shall2467
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have successfully completed a minimum of an additional 40 hours of in-person2468
postgraduate instruction in dry needling on lower extremities in a course acceptable to2469
the board.2470
(4) An occupational therapist shall not perform dry needling unless the patient has signed2471
an informed consent, which shall be maintained in the patient's medical record. The2472
written informed consent shall clearly state the risks and benefits of dry needling, the2473
occupational therapist's level of education and training in dry needling, and any other2474
information required by the board.2475
(b)(c) The board shall promulgate rules and regulations specifically pertaining to the use2476
of physical agent modalities by a person licensed under this article."2477
PART XI2478
SECTION 11-1.2479
(a) Except as provided in subsection (b) of this section, this Act shall become effective on2480
July 1, 2024.2481
(b) Parts 1 through 7 of this Act shall become effective on January 1, 2025, and shall apply2482
to all applications for licensure submitted on or after such date.2483
SECTION 11-2.2484
All laws and parts of laws in conflict with this Act are repealed.2485
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