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GeorgiaHB 10972025-2026 Regular SessionHouse

Mental health; criminal background, license status, and registry checks for owners, applicants, and employees of certain mental health facilities; provide

Sponsored By: Mike Cameron (Republican), Katie Dempsey (Republican), Scott Hilton (Republican), Jesse Petrea (Republican), Steven Sainz (Republican)

Signed by Governor

Public and Community HealthHealth and Human ServicesGeneral Bill

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 2 costs, 3 mixed.

Required checks for care facility roles

Georgia requires registry and criminal checks for each covered facility owner, applicant, and employee before license approval, with repeat checks scheduled by rule. Registry checks come first; applicants living in Georgia less than two years need checks in each state where they lived during those two years. Covered license candidates, owners, applicants, and employees must submit full fingerprint sets. The Georgia Crime Information Center handles state checks and must request a national check when a state criminal record is found. Without a disqualifying state record, it is authorized to submit fingerprints for a national check. Disqualifying convictions, applicable registry listings, or substantiated abuse, neglect, or property misuse bar covered work; an ineligible or registry-listed owner triggers license refusal or revocation.

Care facilities face employee screening penalties

Covered mental health facilities must terminate employees found ineligible or who fail a registry check. A facility owes $500 per liable day after it knew or should have known about the employee's criminal record. The total civil penalty is capped at $10,000. No penalty applies during an administrative review or appeal period when the facility is allowed to retain the employee.

Workers can challenge failed screening decisions

Facility job applications must clearly state that state and national background checks are required for employment. Applicants and employees can ask about record accuracy and challenge mistaken registry identity matches. Affected people can appeal under Georgia's administrative procedure law after completing any administrative review the department offers by rule. Hearing officers must consider time since the crime, no additional charges, the crime's circumstances, and signs of rehabilitation. Owner-based license cases also require consideration of facility compliance and owner involvement; required license hearings need prosecuting-attorney notice at least 30 days ahead.

Facilities gain limited hiring lawsuit protections

Mental health facilities gain protection from negligent-hiring claims based on covered criminal records after a favorable screening or final review decision. This protection does not cover other information the facility knew or should have known. An eligible determination also creates a presumption of reasonable care that can be challenged for specified criminal-record claims. Facilities need not conduct other types of criminal-history checks and are not liable solely for skipping them.

Background check fees follow actual costs

Georgia bases national care-provider background-check fees on the cost of conducting each check. This replaces the prior reference to reasonable costs allowed under federal law. Cost-based fees can be higher or lower than fees under the prior standard. The law sets no dollar amount and does not specify who ultimately pays each fee.

More screening oversight with privacy rules

Georgia's behavioral health department can obtain conviction records for its employees and job finalists, including those of contractors. This covers client-care roles and jobs accessing financial, health, criminal-history, or other legally protected information. Mental health facilities must keep confidential employee eligibility, registry, and applicable license-check records available to the department and enforcement officials. The department can require extra owner or employee checks during investigations or after learning of an arrest. Screening data is limited to employment or license decisions; authorized fingerprint retention requires notice, and misuse or unauthorized disclosure carries penalties.

Wider screening for care workers

Georgia expands national criminal-history screening for people working, contracting, or volunteering with covered agencies and care providers. It also covers owners, operators, and people who have or seek supervised or unsupervised access to care recipients. The broader checks help protect care recipients but add screening requirements for covered roles. The reviewing agency must make reasonable efforts to share its fitness decision within 15 business days after receiving results.

Sponsors & Cosponsors

Sponsors

  • Mike Cameron

    Republican • House

  • Katie Dempsey

    Republican • House

  • Scott Hilton

    Republican • House

  • Jesse Petrea

    Republican • House

  • Steven Sainz

    Republican • House

Cosponsors

  • Matt Brass

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 368 • No: 4

House vote • 3/27/2026

Agree to Senate Substitute

Yes: 160 • No: 2 • Other: 7

Senate vote • 3/20/2026

PASSAGE BY SUBSTITUTE

Yes: 44 • No: 0 • Other: 5

House vote • 2/26/2026

PASSAGE

Yes: 164 • No: 2 • Other: 6

Actions Timeline

  1. Effective Date

    7/1/2026

  2. House Date Signed by Governor

    5/11/2026House

  3. Act 444

    5/11/2026

  4. House Sent to Governor

    4/10/2026House

  5. House Agreed Senate Amend or Sub

    3/27/2026House

  6. Senate Third Read

    3/20/2026Senate

  7. Senate Passed/Adopted By Substitute

    3/20/2026Senate

  8. Senate Read Second Time

    3/19/2026Senate

  9. Senate Committee Favorably Reported By Substitute

    3/18/2026Senate

  10. Senate Read and Referred

    3/3/2026Senate

  11. House Third Readers

    2/26/2026House

  12. House Passed/Adopted By Substitute

    2/26/2026House

  13. House Committee Favorably Reported By Substitute

    2/18/2026House

  14. House Second Readers

    2/3/2026House

  15. House First Readers

    2/2/2026House

  16. House Hopper

    1/29/2026House

Bill Text

  • HB 1097/AP* (v8)

    PDF

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