Registry check required; validation of licensing

(a) A registry check of an owner, applicant, or employee shall be required prior to a criminal background check and shall be initiated by the applicable facility. A registry check shall be performed by such facility and may include reviewing registries of any other states in which the applicant previously resided. If an applicant has not resided in this state for at least two years, the facility shall conduct registry checks of each state in which the applicant resided for the previous two years, as represented by such applicant or as otherwise determined by the applicable facility. (b) If applicable to an owner, applicant, or employee, a query of available information maintained by the Georgia Composite Medical Board, the Secretary of State, or other applicable licensing boards shall be conducted prior to a criminal background check to validate that such individual’s professional license is in good standing. (c) Except as provided in subsection (c) of Code Section 31-7-359, nothing in this Code section shall be construed to limit the responsibility or ability of a facility to screen owners, applicants, or employees through additional methods. History. — Code 1981, § 31-7-352, enacted by Ga. L. 1995, p. 570, § 1; Ga. L. 2018, p. 611, § 1-4/SB 406. The 2018 amendment, effective October 1, 2019, rewrote this Code section. Editor’s notes. — This Code section formerly pertained to a request for criminal record check and employment application form notice. This Code section was based on Ga. L. 1995, p. 570, § 1 and was repealed by Ga. L. 2018, p. 611, § 1-4/SB 406, effective October 1, 2019. 412 31-7-353 31-7-353. Records check application; transmittal of fingerprints; penalties for unauthorized release or disclosure of information. (a) Accompanying any application for a new license, the candidate facility shall furnish to the department a records check application for each owner and each applicant and employee. In lieu of such records check application, such facility may submit evidence, satisfactory to the department, that within the immediately preceding 12 months each owner and each applicant or employee received a satisfactory determination that includes a records check clearance date that is no more than 12 months old, or that any owner, applicant, or employee whose fingerprint records check determination revealed a criminal record of any kind has subsequently received a satisfactory determination. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33. (b) On or before January 1, 2021, each owner and employee of a currently licensed facility shall furnish to the department a records check application. In lieu of such records check application, a facility may submit evidence, satisfactory to the department, that within the immediately preceding 12 months each owner and employee received a satisfactory determination. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33. (c) Upon receipt of fingerprints submitted pursuant to a records check application, GCIC shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and shall promptly conduct a search of its own records and records to which it has access. Within ten days after receiving fingerprints acceptable to GCIC, it shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau’s report, the department shall make a determination about an owner’s, applicant’s, or employee’s criminal record. (d) Neither GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section. (e) All information received from the Federal Bureau of Investigation or GCIC shall be used exclusively for employment or licensure 413 31-7-354 purposes and shall not be released or otherwise disclosed to any other person or agency. All such information collected by the department shall be maintained by the department pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and GCIC, as is applicable. (f ) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention. History. — Code 1981, § 31-7-353, enacted by Ga. L. 2001, p. 806, § 3; Ga. L. 2018, p. 611, § 1-4/SB 406; Ga. L. 2019, p. 308, § 1/HB 91; Ga. L. 2019, p. 1056, § 31/SB 52. The 2018 amendment, effective October 1, 2019, rewrote this Code section. The 2019 amendments. — The first 2019 amendment, effective October 1, 2019, in subsection (a), substituted ‘‘owner and each applicant’’ for ‘‘owner, applicant,’’ near the middle of the second sentence and added the third sentence; added the third sentence in subsection (b); substituted ‘‘records’’ for ‘‘record’’ near the middle of the first sentence in subsection (c); and added subsection (f ). The second 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted ‘‘records check application’’ for ‘‘record check application’’ in the first sentence of subsection (c).