Confidentiality of applicant information

(a) The following shall be available to the board and the board’s employees and agents, but shall be treated as confidential, not subject to Article 4 of Chapter 18 of Title 50, and shall not be disclosed without the approval of the board: (1) Applications and other personal information submitted by applicants, except to the applicant; (2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant; and (3) Examination questions and other examination materials. (b) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes, shall be treated as confidential and not subject to Article 4 of Chapter 18 of Title 50; provided, however, that such deliberations may be released only to a federal enforcement agency or licensing authority or any other state’s enforcement agency or licensing authority. (c) Releasing the documents pursuant to this Code section shall not subject any otherwise privileged documents to the provisions of Article 4 of Chapter 18 of Title 50. History. Code 1981, § 43-3-25.1, enacted by Ga. L. 2014, p. 136, § 1-2/HB 291; Ga. L. 2015, p. 325, § 14/HB 246. 43-3-26. Authority of executive director to provide information regarding past or pending investigation of applicant. The executive director shall be authorized to provide to any licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure by the board or licensee of the board notwithstanding the provisions of subsection (b) of Code 107 43-3-28 Section 43-3-20 or any other law to the contrary regarding the confidentiality of that information; provided, however, that such information shall only be shared after receiving written confirmation from the recipient authority that it assures preservation of confidentiality and the licensee has been given reasonable notice that the information shall be provided to another entity. Nothing in this chapter shall be construed to prohibit or limit the authority of the executive director to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure by the board. History. Code 1981, § 43-3-26, enacted by Ga. L. 2014, p. 136, § 1-2/HB 291. Editor’s notes. This Code section formerly pertained to extension of time for compliance with licensing requirements. The former Code section was based on Ga. L. 1980, p. 1543, § 1, and was repealed by Ga. L. 1983, p. 559, § 13, effective March 15, 1983. 43-3-27. Notification of conviction; time limit; suspension.