11 LC 35
2074
House
Bill 247
By:
Representatives Neal of the
1st,
Bearden of the
68th,
Talton of the
145th,
Parrish of the
156th,
Howard of the
121st,
and others
A
BILL TO BE ENTITLED
AN ACT
To
amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia
Annotated, relating to emergency medical services personnel, so as to authorize
the Department of Community Health to require fingerprinting and criminal
background investigations of all applicants for licensure and currently licensed
emergency medical services personnel; to provide definitions; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating
to emergency medical services personnel, is amended by adding a new Code section
to read as follows:
"31-11-49.
As
used in this article, the term:
(1)
'Center' means the Georgia Crime Information Center.
(2)
'Certify' and 'certification' are synonymous with 'license' and
'licensure.'
(3)
'Emergency medical services personnel' means all individuals licensed by the
department under this article.
(4)
'Recertify' and 'recertification' are synonymous with 'renew license' and
'license renewal.'"
SECTION
2.
Said
article is further amended by revising Code Section 31-11-51, relating to
certification and recertification of emergency medical technicians, as
follows:
"31-11-51.
(a)
As used in this Code section, the term 'conviction data' means a record of a
finding or verdict of guilty or plea of guilty or plea of nolo contendere with
regard to any crime, regardless of whether an appeal of the conviction has been
sought.
(b)
The board shall, by regulation, authorize the department to establish procedures
and standards for
certifying
and recertifying
initial
licensing and license renewal for
emergency medical
technicians
services
personnel. The department shall succeed
to all rules and regulations, policies, procedures, and administrative orders of
the composite board which were in effect on December 31, 2001, and which relate
to the functions transferred to the department by this chapter. Such rules,
regulations, policies, procedures, and administrative orders shall remain in
effect until amended, repealed, superseded, or nullified by proper authority or
as otherwise provided by law.
(c)
In reviewing applicants for initial licensure and all currently licensed
emergency medical services personnel, the department shall be authorized to
obtain conviction data with respect to such applicants and currently licensed
emergency medical services personnel as authorized in this subsection. The
department shall by rule or regulation establish a procedure by which such
persons shall request or cause to be requested a fingerprint based criminal
history records check from the center and the Federal Bureau of Investigation
for the purposes of determining the suitability of the applicant for licensure
or the suitability of currently licensed emergency medical services personnel
for license renewal. Fingerprints shall be in such form and of such quality as
prescribed by the center and under standards adopted by the Federal Bureau of
Investigation. Fees may be charged as necessary to cover the cost of the
records search. Upon receipt thereof, the center shall promptly cause such
criminal records search to be conducted. The center shall notify the department
in writing of any finding of disqualifying information, including, but not
limited to, any conviction data regarding the fingerprint records check, or if
there is no such finding.
(d)
Conviction data received by the department shall be privileged and shall not be
a public record or disclosed to any person. Conviction data shall be maintained
by the department pursuant to laws regarding such records and the rules and
regulations of the center and the Federal Bureau of Investigation. Penalties
for the unauthorized release or disclosure of conviction data shall be as
prescribed by law or rule or regulation of the center or Federal Bureau of
Investigation.
(e)
The center, the department, or any law enforcement agency, or the employees of
any such entities, shall neither be responsible for the accuracy of information
provided pursuant to this Code section nor be liable for defamation, invasion of
privacy, negligence, or any other claim relating to or arising from the
dissemination of information pursuant to this Code section.
(f)
Currently licensed emergency medical services personnel shall not be required to
pay a fee for more than one criminal history background check as a condition of
license renewal. Subsequent criminal history background checks for license
renewals shall be conducted in the same manner as prescribed for initial
criminal history background checks in this Code
section."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.