Georgia-2011-HB247-Introduced

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:

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:

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.'"

Said article is further amended by revising Code Section 31-11-51, relating to certification and recertification of emergency medical technicians, as follows:

(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 Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law.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."