11 LC 35
2174S
The
House Committee on Public Safety & Homeland Security offers the
following
substitute
to HB 247:
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 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."
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
the licensing
of 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effect until amended, repealed, superseded, or nullified by proper authority or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 of emergency medical services
personnel, the department shall be authorized pursuant to this Code section to
obtain conviction data with respect to such applicants for the purposes of
determining the suitability of the applicant for licensure.
(d)
The department shall be authorized to obtain conviction data with respect to
currently licensed emergency medical services personnel; provided, however, that
the authorization under this subsection shall not apply to any person licensed
on or after January 1, 2012. Any person licensed on or after January 1, 2012,
shall be treated as an applicant and conviction data shall be obtained prior to
licensure. The department shall have until July 1, 2014, to obtain
conviction data information on currently licensed emergency medical services
personnel as authorized under this subsection. This subsection shall not apply,
and the department shall not be authorized, to obtain conviction data on any
currently licensed emergency medical services personnel when the employer of
such personnel has submitted an affidavit attesting that the employer employs
such personnel for purposes of providing emergency medical services and such
employer has previously obtained conviction data for such
personnel.
(e)
The department shall by rule or regulation establish a procedure for requesting
a fingerprint based criminal history records check from the center and the
Federal Bureau of Investigation. 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.
(f)
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.
(g)
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."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.