Bill Text: GA HB247 | 2011-2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Community Health, Department of; fingerprint and investigate emergency medical services personnel; require
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2012-07-01 - Effective Date [HB247 Detail]
Download: Georgia-2011-HB247-Comm_Sub.html
Bill Title: Community Health, Department of; fingerprint and investigate emergency medical services personnel; require
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2012-07-01 - Effective Date [HB247 Detail]
Download: Georgia-2011-HB247-Comm_Sub.html
12 LC 35
2614S
The
House Committee on Public Safety & Homeland Security offers the following
substitute to HB 247:
A
BILL TO BE ENTITLED
AN ACT
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 provide for an exemption from background
checks of applicants for licensure to be emergency medical services personnel
when the applicants are currently certified firefighters employed with a fire
department; 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 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 the licensing of emergency medical 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orders shall remain in effect until amended, repealed, superseded, or nullified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 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.
(e)
Firefighters certified by the Georgia Firefighter Standards and Training Council
who are employed with a local fire department and who have, as a condition of
certification or employment, obtained a criminal history records check from the
center and the Federal Bureau of Investigation within the last five years shall
not be required to obtain an additional criminal history records check in order
to be licensed as emergency medical services personnel. The department, however,
may require that, as a part of the application process, the chief of the
employing local fire department submit a letter or other document verifying that
the applicant is employed with the local fire department and has obtained a
criminal history records check from the center and the Federal Bureau of
Investigation.
(e)(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.
(f)(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
2.
All
laws and parts of laws in conflict with this Act are repealed.