Bill Text: GA HB247 | 2011-2012 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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12 HB 247/CSFA

House Bill 247 (COMMITTEE SUBSTITUTE) (AM)

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 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to general provisions for firefighter standards and training, so as to provide for the automatic termination of the certification of a firefighter convicted of a felony; to provide for disciplinary authority for the Georgia Firefighter Standards and Training Council; to provide for due process procedures; 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 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to general provisions for firefighter standards and training, is amended by adding new Code sections to read as follows:

"25-4-13.

(a) The council shall have authority to refuse to grant a certificate to an applicant or to discipline a certified firefighter upon a determination by the council that the applicant or certified firefighter has:

(1) Failed to demonstrate the qualifications or standards for a certificate provided in this chapter or in the rules and regulations of the council;

(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of being a firefighter or in any document connected therewith or practiced fraud or deceit or intentionally made any false statement in obtaining a certificate to practice as a firefighter;

(3) Been convicted of a felony in the courts of this state or any other state, territory, country, or of the United States, as provided in subsection (b) of Code Section 25-4-8; provided, further, that any person convicted of a felony while being certified as a firefighter shall have his or her certification revoked;

(4) Committed a crime involving moral turpitude, without regard to criminal conviction. The conviction of a crime involving moral turpitude shall be conclusive of the commission of such crime;

(5) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term 'unprofessional conduct' shall include any departure from, or failure to conform to, the minimal standards of acceptable and prevailing practice of a firefighter;

(6) Violated or attempted to violate a law, rule, or regulation of this state, any other state, the council, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which law, rule, or regulation relates to or in part regulates the practice of firefighters;

(7) Committed any act or omission which is indicative of bad moral character or untrustworthiness;

(8) Been adjudged mentally incompetent by a court of competent jurisdiction, within or outside this state; or

(9) Become unable to perform as a firefighter with reasonable skill and safety to citizens by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.

(b)(1) Except as provided in paragraph (3) of this subsection, when the council finds that any person is unqualified to be granted a certificate or finds that any firefighter should be disciplined pursuant to subsection (a) of this Code section, the council may take any one or more of the following actions:

(A) Refuse to grant a certificate to an applicant;

(B) Administer a public reprimand;

(C) Suspend any certificate for a definite period;

(D) Limit or restrict any certificate;

(E) Revoke any certificate; or

(F) Condition the penalty, or withhold formal disposition, upon the firefighter completing such care, counseling, or treatment, as directed by the council.

(2) In addition to and in conjunction with the foregoing actions, the council may make a finding adverse to the applicant or firefighter but withhold imposition of judgment and penalty or it may impose the judgment and penalty but suspend enforcement thereof and place the firefighter on probation, which probation may be vacated upon noncompliance with such reasonable terms as the council may impose.

(3) Any certified firefighter convicted of a felony shall have his or her certification revoked.

(c) In its discretion, the council may restore and reissue a certificate issued under this chapter and, as a condition thereof, may impose any disciplinary or corrective measure provided in this chapter; provided, however, that a certified firefighter convicted of a felony shall not be eligible for consideration of restoration or reissuance prior to the passage of five years from the date of conviction as provided in Code Section 25-4-8.

(d) Upon arrest or indictment of a firefighter for any crime which is punishable as a felony, the chairperson of the council shall order the emergency suspension of such firefighter's certification upon the chairperson's determination that the suspension is in the best interest of the health, safety, or welfare of the public. The order of emergency suspension shall be made in writing and shall specify the basis for the chairperson's determination. Following the issuance of an emergency suspension order, proceedings of the council in the exercise of its authority to discipline any firefighter shall be promptly scheduled. The emergency suspension order of the chairperson shall continue in effect until issuance of the final decision of the council or such order is withdrawn by the chairperson.

25-4-14.

(a) Except as otherwise provided in subsection (b) of this Code section, proceedings of the council in the exercise of its authority to issue any certificate or discipline any firefighter under the terms of this chapter shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In all such proceedings the council shall have authority to compel the attendance of witnesses and the production of any book, writing, or document upon the issuance of a subpoena therefor. In any hearing in which the fitness of a firefighter or applicant is in question, the council may exclude all persons from its deliberation of the appropriate action and may, when it deems necessary, speak to the firefighter or applicant in private. All final determinations, findings, and conclusions of the council under this chapter are final and conclusive decisions of the matters involved.

(b) Proceedings may be conducted before the members of the council or the council's appointed representative. Proceedings for review of a final decision of the council shall be instituted by filing a petition within 30 days after the service of the final decision of the council or, if a rehearing is requested, within 30 days after the decision thereon. The petition shall be filed in the superior court of the county of residence of the petitioner."

SECTION 2.

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 3.

All laws and parts of laws in conflict with this Act are repealed.