HB 318 - Nursing homes; employment applicants; crim record checks
Georgia House of Representatives - 1995/1996 Sessions
HB 318 - Nursing homes; employment applicants; crim record checks
Page Numbers - 1/ 2/ 3
1. Randall 127th 2. Childers 13th 3. Jones 71st
House Comm: Judy / SJudy Senate Comm: YA&HE /
House Vote: Yeas 164 Nays 0 Senate Vote: Yeas 55 Nays 0
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House Action Senate
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1/23/95 Read 1st Time 2/1/95
1/24/95 Read 2nd Time 2/6/95
1/26/95 Favorably Reported 2/3/95
Am Committee Amend/Sub Am
1/24/95 Recommitted
1/31/95 Read 3rd Time 2/9/95
1/31/95 Passed/Adopted 2/9/95
CA Comm/Floor Amend/Sub CA
3/13/95 Amend/Sub Agreed To
3/29/95 Sent to Governor
4/12/95 Signed by Governor
320 Act/Veto Number
7/1/95 Effective Date
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Withdrawn and Recommitted
Code Sections amended: 31-7-350, 31-7-351, 31-7-352
HB 318 HB 318/AP
H. B. No. 318 (AS PASSED HOUSE AND SENATE)
By: Representatives Randall of the 127th, Childers of the
13th and Jones of the 71st
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 7 of Title 31 of the Official Code of
1- 2 Georgia Annotated, relating to the regulation and
1- 3 construction of hospitals and other health care facilities,
1- 4 so as to provide for definitions; to provide for criminal
1- 5 record checks for employment applicants for nursing homes;
1- 6 to provide for fees, forms, notice, and timely performance
1- 7 of record checks; to provide for immunity from liability for
1- 8 certain actions; to provide for related matters; to repeal
1- 9 conflicting laws; and for other purposes.
1-10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-11 Chapter 7 of Title 31 of the Official Code of Georgia
1-12 Annotated, relating to the regulation and construction of
1-13 hospital and health care facilities, is amended by adding at
1-14 the end thereof a new article to read as follows:
"ARTICLE 14
1-15 31-7-350. (Index)
1-16 As used in this article, the term:
1-17 (1) 'Conviction' means a finding or verdict of guilty or
1-18 a plea of guilty regardless of whether an appeal of the
1-19 conviction has been sought.
1-20 (2) 'Crime' means a violation of Code Section 16-5-21,
1-21 relating to aggravated assault; a violation of Code
1-22 Section 16-5-24, relating to aggravated battery; a
1-23 violation of Code Section 16-6-1, relating to rape; a
1-24 felony violation of Code Section 16-8-2, relating to
1-25 theft by taking; a felony violation of Code Section
1-26 16-8-3, relating to theft by deception; a felony
1-27 violation of Code Section 16-8-4, relating to theft by
1-28 conversion; a violation of Code Section 16-5-1, relating
1-29 to murder and felony murder; a violation of Code Section
1-30 16-4-1, involving attempted murder, relating to criminal
1-31 attempt; a violation of Code Section 16-8-40, relating
H. B. No. 318
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HB 318/AP
2- 1 to robbery; a violation of Code Section 16-8-41,
2- 2 relating to armed robbery; a felony violation of Chapter
2- 3 13 of Title 16, relating to controlled substances; or
2- 4 any other offense committed in another jurisdiction
2- 5 which, if committed in this state, would be deemed to be
2- 6 such a crime without regard to its designation
2- 7 elsewhere.
2- 8 (3) 'Criminal record' means:
2- 9 (A) Conviction of a crime;
2-10 (B) Arrest, charge, and sentencing for a crime where:
2-11 (i) A plea of nolo contendere was entered to the
2-12 charge;
2-13 (ii) First offender treatment without adjudication
2-14 of guilt pursuant to the charge was granted; or
2-15 (iii) Adjudication or sentence was otherwise
2-16 withheld or not entered on the charge; or
2-17 (C) Arrest and charges for a crime if the charge is
2-18 pending, unless the time for prosecuting such crime
2-19 has expired pursuant to Chapter 3 of Title 17.
2-20 (4) 'Employment applicant' means any person seeking
2-21 employment by a nursing home. This term shall not
2-22 include persons employed by the nursing home prior to
2-23 the effective date of this article.
2-24 (5) 'GCIC' means the Georgia Crime Information Center
2-25 established under Article 2 of Chapter 3 of Title 35.
2-26 (6) 'Nursing home' or 'home' means a home required to be
2-27 licensed or permitted as a nursing home under the
2-28 provisions of Chapter 7 of Title 31.
2-29 31-7-351. (Index)
2-30 (a) Prior to hiring an employment applicant, each nursing
2-31 home shall request a criminal record check from GCIC to
2-32 determine whether the applicant has a criminal record. No
2-33 nursing home will be precluded from employing any person
2-34 with a criminal record.
2-35 (b) Any request for a criminal record check under this
2-36 Code section shall be on a form approved by GCIC and
2-37 submitted in person, by mail, or by facsimile request to
2-38 any county sheriff or municipal law enforcement agency
2-39 having access to GCIC information. The fee shall be no
H. B. No. 318
-2- (Index)
HB 318/AP
3- 1 greater than the actual cost of processing the request.
3- 2 The law enforcement agency receiving the request shall
3- 3 perform a criminal record check for a nursing home within
3- 4 a reasonable time but in any event within a period not to
3- 5 exceed three days of receiving the request.
3- 6 (c) Each application form provided by the employer to the
3- 7 employment applicant shall conspicuously state the
3- 8 following: 'FOR THIS TYPE OF EMPLOYMENT, STATE LAW
3- 9 REQUIRES A CRIMINAL RECORD CHECK AS A CONDITION OF
3-10 EMPLOYMENT.'
3-11 31-7-352. (Index)
3-12 (a) Neither GCIC nor any law enforcement agency providing
3-13 GCIC information pursuant to this article shall be
3-14 responsible for the accuracy of information or have any
3-15 liability for defamation, invasion of privacy, negligence,
3-16 or any other claim in connection with any dissemination of
3-17 information or determination based thereon pursuant to
3-18 this article.
3-19 (b) A nursing home, its administrator, and its employees
3-20 shall have no liability for wrongful discharge,
3-21 unemployment security benefits, or any other claim based
3-22 upon:
3-23 (1) Refusal to employ any person with a criminal record;
3-24 (2) Termination of employment of persons with a criminal
3-25 record already employed by the home; or
3-26 (3) Other action taken in good faith reliance upon GCIC
3-27 information received pursuant to this article."
SECTION 2.
3-28 All laws and parts of laws in conflict with this Act are
3-29 repealed.
H. B. No. 318
-3- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97