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GA HB1097

GA HB1097
Mental health; criminal background, license status, and registry checks for owners, applicants, and employees of certain mental health facilities; provide


summary

Introduced
01/29/2026
In Committee
02/18/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Titles 35 and 37 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies and mental health, respectively, so as to provide for covered individuals to submit certain information for national criminal history background checks; to provide for procedures for authorized agencies to make fitness determinations; provide for criminal background, license status, and registry checks for owners, applicants, and employees of certain mental health facilities; to provide for the Department of Behavioral Health and Developmental Disabilities to submit fingerprints to the Federal Bureau of Investigation and Georgia Crime Information Center for the purpose of background checks to find disqualifying criminal history records; to provide for maintenance of personnel files; to provide for procedures relating to applicants or employees with ineligible determinations; to provide for civil penalties for failure to terminate employees with ineligible determinations; to provide for notice for applicants; to provide for revocation of licenses; to provide for administrative review; to provide for appeals of administrative decisions; to provide for civil immunity; to provide for rules and regulations; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

AI Summary

This bill requires criminal background, license status, and registry checks for owners, applicants, and employees of certain mental health facilities in Georgia. It expands existing laws to include these checks for individuals who own, apply to own, or work for facilities providing care to children, the elderly, or individuals with disabilities, as well as those involved in mental health and substance use treatment. The Department of Behavioral Health and Developmental Disabilities (DBHDD) will submit fingerprints to the Federal Bureau of Investigation (FBI) and the Georgia Crime Information Center (GCIC) to identify disqualifying criminal history records. The bill also outlines procedures for handling ineligible determinations, including civil penalties for facilities that fail to terminate employees with such determinations, and provides for administrative review and appeals of these decisions, while also offering civil immunity for good-faith actions taken to comply with the law.

Committee Categories

Health and Social Services

Sponsors (5)

Last Action

House Committee Favorably Reported By Substitute (on 02/18/2026)

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