TITLE 26 FOOD, DRUGS, AND COSMETICS

Section 5. Drug Abuse Treatment and Education Programs, 26-5-1 through 26-5-62.

ARTICLE 2 NARCOTIC TREATMENT PROGRAMS ENFORCEMENT

26-5-61. Records check application.

1. As used in this Code section, the term:
   1. "Administrator" means the individual designated by the program's governing body who is responsible for the on-going and day-to-day operations of the program, for overall compliance with federal, state, and local laws and regulations regarding the operation of narcotic treatment programs, and for all program employees including practitioners, agents, or other persons providing services at the program.
   2. "Applicant" means any individual affiliated with a partnership, corporation, association or individuals or groups of individuals submitting an application to operate a narcotic treatment program under this article.
   3. "Conviction" means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought.
   4. "Criminal record" means any of the following:
      1. Conviction of a crime;
      2. Arrest, charge, and sentencing for a crime where:
         1. A plea of nolo contendere was entered to the charge;
         2. First offender treatment without adjudication of guilt pursuant to the charge was granted; or
         3. Adjudication or sentence was otherwise withheld or not entered on the charge; or
      3. Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17.
   5. "GCIC" means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.
   6. "GCIC information" means criminal history record information as defined in Code Section 35-3-30.
   7. "Program" means a narcotic treatment program required to be licensed under this article.
   8. "Records check application" means fingerprints in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section.
2. 1. Prior to approving any license for a new program and periodically as established by the department by rules and regulations, the department shall require an administrator and applicant to submit a records check application. The department shall establish a uniform method of obtaining an administrator's and applicant's records check application.
   2. 1. Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC the fingerprints and records search fee from each fingerprint records check application in accordance with Code Section 35-3-35. Upon receipt thereof, the GCIC shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an administrator's and applicant's criminal record and shall notify the administrator or applicant in writing as to the department's determination as to whether such administrator or applicant has or does not have a criminal record.
      2. The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to the GCIC and the Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for administrators and applicants. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks.
   3. The department's determination regarding an administrator's or an applicant's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department.
   4. Neither the GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section.
3. All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new program and shall not be released or otherwise disclosed to any other person or agency. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable.
4. The requirements of this Code section are supplemental to any requirements for a license application or other requirements imposed by this article.
5. The department shall promulgate written rules and regulations reasonable and necessary to implement the provisions of this Code section.

(Code 1981, §26-5-61, enacted by Ga. L. 2017, p. 307, § 1/SB 88.)