TITLE 31 HEALTH

Section 7. Regulation and Construction of Hospitals and Other Health Care Facilities, 31-7-1 through 31-7-412.

ARTICLE 11 FACILITY LICENSING AND EMPLOYEE RECORDS CHECKS

31-7-250. (Repealed effective October 1, 2019) Definitions.

As used in this article, the term:

1. "Conviction" means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought.
2. "Crime" means commission of any of the following offenses:
   1. A violation of Code Section 16-5-21, relating to aggravated assault;
   2. A violation of Code Section 16-5-24, relating to aggravated battery;
   3. A violation of Code Section 16-6-1, relating to rape;
   4. A felony violation of Code Section 16-8-2, relating to theft by taking;
   5. A felony violation of Code Section 16-8-3, relating to theft by deception;
   6. A felony violation of Code Section 16-8-4, relating to theft by conversion;
   7. A felony violation of Code Section 16-9-1;
   8. A violation of Code Section 16-5-1;
   9. A violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder;
   10. A violation of Code Section 16-8-40, relating to robbery;
   11. A violation of Code Section 16-8-41, relating to armed robbery;
   12. A violation of Chapter 13 of Title 16, relating to controlled substances;
   13. A violation of Code Section 16-5-23.1, relating to battery;
   14. A violation of Code Section 16-6-5.1;
   15. A violation of Article 8 of Chapter 5 of Title 16;
   16. Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere; or
   17. Any other criminal offense as determined by the department and established by rule adopted pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," that would indicate the unfitness of an individual to provide care to or be in contact with persons residing in a facility.
3. "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.

   (3.1) "Department" means the Department of Community Health.

4. "Director" means the chief administrative or executive officer or manager.
5. "Employee" means any person, other than a director, utilized by a personal care home to provide personal services to any resident on behalf of the personal care home or to perform at any facilities of the personal care home any duties which involve personal contact between that person and any paying resident of the personal care home.
6. "Facility" means real property of a personal care home where residents reside.
7. "Fingerprint records check determination" means a satisfactory or unsatisfactory determination by the department based upon a records check comparison of GCIC information with fingerprints and other information in a records check application.
8. "GCIC" means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.
9. "GCIC information" means criminal history record information as defined in Code Section 35-3-30.
10. "License" means the permit or document issued by the department to authorize the personal care home to which it is issued to operate a facility under this chapter.
11. "Personal care home" or "home" means a home required to be licensed or permitted under Code Section 31-7-12 or an assisted living community as defined in Code Section 31-7-12.2.

    (11.1) "Personal services" includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting.

12. "Preliminary records check application" means an application for a preliminary records check determination on forms provided by the department.
13. "Preliminary records check determination" means a satisfactory or unsatisfactory determination by the department based only upon a comparison of GCIC information with other than fingerprint information regarding the person upon whom the records check is being performed.
14. "Records check application" means two sets of classifiable fingerprints, 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 a fingerprint records check under this article, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the department may require.
15. "Regular license" means a permit which will remain in effect for the personal care home, until and unless the facility ceases to operate or revocation proceedings are commenced.
16. "Satisfactory determination" means a written determination that a person for whom a records check was performed was found to have no criminal record.
17. "Temporary license" means a provisional permit which expires six months or 12 months from the date of issuance, unless extended for good cause by the department.
18. "Unsatisfactory determination" means a written determination that a person for whom a records check was performed has a criminal record.

(Code 1981, §31-7-250, enacted by Ga. L. 1985, p. 952, § 2; Ga. L. 1986, p. 822, § 1; Ga. L. 1994, p. 1359, § 1; Ga. L. 2002, p. 942, § 1; Ga. L. 2008, p. 12, § 2-19/SB 433; Ga. L. 2011, p. 227, § 17/SB 178; Ga. L. 2012, p. 351, § 4/HB 1110; Ga. L. 2012, p. 899, § 8-12/HB 1176; Ga. L. 2013, p. 524, § 3-3/HB 78; Ga. L. 2014, p. 444, § 2-9/HB 271.)

The 2011 amendment, effective July 1, 2011, added "or an assisted living community as defined in Code Section 31-7-12.2" at the end of paragraph (11).

The 2012 amendments. The first 2012 amendment, effective July 1, 2012, in paragraph (2), deleted "or" at the end of subparagraph (O), substituted "; or" for the period at the end of subparagraph (P), and added subparagraph (Q). The second 2012 amendment, effective July 1, 2012, substituted the present provisions of subparagraph (2)(G) for the former provisions, which read: "A violation of Code Section 16-9-1 or 16-9-2, relating to forgery in the first and second degree, respectively;".

The 2013 amendment, effective July 1, 2013, deleted ", relating to sexual assault against a person in custody" following "Code Section 16-6-5.1" at the end of subparagraph (2)(N), and substituted "Article 8 of Chapter 5 of Title 16" for "Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person" in subparagraph (2)(O).

The 2014 amendment, effective July 1, 2014, deleted ", relating to murder and felony murder" following "Code Section 16-5-1" at the end of subparagraph (2)(H).