§ 31-7-383. Private Employer’s Inquiry With Department on Eligibility of Employee; Employer Responsible for Decisions
The department shall allow an employer to inquire with the department about the eligibility or ineligibility for employment as if the applicant or employee were applying to work or working in one of the facilities licensed under Article 14 of this chapter so long as the applicant or employee agrees to such request, provides his […]
§ 31-7-384. Appeal of Ineligibility Determination
An applicant or employee who receives a determination of ineligibility for employment from the department shall be eligible to appeal such determination by requesting, in writing, an administrative review by the department. The department shall promulgate rules and regulations in order to implement this Code section. The department shall maintain the specifics of the employment […]
§ 31-7-385. Immunity From Liability
No person, including the department, an employer, or an individual acting on behalf of such entities, shall be liable for civil damages or be subject to any claim, demand, cause of action, or proceeding of any nature as a result of actions taken in good faith to comply with this article, including the disqualification of […]
§ 31-7-386. Rules and Regulations
Except as provided in Code Section 31-7-384, the department shall promulgate rules and regulations related to the requirements and implementation of this article. History. Code 1981, § 31-7-386 , enacted by Ga. L. 2018, p. 611, § 1-5/SB 406.
§ 31-7-353. Records Check Application; Transmittal of Fingerprints; Penalties for Unauthorized Release or Disclosure of Information
Accompanying any application for a new license, the candidate facility shall furnish to the department a records check application for each owner and each applicant and employee. In lieu of such records check application, such facility may submit evidence, satisfactory to the department, that within the immediately preceding 12 months each owner and each applicant […]
§ 31-7-354. Consent to Background Checks; Certain Results of Background Check Barring Employment; Rights of Owner, Applicant, or Employee
An applicant seeking employment with a facility or a current employee at such facility shall consent to a national and state background check that includes a registry check, a check of information maintained by a professional licensing board, if applicable, and a criminal background check. An individual required to submit to a registry check and […]
§ 31-7-284. Public Disclosure; Updating of Data Base; Publication; Fees
Subject to the procedures specified in subsection (b) of Code Section 31-7-283, the department shall be authorized to disclose nonpatient-specific data required under this article. Dissemination of such data to the public shall be made in clear and understandable language and in such form as to facilitate appropriate planning and choices on the part of […]
§ 31-7-355. Personnel Files; When Department May Require Background Check; Result of Unsatisfactory Determination
A personnel file for each employee shall be maintained by the applicable facility. Such files shall be available for inspection by the appropriate enforcement authorities but shall otherwise be maintained to protect the confidentiality of the information contained therein and shall include, but not be limited to, evidence of each employee’s satisfactory determination, registry check, […]
§ 31-7-285. Confidentiality; Liability
Notwithstanding any provision of law to the contrary, it shall not be unlawful for any entity which may be requested or required to provide data to the department under this article so to provide that information or for the department or its designees to provide such information as authorized or required by this article or […]
§ 31-7-356. Facility’s Failure to Comply With Provisions; Penalty
A facility that does not terminate an employee who has been found to have an unsatisfactory determination or failed a registry check shall be liable for a civil monetary penalty in the amount of the lesser of $10,000.00 or $500.00 for each day that a violation occurs. The daily civil monetary penalty shall be imposed […]