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House · Passed · 2025-2026 Regular Session

HB 1097: Mental health; criminal background, license status, and registry checks for owners, applicants, and employees of certain mental health facilities; provide

Last action July 1, 2026 · Effective Date

House Bill 1097 would require background checks, license and registry checks for owners, applicants, and employees of certain Georgia mental health, substance abuse, and community living facilities, with penalties for facilities that keep disqualified people employed.

Read the full bill text

These buttons carry the bill's own text, not the summaries below. Copy for LLM, View as markdown, and Send to AI use the Markdown version: the text as filed, then the summaries under a heading that names them as ours. View raw is the text alone.

The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest the General Assembly's website lists.

In plain language

Georgia law already allows some background checks for people who work with children, the elderly, and people with disabilities, and for Department of Behavioral Health and Developmental Disabilities employees. This bill expands and formalizes those checks for a specific set of facilities: community living arrangements, drug abuse treatment and education programs, and adult residential mental health programs. The bill requires owners, license applicants, and employees with direct patient contact to undergo a registry check (nurse aide registry, sex offender registries, and federal exclusion lists) before a fingerprint-based criminal background check run through the Georgia Crime Information Center (GCIC) and the FBI. It defines disqualifying crimes, sets up a personnel file requirement, creates a $500-per-day civil penalty (capped at $10,000) for facilities that don't fire disqualified employees, requires a warning notice on job applications, allows license revocation for disqualified owners, and creates administrative review and appeal rights under the Georgia Administrative Procedure Act. It also grants civil immunity to the department, GCIC, and facilities acting in good faith, and updates related definitions in Georgia's existing background check law (O.C.G.A. § 35-3-34.2) and mental health conviction data law (O.C.G.A. § 37-1-28).

What the bill does

  • Requires owners, license applicants, and direct-access employees of covered mental health, substance abuse, and community living facilities to undergo a registry check followed by a fingerprint-based criminal background check.
  • Creates a new personnel file requirement for facilities to document each employee's eligible determination, registry check, and licensure check.
  • Imposes a civil penalty of $500 per day (up to $10,000) on facilities that fail to fire an employee found to have a disqualifying criminal record.
  • Requires the Department of Behavioral Health and Developmental Disabilities to revoke or deny a facility's license if an owner has a disqualifying record or appears on a registry.
  • Establishes administrative review and appeal rights for owners, applicants, or employees who receive a disqualifying determination, using the Georgia Administrative Procedure Act (O.C.G.A. Chapter 13 of Title 50).
  • Grants civil immunity to the department, GCIC, the FBI, and facilities that act in good faith based on background check results.

Who it affects

Owners, license applicants, and employees of community living arrangements, drug and substance abuse treatment programs, and adult residential mental health programs in Georgia; the Department of Behavioral Health and Developmental Disabilities; the Georgia Crime Information Center; and the Georgia Bureau of Investigation, which processes the checks.

Why it matters

People seeking jobs at or ownership of certain mental health and treatment facilities would face mandatory fingerprint background checks and registry screenings before being hired or licensed. Facilities would have to track this paperwork and could face daily fines or lose their license for not removing disqualified staff or owners.

Key provisions

  • Section 1 revises O.C.G.A. § 35-3-34.2 to broaden background check terminology from 'providers' to 'covered individuals' and require authorized agencies to convey fitness determinations within 15 business days.
  • Section 2 revises O.C.G.A. § 37-1-28 to let the Department of Behavioral Health and Developmental Disabilities submit fingerprints to the FBI and GCIC for current employees, not just final job candidates.
  • Section 3 adds a new Article 8 to Title 37 defining 'facility,' 'crime,' 'employee,' and other terms, and lists specific criminal offenses (including sexual offenses, financial exploitation, and certain felonies) that trigger an ineligible determination.
  • New Code Section 37-1-141 requires a registry check (nurse aide registry, sex offender registries, federal exclusion list) before any criminal background check.
  • New Code Section 37-1-144 requires facilities to maintain personnel files documenting eligibility, registry, and licensure checks, and lets the department order additional background checks during investigations.
  • New Code Section 37-1-145 sets the $500-per-day civil penalty, capped at $10,000, for facilities that keep an ineligible employee on staff.
  • New Code Section 37-1-146 requires job applications to include a notice that state law requires a background check as a condition of employment.
  • New Code Section 37-1-147 sets license revocation rules for disqualified owners and creates administrative review and appeal procedures under the Georgia Administrative Procedure Act.

From the bill

“FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND STATE BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT.”

The exact warning that job applications at covered facilities must display under the bill.

“A facility that does not terminate an employee who has been found to have an ineligible determination or failed a registry check shall be liable for a civil monetary penalty in the amount of $500.00 for each day that a violation occurs, not to exceed a total of $10,000.00.”

The bill's penalty for facilities that keep employing someone who fails a background or registry check.

Discussed in meetings (14)

The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.

  1. House Public and Community Health Committee, February 17, 2026

    From 0:46:27 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said HB 1097 would give the Department of Behavioral Health and Developmental Disabilities background-check authority for facilities whose licensing had moved to that department, reducing providers’ dealings with two agencies. The sponsor said it would cover contractors who might otherwise fall outside screening requirements and authorize national checks. Department counsel distinguished checks for contracted providers from checks for providers the department licenses. The sponsor presented a substitute adding a broader route for government agencies to obtain checks under federal law. Department staff said this would expand an existing provision for local governments to state agencies. Asked about repeat checks, counsel said checks were expected with each job application. The sponsor said Rap Back would provide continuing notifications of new criminal activity. The sponsor and counsel confirmed employers would receive eligibility decisions, not details of offenses. Counsel said screening would include certain arrests and pending charges, not only convictions. Asked why arson was included, counsel cited residential safety. Counsel could not answer whether the offense of concealing a death included a fetus past six weeks. One member supported removing accused workers from vulnerable populations while cases are resolved, and the sponsor agreed. The committee approved the substitute by voice vote, with no numerical tally stated.

  2. House Rules Committee, February 19, 2026

    From 0:28:53 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said HB 1097 would expressly give the Department of Behavioral Health and Developmental Disabilities authority to conduct criminal record checks and fingerprinting for facilities moved under its licensing authority the previous year. The sponsor said that earlier change covered adult residential mental health programs, community living arrangements and drug abuse treatment centers but omitted the background-check authority. There were no questions or vote.

  3. House floor session, February 26, 2026 (legislative day 25, PM)

    From 0:47:33 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1663

    Summary by Georgia Commons: The sponsor said HB 1097 would transfer background-check authority for certain residential mental health, developmental disability, and substance-use treatment providers to the Department of Behavioral Health and Developmental Disabilities. The sponsor said a prior licensing transfer had left that authority with the Department of Community Health. The sponsor said the bill would authorize national FBI checks, cover contractors as well as employees, and provide ongoing notifications of later criminal activity. One member asked whether current workers had received only state checks and whether existing employees would receive national checks. The sponsor said current checks would continue through Community Health without the bill, but could not give a definite answer about rechecking existing employees. The chair asked the sponsor to investigate and address any concern in the Senate. A second member expressed support, saying the changes would improve safety and information available to employers. The sponsor agreed with that member's description of fingerprint-based notifications. The House adopted the committee substitute without objection and passed the bill 164 to 2.

  4. House Rules Committee, February 26, 2026

    From 0:30:46 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1653

    Summary by Georgia Commons: The committee placed HB 1097 on the day’s supplemental calendar under modified structured rules after a motion and second. No opposition was heard when the chair asked. There was no discussion of the bill’s substance.

  5. Senate Health and Human Services Committee, March 16, 2026

    From 1:07:02 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said HB 1097 would give the Department of Behavioral Health and Developmental Disabilities national background-check authority omitted when oversight of certain treatment and residential programs moved from another department. The sponsor said checks would cover employees, owners and contractors, and an FBI notification program would flag later disqualifying offenses without repeated checks. A Georgia Bureau of Investigation attorney said the substitute also authorizes national checks for other state agencies serving vulnerable populations. One member raised repeated fingerprinting across agencies and asked about staff qualifications, consent and annual checks. Witnesses confirmed qualification and consent requirements. The sponsor said annual fingerprint checks would burden providers and that specified serious offenses, including controlled-substance offenses, would disqualify workers. Another member questioned immunity for errors that could cost someone a job. A department attorney said the language mirrors existing law and protects agencies from errors originating elsewhere. A third member asked about DNA collection. The GBI attorney said the bill grants no such authority and that changing the fingerprint-based federal framework would require a federal law change. The committee unanimously adopted a missing-word correction and unanimously recommended passage of the amended substitute.

  6. Senate Rules Committee, March 19, 2026

    From 0:10:34 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said an earlier transfer of mental health and treatment facility licensing to the Department of Behavioral Health and Developmental Disabilities had left background-check authority behind. The bill would transfer that authority too, strengthen checks and allow continuing criminal-record notifications to reduce repeated fingerprinting. No substantive questions followed. The committee later unanimously included the bill in its floor calendar.

  7. Senate floor session, March 20, 2026 (legislative day 35)

    From 4:27:50 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)

    Summary by Georgia Commons: The presenter said HB 1097 would authorize the Department of Behavioral Health and Developmental Disabilities to conduct fingerprint-based national criminal history checks for certain people associated with mental health service organizations and facilities. The presenter said checks would include federal records as well as Georgia records to help screen those providing care. The clerk read a committee substitute addressing national background checks and agency fitness determinations. No questions or opposing speeches followed. The Senate adopted the substitute and passed the bill 44-0.

  8. House floor session, March 27, 2026 (legislative day 38, part 2)

    From 0:43:33 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (House Agreed Senate Amend or Sub)

    Summary by Georgia Commons: The clerk described HB 1097 as providing background, license-status and registry checks for owners, applicants and employees of certain mental health facilities. The sponsor said it concerned criminal-record checks within the Department of Behavioral Health and Developmental Disabilities. The sponsor described the Senate's only change as correcting a typo involving the word connecting alternatives on line 45. No questions were asked. The House agreed to the Senate substitute 160 to 2.

Status timeline

  1. 2026-07-01Effective Date
  2. 2026-05-11Act 444
  3. 2026-05-11House Date Signed by Governor (House)
  4. 2026-04-10House Sent to Governor (House)
  5. 2026-03-27House Agreed Senate Amend or Sub (House)
  6. 2026-03-20Senate Passed/Adopted By Substitute (Senate)
  7. 2026-03-20Senate Third Read (Senate)
  8. 2026-03-19Senate Read Second Time (Senate)
Show full history (16 actions)
  1. 2026-03-18Senate Committee Favorably Reported By Substitute (Senate)
  2. 2026-03-03Senate Read and Referred (Senate)
  3. 2026-02-26House Passed/Adopted By Substitute (House)
  4. 2026-02-26House Third Readers (House)
  5. 2026-02-18House Committee Favorably Reported By Substitute (House)
  6. 2026-02-03House Second Readers (House)
  7. 2026-02-02House First Readers (House)
  8. 2026-01-29House Hopper (House)

Sponsors

  • Jesse Petrea (R, HD-166)Primary sponsor
  • Katie Dempsey (R, HD-13)
  • Scott Hilton (R, HD-48)
  • Mike Cameron (R, HD-1)
  • Steven Sainz (R, HD-180)
  • Matt Brass (R, SD-6)

Votes

  1. PassedHouse voteFebruary 26, 2026

    164 yea, 2 nay (3 not voting, 8 excused)

    PASSAGE: House Vote #579

  2. PassedSenate voteMarch 20, 2026

    44 yea, 0 nay (3 not voting, 7 excused)

    PASSAGE BY SUBSTITUTE: Senate Vote #775

  3. PassedHouse voteMarch 27, 2026

    160 yea, 2 nay (3 not voting, 11 excused)

    Agree to Senate Substitute: House Vote #780

Topics

  • mental health facilities
  • background checks
  • licensing
  • substance abuse treatment
  • employee screening

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