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

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).

• 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.

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.

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.

• 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.

1. 2026-05-11Effective Date 2026-07-01
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)

• Jesse Petrea (R, HD-166)Primary sponsor
• Katie Dempsey (R, HD-013)
• Scott Hilton (R, HD-048)
• Mike Cameron (R, HD-001)
• Steven Sainz (R, HD-180)
• Matt Brass (R, SD-006)

1. PassedHouse voteFebruary 26, 2026

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

   Passage: House Vote #579

2. PassedSenate voteMarch 20, 2026

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

   Passage By Substitute: Senate Vote #775

3. PassedHouse voteMarch 27, 2026

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

   Agree To Senate Substitute: House Vote #780

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