HB1097: HB1097 Mental health; criminal background, license status, and registry checks for owners, applicants, and employees of certain mental health facilities; provide

Currently, Georgia law lets the Department of Behavioral Health and Developmental Disabilities and other agencies check some caregivers' criminal histories, but the rules for mental health facilities, community living arrangements, and drug treatment programs were limited. This bill creates a new article in Georgia's mental health code requiring facilities such as community living arrangements, licensed drug abuse treatment and education programs, and adult residential mental health programs to run registry checks and fingerprint-based criminal background checks on owners, applicants, and employees before hiring or licensing. The department submits fingerprints to the Georgia Crime Information Center (GCIC) and, if needed, the Federal Bureau of Investigation, and issues an 'eligible' or 'ineligible' determination. Facilities must fire ineligible employees or risk a civil penalty of $500 per day, up to $10,000, and owners with ineligible determinations can have their facility's license revoked. The bill also sets up administrative review and appeal rights, civil immunity for good-faith compliance, and directs the department to write implementing rules. It also updates a related law enforcement background check statute (O.C.G.A. § 35-3-34.2) to broaden the definitions used for background checks on caregivers of children, the elderly, and people with disabilities.

• Requires owners, applicants, and employees at licensed community living arrangements, drug abuse treatment programs, and adult residential mental health programs to undergo registry checks and fingerprint-based criminal background checks.
• Directs the Department of Behavioral Health and Developmental Disabilities to submit fingerprints to GCIC and the FBI to find disqualifying criminal records and issue eligible or ineligible determinations.
• Creates a $500-per-day civil penalty (capped at $10,000) for a facility that fails to terminate an employee found to have an ineligible determination.
• Requires the department to revoke or deny a facility's license if an owner receives an ineligible determination or appears on a sex offender or abuse registry.
• Sets up administrative review and appeal procedures under the Georgia Administrative Procedure Act for people who receive disqualifying determinations.
• Grants civil immunity to the department, facilities, and their staff for good-faith actions taken to comply with the new background check requirements.

The bill affects owners, license applicants, and employees of Georgia community living arrangements, licensed drug abuse treatment and education programs, and adult residential mental health programs, as well as the Department of Behavioral Health and Developmental Disabilities, the Georgia Crime Information Center, and facility patients, residents, and clients.

People seeking jobs or ownership stakes in these mental health and treatment facilities would face mandatory fingerprint and registry checks, and facilities that keep employing disqualified staff would face daily fines. Owners with disqualifying records could lose their facility's license, changing who can operate or work in these settings.

• Section 1 revises O.C.G.A. § 35-3-34.2 to broaden definitions like 'covered individual' for national criminal history checks on caregivers of children, the elderly, and people with disabilities.
• Section 2 revises O.C.G.A. § 37-1-28 to authorize the department to run national background checks via fingerprints submitted through GCIC to the FBI.
• Section 3 creates new Article 8 (O.C.G.A. §§ 37-1-140 through 37-1-149) setting out definitions, registry and criminal background check procedures, personnel file requirements, and license revocation rules for covered facilities.
• New Code Section 37-1-145 sets a $500 daily civil penalty, capped at $10,000, for facilities that do not terminate employees with ineligible determinations.
• New Code Section 37-1-146 requires employment applications to state in capital letters that state law requires a national and state background check.
• New Code Section 37-1-147 requires license revocation or denial for facilities whose owners have an ineligible determination or appear on a registry, with administrative review and appeal rights.
• New Code Section 37-1-148 grants civil immunity for good-faith compliance and creates a rebuttable presumption of due care for facilities that obtained an eligible determination.
• Section 4 repeals all conflicting laws.

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 facility licensing
• criminal background checks
• behavioral health regulation
• employee screening
• facility licensing penalties