House committee approves substitute to HB 1097 to centralize DBHDD background checks

Representative Petrie introduced a substitute to House Bill 1097 (LC620404S), saying the bill moves licensure and record‑check authority for several behavioral‑health and developmental‑disability provider types under the Department of Behavioral Health and Developmental Disabilities (DBHDD) for efficiency and to modernize criminal‑record checks. "So that's really the genesis of what you have before you with 1097," Petrie said.

DBHDD legislative staff explained that section 2 clarifies the department’s authority under OCGA 37‑1‑28 to perform background checks for employees of contracted providers and that section 3 expands authority to conduct checks for providers the department licenses. Patrick Bilecki, legislative director for DBHDD, told the committee the bill also aligns state practice with federal mechanisms under the National Child Protection Act (NCPA) and would allow other state agencies similar access to search capabilities without separate statutes.

Members pressed staff on operational details: whether checks include arrests as well as convictions, how frequently checks must be rerun, which crimes are screened, and how employers are notified if a record changes. DBHDD staff said checks would include arrests, charges and certain non‑conviction dispositions and that the bill adds wrap‑back (continuous) monitoring so providers receive a notice if a worker’s record later changes. On included offenses, staff said the list is broad to capture violent and exploitive crimes (for example, arson, abuse, neglect, fraud and other offenses) that would render someone unsuitable to care for vulnerable populations.

Representative Hilton moved to pass the substitute and a second was made. The committee took a voice vote; the chair called for ayes and stated "the ayes have it." The transcript contains no roll‑call tally; the committee advanced the substitute to the next stage.