2010 Georgia Code
TITLE 31 - HEALTH
CHAPTER 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES
ARTICLE 14 - NURSING HOMES EMPLOYEE RECORDS CHECKS
§ 31-7-350 - Definitions

O.C.G.A. 31-7-350 (2010)
31-7-350. Definitions


As used in this article, the term:

(1) "Conviction" means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought.

(2) "Crime" means commission of an offense which constitutes a felony with respect to the following:

(A) A violation of Code Section 16-5-21, relating to aggravated assault;

(B) A violation of Code Section 16-5-24, relating to aggravated battery;

(C) A violation of Code Section 16-6-1, relating to rape;

(D) A violation of Code Section 16-8-2, relating to theft by taking;

(E) A violation of Code Section 16-8-3, relating to theft by deception;

(F) A violation of Code Section 16-8-4, relating to theft by conversion;

(G) A violation of Code Section 16-5-1, relating to murder and felony murder;

(H) A violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder;

(I) A violation of Code Section 16-8-40, relating to robbery;

(J) A violation of Code Section 16-8-41, relating to armed robbery;

(K) A violation of Code Section 16-9-1, relating to forgery in the first degree; a violation of Code Section 16-9-2, relating to forgery in the second degree;

(L) A violation of Chapter 13 of Title 16, relating to controlled substances; or

(M) Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere.

(3) "Criminal record" means any of the following which have reached final disposition within ten years of the date the criminal record check is conducted:

(A) Conviction of a crime;

(B) Arrest, charge, and sentencing for a crime where:

(i) A plea of nolo contendere was entered to the charge;

(ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or

(iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or

(C) Arrest and charges for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17.

(4) "Employment applicant" means any person seeking employment by a nursing home. This term shall not include persons employed by the nursing home prior to July 1, 1995.

(5) "GCIC" means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.

(6) "Nursing home" or "home" means a home required to be licensed or permitted as a nursing home under the provisions of this chapter.

(7) "Satisfactory determination" means a written determination by a nursing home that a person for whom a record check was performed was found to have no criminal record.

(8) "Unsatisfactory determination" means a written determination by a nursing home that a person for whom a record check was performed was found to have a criminal record.

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