Little Health Law Blog
Our healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. Several of our clients applying for a physician’s license or nurse’s license ask us if their license application can be approved even though they have a prior criminal record. This blog post discusses a bill in the Georgia General Assembly that would require a hearing process before a licensing board denies an application based on the applicant’s criminal record. As of April 29, 2026, the bill has passed both the Georgia House and Senate, has been sent to the Governor, but has not yet become law. If you are planning to apply for a medical license or nursing license or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.
Senate Bill (SB 207) proposes to provide additional rights to licensing applicants whose applications have been denied based on a prior criminal record. If a licensing board intends to deny an application based on a prior criminal record, the bill requires the board to deny or revoke the license only if the felony or “covered misdemeanor” directly relates to the occupation, but the board cannot deny or revoke a license solely for the conviction of a felony or “covered misdemeanor.” Under the bill, a “covered misdemeanor” includes any misdemeanor conviction within five years of submitting the licensing application and any applicable misdemeanor conviction regardless of the date of conviction. These applicable misdemeanor convictions include domestic violence crimes, sexual crimes, theft, and serious traffic offenses, including reckless driving, DUIs, etc.
If a licensing board intends to deny a licensing application based on the applicant’s criminal record, the applicant must be entitled to a hearing before the licensing board before the denial can occur. At the hearing, the applicant can present written or oral testimony of character witnesses. The licensing board is then required to issue a decision within 60 days of the hearing. If a licensing board denies an application based on an applicant’s criminal record, the licensing board is required to make specific written findings specifying the applicant’s convictions and other factors that justify and basis and rationale for the application denial. The factors that the licensing board must consider in determining whether a felony or covered misdemeanor directly related to the licensing occupation already exist under Georgia law, including the nature and seriousness of the offense, the length of time elapsed since the commission of the offense, the applicant’s age at the time the offense was committed, other mitigating circumstances, and evidence of an applicant’s rehabilitation and present fitness. SB 207 also adds certain factors for licensing boards to consider in determining an applicant’s rehabilitation and present fitness to perform the licensing occupation. These factors include the completion of the criminal sentence, testimonials and recommendations, education and training, employment history, employment aspirations, any affidavits or other written documents, including character references, and any other information about rehabilitation that the applicant submits to the licensing board.
SB 207 explicitly requires licensing boards to provide “individualized consideration” of an applicant’s criminal record and prohibits licensing boards from denying licensing applications automatically based on an applicant’s criminal record. The bill also requires licensing boards to notify applicants in writing of specific issues in their application if the applicant’s criminal record includes issues that may or will prevent the licensing board from issuing a license to the applicant. After receiving such notice, the applicant will then have 30 days to correct any inaccuracy by submitting additional evidence of mitigation or rehabilitation for the licensing board to consider.
The bill also allows any individual with a criminal record to petition the licensing board at any time for a predetermination of whether the individual’s criminal record will disqualify them from obtaining a license. The licensing board must use the same factors to determine whether the applicant’s criminal record supports an adverse decision, including a denial. The licensing board may only predetermine that the petitioner’s criminal record is grounds for a denial only after the licensing board has held a hearing, and the individual has had an opportunity to present evidence at the hearing. If the bill becomes law, these requirements will become effective on July 1, 2027, and apply to licensing applications submitted on or after July 1, 2027.
If you are planning to apply for a medical license or nursing license or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.