Georgia § 43-46A-4 - Fingerprint based background check; bond; liability and insurance coverage.

§ 43-46A-4. Fingerprint based background check; bond; liability and insurance coverage.

Each trauma scene waste management practitioner shall, prior to being registered, submit to a fingerprint based criminal background check conducted by the Georgia Crime Information Center and Federal Bureau of Investigation. No person who is currently serving a sentence of incarceration or probation for any felony under the laws of this state or any other state or the federal government shall be issued a trauma scene waste management practitioner registration. Each trauma scene waste management practitioner shall submit to a fingerprint based criminal background check conducted by the Georgia Crime Information Center and Federal Bureau of Investigation every three years following such initial background check. Each trauma scene waste management practitioner shall, upon approval of his or her registration by the Secretary of State, submit to the Secretary of State a bond executed with a surety company duly authorized to do business in this state and payable to the Governor for the use and benefit of any person who is harmed by such trauma scene waste management practitioner, his or her employee, or an independent contractor of such trauma scene waste management practitioner in the performance of trauma scene waste management services. The bond shall be in the amount of $25,000.00. The bond shall be approved by the Secretary of State as to the form and the solvency of the surety. No trauma scene waste management practitioner or surety shall cancel, or cause to be canceled, a bond issued pursuant to this subsection unless the Secretary of State is informed in writing by a certified letter at least 30 days prior to the proposed cancellation. If the trauma scene waste management practitioner or surety cancels the bond and the trauma scene waste management practitioner fails to submit, within ten days of the effective date of the cancellation, a new bond, the Secretary of State shall revoke such trauma scene waste management practitioner's registration. Each trauma scene waste management practitioner shall provide the Secretary of State with proof of liability insurance coverage for the trauma scene waste management practitioner, his or her employees, and each independent contractor of such trauma scene waste management practitioner who performs trauma scene waste management services in the amount of at least $100,000.00 for each occurrence. No trauma scene waste management practitioner or insurance carrier shall cancel, or cause to be canceled, a liability insurance policy issued pursuant to this subsection unless the Secretary of State is informed in writing by a certified letter at least 30 days prior to the proposed cancellation. If the trauma scene waste management practitioner or insurance carrier cancels the liability insurance policy and the trauma scene waste management practitioner fails to submit, within ten days of the effective date of the cancellation, a new liability insurance policy that meets the requirements of this subsection, the Secretary of State shall revoke such trauma scene waste management practitioner's registration. Each trauma scene waste management practitioner shall provide the Secretary of State with proof that such practitioner has a valid generation and transportation permit from the Environmental Protection Division of the Department of Natural Resources for the provision of trauma scene waste management services or shall submit an affidavit that such practitioner contracts with an entity which has such permit. Additionally, each trauma scene waste management practitioner shall provide the Secretary of State with proof of all current certifications in the removal and disposal of regulated biomedical waste held by such practitioner or any contractor used by the practitioner for the provision of trauma scene waste management services. Each trauma scene waste management practitioner shall be responsible and liable for the acts of his or her employees and any independent contractor of such trauma scene waste management practitioner in the performance of trauma scene waste management services. (Code 1981, § 43-46A-4 , enacted by Ga. L. 2020, p. 661, § 1/HB 417.)