SCS/SB 258 - Under this act, all state and political subdivision licensing authorities are required to explicitly list the specific criminal offenses, civil penalties or judgments, or disciplinary actions taken by other licensing authorities that would disqualify an applicant from receiving a license. Beginning August 28, 2019, applicants for licensure who have pleaded guilty to, entered a plea of nolo contendere to, or been found guilty of any offenses set forth in the act may be considered by licensing authorities to have committed a criminal offense that directly relates to the duties and responsibilities of a licensed profession.
Any requirement of a licensing authority that assesses the character or moral fitness of the applicant for licensure shall be limited to consideration of the criminal offenses, civil penalties or judgments, or disciplinary actions taken by other licensing authorities. If an applicant is denied licensure under this act, the applicant may appeal the decision and request a hearing before the licensing authority, which may reverse its initial decision.
Licensing authorities for all professions set forth in the act shall meet these licensing requirements within 10 months of August 28, 2019.
If the state, on or after August 28, 2019, requires a license to practice an occupation or profession for which no license was required before August 28, 2019, the licensing authority shall establish a list of disqualifying criminal offenses and ensure that its consideration of moral fitness is limited in accordance with this act.
The provisions of this act shall only apply to the professions and occupations set forth in the act.
Provisions of law relating to the denial of licensure, denial of license renewal, or revocation of a certificate of registration based on a crime or offense for which an essential element is fraud, dishonesty, or an act of violence, or an offense involving moral turpitude are repealed for the following occupations and professions:
• Acupuncturists;
• Appraisers;
• Athlete Agents;
• Barbers;
• Boxing and Wrestling;
• Chiropractors
• Cosmetologists;
• Dietitians;
• Electrical contractors;
• Endowed Care Cemetery Operators;
• Geologists;
• Hearing Instrument Specialists;
• Interior Design;
• Massage Therapists;
• Occupational Therapists;
• Private Investigators;
• Sign language interpreters; and
• Tattooing, Branding, and Body Piercing.
The licensing authority for such professions and occupations may refuse to issue or renew a license to any person who has been found guilty, or entered a plea of guilty or nolo contendere, for any offense directly related to, rather than reasonably related to, the qualifications, functions, or duties, of such profession.
This act repeals the provision of law requiring the applicant for licensure as a funeral director to furnish evidence that he or she is "a person of good moral character".
This act also repeals the provision permitting the Board of Private Investigator and Private Fire Investigator Examiners to deny a request for a license to become a private investigator if the applicant has been convicted of, or entered a plea of guilty or nolo contendere to a felony offense, or if such applicant is convicted of or entered a plea of guilty or nolo contendere to a misdemeanor offense.
The provision permitting the Director of the Division of Professional Registration to consider whether an applicant for licensure to become an athlete agent has committed a crime that, if committed in this state, would be a felony or other crime is repealed in this act.
This act is similar to SS/SCS/HCS/HB 564 (2019), HCS/SB 164 (2019), SB 251 (2019), HCS/HB 472 (2019), SS/SCS/HB 1719 (2018) and HCS/HB 1587 (2018).
JOSIE BUTLER