SCS/SB 647 - This act modifies provisions relating to professional registration.
FRESH START ACT OF 2019 (Section 324.012)
This act establishes the Fresh Start Act of 2020.
Beginning January 1, 2021, no person shall be disqualified by a state licensing authority from pursuing or practicing in any occupation for which a license is required solely or in part because of a prior conviction of a crime in this state or another state, unless the crime is directly related to the duties and responsibilities for the licensed occupation.
Prior to January 1, 2021, all state licensing authorities shall list the specific criminal convictions in this state that could disqualify an applicant from receiving a license. Only criminal convictions that are directly related to the duties and responsibilities for the licensed occupation shall be listed. Licensing authorities are prohibited from using vague or generic terms, and from considering arrests without a subsequent conviction. The licensing authority shall determine whether an applicant with a criminal conviction will be denied a license based on several factors set forth in the act.
If an individual is charged with any of the crimes set forth in the act and is convicted, pleads guilty to, or is found guilty of a lesser included offense, and is sentenced to a period of incarceration, such conviction shall only be considered by state licensing authorities as a criminal offense that directly relates to the duties and responsibilities of a licensed profession for five years.
Beginning August 28, 2020, 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.
An individual with a criminal record may petition a licensing authority at any time for a determination of whether they will be disqualified from receiving a license. The licensing authority is required to inform the individual of his or her standing within 30 days of receiving the petition, and may charge a fee, no greater than $25, to recoup the costs.
If a licensing authority denies an individual a license solely or in part because of the individual's prior criminal conviction, the licensing authority shall notify the individual in writing of the reasons for the denial, that the individual has the right to a hearing to challenge the decision, the earliest date the person may reapply for a license, and that evidence of rehabilitation may be considered upon reapplication. If the licensing authority grants a license to an individual, such decision shall be binding unless such individual commits a subsequent crime that directly relates to the occupation for which the individual is licensed, or upon discovery that such person failed to disclose information regarding a prior conviction in the license petition process.
Any written determination by the licensing authority that an applicant's criminal conviction is a specifically listed disqualifying conviction and is directly related to the duties and responsibilities for the licensed occupation shall be documented with written findings for each reason by clear and convincing evidence sufficient for a reviewing court. In any administrative hearing or civil litigation, the licensing authority shall carry the burden of proof on the question of whether the applicant's criminal conviction directly relates to the occupation for which the license was sought.
This act shall apply to any profession for which an occupational license is issued in this state, excluding peace officers or other law enforcement personnel, accountants, podiatrists, dentists, physicians and surgeons, pharmacists, nurses, or any persons under the supervision or jurisdiction of the Director of Finance, and including any new occupational license created by a state licensing authority after August 28, 2020. Political subdivisions are prohibited from creating any new occupational licenses after August 28, 2020.
Any licensing board participating in a compact shall submit any information regarding a licensee's conviction of any criminal offense, regardless of whether or not such offense is directly related to the duties and responsibilities of the profession, to the relevant coordinated licensure information system.
Provisions of law relating to the denial of licensure, denial of license renewal, or revocation of a certificate of registration for any offense reasonably related to the qualifications, functions or duties of the occupation, an essential element of which is fraud, dishonesty, an act of violence or moral turpitude are repealed for the following occupations and professions, and a requirement that no person applying for such licensure have committed an offense directly related to the duties and responsibilities of the occupation as set forth in the act, is added for:
· Acupuncturists;
· Anesthesiologist assistants;
· Architects, professional engineers, land surveyors, landscape architects;
· Athlete agents;
· Baccalaureate social workers;
· Barbers;
· Behavior analysts;
· Boxing and wrestling;
· Chiropractors;
· Cosmetologists;
· Dieticians;
· Electrical contractors;
· Endowed care cemetery operators;
· Geologists;
· Hearing aid fitters and dealers;
· Interior designers;
· Interpreters for the deaf;
· Marital and family therapists;
· Massage therapists;
· Nursing home administrators;
· Occupational therapists;
· Optometrists;
· Physical therapists;
· Physical therapist assistants;
· Psychologists;
· Private investigators;
· Professional counselors;
· Real estate agents, brokers, appraisers, and escrow agents;
· Real estate appraisers and appraisal management companies;
· Respiratory care therapists;
· Social workers;
· Speech pathologists and audiologists;
· Tattooing, branding, and body piercing;
· Veterinarians.
Provisions of law relating to the initial granting of a certificate of registration based on good moral character are repealed for the following occupations and professions, and a requirement that no person applying for such licensure have committed any crime set forth in the act is added for:
· Architects, professional engineers, land surveyors, landscape architects;
· Athletic trainers;
· Baccalaureate social workers;
· Barbers;
· Chiropractors;
· Dental hygienists;
· Professional engineers;
· Funeral directors;
· Hearing aid fitters and dealers;
· Marital and family therapists;
· Massage therapists;
· Nursing home administrators;
· Optometrists;
· Physical therapists;
· Physical therapist assistants;
· Psychologists;
· Professional counselors;
· Real estate agents, brokers, appraisers, and escrow agents;
· Real estate appraisers and appraisal management companies;
· Social workers;
· Speech pathologists and audiologists;
· Speech language pathology assistants;
· Veterinarians;
· Veterinarian technicians.
Current law provides that all individuals may engage in the occupation of their choice, free from unreasonable government regulation, and that the state shall not impose a substantial burden on an individual's pursuit of his or her occupation unless there is a reasonable interest for the state to protect the general welfare.
Current law sets forth when an occupation or profession shall be regulated, and how such regulation shall be implemented.
GUIDELINES FOR REGULATION OF CERTAIN OCCUPATIONS (Section 324.047)
This act provides that nothing in current law regarding prospective regulation of professions shall be construed to change any requirement for an individual to hold current private certification as a condition of licensure or renewal of licensure, and shall not require a private certification organization to grant or deny private certification to any individual.
This act is substantially similar to TAT/SS/HCS/HB 2046 (2020), HCS/HB 2141 (2020), SS/SCS/HCS/HB 564 (2019), SB 251 (2019), and is similar to SB 258 (2019).
JOSIE BUTLER