Bill Text: IA SF2393 | 2019-2020 | 88th General Assembly | Introduced

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Bill Title: A bill for an act relating to the granting of professional licenses, certificates, and registrations to persons licensed in other states, and including effective date provisions. (Formerly SF 2114; See SF 2418.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-06-11 - Committee report approving bill, renumbered as SF 2418. S.J. 781. [SF2393 Detail]

Download: Iowa-2019-SF2393-Introduced.html

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Senate File 2393 - Introduced
SENATE FILE 2393
BY COMMITTEE ON LABOR AND
BUSINESS RELATIONS
(SUCCESSOR TO SF 2114)
A BILL FOR
An Act relating to the granting of professional licenses,
certificates, and registrations to persons licensed in other
states, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 103.1, Code 2020, is amended by adding
the following new subsection:
NEW SUBSECTION . 11A. “Offense directly relates” refers to
either of the following:
a. The actions taken in furtherance of an offense are
actions customarily performed within the scope of practice of
a licensed profession.
b. The circumstances under which an offense was committed
are circumstances customary to a licensed profession.
Sec. 2. Section 103.6, subsection 1, paragraph e, Code 2020,
is amended to read as follows:
e. Grant an exception for a person who would otherwise be
denied a license due to a criminal conviction under specified
circumstances. When considering such an exception, the
board shall consider the following if the following factors
establish, by clear and convincing evidence, that the person is
rehabilitated and an appropriate candidate for licensure : the
nature and seriousness of any offense of which the person was
convicted, all circumstances relative to the offense, including
mitigating circumstances or social conditions surrounding the
commission of the offense, the age of the person at the time
the offense was committed, the length of time that has elapsed
since the offense was committed, any treatment undertaken by
the person, whether a certificate of employability has been
issued to the person pursuant to section 906.19, letters of
reference, and all other relevant evidence of rehabilitation
and present fitness presented. If an exception is not granted,
the board shall convey in writing to the person the grounds
for the denial, including specific determinations for finding
that the person is not rehabilitated and not an appropriate
candidate for licensure based on the listed factors. A person
holding a license prior to July 1, 2019, shall not be required
to obtain an exception to maintain a license.
Sec. 3. Section 103.9, subsection 3, Code 2020, is amended
to read as follows:
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3. Conviction of a felony in Iowa that is sexual abuse
in violation of section 709.4 , a sexually violent offense as
defined in section 229A.2 , the offense of dependent adult abuse
in violation of section 235B.20 , a forcible felony as defined
in section 702.11 , or the offense of domestic abuse assault in
violation of section 708.2A , shall may be grounds for denial,
revocation, or suspension of a license if an unreasonable risk
to public safety exists because the offense directly relates to
the duties and responsibilities of the profession and the board
does not grant an exception . Conviction for any other felony
or misdemeanor shall not be grounds for denial, revocation,
or suspension. A conviction of a crime in violation of
federal law or in violation of the law of another state shall
be given the same effect as it would if such conviction had
been under Iowa law. If federal law or the laws of another
state do not provide for offenses or violations denominated
or described in precisely the same words as Iowa law, the
department shall determine whether those offenses or violations
are substantially similar in nature to Iowa law and apply those
offenses or violations accordingly.
Sec. 4. Section 103.9, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 4. A person may petition the board,
in a form prescribed by the board, for a determination of
whether the person’s criminal record will prevent the person
from receiving a license. The board shall issue such a
determination at the next regularly scheduled meeting of
the board or within thirty days of receiving the petition,
whichever is later. The board may charge a fee to recoup the
costs of such determination, provided that such fee shall not
exceed twenty-five dollars.
Sec. 5. Section 103.10, subsection 6, Code 2020, is amended
to read as follows:
6. Conviction of a felony in Iowa that is sexual abuse
in violation of section 709.4 , a sexually violent offense as
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defined in section 229A.2 , the offense of dependent adult abuse
in violation of section 235B.20 , a forcible felony as defined
in section 702.11 , or the offense of domestic abuse assault in
violation of section 708.2A , shall may be grounds for denial,
revocation, or suspension of a license if an unreasonable risk
to public safety exists because the offense directly relates to
the duties and responsibilities of the profession and the board
does not grant an exception . Conviction for any other felony
or misdemeanor shall not be grounds for denial, revocation,
or suspension. A conviction of a crime in violation of
federal law or in violation of the law of another state shall
be given the same effect as it would if such conviction had
been under Iowa law. If federal law or the laws of another
state do not provide for offenses or violations denominated
or described in precisely the same words as Iowa law, the
department shall determine whether those offenses or violations
are substantially similar in nature to Iowa law and apply those
offenses or violations accordingly.
Sec. 6. Section 103.10, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 7. A person may petition the board,
in a form prescribed by the board, for a determination of
whether the person’s criminal record will prevent the person
from receiving a license. The board shall issue such a
determination at the next regularly scheduled meeting of
the board or within thirty days of receiving the petition,
whichever is later. The board may charge a fee to recoup the
costs of such a determination, provided that such fee shall not
exceed twenty-five dollars.
Sec. 7. Section 103.12, subsection 6, Code 2020, is amended
to read as follows:
6. Conviction of a felony in Iowa that is sexual abuse
in violation of section 709.4 , a sexually violent offense as
defined in section 229A.2 , the offense of dependent adult abuse
in violation of section 235B.20 , a forcible felony as defined
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in section 702.11 , or the offense of domestic abuse assault in
violation of section 708.2A , shall may be grounds for denial,
revocation, or suspension of a license if an unreasonable risk
to public safety exists because the offense directly relates to
the duties and responsibilities of the profession and the board
does not grant an exception . Conviction for any other felony
or misdemeanor shall not be grounds for denial, revocation,
or suspension. A conviction of a crime in violation of
federal law or in violation of the law of another state shall
be given the same effect as it would if such conviction had
been under Iowa law. If federal law or the laws of another
state do not provide for offenses or violations denominated
or described in precisely the same words as Iowa law, the
department shall determine whether those offenses or violations
are substantially similar in nature to Iowa law and apply those
offenses or violations accordingly.
Sec. 8. Section 103.12, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 7. A person may petition the board,
in a form prescribed by the board, for a determination of
whether the person’s criminal record will prevent the person
from receiving a license. The board shall issue such a
determination at the next regularly scheduled meeting of
the board or within thirty days of receiving the petition,
whichever is later. The board may charge a fee to recoup the
costs of such a determination, provided that such fee shall not
exceed twenty-five dollars.
Sec. 9. Section 103.12A, subsection 4, Code 2020, is amended
to read as follows:
4. Conviction of a felony in Iowa that is sexual abuse
in violation of section 709.4 , a sexually violent offense as
defined in section 229A.2 , the offense of dependent adult abuse
in violation of section 235B.20 , a forcible felony as defined
in section 702.11 , or the offense of domestic abuse assault in
violation of section 708.2A , shall may be grounds for denial,
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revocation, or suspension of a license if an unreasonable risk
to public safety exists because the offense directly relates to
the duties and responsibilities of the profession and the board
does not grant an exception . Conviction for any other felony
or misdemeanor shall not be grounds for denial, revocation,
or suspension. A conviction of a crime in violation of
federal law or in violation of the law of another state shall
be given the same effect as it would if such conviction had
been under Iowa law. If federal law or the laws of another
state do not provide for offenses or violations denominated
or described in precisely the same words as Iowa law, the
department shall determine whether those offenses or violations
are substantially similar in nature to Iowa law and apply those
offenses or violations accordingly.
Sec. 10. Section 103.12A, Code 2020, is amended by adding
the following new subsection:
NEW SUBSECTION . 5. A person may petition the board,
in a form prescribed by the board, for a determination as
to whether the person’s criminal record will prevent the
person from receiving a license. The board shall issue such
a determination at the next regularly scheduled meeting of
the board or within thirty days of receiving the petition,
whichever is later. The board may charge a fee to recoup the
costs of such a determination, provided that such fee shall not
exceed twenty-five dollars.
Sec. 11. Section 103.13, subsection 4, Code 2020, is amended
to read as follows:
4. Conviction of a felony in Iowa that is sexual abuse
in violation of section 709.4 , a sexually violent offense as
defined in section 229A.2 , the offense of dependent adult abuse
in violation of section 235B.20 , a forcible felony as defined
in section 702.11 , or the offense of domestic abuse assault in
violation of section 708.2A , shall may be grounds for denial,
revocation, or suspension of a license if an unreasonable risk
to public safety exists because the offense directly relates to
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the duties and responsibilities of the profession and the board
does not grant an exception . Conviction for any other felony
or misdemeanor shall not be grounds for denial, revocation,
or suspension. A conviction of a crime in violation of
federal law or in violation of the law of another state shall
be given the same effect as it would if such conviction had
been under Iowa law. If federal law or the laws of another
state do not provide for offenses or violations denominated
or described in precisely the same words as Iowa law, the
department shall determine whether those offenses or violations
are substantially similar in nature to Iowa law and apply those
offenses or violations accordingly.
Sec. 12. Section 103.13, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 5. A person may petition the board,
in a form prescribed by the board, for a determination as
to whether the person’s criminal record will prevent the
person from receiving a license. The board shall issue such
a determination at the next regularly scheduled meeting of
the board or within thirty days of receiving the petition,
whichever is later. The board may charge a fee to recoup the
costs of such a determination, provided that such fee shall not
exceed twenty-five dollars.
Sec. 13. Section 103.15, subsections 6 and 7, Code 2020, are
amended to read as follows:
6. The board may reject an application for licensure
under this section from an applicant who would be subject
to suspension, revocation, or reprimand pursuant to section
103.35 . The board shall not reject an application for
licensure under this section based solely on the incarceration
status or duration of time since release from incarceration of
an applicant.
7. Conviction of a felony in Iowa that is sexual abuse
in violation of section 709.4 , a sexually violent offense as
defined in section 229A.2 , the offense of dependent adult abuse
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in violation of section 235B.20 , a forcible felony as defined
in section 702.11 , or the offense of domestic abuse assault in
violation of section 708.2A , shall may be grounds for denial,
revocation, or suspension of a license if an unreasonable risk
to public safety exists because the offense directly relates to
the duties and responsibilities of the profession and the board
does not grant an exception . Conviction for any other felony
or misdemeanor shall not be grounds for denial, revocation,
or suspension. A conviction of a crime in violation of
federal law or in violation of the law of another state shall
be given the same effect as it would if such conviction had
been under Iowa law. If federal law or the laws of another
state do not provide for offenses or violations denominated
or described in precisely the same words as Iowa law, the
department shall determine whether those offenses or violations
are substantially similar in nature to Iowa law and apply those
offenses or violations accordingly.
Sec. 14. Section 103.15, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 8. A person may petition the board,
in a form prescribed by the board, for a determination of
whether the person’s criminal record will prevent the person
from receiving a license. The board shall issue such a
determination at the next regularly scheduled meeting of
the board or within thirty days of receiving the petition,
whichever is later. The board may charge a fee to recoup the
costs of such a determination, provided that such fee shall not
exceed twenty-five dollars.
Sec. 15. Section 105.2, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 14A. “Offense directly relates” refers to
either of the following:
a. The actions taken in furtherance of an offense are
actions customarily performed within the scope of practice of
a licensed profession.
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b. The circumstances under which an offense was committed
are circumstances customary to a licensed profession.
Sec. 16. Section 105.10, subsection 5, Code 2020, is amended
to read as follows:
5. The board may shall grant an exception for a person
who would otherwise be denied a license due to a criminal
conviction under specified circumstances. When considering
such an exception, the board shall consider the following
if the following factors establish, by clear and convincing
evidence, that the person is rehabilitated and an appropriate
candidate for licensure : the nature and seriousness of any
offense of which the person was convicted, all circumstances
relative to the offense, including mitigating circumstances or
social conditions surrounding the commission of the offense,
the age of the person at the time the offense was committed,
the length of time that has elapsed since the offense was
committed, any treatment undertaken by the person, whether a
certificate of employability has been issued to the person
pursuant to section 906.19, letters of reference, and all
other relevant evidence of rehabilitation and present fitness
presented. If an exception is not granted by the board, the
board shall convey in writing to the person the grounds for the
denial, including specific determinations for finding that the
person is not rehabilitated and not an appropriate candidate
for licensure based on the listed factors. A person holding a
license prior to July 1, 2019, shall not be required to obtain
an exception to maintain a license.
Sec. 17. Section 105.22, subsection 4, Code 2020, is amended
to read as follows:
4. Conviction of a felony in Iowa that is sexual abuse
in violation of section 709.4 , a sexually violent offense as
defined in section 229A.2 , the offense of dependent adult abuse
in violation of section 235B.20 , a forcible felony as defined
in section 702.11 , or the offense of domestic abuse assault in
violation of section 708.2A , shall may be grounds for denial,
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revocation, or suspension of a license if an unreasonable risk
to public safety exists because the offense directly relates to
the duties and responsibilities of the profession and the board
does not grant an exception . Conviction for any other felony
or misdemeanor shall not be grounds for denial, revocation,
or suspension. A conviction of a crime in violation of
federal law or in violation of the law of another state shall
be given the same effect as it would if such conviction had
been under Iowa law. If federal law or the laws of another
state do not provide for offenses or violations denominated
or described in precisely the same words as Iowa law, the
department shall determine whether those offenses or violations
are substantially similar in nature to Iowa law and apply those
offenses or violations accordingly. A copy of the record of
conviction or plea of guilty shall be conclusive evidence of
such conviction.
Sec. 18. Section 105.22, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 4A. A person may petition the board,
in a form prescribed by the board, for a determination of
whether the person’s criminal record will prevent the person
from receiving a license. The board shall issue such a
determination at the next regularly scheduled meeting of
the board or within thirty days of receiving the petition,
whichever is later. The board may charge a fee to recoup the
costs of such a determination, provided that such fee shall not
exceed twenty-five dollars.
Sec. 19. Section 147.3, Code 2020, is amended to read as
follows:
147.3 Qualifications.
An applicant for a license to practice a profession under
this subtitle is not ineligible because of age, citizenship,
sex, race, religion, marital status, or national origin,
although the application form may require citizenship
information. A board may consider the past criminal record of
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an applicant only if the conviction relates to the practice of
the profession for which the applicant requests to be licensed
as provided in section 272C.13 .
Sec. 20. Section 147.55, subsection 5, Code 2020, is amended
to read as follows:
5. Conviction of a crime related to the profession or
occupation of the licensee or the conviction of any crime
that would affect the licensee’s ability to practice within
a profession as provided in section 272C.13 . A copy of the
record of conviction or plea of guilty shall be conclusive
evidence.
Sec. 21. Section 147A.7, subsection 1, paragraph j, Code
2020, is amended to read as follows:
j. Violating a statute of this state, another state,
or the United States, without regard to its designation as
either a felony or misdemeanor, which relates to the practice
of an emergency medical care provider Conviction of a crime
as provided in section 272C.13 . A copy of the record of
conviction or plea of guilty is conclusive evidence of the
violation.
Sec. 22. Section 148.6, subsection 2, paragraph b, Code
2020, is amended to read as follows:
b. Being convicted of a felony in the courts of this state
or another state, territory, or country. Conviction as used in
this paragraph shall include a conviction of an offense which
if committed in this state would be deemed a felony without
regard to its designation elsewhere, or a criminal proceeding
in which a finding or verdict of guilt is made or returned, but
the adjudication of guilt is either withheld or not entered
crime as provided in section 272C.13 . A certified copy of the
final order or judgment of conviction or plea of guilty in this
state or in another state shall be conclusive evidence.
Sec. 23. Section 148.6, subsection 2, paragraph c, Code
2020, is amended to read as follows:
c. Violating a statute or law of this state, another state,
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or the United States, without regard to its designation as
either felony or misdemeanor, which statute or law directly
relates to the practice of medicine.
Sec. 24. Section 148H.7, subsection 1, paragraph a, Code
2020, is amended to read as follows:
a. Conviction of a felony under state or federal law or
commission of any other offense involving moral turpitude crime
as provided in section 272C.13 .
Sec. 25. Section 151.9, subsection 5, Code 2020, is amended
to read as follows:
5. Conviction of a felony related to the profession or
occupation of the licensee or the conviction of any felony
that would affect the licensee’s ability to practice as a
professional chiropractor crime as provided in section 272C.13 .
A copy of the record of conviction or plea of guilty shall be
conclusive evidence.
Sec. 26. Section 152.10, subsection 2, paragraph c, Code
2020, is amended to read as follows:
c. Conviction for a felony in the courts of this state or
another state, territory, or country if the felony relates
to the practice of nursing. Conviction shall include only a
conviction for an offense which if committed in this state
would be deemed a felony without regard to its designation
elsewhere crime as provided in section 272C.13 . A certified
copy of the final order or judgment of conviction or plea
of guilty in this state or in another jurisdiction shall be
conclusive evidence of conviction.
Sec. 27. Section 153.34, subsections 9 and 10, Code 2020,
are amended to read as follows:
9. For the conviction of a felony in the courts of this
state or another state, territory, or country. Conviction as
used in this subsection includes a conviction of an offense
which if committed in this state would be a felony without
regard to its designation elsewhere, and includes a finding
or verdict of guilt made or returned in a criminal proceeding
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even if the adjudication of guilt is withheld or not entered
crime as provided in section 272C.13 . A certified copy of the
final order or judgment of conviction or plea of guilty in this
state or in another state constitutes conclusive evidence of
the conviction.
10. For a violation of a law of this state, another state,
or the United States, without regard to its designation as
either a felony or misdemeanor, which law directly relates to
the practice of dentistry, dental hygiene, or dental assisting.
A certified copy of the final order or judgment of conviction
or plea of guilty in this state or in another state constitutes
conclusive evidence of the conviction.
Sec. 28. Section 154A.24, subsection 1, Code 2020, is
amended to read as follows:
1. Conviction of a felony crime as provided in section
272C.13 . The record of conviction, or a certified copy, shall
be conclusive evidence of conviction.
Sec. 29. Section 155A.12, subsection 9, Code 2020, is
amended to read as follows:
9. Been convicted of an offense or subjected to a penalty
or fine for violation of chapter 124 , 126 , 147 , or the
Federal Food, Drug, and Cosmetic Act a crime as provided in
section 272C.13 . A plea or verdict of guilty, or a conviction
following a plea of nolo contendere, is deemed to be a
conviction within the meaning of this section .
Sec. 30. Section 156.9, subsection 2, paragraph e, Code
2020, is amended to read as follows:
e. Conviction of any crime related to the practice of
mortuary science or implicating the licensee’s competence to
safely perform mortuary science services, including but not
limited to a crime involving moral character, dishonesty,
fraud, theft, embezzlement, extortion, or controlled
substances, in a court of competent jurisdiction in this state,
or in another state, territory, or district of the United
States, or in a foreign jurisdiction a crime as provided in
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section 272C.13 . For purposes of this paragraph, “conviction”
includes a guilty plea, deferred judgment, or other finding
of guilt. A certified copy of the judgment is prima facie
evidence of the conviction.
Sec. 31. Section 272.1, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 5A. “Offense directly relates” refers to
either of the following:
a. The actions taken in furtherance of an offense are
actions customarily performed within the scope of practice of
a licensed profession.
b. The circumstances under which an offense was committed
are circumstances customary to a licensed profession.
Sec. 32. Section 272.2, subsection 14, paragraph a, Code
2020, is amended to read as follows:
a. The board may deny a license to or revoke the license
of a person upon the board’s finding by a preponderance of
evidence that either the person has been convicted of a crime
an offense and the offense directly relates to the duties and
responsibilities of the profession or that there has been
a founded report of child abuse against the person. Rules
adopted in accordance with this paragraph shall provide that
in determining whether a person should be denied a license or
that a practitioner’s license should be revoked, the board
shall consider the nature and seriousness of the founded abuse
or crime in relation to the position sought, the time elapsed
since the crime was committed, the degree of rehabilitation
which has taken place since the incidence of founded abuse or
the commission of the crime, the likelihood that the person
will commit the same abuse or crime again, and the number of
founded abuses committed by or criminal convictions of the
person involved.
Sec. 33. Section 272C.1, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 7A. “Offense directly relates” refers to
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either of the following:
a. The actions taken in furtherance of an offense are
actions customarily performed within the scope of practice of
a licensed profession.
b. The circumstances under which an offense was committed
are circumstances customary to a licensed profession.
Sec. 34. Section 272C.4, subsection 13, Code 2020, is
amended by striking the subsection.
Sec. 35. Section 272C.10, subsection 5, Code 2020, is
amended to read as follows:
5. Conviction of a felony related offense if the offense
directly relates to the profession or occupation of the
licensee. A copy of the record of conviction or plea of guilty
shall be conclusive evidence.
Sec. 36. NEW SECTION . 272C.12 Licensure of persons licensed
in other jurisdictions.
1. Notwithstanding any other provision of law, an
occupational or professional license, certificate, or
registration shall be issued without an examination to a person
who establishes residency in this state or to a person who is
married to an active duty member of the military forces of the
United States and who is accompanying the member on an official
permanent change of station to a military installation located
in this state if all of the following conditions are met:
a. The person is currently licensed, certified, or
registered in at least one other state in the occupation or
profession applied for in the same practice and the license,
certificate, or registration is in good standing in all
states in which the person holds a license, certificate, or
registration.
b. The person has been licensed, certified, or registered in
another state for at least one year.
c. When the person became licensed, certified, or registered
in another state, the other state imposed minimum initial
education requirements and, if applicable, work experience
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and clinical supervision requirements, and the other state
verifies that the person met those requirements in order to be
licensed, certified, or registered in that state. However, if
the other state does not impose initial education requirements,
a person shall be considered to have met the requirements of
this paragraph if the person has three or more years of related
work experience.
d. The person previously passed an examination required by
the other state for licensure, certification, or registration,
if applicable.
e. The person has not had a license, certificate, or
registration revoked and has not voluntarily surrendered a
license, certificate, or registration in any other state or
country while under investigation for unprofessional conduct.
f. The person has not had discipline imposed by any other
regulating entity in this state or another state or country.
If another jurisdiction has taken disciplinary action against
the person, the appropriate licensing board shall determine if
the cause for the action was corrected and the matter resolved.
If the licensing board determines that the matter has not been
resolved by the jurisdiction imposing discipline, the licensing
board shall not issue or deny a license, certificate, or
registration to the person until the matter is resolved.
g. The person does not have a complaint, allegation, or
investigation pending before any regulating entity in another
state or country that relates to unprofessional conduct. If
the person has any complaints, allegations, or investigations
pending, the appropriate licensing board shall not issue or
deny a license, certificate, or registration to the person
until the complaint, allegation, or investigation is resolved.
h. The person pays all applicable fees.
i. The person does not have a criminal history that would
prevent the person from holding the license, certificate, or
registration applied for in this state.
2. A person licensed pursuant to this section is subject to
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the laws regulating the person’s practice in this state and is
subject to the jurisdiction of the appropriate licensing board.
3. This section does not apply to any of the following:
a. The ability of a licensing board to require the
submission of fingerprints or completion of a criminal history
check.
b. Criteria for a license, certificate, or registration that
is established by an interstate compact.
c. The ability of a licensing board to require a person to
take and pass an examination specific to the laws of this state
prior to issuing a license.
d. A license issued by the department of transportation.
e. A person who is licensed in another state and is granted
a privilege to practice in this state by another provision of
law without receiving a license in this state.
4. A license, certificate, or registration issued
pursuant to this section does not grant the person receiving
the license, certificate, or registration eligibility to
practice pursuant to an interstate compact. A licensing
board may determine eligibility for a person to hold a
license, certificate, or registration pursuant to this section
regardless of the person’s eligibility to practice pursuant to
an interstate compact.
Sec. 37. NEW SECTION . 272C.13 Waiver of fees.
1. For the purposes of this section, “license” , “licensing
board” , and “board” mean the same as defined in section 272C.3A,
except that “license” shall also include any license issued
pursuant to chapter 272.
2. A licensing board shall reduce by fifty percent any
fee charged to an applicant for a license if the applicant’s
household income does not exceed two hundred percent of the
federal poverty income guidelines and the applicant is applying
for the license for the first time in this state.
Sec. 38. NEW SECTION . 272C.14 Disqualifications for
criminal convictions limited.
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1. For the purposes of this section, “license” , “licensing
board” , and “board” mean the same as defined in section 272C.3A.
2. Notwithstanding any other provision of law to the
contrary, except for chapters 103 and 105, a person’s
conviction of a crime may be grounds for the denial,
revocation, or suspension of a license only if an unreasonable
risk to public safety exists because the offense directly
relates to the duties and responsibilities of the profession
and the appropriate licensing board does not grant an exception
pursuant to subsection 5.
3. A licensing board that may deny a license on the basis
of an applicant’s conviction record shall provide a list of
the specific convictions that may disqualify an applicant from
receiving a license. Any such offense shall be an offense that
directly relates to the duties and responsibilities of the
profession.
4. A licensing board shall not deny an application for a
license on the basis of an arrest that was not followed by a
conviction or based on a finding that an applicant lacks good
character, suffers from moral turpitude, or on other similar
basis.
5. A licensing board shall grant an exception to an
applicant who would otherwise be denied a license due to a
criminal conviction if the following factors establish by clear
and convincing evidence that the applicant is rehabilitated and
an appropriate candidate for licensure:
a. The nature and seriousness of the crime for which the
applicant was convicted.
b. The amount of time that has passed since the commission
of the crime. There is a rebuttable presumption that an
applicant is rehabilitated and an appropriate candidate
for licensure five years after the date of the applicant’s
release from incarceration, provided that the applicant was
not convicted of sexual abuse in violation of section 709.4,
a sexually violent offense as defined in section 229A.2,
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dependent adult abuse in violation of section 235B.20, a
forcible felony as defined in section 702.11, or domestic abuse
assault in violation of section 708.2A, and the applicant
has not been convicted of another crime after release from
incarceration.
c. The circumstances relative to the offense, including any
aggravating and mitigating circumstances or social conditions
surrounding the commission of the offense.
d. The age of the applicant at the time the offense was
committed.
e. Any treatment undertaken by the applicant.
f. Whether a certification of employability has been issued
to the applicant pursuant to section 906.19.
g. Any letters of reference submitted on behalf of the
applicant.
h. All other relevant evidence of rehabilitation and present
fitness of the applicant.
6. An applicant may petition the relevant licensing board,
in a form prescribed by the board, for a determination as
to whether the applicant’s criminal record will prevent the
applicant from receiving a license. The board shall issue
such a determination at the next regularly scheduled meeting
of the board or within thirty days of receiving the petition,
whichever is later. The board shall hold a closed session
while determining whether an applicant’s criminal record will
prevent the applicant from receiving a license. A board may
charge a fee to recoup the costs of such a determination,
provided that such fee shall not exceed twenty-five dollars.
Upon request, the department of public safety and board of
parole shall provide assistance to a board by explaining
criminal convictions, records, and other related terminology.
If a board determines that additional criminal records of an
applicant are required to make a determination, the department
of corrections and department of public safety shall supply
such records in each department’s possession to be reviewed by
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S.F. 2393
a board in a closed session.
7. a. A licensing board that denies an applicant a license
solely or partly because of the applicant’s prior conviction
of a crime shall notify the applicant in writing of all of the
following:
(1) The grounds for the denial or disqualification.
(2) That the applicant has the right to a hearing to
challenge the licensing authority’s decision.
(3) The earliest date the applicant may submit a new
application.
(4) That evidence of rehabilitation of the applicant may be
considered upon reapplication.
b. A determination by a licensing board that an applicant’s
criminal conviction is specifically listed as a disqualifying
conviction and the offense directly relates to the duties
and responsibilities of the applicant’s profession must be
documented in written findings for each factor specified in
subsection 5 sufficient for a review by a court.
c. In any administrative or civil hearing authorized
by this section or chapter 17A, a licensing board shall
carry the burden of proof on the question of whether the
applicant’s criminal offense directly relates to the duties
and responsibilities of the profession for which the license
is sought.
8. A board may require an applicant with a criminal record
to submit the applicant’s complete criminal record detailing
an applicant’s offenses with an application. A board may
also require an applicant with a criminal record to submit a
personal statement regarding whether each offense directly
relates to the duties and performance of the applicant’s
occupation.
Sec. 39. EFFECTIVE DATE. This Act takes effect January 1,
2021.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
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the explanation’s substance by the members of the general assembly.
This bill relates to the regulation of professional licenses
in Iowa including the recognition of out-of-state licenses and
disqualification provisions for criminal convictions.
DISQUALIFICATIONS FOR CRIMINAL CONVICTIONS. The bill
provides that a person can only be disqualified from holding a
professional license or have a professional license revoked for
conviction of a crime under certain circumstances. In order
for a conviction of a crime to serve as a disqualification
from holding a professional license, the actions taken in
furtherance of the crime must be actions which are customarily
performed by the licensed profession or the offense must
have been committed under circumstances that are customary
to the profession. The bill requires a licensing board
that may disqualify an applicant on the basis of a criminal
conviction to provide a list of the convictions that may
disqualify an applicant. If an applicant would otherwise be
disqualified from holding a professional license, the bill
requires the issuing board to grant an exception if the board
determines by clear and convincing evidence that the applicant
is rehabilitated and an appropriate candidate for licensure.
The bill allows a person to submit a form to the appropriate
licensing board to determine whether that person’s conviction
of the crime would serve to disqualify that person from holding
a professional license.
The bill strikes specific Code provisions regarding
disqualifications from holding a professional license on
the basis of a criminal conviction in Code chapters 103
(electricians and electrical contractors), 105 (plumbers,
mechanical professionals, and contractors), 147 (general
provisions, health-related professions), 147A (emergency
medical care —— trauma care), 148 (medicine and surgery), 148H
(genetic counseling), 151 (chiropractic), 152 (nursing), 153
(dentistry), 154A (hearing aids), 155A (pharmacy), 156 (funeral
directing, mortuary science, and cremation), 272 (educational
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S.F. 2393
examiners board) and 272C (regulation of licensed professions
and occupations).
LICENSURE OF PERSONS LICENSED IN OTHER JURISDICTIONS. The
bill requires that a professional or occupational license,
certificate, or registration be issued to a person without an
examination if 1) that person establishes residency in Iowa
or 2) that person is married to an active duty member of the
military forces and is accompanying the member on an official
permanent change of station to a military installation in Iowa.
The bill requires a licensing board to grant a professional
license to a person from out of state who: establishes
residency in Iowa; currently holds a substantially equivalent
license from another jurisdiction; is in good standing in
all jurisdictions where the person is licensed; completed
minimum educational, work, and clinical requirements or
three or more years of related work experience; passed an
examination required by the jurisdiction; has not had a license
revoked or voluntarily surrendered a license while under
investigation; has not had discipline imposed, unless the issue
has been resolved; does not have a complaint, allegation, or
investigation pending against the person; pays applicable
fees; and does not have a disqualifying conviction. The bill
allows a board to require a person licensed in another state
to pass the relevant board’s licensing exam on Iowa law and
submit fingerprints. The reciprocity requirements do not apply
to licenses issued by the department of transportation or to
persons granted a privilege to practice in this state due to
holding a license in another state. A person who receives
a license in Iowa pursuant to this process is not eligible
to practice in another state under an interstate licensure
compact.
A person who receives a reciprocal license, certificate,
or registration becomes subject to the laws regulating the
profession or occupation in Iowa and to the jurisdiction of
the appropriate licensing board regulating the profession or
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occupation in Iowa. A licensing board may require an applicant
for a reciprocal license to submit fingerprints and may perform
a criminal history check. A reciprocal license does not grant
a person eligibility to practice pursuant an interstate compact
or affect the eligibility of a person to practice in Iowa under
an interstate compact.
The bill requires a licensing board to reduce by 50 percent
the application fee for an applicant for a license if the
applicant’s household income does not exceed 200 percent of the
federal poverty level and the person has not previously applied
for the same license in Iowa.
The bill takes effect January 1, 2021.
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