SSB 3122 (LSB 5563XL (12) 88)

SENATE/HOUSE FILE _____

BY  (PROPOSED GOVERNOR BILL)

A BILL FOR

An Act relating to qualifications for holding professional licensure in this state, including the granting of licenses to persons licensed in other states and acquiring residence in Iowa, disqualification provisions for criminal convictions, the waiver of application fees, and licensee discipline, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    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:
   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 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 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, 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 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 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.
   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, 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 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, 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 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 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 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.  NEW SECTION.  272C.3A  Out-of-state license recognition —— conditions —— process.
   1.  For the purposes of this section:
   a.  “Issuing jurisdiction” means the duly constituted authority in another state that has issued a professional license to an individual.
   b.  “License” means a license, registration, certification, or permit.
   c.  “Licensing board” or “board” includes, in addition to those boards listed in section 272C.1, subsection 6:
   (1)  The real estate appraiser examining board, created pursuant to chapter 543D.
   (2)  The interior design examining board, created pursuant to chapter 544C.
   (3)  The board of educational examiners, created pursuant to chapter 272, in issuing a coaching license or an administrator license.
   (4)  The board of behavioral science, created pursuant to chapter 147.
   (5)  The board of dietetics, created pursuant to chapter 147.
   (6)  The board of social work, created pursuant to chapter 147.
   (7)  The division of labor services of the department of workforce development, created pursuant to chapter 84A, in issuing an amusement ride operator license pursuant to chapter 88A, a license related to asbestos removal or encapsulation pursuant to chapter 88B, and an inspector or special inspector license pursuant to chapter 89A.
   (8)  The state commissioner of athletics, in issuing a promoter license or professional boxer license pursuant to chapter 90A.
   (9)  The labor commissioner, in issuing a special inspector license pursuant to chapter 89 and a construction contractor license pursuant to chapter 91C.
   (10)  The department of agriculture and land stewardship, in issuing a milk hauler permit pursuant to chapter 192 and a license related to pesticide application pursuant to chapter 206.
   (11)  The department of natural resources, in issuing a manure applicator license pursuant to chapter 459B, and a commercial manure service representative license, a sanitary landfill operator license, and a solid waste incinerator operator license pursuant to chapter 455B.
   (12)  The commissioner of insurance, in issuing an investment adviser representative license or securities agent license pursuant to chapter 502 and an insurance producer license pursuant to chapter 522B.
   (13)  The department of human services, in issuing a certified adoption investigator license pursuant to chapter 600A.
   (14)  The department of inspections and appeals, in issuing a certified nursing assistant license or nursing home activity director license pursuant to chapter 135C.
   (15)  The racing and gaming commission, in issuing a racing worker license pursuant to chapter 99D and a riverboat gambling worker license pursuant to chapter 99F.
   (16)  The department of public health, in issuing a tattoo artist license and a license related to lead abatement pursuant to chapter 135, a radon measurement specialist license and a radon mitigation specialist license pursuant to chapter 136B, and a nuclear medicine technologist license, radiation therapist license, and radiographer license pursuant to chapter 136C.
   (17)  The commissioner of public safety, in issuing a private investigator license, a bail enforcement agent license, and a private security agent license pursuant to chapter 80A.
   (18)  The electrical examining board, created pursuant to chapter 103.
   (19)  The state fire marshal, in issuing a license related to explosive materials pursuant to chapter 101A.
   2.  Notwithstanding any other provision of law, the appropriate licensing board shall issue a professional license to a person who establishes residence in this state if all of the following conditions are met:
   a.  The person currently holds a license with a substantially equivalent scope of practice, as determined by the board, in at least one other issuing jurisdiction.
   b.  The person is in good standing in all issuing jurisdictions in which the person holds a license.
   c.  The person has been licensed for at least one year.
   d.  When the person was licensed by the issuing jurisdiction, the issuing jurisdiction imposed minimum educational requirements and, if applicable, work experience and clinical supervision requirements, and the issuing jurisdiction verifies that the person met those requirements in order to be licensed in that issuing jurisdiction.
   e.  The person previously passed an examination required by the issuing jurisdiction for the license.
   f.  The person has not had a license revoked and has not voluntarily surrendered a license in any issuing jurisdiction or country while under investigation for unprofessional conduct.
   g.  The person has not had discipline imposed by an issuing jurisdiction. If the person has had discipline imposed by the issuing jurisdiction, the board shall determine if the cause for the action was corrected and the matter resolved. If the matter has not been resolved by the issuing jurisdiction, the board shall suspend the application process and shall not issue or deny a license until the matter is resolved.
   h.  The person does not have a complaint, allegation, or investigation pending before another issuing jurisdiction or country that relates to unprofessional conduct. If the person has any complaints, allegations, or investigations pending, the board shall suspend the application process and shall not issue or deny a license to the person until the complaint, allegation, or investigation is resolved.
   i.  The person pays all applicable fees.
   j.  The person does not have a disqualifying conviction as determined by the board.
   3.  Notwithstanding subsection 2, a licensing board may do all of the following:
   a.  Require a person to take and pass an examination specific to the laws of this state prior to issuing a license under this section.
   b.  Require a person to submit fingerprints in order to access state and federal criminal record information for noncriminal justice purposes.
   4.  A person licensed pursuant to this section is subject to the laws regulating the person’s professional practice in this state and is subject to the jurisdiction of the appropriate licensing board.
   5.  This section does not apply to criteria for a license that is established by an interstate compact.
   6.  This section does not prevent the appropriate licensing board from entering into a reciprocity agreement or compact with another state or jurisdiction.
   7.  A license issued pursuant to this section is only valid in this state and does not grant the person receiving the license eligibility to practice pursuant to an interstate compact. The appropriate licensing board may determine eligibility for a person to be licensed under this section if the person does not hold a license pursuant to an interstate compact.
    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  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 waive 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. 37.  NEW SECTION.  272C.13  Disqualifications for criminal convictions limited.
   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, 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. A board may charge a fee to recoup the costs of such a determination, provided that such fee shall not exceed twenty-five dollars.
   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.
    Sec. 38.  EFFECTIVE DATE.  This Act takes effect January 1, 2021.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

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.
   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 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 examiners board) and 272C (regulation of licensed professions and occupations).
   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; 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. 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.
   The bill requires a licensing board to waive 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.