House File 2627 H-8272 Amend the amendment, H-8250, to House File 2627 as follows: 1 1. By striking page 1, line 4, through page 19, line 20, and 2 inserting: 3 < Sec. ___. Section 103.6, subsection 1, paragraph e, Code 4 2020, is amended by striking the paragraph. 5 Sec. ___. Section 103.9, subsection 3, Code 2020, is amended 6 by striking the subsection. 7 Sec. ___. Section 103.10, subsection 6, Code 2020, is 8 amended by striking the subsection. 9 Sec. ___. Section 103.12, subsection 6, Code 2020, is 10 amended by striking the subsection. 11 Sec. ___. Section 103.12A, subsection 4, Code 2020, is 12 amended by striking the subsection. 13 Sec. ___. Section 103.13, subsection 4, Code 2020, is 14 amended by striking the subsection. 15 Sec. ___. Section 103.15, subsection 7, Code 2020, is 16 amended by striking the subsection. 17 Sec. ___. Section 105.10, subsection 5, Code 2020, is 18 amended by striking the subsection. 19 Sec. ___. Section 105.22, subsection 4, Code 2020, is 20 amended by striking the subsection. 21 Sec. ___. Section 147.3, Code 2020, is amended to read as 22 follows: 23 147.3 Qualifications. 24 An applicant for a license to practice a profession under 25 this subtitle is not ineligible because of age, citizenship, 26 sex, race, religion, marital status, or national origin, 27 although the application form may require citizenship 28 information. A board may consider the past criminal record of 29 an applicant only if the conviction relates to the practice of 30 the profession for which the applicant requests to be licensed. 31 Sec. ___. Section 147.55, subsection 5, Code 2020, is 32 amended by striking the subsection. 33 Sec. ___. Section 147A.7, subsection 1, paragraph j, Code 34 2020, is amended by striking the paragraph. 35 -1- H8250.4380 (4) 88 ss/rh 1/ 7 #1.

Sec. ___. Section 148.6, subsection 2, paragraph b, Code 1 2020, is amended by striking the paragraph. 2 Sec. ___. Section 148H.7, subsection 1, paragraph a, Code 3 2020, is amended by striking the paragraph. 4 Sec. ___. Section 151.9, subsection 5, Code 2020, is amended 5 by striking the subsection. 6 Sec. ___. Section 152.10, subsection 2, paragraph c, Code 7 2020, is amended by striking the paragraph. 8 Sec. ___. Section 153.34, subsection 9, Code 2020, is 9 amended by striking the subsection. 10 Sec. ___. Section 154A.24, subsection 1, Code 2020, is 11 amended by striking the subsection. 12 Sec. ___. Section 156.9, subsection 2, paragraph e, Code 13 2020, is amended by striking the paragraph. 14 Sec. ___. Section 272.1, Code 2020, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 5A. “Offense directly relates” refers to 17 either of the following: 18 a. The actions taken in furtherance of an offense are 19 actions customarily performed within the scope of practice of 20 a licensed profession. 21 b. The circumstances under which an offense was committed 22 are circumstances customary to a licensed profession. 23 Sec. ___. Section 272.2, subsection 14, paragraph a, Code 24 2020, is amended to read as follows: 25 a. The board may deny a license to or revoke the license 26 of a person upon the board’s finding by a preponderance of 27 evidence that either the person has been convicted of a crime 28 an offense and the offense directly relates to the duties and 29 responsibilities of the profession or that there has been 30 a founded report of child abuse against the person. Rules 31 adopted in accordance with this paragraph shall provide that 32 in determining whether a person should be denied a license or 33 that a practitioner’s license should be revoked, the board 34 shall consider the nature and seriousness of the founded abuse 35 -2- H8250.4380 (4) 88 ss/rh 2/ 7

or crime in relation to the position sought, the time elapsed 1 since the crime was committed, the degree of rehabilitation 2 which has taken place since the incidence of founded abuse or 3 the commission of the crime, the likelihood that the person 4 will commit the same abuse or crime again, and the number of 5 founded abuses committed by or criminal convictions of the 6 person involved. 7 Sec. ___. Section 272C.1, Code 2020, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 7A. “Offense directly relates” refers to 10 either of the following: 11 a. The actions taken in furtherance of an offense are 12 actions customarily performed within the scope of practice of 13 a licensed profession. 14 b. The circumstances under which an offense was committed 15 are circumstances customary to a licensed profession. 16 Sec. ___. Section 272C.10, subsection 5, Code 2020, is 17 amended by striking the subsection and inserting in lieu 18 thereof the following: 19 5. Conviction of a felony offense, if the offense directly 20 relates to the profession or occupation of the licensee, in the 21 courts of this state or another state, territory, or country. 22 Conviction as used in this subsection includes a conviction of 23 an offense which if committed in this state would be a felony 24 without regard to its designation elsewhere, and includes a 25 finding or verdict of guilt made or returned in a criminal 26 proceeding even if the adjudication of guilt is withheld or not 27 entered. A certified copy of the final order or judgment of 28 conviction or plea of guilty in this state or in another state 29 constitutes conclusive evidence of the conviction. 30 Sec. ___. NEW SECTION . 272C.12 Disqualifications for 31 criminal convictions limited. 32 1. Notwithstanding any other provision of law to the 33 contrary, except for chapter 272, a person’s conviction of a 34 crime may be grounds for the denial, revocation, or suspension 35 -3- H8250.4380 (4) 88 ss/rh 3/ 7

of a license only if an unreasonable risk to public safety 1 exists because the offense directly relates to the duties 2 and responsibilities of the profession and the appropriate 3 licensing board, agency, or department does not grant an 4 exception pursuant to subsection 4. 5 2. A licensing board, agency, or department that may deny a 6 license on the basis of an applicant’s conviction record shall 7 provide a list of the specific convictions that may disqualify 8 an applicant from receiving a license. Any such offense 9 shall be an offense that directly relates to the duties and 10 responsibilities of the profession. 11 3. A licensing board, agency, or department shall not deny 12 an application for a license on the basis of an arrest that 13 was not followed by a conviction or based on a finding that an 14 applicant lacks good character, suffers from moral turpitude, 15 or on other similar basis. 16 4. A licensing board, agency, or department shall grant 17 an exception to an applicant who would otherwise be denied a 18 license due to a criminal conviction if the following factors 19 establish by clear and convincing evidence that the applicant 20 is rehabilitated and an appropriate candidate for licensure: 21 a. The nature and seriousness of the crime for which the 22 applicant was convicted. 23 b. The amount of time that has passed since the commission 24 of the crime. There is a rebuttable presumption that an 25 applicant is rehabilitated and an appropriate candidate 26 for licensure five years after the date of the applicant’s 27 release from incarceration, provided that the applicant was 28 not convicted of sexual abuse in violation of section 709.4, 29 a sexually violent offense as defined in section 229A.2, 30 dependent adult abuse in violation of section 235B.20, a 31 forcible felony as defined in section 702.11, or domestic abuse 32 assault in violation of section 708.2A, and the applicant 33 has not been convicted of another crime after release from 34 incarceration. 35 -4- H8250.4380 (4) 88 ss/rh 4/ 7

c. The circumstances relative to the offense, including any 1 aggravating and mitigating circumstances or social conditions 2 surrounding the commission of the offense. 3 d. The age of the applicant at the time the offense was 4 committed. 5 e. Any treatment undertaken by the applicant. 6 f. Whether a certification of employability has been issued 7 to the applicant pursuant to section 906.19. 8 g. Any letters of reference submitted on behalf of the 9 applicant. 10 h. All other relevant evidence of rehabilitation and present 11 fitness of the applicant. 12 5. An applicant may petition the relevant licensing board, 13 agency, or department, in a form prescribed by the board, 14 agency, or department, for a determination as to whether the 15 applicant’s criminal record will prevent the applicant from 16 receiving a license. The board, agency, or department shall 17 issue such a determination at the next regularly scheduled 18 meeting of the board, agency, or department or within thirty 19 days of receiving the petition, whichever is later. The 20 board, agency, or department shall hold a closed session 21 while determining whether an applicant’s criminal record will 22 prevent the applicant from receiving a license and while 23 determining whether to deny an applicant’s application on 24 the basis of an applicant’s criminal conviction. A board, 25 agency, or department may charge a fee to recoup the costs of 26 such a determination, provided that such fee shall not exceed 27 twenty-five dollars. 28 6. a. A licensing board, agency, or department that 29 denies an applicant a license solely or partly because of 30 the applicant’s prior conviction of a crime shall notify the 31 applicant in writing of all of the following: 32 (1) The grounds for the denial or disqualification. 33 (2) That the applicant has the right to a hearing to 34 challenge the licensing authority’s decision. 35 -5- H8250.4380 (4) 88 ss/rh 5/ 7

(3) The earliest date the applicant may submit a new 1 application. 2 (4) That evidence of rehabilitation of the applicant may be 3 considered upon reapplication. 4 b. A determination by a licensing board, agency, or 5 department that an applicant’s criminal conviction is 6 specifically listed as a disqualifying conviction and the 7 offense directly relates to the duties and responsibilities 8 of the applicant’s profession must be documented in written 9 findings for each factor specified in subsection 4 sufficient 10 for a review by a court. 11 c. In any administrative or civil hearing authorized by 12 this section or chapter 17A, a licensing board, agency, or 13 department shall carry the burden of proof on the question of 14 whether the applicant’s criminal offense directly relates to 15 the duties and responsibilities of the profession for which the 16 license is sought. 17 7. A board, agency, or department may require an applicant 18 with a criminal record to submit the applicant’s complete 19 criminal record detailing an applicant’s offenses with an 20 application. A board, agency, or department may also require 21 an applicant with a criminal record to submit a personal 22 statement regarding whether each offense directly relates to 23 the duties and performance of the applicant’s occupation. For 24 the purposes of this subsection, “complete criminal record” 25 includes the complaint and judgment of conviction for each 26 offense of which the applicant has been convicted. 27 Sec. ___. RULEMAKING PROCEDURES AND APPLICABILITY. 28 1. The boards designated in section 147.13 other than the 29 board of medicine, the board of nursing, the dental board, and 30 the board of pharmacy, when carrying out rulemaking pursuant to 31 chapter 17A to implement the provisions of this Act, shall each 32 adopt the same rules, which shall be applicable to all such 33 boards. The bureau of professional licensure of the department 34 of public health shall assist the boards in carrying out such 35 -6- H8250.4380 (4) 88 ss/rh 6/ 7

rulemaking. 1 2. The accountancy examining board, the architectural 2 examining board, the engineering and land surveying examining 3 board, the interior design examining board, the landscape 4 architectural examining board, and the real estate commission, 5 when carrying out rulemaking pursuant to chapter 17A to 6 implement the provisions of this Act, shall each adopt the same 7 rules, which shall be applicable to all such boards and the 8 real estate commission. The professional licensing bureau of 9 the department of commerce shall assist the boards and the real 10 estate commission in carrying out such rulemaking. 11 3. This section shall not apply to any rulemaking pursuant 12 to chapter 17A by a board or commission to implement the 13 provisions of this Act that the board or commission determines 14 is necessary to address circumstances or legal requirements 15 uniquely applicable to the board or commission. 16 Sec. ___. EFFECTIVE DATE. This Act takes effect January 1, 17 2021. 18 ___. Title page, by striking lines 1 through 6 and 19 inserting < An Act relating to disqualifications from holding 20 a professional license in this state due to a criminal 21 conviction, and including effective date provisions. >> 22 ______________________________ WOLFE of Clinton -7- H8250.4380 (4) 88 ss/rh 7/ 7