House
File
2627
S-5153
Amend
House
File
2627,
as
amended,
passed,
and
reprinted
by
1
the
House,
as
follows:
2
1.
By
striking
everything
after
the
enacting
clause
and
3
inserting:
4
<
Section
1.
Section
103.6,
subsection
1,
paragraph
e,
Code
5
2020,
is
amended
by
striking
the
paragraph.
6
Sec.
2.
Section
103.9,
subsection
3,
Code
2020,
is
amended
7
by
striking
the
subsection.
8
Sec.
3.
Section
103.10,
subsection
6,
Code
2020,
is
amended
9
by
striking
the
subsection.
10
Sec.
4.
Section
103.12,
subsection
6,
Code
2020,
is
amended
11
by
striking
the
subsection.
12
Sec.
5.
Section
103.12A,
subsection
4,
Code
2020,
is
amended
13
by
striking
the
subsection.
14
Sec.
6.
Section
103.13,
subsection
4,
Code
2020,
is
amended
15
by
striking
the
subsection.
16
Sec.
7.
Section
103.15,
subsection
7,
Code
2020,
is
amended
17
by
striking
the
subsection.
18
Sec.
8.
Section
105.10,
subsection
5,
Code
2020,
is
amended
19
by
striking
the
subsection.
20
Sec.
9.
Section
105.22,
subsection
4,
Code
2020,
is
amended
21
by
striking
the
subsection.
22
Sec.
10.
Section
147.3,
Code
2020,
is
amended
to
read
as
23
follows:
24
147.3
Qualifications.
25
An
applicant
for
a
license
to
practice
a
profession
under
26
this
subtitle
is
not
ineligible
because
of
age,
citizenship,
27
sex,
race,
religion,
marital
status,
or
national
origin,
28
although
the
application
form
may
require
citizenship
29
information.
A
board
may
consider
the
past
criminal
record
of
30
an
applicant
only
if
the
conviction
relates
to
the
practice
of
31
the
profession
for
which
the
applicant
requests
to
be
licensed.
32
Sec.
11.
Section
147.55,
subsection
5,
Code
2020,
is
amended
33
by
striking
the
subsection.
34
Sec.
12.
Section
147A.7,
subsection
1,
paragraph
j,
Code
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#1.
2020,
is
amended
by
striking
the
paragraph.
1
Sec.
13.
Section
148.6,
subsection
2,
paragraph
b,
Code
2
2020,
is
amended
by
striking
the
paragraph.
3
Sec.
14.
Section
148H.7,
subsection
1,
paragraph
a,
Code
4
2020,
is
amended
by
striking
the
paragraph.
5
Sec.
15.
Section
151.9,
subsection
5,
Code
2020,
is
amended
6
by
striking
the
subsection.
7
Sec.
16.
Section
152.10,
subsection
2,
paragraph
c,
Code
8
2020,
is
amended
by
striking
the
paragraph.
9
Sec.
17.
Section
153.34,
subsection
9,
Code
2020,
is
amended
10
by
striking
the
subsection.
11
Sec.
18.
Section
154A.24,
subsection
1,
Code
2020,
is
12
amended
by
striking
the
subsection.
13
Sec.
19.
Section
156.9,
subsection
2,
paragraph
e,
Code
14
2020,
is
amended
by
striking
the
paragraph.
15
Sec.
20.
Section
272.1,
Code
2020,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
5A.
“Offense
directly
relates”
refers
to
18
either
of
the
following:
19
a.
The
actions
taken
in
furtherance
of
an
offense
are
20
actions
customarily
performed
within
the
scope
of
practice
of
21
a
licensed
profession.
22
b.
The
circumstances
under
which
an
offense
was
committed
23
are
circumstances
customary
to
a
licensed
profession.
24
Sec.
21.
Section
272.2,
subsection
14,
paragraph
a,
Code
25
2020,
is
amended
to
read
as
follows:
26
a.
The
board
may
deny
a
license
to
or
revoke
the
license
27
of
a
person
upon
the
board’s
finding
by
a
preponderance
of
28
evidence
that
either
the
person
has
been
convicted
of
a
crime
29
an
offense
and
the
offense
directly
relates
to
the
duties
and
30
responsibilities
of
the
profession
or
that
there
has
been
31
a
founded
report
of
child
abuse
against
the
person.
Rules
32
adopted
in
accordance
with
this
paragraph
shall
provide
that
33
in
determining
whether
a
person
should
be
denied
a
license
or
34
that
a
practitioner’s
license
should
be
revoked,
the
board
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shall
consider
the
nature
and
seriousness
of
the
founded
abuse
1
or
crime
in
relation
to
the
position
sought,
the
time
elapsed
2
since
the
crime
was
committed,
the
degree
of
rehabilitation
3
which
has
taken
place
since
the
incidence
of
founded
abuse
or
4
the
commission
of
the
crime,
the
likelihood
that
the
person
5
will
commit
the
same
abuse
or
crime
again,
and
the
number
of
6
founded
abuses
committed
by
or
criminal
convictions
of
the
7
person
involved.
8
Sec.
22.
Section
272C.1,
Code
2020,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
7A.
“Offense
directly
relates”
refers
to
11
either
of
the
following:
12
a.
The
actions
taken
in
furtherance
of
an
offense
are
13
actions
customarily
performed
within
the
scope
of
practice
of
14
a
licensed
profession.
15
b.
The
circumstances
under
which
an
offense
was
committed
16
are
circumstances
customary
to
a
licensed
profession.
17
Sec.
23.
Section
272C.10,
subsection
5,
Code
2020,
is
18
amended
by
striking
the
subsection
and
inserting
in
lieu
19
thereof
the
following:
20
5.
Conviction
of
a
felony
offense,
if
the
offense
directly
21
relates
to
the
profession
or
occupation
of
the
licensee,
in
the
22
courts
of
this
state
or
another
state,
territory,
or
country.
23
Conviction
as
used
in
this
subsection
includes
a
conviction
of
24
an
offense
which
if
committed
in
this
state
would
be
a
felony
25
without
regard
to
its
designation
elsewhere,
and
includes
a
26
finding
or
verdict
of
guilt
made
or
returned
in
a
criminal
27
proceeding
even
if
the
adjudication
of
guilt
is
withheld
or
not
28
entered.
A
certified
copy
of
the
final
order
or
judgment
of
29
conviction
or
plea
of
guilty
in
this
state
or
in
another
state
30
constitutes
conclusive
evidence
of
the
conviction.
31
Sec.
24.
NEW
SECTION
.
272C.12
Disqualifications
for
32
criminal
convictions
limited.
33
1.
Notwithstanding
any
other
provision
of
law
to
the
34
contrary,
except
for
chapter
272,
a
person’s
conviction
of
a
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crime
may
be
grounds
for
the
denial,
revocation,
or
suspension
1
of
a
license
only
if
an
unreasonable
risk
to
public
safety
2
exists
because
the
offense
directly
relates
to
the
duties
3
and
responsibilities
of
the
profession
and
the
appropriate
4
licensing
board,
agency,
or
department
does
not
grant
an
5
exception
pursuant
to
subsection
4.
6
2.
A
licensing
board,
agency,
or
department
that
may
deny
a
7
license
on
the
basis
of
an
applicant’s
conviction
record
shall
8
provide
a
list
of
the
specific
convictions
that
may
disqualify
9
an
applicant
from
receiving
a
license.
Any
such
offense
10
shall
be
an
offense
that
directly
relates
to
the
duties
and
11
responsibilities
of
the
profession.
12
3.
A
licensing
board,
agency,
or
department
shall
not
deny
13
an
application
for
a
license
on
the
basis
of
an
arrest
that
14
was
not
followed
by
a
conviction
or
based
on
a
finding
that
an
15
applicant
lacks
good
character,
suffers
from
moral
turpitude,
16
or
on
other
similar
basis.
17
4.
A
licensing
board,
agency,
or
department
shall
grant
18
an
exception
to
an
applicant
who
would
otherwise
be
denied
a
19
license
due
to
a
criminal
conviction
if
the
following
factors
20
establish
by
clear
and
convincing
evidence
that
the
applicant
21
is
rehabilitated
and
an
appropriate
candidate
for
licensure:
22
a.
The
nature
and
seriousness
of
the
crime
for
which
the
23
applicant
was
convicted.
24
b.
The
amount
of
time
that
has
passed
since
the
commission
25
of
the
crime.
There
is
a
rebuttable
presumption
that
an
26
applicant
is
rehabilitated
and
an
appropriate
candidate
27
for
licensure
five
years
after
the
date
of
the
applicant’s
28
release
from
incarceration,
provided
that
the
applicant
was
29
not
convicted
of
sexual
abuse
in
violation
of
section
709.4,
30
a
sexually
violent
offense
as
defined
in
section
229A.2,
31
dependent
adult
abuse
in
violation
of
section
235B.20,
a
32
forcible
felony
as
defined
in
section
702.11,
or
domestic
abuse
33
assault
in
violation
of
section
708.2A,
and
the
applicant
34
has
not
been
convicted
of
another
crime
after
release
from
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incarceration.
1
c.
The
circumstances
relative
to
the
offense,
including
any
2
aggravating
and
mitigating
circumstances
or
social
conditions
3
surrounding
the
commission
of
the
offense.
4
d.
The
age
of
the
applicant
at
the
time
the
offense
was
5
committed.
6
e.
Any
treatment
undertaken
by
the
applicant.
7
f.
Whether
a
certification
of
employability
has
been
issued
8
to
the
applicant
pursuant
to
section
906.19.
9
g.
Any
letters
of
reference
submitted
on
behalf
of
the
10
applicant.
11
h.
All
other
relevant
evidence
of
rehabilitation
and
present
12
fitness
of
the
applicant.
13
5.
An
applicant
may
petition
the
relevant
licensing
board,
14
agency,
or
department,
in
a
form
prescribed
by
the
board,
15
agency,
or
department,
for
a
determination
as
to
whether
the
16
applicant’s
criminal
record
will
prevent
the
applicant
from
17
receiving
a
license.
The
board,
agency,
or
department
shall
18
issue
such
a
determination
at
the
next
regularly
scheduled
19
meeting
of
the
board,
agency,
or
department
or
within
thirty
20
days
of
receiving
the
petition,
whichever
is
later.
The
21
board,
agency,
or
department
shall
hold
a
closed
session
22
while
determining
whether
an
applicant’s
criminal
record
will
23
prevent
the
applicant
from
receiving
a
license
and
while
24
determining
whether
to
deny
an
applicant’s
application
on
25
the
basis
of
an
applicant’s
criminal
conviction.
A
board,
26
agency,
or
department
may
charge
a
fee
to
recoup
the
costs
of
27
such
a
determination,
provided
that
such
fee
shall
not
exceed
28
twenty-five
dollars.
29
6.
a.
A
licensing
board,
agency,
or
department
that
30
denies
an
applicant
a
license
solely
or
partly
because
of
31
the
applicant’s
prior
conviction
of
a
crime
shall
notify
the
32
applicant
in
writing
of
all
of
the
following:
33
(1)
The
grounds
for
the
denial
or
disqualification.
34
(2)
That
the
applicant
has
the
right
to
a
hearing
to
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challenge
the
licensing
authority’s
decision.
1
(3)
The
earliest
date
the
applicant
may
submit
a
new
2
application.
3
(4)
That
evidence
of
rehabilitation
of
the
applicant
may
be
4
considered
upon
reapplication.
5
b.
A
determination
by
a
licensing
board,
agency,
or
6
department
that
an
applicant’s
criminal
conviction
is
7
specifically
listed
as
a
disqualifying
conviction
and
the
8
offense
directly
relates
to
the
duties
and
responsibilities
9
of
the
applicant’s
profession
must
be
documented
in
written
10
findings
for
each
factor
specified
in
subsection
4
sufficient
11
for
a
review
by
a
court.
12
c.
In
any
administrative
or
civil
hearing
authorized
by
13
this
section
or
chapter
17A,
a
licensing
board,
agency,
or
14
department
shall
carry
the
burden
of
proof
on
the
question
of
15
whether
the
applicant’s
criminal
offense
directly
relates
to
16
the
duties
and
responsibilities
of
the
profession
for
which
the
17
license
is
sought.
18
7.
A
board,
agency,
or
department
may
require
an
applicant
19
with
a
criminal
record
to
submit
the
applicant’s
complete
20
criminal
record
detailing
an
applicant’s
offenses
with
an
21
application.
A
board,
agency,
or
department
may
also
require
22
an
applicant
with
a
criminal
record
to
submit
a
personal
23
statement
regarding
whether
each
offense
directly
relates
to
24
the
duties
and
performance
of
the
applicant’s
occupation.
For
25
the
purposes
of
this
subsection,
“complete
criminal
record”
26
includes
the
complaint
and
judgment
of
conviction
for
each
27
offense
of
which
the
applicant
has
been
convicted.
28
Sec.
25.
RULEMAKING
PROCEDURES
AND
APPLICABILITY.
29
1.
The
boards
designated
in
section
147.13
other
than
the
30
board
of
medicine,
the
board
of
nursing,
the
dental
board,
and
31
the
board
of
pharmacy,
when
carrying
out
rulemaking
pursuant
to
32
chapter
17A
to
implement
the
provisions
of
this
Act,
shall
each
33
adopt
the
same
rules,
which
shall
be
applicable
to
all
such
34
boards.
The
bureau
of
professional
licensure
of
the
department
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of
public
health
shall
assist
the
boards
in
carrying
out
such
1
rulemaking.
2
2.
The
accountancy
examining
board,
the
architectural
3
examining
board,
the
engineering
and
land
surveying
examining
4
board,
the
interior
design
examining
board,
the
landscape
5
architectural
examining
board,
and
the
real
estate
commission,
6
when
carrying
out
rulemaking
pursuant
to
chapter
17A
to
7
implement
the
provisions
of
this
Act,
shall
each
adopt
the
same
8
rules,
which
shall
be
applicable
to
all
such
boards
and
the
9
real
estate
commission.
The
professional
licensing
bureau
of
10
the
department
of
commerce
shall
assist
the
boards
and
the
real
11
estate
commission
in
carrying
out
such
rulemaking.
12
3.
This
section
shall
not
apply
to
any
rulemaking
pursuant
13
to
chapter
17A
by
a
board
or
commission
to
implement
the
14
provisions
of
this
Act
that
the
board
or
commission
determines
15
is
necessary
to
address
circumstances
or
legal
requirements
16
uniquely
applicable
to
the
board
or
commission.
17
Sec.
26.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
18
2021.
>
19
2.
Title
page,
by
striking
lines
1
through
4
and
inserting
20
<
An
Act
relating
to
disqualifications
from
holding
a
21
professional
license
in
this
state
due
to
criminal
convictions,
22
and
including
effective
date
provisions.
>
23
______________________________
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