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, 1 certificates, and registrations to persons licensed in other 2 states, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5103SV (3) 88 ss/rh

S.F. 2393 Section 1. Section 103.1, Code 2020, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 11A. “Offense directly relates” refers to 3 either of the following: 4 a. The actions taken in furtherance of an offense are 5 actions customarily performed within the scope of practice of 6 a licensed profession. 7 b. The circumstances under which an offense was committed 8 are circumstances customary to a licensed profession. 9 Sec. 2. Section 103.6, subsection 1, paragraph e, Code 2020, 10 is amended to read as follows: 11 e. Grant an exception for a person who would otherwise be 12 denied a license due to a criminal conviction under specified 13 circumstances. When considering such an exception, the 14 board shall consider the following if the following factors 15 establish, by clear and convincing evidence, that the person is 16 rehabilitated and an appropriate candidate for licensure : the 17 nature and seriousness of any offense of which the person was 18 convicted, all circumstances relative to the offense, including 19 mitigating circumstances or social conditions surrounding the 20 commission of the offense, the age of the person at the time 21 the offense was committed, the length of time that has elapsed 22 since the offense was committed, any treatment undertaken by 23 the person, whether a certificate of employability has been 24 issued to the person pursuant to section 906.19, letters of 25 reference, and all other relevant evidence of rehabilitation 26 and present fitness presented. If an exception is not granted, 27 the board shall convey in writing to the person the grounds 28 for the denial, including specific determinations for finding 29 that the person is not rehabilitated and not an appropriate 30 candidate for licensure based on the listed factors. A person 31 holding a license prior to July 1, 2019, shall not be required 32 to obtain an exception to maintain a license. 33 Sec. 3. Section 103.9, subsection 3, Code 2020, is amended 34 to read as follows: 35 -1- LSB 5103SV (3) 88 ss/rh 1/ 22

S.F. 2393 3. Conviction of a felony in Iowa that is sexual abuse 1 in violation of section 709.4 , a sexually violent offense as 2 defined in section 229A.2 , the offense of dependent adult abuse 3 in violation of section 235B.20 , a forcible felony as defined 4 in section 702.11 , or the offense of domestic abuse assault in 5 violation of section 708.2A , shall may be grounds for denial, 6 revocation, or suspension of a license if an unreasonable risk 7 to public safety exists because the offense directly relates to 8 the duties and responsibilities of the profession and the board 9 does not grant an exception . Conviction for any other felony 10 or misdemeanor shall not be grounds for denial, revocation, 11 or suspension. A conviction of a crime in violation of 12 federal law or in violation of the law of another state shall 13 be given the same effect as it would if such conviction had 14 been under Iowa law. If federal law or the laws of another 15 state do not provide for offenses or violations denominated 16 or described in precisely the same words as Iowa law, the 17 department shall determine whether those offenses or violations 18 are substantially similar in nature to Iowa law and apply those 19 offenses or violations accordingly. 20 Sec. 4. Section 103.9, Code 2020, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 4. A person may petition the board, 23 in a form prescribed by the board, for a determination of 24 whether the person’s criminal record will prevent the person 25 from receiving a license. The board shall issue such a 26 determination at the next regularly scheduled meeting of 27 the board or within thirty days of receiving the petition, 28 whichever is later. The board may charge a fee to recoup the 29 costs of such determination, provided that such fee shall not 30 exceed twenty-five dollars. 31 Sec. 5. Section 103.10, subsection 6, Code 2020, is amended 32 to read as follows: 33 6. Conviction of a felony in Iowa that is sexual abuse 34 in violation of section 709.4 , a sexually violent offense as 35 -2- LSB 5103SV (3) 88 ss/rh 2/ 22

S.F. 2393 defined in section 229A.2 , the offense of dependent adult abuse 1 in violation of section 235B.20 , a forcible felony as defined 2 in section 702.11 , or the offense of domestic abuse assault in 3 violation of section 708.2A , shall may be grounds for denial, 4 revocation, or suspension of a license if an unreasonable risk 5 to public safety exists because the offense directly relates to 6 the duties and responsibilities of the profession and the board 7 does not grant an exception . Conviction for any other felony 8 or misdemeanor shall not be grounds for denial, revocation, 9 or suspension. A conviction of a crime in violation of 10 federal law or in violation of the law of another state shall 11 be given the same effect as it would if such conviction had 12 been under Iowa law. If federal law or the laws of another 13 state do not provide for offenses or violations denominated 14 or described in precisely the same words as Iowa law, the 15 department shall determine whether those offenses or violations 16 are substantially similar in nature to Iowa law and apply those 17 offenses or violations accordingly. 18 Sec. 6. Section 103.10, Code 2020, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 7. A person may petition the board, 21 in a form prescribed by the board, for a determination of 22 whether the person’s criminal record will prevent the person 23 from receiving a license. The board shall issue such a 24 determination at the next regularly scheduled meeting of 25 the board or within thirty days of receiving the petition, 26 whichever is later. The board may charge a fee to recoup the 27 costs of such a determination, provided that such fee shall not 28 exceed twenty-five dollars. 29 Sec. 7. Section 103.12, subsection 6, Code 2020, is amended 30 to read as follows: 31 6. Conviction of a felony in Iowa that is sexual abuse 32 in violation of section 709.4 , a sexually violent offense as 33 defined in section 229A.2 , the offense of dependent adult abuse 34 in violation of section 235B.20 , a forcible felony as defined 35 -3- LSB 5103SV (3) 88 ss/rh 3/ 22

S.F. 2393 in section 702.11 , or the offense of domestic abuse assault in 1 violation of section 708.2A , shall may be grounds for denial, 2 revocation, or suspension of a license if an unreasonable risk 3 to public safety exists because the offense directly relates to 4 the duties and responsibilities of the profession and the board 5 does not grant an exception . Conviction for any other felony 6 or misdemeanor shall not be grounds for denial, revocation, 7 or suspension. A conviction of a crime in violation of 8 federal law or in violation of the law of another state shall 9 be given the same effect as it would if such conviction had 10 been under Iowa law. If federal law or the laws of another 11 state do not provide for offenses or violations denominated 12 or described in precisely the same words as Iowa law, the 13 department shall determine whether those offenses or violations 14 are substantially similar in nature to Iowa law and apply those 15 offenses or violations accordingly. 16 Sec. 8. Section 103.12, Code 2020, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 7. A person may petition the board, 19 in a form prescribed by the board, for a determination of 20 whether the person’s criminal record will prevent the person 21 from receiving a license. The board shall issue such a 22 determination at the next regularly scheduled meeting of 23 the board or within thirty days of receiving the petition, 24 whichever is later. The board may charge a fee to recoup the 25 costs of such a determination, provided that such fee shall not 26 exceed twenty-five dollars. 27 Sec. 9. Section 103.12A, subsection 4, Code 2020, is amended 28 to read as follows: 29 4. Conviction of a felony in Iowa that is sexual abuse 30 in violation of section 709.4 , a sexually violent offense as 31 defined in section 229A.2 , the offense of dependent adult abuse 32 in violation of section 235B.20 , a forcible felony as defined 33 in section 702.11 , or the offense of domestic abuse assault in 34 violation of section 708.2A , shall may be grounds for denial, 35 -4- LSB 5103SV (3) 88 ss/rh 4/ 22

S.F. 2393 revocation, or suspension of a license if an unreasonable risk 1 to public safety exists because the offense directly relates to 2 the duties and responsibilities of the profession and the board 3 does not grant an exception . Conviction for any other felony 4 or misdemeanor shall not be grounds for denial, revocation, 5 or suspension. A conviction of a crime in violation of 6 federal law or in violation of the law of another state shall 7 be given the same effect as it would if such conviction had 8 been under Iowa law. If federal law or the laws of another 9 state do not provide for offenses or violations denominated 10 or described in precisely the same words as Iowa law, the 11 department shall determine whether those offenses or violations 12 are substantially similar in nature to Iowa law and apply those 13 offenses or violations accordingly. 14 Sec. 10. Section 103.12A, Code 2020, is amended by adding 15 the following new subsection: 16 NEW SUBSECTION . 5. A person may petition the board, 17 in a form prescribed by the board, for a determination as 18 to whether the person’s criminal record will prevent the 19 person from receiving a license. The board shall issue such 20 a determination at the next regularly scheduled meeting of 21 the board or within thirty days of receiving the petition, 22 whichever is later. The board may charge a fee to recoup the 23 costs of such a determination, provided that such fee shall not 24 exceed twenty-five dollars. 25 Sec. 11. Section 103.13, subsection 4, Code 2020, is amended 26 to read as follows: 27 4. Conviction of a felony in Iowa that is sexual abuse 28 in violation of section 709.4 , a sexually violent offense as 29 defined in section 229A.2 , the offense of dependent adult abuse 30 in violation of section 235B.20 , a forcible felony as defined 31 in section 702.11 , or the offense of domestic abuse assault in 32 violation of section 708.2A , shall may be grounds for denial, 33 revocation, or suspension of a license if an unreasonable risk 34 to public safety exists because the offense directly relates to 35 -5- LSB 5103SV (3) 88 ss/rh 5/ 22

S.F. 2393 the duties and responsibilities of the profession and the board 1 does not grant an exception . Conviction for any other felony 2 or misdemeanor shall not be grounds for denial, revocation, 3 or suspension. A conviction of a crime in violation of 4 federal law or in violation of the law of another state shall 5 be given the same effect as it would if such conviction had 6 been under Iowa law. If federal law or the laws of another 7 state do not provide for offenses or violations denominated 8 or described in precisely the same words as Iowa law, the 9 department shall determine whether those offenses or violations 10 are substantially similar in nature to Iowa law and apply those 11 offenses or violations accordingly. 12 Sec. 12. Section 103.13, Code 2020, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 5. A person may petition the board, 15 in a form prescribed by the board, for a determination as 16 to whether the person’s criminal record will prevent the 17 person from receiving a license. The board shall issue such 18 a determination at the next regularly scheduled meeting of 19 the board or within thirty days of receiving the petition, 20 whichever is later. The board may charge a fee to recoup the 21 costs of such a determination, provided that such fee shall not 22 exceed twenty-five dollars. 23 Sec. 13. Section 103.15, subsections 6 and 7, Code 2020, are 24 amended to read as follows: 25 6. The board may reject an application for licensure 26 under this section from an applicant who would be subject 27 to suspension, revocation, or reprimand pursuant to section 28 103.35 . The board shall not reject an application for 29 licensure under this section based solely on the incarceration 30 status or duration of time since release from incarceration of 31 an applicant. 32 7. Conviction of a felony in Iowa that is sexual abuse 33 in violation of section 709.4 , a sexually violent offense as 34 defined in section 229A.2 , the offense of dependent adult abuse 35 -6- LSB 5103SV (3) 88 ss/rh 6/ 22

S.F. 2393 in violation of section 235B.20 , a forcible felony as defined 1 in section 702.11 , or the offense of domestic abuse assault in 2 violation of section 708.2A , shall may be grounds for denial, 3 revocation, or suspension of a license if an unreasonable risk 4 to public safety exists because the offense directly relates to 5 the duties and responsibilities of the profession and the board 6 does not grant an exception . Conviction for any other felony 7 or misdemeanor shall not be grounds for denial, revocation, 8 or suspension. A conviction of a crime in violation of 9 federal law or in violation of the law of another state shall 10 be given the same effect as it would if such conviction had 11 been under Iowa law. If federal law or the laws of another 12 state do not provide for offenses or violations denominated 13 or described in precisely the same words as Iowa law, the 14 department shall determine whether those offenses or violations 15 are substantially similar in nature to Iowa law and apply those 16 offenses or violations accordingly. 17 Sec. 14. Section 103.15, Code 2020, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 8. A person may petition the board, 20 in a form prescribed by the board, for a determination of 21 whether the person’s criminal record will prevent the person 22 from receiving a license. The board shall issue such a 23 determination at the next regularly scheduled meeting of 24 the board or within thirty days of receiving the petition, 25 whichever is later. The board may charge a fee to recoup the 26 costs of such a determination, provided that such fee shall not 27 exceed twenty-five dollars. 28 Sec. 15. Section 105.2, Code 2020, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 14A. “Offense directly relates” refers to 31 either of the following: 32 a. The actions taken in furtherance of an offense are 33 actions customarily performed within the scope of practice of 34 a licensed profession. 35 -7- LSB 5103SV (3) 88 ss/rh 7/ 22

S.F. 2393 b. The circumstances under which an offense was committed 1 are circumstances customary to a licensed profession. 2 Sec. 16. Section 105.10, subsection 5, Code 2020, is amended 3 to read as follows: 4 5. The board may shall grant an exception for a person 5 who would otherwise be denied a license due to a criminal 6 conviction under specified circumstances. When considering 7 such an exception, the board shall consider the following 8 if the following factors establish, by clear and convincing 9 evidence, that the person is rehabilitated and an appropriate 10 candidate for licensure : the nature and seriousness of any 11 offense of which the person was convicted, all circumstances 12 relative to the offense, including mitigating circumstances or 13 social conditions surrounding the commission of the offense, 14 the age of the person at the time the offense was committed, 15 the length of time that has elapsed since the offense was 16 committed, any treatment undertaken by the person, whether a 17 certificate of employability has been issued to the person 18 pursuant to section 906.19, letters of reference, and all 19 other relevant evidence of rehabilitation and present fitness 20 presented. If an exception is not granted by the board, the 21 board shall convey in writing to the person the grounds for the 22 denial, including specific determinations for finding that the 23 person is not rehabilitated and not an appropriate candidate 24 for licensure based on the listed factors. A person holding a 25 license prior to July 1, 2019, shall not be required to obtain 26 an exception to maintain a license. 27 Sec. 17. Section 105.22, subsection 4, Code 2020, is amended 28 to read as follows: 29 4. Conviction of a felony in Iowa that is sexual abuse 30 in violation of section 709.4 , a sexually violent offense as 31 defined in section 229A.2 , the offense of dependent adult abuse 32 in violation of section 235B.20 , a forcible felony as defined 33 in section 702.11 , or the offense of domestic abuse assault in 34 violation of section 708.2A , shall may be grounds for denial, 35 -8- LSB 5103SV (3) 88 ss/rh 8/ 22

S.F. 2393 revocation, or suspension of a license if an unreasonable risk 1 to public safety exists because the offense directly relates to 2 the duties and responsibilities of the profession and the board 3 does not grant an exception . Conviction for any other felony 4 or misdemeanor shall not be grounds for denial, revocation, 5 or suspension. A conviction of a crime in violation of 6 federal law or in violation of the law of another state shall 7 be given the same effect as it would if such conviction had 8 been under Iowa law. If federal law or the laws of another 9 state do not provide for offenses or violations denominated 10 or described in precisely the same words as Iowa law, the 11 department shall determine whether those offenses or violations 12 are substantially similar in nature to Iowa law and apply those 13 offenses or violations accordingly. A copy of the record of 14 conviction or plea of guilty shall be conclusive evidence of 15 such conviction. 16 Sec. 18. Section 105.22, Code 2020, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 4A. A person may petition the board, 19 in a form prescribed by the board, for a determination of 20 whether the person’s criminal record will prevent the person 21 from receiving a license. The board shall issue such a 22 determination at the next regularly scheduled meeting of 23 the board or within thirty days of receiving the petition, 24 whichever is later. The board may charge a fee to recoup the 25 costs of such a determination, provided that such fee shall not 26 exceed twenty-five dollars. 27 Sec. 19. Section 147.3, Code 2020, is amended to read as 28 follows: 29 147.3 Qualifications. 30 An applicant for a license to practice a profession under 31 this subtitle is not ineligible because of age, citizenship, 32 sex, race, religion, marital status, or national origin, 33 although the application form may require citizenship 34 information. A board may consider the past criminal record of 35 -9- LSB 5103SV (3) 88 ss/rh 9/ 22

S.F. 2393 an applicant only if the conviction relates to the practice of 1 the profession for which the applicant requests to be licensed 2 as provided in section 272C.13 . 3 Sec. 20. Section 147.55, subsection 5, Code 2020, is amended 4 to read as follows: 5 5. Conviction of a crime related to the profession or 6 occupation of the licensee or the conviction of any crime 7 that would affect the licensee’s ability to practice within 8 a profession as provided in section 272C.13 . A copy of the 9 record of conviction or plea of guilty shall be conclusive 10 evidence. 11 Sec. 21. Section 147A.7, subsection 1, paragraph j, Code 12 2020, is amended to read as follows: 13 j. Violating a statute of this state, another state, 14 or the United States, without regard to its designation as 15 either a felony or misdemeanor, which relates to the practice 16 of an emergency medical care provider Conviction of a crime 17 as provided in section 272C.13 . A copy of the record of 18 conviction or plea of guilty is conclusive evidence of the 19 violation. 20 Sec. 22. Section 148.6, subsection 2, paragraph b, Code 21 2020, is amended to read as follows: 22 b. Being convicted of a felony in the courts of this state 23 or another state, territory, or country. Conviction as used in 24 this paragraph shall include a conviction of an offense which 25 if committed in this state would be deemed a felony without 26 regard to its designation elsewhere, or a criminal proceeding 27 in which a finding or verdict of guilt is made or returned, but 28 the adjudication of guilt is either withheld or not entered 29 crime as provided in section 272C.13 . A certified copy of the 30 final order or judgment of conviction or plea of guilty in this 31 state or in another state shall be conclusive evidence. 32 Sec. 23. Section 148.6, subsection 2, paragraph c, Code 33 2020, is amended to read as follows: 34 c. Violating a statute or law of this state, another state, 35 -10- LSB 5103SV (3) 88 ss/rh 10/ 22

S.F. 2393 or the United States, without regard to its designation as 1 either felony or misdemeanor, which statute or law directly 2 relates to the practice of medicine. 3 Sec. 24. Section 148H.7, subsection 1, paragraph a, Code 4 2020, is amended to read as follows: 5 a. Conviction of a felony under state or federal law or 6 commission of any other offense involving moral turpitude crime 7 as provided in section 272C.13 . 8 Sec. 25. Section 151.9, subsection 5, Code 2020, is amended 9 to read as follows: 10 5. Conviction of a felony related to the profession or 11 occupation of the licensee or the conviction of any felony 12 that would affect the licensee’s ability to practice as a 13 professional chiropractor crime as provided in section 272C.13 . 14 A copy of the record of conviction or plea of guilty shall be 15 conclusive evidence. 16 Sec. 26. Section 152.10, subsection 2, paragraph c, Code 17 2020, is amended to read as follows: 18 c. Conviction for a felony in the courts of this state or 19 another state, territory, or country if the felony relates 20 to the practice of nursing. Conviction shall include only a 21 conviction for an offense which if committed in this state 22 would be deemed a felony without regard to its designation 23 elsewhere crime as provided in section 272C.13 . A certified 24 copy of the final order or judgment of conviction or plea 25 of guilty in this state or in another jurisdiction shall be 26 conclusive evidence of conviction. 27 Sec. 27. Section 153.34, subsections 9 and 10, Code 2020, 28 are amended to read as follows: 29 9. For the conviction of a felony in the courts of this 30 state or another state, territory, or country. Conviction as 31 used in this subsection includes a conviction of an offense 32 which if committed in this state would be a felony without 33 regard to its designation elsewhere, and includes a finding 34 or verdict of guilt made or returned in a criminal proceeding 35 -11- LSB 5103SV (3) 88 ss/rh 11/ 22

S.F. 2393 even if the adjudication of guilt is withheld or not entered 1 crime as provided in section 272C.13 . A certified copy of the 2 final order or judgment of conviction or plea of guilty in this 3 state or in another state constitutes conclusive evidence of 4 the conviction. 5 10. For a violation of a law of this state, another state, 6 or the United States, without regard to its designation as 7 either a felony or misdemeanor, which law directly relates to 8 the practice of dentistry, dental hygiene, or dental assisting. 9 A certified copy of the final order or judgment of conviction 10 or plea of guilty in this state or in another state constitutes 11 conclusive evidence of the conviction. 12 Sec. 28. Section 154A.24, subsection 1, Code 2020, is 13 amended to read as follows: 14 1. Conviction of a felony crime as provided in section 15 272C.13 . The record of conviction, or a certified copy, shall 16 be conclusive evidence of conviction. 17 Sec. 29. Section 155A.12, subsection 9, Code 2020, is 18 amended to read as follows: 19 9. Been convicted of an offense or subjected to a penalty 20 or fine for violation of chapter 124 , 126 , 147 , or the 21 Federal Food, Drug, and Cosmetic Act a crime as provided in 22 section 272C.13 . A plea or verdict of guilty, or a conviction 23 following a plea of nolo contendere, is deemed to be a 24 conviction within the meaning of this section . 25 Sec. 30. Section 156.9, subsection 2, paragraph e, Code 26 2020, is amended to read as follows: 27 e. Conviction of any crime related to the practice of 28 mortuary science or implicating the licensee’s competence to 29 safely perform mortuary science services, including but not 30 limited to a crime involving moral character, dishonesty, 31 fraud, theft, embezzlement, extortion, or controlled 32 substances, in a court of competent jurisdiction in this state, 33 or in another state, territory, or district of the United 34 States, or in a foreign jurisdiction a crime as provided in 35 -12- LSB 5103SV (3) 88 ss/rh 12/ 22

S.F. 2393 section 272C.13 . For purposes of this paragraph, “conviction” 1 includes a guilty plea, deferred judgment, or other finding 2 of guilt. A certified copy of the judgment is prima facie 3 evidence of the conviction. 4 Sec. 31. Section 272.1, Code 2020, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 5A. “Offense directly relates” refers to 7 either of the following: 8 a. The actions taken in furtherance of an offense are 9 actions customarily performed within the scope of practice of 10 a licensed profession. 11 b. The circumstances under which an offense was committed 12 are circumstances customary to a licensed profession. 13 Sec. 32. Section 272.2, subsection 14, paragraph a, Code 14 2020, is amended to read as follows: 15 a. The board may deny a license to or revoke the license 16 of a person upon the board’s finding by a preponderance of 17 evidence that either the person has been convicted of a crime 18 an offense and the offense directly relates to the duties and 19 responsibilities of the profession or that there has been 20 a founded report of child abuse against the person. Rules 21 adopted in accordance with this paragraph shall provide that 22 in determining whether a person should be denied a license or 23 that a practitioner’s license should be revoked, the board 24 shall consider the nature and seriousness of the founded abuse 25 or crime in relation to the position sought, the time elapsed 26 since the crime was committed, the degree of rehabilitation 27 which has taken place since the incidence of founded abuse or 28 the commission of the crime, the likelihood that the person 29 will commit the same abuse or crime again, and the number of 30 founded abuses committed by or criminal convictions of the 31 person involved. 32 Sec. 33. Section 272C.1, Code 2020, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 7A. “Offense directly relates” refers to 35 -13- LSB 5103SV (3) 88 ss/rh 13/ 22

S.F. 2393 either of the following: 1 a. The actions taken in furtherance of an offense are 2 actions customarily performed within the scope of practice of 3 a licensed profession. 4 b. The circumstances under which an offense was committed 5 are circumstances customary to a licensed profession. 6 Sec. 34. Section 272C.4, subsection 13, Code 2020, is 7 amended by striking the subsection. 8 Sec. 35. Section 272C.10, subsection 5, Code 2020, is 9 amended to read as follows: 10 5. Conviction of a felony related offense if the offense 11 directly relates to the profession or occupation of the 12 licensee. A copy of the record of conviction or plea of guilty 13 shall be conclusive evidence. 14 Sec. 36. NEW SECTION . 272C.12 Licensure of persons licensed 15 in other jurisdictions. 16 1. Notwithstanding any other provision of law, an 17 occupational or professional license, certificate, or 18 registration shall be issued without an examination to a person 19 who establishes residency in this state or to a person who is 20 married to an active duty member of the military forces of the 21 United States and who is accompanying the member on an official 22 permanent change of station to a military installation located 23 in this state if all of the following conditions are met: 24 a. The person is currently licensed, certified, or 25 registered in at least one other state in the occupation or 26 profession applied for in the same practice and the license, 27 certificate, or registration is in good standing in all 28 states in which the person holds a license, certificate, or 29 registration. 30 b. The person has been licensed, certified, or registered in 31 another state for at least one year. 32 c. When the person became licensed, certified, or registered 33 in another state, the other state imposed minimum initial 34 education requirements and, if applicable, work experience 35 -14- LSB 5103SV (3) 88 ss/rh 14/ 22

S.F. 2393 and clinical supervision requirements, and the other state 1 verifies that the person met those requirements in order to be 2 licensed, certified, or registered in that state. However, if 3 the other state does not impose initial education requirements, 4 a person shall be considered to have met the requirements of 5 this paragraph if the person has three or more years of related 6 work experience. 7 d. The person previously passed an examination required by 8 the other state for licensure, certification, or registration, 9 if applicable. 10 e. The person has not had a license, certificate, or 11 registration revoked and has not voluntarily surrendered a 12 license, certificate, or registration in any other state or 13 country while under investigation for unprofessional conduct. 14 f. The person has not had discipline imposed by any other 15 regulating entity in this state or another state or country. 16 If another jurisdiction has taken disciplinary action against 17 the person, the appropriate licensing board shall determine if 18 the cause for the action was corrected and the matter resolved. 19 If the licensing board determines that the matter has not been 20 resolved by the jurisdiction imposing discipline, the licensing 21 board shall not issue or deny a license, certificate, or 22 registration to the person until the matter is resolved. 23 g. The person does not have a complaint, allegation, or 24 investigation pending before any regulating entity in another 25 state or country that relates to unprofessional conduct. If 26 the person has any complaints, allegations, or investigations 27 pending, the appropriate licensing board shall not issue or 28 deny a license, certificate, or registration to the person 29 until the complaint, allegation, or investigation is resolved. 30 h. The person pays all applicable fees. 31 i. The person does not have a criminal history that would 32 prevent the person from holding the license, certificate, or 33 registration applied for in this state. 34 2. A person licensed pursuant to this section is subject to 35 -15- LSB 5103SV (3) 88 ss/rh 15/ 22

S.F. 2393 the laws regulating the person’s practice in this state and is 1 subject to the jurisdiction of the appropriate licensing board. 2 3. This section does not apply to any of the following: 3 a. The ability of a licensing board to require the 4 submission of fingerprints or completion of a criminal history 5 check. 6 b. Criteria for a license, certificate, or registration that 7 is established by an interstate compact. 8 c. The ability of a licensing board to require a person to 9 take and pass an examination specific to the laws of this state 10 prior to issuing a license. 11 d. A license issued by the department of transportation. 12 e. A person who is licensed in another state and is granted 13 a privilege to practice in this state by another provision of 14 law without receiving a license in this state. 15 4. A license, certificate, or registration issued 16 pursuant to this section does not grant the person receiving 17 the license, certificate, or registration eligibility to 18 practice pursuant to an interstate compact. A licensing 19 board may determine eligibility for a person to hold a 20 license, certificate, or registration pursuant to this section 21 regardless of the person’s eligibility to practice pursuant to 22 an interstate compact. 23 Sec. 37. NEW SECTION . 272C.13 Waiver of fees. 24 1. For the purposes of this section, “license” , “licensing 25 board” , and “board” mean the same as defined in section 272C.3A, 26 except that “license” shall also include any license issued 27 pursuant to chapter 272. 28 2. A licensing board shall reduce by fifty percent any 29 fee charged to an applicant for a license if the applicant’s 30 household income does not exceed two hundred percent of the 31 federal poverty income guidelines and the applicant is applying 32 for the license for the first time in this state. 33 Sec. 38. NEW SECTION . 272C.14 Disqualifications for 34 criminal convictions limited. 35 -16- LSB 5103SV (3) 88 ss/rh 16/ 22

S.F. 2393 1. For the purposes of this section, “license” , “licensing 1 board” , and “board” mean the same as defined in section 272C.3A. 2 2. Notwithstanding any other provision of law to the 3 contrary, except for chapters 103 and 105, a person’s 4 conviction of a crime may be grounds for the denial, 5 revocation, or suspension of a license only if an unreasonable 6 risk to public safety exists because the offense directly 7 relates to the duties and responsibilities of the profession 8 and the appropriate licensing board does not grant an exception 9 pursuant to subsection 5. 10 3. A licensing board that may deny a license on the basis 11 of an applicant’s conviction record shall provide a list of 12 the specific convictions that may disqualify an applicant from 13 receiving a license. Any such offense shall be an offense that 14 directly relates to the duties and responsibilities of the 15 profession. 16 4. A licensing board shall not deny an application for a 17 license on the basis of an arrest that was not followed by a 18 conviction or based on a finding that an applicant lacks good 19 character, suffers from moral turpitude, or on other similar 20 basis. 21 5. A licensing board shall grant an exception to an 22 applicant who would otherwise be denied a license due to a 23 criminal conviction if the following factors establish by clear 24 and convincing evidence that the applicant is rehabilitated and 25 an appropriate candidate for licensure: 26 a. The nature and seriousness of the crime for which the 27 applicant was convicted. 28 b. The amount of time that has passed since the commission 29 of the crime. There is a rebuttable presumption that an 30 applicant is rehabilitated and an appropriate candidate 31 for licensure five years after the date of the applicant’s 32 release from incarceration, provided that the applicant was 33 not convicted of sexual abuse in violation of section 709.4, 34 a sexually violent offense as defined in section 229A.2, 35 -17- LSB 5103SV (3) 88 ss/rh 17/ 22

S.F. 2393 dependent adult abuse in violation of section 235B.20, a 1 forcible felony as defined in section 702.11, or domestic abuse 2 assault in violation of section 708.2A, and the applicant 3 has not been convicted of another crime after release from 4 incarceration. 5 c. The circumstances relative to the offense, including any 6 aggravating and mitigating circumstances or social conditions 7 surrounding the commission of the offense. 8 d. The age of the applicant at the time the offense was 9 committed. 10 e. Any treatment undertaken by the applicant. 11 f. Whether a certification of employability has been issued 12 to the applicant pursuant to section 906.19. 13 g. Any letters of reference submitted on behalf of the 14 applicant. 15 h. All other relevant evidence of rehabilitation and present 16 fitness of the applicant. 17 6. An applicant may petition the relevant licensing board, 18 in a form prescribed by the board, for a determination as 19 to whether the applicant’s criminal record will prevent the 20 applicant from receiving a license. The board shall issue 21 such a determination at the next regularly scheduled meeting 22 of the board or within thirty days of receiving the petition, 23 whichever is later. The board shall hold a closed session 24 while determining whether an applicant’s criminal record will 25 prevent the applicant from receiving a license. A board may 26 charge a fee to recoup the costs of such a determination, 27 provided that such fee shall not exceed twenty-five dollars. 28 Upon request, the department of public safety and board of 29 parole shall provide assistance to a board by explaining 30 criminal convictions, records, and other related terminology. 31 If a board determines that additional criminal records of an 32 applicant are required to make a determination, the department 33 of corrections and department of public safety shall supply 34 such records in each department’s possession to be reviewed by 35 -18- LSB 5103SV (3) 88 ss/rh 18/ 22