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House File 2470 - IntroducedA Bill ForAn Act 1relating to qualifications for holding professional
2licensure in this state, including the granting of
3licenses to persons licensed in other states and acquiring
4residence in Iowa, disqualification provisions for criminal
5convictions, the waiver of application fees, and licensee
6discipline, and including effective date provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 103.1, Code 2020, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 11A. “Offense directly relates” refers to
4either of the following:
5a. The actions taken in furtherance of an offense are
6actions customarily performed within the scope of practice of
7a licensed profession.
8b. The circumstances under which an offense was committed
9are circumstances customary to a licensed profession.
10 Sec. 2. Section 103.6, subsection 1, paragraph e, Code 2020,
11is amended to read as follows:
12e. Grant an exception for a person who would otherwise be
13denied a license due to a criminal conviction under specified
14circumstances. When considering such an exception, the
15board shall consider the following if the following factors
16establish, by clear and convincing evidence, that the person is
17rehabilitated and an appropriate candidate for licensure: the
18nature and seriousness of any offense of which the person was
19convicted, all circumstances relative to the offense, including
20mitigating circumstances or social conditions surrounding the
21commission of the offense, the age of the person at the time
22the offense was committed, the length of time that has elapsed
23since the offense was committed, any treatment undertaken by
24the person, whether a certificate of employability has been
25issued to the person pursuant to section 906.19, letters of
26reference, and all other relevant evidence of rehabilitation
27and present fitness presented. If an exception is not granted,
28the board shall convey in writing to the person the grounds
29for the denial, including specific determinations for finding
30that the person is not rehabilitated and not an appropriate
31candidate for licensure based on the listed factors. A person
32holding a license prior to July 1, 2019, shall not be required
33to obtain an exception to maintain a license.
34 Sec. 3. Section 103.9, subsection 3, Code 2020, is amended
35to read as follows:
-1- 13. Conviction of a felony in Iowa that is sexual abuse
2in violation of section 709.4, a sexually violent offense as
3defined in section 229A.2, the offense of dependent adult abuse
4in violation of section 235B.20, a forcible felony as defined
5in section 702.11, or the offense of domestic abuse assault in
6violation of section 708.2A, shall may be grounds for denial,
7revocation, or suspension of a license if an unreasonable risk
8to public safety exists because the offense directly relates to
9the duties and responsibilities of the profession and the board
10does not grant an exception. Conviction for any other felony
11or misdemeanor shall not be grounds for denial, revocation,
12or suspension. A conviction of a crime in violation of
13federal law or in violation of the law of another state shall
14be given the same effect as it would if such conviction had
15been under Iowa law. If federal law or the laws of another
16state do not provide for offenses or violations denominated
17or described in precisely the same words as Iowa law, the
18department shall determine whether those offenses or violations
19are substantially similar in nature to Iowa law and apply those
20offenses or violations accordingly.
21 Sec. 4. Section 103.9, Code 2020, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 4. A person may petition the board,
24in a form prescribed by the board, for a determination of
25whether the person’s criminal record will prevent the person
26from receiving a license. The board shall issue such a
27determination at the next regularly scheduled meeting of
28the board or within thirty days of receiving the petition,
29whichever is later. The board may charge a fee to recoup the
30costs of such determination, provided that such fee shall not
31exceed twenty-five dollars.
32 Sec. 5. Section 103.10, subsection 6, Code 2020, is amended
33to read as follows:
346. Conviction of a felony in Iowa that is sexual abuse
35in violation of section 709.4, a sexually violent offense as
-2-1defined in section 229A.2, the offense of dependent adult abuse
2in violation of section 235B.20, a forcible felony as defined
3in section 702.11, or the offense of domestic abuse assault in
4violation of section 708.2A, shall may be grounds for denial,
5revocation, or suspension of a license if an unreasonable risk
6to public safety exists because the offense directly relates to
7the duties and responsibilities of the profession and the board
8does not grant an exception. Conviction for any other felony
9or misdemeanor shall not be grounds for denial, revocation,
10or suspension. A conviction of a crime in violation of
11federal law or in violation of the law of another state shall
12be given the same effect as it would if such conviction had
13been under Iowa law. If federal law or the laws of another
14state do not provide for offenses or violations denominated
15or described in precisely the same words as Iowa law, the
16department shall determine whether those offenses or violations
17are substantially similar in nature to Iowa law and apply those
18offenses or violations accordingly.
19 Sec. 6. Section 103.10, Code 2020, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 7. A person may petition the board,
22in a form prescribed by the board, for a determination of
23whether the person’s criminal record will prevent the person
24from receiving a license. The board shall issue such a
25determination at the next regularly scheduled meeting of
26the board or within thirty days of receiving the petition,
27whichever is later. The board may charge a fee to recoup the
28costs of such a determination, provided that such fee shall not
29exceed twenty-five dollars.
30 Sec. 7. Section 103.12, subsection 6, Code 2020, is amended
31to read as follows:
326. Conviction of a felony in Iowa that is sexual abuse
33in violation of section 709.4, a sexually violent offense as
34defined in section 229A.2, the offense of dependent adult abuse
35in violation of section 235B.20, a forcible felony as defined
-3-1in section 702.11, or the offense of domestic abuse assault in
2violation of section 708.2A, shall may be grounds for denial,
3revocation, or suspension of a license if an unreasonable risk
4to public safety exists because the offense directly relates to
5the duties and responsibilities of the profession and the board
6does not grant an exception. Conviction for any other felony
7or misdemeanor shall not be grounds for denial, revocation,
8or suspension. A conviction of a crime in violation of
9federal law or in violation of the law of another state shall
10be given the same effect as it would if such conviction had
11been under Iowa law. If federal law or the laws of another
12state do not provide for offenses or violations denominated
13or described in precisely the same words as Iowa law, the
14department shall determine whether those offenses or violations
15are substantially similar in nature to Iowa law and apply those
16offenses or violations accordingly.
17 Sec. 8. Section 103.12, Code 2020, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 7. A person may petition the board,
20in a form prescribed by the board, for a determination of
21whether the person’s criminal record will prevent the person
22from receiving a license. The board shall issue such a
23determination at the next regularly scheduled meeting of
24the board or within thirty days of receiving the petition,
25whichever is later. The board may charge a fee to recoup the
26costs of such a determination, provided that such fee shall not
27exceed twenty-five dollars.
28 Sec. 9. Section 103.12A, subsection 4, Code 2020, is amended
29to read as follows:
304. Conviction of a felony in Iowa that is sexual abuse
31in violation of section 709.4, a sexually violent offense as
32defined in section 229A.2, the offense of dependent adult abuse
33in violation of section 235B.20, a forcible felony as defined
34in section 702.11, or the offense of domestic abuse assault in
35violation of section 708.2A, shall may be grounds for denial,
-4-1revocation, or suspension of a license if an unreasonable risk
2to public safety exists because the offense directly relates to
3the duties and responsibilities of the profession and the board
4does not grant an exception. Conviction for any other felony
5or misdemeanor shall not be grounds for denial, revocation,
6or suspension. A conviction of a crime in violation of
7federal law or in violation of the law of another state shall
8be given the same effect as it would if such conviction had
9been under Iowa law. If federal law or the laws of another
10state do not provide for offenses or violations denominated
11or described in precisely the same words as Iowa law, the
12department shall determine whether those offenses or violations
13are substantially similar in nature to Iowa law and apply those
14offenses or violations accordingly.
15 Sec. 10. Section 103.12A, Code 2020, is amended by adding
16the following new subsection:
17 NEW SUBSECTION. 5. A person may petition the board,
18in a form prescribed by the board, for a determination as
19to whether the person’s criminal record will prevent the
20person from receiving a license. The board shall issue such
21a determination at the next regularly scheduled meeting of
22the board or within thirty days of receiving the petition,
23whichever is later. The board may charge a fee to recoup the
24costs of such a determination, provided that such fee shall not
25exceed twenty-five dollars.
26 Sec. 11. Section 103.13, subsection 4, Code 2020, is amended
27to read as follows:
284. Conviction of a felony in Iowa that is sexual abuse
29in violation of section 709.4, a sexually violent offense as
30defined in section 229A.2, the offense of dependent adult abuse
31in violation of section 235B.20, a forcible felony as defined
32in section 702.11, or the offense of domestic abuse assault in
33violation of section 708.2A, shall may be grounds for denial,
34revocation, or suspension of a license if an unreasonable risk
35to public safety exists because the offense directly relates to
-5-1the duties and responsibilities of the profession and the board
2does not grant an exception. Conviction for any other felony
3or misdemeanor shall not be grounds for denial, revocation,
4or suspension. A conviction of a crime in violation of
5federal law or in violation of the law of another state shall
6be given the same effect as it would if such conviction had
7been under Iowa law. If federal law or the laws of another
8state do not provide for offenses or violations denominated
9or described in precisely the same words as Iowa law, the
10department shall determine whether those offenses or violations
11are substantially similar in nature to Iowa law and apply those
12offenses or violations accordingly.
13 Sec. 12. Section 103.13, Code 2020, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 5. A person may petition the board,
16in a form prescribed by the board, for a determination as
17to whether the person’s criminal record will prevent the
18person from receiving a license. The board shall issue such
19a determination at the next regularly scheduled meeting of
20the board or within thirty days of receiving the petition,
21whichever is later. The board may charge a fee to recoup the
22costs of such a determination, provided that such fee shall not
23exceed twenty-five dollars.
24 Sec. 13. Section 103.15, subsections 6 and 7, Code 2020, are
25amended to read as follows:
266. The board may reject an application for licensure
27under this section from an applicant who would be subject
28to suspension, revocation, or reprimand pursuant to section
29103.35. The board shall not reject an application for
30licensure under this section based solely on the incarceration
31status or duration of time since release from incarceration of
32an applicant.
337. Conviction of a felony in Iowa that is sexual abuse
34in violation of section 709.4, a sexually violent offense as
35defined in section 229A.2, the offense of dependent adult abuse
-6-1in violation of section 235B.20, a forcible felony as defined
2in section 702.11, or the offense of domestic abuse assault in
3violation of section 708.2A, shall may be grounds for denial,
4revocation, or suspension of a license if an unreasonable risk
5to public safety exists because the offense directly relates to
6the duties and responsibilities of the profession and the board
7does not grant an exception. Conviction for any other felony
8or misdemeanor shall not be grounds for denial, revocation,
9or suspension. A conviction of a crime in violation of
10federal law or in violation of the law of another state shall
11be given the same effect as it would if such conviction had
12been under Iowa law. If federal law or the laws of another
13state do not provide for offenses or violations denominated
14or described in precisely the same words as Iowa law, the
15department shall determine whether those offenses or violations
16are substantially similar in nature to Iowa law and apply those
17offenses or violations accordingly.
18 Sec. 14. Section 103.15, Code 2020, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 8. A person may petition the board,
21in a form prescribed by the board, for a determination of
22whether the person’s criminal record will prevent the person
23from receiving a license. The board shall issue such a
24determination at the next regularly scheduled meeting of
25the board or within thirty days of receiving the petition,
26whichever is later. The board may charge a fee to recoup the
27costs of such a determination, provided that such fee shall not
28exceed twenty-five dollars.
29 Sec. 15. Section 105.2, Code 2020, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 14A. “Offense directly relates” refers to
32either of the following:
33a. The actions taken in furtherance of an offense are
34actions customarily performed within the scope of practice of
35a licensed profession.
-7- 1b. The circumstances under which an offense was committed
2are circumstances customary to a licensed profession.
3 Sec. 16. Section 105.10, subsection 5, Code 2020, is amended
4to read as follows:
55. The board may shall grant an exception for a person
6who would otherwise be denied a license due to a criminal
7conviction under specified circumstances. When considering
8such an exception, the board shall consider the following
9 if the following factors establish, by clear and convincing
10evidence, that the person is rehabilitated and an appropriate
11candidate for licensure: the nature and seriousness of any
12offense of which the person was convicted, all circumstances
13relative to the offense, including mitigating circumstances or
14social conditions surrounding the commission of the offense,
15the age of the person at the time the offense was committed,
16the length of time that has elapsed since the offense was
17committed, any treatment undertaken by the person, whether a
18certificate of employability has been issued to the person
19pursuant to section 906.19, letters of reference, and all
20other relevant evidence of rehabilitation and present fitness
21presented. If an exception is not granted by the board, the
22board shall convey in writing to the person the grounds for the
23denial, including specific determinations for finding that the
24person is not rehabilitated and not an appropriate candidate
25for licensure based on the listed factors. A person holding a
26license prior to July 1, 2019, shall not be required to obtain
27an exception to maintain a license.
28 Sec. 17. Section 105.22, subsection 4, Code 2020, is amended
29to read as follows:
304. Conviction of a felony in Iowa that is sexual abuse
31in violation of section 709.4, a sexually violent offense as
32defined in section 229A.2, the offense of dependent adult abuse
33in violation of section 235B.20, a forcible felony as defined
34in section 702.11, or the offense of domestic abuse assault in
35violation of section 708.2A, shall may be grounds for denial,
-8-1revocation, or suspension of a license if an unreasonable risk
2to public safety exists because the offense directly relates to
3the duties and responsibilities of the profession and the board
4does not grant an exception. Conviction for any other felony
5or misdemeanor shall not be grounds for denial, revocation,
6or suspension. A conviction of a crime in violation of
7federal law or in violation of the law of another state shall
8be given the same effect as it would if such conviction had
9been under Iowa law. If federal law or the laws of another
10state do not provide for offenses or violations denominated
11or described in precisely the same words as Iowa law, the
12department shall determine whether those offenses or violations
13are substantially similar in nature to Iowa law and apply those
14offenses or violations accordingly. A copy of the record of
15conviction or plea of guilty shall be conclusive evidence of
16such conviction.
17 Sec. 18. Section 105.22, Code 2020, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 4A. A person may petition the board,
20in a form prescribed by the board, for a determination of
21whether the person’s criminal record will prevent the person
22from receiving a license. The board shall issue such a
23determination at the next regularly scheduled meeting of
24the board or within thirty days of receiving the petition,
25whichever is later. The board may charge a fee to recoup the
26costs of such a determination, provided that such fee shall not
27exceed twenty-five dollars.
28 Sec. 19. Section 147.3, Code 2020, is amended to read as
29follows:
30147.3 Qualifications.
31An applicant for a license to practice a profession under
32this subtitle is not ineligible because of age, citizenship,
33sex, race, religion, marital status, or national origin,
34although the application form may require citizenship
35information. A board may consider the past criminal record of
-9-1an applicant only if the conviction relates to the practice of
2the profession for which the applicant requests to be licensed
3 as provided in section 272C.13.
4 Sec. 20. Section 147.55, subsection 5, Code 2020, is amended
5to read as follows:
65. Conviction of a crime related to the profession or
7occupation of the licensee or the conviction of any crime
8that would affect the licensee’s ability to practice within
9a profession as provided in section 272C.13. A copy of the
10record of conviction or plea of guilty shall be conclusive
11evidence.
12 Sec. 21. Section 147A.7, subsection 1, paragraph j, Code
132020, is amended to read as follows:
14j. Violating a statute of this state, another state,
15or the United States, without regard to its designation as
16either a felony or misdemeanor, which relates to the practice
17of an emergency medical care provider Conviction of a crime
18as provided in section 272C.13. A copy of the record of
19conviction or plea of guilty is conclusive evidence of the
20violation.
21 Sec. 22. Section 148.6, subsection 2, paragraph b, Code
222020, is amended to read as follows:
23b. Being convicted of a felony in the courts of this state
24or another state, territory, or country. Conviction as used in
25this paragraph shall include a conviction of an offense which
26if committed in this state would be deemed a felony without
27regard to its designation elsewhere, or a criminal proceeding
28in which a finding or verdict of guilt is made or returned, but
29the adjudication of guilt is either withheld or not entered
30 crime as provided in section 272C.13. A certified copy of the
31final order or judgment of conviction or plea of guilty in this
32state or in another state shall be conclusive evidence.
33 Sec. 23. Section 148.6, subsection 2, paragraph c, Code
342020, is amended to read as follows:
35c. Violating a statute or law of this state, another state,
-10-1or the United States, without regard to its designation as
2either felony or misdemeanor, which statute or law directly
3 relates to the practice of medicine.
4 Sec. 24. Section 148H.7, subsection 1, paragraph a, Code
52020, is amended to read as follows:
6a. Conviction of a felony under state or federal law or
7commission of any other offense involving moral turpitude crime
8as provided in section 272C.13.
9 Sec. 25. Section 151.9, subsection 5, Code 2020, is amended
10to read as follows:
115. Conviction of a felony related to the profession or
12occupation of the licensee or the conviction of any felony
13that would affect the licensee’s ability to practice as a
14professional chiropractor crime as provided in section 272C.13.
15A copy of the record of conviction or plea of guilty shall be
16conclusive evidence.
17 Sec. 26. Section 152.10, subsection 2, paragraph c, Code
182020, is amended to read as follows:
19c. Conviction for a felony in the courts of this state or
20another state, territory, or country if the felony relates
21to the practice of nursing. Conviction shall include only a
22conviction for an offense which if committed in this state
23would be deemed a felony without regard to its designation
24elsewhere crime as provided in section 272C.13. A certified
25copy of the final order or judgment of conviction or plea
26of guilty in this state or in another jurisdiction shall be
27conclusive evidence of conviction.
28 Sec. 27. Section 153.34, subsections 9 and 10, Code 2020,
29are amended to read as follows:
309. For the conviction of a felony in the courts of this
31state or another state, territory, or country. Conviction as
32used in this subsection includes a conviction of an offense
33which if committed in this state would be a felony without
34regard to its designation elsewhere, and includes a finding
35or verdict of guilt made or returned in a criminal proceeding
-11-1even if the adjudication of guilt is withheld or not entered
2 crime as provided in section 272C.13. A certified copy of the
3final order or judgment of conviction or plea of guilty in this
4state or in another state constitutes conclusive evidence of
5the conviction.
610. For a violation of a law of this state, another state,
7or the United States, without regard to its designation as
8either a felony or misdemeanor, which law directly relates to
9the practice of dentistry, dental hygiene, or dental assisting.
10A certified copy of the final order or judgment of conviction
11or plea of guilty in this state or in another state constitutes
12conclusive evidence of the conviction.
13 Sec. 28. Section 154A.24, subsection 1, Code 2020, is
14amended to read as follows:
151. Conviction of a felony crime as provided in section
16272C.13. The record of conviction, or a certified copy, shall
17be conclusive evidence of conviction.
18 Sec. 29. Section 155A.12, subsection 9, Code 2020, is
19amended to read as follows:
209. Been convicted of an offense or subjected to a penalty
21or fine for violation of chapter 124, 126, 147, or the
22Federal Food, Drug, and Cosmetic Act a crime as provided in
23section 272C.13. A plea or verdict of guilty, or a conviction
24following a plea of nolo contendere, is deemed to be a
25conviction within the meaning of this section.
26 Sec. 30. Section 156.9, subsection 2, paragraph e, Code
272020, is amended to read as follows:
28e. Conviction of any crime related to the practice of
29mortuary science or implicating the licensee’s competence to
30safely perform mortuary science services, including but not
31limited to a crime involving moral character, dishonesty,
32fraud, theft, embezzlement, extortion, or controlled
33substances, in a court of competent jurisdiction in this state,
34or in another state, territory, or district of the United
35States, or in a foreign jurisdiction a crime as provided in
-12-1section 272C.13. For purposes of this paragraph, “conviction”
2includes a guilty plea, deferred judgment, or other finding
3of guilt. A certified copy of the judgment is prima facie
4evidence of the conviction.
5 Sec. 31. Section 272.1, Code 2020, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 5A. “Offense directly relates” refers to
8either of the following:
9a. The actions taken in furtherance of an offense are
10actions customarily performed within the scope of practice of
11a licensed profession.
12b. The circumstances under which an offense was committed
13are circumstances customary to a licensed profession.
14 Sec. 32. Section 272.2, subsection 14, paragraph a, Code
152020, is amended to read as follows:
16a. The board may deny a license to or revoke the license
17of a person upon the board’s finding by a preponderance of
18evidence that either the person has been convicted of a crime
19 an offense and the offense directly relates to the duties and
20responsibilities of the profession or that there has been
21a founded report of child abuse against the person. Rules
22adopted in accordance with this paragraph shall provide that
23in determining whether a person should be denied a license or
24that a practitioner’s license should be revoked, the board
25shall consider the nature and seriousness of the founded abuse
26or crime in relation to the position sought, the time elapsed
27since the crime was committed, the degree of rehabilitation
28which has taken place since the incidence of founded abuse or
29the commission of the crime, the likelihood that the person
30will commit the same abuse or crime again, and the number of
31founded abuses committed by or criminal convictions of the
32person involved.
33 Sec. 33. Section 272C.1, Code 2020, is amended by adding the
34following new subsection:
35 NEW SUBSECTION. 7A. “Offense directly relates” refers to
-13-1either of the following:
2a. The actions taken in furtherance of an offense are
3actions customarily performed within the scope of practice of
4a licensed profession.
5b. The circumstances under which an offense was committed
6are circumstances customary to a licensed profession.
7 Sec. 34. NEW SECTION. 272C.3A Out-of-state license
8recognition — conditions — process.
91. For the purposes of this section:
10a. “Issuing jurisdiction” means the duly constituted
11authority in another state that has issued a professional
12license to an individual.
13b. “License” means a license, registration, certification,
14or permit.
15c. “Licensing board” or “board” includes, in addition to
16those boards listed in section 272C.1, subsection 6:
17(1) The real estate appraiser examining board, created
18pursuant to chapter 543D.
19(2) The interior design examining board, created pursuant
20to chapter 544C.
21(3) The board of educational examiners, created pursuant to
22chapter 272, in issuing a coaching license or an administrator
23license.
24(4) The board of behavioral science, created pursuant to
25chapter 147.
26(5) The board of dietetics, created pursuant to chapter 147.
27(6) The board of social work, created pursuant to chapter
28147.
29(7) The division of labor services of the department of
30workforce development, created pursuant to chapter 84A, in
31issuing an amusement ride operator license pursuant to chapter
3288A, a license related to asbestos removal or encapsulation
33pursuant to chapter 88B, and an inspector or special inspector
34license pursuant to chapter 89A.
35(8) The state commissioner of athletics, in issuing a
-14-1promoter license or professional boxer license pursuant to
2chapter 90A.
3(9) The labor commissioner, in issuing a special inspector
4license pursuant to chapter 89 and a construction contractor
5license pursuant to chapter 91C.
6(10) The department of agriculture and land stewardship,
7in issuing a milk hauler permit pursuant to chapter 192 and a
8license related to pesticide application pursuant to chapter
9206.
10(11) The department of natural resources, in issuing a
11manure applicator license pursuant to chapter 459B, and a
12commercial manure service representative license, a sanitary
13landfill operator license, and a solid waste incinerator
14operator license pursuant to chapter 455B.
15(12) The commissioner of insurance, in issuing an
16investment adviser representative license or securities agent
17license pursuant to chapter 502 and an insurance producer
18license pursuant to chapter 522B.
19(13) The department of human services, in issuing a
20certified adoption investigator license pursuant to chapter
21600A.
22(14) The department of inspections and appeals, in issuing
23a certified nursing assistant license or nursing home activity
24director license pursuant to chapter 135C.
25(15) The racing and gaming commission, in issuing a racing
26worker license pursuant to chapter 99D and a riverboat gambling
27worker license pursuant to chapter 99F.
28(16) The department of public health, in issuing a tattoo
29artist license and a license related to lead abatement pursuant
30to chapter 135, a radon measurement specialist license and
31a radon mitigation specialist license pursuant to chapter
32136B, and a nuclear medicine technologist license, radiation
33therapist license, and radiographer license pursuant to chapter
34136C.
35(17) The commissioner of public safety, in issuing a private
-15-1investigator license, a bail enforcement agent license, and a
2private security agent license pursuant to chapter 80A.
3(18) The electrical examining board, created pursuant to
4chapter 103.
5(19) The state fire marshal, in issuing a license related to
6explosive materials pursuant to chapter 101A.
72. Notwithstanding any other provision of law, the
8appropriate licensing board shall issue a professional license
9to a person who establishes residence in this state if all of
10the following conditions are met:
11a. The person currently holds a license with a substantially
12equivalent scope of practice, as determined by the board, in at
13least one other issuing jurisdiction.
14b. The person is in good standing in all issuing
15jurisdictions in which the person holds a license.
16c. The person has been licensed for at least one year.
17d. When the person was licensed by the issuing jurisdiction,
18the issuing jurisdiction imposed minimum educational
19requirements and, if applicable, work experience and clinical
20supervision requirements, and the issuing jurisdiction verifies
21that the person met those requirements in order to be licensed
22in that issuing jurisdiction.
23e. The person previously passed an examination required by
24the issuing jurisdiction for the license.
25f. The person has not had a license revoked and has not
26voluntarily surrendered a license in any issuing jurisdiction
27or country while under investigation for unprofessional
28conduct.
29g. The person has not had discipline imposed by an issuing
30jurisdiction. If the person has had discipline imposed by the
31issuing jurisdiction, the board shall determine if the cause
32for the action was corrected and the matter resolved. If the
33matter has not been resolved by the issuing jurisdiction, the
34board shall suspend the application process and shall not issue
35or deny a license until the matter is resolved.
-16- 1h. The person does not have a complaint, allegation, or
2investigation pending before another issuing jurisdiction or
3country that relates to unprofessional conduct. If the person
4has any complaints, allegations, or investigations pending,
5the board shall suspend the application process and shall not
6issue or deny a license to the person until the complaint,
7allegation, or investigation is resolved.
8i. The person pays all applicable fees.
9j. The person does not have a disqualifying conviction as
10determined by the board.
113. Notwithstanding subsection 2, a licensing board may do
12all of the following:
13a. Require a person to take and pass an examination specific
14to the laws of this state prior to issuing a license under this
15section.
16b. Require a person to submit fingerprints in order to
17access state and federal criminal record information for
18noncriminal justice purposes.
194. A person licensed pursuant to this section is subject to
20the laws regulating the person’s professional practice in this
21state and is subject to the jurisdiction of the appropriate
22licensing board.
235. This section does not apply to criteria for a license
24that is established by an interstate compact.
256. This section does not prevent the appropriate licensing
26board from entering into a reciprocity agreement or compact
27with another state or jurisdiction.
287. A license issued pursuant to this section is only valid
29in this state and does not grant the person receiving the
30license eligibility to practice pursuant to an interstate
31compact. The appropriate licensing board may determine
32eligibility for a person to be licensed under this section if
33the person does not hold a license pursuant to an interstate
34compact.
35 Sec. 35. Section 272C.10, subsection 5, Code 2020, is
-17-1amended to read as follows:
25. Conviction of a felony related offense if the offense
3directly relates to the profession or occupation of the
4licensee. A copy of the record of conviction or plea of guilty
5shall be conclusive evidence.
6 Sec. 36. NEW SECTION. 272C.12 Waiver of fees.
71. For the purposes of this section, “license”, “licensing
8board”, and “board” mean the same as defined in section 272C.3A,
9except that “license” shall also include any license issued
10pursuant to chapter 272.
112. A licensing board shall waive any fee charged to an
12applicant for a license if the applicant’s household income
13does not exceed two hundred percent of the federal poverty
14income guidelines and the applicant is applying for the license
15for the first time in this state.
16 Sec. 37. NEW SECTION. 272C.13 Disqualifications for
17criminal convictions limited.
181. For the purposes of this section, “license”, “licensing
19board”, and “board” mean the same as defined in section 272C.3A.
202. Notwithstanding any other provision of law to the
21contrary, except for chapters 103 and 105, a person’s
22conviction of a crime may be grounds for the denial,
23revocation, or suspension of a license only if an unreasonable
24risk to public safety exists because the offense directly
25relates to the duties and responsibilities of the profession
26and the appropriate licensing board does not grant an exception
27pursuant to subsection 5.
283. A licensing board that may deny a license on the basis
29of an applicant’s conviction record shall provide a list of
30the specific convictions that may disqualify an applicant from
31receiving a license. Any such offense shall be an offense that
32directly relates to the duties and responsibilities of the
33profession.
344. A licensing board shall not deny an application for a
35license on the basis of an arrest that was not followed by a
-18-1conviction or based on a finding that an applicant lacks good
2character, suffers from moral turpitude, or on other similar
3basis.
45. A licensing board shall grant an exception to an
5applicant who would otherwise be denied a license due to a
6criminal conviction if the following factors establish by clear
7and convincing evidence that the applicant is rehabilitated and
8an appropriate candidate for licensure:
9a. The nature and seriousness of the crime for which the
10applicant was convicted.
11b. The amount of time that has passed since the commission
12of the crime. There is a rebuttable presumption that an
13applicant is rehabilitated and an appropriate candidate
14for licensure five years after the date of the applicant’s
15release from incarceration, provided that the applicant was
16not convicted of sexual abuse in violation of section 709.4,
17a sexually violent offense as defined in section 229A.2,
18dependent adult abuse in violation of section 235B.20, a
19forcible felony as defined in section 702.11, or domestic abuse
20assault in violation of section 708.2A, and the applicant
21has not been convicted of another crime after release from
22incarceration.
23c. The circumstances relative to the offense, including any
24aggravating and mitigating circumstances or social conditions
25surrounding the commission of the offense.
26d. The age of the applicant at the time the offense was
27committed.
28e. Any treatment undertaken by the applicant.
29f. Whether a certification of employability has been issued
30to the applicant pursuant to section 906.19.
31g. Any letters of reference submitted on behalf of the
32applicant.
33h. All other relevant evidence of rehabilitation and present
34fitness of the applicant.
356. An applicant may petition the relevant licensing board,
-19-1in a form prescribed by the board, for a determination as
2to whether the applicant’s criminal record will prevent the
3applicant from receiving a license. The board shall issue
4such a determination at the next regularly scheduled meeting
5of the board or within thirty days of receiving the petition,
6whichever is later. A board may charge a fee to recoup the
7costs of such a determination, provided that such fee shall not
8exceed twenty-five dollars.
97. a. A licensing board that denies an applicant a license
10solely or partly because of the applicant’s prior conviction
11of a crime shall notify the applicant in writing of all of the
12following:
13(1) The grounds for the denial or disqualification.
14(2) That the applicant has the right to a hearing to
15challenge the licensing authority’s decision.
16(3) The earliest date the applicant may submit a new
17application.
18(4) That evidence of rehabilitation of the applicant may be
19considered upon reapplication.
20b. A determination by a licensing board that an applicant’s
21criminal conviction is specifically listed as a disqualifying
22conviction and the offense directly relates to the duties
23and responsibilities of the applicant’s profession must be
24documented in written findings for each factor specified in
25subsection 5 sufficient for a review by a court.
26c. In any administrative or civil hearing authorized
27by this section or chapter 17A, a licensing board shall
28carry the burden of proof on the question of whether the
29applicant’s criminal offense directly relates to the duties
30and responsibilities of the profession for which the license
31is sought.
32 Sec. 38. EFFECTIVE DATE. This Act takes effect January 1,
332021.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-20-1the explanation’s substance by the members of the general assembly.
2This bill relates to the regulation of professional licenses
3in Iowa including the recognition of out-of-state licenses and
4disqualification provisions for criminal convictions.
5The bill provides that a person can only be disqualified
6from holding a professional license or have a professional
7license revoked for conviction of a crime under certain
8circumstances. In order for a conviction of a crime to serve
9as a disqualification from holding a professional license, the
10actions taken in furtherance of the crime must be actions which
11are customarily performed by the licensed profession or the
12offense must have been committed under circumstances that are
13customary to the profession. The bill requires a licensing
14board that may disqualify an applicant on the basis of a
15criminal conviction to provide a list of the convictions that
16may disqualify an applicant. If an applicant would otherwise
17be disqualified from holding a professional license, the bill
18requires the issuing board to grant an exception if the board
19determines by clear and convincing evidence that the applicant
20is rehabilitated and an appropriate candidate for licensure.
21The bill allows a person to submit a form to the appropriate
22licensing board to determine whether that person’s conviction
23of the crime would serve to disqualify that person from holding
24a professional license.
25The bill strikes specific provisions regarding
26disqualifications from holding a professional license on
27the basis of a criminal conviction in Code chapters 103
28(electricians and electrical contractors), 105 (plumbers,
29mechanical professionals, and contractors), 147 (general
30provisions, health-related professions), 147A (emergency
31medical care — trauma care), 148 (medicine and surgery), 148H
32(genetic counseling), 151 (chiropractic), 152 (nursing), 153
33(dentistry), 154A (hearing aids), 155A (pharmacy), 156 (funeral
34directing, mortuary science, and cremation), 272 (educational
35examiners board) and 272C (regulation of licensed professions
-21-1and occupations).
2The bill requires a licensing board to grant a professional
3license to a person from out of state who: establishes
4residency in Iowa; currently holds a substantially equivalent
5license from another jurisdiction; is in good standing in
6all jurisdictions where the person is licensed; completed
7minimum educational, work, and clinical requirements; passed
8an examination required by the jurisdiction; has not had a
9license revoked or voluntarily surrendered a license while
10under investigation; has not had discipline imposed, unless the
11issue has been resolved; does not have a complaint, allegation,
12or investigation pending against the person; pays applicable
13fees; and does not have a disqualifying conviction. The bill
14allows a board to require a person licensed in another state to
15pass the relevant board’s licensing exam on Iowa law and submit
16fingerprints. A person who receives a license in Iowa pursuant
17to this process is not eligible to practice in another state
18under an interstate licensure compact.
19The bill requires a licensing board to waive the application
20fee for an applicant for a license if the applicant’s household
21income does not exceed 200 percent of the federal poverty level
22and the person has not previously applied for the same license
23in Iowa.
24The bill takes effect January 1, 2021.
-22-ss/rh
2licensure in this state, including the granting of
3licenses to persons licensed in other states and acquiring
4residence in Iowa, disqualification provisions for criminal
5convictions, the waiver of application fees, and licensee
6discipline, and including effective date provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 103.1, Code 2020, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 11A. “Offense directly relates” refers to
4either of the following:
5a. The actions taken in furtherance of an offense are
6actions customarily performed within the scope of practice of
7a licensed profession.
8b. The circumstances under which an offense was committed
9are circumstances customary to a licensed profession.
10 Sec. 2. Section 103.6, subsection 1, paragraph e, Code 2020,
11is amended to read as follows:
12e. Grant an exception for a person who would otherwise be
13denied a license due to a criminal conviction under specified
14circumstances. When considering such an exception, the
15board shall consider the following if the following factors
16establish, by clear and convincing evidence, that the person is
17rehabilitated and an appropriate candidate for licensure: the
18nature and seriousness of any offense of which the person was
19convicted, all circumstances relative to the offense, including
20mitigating circumstances or social conditions surrounding the
21commission of the offense, the age of the person at the time
22the offense was committed, the length of time that has elapsed
23since the offense was committed, any treatment undertaken by
24the person, whether a certificate of employability has been
25issued to the person pursuant to section 906.19, letters of
26reference, and all other relevant evidence of rehabilitation
27and present fitness presented. If an exception is not granted,
28the board shall convey in writing to the person the grounds
29for the denial, including specific determinations for finding
30that the person is not rehabilitated and not an appropriate
31candidate for licensure based on the listed factors. A person
32holding a license prior to July 1, 2019, shall not be required
33to obtain an exception to maintain a license.
34 Sec. 3. Section 103.9, subsection 3, Code 2020, is amended
35to read as follows:
-1- 13. Conviction of a felony in Iowa that is sexual abuse
2in violation of section 709.4, a sexually violent offense as
3defined in section 229A.2, the offense of dependent adult abuse
4in violation of section 235B.20, a forcible felony as defined
5in section 702.11, or the offense of domestic abuse assault in
6violation of section 708.2A, shall may be grounds for denial,
7revocation, or suspension of a license if an unreasonable risk
8to public safety exists because the offense directly relates to
9the duties and responsibilities of the profession and the board
10does not grant an exception. Conviction for any other felony
11or misdemeanor shall not be grounds for denial, revocation,
12or suspension. A conviction of a crime in violation of
13federal law or in violation of the law of another state shall
14be given the same effect as it would if such conviction had
15been under Iowa law. If federal law or the laws of another
16state do not provide for offenses or violations denominated
17or described in precisely the same words as Iowa law, the
18department shall determine whether those offenses or violations
19are substantially similar in nature to Iowa law and apply those
20offenses or violations accordingly.
21 Sec. 4. Section 103.9, Code 2020, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 4. A person may petition the board,
24in a form prescribed by the board, for a determination of
25whether the person’s criminal record will prevent the person
26from receiving a license. The board shall issue such a
27determination at the next regularly scheduled meeting of
28the board or within thirty days of receiving the petition,
29whichever is later. The board may charge a fee to recoup the
30costs of such determination, provided that such fee shall not
31exceed twenty-five dollars.
32 Sec. 5. Section 103.10, subsection 6, Code 2020, is amended
33to read as follows:
346. Conviction of a felony in Iowa that is sexual abuse
35in violation of section 709.4, a sexually violent offense as
-2-1defined in section 229A.2, the offense of dependent adult abuse
2in violation of section 235B.20, a forcible felony as defined
3in section 702.11, or the offense of domestic abuse assault in
4violation of section 708.2A, shall may be grounds for denial,
5revocation, or suspension of a license if an unreasonable risk
6to public safety exists because the offense directly relates to
7the duties and responsibilities of the profession and the board
8does not grant an exception. Conviction for any other felony
9or misdemeanor shall not be grounds for denial, revocation,
10or suspension. A conviction of a crime in violation of
11federal law or in violation of the law of another state shall
12be given the same effect as it would if such conviction had
13been under Iowa law. If federal law or the laws of another
14state do not provide for offenses or violations denominated
15or described in precisely the same words as Iowa law, the
16department shall determine whether those offenses or violations
17are substantially similar in nature to Iowa law and apply those
18offenses or violations accordingly.
19 Sec. 6. Section 103.10, Code 2020, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 7. A person may petition the board,
22in a form prescribed by the board, for a determination of
23whether the person’s criminal record will prevent the person
24from receiving a license. The board shall issue such a
25determination at the next regularly scheduled meeting of
26the board or within thirty days of receiving the petition,
27whichever is later. The board may charge a fee to recoup the
28costs of such a determination, provided that such fee shall not
29exceed twenty-five dollars.
30 Sec. 7. Section 103.12, subsection 6, Code 2020, is amended
31to read as follows:
326. Conviction of a felony in Iowa that is sexual abuse
33in violation of section 709.4, a sexually violent offense as
34defined in section 229A.2, the offense of dependent adult abuse
35in violation of section 235B.20, a forcible felony as defined
-3-1in section 702.11, or the offense of domestic abuse assault in
2violation of section 708.2A, shall may be grounds for denial,
3revocation, or suspension of a license if an unreasonable risk
4to public safety exists because the offense directly relates to
5the duties and responsibilities of the profession and the board
6does not grant an exception. Conviction for any other felony
7or misdemeanor shall not be grounds for denial, revocation,
8or suspension. A conviction of a crime in violation of
9federal law or in violation of the law of another state shall
10be given the same effect as it would if such conviction had
11been under Iowa law. If federal law or the laws of another
12state do not provide for offenses or violations denominated
13or described in precisely the same words as Iowa law, the
14department shall determine whether those offenses or violations
15are substantially similar in nature to Iowa law and apply those
16offenses or violations accordingly.
17 Sec. 8. Section 103.12, Code 2020, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 7. A person may petition the board,
20in a form prescribed by the board, for a determination of
21whether the person’s criminal record will prevent the person
22from receiving a license. The board shall issue such a
23determination at the next regularly scheduled meeting of
24the board or within thirty days of receiving the petition,
25whichever is later. The board may charge a fee to recoup the
26costs of such a determination, provided that such fee shall not
27exceed twenty-five dollars.
28 Sec. 9. Section 103.12A, subsection 4, Code 2020, is amended
29to read as follows:
304. Conviction of a felony in Iowa that is sexual abuse
31in violation of section 709.4, a sexually violent offense as
32defined in section 229A.2, the offense of dependent adult abuse
33in violation of section 235B.20, a forcible felony as defined
34in section 702.11, or the offense of domestic abuse assault in
35violation of section 708.2A, shall may be grounds for denial,
-4-1revocation, or suspension of a license if an unreasonable risk
2to public safety exists because the offense directly relates to
3the duties and responsibilities of the profession and the board
4does not grant an exception. Conviction for any other felony
5or misdemeanor shall not be grounds for denial, revocation,
6or suspension. A conviction of a crime in violation of
7federal law or in violation of the law of another state shall
8be given the same effect as it would if such conviction had
9been under Iowa law. If federal law or the laws of another
10state do not provide for offenses or violations denominated
11or described in precisely the same words as Iowa law, the
12department shall determine whether those offenses or violations
13are substantially similar in nature to Iowa law and apply those
14offenses or violations accordingly.
15 Sec. 10. Section 103.12A, Code 2020, is amended by adding
16the following new subsection:
17 NEW SUBSECTION. 5. A person may petition the board,
18in a form prescribed by the board, for a determination as
19to whether the person’s criminal record will prevent the
20person from receiving a license. The board shall issue such
21a determination at the next regularly scheduled meeting of
22the board or within thirty days of receiving the petition,
23whichever is later. The board may charge a fee to recoup the
24costs of such a determination, provided that such fee shall not
25exceed twenty-five dollars.
26 Sec. 11. Section 103.13, subsection 4, Code 2020, is amended
27to read as follows:
284. Conviction of a felony in Iowa that is sexual abuse
29in violation of section 709.4, a sexually violent offense as
30defined in section 229A.2, the offense of dependent adult abuse
31in violation of section 235B.20, a forcible felony as defined
32in section 702.11, or the offense of domestic abuse assault in
33violation of section 708.2A, shall may be grounds for denial,
34revocation, or suspension of a license if an unreasonable risk
35to public safety exists because the offense directly relates to
-5-1the duties and responsibilities of the profession and the board
2does not grant an exception. Conviction for any other felony
3or misdemeanor shall not be grounds for denial, revocation,
4or suspension. A conviction of a crime in violation of
5federal law or in violation of the law of another state shall
6be given the same effect as it would if such conviction had
7been under Iowa law. If federal law or the laws of another
8state do not provide for offenses or violations denominated
9or described in precisely the same words as Iowa law, the
10department shall determine whether those offenses or violations
11are substantially similar in nature to Iowa law and apply those
12offenses or violations accordingly.
13 Sec. 12. Section 103.13, Code 2020, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 5. A person may petition the board,
16in a form prescribed by the board, for a determination as
17to whether the person’s criminal record will prevent the
18person from receiving a license. The board shall issue such
19a determination at the next regularly scheduled meeting of
20the board or within thirty days of receiving the petition,
21whichever is later. The board may charge a fee to recoup the
22costs of such a determination, provided that such fee shall not
23exceed twenty-five dollars.
24 Sec. 13. Section 103.15, subsections 6 and 7, Code 2020, are
25amended to read as follows:
266. The board may reject an application for licensure
27under this section from an applicant who would be subject
28to suspension, revocation, or reprimand pursuant to section
29103.35. The board shall not reject an application for
30licensure under this section based solely on the incarceration
31status or duration of time since release from incarceration of
32an applicant.
337. Conviction of a felony in Iowa that is sexual abuse
34in violation of section 709.4, a sexually violent offense as
35defined in section 229A.2, the offense of dependent adult abuse
-6-1in violation of section 235B.20, a forcible felony as defined
2in section 702.11, or the offense of domestic abuse assault in
3violation of section 708.2A, shall may be grounds for denial,
4revocation, or suspension of a license if an unreasonable risk
5to public safety exists because the offense directly relates to
6the duties and responsibilities of the profession and the board
7does not grant an exception. Conviction for any other felony
8or misdemeanor shall not be grounds for denial, revocation,
9or suspension. A conviction of a crime in violation of
10federal law or in violation of the law of another state shall
11be given the same effect as it would if such conviction had
12been under Iowa law. If federal law or the laws of another
13state do not provide for offenses or violations denominated
14or described in precisely the same words as Iowa law, the
15department shall determine whether those offenses or violations
16are substantially similar in nature to Iowa law and apply those
17offenses or violations accordingly.
18 Sec. 14. Section 103.15, Code 2020, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 8. A person may petition the board,
21in a form prescribed by the board, for a determination of
22whether the person’s criminal record will prevent the person
23from receiving a license. The board shall issue such a
24determination at the next regularly scheduled meeting of
25the board or within thirty days of receiving the petition,
26whichever is later. The board may charge a fee to recoup the
27costs of such a determination, provided that such fee shall not
28exceed twenty-five dollars.
29 Sec. 15. Section 105.2, Code 2020, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 14A. “Offense directly relates” refers to
32either of the following:
33a. The actions taken in furtherance of an offense are
34actions customarily performed within the scope of practice of
35a licensed profession.
-7- 1b. The circumstances under which an offense was committed
2are circumstances customary to a licensed profession.
3 Sec. 16. Section 105.10, subsection 5, Code 2020, is amended
4to read as follows:
55. The board may shall grant an exception for a person
6who would otherwise be denied a license due to a criminal
7conviction under specified circumstances. When considering
8such an exception, the board shall consider the following
9 if the following factors establish, by clear and convincing
10evidence, that the person is rehabilitated and an appropriate
11candidate for licensure: the nature and seriousness of any
12offense of which the person was convicted, all circumstances
13relative to the offense, including mitigating circumstances or
14social conditions surrounding the commission of the offense,
15the age of the person at the time the offense was committed,
16the length of time that has elapsed since the offense was
17committed, any treatment undertaken by the person, whether a
18certificate of employability has been issued to the person
19pursuant to section 906.19, letters of reference, and all
20other relevant evidence of rehabilitation and present fitness
21presented. If an exception is not granted by the board, the
22board shall convey in writing to the person the grounds for the
23denial, including specific determinations for finding that the
24person is not rehabilitated and not an appropriate candidate
25for licensure based on the listed factors. A person holding a
26license prior to July 1, 2019, shall not be required to obtain
27an exception to maintain a license.
28 Sec. 17. Section 105.22, subsection 4, Code 2020, is amended
29to read as follows:
304. Conviction of a felony in Iowa that is sexual abuse
31in violation of section 709.4, a sexually violent offense as
32defined in section 229A.2, the offense of dependent adult abuse
33in violation of section 235B.20, a forcible felony as defined
34in section 702.11, or the offense of domestic abuse assault in
35violation of section 708.2A, shall may be grounds for denial,
-8-1revocation, or suspension of a license if an unreasonable risk
2to public safety exists because the offense directly relates to
3the duties and responsibilities of the profession and the board
4does not grant an exception. Conviction for any other felony
5or misdemeanor shall not be grounds for denial, revocation,
6or suspension. A conviction of a crime in violation of
7federal law or in violation of the law of another state shall
8be given the same effect as it would if such conviction had
9been under Iowa law. If federal law or the laws of another
10state do not provide for offenses or violations denominated
11or described in precisely the same words as Iowa law, the
12department shall determine whether those offenses or violations
13are substantially similar in nature to Iowa law and apply those
14offenses or violations accordingly. A copy of the record of
15conviction or plea of guilty shall be conclusive evidence of
16such conviction.
17 Sec. 18. Section 105.22, Code 2020, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 4A. A person may petition the board,
20in a form prescribed by the board, for a determination of
21whether the person’s criminal record will prevent the person
22from receiving a license. The board shall issue such a
23determination at the next regularly scheduled meeting of
24the board or within thirty days of receiving the petition,
25whichever is later. The board may charge a fee to recoup the
26costs of such a determination, provided that such fee shall not
27exceed twenty-five dollars.
28 Sec. 19. Section 147.3, Code 2020, is amended to read as
29follows:
30147.3 Qualifications.
31An applicant for a license to practice a profession under
32this subtitle is not ineligible because of age, citizenship,
33sex, race, religion, marital status, or national origin,
34although the application form may require citizenship
35information. A board may consider the past criminal record of
-9-1an applicant only if the conviction relates to the practice of
2the profession for which the applicant requests to be licensed
3 as provided in section 272C.13.
4 Sec. 20. Section 147.55, subsection 5, Code 2020, is amended
5to read as follows:
65. Conviction of a crime related to the profession or
7occupation of the licensee or the conviction of any crime
8that would affect the licensee’s ability to practice within
9a profession as provided in section 272C.13. A copy of the
10record of conviction or plea of guilty shall be conclusive
11evidence.
12 Sec. 21. Section 147A.7, subsection 1, paragraph j, Code
132020, is amended to read as follows:
14j. Violating a statute of this state, another state,
15or the United States, without regard to its designation as
16either a felony or misdemeanor, which relates to the practice
17of an emergency medical care provider Conviction of a crime
18as provided in section 272C.13. A copy of the record of
19conviction or plea of guilty is conclusive evidence of the
20violation.
21 Sec. 22. Section 148.6, subsection 2, paragraph b, Code
222020, is amended to read as follows:
23b. Being convicted of a felony in the courts of this state
24or another state, territory, or country. Conviction as used in
25this paragraph shall include a conviction of an offense which
26if committed in this state would be deemed a felony without
27regard to its designation elsewhere, or a criminal proceeding
28in which a finding or verdict of guilt is made or returned, but
29the adjudication of guilt is either withheld or not entered
30 crime as provided in section 272C.13. A certified copy of the
31final order or judgment of conviction or plea of guilty in this
32state or in another state shall be conclusive evidence.
33 Sec. 23. Section 148.6, subsection 2, paragraph c, Code
342020, is amended to read as follows:
35c. Violating a statute or law of this state, another state,
-10-1or the United States, without regard to its designation as
2either felony or misdemeanor, which statute or law directly
3 relates to the practice of medicine.
4 Sec. 24. Section 148H.7, subsection 1, paragraph a, Code
52020, is amended to read as follows:
6a. Conviction of a felony under state or federal law or
7commission of any other offense involving moral turpitude crime
8as provided in section 272C.13.
9 Sec. 25. Section 151.9, subsection 5, Code 2020, is amended
10to read as follows:
115. Conviction of a felony related to the profession or
12occupation of the licensee or the conviction of any felony
13that would affect the licensee’s ability to practice as a
14professional chiropractor crime as provided in section 272C.13.
15A copy of the record of conviction or plea of guilty shall be
16conclusive evidence.
17 Sec. 26. Section 152.10, subsection 2, paragraph c, Code
182020, is amended to read as follows:
19c. Conviction for a felony in the courts of this state or
20another state, territory, or country if the felony relates
21to the practice of nursing. Conviction shall include only a
22conviction for an offense which if committed in this state
23would be deemed a felony without regard to its designation
24elsewhere crime as provided in section 272C.13. A certified
25copy of the final order or judgment of conviction or plea
26of guilty in this state or in another jurisdiction shall be
27conclusive evidence of conviction.
28 Sec. 27. Section 153.34, subsections 9 and 10, Code 2020,
29are amended to read as follows:
309. For the conviction of a felony in the courts of this
31state or another state, territory, or country. Conviction as
32used in this subsection includes a conviction of an offense
33which if committed in this state would be a felony without
34regard to its designation elsewhere, and includes a finding
35or verdict of guilt made or returned in a criminal proceeding
-11-1even if the adjudication of guilt is withheld or not entered
2 crime as provided in section 272C.13. A certified copy of the
3final order or judgment of conviction or plea of guilty in this
4state or in another state constitutes conclusive evidence of
5the conviction.
610. For a violation of a law of this state, another state,
7or the United States, without regard to its designation as
8either a felony or misdemeanor, which law directly relates to
9the practice of dentistry, dental hygiene, or dental assisting.
10A certified copy of the final order or judgment of conviction
11or plea of guilty in this state or in another state constitutes
12conclusive evidence of the conviction.
13 Sec. 28. Section 154A.24, subsection 1, Code 2020, is
14amended to read as follows:
151. Conviction of a felony crime as provided in section
16272C.13. The record of conviction, or a certified copy, shall
17be conclusive evidence of conviction.
18 Sec. 29. Section 155A.12, subsection 9, Code 2020, is
19amended to read as follows:
209. Been convicted of an offense or subjected to a penalty
21or fine for violation of chapter 124, 126, 147, or the
22Federal Food, Drug, and Cosmetic Act a crime as provided in
23section 272C.13. A plea or verdict of guilty, or a conviction
24following a plea of nolo contendere, is deemed to be a
25conviction within the meaning of this section.
26 Sec. 30. Section 156.9, subsection 2, paragraph e, Code
272020, is amended to read as follows:
28e. Conviction of any crime related to the practice of
29mortuary science or implicating the licensee’s competence to
30safely perform mortuary science services, including but not
31limited to a crime involving moral character, dishonesty,
32fraud, theft, embezzlement, extortion, or controlled
33substances, in a court of competent jurisdiction in this state,
34or in another state, territory, or district of the United
35States, or in a foreign jurisdiction a crime as provided in
-12-1section 272C.13. For purposes of this paragraph, “conviction”
2includes a guilty plea, deferred judgment, or other finding
3of guilt. A certified copy of the judgment is prima facie
4evidence of the conviction.
5 Sec. 31. Section 272.1, Code 2020, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 5A. “Offense directly relates” refers to
8either of the following:
9a. The actions taken in furtherance of an offense are
10actions customarily performed within the scope of practice of
11a licensed profession.
12b. The circumstances under which an offense was committed
13are circumstances customary to a licensed profession.
14 Sec. 32. Section 272.2, subsection 14, paragraph a, Code
152020, is amended to read as follows:
16a. The board may deny a license to or revoke the license
17of a person upon the board’s finding by a preponderance of
18evidence that either the person has been convicted of a crime
19 an offense and the offense directly relates to the duties and
20responsibilities of the profession or that there has been
21a founded report of child abuse against the person. Rules
22adopted in accordance with this paragraph shall provide that
23in determining whether a person should be denied a license or
24that a practitioner’s license should be revoked, the board
25shall consider the nature and seriousness of the founded abuse
26or crime in relation to the position sought, the time elapsed
27since the crime was committed, the degree of rehabilitation
28which has taken place since the incidence of founded abuse or
29the commission of the crime, the likelihood that the person
30will commit the same abuse or crime again, and the number of
31founded abuses committed by or criminal convictions of the
32person involved.
33 Sec. 33. Section 272C.1, Code 2020, is amended by adding the
34following new subsection:
35 NEW SUBSECTION. 7A. “Offense directly relates” refers to
-13-1either of the following:
2a. The actions taken in furtherance of an offense are
3actions customarily performed within the scope of practice of
4a licensed profession.
5b. The circumstances under which an offense was committed
6are circumstances customary to a licensed profession.
7 Sec. 34. NEW SECTION. 272C.3A Out-of-state license
8recognition — conditions — process.
91. For the purposes of this section:
10a. “Issuing jurisdiction” means the duly constituted
11authority in another state that has issued a professional
12license to an individual.
13b. “License” means a license, registration, certification,
14or permit.
15c. “Licensing board” or “board” includes, in addition to
16those boards listed in section 272C.1, subsection 6:
17(1) The real estate appraiser examining board, created
18pursuant to chapter 543D.
19(2) The interior design examining board, created pursuant
20to chapter 544C.
21(3) The board of educational examiners, created pursuant to
22chapter 272, in issuing a coaching license or an administrator
23license.
24(4) The board of behavioral science, created pursuant to
25chapter 147.
26(5) The board of dietetics, created pursuant to chapter 147.
27(6) The board of social work, created pursuant to chapter
28147.
29(7) The division of labor services of the department of
30workforce development, created pursuant to chapter 84A, in
31issuing an amusement ride operator license pursuant to chapter
3288A, a license related to asbestos removal or encapsulation
33pursuant to chapter 88B, and an inspector or special inspector
34license pursuant to chapter 89A.
35(8) The state commissioner of athletics, in issuing a
-14-1promoter license or professional boxer license pursuant to
2chapter 90A.
3(9) The labor commissioner, in issuing a special inspector
4license pursuant to chapter 89 and a construction contractor
5license pursuant to chapter 91C.
6(10) The department of agriculture and land stewardship,
7in issuing a milk hauler permit pursuant to chapter 192 and a
8license related to pesticide application pursuant to chapter
9206.
10(11) The department of natural resources, in issuing a
11manure applicator license pursuant to chapter 459B, and a
12commercial manure service representative license, a sanitary
13landfill operator license, and a solid waste incinerator
14operator license pursuant to chapter 455B.
15(12) The commissioner of insurance, in issuing an
16investment adviser representative license or securities agent
17license pursuant to chapter 502 and an insurance producer
18license pursuant to chapter 522B.
19(13) The department of human services, in issuing a
20certified adoption investigator license pursuant to chapter
21600A.
22(14) The department of inspections and appeals, in issuing
23a certified nursing assistant license or nursing home activity
24director license pursuant to chapter 135C.
25(15) The racing and gaming commission, in issuing a racing
26worker license pursuant to chapter 99D and a riverboat gambling
27worker license pursuant to chapter 99F.
28(16) The department of public health, in issuing a tattoo
29artist license and a license related to lead abatement pursuant
30to chapter 135, a radon measurement specialist license and
31a radon mitigation specialist license pursuant to chapter
32136B, and a nuclear medicine technologist license, radiation
33therapist license, and radiographer license pursuant to chapter
34136C.
35(17) The commissioner of public safety, in issuing a private
-15-1investigator license, a bail enforcement agent license, and a
2private security agent license pursuant to chapter 80A.
3(18) The electrical examining board, created pursuant to
4chapter 103.
5(19) The state fire marshal, in issuing a license related to
6explosive materials pursuant to chapter 101A.
72. Notwithstanding any other provision of law, the
8appropriate licensing board shall issue a professional license
9to a person who establishes residence in this state if all of
10the following conditions are met:
11a. The person currently holds a license with a substantially
12equivalent scope of practice, as determined by the board, in at
13least one other issuing jurisdiction.
14b. The person is in good standing in all issuing
15jurisdictions in which the person holds a license.
16c. The person has been licensed for at least one year.
17d. When the person was licensed by the issuing jurisdiction,
18the issuing jurisdiction imposed minimum educational
19requirements and, if applicable, work experience and clinical
20supervision requirements, and the issuing jurisdiction verifies
21that the person met those requirements in order to be licensed
22in that issuing jurisdiction.
23e. The person previously passed an examination required by
24the issuing jurisdiction for the license.
25f. The person has not had a license revoked and has not
26voluntarily surrendered a license in any issuing jurisdiction
27or country while under investigation for unprofessional
28conduct.
29g. The person has not had discipline imposed by an issuing
30jurisdiction. If the person has had discipline imposed by the
31issuing jurisdiction, the board shall determine if the cause
32for the action was corrected and the matter resolved. If the
33matter has not been resolved by the issuing jurisdiction, the
34board shall suspend the application process and shall not issue
35or deny a license until the matter is resolved.
-16- 1h. The person does not have a complaint, allegation, or
2investigation pending before another issuing jurisdiction or
3country that relates to unprofessional conduct. If the person
4has any complaints, allegations, or investigations pending,
5the board shall suspend the application process and shall not
6issue or deny a license to the person until the complaint,
7allegation, or investigation is resolved.
8i. The person pays all applicable fees.
9j. The person does not have a disqualifying conviction as
10determined by the board.
113. Notwithstanding subsection 2, a licensing board may do
12all of the following:
13a. Require a person to take and pass an examination specific
14to the laws of this state prior to issuing a license under this
15section.
16b. Require a person to submit fingerprints in order to
17access state and federal criminal record information for
18noncriminal justice purposes.
194. A person licensed pursuant to this section is subject to
20the laws regulating the person’s professional practice in this
21state and is subject to the jurisdiction of the appropriate
22licensing board.
235. This section does not apply to criteria for a license
24that is established by an interstate compact.
256. This section does not prevent the appropriate licensing
26board from entering into a reciprocity agreement or compact
27with another state or jurisdiction.
287. A license issued pursuant to this section is only valid
29in this state and does not grant the person receiving the
30license eligibility to practice pursuant to an interstate
31compact. The appropriate licensing board may determine
32eligibility for a person to be licensed under this section if
33the person does not hold a license pursuant to an interstate
34compact.
35 Sec. 35. Section 272C.10, subsection 5, Code 2020, is
-17-1amended to read as follows:
25. Conviction of a felony related offense if the offense
3directly relates to the profession or occupation of the
4licensee. A copy of the record of conviction or plea of guilty
5shall be conclusive evidence.
6 Sec. 36. NEW SECTION. 272C.12 Waiver of fees.
71. For the purposes of this section, “license”, “licensing
8board”, and “board” mean the same as defined in section 272C.3A,
9except that “license” shall also include any license issued
10pursuant to chapter 272.
112. A licensing board shall waive any fee charged to an
12applicant for a license if the applicant’s household income
13does not exceed two hundred percent of the federal poverty
14income guidelines and the applicant is applying for the license
15for the first time in this state.
16 Sec. 37. NEW SECTION. 272C.13 Disqualifications for
17criminal convictions limited.
181. For the purposes of this section, “license”, “licensing
19board”, and “board” mean the same as defined in section 272C.3A.
202. Notwithstanding any other provision of law to the
21contrary, except for chapters 103 and 105, a person’s
22conviction of a crime may be grounds for the denial,
23revocation, or suspension of a license only if an unreasonable
24risk to public safety exists because the offense directly
25relates to the duties and responsibilities of the profession
26and the appropriate licensing board does not grant an exception
27pursuant to subsection 5.
283. A licensing board that may deny a license on the basis
29of an applicant’s conviction record shall provide a list of
30the specific convictions that may disqualify an applicant from
31receiving a license. Any such offense shall be an offense that
32directly relates to the duties and responsibilities of the
33profession.
344. A licensing board shall not deny an application for a
35license on the basis of an arrest that was not followed by a
-18-1conviction or based on a finding that an applicant lacks good
2character, suffers from moral turpitude, or on other similar
3basis.
45. A licensing board shall grant an exception to an
5applicant who would otherwise be denied a license due to a
6criminal conviction if the following factors establish by clear
7and convincing evidence that the applicant is rehabilitated and
8an appropriate candidate for licensure:
9a. The nature and seriousness of the crime for which the
10applicant was convicted.
11b. The amount of time that has passed since the commission
12of the crime. There is a rebuttable presumption that an
13applicant is rehabilitated and an appropriate candidate
14for licensure five years after the date of the applicant’s
15release from incarceration, provided that the applicant was
16not convicted of sexual abuse in violation of section 709.4,
17a sexually violent offense as defined in section 229A.2,
18dependent adult abuse in violation of section 235B.20, a
19forcible felony as defined in section 702.11, or domestic abuse
20assault in violation of section 708.2A, and the applicant
21has not been convicted of another crime after release from
22incarceration.
23c. The circumstances relative to the offense, including any
24aggravating and mitigating circumstances or social conditions
25surrounding the commission of the offense.
26d. The age of the applicant at the time the offense was
27committed.
28e. Any treatment undertaken by the applicant.
29f. Whether a certification of employability has been issued
30to the applicant pursuant to section 906.19.
31g. Any letters of reference submitted on behalf of the
32applicant.
33h. All other relevant evidence of rehabilitation and present
34fitness of the applicant.
356. An applicant may petition the relevant licensing board,
-19-1in a form prescribed by the board, for a determination as
2to whether the applicant’s criminal record will prevent the
3applicant from receiving a license. The board shall issue
4such a determination at the next regularly scheduled meeting
5of the board or within thirty days of receiving the petition,
6whichever is later. A board may charge a fee to recoup the
7costs of such a determination, provided that such fee shall not
8exceed twenty-five dollars.
97. a. A licensing board that denies an applicant a license
10solely or partly because of the applicant’s prior conviction
11of a crime shall notify the applicant in writing of all of the
12following:
13(1) The grounds for the denial or disqualification.
14(2) That the applicant has the right to a hearing to
15challenge the licensing authority’s decision.
16(3) The earliest date the applicant may submit a new
17application.
18(4) That evidence of rehabilitation of the applicant may be
19considered upon reapplication.
20b. A determination by a licensing board that an applicant’s
21criminal conviction is specifically listed as a disqualifying
22conviction and the offense directly relates to the duties
23and responsibilities of the applicant’s profession must be
24documented in written findings for each factor specified in
25subsection 5 sufficient for a review by a court.
26c. In any administrative or civil hearing authorized
27by this section or chapter 17A, a licensing board shall
28carry the burden of proof on the question of whether the
29applicant’s criminal offense directly relates to the duties
30and responsibilities of the profession for which the license
31is sought.
32 Sec. 38. EFFECTIVE DATE. This Act takes effect January 1,
332021.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-20-1the explanation’s substance by the members of the general assembly.
2This bill relates to the regulation of professional licenses
3in Iowa including the recognition of out-of-state licenses and
4disqualification provisions for criminal convictions.
5The bill provides that a person can only be disqualified
6from holding a professional license or have a professional
7license revoked for conviction of a crime under certain
8circumstances. In order for a conviction of a crime to serve
9as a disqualification from holding a professional license, the
10actions taken in furtherance of the crime must be actions which
11are customarily performed by the licensed profession or the
12offense must have been committed under circumstances that are
13customary to the profession. The bill requires a licensing
14board that may disqualify an applicant on the basis of a
15criminal conviction to provide a list of the convictions that
16may disqualify an applicant. If an applicant would otherwise
17be disqualified from holding a professional license, the bill
18requires the issuing board to grant an exception if the board
19determines by clear and convincing evidence that the applicant
20is rehabilitated and an appropriate candidate for licensure.
21The bill allows a person to submit a form to the appropriate
22licensing board to determine whether that person’s conviction
23of the crime would serve to disqualify that person from holding
24a professional license.
25The bill strikes specific provisions regarding
26disqualifications from holding a professional license on
27the basis of a criminal conviction in Code chapters 103
28(electricians and electrical contractors), 105 (plumbers,
29mechanical professionals, and contractors), 147 (general
30provisions, health-related professions), 147A (emergency
31medical care — trauma care), 148 (medicine and surgery), 148H
32(genetic counseling), 151 (chiropractic), 152 (nursing), 153
33(dentistry), 154A (hearing aids), 155A (pharmacy), 156 (funeral
34directing, mortuary science, and cremation), 272 (educational
35examiners board) and 272C (regulation of licensed professions
-21-1and occupations).
2The bill requires a licensing board to grant a professional
3license to a person from out of state who: establishes
4residency in Iowa; currently holds a substantially equivalent
5license from another jurisdiction; is in good standing in
6all jurisdictions where the person is licensed; completed
7minimum educational, work, and clinical requirements; passed
8an examination required by the jurisdiction; has not had a
9license revoked or voluntarily surrendered a license while
10under investigation; has not had discipline imposed, unless the
11issue has been resolved; does not have a complaint, allegation,
12or investigation pending against the person; pays applicable
13fees; and does not have a disqualifying conviction. The bill
14allows a board to require a person licensed in another state to
15pass the relevant board’s licensing exam on Iowa law and submit
16fingerprints. A person who receives a license in Iowa pursuant
17to this process is not eligible to practice in another state
18under an interstate licensure compact.
19The bill requires a licensing board to waive the application
20fee for an applicant for a license if the applicant’s household
21income does not exceed 200 percent of the federal poverty level
22and the person has not previously applied for the same license
23in Iowa.
24The bill takes effect January 1, 2021.
-22-ss/rh