Bill Text: IA HF2470 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to qualifications for holding professional licensure in this state, including the granting of licenses to persons licensed in other states and acquiring residence in Iowa, disqualification provisions for criminal convictions, the waiver of application fees, and licensee discipline, and including effective date provisions. (Formerly HSB 647; See HF 2627.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-06-13 - Withdrawn. H.J. 744. [HF2470 Detail]

Download: Iowa-2019-HF2470-Introduced.html
House File 2470 - Introduced HOUSE FILE 2470 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 647) A BILL FOR An Act relating to qualifications for holding professional 1 licensure in this state, including the granting of 2 licenses to persons licensed in other states and acquiring 3 residence in Iowa, disqualification provisions for criminal 4 convictions, the waiver of application fees, and licensee 5 discipline, and including effective date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5563HV (1) 88 ss/rh
H.F. 2470 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 5563HV (1) 88 ss/rh 1/ 22
H.F. 2470 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 5563HV (1) 88 ss/rh 2/ 22
H.F. 2470 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 5563HV (1) 88 ss/rh 3/ 22
H.F. 2470 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 5563HV (1) 88 ss/rh 4/ 22
H.F. 2470 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 5563HV (1) 88 ss/rh 5/ 22
H.F. 2470 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 5563HV (1) 88 ss/rh 6/ 22
H.F. 2470 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 5563HV (1) 88 ss/rh 7/ 22
H.F. 2470 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 5563HV (1) 88 ss/rh 8/ 22
H.F. 2470 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 5563HV (1) 88 ss/rh 9/ 22
H.F. 2470 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 5563HV (1) 88 ss/rh 10/ 22
H.F. 2470 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 5563HV (1) 88 ss/rh 11/ 22
H.F. 2470 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 5563HV (1) 88 ss/rh 12/ 22
H.F. 2470 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 5563HV (1) 88 ss/rh 13/ 22
H.F. 2470 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. NEW SECTION . 272C.3A Out-of-state license 7 recognition —— conditions —— process. 8 1. For the purposes of this section: 9 a. “Issuing jurisdiction” means the duly constituted 10 authority in another state that has issued a professional 11 license to an individual. 12 b. “License” means a license, registration, certification, 13 or permit. 14 c. “Licensing board” or “board” includes, in addition to 15 those boards listed in section 272C.1, subsection 6: 16 (1) The real estate appraiser examining board, created 17 pursuant to chapter 543D. 18 (2) The interior design examining board, created pursuant 19 to chapter 544C. 20 (3) The board of educational examiners, created pursuant to 21 chapter 272, in issuing a coaching license or an administrator 22 license. 23 (4) The board of behavioral science, created pursuant to 24 chapter 147. 25 (5) The board of dietetics, created pursuant to chapter 147. 26 (6) The board of social work, created pursuant to chapter 27 147. 28 (7) The division of labor services of the department of 29 workforce development, created pursuant to chapter 84A, in 30 issuing an amusement ride operator license pursuant to chapter 31 88A, a license related to asbestos removal or encapsulation 32 pursuant to chapter 88B, and an inspector or special inspector 33 license pursuant to chapter 89A. 34 (8) The state commissioner of athletics, in issuing a 35 -14- LSB 5563HV (1) 88 ss/rh 14/ 22
H.F. 2470 promoter license or professional boxer license pursuant to 1 chapter 90A. 2 (9) The labor commissioner, in issuing a special inspector 3 license pursuant to chapter 89 and a construction contractor 4 license pursuant to chapter 91C. 5 (10) The department of agriculture and land stewardship, 6 in issuing a milk hauler permit pursuant to chapter 192 and a 7 license related to pesticide application pursuant to chapter 8 206. 9 (11) The department of natural resources, in issuing a 10 manure applicator license pursuant to chapter 459B, and a 11 commercial manure service representative license, a sanitary 12 landfill operator license, and a solid waste incinerator 13 operator license pursuant to chapter 455B. 14 (12) The commissioner of insurance, in issuing an 15 investment adviser representative license or securities agent 16 license pursuant to chapter 502 and an insurance producer 17 license pursuant to chapter 522B. 18 (13) The department of human services, in issuing a 19 certified adoption investigator license pursuant to chapter 20 600A. 21 (14) The department of inspections and appeals, in issuing 22 a certified nursing assistant license or nursing home activity 23 director license pursuant to chapter 135C. 24 (15) The racing and gaming commission, in issuing a racing 25 worker license pursuant to chapter 99D and a riverboat gambling 26 worker license pursuant to chapter 99F. 27 (16) The department of public health, in issuing a tattoo 28 artist license and a license related to lead abatement pursuant 29 to chapter 135, a radon measurement specialist license and 30 a radon mitigation specialist license pursuant to chapter 31 136B, and a nuclear medicine technologist license, radiation 32 therapist license, and radiographer license pursuant to chapter 33 136C. 34 (17) The commissioner of public safety, in issuing a private 35 -15- LSB 5563HV (1) 88 ss/rh 15/ 22
H.F. 2470 investigator license, a bail enforcement agent license, and a 1 private security agent license pursuant to chapter 80A. 2 (18) The electrical examining board, created pursuant to 3 chapter 103. 4 (19) The state fire marshal, in issuing a license related to 5 explosive materials pursuant to chapter 101A. 6 2. Notwithstanding any other provision of law, the 7 appropriate licensing board shall issue a professional license 8 to a person who establishes residence in this state if all of 9 the following conditions are met: 10 a. The person currently holds a license with a substantially 11 equivalent scope of practice, as determined by the board, in at 12 least one other issuing jurisdiction. 13 b. The person is in good standing in all issuing 14 jurisdictions in which the person holds a license. 15 c. The person has been licensed for at least one year. 16 d. When the person was licensed by the issuing jurisdiction, 17 the issuing jurisdiction imposed minimum educational 18 requirements and, if applicable, work experience and clinical 19 supervision requirements, and the issuing jurisdiction verifies 20 that the person met those requirements in order to be licensed 21 in that issuing jurisdiction. 22 e. The person previously passed an examination required by 23 the issuing jurisdiction for the license. 24 f. The person has not had a license revoked and has not 25 voluntarily surrendered a license in any issuing jurisdiction 26 or country while under investigation for unprofessional 27 conduct. 28 g. The person has not had discipline imposed by an issuing 29 jurisdiction. If the person has had discipline imposed by the 30 issuing jurisdiction, the board shall determine if the cause 31 for the action was corrected and the matter resolved. If the 32 matter has not been resolved by the issuing jurisdiction, the 33 board shall suspend the application process and shall not issue 34 or deny a license until the matter is resolved. 35 -16- LSB 5563HV (1) 88 ss/rh 16/ 22
H.F. 2470 h. The person does not have a complaint, allegation, or 1 investigation pending before another issuing jurisdiction or 2 country that relates to unprofessional conduct. If the person 3 has any complaints, allegations, or investigations pending, 4 the board shall suspend the application process and shall not 5 issue or deny a license to the person until the complaint, 6 allegation, or investigation is resolved. 7 i. The person pays all applicable fees. 8 j. The person does not have a disqualifying conviction as 9 determined by the board. 10 3. Notwithstanding subsection 2, a licensing board may do 11 all of the following: 12 a. Require a person to take and pass an examination specific 13 to the laws of this state prior to issuing a license under this 14 section. 15 b. Require a person to submit fingerprints in order to 16 access state and federal criminal record information for 17 noncriminal justice purposes. 18 4. A person licensed pursuant to this section is subject to 19 the laws regulating the person’s professional practice in this 20 state and is subject to the jurisdiction of the appropriate 21 licensing board. 22 5. This section does not apply to criteria for a license 23 that is established by an interstate compact. 24 6. This section does not prevent the appropriate licensing 25 board from entering into a reciprocity agreement or compact 26 with another state or jurisdiction. 27 7. A license issued pursuant to this section is only valid 28 in this state and does not grant the person receiving the 29 license eligibility to practice pursuant to an interstate 30 compact. The appropriate licensing board may determine 31 eligibility for a person to be licensed under this section if 32 the person does not hold a license pursuant to an interstate 33 compact. 34 Sec. 35. Section 272C.10, subsection 5, Code 2020, is 35 -17- LSB 5563HV (1) 88 ss/rh 17/ 22
H.F. 2470 amended to read as follows: 1 5. Conviction of a felony related offense if the offense 2 directly relates to the profession or occupation of the 3 licensee. A copy of the record of conviction or plea of guilty 4 shall be conclusive evidence. 5 Sec. 36. NEW SECTION . 272C.12 Waiver of fees. 6 1. For the purposes of this section, “license” , “licensing 7 board” , and “board” mean the same as defined in section 272C.3A, 8 except that “license” shall also include any license issued 9 pursuant to chapter 272. 10 2. A licensing board shall waive any fee charged to an 11 applicant for a license if the applicant’s household income 12 does not exceed two hundred percent of the federal poverty 13 income guidelines and the applicant is applying for the license 14 for the first time in this state. 15 Sec. 37. NEW SECTION . 272C.13 Disqualifications for 16 criminal convictions limited. 17 1. For the purposes of this section, “license” , “licensing 18 board” , and “board” mean the same as defined in section 272C.3A. 19 2. Notwithstanding any other provision of law to the 20 contrary, except for chapters 103 and 105, a person’s 21 conviction of a crime may be grounds for the denial, 22 revocation, or suspension of a license only if an unreasonable 23 risk to public safety exists because the offense directly 24 relates to the duties and responsibilities of the profession 25 and the appropriate licensing board does not grant an exception 26 pursuant to subsection 5. 27 3. A licensing board that may deny a license on the basis 28 of an applicant’s conviction record shall provide a list of 29 the specific convictions that may disqualify an applicant from 30 receiving a license. Any such offense shall be an offense that 31 directly relates to the duties and responsibilities of the 32 profession. 33 4. A licensing board shall not deny an application for a 34 license on the basis of an arrest that was not followed by a 35 -18- LSB 5563HV (1) 88 ss/rh 18/ 22
H.F. 2470 conviction or based on a finding that an applicant lacks good 1 character, suffers from moral turpitude, or on other similar 2 basis. 3 5. A licensing board shall grant an exception to an 4 applicant who would otherwise be denied a license due to a 5 criminal conviction if the following factors establish by clear 6 and convincing evidence that the applicant is rehabilitated and 7 an appropriate candidate for licensure: 8 a. The nature and seriousness of the crime for which the 9 applicant was convicted. 10 b. The amount of time that has passed since the commission 11 of the crime. There is a rebuttable presumption that an 12 applicant is rehabilitated and an appropriate candidate 13 for licensure five years after the date of the applicant’s 14 release from incarceration, provided that the applicant was 15 not convicted of sexual abuse in violation of section 709.4, 16 a sexually violent offense as defined in section 229A.2, 17 dependent adult abuse in violation of section 235B.20, a 18 forcible felony as defined in section 702.11, or domestic abuse 19 assault in violation of section 708.2A, and the applicant 20 has not been convicted of another crime after release from 21 incarceration. 22 c. The circumstances relative to the offense, including any 23 aggravating and mitigating circumstances or social conditions 24 surrounding the commission of the offense. 25 d. The age of the applicant at the time the offense was 26 committed. 27 e. Any treatment undertaken by the applicant. 28 f. Whether a certification of employability has been issued 29 to the applicant pursuant to section 906.19. 30 g. Any letters of reference submitted on behalf of the 31 applicant. 32 h. All other relevant evidence of rehabilitation and present 33 fitness of the applicant. 34 6. An applicant may petition the relevant licensing board, 35 -19- LSB 5563HV (1) 88 ss/rh 19/ 22
H.F. 2470 in a form prescribed by the board, for a determination as 1 to whether the applicant’s criminal record will prevent the 2 applicant from receiving a license. The board shall issue 3 such a determination at the next regularly scheduled meeting 4 of the board or within thirty days of receiving the petition, 5 whichever is later. A board may charge a fee to recoup the 6 costs of such a determination, provided that such fee shall not 7 exceed twenty-five dollars. 8 7. a. A licensing board that denies an applicant a license 9 solely or partly because of the applicant’s prior conviction 10 of a crime shall notify the applicant in writing of all of the 11 following: 12 (1) The grounds for the denial or disqualification. 13 (2) That the applicant has the right to a hearing to 14 challenge the licensing authority’s decision. 15 (3) The earliest date the applicant may submit a new 16 application. 17 (4) That evidence of rehabilitation of the applicant may be 18 considered upon reapplication. 19 b. A determination by a licensing board that an applicant’s 20 criminal conviction is specifically listed as a disqualifying 21 conviction and the offense directly relates to the duties 22 and responsibilities of the applicant’s profession must be 23 documented in written findings for each factor specified in 24 subsection 5 sufficient for a review by a court. 25 c. In any administrative or civil hearing authorized 26 by this section or chapter 17A, a licensing board shall 27 carry the burden of proof on the question of whether the 28 applicant’s criminal offense directly relates to the duties 29 and responsibilities of the profession for which the license 30 is sought. 31 Sec. 38. EFFECTIVE DATE. This Act takes effect January 1, 32 2021. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -20- LSB 5563HV (1) 88 ss/rh 20/ 22
H.F. 2470 the explanation’s substance by the members of the general assembly. 1 This bill relates to the regulation of professional licenses 2 in Iowa including the recognition of out-of-state licenses and 3 disqualification provisions for criminal convictions. 4 The bill provides that a person can only be disqualified 5 from holding a professional license or have a professional 6 license revoked for conviction of a crime under certain 7 circumstances. In order for a conviction of a crime to serve 8 as a disqualification from holding a professional license, the 9 actions taken in furtherance of the crime must be actions which 10 are customarily performed by the licensed profession or the 11 offense must have been committed under circumstances that are 12 customary to the profession. The bill requires a licensing 13 board that may disqualify an applicant on the basis of a 14 criminal conviction to provide a list of the convictions that 15 may disqualify an applicant. If an applicant would otherwise 16 be disqualified from holding a professional license, the bill 17 requires the issuing board to grant an exception if the board 18 determines by clear and convincing evidence that the applicant 19 is rehabilitated and an appropriate candidate for licensure. 20 The bill allows a person to submit a form to the appropriate 21 licensing board to determine whether that person’s conviction 22 of the crime would serve to disqualify that person from holding 23 a professional license. 24 The bill strikes specific provisions regarding 25 disqualifications from holding a professional license on 26 the basis of a criminal conviction in Code chapters 103 27 (electricians and electrical contractors), 105 (plumbers, 28 mechanical professionals, and contractors), 147 (general 29 provisions, health-related professions), 147A (emergency 30 medical care —— trauma care), 148 (medicine and surgery), 148H 31 (genetic counseling), 151 (chiropractic), 152 (nursing), 153 32 (dentistry), 154A (hearing aids), 155A (pharmacy), 156 (funeral 33 directing, mortuary science, and cremation), 272 (educational 34 examiners board) and 272C (regulation of licensed professions 35 -21- LSB 5563HV (1) 88 ss/rh 21/ 22
H.F. 2470 and occupations). 1 The bill requires a licensing board to grant a professional 2 license to a person from out of state who: establishes 3 residency in Iowa; currently holds a substantially equivalent 4 license from another jurisdiction; is in good standing in 5 all jurisdictions where the person is licensed; completed 6 minimum educational, work, and clinical requirements; passed 7 an examination required by the jurisdiction; has not had a 8 license revoked or voluntarily surrendered a license while 9 under investigation; has not had discipline imposed, unless the 10 issue has been resolved; does not have a complaint, allegation, 11 or investigation pending against the person; pays applicable 12 fees; and does not have a disqualifying conviction. The bill 13 allows a board to require a person licensed in another state to 14 pass the relevant board’s licensing exam on Iowa law and submit 15 fingerprints. A person who receives a license in Iowa pursuant 16 to this process is not eligible to practice in another state 17 under an interstate licensure compact. 18 The bill requires a licensing board to waive the application 19 fee for an applicant for a license if the applicant’s household 20 income does not exceed 200 percent of the federal poverty level 21 and the person has not previously applied for the same license 22 in Iowa. 23 The bill takes effect January 1, 2021. 24 -22- LSB 5563HV (1) 88 ss/rh 22/ 22
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