Vote Smart's Synopsis:

Vote to pass a bill that authorizes professional licenses for individuals with prior criminal convictions.

Highlights:

• Authorizes the State Board of Barber Examiners or the State Board of Cosmetology to issue a restricted license for a period of between one to two years for an applicant that lacks the fitness to engage in the practice of barbering under the Barbers’ License Law, or in the practice of cosmetology under the Cosmetology Law, due to a criminal conviction, or is otherwise ineligible as a result of a criminal conviction (Sec. 2).

• Authorizes the applicable licensing board or licensing commission of occupations other than barbering and cosmetology, to issue a restricted license for an applicant that lacks the fitness to engage in the practice due to a criminal conviction or is otherwise ineligible as a result of a criminal conviction (Sec. 2).

• Requires a licensing board or licensing commission to determine an individual’s qualification for a license, certificate, registration or permit in accordance with (Sec. 2):

• An analysis of the criminal convictions, taking into consideration whether the criminal conviction directly relates to the occupation, trade, or profession for which the individual seeks licensure, and whether licensure of the individual would pose a substantial risk to the health and safety of the individual’s patients or clients or the public or a substantial risk of further criminal convictions; and

• An individualized assessment of the individual with respect to criminal convictions and rehabilitation, which takes into consideration:

• Whether the criminal conduct involved an act or threat of harm;

• The facts and circumstances surrounding the criminal conviction;

• The number of criminal convictions;

• An increase in age or maturity since the date of the conviction;

• The individual’s criminal history or lack of one since the date of conviction;

• Successful completion of education and training activities;

• References from employers or others;

• Progress in personal rehabilitation since the conviction;

• Whether the individual meets all other licensing qualifications of the applicable practice act;

• The individual’s criminal history, or lack of one since the date of conviction while engaged in the same or similar profession or occupation; and

• Any other factor deemed relevant.

• Prohibits a licensing board or licensing commission from issuing a license, registration, certificate, or permit to be, or otherwise allow an individual to practice as a health care practitioner if the individual has been convicted of a sexual offense (Sec. 2).

• Authorizes an individual convicted of a crime of violence to be granted a license, registration, certificate, or permit by a licensing board or licensing commission if (Sec. 2):

• At least 3 years have elapsed since release from incarceration;

• At least 3 years have elapsed since imposition of the sentence if the individual is serving a sentence other than a period of confinement in a state or county correctional facility;

• The individual has remained conviction-free during the previously highlighted periods;

• The individual demonstrates significant rehabilitation since the conviction; and

• The licensure of the individual does not pose a substantial risk to the health and safety of the individual’s patients or clients or the public or a substantial risk of further criminal convictions. 

• Specifies that the provisions of the respective practice acts relating to felony drug convictions under the Controlled Substance, Drug, Device and Cosmetic Act, will apply to an individual convicted of a drug trafficking offense (Sec. 2).

• Requires a determination from this section to be public information, except for the name, address, and other identifying information (Sec. 2).

• Prohibits a licensing board or licensing commission from considering an applicant’s juvenile adjudications when determining whether an applicant is qualified to be issued a license, registration, certificate or permit (Sec. 2).

• Authorizes an individual with a criminal conviction to request in writing that a licensing board or licensing commission provide a preliminary determination regarding whether the individual’s criminal conviction will likely disqualify the individual from receiving a license, certificate, registration, or permit (Sec. 2).

• Requires the Department of State, within 180 days of the effective date of this subsection, to collaborate with licensing boards and commissions to develop a guide of best practices for an applicant with a criminal conviction to use when seeking a license, certificate, registration, or permit (Sec. 2).

Full Bill Text