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Legislative Year: 2022 Change
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Bill Detail: HB22-1098

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Title Department Of Regulatory Agencies Barriers To Practice Regulated Professions
Status Signed by the Speaker of the House (05/19/2022)
Bill Subjects
  • Professions & Occupations
House Sponsors S. Bird (D)
J. Bacon (D)
Senate Sponsors L. Liston (R)
J. Coleman (D)
House Committee Business Affairs and Labor
Senate Committee Finance
Date Introduced 01/20/2022
Summary

The bill requires the director of the division of professions and
occupations (director) in the department of regulatory agencies (division)
to complete an audit of the regulated professions and occupations and the
regulation of various professions and occupations by regulators of a
specific profession or occupation (regulator) to determine what barriers

exist for licensing, certification, and registration of individuals with
criminal history records and report the findings to the general assembly.
The bill limits the authority of a regulator to deny a license,
certification, or registration based on an applicant's criminal history
record to circumstances when the regulator determines that the applicant's
criminal history record jeopardizes the applicant's ability to competently,
safely, and honestly practice the regulated profession or occupation as
authorized under the applicable practice act or issuance of the credential
would not serve public safety or commercial or consumer protection
interests. A regulator is required to specify the reasons for any denial
based on a criminal history record.
The bill allows a regulator to grant a conditional license,
certification, or registration to an applicant if the regulator determines that
the applicant will have appropriate oversight provided by the applicant's
employer.
Upon request of an individual with a criminal history record, the
bill requires a regulator to issue a pre-determination letter to the
individual advising the individual if the criminal history may prevent the
individual from receiving a license, certification, or registration to
practice an occupation or profession. A regulator may charge a reasonable
fee for the pre-determination letter.
The director is required to compile de-identified information
regarding the reasons why a license, certification, or registration was
denied and make this information available to the public on the division's
website.
The bill requires state and local agencies responsible for issuing
occupational or professional credentials (occupational agency), before
making a final determination that an applicant's criminal conviction
disqualifies the applicant from receiving a license, certification, permit,
or registration, to provide a written notice to the applicant specifying the
reason for the disqualification and the right of the applicant to submit
additional evidence for the occupational agency to consider before
making a final determination. A final determination to disqualify an
applicant based on a criminal conviction must be issued in writing and
include notice of the applicant's right to appeal the determination and the
earliest date on which the applicant may reapply.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (02/24/2022) (most recent)  
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