What changed in HF 2627

21 passages reworded, 83 added and 125 removed; 46 of 275 unchanged.

Removed AddedIntroduced textText as passedAmendments

Section 1. Section 103.1, Code 2020, is amended by adding the following new subsection:

NEW SUBSECTION. 11A. “Offense directly relates” refers to either of the following:

a. The actions taken in furtherance of an offense are actions customarily performed within the scope of practice of a licensed profession.

b. The circumstances under which an offense was committed are circumstances customary to a licensed profession.

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2. Section 103.6, subsection 1, paragraph e, Code 2020, is amended to read as follows:

e. Grant an exception for a person who would otherwise be denied a license due to a criminal conviction under specified circumstances. When considering such an exception, the board shall consider the following if the following factors establish, by clear and convincing evidence, that the person is rehabilitated and an appropriate candidate for licensure: the nature and seriousness of any offense of which the person was convicted, all circumstances relative to the offense, including mitigating circumstances or social conditions surrounding the commission of the offense, the age of the person at the time the offense was committed, the length of time that has elapsed since the offense was committed, any treatment undertaken by the person, whether a certificate of employability has been issued to the person pursuant to section 906.19, letters of reference, and all other relevant evidence of rehabilitation and present fitness presented. If an exception is not granted, the board shall convey in writing to the person the grounds for the denial, including specific determinations for finding that the person is not rehabilitated and not an appropriate candidate for licensure based on the listed factors. A person holding a license prior to July 1, 2019, shall not be required to obtain an exception to maintain a license.

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3. Section 103.9, subsection 3, Code 2020, is amended to read as follows:

3. Conviction of a felony in Iowa that is sexual abuse in violation of section 709.4, a sexually violent offense as defined in section 229A.2, the offense of dependent adult abuse in violation of section 235B.20, a forcible felony as defined in section 702.11, or the offense of domestic abuse assault in violation of section 708.2A, shall may be grounds for denial, revocation, or suspension of a license if an unreasonable risk to public safety exists because the offense directly relates to the duties and responsibilities of the profession and the board does not grant an exception. Conviction for any other felony or misdemeanor shall not be grounds for denial, revocation, or suspension. A conviction of a crime in violation of federal law or in violation of the law of another state shall be given the same effect as it would if such conviction had been under Iowa law. If federal law or the laws of another state do not provide for offenses or violations denominated or described in precisely the same words as Iowa law, the department shall determine whether those offenses or violations are substantially similar in nature to Iowa law and apply those offenses or violations accordingly.

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4. Section 103.9, Code 2020, is amended by adding the following new subsection:

NEW SUBSECTION.

4. A person may petition the board, in a form prescribed by the board, for a determination of whether the person’s criminal record will prevent the person from receiving a license. The board shall issue such a determination at the next regularly scheduled meeting of the board or within thirty days of receiving the petition, whichever is later. The board may charge a fee to recoup the costs of such determination, provided that such fee shall not exceed twenty-five dollars.

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5. Section 103.10, subsection 6, Code 2020, is amended to read as follows:

6. Conviction of a felony in Iowa that is sexual abuse in violation of section 709.4, a sexually violent offense as defined in section 229A.2, the offense of dependent adult abuse in violation of section 235B.20, a forcible felony as defined in section 702.11, or the offense of domestic abuse assault in violation of section 708.2A, shall may be grounds for denial, revocation, or suspension of a license if an unreasonable risk to public safety exists because the offense directly relates to the duties and responsibilities of the profession and the board does not grant an exception. Conviction for any other felony or misdemeanor shall not be grounds for denial, revocation, or suspension. A conviction of a crime in violation of federal law or in violation of the law of another state shall be given the same effect as it would if such conviction had been under Iowa law. If federal law or the laws of another state do not provide for offenses or violations denominated or described in precisely the same words as Iowa law, the department shall determine whether those offenses or violations are substantially similar in nature to Iowa law and apply those offenses or violations accordingly.

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6. Section 103.10, Code 2020, is amended by adding the following new subsection:

NEW SUBSECTION.

7. A person may petition the board, in a form prescribed by the board, for a determination of whether the person’s criminal record will prevent the person from receiving a license. The board shall issue such a determination at the next regularly scheduled meeting of the board or within thirty days of receiving the petition, whichever is later. The board may charge a fee to recoup the costs of such a determination, provided that such fee shall not exceed twenty-five dollars.

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7. Section 103.12, subsection 6, Code 2020, is amended to read as follows:

6. Conviction of a felony in Iowa that is sexual abuse in violation of section 709.4, a sexually violent offense as defined in section 229A.2, the offense of dependent adult abuse in violation of section 235B.20, a forcible felony as defined in section 702.11, or the offense of domestic abuse assault in violation of section 708.2A, shall may be grounds for denial, revocation, or suspension of a license if an unreasonable risk to public safety exists because the offense directly relates to the duties and responsibilities of the profession and the board does not grant an exception. Conviction for any other felony or misdemeanor shall not be grounds for denial, revocation, or suspension. A conviction of a crime in violation of federal law or in violation of the law of another state shall be given the same effect as it would if such conviction had been under Iowa law. If federal law or the laws of another state do not provide for offenses or violations denominated or described in precisely the same words as Iowa law, the department shall determine whether those offenses or violations are substantially similar in nature to Iowa law and apply those offenses or violations accordingly.

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8. Section 103.12, Code 2020, is amended by adding the following new subsection:

NEW SUBSECTION.

7. A person may petition the board, in a form prescribed by the board, for a determination of whether the person’s criminal record will prevent the person from receiving a license. The board shall issue such a determination at the next regularly scheduled meeting of the board or within thirty days of receiving the petition, whichever is later. The board may charge a fee to recoup the costs of such a determination, provided that such fee shall not exceed twenty-five dollars.

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9. Section 103.12A, subsection 4, Code 2020, is amended to read as follows:

4. Conviction of a felony in Iowa that is sexual abuse in violation of section 709.4, a sexually violent offense as defined in section 229A.2, the offense of dependent adult abuse in violation of section 235B.20, a forcible felony as defined in section 702.11, or the offense of domestic abuse assault in violation of section 708.2A, shall may be grounds for denial, revocation, or suspension of a license if an unreasonable risk to public safety exists because the offense directly relates to the duties and responsibilities of the profession and the board does not grant an exception. Conviction for any other felony or misdemeanor shall not be grounds for denial, revocation, or suspension. A conviction of a crime in violation of federal law or in violation of the law of another state shall be given the same effect as it would if such conviction had been under Iowa law. If federal law or the laws of another state do not provide for offenses or violations denominated or described in precisely the same words as Iowa law, the department shall determine whether those offenses or violations are substantially similar in nature to Iowa law and apply those offenses or violations accordingly.

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10. Section 103.12A, Code 2020, is amended by adding the following new subsection:

NEW SUBSECTION.

5. A person may petition the board, in a form prescribed by the board, for a determination as to whether the person’s criminal record will prevent the person from receiving a license. The board shall issue such a determination at the next regularly scheduled meeting of the board or within thirty days of receiving the petition, whichever is later. The board may charge a fee to recoup the costs of such a determination, provided that such fee shall not exceed twenty-five dollars.

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11. Section 103.13, subsection 4, Code 2020, is amended to read as follows:

DIVISION I PROFESSIONAL LICENSING

4. Conviction of a felony in Iowa that is sexual abuse in violation of section 709.4, a sexually violent offense as defined in section 229A.2, the offense of dependent adult abuse in violation of section 235B.20, a forcible felony as defined in section 702.11, or the offense of domestic abuse assault in violation of section 708.2A, shall may be grounds for denial, revocation, or suspension of a license if an unreasonable risk to public safety exists because the offense directly relates to the duties and responsibilities of the profession and the board does not grant an exception. Conviction for any other felony or misdemeanor shall not be grounds for denial, revocation, or suspension. A conviction of a crime in violation of federal law or in violation of the law of another state shall be given the same effect as it would if such conviction had been under Iowa law. If federal law or the laws of another state do not provide for offenses or violations denominated or described in precisely the same words as Iowa law, the department shall determine whether those offenses or violations are substantially similar in nature to Iowa law and apply those offenses or violations accordingly.

Section 1. Section 103.6, subsection 1, paragraph e, Code 2020, is amended by striking the paragraph.

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12. Section 103.13, Code 2020, is amended by adding the following new subsection:

NEW SUBSECTION.

5. A person may petition the board, in a form prescribed by the board, for a determination as to whether the person’s criminal record will prevent the person from receiving a license. The board shall issue such a determination at the next regularly scheduled meeting of the board or within thirty days of receiving the petition, whichever is later. The board may charge a fee to recoup the costs of such a determination, provided that such fee shall not exceed twenty-five dollars.

2. Section 103.9, subsection 3, Code 2020, is amended by striking the subsection.

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13. Section 103.15, subsections 6 and 7, Code 2020, are amended to read as follows:

6. The board may reject an application for licensure under this section from an applicant who would be subject to suspension, revocation, or reprimand pursuant to section 103.35. The board shall not reject an application for licensure under this section based solely on the incarceration status or duration of time since release from incarceration of an applicant.

7. Conviction of a felony in Iowa that is sexual abuse in violation of section 709.4, a sexually violent offense as defined in section 229A.2, the offense of dependent adult abuse in violation of section 235B.20, a forcible felony as defined in section 702.11, or the offense of domestic abuse assault in violation of section 708.2A, shall may be grounds for denial, revocation, or suspension of a license if an unreasonable risk to public safety exists because the offense directly relates to the duties and responsibilities of the profession and the board does not grant an exception. Conviction for any other felony or misdemeanor shall not be grounds for denial, revocation, or suspension. A conviction of a crime in violation of federal law or in violation of the law of another state shall be given the same effect as it would if such conviction had been under Iowa law. If federal law or the laws of another state do not provide for offenses or violations denominated or described in precisely the same words as Iowa law, the department shall determine whether those offenses or violations are substantially similar in nature to Iowa law and apply those offenses or violations accordingly.

3. Section 103.10, subsection 6, Code 2020, is amended by striking the subsection.

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14. Section 103.15, Code 2020, is amended by adding the following new subsection:

NEW SUBSECTION.

8. A person may petition the board, in a form prescribed by the board, for a determination of whether the person’s criminal record will prevent the person from receiving a license. The board shall issue such a determination at the next regularly scheduled meeting of the board or within thirty days of receiving the petition, whichever is later. The board may charge a fee to recoup the costs of such a determination, provided that such fee shall not exceed twenty-five dollars.

4. Section 103.12, subsection 6, Code 2020, is amended by striking the subsection.

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15. Section 105.2, Code 2020, is amended by adding the following new subsection:

NEW SUBSECTION. 14A. “Offense directly relates” refers to either of the following:

a. The actions taken in furtherance of an offense are actions customarily performed within the scope of practice of a licensed profession.

b. The circumstances under which an offense was committed are circumstances customary to a licensed profession.

5. Section 103.12A, subsection 4, Code 2020, is amended by striking the subsection.

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16. 6. Section 105.10, 103.13, subsection 5, 4, Code 2020, is amended to read as follows: by striking the subsection.

5. The board may shall grant an exception for a person who would otherwise be denied a license due to a criminal conviction under specified circumstances. When considering such an exception, the board shall consider the following if the following factors establish, by clear and convincing evidence, that the person is rehabilitated and an appropriate candidate for licensure: the nature and seriousness of any offense of which the person was convicted, all circumstances relative to the offense, including mitigating circumstances or social conditions surrounding the commission of the offense, the age of the person at the time the offense was committed, the length of time that has elapsed since the offense was committed, any treatment undertaken by the person, whether a certificate of employability has been issued to the person pursuant to section 906.19, letters of reference, and all other relevant evidence of rehabilitation and present fitness presented. If an exception is not granted by the board, the board shall convey in writing to the person the grounds for the denial, including specific determinations for finding that the person is not rehabilitated and not an appropriate candidate for licensure based on the listed factors. A person holding a license prior to July 1, 2019, shall not be required to obtain an exception to maintain a license.

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17. 7. Section 105.22, 103.15, subsection 4, 7, Code 2020, is amended to read as follows: by striking the subsection.

4. Conviction of a felony in Iowa that is sexual abuse in violation of section 709.4, a sexually violent offense as defined in section 229A.2, the offense of dependent adult abuse in violation of section 235B.20, a forcible felony as defined in section 702.11, or the offense of domestic abuse assault in violation of section 708.2A, shall may be grounds for denial, revocation, or suspension of a license if an unreasonable risk to public safety exists because the offense directly relates to the duties and responsibilities of the profession and the board does not grant an exception. Conviction for any other felony or misdemeanor shall not be grounds for denial, revocation, or suspension. A conviction of a crime in violation of federal law or in violation of the law of another state shall be given the same effect as it would if such conviction had been under Iowa law. If federal law or the laws of another state do not provide for offenses or violations denominated or described in precisely the same words as Iowa law, the department shall determine whether those offenses or violations are substantially similar in nature to Iowa law and apply those offenses or violations accordingly. A copy of the record of conviction or plea of guilty shall be conclusive evidence of such conviction.

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18. Section 105.22, Code 2020, is amended by adding the following new subsection:

NEW SUBSECTION. 4A. A person may petition the board, in a form prescribed by the board, for a determination of whether the person’s criminal record will prevent the person from receiving a license. The board shall issue such a determination at the next regularly scheduled meeting of the board or within thirty days of receiving the petition, whichever is later. The board may charge a fee to recoup the costs of such a determination, provided that such fee shall not exceed twenty-five dollars.

8. Section 105.10, subsection 5, Code 2020, is amended by striking the subsection.

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19. Section 147.3, Code 2020, is amended to read as follows: 147.3 Qualifications. An applicant for a license to practice a profession under this subtitle is not ineligible because of age, citizenship, sex, race, religion, marital status, or national origin, although the application form may require citizenship information. A board may consider the past criminal record of an applicant only if the conviction relates to the practice of the profession for which the applicant requests to be licensed as provided in section 272C.13.

9. Section 105.22, subsection 4, Code 2020, is amended by striking the subsection.

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20. 10. Section 147.55, 135.105A, subsection 5, Code 2020, is amended to read as follows:

5. Conviction of a crime related to the profession or occupation of the licensee or the conviction of any crime that would affect the licensee’s ability to practice within a profession as provided in section 272C.13. A copy of the record of conviction or plea of guilty shall be conclusive evidence.

5. The department shall adopt rules regarding minimum requirements for lead inspector, lead abater, and lead-safe renovator training programs, certification, work practice standards, and suspension and revocation requirements, and shall implement the training and certification programs. Rules adopted pursuant to this subsection shall comply with chapter 272C. The department shall seek federal funding and shall establish fees in amounts sufficient to defray the cost of the programs. The fees shall be used for any of the department’s duties under this subchapter, including but not limited to the costs of full-time equivalent positions for program services and investigations. Fees received shall be considered repayment receipts as defined in section 8.2.

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21. Section 147A.7, subsection 1, paragraph j, Code 2020, is amended to read as follows:

j. Violating a statute of this state, another state, or the United States, without regard to its designation as either a felony or misdemeanor, which relates to the practice of an emergency medical care provider Conviction of a crime as provided in section 272C.13. A copy of the record of conviction or plea of guilty is conclusive evidence of the violation.

11. Section 147.3, Code 2020, is amended to read as follows: 147.3 Qualifications. An applicant for a license to practice a profession under this subtitle is not ineligible because of age, citizenship, sex, race, religion, marital status, or national origin, although the application form may require citizenship information. A board may consider the past criminal record of an applicant only if the conviction relates to the practice of the profession for which the applicant requests to be licensed.

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22. Section 148.6, subsection 2, paragraph b, Code 2020, is amended to read as follows:

b. Being convicted of a felony in the courts of this state or another state, territory, or country. Conviction as used in this paragraph shall include a conviction of an offense which if committed in this state would be deemed a felony without regard to its designation elsewhere, or a criminal proceeding in which a finding or verdict of guilt is made or returned, but the adjudication of guilt is either withheld or not entered crime as provided in section 272C.13. A certified copy of the final order or judgment of conviction or plea of guilty in this state or in another state shall be conclusive evidence.

12. Section 147.55, subsection 5, Code 2020, is amended by striking the subsection.

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23. 13. Section 148.6, 147A.7, subsection 2, 1, paragraph c, j, Code 2020, is amended to read as follows: by striking the paragraph.

c. Violating a statute or law of this state, another state, or the United States, without regard to its designation as either felony or misdemeanor, which statute or law directly relates to the practice of medicine.

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24. 14. Section 148H.7, 148.6, subsection 1, 2, paragraph a, b, Code 2020, is amended to read as follows: by striking the paragraph.

a. Conviction of a felony under state or federal law or commission of any other offense involving moral turpitude crime as provided in section 272C.13.

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25. Section 151.9, subsection 5, Code 2020, is amended to read as follows:

5. Conviction of a felony related to the profession or occupation of the licensee or the conviction of any felony that would affect the licensee’s ability to practice as a professional chiropractor crime as provided in section 272C.13. A copy of the record of conviction or plea of guilty shall be conclusive evidence.

15. Section 148H.7, subsection 1, paragraph a, Code 2020, is amended by striking the paragraph.

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26. Section 152.10, subsection 2, paragraph c, Code 2020, is amended to read as follows:

c. Conviction for a felony in the courts of this state or another state, territory, or country if the felony relates to the practice of nursing. Conviction shall include only a conviction for an offense which if committed in this state would be deemed a felony without regard to its designation elsewhere crime as provided in section 272C.13. A certified copy of the final order or judgment of conviction or plea of guilty in this state or in another jurisdiction shall be conclusive evidence of conviction.

16. Section 151.9, subsection 5, Code 2020, is amended by striking the subsection.

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27. Section 153.34, subsections 9 and 10, Code 2020, are amended to read as follows:

9. For the conviction of a felony in the courts of this state or another state, territory, or country. Conviction as used in this subsection includes a conviction of an offense which if committed in this state would be a felony without regard to its designation elsewhere, and includes a finding or verdict of guilt made or returned in a criminal proceeding even if the adjudication of guilt is withheld or not entered crime as provided in section 272C.13. A certified copy of the final order or judgment of conviction or plea of guilty in this state or in another state constitutes conclusive evidence of the conviction.

10. For a violation of a law of this state, another state, or the United States, without regard to its designation as either a felony or misdemeanor, which law directly relates to the practice of dentistry, dental hygiene, or dental assisting. A certified copy of the final order or judgment of conviction or plea of guilty in this state or in another state constitutes conclusive evidence of the conviction.

17. Section 152.10, subsection 2, paragraph c, Code 2020, is amended by striking the paragraph.

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28. 18. Section 154A.24, 153.34, subsection 1, 9, Code 2020, is amended to read as follows: by striking the subsection.

1. Conviction of a felony crime as provided in section 272C.13. The record of conviction, or a certified copy, shall be conclusive evidence of conviction.

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29. 19. Section 155A.12, 154A.24, subsection 9, 1, Code 2020, is amended to read as follows: by striking the subsection.

9. Been convicted of an offense or subjected to a penalty or fine for violation of chapter 124, 126, 147, or the Federal Food, Drug, and Cosmetic Act a crime as provided in section 272C.13. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, is deemed to be a conviction within the meaning of this section.

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30. 20. Section 156.9, subsection 2, paragraph e, Code 2020, is amended to read as follows: by striking the paragraph.

e. Conviction of any crime related to the practice of mortuary science or implicating the licensee’s competence to safely perform mortuary science services, including but not limited to a crime involving moral character, dishonesty, fraud, theft, embezzlement, extortion, or controlled substances, in a court of competent jurisdiction in this state, or in another state, territory, or district of the United States, or in a foreign jurisdiction a crime as provided in section 272C.13. For purposes of this paragraph, “conviction” includes a guilty plea, deferred judgment, or other finding of guilt. A certified copy of the judgment is prima facie evidence of the conviction.

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31. 21. Section 272.1, Code 2020, is amended by adding the following new subsection:

NEW SUBSECTION. 5A. “Offense directly relates” refers to either of the following:

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32. 22. Section 272.2, subsection 14, paragraph a, Code 2020, is amended to read as follows:

a. The board may deny a license to or revoke the license of a person upon the board’s finding by a preponderance of evidence that either the person has been convicted of a crime an offense and the offense directly relates to the duties and responsibilities of the profession or that there has been a founded report of child abuse against the person. Rules adopted in accordance with this paragraph shall provide that in determining whether a person should be denied a license or that a practitioner’s license should be revoked, the board shall consider the nature and seriousness of the founded abuse or crime in relation to the position sought, the time elapsed since the crime was committed, the degree of rehabilitation which has taken place since the incidence of founded abuse or the commission of the crime, the likelihood that the person will commit the same abuse or crime again, and the number of founded abuses committed by or criminal convictions of the person involved.

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33. 23. Section 272C.1, Code 2020, is amended by adding the following new subsection:

NEW SUBSECTION. 7A. “Offense directly relates” refers to either of the following:

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34.

NEW SECTION. 272C.3A Out-of-state license recognition —— conditions —— process.

1. For the purposes of this section:

a. “Issuing jurisdiction” means the duly constituted authority in another state that has issued a professional license to an individual.

b. “License” means a license, registration, certification, or permit.

c. “Licensing board” or “board” includes, in addition to those boards listed in section 272C.1, subsection 6:

(1) The real estate appraiser examining board, created pursuant to chapter 543D.

(2) The interior design examining board, created pursuant to chapter 544C.

(3) The board of educational examiners, created pursuant to chapter 272, in issuing a coaching license or an administrator license.

(4) The board of behavioral science, created pursuant to chapter 147.

(5) The board of dietetics, created pursuant to chapter 147.

(6) The board of social work, created pursuant to chapter 147.

(7) The division of labor services of the department of workforce development, created pursuant to chapter 84A, in issuing an amusement ride operator license pursuant to chapter 88A, a license related to asbestos removal or encapsulation pursuant to chapter 88B, and an inspector or special inspector license pursuant to chapter 89A.

(8) The state commissioner of athletics, in issuing a promoter license or professional boxer license pursuant to chapter 90A.

(9) The labor commissioner, in issuing a special inspector license pursuant to chapter 89 and a construction contractor license pursuant to chapter 91C.

(10) The department of agriculture and land stewardship, in issuing a milk hauler permit pursuant to chapter 192 and a license related to pesticide application pursuant to chapter 206.

(11) The department of natural resources, in issuing a manure applicator license pursuant to chapter 459B, and a commercial manure service representative license, a sanitary landfill operator license, and a solid waste incinerator operator license pursuant to chapter 455B.

(12) The commissioner of insurance, in issuing an investment adviser representative license or securities agent license pursuant to chapter 502 and an insurance producer license pursuant to chapter 522B.

(13) The department of human services, in issuing a certified adoption investigator license pursuant to chapter 600A.

(14) The department of inspections and appeals, in issuing a certified nursing assistant license or nursing home activity director license pursuant to chapter 135C.

(15) The racing and gaming commission, in issuing a racing worker license pursuant to chapter 99D and a riverboat gambling worker license pursuant to chapter 99F.

(16) The department of public health, in issuing a tattoo artist license and a license related to lead abatement pursuant to chapter 135, a radon measurement specialist license and a radon mitigation specialist license pursuant to chapter 136B, and a nuclear medicine technologist license, radiation therapist license, and radiographer license pursuant to chapter 136C.

(17) The commissioner of public safety, in issuing a private investigator license, a bail enforcement agent license, and a private security agent license pursuant to chapter 80A.

(18) The electrical examining board, created pursuant to chapter 103.

(19) The state fire marshal, in issuing a license related to explosive materials pursuant to chapter 101A.

2. Notwithstanding any other provision of law, the appropriate licensing board shall issue a professional license to a person who establishes residence in this state if all of the following conditions are met:

a. The person currently holds a license with a substantially equivalent scope of practice, as determined by the board, in at least one other issuing jurisdiction.

b. The person is in good standing in all issuing jurisdictions in which the person holds a license.

c. The person has been licensed for at least one year.

d. When the person was licensed by the issuing jurisdiction, the issuing jurisdiction imposed minimum educational requirements and, if applicable, work experience and clinical supervision requirements, and the issuing jurisdiction verifies that the person met those requirements in order to be licensed in that issuing jurisdiction.

e. The person previously passed an examination required by the issuing jurisdiction for the license.

f. The person has not had a license revoked and has not voluntarily surrendered a license in any issuing jurisdiction or country while under investigation for unprofessional conduct.

g. The person has not had discipline imposed by an issuing jurisdiction. If the person has had discipline imposed by the issuing jurisdiction, the board shall determine if the cause for the action was corrected and the matter resolved. If the matter has not been resolved by the issuing jurisdiction, the board shall suspend the application process and shall not issue or deny a license until the matter is resolved.

h. The person does not have a complaint, allegation, or investigation pending before another issuing jurisdiction or country that relates to unprofessional conduct. If the person has any complaints, allegations, or investigations pending, the board shall suspend the application process and shall not issue or deny a license to the person until the complaint, allegation, or investigation is resolved.

i. The person pays all applicable fees.

j. The person does not have a disqualifying conviction as determined by the board.

3. Notwithstanding subsection 2, a licensing board may do all of the following:

a. Require a person to take and pass an examination specific to the laws of this state prior to issuing a license under this section.

b. Require a person to submit fingerprints in order to access state and federal criminal record information for noncriminal justice purposes.

4. A person licensed pursuant to this section is subject to the laws regulating the person’s professional practice in this state and is subject to the jurisdiction of the appropriate licensing board.

5. This section does not apply to criteria for a license that is established by an interstate compact.

6. This section does not prevent the appropriate licensing board from entering into a reciprocity agreement or compact with another state or jurisdiction.

7. A license issued pursuant to this section is only valid in this state and does not grant the person receiving the license eligibility to practice pursuant to an interstate compact. The appropriate licensing board may determine eligibility for a person to be licensed under this section if the person does not hold a license pursuant to an interstate compact.

24. Section 272C.4, subsection 13, Code 2020, is amended by striking the subsection.

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35. 25. Section 272C.10, subsection 5, Code 2020, is amended to read as follows: by striking the subsection and inserting in lieu thereof the following:

5. Conviction of a felony related offense if the offense directly relates to the profession or occupation of the licensee. A copy of the record of conviction or plea of guilty shall be conclusive evidence.

5. Conviction of a felony offense, if the offense directly relates to the profession or occupation of the licensee, in the courts of this state or another state, territory, or country. Conviction as used in this subsection includes a conviction of an offense which if committed in this state would be a felony without regard to its designation elsewhere, and includes a finding or verdict of guilt made or returned in a criminal proceeding even if the adjudication of guilt is withheld or not entered. A certified copy of the final order or judgment of conviction or plea of guilty in this state or in another state constitutes conclusive evidence of the conviction.

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26.

NEW SECTION. 272C.12 Licensure of persons licensed in other jurisdictions.

1. Notwithstanding any other provision of law, an occupational or professional license, certificate, or registration, including a license, certificate, or registration issued by the board of educational examiners, shall be issued without an examination to a person who establishes residency in this state or to a person who is married to an active duty member of the military forces of the United States and who is accompanying the member on an official permanent change of station to a military installation located in this state if all of the following conditions are met:

a. The person is currently licensed, certified, or registered by at least one other issuing jurisdiction in the occupation or profession applied for with a substantially similar scope of practice and the license, certificate, or registration is in good standing in all issuing jurisdictions in which the person holds a license, certificate, or registration.

b. The person has been licensed, certified, or registered by another issuing jurisdiction for at least one year.

c. When the person was licensed by the issuing jurisdiction, the issuing jurisdiction imposed minimum educational requirements and, if applicable, work experience and clinical supervision requirements, and the issuing jurisdiction verifies that the person met those requirements in order to be licensed in that issuing jurisdiction.

d. The person previously passed an examination required by the other issuing jurisdiction for licensure, certification, or registration, if applicable.

e. The person has not had a license, certificate, or registration revoked and has not voluntarily surrendered a license, certificate, or registration in any other issuing jurisdiction or country while under investigation for unprofessional conduct.

f. The person has not had discipline imposed by any other regulating entity in this state or another issuing jurisdiction or country. If another jurisdiction has taken disciplinary action against the person, the appropriate licensing board shall determine if the cause for the action was corrected and the matter resolved. If the licensing board determines that the matter has not been resolved by the jurisdiction imposing discipline, the licensing board shall not issue or deny a license, certificate, or registration to the person until the matter is resolved.

g. The person does not have a complaint, allegation, or investigation pending before any regulating entity in another issuing jurisdiction or country that relates to unprofessional conduct. If the person has any complaints, allegations, or investigations pending, the appropriate licensing board shall not issue or deny a license, certificate, or registration to the person until the complaint, allegation, or investigation is resolved.

h. The person pays all applicable fees.

i. The person does not have a criminal history that would prevent the person from holding the license, certificate, or registration applied for in this state.

2. A person licensed pursuant to this section is subject to the laws regulating the person’s practice in this state and is subject to the jurisdiction of the appropriate licensing board.

3. This section does not apply to any of the following:

a. The ability of a licensing board, agency, or department to require the submission of fingerprints or completion of a criminal history check.

b. Criteria for a license, certificate, or registration that is established by an interstate compact.

c. The ability of a licensing board, agency, or department to require a person to take and pass an examination specific to the laws of this state prior to issuing a license. A licensing board, agency, or department that requires an applicant to take and pass an examination specific to the laws of this state shall issue an applicant a temporary license that is valid for a period of three months and may be renewed once for an additional period of three months.

d. A license issued by the department of transportation.

36.

e. A person who is licensed by another issuing jurisdiction and is granted a privilege to practice in this state by another provision of law without receiving a license in this state.

NEW SECTION. 272C.12 Waiver of fees.

f. A person applying for a license through a national licensing organization.

1. For the purposes of this section, “license”, “licensing board”, and “board” mean the same as defined in section 272C.3A, except that “license” shall also include any license issued pursuant to chapter 272.

4. A license, certificate, or registration issued pursuant to this section does not grant the person receiving the license, certificate, or registration eligibility to practice pursuant to an interstate compact. A licensing board shall determine eligibility for a person to hold a license, certificate, or registration pursuant to this section regardless of the person’s eligibility to practice pursuant to an interstate compact.

2. A licensing board shall waive any fee charged to an applicant for a license if the applicant’s household income does not exceed two hundred percent of the federal poverty income guidelines and the applicant is applying for the license for the first time in this state.

5. For the purposes of this section, “issuing jurisdiction” means the duly constituted authority in another state that has issued a professional license, certificate, or registration to a person.

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27.

NEW SECTION. 272C.13 Educational requirements —— work experience.

1. Except as provided in subsection 2, a person applying for a professional or occupational license, certificate, or registration in this state who relocates to this state from another state that did not require a professional or occupational license, certificate, or registration to practice the person’s profession or occupation may be considered to have met any education, training, or work experience requirements imposed by a licensing board in this state if the person has three or more years of related work experience with a substantially similar scope of practice within the four years preceding the date of application as determined by the board.

2. This section does not apply to a license, certificate, or registration issued by the board of medicine, the board of nursing, the dental board, the board of pharmacy, or the board of educational examiners.

3. If this Code or administrative rules require a person applying for a professional or occupational license, certificate, or registration in this state to pass an examination to obtain the license, certificate, or registration, a person applying for licensure, certification, or registration under this section shall be required to pass the same examination.

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28.

NEW SECTION. 272C.14 Waiver of fees. A licensing board, agency, or department shall waive any fee charged to an applicant for a license if the applicant’s household income does not exceed two hundred percent of the federal poverty income guidelines and the applicant is applying for the license for the first time in this state.

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NEW SECTION. 272C.13 Disqualifications for criminal convictions limited.

29.

1. For the purposes of this section, “license”, “licensing board”, and “board” mean the same as defined in section 272C.3A.

NEW SECTION. 272C.15 Disqualifications for criminal convictions limited.

2. 1. Notwithstanding any other provision of law to the contrary, except for chapters 103 and 105, chapter 272, a person’s conviction of a crime may be grounds for the denial, revocation, or suspension of a license only if an unreasonable risk to public safety exists because the offense directly relates to the duties and responsibilities of the profession and the appropriate licensing board board, agency, or department does not grant an exception pursuant to subsection 5. 4.

3. 2. A licensing board board, agency, or department that may deny a license on the basis of an applicant’s conviction record shall provide a list of the specific convictions that may disqualify an applicant from receiving a license. Any such offense shall be an offense that directly relates to the duties and responsibilities of the profession.

4. 3. A licensing board board, agency, or department shall not deny an application for a license on the basis of an arrest that was not followed by a conviction or based on a finding that an applicant lacks good character, suffers from moral turpitude, or on other similar basis.

5. 4. A licensing board board, agency, or department shall grant an exception to an applicant who would otherwise be denied a license due to a criminal conviction if the following factors establish by clear and convincing evidence that the applicant is rehabilitated and an appropriate candidate for licensure:

a. The nature and seriousness of the crime for which the applicant was convicted.

h. All other relevant evidence of rehabilitation and present fitness of the applicant.

6. 5. An applicant may petition the relevant licensing board, agency, or department, in a form prescribed by the board, agency, or department, for a determination as to whether the applicant’s criminal record will prevent the applicant from receiving a license. The board board, agency, or department shall issue such a determination at the next regularly scheduled meeting of the board board, agency, or department or within thirty days of receiving the petition, whichever is later. The board, agency, or department shall hold a closed session while determining whether an applicant’s criminal record will prevent the applicant from receiving a license and while determining whether to deny an applicant’s application on the basis of an applicant’s criminal conviction. A board board, agency, or department may charge a fee to recoup the costs of such a determination, provided that such fee shall not exceed twenty-five dollars.

7.

6.

a. A licensing board board, agency, or department that denies an applicant a license solely or partly because of the applicant’s prior conviction of a crime shall notify the applicant in writing of all of the following:

(1) The grounds for the denial or disqualification.

(4) That evidence of rehabilitation of the applicant may be considered upon reapplication.

b. A determination by a licensing board board, agency, or department that an applicant’s criminal conviction is specifically listed as a disqualifying conviction and the offense directly relates to the duties and responsibilities of the applicant’s profession must be documented in written findings for each factor specified in subsection 5 4 sufficient for a review by a court.

c. In any administrative or civil hearing authorized by this section or chapter 17A, a licensing board board, agency, or department shall carry the burden of proof on the question of whether the applicant’s criminal offense directly relates to the duties and responsibilities of the profession for which the license is sought.

7. A board, agency, or department may require an applicant with a criminal record to submit the applicant’s complete criminal record detailing an applicant’s offenses with an application. A board, agency, or department may also require an applicant with a criminal record to submit a personal statement regarding whether each offense directly relates to the duties and performance of the applicant’s occupation. For the purposes of this subsection, “complete criminal record” includes the complaint and judgment of conviction for each offense of which the applicant has been convicted.

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30. RULEMAKING PROCEDURES AND APPLICABILITY.

1. The boards designated in section 147.13 other than the board of medicine, the board of nursing, the dental board, and the board of pharmacy, when carrying out rulemaking pursuant to chapter 17A to implement the provisions of this division of this Act, shall each adopt the same rules, which shall be applicable to all such boards. The bureau of professional licensure of the department of public health shall assist the boards in carrying out such rulemaking.

2. The accountancy examining board, the architectural examining board, the engineering and land surveying examining board, the interior design examining board, the landscape architectural examining board, and the real estate commission, when carrying out rulemaking pursuant to chapter 17A to implement the provisions of this Act, shall each adopt the same rules, which shall be applicable to all such boards and the real estate commission. The professional licensing bureau of the department of commerce shall assist the boards and the real estate commission in carrying out such rulemaking.

3. This section shall not apply to any rulemaking pursuant to chapter 17A by a board or commission to implement the provisions of this Act that the board or commission determines is necessary to address circumstances or legal requirements uniquely applicable to the board or commission.

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38. 31. EFFECTIVE DATE. This division of this Act takes effect January 1, 2021. DIVISION II MISCELLANEOUS CHANGES

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32. Section 22.2, Code 2020, is amended by adding the following new subsection:

NEW SUBSECTION. 2A. If feasible, the custodian of a public record may provide for the electronic examination and copying of a public record in lieu of requiring in-person examination and copying of a public record. This subsection does not apply to searches of all indexes, general and specific, of public records relating to documents, instruments, and muniments of title, for the purpose of performing title searches, real property searches, or creating real property abstracts.

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33. Section 22.4, Code 2020, is amended to read as follows: 22.4 Hours when available Public records requests. The rights of persons under this chapter may be exercised under any of the following circumstances:

1. In person, at any time during the customary office hours of the lawful custodian of the records. However, if the lawful custodian does not have customary office hours of at least thirty hours per week, such right may be exercised at any time from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m. Monday through Friday, excluding legal holidays, unless the person exercising such right and the lawful custodian agree on a different time.

2. In writing, by telephone, or by electronic means. The lawful custodian of the records shall post information for making such requests in a manner reasonably calculated to apprise the public of that information.

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34. Section 80A.1, subsection 12, Code 2020, is amended to read as follows:

12. “Private security business” means a business of furnishing, for hire or reward, guards, watch personnel, armored car personnel, patrol personnel, or other persons to protect persons or property, to prevent the unlawful taking of goods and merchandise, or to prevent the misappropriation or concealment of goods, merchandise, money, securities, or other valuable documents or papers, and includes an individual who for hire patrols, watches, or guards a residential, industrial, or business property or district. “Private security business” does not include a business for debt collection as defined in section 537.7102.

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35. Section 89A.3, subsection 2, paragraph i, Code 2020, is amended to read as follows:

i. The amount of fees charged and collected for inspection, permits, and commissions. Fees shall be set at an amount sufficient to cover costs as determined from consideration of the reasonable time required to conduct an inspection, reasonable hourly wages paid to inspectors, and reasonable transportation and similar expenses. The safety board shall also be authorized to consider setting reduced fees for nonprofit associations and nonprofit corporations, as described in chapters 501B and 504.

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36. Section 125.38, subsection 1, Code 2020, is amended to read as follows:

1. Subject to reasonable rules regarding hours of visitation which the department may adopt, a patient in a facility shall be granted an opportunity for adequate consultation with counsel, and for continuing contact with family and friends consistent with an effective treatment program, provided that such consultation and contact may be provided telephonically or electronically.

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37. Section 135B.5, subsection 1, Code 2020, is amended to read as follows:

1. Upon receipt of an application for license and the license fee, the department shall issue a license if the applicant and hospital facilities comply with this chapter, chapter 135, and the rules of the department. Each licensee shall receive annual reapproval upon payment of five hundred dollars and upon filing of an application form which is available from the department. The annual licensure fee shall be dedicated to support and provide educational programs on regulatory issues for hospitals licensed under this chapter in consultation with the hospital licensing board. Licenses shall be either general or restricted in form. Each license shall be issued only for the premises and persons or governmental units named in the application and is not transferable or assignable except with the written approval of the department. Licenses shall be posted in a conspicuous place on the licensed premises as prescribed by rule of the department.

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38. Section 135B.7, subsection 1, paragraph a, Code 2020, is amended to read as follows:

a. The department, with the advice and approval of the hospital licensing board and approval of the state board of health, shall adopt rules setting out the standards for the different types of hospitals to be licensed under this chapter. The department shall enforce the rules.

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39. Section 272.2, subsection 1, paragraph a, Code 2020, is amended to read as follows:

a. License practitioners, which includes the authority to establish criteria for the licenses; establish issuance and renewal requirements, provided that a continuing education requirement may be completed by electronic means; create application and renewal forms; create licenses that authorize different instructional functions or specialties; develop a code of professional rights and responsibilities, practices, and ethics, which shall, among other things, address the failure of a practitioner to fulfill contractual obligations under section 279.13; and develop any other classifications, distinctions, and procedures which may be necessary to exercise licensing duties. In addressing the failure of a practitioner to fulfill contractual obligations, the board shall consider factors beyond the practitioner’s control.

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40. Section 483A.24, subsection 3, paragraph a, Code 2020, is amended to read as follows: