The 2024 legislative sessions came to an end for most states with the start of summer. While NASBA tracked many bills on enforcement matters, most bills from this year’s legislative sessions under the enforcement category focused on how criminal histories are weighed in licensure application decisions. There were several bills regarding other enforcement topics such as disciplinary procedures and the administrative process for the licensee. However, the trend of bills in the enforcement area this session centered around the license application process. Many bills that failed to pass contained language that would have made it easier for boards to deny licensure based on criminal histories. On the other hand, many of the enforcement bills that did pass made it easier for an applicant with a criminal history to obtain licensure, removing regulatory roadblocks. Below is a sampling of bill summaries pertaining to state board enforcement efforts. The exact bill language can be accessed by clicking the link on the bill numbers below.  

Information below is accurate as of June 14, 2024.  

GA SB 157 (Pending)  

This bill makes several changes to occupational licensing laws involving enforcement efforts. First, it creates a pre-clearance process for the licensing of individuals with criminal records. It also requires evidence to support any adverse decisions made on the basis of a criminal conviction and provides for a hearing prior to refusal. The bill allows applicants to submit their own criminal records when applying for certain licenses, in addition to creating a process and requirements for predetermination decisions.   

ID H 461 (Went into effect March 25, 2024) 

This bill relates to the Idaho Administrative Procedure Act and proposes several amendments. The amendment specifies the form and content to be used in giving notice of a contested case, procedures for intervention, prehearing conferences, format for pleadings, and methods of service. It also includes procedures for subpoenas, discovery orders, protective orders, qualifications for representatives in contested cases, procedures for informal settlement, and procedures for placing ex parte contacts on the record.  

MA HD 2527/ H 4602 (Pending)  

This bill states that a licensing authority (such as an agency, examining board, or commission) shall not automatically deny an individual a professional or occupational license based on their criminal record. The bill also states that a licensing authority shall provide individualized consideration and may only deny, diminish, suspend, revoke, or limit a license if certain specific criteria are met and if the licensing authority can prove it by clear and convincing evidence.  

SD SB 57 (Effective July 1, 2024) 

This bill aims to create uniform procedures for considering criminal histories and convictions in professional or occupational licensure. The bill specifies that agencies or administrators may not take adverse action against an applicant or licensee based on their criminal history, arrest records, criminal court records, or juvenile court records, unless the conviction directly relates to the profession or occupation for which the license is sought or held. In determining whether a conviction directly relates to the profession or occupation, the agency or administrator must consider the nature and seriousness of the crime, its relationship to the purposes of regulating the profession or occupation, and the individual’s rehabilitation. The bill also states that agencies or administrators may not take adverse action based on arrest or court records for which no conviction was entered, or records that have been sealed, dismissed, expunged, or pardoned.  

TN HB 1859 (Effective July 1, 2024) 

This bill introduces changes to the criteria and procedures for licensing authorities when considering individuals with prior criminal convictions. Notably, a licensing authority should not automatically deny a license or renewal based on a prior conviction unrelated to the relevant occupation. The bill also specifies the types of convictions that may be considered, excluding certain nonviolent misdemeanors and offenses beyond a specific timeframe. Additionally, it prohibits the use of vague terms in the licensing authority’s decision-making process.  

VA HB 1337/SB 463 (Effective July 1, 2024)  

This bill repeals the requirement for an annual audit of the Board of Accountancy and amends several Code provisions relating to the board. The bill changes the Secretariat of the board from the Secretary of Commerce and Trade to the Secretary of Finance. The bill authorizes the board to initiate complaints against (i) individuals or firms claiming to hold a Virginia license, as defined in the bill, and (ii) unlicensed individuals or firms using the certified public accountant title in Virginia, as defined in the bill. The bill also grants the Executive Director of the board the power to request and receive reports from the Central Criminal Records Exchange in conjunction with the Executive Director’s investigative and enforcement powers. Finally, the bill directs the board to adopt emergency regulations to implement the provisions of the bill.  

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