67-9411. EVALUATION OF CRIMINAL CONVICTIONS. (1) A licensing author-
ity shall not deny, suspend, revoke, or discipline a license, certificate,
registration, permit, or other authorization to practice a profession or oc-
cupation on the basis of a person having a prior conviction of a crime, unless
such conviction is currently relevant to the person's fitness to engage in
such profession or occupation as determined by the licensing authority. The
licensing authority shall make its determination based on consideration of
the following factors:
(a) The nature and seriousness of the crime for which the individual was
convicted;
(b) The relationship of the crime to the ability, capacity, and fit-
ness required to perform the duties and discharge the responsibilities
of the occupation;
(c) The passage of time since the commission of the crime;
(d) Any evidence of rehabilitation or treatment undertaken by the indi-
vidual; and
(e) Any other relevant factor.
(2) A licensing authority shall not deny, suspend, revoke, or disci-
pline a license, certificate, registration, permit, or other authorization
to practice a profession or occupation on the basis of vague or generic
terminology related to a criminal conviction, including but not limited
to "moral turpitude" or "moral character." Where such terms appear in code
or rule with respect to a criminal conviction, a licensing authority shall
conduct a relevancy evaluation pursuant to subsection (1) of this section.
(3) In lieu of denying licensure to an applicant based on a prior crimi-
nal conviction, a licensing authority may, after considering the factors as
set forth in subsection (1) of this section, issue conditional licensure for
a period of one (1) year. Upon successful completion of the probational con-
ditions, the licensing authority shall issue a full, unrestricted license.
Any failure to successfully complete the probational conditions shall re-
sult in revocation of the conditional licensure and denial of full, unre-
stricted licensure.
[67-9411, added 2020, ch. 175, sec. 1, p. 505; am. 2023, ch. 124, sec.
3, p. 358.]