Author: Nancy Pellow
Last saved by: Barbara Rogers
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STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 1054	By:	Johnson (Constance)

AS INTRODUCED

An Act relating to professional licensure; amending 59 O.S. 2011, Section 4000, which relates to reinstatement of licenses; modifying language; authorizing appeal for certain denial or revocation of license; requiring rules to establish certain appeal procedure; directing certain compliance; requiring certain proof; making appeals subject to Administrative Procedures Act; directing promulgation of rules by certain time; defining terms; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     59 O.S. 2011, Section 4000, is amended to read as follows:
Section 4000.  A.  All state entities that are charged with oversight of professional or occupational licenses shall establish procedures by which individuals who are convicted of a felony or misdemeanor where substance abuse or mental illness is the underlying cause of the crime, or who plead guilty or nolo contendere to a felony or misdemeanor where substance abuse or mental illness is the underlying cause of the crime, may appeal to have ~~an~~ the professional or occupational license reinstated.
B.  All state entities described in this section may consider the length of time since the plea or conviction.  Other items that may be considered are education since the plea or conviction, recovery status since the plea or conviction if the underlying crime was alcohol- or drug-related, and the public safety of allowing an individual to return to the specific occupation.
C.  Notwithstanding any other provision of law, the provisions of law authorizing a state licensing authority to declare a person ineligible for licensure due to a felony conviction shall be appealable as provided in this subsection and the rules of the licensing authority.  All state licensing authorities charged with the issuance, denial, suspension or revocation of a professional or occupational license shall establish procedures by rule by which individuals who are convicted of a nonviolent felony offense may appeal a denial or revocation of the professional or occupational license when such denial or revocation is based solely on a nonviolent felony conviction.  The person seeking to appeal a denial or revocation of a professional or occupational license pursuant to this subsection shall comply with the written procedures, disciplinary actions, and other requirements established by the licensing authority before seeking the appeal.  At an appeal hearing brought pursuant to this subsection, the appellant shall prove to the satisfaction of the state licensing authority that the denial or revocation was based solely on a nonviolent felony conviction and that the crime does not substantially relate to the practice, profession or occupation nor pose a reasonable threat to public safety, or constitute an act of moral turpitude that would affect the practice, profession or occupation or public safety.  For purposes of this subsection:
1.  "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation;
2.  "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or with others in the occupation; and
3.  "Nonviolent felony" means an offense not listed in Section 571 of Title 57 of the Oklahoma Statutes as exceptions.
D.  Any appeal brought pursuant to any provision in this section shall be brought under the provisions of the Administrative Procedures Act.  Any rule required to comply with the implementation of any provision of this section shall be promulgated within sixty (60) days of the effective date of this act.
E.  The provisions of this section shall not apply to professional or occupational licensure boards that currently recognize and comply with the spirit and intent of this ~~act~~ section.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-551	NP	1/17/2013 7:15:06 PM

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