Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H348 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2527 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 348
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David Henry Argosky LeBoeuf and Steven Ultrino
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to increasing opportunities for employment in professional licensure.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David Henry Argosky LeBoeuf17th Worcester1/19/2023Steven Ultrino33rd Middlesex1/19/2023Michelle L. Ciccolo15th Middlesex1/25/2023Patricia A. Duffy5th Hampden1/25/2023Vanna Howard17th Middlesex1/31/2023Lindsay N. Sabadosa1st Hampshire2/9/2023Patrick Joseph Kearney4th Plymouth2/9/2023John Barrett, III1st Berkshire2/10/2023James B. EldridgeMiddlesex and Worcester2/23/2023Estela A. Reyes4th Essex3/2/2023 1 of 18
16	16	HOUSE DOCKET, NO. 2527 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 348
18	18	By Representatives LeBoeuf of Worcester and Ultrino of Malden, a petition (accompanied by
19	19	bill, House, No. 348) of David Henry Argosky LeBoeuf, Steven Ultrino and others for legislation
20	20	to further regulate professional and occupational licensing. Consumer Protection and
21	21	Professional Licensure.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to increasing opportunities for employment in professional licensure.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 172 of chapter 6 of the General Laws, as appearing in the 2018
31	31	2Official Edition, is hereby amended by inserting, after the word “entity”, in line 27, the following
32	32	3words:- , subject to section 172N.
33	33	4 SECTION 2. Said chapter 6 is hereby amended by striking out section 172N, as so
34	34	5appearing, and inserting in place thereof the following 2 sections:-
35	35	6 Section 172N. (a) For the purposes of this section, “licensing authority” shall include any
36	36	7agency, examining board, credentialing board or other office or commission, including boards
37	37	8supervised by the commissioner of professional licensure, with the authority to impose
38	38	9occupational fees or licensing requirements on a profession.
39	39	10 (b) Notwithstanding any other provision of law, a licensing authority shall not
40	40	11automatically bar an individual from a professional or occupational license because of a criminal 2 of 18
41	41	12record. A licensing authority shall provide individualized consideration of an individual’s
42	42	13circumstances as described in subsections (d) and (e) to deny, diminish, suspend, revoke,
43	43	14withhold or otherwise limit a professional or occupational license.
44	44	15 (c) Notwithstanding any general or special law to the contrary, a licensing authority shall
45	45	16not consider, nor require an individual to disclose:
46	46	17 (1) a deferred adjudication, including but not limited to a continuance without a finding,
47	47	18participation in a diversion program or an arrest not followed by a conviction;
48	48	19 (2) a conviction for which no sentence of incarceration may be imposed;
49	49	20 (3) a conviction that has been sealed, annulled, dismissed, vacated, set aside, expunged or
50	50	21pardoned;
51	51	22 (4) a juvenile adjudication;
52	52	23 (5) a non-violent misdemeanor;
53	53	24 (6) a conviction that occurred more than 3 years prior to the date of the licensing
54	54	25authority’s consideration or where the individual’s incarceration ended more than 3 years before
55	55	26the date of the licensing authority’s consideration, except for a conviction of:
56	56	27 (i) a crime punishable by imprisonment for a term exceeding 2 and a half years, or any
57	57	28act of juvenile delinquency involving the use or possession of a deadly weapon that would be
58	58	29punishable by imprisonment for such term if committed by an adult, that (A) has as an element
59	59	30involving the use, attempted use or threatened use of physical force or a deadly weapon against
60	60	31the person of another; (B) is burglary, extortion, arson or kidnapping; (C) involves the use of 3 of 18
61	61	32explosives; or (D) resulted in death, bodily injury, or serious bodily injury with malice
62	62	33aforethought;
63	63	34 (ii) a felony related to a sex offense, a sex offense involving a child or a sexually violent
64	64	35offense as defined in section 178C; or
65	65	36 (iii) a felony related to criminal fraud pursuant to section 1 of chapter 267 or
66	66	37embezzlement pursuant to chapter 266.
67	67	38 (d)(1) A licensing authority may deny, diminish, suspend, revoke, withhold or otherwise
68	68	39limit a professional or occupational license only if the licensing authority determines, by clear
69	69	40and convincing evidence, that:
70	70	41 (i) First, an individual’s non-excluded criminal record directly relates to the duties and
71	71	42responsibilities of the profession or occupation.
72	72	43 (ii) Second, if an individual’s non-excluded criminal record is directly related to the
73	73	44duties and responsibilities of the profession or occupation, the licensing authority must then
74	74	45determine if the interest of the licensing authority in protecting the public, an individual or
75	75	46property from harm outweighs the individual’s right to hold the professional or occupational
76	76	47license.
77	77	48 (iii) Third, if the licensing authority determines that the interest in protecting the public,
78	78	49an individual or property from harm outweighs the individual’s right to hold the professional or
79	79	50occupational license, then the licensing authority shall determine if the applicant has failed to be
80	80	51rehabilitated. 4 of 18
81	81	52 (2) The licensing authority shall bear the burden of proof to establish evidence of clauses
82	82	53(i) to (iii), inclusive.
83	83	54 (e) If the applicant’s criminal record is directly related to the performance, duties,
84	84	55responsibilities, practices or functions of the profession, the licensing authority shall consider the
85	85	56following factors, in a light most favorable to the applicant, to demonstrate evidence of
86	86	57rehabilitation:
87	87	58 (1) the age of the individual at the time of the offense;
88	88	59 (2) the length of time since the offense;
89	89	60 (3) the completion of a criminal sentence, not including financial obligations;
90	90	61 (4) a certificate of rehabilitation, restoration of rights or good conduct;
91	91	62 (5) completion of, or active participation in, rehabilitative drug or alcohol treatment or
92	92	63similar programs;
93	93	64 (6) testimonials and recommendations, including, but not limited to, progress reports
94	94	65from the individual’s probation or parole officer;
95	95	66 (7) other evidence of rehabilitation;
96	96	67 (8) education and training;
97	97	68 (9) employment history;
98	98	69 (10) the individual’s responsibilities, including civic and community engagement or
99	99	70family contributions; 5 of 18
100	100	71 (11) whether the individual will be bonded in the occupation; and
101	101	72 (12) other information that the individual submitted to the licensing authority including
102	102	73mitigating circumstances.
103	103	74 (f) The licensing authority shall make its decision using the criteria and process described
104	104	75in subsections (b) to (e), inclusive. The licensing authority shall issue and send a decision to the
105	105	76applicant on the petition not later than 60 days after the licensing authority receives the petition
106	106	77or, if a hearing is held, not later than 90 days after the licensing authority receives the petition.
107	107	78The decision shall be made in writing and include a copy of any criminal record report that the
108	108	79licensing authority reviewed. If the licensing
109	109	80 authority determines that an occupational or professional license should not be granted
110	110	81because of the criminal conviction of an applicant, the decision shall set forth the reasons for the
111	111	82determination which shall address each of the factors in subsection (e) that the licensing
112	112	83authority deemed relevant to the determination.
113	113	84 (g)(1) An individual with a criminal record may petition a licensing authority at any time,
114	114	85including before obtaining any required personal qualifications or applying for a license, for a
115	115	86decision as to whether the individual’s criminal record is directly related to the profession and
116	116	87that criminal record would disqualify the individual from obtaining a professional or
117	117	88occupational license. The licensing authority may charge a fee to the petitioner to recoup costs
118	118	89related to the petition, not to exceed $100 for each petition. If the petitioner’s income is at or
119	119	90below 250 per cent of the federal poverty level used to determine indigency by the trial court of
120	120	91the commonwealth, the fee shall be waived. 6 of 18
121	121	92 (2) The petitioner shall include in the petition an authorization for the licensing authority
122	122	93to obtain the petitioner’s criminal record.
123	123	94 (3) The licensing authority will make its decision using the criteria and process in
124	124	95subsections (b) to (e), inclusive.
125	125	96 (4) The licensing authority shall issue and send a decision on the petition to the petitioner
126	126	97not later than 60 days after the licensing authority receives the petition or, if a hearing is held, not
127	127	98later than 90 days after the licensing authority receives the petition. The decision shall be made
128	128	99in writing, include a copy of any criminal record report that the licensing authority reviewed and,
129	129	100if the licensing authority determines that an occupational license should not be granted because
130	130	101of the petitioner’s criminal record, a description that details with specificity how the petitioner’s
131	131	102criminal record is directly and specifically related to the performance, duties, responsibilities,
132	132	103practices or functions of the profession.
133	133	104 (5) A decision that the licensing authority should grant the application under certain
134	134	105conditions is binding on the licensing authority in any later ruling on the petitioner’s professional
135	135	106or occupational license unless there is a change in the petitioner’s criminal record that is directly
136	136	107related to the duties or responsibilities of the licensed occupation.
137	137	108 (6) If the licensing authority decides that the professional or occupational license should
138	138	109not be granted, the licensing authority may provide an alternative advisory opinion, in which the
139	139	110licensing authority may advise the petitioner of actions the petitioner may take to remedy the
140	140	111disqualification. 7 of 18
141	141	112 (7) If advised by the licensing authority of remedial actions, the petitioner may submit a
142	142	113revised petition reflecting completion of the remedial actions before a deadline set by the
143	143	114licensing authority in the alternative advisory decision.
144	144	115 (8) The petitioner may appeal the licensing authority’s decision as provided in section
145	145	116176.
146	146	117 (9) The petitioner may submit a new petition to the licensing authority not sooner than 1
147	147	118year following a final judgment on the initial petition or upon obtaining the required personal
148	148	119qualifications.
149	149	120 (h)(1) An ambiguity in a professional or occupational regulation relating to a licensing
150	150	121authority’s use of an individual’s criminal record shall be resolved in the favor of the individual.
151	151	122 (2) Notwithstanding any general or special law to the contrary, a licensing authority shall
152	152	123not use vague terms in its consideration and decision making, including:
153	153	124 (i) good moral character;
154	154	125 (ii) moral turpitude; or
155	155	126 (iii) character and fitness.
156	156	127 (i) Nothing in this section shall be construed to change a licensing authority’s ability to
157	157	128enforce other conditions of professional and occupational licenses, including the personal
158	158	129qualifications required to obtain recognition or compliance with other regulations.
159	159	130 (j)(1) Each licensing authority shall annually report to the division of professional
160	160	131licensure, or the department under which the licensing authority sits: 8 of 18
161	161	132 (i) the number of times that each licensing authority acted to deny, diminish, suspend,
162	162	133revoke, withhold or otherwise limit state recognition for a license because of an individual’s
163	163	134criminal record;
164	164	135 (ii) the criminal convictions that were the subject of each licensing authority action
165	165	136described in clause (i);
166	166	137 (iii) the number of applicants petitioning each licensing authority pursuant to subsection
167	167	138(e);
168	168	139 (iv) the criminal convictions that were the subject of each approval or denial of a petition
169	169	140pursuant to subsection (e); and
170	170	141 (v) other relevant data as determined by the division of professional licensure or the
171	171	142department under which the licensing authority sits.
172	172	143 (2) The division of professional licensure or department governing the licensing body
173	173	144shall annually compile and publish a report on a searchable public website summarizing data
174	174	145reported in paragraph (1).
175	175	146 Section 172N ½. There shall be a commission on background record requirements for
176	176	147professional licensure consisting of 11 members: the commissioner of professional licensure or a
177	177	148designee, who shall serve as chair, the house and senate chairs of the joint committee on
178	178	149consumer protection and professional licensure, the executive director of the Massachusetts
179	179	150office of victim assistance or a designee, and 7 members to be appointed by the governor, 1 of
180	180	151whom shall be a representative of the Massachusetts AFL-CIO Council, Inc., 1 of whom shall be
181	181	152a representative of the Massachusetts Building Trades Council, 1 of whom shall be a 9 of 18
182	182	153representative of the NAACP Boston Branch, 1 of whom shall be a representative of a registered
183	183	154Massachusetts affiliate of the National Urban League, Inc., 1 of whom shall be a representative
184	184	155of the YMCA’s of Massachusetts, Inc., and 1 of whom shall be a representative of the Greater
185	185	156Boston Legal Services, Inc..
186	186	157 The commission shall advise the division of professional licensure and licensing
187	187	158authorities, as defined in section 172N, to provide recommendations for background record
188	188	159requirements for each professional and occupational license granted within the commonwealth.
189	189	160Background record requirements developed by the commission shall not be designed to eliminate
190	190	161certain licenses, nor to develop or recommend that the division of professional licensure create
191	191	162new licenses or additional requirements for licenses.
192	192	163 SECTION 4. Section 2 of chapter 112 of the General Laws, as appearing in the 2018
193	193	164Official Edition, is hereby amended by striking out, in line 5, the words “of good moral
194	194	165character” and inserting in place thereof the following words:- lacks a criminal record or history
195	195	166of disqualifying convictions that is directly related to the practice and duties of a physician
196	196	167pursuant to section 172N.
197	197	168 SECTION 5. Section 18 of said chapter 112, as so appearing, is hereby amended by
198	198	169striking out, in lines 1 and 2, the words “shall refuse to issue a certificate to a person, or”.
199	199	170 SECTION 6. Said section 18 of said chapter 112, as so appearing, is hereby further
200	200	171amended by adding the following paragraph:- The board shall refuse to issue a certificate to a
201	201	172person who is intemperate in the use of alcoholic liquors or narcotic drugs or has a conviction by
202	202	173a court of competent jurisdiction of a crime which the board determines, pursuant to section
203	203	174172N, to be of such a nature as to render such person unfit to practice as a podiatry. 10 of 18
204	204	175 SECTION 7. Section 23B of said chapter 112, as so appearing, is hereby amended by
205	205	176striking out, in line 11, the words “is of good moral character” and inserting in place thereof the
206	206	177following words:- lacks a criminal record or history of disqualifying convictions directly related
207	207	178to the duties or practices of the occupation pursuant to section 172N.
208	208	179 SECTION 8. Section 23S of said chapter 112, as so appearing, is hereby amended by
209	209	180striking out, in lines 11 and 12, the words “is of good moral character” and inserting in place
210	210	181thereof the following words:- lacks a criminal record or history of disqualifying convictions
211	211	182directly related to the duties or practices the occupation pursuant to section 172N.
212	212	183 SECTION 9. Section 45 of said chapter 112, as so appearing, is hereby amended by
213	213	184striking out, in line 5, the words “of good moral character” and inserting in place thereof the
214	214	185following words:- lacking a criminal record or history of disqualifying convictions directly
215	215	186related to the duties or practices of dentistry pursuant to section 172N.
216	216	187 SECTION 10. Section 45A of said chapter 112, as so appearing, is hereby amended by
217	217	188striking out, in line 2, the words “of good moral character” and inserting in place thereof the
218	218	189following words:- lacking a criminal record or history of disqualifying convictions directly
219	219	190related to the duties or practices of a dentist with a limited registration to section 172N.
220	220	191 SECTION 11. Section 45B of said chapter 112, as so appearing, is hereby amended by
221	221	192striking out, in line 2, the words “of good moral character” and inserting in place thereof the
222	222	193following words:- lacking a criminal record or history of disqualifying convictions directly
223	223	194related to the duties or practices of a temporarily registered dentist pursuant to section 172N.
224	224	195 SECTION 12. Section 51 of said chapter 112, as so appearing, is hereby amended by
225	225	196striking out, in line 1, the words “of good moral character” and inserting in place thereof the 11 of 18
226	226	197following words:- lacking a criminal record or history of disqualifying convictions directly
227	227	198related to the duties or practices of a dental hygienist pursuant to section 172N.
228	228	199 SECTION 13. Section 51½ of said chapter 112, as so appearing, is hereby amended by
229	229	200striking out, in line 3, the words “of good moral character” and inserting in place thereof the
230	230	201following words:- lacking a criminal record or history of disqualifying convictions directly
231	231	202related to the duties or practices of a dental assistant pursuant to section 172N.
232	232	203 SECTION 14. Section 55 of said chapter 112, as so appearing, is hereby amended by
233	233	204striking out, in lines 4 and 5, the words “of good moral character, and a” and inserting in place
234	234	205thereof the following words:- lacks a criminal record or history of disqualifying convictions
235	235	206directly related to the duties or practices of a veterinarian pursuant to section 172N and is a.
236	236	207 SECTION 15. Section 60B of said chapter 112, as so appearing, is hereby amended by
237	237	208striking out, in line 2, the words “of good moral character” and inserting in place thereof the
238	238	209following words:- who lacks a criminal record or history of disqualifying convictions directly
239	239	210related to the duties or practices of an architect pursuant to section 172N.
240	240	211 SECTION 16. Section 68 of said chapter 112, as so appearing, is hereby amended by
241	241	212striking out, in line 13 the words “of good moral character” and inserting in place thereof the
242	242	213following words:- lacks a criminal record or history of disqualifying convictions directly related
243	243	214to the duties or practices of an optometrist pursuant to section 172N.
244	244	215 SECTION 17. Section 73H of said chapter 112, as so appearing, is hereby amended by
245	245	216striking out, in line 8, the words “involving moral turpitude” and inserting in place thereof the
246	246	217following words:- related to the duties or practices of a dispensing optician pursuant to section
247	247	218172N. 12 of 18
248	248	219 SECTION 18. Section 74 of said chapter 112, as so appearing, hereby amended by
249	249	220striking out, in line 7 the words “he is of good moral character” and inserting in place thereof the
250	250	221following words:- the applicant lacks a criminal record or history of disqualifying convictions
251	251	222directly related to the duties or practices of a nurse pursuant to section 172N.
252	252	223 SECTION 19. Section 74A of said chapter 112, as so appearing, is hereby amended by
253	253	224striking out, in lines 5 and 6, the words “he is of good moral character and that he” and inserting
254	254	225in place thereof the following words:- the applicant lacks a criminal record or history of
255	255	226disqualifying convictions directly related to the duties or practices of a practical nurse pursuant
256	256	227to section 172N and.
257	257	228 SECTION 20. Section 76B of said chapter 112, as so appearing, is hereby amended by
258	258	229striking out, in lines 7, 20, 32, 47 and 61, the words “good moral character” and inserting in
259	259	230place thereof, in each instance, the following words:- lacking a criminal record or history of
260	260	231disqualifying convictions directly related to the duties or practices of a nurse pursuant to section
261	261	232172N.
262	262	233 SECTION 21. Section 84 of said chapter 112, as so appearing , is hereby amended by
263	263	234striking out, in line 35, the words “involving moral turpitude” and inserting in place thereof the
264	264	235following words:- that is related to the core functions of a funeral director pursuant to section
265	265	236172N
266	266	237 SECTION 22. Section 87A½ of said chapter 112, as so appearing, is hereby amended by
267	267	238striking out, in lines 43 and 44, the words “history of dishonest or felonious acts” and inserting in
268	268	239place thereof the following words:- criminal record or history of disqualifying convictions
269	269	240directly related to the duties or practices of a public accountant pursuant to section 172N. 13 of 18
270	270	241 SECTION 23. Section 87TT of said chapter 112, as so appearing, is hereby amended by
271	271	242striking out, in line 8, the words “good moral character” and inserting in place thereof, the
272	272	243following words:- a lack of criminal record or history of disqualifying convictions directly
273	273	244related to the duties or practices of real estate brokers and salesmen pursuant to section 172N.
274	274	245 SECTION 24. Said section 87TT of said chapter 112, as so appearing, is hereby further
275	275	246amended by striking out, in line 10, the words “good moral character” and inserting in place
276	276	247thereof the following words :- lack of a criminal record or history of disqualifying convictions
277	277	248pursuant to section 172N.
278	278	249 SECTION 25. The first paragraph of said section 87TT of said chapter 112, as so
279	279	250appearing, is hereby amended by striking out the last sentence.
280	280	251 SECTION 26. Section 87XX of said chapter 112, as so appearing, is hereby amended by
281	281	252inserting after the word “character”, in lines 20 and 22, in each instance, the following words:-
282	282	253pursuant to section 172N.
283	283	254 SECTION 27. Section 93 of said chapter 112, as so appearing, is hereby amended by
284	284	255striking out, in line 2, the words “involving moral turpitude” and inserting in place thereof the
285	285	256following words:- pursuant to section 172N.
286	286	257 SECTION 28. Section 101 of said chapter 112, as so appearing, is hereby amended by
287	287	258striking out, in lines 4 and 5, the words “of good moral character” and inserting in place thereof
288	288	259the following words:-lacks a criminal record or history of disqualifying convictions directly
289	289	260related to the duties or practices of a landscape architect pursuant to section 172N. 14 of 18
290	290	261 SECTION 29. Section 119 of said chapter 112, as so appearing, is hereby amended by
291	291	262striking out clause (a) and inserting in place thereof the following clause:- (a) lacks a criminal
292	292	263record or history of disqualifying convictions directly related to the duties or practices of a
293	293	264psychologist pursuant to section 172N;.
294	294	265 SECTION 30. Section 136 of said chapter 112, as so appearing, is hereby amended by
295	295	266striking out, in line 12, the words “involving moral turpitude” and inserting in place thereof the
296	296	267following words:- directly related to the duties or practices of a social worker pursuant to section
297	297	268172N.
298	298	269 SECTION 31. Section 144 of said chapter 112, as so appearing, is hereby amended by
299	299	270striking out clause (1) and inserting in place thereof the following clause:- (1) lacks a criminal
300	300	271record or history of disqualifying convictions directly related to the duties or practices of a
301	301	272speech-language pathologist or audiologist pursuant to section 172N,.
302	302	273 SECTION 32. Section 144A of said chapter 112, as so appearing, is hereby amended by
303	303	274striking out clause (1) and inserting in place thereof the following clause:- (1) lack a criminal
304	304	275record or history of disqualifying convictions directly related to the duties or practices of an
305	305	276assistant to a speech-language pathologist or audiologist pursuant to section 172N,.
306	306	277 SECTION 33. Section 152 of said chapter 112, as so appearing, is hereby amended by
307	307	278striking out clause (b) and inserting in place thereof the following clause:- (b) lack a criminal
308	308	279record or history of disqualifying convictions directly related to the duties or practices of an
309	309	280acupuncturist pursuant to section 172N,.
310	310	281 SECTION 34. Section 169 of said chapter 112, as so appearing, is hereby amended by
311	311	282striking out, in line 2, the word “deny”. 15 of 18
312	312	283 SECTION 35. Said section 169 of said chapter 112, as so appearing, is hereby further
313	313	284amended by inserting after the second paragraph the following paragraph:- The board, pursuant
314	314	285to section 172N, may deny a license due to a finding of a conviction by a court of competent
315	315	286jurisdiction of a crime related to conduct which places into question the applicant’s competence
316	316	287to provide mental health and human services, including gross misconduct in the practice of
317	317	288mental health and human services on a particular occasion or negligence on repeated occasions.
318	318	289 SECTION 36. Subsection (f) of section 197 of said chapter 112, as so appearing, is
319	319	290hereby amended by striking out clause (3) and inserting in place thereof the following clause:-
320	320	291(3) lack a criminal record or history of disqualifying convictions directly related to the duties or
321	321	292practices of hearing instrument specialists pursuant to section 172N;.
322	322	293 SECTION 37. Section 203 of said chapter 112, as so appearing, is hereby amended by
323	323	294striking out, in lines 10 and 11, the words “of good moral character” and inserting in place
324	324	295thereof the following words:- lacks a criminal record or history of disqualifying convictions
325	325	296directly related to the duties or practices of a dietitian/nutritionist pursuant to section 172N.
326	326	297 SECTION 38. The first paragraph of section 205 of said chapter 112, as so appearing, is
327	327	298hereby amended by striking out clause (d) and inserting in place thereof the following clause:-
328	328	299(d) a criminal record or
329	329	300 history of disqualifying convictions directly related to the duties or practices of dietitians
330	330	301and nutritionists pursuant to section 172N; or.
331	331	302 SECTION 39. Section 213 of said chapter 112, as so appearing, is hereby amended by
332	332	303striking out, in lines 7 and 8, the words “of good moral character” and inserting in place thereof 16 of 18
333	333	304the following words:- lacks a criminal record or history of disqualifying convictions directly
334	334	305related to the duties or practices of a perfusionist pursuant to section 172N.
335	335	306 SECTION 40. Subsection (d) of section 222 of said chapter 112, as so appearing, is
336	336	307hereby amended by striking out clause (i) and inserting in place thereof the following clause:- (i)
337	337	308lack a criminal record or history of disqualifying convictions directly related to the duties or
338	338	309practices of a home inspector pursuant to section 172N;.
339	339	310 SECTION 41. Subsection (a) of section 229 of said chapter 112, as so appearing, is
340	340	311hereby amended by striking out clause (4) and inserting in place thereof the following clause:-
341	341	312(4) he shall lack a criminal record or history of disqualifying convictions directly related to the
342	342	313duties or practices of a massage therapist pursuant to section 172N;.
343	343	314 SECTION 42. Said section 229 of said chapter 112, as so appearing, is hereby amended
344	344	315by striking out, in line 19, the words “or a crime involving moral turpitude”.
345	345	316 SECTION 43. Section 231 of said chapter 112, as so appearing, is hereby amended by
346	346	317striking out clause (3) and inserting in place thereof the following clause:- (3) lacks a history of a
347	347	318criminal record or history of disqualifying convictions directly related to the duties or practices
348	348	319of a massage therapist pursuant to section 172N;.
349	349	320 SECTION 44. Section 253 of said chapter 112, as so appearing, is hereby amended by
350	350	321striking out, in line 7, the words “of good moral character” and inserting in place thereof the
351	351	322following words:- lacks a history of a criminal record or history of disqualifying convictions
352	352	323directly related to the duties or practices of a genetic counselor pursuant to section 172N. 17 of 18
353	353	324 SECTION 45. Section 260 of said chapter 112, as so appearing, is hereby amended by
354	354	325striking out, in line 8, the words “is of good moral character” and inserting in place thereof the
355	355	326following words:- lacks a history of a criminal record or history of disqualifying convictions
356	356	327directly related to the duties or practices of a community health worker pursuant to section 172N.
357	357	328 SECTION 46. Section 269 of said chapter 112, as so appearing, is hereby amended by
358	358	329striking out, in lines 7 and 8, the words “and of good moral character” and inserting in place
359	359	330thereof the following words:- , lacks a history of a criminal record or history of disqualifying
360	360	331convictions directly related to the duties or practices of a naturopathic doctor pursuant to section
361	361	332172N.
362	362	333 SECTION 47. Subsection 9 of section 4 of chapter 151B of the General Laws, as so
363	363	334appearing, is hereby amended by inserting the following paragraphs after the last sentence:-
364	364	335 (a) An employer shall not deny employment to an individual because the person was
365	365	336convicted of one or more criminal offenses, or by reason of a finding of lack of good moral
366	366	337character or suitability, when such finding is based upon the fact that the applicant was convicted
367	367	338of one or more criminal offenses, unless:
368	368	339 (i) the nature of criminal conduct for which the person was convicted has a direct bearing
369	369	340on and affects such person’s fitness or ability to perform one or more of primary duties or
370	370	341responsibilities necessarily related to the employment sought; or
371	371	342 (ii) hiring or continued employment of the person would involve an unreasonable risk to
372	372	343property or to the safety or welfare of a specific individual or the general public. 18 of 18
373	373	344 (b) In making this determination, the employer shall undertake an individualized
374	374	345assessment of the applicant and shall consider the following factors:
375	375	346 (i) the type of work to be performed and the nature of the primary duties or
376	376	347responsibilities necessarily related to the employment sought;
377	377	348 (ii) whether the offense or offenses were recently committed, and whether the amount of
378	378	349time that has elapsed since the occurrence of the offense or offenses significantly diminishes the
379	379	350relevance of the offense or offenses;
380	380	351 (iii) the age of the person at the time of the occurrence of the criminal offense or offenses,
381	381	352including whether youth or lack of maturity related to the person’s age at the time of the offense
382	382	353is a mitigating circumstance;
383	383	354 (iv) the seriousness of the offense or offenses;
384	384	355 (v) any evidence that the person performed the same type of work after the offense or
385	385	356offenses with no known incidents of criminal conduct;
386	386	357 (vi) any evidence regarding the person’s rehabilitation, including but not limited to civic
387	387	358and community contributions, efforts at self-improvement, sobriety, education or training, and
388	388	359good conduct; and
389	389	360 (c) An employer shall, at the time of denial of employment, provide the applicant or
390	390	361employee with a written statement that sets forth specific reasons for the denial.