Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2451 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2536 FILED ON: 3/27/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2451
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
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 :Cynthia Stone CreemNorfolk and MiddlesexLiz MirandaSecond Suffolk3/28/2023Estela A. Reyes4th Essex4/26/2023 1 of 18
16	16	SENATE DOCKET, NO. 2536 FILED ON: 3/27/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2451
18	18	By Ms. Creem, a petition (accompanied by bill) (subject to Joint Rule 12) of Cynthia Stone
19	19	Creem, Liz Miranda and Estela A. Reyes for legislation to further regulate professional and
20	20	occupational licensing. Consumer Protection and Professional Licensure.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to increasing opportunities for employment in professional licensure.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 172 of chapter 6 of the General Laws, as appearing in the 2018
30	30	2Official Edition, is hereby amended by inserting, after the word “entity”, in line 27, the following
31	31	3words:- , subject to section 172N.
32	32	4 SECTION 2. Said chapter 6 is hereby amended by striking out section 172N, as so
33	33	5appearing, and inserting in place thereof the following 2 sections:-
34	34	6 Section 172N. (a) For the purposes of this section, “licensing authority” shall include any
35	35	7agency, examining board, credentialing board or other office or commission, including boards
36	36	8supervised by the commissioner of professional licensure, with the authority to impose
37	37	9occupational fees or licensing requirements on a profession.
38	38	10 (b) Notwithstanding any other provision of law, a licensing authority shall not
39	39	11automatically bar an individual from a professional or occupational license because of a criminal
40	40	12record. A licensing authority shall provide individualized consideration of an individual’s 2 of 18
41	41	13circumstances as described in subsections (d) and (e) to deny, diminish, suspend, revoke,
42	42	14withhold or otherwise limit a professional or occupational license.
43	43	15 (c) Notwithstanding any general or special law to the contrary, a licensing authority shall
44	44	16not consider, nor require an individual to disclose:
45	45	17 (1) a deferred adjudication, including but not limited to a continuance without a finding,
46	46	18participation in a diversion program or an arrest not followed by a conviction;
47	47	19 (2) a conviction for which no sentence of incarceration may be imposed;
48	48	20 (3) a conviction that has been sealed, annulled, dismissed, vacated, set aside, expunged or
49	49	21pardoned;
50	50	22 (4) a juvenile adjudication;
51	51	23 (5) a non-violent misdemeanor;
52	52	24 (6) a conviction that occurred more than 3 years prior to the date of the licensing
53	53	25authority’s consideration or where the individual’s incarceration ended more than 3 years before
54	54	26the date of the licensing authority’s consideration, except for a conviction of:
55	55	27 (i) a crime punishable by imprisonment for a term exceeding 2 and a half years, or any
56	56	28act of juvenile delinquency involving the use or possession of a deadly weapon that would be
57	57	29punishable by imprisonment for such term if committed by an adult, that (A) has as an element
58	58	30involving the use, attempted use or threatened use of physical force or a deadly weapon against
59	59	31the person of another; (B) is burglary, extortion, arson or kidnapping; (C) involves the use of
60	60	32explosives; or (D) resulted in death, bodily injury, or serious bodily injury with malice
61	61	33aforethought; 3 of 18
62	62	34 (ii) a felony related to a sex offense, a sex offense involving a child or a sexually violent
63	63	35offense as defined in section 178C; or
64	64	36 (iii) a felony related to criminal fraud pursuant to section 1 of chapter 267 or
65	65	37embezzlement pursuant to chapter 266.
66	66	38 (d)(1) A licensing authority may deny, diminish, suspend, revoke, withhold or otherwise
67	67	39limit a professional or occupational license only if the licensing authority determines, by clear
68	68	40and convincing evidence, that:
69	69	41 (i) First, an individual’s non-excluded criminal record directly relates to the duties and
70	70	42responsibilities of the profession or occupation.
71	71	43 (ii) Second, if an individual’s non-excluded criminal record is directly related to the
72	72	44duties and responsibilities of the profession or occupation, the licensing authority must then
73	73	45determine if the interest of the licensing authority in protecting the public, an individual or
74	74	46property from harm outweighs the individual’s right to hold the professional or occupational
75	75	47license.
76	76	48 (iii) Third, if the licensing authority determines that the interest in protecting the public,
77	77	49an individual or property from harm outweighs the individual’s right to hold the professional or
78	78	50occupational license, then the licensing authority shall determine if the applicant has failed to be
79	79	51rehabilitated.
80	80	52 (2) The licensing authority shall bear the burden of proof to establish evidence of clauses
81	81	53(i) to (iii), inclusive. 4 of 18
82	82	54 (e) If the applicant’s criminal record is directly related to the performance, duties,
83	83	55responsibilities, practices or functions of the profession, the licensing authority shall consider the
84	84	56following factors, in a light most favorable to the applicant, to demonstrate evidence of
85	85	57rehabilitation:
86	86	58 (1) the age of the individual at the time of the offense;
87	87	59 (2) the length of time since the offense;
88	88	60 (3) the completion of a criminal sentence, not including financial obligations;
89	89	61 (4) a certificate of rehabilitation, restoration of rights or good conduct;
90	90	62 (5) completion of, or active participation in, rehabilitative drug or alcohol treatment or
91	91	63similar programs;
92	92	64 (6) testimonials and recommendations, including, but not limited to, progress reports
93	93	65from the individual’s probation or parole officer;
94	94	66 (7) other evidence of rehabilitation;
95	95	67 (8) education and training;
96	96	68 (9) employment history;
97	97	69 (10) the individual’s responsibilities, including civic and community engagement or
98	98	70family contributions;
99	99	71 (11) whether the individual will be bonded in the occupation; and 5 of 18
100	100	72 (12) other information that the individual submitted to the licensing authority including
101	101	73mitigating circumstances.
102	102	74 (f) The licensing authority shall make its decision using the criteria and process described
103	103	75in subsections (b) to (e), inclusive. The licensing authority shall issue and send a decision to the
104	104	76applicant on the petition not later than 60 days after the licensing authority receives the petition
105	105	77or, if a hearing is held, not later than 90 days after the licensing authority receives the petition.
106	106	78The decision shall be made in writing and include a copy of any criminal record report that the
107	107	79licensing authority reviewed. If the licensing authority determines that an occupational or
108	108	80professional license should not be granted because of the criminal conviction of an applicant, the
109	109	81decision shall set forth the reasons for the determination which shall address each of the factors
110	110	82in subsection (e) that the licensing authority deemed relevant to the determination.
111	111	83 (g)(1) An individual with a criminal record may petition a licensing authority at any time,
112	112	84including before obtaining any required personal qualifications or applying for a license, for a
113	113	85decision as to whether the individual’s criminal record is directly related to the profession and
114	114	86that criminal record would disqualify the individual from obtaining a professional or
115	115	87occupational license. The licensing authority may charge a fee to the petitioner to recoup costs
116	116	88related to the petition, not to exceed $100 for each petition. If the petitioner’s income is at or
117	117	89below 250 per cent of the federal poverty level used to determine indigency by the trial court of
118	118	90the commonwealth, the fee shall be waived.
119	119	91 (2) The petitioner shall include in the petition an authorization for the licensing authority
120	120	92to obtain the petitioner’s criminal record. 6 of 18
121	121	93 (3) The licensing authority will make its decision using the criteria and process in
122	122	94subsections (b) to (e), inclusive.
123	123	95 (4) The licensing authority shall issue and send a decision on the petition to the petitioner
124	124	96not later than 60 days after the licensing authority receives the petition or, if a hearing is held, not
125	125	97later than 90 days after the licensing authority receives the petition. The decision shall be made
126	126	98in writing, include a copy of any criminal record report that the licensing authority reviewed and,
127	127	99if the licensing authority determines that an occupational license should not be granted because
128	128	100of the petitioner’s criminal record, a description that details with specificity how the petitioner’s
129	129	101criminal record is directly and specifically related to the performance, duties, responsibilities,
130	130	102practices or functions of the profession.
131	131	103 (5) A decision that the licensing authority should grant the application under certain
132	132	104conditions is binding on the licensing authority in any later ruling on the petitioner’s professional
133	133	105or occupational license unless there is a change in the petitioner’s criminal record that is directly
134	134	106related to the duties or responsibilities of the licensed occupation.
135	135	107 (6) If the licensing authority decides that the professional or occupational license should
136	136	108not be granted, the licensing authority may provide an alternative advisory opinion, in which the
137	137	109licensing authority may advise the petitioner of actions the petitioner may take to remedy the
138	138	110disqualification.
139	139	111 (7) If advised by the licensing authority of remedial actions, the petitioner may submit a
140	140	112revised petition reflecting completion of the remedial actions before a deadline set by the
141	141	113licensing authority in the alternative advisory decision. 7 of 18
142	142	114 (8) The petitioner may appeal the licensing authority’s decision as provided in section
143	143	115176.
144	144	116 (9) The petitioner may submit a new petition to the licensing authority not sooner than 1
145	145	117year following a final judgment on the initial petition or upon obtaining the required personal
146	146	118qualifications.
147	147	119 (h)(1) An ambiguity in a professional or occupational regulation relating to a licensing
148	148	120authority’s use of an individual’s criminal record shall be resolved in the favor of the individual.
149	149	121 (2) Notwithstanding any general or special law to the contrary, a licensing authority shall
150	150	122not use vague terms in its consideration and decision making, including:
151	151	123 (i) good moral character;
152	152	124 (ii) moral turpitude; or
153	153	125 (iii) character and fitness.
154	154	126 (i) Nothing in this section shall be construed to change a licensing authority’s ability to
155	155	127enforce other conditions of professional and occupational licenses, including the personal
156	156	128qualifications required to obtain recognition or compliance with other regulations.
157	157	129 (j)(1) Each licensing authority shall annually report to the division of professional
158	158	130licensure, or the department under which the licensing authority sits:
159	159	131 (i) the number of times that each licensing authority acted to deny, diminish, suspend,
160	160	132revoke, withhold or otherwise limit state recognition for a license because of an individual’s
161	161	133criminal record; 8 of 18
162	162	134 (ii) the criminal convictions that were the subject of each licensing authority action
163	163	135described in clause (i);
164	164	136 (iii) the number of applicants petitioning each licensing authority pursuant to subsection
165	165	137(e);
166	166	138 (iv) the criminal convictions that were the subject of each approval or denial of a petition
167	167	139pursuant to subsection (e); and
168	168	140 (v) other relevant data as determined by the division of professional licensure or the
169	169	141department under which the licensing authority sits.
170	170	142 (2) The division of professional licensure or department governing the licensing body
171	171	143shall annually compile and publish a report on a searchable public website summarizing data
172	172	144reported in paragraph (1).
173	173	145 Section 172N ½. There shall be a commission on background record requirements for
174	174	146professional licensure consisting of 11 members: the commissioner of professional licensure or a
175	175	147designee, who shall serve as chair, the house and senate chairs of the joint committee on
176	176	148consumer protection and professional licensure, the executive director of the Massachusetts
177	177	149office of victim assistance or a designee, and 7 members to be appointed by the governor, 1 of
178	178	150whom shall be a representative of the Massachusetts AFL-CIO Council, Inc., 1 of whom shall be
179	179	151a representative of the Massachusetts Building Trades Council, 1 of whom shall be a
180	180	152representative of the NAACP Boston Branch, 1 of whom shall be a representative of a registered
181	181	153Massachusetts affiliate of the National Urban League, Inc., 1 of whom shall be a representative
182	182	154of the YMCA’s of Massachusetts, Inc., and 1 of whom shall be a representative of the Greater
183	183	155Boston Legal Services, Inc. 9 of 18
184	184	156 The commission shall advise the division of professional licensure and licensing
185	185	157authorities, as defined in section 172N, to provide recommendations for background record
186	186	158requirements for each professional and occupational license granted within the commonwealth.
187	187	159Background record requirements developed by the commission shall not be designed to eliminate
188	188	160certain licenses, nor to develop or recommend that the division of professional licensure create
189	189	161new licenses or additional requirements for licenses.
190	190	162 SECTION 4. Section 2 of chapter 112 of the General Laws, as appearing in the 2018
191	191	163Official Edition, is hereby amended by striking out, in line 5, the words “of good moral
192	192	164character” and inserting in place thereof the following words:- lacks a criminal record or history
193	193	165of disqualifying convictions that is directly related to the practice and duties of a physician
194	194	166pursuant to section 172N.
195	195	167 SECTION 5. Section 18 of said chapter 112, as so appearing, is hereby amended by
196	196	168striking out, in lines 1 and 2, the words “shall refuse to issue a certificate to a person, or”.
197	197	169 SECTION 6. Said section 18 of said chapter 112, as so appearing, is hereby further
198	198	170amended by adding the following paragraph:- The board shall refuse to issue a certificate to a
199	199	171person who is intemperate in the use of alcoholic liquors or narcotic drugs or has a conviction by
200	200	172a court of competent jurisdiction of a crime which the board determines, pursuant to section
201	201	173172N, to be of such a nature as to render such person unfit to practice as a podiatry.
202	202	174 SECTION 7. Section 23B of said chapter 112, as so appearing, is hereby amended by
203	203	175striking out, in line 11, the words “is of good moral character” and inserting in place thereof the
204	204	176following words:- lacks a criminal record or history of disqualifying convictions directly related
205	205	177to the duties or practices of the occupation pursuant to section 172N. 10 of 18
206	206	178 SECTION 8. Section 23S of said chapter 112, as so appearing, is hereby amended by
207	207	179striking out, in lines 11 and 12, the words “is of good moral character” and inserting in place
208	208	180thereof the following words:- lacks a criminal record or history of disqualifying convictions
209	209	181directly related to the duties or practices the occupation pursuant to section 172N.
210	210	182 SECTION 9. Section 45 of said chapter 112, as so appearing, is hereby amended by
211	211	183striking out, in line 5, the words “of good moral character” and inserting in place thereof the
212	212	184following words:- lacking a criminal record or history of disqualifying convictions directly
213	213	185related to the duties or practices of dentistry pursuant to section 172N.
214	214	186 SECTION 10. Section 45A of said chapter 112, as so appearing, is hereby amended by
215	215	187striking out, in line 2, the words “of good moral character” and inserting in place thereof the
216	216	188following words:- lacking a criminal record or history of disqualifying convictions directly
217	217	189related to the duties or practices of a dentist with a limited registration to section 172N.
218	218	190 SECTION 11. Section 45B of said chapter 112, as so appearing, is hereby amended by
219	219	191striking out, in line 2, the words “of good moral character” and inserting in place thereof the
220	220	192following words:- lacking a criminal record or history of disqualifying convictions directly
221	221	193related to the duties or practices of a temporarily registered dentist pursuant to section 172N.
222	222	194 SECTION 12. Section 51 of said chapter 112, as so appearing, is hereby amended by
223	223	195striking out, in line 1, the words “of good moral character” and inserting in place thereof the
224	224	196following words:- lacking a criminal record or history of disqualifying convictions directly
225	225	197related to the duties or practices of a dental hygienist pursuant to section 172N.
226	226	198 SECTION 13. Section 51½ of said chapter 112, as so appearing, is hereby amended by
227	227	199striking out, in line 3, the words “of good moral character” and inserting in place thereof the 11 of 18
228	228	200following words:- lacking a criminal record or history of disqualifying convictions directly
229	229	201related to the duties or practices of a dental assistant pursuant to section 172N.
230	230	202 SECTION 14. Section 55 of said chapter 112, as so appearing, is hereby amended by
231	231	203striking out, in lines 4 and 5, the words “of good moral character, and a” and inserting in place
232	232	204thereof the following words:- lacks a criminal record or history of disqualifying convictions
233	233	205directly related to the duties or practices of a veterinarian pursuant to section 172N and is a.
234	234	206 SECTION 15. Section 60B of said chapter 112, as so appearing, is hereby amended by
235	235	207striking out, in line 2, the words “of good moral character” and inserting in place thereof the
236	236	208following words:- who lacks a criminal record or history of disqualifying convictions directly
237	237	209related to the duties or practices of an architect pursuant to section 172N.
238	238	210 SECTION 16. Section 68 of said chapter 112, as so appearing, is hereby amended by
239	239	211striking out, in line 13 the words “of good moral character” and inserting in place thereof the
240	240	212following words:- lacks a criminal record or history of disqualifying convictions directly related
241	241	213to the duties or practices of an optometrist pursuant to section 172N.
242	242	214 SECTION 17. Section 73H of said chapter 112, as so appearing, is hereby amended by
243	243	215striking out, in line 8, the words “involving moral turpitude” and inserting in place thereof the
244	244	216following words:- related to the duties or practices of a dispensing optician pursuant to section
245	245	217172N.
246	246	218 SECTION 18. Section 74 of said chapter 112, as so appearing, hereby amended by
247	247	219striking out, in line 7 the words “he is of good moral character” and inserting in place thereof the
248	248	220following words:- the applicant lacks a criminal record or history of disqualifying convictions
249	249	221directly related to the duties or practices of a nurse pursuant to section 172N. 12 of 18
250	250	222 SECTION 19. Section 74A of said chapter 112, as so appearing, is hereby amended by
251	251	223striking out, in lines 5 and 6, the words “he is of good moral character and that he” and inserting
252	252	224in place thereof the following words:- the applicant lacks a criminal record or history of
253	253	225disqualifying convictions directly related to the duties or practices of a practical nurse pursuant
254	254	226to section 172N and.
255	255	227 SECTION 20. Section 76B of said chapter 112, as so appearing, is hereby amended by
256	256	228striking out, in lines 7, 20, 32, 47 and 61, the words “good moral character” and inserting in
257	257	229place thereof, in each instance, the following words:- lacking a criminal record or history of
258	258	230disqualifying convictions directly related to the duties or practices of a nurse pursuant to section
259	259	231172N.
260	260	232 SECTION 21. Section 84 of said chapter 112, as so appearing, is hereby amended by
261	261	233striking out, in line 35, the words “involving moral turpitude” and inserting in place thereof the
262	262	234following words:- that is related to the core functions of a funeral director pursuant to section
263	263	235172N
264	264	236 SECTION 22. Section 87A½ of said chapter 112, as so appearing, is hereby amended by
265	265	237striking out, in lines 43 and 44, the words “history of dishonest or felonious acts” and inserting in
266	266	238place thereof the following words:- criminal record or history of disqualifying convictions
267	267	239directly related to the duties or practices of a public accountant pursuant to section 172N.
268	268	240 SECTION 23. Section 87TT of said chapter 112, as so appearing, is hereby amended by
269	269	241striking out, in line 8, the words “good moral character” and inserting in place thereof, the
270	270	242following words:- a lack of criminal record or history of disqualifying convictions directly
271	271	243related to the duties or practices of real estate brokers and salesmen pursuant to section 172N. 13 of 18
272	272	244 SECTION 24. Said section 87TT of said chapter 112, as so appearing, is hereby further
273	273	245amended by striking out, in line 10, the words “good moral character” and inserting in place
274	274	246thereof the following words:- lack of a criminal record or history of disqualifying convictions
275	275	247pursuant to section 172N.
276	276	248 SECTION 25. The first paragraph of said section 87TT of said chapter 112, as so
277	277	249appearing, is hereby amended by striking out the last sentence.
278	278	250 SECTION 26. Section 87XX of said chapter 112, as so appearing, is hereby amended by
279	279	251inserting after the word “character”, in lines 20 and 22, in each instance, the following words:-
280	280	252pursuant to section 172N.
281	281	253 SECTION 27. Section 93 of said chapter 112, as so appearing, is hereby amended by
282	282	254striking out, in line 2, the words “involving moral turpitude” and inserting in place thereof the
283	283	255following words:- pursuant to section 172N.
284	284	256 SECTION 28. Section 101 of said chapter 112, as so appearing, is hereby amended by
285	285	257striking out, in lines 4 and 5, the words “of good moral character” and inserting in place thereof
286	286	258the following words:-lacks a criminal record or history of disqualifying convictions directly
287	287	259related to the duties or practices of a landscape architect pursuant to section 172N.
288	288	260 SECTION 29. Section 119 of said chapter 112, as so appearing, is hereby amended by
289	289	261striking out clause (a) and inserting in place thereof the following clause:- (a) lacks a criminal
290	290	262record or history of disqualifying convictions directly related to the duties or practices of a
291	291	263psychologist pursuant to section 172N. 14 of 18
292	292	264 SECTION 30. Section 136 of said chapter 112, as so appearing, is hereby amended by
293	293	265striking out, in line 12, the words “involving moral turpitude” and inserting in place thereof the
294	294	266following words:- directly related to the duties or practices of a social worker pursuant to section
295	295	267172N.
296	296	268 SECTION 31. Section 144 of said chapter 112, as so appearing, is hereby amended by
297	297	269striking out clause (1) and inserting in place thereof the following clause:- (1) lacks a criminal
298	298	270record or history of disqualifying convictions directly related to the duties or practices of a
299	299	271speech-language pathologist or audiologist pursuant to section 172N.
300	300	272 SECTION 32. Section 144A of said chapter 112, as so appearing, is hereby amended by
301	301	273striking out clause (1) and inserting in place thereof the following clause:- (1) lack a criminal
302	302	274record or history of disqualifying convictions directly related to the duties or practices of an
303	303	275assistant to a speech-language pathologist or audiologist pursuant to section 172N.
304	304	276 SECTION 33. Section 152 of said chapter 112, as so appearing, is hereby amended by
305	305	277striking out clause (b) and inserting in place thereof the following clause:- (b) lack a criminal
306	306	278record or history of disqualifying convictions directly related to the duties or practices of an
307	307	279acupuncturist pursuant to section 172N.
308	308	280 SECTION 34. Section 169 of said chapter 112, as so appearing, is hereby amended by
309	309	281striking out, in line 2, the word “deny”.
310	310	282 SECTION 35. Said section 169 of said chapter 112, as so appearing, is hereby further
311	311	283amended by inserting after the second paragraph the following paragraph:- The board, pursuant
312	312	284to section 172N, may deny a license due to a finding of a conviction by a court of competent
313	313	285jurisdiction of a crime related to conduct which places into question the applicant’s competence 15 of 18
314	314	286to provide mental health and human services, including gross misconduct in the practice of
315	315	287mental health and human services on a particular occasion or negligence on repeated occasions.
316	316	288 SECTION 36. Subsection (f) of section 197 of said chapter 112, as so appearing, is
317	317	289hereby amended by striking out clause (3) and inserting in place thereof the following clause:-
318	318	290(3) lack a criminal record or history of disqualifying convictions directly related to the duties or
319	319	291practices of hearing instrument specialists pursuant to section 172N;.
320	320	292 SECTION 37. Section 203 of said chapter 112, as so appearing, is hereby amended by
321	321	293striking out, in lines 10 and 11, the words “of good moral character” and inserting in place
322	322	294thereof the following words:- lacks a criminal record or history of disqualifying convictions
323	323	295directly related to the duties or practices of a dietitian/nutritionist pursuant to section 172N.
324	324	296 SECTION 38. The first paragraph of section 205 of said chapter 112, as so appearing, is
325	325	297hereby amended by striking out clause (d) and inserting in place thereof the following clause:-
326	326	298(d) a criminal record or history of disqualifying convictions directly related to the duties or
327	327	299practices of dietitians and nutritionists pursuant to section 172N; or.
328	328	300 SECTION 39. Section 213 of said chapter 112, as so appearing, is hereby amended by
329	329	301striking out, in lines 7 and 8, the words “of good moral character” and inserting in place thereof
330	330	302the following words:- lacks a criminal record or history of disqualifying convictions directly
331	331	303related to the duties or practices of a perfusionist pursuant to section 172N.
332	332	304 SECTION 40. Subsection (d) of section 222 of said chapter 112, as so appearing, is
333	333	305hereby amended by striking out clause (i) and inserting in place thereof the following clause:- (i)
334	334	306lack a criminal record or history of disqualifying convictions directly related to the duties or
335	335	307practices of a home inspector pursuant to section 172N;. 16 of 18
336	336	308 SECTION 41. Subsection (a) of section 229 of said chapter 112, as so appearing, is
337	337	309hereby amended by striking out clause (4) and inserting in place thereof the following clause:-
338	338	310(4) he shall lack a criminal record or history of disqualifying convictions directly related to the
339	339	311duties or practices of a massage therapist pursuant to section 172N;.
340	340	312 SECTION 42. Said section 229 of said chapter 112, as so appearing, is hereby amended
341	341	313by striking out, in line 19, the words “or a crime involving moral turpitude”.
342	342	314 SECTION 43. Section 231 of said chapter 112, as so appearing, is hereby amended by
343	343	315striking out clause (3) and inserting in place thereof the following clause:- (3) lacks a history of a
344	344	316criminal record or history of disqualifying convictions directly related to the duties or practices
345	345	317of a massage therapist pursuant to section 172N;.
346	346	318 SECTION 44. Section 253 of said chapter 112, as so appearing, is hereby amended by
347	347	319striking out, in line 7, the words “of good moral character” and inserting in place thereof the
348	348	320following words:- lacks a history of a criminal record or history of disqualifying convictions
349	349	321directly related to the duties or practices of a genetic counselor pursuant to section 172N.
350	350	322 SECTION 45. Section 260 of said chapter 112, as so appearing, is hereby amended by
351	351	323striking out, in line 8, the words “is of good moral character” and inserting in place thereof the
352	352	324following words:- lacks a history of a criminal record or history of disqualifying convictions
353	353	325directly related to the duties or practices of a community health worker pursuant to section 172N.
354	354	326 SECTION 46. Section 269 of said chapter 112, as so appearing, is hereby amended by
355	355	327striking out, in lines 7 and 8, the words “and of good moral character” and inserting in place
356	356	328thereof the following words:- , lacks a history of a criminal record or history of disqualifying 17 of 18
357	357	329convictions directly related to the duties or practices of a naturopathic doctor pursuant to section
358	358	330172N.
359	359	331 SECTION 47. Subsection 9 of section 4 of chapter 151B of the General Laws, as so
360	360	332appearing, is hereby amended by inserting the following paragraphs after the last sentence:-
361	361	333 (a) An employer shall not deny employment to an individual because the person was
362	362	334convicted of one or more criminal offenses, or by reason of a finding of lack of good moral
363	363	335character or suitability, when such finding is based upon the fact that the applicant was convicted
364	364	336of one or more criminal offenses, unless:
365	365	337 (i) the nature of criminal conduct for which the person was convicted has a direct bearing
366	366	338on and affects such person’s fitness or ability to perform one or more of primary duties or
367	367	339responsibilities necessarily related to the employment sought; or
368	368	340 (ii) hiring or continued employment of the person would involve an unreasonable risk to
369	369	341property or to the safety or welfare of a specific individual or the general public.
370	370	342 (b) In making this determination, the employer shall undertake an individualized
371	371	343assessment of the applicant and shall consider the following factors:
372	372	344 (i) the type of work to be performed and the nature of the primary duties or
373	373	345responsibilities necessarily related to the employment sought;
374	374	346 (ii) whether the offense or offenses were recently committed, and whether the amount of
375	375	347time that has elapsed since the occurrence of the offense or offenses significantly diminishes the
376	376	348relevance of the offense or offenses; 18 of 18
377	377	349 (iii) the age of the person at the time of the occurrence of the criminal offense or offenses,
378	378	350including whether youth or lack of maturity related to the person’s age at the time of the offense
379	379	351is a mitigating circumstance;
380	380	352 (iv) the seriousness of the offense or offenses;
381	381	353 (v) any evidence that the person performed the same type of work after the offense or
382	382	354offenses with no known incidents of criminal conduct;
383	383	355 (vi) any evidence regarding the person’s rehabilitation, including but not limited to civic
384	384	356and community contributions, efforts at self-improvement, sobriety, education or training, and
385	385	357good conduct; and
386	386	358 (c) An employer shall, at the time of denial of employment, provide the applicant or
387	387	359employee with a written statement that sets forth specific reasons for the denial.