Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S198 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. 635 FILED ON: 1/14/2025
3	3	SENATE . . . . . . . . . . . . . . No. 198
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 Middlesex 1 of 18
16	16	SENATE DOCKET, NO. 635 FILED ON: 1/14/2025
17	17	SENATE . . . . . . . . . . . . . . No. 198
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 198) of Cynthia Stone Creem for
19	19	legislation to further regulate professional and occupational licensing. Consumer Protection and
20	20	Professional Licensure.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 2451 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to increasing opportunities for employment in professional licensure.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 172 of chapter 6 of the General Laws, as appearing in the 2022
32	32	2Official Edition, is hereby amended by inserting, after the word “entity”, in line 27, the following
33	33	3words:- , subject to section 172N.
34	34	4 SECTION 2. Said chapter 6 is hereby amended by striking out section 172N, as so
35	35	5appearing, and inserting in place thereof the following 2 sections:-
36	36	6 Section 172N. (a) For the purposes of this section, “licensing authority” shall include any
37	37	7agency, examining board, credentialing board or other office or commission, including boards
38	38	8supervised by the commissioner of professional licensure, with the authority to impose
39	39	9occupational fees or licensing requirements on a profession. 2 of 18
40	40	10 (b) Notwithstanding any other provision of law, a licensing authority shall not
41	41	11automatically bar an individual from a professional or occupational license because of a criminal
42	42	12record. A licensing authority shall provide individualized consideration of an individual’s
43	43	13circumstances as described in subsections (d) and (e) to deny, diminish, suspend, revoke,
44	44	14withhold or otherwise limit a professional or occupational license.
45	45	15 (c) Notwithstanding any general or special law to the contrary, a licensing authority shall
46	46	16not consider, nor require an individual to disclose:
47	47	17 (1) a deferred adjudication, including but not limited to a continuance without a finding,
48	48	18participation in a diversion program or an arrest not followed by a conviction;
49	49	19 (2) a conviction for which no sentence of incarceration may be imposed;
50	50	20 (3) a conviction that has been sealed, annulled, dismissed, vacated, set aside, expunged or
51	51	21pardoned;
52	52	22 (4) a juvenile adjudication;
53	53	23 (5) a non-violent misdemeanor;
54	54	24 (6) a conviction that occurred more than 3 years prior to the date of the licensing
55	55	25authority’s consideration or where the individual’s incarceration ended more than 3 years before
56	56	26the date of the licensing authority’s consideration, except for a conviction of:
57	57	27 (i) a crime punishable by imprisonment for a term exceeding 2 and a half years, or any
58	58	28act of juvenile delinquency involving the use or possession of a deadly weapon that would be
59	59	29punishable by imprisonment for such term if committed by an adult, that (A) has as an element
60	60	30involving the use, attempted use or threatened use of physical force or a deadly weapon against 3 of 18
61	61	31the person of another; (B) is burglary, extortion, arson or kidnapping; (C) involves the use of
62	62	32explosives; or (D) resulted in death, bodily injury, or serious bodily injury with malice
63	63	33aforethought;
64	64	34 (ii) a felony related to a sex offense, a sex offense involving a child or a sexually violent
65	65	35offense as defined in section 178C; or
66	66	36 (iii) a felony related to criminal fraud pursuant to section 1 of chapter 267 or
67	67	37embezzlement pursuant to chapter 266.
68	68	38 (d)(1) A licensing authority may deny, diminish, suspend, revoke, withhold or otherwise
69	69	39limit a professional or occupational license only if the licensing authority determines, by clear
70	70	40and convincing evidence, that:
71	71	41 (i) First, an individual’s non-excluded criminal record directly relates to the duties and
72	72	42responsibilities of the profession or occupation.
73	73	43 (ii) Second, if an individual’s non-excluded criminal record is directly related to the
74	74	44duties and responsibilities of the profession or occupation, the licensing authority must then
75	75	45determine if the interest of the licensing authority in protecting the public, an individual or
76	76	46property from harm outweighs the individual’s right to hold the professional or occupational
77	77	47license.
78	78	48 (iii) Third, if the licensing authority determines that the interest in protecting the public,
79	79	49an individual or property from harm outweighs the individual’s right to hold the professional or
80	80	50occupational license, then the licensing authority shall determine if the applicant has failed to be
81	81	51rehabilitated. 4 of 18
82	82	52 (2) The licensing authority shall bear the burden of proof to establish evidence of clauses
83	83	53(i) to (iii), inclusive.
84	84	54 (e) If the applicant’s criminal record is directly related to the performance, duties,
85	85	55responsibilities, practices or functions of the profession, the licensing authority shall consider the
86	86	56following factors, in a light most favorable to the applicant, to demonstrate evidence of
87	87	57rehabilitation:
88	88	58 (1) the age of the individual at the time of the offense;
89	89	59 (2) the length of time since the offense;
90	90	60 (3) the completion of a criminal sentence, not including financial obligations;
91	91	61 (4) a certificate of rehabilitation, restoration of rights or good conduct;
92	92	62 (5) completion of, or active participation in, rehabilitative drug or alcohol treatment or
93	93	63similar programs;
94	94	64 (6) testimonials and recommendations, including, but not limited to, progress reports
95	95	65from the individual’s probation or parole officer;
96	96	66 (7) other evidence of rehabilitation;
97	97	67 (8) education and training;
98	98	68 (9) employment history;
99	99	69 (10) the individual’s responsibilities, including civic and community engagement or
100	100	70family contributions; 5 of 18
101	101	71 (11) whether the individual will be bonded in the occupation; and
102	102	72 (12) other information that the individual submitted to the licensing authority including
103	103	73mitigating circumstances.
104	104	74 (f) The licensing authority shall make its decision using the criteria and process described
105	105	75in subsections (b) to (e), inclusive. The licensing authority shall issue and send a decision to the
106	106	76applicant on the petition not later than 60 days after the licensing authority receives the petition
107	107	77or, if a hearing is held, not later than 90 days after the licensing authority receives the petition.
108	108	78The decision shall be made in writing and include a copy of any criminal record report that the
109	109	79licensing authority reviewed. If the licensing authority determines that an occupational or
110	110	80professional license should not be granted because of the criminal conviction of an applicant, the
111	111	81decision shall set forth the reasons for the determination which shall address each of the factors
112	112	82in subsection (e) that the licensing authority deemed relevant to the determination.
113	113	83 (g)(1) An individual with a criminal record may petition a licensing authority at any time,
114	114	84including before obtaining any required personal qualifications or applying for a license, for a
115	115	85decision as to whether the individual’s criminal record is directly related to the profession and
116	116	86that criminal record would disqualify the individual from obtaining a professional or
117	117	87occupational license. The licensing authority may charge a fee to the petitioner to recoup costs
118	118	88related to the petition, not to exceed $100 for each petition. If the petitioner’s income is at or
119	119	89below 250 per cent of the federal poverty level used to determine indigency by the trial court of
120	120	90the commonwealth, the fee shall be waived.
121	121	91 (2) The petitioner shall include in the petition an authorization for the licensing authority
122	122	92to obtain the petitioner’s criminal record. 6 of 18
123	123	93 (3) The licensing authority will make its decision using the criteria and process in
124	124	94subsections (b) to (e), inclusive.
125	125	95 (4) The licensing authority shall issue and send a decision on the petition to the petitioner
126	126	96not later than 60 days after the licensing authority receives the petition or, if a hearing is held, not
127	127	97later than 90 days after the licensing authority receives the petition. The decision shall be made
128	128	98in writing, include a copy of any criminal record report that the licensing authority reviewed and,
129	129	99if the licensing authority determines that an occupational license should not be granted because
130	130	100of the petitioner’s criminal record, a description that details with specificity how the petitioner’s
131	131	101criminal record is directly and specifically related to the performance, duties, responsibilities,
132	132	102practices or functions of the profession.
133	133	103 (5) A decision that the licensing authority should grant the application under certain
134	134	104conditions is binding on the licensing authority in any later ruling on the petitioner’s professional
135	135	105or occupational license unless there is a change in the petitioner’s criminal record that is directly
136	136	106related to the duties or responsibilities of the licensed occupation.
137	137	107 (6) If the licensing authority decides that the professional or occupational license should
138	138	108not be granted, the licensing authority may provide an alternative advisory opinion, in which the
139	139	109licensing authority may advise the petitioner of actions the petitioner may take to remedy the
140	140	110disqualification.
141	141	111 (7) If advised by the licensing authority of remedial actions, the petitioner may submit a
142	142	112revised petition reflecting completion of the remedial actions before a deadline set by the
143	143	113licensing authority in the alternative advisory decision. 7 of 18
144	144	114 (8) The petitioner may appeal the licensing authority’s decision as provided in section
145	145	115176.
146	146	116 (9) The petitioner may submit a new petition to the licensing authority not sooner than 1
147	147	117year following a final judgment on the initial petition or upon obtaining the required personal
148	148	118qualifications.
149	149	119 (h)(1) An ambiguity in a professional or occupational regulation relating to a licensing
150	150	120authority’s use of an individual’s criminal record shall be resolved in the favor of the individual.
151	151	121 (2) Notwithstanding any general or special law to the contrary, a licensing authority shall
152	152	122not use vague terms in its consideration and decision making, including:
153	153	123 (i) good moral character;
154	154	124 (ii) moral turpitude; or
155	155	125 (iii) character and fitness.
156	156	126 (i) Nothing in this section shall be construed to change a licensing authority’s ability to
157	157	127enforce other conditions of professional and occupational licenses, including the personal
158	158	128qualifications required to obtain recognition or compliance with other regulations.
159	159	129 (j)(1) Each licensing authority shall annually report to the division of professional
160	160	130licensure, or the department under which the licensing authority sits:
161	161	131 (i) the number of times that each licensing authority acted to deny, diminish, suspend,
162	162	132revoke, withhold or otherwise limit state recognition for a license because of an individual’s
163	163	133criminal record; 8 of 18
164	164	134 (ii) the criminal convictions that were the subject of each licensing authority action
165	165	135described in clause (i);
166	166	136 (iii) the number of applicants petitioning each licensing authority pursuant to subsection
167	167	137(e);
168	168	138 (iv) the criminal convictions that were the subject of each approval or denial of a petition
169	169	139pursuant to subsection (e); and
170	170	140 (v) other relevant data as determined by the division of professional licensure or the
171	171	141department under which the licensing authority sits.
172	172	142 (2) The division of professional licensure or department governing the licensing body
173	173	143shall annually compile and publish a report on a searchable public website summarizing data
174	174	144reported in paragraph (1).
175	175	145 Section 172N ½. There shall be a commission on background record requirements for
176	176	146professional licensure consisting of 11 members: the commissioner of professional licensure or a
177	177	147designee, who shall serve as chair, the house and senate chairs of the joint committee on
178	178	148consumer protection and professional licensure, the executive director of the Massachusetts
179	179	149office of victim assistance or a designee, and 7 members to be appointed by the governor, 1 of
180	180	150whom shall be a representative of the Massachusetts AFL-CIO Council, Inc., 1 of whom shall be
181	181	151a representative of the Massachusetts Building Trades Council, 1 of whom shall be a
182	182	152representative of the NAACP Boston Branch, 1 of whom shall be a representative of a registered
183	183	153Massachusetts affiliate of the National Urban League, Inc., 1 of whom shall be a representative
184	184	154of the YMCA’s of Massachusetts, Inc., and 1 of whom shall be a representative of the Greater
185	185	155Boston Legal Services, Inc. 9 of 18
186	186	156 The commission shall advise the division of professional licensure and licensing
187	187	157authorities, as defined in section 172N, to provide recommendations for background record
188	188	158requirements for each professional and occupational license granted within the commonwealth.
189	189	159Background record requirements developed by the commission shall not be designed to eliminate
190	190	160certain licenses, nor to develop or recommend that the division of professional licensure create
191	191	161new licenses or additional requirements for licenses.
192	192	162 SECTION 4. Section 2 of chapter 112 of the General Laws, as appearing in the 2022
193	193	163Official Edition, is hereby amended by striking out, in line 5, the words “of good moral
194	194	164character” and inserting in place thereof the following words:- lacks a criminal record or history
195	195	165of disqualifying convictions that is directly related to the practice and duties of a physician
196	196	166pursuant to section 172N.
197	197	167 SECTION 5. Section 18 of said chapter 112, as so appearing, is hereby amended by
198	198	168striking out, in lines 1 and 2, the words “shall refuse to issue a certificate to a person, or”.
199	199	169 SECTION 6. Said section 18 of said chapter 112, as so appearing, is hereby further
200	200	170amended by adding the following paragraph:- The board shall refuse to issue a certificate to a
201	201	171person who is intemperate in the use of alcoholic liquors or narcotic drugs or has a conviction by
202	202	172a court of competent jurisdiction of a crime which the board determines, pursuant to section
203	203	173172N, to be of such a nature as to render such person unfit to practice as a podiatry.
204	204	174 SECTION 7. Section 23B of said chapter 112, as so appearing, is hereby amended by
205	205	175striking out, in line 11, the words “is of good moral character” and inserting in place thereof the
206	206	176following words:- lacks a criminal record or history of disqualifying convictions directly related
207	207	177to the duties or practices of the occupation pursuant to section 172N. 10 of 18
208	208	178 SECTION 8. Section 23S of said chapter 112, as so appearing, is hereby amended by
209	209	179striking out, in lines 11 and 12, the words “is of good moral character” and inserting in place
210	210	180thereof the following words:- lacks a criminal record or history of disqualifying convictions
211	211	181directly related to the duties or practices the occupation pursuant to section 172N.
212	212	182 SECTION 9. Section 45 of said chapter 112, as so appearing, is hereby amended by
213	213	183striking out, in line 5, the words “of good moral character” and inserting in place thereof the
214	214	184following words:- lacking a criminal record or history of disqualifying convictions directly
215	215	185related to the duties or practices of dentistry pursuant to section 172N.
216	216	186 SECTION 10. Section 45A of said chapter 112, as so appearing, is hereby amended by
217	217	187striking out, in line 2, the words “of good moral character” and inserting in place thereof the
218	218	188following words:- lacking a criminal record or history of disqualifying convictions directly
219	219	189related to the duties or practices of a dentist with a limited registration to section 172N.
220	220	190 SECTION 11. Section 45B of said chapter 112, as so appearing, is hereby amended by
221	221	191striking out, in line 2, the words “of good moral character” and inserting in place thereof the
222	222	192following words:- lacking a criminal record or history of disqualifying convictions directly
223	223	193related to the duties or practices of a temporarily registered dentist pursuant to section 172N.
224	224	194 SECTION 12. Section 51 of said chapter 112, as so appearing, is hereby amended by
225	225	195striking out, in line 1, the words “of good moral character” and inserting in place thereof the
226	226	196following words:- lacking a criminal record or history of disqualifying convictions directly
227	227	197related to the duties or practices of a dental hygienist pursuant to section 172N.
228	228	198 SECTION 13. Section 51½ of said chapter 112, as so appearing, is hereby amended by
229	229	199striking out, in line 3, the words “of good moral character” and inserting in place thereof the 11 of 18
230	230	200following words:- lacking a criminal record or history of disqualifying convictions directly
231	231	201related to the duties or practices of a dental assistant pursuant to section 172N.
232	232	202 SECTION 14. Section 55 of said chapter 112, as so appearing, is hereby amended by
233	233	203striking out, in lines 4 and 5, the words “of good moral character, and a” and inserting in place
234	234	204thereof the following words:- lacks a criminal record or history of disqualifying convictions
235	235	205directly related to the duties or practices of a veterinarian pursuant to section 172N and is a.
236	236	206 SECTION 15. Section 60B of said chapter 112, as so appearing, is hereby amended by
237	237	207striking out, in line 2, the words “of good moral character” and inserting in place thereof the
238	238	208following words:- who lacks a criminal record or history of disqualifying convictions directly
239	239	209related to the duties or practices of an architect pursuant to section 172N.
240	240	210 SECTION 16. Section 68 of said chapter 112, as so appearing, is hereby amended by
241	241	211striking out, in line 13 the words “of good moral character” and inserting in place thereof the
242	242	212following words:- lacks a criminal record or history of disqualifying convictions directly related
243	243	213to the duties or practices of an optometrist pursuant to section 172N.
244	244	214 SECTION 17. Section 73H of said chapter 112, as so appearing, is hereby amended by
245	245	215striking out, in line 8, the words “involving moral turpitude” and inserting in place thereof the
246	246	216following words:- related to the duties or practices of a dispensing optician pursuant to section
247	247	217172N.
248	248	218 SECTION 18. Section 74 of said chapter 112, as so appearing, hereby amended by
249	249	219striking out, in line 7 the words “he is of good moral character” and inserting in place thereof the
250	250	220following words:- the applicant lacks a criminal record or history of disqualifying convictions
251	251	221directly related to the duties or practices of a nurse pursuant to section 172N. 12 of 18
252	252	222 SECTION 19. Section 74A of said chapter 112, as so appearing, is hereby amended by
253	253	223striking out, in lines 5 and 6, the words “he is of good moral character and that he” and inserting
254	254	224in place thereof the following words:- the applicant lacks a criminal record or history of
255	255	225disqualifying convictions directly related to the duties or practices of a practical nurse pursuant
256	256	226to section 172N and.
257	257	227 SECTION 20. Section 76B of said chapter 112, as so appearing, is hereby amended by
258	258	228striking out, in lines 7, 20, 32, 47 and 61, the words “good moral character” and inserting in
259	259	229place thereof, in each instance, the following words:- lacking a criminal record or history of
260	260	230disqualifying convictions directly related to the duties or practices of a nurse pursuant to section
261	261	231172N.
262	262	232 SECTION 21. Section 84 of said chapter 112, as so appearing, is hereby amended by
263	263	233striking out, in line 35, the words “involving moral turpitude” and inserting in place thereof the
264	264	234following words:- that is related to the core functions of a funeral director pursuant to section
265	265	235172N
266	266	236 SECTION 22. Section 87A½ of said chapter 112, as so appearing, is hereby amended by
267	267	237striking out, in lines 43 and 44, the words “history of dishonest or felonious acts” and inserting in
268	268	238place thereof the following words:- criminal record or history of disqualifying convictions
269	269	239directly related to the duties or practices of a public accountant pursuant to section 172N.
270	270	240 SECTION 23. Section 87TT of said chapter 112, as so appearing, is hereby amended by
271	271	241striking out, in line 8, the words “good moral character” and inserting in place thereof, the
272	272	242following words:- a lack of criminal record or history of disqualifying convictions directly
273	273	243related to the duties or practices of real estate brokers and salesmen pursuant to section 172N. 13 of 18
274	274	244 SECTION 24. Said section 87TT of said chapter 112, as so appearing, is hereby further
275	275	245amended by striking out, in line 10, the words “good moral character” and inserting in place
276	276	246thereof the following words:- lack of a criminal record or history of disqualifying convictions
277	277	247pursuant to section 172N.
278	278	248 SECTION 25. The first paragraph of said section 87TT of said chapter 112, as so
279	279	249appearing, is hereby amended by striking out the last sentence.
280	280	250 SECTION 26. Section 87XX of said chapter 112, as so appearing, is hereby amended by
281	281	251inserting after the word “character”, in lines 20 and 22, in each instance, the following words:-
282	282	252pursuant to section 172N.
283	283	253 SECTION 27. Section 93 of said chapter 112, as so appearing, is hereby amended by
284	284	254striking out, in line 2, the words “involving moral turpitude” and inserting in place thereof the
285	285	255following words:- pursuant to section 172N.
286	286	256 SECTION 28. Section 101 of said chapter 112, as so appearing, is hereby amended by
287	287	257striking out, in lines 4 and 5, the words “of good moral character” and inserting in place thereof
288	288	258the following words:-lacks a criminal record or history of disqualifying convictions directly
289	289	259related to the duties or practices of a landscape architect pursuant to section 172N.
290	290	260 SECTION 29. Section 119 of said chapter 112, as so appearing, is hereby amended by
291	291	261striking out clause (a) and inserting in place thereof the following clause:- (a) lacks a criminal
292	292	262record or history of disqualifying convictions directly related to the duties or practices of a
293	293	263psychologist pursuant to section 172N. 14 of 18
294	294	264 SECTION 30. Section 136 of said chapter 112, as so appearing, is hereby amended by
295	295	265striking out, in line 12, the words “involving moral turpitude” and inserting in place thereof the
296	296	266following words:- directly related to the duties or practices of a social worker pursuant to section
297	297	267172N.
298	298	268 SECTION 31. Section 144 of said chapter 112, as so appearing, is hereby amended by
299	299	269striking out clause (1) and inserting in place thereof the following clause:- (1) lacks a criminal
300	300	270record or history of disqualifying convictions directly related to the duties or practices of a
301	301	271speech-language pathologist or audiologist pursuant to section 172N.
302	302	272 SECTION 32. Section 144A of said chapter 112, as so appearing, is hereby amended by
303	303	273striking out clause (1) and inserting in place thereof the following clause:- (1) lack a criminal
304	304	274record or history of disqualifying convictions directly related to the duties or practices of an
305	305	275assistant to a speech-language pathologist or audiologist pursuant to section 172N.
306	306	276 SECTION 33. Section 152 of said chapter 112, as so appearing, is hereby amended by
307	307	277striking out clause (b) and inserting in place thereof the following clause:- (b) lack a criminal
308	308	278record or history of disqualifying convictions directly related to the duties or practices of an
309	309	279acupuncturist pursuant to section 172N.
310	310	280 SECTION 34. Section 169 of said chapter 112, as so appearing, is hereby amended by
311	311	281striking out, in line 2, the word “deny”.
312	312	282 SECTION 35. Said section 169 of said chapter 112, as so appearing, is hereby further
313	313	283amended by inserting after the second paragraph the following paragraph:- The board, pursuant
314	314	284to section 172N, may deny a license due to a finding of a conviction by a court of competent
315	315	285jurisdiction of a crime related to conduct which places into question the applicant’s competence 15 of 18
316	316	286to provide mental health and human services, including gross misconduct in the practice of
317	317	287mental health and human services on a particular occasion or negligence on repeated occasions.
318	318	288 SECTION 36. Subsection (f) of section 197 of said chapter 112, as so appearing, is
319	319	289hereby amended by striking out clause (3) and inserting in place thereof the following clause:-
320	320	290(3) lack a criminal record or history of disqualifying convictions directly related to the duties or
321	321	291practices of hearing instrument specialists pursuant to section 172N;.
322	322	292 SECTION 37. Section 203 of said chapter 112, as so appearing, is hereby amended by
323	323	293striking out, in lines 10 and 11, the words “of good moral character” and inserting in place
324	324	294thereof the following words:- lacks a criminal record or history of disqualifying convictions
325	325	295directly related to the duties or practices of a dietitian/nutritionist pursuant to section 172N.
326	326	296 SECTION 38. The first paragraph of section 205 of said chapter 112, as so appearing, is
327	327	297hereby amended by striking out clause (d) and inserting in place thereof the following clause:-
328	328	298(d) a criminal record or history of disqualifying convictions directly related to the duties or
329	329	299practices of dietitians and nutritionists pursuant to section 172N; or.
330	330	300 SECTION 39. Section 213 of said chapter 112, as so appearing, is hereby amended by
331	331	301striking out, in lines 7 and 8, the words “of good moral character” and inserting in place thereof
332	332	302the following words:- lacks a criminal record or history of disqualifying convictions directly
333	333	303related to the duties or practices of a perfusionist pursuant to section 172N.
334	334	304 SECTION 40. Subsection (d) of section 222 of said chapter 112, as so appearing, is
335	335	305hereby amended by striking out clause (i) and inserting in place thereof the following clause:- (i)
336	336	306lack a criminal record or history of disqualifying convictions directly related to the duties or
337	337	307practices of a home inspector pursuant to section 172N;. 16 of 18
338	338	308 SECTION 41. Subsection (a) of section 229 of said chapter 112, as so appearing, is
339	339	309hereby amended by striking out clause (4) and inserting in place thereof the following clause:-
340	340	310(4) he shall lack a criminal record or history of disqualifying convictions directly related to the
341	341	311duties or practices of a massage therapist pursuant to section 172N;.
342	342	312 SECTION 42. Said section 229 of said chapter 112, as so appearing, is hereby amended
343	343	313by striking out, in line 19, the words “or a crime involving moral turpitude”.
344	344	314 SECTION 43. Section 231 of said chapter 112, as so appearing, is hereby amended by
345	345	315striking out clause (3) and inserting in place thereof the following clause:- (3) lacks a history of a
346	346	316criminal record or history of disqualifying convictions directly related to the duties or practices
347	347	317of a massage therapist pursuant to section 172N;.
348	348	318 SECTION 44. Section 253 of said chapter 112, as so appearing, is hereby amended by
349	349	319striking out, in line 7, the words “of good moral character” and inserting in place thereof the
350	350	320following words:- lacks a history of a criminal record or history of disqualifying convictions
351	351	321directly related to the duties or practices of a genetic counselor pursuant to section 172N.
352	352	322 SECTION 45. Section 260 of said chapter 112, as so appearing, is hereby amended by
353	353	323striking out, in line 8, the words “is of good moral character” and inserting in place thereof the
354	354	324following words:- lacks a history of a criminal record or history of disqualifying convictions
355	355	325directly related to the duties or practices of a community health worker pursuant to section 172N.
356	356	326 SECTION 46. Section 269 of said chapter 112, as so appearing, is hereby amended by
357	357	327striking out, in lines 7 and 8, the words “and of good moral character” and inserting in place
358	358	328thereof the following words:- , lacks a history of a criminal record or history of disqualifying 17 of 18
359	359	329convictions directly related to the duties or practices of a naturopathic doctor pursuant to section
360	360	330172N.
361	361	331 SECTION 47. Subsection 9 of section 4 of chapter 151B of the General Laws, as so
362	362	332appearing, is hereby amended by inserting the following paragraphs after the last sentence:-
363	363	333 (a) An employer shall not deny employment to an individual because the person was
364	364	334convicted of one or more criminal offenses, or by reason of a finding of lack of good moral
365	365	335character or suitability, when such finding is based upon the fact that the applicant was convicted
366	366	336of one or more criminal offenses, unless:
367	367	337 (i) the nature of criminal conduct for which the person was convicted has a direct bearing
368	368	338on and affects such person’s fitness or ability to perform one or more of primary duties or
369	369	339responsibilities necessarily related to the employment sought; or
370	370	340 (ii) hiring or continued employment of the person would involve an unreasonable risk to
371	371	341property or to the safety or welfare of a specific individual or the general public.
372	372	342 (b) In making this determination, the employer shall undertake an individualized
373	373	343assessment of the applicant and shall consider the following factors:
374	374	344 (i) the type of work to be performed and the nature of the primary duties or
375	375	345responsibilities necessarily related to the employment sought;
376	376	346 (ii) whether the offense or offenses were recently committed, and whether the amount of
377	377	347time that has elapsed since the occurrence of the offense or offenses significantly diminishes the
378	378	348relevance of the offense or offenses; 18 of 18
379	379	349 (iii) the age of the person at the time of the occurrence of the criminal offense or offenses,
380	380	350including whether youth or lack of maturity related to the person’s age at the time of the offense
381	381	351is a mitigating circumstance;
382	382	352 (iv) the seriousness of the offense or offenses;
383	383	353 (v) any evidence that the person performed the same type of work after the offense or
384	384	354offenses with no known incidents of criminal conduct;
385	385	355 (vi) any evidence regarding the person’s rehabilitation, including but not limited to civic
386	386	356and community contributions, efforts at self-improvement, sobriety, education or training, and
387	387	357good conduct; and
388	388	358 (c) An employer shall, at the time of denial of employment, provide the applicant or
389	389	359employee with a written statement that sets forth specific reasons for the denial.