South Carolina has embarked on a significant reform in its professional licensing regulations, particularly addressing how criminal convictions impact licensing decisions. This initiative is encapsulated in Senate Bill 165, introduced in the Senate in January 2023. The bill proposes key changes to how professional boards and commissions handle license applications from individuals with prior criminal convictions.
Key Provisions of Senate Bill 165
- Restrictions on Denial of Licenses: The bill stipulates that professional boards and commissions cannot deny a license solely based on an applicant’s prior criminal conviction unless the conviction is directly related to the duties and responsibilities of the specific occupation or professional license being sought.
- Hearing and Appeal Process: Applicants who have completed relevant pre-licensing requirements cannot be denied a license without being given an opportunity to appear at a hearing. This hearing is intended to assess the applicant’s fitness for the occupation or profession, considering specific crimes related to the role. If a license application is denied due to a prior conviction, the applicant must receive written notification and be informed of their right to appeal the decision.
- Evaluation Criteria: The bill outlines criteria for boards and commissions to consider when evaluating an applicant with a criminal conviction. These include the nature and severity of the crime, the time elapsed since the conviction, and any evidence of rehabilitation. The bill aims to ensure a fair and evidence-based assessment of applicants’ qualifications and fitness for licensure.
- Prohibition of Vague Terms: Regulatory boards and commissions are prohibited from using vague or generic terms such as “moral turpitude” or “good character” to deny a license. Additionally, charges that have been dismissed or adjudicated with a finding of not guilty cannot be considered as a justification for denying a license.