Current through Register Vol. 35, No. 18, September 24, 2024
A. Convictions for any of the following
offenses, or their equivalents in any other jurisdiction, are disqualifying
criminal convictions that may disqualify an applicant from receiving or
retaining a license issued by the board:
(1)
murder;
(2) aggravated
assault;
(3) assault with intent to
commit a violent felony;
(4)
aggravated battery inflicting great bodily harm or with a deadly
weapon;
(5) kidnapping;
(6) abandonment of a child resulting in death
or great bodily harm;
(7) abuse of
child;
(8) negligent abuse of a
child resulting in death;
(9)
intentional abuse of a child 12 to 18 years old resulting in death;
(10) sexual exploitation of
children;
(11) sexual exploitation
of children by prostitution;
(12)
criminal sexual penetration;
(13)
criminal sexual contact;
(14)
criminal sexual contact of a minor;
(15) aggravated indecent exposure;
(16) criminal sexual communication with a
child;
(17) human
trafficking;
(18) willfully or
knowingly failing to comply with the registration or verification requirements
of the Sex Offender Registration and Notification Act;
(19) willfully or knowingly providing false
information when complying with the registration or verification requirements
of the Sex Offender Registration and Notification Act;
(20) sex offender who fails to comply with
SORNA re moving to another state;
(21) failure to comply with proclamation of
the governor;
(22) practicing
medicine without a license;
(23)
forgery;
(24) fraud;
(25) aggravated escape from the custody of
the children, youth and families department;
(26) bringing contraband into a juvenile
detention facility or juvenile correctional facility;
(27) tampering with public records;
(28) delivering drug paraphernalia to a
person under eighteen years of age and who is at least three years the person's
junior;
(29) intentionally selling
an imitation controlled substance to a person under the age of eighteen years;
and
(30) selling or giving
alcoholic beverages to minors, and possession of alcoholic beverages by
minors.
B. The board
shall not consider the fact of a criminal conviction as part of an application
for licensure unless the conviction in question is one of the disqualifying
criminal convictions listed in Subsection A of this rule.
C. The board shall not deny, suspend or
revoke a license on the sole basis of a criminal conviction unless the
conviction in question is one of the disqualifying criminal convictions listed
in Subsection A of this rule.
D.
Nothing in this rule prevents the board from denying an application or
disciplining a licensee on the basis of an individual's conduct to the extent
that such conduct violated the Body Art Safe Practice Act, regardless of
whether the individual was convicted of a crime for such conduct or whether the
crime for which the individual was convicted is listed as one of the
disqualifying criminal convictions listed in Subsection A of this rule.
E. In connection with an
application for licensure, the board shall not use, distribute, disseminate, or
admit into evidence at an adjudicatory proceeding criminal records of any of
the following:
(1) an arrest not followed by a
valid conviction;
(2) a conviction
that has been sealed, dismissed, expunged or pardoned;
(3) a juvenile adjudication; or
(4) a conviction for any crime other than the
disqualifying criminal convictions listed in Subsection A of this
rule.
