Massachusetts H 420: An Act relative to increasing professional licensure opportunities

Bill Text

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HOUSE DOCKET, NO. 378 FILED ON: 1/8/2025
HOUSE . . . . . . . . . . . . . . . No. 420

The Commonwealth of Massachusetts
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PRESENTED BY:
David Henry Argosky LeBoeuf and Steven Ultrino
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to increasing professional licensure opportunities.
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PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
David Henry Argosky LeBoeuf 17th Worcester 1/8/2025
Steven Ultrino 33rd Middlesex 2/11/2025

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HOUSE DOCKET, NO. 378 FILED ON: 1/8/2025
HOUSE . . . . . . . . . . . . . . . No. 420
By Representatives LeBoeuf of Worcester and Ultrino of Malden, a petition (accompanied by
bill, House, No. 420) of David Henry Argosky LeBoeuf and Steven Ultrino for legislation to
further regulate professional and occupational licensing. Consumer Protection and Professional
Licensure.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4602 OF 2023-2024.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to increasing professional licensure opportunities.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Chapter 6 of the General Laws, as appearing in the 2022 Official Edition, is
2 hereby amended by striking out section 172N, and inserting in place thereof the following 2
3 sections:-
4 Section 172N. (a) For the purposes of this section and section 172N 1/2, “licensing
5 authority” shall include any agency, examining board, credentialing board or other office or
6 commission, including boards supervised by the commissioner of occupational licensure, with
7 the authority to impose occupational fees or licensing requirements on a profession.

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8 (b) A licensing authority shall provide individualized consideration of an applicant’s
9 circumstances as described in subsections (d) and (e) to deny, diminish, suspend, revoke,
10 withhold or otherwise limit a professional or occupational license.
11 (c) Notwithstanding any general or special law to the contrary, a licensing authority shall
12 not consider, nor require an applicant to disclose:
13 (1) a deferred adjudication, including but not limited to a continuance without a finding,
14 participation in a diversion program or an arrest not followed by a conviction;
15 (2) a conviction for which no sentence of incarceration may be imposed;
16 (3) a conviction that has been sealed, annulled, dismissed, vacated, set aside, expunged or
17 pardoned;
18 (4) a juvenile adjudication;
19 (5) a non-violent misdemeanor;
20 (6) a conviction that occurred more than 3 years prior to the date of the licensing
21 authority’s consideration or where the applicant’s incarceration ended more than 3 years before
22 the date of the licensing authority’s consideration, except for a conviction of:
23 (i) a crime punishable by imprisonment for a term exceeding 2 and a half years, or any
24 act of juvenile delinquency involving the use or possession of a deadly weapon that would be
25 punishable by imprisonment for such term if committed by an adult, that (A) has as an element
26 involving the use, attempted use or threatened use of physical force or a deadly weapon against
27 the person of another; (B) is burglary, extortion, arson or kidnapping; (C) involves the use of

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28 explosives; or (D) resulted in death, bodily injury, or serious bodily injury with malice
29 aforethought;
30 (ii) a felony related to a sex offense, a sex offense involving a child or a sexually violent
31 offense as defined in section 178C; or
32 (iii) a felony related to criminal fraud pursuant to section 1 of chapter 267 or
33 embezzlement pursuant to chapter 266.
34 (d) A licensing authority may deny, diminish, suspend, revoke, withhold or otherwise
35 limit a professional or occupational license only if the licensing authority determines, by clear
36 and convincing evidence, that:
37 (1) First, an applicant’s non-excluded criminal record directly relates to the duties and
38 responsibilities of the profession or occupation.
39 (2) Second, if an applicant’s non-excluded criminal record is directly related to the duties
40 and responsibilities of the profession or occupation, the licensing authority must then determine
41 if the interest of the licensing authority in protecting the public, an individual or property from
42 harm outweighs the applicant’s right to hold the professional or occupational license.
43 (3) Third, if the licensing authority determines that the interest in protecting the public, an
44 individual or property from harm outweighs the applicant’s right to hold the professional or
45 occupational license, then the licensing author