Suspension of Professional Licenses Act Exposed

The Suspension of Professional Licenses Act is listed under ALEC's Public Safety and Elections Task Force and was included in the 1995 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This Act would require the suspension of designated state awarded professional and/or business licenses of those convicted of any drug offense. The suspension would last for one year, unless the offender enrolls in a treatment program, in which case the court may limit the suspension to the duration of treatment. The Act would require both the courts and the offender to notify the appropriate state licensing boards of all drug convictions. Offenders who do not report their conviction to their licensing board could be subjected to the permanent revocation of their license.

Model Legislation

{Title, enacting clause, etc.}

Section 1. {Title.}

This Act shall be known and may be cited as the Suspension of Professional Licenses Act.

Section 2. {Suspension of license.}

(A) In addition to any disposition authorized by [cite state controlled substance act], every person convicted of any offense defined in [cite state controlled substance act] shall forfeit on the date sentence is imposed the following licenses, certificates, registrations, or permits issued pursuant to state law or regulations promulgated thereto and issued directly to or in the name of the convicted person:

(1) [list appropriate professional,

(2) business, trade, vocational,

(3) or occupational licenses.

(B) Every person convicted of any offense defined in [cite state controlled substance act] will be ineligible commencing on the date sentence is imposed for any license, certificate, registration, or permit required by state statute or regulations promulgated thereto for a profession, occupation, trade, vocation, or business listed in Subsection (A) of this Section.

Section 3. {Duration of license suspension.}

(A) The period of suspension or ineligibility required pursuant to this Act shall last until the individual shall have completed a court-approved treatment program and been approved for license renewal by the appropriate state licensing board, or for a period of one year commencing on the date sentence is imposed.

(B) Any sections of law that make reference to the authority of licensing departments, boards, agencies, and commissions to suspend or refuse licenses are amended to allow for license suspension and ineligibility pursuant to enforcement of this Act.

(C) Adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld for any person found guilty or having pled guilty or nolo contendere for any offense defined in [cite state controlled substance act].

Section 4. {Notice of suspension.}

(A) Upon the imposition of the sentence, the court shall notify in writing all the departments, boards, agencies, or commissions that issue licenses, certificates, registrations, or permits specified in Subsection (A) of Section 2 of the suspension.

(B) Upon the imposition of the sentence, the defendant shall notify in writing all the departments, boards, agencies, or commissions that issued his licenses, certificates, registrations, or permits of the suspension.

(C) The notices written pursuant to Subsections (A) and (B) of this Section shall indicate, in addition to any information necessary to identify the person convicted, the first and last date of the suspension period, the identification number, if any and if known, of the license, certificate, registration, or permit and the offense for which the person was convicted.

(D) If a defendant does not notify the department, board, agency or commission of his suspension within 30 days of the imposition of the sentence, the department, board, agency, or commission may permanently revoke the defendant's license, certificate, registration, or permit.

(E) Notwithstanding any other statute or regulation concerning the suspension or revocation of licenses, certificates, registrations, or permits, a department, board, agency, or commission that receives such a notice from a court or a defendant shall promptly accept it, note the suspension in its records, and take whatever action it ordinarily takes to give public notice when a license, certificate, registration, or permit is suspended or revoked.

Section 5. {Severability clause.}

Section 6. {Repealer clause.}

Section 7. {Effective date.}

ALEC's Sourcebook of American State Legislation 1995