32-4701. Provisional license; eligibility; report; definition

A. Unless subsection K of this section applies, a licensing authority shall have the authority to issue to an otherwise qualified applicant who has been convicted of an offense either of the following:

1. The regular license for which the applicant applied.

2. A provisional license.

B. The provisional license shall be valid for a term of not more than one year as specified by the licensing authority by rule.

C. The licensing authority may revoke a provisional license if the provisional licensee:

1. Is charged with a new felony.

2. Commits an act or omission that causes the provisional licensee's community supervision, probation or parole to be revoked, if applicable.

3. Violates the law or rules governing the practice of the occupation for which the provisional license is issued.

D. If the licensing authority revokes a provisional license under subsection C of this section, the provisional licensee is not entitled to receive another provisional license or the regular license for which the applicant originally applied, even if otherwise qualified. The ability of such a person to subsequently obtain another such license in the future is within the discretion of the licensing authority.

E. An applicant who is on community supervision, probation or parole and who is issued a provisional license under this section shall provide to the licensing authority the name and contact information of the community supervision, probation or parole officer to whom the applicant reports. The licensing authority shall notify the community supervision, probation or parole officer that a provisional license has been issued.

F. If the licensing authority issues a regular or provisional license to an applicant and the applicant has been ordered by a court to pay restitution, the licensing authority shall notify the prosecutor that a regular or provisional license has been issued to the applicant for the purposes of recovering restitution that the applicant may owe.

G. If an applicant is employed in a licensed assisted living or skilled nursing facility, the provisional license must include a condition that the provisional licensee may only work under the direct supervision of another licensee who is not a provisional licensee, and the supervising licensee must sign a verifying affidavit.

H. If a provisional licensee was convicted of an offense that involves a violation of title 13, chapter 15 or 19 within the last ten years and if the occupation is one in which a licensee regularly enters private residences, the provisional license must include a condition that the provisional licensee only work under the direct supervision of another licensee who has no criminal record during all home visits and the supervising licensee must sign a verifying affidavit. If the offense occurred more than ten years ago, the condition is discretionary with the licensing authority. The regular license may include this condition if the licensing authority determines that the condition is warranted. The licensing authority may conduct reasonable enforcement activities to ensure this supervision condition is complied with over the course of the license term.

I. This section does not preclude a licensing authority from exercising its existing discretion to issue a license to individuals who are not covered under this section.

J. A person who is incarcerated may not apply for a provisional license until after the person's release.

K. This section does not apply to:

1. A person who is convicted of:

(a) A violent crime as defined in section 13-901.03.

(b) A violation of section 13-1403, subsection B.

(c) A sexual offense as defined in section 13-1420.

(d) Kidnapping under section 13-1304.

(e) An offense in violation of title 13, chapter 20, 21 or 22 or section 13-2310 or 13-2311 if the licensed occupation is one in which the licensee owes a fiduciary duty to a client.

2. Any occupation where the licensee would be supervising vulnerable adults as defined in section 46-451 or children.

3. Any initial or renewal license application where the applicant was convicted of committing an offense in the course of performing the duties of the occupation or a substantially similar occupation.

4. Repetitive offenders pursuant to section 13-703.

L. Each licensing authority shall submit a report on or before July 1 each year to the governor and provide a copy of this report to the secretary of state. The report shall include the following information for the previous calendar year:

1. The number of provisional license applications that were received.

2. The number of provisional licenses that were granted.

3. The number of provisional license applications that were denied.

4. The number of provisional licenses that were revoked.

M. For the purposes of this section, " licensing authority" means any agency, department, board or commission of this state that issues a license pursuant to this title, except chapter 40 of this title, for the purposes of operating a business in this state to an individual who provides a service to any person.