NCJ Number
56125
Date Published
1978
Length
52 pages
Annotation
THE SCOPE OF CRIMINAL AND CHARACTER RESTRICTIONS FOR LICENSING IS SURVEYED FOR FIVE PROFESSIONS. A TOTAL OF 255 LICENSING LAWS ARE REVIEWED AND A QUESTIONNAIRE SURVEYS ACTUAL LICENSING PRACTICES IN ALL 50 STATES.
Abstract
THE FIRST PART OF THE STUDY SURVEYED LICENSING LAWS AND REGULATIONS FOR REGISTERED NURSING, VETERINARY SCIENCE, EMBALMING, BARBERING, AND PSYCHOLOGY. TABLES AND AN APPENDIX DETAIL THE RESTRICTIONS BASED ON FELONY CONVICTIONS, MISDEMEANORS, AND CRIMES INVOLVING MORAL TURPITUDE WHICH WERE FOUND FOR EACH PROFESSION IN EACH STATE AND THE DISTRICT OF COLUMBIA. THE SECOND PART OF THE STUDY INVOLVED A QUESTIONNAIRE REGARDING ACTUAL LICENSING PRACTICE WHICH WAS SENT TO THE FIVE LICENSING BOARDS IN EACH STATE; 133 QUESTIONNAIRES WERE RETURNED. THIS QUESTIONNAIRE AND A TABULATION OF THE RESPONSES ARE APPENDED. LICENSING RESTRICTIONS BASED ON EITHER CHARACTER OR A CRIMINAL OFFENSE WERE FOUND IN 95 PERCENT OF THE STATE STATUTES. RESTRICTIONS BASED ON MORALITY OR CHARACTER WERE VAGUE, ALMOST NEVER DEFINED BY THE LAWS, AND RESTRICTIONS BASED ON A PREVIOUS CRIMINAL CONVICTION WERE USUALLY NOT RELATED TO THE REQUIREMENTS OF THE OCCUPATION. HOWEVER, IT WAS FOUND THAT THIS BROAD DISCRETIONARY POWER IS SELDOM APPLIED. ONLY 0.02 PERCENT OF APPLICANTS WERE DENIED LICENSES ON THE BASIS OF MORAL CHARACTER OR A CRIMINAL OFFENSE DURING THE 3-YEAR PERIOD SURVEYED. DIFFERENT STANDARDS APPEAR TO BE INVOKED WHEN CONSIDERING REVOCATION, COMPARED TO INITIAL LICENSURE. WHILE 42 PERCENT OF BOARDS WOULD DENY A LICENSE FOR A FELONY CONVICTION, 81 PERCENT WOULD REVOKE A LICENSE ON THIS BASIS. NO SIGNIFICANT DIFFERENCES WERE FOUND AMONG PROFESSIONS FOR STANDARDS OF GRANTING A LICENSE BUT VETERINARIANS AND PSYCHOLOGISTS WERE SIGNIFICANTLY MORE LIKELY TO ENDORSE REVOCATION FOR A FELONY THAN WERE BARBERS. TABLES PRESENT STUDY DATA. REFERENCES ARE APPENDED. (GLR)