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Center for Media and Democracy Alec Model Legislation Suspension of Professional Licenses Act

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By the Center for
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D I D Y O U K N O W ? Corporations VOTED to adopt this. Through ALEC, global companies

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Model Legislation

Public Safety and Elections

Suspension of Professional Licenses Act
Summary

Did you know the NRA--the
National Rifle Association-was the corporate co-chair in
2011?

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

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