HB 3794: Professions and occupations; grounds for licensure or certification denial; updating reference to the Insurance Department; effective date. - Oklahoma

Floor (House) → Floor (Senate) · 4 edits

MODERATE

The bill was amended to clarify definitions regarding criminal conduct and to establish stricter rules for when a criminal conviction can disqualify someone from a professional license. The Senate version adds specific exclusions for minor offenses (like sealed convictions) and requires licensing authorities to provide written notice and an opportunity for the applicant to submit evidence before denying a license.

Scope change

The scope of the bill remains focused on grounds for licensure denial, but the specific criteria for what constitutes a disqualifying offense and the procedural requirements for licensing authorities have been expanded and clarified.

DEFINITION

Added a new definition for 'Pose a reasonable threat' to clarify that a conviction must involve an act or threat of harm against another person to disqualify an applicant.

ELIGIBILITY

Added specific exceptions where a conviction should NOT lead to license denial, such as arrests without valid pleas, sealed or expunged convictions, and offenses older than five years (with specific exceptions for sex offenses and domestic violence).

REQUIREMENT

Added a requirement that licensing authorities must provide written notice of the specific offense and reasons for denial, along with the right to submit additional evidence within 30 days.

Added a new provision allowing individuals to request a determination of whether their criminal history disqualifies them from obtaining a license before applying.

House Committee Substitute → Floor (House) · 3 edits

MINOR

The bill text was updated from the House Committee Substitute version to the Floor version, primarily involving formatting adjustments, renumbering of sections, and the addition of a header indicating 'BOLD FACE denotes Committee Amendments'. No substantive policy changes, such as new definitions, altered eligibility criteria, or modified thresholds, were found in this specific diff.

TECHNICAL

The document header was changed to reflect the 'Floor Version' and added a note explaining that bold text indicates committee amendments.

Section and subsection numbers were renumbered to align with the floor version's pagination and structure.

Text spacing and indentation were adjusted to improve readability and match the final floor version layout.

Proposed Policy Committee Substitute 1 → House Committee Substitute · 1 edit

MINOR

The bill was converted from a 'Proposed Policy Committee Substitute' to a 'House Committee Substitute,' indicating it has moved forward in the legislative process. The substantive text of the bill regarding criminal background checks for professional licenses remains unchanged, retaining the same standards for denying licenses based on criminal history.

TECHNICAL

The document header and metadata were updated to reflect the bill's progression from the policy committee to the house committee, while the actual legal text of the bill was not altered.

Engrossed → Proposed Policy Committee Substitute 1 · 4 edits

MODERATE

The bill was completely rewritten by the Policy Committee to update legal citations, clarify definitions regarding criminal conduct, and streamline the criteria for denying professional licenses based on criminal history. The new version removes the old 'Engrossed' text and replaces it with a 'Proposed Policy Committee Substitute' that includes specific formatting and updated statutory references for the 2026 legislative session.

Scope change

The bill's scope remains focused on amending 59 O.S. 2021, Section 4000.1 regarding grounds for licensure denial, but the text has been fully replaced to reflect committee revisions and updated legal citations.

TECHNICAL

The entire bill text was replaced with a new version labeled 'Proposed Policy Committee Substitute' which includes updated formatting, new page headers, and a specific effective date of February 4, 2026.

The bill's title and preamble were updated to conform to the new committee substitute format, changing the designation from 'Engrossed' to 'Proposed Policy Committee Substitute'.

DEFINITION

The definitions for 'Substantially relate' and 'Pose a reasonable threat' were retained but renumbered and slightly rephrased to ensure clarity within the new text structure.

REQUIREMENT

The criteria for when a conviction can be used to deny a license were updated to include specific exclusions for sealed convictions, expungements, and crimes older than five years, with exceptions for serious offenses like domestic assault and sex offenses.

Introduced → Engrossed · 6 edits · Mar 11, 2026

MODERATE

This bill replaces a previous version of the law that created an entirely new statute with a specific amendment to an existing section. The change clarifies that criminal convictions can only deny a professional license if the crime is directly related to the job duties and poses a threat to public safety. It also adds specific protections, such as barring denial based on arrests without convictions, sealed records, or crimes older than five years (with exceptions for serious offenses like domestic violence or sex crimes).

Scope change

The bill's scope shifted from enacting a completely new 'Oklahoma Professions and Occupations Act' to amending an existing section of the Oklahoma Statutes regarding licensure grounds.

ELIGIBILITY

Replaced a new act with a specific amendment to 59 O.S. 2021, Section 4000.1, focusing on updating the legal citation and refining the criteria for denying licenses based on criminal history.

Established a five-year look-back period for most convictions, preventing denial based on old crimes, while explicitly excluding serious offenses like domestic violence and sex crimes from this protection.

DEFINITION

Added specific legal definitions for 'substantially relate' and 'pose a reasonable threat' to ensure licensing boards apply these terms consistently.

REQUIREMENT

Mandated that licensing authorities must consider specific factors, such as the time passed since the offense, the applicant's age at the time, and evidence of rehabilitation, before denying a license.

Created a new process allowing individuals to proactively request a determination on whether their criminal history would disqualify them from a specific occupation before applying.

ENFORCEMENT

Required licensing authorities to provide written notice to applicants explaining why a conviction led to a denial and informing them of their right to submit additional evidence or appeal.

Professions and occupations; grounds for licensure or certification denial; updating reference to the Insurance Department; effective date.

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