GS 93B-8.1 governs the use of criminal history records by state agency and occupational licensing boards. A board may not deny an applicant based on a determination that the person has been convicted of a crime of “moral turpitude,” nor may a board automatically deny an applicant based on their criminal record, unless required to do so under federal law. A board can only deny licensure based on a criminal conviction “only if the board finds that the criminal conviction history is directly related to the duties and responsibilities for the licensed occupation or the conviction is for a crime that is violent or sexual in nature.” 

Amends GS 93B-8.1 by adding newly defined term, deny licensure or denies licensure, meaning to refuse to issue a license to an applicant, to refuse to renew the license of a licensee, or to revoke the license of a licensee. Also amends the definition of criminal history record to no longer require that the crime bear upon an applicant's or licensee's fitness to be licensed or disciplined.

Amends the following occupational licensing statutes to remove language that refers to denial of licensure based on a crime of moral turpitude and makes conforming changes to account for requirements of GS 93B-8.1B in rejecting an applicant for criminal history, if the statute covers rejection: GS 53-244.050 (registration application requirements for persons wanting to engage in the mortgage business or act as a mortgage loan originator); GS 53-244.060 (grounds for rejection of license or registration for persons wanting to engage in the mortgage business or act as a mortgage loan originator); GS 58-33-46 (insurance producers: suspension, probation, revocation, or nonrenewal of licenses); GS 58-58-215 (viatical settlement providers or brokers: license revocation or denial); GS 58-71-80 (bail bondsmen and runners: grounds for denial, suspension, probation, revocation, or nonrenewal of licenses); GS 143-151.56 (home inspector/inspections licenses: suspension, revocation, and refusal to renew license); GS 66-234 membership camping operators: registration requirements); GS 66-237 (salespersons of membership operating contracts: registration requirements); GS 74D-2 (Alarm Systems Licensing Act: license requirements); GS 74D-10 (Alarm Systems Licensing Board: appeals of suspension or revocation of licenses or registrations); GS 85B-3.2(auctioneer, apprentice auctioneer, or auction firm: criminal history record checks of licensure applicants); GS 85B-4 (license for auctioneer, apprentice auctioneer, or auction firm); GS 85B-8 (auctioneer, apprentice auctioneer, or auction firm: grounds for civil penalty, denial, suspension, or revocation of license); GS 89C-21 (disciplinary action by the Board of Examiners for Engineers and Surveyors); GS 90-14 (disciplinary authority of the Medical Board); GS 90-41 (dentists: disciplinary action); GS 90-229 (dental hygienists: disciplinary measures); GS 90A-64 (Board of Environmental Health Examiners: suspensions and revocations of certificates); GS 90-113.44 (substance use disorder specialists: grounds for disciplinary action); GS 90-121.2 (Board of Examiners in Optometry: rules, discipline, suspension, revocation and regrant of certificate); GS 90-154 (Board of Chiropractic Examiners: grounds for professional discipline); GS 90-187.8 (Veterinary Medical Board: discipline of licensees);GS 90-202.8 (Board of Podiatry Examiners: revocation or suspension of certificate); GS 90-210.25 (Board of Funeral Service: licensing and permitting); GS 90-210.69 (Board of Funeral Service: enforcement of Article 13d of GS Chapter 90); GS 90-210.123 (Board of Funeral Service: licensing and inspection); GS 90-249.1 (Board of Opticians: disciplinary actions); GS 90-270.60 (Marriage and Family Therapy Licensure Board: discipline, including denial, revocation or suspension of license); GS 270.76 (Board of Occupational Therapy: suspension, revocation, and refusal to renew license); GS 90-270.103 (Board of Physical Therapy Examiners: grounds for disciplinary action); GS 90-270.148 (Psychology Board: disciplinary and remedial actions); GS90-340 (Board of Licensed Mental Health Counselors: protection of the public); GS90-363 (Board of Dietetics/Nutrition: suspension, revocation, and refusal to renew license); GS 90-390 (Board of Examiners of Fee-Based Pastoral Counselors: refusal, suspension, or revocation of certificate); GS 90-633 (Board of Massage and Body Work Therapy: disciplinary action); GS 90-659 (Respiratory Care Board: suspension, revocation, and refusal to renew a license); GS-742 (Behavior Analysis Board: denial, suspension, relinquishment, or revocation of licenses and other disciplinary and remedial actions); GS 90B-11 (Social Work Certification and Licensure Board: disciplinary procedure); GS 93A-6 (Real Estate Commission: disciplinary action); GS 93A-38 (Real Estate Commission: suspension, revocation, or denial of certification); GS 93A-54 (Real Estate Commission: disciplinary action under the NC Timeshare Act); GS 93D-13 (Hearing Aid Dealers and Fitters Board: discipline, suspension, revocation licenses and registrations); GS 93E-1-12 (Real Estate Appraisal Board: disciplinary action); GS 106-65.26 (Pest Control Applicators, Structural Pest Control Committee, Department of Agriculture: qualifications for certified applicator and licensee); and GS 106-610 (Grain dealers, Department of Agriculture: grounds for refusal, suspension, or revocation of license).

Amends GS 20-294 by expanding the grounds for suspending motor vehicle dealer and manufacturer licenses to include convictions under GS 14-160.4 and GS 20-79.2 while removing GS 20-107; removes felonies involving moral turpitude. Makes conforming changes to GS 20-79.2.

Removes requirement that applicant for Athlete Agents share whether they have been convicted of a crime of moral turpitude and instead requires the applicant to share whether they have been convicted of any misdemeanor involving theft, fraud, or dishonesty or any felony in submitting an application under GS 78C-89. Makes conforming changes under GS 78C-90 (issuance, denial or renewal of applications for Athlete Agents by Secretary of State).

Removes reference to crime of moral turpitude as grounds for denial of licensure and clarifies that GS 74D-6 (pertaining to the denial of a license or registration by the Alarms System Licensing Board) is subject to the requirements of GS 98B-8.1 and the other hearings requirement of the APA.

Amends GS 83A-15 to remove reference to the Board of Architecture and Interior Designers’ power to deny a license or certificate of registration of an architect or a registration of an interior designer as well as references to crimes of moral turpitude as grounds constituting unprofessional conduct warranting in imposition of action against license, reprimand or civil penalty.

Removes reference to conviction of crime of moral turpitude in GS 87-47 as grounds for disciplinary action for persons subject to the requirements of the State Board of Examiners of Electrical Contractors and Surveyors and replaces that ground with conviction of a crime that is violent or sexual in nature. 

Amends GS 90-30 (pertaining to examination and licensing of applicants before the Board of Dental examiners) to (1) allow for clinical examinations either on live persons or an approved alternative method, including manikins that simulate human subjects (currently, just live persons) and (2) removes power of the dental board to refuse to grant a license to any person found guilty of a crime of moral turpitude, or gross immortality, or to any person addicted to the use of alcoholic liquors or narcotic drugs to such an extent, as, in the Board’s opinion, would render them unfit to practice dentistry.  

Amends GS 90-102.1 as follows. Removes reference to crime of moral turpitude as relevant to registration as a dog handler with limited use of controlled substances with the Department of Health and Human Services (DHHS) and clarifies that DHHS or the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services can deny, suspend, or revoke a registration issued under GS 90-102.1 so long as it complies with the requirements of GS 98B-8.1, the other hearings requirement of the APA, and the other statutory requirements.

Makes technical, organizational, conforming, and clarifying changes. Makes language gender neutral and removes outdated language. Effective October 1, 2024.