LICENSING AND PUBLIC EMPLOYMENT QUALIFICATIONS

KRS tit. XXVI, ch. 335B

in effect

KRS 335B.010 Definitions for KRS 335B.020 to 335B.070

335B.010. Definitions for KRS 335B.020 to 335B.070 As used in KRS 335B.020 to 335B.070, unless the context requires otherwise: (1) "Occupation" includes all occupations, trades, vocations, professions, businesses, or employment of any kind for which a license is required to be issued by the Commonwealth of Kentucky, its agencies, or political subdivisions; (2) "License" includes all licenses, permits, certificates, registrations, or other means required to engage in an occupation which are granted or issued by the Commonwealth of Kentucky, its agents or political subdivisions before a person can pursue, practice, or engage in any occupation; (3) "Public employment" includes all employment with the Commonwealth of Kentucky, its agencies, or political subdivisions; (4) "Conviction of a crime" shall be limited to convictions of felonies or misdemeanors; (5) "Hiring or licensing authority" shall mean the person, board, commission, or department of the Commonwealth of Kentucky, its agencies or political subdivisions, responsible by law for the hiring of persons for public employment or the licensing of persons for occupations; (6) "Diversity, equity, and inclusion training" has the same meaning as in KRS 164.2894; and (7) "Licensing authority" means the person, board, commission, department, or other entity of the Commonwealth of Kentucky, its agencies, or political subdivisions, responsible by law for the licensing of persons for occupations. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 120, sec. 13, effective June 27, 2025. -- Amended 2017 Ky. Acts ch. 158, sec. 29, effective June 29, 2017. -- Created 1978 Ky. Acts ch. 210, sec. 1, effective June 17, 1978.

KRS 335B.020 Disqualification from public employment or occupational license because of prior criminal conviction prohibited -- Items submitted by applicant -- Rebuttable presumption for person who obtains certificate of employability under KRS 196.281

335B.020. Disqualification from public employment or occupational license because of prior criminal conviction prohibited -- Items submitted by applicant -- Rebuttable presumption for person who obtains certificate of employability under KRS 196.281 (1) A person shall not be disqualified from public employment or from pursuing, practicing, or engaging in any occupation for which a license is required solely because of a: (a) Prior conviction of a crime, unless the crime for which the person was convicted directly relates to the position of employment sought or the occupation for which the license is sought; or (b) Finding that an applicant lacks good character or fails to meet any other similar standard where a criminal conviction is the sole basis for the finding. (2) In determining if a conviction directly relates to the position of public employment sought or the occupation for which the license is sought, the hiring or licensing authority shall consider items submitted by the applicant, which may i nclude: (a) The individual's criminal history, including but not limited to: 1. The nature and seriousness of the crime; 2. The individual's age when the offense was committed; 3. The length of time since the offense was committed; 4. The relationship of the crime to the public employment position sought or the occupation for which the license is sought; and 5. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibi lities of the public employment position or licensed occupation; (b) Any bonding requirements for the occupation for which the license is sought; and (c) Any evidence of rehabilitation submitted by the applicant, including but not limited to evidence related to the person's compliance with any conditions of community supervision, parole, or mandatory supervision, the conduct and work activity of the person, treatment undertaken by the person, and testimonials or personal reference statements. (3) There shall be a rebuttable presumption for any occupational license that requires good moral character that the person applying for the license is of good moral character if, after the criminal conviction, the person obtains a certificate of employability pursuant to KRS 196.281 and the certificate has not been revoked. This rebuttable presumption shall not apply if the conviction would qualify the individual as a registrant as defined in KRS 17.500. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 64, se c. 4, effective July 15, 2026; and ch. 72, sec. 3, effective April 10, 2026. -- Amended 2017 Ky. Acts ch. 158, sec. 30, effective June 29, 2017. -- Created 1978 Ky. Acts ch. 210, sec. 2, effective June 17, 1978. Legislative Research Commission Note (7/15/2026). This statute was amended by 2026 Ky. Acts chs. 64 and 72, which do not appear to be in conflict and have been codified together.

KRS 335B.025 Findings of General Assembly

335B.025. Findings of General Assembly The General Assembly finds a compelling public interest in removing barriers to employment opportunities and occupational licenses for citizens of the Commonwealth who have been convicted of a crime. Employers can increase their hiring prospects by offering positions to this historically untapped pool of workers who have taken rehabilitative steps in preparation for participation in the workforce so they may reenter society as productive citizens rather than being defined by a past crime. Effective: April 10, 2026 History: Created 2026 Ky. Acts ch. 72, sec. 1, effective April 10, 2026.

KRS 335B.030 Written findings of fact when denying position of public employment or license based on prior criminal conviction -- Connection between prior conviction and license sought required -- Hearings and appeals -- Burden of proof

335B.030. Written findings of fact when denying position of public employment or license based on prior criminal conviction -- Connection between prior conviction and license sought required -- Hearings and appeals -- Burden of proof (1) (a) If, after evaluating the evidence as described in KRS 335B.020(2), a hiring or licensing authority denies an individual a position of public employment or a license solely because of the individual's prior conviction of a crime, the hiring or licensing authority shall provide the individual with written findings of fact, including but not limited to the following: 1. The grounds and reasons for the denial or disqualification, citing facts as they relate to specific items of consideration in KRS 335B.020(2); 2. That the individual has the right to a hearing conducted in accordance with KRS Chapter 13B, if written request for hearing is made within ten (10) working days after service of notice; 3. The earliest date the person may reapply for a position of public employment or a license; and 4. That new or previously submitted evidence of rehabilitation may be considered upon reapplication. (b) Any party aggrieved by a final order issued by a hiring or licensing authority after a hearing under this subsection may appeal to Franklin Circuit Court or the Circuit Court of the county in which the appealing party resides in accordance with KRS Chapter 13B. (2) (a) A hiring or licensing authority shall not disqualify an individual from a position of public employment or from pursuing, practicing, or engaging in any occupation for which a license is required solely because of the individual's prior conviction of a crime, unless the authority provides the individual with a written notice that the authority has determined that the pri or conviction may disqualify the person, demonstrates the connection between the prior conviction and the position of public employment or license being sought, and affords the individual an opportunity to be personally heard before the board prior to the board making a decision on whether to disqualify the individual. If the position of public employment or license is denied after the person was heard, the hiring or licensing authority shall notify the individual in writing of the following: 1. The grounds and reasons for the denial or disqualification; 2. That the individual has the right to a hearing conducted in accordance with KRS Chapter 13B, if a written request for hearing is made within ten (10) working days after service of notice; 3. The earliest date the person may reapply for a position of public employment or license; and 4. That evidence of rehabilitation may be considered upon reapplication. (b) Any party aggrieved by a final order issued by a hiring or licensing authority after a hearing under this subsection may appeal to Franklin Circuit Cou rt or the Circuit Court of the county in which the appealing party resides in accordance with KRS Chapter 13B. (3) In any administrative hearing or civil litigation authorized under this section, the hiring or licensing authority shall carry the burden of proof on the question of whether the prior conviction directly relates to the position of public employment sought or the occupation for which the license is sought. Effective: April 10, 2026 History: Amended 2026 Ky. Acts ch. 72, sec. 4, effective April 10, 2026. -- Amended 2017 Ky. Acts ch. 158, sec. 31, effective June 29, 2017. -- Amended 1996 Ky. Acts ch. 318, sec. 312, effective July 15, 1996. -- Created 1978 Ky. Acts ch. 210, sec. 3, effective June 17, 1978.

KRS 335B.032 Determination of whether conviction of crime disqualifies individual from employment or occupation -- Application policy -- Administrative regulations -- Report

335B.032. Determination of whether conviction of crime disqualifies individual from employment or occupation -- Application policy -- Administrative regulations -- Report (1) Any hiring or licensing authority that considers a criminal background check as part of its application process shall establish and implement a process by which an individual who has been convicted of a crime can obtain a determination about whether the crime will disqualify the individual from a position of public employment or an occupation for which a professional license is required. (2) When a criminal background check is required by a hiring or licensing authority under subsection (1) of this section, an individual may submit his or her application and have that application considered by the authority before pursuing any training or specialized education that is required for the position of public employment or an occupation for which a professional license is required. A hiring or licensing authority shall: (a) Request that the individual submit the information listed in KRS 335B.020(2) to the hiring or licensing authority within a reasonable time as determined by the authority; (b) Afford the individual an opportunity for an in -person, telephone, or video hearing; and (c) Evaluate the applicant's testimony and the evidence of items listed in KRS 335B.020(2) and determine if the conviction relates to the position of public employment sought or the occupation for which a license is sought prior to taking any action on the application. (3) A determination made in accordance with this section that a person is not disqualified from a position of public employment or an occupation for which a professional license is required due to criminal history shall be binding upon a hiring or licensing authority unless, at the time a full application for a position of public employment or an occupation for which a license is required is submitted, the applicant has subsequently been convicted of a crime or has any previously undisclosed convictions of a crime. (4) A hiring or licensing authority shall display on its website its application policy and procedures pertaining to an individual with a criminal background. The application instructions shall include the following: (a) That the application process may include a background check by the Department of Kentucky State Police or the Administrative Office of the Courts and may require the applicant to submit to fingerprinting; (b) That a criminal conviction may disqualify an applicant from obtaining a position of public employment or an occupational license; and (c) That the applicant shall submit the information described in KRS 335B.020(2) to the hiring or licensing authority within a reasonable time determined by the authority. (5) A hiring or licensing authority shall provide the public notice as described in subsection (4) of this section: (a) To all applicants within fourteen (14) days of application or selection for an interview; and (b) To educational institutions that provide education and training in the areas of study requiring an occupational license to practice for prospective applicants. (6) A hiring or licensing authority shall: (a) No later than January 1, 2027: 1. Formulate policies and procedures as necessary to carry out the provisions of this section; and 2. Promulgate administrative regulations in accordance with KRS Chapter 13A related to this section; and (b) Provide the Legislative Research Commission for referral to the Interim Joint Committee on Licensing, Occupations, and Administrative Regulations a report by November 1, 2027, to confirm that an application process as described in this section has been established and is being utilized. Effective: April 10, 2026 History: Created 2026 Ky. Acts ch. 72, sec. 2, effective April 10, 2026.

KRS 335B.034 Application of KRS 335B.032

335B.034. Application of KRS 335B.032 KRS 335B.032 shall not apply to: (1) Cities; (2) Counties; (3) Urban-county governments; (4) Charter county governments; (5) Consolidated local governments; (6) Unified local governments; (7) Any political subdivision of any entity listed in subsections (1) to (6) of this section; or (8) The Department of Financial Institutions within the Public Protection Cabinet, as described in KRS 12.020, when acting as a licensing authority. Effective: April 10, 2026 History: Created 2026 Ky. Acts ch. 72, sec. 5, effective April 10, 2026.

KRS 335B.035 Requirement or use of diversity, equity, and inclusion training by licensing authority in licensure or disciplinary decisions or actions prohibited

335B.035. Requirement or use of diversity, equity, and inclusion training by licensing authority in licensure or disciplinary decisions or actions prohibited (1) A licensing authority shall not require diversity, equity, and inclusion training as a prerequisite for an initial or renewal license. (2) A licensing authority shall not use an applicant's or licensee's lack of diversity, equity, and inclusion training as a reason to: (a) Discipline an applicant or licensee; or (b) Deny, suspend, revoke, or otherwise restrict a license. (3) Any diversity, equity, and inclusion training requirement for applicants or licensees enforced by a licensing authority prior to June 27, 2025, is void. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 120, sec. 12, effective June 27, 2025.

KRS 335B.040 Repealed, 2017

335B.040. Repealed, 2017 Catchline at repeal: Denial of license on ground of absence of good moral character. History: Repealed 2017 Ky. Acts ch. 158, sec. 33, effective June 29, 2017. -- Created 1978 Ky. Acts ch. 210, sec. 4, effective June 17, 1978.

KRS 335B.050 Repealed, 1996

335B.050. Repealed, 1996 Catchline at repeal: Review of denial by Franklin Circuit Court. History: Repealed 1996 Ky. Acts ch. 318, sec. 357, effective July 15, 1996. -- Created 1978 Ky. Acts ch. 210, sec. 5, effective June 17, 1978.

KRS 335B.060 KRS 335B.020 to 335B.070 supersedes all other laws and regulations governing public employment of ex criminal offenders -- Exceptions

335B.060. KRS 335B.020 to 335B.070 supersedes all other laws and regulations governing public employment of ex criminal offenders -- Exceptions Except for peace officers and other law enforcement personnel and unless preempted by federal law, the provisions of KRS 335B.020 to 335B.070 shall prevail over any other laws, rules and regulations which purport to govern the granting, denial, renewal, suspension, or revocation of a license or the initiation, suspension, or termination of public employment on the grounds of conviction of a crime or crimes. Effective:June 29, 2017 History: Repealed, reenacted, and amended 2017 Ky. Acts ch. 158, sec. 32, effective June 29, 2017. -- Created 1978 Ky. Acts ch. 210, sec. 6, effective June 17, 1978.

KRS 335B.070 Exceptions

335B.070. Exceptions The provisions of KRS 335B.020 to 335B.060 shall not apply to: (1) The practice of law; but nothing in this section shall be construed to preclude the Supreme Court in its discretion, from adopting the policies set forth in KRS 335B.020 to 335B.060. (2) Deputy sheriffs, deputy constables, patrol or other nonelective peace officers or deputy peace officers, for whom qualifications are set forth in KRS 61.300. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 210, sec. 7, effective June 17, 1978.

KRS 335B.075 Collection of data by licensing authorities -- Licensee may decline use -- Reporting. (Effective January 1, 2028)

335B.075. Collection of data by licensing authorities -- Licensee may decline use -- Reporting. (Effective January 1, 2028) (1) Each licensing authority listed in subsection (4) of this section shall collect the following data using a data collection app lication, during the annual, biennial, or triennial licensure renewal process: (a) Licensee's personal information, including but not limited to: 1. The licensee's first, middle, and last name; 2. Date of birth; 3. Mailing address, email address, and phone number; 4. Physical address of all practice locations; 5. License type; 6. License number and date of issuance; 7. License expiration; and 8. National Provider Identifier number; and (b) Workforce participation information, including but not limited to: 1. Degree level or certificates completed; 2. Employment type; 3. Employment specialty; 4. Employment setting; 5. Employment status, including but not limited to: a. Actively employed in respective field; b. Actively employed in a clinical setting, either in person or through telehealth, or both; c. Actively employed outside of respective field; d. Unemployed but seeking work in respective field; or e. Unemployed but not seeking work in resp ective field; 6. Reason for unemployment, if applicable; and 7. Ability to meet patient needs of those covered under the federal Americans with Disabilities Act. (2) Data collected pursuant to subsection (1) of this section shall not include a licensee's Social Security number. (3) Licensees may notify the licensing authority if the licensee wishes to decline the use of data collected under subsection (1)(a) of this section to be made available to other employers or agencies for free or for purchase. (4) The following licensing authorities are subject to the requirements of this section: (a) Professional licensure boards as defined in KRS 211.332; (b) Kentucky Board for Medical Imaging and Radiation Therapy established in KRS 311B.030; (c) State Board of Podiatry established in KRS 311.410; and (d) Kentucky Department for Public Health, in regard to community health workers certified under KRS 309.462. (5) Each licensing authority listed in subsection (4) of this section shall report as necessary, and upon request, the data collected under subsection (1) of this section to the Office of the Kentucky Center for Statistics established in KRS 151B.132 and the Cabinet for Health and Family Services for workforce capacity and workforce reporting and tracking purposes. Effective: January 1, 2028 History: Created 2026 Ky. Acts ch. 79, sec. 1, effective January 1, 2028. Legislative Research Commission Note (1/1/2028). 2026 Ky. Acts ch. 79, sec. 4, provides: "Each licensing authority required to collect data in accordance with Section 1 of this Act [this statute] shall have until the licensing authority's next licensure renewal date following the effective date of this Act [January 1, 2028] to comply with the collection requirement."

KRS 335B.080 Definitions for KRS 335B.080 to 335B.100

335B.080. Definitions for KRS 335B.080 to 335B.100 As used in KRS 335B.080 to 335B.100, unless the context otherwise requires: (1) "Default" means the failure to repay a loan according to the terms agreed to in the promissory note; (2) "Delinquency" means the failure to make loan payments when they are due; (3) "License" means any license, permit, certificate, registration, or other means required to engage in an occupation that is granted or issued by the Commonwealth of Kentucky, its agents, or political subdivisions before a person may pursue, practice, or engage in any occupation; (4) "Licensing authority" means the person, board, commission, or department of the Commonwealth of Kentucky, its agencies, or political subdivisions, responsible by law for the licensing of persons for occupations; (5) "Scholarship" means an award of financial aid for a student to further the student's education; and (6) "Student loan" means a federally guaranteed or state-guaranteed loan for the purposes of postsecondary education. Effective: June 27, 2019 History: Created 2019 Ky. Acts ch. 6, sec. 1, effective June 27, 2019.

KRS 335B.090 Suspension or revocation of occupational license on the basis of scholarship or student loan default or delinquency is prohibited

335B.090. Suspension or revocation of occupational license on the basis of scholarship or student loan default or delinquency is prohibited (1) For any person who is in default or delinquent in the payment of his or her student loan: (a) The licensing authority that governs the person's occupation shall not suspend or revoke the license it has issued to that person solely on the basis of the default or delinquency; and (b) That person is encouraged to contact the appropriate student loan servicer to establish a voluntary pay agreement for the student loan. (2) For any person who is in default or delinquent in satisfying the requirements of his or her work-conditional scholarship, the licensing authority that governs the person's occupation shall not suspend or revoke the license it has issued to that person solely on the basis of the default or delinquency. Effective: June 27, 2019 History: Created 2019 Ky. Acts ch. 6, sec. 2, effective June 27, 2019.

KRS 335B.100 Purpose of KRS 335B.080 to 335B.100

335B.100. Purpose of KRS 335B.080 to 335B.100 The purpose of KRS 335B.080 to 335B.100 is to ensure that hard-working Americans keep their occupational licenses while struggling to pay off student loan debt, keeping them out of welfare, out of poverty, and in the workforce. Effective: June 27, 2019 History: Created 2019 Ky. Acts ch. 6, sec. 3, effective June 27, 2019.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38881Fetched: 10/20/2026