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OPLC‑requested bill on rulemaking authority for therapists advances to subcommittee; FBI wording for background checks highlighted
Summary
Representative McGuire presented House Bill 214, which clarifies rulemaking authority for recreational therapists and respiratory care practitioners. OPLC asked the committee for specific statutory phrasing—naming the executive director or a designee—when statutes authorize FBI fingerprint checks to avoid months‑long FBI legal review delays.
House Bill 214, presented by Representative Carol McGuire at the request of the Office of Professional Licensure and Certification (OPLC), clarifies various statutory rulemaking authorities for recreational therapists and respiratory care practitioners and includes provisions relating to background checks for health professions.
Representative McGuire introduced the bill as a request from OPLC to tidy statutory grant-of‑authority language and align background‑check provisions across similar licensing statutes. Committee discussion centered on the phrasing used when statutes authorize dissemination of FBI fingerprint‑supported criminal history records. OPLC and state police witnesses told the panel that overly broad language such as "the office" can slow or block the FBI legal unit’s review. The FBI legal unit requires specific recipient titles (for example, "executive director" or an explicit named position and designee) and will only perform a legal review after the statute is enacted. This review can take many months; until the FBI approves dissemination language the state police cannot legally share FBI records for licensing purposes under the new statute.
Nick Fry of OPLC recommended adopting statutory language that includes either the executive director title or similarly specific titles/designees to reduce the risk of protracted FBI review delays. The committee asked staff to examine statutes that had previously gained FBI approval and to consider a model clause for future license statutes that require federal fingerprint checks.
The hearing concluded with the committee referring HB 214 to subcommittee for technical review. OPLC will assist drafting language to increase the likelihood of prompt FBI legal approval if the bill proceeds.
