(a) The provisions of this section shall apply to all
types of licensees under this subchapter, notwithstanding the provisions
of §442.103 of this title (relating to Procedure for Contested
Cases for Counselor and Facility Licenses), and shall not limit the
authority of the department to take any other action against a license,
registration, or certification, or the holder of, or applicant for,
a license, registration, or certification, under §140.431 of
this title (relating to Criminal History Standards), or as otherwise
authorized by applicable statute or rule.
(b) The department may take action as authorized under
subsection (c) of this section if an applicant for, or holder of,
a license, registration, or certification issued under this subchapter:
(1) violates or assists another to violate the Act,
a rule under this subchapter, or an Order issued under the Act or
this subchapter's rules;
(2) circumvents or attempts to circumvent the Act or
a rule under this subchapter;
(3) directly or indirectly participates in a plan to
evade the Act or a rule under this subchapter;
(4) has a license to practice chemical dependency counseling
in another jurisdiction refused, suspended, or revoked for a reason
that the department determines would constitute a violation of the
Act or a rule under this subchapter;
(5) engages in false, misleading, or deceptive conduct
as defined by Business and Commerce Code, §17.46;
(6) engages in conduct that discredits or tends to
discredit the profession of chemical dependency counseling;
(7) directly or indirectly reveals a confidential communication
made to the person by a client or recipient of services, except as
required or permitted by law;
(8) refuses to perform an act or service the person
is licensed to perform under this subchapter on the basis of the client's
or recipient's age, sex, race, religion, national origin, color, or
political affiliation; or
(9) commits an act for which liability exists under
Civil Practice and Remedies Code, Chapter 81 (Relating to Sexual Exploitation
By Mental Health Services Provider).
(c) Where grounds exist to take action against a person,
against a license, certification, or registration issued under this
subchapter, or against an applicant or holder of a license, certification,
or registration issued under this subchapter, the department may:
(1) deny, refuse to issue, or refuse to renew a license,
certification, or registration;
(2) revoke or suspend a license, certification, or
registration;
(3) probate a suspension of a license, certification,
or registration;
(4) impose an administrative penalty against a person
who violates the Act or a rule under this subchapter; or
(5) issue a reprimand against the applicable license
holder.
(d) The department will determine the length of the
probation or suspension. If the department probates the suspension
of a license, certification, or registration, the department may require
the holder of the applicable license to:
(1) report regularly to the department on matters that
are the basis of the probation;
(2) limit practice to the areas prescribed by the department;
or
(3) complete additional educational requirements, as
required by the department to address the areas of concern that are
the basis of the probation.
(e) An individual whose license, registration, or certification
is revoked under this subchapter is not eligible to apply for a license,
registration, or certification under this subchapter for a minimum
of two years after the date of revocation. The department may consider
the findings that resulted in revocation and any other relevant facts
in determining whether to deny the application under this section,
or as otherwise permitted by law, if an otherwise complete and sufficient
application for a license, registration, or certification is submitted
after two years have elapsed since revocation.
(f) A voluntary surrender accepted by the department
in response to a complaint under §140.429 of this title (relating
to Voluntary Surrender of License, Certification, or Registration
In Response to a Complaint) shall be deemed to be the result of a
formal disciplinary action as provided for in that section.
(g) The department, upon determination that grounds
may exist to take disciplinary action, shall issue a notice of violation
notifying the respondent of the proposed action.
(1) The notice letter shall be sent via regular first-class
and certified mail to the respondent's address of record.
(2) The notice shall specify:
(A) the statutes, rules, or orders allegedly violated;
(B) the factual basis of the alleged violations;
(C) the disciplinary action the department intends
to take; and
(D) notice of an opportunity for a hearing to be held
under the Administrative Procedure Act, Texas Government Code, Chapter
2001.
(3) If the department is proposing to assess an administrative
penalty, the letter shall also inform the respondent of the amount
of the proposed penalty and of the opportunity for a hearing on the
occurrence of the violation, the amount of the penalty, or both.
(4) The letter shall also include the following notices:
(A) If the respondent does not request a hearing on
or before the 20th day after notice is effective, the allegations
will be deemed true and the department will issue a default final
order implementing the proposed action.
(B) Notice is effective three days after the date of
mailing.
(h) A respondent must submit a timely written request
for a hearing to avoid having the allegations in the notice letter
deemed true and a default order implementing the proposed action issued
by the department. The request for hearing is timely if filed with
the department or postmarked on or before the 20th day after the notice
is effective. If the respondent fails to timely file a request for
a hearing, the factual allegations of the notice letter may be deemed
true and shall form the basis of a default final order by the department
making findings of fact and conclusions of law consistent with the
notice of violation, and implementing the proposed action.
(i) The department shall implement a final order to
suspend a license issued under this subchapter for failure to pay
child support as provided by the Texas Family Code, Chapter 232.
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