| (a) Pursuant to Texas Occupations Code §701.151(b)(2),
this section applies to initial applications, renewal applications,
and applications for reciprocal licenses.
(b) In determining the fitness of an applicant for
licensure, the department shall consider the following:
(1) the ability of an applicant to uphold the standards
and requirements of the profession; and
(2) the ethical behavior of an applicant in relationships
with other professionals and clients.
(c) In determining the fitness of an applicant for
licensure the department may request and consider any of the following:
(1) disciplinary actions taken by CDR against the applicant's
CDR registration;
(2) disciplinary actions taken by another jurisdiction
against the applicant's license, registration, or certification held
in another jurisdiction;
(3) transcripts or findings from official court, hearing,
or investigative proceedings; and
(4) any other information which the commission or department
considers pertinent to determining the fitness of an applicant.
(d) The following actions may be the basis for denying
an application:
(1) disciplinary action taken by CDR or another jurisdiction
against the applicant;
(2) misrepresentation of professional qualifications
or affiliations with associations;
(3) misrepresentation of nutrition services, dietary
supplements and the efficacy of nutrition services to clients;
(4) use of misleading or false advertising;
(5) violation of any provision of any federal or state
statute relating to confidentiality of client communication and/or
records;
(6) abuse of alcohol or drugs or the use of illegal
drugs of any kind in any manner which detrimentally affects the provision
of nutrition services;
(7) any misrepresentation in application or other materials
submitted to the department; and
(8) the violation of any commission rule in effect
at the time of application which is applicable to an unlicensed person.
|
