| (a) The Texas Health and Human Services Commission
(HHSC) may deny a person or entity a license or suspend or revoke
an existing license on the grounds that the person or entity has been
convicted of a felony or misdemeanor that directly relates to the
duties and responsibilities of the ownership or operation of a facility.
(b) In determining whether a criminal conviction directly
relates, HHSC shall apply the requirements and consider the provisions
of Texas Occupations Code Chapter 53 (relating to Consequences of
Criminal Conviction).
(c) The following felonies and misdemeanors directly
relate to the duties and responsibilities of the ownership or operation
of a health care facility because these criminal offenses indicate
an ability or a tendency for the person to be unable to own or operate
a facility:
(1) a misdemeanor violation of the Act;
(2) a misdemeanor or felony involving moral turpitude;
(3) a misdemeanor or felony relating to deceptive business
practices;
(4) a misdemeanor or felony of practicing any health-related
profession without a required license;
(5) a misdemeanor or felony under any federal or state
law relating to drugs, dangerous drugs, or controlled substances;
(6) a misdemeanor or felony under Texas Penal Code
(TPC) Title 5, involving a patient or a client of any health care
facility, a home and community support services agency or a health
care professional;
(7) a misdemeanor or felony under TPC:
(A) Title 4, concerning offenses of attempting or conspiring
to commit any of the offenses in this paragraph;
(B) Title 5, concerning offenses against the person;
(C) Title 7, concerning offenses against property;
(D) Title 8, concerning offenses against public administration;
(E) Title 9, concerning offenses against public order
and decency;
(F) Title 10, concerning offenses against public health,
safety, and morals; or
(G) Title 11, concerning offenses involving organized
crime.
(8) Offenses listed in this subsection are not exclusive
in that HHSC may consider similar criminal convictions from other
state, federal, foreign, or military jurisdictions that indicate an
inability or tendency for the person or entity to be unable to own
or operate a facility.
(d) HHSC shall revoke a license on the licensee's imprisonment
following a felony conviction, felony community supervision revocation,
revocation of parole, or revocation of mandatory supervision.
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