| (a) Subject to subsection (b) of this section, the
Texas Health and Human Services Commission (HHSC) may disqualify an
applicant or licensee from taking an examination required by §555.18
of this chapter (relating to Examinations and Requirements to Take
the Examinations), may deny an initial or renewal application for
licensure, or impose a sanction listed in §555.57 of this chapter
(relating to Schedule of Sanctions) if the applicant or licensee has
been convicted of:
(1) committing an offense listed in Texas Health and
Safety Code §250.006(a) or (c); or
(2) committing an offense listed in Texas Health and
Safety Code §250.006(b) within the five years before application
for licensure.
(b) Convictions under federal law or the laws of another
state or nation for offenses containing elements similar to offenses
listed in subsection (a) of this section may be a basis for HHSC denying
an initial application or imposing sanctions.
(c) A notice required under subsection (d) of this
section must contain a statement that the applicant or licensee is
disqualified from receiving the license or being examined for the
license because of the applicant's or licensee's prior conviction
of an offense specified in the notice, as provided in subsection (a)(1)
and (2) of this section.
(d) If HHSC suspends or revokes a license, or denies
an applicant or licensee a license or the opportunity to be examined
for a license because of the applicant's or licensee's prior conviction
of an offense, HHSC notifies the person in writing of:
(1) the reason for the suspension, revocation, denial,
or disqualification;
(2) the procedure for judicial review; and
(3) the earliest date the applicant or licensee may
appeal HHSC's action.
|
| Source Note: The provisions of this §555.41 adopted to be effective June 1, 2004, 29 TexReg 4233; amended to be effective June 1, 2009, 34 TexReg 2795; amended to be effective September 1, 2010, 35 TexReg 6832; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1880; amended to be effective November 14, 2021, 46 TexReg 7791; amended to be effective September 18, 2024, 49 TexReg 7339 |
