| (a) HHSC may suspend or revoke an existing permit,
deny a permit, or deny a person the opportunity to take the examination
for a permit if the person has been convicted of a felony or misdemeanor
offense that directly relates to the duties and responsibilities of
a medication aide.
(b) When considering whether a criminal conviction
directly relates to the duties and responsibilities of a medication
aide, HHSC considers:
(1) that the following offenses may reflect an actual
or potential inability to perform as a medication aide:
(A) the misdemeanor of knowingly or intentionally acting
as a medication aide without a permit issued under the Texas Health
and Safety Code, Chapter 242;
(B) any conviction for an offense listed in §250.006
of the Texas Health and Safety Code;
(C) any conviction, other than a Class C Misdemeanor,
for an offense defined under Texas Penal Code, Chapter 22, as assault;
sexual assault; intentional exposure of another to AIDS or HIV; aggravated
assault or sexual assault; injury to a child, elderly person, or person
with disabilities; or aiding suicide;
(D) any conviction, except Class C Misdemeanors, with
a final disposition within the last ten years, for an offense defined
in the Texas Penal Code as burglary under Chapter 30; theft under §31.03;
sale or display of harmful material to minors; sexual performance
by a child; and possession or promotion of child pornography;
(E) any conviction for an offense defined in the Texas
Penal Code as an attempt, solicitation, conspiracy, or organized criminal
activity to commit any offense listed in subparagraphs (B) - (D) of
this paragraph; and
(F) any conviction under United States statutes or
jurisdiction other than Texas for any offense equivalent to those
listed in subparagraphs (B) - (E) of this paragraph;
(2) the extent to which a permit might offer an opportunity
to engage in further criminal activity of the same type as that in
which the person previously had been involved; and
(3) the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibilities
of a medication aide.
(c) If HHSC determines that a conviction directly relates
to the duties and responsibilities of a medication aide, HHSC considers
the following factors in determining whether to take an action authorized
under subsection (a) of this section, as described in Texas Occupations
Code §53.023 including:
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person when the crime was committed;
(3) the amount of time that has elapsed since the person's
last criminal activity;
(4) the conduct and work activity of the person before
and after the criminal activity;
(5) evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or after release;
(6) evidence of the person's compliance with any conditions
of community supervision, parole or mandatory supervision; and
(7) other evidence of the person's fitness, including
letters of recommendation.
(d) A person who is denied a permit, or who has a permit
suspended or revoked, due to his or her criminal background is given
notice in accordance with §557.123(d) and (e) of this chapter
(relating to Violations, Complaints, and Disciplinary Actions).
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