|(a) Registration as a director, manager or employee
of a licensed dispensing organization provides these individuals access
to sensitive medical information, drugs, and the equipment and raw
materials needed to produce drugs. Registration provides those predisposed
to commit fraud, theft and drug related crimes with greater opportunities
to engage in such conduct and escape detection or prosecution. Therefore,
the department has determined that offenses of the types detailed
in subsection (b) of this section directly relate to the duties and
responsibilities of those who are registered under the Act. Such offenses
include crimes under the laws of another state or the United States,
if the offense contains elements that are substantially similar to
the elements of an offense under the laws of this state. Such offenses
also include those "aggravated" or otherwise enhanced versions of
the listed offenses.
(b) The list of offenses in this subsection is intended
to provide guidance only and is not exhaustive of either the offenses
that may relate to the regulated occupation or of those independently
disqualifying under Texas Occupations Code, §53.021(a)(2) - (4).
The listed offenses are general categories that include all specific
offenses within the corresponding chapter of the Texas Penal Code
and Texas Health and Safety Code. In addition, after due consideration
of the circumstances of the criminal act and its relationship to the
position of trust involved in the particular licensed occupation,
the department may find that an offense not described in this subsection
also renders an individual unfit to hold a registration. In particular,
an offense that is committed in one's capacity as a registrant under
the Act, or an offense that is facilitated by one's registration under
the Act, will be considered related to the regulated occupation and
may render the individual unfit to hold the registration.
(1) Bribery--Any offense under the Texas Penal Code,
(2) Burglary and criminal trespass--Any offense under
the Texas Penal Code, Chapter 30.
(3) Fraud--Any offense under the Texas Penal Code,
(4) Perjury--Any offense under the Texas Penal Code,
(5) Robbery--Any offense under the Texas Penal Code,
(6) Theft--Any offense under the Texas Penal Code,
(7) Organized Crime--Any offense under the Texas Penal
Code, Chapter 71.
(8) Any offense under Texas Health and Safety Code,
Chapters 481, 482, or 483.
(9) In addition:
(A) An attempt to commit a crime listed in this subsection;
(B) Aiding and abetting in the commission of a crime
listed in this subsection; and
(C) Being an accessory before or after the fact to
a crime listed in this subsection.
(c) A felony conviction for an offense listed in subsection
(b) of this section is disqualifying for ten (10) years from the date
of the conviction.
(d) A Class A or B misdemeanor conviction for an offense
listed in subsection (b) of this section is disqualifying for five
(5) years from the date of conviction.
(e) Conviction for a felony or Class A offense that
does not relate to the occupation for which registration is sought
is disqualifying for five (5) years from the date of commission, pursuant
to Texas Occupations Code, §53.021(a)(2).
(f) Independently of whether the offense is otherwise
described or listed in subsection (b) of this section, a conviction
for an offense listed in Texas Code of Criminal Procedure, Article
42.12, §3g or Article 42A.054, or that is a sexually violent
offense as defined by Texas Code of Criminal Procedure, Article 62.001,
is permanently disqualifying subject to the requirements of Texas
Occupations Code, Chapter 53.
(g) Any unlisted offense that is substantially similar
in elements to an offense listed in subsection (b) of this section
is disqualifying in the same manner as the corresponding listed offense.
(h) A pending Class B misdemeanor charged by information
for an offense listed in subsection (b) of this section is grounds
(i) Any pending Class A misdemeanor charged by information
or pending felony charged by indictment is grounds for suspension.
(j) In determining the fitness to perform the duties
and discharge the responsibilities of the regulated occupation of
an individual against whom disqualifying charges have been filed or
who has been convicted of a disqualifying offense, the department
may consider evidence of:
(1) The extent and nature of the individual's past
(2) The age of the individual when the crime was committed;
(3) The amount of time that has elapsed since the individual's
last criminal activity;
(4) The conduct and work activity of the individual
before and after the criminal activity;
(5) Evidence of the individual's rehabilitation or
rehabilitative effort while incarcerated or after release;
(6) The date the individual will no longer be disqualified
under the provisions of this section; and
(7) Any other evidence of the individual's fitness,
including letters of recommendation from:
(A) Prosecutors or law enforcement and correctional
officers who prosecuted, arrested, or had custodial responsibility
for the individual; or
(B) The sheriff or chief of police in the community
where the individual resides.
(k) In addition to the documentation listed in subsection
(j) of this section, the applicant or registrant shall, in conjunction
with any request for hearing on a criminal history based denial, suspension
or revocation, furnish proof in the form required by the department
that the individual has:
(1) Maintained a record of steady employment;
(2) Supported the individual's dependents;
(3) Maintained a record of good conduct; and
(4) Paid all outstanding court costs, supervision fees,
fines and restitution ordered in any criminal case in which the individual
has been charged or convicted.
(l) The information listed in subsection (j) and subsection
(k) of this section must be submitted in conjunction with the request
for hearing, following notification of the proposed action and prior
to the deadline for submission of the request for hearing.