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TITLE 22EXAMINING BOARDS
PART 30TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS
CHAPTER 681PROFESSIONAL COUNSELORS
SUBCHAPTER CAPPLICATION AND LICENSING
RULE §681.164Licensing of Persons with Criminal Convictions

(a) The following felonies and misdemeanors directly relate to the duties and responsibilities of a licensee:

  (1) offenses listed in Article 42A.054 of the Code of Criminal Procedure;

  (2) a sexually violent offense, as defined by Article 62.001 of the Code of Criminal Procedure;

  (3) any felony offense wherein the judgment reflects an affirmative finding regarding the use or exhibition of a deadly weapon;

  (4) any criminal violation of Chapter 503 (Licensed Professional Counselor Act) of the Occupations Code;

  (5) any criminal violation of Chapter 35 (Insurance Fraud) or Chapter 35A (Medicaid Fraud) of the Penal Code;

  (6) any criminal violation involving a federal health care program, including 42 USC Section 1320a-7b (Criminal penalties for acts involving Federal health care programs);

  (7) any offense involving the failure to report abuse or neglect;

  (8) any state or federal offense not otherwise listed herein, committed by a licensee while engaged in the practice of professional counseling;

  (9) any criminal violation of Section 22.041 (abandoning or endangering a child) of the Penal Code;

  (10) any criminal violation of Section 21.15 (invasive visual recording) of the Penal Code;

  (11) any criminal violation of Section 43.26 (possession of child pornography) of the Penal Code;

  (12) any criminal violation of Section 22.04 (injury to a child, elderly individual, or disabled individual) of the Penal Code;

  (13) three or more drug or alcohol related convictions within the last 10 years, evidencing possible addiction that will have an effect on the licensee's ability to provide competent services; and

  (14) any attempt, solicitation, or conspiracy to commit an offense listed herein.


Source Note: The provisions of this §681.164 adopted to be effective February 9, 2021, 46 TexReg 911

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