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TITLE 22EXAMINING BOARDS
PART 21TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
CHAPTER 463APPLICATIONS AND EXAMINATIONS
SUBCHAPTER GCRIMINAL HISTORY AND LICENSE ELIGIBILITY
RULE §463.40Licensing of Persons with Criminal Convictions

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 501 (Psychologists Licensing 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 §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 psychology;

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

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

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

  (12) any criminal violation of §22.04 (injury to a child, elderly individual, or disable 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 §463.40 adopted to be effective June 1, 2021, 46 TexReg 3397

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