| (a) A certified peer specialist, certified peer specialist
supervisor, or applicant for either certification must disclose and
provide to a certification entity complete information about all:
(1) misdemeanor and felony charges;
(2) indictments;
(3) deferred adjudications;
(4) episodes of community supervision or probation;
and
(5) convictions.
(b) Failure to make full and accurate disclosure under
subsection (a) of this section may be grounds for application denial
or disciplinary action, including revocation of the person's certification.
(c) If a certified peer specialist or certified peer
specialist supervisor is convicted of a crime listed in subsection
(d) of this section, the person must immediately report that information
to the certification entity.
(d) HHSC has identified the following offenses as offenses
directly related to the duties and responsibilities of a peer specialist
or peer specialist supervisor and has categorized them according to
the seriousness of the offense.
(1) Category 1 includes:
(A) capital offenses;
(B) sexual offenses involving a child victim;
(C) felony sexual offenses involving an adult victim
who is a client (one or more counts);
(D) multiple counts of felony sexual offenses involving
any adult victim; and
(E) 1st degree homicide.
(2) Category 2 includes:
(A) kidnapping;
(B) arson;
(C) homicide lesser than 1st degree;
(D) felony sexual offenses involving an adult victim
who is not a client (single count); and
(E) attempting to commit crimes in Category 1 or 2.
(3) Category 3 includes felony offenses that are not
listed separately in this section and that result in actual or potential
physical harm to others or animals.
(4) Category 4 includes:
(A) class A misdemeanor alcohol and drug offenses;
(B) class A misdemeanor offenses resulting in actual
or potential physical harm to others or animals;
(C) felony alcohol and drug offenses; and
(D) all other felony offenses not listed separately
in this section.
(5) Category 5 includes:
(A) class B misdemeanor alcohol and drug offenses;
and
(B) class B misdemeanor offenses resulting in actual
or potential physical harm to others or animals.
(e) A certification entity must deny the initial or
renewal application of a person who has been convicted or placed on
community supervision for a:
(1) category 1 offense during the person's lifetime;
(2) category 2 offense during the fifteen years preceding
the date of application;
(3) category 3 offense during the ten years preceding
the date of application;
(4) category 4 offense during the five years preceding
the date of application, unless, at the time of application, proceedings
have been dismissed and the person has been discharged after having
been placed on and completing community supervision following a deferred
adjudication; or
(5) category 5 offense during the three years preceding
the date of application.
(f) A certification entity must deny the initial or
renewal application of a person when there has been a finding of incapacity
based on mental defect or disease by a court in a criminal matter.
(g) When a person's application is denied under subsection
(e) or (f) of this section, the person may reapply when:
(1) the person receives a full pardon based on the
person's wrongful conviction;
(2) the criminal bar timeframes under which an individual
is not eligible to apply, as established in subsection (e) of this
section, have elapsed; or
(3) the person who had been found to be incapacitated
is found to be no longer incapacitated, in which case the provisions
of this section applicable to the status of the charge and prosecution
at that time will apply.
(h) A certification entity defers action on an initial
or renewal application for a person who has been charged or indicted
for an offense described in subsection (d) of this section. If the
person is convicted, placed on deferred adjudication, or placed on
community supervision for the offense, subsection (e) of this section
applies. If the charges are dismissed or the person is acquitted,
the application or renewal is processed without prejudice.
(1) The person remains subject to applicable renewal
requirements during the deferral.
(2) A certification renewal remains deferred under
this subsection until paragraph (4) of this subsection or subsection
(e) of this section applies.
(3) A certification entity sends notice stating the
reason for the deferral by certified mail to the certified peer specialist
or certified peer specialist supervisor at the address listed in the
certification entity's records.
(4) If no other bar exists at the time, the certification
entity restores a person's certification upon receipt of official
documentation that the charges have been dismissed or the person has
been acquitted, except that, where the dismissal follows a deferred
adjudication, the time frames set forth in subsection (e) of this
section apply.
(i) A person whose certification has been denied or
deferred under this section may appeal the action only if:
(1) the person was convicted or placed on community
supervision or deferred adjudication; and
(2) the person claims that the timeframes outlined
in subsection (e) of this section have elapsed.
(j) The provisions of this section do not limit the
ability to take any other action against a certified peer specialist,
certified peer specialist supervisor, or applicant for either certification
as otherwise authorized by law, rule, or certification entity policy.
(k) A certified peer specialist, certified peer specialist
supervisor, or applicant for either certification must not be listed
on the Employee Misconduct Registry, maintained by HHSC under Chapter
253 of the Texas Health and Safety Code.
(l) A certification entity may develop an exception
process for applicants with a criminal history that would require
application denial under subsection (e) of this section. An exception
process allows a certification applicant to request approval of the
person's application, despite required denial under this section,
due to extraordinary or extenuating circumstances specific to the
person's criminal history and events of that person's life since the
conviction.
(1) A certification entity's exception process must
be documented and must be approved by HHSC.
(2) A certification entity's exception process may
not apply to subsection (k) of this section.
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