Texas Register

TITLE 22 EXAMINING BOARDS
PART 35TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS
CHAPTER 801LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER CAPPLICATIONS AND LICENSING
RULE §801.206Licensing of Persons with Criminal Convictions
ISSUE 02/05/2021
ACTION Final/Adopted
Preamble Texas Admin Code Rule

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

  (1)offenses listed in Articles 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 502 (Licensed Marriage and Family Therapist 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 §130a-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 marriage and family therapy;

  (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 crimination violation of §43.26 (Possession of Child Pornography) of the Penal Code;

  (12)any criminal violations of §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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 20, 2021

TRD-202100279

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Marriage and Family Therapists

Effective date: February 9, 2021

Proposal publication date: October 2, 2020

For further information, please call: (512) 305-7706



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