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AGENCY Texas Department of Licensing and Regulation
ISSUE 07/29/2016
ACTION Miscellaneous

Public Notice - Criminal Conviction Guidelines

The Texas Commission of Licensing and Regulation (Commission) provides this public notice that, at its regularly scheduled meeting held June 22, 2016, the Commission adopted amendments to the Texas Department of Licensing and Regulation's (Department's) Criminal Conviction Guidelines pursuant to Texas Occupations Code §53.025(a). The Criminal Conviction Guidelines are updated from the original guidelines published on December 5, 2003 (28 TexReg 11018) to include the Orthotics and Prosthetics program.

The Criminal Conviction Guidelines (guidelines) describe the process by which the Department determines whether a criminal conviction renders an applicant an unsuitable candidate for the license, or whether a conviction warrants revocation or suspension of a license previously granted. The guidelines present the general factors that are considered in all cases and the reasons why particular crimes are considered to relate to each type of license issued by the Department.

Senate Bill 202, 84th Legislature, Regular Session (2015), transferred the Orthotics and Prosthetics program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation and amended Texas Occupations Code, Chapter 605. The statutory changes were effective September 1, 2015; the adopted rules will be effective October 1, 2016; and the Department will officially commence all regulatory functions for the Orthotics and Prosthetics program on October 3, 2016.

The Criminal Conviction Guidelines for the Orthotics and Prosthetics program will become a part of the overall guidelines that are already in place for other Department programs. The Department presented the applicable guidelines to the Orthotists and Prosthetists Advisory Board at its meeting on May 19, 2016, and received the Board's recommendation of approval.

The Criminal Conviction Guidelines for the Orthotics and Prosthetics program are as follows:

Crimes against the person such as homicide, kidnapping and assault.

Reasons:

1. Licensees interact with adults, the elderly, the disabled and children in a medical provider/patient role. Persons who have a history of committing such crimes would pose a danger to the patients or others.

2. These occupations involve close proximity to and physical contact with patients and their caregivers, family and friends in residences and private offices.

3. These occupations provide persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving prohibited sexual conduct.

Reasons:

1. Licensees interact with adults, the elderly, the disabled and children in a medical provider/patient role. Persons who have a history of committing such crimes would pose a danger to the patients or others.

2. These occupations involve close proximity to and physical contact with patients and their caregivers, family and friends in residences and private offices.

3. These occupations provide persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving children, the elderly or the disabled as victims.

Reasons:

1. Licensees interact with adults, the elderly, the disabled and children in a medical provider/patient role. Persons who have a history of committing such crimes would pose a danger to the patients or others.

2. These occupations involve close proximity to and physical contact with patients and their caregivers, family and friends in residences and private offices.

3. These occupations provide persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes against property such as theft or burglary.

Reasons:

1. Licensees interact with adults, the elderly, the disabled and children in a medical provider/patient role. Persons who have a history of committing such crimes would pose a risk to the property of the patients.

2. These occupations involve close proximity to and physical contact with patients and their caregivers, family and friends in residences and private offices.

3. Licensees would have access to the property of patients and their caregivers, family and friends.

4. These occupations provide persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving fraud or deceptive trade practices.

Reasons:

1. Licensees interact with adults, the elderly, the disabled and children in a medical provider/patient role. Persons who have a history of committing such crimes would pose a danger to the patients and their property.

2. These occupations involve close proximity to and physical contact with patients and their caregivers, family and friends in residences and private offices.

3. Licensees would have access to the property of patients and their caregivers, family and friends in residences and offices.

4. Licensees are potentially involved in the billing of clients, filing of insurance claims and filing of government documents.

5. These occupations provide persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving the possession, possession with intent to deliver, possession with intent to distribute, delivery, distribution or manufacture of drugs.

Reasons:

1. Licensees interact with adults, the elderly, the disabled and children in a medical provider/patient role. Persons who have a history of committing such crimes would pose a danger to the patients or others.

2. These occupations involve close proximity to and physical contact with patients and their caregivers, family and friends in residences and private offices.

3. Children and adult patients who use pain medication or other medications are potentially vulnerable to someone who may wish to illegally sell or otherwise distribute drugs, or to enlist the aid of a patient in obtaining drugs for the licensee.

4. Persons who have a history of drug possession or dealing could potentially have drugs in their systems which would make them a danger to themselves or others.

5. These occupations provide persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving being under the influence of alcohol or drugs.

Reasons:

1. Licensees interact with adults, the elderly, the disabled and children in a medical service provider/patient role. Persons who have a history of committing such crimes would pose a danger to the patients or others.

2. These occupations involve close proximity to and/or physical contact with patients and their caregivers, family and friends in residences and private offices.

3. While working with patients, licensees use dangerous instruments such as knives, scalpels and other blades.

4. Persons with this type of criminal history could potentially have alcohol or drugs in their systems which would make them a danger to their patients or others.

A copy of the complete Criminal Conviction Guidelines is posted on the Department's website and may be obtained at www.tdlr.texas.gov. You may also contact the Enforcement Division at (512) 539-5600 or by email at enforcement@tdlr.texas.gov to obtain a copy of the complete guidelines.

TRD-201603587

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: July 20, 2016



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