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 Athletic Trainers 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 Athletic Trainers program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation and amended Texas Occupations Code, Chapter 451. The statutory changes were effective September 1, 2015; the adopted rules will be effective October 1, 2016; and the Department will commence all regulatory functions for the Athletic Trainers program on October 3, 2016.

The Criminal Conviction Guidelines for the Athletic Trainers 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 Advisory Board of Athletic Trainers at its meeting on May 23, 2016, and received the Board's recommendation of approval.

The Criminal Conviction Guidelines for the Athletic Trainers program are as follows:

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

Reasons:

1. Licensees physically interact with adults and children in an athletic trainer/client role. Individuals who have committed crimes of this nature would pose a potential danger to the clients.

2. Licensees are in a relationship of trust with their clients.

3. The occupation involves close proximity to and physical contact with clients, sometimes in a private setting, and thereby provides an opportunity to engage in further similar conduct.

Crimes involving prohibited sexual conduct.

Reasons:

1. Licensees physically interact with adults and children in an athletic trainer/client role. Individuals who have committed crimes of this nature would pose a potential danger to the clients.

2. A majority of athletic trainers can and do have contact with minors.

3. Licensees are in a relationship of trust with their clients.

4. The occupation involves regular close proximity to and regular physical contact with clients, sometimes in a private setting.

5. The interaction sometimes lasts for extended periods of time and bonds of friendship sometimes develop.

6. The occupation provides an opportunity to engage in further similar conduct.

Crimes involving children as victims.

Reasons:

1. Licensees physically interact with adults and children in an athletic trainer/client role. Individuals who have committed crimes of this nature would pose a potential danger to the clients.

2. A majority of athletic trainers can and do have contact with minors.

3. Licensees are in a relationship of trust with their clients.

4. The occupation involves regular close proximity to and regular physical contact with clients, sometimes in a private setting.

5. The interaction sometimes lasts for extended periods of time and bonds of friendship sometimes develop.

Crimes against property such as theft or burglary.

Reasons:

1. Licensees interact with adults and children in an athletic trainer/client role. Individuals who have committed such crimes would pose a potential danger to the clients' property.

2. Licensees would potentially have access to the property of clients.

3. Licensees are in a relationship of trust with their clients.

4. The occupation provides an opportunity to engage in further similar conduct.

Crimes involving fraud or deceptive trade practices

Reasons:

1. Licensees interact with adults and children in an athletic trainer/client role. Individuals who have committed such crimes would pose a potential danger to the clients' property.

2. Licensees are in a relationship of trust with their clients and employers.

3. Licensees are sometimes involved in the billing of clients and others, such as, school districts, hospitals and clinics.

4. Licensees are sometimes involved in the filing of insurance claims.

5. Licensees may be in a position to advertise or otherwise make representations about services, products, insurance benefits, costs, and other matters related to athletic training services.

6. The occupation provides an 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 and children in an athletic trainer/client role. Individuals who have committed crimes of this nature would pose a potential danger to the clients.

2. A majority of athletic trainers can and do have contact with minors.

3. Licensees are in a relationship of trust with their clients.

4. The occupation involves close proximity to and physical contact with clients, sometimes in a private setting, and thereby provides an opportunity to engage in further similar conduct.

5. The interaction sometimes lasts for extended periods of time and bonds of friendship sometimes develop.

6. Children and adult clients who use pain medications 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 client in obtaining drugs for the licensee.

7. Licensees at times may have access to controlled substances at treatment locations.

8. This occupation provides 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 and children in an athletic trainer/client role. Individuals who have committed crimes of this nature would pose a potential danger to the clients.

2. The occupation involves close proximity to and physical contact with clients.

3. Persons with this type of criminal history could potentially have alcohol or drugs in their systems while providing athletic training services, which would make them a danger to their clients or others.

4. This occupation provides an opportunity to engage in further similar conduct.

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-201603591

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: July 20, 2016