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AGENCY Texas Department of Licensing and Regulation
ISSUE 11/04/2016
ACTION Miscellaneous

Public Notice - Criminal Conviction Guidelines

The Texas Commission of Licensing and Regulation (Commission) provides this public notice that, at their regularly scheduled meeting held October 5, 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 Midwives 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 regulation of Midwives from the Department of State Health Services to the Texas Department of Licensing and Regulation and amended Texas Occupations Code, Chapter 203. The statutory changes were effective September 1, 2015; the adopted rules became effective October 1, 2016; and the Department commenced all regulatory functions for the Midwives program on October 3, 2016

The Criminal Conviction Guidelines for the Midwives 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 Midwives Advisory Board at their meeting on August 17, 2016, and received the Board’s recommendation of approval.

The Criminal Conviction Guidelines for the Midwives program are as follows:

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

Reasons:

1. Under Section 203.404(a)(3) of the Texas Occupations Code, the agency may discipline a licensed midwife, refuse to renew a midwife’s license or refuse to issue a license to an applicant if the person is convicted of a misdemeanor involving moral turpitude or a felony.

2. Licensees interact with adults and children in a healthcare service provider/client role. Persons who have a history of committing such crimes could pose a danger to the clients.

3. The occupation involves physical contact with clients and their family members in residences and other private settings.

4. This occupation provides persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving prohibited sexual conduct.

Reasons:

1. Under Section 203.404(a)(3) of the Texas Occupations Code, the agency may discipline a licensed midwife, refuse to renew a midwife’s license or refuse to issue a license to an applicant if the person is convicted of a misdemeanor involving moral turpitude or a felony.

2. Licensees interact with adults and children in a healthcare service provider/client role. Persons who have a history of committing such crimes could pose a danger to the clients.

3. The occupation involves physical contact with clients and their family members, including children, in residences and other private settings.

4. This occupation provides persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving children as victims.

Reasons:

1. Under Section 203.404(a)(3) of the Texas Occupations Code, the agency may discipline a licensed midwife, refuse to renew a midwife’s license or refuse to issue a license to an applicant if the person is convicted of a misdemeanor involving moral turpitude or a felony.

2. Licensees interact with children in a healthcare service provider/client role. Persons who have a history of committing such crimes could pose a danger to the children.

3. The occupation involves physical contact with clients and their family members, including children, in residences and other private settings.

4. This occupation provides 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. Under Section 203.404(a)(3) of the Texas Occupations Code, the agency may discipline a licensed midwife, refuse to renew a midwife’s license or refuse to issue a license to an applicant if the person is convicted of a misdemeanor involving moral turpitude or a felony.

2. Licensees interact with adults and children in a healthcare service provider/client role. Persons who have a history of committing such crimes could pose a risk to the property of the clients.

3. The occupation involves contact with clients and their family members in residences and other private settings.

4. Licensees have access to the property of clients and others in residences and other private settings.

5. This occupation provides persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving fraud or deceptive trade practices

Reasons:

1. Under Section 203.404(a)(3) of the Texas Occupations Code, the agency may discipline a licensed midwife, refuse to renew a midwife’s license, or refuse to issue a license to an applicant if the person is convicted of a misdemeanor involving moral turpitude or a felony.

2. Under Section 203.404(a)(5) of the Texas Occupations Code, the agency may discipline a licensed midwife, refuse to renew a midwife’s license, or refuse to issue a license to an applicant if the person engages in unprofessional or dishonorable conduct that may reasonably be determined to deceive or defraud the public.

3. Licensees interact with adults and children in a healthcare service provider/client role. Persons who have a history of committing such crimes could pose a danger to the clients and their property.

4. The occupation involves contact with clients and their family members in residences and other private settings.

5. Licensees have access to the property of clients and others in residences and other private settings.

6. Licensees are directly involved in the filing of birth certificates.

7. This occupation provides persons with this type of criminal history the opportunity to engage in further similar conduct, potentially including healthcare fraud, insurance fraud, and citizenship fraud.

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

Reasons:

1. Licensees interact with adults and children in a healthcare service provider/client role. Persons who have a history of committing such crimes could pose a danger to the clients.

2. The occupation involves contact with clients and their family members in residences and other private settings.

3. This occupation provides the opportunity for the administration of illegal drugs to clients.

4. 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 a healthcare service provider/client role. Persons who have a history of committing such crimes could pose a danger to the clients.

2. The occupation involves close proximity to and physical contact with clients and their children during the prenatal, birthing, and postpartum periods. Persons with this type of criminal history could potentially have alcohol or drugs in their systems which would make them a danger to their clients or others.

Crimes involving the sale, distribution or disposal of human organs or tissue.

1. Licensees interact with adults and children in a healthcare service provider/client role. Persons who have a history of committing such crimes could pose a danger to the clients.

2. This occupation provides persons with this type of criminal history the 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-201605469

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Filed: October 20, 2016



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