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RULE §140.14Licensing of Persons with Criminal Backgrounds To Be a Licensed Perfusionist and Provisional Licensed Perfusionist

(a) Criminal convictions which directly relate to the profession of perfusion.

  (1) The department may suspend or revoke an existing license, disqualify a person from receiving a license, refuse to renew a license, or deny to a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a licensee.

  (2) In considering whether a criminal conviction directly relates to the occupation of a licensed perfusionist or provisional licensed perfusionist, the department shall consider:

    (A) the nature and seriousness of the crime;

    (B) the relationship of the crime to the purposes for licensure as a perfusionist or provisional perfusionist. The following felonies and misdemeanors listed in clauses (i) - (iv) of this subparagraph relate to the license of a perfusionist or provisional perfusionist because these criminal offenses indicate an inability or a tendency to be unable to perform as a licensed perfusionist or a provisional licensed perfusionist:

      (i) the misdemeanor of knowingly or intentionally acting as a licensed perfusionist or provisional licensed perfusionist without a license under the Act, §15, Texas Occupations Code, §603.452.

      (ii) a misdemeanor or a felony offense involving moral turpitude;

      (iii) a conviction relating to health care fraud or individual excluded from the Medicare or Medicare programs due to Medicare or Medicaid fraud;

      (iv) a misdemeanor or felony offense under the following titles of the Texas Penal Code:

        (I) offenses against the person (Title 5);

        (II) offenses against property (Title 7);

        (III) offenses against public order and decency (Title 9);

        (IV) offenses against public health, safety, and morals (Title 10);

        (V) offenses of attempting or conspiring to commit any of the offenses in this subsection (Title 4); and

        (VI) insurance claim fraud under the Penal Code, §32.55; and

      (v) the misdemeanors and felonies listed in clauses (i) - (iii) of this subparagraph are not inclusive in that the department may consider other particular crimes in special cases in order to promote the intent of the Act and these sections;

    (C) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and

    (D) the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of a licensed perfusionist or provisional licensed perfusionist. In making this determination, the department will apply the criteria outlined in Texas Occupations Code, Chapter 53.

(b) Procedures for revoking, suspending, or denying a license to persons with criminal backgrounds.

  (1) The committee's executive secretary will give written notice to the person that the department intends to deny, suspend, deny renewal of, or revoke the license in accordance with the provisions of the Administrative Procedure Act and Texas Government Code, Chapter 2001, and the department's formal hearing procedures, §140.15 of this title (relating to Violations, Complaints, and Subsequent Department Actions) and §140.16 of this title (relating to Formal Hearings).

  (2) If the department denies an application or renewal application for a license, or suspends, or revokes a license under this section, the executive secretary will give the person written notice:

    (A) of the reasons for the decision; and

    (B) that the person, after exhausting administrative appeals, may appeal in a district court of Travis County, Texas.

Source Note: The provisions of this §140.14 adopted to be effective June 10, 2001, 26 TexReg 3932; transferred effective September 1, 2005, as published in the Texas Register August 26, 2005, 30 TexReg 5007; amended to be effective June 29, 2006, 31 TexReg 5126

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