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RULE §95.121Permitting of Persons with Criminal Backgrounds

DADS may suspend or revoke an existing permit, disqualify a person from receiving a permit, or deny to a person the opportunity to be examined for a permit because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a medication aide.

  (1) In considering whether a criminal conviction directly relates to the occupation of a medication aide, DADS considers:

    (A) the nature and seriousness of the crime;

    (B) the relationship of the crime to the purposes for requiring a permit to be a medication aide. The following felonies and misdemeanors relate to the permit of a medication aide because these criminal offenses indicate an inability or a tendency to be unable to perform as a medication aide:

      (i) the misdemeanor of knowingly or intentionally acting as a medication aide without a permit issued under the Health and Safety Code, Chapter 242;

      (ii) any conviction for an offense listed in §250.006 of the Health and Safety Code;

      (iii) any conviction, other than a Class C Misdemeanor, for an offense defined under Texas Penal Code, Chapter 22, as assault; sexual assault; intentional exposure of another to AIDS or HIV; aggravated assault or sexual assault; injury to a child, elderly person, or person with disabilities; or aiding suicide;

      (iv) any conviction, except Class C Misdemeanors, with a final disposition within the last ten years, for an offense defined in the Texas Penal Code as burglary under Chapter 30; theft under §31.03; sale or display of harmful material to minors; sexual performance by a child; and possession or promotion of child pornography;

      (v) any conviction for an offense defined in the Texas Penal Code as an attempt, solicitation, conspiracy, or organized criminal activity for any offense listed in clauses (ii)-(iv) of this subparagraph; and/or

      (vi) any conviction under United States statutes or jurisdiction other than Texas for any offense equivalent to those listed in clauses (ii)-(v) of this subparagraph;

    (C) the extent to which a permit 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, capacity, or fitness required to perform the duties and discharge the responsibilities of a medication aide. In determining the present fitness of a person, DADS considers the evidence described in the Occupations Code, §53.023.

  (2) DADS gives written notice to the person that DADS proposes to deny the application or suspend or revoke the permit after a hearing in accordance with the provisions of §95.123(c)(3) of this title (relating to Violations, Complaints, and Disciplinary Actions). If DADS denies, suspends, or revokes an application or permit under this chapter, DADS gives the person written notice:

    (A) of the reasons for the decision;

    (B) that the person, after exhausting administrative appeals, may file an action in a district court of Travis County for review of the evidence presented to DADS and its decision; and

    (C) that the person must begin the judicial review by filing a petition with the court within 30 days after DADS' action is final and appealable.

Source Note: The provisions of this §95.121 adopted to be effective January 1, 1995, 19 TexReg 9298; amended to be effective March 1, 1996, 21 TexReg 520; amended to be effective August 1, 2005, 30 TexReg 4226

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