22 Tex. Admin. Code § 463.40

Current through Reg. 49, No. 24; June 14, 2024
Section 463.40 - Licensing of Persons with Criminal Convictions

The following felonies and misdemeanors directly relate to the duties and responsibilities of a licensee:

(1) offenses listed in Article 42A.054 of the Code of Criminal Procedure;
(2) a sexually violent offense, as defined by Article 62.001 of the Code of Criminal Procedure;
(3) any felony offense wherein the judgment reflects an affirmative finding regarding the use or exhibition of a deadly weapon;
(4) any criminal violation of Chapter 501 (Psychologists Licensing Act) of the Occupations Code;
(5) any criminal violation of Chapter 35 (Insurance Fraud) or Chapter 35A (Medicaid Fraud) of the Penal Code;
(6) any criminal violation involving a federal health care program, including 42 USC § 1320a-7b (Criminal penalties for acts involving Federal health care programs);
(7) any offense involving the failure to report abuse or neglect;
(8) any state or federal offense not otherwise listed herein, committed by a licensee while engaged in the practice of psychology;
(9) any criminal violation of §22.041 (abandoning or endangering a child) of the Penal Code;
(10) any criminal violation of §21.15 (invasive visual recording) of the Penal Code;
(11) any criminal violation of §43.26 (possession of child pornography) of the Penal Code;
(12) any criminal violation of §22.04 (injury to a child, elderly individual, or disable individual) of the Penal Code;
(13) three or more drug or alcohol related convictions within the last 10 years, evidencing possible addiction that will have an effect on the licensee's ability to provide competent services; and
(14) any attempt, solicitation, or conspiracy to commit an offense listed herein.

22 Tex. Admin. Code § 463.40

Adopted by Texas Register, Volume 45, Number 40, October 2, 2020, TexReg 7011, eff. 10/7/2020; Amended by Texas Register, Volume 46, Number 22, May 28, 2021, TexReg 3397, eff. 6/1/2021