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.

Source Note: The provisions of this §463.40 adopted to be effective June 1, 2021, 46 TexReg 3397