SECTION 781.420. Licensing of Persons with Criminal Convictions  


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  • 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 505 (Social Work Practice 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 Section 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 social work;

    (9) any criminal violation of Section 22.041 (abandoning or endangering a child) of the Penal Code;

    (10) any criminal violation of Section 21.15 (invasive visual recording) of the Penal Code;

    (11) any criminal violation of Section 43.26 (possession of child pornography) of the Penal Code;

    (12) any criminal violation of Section 22.04 (injury to a child, elderly individual, or disabled 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 §781.420 adopted to be effective February 4, 2021, 46 TexReg 821