SECTION 557.121. Permitting of Persons with Criminal Backgrounds

(a) HHSC may suspend or revoke an existing permit, deny a permit, or deny a person the opportunity to take the examination for a permit if the person has been convicted of a felony or misdemeanor offense that directly relates to the duties and responsibilities of a medication aide.

(b) When considering whether a criminal conviction directly relates to the duties and responsibilities of a medication aide, HHSC considers:

(1) that the following offenses may reflect an actual or potential inability to perform as a medication aide:

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

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

(C) 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;

(D) 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;

(E) any conviction for an offense defined in the Texas Penal Code as an attempt, solicitation, conspiracy, or organized criminal activity to commit any offense listed in subparagraphs (B) - (D) of this paragraph; and

(F) any conviction under United States statutes or jurisdiction other than Texas for any offense equivalent to those listed in subparagraphs (B) - (E) of this paragraph;

(2) 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

(3) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a medication aide.

(c) If HHSC determines that a conviction directly relates to the duties and responsibilities of a medication aide, HHSC considers the following factors in determining whether to take an action authorized under subsection (a) of this section, as described in Texas Occupations Code §53.023 including:

(1) the extent and nature of the person's past criminal activity;

(2) the age of the person when the crime was committed;

(3) the amount of time that has elapsed since the person's last criminal activity;

(4) the conduct and work activity of the person before and after the criminal activity;

(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;

(6) evidence of the person's compliance with any conditions of community supervision, parole or mandatory supervision; and

(7) other evidence of the person's fitness, including letters of recommendation.

(d) A person who is denied a permit, or who has a permit suspended or revoked, due to his or her criminal background is given notice in accordance with §557.123(d) and (e) of this chapter (relating to Violations, Complaints, and Disciplinary Actions).

Source Note: The provisions of this §557.121 adopted to be effective September 24, 2018, 43 TexReg 6328; amended to be effective December 26, 2021, 46 TexReg 9054