SECTION 374.5. Licensure of Persons with Criminal Convictions

(a) The Board may revoke or suspend an existing valid license or disqualify a person from receiving or renewing a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to the practice of occupational therapy. Those crimes that the Board considers to be directly related to the duties and responsibilities of an occupational therapist or an occupational therapy assistant shall include, but are not limited to:

(1) any felony that involves an act of fraud, dishonesty, or deceit;

(2) any criminal violation of the Occupational Therapy Practice Act or other statutes regulating or pertaining to occupational therapy or the medical profession;

(3) any crime involving moral turpitude ("moral turpitude" in this section refers to baseness, vileness, or dishonesty of a high degree);

(4) murder;

(5) assault;

(6) burglary;

(7) robbery;

(8) theft;

(9) rape or sexual abuse;

(10) patient/client abuse;

(11) injury to a child, elderly individual, or an individual with a disability;

(12) child molestation, abuse, endangerment, or neglect;

(13) felony conviction for driving while intoxicated, driving under the influence of alcohol or drugs, or driving while ability is impaired;

(14) sale, distribution, or illegal possession of narcotics, controlled substances, or dangerous drugs;

(15) tampering with a governmental record;

(16) offenses that include attempting or conspiring to commit any of the offenses in this subsection.

(b) In determining whether a crime not listed previously relates to occupational therapy, the Board will consider:

(1) the nature and seriousness of the crime;

(2) the relationship of the crime to the purposes for requiring a license to practice occupational therapy;

(3) the extent to which a license might offer opportunities to engage in further criminal activity of the same type as that in which the person was previously engaged; and

(4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and to discharge the responsibilities of an occupational therapist or occupational therapy assistant.

(c) In review of a complaint alleging that the respondent/applicant has been convicted of a crime that directly relates to the duties and responsibilities of an occupational therapist or occupational therapy assistant, the Board shall consider the following evidence in determining the respondent's/applicant's present fitness to practice occupational therapy:

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

(2) the age of the person at the time of commission of the crime;

(3) conduct and work activity of the person prior to and after criminal activity;

(4) evidence of rehabilitation while incarcerated or following release;

(5) notarized letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; letters from the sheriff or chief of police where the person resides; and other persons having contact with the convicted person; and

(6) records of steady employment, provision for dependents, payment of all court costs, supervision fees, fines, and restitution if ordered as a result of the person's conviction.

(d) The burden and expense of providing and presenting the foregoing documentation to the Board shall be solely that of the respondent/applicant.

Source Note: The provisions of this §374.5 adopted to be effective March 1, 2017, 42 TexReg 698