Section 555.41 - Licensure of Persons with Criminal Backgrounds(a) Subject to subsection (b) of this section, the Texas Health and Human Services Commission (HHSC) may disqualify an applicant or licensee from taking an examination required by § 555.18 of this chapter (relating to Examinations and Requirements to Take the Examinations), may deny an initial or renewal application for licensure, or impose a sanction listed in § 555.57 of this chapter (relating to Schedule of Sanctions) if the applicant or licensee has been convicted of: (1) committing an offense listed in Texas Health and Safety Code § 250.006(a) or (c); or (2) committing an offense listed in Texas Health and Safety Code § 250.006(b) within the five years before application for licensure.(b) Convictions under federal law or the laws of another state or nation for offenses containing elements similar to offenses listed in subsection (a) of this section may be a basis for HHSC denying an initial application or imposing sanctions.(c) A notice required under subsection (d) of this section must contain a statement that the applicant or licensee is disqualified from receiving the license or being examined for the license because of the applicant's or licensee's prior conviction of an offense specified in the notice, as provided in subsection (a)(1) and (2) of this section.(d) If HHSC suspends or revokes a license, or denies an applicant or licensee a license or the opportunity to be examined for a license because of the applicant's or licensee's prior conviction of an offense, HHSC notifies the person in writing of: (1) the reason for the suspension, revocation, denial, or disqualification;(2) the procedure for judicial review; and(3) the earliest date the applicant or licensee may appeal HHSC's action.26 Tex. Admin. Code § 555.41
The provisions of this §555.41 adopted to be effective June 1, 2004, 29 TexReg 4233; amended to be effective June 1, 2009, 34 TexReg 2795; amended to be effective September 1, 2010, 35 TexReg 6832; Transferred from Title 40, Chapter 18 by Texas Register, Volume 44, Number 15, April 12, 2019, TexReg 1880, eff. 5/1/2019; Amended by Texas Register, Volume 46, Number 46, November 12, 2021, TexReg 7797, eff. 11/14/2021; Amended by Texas Register, Volume 49, Number 37, September 13, 2024, TexReg 7340, eff. 9/18/2024