This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:45 GMT
(a) The department may deny, suspend, or revoke a license if the licensee or the center:(1) violates a provision of Texas Birthing Center Licensing Act, Health and Safety Code, Chapter 244;(2) fails to meet a requirement of this chapter;(3) fails to comply with an order of the commissioner of health or another enforcement procedure under the Act;(4) is involved in any action as described in §137.11(a)(3)(J) - (K) of this title (relating to Application Procedures and Issuance of Licenses); or(5) has been convicted of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a center.(A) In determining whether a criminal conviction directly relates, the department shall consider the provisions of Texas Occupations Code, Chapter 53.(B) The department may deny a person a license or suspend or revoke an existing license on the grounds that the person has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of the ownership or operation of a facility. The department shall apply the requirements of the Texas Occupations Code, Chapter 53.(i) The department is entitled to obtain criminal history information maintained by the Texas Department of Public Safety (Government Code, §411.122), the Federal Bureau of Investigation Identification Division (Government Code, §411.087) or any other law enforcement agency to investigate the eligibility of an applicant for an initial or renewal license and to investigate the continued eligibility of a licensee.(ii) In determining whether a criminal conviction directly relates, the department shall consider the provisions of the Texas Occupations Code, §53.022 and §53.023.(iii) The following felonies and misdemeanors directly relate because these criminal offenses adversely affect a person's ability to own or operate a facility:(I) a misdemeanor or felony involving moral turpitude;(II) a misdemeanor or felony relating to deceptive business practices;(III) a misdemeanor or felony of practicing any health-related profession without a required license;(IV) a misdemeanor or felony under any federal or state law relating to drugs, dangerous drugs, or controlled substances;(V) a misdemeanor or felony under the Texas Penal Code (TPC):(-a-)