1. (a) Pursuant to Texas Occupations Code §701.151(b)(3), this section applies to initial applications, renewal applications, and applications for reciprocal licenses.

2. (b) In determining the fitness of an applicant for licensure, the department shall consider the following:

   1. (1) the skills and abilities of an applicant to provide adequate nutrition services; and
   2. (2) the ethical behavior of an applicant in relationships with other professionals and clients.

3. (c) In determining the fitness of an applicant for licensure the department may request and consider any of the following:

   1. (1) evaluations of supervisors or instructors;
   2. (2) statements from persons submitting references for the applicant;
   3. (3) evaluations of employers and/or professional associations;
   4. (4) transcripts or findings from official court, hearing, or investigative proceedings; and
   5. (5) any other information which the commission or department considers pertinent to determining the fitness of an applicant.

4. (d) The substantiation of any of the following items related to an applicant may be, as the department determines, the basis for the denial of licensure of the applicant:

   1. (1) lack of the necessary skills and abilities to provide adequate nutrition services;
   2. (2) misrepresentation of professional qualifications or affiliations with associations;
   3. (3) misrepresentation of nutrition services, dietary supplements and the efficacy of nutrition services to clients;
   4. (4) use of misleading or false advertising;
   5. (5) violation of any provision of any federal or state statute relating to confidentiality of client communication and/or records;
   6. (6) abuse of alcohol or drugs or the use of illegal drugs of any kind in any manner which detrimentally affects the provision of nutrition services;
   7. (7) any misrepresentation in application or other materials submitted to the department; and
   8. (8) the violation of any commission rule in effect at the time of application which is applicable to an unlicensed person.

Source Note:The provisions of this §116.51 adopted to be effective October 1, 2016, 41 TexReg 4481.