1. (a) The Board may suspend or revoke a current license or refuse to approve an applicant to sit for the jurisprudence examination because of the licensee's or applicant's conviction of an offense that directly relates to the practice of chiropractic.
2. (b) The Board shall revoke a license upon a licensee's imprisonment following a felony conviction or revocation of felony community supervision, parole, or mandatory supervision.
3. (c) An individual in prison is not eligible for a license.
4. (d) An individual in prison with a verifiable release date of three months or less may submit an application for a license.

5. (e) The Board shall consider the following to determine whether a criminal conviction directly relates to the occupation of chiropractic:

   1. (1) the nature and seriousness of the crime;
   2. (2) the relationship of the crime to the practice of chiropractic; and
   3. (3) if a license might reasonably lead to a repeat of the crime.

6. (f) The Board shall also determine an applicant's fitness to become a licensed chiropractor by considering:

   1. (1) the extent and nature of the applicant's past criminal activity;
   2. (2) the age at the time of the crime;
   3. (3) the time since the crime occurred;
   4. (4) the applicant's personal and work conduct after the crime;
   5. (5) evidence of the applicant's rehabilitation while incarcerated and after release; and
   6. (6) other evidence of fitness for a license, including recommendation letters from prosecutors, law enforcement, or correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant, the sheriff or chief of police where the applicant lives, or any other person familiar with the applicant.
7. (g) An applicant shall disclose in writing to the Board any conviction or deferred adjudication at the time of application.
8. (h) A current licensee shall disclose in writing to the Board any conviction or deferred adjudication no later than 30 days after the trial court's judgment.
9. (i) An applicant or licensee shall submit certified copies of the indictment or information and the court's judgment.
10. (j) Upon notification of a conviction or deferred adjudication, the Board may request the licensee or applicant explain why the Board should not deny the application or take disciplinary action against the license.
11. (k) An individual with a conviction or deferred adjudication shall respond to the Board within 15 days after receipt of the notice of a conviction.
12. (l) The Board shall notify an individual whose application has been denied or license revoked or suspended of the procedures for appealing the Board's decision.
13. (m) The Board may delegate to the executive director the authority to consider an applicant's minor criminal convictions.

Source Note:The provisions of this §72.18 adopted to be effective September 13, 2020, 45 TexReg 6360.