1. (a) DADS considers an applicant's or a licensee's conviction of a crime related to the duties, responsibilities and job performance of an administrator as a potential basis for:

   1. (1) denying an initial or renewal application for licensure; and
   2. (2) imposing a sanction listed in §18.57 of this chapter (relating to Schedule of Sanctions).

2. (b) DADS considers the following when determining if a criminal conviction directly relates to the duties and responsibilities of a nursing facility administrator:

   1. (1) the nature and seriousness of the crime;
   2. (2) the extent to which a license may offer an individual an opportunity to engage in the same type of criminal activity; and
   3. (3) the relationship of the crime to the ability or fitness required to perform the duties of nursing facility administrator.

3. (c) DADS has determined that a conviction of the following crimes relates to nursing facility administration and reflects an inability to perform or tendency to inadequately perform as an administrator:

   1. (1) intentionally acting as a nursing facility administrator without a license;

   2. (2) attempting or conspiring to commit or committing any offense under the following chapters of the Texas Penal Code:

      1. (A) Title 5 (offenses against persons), including homicide, kidnapping, unlawful restraint, and sexual and assault offenses;
      2. (B) Title 7 (offenses against property), including arson, criminal mischief, robbery, burglary, criminal trespass, theft, fraud, computer crimes, telecommunications crimes, money laundering, and insurance fraud;
      3. (C) Title 9 (offenses against public order and decency), including disorderly conduct and public indecency; or
      4. (D) Title 10 (offenses against public health, safety, and morals), including weapons, gambling, conduct affecting public health, intoxication, and alcoholic beverage offenses; or
   3. (3) committing an offense listed in Texas Health and Safety Code §250.006.
4. (d) DADS may consider other crimes and pertinent information as a potential basis for denying an initial or renewal application.
5. (e) Convictions under federal law or another state or nation for offenses containing elements similar to offenses listed in subsection (c) of this section may be a basis for DADS imposing sanctions.

Source Note: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 effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1880.