1. (a) HHSC may suspend or revoke an existing permit, deny a permit, or deny a person the opportunity to take the examination for a permit if a person has been convicted of a felony or misdemeanor offense that the crime directly relates to the duties and responsibilities of a medication aide.

2. (b) When considering whether a criminal conviction directly relates to the duties and responsibilities of a medication aide, HHSC considers:

   1. (1) the nature and seriousness of the offense;

   2. (2) that the following offenses may reflect an actual or potential inability to perform as a medication aide:

      1. (A) the misdemeanor of knowingly or intentionally acting as a medication aide without a permit issued under the Texas Health and Safety Code, Chapter 242;
      2. (B) any conviction for an offense listed in §250.006 of the Texas Health and Safety Code;
      3. (C) any conviction, other than a Class C Misdemeanor, for an offense defined under Texas Penal Code, Chapter 22, as assault; sexual assault; intentional exposure of another to AIDS or HIV; aggravated assault or sexual assault; injury to a child, elderly person, or person with disabilities; or aiding suicide;
      4. (D) any conviction, except Class C Misdemeanors, with a final disposition within the last ten years, for an offense defined in the Texas Penal Code as burglary under Chapter 30; theft under §31.03; sale or display of harmful material to minors; sexual performance by a child; and possession or promotion of child pornography;
      5. (E) any conviction for an offense defined in the Texas Penal Code as an attempt, solicitation, conspiracy, or organized criminal activity for any offense listed in subparagraphs (B) - (D) of this paragraph; and
      6. (F) any conviction under United States statutes or jurisdiction other than Texas for any offense equivalent to those listed in subparagraphs (B) - (E) of this paragraph;
   3. (3) the extent to which a permit might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;
   4. (4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a medication aide; and
   5. (5) other factors related to the fitness of a person to perform the duties and discharge the responsibilities of a medication aide, as described in Texas Occupations Code §53.023.

3. (c) HHSC gives written notice to the person that HHSC proposes to deny the application or suspend or revoke the permit after a hearing, in accordance with the provisions of §557.123(c)(3) of this chapter (relating to Violations, Complaints, and Disciplinary Actions). If HHSC denies, suspends, or revokes an application or permit under this chapter, HHSC gives the person written notice:

   1. (1) of the reasons for the decision;
   2. (2) that the person, after exhausting administrative appeals, may file an action in a district court of Travis County for review of the evidence presented to HHSC and HHSC final action; and
   3. (3) that the person must begin the judicial review by filing a petition with the court within 30 days after HHSC action is final and appealable.

Source Note:The provisions of this §557.121 adopted to be effective September 24, 2018, 43 TexReg 6328.