Texas Department of Aging and Disability Services
Denial or Refusal of License
Revision: 12-1

§99.1  Definitions

In this chapter, facility means:

(1)
a nursing home licensed under Chapter 242 of the Texas Health and Safety Code;
(2)
an assisted living facility licensed under Chapter 247 of the Texas Health and Safety Code;
(3)
a home and community support services agency licensed under Chapter 142 of the Texas Health and Safety Code;
(4)
an adult day care facility licensed under Chapter 103 of the Texas Human Resources Code; or
(5)
an intermediate care facility for persons with mental retardation licensed under Chapter 252 of the Texas Health and Safety Code.

§99.2  Convictions Barring Licensure

(a)
The Department of Aging and Disability Services (DADS) may deny an initial facility license, or refuse to renew a facility license, if an applicant for a license, a license holder, or any other person whose criminal history must be verified before a license is issued:
(1)
has been convicted, regardless of the date of conviction, of any of the following misdemeanor or felony offenses:
(A)
an offense listed in Texas Health and Safety Code, §250.006(a) or (c) (relating to Convictions Barring Employment);
(B)
an offense relating to the practice of a health-related profession without a license;
(C)
an offense relating to drugs, dangerous drugs, or controlled substances; or
(D)
an offense under any of the following sections of the Texas Penal Code:
(i)
Section 22.015, Coercing, soliciting, or inducing gang membership;
(ii)
Section 22.09, Tampering with consumer product;
(iii)
Section 22.10, Leaving a child in a vehicle;
(iv)
Section 32.42, Deceptive business practices;
(v)
Section 32.51, Fraudulent use or possession of identifying information;
(vi)
Section 35.02, Insurance fraud;
(vii)
Section 42.072, Stalking;
(viii)
Section 42.10, Dog fighting;
(ix)
Section 43.05, Compelling prostitution;
(x)
Section 43.24, Sale, distribution, or display of harmful material to minor;
(xi)
Section 43.25, Sexual performance by a child;
(xii)
Section 43.251, Employment harmful to children;
(xiii)
Section 43.26, Possession or promotion of child pornography;
(xiv)
Section 46.06, Unlawful transfer of certain weapons;
(xv)
Section 46.13, Making a firearm accessible to a child;
(xvi)
Section 48.02, Prohibition of the purchase and sale of human organs;
(xvii)
Section 49.07, Intoxication assault; or
(xviii)
Section 49.08, Intoxication manslaughter; or
(2)
has been convicted, during the five years preceding the date of the facility license application, of any of the following misdemeanor or felony offenses:
(A)
an offense listed in Texas Health and Safety Code, §250.006(b); or
(B)
an offense under any of the following sections of the Texas Penal Code:
(i)
Section 30.03, Burglary of coin-operated or coin collection machines;
(ii)
Section 30.04, Burglary of vehicles;
(iii)
Section 31.03, Theft;
(iv)
Section 31.04, Theft of service;
(v)
Section 32.21, Forgery;
(vi)
Section 32.31, Credit card or debit card abuse;
(vii)
Section 32.33, Hindering secured creditors;
(viii)
Section 32.48, Simulating legal process;
(ix)
Section 33.02, Breach of computer security;
(x)
Section 42.061, Silent or abusive calls to 9-1-1 service;
(xi)
Section 42.07, Harassment; or
(xii)
Section 42.091, Attack on assistance animal.
(b)
DADS may revoke a facility license if DADS becomes aware of:
(1)
a conviction described in subsection (a)(1) of this section regardless of the date of the conviction; or
(2)
a conviction described in subsection (a)(2) of this section if the conviction occurred during the five years preceding the date DADS became aware of the conviction.
(c)
DADS considers a conviction of an offense under the laws of another state, federal law, or the Uniform Code of Military Justice containing elements that are substantially similar to the elements of an offense listed in subsection (a) of this section as if it is a conviction of one of the listed offenses.
(d)
DADS considers the following information when deciding if it will deny a facility license, refuse to renew a facility license, or revoke a facility license in accordance with this section:
(1)
the nature and seriousness of the offense;
(2)
the relationship of the offense to the operation of a facility;
(3)
the extent to which a license might offer an opportunity for the person to engage in activity similar to the offense;
(4)
the age of the person at the time of the offense;
(5)
the amount of time since the offense; and
(6)
any other information provided by the person to explain the circumstances of the offense or to evidence the person’s conduct since the offense.
(e)
For purposes of this section, a person who is placed on deferred adjudication community supervision for an offense listed in this section, successfully completes the period of deferred adjudication community supervision, and receives a dismissal and discharge in accordance with Section 5(c), Article 42.12, Code of Criminal Procedure, is not considered convicted of the offense for which the person received deferred adjudication community supervision.

§99.3  Adverse Licensing Record

DADS may deny an application for a license or refuse to renew a license if:

(1)
any of the following persons are listed in a record maintained by a health and human services agency under Texas Government Code §531.952:
(A)
the applicant or license holder;
(B)
a person listed on an initial or renewal application; or
(C)
a controlling person of the applicant or license holder; and
(2)
the agency's action that resulted in the person being listed in a record maintained under Texas Government Code §531.952 is based on:
(A)
an act or omission that resulted in physical or mental harm to an individual in the care of the person;
(B)
a threat to the health, safety, or well-being of an individual in the care of the person;
(C)
the physical, mental, or financial exploitation of an individual in the care of the person; or
(D)
a determination by the agency that the person has committed an act or omission that renders the person unqualified or unfit to fulfill the obligations of the license, listing, or registration.