Denial or Refusal of License Handbook

Section §99.1 Definitions

Revision 17-1

 

 

In this chapter:

(1) DADS means the Department of Aging and Disability Services or its successor agency; and

(2) facility means:

(A) a nursing facility licensed under Chapter 242 of the Texas Health and Safety Code;

(B) an assisted living facility licensed under Chapter 247 of the Texas Health and Safety Code;

(C) a home and community support services agency licensed under Chapter 142 of the Texas Health and Safety Code;

(D) a day activity and health services facility licensed under Chapter 103 of the Texas Human Resources Code;

(E) an intermediate care facility for individuals with an intellectual disability or related conditions licensed under Chapter 252 of the Texas Health and Safety Code;

(F) a prescribed pediatric extended care center licensed under Chapter 248A of the Texas Health and Safety Code.

Section §99.2, Convictions Barring Licensure

Revision 17-1

 

 

(a) DADS may deny an initial facility license, or refuse to renew a facility license, if an applicant for a facility license, a facility license holder, or any other person whose criminal history must be verified before a facility 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 22.09, Tampering with consumer product;

(ii) Section 22.10, Leaving a child in a vehicle;

(iii) Section 32.42, Deceptive business practices;

(iv) Section 32.51, Fraudulent use or possession of identifying information;

(v) Section 35.02, Insurance fraud;

(vi) Section 42.072, Stalking;

(vii) Section 42.10, Dog fighting;

(viii) Section 43.05, Compelling prostitution;

(ix) Section 43.24, Sale, distribution, or display of harmful material to minor;

(x) Section 43.25, Sexual performance by a child;

(xi) Section 43.251, Employment harmful to children;

(xii) Section 43.26, Possession or promotion of child pornography;

(xiii) Section 46.06, Unlawful transfer of certain weapons;

(xiv) Section 46.13, Making a firearm accessible to a child;

(xv) Section 48.02, Prohibition of the purchase and sale of human organs;

(xvi) Section 49.07, Intoxication assault; or

(xvii) Section 49.08, Intoxication manslaughter;

(xviii) Section 71.022, Coercing, inducing or soliciting membership in a criminal street gang; 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.

 

Section §99.3, Adverse Licensing Record

Revision 17-1

 

 

DADS may deny an application for a license or refuse to renew a license for a facility described in §99.1(2)(A)-(E) of this chapter (relating to Definitions) 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 facility license holder;

(B) a person listed on an initial or renewal application; or

(C) a controlling person of the applicant or facility license holder; and

(2) the health and human services 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 health and human services 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.

Section §99.4, Registry Listings Barring Licensure

Revision 17-1

 

 

DADS may deny an application for an initial facility license, or refuse to renew a facility license, if the applicant for the facility license, the facility license holder, or a controlling person of the applicant or facility license holder is listed:

(1) as unemployable on the Employee Misconduct Registry maintained by DADS in accordance with the Texas Health and Safety Code, Chapter 253; or

(2) with a revoked or suspended status on the Nurse Aide Registry maintained by DADS in accordance with Texas Health and Safety Code, Chapter 250.

Revisions

17-1, Amendments to Chapter 99

Revision Notice 17-1, Effective April 18, 2017

 

Includes the adoption of amendments to clarify the Texas Department of Aging and Disability Services may deny or refuse to renew a license for a nursing facility, an assisted living facility, a home and community support services agency, a day activity and health services facility, an intermediate care facility for individuals with an intellectual disability or related conditions, or a prescribed pediatric extended care center if the applicant, licensed holder or a controlling party of the applicant or license holder is designated as unemployable on the Employee Misconduct Register or listed as revoked or suspended on the Nurse Aide Registry.

12-1, Adverse Licensing Record

Revision Notice 12-1; Effective January 18, 2012

 

This revision implements Senate Bill 78, 82nd Legislature, which authorizes DADS to deny or refuse to renew a license if an applicant or certain persons associated with an applicant are listed in a health and human service agency's record of adverse licensing action. In addition, the title of Chapter 99 is changed to Denial or Refusal of License.

 

§99.3 adds that DADS may deny a license application or refuse to renew a license if an applicant or certain associated persons are listed in the record maintained in accordance with Texas Government Code §531.952.

09-0, Criminal Convictions Barring Facility Licensure

Revision Notice 09-0; Effective September 1, 2009

 

 

Chapter 99, Criminal Convictions Barring Facility Licensure, governs licensure for nursing facilities, assisted living facilities, adult day care facilities, intermediate care facilities for persons with mental retardation (ICFs/MR), and home and community support services agencies (HCSSAs).

 

§99.1 defines what "facility" means in Chapter 99.

§99.2 lists the criminal convictions that DADS may consider when making a licensure decision to issue, renew or revoke a license. The new section also includes criteria that DADS uses in deciding whether to issue, renew or revoke a license when an applicant, license holder or any other person whose criminal history must be verified, has been convicted of one of the listed offenses.

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