(a) The Board may suspend or revoke a license, disqualify a person from receiving a license, or deny to a person the opportunity to take a licensing examination on the grounds that the person has been convicted, suspended or revoked a license, disqualify a person from receiving a license, or deny to a person the opportunity to take a licensing examination on the grounds that the person has been convicted of:      
        (1) an offense that directly relates to the duties and responsibilities of the licensed occupation;       
        (2) an offense that does not directly relate to the duties and responsibilities of the licensed occupation and that was committed less than five years before the date the person applies for the license;       
        (3) an offense listed in Section 3g, Article 42.12, Code of Criminal Procedure; or       
        (4) a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure;       
        (5) This subsection does not apply to a person who has been convicted only of an offense punishable as a Class C misdemeanor.       
      (b) Criminal convictions which directly relate to the profession of medical physics shall be considered as follows.      
        (1) The board may suspend or revoke any existing license, disqualify a person from receiving any license, reprimand a licensee, or place a licensee on probation because of a person's conviction of a felony or misdemeanor if the crime:                  (A) directly relates to the duties and responsibilities of a licensed medical physicist; or                   (B) involves moral turpitude as defined in §190.8(6)(B)(v) of this title (relating to Violation Guidelines).         
        (2) In considering whether a criminal conviction directly relates to the profession of medical physics the board shall consider:                  (A) the nature and seriousness of the crime;                   (B) the relationship of the crime to the purposes of licensure as a medical physicist;                   (C) the extent to which any license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and                   (D) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibility of a medical physicist. In making this determination, the board shall apply the criteria outlined in Texas Occupations Code, Chapter 53.         
      (c) The following felonies and misdemeanors directly relate to a license of a medical physicist because these criminal offenses indicate an inability or a tendency to be unable to properly engage in the practice of medical physics:      
        (1) a conviction under the Texas Medical Physics Practice Act (Act), §602.302;       
        (2) a conviction involving moral turpitude as defined by statute or common law;       
        (3) a conviction relating to deceptive business practices;       
        (4) a conviction relating to practicing another health care related profession without a license, certificate, or other approval required by state or federal law;       
        (5) a conviction relating to controlled substances, dangerous drugs, other illegal substances, or alcohol;       
        (6) a conviction under the Atomic Energy Act of 1954;       
        (7) a conviction under the Texas Radiation Control Act, Health and Safety Code, Chapter 401;       
        (8) a conviction for assault;       
        (9) an offense under various titles of the Texas Penal Code:                  (A) offenses against the person (Title 5);                   (B) offenses against property (Title 7);                   (C) offenses against public order and decency (Title 9);                   (D) offenses against public health, safety, and morals (Title 10);                   (E) offenses of attempting or conspiring to commit any of the offenses in this subsection (Title 4);                   (F) insurance claim fraud under the Penal Code, §32.55; and         
        (10) other misdemeanors and felonies which indicate an inability or a tendency for the person to be unable to properly engage in the practice of medical physics. Other misdemeanors or felonies shall be considered in order to promote the intent of the Act, this chapter, and Texas Occupations Code, Chapter 53.       
      (d) The board shall be revoke a license holder's license upon the license holder's imprisonment following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision.     
     Source Note:        The provisions of this §160.29 adopted to be effective July 7, 2016, 41 TexReg 4819