(a) The Texas Health and Human Services Commission (HHSC) may deny a person or entity a license or suspend or revoke an existing license on the grounds that the person or entity has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of the ownership or operation of a facility.
(b) In determining whether a criminal conviction directly relates, HHSC shall apply the requirements and consider the provisions of Texas Occupations Code Chapter 53 (relating to Consequences of Criminal Conviction).
(c) The following felonies and misdemeanors directly relate to the duties and responsibilities of the ownership or operation of a health care facility because these criminal offenses indicate an ability or a tendency for the person to be unable to own or operate a facility:
  (1) a misdemeanor violation of the Act;
  (2) a misdemeanor or felony involving moral turpitude;
  (3) a misdemeanor or felony relating to deceptive business practices;
  (4) a misdemeanor or felony of practicing any health-related profession without a required license;
  (5) a misdemeanor or felony under any federal or state law relating to drugs, dangerous drugs, or controlled substances;
  (6) a misdemeanor or felony under Texas Penal Code (TPC) Title 5, involving a patient or a client of any health care facility, a home and community support services agency or a health care professional;
  (7) a misdemeanor or felony under TPC:
    (A) Title 4, concerning offenses of attempting or conspiring to commit any of the offenses in this paragraph;
    (B) Title 5, concerning offenses against the person;
    (C) Title 7, concerning offenses against property;
    (D) Title 8, concerning offenses against public administration;
    (E) Title 9, concerning offenses against public order and decency;
    (F) Title 10, concerning offenses against public health, safety, and morals; or
    (G) Title 11, concerning offenses involving organized crime.
  (8) Offenses listed in this subsection are not exclusive in that HHSC may consider similar criminal convictions from other state, federal, foreign, or military jurisdictions that indicate an inability or tendency for the person or entity to be unable to own or operate a facility.
(d) HHSC shall revoke a license on the licensee's imprisonment following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision.

Source Note: The provisions of this §509.103 adopted to be effective December 4, 2023, 48 TexReg 7064