(a) The Board may suspend or revoke a current license or refuse to approve an applicant to sit for the jurisprudence examination because of the licensee's or applicant's conviction of an offense that directly relates to the practice of chiropractic.
(b) The Board shall revoke a license upon a licensee's imprisonment following a felony conviction or revocation of felony community supervision, parole, or mandatory supervision.
(c) An individual in prison is not eligible for a license.
(d) An individual in prison with a verifiable release date from prison of three months or less may submit an application for a license.
(e) The Board shall consider the following to determine whether a criminal conviction directly relates to the occupation of chiropractic:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the practice of chiropractic; and
(3) if a license might reasonably lead to a repeat of the crime.
(f) The Board shall also determine an applicant's fitness to become a licensed chiropractor by considering:
(1) the extent and nature of the applicant's past criminal activity;
(2) the age at the time of the crime;
(3) the time since the crime occurred;
(4) the applicant's personal and work conduct after the crime;
(5) evidence of the applicant's rehabilitation while incarcerated and after release; and
(6) other evidence of fitness for a license, including recommendation letters from prosecutors, law enforcement, or correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant, the sheriff or chief of police where the applicant lives, or any other person familiar with the applicant.
(g) The Board shall notify an individual whose application has been denied or license revoked or suspended of the procedures for appealing the Board's decision.
(h) The Board may delegate to the executive director the authority to consider an applicant's minor criminal convictions.
Source Note: The provisions of this §72.18 adopted to be effective December 9, 2021, 46 TexReg 8251