Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 137 - BIRTHING CENTERS › Subchapter C - SURVEY PROCEDURES AND ENFORCEMENT › Section 137.22 - License Denial, Suspension, Probation, or Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may deny, suspend, or
				  revoke a license if the licensee or the center:
(1) violates a provision of Texas Birthing
				  Center Licensing Act, Health and Safety Code, Chapter 244;
(2) fails to meet a requirement of this
				  chapter;
(3) fails to comply with
				  an order of the commissioner of health or another enforcement procedure under
				  the Act;
(4) is involved in any
				  action as described in §137.11(a)(3)(J) - (K) of this title (relating to
				  Application Procedures and Issuance of Licenses); or
(5) has been convicted of a felony or
				  misdemeanor if the crime directly relates to the duties and responsibilities of
				  a center.
(A) In determining whether a
				  criminal conviction directly relates, the department shall consider the
				  provisions of Texas Occupations Code, Chapter 53.
(B) The department may deny a person a
				  license or suspend or revoke an existing license on the grounds that the person
				  has been convicted of a felony or misdemeanor that directly relates to the
				  duties and responsibilities of the ownership or operation of a facility. The
				  department shall apply the requirements of the Texas Occupations Code, Chapter
				  53.
(i) The department is entitled to obtain
				  criminal history information maintained by the Texas Department of Public
				  Safety (Government Code, §
													411.122),
				  the Federal Bureau of Investigation Identification Division (Government Code,
				  §
													411.087)
				  or any other law enforcement agency to investigate the eligibility of an
				  applicant for an initial or renewal license and to investigate the continued
				  eligibility of a licensee.
(ii) In
				  determining whether a criminal conviction directly relates, the department
				  shall consider the provisions of the Texas Occupations Code, §
													53.022
				  and §
													53.023.
(iii) The following felonies and misdemeanors
				  directly relate because these criminal offenses adversely affect a person's
				  ability to own or operate a facility:
(I) a
				  misdemeanor or felony involving moral turpitude;
(II) a misdemeanor or felony relating to
				  deceptive business practices;
(III)
				  a misdemeanor or felony of practicing any health-related profession without a
				  required license;
(IV) a
				  misdemeanor or felony under any federal or state law relating to drugs,
				  dangerous drugs, or controlled substances;
(V) a misdemeanor or felony under the Texas
				  Penal Code (TPC):
(-a-) Title 4 - offenses of
				  attempting or conspiring to commit any of the offenses in this
				  clause;
(-b-) Title 5 - offenses
				  against the person;
(-c-) Title 7 -
				  offenses against property;
(-d-)
				  Title 8 - offenses against public administration;
(-e-) Title 9 - offenses against public order
				  and decency;
(-f-) Title 10 -
				  offenses against public health, safety or morals; or
(-g-) Title 11 - offenses involving organized
				  crime.
(VI) offenses
				  listed in clause (iii) of this subparagraph are not exclusive in that the
				  department may consider similar criminal convictions from other state, federal,
				  foreign or military jurisdictions which indicate an inability or tendency for
				  the person to be unable to own or operate a facility.
(VII) a license holder's license shall be
				  revoked on the license holder's imprisonment following a felony conviction,
				  felony community supervision revocation, revocation of parole, or revocation of
				  mandatory supervision.
(6) fails to comply with applicable
				  requirements within a designated probation period;
(7) has a history of failure to comply with
				  the rules adopted under this chapter;
(8) has aided, abetted or permitted the
				  commission of an illegal act;
(9)
				  has committed fraud, misrepresentation, or concealment of a material fact on
				  any documents required to be submitted to the department or required to be
				  maintained by the facility pursuant to the provisions of this
				  chapter;
(10) fails to pay
				  administrative penalties; or
(11)
				  fails to implement plans of corrections to deficiencies cited by the
				  department.