Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 354 - MEDICAID HEALTH SERVICES
Subchapter N - PEER SPECIALIST SERVICES
Division 6 - PEER SPECIALIST AND PEER SPECIALIST SUPERVISOR CERTIFICATION
Section 354.3201 - Criminal History and Registry Checks

Universal Citation: 1 TX Admin Code § 354.3201

Current through Reg. 49, No. 38; September 20, 2024

(a) A certified peer specialist, certified peer specialist supervisor, or applicant for either certification must disclose and provide to a certification entity complete information about all:

(1) misdemeanor and felony charges;

(2) indictments;

(3) deferred adjudications;

(4) episodes of community supervision or probation; and

(5) convictions.

(b) Failure to make full and accurate disclosure under subsection (a) of this section may be grounds for application denial or disciplinary action, including revocation of the person's certification.

(c) If a certified peer specialist or certified peer specialist supervisor is convicted of a crime listed in subsection (d) of this section, the person must immediately report that information to the certification entity.

(d) HHSC has identified the following offenses as offenses directly related to the duties and responsibilities of a peer specialist or peer specialist supervisor and has categorized them according to the seriousness of the offense.

(1) Category 1 includes:

(A) capital offenses;

(B) sexual offenses involving a child victim;

(D) multiple counts of felony sexual offenses involving any adult victim; and

(E) 1st degree homicide.

(2) Category 2 includes:

(A) kidnapping;

(B) arson;

(D) felony sexual offenses involving an adult victim who is not a client (single count); and

(E) attempting to commit crimes in Category 1 or 2.

(3) Category 3 includes felony offenses that are not listed separately in this section and that result in actual or potential physical harm to others or animals.

(4) Category 4 includes:

(A) class A misdemeanor alcohol and drug offenses;

(B) class A misdemeanor offenses resulting in actual or potential physical harm to others or animals;

(D) all other felony offenses not listed separately in this section.

(5) Category 5 includes:

(A) class B misdemeanor alcohol and drug offenses; and

(B) class B misdemeanor offenses resulting in actual or potential physical harm to others or animals.

(e) A certification entity must deny the initial or renewal application of a person who has been convicted or placed on community supervision for a:

(1) category 1 offense during the person's lifetime;

(2) category 2 offense during the fifteen years preceding the date of application;

(3) category 3 offense during the ten years preceding the date of application;

(4) category 4 offense during the five years preceding the date of application, unless, at the time of application, proceedings have been dismissed and the person has been discharged after having been placed on and completing community supervision following a deferred adjudication; or

(5) category 5 offense during the three years preceding the date of application.

(f) A certification entity must deny the initial or renewal application of a person when there has been a finding of incapacity based on mental defect or disease by a court in a criminal matter.

(g) When a person's application is denied under subsection (e) or (f) of this section, the person may reapply when:

(1) the person receives a full pardon based on the person's wrongful conviction;

(2) the criminal bar timeframes under which an individual is not eligible to apply, as established in subsection (e) of this section, have elapsed; or

(3) the person who had been found to be incapacitated is found to be no longer incapacitated, in which case the provisions of this section applicable to the status of the charge and prosecution at that time will apply.

(h) A certification entity defers action on an initial or renewal application for a person who has been charged or indicted for an offense described in subsection (d) of this section. If the person is convicted, placed on deferred adjudication, or placed on community supervision for the offense, subsection (e) of this section applies. If the charges are dismissed or the person is acquitted, the application or renewal is processed without prejudice.

(1) The person remains subject to applicable renewal requirements during the deferral.

(2) A certification renewal remains deferred under this subsection until paragraph (4) of this subsection or subsection (e) of this section applies.

(3) A certification entity sends notice stating the reason for the deferral by certified mail to the certified peer specialist or certified peer specialist supervisor at the address listed in the certification entity's records.

(4) If no other bar exists at the time, the certification entity restores a person's certification upon receipt of official documentation that the charges have been dismissed or the person has been acquitted, except that, where the dismissal follows a deferred adjudication, the time frames set forth in subsection (e) of this section apply.

(i) A person whose certification has been denied or deferred under this section may appeal the action only if:

(1) the person was convicted or placed on community supervision or deferred adjudication; and

(2) the person claims that the timeframes outlined in subsection (e) of this section have elapsed.

(j) The provisions of this section do not limit the ability to take any other action against a certified peer specialist, certified peer specialist supervisor, or applicant for either certification as otherwise authorized by law, rule, or certification entity policy.

(k) A certified peer specialist, certified peer specialist supervisor, or applicant for either certification must not be listed on the Employee Misconduct Registry, maintained by HHSC under Chapter 253 of the Texas Health and Safety Code.

(l) A certification entity may develop an exception process for applicants with a criminal history that would require application denial under subsection (e) of this section. An exception process allows a certification applicant to request approval of the person's application, despite required denial under this section, due to extraordinary or extenuating circumstances specific to the person's criminal history and events of that person's life since the conviction.

(1) A certification entity's exception process must be documented and must be approved by HHSC.

(2) A certification entity's exception process may not apply to subsection (k) of this section.

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