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Subchapter B Application and Issuance of a License
§97.11 Criteria and Eligibility for Licensing
(a)
(b)
(c)
(d)
(e)
(f)
(g)
An applicant for a license must not admit a client or initiate services until the applicant has
completed the application process and has received an initial license.
A first-time application for a license is an application for an initial license.
An application for a license when there is a change of ownership is an application for an initial
license.
A separate license is required for each place of business as defined in §97.2 of this chapter
(relating to Definitions).
An agency's place of business must be located in and have an address in Texas. An agency located
in another state must receive a license as a parent agency in Texas to operate as an agency in
Texas.
An applicant must be at least 18 years of age.
DADS does not issue a license to an applicant if the applicant, a controlling person of the
applicant, a person with a disclosable interest, an affiliate of the applicant, an administrator, or an
alternate administrator:
(1) at the time of application:
(A) has a criminal history of:
(i) a crime listed in Health and Safety Code, §250.006 (relating to
Convictions Barring Employment);
(ii) a conviction relating to deceptive business practices;
(iii) a misdemeanor or felony of practicing any health-related profession
without a required license;
(iv) a conviction under any federal or state law relating to drugs, dangerous
drugs, or controlled substances;
(v) an offense under the Penal Code involving a client or client of a health
care facility or agency; or
(vi) a misdemeanor or felony offense under the Penal Code, as follows:
(I)
(II)
(III)
(IV)
(V)
Title 5, concerning offenses against the person;
Title 7, concerning offenses against the property;
Title 9, concerning offenses against public order and
decency;
Title 10, concerning offenses against public health, safety,
and morals; or
Title 4, concerning offenses of attempting or conspiring to
attempt any of the offenses listed herein;
(B)
(C)
has an unsatisfied final judgment in any state or other jurisdiction;
is in default on a guaranteed student loan (Education Code, §57.491); or
DADS / LSHCSSA 06-1 SUBCHAPTER B - 1