Sec. 531.953. DENIAL OF APPLICATION BASED ON ADVERSE AGENCY DECISION. A health and human services agency that regulates a person described by Section 531.951 may deny an application for a license, including a renewal license or a license that does not expire, a listing, or a registration included in that section if:
(1) any of the following persons are listed in a record maintained under Section 531.952:
(A) the applicant;
(B) a person listed on the application; or
(C) a person determined by the applicable regulating agency to be a controlling person of an entity for which the license, including a renewal license or a license that does not expire, the listing, or the registration is sought; and
(2) the agency's action that resulted in the person being listed in a record maintained under Section 531.952 is based on:
(A) an act or omission that resulted in physical or mental harm to an individual in the care of the applicant or person;
(B) a threat to the health, safety, or well-being of an individual in the care of the applicant or person;
(C) the physical, mental, or financial exploitation of an individual in the care of the applicant or person; or
(D) a determination by the agency that the applicant or person has committed an act or omission that renders the applicant unqualified or unfit to fulfill the obligations of the license, listing, or registration.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1051 (S.B. 78), Sec. 1, eff. September 1, 2011.
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