Health & Safety Code vs. Occupations Code

It is possible for an aide or applicant to have a criminal conviction that is listed under the Health and Safety Code, but not be listed under the Occupations Code.

List of Convictions Barring Employment or Disqualifying a person from HHSC Licensure as a Nurse Aide or Medication Aide



Is the aide or applicant still barred or disqualified?

In this situation, HHSC reviews certain factors before determining whether to take adverse action. HHSC will consider the following factors:


  • the extent and nature of the person's past criminal activity
  • the age of the person when the crime was committed
  • the amount of time that has elapsed since the person's last criminal activity
  • the conduct and work activity of the person before and after the criminal activity
  • evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release.


HHSC will also consider evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision, and other evidence of the person's fitness, including letters of recommendation provided by the person.




The aide or applicant must provide HHSC with information relevant to these factors.