If you have any concern that your criminal history may result in a proposal to deny your application for licensure as a midwife, you may wish to request a Criminal History Evaluation Letter prior to attending midwifery school or applying for a license. A non-refundable $50 fee is required.
Request a Criminal History Evaluation Letter
Please note that the following laws and rules will be considered:
Texas Occupations Code Chapter 53
The text of the law is available to download or print by scrolling to Chapter 53 at: http://www.statutes.legis.state.tx.us/
Note: You can find the Texas Occupations Code by scrolling and selecting "Occupations Code" on the first drop down box, then on Article/Chapter, scroll and select "Chapter 53, Consequences of Criminal Conviction", and finally select the "Go" button to view or print the Texas Occupations Code.
Texas Midwifery Board rules, 22 Texas Administrative Code Chapter §831.21 Application or Renewal with Criminal Conviction
Licensure of persons with criminal convictions.
(1) The Midwifery Board may refuse to issue a license to any individual who has been initially convicted of a felony or a misdemeanor involving moral turpitude, or whose probation imposed pursuant to such conviction has been revoked by the court.
(2) The Midwifery Board shall consider the following factors:
(A) the nature and seriousness of the crime or the reason the applicant's probation was revoked;
(B) any relationship between the crime and the practice of midwifery;
(C) whether licensure might offer the applicant an opportunity to engage in the same or similar criminal activity as that for which the applicant was previously convicted; and
(D) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of midwifery.
(3) The Midwifery Board, in determining the present fitness of a person who has been convicted of a felony or a misdemeanor involving moral turpitude, shall consider:
(A) the age of the applicant when the crime was committed;
(B) the amount of time that has elapsed since the applicant's conviction;
(C) the applicant's conduct and work history prior to and following the conviction;
(D) evidence of the applicant's progress toward rehabilitation while incarcerated, on probation, or following release; and
(E) other evidence of the person's present fitness, including letters of recommendation from:
(i) prosecutorial, law enforcement, probation, and correctional officers;
(ii) the sheriff or chief of police in the community where the applicant resides; and
(iii) other persons.
(4) Specific offenses for which a conviction would constitute grounds for the Midwifery Board to take action under Occupations Code, §53.021, because these criminal offenses indicate an inability or a tendency to be unable to practice midwifery in a manner consistent with public health, safety or welfare include:
(A) a violation of the Act;
(B) an offense related to misconduct or fraud in the provision of health care or which occurred in a health care facility;
(C) an offense involving the misuse or abuse of drugs or alcohol;
(D) an offense related to falsification of, or tampering with, a government document;
(E) an offense related to birth certificate fraud, or attempting to obtain citizenship through fraud;
(F) a misdemeanor involving deceptive business practices;
(G) the offense of assault or sexual assault;
(H) the felony offense of theft; or
(I) any other misdemeanor or felony which would indicate an inability or a tendency to be unable to practice midwifery in accordance with Subchapter D of this chapter (relating to Practice of Midwifery).