CHAPTER 250. NURSE AIDE REGISTRY AND CRIMINAL HISTORY CHECKS OF EMPLOYEES AND APPLICANTS FOR EMPLOYMENT IN CERTAIN FACILITIES SERVING THE ELDERLY, PERSONS WITH DISABILITIES, OR PERSONS WITH TERMINAL I

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-250-nurse-aide-registry-and-criminal-history-checks-of-employees-and-applicants-for-employme

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE B. LICENSING OF HEALTH FACILITIES

CHAPTER 250. NURSE AIDE REGISTRY AND CRIMINAL HISTORY CHECKS OF

EMPLOYEES AND APPLICANTS FOR EMPLOYMENT IN CERTAIN FACILITIES

SERVING THE ELDERLY, PERSONS WITH DISABILITIES, OR PERSONS WITH

TERMINAL ILLNESSES

Sec. 250.001. DEFINITIONS. In this chapter:

(1) "Nurse aide registry" means a list maintained by the Texas

Department of Human Services of nurse aides under the Omnibus

Budget Reconciliation Act of 1987 (Pub. L. No. 100-203).

(2) "Direct contact with a consumer" means any contact with a

resident or client in a facility covered by this chapter.

(3) "Facility" means:

(A) a nursing home, custodial care home, or other institution

licensed by the Department of Aging and Disability Services under

Chapter 242;

(B) an assisted living facility licensed by the Department of

Aging and Disability Services under Chapter 247;

Chapter 142;

(D) an adult day care facility licensed by the Department of

Aging and Disability Services under Chapter 103, Human Resources

Code;

(E) a facility for persons with mental retardation licensed

under Chapter 252;

(F) an adult foster care provider that contracts with the

Department of Aging and Disability Services;

(G) a facility that provides mental health services and that is

operated by or contracts with the Department of State Health

Services;

(H) a local mental health or mental retardation authority

designated under Section 533.035;

(I) a person exempt from licensing under Section 142.003(a)(19);

(J) a special care facility licensed by the Department of State

Health Services under Chapter 248.

(4) "Private agency" means a person engaged in the business of

obtaining criminal history checks on behalf of a facility.

(5) "Regulatory agency" means a state agency referred to in

Subdivision (3).

Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June

16, 1995; Acts 1999, 76th Leg., ch. 233, Sec. 3, eff. Sept. 1,

1999; Acts 1999, 76th Leg., ch. 1209, Sec. 2, eff. Sept. 1, 1999;

Acts 2003, 78th Leg., ch. 198, Sec. 2.198, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1189, Sec. 2, eff. September 1, 2009.

Sec. 250.002. INFORMATION OBTAINED BY FACILITY, REGULATORY

AGENCY, OR PRIVATE AGENCY. (a) A facility, a regulatory agency,

or a private agency on behalf of a facility is entitled to obtain

from the Department of Public Safety of the State of Texas

criminal history record information maintained by the Department

of Public Safety that relates to a person who is:

(1) an applicant for employment at a facility other than a

facility licensed under Chapter 142;

(2) an employee of a facility other than a facility licensed

under Chapter 142; or

(3) an applicant for employment at or an employee of a facility

licensed under Chapter 142 whose employment duties would or do

involve direct contact with a consumer in the facility.

(b) A facility may:

(1) pay a private agency to obtain criminal history record

information for an applicant or employee described by Subsection

(a) directly from the Department of Public Safety of the State of

Texas; or

(2) obtain the information directly from the Department of

Public Safety.

information received under this section to the facility

requesting the information.

(d) A regulatory agency may adopt rules relating to the

processing of information requested or obtained under this

chapter.

Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June

16, 1995; Acts 2001, 77th Leg., ch. 1025, Sec. 3, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 1267, Sec. 2, eff. Sept. 1, 2001.

Sec. 250.003. VERIFICATION OF EMPLOYABILITY; ANNUAL SEARCH;

DISCHARGE. (a) A facility may not employ an applicant:

(1) if the facility determines, as a result of a criminal

history check, that the applicant has been convicted of an

offense listed in this chapter that bars employment or that a

conviction is a contraindication to employment with the consumers

the facility serves;

(2) if the applicant is a nurse aide, until the facility further

verifies that the applicant is listed in the nurse aide registry;

and

(3) until the facility verifies that the applicant is not

designated in the registry maintained under this chapter or in

the employee misconduct registry maintained under Section 253.007

as having a finding entered into the registry concerning abuse,

neglect, or mistreatment of a consumer of a facility, or

misappropriation of a consumer's property.

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

763, Sec. 7

(a-1) Except for an applicant for employment at or an employee

of a facility licensed under Chapter 242 or 247, a person

licensed under another law of this state is exempt from the

requirements of this chapter.

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

436, Sec. 1

(a-1) If a facility employs a person pending a criminal history

check, the facility shall ensure that the person has no direct

contact with a consumer until the facility obtains the person's

criminal history record information and verifies the person's

employability under Section 250.006.

(b) The facility may not employ an applicant covered by

Subsection (a), except that in an emergency requiring immediate

employment, a facility may hire on a temporary or interim basis a

person not listed in the registry pending the results of a

criminal conviction check, which must be requested:

(1) within 72 hours of employment; or

(2) if the facility is licensed under Chapter 242 or 247, within

24 hours of employment.

designated in the nurse aide registry or the employee misconduct

registry established under Chapter 253 as having committed an act

of abuse, neglect, or mistreatment of a consumer of a facility,

or misappropriation of a consumer's property, or whose criminal

history check reveals conviction of a crime that bars employment

or that the facility determines is a contraindication to

employment as provided by this chapter.

(d) In addition to the initial verification of employability, a

facility shall:

(1) annually search the nurse aide registry maintained under

this chapter and the employee misconduct registry maintained

under Section 253.007 to determine whether any employee of the

facility is designated in either registry as having abused,

neglected, or exploited a resident or consumer of a facility or

an individual receiving services from a facility; and

(2) maintain in each employee's personnel file a copy of the

results of the search conducted under Subdivision (1).

Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1,

1993. Renumbered from Health & Safety Code Sec. 250.002 and

amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June 16,

1995. Amended by Acts 2001, 77th Leg., ch. 1025, Sec. 4, eff.

Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1267, Sec. 3, eff. Sept.

1, 2001; Acts 2003, 78th Leg., ch. 911, Sec. 1, eff. June 20,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

436, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

763, Sec. 6, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

763, Sec. 7, eff. June 19, 2009.

Sec. 250.004. CRIMINAL HISTORY RECORD OF EMPLOYEES. (a)

Identifying information of an employee in a covered facility

shall be submitted electronically, on disk, or on a typewritten

form to the Department of Public Safety to obtain the person's

criminal conviction record when the person applies for employment

and at other times as the facility may determine appropriate. In

this subsection, "identifying information" includes:

(1) the complete name, race, and sex of the employee;

(2) any known identifying number of the employee, including

social security number, driver's license number, or state

identification number; and

(3) the employee's date of birth.

(b) If the Department of Public Safety reports that a person has

a criminal conviction of any kind, the conviction shall be

reviewed by the facility to determine if the conviction may bar

the person from employment in a facility under Section 250.006 or

if the conviction may be a contraindication to employment.

Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1,

1993. Renumbered from Health & Safety Code Sec. 250.003 and

amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June 16,

1995; Acts 1999, 76th Leg., ch. 629, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1025, Sec. 5, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 1267, Sec. 4, eff. Sept. 1, 2001.

Sec. 250.005. NOTICE AND OPPORTUNITY TO BE HEARD CONCERNING

ACCURACY OF INFORMATION. (a) If a facility believes that a

conviction may bar a person from employment in a facility under

Section 250.006 or may be a contraindication to employment, the

facility shall notify the applicant or employee.

(b) The Department of Public Safety of the State of Texas shall

give a person notified under Subsection (a) the opportunity to be

heard concerning the accuracy of the criminal history record

information and shall notify the facility if inaccurate

information is discovered.

Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

eff. Sept. 1, 1995. Renumbered from Health & Safety Code Sec.

250.004 and amended by Acts 1995, 74th Leg., ch. 831, Sec. 1,

eff. June 16, 1995.

Sec. 250.006. CONVICTIONS BARRING EMPLOYMENT. (a) A person for

whom the facility is entitled to obtain criminal history record

information may not be employed in a facility if the person has

been convicted of an offense listed in this subsection:

(1) an offense under Chapter 19, Penal Code (criminal homicide);

(2) an offense under Chapter 20, Penal Code (kidnapping and

unlawful restraint);

(3) an offense under Section 21.02, Penal Code (continuous

sexual abuse of young child or children), or Section 21.11, Penal

Code (indecency with a child);

(4) an offense under Section 22.011, Penal Code (sexual

assault);

(5) an offense under Section 22.02, Penal Code (aggravated

assault);

(6) an offense under Section 22.04, Penal Code (injury to a

child, elderly individual, or disabled individual);

(7) an offense under Section 22.041, Penal Code (abandoning or

endangering child);

(8) an offense under Section 22.08, Penal Code (aiding suicide);

(9) an offense under Section 25.031, Penal Code (agreement to

abduct from custody);

(10) an offense under Section 25.08, Penal Code (sale or

purchase of a child);

(11) an offense under Section 28.02, Penal Code (arson);

(12) an offense under Section 29.02, Penal Code (robbery);

(13) an offense under Section 29.03, Penal Code (aggravated

robbery);

(14) an offense under Section 21.08, Penal Code (indecent

exposure);

(15) an offense under Section 21.12, Penal Code (improper

relationship between educator and student);

(16) an offense under Section 21.15, Penal Code (improper

photography or visual recording);

(17) an offense under Section 22.05, Penal Code (deadly

conduct);

(18) an offense under Section 22.021, Penal Code (aggravated

sexual assault);

(19) an offense under Section 22.07, Penal Code (terroristic

threat);

(20) an offense under Section 33.021, Penal Code (online

solicitation of a minor);

(21) an offense under Section 34.02, Penal Code (money

laundering);

(22) an offense under Section 35A.02, Penal Code (Medicaid

fraud);

(23) an offense under Section 42.09, Penal Code (cruelty to

animals); or

(24) a conviction under the laws of another state, federal law,

or the Uniform Code of Military Justice for an offense containing

elements that are substantially similar to the elements of an

offense listed by this subsection.

(b) A person may not be employed in a position the duties of

which involve direct contact with a consumer in a facility before

the fifth anniversary of the date the person is convicted of:

(1) an offense under Section 22.01, Penal Code (assault), that

is punishable as a Class A misdemeanor or as a felony;

(2) an offense under Section 30.02, Penal Code (burglary);

(3) an offense under Chapter 31, Penal Code (theft), that is

punishable as a felony;

(4) an offense under Section 32.45, Penal Code (misapplication

of fiduciary property or property of a financial institution),

that is punishable as a Class A misdemeanor or a felony;

(5) an offense under Section 32.46, Penal Code (securing

execution of a document by deception), that is punishable as a

Class A misdemeanor or a felony;

(6) an offense under Section 37.12, Penal Code (false

identification as peace officer); or

(7) an offense under Section 42.01(a)(7), (8), or (9), Penal

Code (disorderly conduct).

Subsections (a) and (b), a person for whom a facility licensed

under Chapter 242 or 247 is entitled to obtain criminal history

record information may not be employed in a facility licensed

under Chapter 242 or 247 if the person has been convicted:

(1) of an offense under Section 30.02, Penal Code (burglary); or

(2) under the laws of another state, federal law, or the Uniform

Code of Military Justice for an offense containing elements that

are substantially similar to the elements of an offense under

Section 30.02, Penal Code.

(d) For purposes of this section, a person who is placed on

deferred adjudication community supervision for an offense listed

in this section, successfully completes the period of deferred

adjudication community supervision, and receives a dismissal and

discharge in accordance with Section 5(c), Article 42.12, Code of

Criminal Procedure, is not considered convicted of the offense

for which the person received deferred adjudication community

supervision.

Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.39, eff.

Sept. 1, 1995. Renumbered from Health & Safety Code Sec.

250.005 and amended by Acts 1995, 74th Leg., ch. 831, Sec. 1,

eff. June 16, 1995. Amended by Acts 1997, 75th Leg., ch. 482,

Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1159, Sec.

1.33, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1025, Sec. 6,

eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1267, Sec. 5, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 911, Sec. 2, eff. June

20, 2003; Acts 2003, 78th Leg., ch. 1084, Sec. 1, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 1209, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 3.44, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

971, Sec. 1, eff. September 1, 2007.

Sec. 250.007. RECORDS PRIVILEGED. (a) The criminal history

records are for the exclusive use of the regulatory agency, the

requesting facility, the private agency on behalf of the

requesting facility, and the applicant or employee who is the

subject of the records.

(b) All criminal records and reports and the information they

contain that are received by the regulatory agency or private

agency for the purpose of being forwarded to the requesting

facility are privileged information.

contain may not be released or otherwise disclosed to any person

or agency except on court order or with the written consent of

the person being investigated.

Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June

16, 1995.

Sec. 250.008. CRIMINAL PENALTY. (a) A person commits an

offense if the person releases or otherwise discloses any

information received under this chapter except as prescribed by

Section 250.007(b) or (c).

(b) An offense under this section is a Class A misdemeanor.

Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June

16, 1995.

Sec. 250.009. CIVIL LIABILITY. (a) A facility or an officer or

employee of a facility is not civilly liable for failure to

comply with this chapter if the facility makes a good faith

effort to comply.

(b) A regulatory agency is not civilly liable to a person for

criminal history record information forwarded to a requesting

facility in accordance with this chapter.

Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June

16, 1995.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!