State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-253-employee-misconduct-registry

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE B. LICENSING OF HEALTH FACILITIES

CHAPTER 253. EMPLOYEE MISCONDUCT REGISTRY

Sec. 253.001. DEFINITIONS. In this chapter:

(1) "Commissioner" means the commissioner of aging and

disability services.

(2) "Department" means the Department of Aging and Disability

Services.

(3) "Employee" means a person who:

(A) works at a facility;

(B) is an individual who provides personal care services, active

treatment, or any other personal services to a resident or

consumer of the facility; and

(C) is not licensed by an agency of the state to perform the

services the employee performs at the facility or is a nurse aide

employed by a facility.

(3-a) "Executive commissioner" means the executive commissioner

of the Health and Human Services Commission.

(4) "Facility" means:

(A) a facility:

(i) licensed by the department; or

(ii) licensed under Chapter 252;

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

department; or

(C) a home and community support services agency licensed by the

department under Chapter 142.

(5) "Reportable conduct" includes:

(A) abuse or neglect that causes or may cause death or harm to a

resident or consumer of a facility;

(B) sexual abuse of a resident or consumer of a facility;

(C) financial exploitation of a resident or consumer of a

facility in an amount of $25 or more; and

(D) emotional, verbal, or psychological abuse that causes harm

to a resident or consumer of a facility.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 6, eff.

Sept. 1, 2001.

Amended by:

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

809, Sec. 21, eff. September 1, 2007.

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

284, Sec. 15, eff. June 11, 2009.

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

763, Sec. 8, eff. June 19, 2009.

Sec. 253.002. INVESTIGATION BY DEPARTMENT. (a) If the

department receives a report that an employee of a facility,

other than a facility licensed under Chapter 252, committed

reportable conduct, the department shall investigate the report

to determine whether the employee has committed the reportable

conduct.

(b) If the Department of Aging and Disability Services receives

a report that an employee of a facility licensed under Chapter

252 committed reportable conduct, the department shall forward

that report to the Department of Family and Protective Services

for investigation.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 7, eff.

Sept. 1, 2001.

Amended by:

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

284, Sec. 16, eff. June 11, 2009.

Sec. 253.003. DETERMINATION; NOTICE. (a) If, after an

investigation, the department determines that the reportable

conduct occurred, the department shall give written notice of the

department's findings. The notice must include:

(1) a brief summary of the department's findings; and

(2) a statement of the person's right to a hearing on the

occurrence of the reportable conduct.

(b) Not later than the 30th day after the date on which the

notice is received, the employee notified may accept the

determination of the department made under this section or may

make a written request for a hearing on that determination.

(c) If the employee notified of the violation accepts the

determination of the department or fails to timely respond to the

notice, the commissioner or the commissioner's designee shall

issue an order approving the determination and ordering that the

reportable conduct be recorded in the registry under Section

253.007.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 8, eff.

Sept. 1, 2001.

Sec. 253.004. HEARING; ORDER. (a) If the employee requests a

hearing, the department shall:

(1) set a hearing;

(2) give written notice of the hearing to the employee; and

(3) designate a hearings examiner to conduct the hearing.

(b) The hearings examiner shall make findings of fact and

conclusions of law and shall promptly issue to the commissioner

or the commissioner's designee a proposal for decision as to the

occurrence of the reportable conduct.

(c) Based on the findings of fact and conclusions of law and the

recommendations of the hearings examiner, the commissioner or the

commissioner's designee by order may find that the reportable

conduct has occurred. If the commissioner or the commissioner's

designee finds that the reportable conduct has occurred, the

commissioner or the commissioner's designee shall issue an order

approving the determination.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 9, eff.

Sept. 1, 2001.

Sec. 253.005. NOTICE; JUDICIAL REVIEW. (a) The department

shall give notice of the order under Section 253.004 to the

employee alleged to have committed the reportable conduct. The

notice must include:

(1) separate statements of the findings of fact and conclusions

of law;

(2) a statement of the right of the employee to judicial review

of the order; and

(3) a statement that the reportable conduct will be recorded in

the registry under Section 253.007 if:

(A) the employee does not request judicial review of the

determination; or

(B) the determination is sustained by the court.

(b) Not later than the 30th day after the date on which the

decision becomes final as provided by Chapter 2001, Government

Code, the employee may file a petition for judicial review

contesting the finding of the reportable conduct. If the employee

does not request judicial review of the determination, the

department shall record the reportable conduct in the registry

under Section 253.007.

(c) Judicial review of the order:

(1) is instituted by filing a petition as provided by Subchapter

G, Chapter 2001, Government Code; and

(2) is under the substantial evidence rule.

(d) If the court sustains the finding of the occurrence of the

reportable conduct, the department shall record the reportable

conduct in the registry under Section 253.007.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 10, eff.

Sept. 1, 2001.

Sec. 253.0055. REMOVAL OF NURSE AIDE FINDING. If a finding of

reportable conduct is the basis for an entry in the nurse aide

registry maintained under Chapter 250 and the entry is

subsequently removed from the nurse aide registry, the

commissioner or the commissioner's designee shall immediately

remove the record of reportable conduct from the employee

misconduct registry maintained under Section 253.007.

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

763, Sec. 9, eff. June 19, 2009.

Sec. 253.006. INFORMAL PROCEEDINGS. The executive commissioner

by rule shall adopt procedures governing informal proceedings

held in compliance with Section 2001.056, Government Code.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999.

Amended by:

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

763, Sec. 10, eff. June 19, 2009.

Sec. 253.007. EMPLOYEE MISCONDUCT REGISTRY. (a) The department

shall establish an employee misconduct registry. If the

department in accordance with this chapter finds that an employee

of a facility has committed reportable conduct, the department

shall make a record of the employee's name, the employee's

address, the employee's social security number, the name of the

facility, the address of the facility, the date the reportable

conduct occurred, and a description of the reportable conduct.

(b) If an agency of another state or the federal government

finds that an employee has committed an act that constitutes

reportable conduct, the department may make a record in the

employee misconduct registry of the employee's name, the

employee's address, the employee's social security number, the

name of the facility, the address of the facility, the date of

the act, and a description of the act.

(c) The department shall make the registry available to the

public.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 11, eff.

Sept. 1, 2001.

Amended by:

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

763, Sec. 11, eff. June 19, 2009.

Sec. 253.0075. RECORDING REPORTABLE CONDUCT REPORTED BY

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. On receipt of a

finding of an employee's reportable conduct by the Department of

Family and Protective Services under Subchapter I, Chapter 48,

Human Resources Code, the department shall record the information

in the employee misconduct registry in accordance with Section

253.007.

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 14, eff. Sept. 1,

2001.

Amended by:

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

763, Sec. 12, eff. June 19, 2009.

Sec. 253.008. VERIFICATION OF EMPLOYABILITY; ANNUAL SEARCH. (a)

Before a facility as defined in this chapter or an agency as

defined in Section 48.401, Human Resources Code, may hire an

employee, the facility or agency shall search the employee

misconduct registry under this chapter and the nurse aide

registry maintained under Chapter 250 as required by the Omnibus

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

determine whether the applicant for employment is designated in

either registry as having abused, neglected, or exploited a

resident or consumer of a facility or agency or an individual

receiving services from a facility or agency.

(b) A facility or agency may not employ a person who is listed

in either registry as having abused, neglected, or exploited a

resident or consumer of a facility or agency or an individual

receiving services from a facility or agency.

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

facility or agency shall:

(1) annually search the employee misconduct registry and the

nurse aide registry maintained under Chapter 250 to determine

whether any employee of the facility or agency is designated in

either registry as having abused, neglected, or exploited a

resident or consumer of a facility or agency or an individual

receiving services from a facility or agency; and

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

results of the search conducted under Subdivision (1).

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 12, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.68, eff.

Sept. 1, 2003.

Amended by:

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

809, Sec. 22, eff. September 1, 2007.

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

763, Sec. 13, eff. June 19, 2009.

Sec. 253.009. NOTIFICATION. (a) Each facility as defined in

this chapter and each agency as defined in Section 48.401, Human

Resources Code, shall notify its employees in a manner prescribed

by the Department of Aging and Disability Services:

(1) about the employee misconduct registry; and

(2) that an employee may not be employed if the employee is

listed in the registry.

(b) The executive commissioner shall adopt rules to implement

this section.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 13, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.69, eff.

Sept. 1, 2003.

Amended by:

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

809, Sec. 23, eff. September 1, 2007.

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

763, Sec. 14, eff. June 19, 2009.

Sec. 253.010. REMOVAL FROM REGISTRY. The department may remove

a person from the employee misconduct registry if, after

receiving a written request from the person, the department

determines that the person does not meet the requirements for

inclusion in the employee misconduct registry.

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 14, eff. Sept. 1,

2001.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-253-employee-misconduct-registry

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE B. LICENSING OF HEALTH FACILITIES

CHAPTER 253. EMPLOYEE MISCONDUCT REGISTRY

Sec. 253.001. DEFINITIONS. In this chapter:

(1) "Commissioner" means the commissioner of aging and

disability services.

(2) "Department" means the Department of Aging and Disability

Services.

(3) "Employee" means a person who:

(A) works at a facility;

(B) is an individual who provides personal care services, active

treatment, or any other personal services to a resident or

consumer of the facility; and

(C) is not licensed by an agency of the state to perform the

services the employee performs at the facility or is a nurse aide

employed by a facility.

(3-a) "Executive commissioner" means the executive commissioner

of the Health and Human Services Commission.

(4) "Facility" means:

(A) a facility:

(i) licensed by the department; or

(ii) licensed under Chapter 252;

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

department; or

(C) a home and community support services agency licensed by the

department under Chapter 142.

(5) "Reportable conduct" includes:

(A) abuse or neglect that causes or may cause death or harm to a

resident or consumer of a facility;

(B) sexual abuse of a resident or consumer of a facility;

(C) financial exploitation of a resident or consumer of a

facility in an amount of $25 or more; and

(D) emotional, verbal, or psychological abuse that causes harm

to a resident or consumer of a facility.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 6, eff.

Sept. 1, 2001.

Amended by:

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

809, Sec. 21, eff. September 1, 2007.

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

284, Sec. 15, eff. June 11, 2009.

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

763, Sec. 8, eff. June 19, 2009.

Sec. 253.002. INVESTIGATION BY DEPARTMENT. (a) If the

department receives a report that an employee of a facility,

other than a facility licensed under Chapter 252, committed

reportable conduct, the department shall investigate the report

to determine whether the employee has committed the reportable

conduct.

(b) If the Department of Aging and Disability Services receives

a report that an employee of a facility licensed under Chapter

252 committed reportable conduct, the department shall forward

that report to the Department of Family and Protective Services

for investigation.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 7, eff.

Sept. 1, 2001.

Amended by:

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

284, Sec. 16, eff. June 11, 2009.

Sec. 253.003. DETERMINATION; NOTICE. (a) If, after an

investigation, the department determines that the reportable

conduct occurred, the department shall give written notice of the

department's findings. The notice must include:

(1) a brief summary of the department's findings; and

(2) a statement of the person's right to a hearing on the

occurrence of the reportable conduct.

(b) Not later than the 30th day after the date on which the

notice is received, the employee notified may accept the

determination of the department made under this section or may

make a written request for a hearing on that determination.

(c) If the employee notified of the violation accepts the

determination of the department or fails to timely respond to the

notice, the commissioner or the commissioner's designee shall

issue an order approving the determination and ordering that the

reportable conduct be recorded in the registry under Section

253.007.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 8, eff.

Sept. 1, 2001.

Sec. 253.004. HEARING; ORDER. (a) If the employee requests a

hearing, the department shall:

(1) set a hearing;

(2) give written notice of the hearing to the employee; and

(3) designate a hearings examiner to conduct the hearing.

(b) The hearings examiner shall make findings of fact and

conclusions of law and shall promptly issue to the commissioner

or the commissioner's designee a proposal for decision as to the

occurrence of the reportable conduct.

(c) Based on the findings of fact and conclusions of law and the

recommendations of the hearings examiner, the commissioner or the

commissioner's designee by order may find that the reportable

conduct has occurred. If the commissioner or the commissioner's

designee finds that the reportable conduct has occurred, the

commissioner or the commissioner's designee shall issue an order

approving the determination.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 9, eff.

Sept. 1, 2001.

Sec. 253.005. NOTICE; JUDICIAL REVIEW. (a) The department

shall give notice of the order under Section 253.004 to the

employee alleged to have committed the reportable conduct. The

notice must include:

(1) separate statements of the findings of fact and conclusions

of law;

(2) a statement of the right of the employee to judicial review

of the order; and

(3) a statement that the reportable conduct will be recorded in

the registry under Section 253.007 if:

(A) the employee does not request judicial review of the

determination; or

(B) the determination is sustained by the court.

(b) Not later than the 30th day after the date on which the

decision becomes final as provided by Chapter 2001, Government

Code, the employee may file a petition for judicial review

contesting the finding of the reportable conduct. If the employee

does not request judicial review of the determination, the

department shall record the reportable conduct in the registry

under Section 253.007.

(c) Judicial review of the order:

(1) is instituted by filing a petition as provided by Subchapter

G, Chapter 2001, Government Code; and

(2) is under the substantial evidence rule.

(d) If the court sustains the finding of the occurrence of the

reportable conduct, the department shall record the reportable

conduct in the registry under Section 253.007.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 10, eff.

Sept. 1, 2001.

Sec. 253.0055. REMOVAL OF NURSE AIDE FINDING. If a finding of

reportable conduct is the basis for an entry in the nurse aide

registry maintained under Chapter 250 and the entry is

subsequently removed from the nurse aide registry, the

commissioner or the commissioner's designee shall immediately

remove the record of reportable conduct from the employee

misconduct registry maintained under Section 253.007.

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

763, Sec. 9, eff. June 19, 2009.

Sec. 253.006. INFORMAL PROCEEDINGS. The executive commissioner

by rule shall adopt procedures governing informal proceedings

held in compliance with Section 2001.056, Government Code.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999.

Amended by:

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

763, Sec. 10, eff. June 19, 2009.

Sec. 253.007. EMPLOYEE MISCONDUCT REGISTRY. (a) The department

shall establish an employee misconduct registry. If the

department in accordance with this chapter finds that an employee

of a facility has committed reportable conduct, the department

shall make a record of the employee's name, the employee's

address, the employee's social security number, the name of the

facility, the address of the facility, the date the reportable

conduct occurred, and a description of the reportable conduct.

(b) If an agency of another state or the federal government

finds that an employee has committed an act that constitutes

reportable conduct, the department may make a record in the

employee misconduct registry of the employee's name, the

employee's address, the employee's social security number, the

name of the facility, the address of the facility, the date of

the act, and a description of the act.

(c) The department shall make the registry available to the

public.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 11, eff.

Sept. 1, 2001.

Amended by:

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

763, Sec. 11, eff. June 19, 2009.

Sec. 253.0075. RECORDING REPORTABLE CONDUCT REPORTED BY

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. On receipt of a

finding of an employee's reportable conduct by the Department of

Family and Protective Services under Subchapter I, Chapter 48,

Human Resources Code, the department shall record the information

in the employee misconduct registry in accordance with Section

253.007.

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 14, eff. Sept. 1,

2001.

Amended by:

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

763, Sec. 12, eff. June 19, 2009.

Sec. 253.008. VERIFICATION OF EMPLOYABILITY; ANNUAL SEARCH. (a)

Before a facility as defined in this chapter or an agency as

defined in Section 48.401, Human Resources Code, may hire an

employee, the facility or agency shall search the employee

misconduct registry under this chapter and the nurse aide

registry maintained under Chapter 250 as required by the Omnibus

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

determine whether the applicant for employment is designated in

either registry as having abused, neglected, or exploited a

resident or consumer of a facility or agency or an individual

receiving services from a facility or agency.

(b) A facility or agency may not employ a person who is listed

in either registry as having abused, neglected, or exploited a

resident or consumer of a facility or agency or an individual

receiving services from a facility or agency.

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

facility or agency shall:

(1) annually search the employee misconduct registry and the

nurse aide registry maintained under Chapter 250 to determine

whether any employee of the facility or agency is designated in

either registry as having abused, neglected, or exploited a

resident or consumer of a facility or agency or an individual

receiving services from a facility or agency; and

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

results of the search conducted under Subdivision (1).

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 12, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.68, eff.

Sept. 1, 2003.

Amended by:

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

809, Sec. 22, eff. September 1, 2007.

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

763, Sec. 13, eff. June 19, 2009.

Sec. 253.009. NOTIFICATION. (a) Each facility as defined in

this chapter and each agency as defined in Section 48.401, Human

Resources Code, shall notify its employees in a manner prescribed

by the Department of Aging and Disability Services:

(1) about the employee misconduct registry; and

(2) that an employee may not be employed if the employee is

listed in the registry.

(b) The executive commissioner shall adopt rules to implement

this section.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 13, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.69, eff.

Sept. 1, 2003.

Amended by:

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

809, Sec. 23, eff. September 1, 2007.

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

763, Sec. 14, eff. June 19, 2009.

Sec. 253.010. REMOVAL FROM REGISTRY. The department may remove

a person from the employee misconduct registry if, after

receiving a written request from the person, the department

determines that the person does not meet the requirements for

inclusion in the employee misconduct registry.

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 14, eff. Sept. 1,

2001.


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State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-253-employee-misconduct-registry

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE B. LICENSING OF HEALTH FACILITIES

CHAPTER 253. EMPLOYEE MISCONDUCT REGISTRY

Sec. 253.001. DEFINITIONS. In this chapter:

(1) "Commissioner" means the commissioner of aging and

disability services.

(2) "Department" means the Department of Aging and Disability

Services.

(3) "Employee" means a person who:

(A) works at a facility;

(B) is an individual who provides personal care services, active

treatment, or any other personal services to a resident or

consumer of the facility; and

(C) is not licensed by an agency of the state to perform the

services the employee performs at the facility or is a nurse aide

employed by a facility.

(3-a) "Executive commissioner" means the executive commissioner

of the Health and Human Services Commission.

(4) "Facility" means:

(A) a facility:

(i) licensed by the department; or

(ii) licensed under Chapter 252;

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

department; or

(C) a home and community support services agency licensed by the

department under Chapter 142.

(5) "Reportable conduct" includes:

(A) abuse or neglect that causes or may cause death or harm to a

resident or consumer of a facility;

(B) sexual abuse of a resident or consumer of a facility;

(C) financial exploitation of a resident or consumer of a

facility in an amount of $25 or more; and

(D) emotional, verbal, or psychological abuse that causes harm

to a resident or consumer of a facility.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 6, eff.

Sept. 1, 2001.

Amended by:

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

809, Sec. 21, eff. September 1, 2007.

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

284, Sec. 15, eff. June 11, 2009.

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

763, Sec. 8, eff. June 19, 2009.

Sec. 253.002. INVESTIGATION BY DEPARTMENT. (a) If the

department receives a report that an employee of a facility,

other than a facility licensed under Chapter 252, committed

reportable conduct, the department shall investigate the report

to determine whether the employee has committed the reportable

conduct.

(b) If the Department of Aging and Disability Services receives

a report that an employee of a facility licensed under Chapter

252 committed reportable conduct, the department shall forward

that report to the Department of Family and Protective Services

for investigation.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 7, eff.

Sept. 1, 2001.

Amended by:

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

284, Sec. 16, eff. June 11, 2009.

Sec. 253.003. DETERMINATION; NOTICE. (a) If, after an

investigation, the department determines that the reportable

conduct occurred, the department shall give written notice of the

department's findings. The notice must include:

(1) a brief summary of the department's findings; and

(2) a statement of the person's right to a hearing on the

occurrence of the reportable conduct.

(b) Not later than the 30th day after the date on which the

notice is received, the employee notified may accept the

determination of the department made under this section or may

make a written request for a hearing on that determination.

(c) If the employee notified of the violation accepts the

determination of the department or fails to timely respond to the

notice, the commissioner or the commissioner's designee shall

issue an order approving the determination and ordering that the

reportable conduct be recorded in the registry under Section

253.007.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 8, eff.

Sept. 1, 2001.

Sec. 253.004. HEARING; ORDER. (a) If the employee requests a

hearing, the department shall:

(1) set a hearing;

(2) give written notice of the hearing to the employee; and

(3) designate a hearings examiner to conduct the hearing.

(b) The hearings examiner shall make findings of fact and

conclusions of law and shall promptly issue to the commissioner

or the commissioner's designee a proposal for decision as to the

occurrence of the reportable conduct.

(c) Based on the findings of fact and conclusions of law and the

recommendations of the hearings examiner, the commissioner or the

commissioner's designee by order may find that the reportable

conduct has occurred. If the commissioner or the commissioner's

designee finds that the reportable conduct has occurred, the

commissioner or the commissioner's designee shall issue an order

approving the determination.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 9, eff.

Sept. 1, 2001.

Sec. 253.005. NOTICE; JUDICIAL REVIEW. (a) The department

shall give notice of the order under Section 253.004 to the

employee alleged to have committed the reportable conduct. The

notice must include:

(1) separate statements of the findings of fact and conclusions

of law;

(2) a statement of the right of the employee to judicial review

of the order; and

(3) a statement that the reportable conduct will be recorded in

the registry under Section 253.007 if:

(A) the employee does not request judicial review of the

determination; or

(B) the determination is sustained by the court.

(b) Not later than the 30th day after the date on which the

decision becomes final as provided by Chapter 2001, Government

Code, the employee may file a petition for judicial review

contesting the finding of the reportable conduct. If the employee

does not request judicial review of the determination, the

department shall record the reportable conduct in the registry

under Section 253.007.

(c) Judicial review of the order:

(1) is instituted by filing a petition as provided by Subchapter

G, Chapter 2001, Government Code; and

(2) is under the substantial evidence rule.

(d) If the court sustains the finding of the occurrence of the

reportable conduct, the department shall record the reportable

conduct in the registry under Section 253.007.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 10, eff.

Sept. 1, 2001.

Sec. 253.0055. REMOVAL OF NURSE AIDE FINDING. If a finding of

reportable conduct is the basis for an entry in the nurse aide

registry maintained under Chapter 250 and the entry is

subsequently removed from the nurse aide registry, the

commissioner or the commissioner's designee shall immediately

remove the record of reportable conduct from the employee

misconduct registry maintained under Section 253.007.

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

763, Sec. 9, eff. June 19, 2009.

Sec. 253.006. INFORMAL PROCEEDINGS. The executive commissioner

by rule shall adopt procedures governing informal proceedings

held in compliance with Section 2001.056, Government Code.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999.

Amended by:

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

763, Sec. 10, eff. June 19, 2009.

Sec. 253.007. EMPLOYEE MISCONDUCT REGISTRY. (a) The department

shall establish an employee misconduct registry. If the

department in accordance with this chapter finds that an employee

of a facility has committed reportable conduct, the department

shall make a record of the employee's name, the employee's

address, the employee's social security number, the name of the

facility, the address of the facility, the date the reportable

conduct occurred, and a description of the reportable conduct.

(b) If an agency of another state or the federal government

finds that an employee has committed an act that constitutes

reportable conduct, the department may make a record in the

employee misconduct registry of the employee's name, the

employee's address, the employee's social security number, the

name of the facility, the address of the facility, the date of

the act, and a description of the act.

(c) The department shall make the registry available to the

public.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 11, eff.

Sept. 1, 2001.

Amended by:

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

763, Sec. 11, eff. June 19, 2009.

Sec. 253.0075. RECORDING REPORTABLE CONDUCT REPORTED BY

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. On receipt of a

finding of an employee's reportable conduct by the Department of

Family and Protective Services under Subchapter I, Chapter 48,

Human Resources Code, the department shall record the information

in the employee misconduct registry in accordance with Section

253.007.

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 14, eff. Sept. 1,

2001.

Amended by:

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

763, Sec. 12, eff. June 19, 2009.

Sec. 253.008. VERIFICATION OF EMPLOYABILITY; ANNUAL SEARCH. (a)

Before a facility as defined in this chapter or an agency as

defined in Section 48.401, Human Resources Code, may hire an

employee, the facility or agency shall search the employee

misconduct registry under this chapter and the nurse aide

registry maintained under Chapter 250 as required by the Omnibus

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

determine whether the applicant for employment is designated in

either registry as having abused, neglected, or exploited a

resident or consumer of a facility or agency or an individual

receiving services from a facility or agency.

(b) A facility or agency may not employ a person who is listed

in either registry as having abused, neglected, or exploited a

resident or consumer of a facility or agency or an individual

receiving services from a facility or agency.

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

facility or agency shall:

(1) annually search the employee misconduct registry and the

nurse aide registry maintained under Chapter 250 to determine

whether any employee of the facility or agency is designated in

either registry as having abused, neglected, or exploited a

resident or consumer of a facility or agency or an individual

receiving services from a facility or agency; and

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

results of the search conducted under Subdivision (1).

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 12, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.68, eff.

Sept. 1, 2003.

Amended by:

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

809, Sec. 22, eff. September 1, 2007.

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

763, Sec. 13, eff. June 19, 2009.

Sec. 253.009. NOTIFICATION. (a) Each facility as defined in

this chapter and each agency as defined in Section 48.401, Human

Resources Code, shall notify its employees in a manner prescribed

by the Department of Aging and Disability Services:

(1) about the employee misconduct registry; and

(2) that an employee may not be employed if the employee is

listed in the registry.

(b) The executive commissioner shall adopt rules to implement

this section.

Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 13, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.69, eff.

Sept. 1, 2003.

Amended by:

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

809, Sec. 23, eff. September 1, 2007.

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

763, Sec. 14, eff. June 19, 2009.

Sec. 253.010. REMOVAL FROM REGISTRY. The department may remove

a person from the employee misconduct registry if, after

receiving a written request from the person, the department

determines that the person does not meet the requirements for

inclusion in the employee misconduct registry.

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 14, eff. Sept. 1,

2001.


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