Current through Reg. 49, No. 38; September 20, 2024
(a) Upon the effective date of this
subchapter, each facility, local authority, community center, and provider must
initiate a registry check of all current employees and volunteers. If an
employee/volunteer is listed as revoked in the Nurse Aide Registry or listed as
unemployable in the Employee Misconduct Registry, then the employer must
immediately discharge the employee or volunteer.
(b) Following employment with or assignment
of volunteer status at a facility, local authority, community center, or
provider, all employees and volunteers must report to a person designated by
that facility, local authority, community center, or provider:
(1) any subsequent convictions or offenses
for which they are charged; and
(2)
a subsequent listing as revoked in the Nurse Aide Registry or listing as
unemployable in the Employee Misconduct Registry.
(c) A facility, local authority, community
center, or provider may conduct subsequent criminal history and registry checks
on any employee or volunteer at any time it deems appropriate.
(d) Each facility, local authority, community
center, and provider must develop written policies and procedures consistent
with this subchapter describing how it will respond to information obtained
through self-reporting and subsequent criminal history and registry checks.
(1) Pursuant to the Texas Health and Safety
Code, §
533.007(b),
adverse personnel action may not be taken if the information received pertains
to arrest warrants or wanted persons' notices. However, the employer may
reassign the employee/volunteer to a non-direct care area until resolution of
the matters relating to the arrest warrant or wanted persons' notice.
(2) If the information reflects a conviction
for an offense listed in §
414.504(g)
of this title (relating to Pre-employment and Pre-assignment Clearance), then
consideration may be given to any contention by the employee/volunteer
concerning errors of fact or identity in the criminal history record
information. While the employee/volunteer is attempting to rectify the accuracy
of the information, the employer must remove the employee/volunteer from direct
contact with consumers. If the employee or volunteer fails to rectify the
accuracy of the information, as provided by Texas Health and Safety Code,
§
250.005(b),
then the employer must immediately discharge the employee or
volunteer.
(3) If the information
reflects a conviction for an offense determined to be a contraindication to
employment or volunteer status, then consideration may be given to any
contention by the employee/volunteer concerning errors of fact or identity in
the criminal history record information. While the employee/ volunteer is
attempting to rectify the accuracy of the information, the employer may remove
the employee/volunteer from direct contact with consumers. If the employee or
volunteer fails to rectify the accuracy of the information, as provided by
Texas Health and Safety Code, §
250.005(b),
then the employer must immediately discharge the employee or
volunteer.
(4) If the information
indicates the employee/volunteer is listed as revoked in the Nurse Aide
Registry or listed as unemployable in the Employee Misconduct Registry, then
the employer must immediately discharge the employee or volunteer.
