Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
Subchapter C - GENERAL PROVISIONS
Division 3 - NURSING AND STAFFING REQUIREMENTS
Section 550.418 - Criminal History Checks, Nurse Aide Registry, Medication Aide Registry, and Employee Misconduct Registry Requirements
Universal Citation: 26 TX Admin Code § 550.418
Current through Reg. 50, No. 13; March 28, 2025
(a) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.
(1) Applicant means any individual applying
for a position in a center.
(2)
Employee means an individual directly employed by a center, a volunteer, or a
contractor.
(b) The provisions in this subsection apply to an applicant and an employee.
(1) A center must conduct a criminal history
check authorized by, and in compliance with, THSC Chapter 250 for an applicant
for employment and an employee.
(2)
A center must not employ an applicant whose criminal history check includes a
conviction listed in THSC §250.006 that bars employment or a conviction
the center has determined is a contraindication to employment. If an
applicant's or employee's criminal history check includes a conviction of an
offense that is not listed in THSC §250.006, the center must document its
review of the conviction and its determination of whether the conviction is a
contraindication to employment.
(3)
The center must immediately discharge an employee when the center becomes aware
that the employee's criminal history check reveals conviction of a crime that
bars employment or that the center has determined is a contraindication to
employment.
(c) The provisions in this subsection apply to an applicant and an employee.
(1) Before a center hires an applicant, the
center must search the Nurse Aide Registry (NAR), Medication Aide Registry
(MAR), and Employee Misconduct Registry (EMR) using the HHSC website to
determine if an applicant or employee is listed in any of these registries as
unemployable. The center must not employ an applicant who is listed as
unemployable in any of these registries.
(2) The center must provide information about
the EMR to an employee no later than five business days after hiring an
employee. The information must:
(A) be in
writing;
(B) state that a person
listed in the EMR is not employable by the center; and
(C) include a reference to Chapter 561 of
this title (relating to Employee Misconduct Registry) and THSC Chapter
253.
(3) In addition to
the initial verification of employability, the center must search the NAR and
the EMR to determine if the employee is listed as unemployable in either
registry at least every 12 months.
(4) A center must suspend the employment of
an employee who HHSC finds has engaged in reportable conduct while the employee
exhausts any applicable appeals process, including informal and formal appeals
and any hearing or judicial review, in accordance with THSC §253.004 or
§253.005, pending a final decision by an administrative law judge. A
center must not reinstate the employee's employment or contract during the
course of any applicable appeals process.
(5) The center must immediately discharge an
employee when the center becomes aware:
(A)
that the employee is designated in the NAR or the EMR as unemployable;
or
(B) that the employee's criminal
history check reveals conviction of a crime that bars employment or that the
center has determined is a contraindication to employment.
(d) Upon request by HHSC, a center must provide documentation to demonstrate compliance with subsections (b) and (c) of this section.
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