Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
Division 3 - AGENCY ADMINISTRATION
Section 558.247 - Verification of Employability and Use of Unlicensed Persons
Universal Citation: 26 TX Admin Code ยง 558.247
Current through Reg. 49, No. 38; September 20, 2024
(a) The provisions in this subsection apply to an unlicensed applicant for employment and an unlicensed employee, if the person's duties would or do include face-to-face contact with a client.
(1) An agency must
conduct a criminal history check authorized by, and in compliance with, Texas
Health and Safety Code Chapter 250 (relating to 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) for an unlicensed applicant for employment and an
unlicensed employee.
(2) The agency
must not employ an unlicensed applicant whose criminal history check includes a
conviction listed in Texas Health and Safety Code §
250.006
that bars employment, or a conviction the agency 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 Texas
Health and Safety Code §
250.006,
the agency must document its review of the conviction and its determination of
whether the conviction is a contraindication to employment.
(3) Before the agency hires an unlicensed
applicant, or before an unlicensed employee's first face-to-face contact with a
client, the agency must search the nurse aide registry (NAR) and the employee
misconduct registry (EMR) using the HHSC website to determine if the applicant
or employee is listed in either registry as unemployable. The agency must not
employ an unlicensed applicant who is listed as unemployable in either
registry.
(4) The agency must
provide written information about the EMR to an unlicensed employee in
compliance with the requirements of 40 TAC §93.3(c) (relating to
Employment and Registry Information).
(5) In addition to the initial verification
of employability, the agency must search the NAR and the EMR to determine if
the employee is listed as unemployable in either registry as follows:
(A) for an employee most recently hired
before September 1, 2009, by August 31, 2011, and at least every twelve months
thereafter; and
(B) for an employee
most recently hired on or after September 1, 2009, at least every 12
months.
(6) The agency
must immediately discharge an unlicensed employee whose duties would or do
include face-to-face contact with a client when the agency 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 agency has
determined is a contraindication to employment.
(b) The provisions in this subsection apply to an unlicensed volunteer if the person's duties would or do include face-to-face contact with a client.
(1) An
agency must conduct a criminal history check before an unlicensed volunteer's
first face-to-face contact with a client of the agency.
(2) The agency must not use the services of
an unlicensed volunteer for duties that would or do include face-to-face
contact with a client whose criminal history information includes a conviction
that bars employment under Texas Health and Safety Code §
250.006
or a conviction the agency has determined is a contraindication to employment.
If an unlicensed volunteer's criminal history check includes a conviction of an
offense that is not listed in Texas Health and Safety Code §
250.006,
the agency must document its review of the conviction and its determination of
whether the conviction is a contraindication to employment.
(3) Before an unlicensed volunteer's first
face-to-face contact with a client, the agency must conduct a search of the NAR
and the EMR using the HHSC website to determine if an unlicensed volunteer is
listed in either registry as unemployable. The agency must not use the services
of an unlicensed volunteer who is listed as unemployable in either
registry.
(4) The agency must
provide written information about the EMR that complies with the requirements
of 40 TAC §93.3(c) to an unlicensed volunteer within five working days
from the date of the person's first face-to-face contact with a
client.
(5) In addition to the
initial verification of employability, the agency must search the NAR and the
EMR to determine if a volunteer is designated in either registry as
unemployable, as follows:
(A) for a volunteer
with face-to-face contact with a client for the first time before September 1,
2009, by August 31, 2011, and at least every twelve months thereafter;
and
(B) for a volunteer with
face-to-face contact with a client for the first time on or after September 1,
2009, at least every twelve months.
(6) The agency must immediately stop using
the services of an unlicensed volunteer for duties that would or do include
face-to-face contact with a client when the agency becomes aware that:
(A) the unlicensed volunteer is designated in
the NAR or the EMR as unemployable; or
(B) the unlicensed volunteer's criminal
history check reveals conviction of a crime that bars employment or that the
agency has determined is a contraindication to employment.
(c) Upon request by HHSC, an agency must provide documentation to demonstrate compliance with subsections (a) and (b) of this section.
(d) An agency that contracts with another agency or organization for an unlicensed person to provide home health services, hospice services, or personal assistance services under arrangement must also comply with the requirements in § 558.289(c)-(d) of this subchapter (relating to Independent Contractors and Arranged Services).
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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