Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services
Subchapter B - Criminal History Checks And Registry Clearances at State Facilities
Section 926.53 - Pre-employment or Pre-assignment Checks and Clearances
Universal Citation: 26 TX Admin Code ยง 926.53
Current through Reg. 49, No. 38; September 20, 2024
(a) Before employment or assignment, a facility must conduct a criminal history check and registry clearance of an applicant for employment or volunteer status consisting of:
(1) a criminal history check obtained
directly from the Texas Department of Public Safety;
(2) a criminal history check obtained through
the Federal Bureau of Investigation using a complete set of fingerprints;
and
(3) searches of the registries
and CANRS.
(b) A facility may not employ or assign volunteer status to an applicant who:
(1) has been convicted of or has received
deferred adjudication for any of the criminal offenses listed in Texas Health
and Safety Code (HSC) §250.006(a);
(2) has been convicted of or has received
deferred adjudication for any of the criminal offenses listed in HSC
§250.006(b) within five years preceding the date of employment or
assignment of volunteer status;
(3)
has been convicted of or has received deferred adjudication for a criminal
offense that DADS has determined to be a contraindication to employment or
volunteer status pursuant to HSC §533.007;
(4) is listed as revoked in the Nurse Aide
Registry;
(5) is listed as
unemployable in the Employee Misconduct Registry; or
(6) has a confirmation of abuse or neglect in
CANRS.
(c) Pursuant to HSC §533.007(b), a facility may not take an adverse personnel action based on an arrest warrant or wanted persons information.
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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