2005 Texas Health & Safety Code CHAPTER 250. NURSE AIDE REGISTRY AND CRIMINAL HISTORY CHECKS OF EMPLOYEES AND APPLICANTS FOR EMPLOYMENT IN CERTAIN FACILITIES SERVING THE ELDERLY OR PERSONS WITH DISABILITIES

HEALTH & SAFETY CODE

CHAPTER 250. NURSE AIDE REGISTRY AND CRIMINAL HISTORY CHECKS OF 
EMPLOYEES AND APPLICANTS FOR EMPLOYMENT IN CERTAIN FACILITIES 
SERVING THE ELDERLY OR PERSONS WITH DISABILITIES


	§ 250.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Nurse aide registry" means a list maintained by 
the Texas Department of Human Services of nurse aides under the 
Omnibus Budget Reconciliation Act of 1987 (Pub. L. No. 100-203).
		(2)  "Direct contact with a consumer" means any contact 
with a resident or client in a facility covered by this chapter.
		(3)  "Facility" means:                                                        
			(A)  a nursing home, custodial care home, or other 
institution licensed by the Texas Department of Human Services 
under Chapter 242;
			(B)  an assisted living facility licensed by the 
Texas Department of Human Services under Chapter 247;
			(C)  a home and community support services agency 
licensed under Chapter 142;
			(D)  an adult day care facility licensed by the 
Texas Department of Human Services under Chapter 103, Human 
Resources Code;
			(E)  a facility for persons with mental 
retardation licensed under Chapter 252;
			(F)  an adult foster care provider that contracts 
with the Texas Department of Human Services;
			(G)  a facility that provides mental health 
services and that is operated by or contracts with the Texas 
Department of Mental Health and Mental Retardation;
			(H)  a local mental health or mental retardation 
authority designated under Section 533.035;  or
			(I)  a person exempt from licensing under Section 
142.003(a)(19).          
		(4)  "Private agency" means a person engaged in the 
business of obtaining criminal history checks on behalf of a 
facility.
		(5)  "Regulatory agency" means a state agency referred 
to in Subdivision (3).

Added by Acts 1993, 73rd Leg., ch. 747, § 25, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 831, § 1, eff. June 16, 
1995;  Acts 1999, 76th Leg., ch. 233, § 3, eff. Sept. 1, 1999;  
Acts 1999, 76th Leg., ch. 1209, § 2, eff. Sept. 1, 1999;  Acts 
2003, 78th Leg., ch. 198, § 2.198, eff. Sept. 1, 2003.


	§ 250.002. INFORMATION OBTAINED BY FACILITY, REGULATORY 
AGENCY, OR PRIVATE AGENCY.  (a) A facility, a regulatory agency, or 
a private agency on behalf of a facility is entitled to obtain from 
the Department of Public Safety of the State of Texas criminal 
history record information maintained by the Department of Public 
Safety that relates to a person who is:
		(1)  an applicant for employment at a facility other 
than a facility licensed under Chapter 142;
		(2)  an employee of a facility other than a facility 
licensed under Chapter 142;  or
		(3)  an applicant for employment at or an employee of a 
facility licensed under Chapter 142 whose employment duties would 
or do involve direct contact with a consumer in the facility.
	(b)  A facility may:                                                           
		(1)  pay a private agency to obtain criminal history 
record information for an applicant or employee described by 
Subsection (a) directly from the Department of Public Safety of the 
State of Texas;  or
		(2)  obtain the information directly from the 
Department of Public Safety.  
	(c)  The private agency shall forward criminal history 
record information received under this section to the facility 
requesting the information.
	(d)  A regulatory agency may adopt rules relating to the 
processing of information requested or obtained under this chapter.

Added by Acts 1993, 73rd Leg., ch. 747, § 25, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 831, § 1, eff. June 16, 
1995;  Acts 2001, 77th Leg., ch. 1025, § 3, eff. Sept. 1, 2001;  
Acts 2001, 77th Leg., ch. 1267, § 2, eff. Sept. 1, 2001.


	§ 250.003. VERIFICATION OF EMPLOYABILITY;  
DISCHARGE.  (a) A facility may not employ a person if the facility 
determines, as a result of a criminal history check, that a person 
has been convicted of an offense listed in this chapter that bars 
employment or that a conviction is a contraindication to employment 
with the consumers the facility serves, and if the applicant is a 
nurse aide, until the facility further verifies that the applicant 
is listed in the nurse aide registry and verifies that the applicant 
is not designated in the registry as having a finding entered into 
the registry concerning abuse, neglect, or mistreatment of a 
consumer of a facility, or misappropriation of a consumer's 
property.  Except for an applicant for employment at or an employee 
of a facility licensed under Chapter 242 or 247, a person licensed 
under another law of this state is exempt from the requirements of 
this chapter.
	(b)  The facility may not employ an applicant covered by 
Subsection (a), except that in an emergency requiring immediate 
employment, a facility may hire on a temporary or interim basis a 
person not listed in the registry pending the results of a criminal 
conviction check, which must be requested:
		(1)  within 72 hours of employment;  or                                       
		(2)  if the facility is licensed under Chapter 242 or 
247, within 24 hours of employment.
	(c)  A facility shall immediately discharge any employee who 
is designated in the nurse aide registry or the employee misconduct 
registry established under Chapter 253 as having committed an act 
of abuse, neglect, or mistreatment of a consumer of a facility, or 
misappropriation of a consumer's property, or whose criminal 
history check reveals conviction of a crime that bars employment or 
that the facility determines is a contraindication to employment as 
provided by this chapter.

Added by Acts 1993, 73rd Leg., ch. 747, § 25, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Health & Safety Code § 250.002 and 
amended by Acts 1995, 74th Leg., ch. 831, § 1, eff. June 16, 
1995.  Amended by Acts 2001, 77th Leg., ch. 1025, § 4, eff. Sept. 
1, 2001;  Acts 2001, 77th Leg., ch. 1267, § 3, eff. Sept. 1, 2001;  
Acts 2003, 78th Leg., ch. 911, § 1, eff. June 20, 2003.


	§ 250.004. CRIMINAL HISTORY RECORD OF EMPLOYEES.  (a) 
Identifying information of an employee in a covered facility shall 
be submitted electronically, on disk, or on a typewritten form to 
the Department of Public Safety to obtain the person's criminal 
conviction record when the person applies for employment and at 
other times as the facility may determine appropriate.  In this 
subsection, "identifying information" includes:
		(1)  the complete name, race, and sex of the employee;                        
		(2)  any known identifying number of the employee, 
including social security number, driver's license number, or state 
identification number;  and
		(3)  the employee's date of birth.                                            
	(b)  If the Department of Public Safety reports that a person 
has a criminal conviction of any kind, the conviction shall be 
reviewed by the facility to determine if the conviction may bar the 
person from employment in a facility under Section 250.006 or if the 
conviction may be a contraindication to employment.

Added by Acts 1993, 73rd Leg., ch. 747, § 25, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Health & Safety Code § 250.003 and 
amended by Acts 1995, 74th Leg., ch. 831, § 1, eff. June 16, 
1995;  Acts 1999, 76th Leg., ch. 629, § 1, eff. Sept. 1, 1999.  
Amended by Acts 2001, 77th Leg., ch. 1025, § 5, eff. Sept. 1, 
2001;  Acts 2001, 77th Leg., ch. 1267, § 4, eff. Sept. 1, 2001.


	§ 250.005. NOTICE AND OPPORTUNITY TO BE HEARD CONCERNING 
ACCURACY OF INFORMATION.  (a) If a facility believes that a 
conviction may bar a person from employment in a facility under 
Section 250.006 or may be a contraindication to employment, the 
facility shall notify the applicant or employee.
	(b)  The Department of Public Safety of the State of Texas 
shall give a person notified under Subsection (a) the opportunity 
to be heard concerning the accuracy of the criminal history record 
information and shall notify the facility if inaccurate information 
is discovered.

Added by Acts 1993, 73rd Leg., ch. 747, § 25, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 
1, 1995.  Renumbered from V.T.C.A., Health & Safety Code § 
250.004 and amended by Acts 1995, 74th Leg., ch. 831, § 1, eff. 
June 16, 1995.


	§ 250.006. CONVICTIONS BARRING EMPLOYMENT.  (a) A person 
for whom the facility is entitled to obtain criminal history record 
information may not be employed in a facility if the person has been 
convicted of an offense listed in this subsection:
		(1)  an offense under Chapter 19, Penal Code (criminal 
homicide);           
		(2)  an offense under Chapter 20, Penal Code 
(kidnapping and unlawful restraint );
		(3)  an offense under Section 21.11, Penal Code 
(indecency with a child);   
		(4)  an offense under Section 22.011, Penal Code 
(sexual assault);          
		(5)  an offense under Section 22.02, Penal Code 
(aggravated assault);       
		(6)  an offense under Section 22.04, Penal Code (injury 
to a child, elderly individual, or disabled individual);
		(7)  an offense under Section 22.041, Penal Code 
(abandoning or endangering child);
		(8)  an offense under Section 22.08, Penal Code (aiding 
suicide);           
		(9)  an offense under Section 25.031, Penal Code 
(agreement to abduct from custody);
		(10)  an offense under Section 25.08, Penal Code (sale 
or purchase of a child);
		(11)  an offense under Section 28.02, Penal Code 
(arson);                   
		(12)  an offense under Section 29.02, Penal Code 
(robbery);                 
		(13)  an offense under Section 29.03, Penal Code 
(aggravated robbery);  or  
		(14)  a conviction under the laws of another state, 
federal law, or the Uniform Code of Military Justice for an offense 
containing elements that are substantially similar to the elements 
of an offense listed under Subdivisions (1)-(13).
	(b)  A person may not be employed in a position the duties of 
which involve direct contact with a consumer in a facility before 
the fifth anniversary of the date the person is convicted of:
		(1)  an offense under Section 22.01, Penal Code 
(assault), that is punishable as a Class A misdemeanor or as a 
felony;
		(2)  an offense under Section 30.02, Penal Code 
(burglary);                 
		(3)  an offense under Chapter 31, Penal Code (theft), 
that is punishable as a felony;
		(4)  an offense under Section 32.45, Penal Code 
(misapplication of fiduciary property or property of a financial 
institution), that is punishable as a Class A misdemeanor or a 
felony;  or
		(5)  an offense under Section 32.46, Penal Code 
(securing execution of a document by deception), that is punishable 
as a Class A misdemeanor or a felony.
	(c)  In addition to the prohibitions on employment 
prescribed by Subsections (a) and (b), a person for whom a facility 
licensed under Chapter 242 or 247 is entitled to obtain criminal 
history record information may not be employed in a facility 
licensed under Chapter 242 or 247 if the person has been convicted:
		(1)  of an offense under Section 30.02, Penal Code 
(burglary);  or          
		(2)  under the laws of another state, federal law, or 
the Uniform Code of Military Justice for an offense containing 
elements that are substantially similar to the elements of an 
offense under Section 30.02, Penal Code.

Added by Acts 1993, 73rd Leg., ch. 747, § 25, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 76, § 14.39, eff. Sept. 1, 
1995.  Renumbered from V.T.C.A., Health & Safety Code § 250.005 
and amended by Acts 1995, 74th Leg., ch. 831, § 1, eff. June 16, 
1995.  Amended by Acts 1997, 75th Leg., ch. 482, § 1, eff. Sept. 
1, 1997;  Acts 1997, 75th Leg., ch. 1159, § 1.33, eff. Sept. 1, 
1997;  Acts 2001, 77th Leg., ch. 1025, § 6, eff. Sept. 1, 2001;  
Acts 2001, 77th Leg., ch. 1267, § 5, eff. Sept. 1, 2001;  Acts 
2003, 78th Leg., ch. 911, § 2, eff. June 20, 2003;  Acts 2003, 
78th Leg., ch. 1084, § 1, eff. Sept. 1, 2003;  Acts 2003, 78th 
Leg., ch. 1209, § 1, eff. Sept. 1, 2003.


	§ 250.007. RECORDS PRIVILEGED.  (a) The criminal history 
records are for the exclusive use of the regulatory agency, the 
requesting facility, the private agency on behalf of the requesting 
facility, and the applicant or employee who is the subject of the 
records.
	(b)  All criminal records and reports and the information 
they contain that are received by the regulatory agency or private 
agency for the purpose of being forwarded to the requesting 
facility are privileged information.
	(c)  The criminal records and reports and the information 
they contain may not be released or otherwise disclosed to any 
person or agency except on court order or with the written consent 
of the person being investigated.

Added by Acts 1993, 73rd Leg., ch. 747, § 25, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 831, § 1, eff. June 16, 
1995.


	§ 250.008. CRIMINAL PENALTY.  (a) A person commits an 
offense if the person releases or otherwise discloses any 
information received under this chapter except as prescribed by 
Section 250.007(b) or (c).
	(b)  An offense under this section is a Class A misdemeanor.                   

Added by Acts 1993, 73rd Leg., ch. 747, § 25, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 831, § 1, eff. June 16, 
1995.


	§ 250.009. CIVIL LIABILITY.  (a) A facility or an officer 
or employee of a facility is not civilly liable for failure to 
comply with this chapter if the facility makes a good faith effort 
to comply.
	(b)  A regulatory agency is not civilly liable to a person 
for criminal history record information forwarded to a requesting 
facility in accordance with this chapter.

Added by Acts 1993, 73rd Leg., ch. 747, § 25, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 831, § 1, eff. June 16, 
1995.