Section 550.418 - Criminal History Checks, Nurse Aide Registry, Medication Aide Registry, and Employee Misconduct Registry Requirements(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:(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.26 Tex. Admin. Code § 550.418
The provisions of this §550.418 adopted to be effective September 1, 2014, 39 TexReg 6569; Transferred from Title 40, Chapter 15 by Texas Register, Volume 44, Number 15, April 12, 2019, TexReg 1875, eff. 5/1/2019; Amended by Texas Register, Volume 49, Number 39, September 27, 2024, TexReg 7931, eff. 10/16/2024