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

Sec. 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) a personal care facility licensed by the Texas
         Department of Human Services under Chapter 247;

                      (C) a home health agency licensed by the Texas
         Department of Health under Chapter 142;

                      (D) an adult day care facility or adult day health 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 or certified by the Texas Department of Human
         Services;

                      (F) an unlicensed attendant care agency that contracts
         with the Texas Department of Human Services;

                      (G) an intermediate care facility for persons with
         mental retardation that is certified by the Texas Department
         of Human Services to participate in the Medicaid program
         under Title XIX of the Social Security Act (42 U.S.C.
         Section 1396 et seq.);

                      (H) an adult foster care provider that contracts with
         the Texas Department of Human Services; or

                      (I) a facility that provides mental health services and
         that is operated by or contracts with the Texas Department
         of Mental Health and Mental Retardation.

                       (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, Sec. 25, eff. Sept. 1,
1993.  Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff.
June 16, 1995.

Sec. 250.002.  Information Obtained by Regulatory Agency or Private Agency.

         (a) 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 an applicant for employment at a facility licensed,
certified, or under contract with the agency, as specified by
Section 250.001(3), or who is an employee of that facility, and
whose employment duties would or do involve direct contact with a
consumer in a facility.

         (b) A facility may 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 from the regulatory agency that obtains
the information from the Department of Public Safety of the State
of Texas regarding that facility.

         (c) The regulatory agency or private agency, as appropriate,
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, Sec. 25, eff. Sept. 1,
1993.  Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff.
June 16, 1995.

Sec. 250.003.  Verification of Employability; Discharge.

         (a) A facility may not employ a person in a position the duties
of which involve direct contact with a consumer in the facility
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.  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 within 72
hours of employment.  The request shall be mailed, sent by
telephonic facsimile machine, sent by electronic means, or
otherwise forwarded to the facility's regulatory agency by the
facility or a private agency working with the facility, or to the
Department of Public Safety of the State of Texas by a private
agency working with the facility.

         (c) A facility shall immediately discharge any employee in a
position the duties of which involve direct contact with a
consumer in the facility who is designated in the nurse aide
registry 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, Sec. 25, eff. Sept. 1,
1993; renumbered from V.T.C.A., Health & Safety Code Sec. 250.002
and amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June
16, 1995.

Sec. 250.004.  Criminal History Record of Employees.

         (a) Identifying information, including mailing addresses, of
employees in direct contact with consumers in covered facilities
shall be submitted 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.

         (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, Sec. 25, eff. Sept. 1,
1993; renumbered from V.T.C.A., Health & Safety Code Sec. 250.003
and amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June
16, 1995.

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

Sec. 250.006.  Convictions Barring Employment.

         A person convicted of an offense listed in this section may not
be employed in a position the duties of which involve direct
contact with a consumer in a facility:

                       (1) an offense under Chapter 19, Penal Code (criminal
         homicide);

                       (2) an offense under Chapter 20, Penal Code (kidnapping and
         false imprisonment);

                       (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);
         or

                       (13) an offense under Section 29.03, Penal Code (aggravated
         robbery).

Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1,
1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.39, eff.
Sept. 1, 1995.  Renumbered from V.T.C.A., Health & Safety Code
Sec. 250.005 and amended by Acts 1995, 74th Leg., ch. 831, Sec.
1, eff. June 16, 1995.  Amended by Acts 1997, 75th Leg., ch. 482,
Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1159, Sec.
1.33, eff. Sept. 1, 1997.

Sec. 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, Sec. 25, eff. Sept. 1,
1993.  Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff.
June 16, 1995.

Sec. 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, Sec. 25, eff. Sept. 1,
1993.  Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff.
June 16, 1995.

Sec. 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, Sec. 25, eff. Sept. 1,
1993.  Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff.
June 16, 1995