26 Tex. Admin. Code § 551.321 - Determination of Employability
(a) A
facility must comply 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).
(b) Before a facility hires an applicant for
employment, the facility must search the employee misconduct registry (EMR)
established under the Texas Health and Safety Code §
253.007, and
the nurse aide registry (NAR) established under Texas Health and Safety Code
§
253.008
(relating to Verification of Employability; Annual Search) to determine if the
applicant is designated in the EMR or NAR as unemployable. The EMR and NAR may
be accessed on the HHSC Internet website.
(c) In addition to the initial search of the
EMR and NAR, a facility must conduct a search of the EMR and NAR to determine
if the employee is designated in either registry as unemployable, as follows:
(1) for an employee most recently hired
before September 1, 2009, by August 31, 2011, and at least every twelve months
thereafter; and
(2) for an employee
most recently hired on or after September 1, 2009, at least every twelve
months.
(d) A facility
must keep a copy of the results of the initial and annual searches of the EMR
and NAR in the employee's personnel file and make it available to HHSC upon
request.
(e) A facility is
prohibited from hiring or continuing to employ a person who is listed in the
EMR or NAR as unemployable.
(f) A
facility must provide information about the EMR to an employee in accordance
with 40 TAC §93.3(relating to Employment and Registry
Information).
Notes
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