Page of 1BILL ANALYSIS HUMAN SERVICES H.B. 2306 By: Counts 4-16-97 Committee Report (Amended) BACKGROUND Under the current statute, certain health care facilities, mainly nursing homes, may not employ individuals convicted of certain criminal offenses. However, the list does not contain the criminal offenses most frequently committed by employees of nursing facilities against the patients or their property. PURPOSE This proposed legislation is intended to expand the list of mandatory disqualifying convictions which apply to employees of, and applicants for employment with, facilities serving the aged and disabled. If a criminal history check of an employee or potential employee reveals a conviction of one of the enumerated offenses, that person may not have direct contact with a patient or consumer. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1.Amends Section 250.006, Health and Safety Code, in the following manner: Section (3) is expanded to include all sexual offenses. Currently, the statute only lists indecency with a child. Section (4) is added in order to include assaultive offenses. Sections (10) through (20) add the offenses of burglary; theft; forgery; credit card or debit card abuse; misapplication of fiduciary property or property of a financial institution; securing execution of a document by deception; fraudulent destruction, removal, or concealment of writing; tampering with governmental records; committing an offense involving simulated controlled substances; and violating the Texas Controlled Substances Act or the Texas Dangerous Drug Act. SECTION 2.This act takes effect on September 1, 1997, and only affects employees, hired on or after the effective date, who have direct contact with consumers in the facility. SECTION 3.Emergency clause. EXPLANATION OF AMENDMENT Amendment leaves current law as is listing indecency with a child as an offense that disqualifies a person from employment in facilities described in the bill. Adds sexual assault; aggravated assault; injury to a child, elderly individual, or disabled individual; abandoning or endangering a child; and aiding suicide to the list of disqualifying offenses. Strikes from the list sexual offenses, assaultive offenses, burglary, theft, and forgery. Adds the provision that in the offenses of credit card or debit card abuse and securing execution of document by deception, the conviction must have occurred within the last ten years for the offense to disqualify a person from employment. Sections are renumbered accordingly.