SRC-DBM S.B. 968 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 968
76R6350  KLA-FBy: Lindsay
Health Services
3/12/1999
As Filed


DIGEST 

Currently, federal Drug Enforcement Administration regulations mandate that
a person convicted of a controlled substance violation may not work in an
area where they may have access to controlled substances.  Hospitals have
experienced unfortunate instances in which individuals have been sexually
molested, infants have been kidnaped from hospital nurseries, and patient
valuables have been stolen. A patient may be under tremendous stress, may
be medicated, or may be unable to deal with illness, making the patient's
situation very vulnerable.  Hospitals desire to perform employee background
checks because the employees interact with patients who are often in a
vulnerable condition and may not be able to protect themselves.  S.B. 968
would allow certain hospitals and hospital districts to access criminal
history record information for applicants for employment or volunteer
positions; current employees or volunteers; or employment applicants or
employees of a person or business that contracts with a public hospital or
hospital district.  

PURPOSE

As proposed, S.B. 968 allows certain hospitals and hospital districts to
access criminal history record information. 

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 Chapter 411F, Government Code, by adding Section
411.136, as follows: 

Sec. 411.136.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  PUBLIC
HOSPITALS AND HOSPITAL DISTRICTS.  (a)  Defines "public hospital."   

(b)  Provides that a public hospital or hospital district is entitled to
obtain criminal history record information from the Department of Public
Safety (department) for applicants for employment or volunteer positions;
current employees or volunteers; or employment applicants or employees of a
person or business that contracts with a public hospital or hospital
district.    

(c)  Requires the hospital or hospital district to adopt a uniform method
to obtain criminal history  record information from persons described in
Subsection (b).  Authorizes the public hospital to require the complete
name, driver's license number, fingerprints, or social security number of
those persons.   

(d)  Authorizes the public hospital or hospital district to dismiss a
person, deny a person employment or a volunteer position, and refuse to
allow a person to work in a public hospital or hospital facility if certain
conditions exist. 

(e)  Provides that all criminal history record information received by a
public hospital or hospital district under this section is privileged,
confidential, and intended for the exclusive use of the entity that
obtained the information.  Prohibits the public hospital or hospital
district from releasing or disclosing criminal history record information
to any person or agency except under certain circumstances. 

(f)  Requires the public hospital or hospital district to develop
procedures for the custody and  use of information obtained under this
section.  Requires the public hospital or public hospital administrator, or
a designee, after use of the information, to destroy the information in
accordance with the public hospital's or hospital district's document
destruction procedures. 

(g)  Provides that a public hospital, hospital district, member of the
governing board of the public hospital or hospital district, or an employee
of a public hospital or hospital district is not civilly liable for failure
to comply with this chapter if the public hospital or hospital district
makes a good-faith effort to comply. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.