SRC-TBR S.B. 1242 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1242
77R2217 MCK-DBy: Moncrief
Health & Human Services
3/19/2001
As Filed


DIGEST AND PURPOSE 

Currently, state law mandates that long-term care facilities and home
health agencies obtain a state criminal history record on new unlicensed
employees who provide direct care to residents or consumers.  As proposed,
S.B. 1242 streamlines the background check process by allowing long-term
care employers to use electronic means for obtaining instant background
checks and increases resident and consumer protection by requiring a
background check of all long-term care employees with potential access to
residents. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 250.002, Health and Safety Code, as follows:

Sec. 250.002.  New heading: INFORMATION OBTAINED BY FACILITY, REGULATORY
AGENCY, OR PRIVATE AGENCY. (a)  Provides that a facility, 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 (department)
criminal history record information maintained by the department that
relates to a person who is an applicant for employment at the facility or
an employee of the facility.  Deletes language regarding a facility
licensed, certified, or under contract with the agency and to an employee's
duties involving direct contact with a consumer at the facility. 

(b)  Provides that a facility may obtain the information directly from the
department. Deletes language regarding a regulatory agency obtaining
information. 

(c)  Deletes language regarding a regulatory agency.

SECTION 2.  Amends Section 250.003, Health and Safety Code, as follows:

(a)  Deletes language regarding direct contact with a consumer and a person
being exempt if licensed under another law of this state. 

(b)  Prohibits the facility from employing an applicant covered by
Subsection (a), except that in an emergency requiring immediate employment,
a facility can 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 obtained, rather than requested, within 72 hours of employment.  Deletes
language regarding a request and delivery of that request. 

(c)  Requires a facility to immediately discharge any employee who is
designated in the nurse aide registry or the employee misconduct 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.  Deletes language regarding contact
with a consumer. 

SECTION 3.  Amends Section 250.004(a), Health and Safety Code, to require
that identifying information of an employee in a covered facility to be
submitted electronically, on disk, or on a typewritten form to the
department to obtain the person's criminal conviction record when the
person applies for employment and at other times as the facility may
determine appropriate.  Deletes language regarding direct contact with a
consumer. 

SECTION 4.  Amends Section 250.006, Health and Safety Code, to include in
the provisions of this section a person who has been convicted under the
laws of another state, federal law, or the Uniform Code of Military Justice
for an offense containing elements that are substantially similar to the
elements of an offense listed under Subdivisions (1)-(13).  Makes a
conforming change. 

SECTION 5.  Effective date: upon passage or September 1, 2001.