By: Moncrief S.B. No. 1242
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal history checks of employees and applicants for
1-3 employment in certain long-term care facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 250.002, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 250.002. INFORMATION OBTAINED BY FACILITY, REGULATORY
1-8 AGENCY, OR PRIVATE AGENCY. (a) A facility, a regulatory agency,
1-9 or a private agency on behalf of a facility is entitled to obtain
1-10 from the Department of Public Safety of the State of Texas criminal
1-11 history record information maintained by the Department of Public
1-12 Safety that relates to a person who is:
1-13 (1) an applicant for employment at a facility other
1-14 than a facility licensed under Chapter 142;
1-15 (2) [licensed, certified, or under contract with the
1-16 agency, as specified by Section 250.001(3), or who is] an employee
1-17 of a [that] facility other than a facility licensed under Chapter
1-18 142; or
1-19 (3) an applicant for employment at or an employee of a
1-20 facility licensed under Chapter 142[, and] whose employment duties
1-21 would or do involve direct contact with a consumer in the [a]
1-22 facility.
1-23 (b) A facility may:
1-24 (1) pay a private agency to obtain criminal history
1-25 record information for an applicant or employee described by
2-1 Subsection (a) directly from the Department of Public Safety of the
2-2 State of Texas; or
2-3 (2) obtain the information directly [from the
2-4 regulatory agency that obtains the information] from the Department
2-5 of Public Safety of the State of Texas [regarding that facility].
2-6 (c) The [regulatory agency or] private agency[, as
2-7 appropriate,] shall forward criminal history record information
2-8 received under this section to the facility requesting the
2-9 information.
2-10 (d) A regulatory agency may adopt rules relating to the
2-11 processing of information requested or obtained under this chapter.
2-12 SECTION 2. Section 250.003, Health and Safety Code, is
2-13 amended to read as follows:
2-14 Sec. 250.003. VERIFICATION OF EMPLOYABILITY; DISCHARGE.
2-15 (a) A facility may not employ a person [in a position the duties
2-16 of which involve direct contact with a consumer in the facility] if
2-17 the facility determines, as a result of a criminal history check,
2-18 that a person has been convicted of an offense listed in this
2-19 chapter that bars employment or that a conviction is a
2-20 contraindication to employment with the consumers the facility
2-21 serves, and if the applicant is a nurse aide, until the facility
2-22 further verifies that the applicant is listed in the nurse aide
2-23 registry and verifies that the applicant is not designated in the
2-24 registry as having a finding entered into the registry concerning
2-25 abuse, neglect, or mistreatment of a consumer of a facility, or
2-26 misappropriation of a consumer's property. A person licensed under
3-1 another law of this state is exempt from the requirements of this
3-2 chapter.
3-3 (b) The facility may not employ an applicant covered by
3-4 Subsection (a), except that in an emergency requiring immediate
3-5 employment, a facility may hire on a temporary or interim basis a
3-6 person not listed in the registry pending the results of a criminal
3-7 conviction check, which must be requested within 72 hours of
3-8 employment. [The request shall be mailed, sent by telephonic
3-9 facsimile machine, sent by electronic means, or otherwise forwarded
3-10 to the facility's regulatory agency by the facility or a private
3-11 agency working with the facility, or to the Department of Public
3-12 Safety of the State of Texas by a private agency working with the
3-13 facility.]
3-14 (c) A facility shall immediately discharge any employee [in
3-15 a position the duties of which involve direct contact with a
3-16 consumer in the facility] who is designated in the nurse aide
3-17 registry or the employee misconduct registry as having committed an
3-18 act of abuse, neglect, or mistreatment of a consumer of a facility,
3-19 or misappropriation of a consumer's property, or whose criminal
3-20 history check reveals conviction of a crime that bars employment or
3-21 that the facility determines is a contraindication to employment as
3-22 provided by this chapter.
3-23 SECTION 3. Subsection (a), Section 250.004, Health and
3-24 Safety Code, is amended to read as follows:
3-25 (a) Identifying information of an employee [in direct
3-26 contact with a consumer] in a covered facility shall be submitted
4-1 electronically, on disk, or on a typewritten form to the Department
4-2 of Public Safety to obtain the person's criminal conviction record
4-3 when the person applies for employment and at other times as the
4-4 facility may determine appropriate. In this subsection,
4-5 "identifying information" includes:
4-6 (1) the complete name, race, and sex of the employee;
4-7 (2) any known identifying number of the employee,
4-8 including social security number, driver's license number, or state
4-9 identification number; and
4-10 (3) the employee's date of birth.
4-11 SECTION 4. Section 250.006, Health and Safety Code, is
4-12 amended to read as follows:
4-13 Sec. 250.006. CONVICTIONS BARRING EMPLOYMENT. A person for
4-14 whom the facility is entitled to obtain criminal history record
4-15 information may not be employed in a facility if the person has
4-16 been convicted of an offense listed in this section [may not be
4-17 employed in a position the duties of which involve direct contact
4-18 with a consumer in a facility]:
4-19 (1) an offense under Chapter 19, Penal Code (criminal
4-20 homicide);
4-21 (2) an offense under Chapter 20, Penal Code
4-22 (kidnapping and false imprisonment);
4-23 (3) an offense under Section 21.11, Penal Code
4-24 (indecency with a child);
4-25 (4) an offense under Section 22.011, Penal Code
4-26 (sexual assault);
5-1 (5) an offense under Section 22.02, Penal Code
5-2 (aggravated assault);
5-3 (6) an offense under Section 22.04, Penal Code (injury
5-4 to a child, elderly individual, or disabled individual);
5-5 (7) an offense under Section 22.041, Penal Code
5-6 (abandoning or endangering child);
5-7 (8) an offense under Section 22.08, Penal Code (aiding
5-8 suicide);
5-9 (9) an offense under Section 25.031, Penal Code
5-10 (agreement to abduct from custody);
5-11 (10) an offense under Section 25.08, Penal Code (sale
5-12 or purchase of a child);
5-13 (11) an offense under Section 28.02, Penal Code
5-14 (arson);
5-15 (12) an offense under Section 29.02, Penal Code
5-16 (robbery); [or]
5-17 (13) an offense under Section 29.03, Penal Code
5-18 (aggravated robbery); or
5-19 (14) a conviction under the laws of another state,
5-20 federal law, or the Uniform Code of Military Justice for an offense
5-21 containing elements that are substantially similar to the elements
5-22 of an offense listed under Subdivisions (1)-(13).
5-23 SECTION 5. This Act takes effect immediately if it receives
5-24 a vote of two-thirds of all the members elected to each house, as
5-25 provided by Section 39, Article III, Texas Constitution. If this
5-26 Act does not receive the vote necessary for immediate effect, this
6-1 Act takes effect September 1, 2001.