By Moncrief                                           S.B. No. 1242
         77R2217 MCK-D                           
                                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, or
 1-9     a private agency on behalf of a facility is entitled to obtain from
1-10     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 the [a] facility;
1-14     [licensed, certified, or under contract with the agency, as
1-15     specified by Section 250.001(3),] or
1-16                 (2)  [who is] an employee of the [that] facility[, and
1-17     whose employment duties would or do involve direct contact with a
1-18     consumer in a facility].
1-19           (b)  A facility may:
1-20                 (1)  pay a private agency to obtain criminal history
1-21     record information for an applicant or employee described by
1-22     Subsection (a) directly from the Department of Public Safety of the
1-23     State of Texas; or
1-24                 (2)  obtain the information directly from the
 2-1     Department of Public Safety [from the regulatory agency that
 2-2     obtains the information from the Department of Public Safety of the
 2-3     State of Texas regarding that facility].
 2-4           (c)  The [regulatory agency or] private agency[, as
 2-5     appropriate,] shall forward criminal history record information
 2-6     received under this section to the facility requesting the
 2-7     information.
 2-8           (d)  A regulatory agency may adopt rules relating to the
 2-9     processing of information requested or obtained under this chapter.
2-10           SECTION 2. Section 250.003, Health and Safety Code, is
2-11     amended to read as follows:
2-12           Sec. 250.003.  VERIFICATION OF EMPLOYABILITY; DISCHARGE. (a)
2-13     A facility may not employ a person [in a position the duties of
2-14     which involve direct contact with a consumer in the facility] if
2-15     the facility determines, as a result of a criminal history check,
2-16     that a person has been convicted of an offense listed in this
2-17     chapter that bars employment or that a conviction is a
2-18     contraindication to employment with the consumers the facility
2-19     serves, and if the applicant is a nurse aide, until the facility
2-20     further verifies that the applicant is listed in the nurse aide
2-21     registry and verifies that the applicant is not designated in the
2-22     registry as having a finding entered into the registry concerning
2-23     abuse, neglect, or mistreatment of a consumer of a facility, or
2-24     misappropriation of a consumer's property.  [A person licensed
2-25     under another law of this state is exempt from the requirements of
2-26     this chapter.]
2-27           (b)  The facility may not employ an applicant covered by
 3-1     Subsection (a), except that in an emergency requiring immediate
 3-2     employment, a facility may hire on a temporary or interim basis a
 3-3     person not listed in the registry pending the results of a criminal
 3-4     conviction check, which must be obtained [requested] within 72
 3-5     hours of employment.  [The request shall be mailed, sent by
 3-6     telephonic facsimile machine, sent by electronic means, or
 3-7     otherwise forwarded to the facility's regulatory agency by the
 3-8     facility or a private agency working with the facility, or to the
 3-9     Department of Public Safety of the State of Texas by a private
3-10     agency working with the facility.]
3-11           (c)  A facility shall immediately discharge any employee [in
3-12     a position the duties of which involve direct contact with a
3-13     consumer in the facility] who is designated in the nurse aide
3-14     registry or the employee misconduct registry as having committed an
3-15     act of abuse, neglect, or mistreatment of a consumer of a facility,
3-16     or misappropriation of a consumer's property, or whose criminal
3-17     history check reveals conviction of a crime that bars employment or
3-18     that the facility determines is a contraindication to employment as
3-19     provided by this chapter.
3-20           SECTION 3. Section 250.004(a), Health and Safety Code, is
3-21     amended to read as follows:
3-22           (a)  Identifying information of an employee [in direct
3-23     contact with a consumer] in a covered facility shall be submitted
3-24     electronically, on disk, or on a typewritten form to the Department
3-25     of Public Safety to obtain the person's criminal conviction record
3-26     when the person applies for employment and at other times as the
3-27     facility may determine appropriate.  In this subsection,
 4-1     "identifying information" includes:
 4-2                 (1)  the complete name, race, and sex of the employee;
 4-3                 (2)  any known identifying number of the employee,
 4-4     including social security number, driver's license number, or state
 4-5     identification number; and
 4-6                 (3)  the employee's date of birth.
 4-7           SECTION 4. Section 250.006, Health and Safety Code, is
 4-8     amended to read as follows:
 4-9           Sec. 250.006.  CONVICTIONS BARRING EMPLOYMENT. A person
4-10     convicted of an offense listed in this section may not be employed
4-11     in a position [the duties of which involve direct contact with a
4-12     consumer] in a facility:
4-13                 (1)  an offense under Chapter 19, Penal Code (criminal
4-14     homicide);
4-15                 (2)  an offense under Chapter 20, Penal Code
4-16     (kidnapping and false imprisonment);
4-17                 (3)  an offense under Section 21.11, Penal Code
4-18     (indecency with a child);
4-19                 (4)  an offense under Section 22.011, Penal Code
4-20     (sexual assault);
4-21                 (5)  an offense under Section 22.02, Penal Code
4-22     (aggravated assault);
4-23                 (6)  an offense under Section 22.04, Penal Code (injury
4-24     to a child, elderly individual, or disabled individual);
4-25                 (7)  an offense under Section 22.041, Penal Code
4-26     (abandoning or endangering child);
4-27                 (8)  an offense under Section 22.08, Penal Code (aiding
 5-1     suicide);
 5-2                 (9)  an offense under Section 25.031, Penal Code
 5-3     (agreement to abduct from custody);
 5-4                 (10)  an offense under Section 25.08, Penal Code (sale
 5-5     or purchase of a child);
 5-6                 (11)  an offense under Section 28.02, Penal Code
 5-7     (arson);
 5-8                 (12)  an offense under Section 29.02, Penal Code
 5-9     (robbery); [or]
5-10                 (13)  an offense under Section 29.03, Penal Code
5-11     (aggravated robbery); or
5-12                 (14)  a conviction under the laws of another state,
5-13     federal law, or the Uniform Code of Military Justice for an offense
5-14     containing elements that are substantially similar to the elements
5-15     of an offense listed under Subdivisions (1)-(13).
5-16           SECTION 5.  This Act takes effect immediately if it receives
5-17     a vote of two-thirds of all the members elected to each house, as
5-18     provided by Section 39, Article III, Texas Constitution.  If this
5-19     Act does not receive the vote necessary for immediate effect, this
5-20     Act takes effect September 1, 2001.