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.