1-1 By: Moncrief S.B. No. 1242
1-2 (In the Senate - Filed March 7, 2001; March 12, 2001, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 2, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 2, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1242 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to criminal history checks of employees and applicants for
1-11 employment in certain long-term care facilities.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 250.002, Health and Safety Code, is
1-14 amended to read as follows:
1-15 Sec. 250.002. INFORMATION OBTAINED BY FACILITY, REGULATORY
1-16 AGENCY, OR PRIVATE AGENCY. (a) A facility, a regulatory agency,
1-17 or a private agency on behalf of a facility is entitled to obtain
1-18 from the Department of Public Safety of the State of Texas criminal
1-19 history record information maintained by the Department of Public
1-20 Safety that relates to a person who is:
1-21 (1) an applicant for employment at a facility other
1-22 than a facility licensed under Chapter 142;
1-23 (2) [licensed, certified, or under contract with the
1-24 agency, as specified by Section 250.001(3), or who is] an employee
1-25 of a [that] facility other than a facility licensed under Chapter
1-26 142; or
1-27 (3) an applicant for employment at or an employee of a
1-28 facility licensed under Chapter 142[, and] whose employment duties
1-29 would or do involve direct contact with a consumer in the [a]
1-30 facility.
1-31 (b) A facility may:
1-32 (1) pay a private agency to obtain criminal history
1-33 record information for an applicant or employee described by
1-34 Subsection (a) directly from the Department of Public Safety of the
1-35 State of Texas; or
1-36 (2) obtain the information directly [from the
1-37 regulatory agency that obtains the information] from the Department
1-38 of Public Safety of the State of Texas [regarding that facility].
1-39 (c) The [regulatory agency or] private agency[, as
1-40 appropriate,] shall forward criminal history record information
1-41 received under this section to the facility requesting the
1-42 information.
1-43 (d) A regulatory agency may adopt rules relating to the
1-44 processing of information requested or obtained under this chapter.
1-45 SECTION 2. Section 250.003, Health and Safety Code, is
1-46 amended to read as follows:
1-47 Sec. 250.003. VERIFICATION OF EMPLOYABILITY; DISCHARGE.
1-48 (a) A facility may not employ a person [in a position the duties
1-49 of which involve direct contact with a consumer in the facility] if
1-50 the facility determines, as a result of a criminal history check,
1-51 that a person has been convicted of an offense listed in this
1-52 chapter that bars employment or that a conviction is a
1-53 contraindication to employment with the consumers the facility
1-54 serves, and if the applicant is a nurse aide, until the facility
1-55 further verifies that the applicant is listed in the nurse aide
1-56 registry and verifies that the applicant is not designated in the
1-57 registry as having a finding entered into the registry concerning
1-58 abuse, neglect, or mistreatment of a consumer of a facility, or
1-59 misappropriation of a consumer's property. A person licensed under
1-60 another law of this state is exempt from the requirements of this
1-61 chapter.
1-62 (b) The facility may not employ an applicant covered by
1-63 Subsection (a), except that in an emergency requiring immediate
1-64 employment, a facility may hire on a temporary or interim basis a
2-1 person not listed in the registry pending the results of a criminal
2-2 conviction check, which must be requested within 72 hours of
2-3 employment. [The request shall be mailed, sent by telephonic
2-4 facsimile machine, sent by electronic means, or otherwise forwarded
2-5 to the facility's regulatory agency by the facility or a private
2-6 agency working with the facility, or to the Department of Public
2-7 Safety of the State of Texas by a private agency working with the
2-8 facility.]
2-9 (c) A facility shall immediately discharge any employee [in
2-10 a position the duties of which involve direct contact with a
2-11 consumer in the facility] who is designated in the nurse aide
2-12 registry or the employee misconduct registry as having committed an
2-13 act of abuse, neglect, or mistreatment of a consumer of a facility,
2-14 or misappropriation of a consumer's property, or whose criminal
2-15 history check reveals conviction of a crime that bars employment or
2-16 that the facility determines is a contraindication to employment as
2-17 provided by this chapter.
2-18 SECTION 3. Subsection (a), Section 250.004, Health and
2-19 Safety Code, is amended to read as follows:
2-20 (a) Identifying information of an employee [in direct
2-21 contact with a consumer] in a covered facility shall be submitted
2-22 electronically, on disk, or on a typewritten form to the Department
2-23 of Public Safety to obtain the person's criminal conviction record
2-24 when the person applies for employment and at other times as the
2-25 facility may determine appropriate. In this subsection,
2-26 "identifying information" includes:
2-27 (1) the complete name, race, and sex of the employee;
2-28 (2) any known identifying number of the employee,
2-29 including social security number, driver's license number, or state
2-30 identification number; and
2-31 (3) the employee's date of birth.
2-32 SECTION 4. Section 250.006, Health and Safety Code, is
2-33 amended to read as follows:
2-34 Sec. 250.006. CONVICTIONS BARRING EMPLOYMENT. A person for
2-35 whom the facility is entitled to obtain criminal history record
2-36 information may not be employed in a facility if the person has
2-37 been convicted of an offense listed in this section [may not be
2-38 employed in a position the duties of which involve direct contact
2-39 with a consumer in a facility]:
2-40 (1) an offense under Chapter 19, Penal Code (criminal
2-41 homicide);
2-42 (2) an offense under Chapter 20, Penal Code
2-43 (kidnapping and false imprisonment);
2-44 (3) an offense under Section 21.11, Penal Code
2-45 (indecency with a child);
2-46 (4) an offense under Section 22.011, Penal Code
2-47 (sexual assault);
2-48 (5) an offense under Section 22.02, Penal Code
2-49 (aggravated assault);
2-50 (6) an offense under Section 22.04, Penal Code (injury
2-51 to a child, elderly individual, or disabled individual);
2-52 (7) an offense under Section 22.041, Penal Code
2-53 (abandoning or endangering child);
2-54 (8) an offense under Section 22.08, Penal Code (aiding
2-55 suicide);
2-56 (9) an offense under Section 25.031, Penal Code
2-57 (agreement to abduct from custody);
2-58 (10) an offense under Section 25.08, Penal Code (sale
2-59 or purchase of a child);
2-60 (11) an offense under Section 28.02, Penal Code
2-61 (arson);
2-62 (12) an offense under Section 29.02, Penal Code
2-63 (robbery); [or]
2-64 (13) an offense under Section 29.03, Penal Code
2-65 (aggravated robbery); or
2-66 (14) a conviction under the laws of another state,
2-67 federal law, or the Uniform Code of Military Justice for an offense
2-68 containing elements that are substantially similar to the elements
2-69 of an offense listed under Subdivisions (1)-(13).
3-1 SECTION 5. This Act takes effect immediately if it receives
3-2 a vote of two-thirds of all the members elected to each house, as
3-3 provided by Section 39, Article III, Texas Constitution. If this
3-4 Act does not receive the vote necessary for immediate effect, this
3-5 Act takes effect September 1, 2001.
3-6 * * * * *