Amend Amendment No. 131 by Heflin to CSHB 2292 by adding the
following appropriately numbered item and renumbering the
remaining items as appropriate:
(___) Add the following appropriately numbered sections of
the bill and renumber the remaining sections of the bill as
appropriate:
SECTION _____. Section 253.008, Health and Safety Code, is
amended to read as follows:
Sec. 253.008. VERIFICATION OF EMPLOYABILITY. (a) Before a
facility, [or] an agency licensed under Chapter 142, or a person
exempt from licensing under Section 142.003(a)(19) may hire an
employee, the facility, [or] agency, or person shall search the
employee misconduct registry under this chapter and the nurse aide
registry maintained under the Omnibus Budget Reconciliation Act of
1987 (Pub. L. No. 100-203) to determine whether the applicant for
employment [person] is designated in either registry as having
abused, neglected, or exploited a resident or consumer of a
facility or an individual receiving services from an agency
licensed under Chapter 142 or from a person exempt from licensing
under Section 142.003(a)(19).
(b) A facility, [or] agency licensed under Chapter 142, or a
person exempt from licensing under Section 142.003(a)(19) may not
employ a person who is listed in either registry as having abused,
neglected, or exploited a resident or consumer of a facility or an
individual receiving services from an agency licensed under Chapter
142 or from a person exempt from licensing under Section
142.003(a)(19).
SECTION _____. Section 253.009(a), Health and Safety Code,
is amended to read as follows:
(a) Each facility, [or] each agency licensed under Chapter
142, and each person exempt from licensing under Section
142.003(a)(19) shall notify its employees in a manner prescribed by
the department:
(1) about the employee misconduct registry; and
(2) that an employee may not be employed if the
employee is listed in the registry.
SECTION _____. Section 48.401(1), Human Resources Code, is
amended to read as follows:
(1) "Agency" means:
(A) an entity licensed under Chapter 142, Health
and Safety Code; or
(B) a person exempt from licensing under Section
142.003(a)(19), Health and Safety Code.