SRC-TJG S.B. 61 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 61
78R1423 JRD-DBy: Zaffirini
Health and Human Services
4/8/2003
As Filed


DIGEST AND PURPOSE 

Currently, criminal history checks on nursing home facilities are done on
the state level, but not the national level.  As proposed, S.B. 61
requires criminal history checks of employees and applicants for
employment in nursing homes on a national level. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 250.002, Health and Safety Code, by adding
Subsection (e), to require a nursing home or a private agency, on behalf
of the facility, to obtain criminal history record information from the
Department of Public Safety of the State of Texas (DPS) in accordance with
this chapter and Chapter 411F, Government Code, and obtain criminal
history record information from the Federal Bureau of Investigation (FBI)
in accordance with Section 411.087, Government Code, for each applicant
for employment or employee of a facility licensed under Chapter 242
(convalescent and nursing homes and related institutions) whose duties
would or do involve direct contact with a consumer in the facility.
Authorizes the facility or a private agency, on behalf of the facility, to
obtain criminal history record information from any court or local, state,
or national governmental agency if no disqualifying record or information
has been obtained from DPS or the FBI. 

SECTION 2.  Amends Section 250.004(b), Health and Safety Code, by
replacing "the Department of Public Safety reports" with "a facility
receives criminal history record information under this chapter" relating
to criminal history checks of employees and applicants for employment at
nursing homes.  Makes a nonsubstanative change.   

SECTION 3.  Effective date: September 1, 2003.