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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal history record checks for nurse aides and |
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applicants for listing on the nurse aide registry; authorizing a |
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fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 250, Health and Safety Code, is amended |
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by adding Section 250.0025 to read as follows: |
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Sec. 250.0025. VERIFICATION OF ELIGIBILITY. (a) In this |
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section: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(b) An applicant for listing on the nurse aide registry must |
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obtain the commission's verification for eligibility before the |
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nurse aide may be listed on the registry. The executive |
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commissioner by rule shall establish standards for verification as |
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necessary to protect the public health and safety. |
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(c) An applicant for listing on the nurse aide registry |
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shall submit an application for verification of eligibility to the |
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commission on the form and in the manner prescribed by commission |
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rule. The application must include a complete set of the |
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applicant's fingerprints for purposes of conducting a criminal |
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history record check. |
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(d) The commission may not verify the eligibility of an |
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applicant under this section unless the commission obtains the |
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criminal history record information for the applicant and |
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determines that the applicant has not committed an offense listed |
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in Section 250.006. In determining whether to verify the |
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eligibility of an applicant, the commission shall consider: |
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(1) the information provided to the commission by the |
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applicant; |
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(2) the information made available by the Department |
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of Public Safety of the State of Texas under Section 411.1106, |
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Government Code, or by the Federal Bureau of Investigation or |
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another criminal justice agency under Section 411.087, Government |
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Code; and |
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(3) the commission's records. |
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(e) The commission may require an applicant for |
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verification of eligibility under this section to pay to the |
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commission a fee set by commission rule in an amount not to exceed |
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the administrative costs the commission incurs in processing an |
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application submitted under Subsection (c). |
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SECTION 2. Section 250.006(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) For purposes of this section, a person [who] is |
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considered to have been convicted of an offense listed in this |
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section if the person is placed on deferred adjudication community |
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supervision for that [an] offense [listed in this section,
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successfully completes the period of deferred adjudication
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community supervision, and receives a dismissal and discharge in
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accordance with Article 42A.111, Code of Criminal Procedure, is not
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considered convicted of the offense for which the person received
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deferred adjudication community supervision]. |
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SECTION 3. Section 411.1106(b), Government Code, is amended |
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to read as follows: |
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(b) The executive commissioner of the commission, or the |
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executive commissioner's designee, is entitled to obtain from the |
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department criminal history record information maintained by the |
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department that relates to a person who is: |
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(1) an applicant for employment for a position in |
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which the person, as an employee, would have access to sensitive |
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personal or financial information, as determined by the executive |
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commissioner, in: |
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(A) the eligibility services division of the |
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commission; or |
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(B) the commission's office of inspector |
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general; [or] |
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(2) an employee of the commission who has access to |
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sensitive personal or financial information, as determined by the |
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executive commissioner; or |
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(3) a nurse aide who is the subject of an application |
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for verification of eligibility submitted under Section 250.0025, |
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Health and Safety Code. |
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SECTION 4. (a) As soon as practicable after the effective |
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date of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Section 250.0025, Health and Safety Code, as added by this Act. |
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(b) Notwithstanding Section 250.0025, Health and Safety |
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Code, as added by this Act, an applicant for the nurse aide registry |
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is not required to comply with that section or rules adopted under |
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that section until January 1, 2020. |
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SECTION 5. (a) Section 250.0025, Health and Safety Code, as |
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added by this Act, applies only to a nurse aide registry listing |
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occurring on or after the effective date of this Act. |
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(b) Section 250.006, Health and Safety Code, as amended by |
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this Act, applies only to a criminal history record check conducted |
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on or after the effective date of this Act. A criminal history |
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record check conducted before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2019. |