SECTION 414.506. Criminal History Record Information and Registry Information

(a) Facilities, local authorities, community centers, and providers will have written policies and procedures consistent with this subchapter that describe how information obtained through a criminal history and registry clearance will be processed and later destroyed. The policies and procedures must include:

(1) processes that protect the confidentiality of criminal history record information pursuant to the Texas Health and Safety Code, §250.007;

(2) the process for notifying an applicant if:

(A) the applicant's criminal history record information identifies a conviction barring, or a contraindication to, employment or volunteer status; or

(B) the applicant is listed as revoked in the Nurse Aide Registry or is listed as unemployable in the Employee Misconduct Registry;

(3) information on how an applicant can address inaccuracies in criminal history record information (i.e., the opportunity to be heard by Texas Department of Public Safety (TDPS), pursuant to Texas Health and Safety Code, §250.005(b)) if the applicant believes he/she has been unjustly denied employment or volunteer status as a result of inaccurate criminal history record information; and

(4) procedures for destroying all criminal history record information obtained in accordance with this subchapter after an employment/volunteer decision has been made or personal action has been taken, as required by the Texas Government Code, §411.115(e).

(b) If an applicant's criminal history record information identifies a conviction barring employment or volunteer status or if the applicant is listed as revoked in the Nurse Aide Registry or is listed as unemployable in the Employee Misconduct Registry, then the applicant must be notified in writing of the following:

(1) the existence of the TDPS or FBI record of the conviction or the registry listing;

(2) the applicant's ineligibility for employment or volunteer status because of the conviction or registry listing; and

(3) how to address possible inaccuracies in criminal history record information (i.e., the opportunity to be heard by Texas Department of Public Safety (TDPS), pursuant to Texas Health and Safety Code, §250.005(b)) or how to address a possibly inaccurate registry listing (i.e., by calling TDHS registry administrators at 1-800-458-9858).

Source Note: The provisions of this §414.506 adopted to be effective February 6, 2002, 27 TexReg 749