SECTION 448.601. Hiring Practices

(a) A facility whose personnel includes counselor interns shall be registered with the Commission as a clinical training institution and comply with all applicable requirements.

(b) The facility shall verify by Internet, telephone or letter and document the current status of all required credentials with the credentialing authority.

(c) The facility shall be aware of its obligations under TEX. CIV. PRAC. & REM. CODE ANN. §81.003 (Vernon 1997 & Supp. 2004).

(d) The facility shall obtain and assess the results of a criminal background check from the Department of Public Safety on all staff within four weeks of the hiring date. Individuals hired may not have any client contact until the results of the criminal background check are assessed. The facility shall use the criteria listed in TEX. OCC. CODE ANN. §53.022, §53.023 (Vernon 2004) to evaluate criminal history reports and make related employment decisions.

(e) The facility shall not hire an individual who has not passed a pre-employment drug test that meets criteria established by the Commission. This requirement does not restrict facilities from implementing random drug testing of its staff as permitted by law.

(f) The facility shall develop a job description which outlines job duties and minimum qualifications for all personnel.

(g) The facility shall maintain a personnel file for each employee, and all contractors, students and volunteers with any direct client contact which contains documentation demonstrating compliance with this section.

Source Note: The provisions of this §448.601 adopted to be effective September 1, 2004, 29 TexReg 2020; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842