SECTION 551.321. Determination of Employability

(a) A facility must comply with Texas Health and Safety Code, Chapter 250 (relating to Nurse Aide Registry and Criminal History Checks of Employees and Applicants for Employment in Certain Facilities Serving the Elderly, Persons with Disabilities, or Persons with Terminal Illnesses).

(b) Before a facility hires an applicant for employment, the facility must search the employee misconduct registry (EMR) established under the Texas Health and Safety Code §253.007, and the nurse aide registry (NAR) established under Texas Health and Safety Code §253.008 (relating to Verification of Employability; Annual Search) to determine if the applicant is designated in the EMR or NAR as unemployable. The EMR and NAR may be accessed on the HHSC Internet website.

(c) In addition to the initial search of the EMR and NAR, a facility must conduct a search of the EMR and NAR to determine if the employee is designated in either registry as unemployable, as follows:

(1) for an employee most recently hired before September 1, 2009, by August 31, 2011, and at least every twelve months thereafter; and

(2) for an employee most recently hired on or after September 1, 2009, at least every twelve months.

(d) A facility must keep a copy of the results of the initial and annual searches of the EMR and NAR in the employee's personnel file and make it available to HHSC upon request.

(e) A facility is prohibited from hiring or continuing to employ a person who is listed in the EMR or NAR as unemployable.

(f) A facility must provide information about the EMR to an employee in accordance with 40 TAC §93.3 (relating to Employment and Registry Information).

Source Note: The provisions of this §551.321 adopted to be effective August 31, 1993, 18 TexReg 2557; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective May 1, 1998, 23 TexReg 4060; amended to be effective May 1, 2000, 25 TexReg 3557; amended to be effective September 1, 2010, 35 TexReg 4469; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787