2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 250 - 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 › Section 250.002. Information Obtained by Facility, Regulatory Agency, or Private Agency

Sec. 250.002.  INFORMATION OBTAINED BY FACILITY, REGULATORY AGENCY, OR PRIVATE AGENCY.  (a)  A regulatory agency or a financial management services agency on behalf of an individual employer is entitled to obtain from the Department of Public Safety of the State of Texas criminal history record information maintained by the Department of Public Safety that relates to a person who is:
(1)  an applicant for employment at a facility other than a facility licensed under Chapter 142;
(2)  an employee of a facility other than a facility licensed under Chapter 142;
(3)  an applicant for employment at or an employee of a facility licensed under Chapter 142 whose employment duties would or do involve direct contact with a consumer in the facility; or
(4)  an applicant for employment by or an employee of an individual employer.
(a-1)  A facility or a private agency on behalf of a facility is entitled to obtain from the Department of Public Safety of the State of Texas criminal history record information maintained by the Department of Public Safety that relates to a person who is:
(1)  an applicant for employment with, an employee of, or a volunteer with the facility;
(2)  an applicant for employment with or an employee of a person or business that contracts with the facility;
(3)  an applicant for employment by or an employee of an individual employer; or
(4)  a student enrolled in an educational program or course of study who is at the facility for educational purposes.
(b)  A facility may:
(1)  pay a private agency to obtain criminal history record information for a person described by Subsection (a-1) directly from the Department of Public Safety of the State of Texas; or
(2)  obtain the information directly from the Department of Public Safety.
(c)  The private agency shall forward criminal history record information received under this section to the facility requesting the information.
(c-1)  A financial management services agency shall forward criminal history record information received under this section to the individual employer requesting the information.
(d)  The executive commissioner of the Health and Human Services Commission may adopt rules relating to the processing of information requested or obtained under this chapter.
Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June 16, 1995;  Acts 2001, 77th Leg., ch. 1025, Sec. 3, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1267, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.02, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 20, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 266 (H.B. 729), Sec. 3, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0756, eff. April 2, 2015.