(a) For each applicant for employment, an employer or DR must:
  (1) obtain the applicant's required information on the Criminal History and Registry Checks, (Form 1725) necessary to conduct an initial and annual check of the DADS Nurse Aide Registry and the Employee Misconduct Registry; and
  (2) request that the FMSA obtain and document the results of the registry check for an applicant using Form 1725 and send a copy to the employer or DR.
(b) The result of a registry check must be obtained within 30 calendar days before the hire date and within 30 calendar days after each annual employment anniversary.
(c) An employer must not employ an applicant, and must immediately discharge an employee upon verification that the person is listed:
  (1) as revoked in the Nurse Aide Registry; or
  (2) as unemployable in the Employee Misconduct Registry.
(d) An employer must:
  (1) submit to the FMSA, for each applicant, contractor or vendor, the information required to conduct a monthly check of the Texas Health and Human Services Commission (HHSC) - Office of Inspector General (OIG) List of Excluded Individuals/Entities and the United States Department of Health and Human Services (HHS) - OIG Excluded Individuals/Entities Search online searchable databases; and
  (2) not employ an applicant, contractor or vendor or immediately discharge an employee, contractor or vendor if listed on the HHSC or the HHS List of Excluded Individuals and Entities.
(e) An employer must obtain and maintain a copy of completed Form 1725 documenting the results of the registry checks.
(f) When contracting with an entity, the employer and the entity must complete a service agreement in which the entity certifies that it has checked and verified that each person delivering a service to the individual on behalf of the contractor is in compliance with, and will maintain compliance with, this section.

Source Note: The provisions of this §41.227 adopted to be effective January 1, 2007, 31 TexReg 10352; amended to be effective July 1, 2013, 38 TexReg 3990