(a) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.
  (1) Applicant means any individual applying for a position in a center.
  (2) Employee means an individual directly employed by a center, a volunteer, or a contractor.
(b) The provisions in this subsection apply to an applicant and an employee.
  (1) A center must conduct a criminal history check authorized by, and in compliance with, THSC Chapter 250 for an applicant for employment and an employee.
  (2) A center must not employ an applicant whose criminal history check includes a conviction listed in THSC §250.006 that bars employment or a conviction the center has determined is a contraindication to employment. If an applicant's or employee's criminal history check includes a conviction of an offense that is not listed in THSC §250.006, the center must document its review of the conviction and its determination of whether the conviction is a contraindication to employment.
  (3) The center must immediately discharge an employee when the center becomes aware that the employee's criminal history check reveals conviction of a crime that bars employment or that the center has determined is a contraindication to employment.
(c) The provisions in this subsection apply to an applicant and an employee.
  (1) Before a center hires an applicant, the center must search the Nurse Aid Registry (NAR) and the Employee Misconduct Registry (EMR) using the DADS website to determine if an applicant or employee is listed in either registry as unemployable. The center must not employ an applicant who is listed as unemployable in either registry.
  (2) The center must provide information about the EMR to an employee no later than five business days after hiring an employee. The information must:
    (A) be in writing;
    (B) state that a person listed in the EMR is not employable by the center; and
    (C) include a reference to Chapter 93 of this title (relating to Employee Misconduct Registry (EMR)) and THSC Chapter 253.
  (3) In addition to the initial verification of employability, the center must search the NAR and the EMR to determine if the employee is listed as unemployable in either registry at least every 12 months.
  (4) The center must immediately discharge an employee when the center becomes aware:
    (A) that the employee is designated in the NAR or the EMR as unemployable; or
    (B) that the employee's criminal history check reveals conviction of a crime that bars employment or that the center has determined is a contraindication to employment.
(d) Upon request by DADS, a center must provide documentation to demonstrate compliance with subsections (b) and (c) of this section.

Source Note: The provisions of this §550.418 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875