(a) Before a facility, agency, or individual employer hires an employee, the facility, agency, individual employer, or a financial management services agency (FMSA), on behalf of the individual employer, must search the Employee Misconduct Registry (EMR) and Nurse Aide Registry (NAR) to determine if the person applying for employment is listed as unemployable on either registry.
(b) A facility, agency, or individual employer must not hire or continue to employ a person listed in the EMR or NAR as unemployable.
(c) A facility, agency, or individual employer must, within five working days after hiring an employee, provide written information to the employee explaining:
  (1) that a person listed in the EMR is not employable by a facility, agency, or individual employer; and
  (2) that the EMR is governed by this chapter and Texas Health and Safety Code Chapter 253.
(d) A facility, agency, individual employer, or FMSA, on behalf of an individual employer, must search the EMR and NAR annually to determine if an employee is listed on either registry as unemployable.
(e) A facility, or agency, individual employer, or FMSA, on behalf of an individual employer, must maintain a copy of the results of the searches required by subsections (a) and (d) of this section in the books and records maintained by the entity that conducted the search.

Source Note: The provisions of this §561.3 adopted to be effective April 21, 2022, 47 TexReg 2012