(a) Before employment or assignment, a facility must conduct a criminal history check and registry clearance of an applicant for employment or volunteer status consisting of:
  (1) a criminal history check obtained directly from the Texas Department of Public Safety;
  (2) a criminal history check obtained through the Federal Bureau of Investigation using a complete set of fingerprints; and
  (3) searches of the registries and CANRS.
(b) A facility may not employ or assign volunteer status to an applicant who:
  (1) has been convicted of or has received deferred adjudication for any of the criminal offenses listed in Texas Health and Safety Code (HSC) §250.006(a);
  (2) has been convicted of or has received deferred adjudication for any of the criminal offenses listed in HSC §250.006(b) within five years preceding the date of employment or assignment of volunteer status;
  (3) has been convicted of or has received deferred adjudication for a criminal offense that DADS has determined to be a contraindication to employment or volunteer status pursuant to HSC §533.007;
  (4) is listed as revoked in the Nurse Aide Registry;
  (5) is listed as unemployable in the Employee Misconduct Registry; or
  (6) has a confirmation of abuse or neglect in CANRS.
(c) Pursuant to HSC §533.007(b), a facility may not take an adverse personnel action based on an arrest warrant or wanted persons information.

Source Note: The provisions of this §926.53 adopted to be effective October 6, 2011, 36 TexReg 6511; transferred effective July 31, 2024, as published in the July 5, 2024, issue of the Texas Register, 49 TexReg 4925