(a) A facility may employ an applicant on a temporary basis pending the results of a criminal history check if:
  (1) the facility has searched the registries and CANRS and determined that the applicant:
    (A) is not listed as revoked in the Nurse Aide Registry;
    (B) is not listed as unemployable in the Employee Misconduct Registry; and
    (C) does not have a finding of abuse or neglect in CANRS; and
  (2) an emergency exists in which, as a result of unfilled positions, the health and safety of individuals is at risk or the operations of the facility are severely impaired.
(b) The facility must initiate a criminal history check of a person employed on a temporary basis as described in §3.201(a)(1) - (2) of this subchapter (relating to Pre-employment or Pre-assignment Checks and Clearances) within 72 hours after the applicant is employed.
(c) If a facility employs a person pending a criminal history check, the facility must ensure that the person has no direct contact with an individual until the facility obtains the person's criminal history record information and verifies the person's employability as required by §3.201 of this subchapter.
(d) A facility must immediately discharge or dismiss an employee whose criminal history check reveals a conviction or deferred adjudication for any of the criminal offenses listed in §3.201(b)(1) - (3) of this subchapter.

Source Note: The provisions of this §926.55 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