(a) At any time while employed by or assigned to a facility, an employee, volunteer, or unpaid professional intern must report to the designated person within five calendar days any of the following events:
  (1) the employee's, volunteer's, or intern's conviction, arrest, indictment, adjudication of guilt, plea of guilty or nolo contendre, assessment of probation, pretrial diversion, or deferred adjudication for any criminal offense; or a dismissal, acquittal, or similar final outcome for any criminal offense that does not involve a plea of guilty or nolo contendre; and
  (2) any listing of the employee, volunteer, or intern as revoked in the Nurse Aide Registry or as unemployable in the Employee Misconduct Registry.
(b) If an employee, volunteer, or unpaid professional intern fails to report information in accordance with subsection (a) of this section, DADS may take disciplinary action, including termination, against the employee, volunteer, or intern.
(c) A facility must conduct subsequent criminal history checks and registry clearances for an employee or volunteer annually. A facility may conduct subsequent criminal history checks and registry clearances more frequently at the facility's discretion.
(d) If DADS finds from a subsequent criminal history check or registry clearance that an employee or volunteer meets any of the criteria that constitute a bar to employment or assignment as described §3.201(b) of this subchapter (relating to Pre-employment or Pre-assignment Checks and Clearances), DADS may take disciplinary action, including termination, against the employee or volunteer.

Source Note: The provisions of this §926.61 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