Bill Text: TX HB3533 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to criminal history record checks for nurse aides and applicants for listing on the nurse aide registry; authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-23 - No action taken in committee [HB3533 Detail]
Download: Texas-2019-HB3533-Introduced.html
86R13151 SCL-F | ||
By: Rose | H.B. No. 3533 |
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relating to criminal history record checks for nurse aides and | ||
applicants for listing on the nurse aide registry; authorizing a | ||
fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 250, Health and Safety Code, is amended | ||
by adding Section 250.0025 to read as follows: | ||
Sec. 250.0025. VERIFICATION OF ELIGIBILITY. (a) In this | ||
section: | ||
(1) "Commission" means the Health and Human Services | ||
Commission. | ||
(2) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(b) An applicant for listing on the nurse aide registry must | ||
obtain the commission's verification for eligibility before the | ||
nurse aide may be listed on the registry. The executive | ||
commissioner by rule shall establish standards for verification as | ||
necessary to protect the public health and safety. | ||
(c) An applicant for listing on the nurse aide registry | ||
shall submit an application for verification of eligibility to the | ||
commission on the form and in the manner prescribed by commission | ||
rule. The application must include a complete set of the | ||
applicant's fingerprints for purposes of conducting a criminal | ||
history record check. | ||
(d) The commission may not verify the eligibility of an | ||
applicant under this section unless the commission obtains the | ||
criminal history record information for the applicant and | ||
determines that the applicant has not committed an offense listed | ||
in Section 250.006. In determining whether to verify the | ||
eligibility of an applicant, the commission shall consider: | ||
(1) the information provided to the commission by the | ||
applicant; | ||
(2) the information made available by the Department | ||
of Public Safety of the State of Texas under Section 411.1106, | ||
Government Code, or by the Federal Bureau of Investigation or | ||
another criminal justice agency under Section 411.087, Government | ||
Code; and | ||
(3) the commission's records. | ||
(e) The commission may require an applicant for | ||
verification of eligibility under this section to pay to the | ||
commission a fee set by commission rule in an amount not to exceed | ||
the administrative costs the commission incurs in processing an | ||
application submitted under Subsection (c). | ||
SECTION 2. Section 250.006(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) For purposes of this section, a person [ |
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considered to have been convicted of an offense listed in this | ||
section if the person is placed on deferred adjudication community | ||
supervision for that [ |
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SECTION 3. Section 411.1106(b), Government Code, is amended | ||
to read as follows: | ||
(b) The executive commissioner of the commission, or the | ||
executive commissioner's designee, is entitled to obtain from the | ||
department criminal history record information maintained by the | ||
department that relates to a person who is: | ||
(1) an applicant for employment for a position in | ||
which the person, as an employee, would have access to sensitive | ||
personal or financial information, as determined by the executive | ||
commissioner, in: | ||
(A) the eligibility services division of the | ||
commission; or | ||
(B) the commission's office of inspector | ||
general; [ |
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(2) an employee of the commission who has access to | ||
sensitive personal or financial information, as determined by the | ||
executive commissioner; or | ||
(3) a nurse aide who is the subject of an application | ||
for verification of eligibility submitted under Section 250.0025, | ||
Health and Safety Code. | ||
SECTION 4. (a) As soon as practicable after the effective | ||
date of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules necessary to implement | ||
Section 250.0025, Health and Safety Code, as added by this Act. | ||
(b) Notwithstanding Section 250.0025, Health and Safety | ||
Code, as added by this Act, an applicant for the nurse aide registry | ||
is not required to comply with that section or rules adopted under | ||
that section until January 1, 2020. | ||
SECTION 5. (a) Section 250.0025, Health and Safety Code, as | ||
added by this Act, applies only to a nurse aide registry listing | ||
occurring on or after the effective date of this Act. | ||
(b) Section 250.006, Health and Safety Code, as amended by | ||
this Act, applies only to a criminal history record check conducted | ||
on or after the effective date of this Act. A criminal history | ||
record check conducted before the effective date of this Act is | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and that law is continued in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2019. |