Section 553.257 - Human Resources(a) Personnel records. A facility must keep current and complete personnel records on a facility employee for review by HHSC staff including:(1) documentation that the facility performed a criminal history check;(2) an annual employee misconduct registry check;(3) an annual nurse aide registry check;(4) documentation of initial tuberculosis screenings referenced in § 553.261(f) of this subchapter (relating to Coordination of Care);(5) documentation of the employee's compliance with or exemption from the facility vaccination policy referenced in § 553.261(f) of this subchapter;(6) the signed statement from the employee referenced in § 553.273 of this subchapter (relating to Abuse, Neglect, or Exploitation Reportable to HHSC by Facilities), acknowledging that the employee may be criminally liable for the failure to report abuse, neglect, and exploitation; and(7) a signed disclosure statement, indicating whether the employee:(A) has been convicted of an offense described in Texas Health and Safety Code § 250.006; and(B) has lived in a state other than Texas within the past five years.(b) Investigation of facility employees.(1) A facility must comply with the provisions of Texas Health and Safety Code, Chapter 250.(2) Before a facility hires an employee, the facility must search the employee misconduct registry (EMR) established under §253.007, Texas Health and Safety Code, and the HHSC nurse aide registry (NAR) to determine if the individual is designated in either registry as unemployable based on employee misconduct. Both registries can be accessed on the HHSC Internet website.(3) A facility is prohibited from hiring or continuing to employ a person who is listed in the EMR or NAR as unemployable or who has been convicted of an offense listed in Texas Health and Safety Code § 250.006 as a bar to employment or is a contraindication to employment with the facility.(4) A facility must provide notification about the EMR to an employee in accordance with § 561.3 of this title (relating to Employment and Registry Information).(5) In addition to the initial search of the NAR and the EMR, a facility must conduct a search of the NAR and the EMR to determine if the employee is designated in either registry as unemployable at least every 12 months.(6) A facility must keep a copy of the results of the initial and annual searches of the NAR and EMR in the employee's personnel file.(7) If an applicant for employment indicates on the disclosure statement that he or she have lived in another state within the past five years, the facility must conduct a name-based criminal history check in each state in which the applicant previously resided within the five-year period. A facility may hire the applicant pending the results of the name-based criminal history check in each state, but the employee must not be in a position that has direct contact with residents.(8) If HHSC determines that a facility employee has engaged in reportable conduct, the facility must: (A) suspend the employment of the employee while the employee exhausts any applicable appeals process, including informal and formal appeals and any hearing or judicial review conducted in accordance with Texas Health and Safety Code § 253.004 or § 253.005, pending a final decision by an administrative law judge; and (B) not reinstate the employee's employment during the course of any applicable appeals process. (9) For the purpose of paragraph (8) of this subsection, reportable conduct includes: (A) abuse or neglect that causes or may cause death or harm to a resident; (B) sexual abuse of a resident; (C) financial exploitation of a resident in an amount of $25 or more; and (D) emotional, verbal, or psychological abuse that causes harm to a resident.26 Tex. Admin. Code § 553.257
The provisions of this §553.257 adopted to be effective September 1, 2003, 28 TexReg 3830; transferred from Title 40, Chapter 92 by Texas Register, Volume 44, Number 15, April 12, 2019, TexReg 1886, eff. 5/1/2019; adopted by Texas Register, Volume 46, Number 33, August 13, 2021, TexReg 5017, eff. 8/31/2021; Amended by Texas Register, Volume 47, Number 46, November 18, 2022, TexReg 7712, eff. 12/6/2022; Amended by Texas Register, Volume 49, Number 36, September 6, 2024, TexReg 7047, eff. 9/12/2024