Employee Misconduct Registry Training and Reporting Requirement for Consumer Directed Services Employers and their Employees
The EMR is a public database maintained by the Department of Aging and Disability Services (DADS) in accordance with Texas Health and Safety Code (THSC) Chapter 253. The purpose of the EMR is to ensure unlicensed personnel who commit reportable conduct against individuals receiving DADS services are not employed in a DADS program. The EMR applies to employees who provide personal care services, treatment, or any other personal services and are not licensed by the state to perform the services.
Prior to January 1, 2014, 40 TAC, Part 1, Chapter 41, CDS Option, required an EMR check and prohibited employment of a person listed in the EMR, however, the law regarding the EMR, THSC Chapter 253, did not include “reportable conduct” committed by a person as a CDS employee. Effective January 1, 2014, Chapter 253 was amended to include a CDS employee as a person who can be listed in the EMR and prohibited by law from employment. For more information see http://www.dads.state.tx.us/providers/communications/2014/letters/IL2014-71.pdf.
To implement the changes in THSC Chapter 253, amendments to 40 TAC, Part 1, Chapter 93, EMR, were adopted effective October 19, 2014, to clarify that individual employers, Financial Management Services Agencies (FMSAs), and employees hired by CDS employers are subject to EMR requirements.
The Department of Family and Protective Services (DFPS) investigates allegations of abuse, neglect, and exploitation made against a CDS employee. In addition to the rules at 40 TAC, Part 1, Chapter 93, DFPS rules at 40 TAC, Part 19, Chapter 711, Subchapter O, Employee Misconduct Registery, govern the EMR investigations, findings, and hearing rights provided by DFPS.
The FMSA checks the EMR on behalf of CDS employers before an employee is hired, and annually thereafter. EMR rules and the CDS rules state that a CDS employer must not hire, or continue to employ, a person listed on the EMR.
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