Provider Letter No. 16-18 – Criminal History, Nurse Aide Registry (NAR), and Employee Misconduct Registry (EMR) Requirements (Replaces PLs 15-34 and 06-48)
Before hiring an applicant, ALFs are required to verify employability by conducting a criminal history record check. Verification includes searches of the Employee Misconduct Registry (EMR) established under the Texas Health and Safety Code (THSC) Chapter 253, and the Nurse Aide Registry (NAR). The following provides additional information about these employability requirements.
Verification of Employability
Title 40 Texas Administrative Code (TAC) §92.123, requires an ALF to comply with the provisions of THSC Chapter 250 relating to criminal history checks of employees and applicants for employment. THSC §250.003 requires that before hiring an applicant for employment, an ALF must conduct a criminal history check to determine to whether the applicant has a conviction listed in THSC §250.006 or whether the applicant is designated on the EMR or NAR as unemployable. Both the EMR and the NAR can be accessed on the Texas Department of Aging and Disability Services (DADS) website. A copy of a criminal history report may be obtained from the Department of Public Safety (DPS). In addition to the initial verification of employability, an ALF must perform an annual search of the EMR and NAR and maintain a copy of the results of the initial and annual searches of the registries in the ALF’s records.
If an ALF must make an immediate hiring decision due to an emergency situation, THSC §250.003(b) authorizes an ALF to hire an applicant who is not listed on the EMR or NAR as unemployable pending the results of a criminal history check, however, the ALF must request the criminal history report from DPS within 24 hours after the applicant is hired. The ALF must ensure that the employee has no direct contact with a resident until the ALF receives the results of a criminal history check, and must discharge an employee if the results of a criminal history check reveals a conviction of a crime that bars employment or is a contraindication to employment.
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