Bill Text: TX HB3400 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to required criminal history checks for nurse aides; authorizing a fee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-18 - Referred to Human Services [HB3400 Detail]

Download: Texas-2019-HB3400-Introduced.html

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86R6616 SCL-D
By: Zedler H.B. No. 3400

A BILL TO BE ENTITLED
AN ACT
relating to required criminal history checks for nurse aides;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
amended by adding Chapter 250A to read as follows:
CHAPTER 250A. EMPLOYMENT OF OR CONTRACTS WITH NURSE AIDES
Sec. 250A.0001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Executive commissioner" means the executive
commissioner of the commission.
(3) "Nurse aide" means an individual who provides
nursing or nursing-related services under the delegated authority
of a nurse. The term includes an individual who is required to be
listed in the nurse aide registry under Chapter 250, Health and
Safety Code. The term does not include an individual licensed under
Chapter 301, Occupations Code.
Sec. 250A.0002. COMMISSION VERIFICATION OF EMPLOYABILITY
REQUIRED; FEE. (a) A health care facility or practitioner may not
employ a nurse aide or contract for nurse aide services with a nurse
aide unless the facility or practitioner obtains the commission's
verification of employability for the nurse aide's employment or
contract. The executive commissioner by rule shall establish
standards for verification of employability as necessary to protect
the public health and safety.
(b) A health care facility or practitioner shall request, in
the form and manner prescribed by commission rule, the commission
to verify the employability of a nurse aide who is applying for
employment or requesting a contract with the facility or
practitioner. The commission may not verify the employability of a
nurse aide unless the commission obtains the criminal history
record information for the nurse aide and determines that nothing
in the information would disqualify the individual from employment
as a nurse aide. In determining whether to verify the employability
of a nurse aide, the commission shall consider:
(1) the information provided to the commission by the
facility or practitioner;
(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, including any
information included in a registry maintained by the commission.
(c) The commission may require a health care facility or
practitioner requesting the commission to verify employability
under Subsection (b) to pay to the commission a fee set by
commission rule in an amount not to exceed the administrative costs
the commission incurs in complying with a request under Subsection
(b).
Sec. 250A.0003. ENFORCEMENT. A health care facility or
practitioner who violates this chapter is subject to review and
disciplinary action by the appropriate licensing authority of the
facility or practitioner under other regulatory law.
SECTION 2. 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; [or]
(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 a verification
of employability request submitted under Section 250A.0002, Health
and Safety Code.
SECTION 3. (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
Chapter 250A, Health and Safety Code, as added by this Act.
(b) Notwithstanding Chapter 250A, Health and Safety Code,
as added by this Act, a health care facility or practitioner is not
required to comply with that chapter or rules adopted under that
chapter until January 1, 2020.
SECTION 4. Section 250A.0002, Health and Safety Code, as
added by this Act, applies only to the employment of a nurse aide or
a contract entered into for a nurse aide on or after the effective
date of this Act.
SECTION 5. This Act takes effect September 1, 2019.