(a) An agency must maintain a personnel record for
an employee and volunteer. A personnel record may be maintained electronically
if it meets the same requirements as a paper record. All information
must be kept current. A personnel record must include the following:
(1) a signed job description and qualifications for
each position accepted, or a signed statement that the person read
the job description and qualifications for each position accepted;
(2) an application for employment or volunteer agreement;
(3) verification of license, permits, references, job
experience, and educational requirements, as conducted by the agency
to verify qualifications for each position accepted;
(4) performance evaluations and disciplinary actions;
(5) the signed statement about compliance with agency
policies required by §558.245(b)(10) of this division (relating
to Staffing Policies), if applicable; and
(6) for an unlicensed employee and unlicensed volunteer
whose duties would or do include face-to-face contact with a client:
(A) a printed copy of the results of the initial and
annual searches of the nurse aide registry (NAR) and employee misconduct
registry (EMR) obtained from the HHSC website; and
(B) documentation that the employee, in accordance
with §558.247(a)(4) of this division (relating to Verification
of Employability and Use of Unlicensed Persons), or volunteer, in
accordance with §558.247(b)(4) of this division, received written
information about the EMR.
(b) An agency may keep a complete and accurate personnel
record for an employee and volunteer in any location, as determined
by the agency. An agency must provide personnel records not stored
at the site of a survey upon request by a HHSC surveyor, as specified
in §558.507(c) of this chapter (relating to Agency Cooperation
with a Survey).
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Source Note: The provisions of this §558.246 adopted to be effective February 1, 2002, 26 TexReg 9159; amended to be effective June 1, 2006, 31 TexReg 1455; amended to be effective January 15, 2009, 34 TexReg 254; amended to be effective September 1, 2010, 35 TexReg 7879; transferred effective May 1, 2019, as published in the April 12, 2019, issue of the Texas Register, 44 TexReg 1893; amended to be effective April 25, 2021, 46 TexReg 2427 |