| (a) For purposes of this section, "reportable conduct"
includes:
(1) abuse or neglect that causes or may cause death
or harm to a client;
(2) sexual abuse of a client;
(3) financial exploitation of a client in the amount
of $25 or more; or
(4) emotional, verbal, or psychological abuse that
causes harm to a client.
(b) A facility must:
(1) comply with the requirements for advance directives
as outlined under §559.53 of this subchapter (relating to Maintenance
of Policies and Procedures);
(2) comply with the provisions of Texas Health and
Safety Code, Chapter 250 (relating to Nurse Aide Registry and Criminal
History Checks of Employees and Applicants for Employment in Certain
Facilities Serving the Elderly, Persons with Disabilities, or Persons
with Terminal Illness);
(3) before offering employment to any individual, search
on the HHSC internet website, employee misconduct registry (EMR) established
under Texas Health and Safety Code §253.007, and HHSC nurse aide
registry (NAR) to determine if an individual is designated in either
registry as unemployable;
(A) not employ a person who is listed as unemployable
in either registry;
(B) provide information about the EMR to an employee
in accordance with §561.3 of this title (relating to Employment
and Registry Information);
(C) conduct a search of the EMR and NAR at least once
every 12 months to determine if the employee is designated in either
registry as unemployable;
(D) keep a copy of the results of the initial and annual
searches of the NAR and EMR in the employee's personnel file; and
(E) suspend the employment of an employee who HHSC
finds has engaged in reportable conduct, as defined in subsection
(a) of this section, while the employee exhausts any applicable appeals
process, including informal and formal appeals and any hearing or
judicial review, pending a final decision by an administrative law
judge, and not reinstate the employee's employment or contract during
any applicable appeals process;
(4) develop policies to comply with standards for universal
precautions for HIV/AIDS and related conditions in the workplace;
(5) develop written policies for control of communicable
diseases in employees and clients, which include tuberculosis screening
and provision of a safe and sanitary environment for clients and their
families;
(6) comply with all relevant federal and state standards;
and
(7) comply with all applicable provisions of Texas
Human Resource Code, Chapter 102.
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