| (a) Before a facility, agency, or individual employer
hires an employee, the facility, agency, individual employer, or a
financial management services agency (FMSA), on behalf of the individual
employer, must search the Employee Misconduct Registry (EMR) and Nurse
Aide Registry (NAR) to determine if the person applying for employment
is listed as unemployable on either registry.
(b) A facility, agency, or individual employer must
not hire or continue to employ a person listed in the EMR or NAR as
unemployable.
(c) A facility, agency, or individual employer must,
within five working days after hiring an employee, provide written
information to the employee explaining:
(1) that a person listed in the EMR is not employable
by a facility, agency, or individual employer; and
(2) that the EMR is governed by this chapter and Texas
Health and Safety Code Chapter 253.
(d) A facility, agency, individual employer, or FMSA,
on behalf of an individual employer, must search the EMR and NAR annually
to determine if an employee is listed on either registry as unemployable.
(e) A facility, or agency, individual employer, or
FMSA, on behalf of an individual employer, must maintain a copy of
the results of the searches required by subsections (a) and (d) of
this section in the books and records maintained by the entity that
conducted the search.
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