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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 93EMPLOYEE MISCONDUCT REGISTRY (EMR)
RULE §93.8Entering Information in the EMR

(a) DADS enters the information described in subsection (c) of this section in the EMR:

  (1) when DADS investigates and all due process procedures are completed for a substantiated finding of reportable conduct;

  (2) as required by THSC, §253.0075, when DADS receives notice of a substantiated finding of reportable conduct from the Department of Family and Protective Services (DFPS);

  (3) as a finding of reportable conduct when DADS finds that a nurse aide working in a nursing facility has committed abuse, neglect, or misappropriation (as those terms are defined in §94.2 of this title (relating to Definitions)) and DADS lists the nurse aide's certification as revoked on the NAR; or

  (4) if a federal or another state governmental entity finds that an employee has committed an act that constitutes reportable conduct.

(b) DADS does not offer an IR as described in §93.6 of this chapter (relating to DADS Investigates: Informal Review) or an administrative hearing as described in §93.7 of this chapter (relating to DADS Investigates: Notice of Opportunity for Administrative Hearing) to an employee regarding a finding of reportable conduct described in subsection (a)(2), (3), or (4) of this section before entering information related to the finding in the EMR.

  (1) For a finding under subsection (a)(3) of this section DADS provides due process before listing a nurse aide's certification as revoked in the NAR.

  (2) For a finding under subsection (a)(2) or (4) of this section DFPS, a federal agency, or an agency of another state provides the due process required by its laws, rules or regulations before sending a finding to DADS.

(c) The following information is entered in the EMR in accordance with THSC, §253.007 (relating to Employee Misconduct Registry):

  (1) the employee's name;

  (2) the employee's address;

  (3) the employee's social security number;

  (4) the name of the facility or agency, or a notation that the employee was an employee of an individual employer;

  (5) the address of the facility or agency, or the city and state of the individual employer;

  (6) the date the reportable conduct was committed; and

  (7) a description of the reportable conduct committed.


Source Note: The provisions of this §93.8 adopted to be effective September 1, 2008, 33 TexReg 7308; amended to be effective September 1, 2010, 35 TexReg 6832; amended to be effective October 19, 2014, 39 TexReg 8268

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