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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 3RESPONSIBILITIES OF STATE FACILITIES
SUBCHAPTER BCRIMINAL HISTORY CHECKS AND REGISTRY CLEARANCES
RULE §3.205Unpaid Professional Interns

(a) A facility may not allow an unpaid professional intern to have direct contact with an individual if that intern:

  (1) has been convicted of or received deferred adjudication for any of the criminal offenses listed in HSC §250.006(a);

  (2) has been convicted of or received deferred adjudication for any of the criminal offenses listed in HSC §250.006(b) within five years preceding the date of assignment;

  (3) has been convicted of or received deferred adjudication for a criminal offense that DADS has determined to be a contraindication to assignment pursuant to HSC §533.007;

  (4) is listed as revoked in the Nurse Aide Registry;

  (5) is listed as unemployable in the Employee Misconduct Registry; or

  (6) has a confirmation of abuse or neglect in CANRS.

(b) A facility must have a written agreement with the unpaid professional intern's sponsoring university or college. The written agreement must include:

  (1) a statement that the facility retains responsibility for the care of the individuals; and

  (2) a statement that the sponsoring college or university will conduct and fund a criminal history check and registry clearance of the unpaid professional intern that complies with §3.201 of this subchapter (relating to Pre-employment or Pre-assignment Checks and Clearances).


Source Note: The provisions of this §3.205 adopted to be effective October 6, 2011, 36 TexReg 6511

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