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RULE §705.1509What notice does DFPS provide to an employee before the employee's name is submitted to the Employee Misconduct Registry?

When DFPS determines that an employee committed reportable conduct, DFPS provides a written notice (Notice of Finding) to the employee. The Notice of Finding includes:

  (1) a brief summary of the incident that resulted in a validated finding of abuse, neglect, or financial exploitation and a brief explanation of why the finding meets the definition of reportable conduct;

  (2) a statement of the employee's right to dispute the finding by filing a request for hearing (Request for EMR Hearing) and the instructions for doing so;

  (3) a statement that DFPS will submit the employee's name for inclusion in the Employee Misconduct Registry if the employee accepts the finding of reportable conduct;

  (4) an explanation of how the employee may obtain a copy of the investigation records;

  (5) a statement that a person whose name is recorded in the Employee Misconduct Registry is prohibited by law from working for certain facilities or agencies, as provided under Texas Health and Safety Code, Chapters 250 and 253;

  (6) a statement that DFPS may determine that the situation is an emergency and that the case information or finding may be released immediately to the agency where the employee is or was employed so that the agency may take any precautions it determines necessary to protect clients;

  (7) a statement that DFPS reserves the right to make an emergency release of the findings to any subsequent employer of the employee if the employee has access to similar clients;

  (8) a statement that the employee is responsible for keeping DFPS timely informed of the employee's current employment and residential contact information, including addresses and phone numbers, pending the outcome of any appeal filed by the employee; and

  (9) a statement that if the employee fails, without good cause, to file a timely Request for EMR Hearing, the employee will be deemed to have waived the employee's rights to dispute the finding and the employee's name will be submitted to the Employee Misconduct Registry.

Source Note: The provisions of this §705.1509 adopted to be effective February 1, 2021, 46 TexReg 317

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