Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 93.
EMPLOYEE MISCONDUCT REGISTRY
The Texas Department of Human Services (DHS) adopts the repeal of §§93.1
- 93.6, and adopts new §§93.1 - 93.4, 93.11 - 93.13, 93.21 - 93.23,
93.31 - 93.34, 93.41 - 93.48, and 93.61 - 93.63, without changes to the proposal
published in the January 9, 2004, issue of the
Texas
Register
(29 TexReg 338).
DHS undertook the repeals and new sections as part of its agency-wide initiative
to reorganize and rewrite its rules in plain English to make them easier for
the public, facilities, and agencies to navigate and understand. DHS is also
adopting the new sections to implement the Health and Safety Code, §253.008
and §253.009(a), which require that persons exempt from licensing under
the Health and Safety Code, §142.003(a)(19), must search the Employee
Misconduct Registry (EMR) before hiring an employee, notify their employees
about the EMR as required, and may not employ a person who is listed in the
EMR.
DHS received no comments regarding adoption of the repeals and new sections.
40 TAC §§93.1 - 93.6
The repeals are adopted under the Health and Safety Code,
Chapter 253, which authorizes DHS to administer the employee misconduct registry.
The repeals implement the Health and Safety Code, §§253.001 -
253.010.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 19, 2004.
TRD-200402051
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 2004
Proposal publication date: January 9, 2004
For further information, please call: (512) 438-3734
Subchapter A. INTRODUCTION
40 TAC §§93.1 - 93.4
The new sections are adopted under the Health and Safety Code,
Chapter 253, which authorizes DHS to administer the employee misconduct registry.
The new sections implement the Health and Safety Code, §§253.001
- 253.010.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 19, 2004.
TRD-200402052
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 2004
Proposal publication date: January 9, 2004
For further information, please call: (512) 438-3734
40 TAC §§93.11 - 93.13
The new sections are adopted under the Health and Safety Code,
Chapter 253, which authorizes DHS to administer the employee misconduct registry.
The new sections implement the Health and Safety Code, §§253.001
- 253.010.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 19, 2004.
TRD-200402053
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 2004
Proposal publication date: January 9, 2004
For further information, please call: (512) 438-3734
40 TAC §§93.21 - 93.23
The new sections are adopted under the Health and Safety Code,
Chapter 253, which authorizes DHS to administer the employee misconduct registry.
The new sections implement the Health and Safety Code, §§253.001
- 253.010.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 19, 2004.
TRD-200402054
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 2004
Proposal publication date: January 9, 2004
For further information, please call: (512) 438-3734
40 TAC §§93.31 - 93.34
The new sections are adopted under the Health and Safety Code,
Chapter 253, which authorizes DHS to administer the employee misconduct registry.
The new sections implement the Health and Safety Code, §§253.001
- 253.010.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 19, 2004.
TRD-200402055
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 2004
Proposal publication date: January 9, 2004
For further information, please call: (512) 438-3734
Chapter 93.
EMPLOYEE MISCONDUCT REGISTRY (EMR)
Subchapter B. EMR USE REQUIREMENTS
Subchapter C. PROCESS FOR FACILITY REFERRALS
Subchapter D. PROCESS FOR AGENCY REFERRALS
Subchapter E. DETERMINATION OF REPORTABLE CONDUCT, INFORMAL REVIEW, AND FORMAL HEARING FOR FACILITY REFERRALS