{"ref":"TX-HSP-HR-03","title":"Criminal History Checks and Registry Searches","category":"Human resources","summary":"Sets out who must have a criminal history check and registry searches before working for the Agency, when the searches are repeated, what bars a person, what the Agency must give staff about the Employee Misconduct Registry, how contracted staff are covered, and what happens when a check comes back with a problem.","inShort":["Everyone who sees patients or patient records must pass a criminal history check before starting.","Aides, homemakers and volunteers are also checked on the Nurse Aide Registry and the Employee Misconduct Registry before starting and every year.","You will get written information about the Employee Misconduct Registry. Read it and sign for it.","Tell the Administrator within one working day if you are arrested, charged or convicted.","A person listed as unemployable, or with a barring conviction, cannot work with our patients."],"primaryCitation":"26 TAC §558.855","citations":["26 TAC §558.855","26 TAC §558.247","26 TAC §558.245(b)(5)","26 TAC §558.246(a)(6)","26 TAC §558.289(c)-(e)","26 TAC §561.3","Tex. Health & Safety Code ch. 250","Tex. Health & Safety Code §250.003","Tex. Health & Safety Code §250.006","Tex. Health & Safety Code ch. 253","Tex. Health & Safety Code §253.0025","Tex. Health & Safety Code ch. 810"],"federalCitations":["42 CFR §418.114(d)","42 CFR §424.516(a)(3)"],"surveyorAsks":["Show me the criminal history check for this nurse and this volunteer. Hospice rules require it for everyone with patient contact or access to records.","Show me the Nurse Aide Registry and Employee Misconduct Registry searches for this aide at hire and in the last 12 months."],"forms":[{"ref":"TX-HSP-HR-03-A","title":"Employee Misconduct Registry Information for Staff"},{"ref":"TX-HSP-HR-03-B","title":"Background Check and Registry Search Log"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (26 TAC §558.855)","5. Checks Before Work Starts","5.1 Procedure","5.2 Hiring before the check is back","6. Annual Searches and Ongoing Duties","7. Contracted and Arranged Staff","8. Adverse Results and Reportable Conduct","8.1 SEMARC","9. Responsibilities","10. Records and Compliance Monitoring","11. References","12. Related Policies and Forms","13. Approval","14. Revision History"],"version":"1.0","sample":false,"pack":"tx-hospice","state":"Texas","service":"Hospice","guides":[{"path":"/guides/hospice-policies/","h1":"What policies are required for hospice?"},{"path":"/guides/hospice-conditions-of-participation/","h1":"Hospice Conditions of Participation: which policies each one needs"}],"agency":{"name":"Sample Hospice","legalName":"Sample Hospice, LLC","logo":null}}