By execution of this document, I acknowledge that I have been informed by the Agency and agree that the Agency may conduct a State of Texas criminal history check per TXH&SC 250.006. I agree to a search of the Nurse Aide Registry and the Employee Misconduct Registry prior to employment and at least every 12 months if hired. As required, I agree to a search of the Texas Health and Human Services Commission’s OIG List of Excluded Individual/Entities and the HHS - OIG Excluded Individuals/Entities Search Database prior to being hired and monthly thereafter. I understand that these checks will determine if I have a criminal conviction or have committed certain conduct that will bar me from employment with this Agency. I understand that I am unemployable if listed as unemployable in the NAR or EMR per TAC §93.3 and TxH&SC Chapter 253.
CRIMINAL HISTORY CHECK
I have informed this agency of all names (i.e., maiden, aliases) that I have used in the past. I understand that my employment is pending the results of the criminal history check and that I may not have face-to-face patient/client contact until results are returned. I will be notified of results.
CONVICTIONS BARRING EMPLOYMENT.
(A) A person for whom the facility is entitled to obtain criminal history record information may not be employed in a facility if the person has been convicted of an offense listed in this subsection:
· An offense under Chapter 19, Penal Code (criminal homicide);
· An offense under Chapter 20, Penal Code (kidnaping, unlawful restraint, and
smuggling of persons);
· An offense under Section 21.02, Penal Code (continuous sexual abuse of a
young child or children) or Section 21.11, Penal Code (indecency with achild);
· An offense under Section 22.011, Penal Code (sexual assault);
· An offense under Section 22.02, Penal Code (aggravated assault);
· An offense under Section 22.04, Penal Code (injury to a child, elderly individual,
or disabled individual);
· An offense under Section 22.041, Penal Code (abandoning or endangering a child);
· An offense under Section 22.08, Penal Code (aiding suicide);
· An offense under Section 25.031, Penal Code (agreement to abduct from custody);
· An offense under Section 25.08,
· An offense under Section 28.02,
· An offense under Section 29.02,
· An offense under Section 29.03,
· An offense under Section 21.08,
· An offense under Section 21.12,
between educator and student);
· An offense under Section 21.15,
recording);
· An offense under Section 22.05,
· An offense under Section 22.021, Penal Code (aggravated sexual assault);
· An offense under Section 22.07, Penal Code (terroristic threat);
· An offense under Section 32.53 Penal Code (exploitation of a child, elderly
individual, or disabled individual);
· An offense under Section 33.021, Penal Code (online solicitation of a minor);
· An offense under Section 34.02, Penal Code (money laundering); Penal Code (sale or purchase of a child); Penal Code (arson); Penal Code (robbery); Penal Code (aggravated robbery); Penal Code (indecent exposure); Penal Code (improper relationship); Penal Code (improper photography or visual); Penal Code (deadly conduct);
· An offense under Section 35A.02, Penal Code (Medicaid fraud);
· An offense under Section 36.06, Penal Code (obstruction or retaliation);
· An offense under Section 42.09, Penal Code (cruelty to livestock animals), or under Section 42.092, Penal Code (cruelty to nonlivestock animals); or
· A conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed by this subsection.
· An offense the Agency determines to be contraindicated to employment with the consumers the Agency serves.
(B) A person may not be employed in a position the duties of which involve direct contact with a patient/client in a facility or may not be employed by an individual employer before the fifth anniversary of the date the person is convicted of:
· An offense under Section 22.01, Penal Code (assault), that is punishable as a ClassA misdemeanor or as a felony);
· An offense under Section 30.02, Penal Code (burglary);
· An offense under Chapter 31, Penal Code (theft) that is punishable as a felony);
· An offense under Section 32.45, Penal Code (misapplication of fiduciary property or property of a financial institution), that is punishable as a Class A misdemeanor or a felony; or
· An offense under Section 32.46, Penal Code (securing execution of a document by deception) that is punishable as a Class A misdemeanor or a felony. An offense under Section 37.12, Penal Code (false identification as a peace officer; misrepresentation of property); or
· An offense under Section 42.01 (a) (7), (8), or (9), Penal Code (disorderly conduct).
(C) In addition to the prohibitions on employment prescribed by Subsections (A) and (B), a person for whom a facility licensed under Chapter 242 or 247 is entitled to obtain criminal history record information may not be employed in a facility licensed under Chapter 242 or 247 if the person has been convicted:
· Of an offense under Section 30.02, Penal Code (burglary); or
· Under the laws of another state, federal law, or the Uniform Code of Military
(D) Justice for an offense containing elements that are substantially similar to the elements of an offense under Section 30.02, Penal Code. For purposes of this section, a person who is placed on deferred adjudication community supervision for an offense listed in this section, successfully completes the period of deferred adjudication community supervision, and receives a dismissal and discharge in accordance with, Article 42A.111 Code of Criminal Procedure, is not considered convicted of the offense for which the person received deferred adjudication community supervision.