Pascal Bergeron
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(a) A facility must comply with the provisions of Chapter 250 of the Health and Safety Code
(relating to Criminal History Checks of Employees and Applicants for Employment in Certain
Facilities Serving the Elderly or Persons with Disabilities).
(b) Before a facility hires an employee, the facility must search the employee misconduct
registry (EMR) established under §253.007, Health and Safety Code, and DADS nurse aide
registry (NAR) to determine if the individual is designated in either registry as unemployable.
Both registries can be accessed on the DADS Internet website.
(c) A facility is prohibited from hiring or continuing to employ a person who is listed in the EMR
or NAR as unemployable.
(d) A facility must provide notification about the EMR to an employee in accordance with §93.3
of this title (relating to Employment and Registry Information).
(e) In addition to the initial search of the NAR and the EMR, a facility must conduct a search of
the NAR and the EMR to determine if the employee is designated in either registry as
unemployable as follows:
(1) for an employee most recently hired before September 1, 2009, by August 31, 2011 and at
least every twelve months thereafter;
(2) for an employee most recently hired on or after September 1, 2009, at least every twelve
months; and
(3) keep a copy of the results of the initial and annual searches of the NAR and EMR in the
employee’s personnel file.

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