In accordance with Chapter 253 of the Health and Safety Code the purpose of the Employee Misconduct Registry is to ensure that unlicensed personnel who commit acts of abuse, neglect, exploitation, misappropriation, or misconduct against residents and consumers are denied employment in HHSC-regulated facilities and agencies.
HHSC-regulated facilities and agencies are required to check the Employee Misconduct Registry and Nurse Aide Registry before hiring an individual and on an annual basis to determine if the person is listed in either registry as having committed an act of abuse, neglect, exploitation, misappropriation, or misconduct against a resident or consumer and is, therefore, unemployable. Currently, there is one method available to perform these required searches:
- Use the HHSC Employability Status Search at https://emr.dads.state.tx.us/DadsEMRWeb/,
With the implementation of FBI-based fingerprinting in 2021, Long-term Care Regulation (LTCR) also implemented Occupations Code (OC), Chapter 53, related to the consequences of a criminal conviction, specifically the 2019 legislative update to OC §53.023 concerning additional factors for licensing authorities to consider after determining a conviction directly relates to the occupation. With this implementation, it is possible for an individual to receive a license, permit, or certification even if the individual is not employable in one or more types of long-term care settings under Health and Safety Code §250.006. Beginning December 1, 2021, long-term care facilities and agencies must check not only an applicant's or employee's criminal history and Employability Status Check Search but also the Excel document linked below to determine if an individual is licensed/permitted/certified but is unemployable in one or more long-term care settings licensed by LTCR.
- Active but Unemployable Excel File – This file contains the names of nursing facility administrators, nurse aides, and medication aides that have active licenses/permits/certifications but are unemployable according HSC 250.006 in one or more long-term care settings.