An official State of Texas website.
Revision 21-1; Effective April 26, 2021
To be eligible for the EMR process, the investigation must show that:
- the employee meets the criteria in 5110 EMR-Eligible Employees;
- an EMR-eligible employee has a confirmed finding of abuse, neglect or exploitation; and
- the confirmed finding of abuse, neglect, or exploitation rises to the level of reportable conduct.
A reportable conduct designation establishes that the criteria for EMR eligibility has been met and does not result in any additional allegation or finding.
See related 26 TAC Chapter 711, Subchapter L.
5110 EMR-Eligible Employees
Revision 20-2; Effective August 1, 2020
To be placed on the EMR, the designated perpetrator must:
- meet the definition of an employee as established in the Texas Resources Code Chapter 48; and
- be an employee, contractor, volunteer or agent of an agency, as defined in 26 TAC Section 711.1406.
Most licensed professionals are not eligible for EMR, although they may be subject to other registries. A certified nurse aide is not licensed and therefore is EMR-eligible.
See related 26 TAC Section 711.1402.
5120 Definition of Reportable Conduct
Revision 21-1; Effective April 26, 2021
Reportable conduct is:
- abuse or neglect that causes or may cause death or harm to an individual receiving services;
- sexual abuse of an individual receiving services;
- financial exploitation of an individual receiving services in an amount of $25 or more; or
- emotional, verbal, or psychological abuse that causes harm to an individual receiving services.
See related:
Texas Human Resources Code Section 48.401
26 TAC Section 711.1408
5130 Definition of Harm
Revision 20-2; Effective August 1, 2020
Abuse or Neglect
To determine whether a confirmed finding of abuse or neglect rises to the level of reportable conduct, harm is defined as:
- a significant injury or risk of significant injury, including a fracture, dislocation of any joint, an internal injury, a contusion larger than 2.5 inches, a concussion, a second- or third-degree burn, or any laceration requiring sutures;
- an adverse health effect that results or is at risk of resulting from failure to receive medications in the amounts or at the times prescribed; or
- any other harm or risk of harm that warranted, or would reasonably be expected to have warranted, medical treatment or hospitalization.
Emotional, Verbal, or Psychological Abuse
To determine whether a confirmed finding of emotional, verbal, or psychological abuse rises to the level of reportable conduct, harm is defined as substantial harm as evidenced by observable signs of substantial physical or emotional distress or as diagnosed by an appropriate medical professional.
See related 26 TAC Section 711.1408.