The Health and Human Services Commission may obtain criminal history record information for certain nurse aide, medication aide, and nursing facility administrator applicants, but generally may not disclose it and must destroy it after authorized use.
Sec. 411.1161. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION AND NURSE AIDE CERTIFICATION, MEDICATION AIDE PERMIT, AND NURSING FACILITY ADMINISTRATOR LICENSE. (a) The Health and Human Services Commission is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who is an initial or renewal applicant for: (1) a nurse aide certification with inclusion in the nurse aide registry established under Chapter 250, Health and Safety Code; (2) a medication aide permit issued under Chapter 142, Health and Safety Code; or (3) a nursing facility administrator license issued under Chapter 242, Health and Safety Code. (b) Subject to Section 411.087 and consistent with the public policy of this state, the Health and Human Services Commission is entitled to: (1) obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to a person described by Subsection (a); and (2) obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or that criminal justice agency that relates to a person described by Subsection (a). (c) The Health and Human Services Commission may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b)(1). Criminal history record information obtained by the Health and Human Services Commission under Subsection (b)(2) may not be released or disclosed to any person except: (1) on court order; (2) with the consent of the person who is the subject of the criminal history record information; (3) for purposes of an administrative hearing held by the Health and Human Services Commission concerning the person who is the subject of the criminal history record information; or (4) as provided by Subsection (d). (d) The Health and Human Services Commission is not prohibited from releasing criminal history record information obtained under Subsection (b)(2) to the person who is the subject of the criminal history record information. (e) This section does not prohibit the Health and Human Services Commission from obtaining and using criminal history record information as provided by other law. (f) The Health and Human Services Commission shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose. Added by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 37, eff. June 13, 2023.