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26 TAC §558.247 - Verification of Employability and Use of Unlicensed Persons

Texasprimary-regulationTexas Health and Human Services Commission (HHSC)· effective 2021-04-25

What this rule requires your agency to do

  • 1An agency must conduct a criminal history check before an unlicensed volunteer's first face-to-face contact with a client and must search the NAR and EMR before that first contact, and must not use a volunteer listed as unemployable (§558.247(b)(1), (b)(3)).(26 TAC §558.247 - Verification of Employability and Use of Unlicensed Persons)
  • 2Upon request by HHSC, an agency must provide documentation to demonstrate compliance with the employability-verification requirements (§558.247(c)).(26 TAC §558.247 - Verification of Employability and Use of Unlicensed Persons)
  • 3The agency must immediately discharge an unlicensed employee with client-facing duties upon becoming aware the employee is designated unemployable in the NAR/EMR or has a barring/contraindicated conviction (§558.247(a)(6)).(26 TAC §558.247 - Verification of Employability and Use of Unlicensed Persons)
  • 4In addition to initial verification, the agency must search the NAR and EMR at least every 12 months for each employee hired on or after September 1, 2009 (§558.247(a)(5)(B)).(26 TAC §558.247 - Verification of Employability and Use of Unlicensed Persons)
  • 5An agency must conduct a criminal history check authorized by and compliant with Texas Health and Safety Code Chapter 250 for each unlicensed applicant and unlicensed employee whose duties include face-to-face contact with a client (§558.247(a)(1)).(26 TAC §558.247 - Verification of Employability and Use of Unlicensed Persons)
  • 6Before hiring an unlicensed applicant, or before an unlicensed employee's first face-to-face contact with a client, the agency must search the NAR and EMR via the HHSC website and must not employ anyone listed as unemployable (§558.247(a)(3)).(26 TAC §558.247 - Verification of Employability and Use of Unlicensed Persons)
  • 7The agency must not employ an unlicensed applicant whose criminal history check includes a conviction listed in Health and Safety Code §250.006 that bars employment, or a conviction the agency determines is a contraindication to employment; convictions not listed must have the agency's documented review and determination (§558.247(a)(2)).(26 TAC §558.247 - Verification of Employability and Use of Unlicensed Persons)

Applies to: HCSSAs employing or using unlicensed applicants, employees, and volunteers whose duties include face-to-face contact with a client

Requires HCSSAs to conduct criminal history checks and Nurse Aide Registry (NAR) and Employee Misconduct Registry (EMR) searches for unlicensed applicants, employees, and volunteers with client contact, bars employment of persons with disqualifying convictions or unemployable registry status, and requires re-checks at least every 12 months and immediate discharge upon disqualifying findings.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.