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26 TAC 558.246 — Personnel Records
TexasregulationTexas Health and Human Services Commission· effective 2021-04-25
What this rule requires your agency to do
- 1Each personnel record must include a signed job description/qualifications (or signed statement the person read them), an employment application or volunteer agreement, agency-conducted verification of license/permits/references/job experience/educational requirements, performance evaluations and disciplinary actions, and the §558.245(b)(10) signed compliance statement if applicable (subsec. (a)(1)-(5)).(26 TAC 558.246 — Personnel Records)
- 2Provide personnel records not stored at the survey site to an HHSC surveyor upon request per §558.507(c) (subsec. (b)).(26 TAC 558.246 — Personnel Records)
- 3Maintain a current personnel record (paper or equivalent electronic) for each employee and volunteer (subsec. (a)).(26 TAC 558.246 — Personnel Records)
- 4For each unlicensed employee and unlicensed volunteer whose duties include or would include face-to-face client contact, keep a printed copy of the initial and annual Nurse Aide Registry (NAR) and Employee Misconduct Registry (EMR) search results from the HHSC website (subsec. (a)(6)(A)).(26 TAC 558.246 — Personnel Records)
- 5For each such unlicensed employee/volunteer, keep documentation that the person received written information about the EMR per §558.247(a)(4) or (b)(4) (subsec. (a)(6)(B)).(26 TAC 558.246 — Personnel Records)
Applies to: personal care
Requires a HCSSA to maintain a current personnel record for each employee and volunteer with defined contents, including verification of credentials/references and, for unlicensed staff with client contact, printed initial and annual Nurse Aide Registry and Employee Misconduct Registry search results plus proof the person received written EMR information. Records must be produced to surveyors on request. Framework topic: Personnel Records & Background Screening.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.