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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 4. EXECUTIVE BRANCH |
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Subtitle B. LAW ENFORCEMENT AND PUBLIC PROTECTION |
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Chapter 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS |
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Subchapter F. CRIMINAL HISTORY RECORD INFORMATION |
Sec. 411.110. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES
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(a) The Department of State Health Services is entitled to obtain from the department criminal history record information maintained by the department that relates to:
(1) a person who is:
(A) an applicant for a license or certificate under the Emergency Medical Services Act (Chapter 773, Health and Safety Code);
(B) an owner or manager of an applicant for an emergency medical services provider license under that Act; or
(C) the holder of a license or certificate under that Act;
(2) an applicant for a license or a license holder under Subchapter N, Chapter 431, Health and Safety Code;
(3) an applicant for a license, the owner or manager of an applicant for a massage establishment license, or a license holder under Chapter 455, Occupations Code;
(4) an applicant for employment at or current employee of:
(A) the Texas Center for Infectious Disease; or
(B) the South Texas Health Care System; or
(5) an applicant for employment at, current employee of, or person who contracts or may contract to provide goods or services with:
(A) the vital statistics unit of the Department of State Health Services; or
(B) the Council on Sex Offender Treatment or other division or component of the Department of State Health Services that monitors sexually violent predators as described by Section 841.003(a), Health and Safety Code.
(b) Criminal history record information obtained by the Department of State Health Services under Subsection (a) may not be released or disclosed to any person except on court order, with the written consent of the person or entity that is the subject of the criminal history record information, or as provided by Subsection (e).
(c) After an entity is licensed or certified, the Department of State Health Services shall destroy the criminal history record information that relates to that entity. The Department of State Health Services shall destroy the criminal history record information that relates to:
(1) an applicant for employment after that applicant is employed or, for an applicant who is not employed, after the check of the criminal history record information on that applicant is completed; or
(2) an employee or contractor after the check of the criminal history record information on that employee or contractor is completed.
(d) The Department of State Health Services shall destroy criminal history record information that relates to an applicant who is not certified or employed, as applicable.
(e) The Department of State Health Services is not prohibited from disclosing criminal history record information obtained under Subsection (a) in a criminal proceeding or in a hearing conducted by the Department of State Health Services.
(f) The Department of State Health Services may not consider offenses for which points are assessed under Section 708.052, Transportation Code, to determine whether to hire or retain an employee or to contract with a person on whom criminal history record information is obtained under this section.