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 Texas Statutes (Last Updated: January 4, 2014)
 HEALTH AND SAFETY CODE
 Title 4. HEALTH FACILITIES
 Subtitle B. LICENSING OF HEALTH FACILITIES
 Chapter 250. NURSE AIDE REGISTRY AND CRIMINAL HISTORY CHECKS OF EMPLOYEES AND APPLICANTS FOR EMPLOYMENT IN CERTAIN FACILITIES SERVING THE ELDERLY, PERSONS WITH DISABILITIES, OR PERSONS WITH TERMINAL ILLNESSES

Sec. 250.001. DEFINITIONS  

Latest version.

  • In this chapter:

    (1) "Nurse aide registry" means a list maintained by the Department of Aging and Disability Services of nurse aides under the Omnibus Budget Reconciliation Act of 1987 (Pub. L. No. 100-203).

    (2) "Direct contact with a consumer" means any contact with a resident or client in a facility covered by this chapter.

    (3) "Facility" means:

    (A) a nursing home, custodial care home, or other institution licensed by the Department of Aging and Disability Services under Chapter 242;

    (B) an assisted living facility licensed by the Department of Aging and Disability Services under Chapter 247;

    (C) a home and community support services agency licensed under Chapter 142;

    (D) an adult day care facility licensed by the Department of Aging and Disability Services under Chapter 103, Human Resources Code;

    (E) a facility for persons with mental retardation licensed under Chapter 252;

    (F) an adult foster care provider that contracts with the Department of Aging and Disability Services;

    (G) a facility that provides mental health services and that is operated by or contracts with the Department of State Health Services;

    (H) a local mental health or mental retardation authority designated under Section 533.035;

    (I) a person exempt from licensing under Section 142.003(a)(19); or

    (J) a special care facility licensed by the Department of State Health Services under Chapter 248.

    (3-a) "Financial management services agency" means an entity that contracts with the Department of Aging and Disability Services to serve as a fiscal and employer agent for an individual employer in the consumer-directed service option described by Section 531.051, Government Code.

    (3-b) "Individual employer" means an individual or legally authorized representative who participates in the consumer-directed service option described by Section 531.051, Government Code, and is responsible for hiring service providers to deliver program services.

    (4) "Private agency" means a person engaged in the business of obtaining criminal history checks on behalf of a facility.

    (5) "Regulatory agency" means a state agency referred to in Subdivision (3).

Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June 16, 1995; Acts 1999, 76th Leg., ch. 233, Sec. 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1209, Sec. 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 198, Sec. 2.198, eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1189 , Sec. 2, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 879 , Sec. 3.01, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 980 , Sec. 19, eff. September 1, 2011.