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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 41CONSUMER DIRECTED SERVICES OPTION
SUBCHAPTER CENROLLMENT AND RESPONSIBILITIES OF CONSUMER DIRECTED SERVICES AGENCIES
RULE §41.325Required Registry Checks

(a) At the request of an employer or DR, a CDSA must:

  (1) check DADS' Nurse Aid Registry and Employee Misconduct Registry by calling 1-800-452-3934;

  (2) document and maintain the results of each registry check on Form 1725, Criminal Conviction History and Registry Check; and

  (3) provide a copy of completed Form 1725 to the employer.

(b) The CDSA must obtain a copy of Form 1725 documenting the results of the registry checks if the employer or DR directly conducts a check of the registries.

(c) The CDSA must not approve a DR appointed by the employer or an applicant for employment or for a contract upon verification that:

  (1) the person is listed as revoked in the Nurse Aide Registry; or

  (2) the person is listed as unemployable in the Employee Misconduct Registry.

(d) Registry check results must be obtained within 30 calendar days before the first date of service delivery through the CDS option.

(e) The CDSA must notify the employer or DR in writing to immediately terminate a service provider if the person is:

  (1) listed as revoked in the Nurse Aide Registry; or

  (2) listed as unemployable in the Employee Misconduct Registry.


Source Note: The provisions of this §41.325 adopted to be effective January 1, 2007, 31 TexReg 10352

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