Texas Statutes
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
Section 250.001. Definitions

Sec. 250.001. DEFINITIONS. 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).
(1-a) "Consumer" means a resident of or an individual receiving services from a facility covered by this chapter.
(1-b) "Consumer-directed service option" has the meaning assigned by Section 531.051, Government Code.
(2) "Direct contact with a consumer" means any contact with a consumer.
(3) "Facility" means:
(A) a nursing facility, 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) a day activity and health services facility licensed by the Department of Aging and Disability Services under Chapter 103, Human Resources Code;
(E) an ICF-IID 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 authority designated under Section 533.035 or a local intellectual and developmental disability authority designated under Section 533.035;
(I) a person exempt from licensing under Section 142.003(a)(19) or (20);
(J) a special care facility licensed by the Department of State Health Services under Chapter 248;
(K) a mental health service unit of a hospital licensed under Chapter 241; or
(L) a prescribed pediatric extended care center licensed by the Department of Aging and Disability Services under Chapter 248A.
(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 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).
(6) "Commission" means the Health and Human Services Commission.
(7) "Executive commissioner" means the executive commissioner of the commission.
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 (H.B. 3737), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.01, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 19, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 1, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 605 (S.B. 944), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0755, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 4, eff. June 19, 2015.
Acts 2021, 87th Leg., R.S., Ch. 434 (S.B. 1103), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 958 (S.B. 1808), Sec. 2, eff. September 1, 2021.