HBA-JRA S.B. 968 76(R)BILL ANALYSIS Office of House Bill AnalysisS.B. 968 By: Lindsay Public Health 4/6/1999 Engrossed BACKGROUND AND PURPOSE Currently, federal Drug Enforcement Administration regulations prohibit a person convicted of a controlled substance violation from working in an area where with access to controlled substances. S.B. 968 authorizes public hospitals and hospital districts to access criminal history record information for applicants for employment or volunteer positions, current employees or volunteers, or applicants for employment with or employees of a person or business that contracts with a public hospital or hospital district. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 411F, Government Code, by adding Section 411.136, as follows: Sec. 411.136. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: PUBLIC HOSPITALS AND HOSPITAL DISTRICTS. (a) Defines "public hospital." (b) Entitles a public hospital or hospital district to criminal history record information from the Department of Public Safety (DPS) relating to an applicant for employment or a volunteer position, a current employee or volunteer, or an applicant for employment with or an employee of a person or business that contracts with a public hospital or hospital district. (c) Requires the hospital or hospital district to adopt a uniform method to obtain criminal history record information from such persons. Authorizes the public hospital or hospital district to require the complete name, driver's license number, fingerprints, or social security number of such persons. (d) Authorizes the public hospital or hospital district to dismiss a person, deny a person employment or a volunteer position, or refuse to allow a person to work in a public hospital or hospital facility if the person fails or refuses to provide the required information or the person's criminal history record information reveals a conviction or deferred adjudication that renders the person unqualified or unsuitable for the position sought. (e) Provides that all criminal history record information received by a public hospital or hospital district under this section is privileged, confidential, and intended for the exclusive use of the entity that obtained the information. Prohibits the public hospital or hospital district from releasing or disclosing criminal history record information to any person or agency except in a criminal proceeding, in a hearing conducted by the public hospital or hospital district, to another governmental entity as required by law, or as required by court order. (f) Requires the public hospital or hospital district to develop procedures for the custody and use of information obtained under this section. Requires the public hospital or public hospital administrator or a designee to destroy the information in accordance with the public hospital's or hospital district's document destruction procedures after use of the information. (g) Provides that a public hospital, hospital district, member of the governing board of the public hospital or hospital district, or an employee of a public hospital or hospital district is not civilly liable for failure to comply with this chapter if the public hospital or hospital district makes a good-faith effort to comply. SECTION 2.Effective date: September 1, 1999. SECTION 3.Emergency clause.