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.