Relating to the licensing of mental hospitals and mental health facilities and the definition of facility for the purposes of the employee misconduct registry.

Contracts

• Staffing Agencies: Update Master Service Agreements (MSAs) immediately. Require agencies to perform EMR checks for all placements and indemnify your facility for penalties arising from the placement of a barred individual.
• Employment Agreements: Revise termination clauses to explicitly state that substantiated findings of abuse, neglect, or exploitation will result in a mandatory report to the state EMR, effectively barring future employment in the sector.

Hiring/Training

• Pre-Employment "Hard Stop": HR must verify the employability of every unlicensed applicant (techs, aides, orderlies) by searching the public EMR database *before* extending an offer.
• Internal Investigations: Train compliance staff on the new mandatory reporting threshold. If an internal investigation substantiates abuse, you no longer have discretion; you must report it to HHSC.

Reporting & Record-Keeping

• Audit Trail: Place a time-stamped screenshot or printout of the "No Record Found" EMR search result in the permanent personnel file of every new hire.
• License Applications: On your next initial or renewal application, you must provide the specific name and physical address of the "person responsible for daily operations" (e.g., Administrator or CEO).

Fees & Costs

• Administrative Burden: Absorb the operational cost of additional background screenings and the legal costs associated with defending potential defamation claims from employees reported to the registry.
• Liability: Failure to check the EMR constitutes negligence per se, likely voiding standard liability defenses in patient injury lawsuits.