Relating to the access to and use of certain criminal history record information, to the procedure for obtaining that information, and to the correct terminology for certain licenses the issuance of which requires a criminal history background check.

Contracts

• Employment Agreements: Update offer letters for "managing employees" and officers to include a clause making employment contingent upon clearing expanded DPS/FBI background checks.
• Vendor/MSA Agreements: If you utilize a Management Services Organization (MSO) or third-party staffing, amend the Master Services Agreement to require the vendor to provide background check data for their staff who exercise operational control, as they now meet the statutory definition of "managing employee."

Hiring/Training

• Pharmacy Audit: HR must audit all pharmacists and technicians. Any employee licensed prior to mandatory fingerprinting rules who has not voluntarily submitted prints must do so before their next renewal.
• Guardianship Staffing: Certified guardians must maintain a real-time roster of all staff with "care and custody" of wards to meet the 30-day court notification window.

Reporting & Record-Keeping

• Medicaid Ownership Disclosure: You must maintain a schedule of all individuals holding a 5% direct *or indirect* ownership interest. This data must be prepared for submission to the OIG or HHSC upon enrollment or re-enrollment.
• Digital Photography: Prepare for new requirements to upload recent digital photographs alongside fingerprint submissions via DPS-approved vendors.

Fees & Costs

• Pass-Through Costs: Applicants and licensees will bear the direct costs of fingerprinting and background checks.
• Administrative Burden: Budget for increased administrative hours required to map ownership structures and coordinate fingerprinting for officers and directors who previously were not scrutinized.