Texas House Bill HB3170

Texas 2019 - 86th Regular

Caption

Relating to the establishment of an interim registry for certain persons who have been accused of employee misconduct who are employed by a facility that provides care to individuals with an intellectual disability.

Impact

The impact of HB 3170 is primarily seen in how it modifies existing laws governing health and safety codes pertinent to care facilities. By creating a mandatory interim registry, it aims to prevent individuals with serious allegations of misconduct from continuing to work with vulnerable populations if they have requested a hearing. This could greatly affect recruitment and monitoring practices within facilities as they must now consider an employee's standing in this registry before making employment decisions.

Summary

House Bill 3170 establishes an interim registry for employees accused of misconduct while working in facilities that provide care to individuals with intellectual disabilities. This bill aims to enhance the safety and oversight of care provided to vulnerable populations by maintaining a formal record of employees who have been involved in 'reportable conduct'. The bill stipulates that such employees will be recorded in this interim registry if they request a hearing following the determination of their conduct. The registry and its records are intended to ensure transparency and accountability within care facilities, potentially affecting staffing and operational decisions related to employees in these roles.

Contention

While the bill largely aims to enhance regulatory oversight, there may be notable concerns regarding the confidentiality of the information contained within the interim registry, as well as the potential for stigma against employees listed in the registry. Proponents of the bill argue that it is crucial for protecting individuals with intellectual disabilities, whereas critics may raise issues about fairness and the presumption of innocence for employees accused but not yet found guilty of misconduct. Furthermore, the degree of discretion afforded to care facility providers in addressing misconduct cases could vary, leading to inconsistent application of standards.