Texas House Bill HB3873

Texas 2017 - 85th Regular

Caption

Relating to the removal of certain persons from the employee misconduct registry.

Impact

This legislation aims to alleviate the difficulties faced by individuals wrongfully included in the employee misconduct registry by allowing for their removal if they no longer pose a risk of engaging in reportable conduct. The amendment to Section 253.010 introduces guidelines for assessing an individual's qualifications for removal, largely focusing on the duration of registry inclusion and the individual's conduct since their listing. This adjustment is expected to improve the handling of the registry and enhance its integrity while providing relief for individuals who have been wrongly listed.

Summary

House Bill 3873 proposes amendments to the Health and Safety Code related to the employee misconduct registry in Texas. The main objective of this bill is to establish a standardized procedure for the removal of certain individuals from this registry, allowing for a more streamlined process that ensures fairness and efficiency. It outlines specific criteria under which a person can be removed from the registry following a written request and a thorough assessment by the Health and Human Services Commission.

Contention

Notably, there could be discussions surrounding the criteria used to determine whether an individual poses a risk to public safety upon removal from the registry. Critics may argue that the timeline of six months and the subjective assessment of 'risk of committing reportable conduct' could potentially allow for inconsistencies or wrongful removals, thereby compromising the effectiveness of the registry. The bill may face scrutiny regarding how these evaluations are conducted and whether they strike an appropriate balance between protecting vulnerable populations and ensuring justice for individuals seeking to clear their names.