Fingerprinting & Eligibility
for Aides

 

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Fingerprinting & Eligibility

for Aides

 

System Requirements

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Before beginning this course, ensure that your computer meets the following system requirements.

 

At the end of this course, you will need to verify that you've fulfilled the course requirements and obtain a learning certificate.

 

To access the course, your internet browser must be set to allow pop-ups.

Browser Requirements: Internet Explorer, Google Chrome, Firefox or Safari

 

Printer: The ability to print hard copies of your learning certificate.

Course Expectations

Welcome to "Fingerprinting & Eligibility for Aides"! We are glad you are here.

Texas Health and Human Services Commission (HHSC) conducts fingerprint-based criminal history checks and requires aides and prospective aides to submit fingerprints.

 

This training is designed to explain how this requirement affects current aides and prospective aides. The training can be completed in approximately 30 minutes.

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Terms & Definitions

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In this course we use the term current to designate an aide who has a current permit or certification for employment.

Current aides will learn how a fingerprint-based criminal history check will affect your renewal.

 


 

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This course is also designed for prospective aides. Prospective aides have participated in a training program, but have not taken the examination to become an aide.

In this course we define prospective aides as applicants. Applicants will learn how a fingerprint-based criminal history check will affect your opportunity to take the examination.

 

Let's get started!

Objectives

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1. Discuss why current aides and applicants must submit fingerprints to DPS.

 

2. Describe the actions HHSC takes when a current aide or applicant is ineligible for renewal or examination.

 

3. Identify how to obtain fingerprinting services.

 

 

Introduction

As an aide, exercising good judgment and ethical behavior is one of your primary duties.

 

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Because you are entrusted with the health, safety and welfare of individuals participating in long-term care, you must have an acceptable legal and professional background.

 

In order to identify current aides or applicants who have committed acts of misconduct against individuals, HHSC requires fingerprint-based criminal history checks.

 

Why Fingerprints?

Select the icon to learn why HHSC uses fingerprints:

  

 

 

HHSC Approval

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Before you can take the exam to become an aide, or renew your permit or certification, you are required to submit fingerprints for a Texas Department of Public Safety and Federal Bureau of Investigations criminal background check.

HHSC must approve your criminal history before you can take your exam or renew. The criminal history check will include nationwide criminal history information.

 

Eligibility

Some criminal convictions can cause you to become ineligible to work as an aide.  

Click the link below to view a table of these convictions:

 

List of Convictions Barring Employment or Disqualifying a person from HHSC Licensure as a Nurse Aide or Medication Aide (PDF)

 

These criminal convictions are outlined in the Texas Health and Safety Code and the Occupations Code.

 

NOTE: If an aide has a new arrest, an update in the disposition of a current arrest, or a new conviction, HHSC will receive the update.

 

Adverse Action

When an aide or applicant has been convicted of a crime that bars employment, HHSC may take adverse action against the aide or applicant.

 

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HHSC may take one of the following adverse actions:

  • Revoke or suspend the aide's permit or certification.
  • Deny the application to renew a permit or certification.
  • Deny the applicant the opportunity to take the exam.

 

Notice of Adverse Action

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Whenever a criminal conviction bars employment as an aide or denies an applicant the opportunity to take the exam, there is a process HHSC uses to respond. 

What's included in the notice?

Select the icon to learn more about the Notice of Adverse Action:

  

NOTE: The aide or applicant has at least 30 days to submit to HHSC any relevant information to be considered by HHSC.

 

Health & Safety Code vs. Occupations Code

It is possible for an aide or applicant to have a criminal conviction that is listed under the Health and Safety Code, but not be listed under the Occupations Code.

List of Convictions Barring Employment or Disqualifying a person from HHSC Licensure as a Nurse Aide or Medication Aide

 

 

Is the aide or applicant still barred or disqualified?

In this situation, HHSC reviews certain factors before determining whether to take adverse action. HHSC will consider the following factors:

 

  • the extent and nature of the person's past criminal activity
  • the age of the person when the crime was committed
  • the amount of time that has elapsed since the person's last criminal activity
  • the conduct and work activity of the person before and after the criminal activity
  • evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release.

 

HHSC will also consider evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision, and other evidence of the person's fitness, including letters of recommendation provided by the person.

 

 

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The aide or applicant must provide HHSC with information relevant to these factors.

HHSC Review & Determination

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Remember - after you receive the HHSC written notice regarding adverse action, you have 30 days to submit any relevant information that you want HHSC to consider.

 

If HHSC takes adverse action after considering the information provided by the aide or applicant, HHSC will provide another written notice.

 

This notice will state:

  • the adverse action being taken
  • the reason for the adverse action
  • the review procedures (according to the Occupations Code §53.052)
  • the procedures for the aide or applicant to appeal.

 

 

Training Programs & Eligibility

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Be aware – As of August 1, 2021, training programs are no longer required to verify if applicants have a criminal conviction that will bar employment as an aide.

 

It is your responsibility to verify if you have a criminal conviction that will bar employment. If you are unsure about your criminal history, it is important to understand how your history may affect your eligibility before you enroll in a training program.

 

Remember, even if you complete a training program, HHSC must approve your criminal history before you are allowed to test for the exam.

 

Criminal History Evaluation Letter

If you are interested in enrolling with a training program and you are unsure whether your criminal background will affect your eligibility, there is help.

 

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Potential trainees and applicants interested in becoming an aide can request HHSC to provide a criminal history evaluation letter regarding their eligibility.

 

To request a criminal history evaluation letter, you must complete a Request for Criminal Background Check Eligibility: Form 5537 and submit fingerprints.

 

HHSC staff will review your criminal history and provide a criminal history evaluation letter within 10 business days after receiving your fingerprint results.

 

This letter verifies if you are eligible to become an aide.

 

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Fingerprinting Services

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The Texas Department of Public Safety (DPS) partners with IdentoGO by IDEMIA to provide electronic fingerprinting services. These services are called FAST - Fingerprint Applicant Services of Texas.

 

IdentoGO centers are operated by IDEMIA and located throughout the state of Texas to provide FAST. You must schedule an appointment with an IdentoGO center for fingerprinting.

 

In order for HHSC to receive your fingerprints from DPS, you must use a service code. To obtain the service code, contact the Criminal Background Check program: LTCR_Criminal_Background_Checks@hhs.texas.gov

HHSC will receive your fingerprints through a secure website within 24 - 48 business hours after you complete the fingerprinting.

 

Aides and applicants are responsible for paying the cost of fingerprinting. If you remain active on the medication aide registry or nurse aide registry, fingerprinting is a one-time requirement and cost.

Find an IdentoGO center near you and schedule an appointment

 

Course Complete

You have successfully completed "Fingerprinting & Eligibility for Aides".

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In this training we reviewed:

 

  • Why current aides and applicants must submit fingerprints to DPS.
  • The actions HHSC takes when a current aides or applicant is ineligible for renewal or examination.
  • How to obtain fingerprinting services.

We hope this information helps you complete your renewal process or apply for the exam.

For questions or more information, please contact:

HHSC Long-term Care Regulation

ltcrpolicy@hhs.texas.gov