1. (a) A facility may not allow an unpaid professional intern to have direct contact with an individual if that intern:

   1. (1) has been convicted of or received deferred adjudication for any of the criminal offenses listed in HSC §250.006(a);
   2. (2) has been convicted of or received deferred adjudication for any of the criminal offenses listed in HSC §250.006(b) within five years preceding the date of assignment;
   3. (3) has been convicted of or received deferred adjudication for a criminal offense that DADS has determined to be a contraindication to assignment pursuant to HSC §533.007;
   4. (4) is listed as revoked in the Nurse Aide Registry;
   5. (5) is listed as unemployable in the Employee Misconduct Registry; or
   6. (6) has a confirmation of abuse or neglect in CANRS.

2. (b) A facility must have a written agreement with the unpaid professional intern's sponsoring university or college. The written agreement must include:

   1. (1) a statement that the facility retains responsibility for the care of the individuals; and
   2. (2) a statement that the sponsoring college or university will conduct and fund a criminal history check and registry clearance of the unpaid professional intern that complies with §3.201 of this subchapter (relating to Pre-employment or Pre-assignment Checks and Clearances).

Source Note:The provisions of this §926.63 adopted to be effective October 6, 2011, 36 TexReg 6511; transferred effective July 31, 2024, as published in the July 5, 2024, issue of the Texas Register, 49 TexReg 4925.