ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION

(a) The Health and Human Services Commission is entitled to obtain criminal history record information as provided by Subsection (d) that relates to a person: (1) who is: (A) an applicant for employment at a state hospital established under Chapter 552, Health and Safety Code; (B) an employee of a state hospital established under Chapter 552, Health and Safety Code; (C) a person who contracts or may contract to provide goods or services to the Health and Human Services Commission, as applicable, at a state hospital established under Chapter 552, Health and Safety Code, or an employee of or applicant for employment with that person; (D) a volunteer with a state hospital established under Chapter 552, Health and Safety Code; or (E) an applicant for a volunteer position with a state hospital established under Chapter 552, Health and Safety Code; and (2) who would be placed in direct contact with a patient at a state hospital established under Chapter 552, Health and Safety Code. (b) The Health and Human Services Commission may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (d)(1). Criminal history record information obtained by the Health and Human Services Commission under Subsection (d)(2) may not be released or disclosed to any person except: (1) on court order; (2) with the consent of the person who is the subject of the criminal history record information; (3) for purposes of an administrative hearing held by the Health and Human Services Commission concerning the person who is the subject of the criminal history record information; or (4) as provided by Subsection (c). (c) The Health and Human Services Commission is not prohibited from releasing criminal history record information obtained under Subsection (d)(2) to the person who is the subject of the criminal history record information. (d) Subject to Section 411.087 and consistent with the public policy of this state, the Health and Human Services Commission is entitled to: (1) obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to a person described by Subsection (a); and (2) obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or that criminal justice agency that relates to a person described by Subsection (a). (e) This section does not prohibit the Health and Human Services Commission from obtaining and using criminal history record information as provided by other law. (f) The Health and Human Services Commission shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.