State Legislature Post: LA Rev Stat § 40:1203.2 (2018)
§1203.2. Employment of nonlicensed persons and licensed ambulance
personnel; mandatory criminal history and security checks; temporary
employment; notice to applicants
A.(1) Except as
otherwise provided in Subsection C of this Section, prior to any
employer making an offer to employ or to contract with a nonlicensed
person or any licensed ambulance personnel to provide nursing care,
health-related services, medic services, or supportive assistance to any
individual, the employer shall request that a criminal history and
security check be conducted on the nonlicensed person or any licensed
ambulance personnel pursuant to the provisions of this Section. If the
employer is a facility, home, or institution which is part of a larger
complex of buildings, the requirement of a criminal history and security
check shall apply only to an offer of employment or contract made to a
nonlicensed person or any licensed ambulance personnel who will work
primarily in the immediate boundaries of the facility, home, or
(2) Except as otherwise specified in
Paragraph (D)(1) of this Section, an employer may obtain the criminal
history record maintained by the office of state police of a nonlicensed
person or any licensed ambulance personnel offering to provide nursing
care, health-related services, or supportive services to any individual.
B.(1) The employer shall request in writing that the office or authorized agency conduct a criminal history and security check on the non-licensed person or any licensed ambulance personnel and shall provide the office or authorized agency with any relevant information required by the office or authorized agency to conduct the check. The employer may request that the criminal history and security check be performed using the fingerprints of the non-licensed person or any licensed ambulance personnel.
(2) An employer or authorized agency shall
pay a fee of twenty-six dollars to the office for a search of the
office’s criminal history files on an applicant for employment.
The security check shall consist of the use of personal identifiers,
such as name, social security number, date of birth, and driver’s
license number, to search the national sex offender public registry. An
authorized agency shall notify the office if a security check reveals
that an applicant is listed in the national sex offender public
C.(1) An employer may make an offer of temporary employment to a non-licensed person or any licensed ambulance personnel pending the results of the criminal history and security check on the person. In such instances, the employer shall provide to the office or authorized agency the name and relevant information relating to the person within seventy-two hours after the date the person accepts temporary employment.
(2)(a) Notwithstanding the
provisions of Paragraph (1) of this Subsection, any nurse’s aide offered
temporary employment prior to the receipt of the results of the
required criminal history and security check shall be under the direct
supervision of a permanent employee or shall be in the presence of a
member of the immediate family of the patient or of a care giver
designated by the immediate family of the patient.
As used in this Paragraph, “member of the immediate family” means a
child, parent, grandparent, sibling, uncle, aunt, nephew, or niece of
the patient related by blood, marriage, or adoption.
The office or authorized agency shall provide to the employer only such
information as is necessary to specify whether or not that person has
been arrested for or convicted of or pled nolo contendere to any crime
or crimes, the crime or crimes for which he has been arrested or
convicted or to which he has pled nolo contendere, and the date or dates
on which the crime or crimes occurred.
thirty days of receiving notification by the employer to conduct a
criminal history and security check, the office or authorized agency
shall complete the criminal history and security check and then report
the results of the check to the requesting employer in writing.
E.(1) An employer shall inform each applicant for employment or each prospective contract provider that the employer is required to obtain a criminal history record and perform a security check before such employer makes an offer of employment to, or contracts with, a non-licensed person or any licensed ambulance personnel. The employer shall obtain written permission from the applicant for the release of such information to the employer on a form that clearly notifies the applicant it is a crime to provide false information concerning a criminal history check to an employer.
request of the employer, each applicant for employment may be
fingerprinted and submit fingerprint samples to the Louisiana Bureau of
Criminal Identification and Information pursuant to R.S. 15:587 to be
used to obtain the criminal history record.
Employers subject to the provisions of this Part shall only contract for
staffing services provided by businesses who comply with the provisions
of this Part. Businesses that provide contract staffing services to
healthcare providers shall comply with the provisions of this Part. Such
businesses shall send accompanying letters certifying that the
contracted staff meet license or certification standards of their
profession and have undergone and passed criminal background checks.