§1203.2. Employment of nonlicensed persons and licensed ambulance personnel; training
program enrollment of nonlicensed persons; 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 institution.
(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 nonlicensed 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 nonlicensed 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.
(3) 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 registry.
C.(1) An employer may make an offer of temporary employment to a nonlicensed
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.
(b) 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.
(3) Notwithstanding any other provision of law to the contrary, any adult day health
care provider and any home- and community-based service provider providing adult day care
services may make an offer of employment to a nonlicensed person without conducting the
criminal history and security check required pursuant to this Part if all of the following
conditions are met:
(a) The nonlicensed person was employed by the provider on March 22, 2020.
(b) The provider was required to temporarily cease operations pursuant to
Proclamation Number 33 JBE 2020, or any subsequent proclamation declaring the existence
of a statewide COVID-19 public health emergency.
(c) The nonlicensed person is no longer employed by the provider as a result of the
temporary closure mandated pursuant to Proclamation Number 33 JBE 2020, or any
subsequent proclamation declaring the existence of a statewide COVID-19 public health
emergency.
(d) The nonlicensed person is being rehired by the same provider within sixty days
of the provider resuming operations.
(e) The nonlicensed person provides a written attestation that he has not been
arrested or received a criminal conviction during the period from the date the nonlicensed
person was last employed by the provider to the date of rehiring.
D.(1) 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.
(2) Within 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 nonlicensed 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.
(2) Upon 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.
F. 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.
G.(1) Prior to any educational institution or approved training program accepting an
applicant for the clinical preceptor nurse aide training program, a statewide criminal history
background check, which includes a check of the national sex offender public registry, shall
be conducted. The educational institution or approved training program shall request in
writing that the office or authorized agency conduct a criminal history and security check on
the applicant and shall provide the office or authorized agency with any relevant information
required by the office or authorized agency to conduct the check. The educational institution
or approved training program may request the criminal history and security check be
performed using the fingerprints of the applicant.
(2) An educational institution, approved training program, or authorized agency shall
pay the fee the office is authorized by law to charge for a search of the office's criminal
history files on an applicant for the clinical preceptor nurse aide training program.
(3) 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 registry.
Acts 1993, No. 594, §1, eff. August 15, 1994; Acts 1995, No. 917, §1, eff. June 28,
1995; Acts 1997, No. 544, §1; Acts 1997, No. 753, §1; Acts 1999, No. 827, §1; Acts 2001,
No. 751, §1; Acts 2002, 1st Ex. Sess., No. 118, §2, eff. April 23, 2002; Acts 2003, No. 549,
§1; Acts 2004, No. 662, §1; Acts 2006, No. 816, §1; Acts 2009, No. 35, §1, eff. June 15,
2009; Redesignated from R.S. 40:1300.52 by HCR 84 of 2015 R.S.; Acts 2016, No. 311, §2,
eff. June 2, 2016; Acts 2019, No. 43, §1; Acts 2020, 2nd Ex. Sess., No. 57, §1, eff. Nov. 5,
2020.