§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.