SLS 10RS-640 ORIGINAL
Page 1 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 204
BY SENATOR MCPHERSON
HEALTH CARE. Removes provisions which allow an employer to waive the existence of
certain criminal offenses when hiring any licensed ambulance personnel or nonlicensed
persons. (8/15/10)
AN ACT1
To amend and reenact R.S. 40:1300.53, relative to criminal history checks of licensed2
ambulance personnel or nonlicensed persons; to remove provisions which allow an3
employer to waive certain provisions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:1300.53 is hereby amended and reenacted to read as follows: 6
ยง1300.53. Refusal to hire or contract; termination of employment; exemption;7
appeal procedure; waiver8
A.(1) Except as otherwise provided in R.S. 40:1300.52(C), if no employer9
shall hire any licensed ambulance personnel or nonlicensed person when the10
results of a criminal history check reveal that any the licensed ambulance personnel11
or nonlicensed person has been convicted of any of the following offenses, the12
employer shall not hire or contract with such person:13
(a) (1) Any crime of violence as enumerated by R.S. 14:2(B), R.S. 14:34.7,14
R.S. 14:35, R.S. 14:35.2, R.S. 14:36, R.S. 14:37.1, R.S. 14:37.4, R.S. 14:38, R.S.15
14:41, R.S. 14:43.3, R.S. 14:43.5, R.S. 14:44.2, R.S. 14:52 through R.S. 14:54.4,16
R.S. 14:64.3, R.S. 14:64.4, R.S. 14:78, R.S. 14:80 through R.S. 14:83.3, R.S. 14:86,17 SB NO. 204
SLS 10RS-640 ORIGINAL
Page 2 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
R.S. 14:89, R.S. 14:93, R.S. 14:93.3 through 14:93.5, R.S. 14:102.1, R.S. 14:282,1
R.S. 14:286, or distribution or possession with the intent to distribute controlled2
dangerous substances as listed in Schedules I through V of the Uniform Controlled3
Dangerous Substances Act.4
(b) (2) An attempt or conspiracy to commit any of the offenses listed in5
Subparagraph Paragraph (1)(a) of this Subsection.6
(2) If the results of a criminal history check reveal that any licensed7
ambulance personnel or nonlicensed person has been convicted of any of the8
following offenses, the employer may refuse to hire or contract with such person:9
(a) R.S. 14:55, R.S. 14:60 through R.S. 14:62.3, R.S. 14:74, R.S. 14:79.1,10
R.S. 14:83.4 through R.S. 14:85.1, R.S. 14:92, R.S. 14:93.2.1, or R.S. 14:106.11
(b) An attempt or conspiracy to commit any of the offenses listed in12
Subparagraph (1)(a) of this Subsection.13
B.(1) If the results of a criminal history check reveal that a nonlicensed14
person or any licensed ambulance personnel hired on a temporary basis or any other15
person who is an employee has been convicted of any of the offenses listed in16
Subsection A of this Section, the employer shall immediately terminate the person's17
employment.18
(2) The provisions of this Subsection shall not apply to an employee or19
contract provider who has been employed for twenty-four months of the preceding20
thirty-six months, or a person who has received a pardon of the conviction.21
C.(1) The employer may waive the provisions of this Part, unless the licensed22
ambulance personnel or nonlicensed person has been convicted of any crime as23
enumerated by R.S. 14:31, 34, 34.7, 35.2, 37, 37.1, 37.4, 42.1, 43.1, 44.2, 64, 80,24
81.2, 93, 93.3, 93.4, or 93.5. If the licensed ambulance personnel or nonlicensed25
person has been convicted of any crime as enumerated by R.S. 14:31, 34, 34.7, 35.2,26
37, 37.1, 37.4, 42.1, 43.1, 44.2, 64, 80, 81.2, 93, 93.3, 93.4, or 93.5, then the27
employer shall not hire or contract with such person and shall not grant a waiver to28
such person.29 SB NO. 204
SLS 10RS-640 ORIGINAL
Page 3 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) A waiver may be granted for mitigating circumstances, which shall1
include but not be limited to:2
(a) Age at which the crime was committed.3
(b) Circumstances surrounding the crime.4
(c) Length of time since the conviction.5
(d) Criminal history since the conviction.6
(e) Work history.7
(f) Current employment references.8
(g) Character references.9
(h) Nurse aide registry records.10
(i) Other evidence demonstrating the ability of the person to perform the11
employment responsibilities competently and that the person does not pose a threat12
to the health or safety of patients or clients.13
(3) The granting of a waiver shall not be construed as creating an obligation14
upon an employer to offer permanent employment to such person.15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Greg Waddell.
DIGEST
Present law provides that an employer shall not hire or contract with any licensed ambulance
personnel or nonlicensed person if the results of a criminal history check reveal that such
person has been convicted of any of the following offenses the attempt or conspiracy thereof:
(1) Any crime of violence as defined in present law.
(2)Aggravated second degree battery
(3)Assault
(4)Aggravated assault with a firearm
(5)Simple assault
(6)Rape
(7)Oral sexual battery
(8)Intentional exposure to AIDS virus
(9)Simple arson SB NO. 204
SLS 10RS-640 ORIGINAL
Page 4 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(10)Simple arson of a religious building
(11)Arson with intent to defraud
(12)Communicating of false information of planned arson
(13)Manufacture and possession of delayed action incendiary devices
(14)Manufacture and possession of a bomb
(15)Forfeitures
(16)Second degree robbery
(17)Incest
(18)Felony carnal knowledge of a juvenile
(19)Misdemeanor carnal knowledge of a juvenile
(20)Indecent behavior with juveniles
(21)Pornography involving juveniles
(22)Molestation of a juvenile
(23)Computer-aided solicitation of a minor
(24)Prohibited sexual conduct between educator and student
(25)Unlawful possession of videotape of protected persons
(26)Prostitution
(27)Soliciting for prostitutes
(28)Inciting prostitution
(29)Promoting prostitution
(30)Prostitution by massage
(31)Enticing persons into prostitution
(32)Crime against nature
(33)Cruelty to juveniles
(34)Cruelty to the infirmed
(35)Exploitation of the infirmed
(36)Sexual battery of the infirm
(37)Cruelty to animals; simple and aggravated
(38)Operation of places of prostitution prohibited SB NO. 204
SLS 10RS-640 ORIGINAL
Page 5 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(39)Sale of minor children
(40)Distribution or possession with the intent to distribute controlled dangerous
substances as listed in Schedules I through V of the Uniform Controlled Dangerous
Substances Act.
Proposed law retains present law and adds the offenses of simple battery of the infirm and
aggravated kidnapping of a child.
Present law provides that an employer may refuse to hire or contract with such person if the
results of a criminal history check reveal that any licensed ambulance personnel or
nonlicensed person has been convicted of, attempted, or conspired to commit, any of the
following offenses:
(1)Aggravated criminal damage to property
(2) Aggravated burglary
(3)Unauthorized entry of a critical infrastructure
(4)Simple burglary
(5)Simple burglary of a pharmacy
(6)Simple burglary of an inhabited dwelling
(7)Unauthorized entry of an inhabited dwelling
(8)Criminal neglect of family
(9)Criminal abandonment
(10)Massage; sexual conduct prohibited
(11)Pandering
(12)Letting premises for prostitution
(13)Contributing to the delinquency of juveniles
(14)Child desertion
(15)Obscenity
Proposed law repeals present law.
Present law provides that if the results of a criminal history check reveal that a nonlicensed
person or any licensed ambulance personnel hired on a temporary basis or any other person
who is an employee has been convicted of any of the offenses which would bar employment,
the employer shall immediately terminate the person's employment.
Proposed law retains present law.
Present law provides that the employer may waive the provisions of present law, unless the
licensed ambulance personnel or nonlicensed person has been convicted of any of the
enumerated crimes in present law in which case the employer shall not hire or contract with SB NO. 204
SLS 10RS-640 ORIGINAL
Page 6 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
such person and shall not grant a waiver to such person. Present law further provides the list
of mitigating circumstances for which the employer may grant a waiver of the provisions of
present law.
Proposed law repeals present law.
Effective August 15, 2010.
(Amends R.S. 40:1300.53)