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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. 14:36, R.S. 14:37.1, R.S. 14:37.4, R.S. 14:38, R.S. 14:41, R.S.15
14:43.3, R.S. 14:43.5, R.S. 14:52 through R.S. 14:54.4, R.S. 14:64.3, R.S. 14:64.4,16
R.S. 14:78, R.S. 14:80 through R.S. 14:83.3, R.S. 14:86, R.S. 14:89, R.S. 14:93, R.S.17 SB NO. 204
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14:93.3 through 14:93.5, R.S. 14:102.1, R.S. 14:282, R.S. 14:286, R.S. 14:28.1, 30,1
30.1, 31, 32.6, 32.7, 32.12, 34, 34.1, 34.7, 35.2, 37, 37.1, 37.4, 38.1, 42, 42.1, 43,2
43.1, 43.2, 43.3, 43.5, 44, 44.1, 46.2, 51, 60, 62.1, 64, 64.1, 64.4, 66, 67.21, 89, 89.1,3
93.3, 93.4, 93.5 or distribution or possession with the intent to distribute controlled4
dangerous substances as listed in Schedules I through V of the Uniform Controlled5
Dangerous Substances Act.6
(b) (2) An attempt or conspiracy to commit any of the offenses listed in7
Subparagraph Paragraph (1)(a) of this Subsection.8
(2) If the results of a criminal history check reveal that any licensed9
ambulance personnel or nonlicensed person has been convicted of any of the10
following offenses, the employer may refuse to hire or contract with such person:11
(a) R.S. 14:55, R.S. 14:60 through R.S. 14:62.3, R.S. 14:74, R.S. 14:79.1,12
R.S. 14:83.4 through R.S. 14:85.1, R.S. 14:92, R.S. 14:93.2.1, or R.S. 14:106.13
(b) An attempt or conspiracy to commit any of the offenses listed in14
Subparagraph (1)(a) of this Subsection.15
B. Additionally, except as otherwise provided in R.S. 40:1300.52(C), no16
employer who provides care or services to any person under the age of twenty-17
one shall hire any licensed ambulance personnel or nonlicensed person when the18
results of the criminal history check reveal that the licensed ambulance19
personnel or nonlicensed person has been convicted of any of the following20
offenses:21
(1) R.S. 14:44.2, 80, 81.2, or 93.22
(2) An attempt or conspiracy to commit any of the offenses listed in23
Paragraph (1) of this Subsection.24
B C.(1) If the results of a criminal history check reveal that a nonlicensed25
person or any licensed ambulance personnel hired on a temporary basis or any other26
person who is an employee has been convicted of any of the offenses listed in27
Subsection A of this Section, the employer shall immediately terminate the person's28
employment.29 SB NO. 204
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(2) The provisions of this Subsection shall not apply to an employee or1
contract provider who has been employed for twenty-four months of the preceding2
thirty-six months, or a person who has received a pardon of the conviction.3
C.(1) The employer may waive the provisions of this Part, unless the licensed4
ambulance personnel or nonlicensed person has been convicted of any crime as5
enumerated by R.S. 14:31, 34, 34.7, 35.2, 37, 37.1, 37.4, 42.1, 43.1, 44.2, 64, 80,6
81.2, 93, 93.3, 93.4, or 93.5. If the licensed ambulance personnel or nonlicensed7
person has been convicted of any crime as enumerated by R.S. 14:31, 34, 34.7, 35.2,8
37, 37.1, 37.4, 42.1, 43.1, 44.2, 64, 80, 81.2, 93, 93.3, 93.4, or 93.5, then the9
employer shall not hire or contract with such person and shall not grant a waiver to10
such person.11
(2) A waiver may be granted for mitigating circumstances, which shall12
include but not be limited to:13
(a) Age at which the crime was committed.14
(b) Circumstances surrounding the crime.15
(c) Length of time since the conviction.16
(d) Criminal history since the conviction.17
(e) Work history.18
(f) Current employment references.19
(g) Character references.20
(h) Nurse aide registry records.21
(i) Other evidence demonstrating the ability of the person to perform the22
employment responsibilities competently and that the person does not pose a threat23
to the health or safety of patients or clients.24
(3) The granting of a waiver shall not be construed as creating an obligation25
upon an employer to offer permanent employment to such person.26 SB NO. 204
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The original instrument was prepared by Greg Waddell. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jeanne Johnston.
DIGEST
McPherson (SB 204)
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
(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 SB NO. 204
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(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 infirmed
(37)Cruelty to animals; simple and aggravated
(38)Operation of places of prostitution prohibited
(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 the following offenses:
(1) Solicitation for murder
(2)First degree murder
(3) Second degree murder
(4)Manslaughter
(5) Aggravated battery
(6) Aggravated second degree battery
(7) Simple battery of the infirmed
(8) Aggravated rape
(9)Forcible rape
(10) Simple rape SB NO. 204
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(11) Sexual battery
(12) Second degree sexual battery
(13)Oral sexual battery
(14)Intentional exposure to AIDS virus
(15)Aggravated kidnapping
(16)Second degree kidnapping
(17)Aggravated arson
(18)Aggravated burglary
(19)Armed robbery
(20)First degree robbery
(21)Second degree robbery
(22)Crime against nature
(23)Cruelty to the infirmed
(24)Exploitation of the infirmed
(25)Sexual battery of the infirmed
(26)Extortion
(27)Mingling harmful substances
(28)Distribution or possession with intent to distribute controlled dangerous substances.
(29)Aggravated assault
(30)Assault by drive-by shooting
(31)Aggravated assault with a firearm
Proposed law removes the following offenses from present law:
(1)Simple assault
(2)Simple arson
(3)Simple arson of a religious building
(4)Arson with intent to defraud
(5)Communicating of false information of planned arson
(6)Manufacture and possession of delayed action incendiary devices
(7)Manufacture and possession of a bomb SB NO. 204
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(8)Forfeitures
(9)Simple kidnapping
(10)Aggravated criminal damage to property
(11)Simple robbery
(12)Purse snatching
(13)Assault by drive-by shooting
(14)Carjacking
(15)Terrorism
(16)Disarming a peace officer
(17)Stalking
(18)Second degree cruelty to juveniles
(19)Aggravated flight from an officer
(20)Aggravated incest
(21)Battery of a police officer
(22)Incest
(23)Felony carnal knowledge of a juvenile
(24)Misdemeanor carnal knowledge of a juvenile
(25)Indecent behavior with juveniles
(26)Pornography involving juveniles
(27)Molestation of a juvenile
(28)Computer-aided solicitation of a minor
(29)Prohibited sexual conduct between educator and student
(30)Unlawful possession of videotape of protected persons
(31)Prostitution
(32)Soliciting for prostitutes
(33)Inciting prostitution
(34)Promoting prostitution
(35)Prostitution by massage
(36)Enticing persons into prostitution SB NO. 204
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(37)Cruelty to juveniles
(38)Cruelty to animals; simple and aggravated
(39)Operation of places of prostitution prohibited
(40)Sale of minor children
Proposed law adds the following offenses to present law:
(1)First degree feticide
(2)Criminal assistance to suicide
(3)Human trafficking
(4)Simple burglary of a pharmacy
(5)Theft of the assets of an aged person or disabled person
(6)Aggravated crime against nature
Proposed law provides that an employer who provides care or services to any person under
the age of twenty-one shall not hire any licensed ambulance personnel or nonlicensed person
when the results of criminal background check reveal that such person has been convicted
of any of the following offenses:
(1) Aggravated kidnapping of a child
(2) Felony carnal knowledge of a juvenile
(3) Molestation of a juvenile
(4) Cruelty to a juvenile
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 SB NO. 204
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(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
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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill.
1. Provides a list of offenses which if a licensed ambulance personnel or
unlicensed person is convicted of then such person would be prohibited from
employment.
2. Provides a list of offenses which if a licensed ambulance personnel or
unlicensed person is convicted of then such person would be prohibited from
employment if the employer provides care or services to any person under
the age of 21.
Senate Floor Amendments to engrossed bill.
1. Removes general theft from list of offenses for which conviction disqualifies
employment as ambulance personnel.