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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 204
BY SENATOR MCPHERSON
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
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, 30,18
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, 43,19
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, 89.1,20
93.3, 93.4, 93.5 or distribution or possession with the intent to distribute controlled21
dangerous substances as listed in Schedules I through V of the Uniform Controlled22
Dangerous Substances Act.23
(b) (2) An attempt or conspiracy to commit any of the offenses listed in24
Subparagraph Paragraph (1)(a) of this Subsection.25
ACT No. 876 SB NO. 204 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) If the results of a criminal history check reveal that any licensed1
ambulance personnel or nonlicensed person has been convicted of any of the2
following offenses, the employer may refuse to hire or contract with such person:3
(a) R.S. 14:55, R.S. 14:60 through R.S. 14:62.3, R.S. 14:74, R.S. 14:79.1,4
R.S. 14:83.4 through R.S. 14:85.1, R.S. 14:92, R.S. 14:93.2.1, or R.S. 14:106.5
(b) An attempt or conspiracy to commit any of the offenses listed in6
Subparagraph (1)(a) of this Subsection.7
B. Additionally, except as otherwise provided in R.S. 40:1300.52(C), no8
employer who provides care or services to any person under the age of twenty-9
one shall hire any licensed ambulance personnel or nonlicensed person when the10
results of the criminal history check reveal that the licensed ambulance11
personnel or nonlicensed person has been convicted of any of the following12
offenses:13
(1) R.S. 14:44.2, 80, 81.2, or 93.14
(2) An attempt or conspiracy to commit any of the offenses listed in15
Paragraph (1) of this Subsection.16
B C.(1) If the results of a criminal history check reveal that a nonlicensed17
person or any licensed ambulance personnel hired on a temporary basis or any other18
person who is an employee has been convicted of any of the offenses listed in19
Subsection A or B of this Section, the employer shall immediately terminate the20
person's employment.21
(2) The provisions of this Subsection shall not apply to an employee or22
contract provider who has been employed for twenty-four months of the preceding23
thirty-six months, or a person who has received a pardon of the conviction.24
C.(1) The employer may waive the provisions of this Part, unless the licensed25
ambulance personnel or nonlicensed person has been convicted of any crime as26
enumerated by R.S. 14:31, 34, 34.7, 35.2, 37, 37.1, 37.4, 42.1, 43.1, 44.2, 64, 80,27
81.2, 93, 93.3, 93.4, or 93.5. If the licensed ambulance personnel or nonlicensed28
person has been convicted of any crime as enumerated by R.S. 14:31, 34, 34.7, 35.2,29
37, 37.1, 37.4, 42.1, 43.1, 44.2, 64, 80, 81.2, 93, 93.3, 93.4, or 93.5, then the30 SB NO. 204 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
employer shall not hire or contract with such person and shall not grant a waiver to1
such person.2
(2) A waiver may be granted for mitigating circumstances, which shall3
include but not be limited to:4
(a) Age at which the crime was committed.5
(b) Circumstances surrounding the crime.6
(c) Length of time since the conviction.7
(d) Criminal history since the conviction.8
(e) Work history.9
(f) Current employment references.10
(g) Character references.11
(h) Nurse aide registry records.12
(i) Other evidence demonstrating the ability of the person to perform the13
employment responsibilities competently and that the person does not pose a threat14
to the health or safety of patients or clients.15
(3) The granting of a waiver shall not be construed as creating an obligation16
upon an employer to offer permanent employment to such person.17
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: