SLS 11RS-309 REENGROSSED
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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, 2011
SENATE BILL NO. 65
BY SENATOR CHEEK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH CARE. Provides for an exception to the prohibition against employing a
nonlicensed person or licensed ambulance personnel when such person has been convicted
of certain criminal offenses. (gov sig)
AN ACT1
To amend and reenact R.S. 40:1300.53(C)(2), relative to nonlicensed persons and licensed2
ambulance personnel; to provide for an exemption to the prohibition on employing3
a nonlicensed person or licensed ambulance personnel when such person has been4
convicted of certain offenses; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1300.53(C)(2) is hereby amended and reenacted to read as7
follows: 8
ยง1300.53. Refusal to hire or contract; termination of employment; exemption;9
appeal procedure; waiver10
* * *11
C. * * *12
(2) The provisions of this Subsection shall not apply to an employee or13
contract provider who has been employed for twenty-four months of the preceding14
thirty-six months The provisions of this Section shall not apply to a nonlicensed15
person or licensed ambulance personnel who was working under a waiver16
granted under the law in effect prior to August 15, 2010, so long as that person17 SB NO. 65
SLS 11RS-309 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
continues to be employed for the employer who granted the waiver and the1
person began employment for the employer prior to August 15, 2010, or a person2
who has received a pardon of the conviction or has had his conviction expunged.3
Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
The original instrument was prepared by Greg Waddell. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Dawn Romero Watson.
DIGEST
Cheek (SB 65)
Present law prohibits an employer from hiring any licensed ambulance personnel or
nonlicensed persons when the results of a criminal history check reveal that the individual
has been convicted of certain criminal offenses. Provides that if the employer discovers such
after employment of the individual, the employer shall immediately terminate the
individual's employment.
Present law provides an exception to present law's prohibition and required termination for
an employee who has been employed for 24-months of the preceding 36-months and a
person who has received a pardon of the conviction.
Proposed law ends the present law exception with regards to individuals employed for 24-
months of the preceding 36-months after August 15, 2010, provided the individual continues
to work for the same employer. Also, adds an exception for individuals who have had their
conviction expunged.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1300.53(C)(2))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Adds exception for individuals who have had their conviction expunged.