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Regular Session, 2013
SENATE BILL NO. 150
BY SENATOR ADLEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH SERVICES. Provides for fingerprint based criminal background checks and for
authorized agents for purposes of criminal history checks on nonlicensed persons and
licensed ambulance personnel. (8/1/13)
AN ACT1
To amend and reenact R.S. 40:1300.51(1), 1300.52(A), (B)(1), (C), (D)(2), and (E), the2
introductory paragraphs of 1300.53(A) and (B), 1300.53(C)(1), and 1300.55 and to3
enact R.S. 40:1300.57, relative to criminal history checks on nonlicensed persons4
and licensed ambulance personnel; to provide with respect to an authorized agency;5
to provide for the application and requirements for approval as an authorized agency;6
and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:1300.51(1), 1300.52(A), (B)(1), (C), (D)(2), and (E), the9
introductory paragraphs of 1300.53(A) and (B), 1300.53(C)(1), and 1300.55 are hereby10
amended and reenacted and R.S. 40:1300.57 is hereby enacted to read as follows:11
§1300.51. Definitions12
For the purposes of this Part:13
(1) "Authorized agency" means a private entity authorized by the office of14
state police to conduct the criminal history fingerprint based criminal background15
checks provided for in this Part. Nothing herein shall be construed as expanding the16
access to confidential law enforcement records of the state of Louisiana or its17 SB NO. 150
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political subdivisions or authorizing access by said agency to the computerized1
records of law enforcement agencies.2
* * *3
§1300.52. Employment of nonlicensed persons and licensed ambulance personnel;4
mandatory criminal history fingerprint based criminal background5
check and security checks; temporary employment; notice to6
applicants7
A.(1) Except as otherwise provided in Subsection C of this Section, prior to8
any employer making an offer to employ or to contract with a nonlicensed person or9
any licensed ambulance personnel to provide nursing care, health-related services,10
medic services, or supportive assistance to any individual, the employer shall request11
that a criminal history fingerprint based criminal background check and security12
check be conducted on the nonlicensed person or any licensed ambulance personnel13
pursuant to the provisions of this Section. If the employer is a facility, home, or14
institution which is part of a larger complex of buildings, the requirement of a15
criminal history fingerprint based criminal background check and security check16
shall apply only to an offer of employment or contract made to a nonlicensed person17
or any licensed ambulance personnel who will work primarily in the immediate18
boundaries of the facility, home, or institution.19
(2) Except as otherwise specified in Paragraph D(1) of this Section, an20
employer may obtain the criminal history fingerprint based criminal background21
check record maintained by the office of state police of a nonlicensed person or any22
licensed ambulance personnel offering to provide nursing care, health-related23
services, or supportive services to any individual.24
B.(1) The employer shall request in writing that the office or authorized25
agency conduct a criminal history fingerprint based criminal background check26
and security check on the nonlicensed person or any licensed ambulance personnel27
and shall provide the office or authorized agency with any relevant information28
required by the office or authorized agency to conduct the check.29 SB NO. 150
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* * *1
C.(1) An employer may make an offer of temporary employment to a2
nonlicensed person or any licensed ambulance personnel pending the results of the3
criminal history fingerprint based criminal background check and security check4
on the person. In such instances, the employer shall provide to the office or5
authorized agency the name and relevant information relating to the person within6
seventy-two hours after the date the person accepts temporary employment.7
(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection,8
any nurse's aide offered temporary employment prior to the receipt of the results of9
the required criminal history fingerprint based criminal background check and10
security check shall be under the direct supervision of a permanent employee or shall11
be in the presence of a member of the immediate family of the patient or of a care12
giver designated by the immediate family of the patient.13
(b) As used in this Paragraph, "member of the immediate family" means a14
child, parent, grandparent, sibling, uncle, aunt, nephew, or niece of the patient related15
by blood, marriage, or adoption.16
D. * * *17
(2) Within thirty days of receiving notification by the employer to conduct18
a criminal history fingerprint based criminal background check and security19
check, the office or authorized agency shall complete the criminal history20
fingerprint based criminal background check and security check and then report21
the results of the check to the requesting employer in writing.22
E. An employer shall inform each applicant for employment or each23
prospective contract provider that the employer is required to obtain a criminal24
history record fingerprint based criminal background check and perform a25
security check before such employer makes an offer of employment to, or contracts26
with, a nonlicensed person or any licensed ambulance personnel. The employer shall27
obtain written permission from the applicant for the release of such information to28
the employer on a form that clearly notifies the applicant it is a crime to provide false29 SB NO. 150
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information concerning a criminal history check to an employer.1
§1300.53. Refusal to hire or contract; termination of employment; exemption;2
appeal procedure; waiver3
A. Except as otherwise provided in R.S. 40:1300.52(C), no employer shall4
hire any licensed ambulance personnel or nonlicensed person when the results of a5
criminal history check fingerprint based criminal background check reveal that6
the licensed ambulance personnel or nonlicensed person has been convicted of any7
of the following offenses:8
* * *9
B. Additionally, except as otherwise provided in R.S. 40:1300.52(C), no10
employer who provides care or services to any person under the age of twenty-one11
shall hire any licensed ambulance personnel or nonlicensed person when the results12
of the criminal history fingerprint based criminal background check reveal that13
the licensed ambulance personnel or nonlicensed person has been convicted of any14
of the following offenses:15
* * *16
C.(1) If the results of a criminal history fingerprint based criminal17
background check reveal that a nonlicensed person or any licensed ambulance18
personnel hired on a temporary basis or any other person who is an employee has19
been convicted of any of the offenses listed in Subsection A or B of this Section, the20
employer shall immediately terminate the person's employment.21
* * *22
§1300.55. Compliance23
The department shall review the employment files of any facility or agency24
required to obtain criminal history fingerprint based criminal background check25
records to ensure such facilities are in compliance with the provisions of this Part.26
* * *27
§1300.57. Application to be approved as an authorized agency28
A. An individual or business entity seeking approval as an authorized29 SB NO. 150
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agency shall submit an application to the Louisiana Bureau of Criminal1
Identification and Information along with the following documents to prove the2
individual's or business entity's qualifications.3
(1) The applicant must be currently licensed in the state of Louisiana as4
a private investigator or detective by the Louisiana State Board of Private5
Investigator Examiners as evidenced by current and valid licensure issued by6
the Louisiana State Board of Private Investigator Examiners, or an individual7
employed by a business entity domiciled in the state of Louisiana and registered8
and in good standing with the secretary of state at the time of application whose9
primary source of business is background screenings.10
(2) The applicant must not currently be charged by bill of information11
or under indictment for, or have been convicted of, any felony offense in this12
state or any other jurisdiction, and submit to a background investigation to13
determine that this requirement is met.14
(3) The applicant shall be domiciled in the state of Louisiana and shall15
present proof of qualification to do business within the state of Louisiana as16
evidenced by a valid certificate of authority issued by the secretary of state, and17
designation of an agent for service of process as required by law. If the18
applicant is operating as a sole proprietorship, a current and valid occupational19
license shall be presented.20
(4) The applicant shall execute a written agreement whereby he agrees21
to maintain the confidentiality of any and all information provided to it by the22
Louisiana Bureau of Criminal Identification and Information pursuant to R.S.23
40:1300.51 et seq., abide by all applicable laws, rules and regulations pertaining24
to receipt and use of criminal history information, cooperate in any auditing25
procedure conducted by the Louisiana Bureau of Criminal Identification and26
Information, and inform the Louisiana Bureau of Criminal Identification and27
Information in writing of any known violations regarding the use of criminal28
history information he receives.29 SB NO. 150
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B. Upon receipt of a completed application for approval as an1
authorized agency, the Louisiana Bureau of Criminal Identification and2
Information shall review the application and conduct whatever investigation it3
deems necessary to verify the information. Upon completion of this review, the4
Louisiana Bureau of Criminal Identification and Information shall inform the5
applicant in writing of its approval or denial of the application and, in the case6
of denial, the reasons for such denial.7
C. Each authorized agency shall maintain the eligibility requirements8
to be approved as an authorized agency. Each authorized agency shall notify9
the Louisiana Bureau of Criminal Identification and Information in writing of10
a change in its qualification requirements within fifteen days of the change.11
Failure to continue to maintain the eligibility requirements shall result in12
cancellation of approval as an authorized agency.13
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Adley (SB 150)
Present law provides for criminal history checks.
Proposed law amends present law to change from "criminal history checks" to "fingerprint
based criminal background checks".
Present law requires an individual seeking approval as an authorized agency shall be
currently licensed in the state of Louisiana as a private investigator or detective by the
Louisiana State Board of Private Investigator Examiners.
Proposed law provides an individual or business entity seeking approval as an authorized
agency shall submit an application to the Louisiana Bureau of Criminal Identification and
Information (Bureau) along with the following documents to prove the individual's or
business entity's qualifications:
(1)The applicant must be currently licensed in Louisiana as a private investigator or
detective by the Louisiana State Board of Private Investigator Examiners as
evidenced by current and valid licensure issued by the Louisiana State Board of
Private Investigator Examiners, or an individual employed by a business entity
domiciled in the state of Louisiana and registered and in good standing with the
secretary of state at the time of application whose primary source of business is
background screenings.
(2)The applicant must not currently be charged by bill of information or under
indictment for, or have been convicted of, any felony offense in this state or any
other jurisdiction, and submit to a background investigation to determine that this SB NO. 150
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requirement is met.
(3)The applicant shall be domiciled into the state of Louisiana and shall present proof
of qualification to do business within Louisiana as evidenced by a valid certificate
of authority issued by the secretary of state, and designation of an agent for service
of process as required by law. If the applicant is operating as a sole proprietorship,
a current and valid occupational license shall be presented.
(4)The applicant shall execute a written agreement whereby he agrees to maintain the
confidentiality of any and all information provided to it by the Bureau pursuant to
present law, abide by all applicable laws, rules and regulations pertaining to receipt
and use of criminal history information, cooperate in any auditing procedure
conducted by the Bureau, and inform the Bureau in writing of any known violations
regarding the use of criminal history information he receives.
Proposed law provides for the application to be approved as an authorized agency.
Effective August 1, 2013.
(Amends R.S. 40:1300.51(1), 1300.52(A), (B)(1), (C), (D)(2), and (E), 1300.53(A) (intro
para) and (B)(intro para),(C)(1), and 1300.55; adds R.S. 40:1300.57)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Changes from "criminal history checks" to "fingerprint based criminal
background checks".
2. Adds business entity to those who may seek approval as authorized agency.
3. Requires the business entity must be domiciled in Louisiana.