DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 680 Reengrossed 2016 Regular Session Moreno
Abstract: Requires certain healthcare services providers to perform criminal history and security
checks on nonlicensed personnel prior to employment.
Present law requires an employer to request that a criminal history and security check be conducted
on a nonlicensed person or any licensed ambulance personnel prior to an offer to employ or to
contract with the nonlicensed person or licensed ambulance personnel to provide nursing care,
health-related services, medic services, or supportive assistance to any individual.
Proposed law retains present law and adds additional categories of healthcare services providers to
the list of employers required to perform a background check on prospective employees.
Proposed law authorizes an employer to request that the criminal history check be performed using
the fingerprints of the nonlicensed person or any licensed ambulance personnel. Proposed law
further authorizes each applicant for employment, upon request of the employer, to be fingerprinted
and to submit the fingerprint samples for use in the criminal history check.
Proposed law requires employers subject to the provisions of proposed law to only contract for
staffing services provided by businesses who comply with the provisions of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1203.1(3)(a), (c), (g), and (o), (4), and (5) and 1203.2(B)(1) and (E); Adds R.S.
40:1203.1(3)(d), (i), (j), and (p)-(y) and 1203.2(F))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Make technical changes.
2. Restore previously deleted language regarding Medicaid personal care services and the
section 1915(c) home and community-based services waiver program in the definition
of employer.
3. Delete the reference to the qualification of contracted or employed on staff in the definition of nonlicensed person.
4. Require employers to only contract with businesses who comply with the criminal history
and security check requirement.
5. Specify that services provided by nonlicensed persons must be directly related to patient
care.
6. Authorize the use of fingerprints for the criminal history and security checks.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Remove the option for the security check to be made using fingerprints.
3. Change the requirement for an applicant to be fingerprinted upon request of the employer
to an authorization.
4. Require the fingerprint samples to be sent to the La. Bureau of Criminal Identification
and Information.
5. Delete proposed updates to the licensing designation for intermediate care facilities for
the developmentally disabled.