GREEN SHEET REDIGEST
HB 680 2016 Regular Session Moreno
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
HOSPITALS: Requires healthcare services providers to conduct background
checks on prospective employees
DIGEST
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 excludes business that have contract employees from running
criminal background checks on the contracted employees if the contractor provides a letter
certifying the individual meets licensing standards and has undergone and passed a criminal
background check.
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.
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Prepared by Christine Arbo Peck. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
reengrossed bill
1. Excludes businesses that have contract employees from running criminal
background checks on the contracted employees if the contractor provides letter
certifying the individual meets licensing standards and has undergone and passed
a criminal background check.
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Prepared by Christine Arbo Peck.