HLS 16RS-1324 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 918
BY REPRESENTATIVE WILLMOTT
NURSES/PRACTICAL: Provides relative to background checks for persons applying for
licensure by the La. State Board of Practical Nurse Examiners
1 AN ACT
2To amend and reenact R.S. 37:969(B)(introductory paragraph) and (4)(a) and (c) and
3 969.1(B) through (D) and to enact R.S. 37:21(B)(11) and 969(B)(4)(d), relative to
4 the Louisiana State Board of Practical Nurse Examiners; to exempt the board from
5 certain limitations on disciplinary proceedings; to authorize the board to obtain
6 certain criminal history record information; to provide for methods of obtaining such
7 information; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 37:969(B)(introductory paragraph) and (4)(a) and (c) and 969.1(B)
10through (D) are hereby amended and reenacted and R.S. 37:21(B)(11) and 969(B)(4)(d) are
11hereby enacted to read as follows:
12 §21. Limitations on disciplinary proceedings by professional or occupational boards
13 and commissions
14 * * *
15 B. The provisions of this Section shall not apply to the following:
16 * * *
17 (11) The Louisiana State Board of Practical Nurse Examiners.
18 * * *
19 §969. Duties and powers of the board
20 * * *
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1 B. The board may do all of the following:
2 * * *
3 (4)(a) Request and obtain state and national criminal history record
4 information on any person applying for the issuance, renewal, or reinstatement of
5 any license or permit which the board is authorized by law to issue, including
6 permission to enroll as a student in nurse training courses.
7 * * *
8 (c) Promulgate the rules, regulations, and procedures, in cooperation with the
9 Louisiana Bureau of Criminal Identification and Information of the office of state
10 police within the Department of Public Safety and Corrections and the Federal
11 Bureau of Investigation of the United States Department of Justice, in accordance
12 with the Administrative Procedure Act, that are necessary to implement the
13 provisions of this Paragraph Section.
14 (d) Require any applicant requesting the issuance, renewal, or reinstatement
15 of any license or permit which the board is authorized to issue, including permission
16 to enroll as a student in a clinical nursing course, to submit a full set of fingerprints,
17 in a form and manner prescribed by the board, as a condition of the board's
18 consideration of his application.
19 * * *
20 §969.1. Louisiana State Board of Practical Nurse Examiners; authorization to obtain
21 criminal history record information
22 * * *
23 B.(1) In addition to any other requirements established by law or board rules,
24 the board may shall:
25 (a) (1) Require that any person applying for any license or permit which the
26 board is authorized by law to issue each applicant, as a condition for eligibility for
27 licensure, to provide all of the following:
28 (a) A full set of fingerprints, in a form and manner prescribed by the board.
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HB NO. 918
1 (b) provide written Written consent to the board to request and obtain state
2 and national criminal history record information on such person as a condition for
3 consideration of his application.
4 (b) (2) Charge and collect from the applicant, in addition to all other
5 applicable fees and costs, such amount as may be incurred by the board in requesting
6 and obtaining state and national criminal history record information on the applicant.
7 (2) The board shall provide (3) Provide each applicant with a copy of the
8 written standards specifying the requirements that must be met by an applicant for
9 licensure and the grounds on which a license may be denied or revoked.
10 C. In accordance with the provisions and procedures prescribed by this
11 Section, or any other law or board rule, the board may shall request and obtain state
12 and national criminal history record information from the Louisiana Bureau of
13 Criminal Identification and Information of the office of state police within the
14 Department of Public Safety and Corrections and the Federal Bureau of Investigation
15 of the United States Department of Justice bureau and the FBI relative to any person
16 applying for a license to determine issuance, renewal, or reinstatement of any license
17 or permit whose fingerprints the board has obtained pursuant to this Section for the
18 purpose of determining the applicant's suitability and eligibility for licensure.
19 D.(1) Upon request by the board, and upon the board's submission of an
20 applicant's fingerprints and such other identifying information as may be required,
21 the bureau shall conduct a search of its criminal history record information relative
22 to the applicant and report the results of its search to the board within sixty days after
23 receipt of any such request. The bureau may charge the board a reasonable
24 processing fee for conducting and reporting on any such search.
25 (2) If the criminal history record information reported by the bureau to the
26 board does not provide grounds for disqualification of the applicant for licensure
27 under the applicable law administered by the board, the board may forward the
28 applicant's fingerprints and such other identifying information as may be required to
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1 the FBI with a request for a search of national criminal history record information
2 relative to the applicant.
3 * * *
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 918 Original 2016 Regular Session Willmott
Abstract: Exempts the La. State Board of Practical Nurse Examiners from certain
limitations on disciplinary proceedings and authorizes the board to obtain certain
criminal history record information from its applicants.
Present law provides that unless a special law is applicable, no proceeding of any kind may
be initiated by a professional or occupational board or commission as follows:
(1)If the nature of the complaint is based on negligence or gross negligence, no
proceeding may be initiated after two years from discovery by the complainant.
However, under no circumstances shall such a proceeding be initiated more than five
years from the date of the act or omission.
(2)If the nature of the complaint is based on an intentional act or omission, no
proceeding may be initiated after two years from discovery by the complainant.
However, under no circumstances shall such a proceeding be initiated more than five
years from the date of the act or omission.
(3)If the nature of the complaint is based on fraud, no proceeding may be initiated after
two years from discovery by the complainant.
(4)If the nature of the complaint is based on a license or rules violation, no proceeding
may be initiated after five years from the date of the act or omission.
(5)In all cases where a complaint is filed with a professional or occupational board or
commission, the board or commission shall notify the licensee in writing of the
complaint within six months after the filing of the complaint or be barred from
further action thereon. The board or commission shall hold any required hearing
within six months after the notice of the hearing, but this period may be interrupted
by the filing of procedural motions.
Present law exempts certain professional and occupational boards and commissions from the
limitations of present law above. Proposed law retains present law and adds the La. State
Board of Practical Nurse Examiners, referred to hereafter as the "board", as a board which
is exempt from the above limitations.
Proposed law authorizes the board to require any applicant requesting issuance, renewal, or
reinstatement of any license or permit from the board, including permission to enroll as a
student in a clinical nursing course, to submit a full set of fingerprints as a condition of the
board's consideration of his application.
Present law provides that upon request by the board, the La. Bureau of Criminal
Identification and Information of the office of state police shall conduct a search of its
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criminal history record information relative to the person applying to the board and report
the results of its search to the board within 60 days after receipt of the request.
Proposed law retains present law and provides that if the criminal history record information
reported by the La. Bureau of Criminal Identification and Information does not provide
grounds for disqualification of the applicant for licensure under the applicable law
administered by the board, the board shall have the authority to forward the applicant's
fingerprints and such other identifying information as may be required to the Federal Bureau
of Investigation with a request for a search of national criminal history record information
relative to the applicant.
(Amends R.S. 37:969(B)(intro. para.) and (4)(a) and (c) and 969.1(B)-(D); Adds R.S.
37:21(B)(11) and 969(B)(4)(d))
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