ENROLLED
2016 Regular Session
HOUSE RESOLUTION NO. 222
BY REPRESENTATIVE HOFFMANN
A RESOLUTION
To urge and request the Department of Health and Hospitals to evaluate and report on the
economic impact of prospective employee criminal background check costs on
licensed healthcare agencies.
WHEREAS, the use of criminal background checks in employment helps ensure
greater public safety and health; and
WHEREAS, the use of criminal background checks assists employers in making
more informed and more appropriate hiring and employment decisions; and
WHEREAS, criminal background checks on job applicants are a common and
increasing practice by employers to protect their employees, their customers, and the public,
to minimize their exposure to potential legal liability, and to protect their assets; and
WHEREAS, R.S. 40:1203.2 requires a healthcare agency licensed by the Department
of Health and Hospitals to request that a criminal history and security check be conducted
prior to making an offer to employ or to contract with a nonlicensed person or licensed
ambulance personnel to provide nursing care, health-related services, medic services, or
supportive assistance to any individual; and
WHEREAS, licensed healthcare agencies are authorized to obtain the criminal
history record maintained by the Louisiana Bureau of Criminal Identification and
Information of a nonlicensed person or any licensed ambulance personnel offering to provide
nursing care, health-related services, or supportive services to any individual; and
WHEREAS, pursuant to R.S. 15:587, a licensed healthcare agency must pay a
separate fee of twenty-six dollars for each state criminal history check performed by the
Louisiana Bureau of Criminal Identification and Information; and
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WHEREAS, pursuant to R.S. 23:897, employers are prohibited from requiring an
applicant for employment to pay the cost of fingerprinting, a medical examination, or a drug
test or the cost of furnishing any records available to the employer or required by the
employer as a condition of employment; and
WHEREAS, high turnover rates in some healthcare industries can greatly impact
licensed healthcare agencies who may find themselves repeatedly paying for a pre-
employment criminal background check for the same positions; and
WHEREAS, reasonable and responsible attempts to protect at-risk populations such
as youth, the elderly, persons with a disability, and those receiving other services from
licensed healthcare agencies are appropriate and necessary, and reliable criminal background
checks can be a critically important safeguard in this regard.
THEREFORE, BE IT RESOLVED that the House of Representatives of the
Legislature of Louisiana does hereby urge and request the Department of Health and
Hospitals to evaluate and report on the economic impact of prospective employee criminal
background check costs on licensed healthcare agencies.
BE IT FURTHER RESOLVED that the report shall include detailed
recommendations for policy changes and legislation that can be implemented to address the
economic impact of prospective employee criminal background check costs on licensed
healthcare agencies.
BE IT FURTHER RESOLVED that the department shall submit a report of its
findings and recommendations to the House of Representatives no later than February 1,
2017.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
secretary of the Department of Health and Hospitals.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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