SLS 19RS-160 ORIGINAL
2019 Regular Session
SENATE BILL NO. 19
BY SENATOR BOUDREAUX
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH DEPARTMENT. Provides relative to criminal history record information
obtained by the Louisiana State Board of Medical Examiners. (8/1/19)
1 AN ACT
2 To enact R.S. 37:1338.1, 1360.53.1, 1360.104.1, and 2863.1, relative to the authority of the
3 Louisiana State Board of Medical Examiners to request and obtain state and national
4 criminal history record information from certain state and federal agencies on any
5 person applying for a license, registration, certificate, or permit to practice as a
6 perfusionist, medical psychologist, genetic counselor, or polysomnographic health
7 professional in this state; to provide for authority to collect fees and costs from an
8 applicant for requesting and obtaining any criminal history record information; to
9 provide for definitions; to provide for confidentiality of information; to provide for
10 the release of such information upon written consent of the applicant or by court
11 order; to provide for rulemaking authority; and to provide for related matters.
12 Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 37:1338.1, 1360.53.1, 1360.104.1, and 2863.1 are hereby enacted to
14 read as follows:
15 §1338.1. Authorization to obtain criminal history record information
16 A. As used in this Section, the following terms shall have the following
17 meaning:
Page 1 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 19
SLS 19RS-160 ORIGINAL
1 (1) "Applicant" means an individual who has made application to the
2 board for the issuance or reinstatement of any license, registration, certificate,
3 permit, or any other designation deemed necessary to practice as a perfusionist
4 in this state that the board is authorized by law to issue.
5 (2) "Bureau" means the Louisiana Bureau of Criminal Identification and
6 Information of the office of state police within the Department of Public Safety
7 and Corrections.
8 (3) "Criminal history record information" means information collected
9 by state and federal criminal justice agencies on individuals consisting of
10 identifiable descriptions and notations of arrests, detentions, indictments, bills
11 of information, or any formal criminal charges, and any disposition arising
12 therefrom, including sentencing, criminal correctional supervision, and release,
13 but does not include intelligence for investigatory purposes, nor does it include
14 any identification information which does not indicate involvement of the
15 individual in the criminal justice system.
16 (4) "FBI" means the Federal Bureau of Investigation of the United States
17 Department of Justice.
18 (5) "Licensure" means the granting of any license, permit, certification,
19 or registration that the board is authorized to issue pursuant to this Part.
20 B. In addition to any other requirements established by regulation, the
21 board shall require an applicant, as a condition of licensure:
22 (1) To submit a full set of fingerprints, in a form and manner prescribed
23 by the board.
24 (2) To permit the board to request and obtain state and national criminal
25 history record information on the applicant.
26 (3) To pay, in addition to all other applicable fees and costs, such amount
27 as may be incurred by the board in requesting and obtaining state and national
28 criminal history record information on the applicant.
29 C. In accordance with the provisions and procedures prescribed by this
Page 2 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 19
SLS 19RS-160 ORIGINAL
1 Section, the board shall request and obtain state and national criminal history
2 record information from the bureau and the FBI relative to any applicant for
3 licensure whose fingerprints the board has obtained pursuant to this Section for
4 the purpose of determining the applicant's suitability and eligibility for
5 licensure.
6 D. Upon request by the board and upon the board's submission of an
7 applicant's fingerprints and such other identifying information as may be
8 required, the bureau shall conduct a search of its criminal history record
9 information relative to the applicant and report the results of its search to the
10 board within sixty days from receipt of any such request. The bureau may
11 charge the board a processing fee for conducting and reporting on any such
12 search.
13 E. If the criminal history record information reported by the bureau to
14 the board does not provide grounds for disqualification of the applicant for
15 licensure under the applicable law administered by the board, the board shall
16 have the authority to forward the applicant's fingerprints and such other
17 identifying information as may be required to the FBI with a request for a
18 search of national criminal history record information relative to the applicant.
19 F. Any and all state or national criminal history record information
20 obtained by the board from the bureau or FBI which is not already a matter of
21 public record shall be deemed nonpublic and confidential information restricted
22 to the exclusive use of the board, its members, officers, investigators, agents,
23 and attorneys for the purpose of evaluating the applicant's eligibility or
24 disqualification for licensure. No such information or records related thereto
25 shall, except with the written consent of the applicant or by order of a court of
26 competent jurisdiction, be released or otherwise disclosed by the board to any
27 other person or agency.
28 * * *
29 §1360.53.1. Authorization to obtain criminal history record information
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 19
SLS 19RS-160 ORIGINAL
1 A. As used in this Section, the following terms shall have the following
2 meaning:
3 (1) "Applicant" means an individual who has made application to the
4 board for the issuance or reinstatement of any license, registration, certificate,
5 permit, or any other designation deemed necessary to practice as a medical
6 psychologist in this state that the board is authorized by law to issue.
7 (2) "Bureau" means the Louisiana Bureau of Criminal Identification and
8 Information of the office of state police within the Department of Public Safety
9 and Corrections.
10 (3) "Criminal history record information" means information collected
11 by state and federal criminal justice agencies on individuals consisting of
12 identifiable descriptions and notations of arrests, detentions, indictments, bills
13 of information, or any formal criminal charges, and any disposition arising
14 therefrom, including sentencing, criminal correctional supervision, and release,
15 but does not include intelligence for investigatory purposes, nor does it include
16 any identification information which does not indicate involvement of the
17 individual in the criminal justice system.
18 (4) "FBI" means the Federal Bureau of Investigation of the United States
19 Department of Justice.
20 (5) "Licensure" means the granting of any license, permit, certification,
21 or registration that the board is authorized to issue pursuant to this Part.
22 B. In addition to any other requirements established by regulation, the
23 board shall require an applicant, as a condition of licensure:
24 (1) To submit a full set of fingerprints, in a form and manner prescribed
25 by the board.
26 (2) To permit the board to request and obtain state and national criminal
27 history record information on the applicant.
28 (3) To pay, in addition to all other applicable fees and costs, such amount
29 as may be incurred by the board in requesting and obtaining state and national
Page 4 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 19
SLS 19RS-160 ORIGINAL
1 criminal history record information on the applicant.
2 C. In accordance with the provisions and procedures prescribed by this
3 Section, the board shall request and obtain state and national criminal history
4 record information from the bureau and the FBI relative to any applicant for
5 licensure whose fingerprints the board has obtained pursuant to this Section for
6 the purpose of determining the applicant's suitability and eligibility for
7 licensure.
8 D. Upon request by the board and upon the board's submission of an
9 applicant's fingerprints and such other identifying information as may be
10 required, the bureau shall conduct a search of its criminal history record
11 information relative to the applicant and report the results of its search to the
12 board within sixty days from receipt of any such request. The bureau may
13 charge the board a processing fee for conducting and reporting on any such
14 search.
15 E. If the criminal history record information reported by the bureau to
16 the board does not provide grounds for disqualification of the applicant for
17 licensure under the applicable law administered by the board, the board shall
18 have the authority to forward the applicant's fingerprints and such other
19 identifying information as may be required to the FBI with a request for a
20 search of national criminal history record information relative to the applicant.
21 F. Any and all state or national criminal history record information
22 obtained by the board from the bureau or FBI which is not already a matter of
23 public record shall be deemed nonpublic and confidential information restricted
24 to the exclusive use of the board, its members, officers, investigators, agents,
25 and attorneys for the purpose of evaluating the applicant's eligibility or
26 disqualification for licensure. No such information or records related thereto
27 shall, except with the written consent of the applicant or by order of a court of
28 competent jurisdiction, be released or otherwise disclosed by the board to any
29 other person or agency.
Page 5 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 19
SLS 19RS-160 ORIGINAL
1 * * *
2 §1360.104.1. Authorization to obtain criminal history record information
3 A. As used in this Section, the following terms shall have the following
4 meaning:
5 (1) "Applicant" means an individual who has made application to the
6 board for the issuance or reinstatement of any license, registration, certificate,
7 permit, or any other designation deemed necessary to engage in the practice of
8 genetic counseling in this state that the board is authorized by law to issue.
9 (2) "Bureau" means the Louisiana Bureau of Criminal Identification and
10 Information of the office of state police within the Department of Public Safety
11 and Corrections.
12 (3) "Criminal history record information" means information collected
13 by state and federal criminal justice agencies on individuals consisting of
14 identifiable descriptions and notations of arrests, detentions, indictments, bills
15 of information, or any formal criminal charges, and any disposition arising
16 therefrom, including sentencing, criminal correctional supervision, and release,
17 but does not include intelligence for investigatory purposes, nor does it include
18 any identification information which does not indicate involvement of the
19 individual in the criminal justice system.
20 (4) "FBI" means the Federal Bureau of Investigation of the United States
21 Department of Justice.
22 (5) "Licensure" means the granting of any license, permit, certification,
23 or registration that the board is authorized to issue pursuant to this Part.
24 B. In addition to any other requirements established by regulation, the
25 board shall require an applicant, as a condition of licensure:
26 (1) To submit a full set of fingerprints, in a form and manner prescribed
27 by the board.
28 (2) To permit the board to request and obtain state and national criminal
29 history record information on the applicant.
Page 6 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 19
SLS 19RS-160 ORIGINAL
1 (3) To pay, in addition to all other applicable fees and costs, such amount
2 as may be incurred by the board in requesting and obtaining state and national
3 criminal history record information on the applicant.
4 C. In accordance with the provisions and procedures prescribed by this
5 Section, the board shall request and obtain state and national criminal history
6 record information from the bureau and the FBI relative to any applicant for
7 licensure whose fingerprints the board has obtained pursuant to this Section for
8 the purpose of determining the applicant's suitability and eligibility for
9 licensure.
10 D. Upon request by the board and upon the board's submission of an
11 applicant's fingerprints and such other identifying information as may be
12 required, the bureau shall conduct a search of its criminal history record
13 information relative to the applicant and report the results of its search to the
14 board within sixty days from receipt of any such request. The bureau may
15 charge the board a processing fee for conducting and reporting on any such
16 search.
17 E. If the criminal history record information reported by the bureau to
18 the board does not provide grounds for disqualification of the applicant for
19 licensure under the applicable law administered by the board, the board shall
20 have the authority to forward the applicant's fingerprints and such other
21 identifying information as may be required to the FBI with a request for a
22 search of national criminal history record information relative to the applicant.
23 F. Any and all state or national criminal history record information
24 obtained by the board from the bureau or FBI which is not already a matter of
25 public record shall be deemed nonpublic and confidential information restricted
26 to the exclusive use of the board, its members, officers, investigators, agents,
27 and attorneys for the purpose of evaluating the applicant's eligibility or
28 disqualification for licensure. No such information or records related thereto
29 shall, except with the written consent of the applicant or by order of a court of
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 19
SLS 19RS-160 ORIGINAL
1 competent jurisdiction, be released or otherwise disclosed by the board to any
2 other person or agency.
3 * * *
4 §2863.1. Authorization to obtain criminal history record information
5 A. As used in this Section, the following terms shall have the following
6 meaning:
7 (1) "Applicant" means an individual who has made application to the
8 board for the issuance or reinstatement of any license, registration, certificate,
9 permit, or any other designation deemed necessary to engage in the practice of
10 polysomnography in this state that the board is authorized by law to issue.
11 (2) "Bureau" means the Louisiana Bureau of Criminal Identification and
12 Information of the office of state police within the Department of Public Safety
13 and Corrections.
14 (3) "Criminal history record information" means information collected
15 by state and federal criminal justice agencies on individuals consisting of
16 identifiable descriptions and notations of arrests, detentions, indictments, bills
17 of information, or any formal criminal charges, and any disposition arising
18 therefrom, including sentencing, criminal correctional supervision, and release,
19 but does not include intelligence for investigatory purposes, nor does it include
20 any identification information which does not indicate involvement of the
21 individual in the criminal justice system.
22 (4) "FBI" means the Federal Bureau of Investigation of the United States
23 Department of Justice.
24 (5) "Licensure" means the granting of any license, permit, certification,
25 or registration that the board is authorized to issue pursuant to this Chapter.
26 B. In addition to any other requirements established by regulation, the
27 board shall require an applicant, as a condition of licensure:
28 (1) To submit a full set of fingerprints, in a form and manner prescribed
29 by the board.
Page 8 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 19
SLS 19RS-160 ORIGINAL
1 (2) To permit the board to request and obtain state and national criminal
2 history record information on the applicant.
3 (3) To pay, in addition to all other applicable fees and costs, such amount
4 as may be incurred by the board in requesting and obtaining state and national
5 criminal history record information on the applicant.
6 C. In accordance with the provisions and procedures prescribed by this
7 Section, the board shall request and obtain state and national criminal history
8 record information from the bureau and the FBI relative to any applicant for
9 licensure whose fingerprints the board has obtained pursuant to this Section for
10 the purpose of determining the applicant's suitability and eligibility for
11 licensure.
12 D. Upon request by the board and upon the board's submission of an
13 applicant's fingerprints and such other identifying information as may be
14 required, the bureau shall conduct a search of its criminal history record
15 information relative to the applicant and report the results of its search to the
16 board within sixty days from receipt of any such request. The bureau may
17 charge the board a processing fee for conducting and reporting on any such
18 search.
19 E. If the criminal history record information reported by the bureau to
20 the board does not provide grounds for disqualification of the applicant for
21 licensure under the applicable law administered by the board, the board shall
22 have the authority to forward the applicant's fingerprints and such other
23 identifying information as may be required to the FBI with a request for a
24 search of national criminal history record information relative to the applicant.
25 F. Any and all state or national criminal history record information
26 obtained by the board from the bureau or FBI which is not already a matter of
27 public record shall be deemed nonpublic and confidential information restricted
28 to the exclusive use of the board, its members, officers, investigators, agents,
29 and attorneys for the purpose of evaluating the applicant's eligibility or
Page 9 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 19
SLS 19RS-160 ORIGINAL
1 disqualification for licensure. No such information or records related thereto
2 shall, except with the written consent of the applicant or by order of a court of
3 competent jurisdiction, be released or otherwise disclosed by the board to any
4 other person or agency.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SB 19 Original 2019 Regular Session Boudreaux
Present law authorizes the Louisiana State Board of Medical Examiners (LSBME) to
regulate perfusionists, medical psychologists, genetic counselors, and polysomnographic
health professionals. Proposed law authorizes the LSBME to request and obtain state and
national criminal history record information as a requirement of application for license,
registration, certificate, or permit to practice in this state.
Proposed law provides that the LSBME shall request and obtain state and national criminal
history record information from the Louisiana Bureau of Criminal Identification and
Information of the office of state police within the Department of Public Safety and
Corrections and the Federal Bureau of Investigation of the United States Department of
Justice.
Proposed law provides that the LSBME, in addition to any other requirements established
by regulation, shall require an applicant, as a condition of licensure to submit a full set of
fingerprints, in a form and manner prescribed by the board, permit the board to request and
obtain state and national criminal history record information on the applicant, and pay, in
addition to all other applicable fees and costs, such amount as may be incurred by the board
in requesting and obtaining state and national criminal history record information on the
applicant.
Proposed law provides for confidentiality of criminal history information obtained by
LSBME and provides for the release of such information upon written consent of the
applicant or by court order.
Proposed law provides for rulemaking.
Effective August 1, 2019.
(Adds R.S. 37:1338.1, 1360.53.1, 1360.104.1, and 2863.1)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.