SLS 202ES-77 ORIGINAL
2020 Second Extraordinary Session
SENATE BILL NO. 53
BY SENATOR MCMATH
EMPLOYMENT. Provides for the rehiring of nonlicensed persons by certain health care
providers required to temporarily close during a public health emergency. (gov sig)
(Item #28)
1 AN ACT
2 To enact R.S. 40:1203.2(C)(3) and (4), relative to the employment of nonlicensed persons
3 by adult day health care providers; to provide for an exemption from the criminal
4 history and security check requirement for certain rehired persons; to provide for an
5 exemption from a preemployment drug screening test for certain rehired persons; to
6 provide for an effective date; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:1203.2(C)(3) and (4) are hereby enacted to read as follows:
9 ยง1203.2. Employment of nonlicensed persons and licensed ambulance personnel;
10 training program enrollment of nonlicensed persons; mandatory
11 criminal history and security checks; temporary employment; notice
12 to applicants
13 * * *
14 C. * * *
15 (3) Notwithstanding any other provision of law to the contrary, a
16 nonprofit adult day health care provider may make an offer of employment to
17 a nonlicensed person without conducting the criminal history and security
18 check required pursuant to this Part if all of the following conditions are met:
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SLS 202ES-77 ORIGINAL
1 (a) The nonlicensed person was employed by the nonprofit adult day
2 health care provider on March 22, 2020.
3 (b) The nonprofit adult day health care provider was required to
4 temporarily cease operations pursuant to Proclamation Number 33 JBE 2020,
5 or any subsequent proclamation declaring the existence of a statewide
6 COVID-19 public health emergency.
7 (c) The nonlicensed person is no longer employed by the nonprofit adult
8 day health care provider as a result of the temporary closure mandated
9 pursuant to Proclamation Number 33 JBE 2020, or any subsequent
10 proclamation declaring the existence of a statewide COVID-19 public health
11 emergency.
12 (d) The nonlicensed person is being rehired by the same nonprofit adult
13 day health care provider within sixty days of the provider resuming operations.
14 (e) The nonlicensed person provides a written attestation that he has not
15 been arrested or received a criminal conviction during the period from the date
16 the nonlicensed person was last employed by the nonprofit adult day health care
17 provider to the date of rehiring.
18 (4) Notwithstanding any other provision of law to the contrary, any
19 person exempt from a criminal history and security check pursuant to
20 Paragraph (3) of this Subsection shall also be exempt from a preemployment
21 drug screening test.
22 * * *
23 Section 2. This Act shall become effective upon signature by the governor or, if not
24 signed by the governor, upon expiration of the time for bills to become law without signature
25 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
26 vetoed by the governor and subsequently approved by the legislature, this Act shall become
27 effective on the day following such approval.
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SLS 202ES-77 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Brandi Cannon.
DIGEST
SB 53 Original 2020 Second Extraordinary Session McMath
Present law provides that an employer shall request for a criminal history and security check
to be conducted on a nonlicensed person or any licensed ambulance personnel prior to
making 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 but provides that a nonprofit adult day health care provider
may make an offer of employment to a nonlicensed person without conducting the criminal
history and security check required if all of the following conditions are met:
(1)The nonlicensed person was employed by the nonprofit adult day health care
provider on March 22, 2020.
(2)The nonprofit adult day health care provider was required to temporarily cease
operations pursuant to Proclamation No. 33 JBE 2020, or any subsequent
proclamation declaring the existence of a statewide COVID-19 public health
emergency.
(3)The nonlicensed person is no longer employed by the nonprofit adult day health care
provider as a result of the temporary closure mandated pursuant to Proclamation No.
33 JBE 2020, or any subsequent proclamation declaring the existence of a statewide
COVID-19 public health emergency.
(4)The nonlicensed person is being rehired by the same nonprofit adult day health care
provider within 60 days of the provider resuming operations.
(5)The nonlicensed person provides a written attestation that he has not been arrested
or received a criminal conviction during the period from the date the nonlicensed
person was last employed by the nonprofit adult day health care provider to the date
of rehiring.
Proposed law provides that any person exempt from a criminal history and security check
pursuant to proposed law shall also be exempt from a preemployment drug screening test.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 40:1203.2(C)(3) and (4))
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