The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Brandi Cannon.
DIGEST
SB 53 Engrossed 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.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 40:1203.2(C)(3))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
original bill 1. Removes the exemption from a preemployment drug screening test.