RÉSUMÉ DIGEST
SB 53 2020 Second Extraordinary Session McMath
Prior law provided 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.
New law retains prior law but provides that any adult 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 health care provider on March 22,
2020.
(2)The 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 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 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 provider to the date of rehiring.
Effective upon signature of governor (November 5, 2020).
(Adds R.S. 40:1203.2(C)(3))