Louisiana 2022 2022 Regular Session

Louisiana House Bill HB334 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 334 Engrossed	2022 Regular Session	Duplessis
Abstract:  Provides relative to the role of peer support specialists in behavioral healthcare and
authorizes hiring by behavioral healthcare providers of such personnel who have been
convicted of certain offenses.
Proposed law provides that, for its purposes, "peer support specialist" means a behavioral health staff
member who possesses lived experience with his own behavioral health condition and with
navigating the behavioral health services network who seeks employment with a behavioral
healthcare facility or program serving people with behavioral health conditions.
Proposed law stipulates that its provisions shall apply exclusively to peer support specialists
employed or contracted with a behavioral health services provider licensed by the La. Department
of Health, and shall not be construed to apply to any other person or any licensed personnel.
Proposed law provides that a person shall not be prohibited or disqualified from employment as a
peer support specialist with a licensed behavioral health services provider if the person's criminal
background check reveals he has been convicted of one of the following offenses and he meets other
requirements specified in proposed law:
(1)Mingling harmful substances (R.S. 14:38.1).
(2)Theft (R.S. 14:67).
(3)Distribution or possession with the intent to distribute controlled dangerous substances (R.S.
40:961 et seq.).
Proposed law provides further that if a person has been convicted of an offense listed above, he may
not be employed as a peer support specialist with a behavioral health services provider unless he
meets all of the following requirements:
(1)No less than three years prior to being hired as a peer support specialist, the person
satisfactorily completed his sentence or was lawfully released from confinement, supervision,
or probation imposed by a court for the person's most recent conviction for an offense listed
in proposed law.
(2)After satisfactorily completing his sentence or after being lawfully released from
confinement, supervision, or probation for his most recent conviction for an offense listed in proposed law, the person successfully completed all training and requirements established
by the La. Department of Health for a peer support specialist.
Proposed law stipulates that nothing therein shall be construed as creating an obligation upon an
employer to offer employment to a person.
(Amends R.S. 40:1203.3(A)(intro. para.); Adds R.S. 40:1203.3(E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Change from five years to three years the amount of time that shall have passed since the
completion of a person's sentence before that person may be hired as a peer support
specialist.