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The following memo is in regards to performing criminal history checks on nonlicensed persons and licensed ambulance personnel, taken from the Louisiana Department of Health (Health Standards Section) - the original memo can be found here.
The Louisiana Office of State Police, Bureau of Criminal Identification and Information (Bureau), is the State’s designated repository for criminal history information pursuant to the laws cited in La. R.S. 15:575 et seq. Any criminal event that is documented by the submission of fingerprints to the State is stored in the Louisiana Computerized Criminal History (LACCH) database. The Bureau may only release criminal history information stored in LACCH for noncriminal justice purposes when authorized by law. The Bureau is authorized to release criminal history information stored in LACCH to those employers and Authorized Agencies defined in La. R.S. 40:1203.1 as required by La. R.S. 40:1203.2.
Employers may request criminal history information stored in LACCH in one of three ways: (1) use of the Bureau’s Internet Background Check (IBC) web (https://ibc.dps.louisiana.gov/), (2) via Authorized Agents, and (3) submission of applicants’ fingerprints.
Employers and Authorized Agencies may establish an account with the Bureau to use the IBC, which is a web-based application that allows for name-based, criminal background checks. If the Bureau cannot match any of the applicant’s descriptors, such as name, DOB, SSN, etc., a letter stating no disqualifying information was found is issued. Additionally, if the applicant may have criminal history, fingerprints will be required for positive identification before the history is released.
Authorized Agents may also run name-based background checks on applicants defined in La. R.S. 1203.1 through a local law enforcement agency. Local law enforcement agencies are only authorized to query LACCH. They are not authorized to request criminal history information through the FBI’s federal, criminal history database or records stored in the National Crime Information Center (NCIC) database.
Pursuant to La. R.S. 40:1203.7, Authorized Agencies must be domiciled in the state of Louisiana and must be certified by the La. Secretary of State’s office. Authorized Agents must also be certified by the Bureau. Companies that perform background check services that are not domiciled in Louisiana nor certified through the Secretary of State’s office and the Bureau are not authorized to request or receive criminal history information stored in LACCH. Additionally, Authorized Agents are not authorized to request criminal history information on behalf of national background check companies. La. R.S. 15:579 mandates the Bureau to issue rules and regulations consistent with the U.S. Dept. of Justice governing the privacy and security of criminal history records. To meet this requirement, the Bureau has adopted rules and regulations including those described in 28 Code of Federal Regulations (CFR) 20.21 which limits the release of criminal history information to only those agencies authorized by statute. Employers may contact LDH or the Bureau for a current list of Authorized Agencies.
Employers may also require applicants to submit fingerprints to the Bureau. Employers may contact the Bureau for more information regarding this service.
For more information, contact the LSP Bureau at (225) 925-6095 (Applicant Processing Section), or by mail at P.O. Box 66614, #A-6, Baton Rouge, LA 70896-6614.
The following memo is for the reference of LDH-HSS Licensed Health Care Providers, taken from the Louisiana Department of Health (Health Standards Section) - the original memo can be found here.
In accordance with Act 311 of the 2016 Regular Legislative Session and consistent with the Louisiana Department of Health (LDH) Legal Services, the LDH-Health Standards Section (HSS) is issuing this notice to all applicable HSS licensed health care providers:
Effective June 2, 2016, Act 311 amended La RS 40:1203.1-2 requiring that licensed health care providers shall request that a criminal history and security check be conducted on the non-licensed person, prior to any employer making an offer to employ or to contract with a non-licensed person or any licensed ambulance personnel to provide nursing care, health-related services, medic services, or supportive assistance to any individual and in accordance with La RS 40:1203.1-5.
"Non-licensed person" means any person who provides for compensation nursing care or other health-related services directly related to patient care to residents in or patients of a nursing facility, intermediate care facility for people with developmental disabilities, adult residential care facility or provider, pediatric day healthcare facility, adult day healthcare center, psychiatric residential treatment facility, end stage renal disease facility, behavioral health services provider, home health agency, hospice agency, provider of ambulance services, hospital, adult brain injury facility, crisis receiving center, pain management clinic, outpatient abortion facility, rural health clinic, ambulatory surgical center, therapeutic group home, forensic supervised transitional residential and aftercare facility, case management provider, or home- and communitybased service provider and who is not a licensed health provider. "Non-licensed person" also means any person who provides such services to individuals in their own homes as an employee or contract provider of a home health agency, hospice, or home- and community-based service provider. "Non-licensed person" also means any other direct service worker as defined in R.S. 40:2179 and 2179.1.
The following links are provided for your information:
http://legis.la.gov/Legis/Law.aspx?d=964762
http://legis.la.gov/Legis/BillInfo.aspx?s=16RS&b=ACT311&sbi=y
http://legis.la.gov/Legis/ViewDocument.aspx?d=1015324
From this date forward, the department expects providers to be in compliance with La RS 40:2013.1-5 for any employees hired after the date of this notice. If you have any questions regarding your responsibility related to this notice, please contact the LDHHSS Program Desk for your provider type at (225)342-0138 or 1(800)798-8675.
It is the responsibility of all employers that employ nonlicensed persons or ambulance personnel to know which convictions bar employment.
Louisiana RS 40:1203.3 covers criminal convictions that bar an employer from hiring a nonlicensed person or ambulance personnel.
Below you will find the complete enumerated offenses list.
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