2006 Louisiana Laws - RS 40:1300.51 — Definitions

PART XLV.  CRIMINAL HISTORY CHECKS ON

NONLICENSED PERSONS AND LICENSED

AMBULANCE PERSONNEL

§1300.51.  Definitions

For the purposes of this Part:

(1)  "Department" means the Department of Health and Hospitals.

(2)  "Employer" means any of the following facilities, agencies, or programs:

(a)  A nursing home, as defined in R.S. 40:2009.2.

(b)  An intermediate care facility for people with developmental disabilities.

(c)  An adult residential care home, as defined in R.S. 40:2153.

(d)  An adult day care center, as defined in R.S. 46:1972.

(e)  A home health agency, as defined in R.S. 40:2009.31.

(f)  A hospice, as defined in R.S. 40:2182.

(g)  An ambulance service as defined in R.S. 40:1299.41(A)(16).

(h)  A personal care attendant services agency, as defined in R.S. 46:2682.

(i)  A respite care services agency, as defined in R.S. 46:2682.

(j)  A supervised independent living program, as defined in R.S. 46:2682.

(k)  A nonemergency, nonambulance medical transportation facility or entity.

(l)  A Medicaid Personal Care Services or Section 1915(c) Home and Community-based Services Waiver Program.

(m)  Any other direct service worker as defined in R.S. 40:2179 and 2179.1.

(3)  "Nonlicensed person" means any person who provides for compensation nursing care or other health-related services to residents in a nursing facility, intermediate care facility for people with developmental disabilities, adult residential care facility, or adult day care center, personal care attendant services agency, respite care services agency, or supervised independent living program and who is not a licensed health provider.  "Nonlicensed 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, personal care attendant services agency, respite care services agency, or supervised independent living program.  "Nonlicensed person" also means any person employed as a driver by or who contracts as a driver with a nonemergency, non-ambulance transportation facility or entity.

(4)  "Office" means the office of state police within the Department of Public Safety and Corrections.

(5)  "Licensed ambulance personnel" means personnel who provide for compensation or volunteer services of care as a certified emergency medical service professional including certified emergency medical technician - basic, certified emergency medical technician - intermediate, certified emergency medical technician - paramedic, or certified first responder.  Nothing herein shall pertain to any licensed ambulance personnel working for a nursing home, intermediate care facility for people with developmental disabilities, adult residential care home, adult day care center, home health agency, or hospice.

(6)  "Authorized agency" means a private entity authorized by the office of state police to conduct the criminal history checks provided for in this Part.  Nothing herein shall be construed as expanding the access to confidential law enforcement records of the state of Louisiana or its political subdivisions or authorizing access by said agency to the computerized records of law enforcement agencies.

Acts 1993, No. 594, §1, eff. August 15, 1994; Acts 1995, No. 917, §1, eff. June 28, 1995; Acts 1997, No. 753, §1; Acts 2004, No. 299, §1, eff. June 18, 2004; Acts 2004, No. 797, §1, eff. July 8, 2004; Acts 2005, No. 306, §2, eff. June 29, 2005; Acts 2006, No. 163, §2.