2009 Louisiana Laws TITLE 40 Public health and safety :: RS 40:1300.53 Refusal to hire or contract; termination of employment; exemption; appeal procedure; waiver

§1300.53.  Refusal to hire or contract; termination of employment; exemption; appeal procedure; waiver

A.(1)  Except as otherwise provided in R.S. 40:1300.52(C), if the results of a criminal history check reveal that any licensed ambulance personnel or nonlicensed person has been convicted of any of the following offenses, the employer shall not hire or contract with such person:

(a)  Any crime of violence as enumerated by R.S. 14:2(B), R.S. 14:34.7, R.S. 14:35, R.S. 14:36, R.S. 14:37.1, R.S. 14:37.4, R.S. 14:38, R.S. 14:41, R.S. 14:43.3, R.S. 14:43.5, R.S. 14:52 through R.S. 14:54.4, R.S. 14:64.3, R.S. 14:64.4, R.S. 14:78, R.S. 14:80 through R.S. 14:83.3, R.S. 14:86, R.S. 14:89, R.S. 14:93, R.S. 14:93.3 through 14:93.5, R.S. 14:102.1, R.S. 14:282, R.S. 14:286, or distribution or possession with the intent to distribute controlled dangerous substances as listed in Schedules I through V of the Uniform Controlled Dangerous Substances Act.

(b)  An attempt or conspiracy to commit any of the offenses listed in Subparagraph (1)(a) of this Subsection.

(2)  If the results of a criminal history check reveal that any licensed ambulance personnel or nonlicensed person has been convicted of any of the following offenses, the employer may refuse to hire or contract with such person:

(a)  R.S. 14:55, R.S. 14:60 through R.S. 14:62.3, R.S. 14:74, R.S. 14:79.1, R.S. 14:83.4 through R.S. 14:85.1, R.S. 14:92, R.S. 14:93.2.1, or R.S. 14:106.

(b)  An attempt or conspiracy to commit any of the offenses listed in Subparagraph (1)(a) of this Subsection.

B.(1)  If the results of a criminal history check reveal that a nonlicensed person or any licensed ambulance personnel hired on a temporary basis or any other person who is an employee has been convicted of any of the offenses listed in Subsection A of this Section, the employer shall immediately terminate the person's employment.

(2)  The provisions of this Subsection shall not apply to an employee or contract provider who has been employed for twenty-four months of the preceding thirty-six months, or a person who has received a pardon of the conviction.

C.(1)  The employer may waive the provisions of this Part, unless the licensed ambulance personnel or nonlicensed person has been convicted of any crime as enumerated by R.S. 14:31, 34, 34.7, 35.2, 37, 37.1, 37.4, 42.1, 43.1, 44.2, 64, 80, 81.2, 93, 93.3, 93.4, or 93.5.  If the licensed ambulance personnel or nonlicensed person has been convicted of any crime as enumerated by R.S. 14:31, 34, 34.7, 35.2, 37, 37.1, 37.4, 42.1, 43.1, 44.2, 64, 80, 81.2, 93, 93.3, 93.4, or 93.5, then the employer shall not hire or contract with such person and shall not grant a waiver to such person.

(2)  A waiver may be granted for mitigating circumstances, which shall include but not be limited to:

(a)  Age at which the crime was committed.

(b)  Circumstances surrounding the crime.

(c)  Length of time since the conviction.

(d)  Criminal history since the conviction.

(e)  Work history.

(f)  Current employment references.

(g)  Character references.

(h)  Nurse aide registry records.

(i)  Other evidence demonstrating the ability of the person to perform the employment responsibilities competently and that the person does not pose a threat to the health or safety of patients or clients.

(3)  The granting of a waiver shall not be construed as creating an obligation upon an employer to offer permanent employment to such person.

Acts 1993, No. 594, §1, eff. August 15, 1994; Acts 1995, No. 917, §1, eff. June 28, 1995; Acts 1997, No. 544, §1; Acts 2001, No. 751, §1; Acts 2004, No. 662, §1; Acts 2009, No. 35, §1, eff. June 15, 2009.