2011 Louisiana Laws
Revised Statutes
TITLE 40 — Public health and safety
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) "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.

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

(3) "Employer" means any of the following facilities, agencies, providers, 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(d) Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

(e) A home health agency, as defined in R.S. 40:2116.31.

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

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

(h) A home- and community-based service provider, as defined in R.S. 40:2120.2.

(i) Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

(j) Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

(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.

(n) A pediatric day health care facility, as defined in R.S. 40:2193.1(B)(5).

(o) An adult residential care provider, as defined in R.S. 40:2166.3.

(4) "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, home- and community-based service provider, home health agency, or hospice.

(5) "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, pediatric day health care facility, adult residential care provider, or home- and community-based service provider 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, or home- and community-based service provider. "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.

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

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; Acts 2008, No. 839, §§3, 5, eff. July 8, 2008; Acts 2009, No. 35, §1, eff. June 15, 2009; Acts 2009, No. 381, §1, eff. July 6, 2009.