2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1203.3. Refusal to hire or contract; termination of employment; exceptions to hiring prohibition; appeal procedure; waiver

RS 40:1203.3 - Refusal to hire or contract; termination of employment; exceptions to hiring prohibition; appeal procedure; waiver
A. Except as otherwise provided in R.S. 40:1203.2(C) and Subsection E of this Section, no employer shall hire any licensed ambulance personnel or nonlicensed person when the results of a criminal history check reveal that the licensed ambulance personnel or nonlicensed person has been convicted of any of the following offenses:
(1) R.S. 14:28.1, 30, 30.1, 31, 32.6, 32.7, 32.12, 34, 34.1, 34.7, 35.2, 37, 37.1, 37.4, 38.1, 42, 42.1, 43, 43.1, 43.2, 43.3, 43.5, 44, 44.1, 46.2, 51, 60, 64, 64.1, 64.4, 66, 67.16, 89, 89.1, 93.3, 93.4, 93.5, 283.3 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.
(2) An attempt or conspiracy to commit any of the offenses listed in Paragraph (1) of this Subsection.
(3) The felony offense involving theft, pursuant to R.S. 14:67, or theft of assets of an aged person or person with a disability, pursuant to R.S. 14:67.21 in excess of five hundred dollars or in any case in which the offender has been previously convicted of theft, pursuant to R.S. 14:67, or theft of assets of an aged person or person with a disability, pursuant to R.S. 14:67.21, regardless of the value of the instant theft.
(4) An attempt or conspiracy to commit an offense listed in Paragraph (3) of this Subsection.
B. Additionally, except as otherwise provided in R.S. 40:1203.2(C), no employer who provides care or services to any person under the age of twenty-one shall hire any licensed ambulance personnel or nonlicensed person when the results of the criminal history check reveal that the licensed ambulance personnel or nonlicensed person has been convicted of any of the following offenses:
(1) R.S. 14:44.2, 80, 81.2, or 93.
(2) An attempt or conspiracy to commit any of the offenses listed in Paragraph (1) of this Subsection.
C. 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 or B of this Section, the employer shall immediately terminate the person's employment.
D.(1) The provisions of this Section shall not apply to a nonlicensed person or licensed ambulance personnel who was working under a waiver granted under the law in effect prior to August 15, 2010, so long as that person continues to be employed for the employer who granted the waiver and the person began employment for the employer prior to August 15, 2010, or a person who has received a pardon of the conviction or has had his conviction expunged.
(2) The employment prohibition provided for in this Section shall not apply to a state-certified hospice attendant as provided for in R.S. 40:2192.
E.(1) For purposes of this Subsection, "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.
(2) The provisions of this Subsection shall apply exclusively to peer support specialists employed or contracted with a behavioral health services provider licensed by the department and shall not be construed to apply to any other person or any licensed personnel.
(3) Notwithstanding any other provision of law, 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 an offense provided for in R.S. 14:38.1 or 67, or convicted of distribution or possession with the intent to distribute controlled dangerous substances listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law, R.S. 40:961 et seq., if that person meets all of the following requirements:
(a) 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 this Paragraph.
(b) 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 this Paragraph, the person successfully completed all training and requirements established by the office of behavioral health of the department for a peer support specialist as evidenced by a Notice of Completion of Training and Requirements issued by the office of behavioral health or its designee.
(4) Nothing in this Subsection shall be construed as creating an obligation upon an employer to offer employment to a person.
(5) The department shall promulgate rules in accordance with the Administrative Procedure Act relating to the training and requirements of peer support specialists for purposes of implementing this Subsection.
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; Acts 2010, No. 876, §1; Acts 2011, No. 133, §1, eff. June 24, 2011; Acts 2014, No. 413, §1, eff. June 4, 2014; Redesignated from R.S. 40:1300.53 by HCR 84 of 2015 R.S.; Acts 2019, No. 229, §1; Acts 2019, No. 393, §1; Acts 2022, No. 151, §1; Acts 2022, No. 271, §4.
NOTE: See Acts 2014, No. 413, §2, regarding retroactivity.