Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVIII - Emergency Medical Services Professionals › Subpart 1 - Rules of Procedure › Chapter 3 - Licensure and Certification › Section XXXVIII-306 - Pre-Application Eligibility Determination

Current through Register Vol. 50, No. 6, June 20, 2024
A. An individual convicted of a crime may
				  request at any time, including before obtaining any required education or
				  training, a determination as to whether the individual's criminal conviction(s)
				  disqualify the individual from licensure or certification by the bureau.
1. The individual making the request shall
				  provide to the bureau all pertinent information and documents pertaining to the
				  conviction(s), including any information relevant to the factors provided in
				  R.S.
				  37:2950. Any such request shall list and
				  include all of the individual's convictions, regardless of jurisdiction and
				  regardless of subsequent pardon or expungement, through the date of the
				  request. After initial receipt of the request, the bureau may require that the
				  individual submit additional pertinent information or documents.
2. The process for submitting the request and
				  associated documents is posted on the bureau's website (URL:
https://ldh.la.gov/subhome/28
).
				  Alternatively, the request may be made in writing and mailed to the Bureau at
				  7273 Florida Blvd., Baton Rouge, LA 70806.
3. The individual making the request shall
				  also provide to the bureau the individual's pertinent identifying information,
				  including date of birth, social security number, and driver's license
				  number.
4. The individual making
				  the request shall provide a valid email address to which the bureau may send
				  correspondence related to the request, including the determination as to
				  whether the individual is disqualified.
5. Within 45 days after receipt of the
				  request and all pertinent information and documents, including additional
				  information or documents requested by the bureau pursuant to A.1. of this
				  Section, or within 45 days of receipt by the bureau of any criminal background
				  check provided or requested by the individual, whichever is later, the bureau
				  shall send notification to the individual concerning whether, based on the
				  criminal information submitted, the individual is disqualified from receiving
				  or possessing a license from the bureau. This determination, which may be
				  disseminated to the requesting individual by email, shall be one of the
				  following:
a. The conviction(s) do not make
				  the individual ineligible to be licensed ("not ineligible"). Such
				  determinations include instances where licensing may be necessarily accompanied
				  by concurrent initial probation, per the Commission's Deferred Decision Matrix
				  or Commission Review Panel, unless a requested hearing before the commission
				  determines otherwise.
b. The
				  conviction(s) make the individual presumptively ineligible to be licensed, in
				  which case the following information shall be provided to the individual:
i. specific conviction(s) that constitute the
				  basis for the presumptive ineligibility;
ii. reasons the conviction(s) are directly
				  related to the license, using the factors set forth in La.
				  R.S.
				  37:2950;
iii. right to submit within 60 days
				  additional documentation or evidence relevant to each of the factors listed in
				  R.S.
				  37:2950 concerning the conviction(s) upon
				  which the presumptive ineligibility is based; and
iv. date of eligibility to apply or reapply
				  for a license.
5. An individual who is informed that the
				  conviction(s) at issue make him presumptively ineligible is entitled to a
				  hearing ("appeal") before the commission concerning such determination.
a. Such individual shall be placed on the
				  agenda for a formal hearing at the next regularly scheduled meeting of the
				  commission, but may decline such a hearing if s/he does not wish to proceed. If
				  the 60 day period for providing additional documentation or evidence, as
				  provided in Subsection A.4.b.iii of this Section, expires after the next
				  scheduled meeting, the individual may request that the hearing be postponed
				  until the subsequent regularly scheduled meeting.
6. A determination of "not ineligible" made
				  pursuant to this Section is binding upon the Bureau unless the individual is
				  convicted of a subsequent crime between the inquiry period and the time of
				  license application, has pending criminal charges at the time of license
				  application, or has undisclosed criminal convictions not revealed at the time
				  of inquiry.