PART II. CRIMINAL HISTORY CHECKS ON

NONLICENSED PERSONS AND LICENSED

AMBULANCE PERSONNEL

§1203.1. 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 Louisiana Department of Health.

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

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

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

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

(d) A pain management clinic as defined in R.S. 40:2198.11.

(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. 40:1131.

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

(i) An ambulatory surgical center as defined in R.S. 40:2133.

(j) A crisis receiving center as defined in R.S. 40:2180.12.

(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 day health care provider as defined in R.S. 40:2120.42.

(p) A psychiatric residential treatment facility licensed pursuant to R.S. 40:2009.

(q) An end stage renal disease facility as defined in R.S. 40:2117.1.

(r) A behavioral health services provider as defined in R.S. 40:2153.

(s) An adult brain injury facility as defined in R.S. 40:2120.33.

(t) A rural health clinic as defined in R.S. 40:1185.3.

(u) A therapeutic group home licensed pursuant to R.S. 40:2009.

(v) A provider of case management services.

(w) A forensic supervised transitional residential and aftercare facility as defined in R.S. 28:32.

(x) An outpatient abortion facility as defined in R.S. 40:2175.3.

(y) A hospital as defined in R.S. 40:2102.

(4) "Licensed ambulance personnel" means personnel who provide services, either for compensation or volunteer services, as an emergency medical service practitioner, including licensed emergency medical technicians, licensed advanced emergency medical technicians, licensed paramedics, and licensed first emergency medical responders.

(5) "Nonlicensed person" means any person who provides for compensation nursing care or other health-related services directly related to patient care to residents in or patients of a nursing facility, intermediate care facility for people with developmental disabilities, adult residential care facility or provider, pediatric day health care facility, adult day health care center, psychiatric residential treatment facility, end stage renal disease facility, behavioral health services provider, home health agency, hospice agency, provider of ambulance services, hospital, adult brain injury facility, crisis receiving center, pain management clinic, outpatient abortion facility, rural health clinic, ambulatory surgical center, therapeutic group home, forensic supervised transitional residential and aftercare facility, case management 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 other direct service worker as defined in R.S. 40:2179 and 2179.1.

(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; Redesignated from R.S. 40:1300.51 by HCR 84 of 2015 R.S.; Acts 2016, No. 311, §2, eff. June 2, 2016; Acts 2018, No. 206, §4.