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HLS 26RS-691 ENGROSSED
2026 Regular Session
HOUSE BILL NO. 414
BY REPRESENTATIVE CHENEVERT
HEALTH: Provides for prohibitions on hiring individuals with certain criminal convictions
1 AN ACT
2 To amend and reenact R.S. 40:1203.1(6), 1203.2(A), (B), (C)(1), and (E)(1), and
3 1203.3(A)(1), (C), and (D)(1), to enact R.S. 40:1203.2(H) and 1203.3(A)(5), and to
4 repeal R.S. 40:1203.1(4)(g) and (5) and 1203.3(B), relative to unlicensed healthcare
5 workers and licensed ambulance personnel; to provide for hiring certain healthcare
6 staff; to provide for criminal history and security background checks; to prohibit
7 hiring individuals with certain criminal convictions; to repeal certain restrictions on
8 licensed ambulance personnel; to provide for an effective date; and to provide for
9 related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 40:1203.1(6), 1203.2(A), (B), (C)(1), and (E)(1), and 1203.3(A)(1),
12 (C), and (D)(1) are hereby amended and reenacted and R.S. 40:1203.2(H) and 1203.3(A)(5)
13 are hereby enacted to read as follows:
14 PART II. CRIMINAL HISTORY CHECKS ON
15 NONLICENSED PERSONS AND LICENSED
16 AMBULANCE PERSONNEL
17 §1203.1. Definitions
18 For the purposes of this Part, the following terms have the meaning ascribed
19 in this Section:
20 * * *
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1 (6) "Nonlicensed person" means any person who provides for compensation
2 nursing care or other health-related services directly related to patient care to
3 residents in or patients of a nursing facility, intermediate care facility for people with
4 developmental disabilities, adult residential care facility or provider, pediatric day
5 health care facility, adult day health care center, psychiatric residential treatment
6 facility, end stage renal disease facility, behavioral health services provider, home
7 health agency, hospice agency, provider of ambulance services, hospital, adult brain
8 injury facility, crisis receiving center, pain management clinic, outpatient abortion
9 facility, rural health clinic, ambulatory surgical center, therapeutic group home,
10 forensic supervised transitional residential and aftercare facility, case management
11 provider, or home- and community-based service provider an employer and who is
12 not a licensed health provider. "Nonlicensed person" also means any person who
13 provides such services to individuals in their own homes as an employee or contract
14 provider of a home health agency, hospice, or home- and community-based service
15 provider. "Nonlicensed person" also means any other direct service worker as
16 defined in R.S. 40:2179 and 2179.1. "Nonlicensed person" also means a student or
17 trainee applying for enrollment in a clinical preceptor training program authorized
18 by R.S. 40:1201.1 et seq., or in a nurse aide training program approved by the
19 department pursuant to federal and state law or regulation. "Nonlicensed person"
20 does not include a person who, while acting within the course and scope of the
21 person's employment, does not provide direct care or other health-related services
22 to a person including but not limited to cafeteria workers, maintenance and janitorial
23 staff, and groundskeepers.
24 * * *
25 §1203.2. Employment of nonlicensed persons and licensed ambulance personnel;
26 training program enrollment of nonlicensed persons; mandatory criminal
27 history and security checks; temporary employment; notice to applicants
28 A.(1) Except as otherwise provided in Subsection C of this Section, prior to
29 any employer making an offer to employ or to contract with a nonlicensed person or
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1 any licensed ambulance personnel to provide nursing care, health-related services,
2 medic services, or supportive assistance to any individual, the employer shall request
3 that a criminal history and security check be conducted on the nonlicensed person
4 or any licensed ambulance personnel pursuant to the provisions of this Section. If
5 the employer is a facility, home, or institution which is part of a larger complex of
6 buildings, the requirement of a criminal history and security check shall apply only
7 to an offer of employment or contract made to a nonlicensed person or any licensed
8 ambulance personnel who will work primarily in the immediate boundaries of the
9 facility, home, or institution.
10 (2) Except as otherwise specified in Paragraph (D)(1) of this Section, an
11 employer may obtain the criminal history record maintained by the office of state
12 police of a nonlicensed person or any licensed ambulance personnel offering to
13 provide nursing care, health-related services, or supportive services to any
14 individual.
15 B.(1)(a) The Except as provided in Paragraph 2 of this Subsection, an
16 employer shall request in writing that the office or authorized agency conduct a
17 criminal history and security check on the nonlicensed person or any licensed
18 ambulance personnel and shall provide the office or authorized agency with any
19 relevant information required by the office or authorized agency to conduct the
20 check. The employer may request that the criminal history and security check be
21 performed using the fingerprints of the nonlicensed person or any licensed
22 ambulance personnel.
23 (2) (b) An employer or authorized agency shall pay a fee of twenty-six
24 dollars to the office for a search of the office's criminal history files on an applicant
25 for employment.
26 (3) (c) The security check shall consist of the use of personal identifiers,
27 such as name, social security number, date of birth, and driver's license number, to
28 search the national sex offender public registry. An authorized agency shall notify
29 the office if a security check reveals that an applicant is listed in the national sex
30 offender public registry.
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1 (2) A hospital, as defined in R.S. 40:2102, shall conduct a criminal history
2 and security check in one of the following ways:
3 (a) Following the procedure described in Paragraph (1) of this Subsection.
4 (b) Obtaining a criminal history and security check prepared by a consumer
5 reporting agency as defined in 15 U.S.C. 1681a(f) that also meets all of the following
6 criteria:
7 (i) The consumer reporting agency is accredited by the Professional
8 Background Screening Association or a successor organization maintaining
9 nationally recognized accreditation standards for employment background screening
10 agencies.
11 (ii) The criminal history and security check includes a search of the criminal
12 court records in each parish or county in which the applicant has resided during the
13 preceding three years, federal criminal court records, and the national sex offender
14 public registry.
15 (iii) The consumer reporting agency searches records using multiple personal
16 identifiers including but not limited to name, date of birth, and address history.
17 (iv) The consumer reporting agency prepares the criminal history and security
18 check report in compliance with the requirements of 15 U.S.C. 1681.
19 C.(1) An employer may make an offer of temporary employment to a
20 nonlicensed person or any licensed ambulance personnel pending the results of the
21 criminal history and security check on the person. In such instances, the employer
22 shall provide to the office or authorized agency the name and relevant information
23 relating to the person within seventy-two hours after the date the person accepts
24 temporary employment.
25 * * *
26 E.(1) An employer shall inform each applicant for employment or each
27 prospective contract provider that the employer is required to obtain a criminal
28 history record and perform a security check before such employer makes an offer of
29 employment to, or contracts with, a nonlicensed person or any licensed ambulance
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1 personnel. The employer shall obtain written permission from the applicant for the
2 release of such information to the employer on a form that clearly notifies the
3 applicant it is a crime to provide false information concerning a criminal history
4 check to an employer.
5 * * *
6 H. An employer shall maintain documentation demonstrating compliance
7 with the requirements of this Section in accordance with R.S. 40:1203.4.
8 §1203.3. Refusal to hire or contract; termination of employment; exceptions to
9 hiring prohibition; appeal procedure; waiver
10 A. Except as otherwise provided in R.S. 40:1203.2(C) and Subsection E of
11 this Section, no employer shall hire any licensed ambulance personnel or nonlicensed
12 person when the results of a criminal history and security check reveal that the
13 licensed ambulance personnel or nonlicensed person has been convicted of any of
14 the following offenses:
15 (1) R.S. 14:28.1, 30, 30.1, 31, 32.6, 32.7, 32.12, 34, 34.1, 34.7, 35.2, 37,
16 37.1, 37.4, 38.1, 42, 42.1, 43, 43.1, 43.2, 43.3, 43.5, 44, 44.1, 44.2, 46.2, 51, 60, 64,
17 64.1, 64.4, 66, 67.16, 80, 81.2, 89, 89.1, 93, 93.3, 93.4, 93.5, 283.3 or distribution or
18 possession with the intent to distribute controlled dangerous substances as listed in
19 Schedules I through V of the Uniform Controlled Dangerous Substances Act.
20 * * *
21 (5) An offense that occurred in another state or a federal offense that is
22 substantially similar to an offense provided for in Paragraphs (1) through (4) of this
23 Subsection.
24 C. If the results of a criminal history and security check reveal that a
25 nonlicensed person or any licensed ambulance personnel hired on a temporary basis
26 or any other person who is an employee has been convicted of any of the offenses
27 listed in Subsection A or B of this Section or has been convicted of a crime in
28 another state or federal court that would satisfy the elements of an offense listed in
29 Subsection A of this Section, the employer shall immediately terminate the person's
30 employment.
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1 D.(1) The provisions of this Section shall not apply to a nonlicensed person
2 or licensed ambulance personnel who was working under a waiver granted under the
3 law in effect prior to August 15, 2010, so long as if that person continues to be
4 employed for the employer who granted the waiver and the person began
5 employment for the employer prior to August 15, 2010, or a person who has received
6 a pardon of the conviction or has had his conviction expunged.
7 * * *
8 Section 2. R.S. 40:1203.1(4)(g) and (5) and 1203.3(B) are hereby repealed in their
9 entirety.
10 Section 3. This Act shall become effective on October 1, 2026.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 414 Engrossed 2026 Regular Session Chenevert
Abstract: Prohibits healthcare providers from hiring certain individuals with certain
criminal convictions.
Present law prohibits healthcare providers from hiring unlicensed healthcare workers and
licensed ambulance personnel convicted of certain criminal offenses provided for in present
law.
Present law further prohibits healthcare providers from hiring unlicensed healthcare workers
and licensed ambulance personnel convicted of certain criminal offenses if the healthcare
provider provides care or services to any person under the age of 21.
Proposed law combines present law prohibiting a healthcare provider from hiring an
unlicensed healthcare worker if he is convicted of an offense listed in present law.
Proposed law removes licensed ambulance personnel the hiring prohibitions of present law.
Proposed law extends the hiring prohibitions of present law to an unlicensed healthcare
worker convicted of a federal offense or an offense in another state that would satisfy the
elements of an offense listed in present law.
Present law provides for a list of offenses for which a conviction prohibits an employer from
hiring a nonlicensed healthcare professional, or requires the employer to terminate such
person if already employed.
Proposed law reorganizes present law.
Present law provides that a healthcare entity hiring a nonlicensed person must obtain a
criminal history and security check through the office of state police.
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Proposed law creates an exception to present law for hospitals providing that a hospital may
obtain a criminal history and security check through a third-party consumer reporting
agency.
Present law requires an employer to maintain confidentiality and retain documentation of
a criminal history and security check.
Proposed law retains present law.
Effective on Oct. 1, 2026.
(Amends R.S. 40:1203.1(6), 1203.2(A), (B), (C)(1), and (E)(1), and 1203.3(A)(1), (C), and
(D)(1); Adds R.S. 40:1203.2(H) and 1203.3(A)(5); Repeals R.S. 40:1203.1(4)(g) and (5) and
1203(B))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Add certain federal criminal offenses that would qualify as an offense that would
prohibit hiring or require the termination of a nonlicensed healthcare
professional.
2. Modify the definition of nonlicensed person.
3. Provide for maintaining confidentiality of criminal history and security checks.
4. Remove licensed ambulance personnel from the requirements of proposed law.
5. Make technical corrections.
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