§587.7. Volunteer and employee criminal history system
A. The Louisiana Bureau of Criminal Identification and Information shall implement
a volunteer and employee criminal history system to allow qualified entities to access state
and federal criminal history records on certain individuals in the absence of specific statutory
provisions regarding access to criminal history record information. For purposes of this
Section, the following definitions shall apply:
(1)"Bureau" means the Louisiana Bureau of Criminal Identification and Information
located within the Department of Public Safety and Corrections, public safety services, office
of state police.
(2)"Care" means treatment, education, training, instruction, supervision, or
recreation services provided to children, the elderly, or indi
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§587.7. Volunteer and employee criminal history system
A. The Louisiana Bureau of Criminal Identification and Information shall implement
a volunteer and employee criminal history system to allow qualified entities to access state
and federal criminal history records on certain individuals in the absence of specific statutory
provisions regarding access to criminal history record information. For purposes of this
Section, the following definitions shall apply:
(1) "Bureau" means the Louisiana Bureau of Criminal Identification and Information
located within the Department of Public Safety and Corrections, public safety services, office
of state police.
(2) "Care" means treatment, education, training, instruction, supervision, or
recreation services provided to children, the elderly, or individuals with disabilities.
(3) "Individual" means a person who has, seeks to have, or may have access to
children, the elderly, or individuals with disabilities, served by a qualified entity who meets
any of the following requirements:
(a) Is employed by or volunteers with, or seeks to be employed by or volunteer with,
a qualified entity.
(b) Owns or operates, or seeks to own or operate, a qualified entity.
(c) Is a contractor with, or seeks to be a contractor with, a qualified entity.
(4) "Individuals with disabilities" means persons with a mental or physical
impairment who require assistance to perform one or more daily living tasks.
(5) "Qualified entity" means a business or organization, whether public or private,
operated for profit, operated not-for-profit, or voluntary, which provides care or care
placement services, including a business or organization that licenses or certifies individuals
to provide care or care placement services.
B.(1) A qualified entity must register with the bureau before submitting a request for
criminal history records under this Section.
(2) Each qualified entity may require an individual to submit to a criminal history
records check to be conducted by the bureau. Fingerprints and other identifying information
from the individual shall be submitted to the bureau by the individual.
(3) When a criminal history records check is requested by a qualified entity pursuant
to Paragraph (1) of this Subsection, the bureau shall provide the qualified entity with the state
criminal history record information of the individual subject to the inquiry. In addition, when
the qualified entity requests national criminal history records checks, the bureau shall
forward the fingerprints to the Federal Bureau of Investigation for a national criminal history
records check and shall provide the qualified entity with the national criminal history record
information of the individual subject to the inquiry.
C. National and state criminal history records checks are to be used by the qualified
entity to determine the suitability of the individual to have access to children, the elderly, or
individuals with disabilities served by the qualified entity. The determination of suitability
shall be solely made by the qualified entity. This Section does not require the bureau to
make a determination on behalf of any qualified entity.
D. The cost of providing the information required under this Section shall be charged
by the bureau, as specified in R.S. 15:587(B), to the individual subject to the inquiry or the
qualified entity, subject to the provisions of R.S. 23:897, for furnishing information
contained in the bureau's criminal history and identification files, including any additional
costs of providing the national criminal history records check which pertain to the individual.
E. The qualified entity shall maintain the confidentiality of the federal and state
criminal history information in accordance with applicable federal and state laws.
F. A qualified entity shall not be liable for damages solely for failing to obtain the
information authorized under this Section. Except in instances of gross negligence or willful
and wanton misconduct, the state, any political subdivision of the state, or any agency,
officer, or employee of the state or a political subdivision shall not be liable for damages for
providing the information requested under this Section.
G. The bureau is hereby authorized to adopt and promulgate rules and regulations
in accordance with the Administrative Procedure Act to carry out the provisions of this
Section for those qualified entities who choose to obtain federal and state criminal history
record information pursuant to this Section.