§ 37:1360.53.1 — Authorization to obtain criminal history record information

Louisiana § 37:1360.53.1

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§1360.53.1. Authorization to obtain criminal history record information
A. As used in this Section, the following terms shall have the following meaning:
(1) "Applicant" means an individual who has made application to the board for the
issuance or reinstatement of any license, registration, certificate, permit, or any other
designation considered necessary to practice as a medical psychologist in this state that the
board is authorized by law to issue.
(2) "Bureau" means the Louisiana Bureau of Criminal Identification and Information
of the office of state police within the Department of Public Safety and Corrections.
(3) "Criminal history record information" means information collected by state and
federal criminal justice agencies on individuals consisting of identifiable descriptions and
notations of arrests, detentions, or any formal criminal charges, and any disposition arising
therefrom, including sentencing, criminal correctional supervision, and release, but does not
include intelligence for investigatory purposes, nor does it include any identification
information which does not indicate involvement of the individual in the criminal justice
system.
(4) "FBI" means the Federal Bureau of Investigation of the United States Department
of Justice.
(5) "Licensure" means the granting of any license, permit, certification, or
registration that the board is authorized to issue pursuant to this Part.
B. In addition to any other requirements established by regulation, the board shall
require an applicant, as a condition of licensure:
(1) To submit a full set of fingerprints, in a form and manner prescribed by the board.
(2) To permit the board to request and obtain state and national criminal history
record information on the applicant.
(3) To pay, in addition to all other applicable fees and costs, such amount as may be
incurred by the board in requesting and obtaining state and national criminal history record
information on the applicant.
C. In accordance with the provisions and procedures prescribed by this Section, the
board shall request and obtain state and national criminal history record information from the
bureau and the FBI relative to any applicant for licensure whose fingerprints the board has
obtained pursuant to this Section for the purpose of determining the applicant's suitability
and eligibility for licensure.
D. Upon request by the board and upon the board's submission of an applicant's
fingerprints and such other identifying information as may be required, the bureau shall
conduct a search of its criminal history record information and make a simultaneous request
of the FBI relative to the applicant and report the results of its search to the board within
sixty days from receipt of any such request. The bureau may charge the board a processing
fee for conducting and reporting on any such search.
E. Any and all state or national criminal history record information obtained by the
board from the bureau or FBI which is not already a matter of public record shall be
considered nonpublic and confidential information restricted to the exclusive use of the
board, its members, officers, investigators, agents, and attorneys for the purpose of evaluating
the applicant's eligibility or disqualification for licensure. No such information or records
related thereto shall, except with the written consent of the applicant or by order of a court
of competent jurisdiction, be released or otherwise disclosed by the board to any other person
or agency.

Legislative History

Acts 2019, No. 265, §1.