§ 37:969.1 — Louisiana State Board of Practical Nurse Examiners; authorization to obtain

Louisiana § 37:969.1

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§969.1. Louisiana State Board of Practical Nurse Examiners; authorization to obtain
criminal history record information
A. As used in this Section, the following terms shall have the following meanings:
(1) "Applicant" means a person who has made application to the board for the
issuance or reinstatement of any form of licensure.
(2) "Board" means the Louisiana State Board of Practical Nurse Examiners.
(3) "Bureau" means the Louisiana Bureau of Criminal Identification and Information
of the office of state police within the Department of Public Safety and Corrections.
(4) "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, indictments, bills of information, or any formal criminal
charges, and any disposition arising therefrom, including sentencing and 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.
(5) "FBI" means the Federal Bureau of Investigation of the United States Department
of Justice.
(6) "Licensure" means any license or permit which the board is authorized to issue,
including permission to enroll as a student in clinical nursing courses.
B. In addition to any other requirements established by law or board rules, the board
shall:
(1) Require each applicant, as a condition for eligibility for licensure, to provide all
of the following:
(a) A full set of fingerprints, in a form and manner prescribed by the board.
(b) Written consent for state and national criminal history record information on such
person to be obtained as a condition for consideration of his application.
(2) Provide each applicant with a copy of the written standards specifying the
requirements that must be met by an applicant for licensure and the grounds on which a
license may be denied or revoked.
C. In accordance with the provisions and procedures prescribed by this Section, or
any other law or board rule, the board shall request and obtain state and national criminal
history record information from the bureau and the FBI relative to any person applying for
issuance, renewal, or reinstatement of any license or permit 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 receiving fingerprints, the bureau shall survey its criminal history records
and identification files and make a simultaneous request of the FBI for like information from
other jurisdictions. The bureau shall provide a report promptly and in writing, but shall
provide only such information as is necessary to specify whether or not the person has been
arrested for or convicted of or pled nolo contendere to any crime or crimes, the crime or
crimes of which he has been arrested for or convicted or to which he has pled nolo
contendere, and the date or dates on which they occurred. The report provided pursuant to
the provisions of this Subsection shall include arrests, convictions, or other dispositions,
including any conviction dismissed pursuant to Code of Criminal Procedure Article 893 or
894. The bureau may charge the board a reasonable 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 deemed
nonpublic and confidential information restricted to the exclusive use of the board, its
members, officers, investigators, agents, and attorneys in 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 1999, No. 1343, §2, eff. July 1, 1999; Acts 2016, No. 368, §1.