§ 40:61.1 — Criminal background investigation

Louisiana § 40:61.1

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§61.1. Criminal background investigation
A. The legislature hereby finds and declares that:
(1) It is the public policy of this state to protect all vital records from
improper handling, disclosure, and falsification.
(2) The alteration and falsification of vital records may contribute to
and foster the violation of certain illegal activities.
(3) It is in the public interest to ensure the security and integrity of all
vital records in this state.
B. No person shall be hired or promoted in the division of records and
statistics, office of public health, Louisiana Department of Health, until it is
determined whether such person has been convicted or pled nolo contendere
to a crime as defined by R.S. 14:7.
C. The Louisiana Department of Health through the division of records
and statistics, office of public health, and the Louisiana Bureau of Criminal
Identification and Information in the Department of Public Safety and
Corrections shall establish procedures necessary to implement the
requirements of this Section, which procedures shall provide the following:
(1) That the division of records and statistics shall receive a copy of
any criminal history information disclosed by the investigation.
(2) That the costs of providing the information required in this Section
shall be borne by the individual applicant in the case of persons seeking new
employment.
(3) That the request for information shall be made on a form prepared
by the Louisiana Bureau of Criminal Identification and Information and signed
by a designated officer of the Louisiana Department of Health. It must include
a statement signed by the person about whom the request is made which gives
his permission for such information to be released.
(4) That, upon receiving a request meeting the requirements of R.S.
40:61.1(C)(3), the bureau shall provide a report promptly and in writing, but
provide only such information as is necessary to specify whether or not that
person has been convicted of or pled nolo contendere to any such crime or
crimes as defined by R.S. 14:7, the crime or crimes therein of which he has
been convicted or to which he has pled nolo contendere, and the date or dates
on which they occurred.
(5) That division employees seeking promotion as well as persons
seeking employment in the division shall submit to a criminal investigation and
may be required to be fingerprinted to establish positive identification.
D.(1) Any division employee who has been convicted or pled nolo
contendere to a crime as defined by R.S. 14:7 may be subject to a personnel or
disciplinary action, including but not limited to transfer to an area outside of
the division or termination in accordance with civil service rules.
(2) Any person seeking employment in the division may be denied such
employment if such person has been convicted or pled nolo contendere to a
crime as defined by R.S. 14:7.
(3) Any division employee seeking promotion who refuses to submit
to a record check, including fingerprinting, may be subject to a personnel or
disciplinary action, including but not limited to transfer to an area outside of
the division or termination in accordance with civil service rules.

Legislative History

Acts 1988, No. 699, §1.