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Criminal History and Security Checks

Sets out how the Agency requests a criminal history and security check from the Louisiana State Police or an authorized agency upon an offer of employment or contract, gives the required notice and obtains written consent, uses temporary or conditional employment only as R.S. 40:1203.2 (as amended by Act 802 of 2026) allows, applies the hiring bar and termination duty in R.S. 40:1203.3 (as amended effective October 1, 2026), and keeps criminal history records confidential.

Preview: full text with a package
About this policy
Policy number
LA-HH-HR-03
Version
1.0
Main rule
R.S. 40:1203.2
Library
Louisiana home health · 57 policies
Category
Human resources
Sections
21

In short

  • Louisiana law requires a criminal history and sex offender registry check through the State Police when we offer you a job.
  • It is a crime to give false information for a criminal history check.
  • If you start before results arrive, an aide works under direct supervision or with the patient's family present.
  • Some convictions mean we cannot hire you, or must end your employment at once.
  • Tell the Administrator within 72 hours if you are arrested, charged or convicted after you are hired.

What's inside

21 sections. The full text comes with the One-time Policy Pack.

Full text with a package
  • Terms of Reference
  • 1. Purpose
  • 2. Scope
  • 3. Definitions
  • 4. Policy Statement (R.S. 40:1203.2)
  • 5. Who Is Checked
  • 6. Before the Offer: Notice and Consent
  • 7. Requesting the Check
  • 8. Temporary Employment Pending Results
  • 9. Records That Do Not Bar Temporary or Conditional Employment
  • 10. Reviewing Results and the Hiring Bar
  • 11. Termination and the Duty to Report
  • 12. Confidentiality and Retention
  • 13. Owners and Administrative Personnel
  • 14. Responsibilities
  • 15. Records and Compliance Monitoring
  • 16. Staff Training
  • 17. References
  • 18. Related Policies and Forms
  • 19. Approval
  • 20. Revision History

An inspector may ask

  • Show me your written policy and process for criminal history and security checks.
  • Show me the request, the applicant's signed consent and the result for this aide. When did the aide accept the offer, and when did you send the information to the State Police?

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