LAC 48:I.9759. Criminal History Provisions and Screening

A. Nursing facilities shall have statewide criminal history checks performed on non-licensed personnel to include certified nurse aides (CNAs), housekeeping staff, activity workers, social service personnel and any other non-licensed personnel who provide care or other health related services to the residents in accordance with R.S. 40:1203.1 et seq. B. Prior to hire and then monthly thereafter, the nursing facility (NF) shall access the Louisiana certified nurse aide registry (LCNAR), the Louisiana adverse actions list, and the Office of Inspector General’s (OIG) list of excluded individuals and entities (LEIE) to determine if there is a finding that a prospective hire or currently employed or contracted CNA has been determined to have committed exploitation, extortion, abuse or neglect of an individual in the care of the CNA, or there has been a misappropriation of the individual’s property or funds. If there is such a finding on either database, the prospective employee shall not be hired as a CNA nor shall a current or contracted CNA have continued employment with the NF. C. All personnel requiring licensure to provide care shall be currently licensed to practice in the state of Louisiana. Credentials of all licensed full-time, part-time, and consultant personnel shall be verified prior to hire or contract, and at least annually thereafter. D. All personnel, including routine unpaid workers, involved in direct resident care, shall adhere to the Title 51, Public Health Sanitary Code, Chapter 5 requirements for health examinations and tuberculosis (TB) testing for employees and volunteers.