Current through Register Vol. 50, No. 9, September 20, 2024
A. Staffing Definitions. All experience
requirements are related to paid experience. Volunteer work, college work/study
or internship related to completion of a degree cannot be counted as work
experience. If experience is in a part-time position, the staff person shall be
able to verify the amount of time worked each week. Experience obtained while
working in a position for which the individual is not qualified may not be
counted as experience.
B. Criminal
History Investigation and References
1. The
PRTF shall arrange for a criminal history investigation, as required by
R.S.
15:587.1 for any applicant for employment,
contractor, volunteer and other person who will provide services to the
residents prior to that person working at the facility.
2. Staff criminal history investigations
shall be maintained in a confidential manner, separate from the individual's
personnel record.
C.
Prohibitions
1. The facility is restricted
from knowingly employing and/or contracting with a person who:
a. has entered a plea of guilty or nolo
contendere, no contest, or has been convicted of:
i. any criminal activity involving violence
against a person;
ii. child abuse
or neglect;
iii. possession, sale,
or distribution of illegal drugs;
iv. sexual misconduct and/or is required to
register pursuant to the Sex Offenders Registration Act; or
v. gross irresponsibility or disregard for
the safety of others;
b.
has a finding placed on the Louisiana State Nurse Aide Registry or the
Louisiana Direct Service Worker Registry.
2. The restrictions contained in this
Subsection apply to employees and contractors who provide direct care to the
residents of the facility.
3.
Persons who are employed by the facility or who provide services to the
facility may not use or be under the influence of, alcohol or illegal drugs
during hours of work.
4. If a staff
member is alleged to have committed an act described in
§9043. C 1, the accused
shall be removed from contact with residents until the allegations are
resolved. If criminal charges are filed, the accused shall be removed from
contact with residents until the charges are resolved.
a. A person who has received a deferred
sentence for any charge in
§9043. C.1 shall be
removed from contact with residents for the duration of the
deferment.
D.
The PRTF shall check the Louisiana State Nurse Aide Registry and the Louisiana
Direct Service Worker Registry to ensure that every individual providing direct
care does not have a finding placed against him/her on either
registry.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2009.
