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Bill

HB 414

HEALTH: Provides for prohibitions on hiring individuals with certain criminal convictions

2026 Regular Session Introduced by Emily Chenevert

HB 414 tightens hiring rules for nonlicensed health workers and licensed ambulance personnel by requiring background checks and prohibiting hiring anyone with certain criminal conv

Effective date: See Act.
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Bill Summary · HB 414

Summary of HB 414 (Louisiana, 2026 Regular Session)

Purpose and Intent

HB 414 seeks to regulate the hiring of individuals who provide health-related services in Louisiana by extending prohibitions on hiring certain criminal offenders. The bill focuses on nonlicensed health workers and licensed ambulance personnel, tightening safeguards to prevent placement of individuals with specified criminal convictions into positions that involve direct patient care or health-related services.

Key Provisions and Changes

  • Scope and Definitions
    • Defines “nonlicensed person” as any individual who provides nursing care or health-related services to patients in various health care facilities or home settings, who is not a licensed health provider. This includes direct service workers and students/trainees in certain clinical programs.
  • Background Checks
    • Before offering employment or contracting with a nonlicensed person or licensed ambulance personnel, employers must request a criminal history and security check.
    • Employers may use fingerprints and must pay a $26 fee for a state police criminal history search.
    • For hospitals, the bill creates an exception allowing use of a third-party consumer reporting agency (CRAs) for the background check, provided the CRA meets specified standards (accreditation, comprehensive search across relevant jurisdictions, use of multiple identifiers, and compliance with federal requirements).
    • Employers must obtain written consent from applicants for the release of criminal history information and inform applicants that it is a crime to provide false information.
  • Hiring Prohibitions and Termination
    • The bill prohibits hiring nonlicensed persons or licensed ambulance personnel if the criminal history and security check reveals convictions for listed offenses (and offenses substantially similar to those listed in other jurisdictions).
    • The listed offenses include a broad range of crimes, such as serious offenses against persons and the unlawful distribution of controlled substances (with specifics enumerated in current law).
    • The act also prohibits hiring individuals convicted in another state or federal offenses that would meet the elements of a listed offense, effectively extending state prohibitions to out-of-state convictions.
    • If an employee initially hired temporarily is discovered to have disqualifying convictions, the employer must terminate them upon verification.
  • Existing Prohibitions and Reorganization
    • The bill repeals certain prior provisions related to restrictions on licensed ambulance personnel, as amended by the bill.
    • It reorganizes how prohibitions are listed and applied, and preserves confidentiality requirements for background check documentation.
  • Effective Date
    • The act becomes effective October 1, 2026.

Affected Parties

  • Primarily affects employers in health care settings that hire nonlicensed personnel and licensed ambulance personnel, including hospitals, nursing facilities, home health providers, hospices, and other health-related care providers.
  • Prospective and current employees in these roles who are nonlicensed healthcare workers or licensed ambulance personnel.

Procedural and Timeline Aspects

  • Provisions require background checks to be completed before employment offers are made (with temporary employment allowed pending results, subject to notice timelines).
  • Hospitals may utilize third-party CRAs for background checks.
  • The effective date is October 1, 2026, giving employers time to adjust hiring and screening processes.

Notes

  • The bill includes amendments adopted by the House Health and Welfare Committee, such as clarifying which offenses trigger hiring prohibitions and ensuring confidentiality of background check records.
  • It adds certain federal offenses to the prohibited list and clarifies the treatment of out-of-state offenses.

This summary focuses on the substantive provisions, their impact on hiring practices, and timelines for implementation.

Compiled from official sources — confirm details with the bill’s official record.

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