La. Admin. Code tit. 48 § I-9231

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-9231 - Health Care Provider Responsibilities

A. Prior to hiring any DSW or trainee, the licensed and/or certified health care provider shall:

1. ensure that the individual is at least 18 years of age;

2. document that the individual is able to read, write and comprehend the English language; and

3. access the registry in accordance with the provisions of §9202 C-C.1.

B. The health care provider shall have a written policy/process to check the DSW registry on the departments designated database at least every six months to determine if any currently employed or contracted DSW or trainee has been placed on the registry with a finding that he/she has been determined to have committed abuse or neglect of an individual being supported or misappropriated the individuals property or funds or committed exploitation or extortion of an individual being supported.

1. The provider shall follow the agencys process in demonstration of compliance with this procedure.

2. If there is such a finding on the registry, the employee shall not have continued employment as a DSW with the licensed and/or certified health care provider in accordance with the provisions of §9202 C

NOTE: The DSW registry is maintained on the departments designated database which may also contain other exclusionary information on a DSW. The providers responsibility to access the database shall also be conducted in accordance with other departmental rules and regulations, as applicable.

C. Criminal History. In accordance with RS 40:1203.1-5 et seq., the provider shall have a written policy and process to request in writing a security check and the criminal history of an employee, either contracted or directly employed, conducted by the Louisiana State Police or authorized agency, upon offer of employment or contract.

1. An employer may make an offer of temporary employment to a non-licensed person pending the results of the criminal history and security check on the person. In such instances, the employer shall provide to the Louisiana State Police, or authorized agency, the name and relevant information relating to the person within 72 hours after the date the person accepts temporary employment.

2. The security check shall consist of the use of personal identifiers, such as name, social security number, date of birth, and driver's license number, to search the national sex offender public registry. The provider shall obtain from the Louisiana State Police or the authorized agency the results of the security check to verify if an applicant is listed in the national sex offender public registry.

La. Admin. Code tit. 48, § I-9231

Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 32:2061 (November 2006), amended LR 33:97 (January 2007), amended by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 38:3176 (December 2012), Amended by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 42894 (6/1/2016), Amended by the Department of Health, Bureau of Health Services Financing, amended LR 45663 (5/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2179-2179.1.