Louisiana Revised Statutes 37:2863.1 – Authorization to obtain criminal history record information
Terms Used In Louisiana Revised Statutes 37:2863.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
A. As used in this Section, the following terms shall have the following meaning:
(1) “Applicant” means an individual who has made application to the board for the issuance or reinstatement of any license, registration, certificate, permit, or any other designation considered necessary to engage in the practice of polysomnography in this state that the board is authorized by law to issue.
(2) “Bureau” means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections.
(3) “Criminal history record information” means information collected by state and federal criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, or any formal criminal charges, and any disposition arising therefrom, including sentencing, criminal correctional supervision, and release, but does not include intelligence for investigatory purposes, nor does it include any identification information which does not indicate involvement of the individual in the criminal justice system.
(4) “FBI” means the Federal Bureau of Investigation of the United States Department of Justice.
(5) “Licensure” means the granting of any license, permit, certification, or registration that the board is authorized to issue pursuant to this Chapter.
B. In addition to any other requirements established by regulation, the board shall require an applicant, as a condition of licensure:
(1) To submit a full set of fingerprints, in a form and manner prescribed by the board.
(2) To permit the board to request and obtain state and national criminal history record information on the applicant.
(3) To pay, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history record information on the applicant.
C. In accordance with the provisions and procedures prescribed by this Section, the board shall request and obtain state and national criminal history record information from the bureau and the FBI relative to any applicant for licensure whose fingerprints the board has obtained pursuant to this Section for the purpose of determining the applicant’s suitability and eligibility for licensure.
D. Upon request by the board and upon the board’s submission of an applicant’s fingerprints and such other identifying information as may be required, the bureau shall conduct a search of its criminal history record information and make a simultaneous request of the FBI relative to the applicant and report the results of its search to the board within sixty days from receipt of any such request. The bureau may charge the board a processing fee for conducting and reporting on any such search.
E. Any and all state or national criminal history record information obtained by the board from the bureau or FBI which is not already a matter of public record shall be considered nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents, and attorneys for the purpose of evaluating the applicant’s eligibility or disqualification for licensure. No such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
Acts 2019, No. 265, §1.