Louisiana Revised Statutes 46:61 – A.(1) The Louisiana Department of Health shall, following an investigation by the department, the office of elderly affairs, the office of the attorney general, or a local law enforc
Terms Used In Louisiana Revised Statutes 46:61
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
A.(1) The Louisiana Department of Health shall, following an investigation by the department, the office of elderly affairs, the office of the attorney general, or a local law enforcement agency, of any report of elderly abuse and the conviction of any person investigated for such abuse or the entering of a plea of guilty or nolo contendere by any person so investigated who is accused of such abuse, make available to any healthcare facility licensed by the department, upon request, the name and a photograph of any such person who has been convicted of or pled guilty or nolo contendere to a crime involving elderly abuse.
(2) The department shall maintain a record of the information required in this Section and shall periodically seek information from law enforcement officials and district attorneys from around the state to update such records, including the name and a photograph of any persons investigated as provided in this Section who has been convicted of or pled guilty or nolo contendere to a crime involving elderly abuse. Law enforcement officials and district attorneys shall cooperate with the department and shall provide the information requested in a timely manner.
(3) For purposes of this Section, “elderly abuse” shall mean abuse of any person sixty years of age or older and shall include the abuse of any person with an infirmity residing in a state-licensed facility.
B. The information released by the department shall constitute an authorized disclosure under the provisions of La. Rev. Stat. 15:1507.
C. The department, in consultation with the office of elderly affairs, shall adopt and promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section, including provisions which establish procedures under which the department shall request information from law enforcement officials and district attorneys and which establish procedures under which healthcare facilities may request information concerning whether or not a person has been convicted of or pled guilty or nolo contendere to a crime listed in La. Rev. Stat. 14:403.2.
Acts 1997, No. 621, §1; Acts 2010, No. 861, §20; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.