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Tag No.: A0145
Based on record review and interview, the hospital failed to protect patients from possible abuse and/or neglect. The deficient practice is evidenced by failing to have a criminal history check conducted by the Louisiana Office of State Police or a Louisiana State Police authorized agency for 4 (S3MHA, S4MHA, S5MHA, S6MHA) of 4 non-licensed personnel records reviewed.
Findings:
Effective June 2, 2016, Act 311 amended La RS 40:1203.1-2 requiring that licensed health care providers shall request that a criminal history and security check be conducted on the non-licensed person, prior to any employer making an offer to employ or to contract with a non-licensed person or any licensed ambulance personnel to provide nursing care, health-related services, medic services, or supportive assistance to any individual and in accordance with La RS 40:1203.1-5.
The Louisiana Office of State Police, Bureau of Criminal Identification and Information (Bureau), is the State's designated repository for criminal history information pursuant to the laws cited in La. R.S. 15:575 et seq. Any criminal event that is documented by the submission of fingerprints to the State is stored in the Louisiana Computerized Criminal History (LACCH) database. The Bureau may only release criminal history information stored in LACCH for noncriminal justice purposes when authorized by law. The Bureau is authorized to release criminal history information stored in LACCH to those employers and Authorized Agencies defined in La. R.S. 40:1203.1 as required by La. R.S. 40:1203.2
Employers may request criminal history information stored in LACCH in one of three ways: (1) use of the Bureau's Internet Background Check (IBC) website, (2) via Authorized Agents, and (3) submission of applicants' fingerprints.
Review of the personnel records for S3MHA, S4MHA, S5MHA, and S6MHA revealed criminal history checks were not conducted by the Louisiana Office of State Police or a Louisiana State Police authorized agency.
In an interview on 06/25/2024 at 10:43 a.m., S1Director of Safety and Quality confirmed the criminal history checks were not completed by the Louisiana Office of State Police or a Louisiana State Police authorized agency.