Could Carencro police run employer criminal-history checks for hospitals or nursing homes and charge a fee?

Plain-English summary

Carencro's mayor asked whether the police department could perform criminal-history checks for private employers such as hospitals and nursing homes, charge for them, and keep the receipts. In the official opinion, the AG said local police could perform screening authorized by the cited statutes, including checks for certain healthcare and child-protection employers.

The opinion also identified a statutory limit: local agencies could not perform screening for entities regulated by an office of the Department of Public Safety and Corrections. It said a reasonable processing fee under the then-applicable limit could be deposited in Carencro's general fund. The opinion's conclusion on depositing the money was an analogy to the state bureau's required deposit of its own receipts.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could Carencro police screen hospital or nursing-home job applicants?
The AG said local police were an authorized agency for the categories of healthcare workers and employers described in the cited statutes.

Could the department screen every employer that asked?
No. The opinion limited its answer to authorized screening functions and identified an exclusion for entities regulated by the Department of Public Safety and Corrections.

Where did the AG say the screening fees could go?
It said the city could deposit them in its general fund.

What fee limit did the opinion quote?
It quoted a cap of fifteen dollars per inquiry for the local-agency screening provision as it stood then.

Background and statutory framework

The opinion applied La. R.S. 15:587 and La. R.S. 15:587.1 to local-agency screening and discussed La. R.S. 40:1300.52 for health-related employers. It distinguished eligible recipients and screening purposes from excluded entities, then considered disposition of the fee.

Citations and references

• La. R.S. 15:587 and La. R.S. 15:587.1 (criminal-history screening)
• La. R.S. 40:1300.52 (health-related employer checks)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0048

Original opinion text

of
P.O. BOX 94095
DEPARTMENT OF JUSTICE
BATON ROUGE, LA 70804-9095
RICHARD P. IEYOUB CRIMINAL DIVISION Telephone:
ATTORNEY GENERAL
(225) 342-7552
FAX’
(225~ 342-7893
Opinion No. 02-0048

Mayor Tommy Angelle
City of Carencro
60 LAW OFFICERS--Authority and Jurisdiction
90A-l-(b) PUBLIC FUNDS & CONTRACTS-Professional Services Police Department
P.O. Drawer 10
It ~s appropriate tbr a muntctpal pohce department to charge a tee for
criminal h~story reports reqmred by employers of hospitals, nursing
Carencro, LA 70520
homes, etc.. The fee charged should be reasonable and deposited m
the City account.

Dear Mayor Angelle,

Your request for an opinion of this office has been forwarded to the undersigned for research and reply. As I understand them, your questions are as follows:

(3) Is it appropriate for the Carencro Police Department to conduct criminal background checks on individuals at the request of private concerns, i.e. hospitals, nursing homes, while charging a fee?

(4) If it is appropriate, should the fee received for such services be retained by the Carencro Police Department or deposited in the City’s general fund?

As per inquiry number one, it is appropriate for the Carencro Police Department to conduct criminal background checks on individuals at the request of certain public and private entities while charging a fee. The revised statutes dictates which entities/employers may receive criminal history reports. Your request specifically mentioned hospitals and nursing homes, therefore this response is tailored as per that request.

La. R.S. 15:587 gives the Louisiana Bureau of Criminal Identification and Information the duty to provide information contained in the criminal history record and identification files of the bureau to specific state agencies.

La. RoS. 15:587 lists specific agencies that may request such information. They include:

[a]ny eligible criminal justice agency, Department of Health and Hospitals, Department of Social Services, Department of Insurance, Louisiana State Racing Commission, Senate and Governmental Affairs Committee, Department of Labor, Board of River Port Pilot

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Honorable Tommy Angelle
OPINION 02-0048
Page 2

Commissioners, Office of Financial Institutions in the governor’s office, and any department responsible for reviewing applications for alcoholic beverages.

This statute also confers local law enforcement agencies the authority to perform such screening functions. According to La. R.S. 15:587 (D),

Any local law enforcement agency may conduct any screening function conducted by the bureau, except those screening functions conducted for entities regulated by any office of the Department of Public Safety and Corrections, and also may charge a reasonable processing fee of not more than fifteen dollars per inquiry for information provided. The provisions of this subsection also apply to any screening function provided for in R.S. 15:587.1. (emphasis added)

Therefore, the Carencro Police Department is a local law enforcement agency and may conduct screenings for those entities listed in the article.

The revised statutes also allow criminal history checks for private entities.

Local law enforcement agencies may provide criminal history checks for employers under the Child Protection Act (CPA). La. R.S. 15:587.1 provides that criminal history checks may be provided to employers whose employees have a position of supervisory or disciplinary authority over children. R.S. 15:587 (D) allows local law enforcement to provide criminal history checks for employers under the CPA.

Furthermore, La. R.S. 40:1300.52 allows criminal history checks for non-licensed person or any licensed ambulance personnel to provide nursing care, health- related services, medic services or supportive assistance to any individual. La. R.S. 40:1300.52 (A)(1) allows:

Except as otherwise provided in Subsection C of this section, 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, the employer shall request a criminal history check be conducted on the non-licensed person or any licensed ambulance personnel pursuant to the provisions of this section.

Subsection B states, "An employer shall request the office [State Police] or authorized agency to conduct a criminal history check... "(emphasis added)

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Honorable Tommy Angelle
OPINION 02-0048
Page 3

A local police department is an authorized agency according to La. R.S. 15:587. Pursuant to the above statutes, a local police department may conduct screening for non-licensed personnel at nursing homes or hospitals and licensed ambulance drivers.

Local law enforcement agencies may not conduct screening for entities regulated by any office of the Department of Public Safety and Corrections, i.e. Gaming or personnel employed by the Department of Public Safety. La. R.S. 15:587.

As per inquiry number two, the Carencro Police Department may charge a reasonable fee for the performance of such criminal history checks. The standard fee is not to exceed $15.00 and may be deposited in the City’s general fund.

La. R.S. 15:587(B)states;

Pursuant to the Administrative Procedure Act the bureau may charge a reasonable processing fee for information provided to any agency statutorily eligible to receive this information, except another state or local law enforcement agency, pursuant to a request to assist the agency in performing a screening function as part of any regulatory or licensing scheme. Payment of the processing fee shall accompany the request for such information and shall be deposited by the bureau immediately upon receipt into the state treasury.

The Louisiana Bureau of Criminal Identification and Information must deposit any monies in the State Treasury pursuant to La. R.S. 15:587(B). By analogy, it would be appropriate to deposit any monies in the City’s general fund.

Very Truly Yours,

RICHARD P. IYEOUB
Attorne,v General

By:

AssistantD,ttorney General

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