Louisiana Act 802 changes several background-screening requirements for nonlicensed healthcare workers. Representative Emily Chenevert introduced the legislation as House Bill 414, and the governor signed it on June 9, 2026.
Some provisions took effect immediately. However, other provisions—including the addition of substantially similar out-of-state and federal offenses—take effect October 1, 2026.
Therefore, Louisiana healthcare employers should understand both what Act 802 requires and what it leaves unchanged.
Who Qualifies as a Nonlicensed Healthcare Worker?
First, Act 802 narrows the definition of a “nonlicensed person.” The new definition primarily covers employees and contractors who provide direct care or other health-related services.
In addition, the law expressly excludes workers who do not provide direct care or health-related services. Examples include:
- Cafeteria workers
- Maintenance employees
- Janitorial staff
- Groundskeepers
As a result, the law should reduce unnecessary background-check requirements for employees whose job duties do not involve direct patient care.
Louisiana Act 802 Preserves Authorized Agencies
Importantly, Act 802 continues to direct employers to request a criminal-history and security check from the Louisiana State Police or an Authorized Agency.
The legislation did not repeal:
- The statutory definition of an Authorized Agency
- The Authorized Agency application and approval process
- The language allowing employers to request checks through State Police or an Authorized Agency
- The requirement for an employer or Authorized Agency to pay the applicable fee for a search of State Police criminal-history records
Therefore, Louisiana law continues to expressly recognize Authorized Agencies as part of the healthcare background-screening process.
Act 802 Does Not Mandate FBI Fingerprinting
Act 802 does not state that every applicant must complete an FBI fingerprint-based background check.
Instead, the law says an employer may request a criminal-history and security check using the applicant’s fingerprints. In other words, the Legislature used permissive rather than mandatory language.
Furthermore, Act 802 does not state that:
- Every applicant must complete an FBI Interstate Identification Index search
- Only the Louisiana State Police may conduct the required background check
- An Authorized Agency may no longer conduct the check
- Employers must obtain out-of-state and federal records exclusively through the FBI
This distinction matters. Act 802 expands the types of convictions that employers must consider, but it does not establish one exclusive method for locating those convictions.
Act 802 Creates a New Option for Hospitals
Act 802 also creates a separate background-screening option for hospitals.
A hospital may follow the traditional State Police or Authorized Agency procedure. Alternatively, the hospital may use a consumer reporting agency that meets specific requirements.
The consumer reporting agency must:
- Hold accreditation from the Professional Background Screening Association or a successor organization
- Search criminal court records in every parish or county where the applicant lived during the preceding three years
- Search federal criminal court records
- Search the national sex-offender public registry
- Use multiple identifiers, including name, date of birth, and address history
- Prepare the report in compliance with the federal Fair Credit Reporting Act
Most importantly, this provision shows that the Legislature recognizes federal criminal court searches as part of a legally acceptable healthcare background check. The hospital alternative does not require an FBI fingerprint search.
Out-of-State and Federal Convictions
Beginning October 1, 2026, Act 802 expands Louisiana’s disqualifying-offense provisions to include:
“An offense that occurred in another state or a federal offense that is substantially similar” to an offense listed in Louisiana law.
Consequently, an employer may disqualify an applicant who has an out-of-state or federal conviction that closely matches one of Louisiana’s listed disqualifying offenses.
However, this provision addresses which convictions employers must consider. It does not direct every employer to obtain an FBI fingerprint-based background check.
For example, a background screening company can search federal criminal court records directly through the federal court system. Likewise, researchers can locate out-of-state criminal records through appropriate state and county court sources.
Temporary and Conditional Employment
Act 802 also gives healthcare employers greater flexibility while they wait for the final completion or clarification of a background check.
For example, a pending arrest, unresolved record match, traffic offense, parking violation, or qualifying nonviolent misdemeanor does not automatically prohibit temporary or conditional employment.
An employee may work under appropriate supervision when the preliminary review does not reveal a disqualifying conviction. Nevertheless, the employer must immediately remove the employee from direct-service duties if the final report reveals a disqualifying offense.
Additionally, employers must maintain documentation that demonstrates their compliance with these requirements.
Changes Affecting Ambulance Personnel
Effective October 1, 2026, Act 802 removes licensed ambulance personnel from certain hiring prohibitions previously found in this section of Louisiana law.
The legislation also repeals the prior statutory definition of “licensed ambulance personnel” and removes ambulance services from the applicable employer definition.
Frequently Asked Questions
Does Act 802 require every healthcare applicant to provide fingerprints?
No. Act 802 says an employer may request a fingerprint-based check. The legislation does not expressly require every applicant to complete fingerprinting or an FBI background check.
Did Act 802 eliminate Louisiana Authorized Agencies?
No. Act 802 did not repeal the definition, approval process, or other statutory provisions governing Authorized Agencies. Moreover, the law continues to refer to checks conducted by State Police or an Authorized Agency.
Does Act 802 require an FBI search for federal offenses?
Act 802 adds substantially similar federal convictions to the disqualifying-offense provisions. However, it does not expressly require employers to obtain those records through the FBI. In fact, the hospital alternative specifically requires federal criminal court searches.
When does Act 802 take effect?
The provisions concerning nonlicensed workers, the hospital screening alternative, and conditional employment took effect June 9, 2026. Meanwhile, the provisions concerning out-of-state and federal equivalent offenses and certain ambulance-personnel changes take effect October 1, 2026.
Can hospitals use a consumer reporting agency?
Yes. Act 802 gives hospitals two options. A hospital may request its criminal-history and security check through the Louisiana State Police or an Authorized Agency. Alternatively, it may use a PBSA-accredited consumer reporting agency that conducts the required parish or county, federal criminal court, and national sex-offender registry searches.
The Bottom Line
Louisiana Act 802 expands the disqualification standard to include substantially similar out-of-state and federal convictions. In addition, it creates a specific screening alternative for hospitals and gives employers greater flexibility when records require additional review.
However, Act 802 does not mandate an FBI fingerprint search for every healthcare applicant. It also does not repeal the statutes that authorize qualified private entities to operate as Authorized Agencies.
Global Data Fusion continues to monitor the implementation of Act 802. We are also working with industry representatives and Louisiana legislators to obtain clear, lawful, and practical guidance for healthcare employers.
Have Questions About Louisiana Healthcare Background Checks?
Global Data Fusion helps Louisiana healthcare employers understand their screening options and develop background-check programs that support accurate, timely, and compliant hiring decisions.
To better understand this distinction, read our guide to federal court searches versus FBI background checks.
Contact our team at 337-205-3007 or visit our contact page to learn more.
This article provides general information and does not constitute legal advice. Employers should consult qualified counsel about their specific compliance obligations.