La. Admin. Code tit. 46 § LIII-2721

Current through Register Vol. 50, No. 11, November 20, 2024

Section LIII-2721 - Employee Screening by Non-Practitioners

A. An employer's comprehensive employee screening program shall include the following.

1. Question. Within the past five years, have you been convicted of a felony, or within the past two years, of any misdemeanor or are you presently formally charged with committing a criminal offense? (Do not include any traffic violations, juvenile offenses or military convictions, except by general court-martial.) If the answer is yes, furnish details of conviction, offense, location, date and sentence.

2. Question. In the past three years, have you ever knowingly used any narcotics, amphetamines or barbiturates, other than those prescribed to you by a physician or other authorized prescriber? If the answer is yes, furnish details.

3. Advice. An authorization, in writing, that allows inquiries to be made of courts and law enforcement agencies for possible pending charges or convictions shall be executed by a person who is allowed to work in an area where access to controlled substances clearly exists. A person shall be advised that any false information or omission of information will jeopardize his or her position with respect to employment. The application for employment should inform a person that information furnished or recovered as a result of any inquiry will not necessarily preclude employment, but will be considered as part of an overall evaluation of the person's qualifications. The maintaining of fair employment practices, the protection of the person's right of privacy, and the assurance that the results of such inquiries will be treated by the employer in confidence will be explained to the employee.

La. Admin. Code tit. 46, § LIII-2721

Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 34:2138 (October 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:972.