The Louisiana legislature amended its laws in 2022 to provide a pre-licensing application eligibility determination for individuals who have been previously convicted of a crime, see Act 486 of the 2022 Reg. Sess.  Under this amendment, individuals with previous criminal records can request a determination of whether their conviction disqualifies them from licensure.

The LSBN will only consider information provided by the applicant regarding criminal history – the LSBN will not initiate its own investigation into the matter.  If an applicant does apply for licensure after a pre-application eligibility determination, their records will be reviewed before a decision is made.  It must also be understood that a pre-application decision is binding on the LSBN and cannot later be modified.

The LSBN will consider various factors provided by La. R.S. 37:2950 to determine whether a conviction directly relates to the license sought or the license identified by a pre-licensing application eligibility requestor.

These factors include:

• the nature and seriousness of the offense
• the amount of time that has passed since the conviction
• the specific duties, and responsibilities for which the license, permit or certificate is required
• any relevant facts, such as any rehabilitation or treatment undertaken by the individual.

To safeguard the well-being of the public, the LSBN is charged with licensing, regulating, and disciplining registered nurse and advanced practical registered nurse professionals whose practice falls under its jurisdiction.  The LSBN has a duty to deny licenses to those whose convictions and circumstances render them unsuitable for practice.  The LSBN will consider factors such as the severity of the offense, the duties of the position being applied for, the length of time since the conviction, relevant facts surrounding the incident, and any rehabilitation efforts made by the applicant.

YES. It is important to note that applicants have the right to request a pre-application eligibility determination prior to meeting the standard licensing requirements, but this does not negate the need to complete a formal application.  Similarly, seeking a pre-application eligibility determination does not reduce any of the steps required for licensure.  Whether an applicant requests this determination or not, all Louisiana laws and regulations surrounding licensing must be adhered to.

If an applicant who is already licensed seeks a pre-application eligibility determination for a different license type, any previously unreported convictions may be the subject of an investigation.  Finally, if an applicant’s criminal conviction is found to be a disqualifying factor, they will have 60 days to provide additional evidence in their defense.  Once a final determination is reached, the applicant will have a right to appeal and, if necessary, reapply at a later date.

• Complete the PAED Request Form and email to PAED@lsbn.state.la.us.
• Upon submission, the LSBN will review. Board staff may contact you with further questions.
• A determination will be made within 45 days.
• You will receive a decision letter by electronic mail notifying you whether your criminal offenses disqualify you from the licensure you selected for analysis.

The LSBN records all pre-application eligibility determinations in accordance with state law.