Can You be a CNA with a Felony in Louisiana?
As a Certified Nursing Assistant (CNA) in Louisiana, you play a crucial role in the healthcare industry, providing essential care and support to patients. However, if you have a felony conviction, you may wonder if you’re still eligible to become a CNA in the state. In this article, we’ll delve into the legal requirements and regulations surrounding felonies and CNAs in Louisiana, providing you with a comprehensive answer to the question.
Legal Framework
In Louisiana, the Louisiana Department of Health (LDH) is responsible for licensing and regulating CNAs. According to the LDH’s rules and regulations, LA R.S. 37:1239 states that individuals convicted of a felony cannot obtain or maintain a CNA certification. However, the law provides some exceptions, which we’ll explore below.
Exceptions and Conditions
While a felony conviction typically disqualifies you from becoming a CNA in Louisiana, there are some exceptions and conditions:
• Expunged Felonies: If your felony conviction has been expunged, you may be eligible to apply for a CNA certification. Expungement allows the conviction to be erased from your criminal record.
• Moral Rehabilitation: The LDH considers an individual’s moral rehabilitation as part of the licensure process. If you have been rehabilitated and are deemed a low risk, you may be granted a CNA certification.
• Specific Felony Crimes: Certain felony crimes, such as non-violent, non-detectable crimes, may not necessarily disqualify you from becoming a CNA. The LDH makes a case-by-case assessment to determine eligibility.
The Application Process
When applying for a CNA certification in Louisiana, you’ll need to complete the following steps:
- Meet the Age and Education Requirements: You must be at least 16 years old and have a high school diploma or equivalent.
- Background Check: You’ll undergo a criminal background check as part of the application process.
- Program of Instruction: Complete a program of instruction approved by the LDH, which includes both theoretical and clinical training.
- Written and Clinical Exams: Pass the written and clinical exams administered by the National Health Care Association (NHCA) or the American Red Cross.
Post-Conviction Relief
In some cases, you may be eligible for post-conviction relief if your felony conviction has resulted in a significant negative impact on your life or has been overturned. You may need to file a petition with the court or the LDH to obtain relief.
Conclusion
In conclusion, while a felony conviction can disqualify you from becoming a CNA in Louisiana, there are exceptions and conditions that may allow you to apply. It’s essential to understand the legal framework and regulations surrounding felonies and CNAs in Louisiana.
Key Takeaways:
• A felony conviction typically disqualifies you from becoming a CNA in Louisiana.
• Exceptions and conditions may apply, including expunged felonies, moral rehabilitation, and specific felony crimes.
• The application process for a CNA certification includes meeting age and education requirements, background checks, completing a program of instruction, and passing written and clinical exams.
• Post-conviction relief may be available in certain circumstances.
Table: Felony Offenses and CNA Eligibility
| Felony Offense | CNA Eligibility |
|---|---|
| Violent Felonies | Typically disqualifies you from becoming a CNA |
| Non-Violent, Non-Detectable Felonies | May be considered on a case-by-case basis |
| Expunged Felonies | May be eligible for CNA certification |
By understanding the legal requirements and regulations surrounding felonies and CNAs in Louisiana, you can make informed decisions about your career choices. If you have any questions or concerns, it’s essential to consult with the LDH or a qualified legal professional.
