The LSBME licenses fifteen different types of health care providers for the State of Louisiana including:
• acupuncturists
• athletic trainers
• clinical lab personnel
• clinical exercise physiologists
• genetic counselors
• medical psychologists
• midwives
• occupational therapists and their assistants
• perfusionists
• physicians
• physician assistants
• podiatrists
• polysomnographers
• private radiology techs
• respiratory therapists and their assistants
The Pre-application Eligibility Determination Process is an optional program by which individuals with criminal records may submit information on their criminal conviction so as to obtain a determination of whether the criminal conviction disqualifies the person from obtaining a license from the LSBME. See, La. R.S. 37:33.
Determinations are based solely on the information you provide on the pre-application eligibility determination request form and any accompanying criminal background check you provide. Thus, in order to receive an accurate determination, you must provide your complete criminal history background. The LSBME will not conduct an independent background check for pre-application eligibility determination requests.
Background
In 2022, the Louisiana legislature amended its law to provide for a pre-licensing application eligibility determination for those who have been previously convicted of a crime. See, Act 486 of the 2022 Reg. Sess. The Act provides that an individual who has previously been convicted of a crime may request, at any time, a determination of whether the individual’s criminal conviction disqualifies the individual from licensure by providing the LSBME with certain identifying information, details of the conviction and information relevant to certain factors listed in La. R.S. 37:2950 that the LSBME must consider.
Compliance with Act 486 of the 2022 Regular Session
The LSBME is tasked with protecting the public through the licensing, regulation and discipline of those who seek to practice health care that falls within, and/or whose practice falls within, the types of licenses the LSBME issues. Thus, there are certain convictions and circumstances that will lead to denial of licensure. The LSBME will utilize all of the factors listed in La. R.S. 37:2950 when considering whether a conviction directly relates to the license sought or the license identified by a pre-licensing application eligibility requestor, including:
(a) The nature and seriousness of the offense;
(b) The nature of the specific duties and responsibilities for which the license, permit, or certificate is required;
(c) The amount of time that has passed since the conviction;
(d) Facts relevant to the circumstances of the offense, including any aggravating or mitigating circumstances or social conditions surrounding the commission of the offense; and
(e) Evidence of rehabilitation or treatment undertaken by the person since the conviction.
Please know the following:
• Pursuant to La. R.S. 37:33, you have the right to petition for a pre-application eligibility determination prior to meeting the general qualifications for a license.
• Submitting a request for pre-application eligibility determination does not eliminate the need to complete a formal application for licensure or reduce any of the steps required for formal licensure.
• You are not required to seek a pre-application eligibility determination before completing a formal application for licensure.
• Submitting a request for pre-application eligibility determination under La. R.S. 37:33 does not eliminate the need to complete a formal application for licensure or reduce any of the steps required for formal licensure.
• When formally applying for licensure, all other licensing criteria required by Louisiana law and/or rule must still be met, regardless of a pre-application eligibility determination.
• LSBME will only know, and take into account in its decision, information you provide regarding your convictions. No independent investigation regarding your criminal conviction will be done for the pre-application eligibility determination of whether your criminal conviction disqualifies you from the particular license.
• If you later apply for licensure by the LSBME, your pre-application eligibility determination records, including any decision, will be reviewed prior to a decision regarding licensure.
• If you are already licensed by the LSBME and you are seeking a pre-application eligibility determination with regard to a different license type issued by the LSBME, please know that any criminal conviction, previously unreported, may result in an investigation with regard to your current licensure.
• The pre-application eligibility determination is binding on the LSBME, and as such, prior to a final determination, the LSBME will give the convicted individual sixty additional days to submit additional evidence relevant to each of the factors listed in R.S. 37:2950. Further, any notice of the final determination will indicate a right of appeal and the earliest date upon which a person may reapply.
Instructions:
To submit your request for pre-application eligibility determination:
1. Go to the LSBME website: www.lsbme.la.gov. Click on “LaMed Dashboard” at the top left of the home page to login into a LaMed account or to register as a new user.
2. For new users, click on “Click here to Register” and complete the following unique identifiers: Name, Date of Birth, Social Security Number, Email Address, Confirm Email Address and Cell Phone. Please note the email address will be your username and must be unique. You cannot share the same user email with any other person and once you are assigned a password, you may not share that with anyone.
3. For those who have an account in LaMed already, please log in.
4. Once you are in LaMed, choose to complete the pre-application eligibility determination request form.
5. The form will seek several points of identifying information and ask you to designate the type of licensure about which you seek the pre-application eligibility determination. Only one type of licensure may be selected at a time as each determination is unique to the scope of practice permitted by the license.
6. You will have the opportunity to upload a criminal background check that you have obtained from law enforcement by clicking on the upload button and choosing the file you want to upload.
7. You will also have the opportunity to either type or upload a description of the conviction and to include information relevant to the following factors:
a. The nature and seriousness of the offense;
b. The nature of the specific duties and responsibilities for which the license, permit or certificate is required;
c. The amount of time that has passed since the conviction;
d. Facts relevant to the circumstances of the offense, including any aggravating or mitigating circumstances or social conditions surrounding the commission of the offense; and,
e. Evidence of rehabilitation of treatment undertaken by the person since the conviction.
8. All information you provide will be stored in our online, confidential system and no review will occur until you click on the “Submit” button. This allows you to save your information, exit the system and come back later to add additional information or to upload a criminal background check prior to submitting your request to the LSBME for its determination.
9. Your pre-application eligibility determination request is “received by the LSBME” upon your clicking the “Submit” button. At that point, the LSBME will start its review of the information you provided. If needed, a team member may reach out with any questions.
10. The review will be completed within 45 days of your clicking on the “Submit” button and a determination will be made. A decision letter will be mailed to you notifying you of the LSBME’s determination of whether your criminal conviction disqualifies you from the licensure you selected for analysis.
11. In accordance with state law, the LSBME will keep a record of all pre-application eligibility determinations, the information submitted and the LSBME’s decision.
12. If you are licensed by the LSBME already, submission of a pre-application eligibility determination request for a different license type may result in an investigation as to your current license, with regard to the criminal conviction reported.