Bill Full Text
Home
-
Bills
-
Bill
-
Authors
-
Dates
-
Locations
-
Analyses
-
Organizations
<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
<ns0:Description>
<ns0:Id>20250SB__105799INT</ns0:Id>
<ns0:VersionNum>99</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-12</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>1057</ns0:MeasureNum>
<ns0:MeasureState>INT</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Becker</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Becker</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Sections 1338.5 and 1736.6 of, to repeal Section 1735 of, and to repeal and add Sections 1337.9 and 1736.5 of, the Health and Safety Code, relating to health facilities.</ns0:Title>
<ns0:RelatingClause>health facilities</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Licensing: certified nurse assistants and home health aides.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law provides for the licensure and regulation of health facilities, clinics, home health agencies, and hospice agencies, as defined, by the State Department of Public Health. Existing law provides for the certification of nurse assistants and home health aides by the department. A violation of these provisions by a licensee is a crime.</html:p>
<html:p>Existing law authorizes the department to deny an application for, initiate an action to suspend or revoke a certificate for, or deny a training and examination application for a nurse assistant or home health aide under specified circumstances. Existing law requires, with some exceptions, the department to deny a training and examination application and deny, suspend, or revoke a certificate if the applicant or certificate holder has been convicted of a violation of or attempted violation of one or more
specified crimes.</html:p>
<html:p>This bill would instead authorize the department to deny an application for, a certificate for, or a training and examination application for, a nurse assistant or home health aide for various reasons, including if an applicant has been convicted of a crime, as specified, within the preceding 7 years from the date of the application that is substantially related to the qualifications, functions, or duties of a certified nurse assistant or home health aide, regardless of whether the applicant was incarcerated for that crime, as specified, and if the applicant has been subjected to formal discipline by the department or a licensing board in or outside California within the preceding 7 years from the date of the application for professional misconduct that would have been cause for discipline, as specified, and that is substantially related to the qualifications, functions, or duties of a certified nurse assistant or home health aide, as
specified.</html:p>
<html:p>The bill would authorize an applicant or certificate holder whose application to be a nurse assistant or home health aide was denied or certificate was suspended or revoked on the basis of a criminal conviction to, during a period of 2 years after the department receives the criminal record report, provide the department with evidence of good character and rehabilitation or provide the department with evidence that the criminal conviction is no longer grounds for denial, as specified.</html:p>
<html:p>The bill would prescribe requirements for the department in requesting or acting on a nursing assistant or home health aide applicant’s criminal history information, including if the department decides to deny a training and examination application or certificate. The bill would authorize the department to initiate an action to suspend or revoke a certificate for professional misconduct warranting cause for discipline, as specified.
Upon a determination to revoke or suspend a certificate, the bill would prescribe the requirements for the department to notify the certificate holder in writing by certified mail, including providing information about the procedure for the certificate holder to challenge the determination or request reconsideration.</html:p>
<html:p>By expanding the scope of a crime, this bill would impose a state-mandated local program.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_F0D1943C-BC22-41B5-89D2-D5F647B103A5">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1337.9.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1337.9 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_496E7910-A606-4696-9BEA-0D055105A379">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1337.9.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1337.9 is added to the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5319EC11-9482-4D1F-9B2E-17A15597FAB1">
<ns0:Num>1337.9.</ns0:Num>
<ns0:LawSectionVersion id="id_CAA77F58-2E0A-4127-A18C-B31DCE95AEB1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Recidivism is reduced when criminal offenders are given the opportunity to secure employment and engage in a trade, occupation, or profession.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
It is in the interest of public safety to assist in the rehabilitation of criminal offenders by removing impediments and restrictions upon the offenders’ ability to obtain employment or engage in a trade, occupation, or profession based solely upon the existence of a criminal record.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the department, in determining eligibility under this section, have discretion to
consider a conviction, but that the conviction not operate as an automatic bar to certification.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding any other state law or regulation, the department may deny an application for, or deny a training and examination application for, a nurse assistant on the grounds that the applicant has been convicted, as defined in subdivision (k), of a crime or has been subject to formal discipline if either of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A) The applicant has been convicted of a crime within the preceding seven years from the date of the application that is substantially related to the qualifications, functions, or duties of a certified nurse assistant, regardless of whether the applicant was incarcerated for that crime.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the applicant was convicted of a serious felony, as defined in Section 1192.7
of the Penal Code, or a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code, the conviction may be considered regardless of when the conviction occurred.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A) The applicant has been subjected to formal discipline by the department or a licensing board in or outside California within the preceding seven years from the date of application based on professional misconduct that would have been cause for discipline before the department, as described in subdivision (h), and that is substantially related to the qualifications, functions, or duties of a certified nurse assistant.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The prior disciplinary action by the department or a licensing board within the preceding seven years shall not be the basis for denial of a training and examination application or certificate if the basis
for that disciplinary action was a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.4b, or 1203.425 of the Penal Code or a comparable dismissal or expungement.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Formal discipline that occurred earlier than seven years preceding the date of the application may be grounds for denial of a certificate only if the formal discipline was for conduct that would have constituted an act of sexual abuse, misconduct, or relations with a patient pursuant to Section 726 of the Business and Professions Code or sexual exploitation as described in Section 729 of the Business and Professions Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding any state law or regulation, a person shall not be denied a certificate for, or a training and examination application for, a nurse assistant on the basis that the person has been convicted of a crime, or on the basis of acts underlying
a conviction for a crime, if that person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, has been granted clemency or a pardon by a state or federal executive, or has made a showing of good character and rehabilitation as determined by the department pursuant to subdivision (i).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding any other state law or regulation, a person shall not be denied a certificate for, or a training and examination application for, a nurse assistant on the basis of any conviction, or on the basis of the acts underlying the conviction, that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.4b, or 1203.425 of the Penal Code, or a comparable dismissal or expungement. An applicant who has a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.4b, or 1203.425 of the Penal Code, or a comparable
dismissal or expungement, shall provide proof of the dismissal if it is not reflected on the report furnished by the Department of Justice.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding any other state law or regulation, a person shall not be denied a certificate for, or a training and examination application for, a nurse assistant on the basis of an arrest that resulted in a disposition other than a conviction, including an arrest that resulted in an infraction, a citation, or a juvenile adjudication.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department may deny a certificate for, or a training and examination application for, a nurse assistant on the grounds that the applicant knowingly made a false statement of fact that is required to be revealed in the application. The department shall not deny a certificate for, or a training and examination application for, a nurse assistant based solely on an applicant’s failure to disclose a fact
that would not have been cause for denial had it been disclosed.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The department shall follow the following procedures in requesting or acting on an applicant’s criminal history information:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The department shall not require an applicant to disclose any information or documentation regarding the applicant’s criminal history. However, after the department has obtained the person’s criminal offender record information search response information from the Department of Justice pursuant to Section 1338.5, the department may request mitigating information from an applicant regarding the applicant’s criminal history that is grounds for denial under subdivision (b), for purposes of determining substantial relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicant’s decision not to disclose any
information shall not be a factor in any decision to grant or deny a certificate for, or a training and examination application for, a nurse assistant.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the department decides to deny a training and examination application or certificate under this section, the department shall notify the applicant in writing of all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The reasons for the determination.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
That the applicant has the right to appeal the determination.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The processes for the applicant to request a copy of the applicant’s complete conviction history and question the
accuracy or completeness of the record pursuant to Article 5 (commencing with Section 11122) of Chapter 1 of Title 1 of Part 4 of the Penal Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The department may initiate an action to suspend or revoke a certificate for a nurse assistant for professional misconduct warranting cause for discipline under this section, which may include any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Unprofessional conduct involving incompetence, gross negligence, unless due to circumstances beyond the nurse assistant’s control, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A conviction for a crime that is substantially related to the qualifications, functions, or duties of a certified nurse assistant that may be grounds for denial under subdivisions (b) to (f), inclusive.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Procuring a certified nurse assistant certificate by fraud, misrepresentation, or mistake.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Making or giving any false statement or information in conjunction with the application for issuance of a nurse assistant certificate or training and examination application.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Impersonating another certified nurse assistant, a licensed vocational nurse, or a registered nurse, or permitting or allowing another person to use a certificate for the purpose of providing nursing services.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or term of, this article.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
In determining whether or not to deny a training and examination application, or an application for certification, licensure, or renewal, or to suspend or revoke a certificate pursuant to this section, the department shall take into consideration the following factors as evidence of good character and rehabilitation:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The nature and seriousness of the conduct or crime under consideration and its relationship to the person’s employment duties and responsibilities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The period of time that has
elapsed since the commission of the conduct or offense referred to in paragraph (1) or (2) and the number of offenses.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Any rehabilitation evidence, including character references, submitted by the person.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Employment history and current employer recommendations.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The granting by the Governor of a full and unconditional pardon.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
A certificate of rehabilitation from a superior court.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
When the department determines that a certificate shall be suspended, the department shall specify the period of actual suspension. The department may stay the suspension and place the certificate holder on probation with specified conditions for a period not to exceed two years. If the department determines that probation is the appropriate action, the certificate holder shall be notified that in lieu of the department proceeding with a formal action to suspend the certification and in lieu of an appeal pursuant to subdivision (m), the certificate holder may request to enter into a diversion program agreement. A diversion program agreement shall specify terms and conditions related to
matters that include, but are not limited to, work performance, rehabilitation, training, counseling, progress reports, and treatment programs, taking into account the person’s ability to pay for basic necessities as well as ordered treatment. If a certificate holder successfully completes a diversion program, no action shall be taken upon the allegations that were the basis for the diversion agreement. Upon failure of the certificate holder to comply with the terms and conditions of an agreement, the department may proceed with a formal action to suspend or revoke the certification.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
A plea or verdict of guilty, or a conviction following a plea of nolo contendere, shall be deemed a conviction within the meaning of this article. The department may deny an application or deny, suspend, or revoke a certification based on a conviction as provided in this article when the time for appeal has elapsed, when the judgment of conviction has been
affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Upon determination to revoke or suspend a certificate, the department shall notify the certificate holder in writing by certified mail of all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The reasons for the determination.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The certificate holder’s right to appeal the determination.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (m).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The processes for the certificate holder to request a copy of their complete conviction history and question the accuracy or completeness of the record pursuant to Article 5
(commencing with Section 11122) of Chapter 1 of Title 1 of Part 4 of the Penal Code if the determination to revoke or suspend is based on the certificate holder’s criminal history information.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
(1) Upon written notification that the department has determined that an application shall be denied or a certificate shall be denied, suspended, or revoked, the applicant or certificate holder may request an administrative hearing by submitting a written request to the department within 20 business days of receipt of the written notification. Upon receipt of a written request, the department shall hold an administrative hearing pursuant to the procedures specified in Section 100171, except where those procedures are inconsistent with this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A hearing under this section shall be conducted within 60 days of the receipt of the written request of the applicant or certificate
holder submitted pursuant to paragraph (1) by a hearing officer or administrative law judge designated by the director at a location, other than the work facility, that is convenient to the applicant or certificate holder unless the applicant or certificate holder agrees to an extension. The hearing shall be tape recorded and a written decision shall be sent by certified mail to the applicant or certificate holder within 30 calendar days of the hearing. Except as specified in subdivision (h), the effective date of an action to revoke or suspend a certificate shall be specified in the written decision, or if no administrative hearing is timely requested, the effective date shall be 21 business days from written notification of the department’s determination to revoke or suspend.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
The department may revoke or suspend a certificate prior to any hearing when immediate action is necessary in the judgment of the director to protect the public
welfare. Notice of this action, including a statement of the necessity of immediate action to protect the public welfare, shall be sent in accordance with subdivision (l). If the certificate holder requests an administrative hearing pursuant to subdivision (m), the department shall hold the administrative hearing as soon as possible but not later than 30 calendar days from receipt of the request for a hearing. A written hearing decision upholding or setting aside the action shall be sent by certified mail to the certificate holder within 30 calendar days of the hearing.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
Upon the expiration of the term of suspension, the person shall be reinstated by the department and shall be entitled to resume practice unless it is established to the satisfaction of the department that the person has practiced as a certified nurse assistant in this state during the term of suspension. In this event, the department shall revoke the person’s
certificate.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
Upon a determination to deny an application or deny, revoke, or suspend a certificate, the department shall notify the employer of the applicant or certificate holder in writing of that determination, and whether the determination is final, or whether a hearing is pending relating to this determination. If a licensee or facility is required to deny employment or terminate employment of the employee based upon notice from the state that the employee is determined to be unsuitable for employment under this section, the licensee or facility shall not incur criminal, civil, unemployment insurance, workers’ compensation, or administrative liability as a result of that denial or termination.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_48415C4F-93FF-4321-AAB4-D80CF0D09D3E">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1338.5.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1338.5 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C326C181-6B0F-4E06-BC32-9D161D7C2039">
<ns0:Num>1338.5.</ns0:Num>
<ns0:LawSectionVersion id="id_D205195C-05C0-44DB-9A0E-1CDC7ECFD9F5">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A criminal record clearance shall be conducted for all nurse assistants by the submission of fingerprint images and related information to the department for processing at the Department of Justice. The licensing and certification program shall issue an All Facilities Letter (AFL) to facility licensees when both of the following criteria are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The program receives, within three business days, 95 percent of its total responses indicating no evidence of recorded criminal information from the Department of Justice.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The program processes 95 percent
of its total responses requiring disqualification in accordance with subparagraph (C) of paragraph (2) of subdivision (a) of Section 1337.9, as that section read on January 1, 2014, no later than 45 days after the date that the report is received from the Department of Justice.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
After the AFL is issued, licensees shall not allow nurse assistant trainees or newly hired nurse assistants to have direct contact with clients or residents of the facility prior to completion of the criminal record clearance. A criminal record clearance shall be complete when the department has obtained the person’s criminal offender record information search response information from the Department of Justice and has determined pursuant to Section 1337.9 that the person is not disqualified from engaging in the activity for which clearance is required.
Notwithstanding any other provision of law, the department may, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, implement, interpret, or make specific this paragraph by means of an AFL or similar instruction. The fee to cover the processing costs of the Department of Justice, not including the costs associated with capturing or transmitting the fingerprint images and related information, shall not exceed thirty-two dollars ($32) per submission.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An applicant or certificate holder whose application was denied or certificate was suspended or revoked on the basis of a criminal conviction
under Section 1337.9
may, during a period of two years after the department receives the criminal record report, provide the department with evidence of good character and rehabilitation in accordance with subdivision (i) of Section 1337.9 or provide the department with evidence that the criminal conviction is no longer grounds for denial pursuant to subdivisions (b) to (e), inclusive, of Section 1337.9. Upon receipt of a new application for certification of the individual, the department may receive and consider the evidence during the two-year period without requiring additional fingerprint imaging to clear the individual.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The department’s Licensing and Certification Program shall explore and implement methods for maximizing its
efficiency in processing criminal record clearances within the requirements of law, including a streamlined clearance process for persons who have been disqualified on the basis of criminal convictions.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Upon enrollment in a training program for nurse assistant certification, and prior to direct contact with residents, a candidate for training shall submit a training and examination application and the fingerprint cards to the department to receive a criminal record review through the Department of Justice. Submission of the fingerprints to the Federal Bureau of Investigation shall be at the discretion of the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An applicant and any other person specified in this
subdivision, as part of the background clearance process, shall provide information as to whether or not any prior administrative action was taken against them by any federal, state, or local governmental agency and shall certify that, to the best of their knowledge, the information
provided is true. An applicant or other person required to provide information pursuant to this section that knowingly or willfully makes false statements, representations, or omissions may be subject to administrative action, including, but not limited to, denial of
their application or exemption or revocation of any exemption previously granted.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Each health facility that operates and is used as a clinical skills site for certification training, and each health facility, prior to hiring a nurse assistant applicant certified in another state or country, shall arrange for and pay the cost of the fingerprint live scan service and the Department of Justice processing costs for each applicant. Health facilities may not pass these costs through to nurse assistant applicants unless allowed by federal law enacted subsequent to the effective date of this paragraph.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The use of fingerprint live scan technology implemented by the Department of Justice by the year 1999 shall be used by the Department of Justice to generate timely and accurate positive fingerprint identification prior to nurse assistant
certification and prior to direct contact with residents by the nurse assistant applicant. The department shall explore options to work with private and governmental agencies to ensure that licensees have adequate access to electronic transmission sites, including requiring the department to maintain a contract for electronic transmission services in each of the district offices where facilities have indicated problems with timely access to electronic transmission sites or consistent delays of more than three business days in obtaining appointments for electronic transmission services through a private entity, governmental agency, or law enforcement agency.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The
department shall develop procedures to ensure that any licensee, direct care staff, or certificate holder for whom a criminal record has been obtained pursuant to this section or Section 1265.5 or 1736 shall not be required to obtain multiple criminal record clearances.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the department is experiencing a delay in processing the renewal of the certified nursing assistant’s certification at the time of the expiration of the certified nursing assistant’s certification, the department may extend the expiration of the certified nursing assistant’s certification for six months.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If, at any time, the department determines that it does not meet the standards specified in clauses (i) and (ii) of subparagraph (A) of paragraph (1) of subdivision (a), for a period of 90 consecutive days, the requirements in paragraph (1) of subdivision (a) shall be inoperative until the
department can demonstrate it has met those standards for a period of 90 consecutive days.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
During any time in which the requirements of paragraph (1) of subdivision (a) are inoperative, facilities may allow newly hired nurse assistants to have direct contact with clients or residents of the facility after those persons have submitted live scan fingerprint images to the Department of Justice, and the department shall issue an AFL advising facilities of this change in the statutory requirements.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notwithstanding any other law, in addition to the requirement under subparagraph (D) of paragraph (2) of subdivision (g) of Section 1337.9 the department is authorized to provide
a training and examination applicant, applicant for certificate, or certificate holder with a copy of
their state or federal level criminal offender record information search response as provided to that department by the Department of Justice if the department has denied a criminal background clearance based on this information and the individual makes a written request to the department for a copy specifying an address to which it is to be sent. The state or federal level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice and shall be provided to the address specified by the individual in their written request. The department shall retain a copy of the individual’s written request and the response and date provided.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_82144523-91AF-4D65-B89E-26D4B9541318">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1735.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1735 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_7190D418-2D23-4E84-A78E-4369A954E5BC">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1736.5.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1736.5 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_ED74698F-04FC-48B4-9B16-35D4D8F57891">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1736.5.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1736.5 is added to the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_38574880-73B9-42D8-BC3D-5F6F717E2CB1">
<ns0:Num>1736.5.</ns0:Num>
<ns0:LawSectionVersion id="id_986A5EEC-99BD-4E37-B6EB-929B8F3FC586">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other state law or regulation, the department may deny an application for a certificate for, or deny a training application for, a home health aide on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline only if either of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A) The applicant has been convicted of a crime within the preceding seven years from the date of the application that is substantially related to the qualifications, functions, or duties of a home health aide, regardless of whether the applicant was incarcerated for that crime.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the applicant was convicted of a serious felony, as defined in Section
1192.7 of the Penal Code, or a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code, the conviction may be considered regardless of when the conviction occurred.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A) The applicant has been subjected to formal discipline by the department or a licensing board in or outside California within the preceding seven years from the date of application based on professional misconduct that would have been cause for discipline before the department, as described in paragraph (1) of subdivision (g), and that is substantially related to the qualifications, functions, or duties of a home health aide.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Prior disciplinary action by the department or a licensing board within the preceding seven years shall not be the basis for denial of a training application or certification if the basis for
that disciplinary action was a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.4b, or 1203.425 of the Penal Code or a comparable dismissal or expungement.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Formal discipline that occurred earlier than seven years preceding the date of the application may be grounds for denial of a license only if the formal discipline was for conduct that would have constituted an act of sexual abuse, misconduct, or relations with a patient pursuant to Section 726 of the Business and Professions Code or sexual exploitation as described in Section 729 of the Business and Professions Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, a person shall not be denied a certificate for, or a training application for, a home health aide on the basis that the person has been convicted of a crime, or on the basis of acts underlying a conviction for a
crime, if that person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, has been granted clemency or a pardon by a state or federal executive, or has made a showing of good character and rehabilitation as determined by the department pursuant to paragraph (2) of subdivision (g).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, a person shall not be denied a certificate for, or a training application for, a home health aide on the basis of any conviction, or on the basis of the acts underlying the conviction, that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.4b, or 1203.425 of the Penal Code, or a comparable dismissal or expungement. An applicant who has a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.4b, or 1203.425 of the Penal Code, or a comparable dismissal or expungement,
shall provide proof of the dismissal if it is not reflected on the report furnished by the Department of Justice.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding any other law or regulation, a person shall not be denied a certificate for, or a training application for, a home health aide on the basis of an arrest that resulted in a disposition other than a conviction, including an arrest that resulted in an infraction, a citation, or a juvenile adjudication.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department may deny a certificate for, or a training application for, a home health aide on the grounds that the applicant knowingly made a false statement of fact that is required to be revealed in the application. The department shall not deny a certificate for, or a training application for, a home health aide based solely on an applicant’s failure to disclose a fact that would not have been cause for denial had it been disclosed.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department shall follow the following procedures in requesting or acting on an applicant’s criminal history information:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The department shall not require an applicant to disclose any information or documentation regarding the applicant’s criminal history. However, after the department has obtained the person’s criminal offender record information search response information from the Department of Justice pursuant to Section 1736.6, the department may request mitigating information from an applicant regarding the applicant’s criminal history that is grounds for denial under subdivision (a), for purposes of determining substantial relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicant’s decision not to disclose any information shall not be a factor in any decision to grant or deny a
certificate for, or a training application for, a home health aide.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the department decides to deny a training application or certificate under this section, the department shall notify the applicant in writing of all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The reasons for the determination.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to subdivision (k).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
That the applicant has the right to appeal the determination.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The processes for the applicant to request a copy of the applicant’s complete conviction history and question the accuracy or completeness of the record pursuant to Article 5 (commencing with Section 11122) of
Chapter 1 of Title 1 of Part 4 of the Penal Code.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1) The department may initiate an action to suspend or revoke a certificate for a home health aide for professional misconduct warranting cause for discipline under this article, which may include any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Unprofessional conduct involving incompetence, gross negligence, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A conviction for a crime that is substantially related to the qualifications, functions, or duties of a home health aide that may be grounds for denial under subdivisions (a) to (e), inclusive.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Procuring a home health aide certificate by fraud, misrepresentation, or mistake.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Making or giving any false statement or information in conjunction with the application for issuance of a home health aide certificate or training and examination application.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Impersonating another home health aide, a licensed vocational nurse, or a registered nurse, or permitting or allowing another person to use a certificate for the purpose of providing nursing services.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or term of, this article.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In determining whether or not to deny a training application or an application for certification, or to suspend or revoke a certificate issued under this article pursuant to this section, the department shall take into consideration the following factors as evidence of good character and rehabilitation:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The nature and seriousness of the offense under consideration and its relationship to the person’s employment duties and responsibilities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The time that has elapsed since the commission of the conduct or offense referred to in subparagraph (A) or (B) and the number of offenses.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The extent to
which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Any rehabilitation evidence, including character references, submitted by the person.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Employment history and current employer recommendations.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Granting by the Governor of a full and unconditional pardon.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
A certificate of rehabilitation from a
superior court.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
When the department determines that a certificate shall be suspended, the department shall specify the period of actual suspension. The department may determine that the suspension shall be stayed, placing the certificate holder on probation with specified conditions for a period not to exceed two years. When the department determines that probation is the appropriate action, the certificate holder shall be notified that in lieu of the department proceeding with a formal action to suspend the certification and in lieu of an appeal pursuant to subdivision (k), the certificate holder may request to enter into a diversion program agreement. A diversion program agreement shall specify terms and conditions related to matters that include, but are not limited to, work performance, rehabilitation, training, counseling, progress reports, and treatment programs subject to the certificate holder’s ability to pay for basic necessities
and the costs to comply with ordered terms and conditions. If a certificate holder successfully completes a diversion program, no action shall be taken upon the allegations that were the basis for the diversion agreement. Upon failure of the certificate holder to comply with the terms and conditions of an agreement, the department may proceed with a formal action to suspend or revoke the certification.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A plea or verdict of guilty, or a conviction following a plea of nolo contendere, shall be deemed a conviction within the meaning of this article. The department may deny an application or deny, suspend, or revoke a certification based on a conviction as provided in this article when the time for appeal has elapsed, when the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Upon
determination to revoke or suspend a certificate, the department shall notify the certificate holder in writing by certified mail of all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The reasons for the determination.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The certificate holder’s right to appeal the determination.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (k).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The processes for the certificate holder to request a copy of their complete conviction history and question the accuracy or completeness of the record pursuant to Article 5 (commencing with Section 11122) of Chapter 1 of Title 1 of Part 4 of the Penal Code if the determination to revoke or suspend is based on the certificate holder’s criminal history
information.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1) Upon written notification that the department has determined that an application shall be denied or a certificate shall be denied, suspended, or revoked under this section, the applicant or certificate holder may request an administrative hearing by submitting a written request to the department within 20 business days of receipt of the written notification. Upon receipt of a written request, the department shall hold an administrative hearing pursuant to the procedures specified in Section 100171, except where those procedures are inconsistent with this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A hearing under this section shall be conducted by a hearing officer or administrative law judge designated by the director at a location, other than the work facility, that is convenient to the applicant or certificate holder. The hearing shall be audio or video recorded and a written decision
shall be sent by certified mail to the applicant or certificate holder within 30 calendar days of the hearing. Except as specified in subdivision (i), the effective date of an action to revoke or suspend a certificate shall be specified in the written decision, or if no administrative hearing is timely requested, the effective date shall be 21 business days from written notification of the department’s determination to revoke or suspend.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
The department may revoke or suspend a certificate prior to any hearing when immediate action is necessary in the judgment of the director to protect the public welfare. Notice of this action, including a statement of the necessity of immediate action to protect the public welfare, shall be sent in accordance with subdivision (j). If the certificate holder requests an administrative hearing pursuant to subdivision (k), the department shall hold the administrative hearing as soon as possible but not later
than 30 calendar days from receipt of the request for a hearing. A written hearing decision upholding or setting aside the action shall be sent by certified mail to the certificate holder within 30 calendar days of the hearing.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Upon the expiration of the term of suspension, the certificate holder shall be reinstated by the department and shall be entitled to resume practice unless it is established to the satisfaction of the department that the person has practiced as a home health aide in California during the term of suspension. In this event, the department shall revoke the person’s certificate.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Upon a determination to deny an application or deny, revoke, or suspend a certificate, the department shall notify the employer of the applicant or certificate holder in writing of that determination, and whether the determination is final, or whether a hearing is pending
relating to this determination. If a licensee or facility is required to deny employment or terminate employment of the employee based upon notice from the state that the employee is determined to be unsuitable for employment under this section, the licensee or facility shall not incur criminal, civil, unemployment insurance, workers’ compensation, or administrative liability as a result of that denial or termination.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_993DEB08-27AC-47D3-AAB8-51B891153586">
<ns0:Num>SEC. 7.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1736.6.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1736.6 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_7E08161A-92F0-4B7E-BC87-1D5548F198D9">
<ns0:Num>1736.6.</ns0:Num>
<ns0:LawSectionVersion id="id_C38F0A9E-1C26-4453-84A4-95F45AD6078B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A criminal record clearance shall be conducted by the department for all home health aides by electronically submitting fingerprint images and related information to the Department of Justice. The Licensing and Certification Program shall issue an All Facilities Letter (AFL) to facility licensees when it determines that both of the following criteria have been met for a period of 30 days:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The program receives, within three business days, 95 percent of its total responses indicating no evidence of recorded criminal information from the Department of Justice.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The program processes 95 percent of its total responses requiring disqualification with notices mailed to
the individual in accordance with subdivision (a) of Section 1736.5, no later than 45 days after the date that the report is received from the Department of Justice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
After the AFL is issued, facilities must not allow newly hired administrators, program directors, and fiscal officers to have direct contact with clients or residents of the facility prior to completion of the criminal record clearance. A criminal record clearance shall be complete when the department has obtained the person’s criminal offender record information search response from the Department of Justice and has determined pursuant to Section 1736.5 that the person is not disqualified from engaging in the activity for which clearance is required. Applicants shall be responsible for any costs associated with capturing or transmitting the fingerprint images and related
information. The fee to cover the processing costs of the Department of Justice, not including the costs associated with capturing or transmitting the fingerprint images and related information, shall not exceed thirty-two dollars ($32) per submission.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An applicant or certificate holder whose application was denied or certificate was suspended or revoked on the basis of a criminal conviction under Section 1736.5 may, during a
period of two years after the department receives the criminal record report, provide the department with evidence of good character and rehabilitation in accordance with
paragraph (2) of subdivision (g) of Section 1736.5 or provide the department with evidence that the criminal conviction is no longer grounds for denial pursuant to subdivisions (a) to (d), inclusive, of Section 1736.5. Upon receipt of a new application for certification of the individual, the department may receive and consider the evidence during the two-year period without requiring additional fingerprint imaging to clear the individual.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The department’s Licensing and Certification Program shall explore and implement methods for maximizing its efficiency in processing criminal record clearances within the requirements of law, including a streamlined clearance process for persons that have been disqualified on
the basis of criminal
convictions.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Upon enrollment in a training program for home health aide certification, and prior to direct contact with residents, a candidate for training shall submit a training and examination application to the department and submit electronic fingerprint images and related information to receive a criminal record review through the Department of Justice. This criminal record clearance shall be completed prior to direct contact with residents. Submission of the fingerprint images to the Federal Bureau of Investigation, through the Department of Justice, shall be at the discretion of the department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A criminal record clearance, consistent with this section shall be implemented for home health aide applicants beginning July 1, 1998, and phased
in for all certified home health aides by June 30, 2000.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall develop procedures to ensure that any licensee, direct care staff, or certificate holder for whom a criminal record has been obtained pursuant to this section or Section 1265.6 or 1338.5 shall not be required to obtain multiple criminal record clearances.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An applicant and any other person specified in this subdivision, as part of the background clearance process, shall provide information as to whether or not
any prior administrative action was taken against
them by any federal, state, or local governmental agency and shall certify that, to the best of their knowledge, the information provided is true. An applicant or other person required to provide information pursuant to this section that knowingly or willfully makes false statements, representations, or omissions may be subject to administrative action, including, but not limited to, denial of
their application or exemption or revocation of any exemption previously granted.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If, at any time, the department determines that it does not meet the standards specified in subparagraphs (A) and (B) of paragraph (1) of subdivision (a) for a period of 90 consecutive days, the requirements in subdivision (a) shall be inoperative until the department determines that it has met those standards for a period of 90 consecutive days.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
During any period of time in which the requirements of subdivision (a) are inoperative, home health agencies may allow newly hired home health aides to have direct contact with patients after those persons have submitted live-scan fingerprint images to the Department of Justice, and the department shall issue an AFL advising facilities of this change in the statutory requirement.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Notwithstanding any other provision of law,
in addition to the requirement under subparagraph (D) of paragraph (2) of subdivision (f) of Section 1736.5, the department may provide a training examination applicant, applicant for certificate, or certificate holder with a copy of their state or federal level criminal offender record information search response as provided to that department by the Department of Justice if the department has denied a criminal background clearance based on this information and the individual makes a written request to the department for a copy specifying an address to which it is to
be sent. The state or federal level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice and shall be provided to the address specified by the individual in their written request. The department shall retain a copy of the individual’s written request and the response and date provided.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_2A2F7FC6-0A45-4EAB-9DDD-C72C526D04F4">
<ns0:Num>SEC. 8.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>