SB 1057: Licensing: certified nurse assistants and home health aides.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-09-04
Current Status:
In Progress
(2026-09-18: In Senate. Consideration of Governor's veto pending.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
The bill lets the state health department deny or suspend certification for certified nurse assistants and home health aides if the person has a criminal conviction in the past seven years or recent professional discipline that is directly related to the job. Certain serious crimes — such as serious felonies, crimes requiring sex‑offender registration, or financial abuse — can be considered no matter when they occurred, and applicants may submit proof of rehabilitation for up to two years after the department receives their criminal record. It also requires certified nurse assistants to complete 48 hours of continuing education or in‑service training every two years, which may be done in person or by approved online or distance‑learning formats.
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(1)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.
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.
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 directly and adversely 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 directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant or home health aide, as specified.
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.
The bill would prescribe requirements for the department in requesting or acting on a nursing assistant or home health aide applicants 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.
By expanding the scope of a crime, this bill would impose a state-mandated local program.
(2)Existing law governs the certification of a certified nurse assistant in a licensed skilled nursing or intermediate care facility. Existing law requires renewal of that certification to be conditional upon specified occurrences, including that the certificate holder submitted documentation of completion of 48 hours of in-service training every 2 years, as specified. Existing law requires at least 12 of the 48 hours of in-service training to be completed in each of the 2 years. Existing law requires that 24 of the 48 hours may be obtained through a specified online computer training program.
In order to renew an unexpired certificate, existing law requires the certificate holder to, on or before the expiration date, apply for renewal on a form provided by the department and to submit documentation of the required in-service training. Existing law authorizes an expired certificate to be renewed at any time within 2 years of its expiration on the filing of an application for renewal on a form provided by the department and documentation of the required in-service education.
This bill would additionally authorize the certificate holder to submit documentation of 48 hours of continuing education every 2 years. The bill would require at least 12 of the 48 hours of continuous education or in-service training to be completed in each of the 2 years. The bill would authorize the 48 continuing education or in-service hours to be obtained through in-person instructions, synchronous online instruction, asynchronous online instruction, or other distance learning formats approved by the department. This bill would require, to renew an unexpired certificate, or authorize, to renew an expired certificate within 2 years after expiration, the certificate holder to submit documentation of the continuing education or in-service training.
(3)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.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)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.
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.
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 directly and adversely 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 directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant or home health aide, as specified.
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.
The bill would prescribe requirements for the department in requesting or acting on a nursing assistant or home health aide applicants 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.
By expanding the scope of a crime, this bill would impose a state-mandated local program.
(2)Existing law governs the certification of a certified nurse assistant in a licensed skilled nursing or intermediate care facility. Existing law requires renewal of that certification to be conditional upon specified occurrences, including that the certificate holder submitted documentation of completion of 48 hours of in-service training every 2 years, as specified. Existing law requires at least 12 of the 48 hours of in-service training to be completed in each of the 2 years. Existing law requires that 24 of the 48 hours may be obtained through a specified online computer training program.
In order to renew an unexpired certificate, existing law requires the certificate holder to, on or before the expiration date, apply for renewal on a form provided by the department and to submit documentation of the required in-service training. Existing law authorizes an expired certificate to be renewed at any time within 2 years of its expiration on the filing of an application for renewal on a form provided by the department and documentation of the required in-service education.
This bill would additionally authorize the certificate holder to submit documentation of 48 hours of continuing education every 2 years. The bill would require at least 12 of the 48 hours of continuous education or in-service training to be completed in each of the 2 years. The bill would authorize the 48 continuing education or in-service hours to be obtained through in-person instructions, synchronous online instruction, asynchronous online instruction, or other distance learning formats approved by the department. This bill would require, to renew an unexpired certificate, or authorize, to renew an expired certificate within 2 years after expiration, the certificate holder to submit documentation of the continuing education or in-service training.
(3)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.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)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.
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.
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 directly and adversely 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 directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant or home health aide, as specified.
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.
The bill would prescribe requirements for the department in requesting or acting on a nursing assistant or home health aide applicants 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.
By expanding the scope of a crime, this bill would impose a state-mandated local program.
(2)Existing law governs the certification of a certified nurse assistant in a licensed skilled nursing or intermediate care facility. Existing law requires renewal of that certification to be conditional upon specified occurrences, including that the certificate holder submitted documentation of completion of 48 hours of in-service training every 2 years, as specified. Existing law requires at least 12 of the 48 hours of in-service training to be completed in each of the 2 years. Existing law requires that 24 of the 48 hours may be obtained through a specified online computer training program.
In order to renew an unexpired certificate, existing law requires the certificate holder to, on or before the expiration date, apply for renewal on a form provided by the department and to submit documentation of the required in-service training. Existing law authorizes an expired certificate to be renewed at any time within 2 years of its expiration on the filing of an application for renewal on a form provided by the department and documentation of the required in-service education.
This bill would additionally authorize the certificate holder to submit documentation of 48 hours of continuing education every 2 years. The bill would require at least 12 of the 48 hours of continuous education or in-service training to be completed in each of the 2 years. The bill would authorize the 48 continuing education or in-service hours to be obtained through in-person instructions, synchronous online instruction, asynchronous online instruction, or other distance learning formats approved by the department. This bill would require, to renew an unexpired certificate, or authorize, to renew an expired certificate within 2 years after expiration, the certificate holder to submit documentation of the continuing education or in-service training.
The(3)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.
This bill would provide that no reimbursement is required by this act for a specified reason.
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.
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.
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 directly and adversely 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 directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant or home health aide, as specified.
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.
The bill would prescribe requirements for the department in requesting or acting on a nursing assistant or home health aide applicants 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.
By expanding the scope of a crime, this bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
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.
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.
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 directly and adversely 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 directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant or home health aide, as specified.
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.
The bill would prescribe requirements for the department in requesting or acting on a nursing assistant or home health aide applicants 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.
By expanding the scope of a crime, this bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
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.
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.
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 directly and adversely 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 directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant or home health aide, as specified.
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.
The bill would prescribe requirements for the department in requesting or acting on a nursing assistant or home health aide applicants 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.
By expanding the scope of a crime, this bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
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.
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.
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.
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.
The bill would prescribe requirements for the department in requesting or acting on a nursing assistant or home health aide applicants 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.
By expanding the scope of a crime, this bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)Certificates issued under this article shall be renewed every two years and renewal shall be conditional upon the occurrence of all of the following:
(1)The certificate holder submitting documentation of completion of 48 hours of continuing education or in-service training every two years obtained through a provider approved by the department. At least 12 of the 48 hours of continuing education or in-service training shall be completed in each of the two years. The required 48 continuing education or in-service hours may be obtained through in-person instruction, synchronous online instruction, asynchronous online instruction, or other distance learning formats approved by the department.
(2)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion where the participants receive feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and shall be made available to the department upon demand.
(B)The department may approve online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the other requirements of this section.
(3)The certificate holder obtaining a criminal record clearance.
(b)Certificates issued under this article shall expire on the certificate holders birthday.
(c)To renew an unexpired certificate, the certificate holder shall, on or before the certificate expiration date, apply for renewal on a form provided by the department and submit documentation of the required continuing education or in-service training.
(d)The department shall give written notice to a certificate holder 90 days in advance of the renewal date and, 90 days in advance of the expiration of the fourth year that a renewal application has not been submitted, and shall give written notice informing the certificate holder, in general terms, of the provisions of this article. Nonreceipt of the renewal notice does not relieve the certificate holder of the obligation to make a timely renewal. Failure to make a timely renewal shall result in expiration of the certificate.
(e)Except as otherwise provided in this article, an expired certificate may be renewed at any time within two years after its expiration on the filing of an application for renewal on a form prescribed by the department and documentation of the required continuing education or in-service education.
Renewal under this article shall be effective on the date on which the application is filed. If so renewed, the certificate shall continue in effect until the date provided for in this article, when it shall expire if it is not again renewed.
(f)If a certified nurse assistant applies for renewal more than two years after the expiration, the certified nurse assistant shall complete an approved 75-hour competency evaluation training program and competency evaluation program. A suspended certificate is subject to expiration and shall be renewed as provided in this article, but this renewal does not entitle the certificate holder, while the certificate remains suspended, and, until it is reinstated, to engage in the certified activity, or in any other activity or conduct in violation of the order or judgment by which the certificate was suspended.
(g)A revoked certificate is subject to expiration as provided in this article, but it cannot be renewed.
(h)Except as provided in subdivision (i), a certificate that is not renewed within four years after its expiration cannot be renewed, restored, reissued, or reinstated except upon completion of a certification program unless deemed otherwise by the department if both of the following conditions are met:
(1)No fact, circumstance, or condition exists that, if the certificate was issued, would justify its revocation or suspension.
(2)The person takes and passes any examination that may be required of an applicant for a new certificate at that time, that shall be given by an approved provider of a certification training program.
(i)A certified nurse assistant whose certificate has expired after two years may have their certificate renewed if they complete 75 hours in an approved competency evaluation training program, passes a competency test, and obtains a criminal background clearance prior to the renewal. The department shall develop a training program for these previously certified individuals.
(j)Certificate holders shall notify the department within 60 days of any change of address. Any notice sent by the department shall be effective if mailed to the current address filed with the department.
(k)Certificate holders that have been certified as both nurse assistants pursuant to this article and home health aides pursuant to Chapter 8 (commencing with Section 1725) of Division 2 shall renew their certificates at the same time on one application.
SEC. 2.Section 1337.9 of the Health and Safety Code is repealed.SEC. 3.Section 1337.9 is added to the Health and Safety Code, to read:1337.9.(a)The Legislature finds and declares all of the following:
(1)Recidivism is reduced when people convicted of a crime are given the opportunity to secure employment and engage in a trade, occupation, or profession.
(2)It is in the interest of public safety to assist in the rehabilitation of people convicted of a crime by removing impediments and restrictions upon the persons ability to obtain employment or engage in a trade, occupation, or profession based solely upon the existence of a criminal record.
(3)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.
(b)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:
(1)(A) The applicant has been convicted of a crime within the preceding seven years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a certified nurse assistant and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application.
(B)If the applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code, or a misdemeanor or felony involving financial abuse, the conviction may be considered regardless of when the conviction occurred.
(2)(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 directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant.
(B)(i)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.
(ii)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 involving financial abuse, or 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.
(c)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).
(d)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.
(e)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, diversion, deferred entry of judgment, or a juvenile adjudication.
(f)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 applicants failure to disclose a fact that would not have been cause for denial had it been disclosed.
(g)The department shall follow the following procedures in requesting or acting on an applicants criminal history information:
(1)The department shall not require an applicant to disclose any information or documentation regarding the applicants criminal history prior to obtaining the persons criminal offender record information search response information from the Department of Justice pursuant to Section 1338.5. After the department has received the criminal offender record information, the department may request mitigating information from an applicant regarding the applicants criminal history that is grounds for denial under subdivision (b), for purposes of determining direct and adverse relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicants 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.
(2)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:
(A)The reasons for the determination.
(B)Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to this section.
(C)That the applicant has the right to appeal the determination.
(D)The processes for the applicant to request a copy of the applicants 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.
(h)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:
(1)Unprofessional conduct involving incompetence, gross negligence, unless due to circumstances beyond the nurse assistants control, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
(2)A conviction for a crime that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant that may be grounds for denial under subdivisions (b) to (f), inclusive.
(3)Procuring a certified nurse assistant certificate by fraud, misrepresentation, or mistake.
(4)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.
(5)Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
(6)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.
(7)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.
(i)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:
(1)The nature and seriousness of the conduct or crime under consideration and whether the crime is directly and adversely related to the persons employment duties, functions, and responsibilities.
(2)Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
(3)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.
(4)The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person and successful or dearly discharge from probation, parole, post-release community supervision, or any criminal supervision.
(5)Any rehabilitation evidence, including character references, submitted by the person.
(6)Employment history and current employer recommendations.
(7)Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
(8)An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code, or a comparable dismissal or expungement.
(9)The granting by the Governor of a full and unconditional pardon.
(10)A certificate of rehabilitation from a superior court.
(11)Abstinence from the use of controlled substances or alcohol if the conduct which is the basis for the departments action is attributable in part or whole to the use of controlled substances or alcohol.
(12)Stability of family life and fulfillment of parental and familiar responsibilities subsequent to the conviction or conduct that is the basis for the departments action.
(j)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 persons 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.
(k)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. If the person entered a plea and successfully completed deferred entry of judgment or diversion, the arrest will be treated according to subdivision (e). 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.
(l)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:
(1)The reasons for the determination.
(2)The certificate holders right to appeal the determination.
(3)Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (m).
(4)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 holders criminal history information.
(m)(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.
(2)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 departments determination to revoke or suspend.
(n)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.
(o)Upon the expiration of the term of suspension, the person shall be reinstated by the department and shall be entitled to resume practice unless there is evidence 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 persons certificate, following the procedures provided in subdivisions (l) to (n), inclusive.
(p)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 in accordance with paragraph (2) of subdivision (m), 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.
(q)As used in this section, financial abuse occurs when a person does any of the following:
(1)Takes, secretes, appropriates, obtains, or retains real or personal property of another for a wrongful use or with intent to defraud, or both.
(2)Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of another for a wrongful use or with intent to defraud, or both.
(3)Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of another by undue influence, as defined in Section 15610.70 of the Welfare and Institutions Code.
SEC. 4.Section 1338.5 of the Health and Safety Code is amended to read:1338.5.(a)(1)(A)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:
(i)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.
(ii)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.
(B)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 persons 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.
(C)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.
(D)The departments 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.
(2)(A)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.
(B)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.
(3)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.
(b)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.
(c)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.
(d)If the department is experiencing a delay in processing the renewal of the certified nursing assistants certification at the time of the expiration of the certified nursing assistants certification, the department may extend the expiration of the certified nursing assistants certification for six months.
(e)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.
(f)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.
(g)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 individuals written request and the response and date provided.
SEC. 5.Section 1735 of the Health and Safety Code is amended to read:1735.The department may deny any application for, or suspend or revoke, any license issued under the provisions of this chapter upon any of the following grounds and in the manner hereinafter provided:
(a)Prior termination from the federal Medicare Program or the Medi-Cal program due to noncompliance, or licensure suspension or revocation, of a home health agency owned, operated, or managed by the applicant or licensee.
(b)Demonstration of a pattern and practice of violations of state or federal standards during the last three years of a home health agency owned, operated, or managed by the applicant or licensee.
(c)The applicant or licensee is on the List of Excluded Individuals/Entities of the United States Department of Health and Human Services Office of Inspector General.
(d)Failure by home health agency management personnel to cooperate with the department for the purposes of conducting an inspection or complaint investigation.
(e)Failure by a home health agency to report a change in owner, home health agency management personnel, service area, or location.
SEC. 6.Section 1736.5 of the Health and Safety Code is repealed.SEC. 7.Section 1736.5 is added to the Health and Safety Code, to read:1736.5.(a)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:
(1)(A)The applicant has been convicted of a crime within the preceding seven years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a home health aide, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a home health aide and for which the applicant is presently incarcerated, or for which the applicant was released from incarceration within the preceding seven years from the date of application.
(B)If the applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code, or a misdemeanor or felony involving financial abuse, the conviction may be considered regardless of when the conviction occurred.
(2)(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 directly and adversely related to the qualifications, functions, or duties of a home health aide.
(B)(i)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.
(ii)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 involving financial abuse, or 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.
(b)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).
(c)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.
(d)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, diversion, deferred entry of judgment, or a juvenile adjudication.
(e)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 applicants failure to disclose a fact that would not have been cause for denial had it been disclosed.
(f)The department shall follow the following procedures in requesting or acting on an applicants criminal history information:
(1)The department shall not require an applicant to disclose any information or documentation regarding the applicants criminal history prior to obtaining the persons criminal offender record information search response information from the Department of Justice pursuant to Section 1736.6. After the department has received the criminal offender record information, the department may request mitigating information from an applicant regarding the applicants criminal history that is grounds for denial under subdivision (a), for purposes of determining direct and adverse relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicants 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.
(2)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:
(A)The reasons for the determination.
(B)Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to subdivision (k).
(C)That the applicant has the right to appeal the determination.
(D)The processes for the applicant to request a copy of the applicants 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.
(g)(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:
(A)Unprofessional conduct involving incompetence, gross negligence, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
(B)A conviction for a crime that is directly and adversely related to the qualifications, functions, or duties of a home health aide that may be grounds for denial under subdivisions (a) to (e), inclusive.
(C)Procuring a home health aide certificate by fraud, misrepresentation, or mistake.
(D)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.
(E)Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
(F)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.
(G)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.
(2)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:
(A)The nature and seriousness of the offense under consideration and its relationship to the persons employment duties and responsibilities.
(B)Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
(C)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.
(D)The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person.
(E)Any rehabilitation evidence, including character references, submitted by the person.
(F)Employment history and current employer recommendations.
(G)Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
(H)An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code, or a comparable dismissal or expungement.
(I)Granting by the Governor of a full and unconditional pardon.
(J)A certificate of rehabilitation from a superior court.
(K)Abstinence from the use of controlled substances or alcohol if the conduct which is the basis for the departments action is attributable in part or whole to the use of controlled substances or alcohol.
(L)Stability of family life and fulfillment of parental and familiar responsibilities subsequent to the conviction or conduct that is the basis for the departments action.
(h)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 holders 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.
(i)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, except for successfully completed diversion and deferred entry of judgment. 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.
(j)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:
(1)The reasons for the determination.
(2)The certificate holders right to appeal the determination.
(3)Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (k).
(4)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 holders criminal history information.
(k)(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.
(2)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 departments determination to revoke or suspend.
(l)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.
(m)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 persons certificate.
(n)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 in accordance with paragraph (2) of subdivision (k), 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.
(o)As used in this section, financial abuse occurs when a person does any of the following:
(1)Takes, secretes, appropriates, obtains, or retains real or personal property of another for a wrongful use or with intent to defraud, or both.
(2)Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of another for a wrongful use or with intent to defraud, or both.
(3)Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of another by undue influence, as defined in Section 15610.70 of the Welfare and Institutions Code.
SEC. 8.Section 1736.6 of the Health and Safety Code is amended to read:1736.6.(a)(1)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:
(A)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.
(B)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.
(2)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 persons 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.
(3)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.
(4)The departments 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.
(b)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.
(c)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.
(d)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.
(e)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.
(f)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.
(g)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.
(h)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 individuals written request and the response and date provided.
SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Certificates issued under this article shall be renewed every two years and renewal shall be conditional upon the occurrence of all of the following:
(1)The certificate holder submitting documentation of completion of 48 hours of continuing education or in-service training every two years obtained through a provider approved by the department. At least 12 of the 48 hours of continuing education or in-service training shall be completed in each of the two years. The required 48 continuing education or in-service hours may be obtained through in-person instruction, synchronous online instruction, asynchronous online instruction, or other distance learning formats approved by the department.
(2)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion where the participants receive feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and shall be made available to the department upon demand.
(B)The department may approve online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the other requirements of this section.
(3)The certificate holder obtaining a criminal record clearance.
(b)Certificates issued under this article shall expire on the certificate holders birthday.
(c)To renew an unexpired certificate, the certificate holder shall, on or before the certificate expiration date, apply for renewal on a form provided by the department and submit documentation of the required continuing education or in-service training.
(d)The department shall give written notice to a certificate holder 90 days in advance of the renewal date and, 90 days in advance of the expiration of the fourth year that a renewal application has not been submitted, and shall give written notice informing the certificate holder, in general terms, of the provisions of this article. Nonreceipt of the renewal notice does not relieve the certificate holder of the obligation to make a timely renewal. Failure to make a timely renewal shall result in expiration of the certificate.
(e)Except as otherwise provided in this article, an expired certificate may be renewed at any time within two years after its expiration on the filing of an application for renewal on a form prescribed by the department and documentation of the required continuing education or in-service education.
Renewal under this article shall be effective on the date on which the application is filed. If so renewed, the certificate shall continue in effect until the date provided for in this article, when it shall expire if it is not again renewed.
(f)If a certified nurse assistant applies for renewal more than two years after the expiration, the certified nurse assistant shall complete an approved 75-hour competency evaluation training program and competency evaluation program. A suspended certificate is subject to expiration and shall be renewed as provided in this article, but this renewal does not entitle the certificate holder, while the certificate remains suspended, and, until it is reinstated, to engage in the certified activity, or in any other activity or conduct in violation of the order or judgment by which the certificate was suspended.
(g)A revoked certificate is subject to expiration as provided in this article, but it cannot be renewed.
(h)Except as provided in subdivision (i), a certificate that is not renewed within four years after its expiration cannot be renewed, restored, reissued, or reinstated except upon completion of a certification program unless deemed otherwise by the department if both of the following conditions are met:
(1)No fact, circumstance, or condition exists that, if the certificate was issued, would justify its revocation or suspension.
(2)The person takes and passes any examination that may be required of an applicant for a new certificate at that time, that shall be given by an approved provider of a certification training program.
(i)A certified nurse assistant whose certificate has expired after two years may have their certificate renewed if they complete 75 hours in an approved competency evaluation training program, passes a competency test, and obtains a criminal background clearance prior to the renewal. The department shall develop a training program for these previously certified individuals.
(j)Certificate holders shall notify the department within 60 days of any change of address. Any notice sent by the department shall be effective if mailed to the current address filed with the department.
(k)Certificate holders that have been certified as both nurse assistants pursuant to this article and home health aides pursuant to Chapter 8 (commencing with Section 1725) of Division 2 shall renew their certificates at the same time on one application.
SEC. 2.Section 1337.9 of the Health and Safety Code is repealed.SEC. 3.Section 1337.9 is added to the Health and Safety Code, to read:1337.9.(a)The Legislature finds and declares all of the following:
(1)Recidivism is reduced when people convicted of a crime are given the opportunity to secure employment and engage in a trade, occupation, or profession.
(2)It is in the interest of public safety to assist in the rehabilitation of people convicted of a crime by removing impediments and restrictions upon the persons ability to obtain employment or engage in a trade, occupation, or profession based solely upon the existence of a criminal record.
(3)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.
(b)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:
(1)(A) The applicant has been convicted of a crime within the preceding seven years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a certified nurse assistant and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application.
(B)If the applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code, or a misdemeanor or felony involving financial abuse, the conviction may be considered regardless of when the conviction occurred.
(2)(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 directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant.
(B)(i)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.
(ii)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 involving financial abuse, or 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.
(c)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).
(d)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.
(e)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, diversion, deferred entry of judgment, or a juvenile adjudication.
(f)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 applicants failure to disclose a fact that would not have been cause for denial had it been disclosed.
(g)The department shall follow the following procedures in requesting or acting on an applicants criminal history information:
(1)The department shall not require an applicant to disclose any information or documentation regarding the applicants criminal history prior to obtaining the persons criminal offender record information search response information from the Department of Justice pursuant to Section 1338.5. After the department has received the criminal offender record information, the department may request mitigating information from an applicant regarding the applicants criminal history that is grounds for denial under subdivision (b), for purposes of determining direct and adverse relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicants 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.
(2)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:
(A)The reasons for the determination.
(B)Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to this section.
(C)That the applicant has the right to appeal the determination.
(D)The processes for the applicant to request a copy of the applicants 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.
(h)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:
(1)Unprofessional conduct involving incompetence, gross negligence, unless due to circumstances beyond the nurse assistants control, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
(2)A conviction for a crime that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant that may be grounds for denial under subdivisions (b) to (f), inclusive.
(3)Procuring a certified nurse assistant certificate by fraud, misrepresentation, or mistake.
(4)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.
(5)Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
(6)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.
(7)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.
(i)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:
(1)The nature and seriousness of the conduct or crime under consideration and whether the crime is directly and adversely related to the persons employment duties, functions, and responsibilities.
(2)Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
(3)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.
(4)The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person and successful or dearly discharge from probation, parole, post-release community supervision, or any criminal supervision.
(5)Any rehabilitation evidence, including character references, submitted by the person.
(6)Employment history and current employer recommendations.
(7)Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
(8)An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code, or a comparable dismissal or expungement.
(9)The granting by the Governor of a full and unconditional pardon.
(10)A certificate of rehabilitation from a superior court.
(11)Abstinence from the use of controlled substances or alcohol if the conduct which is the basis for the departments action is attributable in part or whole to the use of controlled substances or alcohol.
(12)Stability of family life and fulfillment of parental and familiar responsibilities subsequent to the conviction or conduct that is the basis for the departments action.
(j)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 persons 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.
(k)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. If the person entered a plea and successfully completed deferred entry of judgment or diversion, the arrest will be treated according to subdivision (e). 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.
(l)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:
(1)The reasons for the determination.
(2)The certificate holders right to appeal the determination.
(3)Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (m).
(4)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 holders criminal history information.
(m)(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.
(2)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 departments determination to revoke or suspend.
(n)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.
(o)Upon the expiration of the term of suspension, the person shall be reinstated by the department and shall be entitled to resume practice unless there is evidence 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 persons certificate, following the procedures provided in subdivisions (l) to (n), inclusive.
(p)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 in accordance with paragraph (2) of subdivision (m), 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.
(q)As used in this section, financial abuse occurs when a person does any of the following:
(1)Takes, secretes, appropriates, obtains, or retains real or personal property of another for a wrongful use or with intent to defraud, or both.
(2)Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of another for a wrongful use or with intent to defraud, or both.
(3)Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of another by undue influence, as defined in Section 15610.70 of the Welfare and Institutions Code.
SEC. 4.Section 1338.5 of the Health and Safety Code is amended to read:1338.5.(a)(1)(A)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:
(i)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.
(ii)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.
(B)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 persons 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.
(C)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.
(D)The departments 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.
(2)(A)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.
(B)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.
(3)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.
(b)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.
(c)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.
(d)If the department is experiencing a delay in processing the renewal of the certified nursing assistants certification at the time of the expiration of the certified nursing assistants certification, the department may extend the expiration of the certified nursing assistants certification for six months.
(e)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.
(f)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.
(g)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 individuals written request and the response and date provided.
SEC. 5.Section 1735 of the Health and Safety Code is repealed.SEC. 5.Section 1735 of the Health and Safety Code is amended to read:1735.The department may deny any application for, or suspend or revoke, any license issued under the provisions of this chapter upon any of the following grounds and in the manner hereinafter provided:
(a) Violation by the licensee of any of the provisions of this chapter or of any other law of this state or of the rules and regulations promulgated under this chapter.(b) Aiding, abetting or permitting the commission of any illegal act.(c) Misrepresentation of a material fact in the application for a license.(d)(a)Prior termination from the federal Medicare Program or the Medi-Cal program due to noncompliance, or licensure suspension or revocation, of a home health agency owned, operated, or managed by the applicant or licensee.
(e)(b)Demonstration of a pattern and practice of violations of state or federal standards during the last three years of a home health agency owned, operated, or managed by the applicant or licensee.
(f)(c)The applicant or licensee is on the List of Excluded Individuals/Entities of the United States Department of Health and Human Services Office of Inspector General.
(g)(d)Failure by home health agency management personnel to cooperate with the department for the purposes of conducting an inspection or complaint investigation.
(h)(e)Failure by a home health agency to report a change in owner, home health agency management personnel, service area, or location.
SEC. 6.Section 1736.5 of the Health and Safety Code is repealed.SEC. 7.Section 1736.5 is added to the Health and Safety Code, to read:1736.5.(a)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:
(1)(A)The applicant has been convicted of a crime within the preceding seven years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a home health aide, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a home health aide and for which the applicant is presently incarcerated, or for which the applicant was released from incarceration within the preceding seven years from the date of application.
(B)If the applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code, or a misdemeanor or felony involving financial abuse, the conviction may be considered regardless of when the conviction occurred.
(2)(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 directly and adversely related to the qualifications, functions, or duties of a home health aide.
(B)(i)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.
(ii)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 involving financial abuse, or 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.
(b)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).
(c)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.
(d)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, diversion, deferred entry of judgment, or a juvenile adjudication.
(e)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 applicants failure to disclose a fact that would not have been cause for denial had it been disclosed.
(f)The department shall follow the following procedures in requesting or acting on an applicants criminal history information:
(1)The department shall not require an applicant to disclose any information or documentation regarding the applicants criminal history prior to obtaining the persons criminal offender record information search response information from the Department of Justice pursuant to Section 1736.6. After the department has received the criminal offender record information, the department may request mitigating information from an applicant regarding the applicants criminal history that is grounds for denial under subdivision (a), for purposes of determining direct and adverse relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicants 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.
(2)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:
(A)The reasons for the determination.
(B)Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to subdivision (k).
(C)That the applicant has the right to appeal the determination.
(D)The processes for the applicant to request a copy of the applicants 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.
(g)(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:
(A)Unprofessional conduct involving incompetence, gross negligence, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
(B)A conviction for a crime that is directly and adversely related to the qualifications, functions, or duties of a home health aide that may be grounds for denial under subdivisions (a) to (e), inclusive.
(C)Procuring a home health aide certificate by fraud, misrepresentation, or mistake.
(D)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.
(E)Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
(F)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.
(G)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.
(2)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:
(A)The nature and seriousness of the offense under consideration and its relationship to the persons employment duties and responsibilities.
(B)Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
(C)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.
(D)The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person.
(E)Any rehabilitation evidence, including character references, submitted by the person.
(F)Employment history and current employer recommendations.
(G)Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
(H)An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code, or a comparable dismissal or expungement.
(I)Granting by the Governor of a full and unconditional pardon.
(J)A certificate of rehabilitation from a superior court.
(K)Abstinence from the use of controlled substances or alcohol if the conduct which is the basis for the departments action is attributable in part or whole to the use of controlled substances or alcohol.
(L)Stability of family life and fulfillment of parental and familiar responsibilities subsequent to the conviction or conduct that is the basis for the departments action.
(h)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 holders 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.
(i)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, except for successfully completed diversion and deferred entry of judgment. 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.
(j)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:
(1)The reasons for the determination.
(2)The certificate holders right to appeal the determination.
(3)Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (k).
(4)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 holders criminal history information.
(k)(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.
(2)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 departments determination to revoke or suspend.
(l)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.
(m)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 persons certificate.
(n)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 in accordance with paragraph (2) of subdivision (k), 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.
(o)As used in this section, financial abuse occurs when a person does any of the following:
(1)Takes, secretes, appropriates, obtains, or retains real or personal property of another for a wrongful use or with intent to defraud, or both.
(2)Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of another for a wrongful use or with intent to defraud, or both.
(3)Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of another by undue influence, as defined in Section 15610.70 of the Welfare and Institutions Code.
SEC. 8.Section 1736.6 of the Health and Safety Code is amended to read:1736.6.(a)(1)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:
(A)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.
(B)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.
(2)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 persons 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.
(3)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.
(4)The departments 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.
(b)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.
(c)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.
(d)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.
(e)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.
(f)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.
(g)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.
(h)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 individuals written request and the response and date provided.
SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Certificates issued under this article shall be renewed every two years and renewal shall be conditional upon the occurrence of all of the following:
(1)The certificate holder submitting documentation of completion of 48 hours of continuing education or in-service training every two years obtained through an approved training program or taught by a director of staff development for a licensed skilled nursing or intermediate care facility that has been approved by the department, or by individuals or programs a provider approved by the department. At least 12 of the 48 hours of continuing education or in-service training shall be completed in each of the two years. Twenty-four of the 48 hours of in-service training The required 48 continuing education or in-service hours may be obtained through an online computer training program approved by the Licensing and Certification Division of the department. in-person instruction, synchronous online instruction, asynchronous online instruction, or other distance learning formats approved by the department.
(2)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion where the participants receive feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and shall be made available to the department upon demand.
(B)The department may approve online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the other requirements of this section.
(3)The certificate holder obtaining a criminal record clearance.
(b)Certificates issued under this article shall expire on the certificate holders birthday.
(c)To renew an unexpired certificate, the certificate holder shall, on or before the certificate expiration date, apply for renewal on a form provided by the department and submit documentation of the required continuing education or in-service training.
(d)The department shall give written notice to a certificate holder 90 days in advance of the renewal date and, 90 days in advance of the expiration of the fourth year that a renewal application has not been submitted, and shall give written notice informing the certificate holder, in general terms, of the provisions of this article. Nonreceipt of the renewal notice does not relieve the certificate holder of the obligation to make a timely renewal. Failure to make a timely renewal shall result in expiration of the certificate.
(e)Except as otherwise provided in this article, an expired certificate may be renewed at any time within two years after its expiration on the filing of an application for renewal on a form prescribed by the department and documentation of the required continuing education or in-service education.
Renewal under this article shall be effective on the date on which the application is filed. If so renewed, the certificate shall continue in effect until the date provided for in this article, when it shall expire if it is not again renewed.
(f)If a certified nurse assistant applies for renewal more than two years after the expiration, the certified nurse assistant shall complete an approved 75-hour competency evaluation training program and competency evaluation program. A suspended certificate is subject to expiration and shall be renewed as provided in this article, but this renewal does not entitle the certificate holder, while the certificate remains suspended, and, until it is reinstated, to engage in the certified activity, or in any other activity or conduct in violation of the order or judgment by which the certificate was suspended.
(g)A revoked certificate is subject to expiration as provided in this article, but it cannot be renewed.
(h)Except as provided in subdivision (i), a certificate that is not renewed within four years after its expiration cannot be renewed, restored, reissued, or reinstated except upon completion of a certification program unless deemed otherwise by the department if both of the following conditions are met:
(1)No fact, circumstance, or condition exists that, if the certificate was issued, would justify its revocation or suspension.
(2)The person takes and passes any examination that may be required of an applicant for a new certificate at that time, that shall be given by an approved provider of a certification training program.
(i)A certified nurse assistant whose certificate has expired after two years may have his or her their certificate renewed if he or she completes they complete 75 hours in an approved competency evaluation training program, passes a competency test, and obtains a criminal background clearance prior to the renewal. The department shall develop a training program for these previously certified individuals.
(j)Certificate holders shall notify the department within 60 days of any change of address. Any notice sent by the department shall be effective if mailed to the current address filed with the department.
(k)Certificate holders that have been certified as both nurse assistants pursuant to this article and home health aides pursuant to Chapter 8 (commencing with Section 1725) of Division 2 shall renew their certificates at the same time on one application.
SECTION 1.SEC. 2.Section 1337.9 of the Health and Safety Code is repealed.SEC. 2.SEC. 3.Section 1337.9 is added to the Health and Safety Code, to read:1337.9.(a)The Legislature finds and declares all of the following:
(1)Recidivism is reduced when people convicted of a crime are given the opportunity to secure employment and engage in a trade, occupation, or profession.
(2)It is in the interest of public safety to assist in the rehabilitation of people convicted of a crime by removing impediments and restrictions upon the persons ability to obtain employment or engage in a trade, occupation, or profession based solely upon the existence of a criminal record.
(3)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.
(b)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:
(1)(A) The applicant has been convicted of a crime within the preceding seven years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a certified nurse assistant and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application.
(B)If the applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code, or a misdemeanor or felony involving financial abuse, the conviction may be considered regardless of when the conviction occurred.
(2)(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 directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant.
(B)(i)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.
(ii)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 involving financial abuse, or 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.
(c)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).
(d)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.
(e)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, diversion, deferred entry of judgment, or a juvenile adjudication.
(f)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 applicants failure to disclose a fact that would not have been cause for denial had it been disclosed.
(g)The department shall follow the following procedures in requesting or acting on an applicants criminal history information:
(1)The department shall not require an applicant to disclose any information or documentation regarding the applicants criminal history prior to obtaining the persons criminal offender record information search response information from the Department of Justice pursuant to Section 1338.5. After the department has received the criminal offender record information, the department may request mitigating information from an applicant regarding the applicants criminal history that is grounds for denial under subdivision (b), for purposes of determining direct and adverse relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicants 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.
(2)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:
(A)The reasons for the determination.
(B)Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to this section.
(C)That the applicant has the right to appeal the determination.
(D)The processes for the applicant to request a copy of the applicants 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.
(h)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:
(1)Unprofessional conduct involving incompetence, gross negligence, unless due to circumstances beyond the nurse assistants control, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
(2)A conviction for a crime that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant that may be grounds for denial under subdivisions (b) to (f), inclusive.
(3)Procuring a certified nurse assistant certificate by fraud, misrepresentation, or mistake.
(4)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.
(5)Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
(6)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.
(7)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.
(i)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:
(1)The nature and seriousness of the conduct or crime under consideration and whether the crime is directly and adversely related to the persons employment duties, functions, and responsibilities.
(2)Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
(3)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.
(4)The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person and successful or dearly discharge from probation, parole, post-release community supervision, or any criminal supervision.
(5)Any rehabilitation evidence, including character references, submitted by the person.
(6)Employment history and current employer recommendations.
(7)Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
(8)An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code, or a comparable dismissal or expungement.
(9)The granting by the Governor of a full and unconditional pardon.
(10)A certificate of rehabilitation from a superior court.
(11)Abstinence from the use of controlled substances or alcohol if the conduct which is the basis for the departments action is attributable in part or whole to the use of controlled substances or alcohol.
(12)Stability of family life and fulfillment of parental and familiar responsibilities subsequent to the conviction or conduct that is the basis for the departments action.
(j)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 persons 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.
(k)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. If the person entered a plea and successfully completed deferred entry of judgment or diversion, the arrest will be treated according to subdivision (e). 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.
(l)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:
(1)The reasons for the determination.
(2)The certificate holders right to appeal the determination.
(3)Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (m).
(4)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 holders criminal history information.
(m)(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.
(2)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 departments determination to revoke or suspend.
(n)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.
(o)Upon the expiration of the term of suspension, the person shall be reinstated by the department and shall be entitled to resume practice unless there is evidence 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 persons certificate, following the procedures provided in subdivisions(l) subdivisions (l) to (n), inclusive.
(p)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 in accordance with paragraph (2) of subdivision (m), 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.
(q)As used in this section, financial abuse occurs when a person does any of the following:
(1)Takes, secretes, appropriates, obtains, or retains real or personal property of another for a wrongful use or with intent to defraud, or both.
(2)Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of another for a wrongful use or with intent to defraud, or both.
(3)Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of another by undue influence, as defined in Section 15610.70 of the Welfare and Institutions Code.
SEC. 3.SEC. 4.Section 1338.5 of the Health and Safety Code is amended to read:1338.5.(a)(1)(A)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:
(i)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.
(ii)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.
(B)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 persons 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.
(C)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.
(D)The departments 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.
(2)(A)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.
(B)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.
(3)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.
(b)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.
(c)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.
(d)If the department is experiencing a delay in processing the renewal of the certified nursing assistants certification at the time of the expiration of the certified nursing assistants certification, the department may extend the expiration of the certified nursing assistants certification for six months.
(e)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.
(f)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.
(g)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 individuals written request and the response and date provided.
SEC. 5.Section 1735 of the Health and Safety Code is repealed.1735.The department may deny any application for, or suspend or revoke, any license issued under the provisions of this chapter upon any of the following grounds and in the manner hereinafter provided:(a) Violation by the licensee of any of the provisions of this chapter or of any other law of this state or of the rules and regulations promulgated under this chapter.(b) Aiding, abetting or permitting the commission of any illegal act.(c) Misrepresentation of a material fact in the application for a license.(d)Prior termination from the federal Medicare Program or the Medi-Cal program due to noncompliance, or licensure suspension or revocation, of a home health agency owned, operated, or managed by the applicant or licensee.(e)Demonstration of a pattern and practice of violations of state or federal standards during the last three years of a home health agency owned, operated, or managed by the applicant or licensee.(f)The applicant or licensee is on the List of Excluded Individuals/Entities of the United States Department of Health and Human Services Office of Inspector General.(g)Failure by home health agency management personnel to cooperate with the department for the purposes of conducting an inspection or complaint investigation.(h)Failure by a home health agency to report a change in owner, home health agency management personnel, service area, or location.SEC. 4.Section 1735 of the Health and Safety Code is repealed.SEC. 5.SEC. 6.Section 1736.5 of the Health and Safety Code is repealed.SEC. 6.SEC. 7.Section 1736.5 is added to the Health and Safety Code, to read:1736.5.(a)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:
(1)(A)The applicant has been convicted of a crime within the preceding seven years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a home health aide, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a home health aide and for which the applicant is presently incarcerated, or for which the applicant was released from incarceration within the preceding seven years from the date of application.
(B)If the applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code, or a misdemeanor or felony involving financial abuse, the conviction may be considered regardless of when the conviction occurred.
(2)(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 directly and adversely related to the qualifications, functions, or duties of a home health aide.
(B)(i)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.
(ii)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 involving financial abuse, or 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.
(b)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).
(c)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.
(d)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, diversion, deferred entry of judgment, or a juvenile adjudication.
(e)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 applicants failure to disclose a fact that would not have been cause for denial had it been disclosed.
(f)The department shall follow the following procedures in requesting or acting on an applicants criminal history information:
(1)The department shall not require an applicant to disclose any information or documentation regarding the applicants criminal history prior to obtaining the persons criminal offender record information search response information from the Department of Justice pursuant to Section 1736.6. After the department has received the criminal offender record information, the department may request mitigating information from an applicant regarding the applicants criminal history that is grounds for denial under subdivision (a), for purposes of determining direct and adverse relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicants 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.
(2)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:
(A)The reasons for the determination.
(B)Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to subdivision (k).
(C)That the applicant has the right to appeal the determination.
(D)The processes for the applicant to request a copy of the applicants 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.
(g)(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:
(A)Unprofessional conduct involving incompetence, gross negligence, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
(B)A conviction for a crime that is directly and adversely related to the qualifications, functions, or duties of a home health aide that may be grounds for denial under subdivisions (a) to (e), inclusive.
(C)Procuring a home health aide certificate by fraud, misrepresentation, or mistake.
(D)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.
(E)Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
(F)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.
(G)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.
(2)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:
(A)The nature and seriousness of the offense under consideration and its relationship to the persons employment duties and responsibilities.
(B)Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
(C)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.
(D)The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person.
(E)Any rehabilitation evidence, including character references, submitted by the person.
(F)Employment history and current employer recommendations.
(G)Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
(H)An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code, or a comparable dismissal or expungement.
(I)Granting by the Governor of a full and unconditional pardon.
(J)A certificate of rehabilitation from a superior court.
(K)Abstinence from the use of controlled substances or alcohol if the conduct which is the basis for the departments action is attributable in part or whole to the use of controlled substances or alcohol.
(L)Stability of family life and fulfillment of parental and familiar responsibilities subsequent to the conviction or conduct that is the basis for the departments action.
(h)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 holders 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.
(i)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, except for successfully completed diversion and deferred entry of judgment. 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.
(j)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:
(1)The reasons for the determination.
(2)The certificate holders right to appeal the determination.
(3)Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (k).
(4)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 holders criminal history information.
(k)(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.
(2)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 departments determination to revoke or suspend.
(l)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.
(m)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 persons certificate.
(n)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 in accordance with paragraph (2) of subdivision (k), 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.
(o)As used in this section, financial abuse occurs when a person does any of the following:
(1)Takes, secretes, appropriates, obtains, or retains real or personal property of another for a wrongful use or with intent to defraud, or both.
(2)Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of another for a wrongful use or with intent to defraud, or both.
(3)Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of another by undue influence, as defined in Section 15610.70 of the Welfare and Institutions Code.
SEC. 7.SEC. 8.Section 1736.6 of the Health and Safety Code is amended to read:1736.6.(a)(1)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:
(A)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.
(B)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.
(2)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 persons 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.
(3)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.
(4)The departments 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.
(b)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.
(c)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.
(d)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.
(e)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.
(f)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.
(g)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.
(h)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 individuals written request and the response and date provided.
SEC. 8.SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)The Legislature finds and declares all of the following:
(1)Recidivism is reduced when people convicted of a crime are given the opportunity to secure employment and engage in a trade, occupation, or profession.
(2)It is in the interest of public safety to assist in the rehabilitation of people convicted of a crime by removing impediments and restrictions upon the persons ability to obtain employment or engage in a trade, occupation, or profession based solely upon the existence of a criminal record.
(3)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.
(b)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:
(1)(A) The applicant has been convicted of a crime within the preceding seven years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a certified nurse assistant and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application.
(B)If the applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code, or a misdemeanor or felony involving financial abuse of a patient in connection with the delivery of a health care item or service, abuse, the conviction may be considered regardless of when the conviction occurred.
(2)(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 directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant.
(B)(i)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.
(ii)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 involving financial abuse of a patient in connection with the delivery of a health care item or service, abuse, or 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.
(c)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).
(d)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.
(e)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, diversion, deferred entry of judgment, or a juvenile adjudication.
(f)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 applicants failure to disclose a fact that would not have been cause for denial had it been disclosed.
(g)The department shall follow the following procedures in requesting or acting on an applicants criminal history information:
(1)The department shall not require an applicant to disclose any information or documentation regarding the applicants criminal history prior to obtaining the persons criminal offender record information search response information from the Department of Justice pursuant to Section 1338.5. After the department has received the criminal offender record information, the department may request mitigating information from an applicant regarding the applicants criminal history that is grounds for denial under subdivision (b), for purposes of determining direct and adverse relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicants 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.
(2)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:
(A)The reasons for the determination.
(B)Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to this section.
(C)That the applicant has the right to appeal the determination.
(D)The processes for the applicant to request a copy of the applicants 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.
(h)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:
(1)Unprofessional conduct involving incompetence, gross negligence, unless due to circumstances beyond the nurse assistants control, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
(2)A conviction for a crime that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant that may be grounds for denial under subdivisions (b) to (f), inclusive.
(3)Procuring a certified nurse assistant certificate by fraud, misrepresentation, or mistake.
(4)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.
(5)Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
(6)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.
(7)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.
(i)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:
(1)The nature and seriousness of the conduct or crime under consideration and whether the crime is directly and adversely related to the persons employment duties, functions, and responsibilities.
(2)Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
(3)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.
(4)The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person and successful or dearly discharge from probation, parole, post-release community supervision, or any criminal supervision.
(5)Any rehabilitation evidence, including character references, submitted by the person.
(6)Employment history and current employer recommendations.
(7)Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
(8)An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code, or a comparable dismissal or expungement.
(9)The granting by the Governor of a full and unconditional pardon.
(10)A certificate of rehabilitation from a superior court.
(11)Abstinence from the use of controlled substances or alcohol if the conduct which is the basis for the departments action is attributable in part or whole to the use of controlled substances or alcohol.
(12)Stability of family life and fulfillment of parental and familiar responsibilities subsequent to the conviction or conduct that is the basis for the departments action.
(j)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 persons 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.
(k)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. If the person entered a plea and successfully completed deferred entry of judgment or diversion, the arrest will be treated according to subdivision (e). 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.
(l)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:
(1)The reasons for the determination.
(2)The certificate holders right to appeal the determination.
(3)Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (m).
(4)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 holders criminal history information.
(m)(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.
(2)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 departments determination to revoke or suspend.
(n)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.
(o)Upon the expiration of the term of suspension, the person shall be reinstated by the department and shall be entitled to resume practice unless there is evidence 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 persons certificate, following the procedures provided in subdivisions(l) to (n), inclusive.
(p)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 in accordance with paragraph (2) of subdivision (m), 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.
(q)As used in this section, financial abuse occurs when a person does any of the following:
(1)Takes, secretes, appropriates, obtains, or retains real or personal property of another for a wrongful use or with intent to defraud, or both.
(2)Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of another for a wrongful use or with intent to defraud, or both.
(3)Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of another by undue influence, as defined in Section 15610.70 of the Welfare and Institutions Code.
SEC. 3.Section 1338.5 of the Health and Safety Code is amended to read:1338.5.(a)(1)(A)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:
(i)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.
(ii)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.
(B)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 persons 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.
(C)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.
(D)The departments 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.
(2)(A)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.
(B)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.
(3)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.
(b)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.
(c)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.
(d)If the department is experiencing a delay in processing the renewal of the certified nursing assistants certification at the time of the expiration of the certified nursing assistants certification, the department may extend the expiration of the certified nursing assistants certification for six months.
(e)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.
(f)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.
(g)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 individuals written request and the response and date provided.
SEC. 4.Section 1735 of the Health and Safety Code is repealed.SEC. 5.Section 1736.5 of the Health and Safety Code is repealed.SEC. 6.Section 1736.5 is added to the Health and Safety Code, to read:1736.5.(a)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:
(1)(A)The applicant has been convicted of a crime within the preceding seven years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a home health aide, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a home health aide and for which the applicant is presently incarcerated, or for which the applicant was released from incarceration within the preceding seven years from the date of application.
(B)If the applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code, or a misdemeanor or felony involving financial abuse of a patient in connection with the delivery of a health care item or service, abuse, the conviction may be considered regardless of when the conviction occurred.
(2)(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 directly and adversely related to the qualifications, functions, or duties of a home health aide.
(B)(i)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.
(ii)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 involving financial abuse of a patient in connection with the delivery of a health care item or service, abuse, or 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.
(b)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).
(c)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.
(d)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, diversion, deferred entry of judgment, or a juvenile adjudication.
(e)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 applicants failure to disclose a fact that would not have been cause for denial had it been disclosed.
(f)The department shall follow the following procedures in requesting or acting on an applicants criminal history information:
(1)The department shall not require an applicant to disclose any information or documentation regarding the applicants criminal history prior to obtaining the persons criminal offender record information search response information from the Department of Justice pursuant to Section 1736.6. After the department has received the criminal offender record information, the department may request mitigating information from an applicant regarding the applicants criminal history that is grounds for denial under subdivision (a), for purposes of determining direct and adverse relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicants 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.
(2)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:
(A)The reasons for the determination.
(B)Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to subdivision (k).
(C)That the applicant has the right to appeal the determination.
(D)The processes for the applicant to request a copy of the applicants 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.
(g)(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:
(A)Unprofessional conduct involving incompetence, gross negligence, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
(B)A conviction for a crime that is directly and adversely related to the qualifications, functions, or duties of a home health aide that may be grounds for denial under subdivisions (a) to (e), inclusive.
(C)Procuring a home health aide certificate by fraud, misrepresentation, or mistake.
(D)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.
(E)Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
(F)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.
(G)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.
(2)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:
(A)The nature and seriousness of the offense under consideration and its relationship to the persons employment duties and responsibilities.
(B)Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
(C)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.
(D)The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person.
(E)Any rehabilitation evidence, including character references, submitted by the person.
(F)Employment history and current employer recommendations.
(G)Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
(H)An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code, or a comparable dismissal or expungement.
(I)Granting by the Governor of a full and unconditional pardon.
(J)A certificate of rehabilitation from a superior court.
(K)Abstinence from the use of controlled substances or alcohol if the conduct which is the basis for the departments action is attributable in part or whole to the use of controlled substances or alcohol.
(L)Stability of family life and fulfillment of parental and familiar responsibilities subsequent to the conviction or conduct that is the basis for the departments action.
(h)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 holders 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.
(i)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, except for successfully completed diversion and deferred entry of judgment. 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.
(j)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:
(1)The reasons for the determination.
(2)The certificate holders right to appeal the determination.
(3)Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (k).
(4)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 holders criminal history information.
(k)(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.
(2)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 departments determination to revoke or suspend.
(l)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.
(m)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 persons certificate.
(n)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 in accordance with paragraph (2) of subdivision (k), 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.
(o)As used in this section, financial abuse occurs when a person does any of the following:
(1)Takes, secretes, appropriates, obtains, or retains real or personal property of another for a wrongful use or with intent to defraud, or both.
(2)Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of another for a wrongful use or with intent to defraud, or both.
(3)Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of another by undue influence, as defined in Section 15610.70 of the Welfare and Institutions Code.
SEC. 7.Section 1736.6 of the Health and Safety Code is amended to read:1736.6.(a)(1)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:
(A)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.
(B)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.
(2)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 persons 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.
(3)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.
(4)The departments 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.
(b)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.
(c)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.
(d)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.
(e)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.
(f)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.
(g)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.
(h)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 individuals written request and the response and date provided.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)The Legislature finds and declares all of the following:
(1)Recidivism is reduced when people convicted of a crime are given the opportunity to secure employment and engage in a trade, occupation, or profession.
(2)It is in the interest of public safety to assist in the rehabilitation of people convicted of a crime by removing impediments and restrictions upon the persons ability to obtain employment or engage in a trade, occupation, or profession based solely upon the existence of a criminal record.
(3)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.
(b)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:
(1)(A) The applicant has been convicted of a crime within the preceding seven years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant, regardless of whether the applicant was incarcerated for that crime. crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a certified nurse assistant and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application.
(B)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, or a misdemeanor or felony involving financial abuse of a patient in connection with the delivery of a health care item or service, the conviction may be considered regardless of when the conviction occurred.
(2)(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 directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant.
(B)(i)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.
(ii)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 involving financial abuse of a patient in connection with the delivery of a health care item or service, or 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.
(c)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).
(d)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.
(e)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, diversion, deferred entry of judgment, or a juvenile adjudication.
(f)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 applicants failure to disclose a fact that would not have been cause for denial had it been disclosed.
(g)The department shall follow the following procedures in requesting or acting on an applicants criminal history information:
(1)The department shall not require an applicant to disclose any information or documentation regarding the applicants criminal history prior to obtaining the persons criminal offender record information search response information from the Department of Justice pursuant to Section 1338.5. After the department has received the criminal offender record information, the department may request mitigating information from an applicant regarding the applicants criminal history that is grounds for denial under subdivision (b), for purposes of determining direct and adverse relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicants 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.
(2)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:
(A)The reasons for the determination.
(B)Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to this section.
(C)That the applicant has the right to appeal the determination.
(D)The processes for the applicant to request a copy of the applicants 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.
(h)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:
(1)Unprofessional conduct involving incompetence, gross negligence, unless due to circumstances beyond the nurse assistants control, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
(2)A conviction for a crime that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant that may be grounds for denial under subdivisions (b) to (f), inclusive.
(3)Procuring a certified nurse assistant certificate by fraud, misrepresentation, or mistake.
(4)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.
(5)Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
(6)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.
(7)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.
(i)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:
(1)The nature and seriousness of the conduct or crime under consideration and whether the crime is directly and adversely related to the persons employment duties, functions, and responsibilities.
(2)Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
(3)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.
(4)The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person and successful or dearly discharge from probation, parole, post-release community supervision, or any criminal supervision.
(5)Any rehabilitation evidence, including character references, submitted by the person.
(6)Employment history and current employer recommendations.
(7)Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
(8)An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code, or a comparable dismissal or expungement.
(9)The granting by the Governor of a full and unconditional pardon.
(10)A certificate of rehabilitation from a superior court.
(11)Abstinence from the use of controlled substances or alcohol if the conduct which is the basis for the departments action is attributable in part or whole to the use of controlled substances or alcohol.
(12)Stability of family life and fulfillment of parental and familiar responsibilities subsequent to the conviction or conduct that is the basis for the departments action.
(j)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 persons 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.
(k)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. If the person entered a plea and successfully completed deferred entry of judgment or diversion, the arrest will be treated according to subdivision (e). 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.
(l)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:
(1)The reasons for the determination.
(2)The certificate holders right to appeal the determination.
(3)Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (m).
(4)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 holders criminal history information.
(m)(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.
(2)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 departments determination to revoke or suspend.
(n)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.
(o)Upon the expiration of the term of suspension, the person shall be reinstated by the department and shall be entitled to resume practice unless there is evidence 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 persons certificate, following the procedures provided in subdivision (l) through subdivisions(l) to (n), inclusive.
(p)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 in accordance with paragraph (2) of subdivision (m), 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.
(q)As used in this section, financial abuse occurs when a person does any of the following:
(1)Takes, secretes, appropriates, obtains, or retains real or personal property of another for a wrongful use or with intent to defraud, or both.
(2)Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of another for a wrongful use or with intent to defraud, or both.
(3)Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of another by undue influence, as defined in Section 15610.70 of the Welfare and Institutions Code.
SEC. 3.Section 1338.5 of the Health and Safety Code is amended to read:1338.5.(a)(1)(A)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:
(i)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.
(ii)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.
(B)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 persons 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.
(C)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.
(D)The departments 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.
(2)(A)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.
(B)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.
(3)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.
(b)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.
(c)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.
(d)If the department is experiencing a delay in processing the renewal of the certified nursing assistants certification at the time of the expiration of the certified nursing assistants certification, the department may extend the expiration of the certified nursing assistants certification for six months.
(e)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.
(f)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.
(g)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 individuals written request and the response and date provided.
SEC. 4.Section 1735 of the Health and Safety Code is repealed.SEC. 5.Section 1736.5 of the Health and Safety Code is repealed.SEC. 6.Section 1736.5 is added to the Health and Safety Code, to read:1736.5.(a)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:
(1)(A)The applicant has been convicted of a crime within the preceding seven years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a home health aide, regardless of whether the applicant was incarcerated for that crime. crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a home health aide and for which the applicant is presently incarcerated, or for which the applicant was released from incarceration within the preceding seven years from the date of application.
(B)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, or a misdemeanor or felony involving financial abuse of a patient in connection with the delivery of a health care item or service, the conviction may be considered regardless of when the conviction occurred.
(2)(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 directly and adversely related to the qualifications, functions, or duties of a home health aide.
(B)(i)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.
(ii)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 involving financial abuse of a patient in connection with the delivery of a health care item or service, or 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.
(b)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).
(c)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.
(d)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, diversion, deferred entry of judgment, or a juvenile adjudication.
(e)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 applicants failure to disclose a fact that would not have been cause for denial had it been disclosed.
(f)The department shall follow the following procedures in requesting or acting on an applicants criminal history information:
(1)The department shall not require an applicant to disclose any information or documentation regarding the applicants criminal history prior to obtaining the persons criminal offender record information search response information from the Department of Justice pursuant to Section 1736.6. After the department has received the criminal offender record information, the department may request mitigating information from an applicant regarding the applicants criminal history that is grounds for denial under subdivision (a), for purposes of determining direct and adverse relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicants 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.
(2)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:
(A)The reasons for the determination.
(B)Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to subdivision (k).
(C)That the applicant has the right to appeal the determination.
(D)The processes for the applicant to request a copy of the applicants 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.
(g)(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:
(A)Unprofessional conduct involving incompetence, gross negligence, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
(B)A conviction for a crime that is directly and adversely related to the qualifications, functions, or duties of a home health aide that may be grounds for denial under subdivisions (a) to (e), inclusive.
(C)Procuring a home health aide certificate by fraud, misrepresentation, or mistake.
(D)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.
(E)Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
(F)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.
(G)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.
(2)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:
(A)The nature and seriousness of the offense under consideration and its relationship to the persons employment duties and responsibilities.
(B)Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
(C)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.
(D)The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person.
(E)Any rehabilitation evidence, including character references, submitted by the person.
(F)Employment history and current employer recommendations.
(G)Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
(H)An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code, or a comparable dismissal or expungement.
(I)Granting by the Governor of a full and unconditional pardon.
(J)A certificate of rehabilitation from a superior court.
(K)Abstinence from the use of controlled substances or alcohol if the conduct which is the basis for the departments action is attributable in part or whole to the use of controlled substances or alcohol.
(L)Stability of family life and fulfillment of parental and familiar responsibilities subsequent to the conviction or conduct that is the basis for the departments action.
(h)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 holders 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.
(i)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, except for successfully completed diversion and deferred entry of judgment. 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.
(j)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:
(1)The reasons for the determination.
(2)The certificate holders right to appeal the determination.
(3)Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (k).
(4)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 holders criminal history information.
(k)(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.
(2)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 departments determination to revoke or suspend.
(l)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.
(m)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 persons certificate.
(n)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 in accordance with paragraph (2) of subdivision (k), 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.
(o)As used in this section, financial abuse occurs when a person does any of the following:
(1)Takes, secretes, appropriates, obtains, or retains real or personal property of another for a wrongful use or with intent to defraud, or both.
(2)Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of another for a wrongful use or with intent to defraud, or both.
(3)Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of another by undue influence, as defined in Section 15610.70 of the Welfare and Institutions Code.
SEC. 7.Section 1736.6 of the Health and Safety Code is amended to read:1736.6.(a)(1)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:
(A)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.
(B)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.
(2)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 persons 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.
(3)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.
(4)The departments 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.
(b)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.
(c)A criminal record clearance, consistent with this section 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.
(d)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.
(e)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.
(f)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.
(g)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.
(h)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 individuals written request and the response and date provided.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)The Legislature finds and declares all of the following:
(1)Recidivism is reduced when criminal offenders people convicted of a crime are given the opportunity to secure employment and engage in a trade, occupation, or profession.
(2)It is in the interest of public safety to assist in the rehabilitation of criminal offenders people convicted of a crime by removing impediments and restrictions upon the offenders persons ability to obtain employment or engage in a trade, occupation, or profession based solely upon the existence of a criminal record.
(3)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.
(b)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:
(1)(A) The applicant has been convicted of a crime within the preceding seven years from the date of the application that is substantially directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant, regardless of whether the applicant was incarcerated for that crime.
(B)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.
(2)(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 directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant.
(B)(i)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.
(ii)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.
(c)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).
(d)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.
(e)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, diversion, deferred entry of judgment, or a juvenile adjudication.
(f)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 applicants failure to disclose a fact that would not have been cause for denial had it been disclosed.
(g)The department shall follow the following procedures in requesting or acting on an applicants criminal history information:
(1)The department shall not require an applicant to disclose any information or documentation regarding the applicants criminal history. However, after the department has obtained history prior to obtaining the persons criminal offender record information search response information from the Department of Justice pursuant to Section 1338.5, 1338.5. After the department has received the criminal offender record information, the department may request mitigating information from an applicant regarding the applicants criminal history that is grounds for denial under subdivision (b), for purposes of determining substantial direct and adverse relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicants 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.
(2)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:
(A)The reasons for the determination.
(B)Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to this section.
(C)That the applicant has the right to appeal the determination.
(D)The processes for the applicant to request a copy of the applicants 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.
(h)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:
(1)Unprofessional conduct involving incompetence, gross negligence, unless due to circumstances beyond the nurse assistants control, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
(2)A conviction for a crime that is substantially directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant that may be grounds for denial under subdivisions (b) to (f), inclusive.
(3)Procuring a certified nurse assistant certificate by fraud, misrepresentation, or mistake.
(4)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.
(5)Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
(6)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.
(7)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.
(i)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:
(1)The nature and seriousness of the conduct or crime under consideration and its relationship to the persons employment duties whether the crime is directly and adversely related to the persons employment duties, functions, and responsibilities.
(2)Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
(3)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.
(4)The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person. person and successful or dearly discharge from probation, parole, post-release community supervision, or any criminal supervision.
(5)Any rehabilitation evidence, including character references, submitted by the person.
(6)Employment history and current employer recommendations.
(7)Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
(8)An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code. Code, or a comparable dismissal or expungement.
(9)The granting by the Governor of a full and unconditional pardon.
(10)A certificate of rehabilitation from a superior court.
(11)Abstinence from the use of controlled substances or alcohol if the conduct which is the basis for the departments action is attributable in part or whole to the use of controlled substances or alcohol.
(12)Stability of family life and fulfillment of parental and familiar responsibilities subsequent to the conviction or conduct that is the basis for departments action.
(j)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 persons 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.
(k)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. If the person entered a plea and successfully completed deferred entry of judgment or diversion, the arrest will be treated according to subdivision (e). 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.
(l)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:
(1)The reasons for the determination.
(2)The certificate holders right to appeal the determination.
(3)Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (m).
(4)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 holders criminal history information.
(m)(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.
(2)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 departments determination to revoke or suspend.
(n)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.
(o)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 there is evidence 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 persons certificate. certificate, following the procedures provided in subdivision (l) through (n), inclusive.
(p)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, final in accordance with paragraph (2) of subdivision (m), 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.
SEC. 3.Section 1338.5 of the Health and Safety Code is amended to read:1338.5.(a)(1)(A)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:
(i)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.
(ii)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.
(B)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 persons 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.
(C)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.
(D)The departments 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.
(2)(A)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.
(B)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.
(3)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.
(b)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.
(c)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.
(d)If the department is experiencing a delay in processing the renewal of the certified nursing assistants certification at the time of the expiration of the certified nursing assistants certification, the department may extend the expiration of the certified nursing assistants certification for six months.
(e)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.
(f)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.
(g)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 individuals written request and the response and date provided.
SEC. 4.Section 1735 of the Health and Safety Code is repealed.SEC. 5.Section 1736.5 of the Health and Safety Code is repealed.SEC. 6.Section 1736.5 is added to the Health and Safety Code, to read:1736.5.(a)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:
(1)(A)The applicant has been convicted of a crime within the preceding seven years from the date of the application that is substantially directly and adversely related to the qualifications, functions, or duties of a home health aide, regardless of whether the applicant was incarcerated for that crime.
(B)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.
(2)(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 directly and adversely related to the qualifications, functions, or duties of a home health aide.
(B)(i)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.
(ii)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.
(b)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).
(c)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.
(d)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, diversion, deferred entry of judgment, or a juvenile adjudication.
(e)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 applicants failure to disclose a fact that would not have been cause for denial had it been disclosed.
(f)The department shall follow the following procedures in requesting or acting on an applicants criminal history information:
(1)The department shall not require an applicant to disclose any information or documentation regarding the applicants criminal history. However, after the department has obtained history prior to obtaining the persons criminal offender record information search response information from the Department of Justice pursuant to Section 1736.6, 1736.6. After the department has received the criminal offender record information, the department may request mitigating information from an applicant regarding the applicants criminal history that is grounds for denial under subdivision (a), for purposes of determining substantial direct and adverse relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicants 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.
(2)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:
(A)The reasons for the determination.
(B)Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to subdivision (k).
(C)That the applicant has the right to appeal the determination.
(D)The processes for the applicant to request a copy of the applicants 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.
(g)(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:
(A)Unprofessional conduct involving incompetence, gross negligence, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
(B)A conviction for a crime that is substantially directly and adversely related to the qualifications, functions, or duties of a home health aide that may be grounds for denial under subdivisions (a) to (e), inclusive.
(C)Procuring a home health aide certificate by fraud, misrepresentation, or mistake.
(D)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.
(E)Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
(F)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.
(G)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.
(2)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:
(A)The nature and seriousness of the offense under consideration and its relationship to the persons employment duties and responsibilities.
(B)Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
(C)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.
(D)The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person.
(E)Any rehabilitation evidence, including character references, submitted by the person.
(F)Employment history and current employer recommendations.
(G)Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
(H)An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code. Code, or a comparable dismissal or expungement.
(I)Granting by the Governor of a full and unconditional pardon.
(J)A certificate of rehabilitation from a superior court.
(K)Abstinence from the use of controlled substances or alcohol if the conduct which is the basis for the departments action is attributable in part or whole to the use of controlled substances or alcohol.
(L)Stability of family life and fulfillment of parental and familiar responsibilities subsequent to the conviction or conduct that is the basis for departments action.
(h)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 holders 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.
(i)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. article, except for successfully completed diversion and deferred entry of judgment. 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.
(j)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:
(1)The reasons for the determination.
(2)The certificate holders right to appeal the determination.
(3)Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (k).
(4)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 holders criminal history information.
(k)(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.
(2)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 departments determination to revoke or suspend.
(l)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.
(m)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 persons certificate.
(n)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, final in accordance with paragraph (2) of subdivision (k), 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.
SEC. 7.Section 1736.6 of the Health and Safety Code is amended to read:1736.6.(a)(1)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:
(A)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.
(B)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.
(2)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 persons 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.
(3)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.
(4)The departments 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.
(b)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.
(c)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.
(d)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.
(e)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.
(f)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.
(g)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.
(h)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 individuals written request and the response and date provided.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)The Legislature finds and declares all of the following:
(1)Recidivism is reduced when criminal offenders are given the opportunity to secure employment and engage in a trade, occupation, or profession.
(2)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.
(3)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.
(b)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:
(1)(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.
(B)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.
(2)(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.
(B)(i)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.
(ii)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.
(c)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).
(d)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.
(e)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.
(f)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 applicants failure to disclose a fact that would not have been cause for denial had it been disclosed.
(g)The department shall follow the following procedures in requesting or acting on an applicants criminal history information:
(1)The department shall not require an applicant to disclose any information or documentation regarding the applicants criminal history. However, after the department has obtained the persons 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 applicants 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 applicants 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.
(2)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:
(A)The reasons for the determination.
(B)Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to this section.
(C)That the applicant has the right to appeal the determination.
(D)The processes for the applicant to request a copy of the applicants 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.
(h)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:
(1)Unprofessional conduct involving incompetence, gross negligence, unless due to circumstances beyond the nurse assistants control, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
(2)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.
(3)Procuring a certified nurse assistant certificate by fraud, misrepresentation, or mistake.
(4)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.
(5)Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
(6)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.
(7)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.
(i)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:
(1)The nature and seriousness of the conduct or crime under consideration and its relationship to the persons employment duties and responsibilities.
(2)Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
(3)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.
(4)The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person.
(5)Any rehabilitation evidence, including character references, submitted by the person.
(6)Employment history and current employer recommendations.
(7)Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
(8)An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code.
(9)The granting by the Governor of a full and unconditional pardon.
(10)A certificate of rehabilitation from a superior court.
(j)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 persons 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.
(k)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.
(l)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:
(1)The reasons for the determination.
(2)The certificate holders right to appeal the determination.
(3)Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (m).
(4)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 holders criminal history information.
(m)(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.
(2)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 departments determination to revoke or suspend.
(n)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.
(o)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 persons certificate.
(p)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.
SEC. 3.Section 1338.5 of the Health and Safety Code is amended to read:1338.5.(a)(1)(A)A criminal record clearance shall be conducted for all nurse assistants by the submission of fingerprint images and related information to the state 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:
(i)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.
(ii)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.
(B)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 persons 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.
(C)An applicant or certificate holder who may be disqualified whose application was denied or certificate was suspended or revoked on the basis of a criminal conviction shall provide the department with a certified copy of the judgment of each conviction. In addition, the individual 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 (c) of Section 1337.9. (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.
(D)The departments 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.
(2)(A)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 state 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 state department.
(B)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 the person has any prior criminal convictions, has had any arrests within the past 12-month period, or has any active arrests, and shall certify that, to the best of his or her knowledge, the information provided is true. This requirement is not intended to duplicate existing requirements for individuals who are required to submit fingerprint images as part of a criminal background clearance process. Every applicant shall provide information on any prior administrative action was taken against him or her them by any federal, state, or local government governmental agency and shall certify that, to the best of his or her 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 his or her their application or exemption or revocation of any exemption previously granted.
(3)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.
(b)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, government governmental agency, or law enforcement agency.
(c)The state 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.
(d)If the department is experiencing a delay in processing the renewal of the certified nursing assistants certification at the time of the expiration of the certified nursing assistants certification, the department may extend the expiration of the certified nursing assistants certification for six months.
(e)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.
(f)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.
(g)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 an individual a training and examination applicant, applicant for certificate, or certificate holder with a copy of his or her 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 individuals written request and the response and date provided.
SEC. 4.Section 1735 of the Health and Safety Code is repealed.1735.The state department may deny any application for, or suspend or revoke any license issued under the provisions of this chapter upon any of the following grounds and in the manner hereinafter provided:(a) Violation by the licensee of any of the provisions of this chapter or of any other law of this state or of the rules and regulations promulgated under this chapter.(b) Aiding, abetting or permitting the commission of any illegal act.(c) Misrepresentation of a material fact in the application for a license.SEC. 5.Section 1736.5 of the Health and Safety Code is repealed.1736.5.(a)The department shall deny a training application and deny, suspend, or revoke a certificate issued under this article if the applicant or certificate holder has been convicted of a violation or attempted violation of any of the following Penal Code provisions: Section 187, subdivision (a) of Section 192, Section 203, 205, 206, 207, 209, 210, 210.5, 211, 220, 222, 243.4, 245, 261, 262, or 264.1, Sections 265 to 267, inclusive, Section 273a, 273d, 273.5, or 285, subdivisions (c), (d), (f), and (g) of Section 286, Section 288, subdivisions (c), (d), (f), and (g) of Section 287 or former Section 288a, Section 288.5, 289, 289.5, 368, 451, 459, 470, 475, 484, or 484b, Sections 484d to 484j, inclusive, Section 487, subdivision (a) of Section 487a, or Section 488, 496, 503, 518, or 666, unless any of the following applies:(1)The person was convicted of a felony and 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 and the information or accusation against him or her has been dismissed pursuant to Section 1203.4 of the Penal Code.(2)The person was convicted of a misdemeanor and the information or accusation against him or her has been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.(3)The certificate holder was convicted of a felony or a misdemeanor, but has previously disclosed the fact of each conviction to the department, and the department has made a determination in accordance with law that the conviction does not disqualify the applicant from certification.(b)An application or certificate shall be denied, suspended, or revoked upon conviction in another state of an offense that, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in subdivision (a), unless evidence of rehabilitation comparable to the certificate of rehabilitation or dismissal of a misdemeanor set forth in paragraph (1) or (2) of subdivision (a) is provided.(c)(1)The department may deny an application or deny, suspend, or revoke a certificate issued under this article for any of the following:(A)Unprofessional conduct, including, but not limited to, incompetence, gross negligence, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.(B)Conviction of a crime substantially related to the qualifications, functions, and duties of a home health aide, irrespective of a subsequent order under Section 1203.4, 1203.4a, or 4852.13 of the Penal Code, where the department determines that the applicant or certificate holder has not adequately demonstrated that he or she has been rehabilitated and will present a threat to the health, safety, or welfare of patients.(C)Conviction for, or use of, any controlled substance as defined in Division 10 (commencing with Section 11000) of this code, or any dangerous drug, as defined in Section 4022 of the Business and Professions Code, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the home health aide, any other person, or the public, to the extent that this use would impair the ability to conduct, with safety to the public, the practice authorized by a certificate.(D)Procuring a home health aide certificate by fraud, misrepresentation, or mistake.(E)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.(F)Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.(G)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.(H)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.(2)In determining whether or not to deny an application or deny, suspend, or revoke a certificate issued under this article pursuant to this subdivision, the department shall take into consideration the following factors as evidence of good character and rehabilitation:(A)The nature and seriousness of the offense under consideration and its relationship to the persons employment duties and responsibilities.(B)Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.(C)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.(D)The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person.(E)Any rehabilitation evidence, including character references, submitted by the person.(F)Employment history and current employer recommendations.(G)Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.(H)Granting by the Governor of a full and unconditional pardon.(I)A certificate of rehabilitation from a superior court.(d)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 (g), the certificate holder may request to enter into a diversion program agreement. A diversion program agreement shall specify terms and conditions related to matters including, but not limited to, work performance, rehabilitation, training, counseling, progress reports, and treatment programs. 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.(e)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 judgment of conviction is entered or when an order granting probation is made suspending the imposition of sentence.(f)Upon determination to deny an application or deny, revoke, or suspend a certificate, the department shall notify the applicant or certificate holder in writing by certified mail of both of the following:(1)The reasons for the determination.(2)The applicants or certificate holders right to appeal the determination if the determination was made under subdivision (c).(g)(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 subdivision (c), 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.(2)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 (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 departments determination to revoke or suspend.(h)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 (f). If the certificate holder requests an administrative hearing pursuant to subdivision (g), 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.(i)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 persons certificate.(j)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.SEC. 6.Section 1736.5 is added to the Health and Safety Code, to read:1736.5.(a)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:
(1)(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.
(B)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.
(2)(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.
(B)(i)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.
(ii)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.
(b)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).
(c)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.
(d)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.
(e)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 applicants failure to disclose a fact that would not have been cause for denial had it been disclosed.
(f)The department shall follow the following procedures in requesting or acting on an applicants criminal history information:
(1)The department shall not require an applicant to disclose any information or documentation regarding the applicants criminal history. However, after the department has obtained the persons 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 applicants 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 applicants 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.
(2)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:
(A)The reasons for the determination.
(B)Existing procedure for the applicant to challenge the determination or to request reconsideration pursuant to subdivision (k).
(C)That the applicant has the right to appeal the determination.
(D)The processes for the applicant to request a copy of the applicants 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.
(g)(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:
(A)Unprofessional conduct involving incompetence, gross negligence, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others.
(B)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.
(C)Procuring a home health aide certificate by fraud, misrepresentation, or mistake.
(D)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.
(E)Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate.
(F)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.
(G)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.
(2)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:
(A)The nature and seriousness of the offense under consideration and its relationship to the persons employment duties and responsibilities.
(B)Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
(C)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.
(D)The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person.
(E)Any rehabilitation evidence, including character references, submitted by the person.
(F)Employment history and current employer recommendations.
(G)Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
(H)An order from a superior court pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.4b of the Penal Code.
(I)Granting by the Governor of a full and unconditional pardon.
(J)A certificate of rehabilitation from a superior court.
(h)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 holders 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.
(i)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.
(j)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:
(1)The reasons for the determination.
(2)The certificate holders right to appeal the determination.
(3)Existing procedure for the certificate holder to challenge the determination or to request reconsideration pursuant to subdivision (k).
(4)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 holders criminal history information.
(k)(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.
(2)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 departments determination to revoke or suspend.
(l)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.
(m)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 persons certificate.
(n)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.
SEC. 7.Section 1736.6 of the Health and Safety Code is amended to read:1736.6.(a)(1)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:
(A)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.
(B)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.
(2)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 persons 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.
(3)An applicant or certificate holder who may be disqualified whose application was denied or certificate was suspended or revoked on the basis of a criminal conviction shall provide the department with a certified copy of the judgment of each conviction. In addition, the individual 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 subdivision (a) of Section 1736.5. 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.
(4)The departments 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 in on the basis of criminal convictions that do not require automatic denial pursuant to subdivision (a) of Section 1736.5. convictions.
(b)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 state department.
(c)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.
(d)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.
(e)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 the person has any prior criminal convictions, has had any arrests within the past 12-month period, or has any active arrests, and shall certify that, to the best of his or her knowledge, the information provided is true. This requirement is not intended to duplicate existing requirements for individuals who are required to submit fingerprint images as part of a criminal background clearance process. Every applicant shall provide information on any prior administrative action was taken against him or her them by any federal, state, or local government governmental agency and shall certify that, to the best of his or her 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 his or her their application or exemption or revocation of any exemption previously granted.
(f)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.
(g)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.
(h)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 an individual a training examination applicant, applicant for certificate, or certificate holder with a copy of his or her 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 his or her their written request. The department shall retain a copy of the individuals written request and the response and date provided.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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Date
|
Status
|
|---|---|
| Sep 18, 2026 | In Senate. Consideration of Governor's veto pending. |
| Sep 18, 2026 | Vetoed by the Governor. |
| Sep 9, 2026 | Enrolled and presented to the Governor at 2 p.m. |
| Aug 31, 2026 | Unanimous consent granted to take up without reference to file. |
| Aug 31, 2026 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 31, 2026 | Assembly amendments concurred in. (Ayes 30. Noes 10.) Ordered to engrossing and enrolling. |
| Aug 31, 2026 | Read third time. Passed. (Ayes 57. Noes 18. Page 7028.) Ordered to the Senate. |
| Aug 31, 2026 | Read third time. Passed. Ordered to the Senate. |
| Aug 28, 2026 | Joint Rule 61(b)(16) suspended. |
| Aug 28, 2026 | Joint Rule 61(b)(16) suspended. (Ayes 57. Noes 1. Page 6819.) |
| Aug 28, 2026 | Ordered to third reading. |
| Aug 28, 2026 | Read third time and amended. |
| Aug 27, 2026 | Ordered to third reading. |
| Aug 27, 2026 | Action rescinded whereby bill was read a third time, passed, and ordered to Senate. |
| Aug 27, 2026 | In Assembly. Held at Desk. |
| Aug 26, 2026 | Ordered to the Assembly. |
| Aug 25, 2026 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 25, 2026 | Read third time. Passed. Ordered to the Senate. |
| Aug 21, 2026 | Read third time and amended. |
| Aug 21, 2026 | Ordered to third reading. |
| Aug 21, 2026 | Assembly Rule 69(b)(1) suspended. (Ayes 55. Noes 17. Page 6296.) |
| Aug 21, 2026 | Assembly Rule 69(b)(1) suspended. |
| Aug 19, 2026 | Ordered to third reading. |
| Aug 19, 2026 | Read third time and amended. |
| Aug 13, 2026 | Read second time. Ordered to third reading. |
| Aug 13, 2026 | From committee: Do pass. (Ayes 11. Noes 3.) (August 13). |
| Aug 13, 2026 | Assembly Rule 63 suspended. |
| Aug 5, 2026 | August 5 set for first hearing. Placed on suspense file. |
| Jun 25, 2026 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 24, 2026 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 3.) (June 23). |
| Jun 1, 2026 | Referred to Com. on HEALTH. |
| May 26, 2026 | In Assembly. Read first time. Held at Desk. |
| May 26, 2026 | Read third time. Passed. (Ayes 29. Noes 8.) Ordered to the Assembly. |
| May 26, 2026 | Read third time. Passed. (Ayes 29. Noes 8. Page 4444.) Ordered to the Assembly. |
| May 14, 2026 | Read second time. Ordered to third reading. |
| May 14, 2026 | From committee: Do pass. (Ayes 5. Noes 2. Page 4263.) (May 14). |
| May 14, 2026 | From committee: Do pass. (Ayes 5. Noes 2.) (May 14). |
| May 8, 2026 | Set for hearing May 14. |
| Apr 20, 2026 | April 20 hearing: Placed on APPR. suspense file. |
| Apr 10, 2026 | Set for hearing April 20. |
| Apr 9, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (April 8). Re-referred to Com. on APPR. |
| Apr 9, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 3793.) (April 8). Re-referred to Com. on APPR. |
| Mar 25, 2026 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH. |
| Mar 19, 2026 | Set for hearing April 8. |
| Feb 26, 2026 | Referred to Com. on HEALTH. |
| Feb 13, 2026 | From printer. May be acted upon on or after March 15. |
| Feb 12, 2026 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2026 | SB 1057 Becker Senate Third Reading By Bonta | Assembly Floor |
Passed |
|
| Aug 31, 2026 | W/O REF. TO FILE SB1057 Becker | Senate Floor |
Passed |
|
| Aug 25, 2026 | SB 1057 Becker Senate Third Reading By Bonta | Assembly Floor |
Passed |
|
| Aug 13, 2026 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 23, 2026 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Health |
Passed |
|
| May 26, 2026 | Senate 3rd Reading SB1057 Becker | Senate Floor |
Passed |
|
| May 14, 2026 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 20, 2026 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 8, 2026 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Health |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| All of Us or None | ** Support | |
| California Association Of Health Facilities | ** Support | |
| CALIFORNIA PRIMARY CARE ASSOCIATION ADVOCATES | ** Support | |
| Californians for Safety and Justice | ** Support | |
| Center for Caregiver Advancement | ** Support | |
| Center for Employment Opportunities | ** Support | |
| Community Legal Services in East Palo Alto | ** Support | |
| Courage California | ** Support | |
| Felony Murder Elimination Project | ** Support | |
| Glide | ** Support | |
| Legal Services for Prisoners with Children | ** Support | |
| Rubicon Program | ** Support | |
| San Francisco Public Defender | ** Support | |
| transitions clinic network | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 1057 |
VETO
Bill No: SB 1057
Author: Becker (D)
Enrolled: 9/4/26
Vote: 27
SENATE HEALTH COMMITTEE: 9-2, 4/8/26
AYES: Weber Pierson, Caballero, Durazo, Gonzalez, Menjivar, Padilla, Pérez, Rubio, Smallwood-Cuevas
NOES: Valladares, Grove
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/14/26
AYES: Cervantes, Cabaldon, Grayson, Richardson, Wahab
NOES: Seyarto, Dahle
SENATE FLOOR: 29-8, 5/26/26
AYES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Umberg, Wahab, Weber Pierson, Wiener
NOES: Alvarado-Gil, Choi, Grove, Jones, Ochoa Bogh, Seyarto, Strickland, Valladares
NO VOTE RECORDED: Dahle, Gonzalez, Niello
SENATE FLOOR: 30-10, 8/31/26
AYES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Gonzalez, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Umberg, Wahab, Weber Pierson, Wiener
NOES: Alvarado-Gil, Choi, Dahle, Grove, Jones, Niello, Ochoa Bogh, Seyarto, Strickland, Valladares
ASSEMBLY FLOOR: 57-18, 8/31/26 - See last page for vote
SUBJECT: Licensing: certified nurse assistants and home health aides
SOURCE: Californians for Safety and Justice
DIGEST:
This bill revises and recasts a portion of existing law governing the training and certification of certified nurse assistants and home health aides, specifically provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Aligns these provisions of law for both professions with each other.
ANALYSIS:
Existing law:
- Provides for the certification of certified nursing assistants (CNAs) and home health aides (HHAs) by the California Department of Public Health (CDPH) and establishes minimum qualifications and training requirements for CNAs and HHAs, including criminal record clearances. [Health and Safety Code (HSC) §1337.2 and §1736.1]
- Requires a criminal record clearance to be conducted for all CNAs and HHAs by the submission of fingerprint images and related information to CDPH for processing at the California Department of Justice (DOJ). Requires CDPH to issue an All Facilities Letter (AFL) when it receives 95% of total responses indicating no evidence of recorded criminal information from the DOJ and has processed 95% total responses requiring disqualification, no later than 45 days after the date that the report is received from the DOJ. [HSC §1338.5(a)(1)(A) and §1736.6(a)(1)]
- Prohibits facilities, after the AFL is issued, from allowing trainees or newly hired CNA/HHAs to have direct contact with clients or residents prior to completion of the criminal record clearance. Makes a criminal record clearance complete when CDPH has obtained the person’s criminal offender record information from the DOJ and has determined that the person is not disqualified from engaging in the activity for which clearance is required. [HSC §1338.5(a)(1)(B) and §1736.6(a)(2)]
- Permits CDPH to deny an application for, initiate an action to suspend or revoke a certificate for, or deny a training and examination application for, a CNA/HHA for:
- Unprofessional conduct, as specified;
- Conviction of a crime substantially related to the qualifications, functions, and duties of a CNA/HHA if the state department determines that the applicant or certificate holder has not adequately demonstrated that they have been rehabilitated;
- Conviction for, or use of, any controlled substance, dangerous drug, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the CNA/HHA, any other person, or the public, to the extent that this use would impair the ability to conduct, with safety to the public, the practice authorized by a certificate;
- Procuring a certificate by fraud or misrepresentation or mistake;
- Making or giving any false statement or information in conjunction with the application for issuance of a certificate or training and examination application;
- Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate;
- Impersonating another CNA/HHA, 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; or
- Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to violate any provision or term of, existing law related to certification. [HSC §1337.9(b) and §1736.5(c)]
- Requires CDPH to take specified factors as evidence of good character and rehabilitation in determining whether or not to deny a CNA/HHA application for licensure or renewal. [HSC §1337.9(c) and §1736.5(c)(2)]
- Allows CDPH to deny, suspend, or revoke any license under the home health agency law due to violating applicable laws or regulations; aiding or permitting illegal acts; making a material misrepresentation in a license application; prior termination from the Medicare or Medi-Cal program due to noncompliance or license suspension or revocation; being on the U.S. Department of Health and Human Services Office of Inspector General’s List of Excluded Individuals or Entities; owning, operating, or managing a home health agency that demonstrates a pattern of violations of state or federal standards in the past three years, failure by management personnel to cooperate in investigations or inspections; or failure by a home health agency to report a change in owner, management personnel, service area, or location. [HSC §1735]
This bill:
- Revises and recasts a portion of existing law governing the training and certification of CNAs and HHAs, including provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Aligns the two training and certification statutes with each other.
- Deletes the requirement that 24 of the 48 hours of in-service training required for CNA license renewal be completed in-person. Clarifies that the in-service training required for CNA license renewal also includes continuing education. Permits a certificate holder to submit documentation of completion of 48 hours of continuing education or in-service training that may be obtained through in-person instruction, online instruction, or other distance learning formats approved by CDPH.
- Permits CDPH to deny an application for, or deny a training and examination application for, a CNA/HHA on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline if:
- The applicant has been convicted of a crime within the preceding seven years that is directly and adversely related to the qualifications, functions, or duties of a CNA/HHA, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a CAN/HHA and for which the applicant is presently incarcerated or was released from incarceration within the preceding seven years;
- The applicant was convicted of a serious felony, as specified, a sex crime for which registration is required, or a misdemeanor or felony involving financial abuse, as defined;
- The applicant has been subjected to formal discipline by CDPH or a licensing board within the preceding seven years based on professional misconduct, as specified, that is directly and adversely related to the qualifications, functions, or duties of a CNA/HHA, unless the basis for discipline was a conviction that has been dismissed; or,
- The applicant was subjected to formal discipline by CDPH or a licensing board for conduct involving financial abuse, as defined, or conduct that would have constituted an act of sexual abuse, misconduct, relations with a patient, or sexual exploitation, as specified.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application 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, 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 CDPH.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application on the basis of any conviction, or on the basis of the acts underlying the conviction, that have been dismissed or expunged. Requires the applicant who has a conviction that has been dismissed to provide proof of that, if it is not reflected on the report furnished by the DOJ.
- Prohibits a person from being denied a CNA/HHA certificate or training and examination application 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, diversion, deferred entry of judgment, or a juvenile adjudication.
- Permits CDPH to deny a CNA/HHA certificate or training and examination application on the grounds that the applicant knowingly made a false statement of fact that is required to be revealed in the application. Prohibits CDPH from denying a CNA/HHA certificate or training and examination application based solely on an applicant’s failure to disclose a fact that would not have been cause for denial had it been disclosed.
- Requires CDPH to follow specified procedures in requesting or acting on an applicant’s criminal history information, as follows:
- Prohibits CDPH from requiring an applicant to disclose any information or documentation regarding the applicant’s criminal history prior to obtaining the person’s criminal offender record information search response information from the DOJ;
- Permits CDPH, after it has received the criminal offender record information, to request mitigating information from an applicant regarding their criminal history that is grounds for denial, for purposes of determining direct and adverse 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 will not be a factor in any decision to grant or deny a certificate for, or a training and examination application;
- Requires CDPH, if it decides to deny a training and examination application, to deny a certificate, or to revoke or suspend a certificate, to notify the applicant in writing, in addition to the reason for the determination and the right to appeal the determination (required under existing law):
- The procedure for the applicant to challenge the determination or to request reconsideration; and,
- The processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record.
- Deletes existing law that:
- Allows CDPH to deny, suspend, or revoke any license under the home health agency law due to violating applicable laws or regulations, aiding or permitting illegal acts, or misrepresenting a material fact in a license application.
- Permits the denial of a certification or training application, or the suspension or revocation of a certificate, based on a conviction for, or use of, controlled substances or alcoholic beverages, as specified.
- Requires a CNA/HHA, whose application was denied or certificate was suspended or revoked on the basis of a criminal conviction, provide the CDPH with a certified copy of the judgment of each conviction.
- Requires a CNA/HHA applicant, as part of the background clearance process, provide information as to whether they have any prior criminal convictions, any arrests within the past 12-month period, or any active arrests, and certify that, to the best of their knowledge, the information provided is true.
- Makes other technical, clarifying changes.
Comments
According to the author of this bill:
This bill is a crucial step toward ensuring a fair opportunity for people with past records to pursue meaningful caregiving careers while also addressing California’s direct care workforce shortage. People living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed and care for their families. AB 2138 (Chiu, Chapter 995, Statutes of 2018) vastly improved the ability of people with a conviction history to navigate the occupational licensing process for a range of different boards and bureaus regulated by the Department of Consumer Affairs (DCA), which include registered and vocational nursing, physicians and surgeons, clinical social workers, counselors and many more. While these standards ensure a fair opportunity for people with records to obtain a range of DCA-regulated patient care licenses, people seeking certifications regulated by CDPH for similar roles, such as CNAs and HHAs, are not afforded the same protections. This bill would close this gap and ensure that people with records seeking these certifications, including entry into training programs, are afforded the same opportunity as those seeking similar DCA-regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
Background
Direct care workers. HHAs and CNAs are categorized by the U.S. Bureau of Labor Statistics (BLS) as “direct care workers,” which include HHAs, CNAs, and personal care aides. In general, personal care aides provide custodial care, while HHAs and CNAs provide both custodial and limited skilled care. According to a January 2023 California Health Care Foundation (CHCF) Issue Brief, direct care workers are paid to provide essential, hands-on, daily, and long-term assistance to older adults and people with disabilities. They work in a range of settings (from private homes to community and congregate settings), assisting their clients to maximize their quality of life and supporting their clients’ ability to remain in their own homes or communities when possible. Many of California’s direct care workers come from historically marginalized backgrounds: 80% are women, almost half (47%) are immigrants, and over three-quarters are people of color. According to the BLS, California had 978,490 direct care workers in May of 2024, including 875,110 personal care aides and HHAs (counted as a single category), and 102,380 CNAs.
Training requirements and licensure. Applicants for both CNA and HHA certificates must be at least 16 years old and have completed a CDPH-approved training program. CDPH maintains a list of approved HHA and CNA training programs, which are offered through community colleges, private nursing schools and career colleges, public school districts, and health care facilities. Beyond completing the training program and passing the competency evaluation examination, applicants for CNA and HHA certificates must obtain criminal record clearance from CDPH’s Criminal Background Section. This process includes an applicant’s disclosure of their criminal history and the submission of fingerprints to the DOJ. The DOJ provides the applicant’s criminal records to CDPH, which reviews the information and examines supporting documentation from courts and law enforcement as necessary. Decisions are made on a case-by-case basis that consider the nature and severity of the crime, the amount of time since the most recent conviction, and any evidence of rehabilitation. CNA and HHA licenses must be renewed every two years and require disclosure of any criminal conviction or health-related licensing, certification, or disciplinary authority action.
Workforce shortages. According to the CHCF Issue Brief, over the next decade, demand for direct care workers will outpace supply in California. Growing demand is driven by an aging and increasingly diverse population, fewer working-aged adults and family caregivers to support this aging population, a growing desire to remain in home and community-based settings, and an increased need for complex care provided in facility-based long-term care settings. California’s Employment Development Department ranks HHAs and personal care aides as the fifth-fastest growing occupation from 2023 to 2033, projecting a 31% growth to 1.8 million positions in 2033. CNAs are also projected to grow by 8.4% to 150,000 positions in 2033. Despite the increased demand, the Public Policy Institute of California reports that projected direct care workforce shortages range from 600,000 to over three million workers over the next decade.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, CDPH estimates annual costs of $251,000 in fiscal years 2027-28 through 2029-30 for one full-time equivalent position to develop regulations and for Office of Regulations services costs (Licensing and Certification Program Fund). No costs to the Department of Justice.
SUPPORT: (Verified 9/21/26)
Californians for Safety and Justice (source)
All of Us or None
California Association of Health Facilities
California Primary Care Association Advocates
Center for Caregiver Advancement
Center for Employment Opportunities
Community Legal Services in East Palo Alto
Courage California
Felony Murder Elimination Project
GLIDE
Legal Services for Prisoners with Children
Rubicon Program
San Francisco Public Defender
Transitions Clinic Network
OPPOSITION: (Verified 9/21/26)
None received
ARGUMENTS IN SUPPORT: Californians for Safety and Justice, the source of the bill, state that Californians living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed. The passage of AB 2138 improved the ability of those with a conviction history to navigate occupational licensing process for many boards within DCA but did not include CDPH-regulated CNA and HHA certification, professions that can provide a vital pathway to sustainable employment through accessible, short-term training programs. This bill would ensure that people with records seeking CNA or HHA certification are afforded the same opportunity as those in similar patient care professions, aligning the consideration of their past convictions to the same standards already approved by the legislature. These sentiments are echoed by organizing networks, social service providers, and criminal justice advocacy groups. The California Primary Care Association Advocates also share that community health centers often serve communities where individuals are seeking pathways to stable employment. By clarifying standards and due process protections in the CNA and HHA certification system, this bill will help community health centers recruit and retain critical staff to provide timely care, support aging populations, and address growing demand for home- and community-based services. The California Association of Health Facilities and Center for Caregiver Advancement express support for authorizing online training as an approved modality for all 48 hours of required continuing education for CNAs.
GOVERNOR'S VETO MESSAGE:
This bill would allow continuing education or in-service hours for certified nurse assistants (CNAs) to be obtained through online training and would make significant changes to CNA and home health aide (HHA) certification standards regarding criminal record clearances, narrowing when CDPH may deny a certificate or suspend or revoke an existing certificate.
I appreciate the author's efforts to expand access to online education for CNAs, which could potentially reduce or eliminate barriers to employment within the industry by providing a new path to certification. However, other aspects of this bill raise concerns. CDPH already has the authority to consider the unique circumstances of applicants' criminal records or any rehabilitation efforts they have pursued during the application review process. Thus, this bill significantly reduces state authority to take common administrative actions by preventing enforcement following an arrest, delaying action until a conviction and all appeals are exhausted, and disallowing enforcement on dismissed convictions and the underlying egregious behavior.
Further, this bill unacceptably and unavoidably weakens Medicare and Medi-Cal program integrity by requiring the state to certify federally ineligible individuals, simultaneously jeopardizing facility funding, and endangering patients.
For these reasons, I cannot sign this bill.
ASSEMBLY FLOOR: 57-18, 8/31/26
AYES: Addis, Aguiar-Curry, Ahrens, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Elhawary, Fong, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Celeste Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Valencia, Ward, Wicks, Wilson, Zbur, Rivas
NOES: Alanis, Castillo, Davies, DeMaio, Dixon, Ellis, Flora, Jeff Gonzalez, Hadwick, Hoover, Johnson, Lackey, Macedo, Patterson, Sanchez, Ta, Tangipa, Wallis
NO VOTE RECORDED: Chen, Gabriel, Ramos, Michelle Rodriguez
Prepared by: Natalie Gehred / HEALTH / (916) 651-4111
9/30/26 14:18:32
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 1057 |
UNFINISHED BUSINESS
Bill No: SB 1057
Author: Becker (D)
Amended: 8/28/26
Vote: 21
SENATE HEALTH COMMITTEE: 9-2, 4/8/26
AYES: Weber Pierson, Caballero, Durazo, Gonzalez, Menjivar, Padilla, Pérez, Rubio, Smallwood-Cuevas
NOES: Valladares, Grove
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/14/26
AYES: Cervantes, Cabaldon, Grayson, Richardson, Wahab
NOES: Seyarto, Dahle
SENATE FLOOR: 29-8, 5/26/26
AYES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Umberg, Wahab, Weber Pierson, Wiener
NOES: Alvarado-Gil, Choi, Grove, Jones, Ochoa Bogh, Seyarto, Strickland, Valladares
NO VOTE RECORDED: Dahle, Gonzalez, Niello
ASSEMBLY FLOOR: 52-17, 8/25/26 - See last page for vote
SUBJECT: Licensing: certified nurse assistants and home health aides
SOURCE: Californians for Safety and Justice
DIGEST:
This bill revises and recasts a portion of existing law governing the training and certification of certified nurse assistants and home health aides, specifically provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Aligns these provisions of law for both professions with each other.
Assembly Amendments:
- Clarify that an application may be denied if the applicant is presently incarcerated for, or was released from incarceration within the preceding seven years for, a crime directly or adversely related to the qualifications, functions, or duties of the role.
- Expand the grounds for denial to include convictions or formal discipline for conduct involving financial abuse.
- Allow the 48 hours of continuing education or in-service training documentation required for the renewal of a certified nurse assistant (CNA) license to be obtained through in-person instruction, online instruction, or other distance learning formats approved by the California Department of Public Health (CDPH).
ANALYSIS:
Existing law:
- Provides for the certification of CNAs and home health aides (HHAs) by CDPH and establishes minimum qualifications and training requirements for CNAs and HHAs, including criminal record clearances. [Health and Safety Code (HSC) §1337.2 and §1736.1]
- Requires a criminal record clearance to be conducted for all CNAs and HHAs by the submission of fingerprint images and related information to CDPH for processing at the DOJ. Requires CDPH to issue an All Facilities Letter (AFL) when it receives 95% of total responses indicating no evidence of recorded criminal information from the DOJ and has processed 95% total responses requiring disqualification, no later than 45 days after the date that the report is received from the DOJ. [HSC §1338.5(a)(1)(A) and §1736.6(a)(1)]
- Prohibits facilities, after the AFL is issued, from allowing trainees or newly hired CNA/HHAs to have direct contact with clients or residents prior to completion of the criminal record clearance. Makes a criminal record clearance complete when CDPH has obtained the person’s criminal offender record information from the DOJ and has determined that the person is not disqualified from engaging in the activity for which clearance is required. [HSC §1338.5(a)(1)(B) and §1736.6(a)(2)]
- Permits CDPH to deny an application for, initiate an action to suspend or revoke a certificate for, or deny a training and examination application for, a CNA/HHA for:
- Unprofessional conduct, as specified;
- Conviction of a crime substantially related to the qualifications, functions, and duties of a CNA/HHA if the state department determines that the applicant or certificate holder has not adequately demonstrated that they have been rehabilitated;
- Conviction for, or use of, any controlled substance, dangerous drug, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the CNA/HHA, any other person, or the public, to the extent that this use would impair the ability to conduct, with safety to the public, the practice authorized by a certificate;
- Procuring a certificate by fraud or misrepresentation or mistake;
- Making or giving any false statement or information in conjunction with the application for issuance of a certificate or training and examination application;
- Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate;
- Impersonating another CNA/HHA, 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; or
- Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to violate any provision or term of, existing law related to certification. [HSC §1337.9(b) and §1736.5(c)]
- Requires CDPH to take specified factors as evidence of good character and rehabilitation in determining whether or not to deny a CNA/HHA application for licensure or renewal. [HSC §1337.9(c) and §1736.5(c)(2)]
- Allows CDPH to deny, suspend, or revoke any license under the home health agency law due to violating applicable laws or regulations; aiding or permitting illegal acts; making a material misrepresentation in a license application; prior termination from the Medicare or Medi-Cal program due to noncompliance or license suspension or revocation; being on the U.S. Department of Health and Human Services Office of Inspector General’s List of Excluded Individuals or Entities; owning, operating, or managing a home health agency that demonstrates a pattern of violations of state or federal standards in the past three years, failure by management personnel to cooperate in investigations or inspections; or failure by a home health agency to report a change in owner, management personnel, service area, or location. [HSC §1735]
This bill:
- Revises and recasts a portion of existing law governing the training and certification of CNAs and HHAs, including provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Aligns the two training and certification statutes with each other.
- Deletes the requirement that 24 of the 48 hours of in-service training required for CNA license renewal be completed in-person. Clarifies that the in-service training required for CNA license renewal also includes continuing education. Permits a certificate holder to submit documentation of completion of 48 hours of continuing education or in-service training that may be obtained through in-person instruction, online instruction, or other distance learning formats approved by CDPH.
- Permits CDPH to deny an application for, or deny a training and examination application for, a CNA/HHA on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline if:
- The applicant has been convicted of a crime within the preceding seven years that is directly and adversely related to the qualifications, functions, or duties of a CNA/HHA, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a CAN/HHA and for which the applicant is presently incarcerated or was released from incarceration within the preceding seven years;
- The applicant was convicted of a serious felony, as specified, a sex crime for which registration is required, or a misdemeanor or felony involving financial abuse, as defined;
- The applicant has been subjected to formal discipline by CDPH or a licensing board within the preceding seven years based on professional misconduct, as specified, that is directly and adversely related to the qualifications, functions, or duties of a CNA/HHA, unless the basis for discipline was a conviction that has been dismissed; or
- The applicant was subjected to formal discipline by CDPH or a licensing board for conduct involving financial abuse, as defined, or conduct that would have constituted an act of sexual abuse, misconduct, relations with a patient, or sexual exploitation, as specified.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application 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, 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 CDPH.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application on the basis of any conviction, or on the basis of the acts underlying the conviction, that have been dismissed or expunged. Requires the applicant who has a conviction that has been dismissed to provide proof of that, if it is not reflected on the report furnished by the DOJ.
- Prohibits a person from being denied a CNA/HHA certificate or training and examination application 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, diversion, deferred entry of judgment, or a juvenile adjudication.
- Permits CDPH to deny a CNA/HHA certificate or training and examination application on the grounds that the applicant knowingly made a false statement of fact that is required to be revealed in the application. Prohibits CDPH from denying a CNA/HHA certificate or training and examination application based solely on an applicant’s failure to disclose a fact that would not have been cause for denial had it been disclosed.
- Requires CDPH to follow specified procedures in requesting or acting on an applicant’s criminal history information, as follows:
- Prohibits CDPH from requiring an applicant to disclose any information or documentation regarding the applicant’s criminal history prior to obtaining the person’s criminal offender record information search response information from the DOJ;
- Permits CDPH, after it has received the criminal offender record information, to request mitigating information from an applicant regarding their criminal history that is grounds for denial, for purposes of determining direct and adverse 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 will not be a factor in any decision to grant or deny a certificate for, or a training and examination application;
- Requires CDPH, if it decides to deny a training and examination application, to deny a certificate, or to revoke or suspend a certificate, to notify the applicant in writing, in addition to the reason for the determination and the right to appeal the determination (required under existing law):
- The procedure for the applicant to challenge the determination or to request reconsideration; and,
- The processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record.
- Deletes existing law that:
- Allows CDPH to deny, suspend, or revoke any license under the home health agency law due to violating applicable laws or regulations; aiding or permitting illegal acts, or misrepresenting a material fact in a license application.
- Permits the denial of a certification or training application, or the suspension or revocation of a certificate, based on a conviction for, or use of, controlled substances or alcoholic beverages, as specified.
- Requires a CNA/HHA, whose application was denied or certificate was suspended or revoked on the basis of a criminal conviction, provide the CDPH with a certified copy of the judgment of each conviction.
- Requires a CNA/HHA applicant, as part of the background clearance process, provide information as to whether they have any prior criminal convictions, any arrests within the past 12-month period, or any active arrests, and certify that, to the best of their knowledge, the information provided is true.
- Makes other technical, clarifying changes.
Background
According to the author of this bill:
This bill is a crucial step toward ensuring a fair opportunity for people with past records to pursue meaningful caregiving careers while also addressing California’s direct care workforce shortage. People living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed and care for their families. AB 2138 (Chiu, Chapter 995, Statutes of 2018) vastly improved the ability of people with a conviction history to navigate the occupational licensing process for a range of different boards and bureaus regulated by the Department of Consumer Affairs (DCA), which include registered and vocational nursing, physicians and surgeons, clinical social workers, counselors and many more. While these standards ensure a fair opportunity for people with records to obtain a range of DCA-regulated patient care licenses, people seeking certifications regulated by CDPH for similar roles, such as CNAs and HHAs, are not afforded the same protections. This bill would close this gap and ensure that people with records seeking these certifications, including entry into training programs, are afforded the same opportunity as those seeking similar DCA-regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
Direct care workers. HHAs and CNAs are categorized by the U.S. Bureau of Labor Statistics (BLS) as “direct care workers,” which include HHAs, CNAs, and personal care aides. In general, personal care aides provide custodial care, while HHAs and CNAs provide both custodial and limited skilled care. According to a January 2023 California Health Care Foundation (CHCF) Issue Brief, direct care workers are paid to provide essential, hands-on, daily, and long-term assistance to older adults and people with disabilities. They work in a range of settings (from private homes to community and congregate settings), assisting their clients to maximize their quality of life and supporting their clients’ ability to remain in their own homes or communities when possible. Many of California’s direct care workers come from historically marginalized backgrounds: 80% are women, almost half (47%) are immigrants, and over three-quarters are people of color. According to the BLS, California had 978,490 direct care workers in May of 2024, including 875,110 personal care aides and HHAs (counted as a single category), and 102,380 CNAs.
Training requirements and licensure. Applicants for both CNA and HHA certificates must be at least 16 years old and have completed a CDPH-approved training program. CDPH maintains a list of approved HHA and CNA training programs, which are offered through community colleges, private nursing schools and career colleges, public school districts, and health care facilities. Beyond completing the training program and passing the competency evaluation examination, applicants for CNA and HHA certificates must obtain criminal record clearance from CDPH’s Criminal Background Section. This process includes an applicant’s disclosure of their criminal history and the submission of fingerprints to the DOJ. The DOJ provides the applicant’s criminal records to CDPH, which reviews the information and examines supporting documentation from courts and law enforcement as necessary. Decisions are made on a case-by-case basis that consider the nature and severity of the crime, the amount of time since the most recent conviction, and any evidence of rehabilitation. CNA and HHA licenses must be renewed every two years and require disclosure of any criminal conviction or health-related licensing, certification, or disciplinary authority action.
Workforce shortages. According to the CHCF Issue Brief, over the next decade, demand for direct care workers will outpace supply in California. Growing demand is driven by an aging and increasingly diverse population, fewer working-aged adults and family caregivers to support this aging population, a growing desire to remain in home and community-based settings, and an increased need for complex care provided in facility-based long-term care settings. California’s Employment Development Department ranks HHAs and personal care aides as the fifth-fastest growing occupation from 2023 to 2033, projecting a 31% growth to 1.8 million positions in 2033. CNAs are also projected to grow by 8.4% to 150,000 positions in 2033. Despite the increased demand, the Public Policy Institute of California reports that projected direct care workforce shortages range from 600,000 to over three million workers over the next decade.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, CDPH estimates annual costs of $251,000 in fiscal years 2027-28 through 2029-30 for one full-time equivalent position to develop regulations and for Office of Regulations services costs (Licensing and Certification Program Fund). No costs to the Department of Justice.
SUPPORT: (Verified 8/28/26)
Californians for Safety and Justice (source)
All of Us or None
California Association of Health Facilities
California Primary Care Association Advocates
Center for Caregiver Advancement
Center for Employment Opportunities
Community Legal Services in East Palo Alto
Courage California
Felony Murder Elimination Project
GLIDE
Legal Services for Prisoners with Children
Rubicon Program
San Francisco Public Defender
Transitions Clinic Network
OPPOSITION: (Verified 8/28/26)
None received
ARGUMENTS IN SUPPORT: Californians for Safety and Justice, the sponsors of the bill, state that Californians living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed. The passage of AB 2138 improved the ability of those with a conviction history to navigate occupational licensing process for many boards within DCA but did not include CDPH-regulated CNA and HHA certification, professions that can provide a vital pathway to sustainable employment through accessible, short-term training programs. This bill would ensure that people with records seeking CNA or HHA certification are afforded the same opportunity as those in similar patient care professions, aligning the consideration of their past convictions to the same standards already approved by the legislature. These sentiments are echoed by organizing networks, social service providers, and criminal justice advocacy groups. The California Primary Care Association Advocates also share that community health centers often serve communities where individuals are seeking pathways to stable employment. By clarifying standards and due process protections in the CNA and HHA certification system, this bill will help community health centers recruit and retain critical staff to provide timely care, support aging populations, and address growing demand for home- and community-based services.
ASSEMBLY FLOOR: 57-18 8/31/26
AYES: Addis, Aguiar-Curry, Ahrens, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Elhawary, Fong, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Celeste Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Valencia, Ward, Wicks, Wilson, Zbur, Rivas
NOES: Alanis, Castillo, Davies, DeMaio, Dixon, Ellis, Flora, Jeff Gonzalez, Hadwick, Hoover, Johnson, Lackey, Macedo, Patterson, Sanchez, Ta, Tangipa, Wallis
NO VOTE RECORDED: Chen, Gabriel, Ramos, Michelle Rodriguez
Prepared by: Natalie Gehred / HEALTH / (916) 651-4111
9/16/26 10:58:02
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 1057 |
UNFINISHED BUSINESS
Bill No: SB 1057
Author: Becker (D)
Amended: 8/28/26
Vote: 21
SENATE HEALTH COMMITTEE: 9-2, 4/8/26
AYES: Weber Pierson, Caballero, Durazo, Gonzalez, Menjivar, Padilla, Pérez, Rubio, Smallwood-Cuevas
NOES: Valladares, Grove
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/14/26
AYES: Cervantes, Cabaldon, Grayson, Richardson, Wahab
NOES: Seyarto, Dahle
SENATE FLOOR: 29-8, 5/26/26
AYES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Umberg, Wahab, Weber Pierson, Wiener
NOES: Alvarado-Gil, Choi, Grove, Jones, Ochoa Bogh, Seyarto, Strickland, Valladares
NO VOTE RECORDED: Dahle, Gonzalez, Niello
ASSEMBLY FLOOR: Passed, 8/31/26
SUBJECT: Licensing: certified nurse assistants and home health aides
SOURCE: Californians for Safety and Justice
DIGEST:
This bill revises and recasts a portion of existing law governing the training and certification of certified nurse assistants and home health aides, specifically provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Aligns these provisions of law for both professions with each other.
Assembly Amendments:
- Clarify that an application may be denied if the applicant is presently incarcerated for, or was released from incarceration within the preceding seven years for, a crime directly or adversely related to the qualifications, functions, or duties of the role.
- Expand the grounds for denial to include convictions or formal discipline for conduct involving financial abuse.
- Allow the 48 hours of continuing education or in-service training documentation required for the renewal of a certified nurse assistant (CNA) license to be obtained through in-person instruction, online instruction, or other distance learning formats approved by the California Department of Public Health (CDPH).
ANALYSIS:
Existing law:
- Provides for the certification of CNAs and home health aides (HHAs) by CDPH and establishes minimum qualifications and training requirements for CNAs and HHAs, including criminal record clearances. [Health and Safety Code (HSC) §1337.2 and §1736.1]
- Requires a criminal record clearance to be conducted for all CNAs and HHAs by the submission of fingerprint images and related information to CDPH for processing at the DOJ. Requires CDPH to issue an All Facilities Letter (AFL) when it receives 95% of total responses indicating no evidence of recorded criminal information from the DOJ and has processed 95% total responses requiring disqualification, no later than 45 days after the date that the report is received from the DOJ. [HSC §1338.5(a)(1)(A) and §1736.6(a)(1)]
- Prohibits facilities, after the AFL is issued, from allowing trainees or newly hired CNA/HHAs to have direct contact with clients or residents prior to completion of the criminal record clearance. Makes a criminal record clearance complete when CDPH has obtained the person’s criminal offender record information from the DOJ and has determined that the person is not disqualified from engaging in the activity for which clearance is required. [HSC §1338.5(a)(1)(B) and §1736.6(a)(2)]
- Permits CDPH to deny an application for, initiate an action to suspend or revoke a certificate for, or deny a training and examination application for, a CNA/HHA for:
- Unprofessional conduct, as specified;
- Conviction of a crime substantially related to the qualifications, functions, and duties of a CNA/HHA if the state department determines that the applicant or certificate holder has not adequately demonstrated that they have been rehabilitated;
- Conviction for, or use of, any controlled substance, dangerous drug, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the CNA/HHA, any other person, or the public, to the extent that this use would impair the ability to conduct, with safety to the public, the practice authorized by a certificate;
- Procuring a certificate by fraud or misrepresentation or mistake;
- Making or giving any false statement or information in conjunction with the application for issuance of a certificate or training and examination application;
- Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate;
- Impersonating another CNA/HHA, 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; or
- Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to violate any provision or term of, existing law related to certification. [HSC §1337.9(b) and §1736.5(c)]
- Requires CDPH to take specified factors as evidence of good character and rehabilitation in determining whether or not to deny a CNA/HHA application for licensure or renewal. [HSC §1337.9(c) and §1736.5(c)(2)]
- Allows CDPH to deny, suspend, or revoke any license under the home health agency law due to violating applicable laws or regulations; aiding or permitting illegal acts; making a material misrepresentation in a license application; prior termination from the Medicare or Medi-Cal program due to noncompliance or license suspension or revocation; being on the U.S. Department of Health and Human Services Office of Inspector General’s List of Excluded Individuals or Entities; owning, operating, or managing a home health agency that demonstrates a pattern of violations of state or federal standards in the past three years, failure by management personnel to cooperate in investigations or inspections; or failure by a home health agency to report a change in owner, management personnel, service area, or location. [HSC §1735]
This bill:
- Revises and recasts a portion of existing law governing the training and certification of CNAs and HHAs, including provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Aligns the two training and certification statutes with each other.
- Deletes the requirement that 24 of the 48 hours of in-service training required for CNA license renewal be completed in-person. Clarifies that the in-service training required for CNA license renewal also includes continuing education. Permits a certificate holder to submit documentation of completion of 48 hours of continuing education or in-service training that may be obtained through in-person instruction, online instruction, or other distance learning formats approved by CDPH.
- Permits CDPH to deny an application for, or deny a training and examination application for, a CNA/HHA on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline if:
- The applicant has been convicted of a crime within the preceding seven years that is directly and adversely related to the qualifications, functions, or duties of a CNA/HHA, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a CAN/HHA and for which the applicant is presently incarcerated or was released from incarceration within the preceding seven years;
- The applicant was convicted of a serious felony, as specified, a sex crime for which registration is required, or a misdemeanor or felony involving financial abuse, as defined;
- The applicant has been subjected to formal discipline by CDPH or a licensing board within the preceding seven years based on professional misconduct, as specified, that is directly and adversely related to the qualifications, functions, or duties of a CNA/HHA, unless the basis for discipline was a conviction that has been dismissed; or
- The applicant was subjected to formal discipline by CDPH or a licensing board for conduct involving financial abuse, as defined, or conduct that would have constituted an act of sexual abuse, misconduct, relations with a patient, or sexual exploitation, as specified.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application 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, 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 CDPH.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application on the basis of any conviction, or on the basis of the acts underlying the conviction, that have been dismissed or expunged. Requires the applicant who has a conviction that has been dismissed to provide proof of that, if it is not reflected on the report furnished by the DOJ.
- Prohibits a person from being denied a CNA/HHA certificate or training and examination application 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, diversion, deferred entry of judgment, or a juvenile adjudication.
- Permits CDPH to deny a CNA/HHA certificate or training and examination application on the grounds that the applicant knowingly made a false statement of fact that is required to be revealed in the application. Prohibits CDPH from denying a CNA/HHA certificate or training and examination application based solely on an applicant’s failure to disclose a fact that would not have been cause for denial had it been disclosed.
- Requires CDPH to follow specified procedures in requesting or acting on an applicant’s criminal history information, as follows:
- Prohibits CDPH from requiring an applicant to disclose any information or documentation regarding the applicant’s criminal history prior to obtaining the person’s criminal offender record information search response information from the DOJ;
- Permits CDPH, after it has received the criminal offender record information, to request mitigating information from an applicant regarding their criminal history that is grounds for denial, for purposes of determining direct and adverse 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 will not be a factor in any decision to grant or deny a certificate for, or a training and examination application;
- Requires CDPH, if it decides to deny a training and examination application, to deny a certificate, or to revoke or suspend a certificate, to notify the applicant in writing, in addition to the reason for the determination and the right to appeal the determination (required under existing law):
- The procedure for the applicant to challenge the determination or to request reconsideration; and,
- The processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record.
- Deletes existing law that:
- Allows CDPH to deny, suspend, or revoke any license under the home health agency law due to violating applicable laws or regulations; aiding or permitting illegal acts, or misrepresenting a material fact in a license application.
- Permits the denial of a certification or training application, or the suspension or revocation of a certificate, based on a conviction for, or use of, controlled substances or alcoholic beverages, as specified.
- Requires a CNA/HHA, whose application was denied or certificate was suspended or revoked on the basis of a criminal conviction, provide the CDPH with a certified copy of the judgment of each conviction.
- Requires a CNA/HHA applicant, as part of the background clearance process, provide information as to whether they have any prior criminal convictions, any arrests within the past 12-month period, or any active arrests, and certify that, to the best of their knowledge, the information provided is true.
- Makes other technical, clarifying changes.
Background
According to the author of this bill:
This bill is a crucial step toward ensuring a fair opportunity for people with past records to pursue meaningful caregiving careers while also addressing California’s direct care workforce shortage. People living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed and care for their families. AB 2138 (Chiu, Chapter 995, Statutes of 2018) vastly improved the ability of people with a conviction history to navigate the occupational licensing process for a range of different boards and bureaus regulated by the Department of Consumer Affairs (DCA), which include registered and vocational nursing, physicians and surgeons, clinical social workers, counselors and many more. While these standards ensure a fair opportunity for people with records to obtain a range of DCA-regulated patient care licenses, people seeking certifications regulated by CDPH for similar roles, such as CNAs and HHAs, are not afforded the same protections. This bill would close this gap and ensure that people with records seeking these certifications, including entry into training programs, are afforded the same opportunity as those seeking similar DCA-regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
Direct care workers. HHAs and CNAs are categorized by the U.S. Bureau of Labor Statistics (BLS) as “direct care workers,” which include HHAs, CNAs, and personal care aides. In general, personal care aides provide custodial care, while HHAs and CNAs provide both custodial and limited skilled care. According to a January 2023 California Health Care Foundation (CHCF) Issue Brief, direct care workers are paid to provide essential, hands-on, daily, and long-term assistance to older adults and people with disabilities. They work in a range of settings (from private homes to community and congregate settings), assisting their clients to maximize their quality of life and supporting their clients’ ability to remain in their own homes or communities when possible. Many of California’s direct care workers come from historically marginalized backgrounds: 80% are women, almost half (47%) are immigrants, and over three-quarters are people of color. According to the BLS, California had 978,490 direct care workers in May of 2024, including 875,110 personal care aides and HHAs (counted as a single category), and 102,380 CNAs.
Training requirements and licensure. Applicants for both CNA and HHA certificates must be at least 16 years old and have completed a CDPH-approved training program. CDPH maintains a list of approved HHA and CNA training programs, which are offered through community colleges, private nursing schools and career colleges, public school districts, and health care facilities. Beyond completing the training program and passing the competency evaluation examination, applicants for CNA and HHA certificates must obtain criminal record clearance from CDPH’s Criminal Background Section. This process includes an applicant’s disclosure of their criminal history and the submission of fingerprints to the DOJ. The DOJ provides the applicant’s criminal records to CDPH, which reviews the information and examines supporting documentation from courts and law enforcement as necessary. Decisions are made on a case-by-case basis that consider the nature and severity of the crime, the amount of time since the most recent conviction, and any evidence of rehabilitation. CNA and HHA licenses must be renewed every two years and require disclosure of any criminal conviction or health-related licensing, certification, or disciplinary authority action.
Workforce shortages. According to the CHCF Issue Brief, over the next decade, demand for direct care workers will outpace supply in California. Growing demand is driven by an aging and increasingly diverse population, fewer working-aged adults and family caregivers to support this aging population, a growing desire to remain in home and community-based settings, and an increased need for complex care provided in facility-based long-term care settings. California’s Employment Development Department ranks HHAs and personal care aides as the fifth-fastest growing occupation from 2023 to 2033, projecting a 31% growth to 1.8 million positions in 2033. CNAs are also projected to grow by 8.4% to 150,000 positions in 2033. Despite the increased demand, the Public Policy Institute of California reports that projected direct care workforce shortages range from 600,000 to over three million workers over the next decade.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, CDPH estimates annual costs of $251,000 in fiscal years 2027-28 through 2029-30 for one full-time equivalent position to develop regulations and for Office of Regulations services costs (Licensing and Certification Program Fund). No costs to the Department of Justice.
SUPPORT: (Verified 8/28/26)
Californians for Safety and Justice (source)
All of Us or None
California Association of Health Facilities
California Primary Care Association Advocates
Center for Caregiver Advancement
Center for Employment Opportunities
Community Legal Services in East Palo Alto
Courage California
Felony Murder Elimination Project
GLIDE
Legal Services for Prisoners with Children
Rubicon Program
San Francisco Public Defender
Transitions Clinic Network
OPPOSITION: (Verified 8/28/26)
None received
ARGUMENTS IN SUPPORT: Californians for Safety and Justice, the sponsors of the bill, state that Californians living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed. The passage of AB 2138 improved the ability of those with a conviction history to navigate occupational licensing process for many boards within DCA but did not include CDPH-regulated CNA and HHA certification, professions that can provide a vital pathway to sustainable employment through accessible, short-term training programs. This bill would ensure that people with records seeking CNA or HHA certification are afforded the same opportunity as those in similar patient care professions, aligning the consideration of their past convictions to the same standards already approved by the legislature. These sentiments are echoed by organizing networks, social service providers, and criminal justice advocacy groups. The California Primary Care Association Advocates also share that community health centers often serve communities where individuals are seeking pathways to stable employment. By clarifying standards and due process protections in the CNA and HHA certification system, this bill will help community health centers recruit and retain critical staff to provide timely care, support aging populations, and address growing demand for home- and community-based services.
Prepared by: Natalie Gehred / HEALTH / (916) 651-4111
8/31/26 19:57:33
SENATE THIRD READING
STR Bill Id:SB 1057
Author:(Becker)
As Amended Ver:August 28, 2026
Majority vote
SUMMARY
Revises and recasts existing law governing the training and certification of certified nurse assistants (CNAs) and home health aides (HHAs) specific to the Department of Public Health's (DPH) denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal when an applicant has been convicted of a crime. Makes these provisions of law parallel for both professions. Authorizes an applicant or certificate holder whose application has been denied or certificate was suspended or revoked to provide DPH with evidence of good character and rehabilitation. Authorizes DPH to deny an application or deny a training and examination application if the applicant has been convicted of a crime within the preceding seven years that is directly and adversely related to the qualifications, functions, or duties of a CNA or HHA, or involves financial abuse. Clarifies that current CNA continuing education requirements or in-service hours may be provided through in-person instruction, synchronous online instruction, asynchronous online instruction, or other distance learning formats approved by DPH. Makes technical changes to ensure that this bill does not Chapter out provisions of SB 164 (Budget and Fiscal Review Committee) Chapter 27, Statutes of 2026.
Major Provisions
COMMENTS
According to a 2024 Public Policy Institute of California report (PPIC report), "California's Care Workforce: An Overview of Needs, Opportunities, and Challenges," California's care sector is at a critical juncture. The state recently developed a master plan to address the needs of its aging population. Successful implementation will involve meeting growing demand for care services, which in turn relies on the workers and businesses who provide essential, hands-on services to older adults, and people with disabilities. The PPIC report notes that demand for care services is growing, as California's population ages and people live longer. HHA and personal care aide jobs are among the fastest-growing in California, projected to increase 29% in 2030.
Direct care workers. HHAs and CNAs are categorized by the U.S. Bureau of Labor Statistics (BLS) as "direct care workers," which include HHAs, CNAs, and personal care aides. In general, personal care aides provide custodial care, while HHAs and CNAs provide both custodial and limited skilled care. According to a January 2023 California Health Care Foundation (CHCF) Issue Brief, direct care workers are paid to provide essential, hands-on, daily assistance to older adults and people with disabilities. They work in a range of settings (from private homes to community and congregate settings), assisting their clients to maximize their quality of life and to remain in their own homes or communities when possible. Many of California's direct care workers come from historically marginalized backgrounds: 80% are women, almost half (47%) are immigrants, and over three-quarters are people of color (38% Latino; 24% Asian, Native Hawaiian, and Pacific Islander; and 12% Black).
Workforce shortages. According to the CHCF Issue Brief, over the next decade, demand for direct care workers will outpace supply in California. Growing demand is driven by an aging and increasingly diverse population, fewer working-aged adults and family caregivers to support this aging population, a growing desire to remain in home and community-based settings, and an increased need for complex care provided in facility-based long-term care settings. California's Employment Development Department ranks HHAs and personal care aides as the fifth-fastest growing occupation from 2023 to 2033, projecting a 31% growth to 1.8 million positions in 2033. CNAs are also projected to grow by 8.4% to 150,000 positions in 2033. Despite the increased demand, the Public Policy Institute of California reports that projected direct care workforce shortages range from 600,000 to over three million workers over the next decade. Several factors constrain the supply of direct care workers. Direct care work is physically and emotionally demanding, yet wages remain low (around $5 to $10 below the state median of $27.38/hour), with 26% of workers earning under 150% of the federal poverty level and 40% qualifying for CalFresh. A high proportion of part-time positions also contributes to burnout and exhaustion, as some direct care workers take on multiple part-time jobs or take extra shifts at night or on weekends.
Continuing education. CNAs are required to complete 48 hours of in-service training or continuing education every two years, 24 of which must be through in-person instruction. California currently prohibits CNAs from completing continuing education units through live online instruction (such as Zoom). This restriction creates unnecessary barriers for CNAs in rural areas, those individuals working non-traditional schedules, and workers with family caregiving responsibilities. These barriers disproportionately affect women of color and immigrant workers who make up the majority of California's 60,000 CNAs working in skilled nursing facilities.
According to the Author
This bill is a crucial step toward ensuring a fair opportunity for people with past records to pursue meaningful caregiving careers while also addressing California's direct care workforce shortage. People living with past convictions face lasting barriers to sustainable work, safe housing, education, and other opportunities to succeed and care for their families. The author states that AB 2138 (Chiu and Low) Chapter 995, Statutes of 2018 vastly improved the ability of people with a conviction history to navigate the occupational licensing process for a range of different boards and bureaus regulated by the Department of Consumer Affairs (DCA), which include registered and vocational nursing, physicians and surgeons, clinical social workers and counselors, and many more. While these standards ensure a fair opportunity for people with records to obtain a range of DCA regulated patient care licenses, people seeking certifications regulated by DPH for similar roles, such as CNAs and HHAs, are not afforded the same protections. The author concludes that this bill would close this gap and ensure that people with records seeking these certifications, including entry into training programs, are afforded the same opportunity as those seeking similar DCA regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
Arguments in Support
Californians for Safety and Justice (CSJ) is the sponsor of this bill and states that Californians living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed. CSJ notes that AB 2138 vastly improved the ability of people with a conviction history to navigate the occupational licensing process for over 40 different boards and bureaus regulated by DCA, which include registered and vocational nursing, physicians and surgeons, clinical social workers and counselors and many more. The standards enacted by AB 2138 ensure that a person cannot be denied a covered license based on a prior conviction unless certain criteria are met, including:
- Boards are prohibited from denying a license based on a conviction if 7 years have passed since the conviction or the person was released from incarceration. This does not apply to a serious felony, registerable sex offense, or financial felony in some cases;
- Boards cannot deny a license based on a conviction if the person has obtained an expungement or certificate of rehabilitation, been granted clemency or a pardon, or has demonstrated a showing of that specific board's established criteria for rehabilitation; and,
- A board cannot deny a license based on a conviction, regardless of when it occurred, unless the offense is substantially related to the qualifications and duties of the job they are seeking.
While these standards ensure a fair opportunity for people with records to obtain a range of DCA regulated patient care licenses, people seeking DPH regulated certifications for similar roles, such as CNAs and HHSs, are not afforded the same protections. CSJ argues that these professions often provide a vital pathway to sustainable employment through accessible, short-term training programs, and can serve as a steppingstone to other patient care career opportunities, such as registered and vocational nursing, which are already covered under existing protections. CSJ states that this bill would apply the licensing standards established by AB 2138 to DPH regulated professions, including CNAs and HHAs. CSJ concludes that this bill would ensure that people with records seeking these certifications are afforded the same opportunity as those seeking similar DCA regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, DPH estimates annual costs of $251,000 in fiscal years 2027-28 through 2029-30 for one full-time equivalent position to develop regulations and for Office of Regulations services costs (Licensing and Certification Program Fund). No costs to the Department of Justice.
VOTES
SENATE FLOOR: 29-8-3
YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Umberg, Wahab, Weber Pierson, Wiener
NO: Alvarado-Gil, Choi, Grove, Jones, Ochoa Bogh, Seyarto, Strickland, Valladares
ABS, ABST OR NV: Dahle, Gonzalez, Niello
ASM HEALTH: 12-3-1
YES: Bonta, Addis, Aguiar-Curry, Ahrens, Caloza, Carrillo, Mark González, Patel, Celeste Rodriguez, Schiavo, Sharp-Collins, Stefani
NO: Sanchez, Jeff Gonzalez, Patterson
ABS, ABST OR NV: Johnson
ASM APPROPRIATIONS: 11-3-1
YES: Wicks, Arambula, Calderon, Caloza, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache
NO: Hoover, Ta, Tangipa
ABS, ABST OR NV: Dixon
ASSEMBLY FLOOR: 52-17-10
YES: Addis, Aguiar-Curry, Ahrens, Alvarez, Arambula, Ávila Farías, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Elhawary, Fong, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, Muratsuchi, Nguyen, Ortega, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Celeste Rodriguez, Rogers, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Valencia, Ward, Wicks, Wilson, Zbur, Rivas
NO: Alanis, Castillo, Chen, Davies, DeMaio, Dixon, Ellis, Jeff Gonzalez, Hadwick, Hoover, Johnson, Lackey, Macedo, Patterson, Ta, Tangipa, Wallis
ABS, ABST OR NV: Bains, Bauer-Kahan, Flora, Gabriel, McKinnor, Pacheco, Ramos, Michelle Rodriguez, Blanca Rubio, Sanchez
UPDATED
VERSION: August 28, 2026
CONSULTANT: Lara Flynn / HEALTH / (916) 319-2097 FN: 0004427
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 1057 |
UNFINISHED BUSINESS
Bill No: SB 1057
Author: Becker (D)
Amended: 8/21/26
Vote: 21
SENATE HEALTH COMMITTEE: 9-2, 4/8/26
AYES: Weber Pierson, Caballero, Durazo, Gonzalez, Menjivar, Padilla, Pérez, Rubio, Smallwood-Cuevas
NOES: Valladares, Grove
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/14/26
AYES: Cervantes, Cabaldon, Grayson, Richardson, Wahab
NOES: Seyarto, Dahle
SENATE FLOOR: 29-8, 5/26/26
AYES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Umberg, Wahab, Weber Pierson, Wiener
NOES: Alvarado-Gil, Choi, Grove, Jones, Ochoa Bogh, Seyarto, Strickland, Valladares
NO VOTE RECORDED: Dahle, Gonzalez, Niello
ASSEMBLY FLOOR: 52-17, 8/25/26 - See last page for vote
SUBJECT: Licensing: certified nurse assistants and home health aides
SOURCE: Californians for Safety and Justice
DIGEST:
This bill revises and recasts a portion of existing law governing the training and certification of certified nurse assistants and home health aides, specifically provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Aligns these provisions of law for both professions with each other.
Assembly Amendments:
- Clarify that an application may be denied if the applicant is presently incarcerated for, or was released from incarceration within the preceding seven years for, a crime directly or adversely related to the qualifications, functions, or duties of the role.
- Expand the grounds for denial to include convictions or formal discipline for conduct involving financial abuse.
- Allow the 48 hours of continuing education or in-service training documentation required for the renewal of a certified nurse assistant (CNA) license to be obtained through in-person instruction, online instruction, or other distance learning formats approved by the California Department of Public Health (CDPH).
ANALYSIS:
Existing law:
- Provides for the certification of CNAs and home health aides (HHAs) by CDPH and establishes minimum qualifications and training requirements for CNAs and HHAs, including criminal record clearances. [Health and Safety Code (HSC) §1337.2 and §1736.1]
- Requires a criminal record clearance to be conducted for all CNAs and HHAs by the submission of fingerprint images and related information to CDPH for processing at the Department of Justice (DOJ). Requires CDPH to issue an All Facilities Letter (AFL) when it receives 95% of total responses indicating no evidence of recorded criminal information from the DOJ and has processed 95% total responses requiring disqualification, no later than 45 days after the date that the report is received from the DOJ. [HSC §1338.5(a)(1)(A) and §1736.6(a)(1)]
- Prohibits facilities, after the AFL is issued, from allowing trainees or newly hired CNA/HHAs to have direct contact with clients or residents prior to completion of the criminal record clearance. Makes a criminal record clearance complete when CDPH has obtained the person’s criminal offender record information from the DOJ and has determined that the person is not disqualified from engaging in the activity for which clearance is required. [HSC §1338.5(a)(1)(B) and §1736.6(a)(2)]
- Permits CDPH to deny an application for, initiate an action to suspend or revoke a certificate for, or deny a training and examination application for, a CNA/HHA for:
- Unprofessional conduct, as specified;
- Conviction of a crime substantially related to the qualifications, functions, and duties of a CNA/HHA if the state department determines that the applicant or certificate holder has not adequately demonstrated that they have been rehabilitated;
- Conviction for, or use of, any controlled substance, dangerous drug, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the CNA/HHA, any other person, or the public, to the extent that this use would impair the ability to conduct, with safety to the public, the practice authorized by a certificate;
- Procuring a certificate by fraud or misrepresentation or mistake;
- Making or giving any false statement or information in conjunction with the application for issuance of a certificate or training and examination application;
- Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate;
- Impersonating another CNA/HHA, 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; or
- Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to violate any provision or term of, existing law related to certification. [HSC §1337.9(b) and §1736.5(c)]
- Requires CDPH to take specified factors as evidence of good character and rehabilitation in determining whether or not to deny a CNA/HHA application for licensure or renewal. [HSC §1337.9(c) and §1736.5(c)(2)]
- Allows CDPH to deny, suspend, or revoke any license under the home health agency law due to: violating applicable laws or regulations; aiding or permitting illegal acts; making a material misrepresentation in a license application; prior termination from the Medicare or Medi-Cal program due to noncompliance or license suspension or revocation; being on the U.S. Department of Health and Human Services Office of Inspector General’s List of Excluded Individuals or Entities; owning, operating, or managing a home health agency that demonstrates a pattern of violations of state or federal standards in the past three years; failure by management personnel to cooperate in investigations or inspections; or failure by a home health agency to report a change in owner, management personnel, service area, or location. [HSC §1735]
This bill:
- Revises and recasts a portion of existing law governing the training and certification of CNAs and HHAs, including provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Aligns the two training and certification statutes with each other.
- Deletes the requirement that 24 of the 48 hours of in-service training required for CNA license renewal be completed in-person. Clarifies that the in-service training required for CNA license renewal also includes continuing education. Permits a certificate holder to submit documentation of completion of 48 hours of continuing education or in-service training that may be obtained through in-person instruction, online instruction, or other distance learning formats approved by CDPH.
- Permits CDPH to deny an application for, or deny a training and examination application for, a CNA/HHA on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline if:
- The applicant has been convicted of a crime within the preceding seven years that is directly and adversely related to the qualifications, functions, or duties of a CNA/HHA, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a CAN/HHA and for which the applicant is presently incarcerated or was released from incarceration within the preceding seven years;
- The applicant was convicted of a serious felony, as specified, a sex crime for which registration is required, or a misdemeanor or felony involving financial abuse, as defined;
- The applicant has been subjected to formal discipline by CDPH or a licensing board within the preceding seven years based on professional misconduct, as specified, that is directly and adversely related to the qualifications, functions, or duties of a CNA/HHA, unless the basis for discipline was a conviction that has been dismissed; or
- The applicant was subjected to formal discipline by CDPH or a licensing board for conduct involving financial abuse, as defined, or conduct that would have constituted an act of sexual abuse, misconduct, relations with a patient, or sexual exploitation, as specified.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application 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, 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 CDPH.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application on the basis of any conviction, or on the basis of the acts underlying the conviction, that have been dismissed or expunged. Requires the applicant who has a conviction that has been dismissed to provide proof of that, if it is not reflected on the report furnished by the DOJ.
- Prohibits a person from being denied a CNA/HHA certificate or training and examination application 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, diversion, deferred entry of judgment, or a juvenile adjudication.
- Permits CDPH to deny a CNA/HHA certificate or training and examination application on the grounds that the applicant knowingly made a false statement of fact that is required to be revealed in the application. Prohibits CDPH from denying a CNA/HHA certificate or training and examination application based solely on an applicant’s failure to disclose a fact that would not have been cause for denial had it been disclosed.
- Requires CDPH to follow specified procedures in requesting or acting on an applicant’s criminal history information, as follows:
- Prohibits CDPH from requiring an applicant to disclose any information or documentation regarding the applicant’s criminal history prior to obtaining the person’s criminal offender record information search response information from the DOJ;
- Permits CDPH, after it has received the criminal offender record information, to request mitigating information from an applicant regarding their criminal history that is grounds for denial, for purposes of determining direct and adverse 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 will not be a factor in any decision to grant or deny a certificate for, or a training and examination application;
- Requires CDPH, if it decides to deny a training and examination application, to deny a certificate, or to revoke or suspend a certificate, to notify the applicant in writing, in addition to the reason for the determination and the right to appeal the determination (required under existing law):
- The procedure for the applicant to challenge the determination or to request reconsideration; and,
- The processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record.
- Deletes existing law that:
- Allows CDPH to deny, suspend, or revoke any license under the home health agency law due to specified violations.
- Permits the denial of a certification or training application, or the suspension or revocation of a certificate, based on a conviction for, or use of, controlled substances or alcoholic beverages, as specified.
- Requires a CNA/HHA, whose application was denied or certificate was suspended or revoked on the basis of a criminal conviction, provide the CDPH with a certified copy of the judgment of each conviction.
- Requires a CNA/HHA applicant, as part of the background clearance process, provide information as to whether they have any prior criminal convictions, any arrests within the past 12-month period, or any active arrests, and certify that, to the best of their knowledge, the information provided is true.
- Makes other technical, clarifying changes.
Background
According to the author of this bill:
This bill is a crucial step toward ensuring a fair opportunity for people with past records to pursue meaningful caregiving careers while also addressing California’s direct care workforce shortage. People living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed and care for their families. AB 2138 (Chiu, Chapter 995, Statutes of 2018) vastly improved the ability of people with a conviction history to navigate the occupational licensing process for a range of different boards and bureaus regulated by the Department of Consumer Affairs (DCA), which include registered and vocational nursing, physicians and surgeons, clinical social workers, counselors and many more. While these standards ensure a fair opportunity for people with records to obtain a range of DCA-regulated patient care licenses, people seeking certifications regulated by CDPH for similar roles, such as CNAs and HHAs, are not afforded the same protections. This bill would close this gap and ensure that people with records seeking these certifications, including entry into training programs, are afforded the same opportunity as those seeking similar DCA-regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
Direct care workers. HHAs and CNAs are categorized by the U.S. Bureau of Labor Statistics (BLS) as “direct care workers,” which include HHAs, CNAs, and personal care aides. In general, personal care aides provide custodial care, while HHAs and CNAs provide both custodial and limited skilled care. According to a January 2023 California Health Care Foundation (CHCF) Issue Brief, direct care workers are paid to provide essential, hands-on, daily, and long-term assistance to older adults and people with disabilities. They work in a range of settings (from private homes to community and congregate settings), assisting their clients to maximize their quality of life and supporting their clients’ ability to remain in their own homes or communities when possible. Many of California’s direct care workers come from historically marginalized backgrounds: 80% are women, almost half (47%) are immigrants, and over three-quarters are people of color. According to the BLS, California had 978,490 direct care workers in May of 2024, including 875,110 personal care aides and HHAs (counted as a single category), and 102,380 CNAs.
Training requirements and licensure. Applicants for both CNA and HHA certificates must be at least 16 years old and have completed a CDPH-approved training program. CDPH maintains a list of approved HHA and CNA training programs, which are offered through community colleges, private nursing schools and career colleges, public school districts, and health care facilities. Beyond completing the training program and passing the competency evaluation examination, applicants for CNA and HHA certificates must obtain criminal record clearance from CDPH’s Criminal Background Section. This process includes an applicant’s disclosure of their criminal history and the submission of fingerprints to the DOJ. The DOJ provides the applicant’s criminal records to CDPH, which reviews the information and examines supporting documentation from courts and law enforcement as necessary. Decisions are made on a case-by-case basis that consider the nature and severity of the crime, the amount of time since the most recent conviction, and any evidence of rehabilitation. CNA and HHA licenses must be renewed every two years and require disclosure of any criminal conviction or health-related licensing, certification, or disciplinary authority action.
Workforce shortages. According to the CHCF Issue Brief, over the next decade, demand for direct care workers will outpace supply in California. Growing demand is driven by an aging and increasingly diverse population, fewer working-aged adults and family caregivers to support this aging population, a growing desire to remain in home and community-based settings, and an increased need for complex care provided in facility-based long-term care settings. California’s Employment Development Department ranks HHAs and personal care aides as the fifth-fastest growing occupation from 2023 to 2033, projecting a 31% growth to 1.8 million positions in 2033. CNAs are also projected to grow by 8.4% to 150,000 positions in 2033. Despite the increased demand, the Public Policy Institute of California reports that projected direct care workforce shortages range from 600,000 to over three million workers over the next decade.
SB 164 (Committee on Budget and Fiscal Review, Chapter 27, Statutes of 2026). The 2026 health budget trailer bill imposes a moratorium on the licensure of new home health agencies until 90 days following the effective date of revised regulations. It also allows CDPH to deny an application for, or suspend or revoke, a license under the home health agency law the following grounds: (1) a home health agency is owned, operated, or managed by an applicant or licensee terminated from the Medicare or Medi-Cal program due to noncompliance, or whose license was suspended or revoked; (2) the applicant or licensee owns, operates, or manages a home health agency that demonstrates a pattern of violations of state or federal standards in the past three years; (3) the applicant or licensee is listed on the U.S. Department of Health and Human Services Office of Inspector General’s List of Excluded Individuals/Entities; (4) agency management refuses to cooperate with an investigation or inspection; or (5) the agency fails to report a change in ownership, management personnel, service area, or location. This bill repeals this section.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, CDPH estimates annual costs of $251,000 in fiscal years 2027-28 through 2029-30 for one full-time equivalent position to develop regulations and for Office of Regulations services costs (Licensing and Certification Program Fund). No costs to the Department of Justice.
SUPPORT: (Verified 8/25/26)
Californians for Safety and Justice (source)
All of Us or None
California Association of Health Facilities
California Primary Care Association Advocates
Center for Caregiver Advancement
Center for Employment Opportunities
Community Legal Services in East Palo Alto
Courage California
Felony Murder Elimination Project
GLIDE
Legal Services for Prisoners with Children
Rubicon Program
San Francisco Public Defender
Transitions Clinic Network
OPPOSITION: (Verified 8/25/26)
None received
ARGUMENTS IN SUPPORT: Californians for Safety and Justice, the sponsors of the bill, state that Californians living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed. The passage of AB 2138 improved the ability of those with a conviction history to navigate occupational licensing process for many boards within DCA but did not include CDPH-regulated CNA and HHA certification, professions that can provide a vital pathway to sustainable employment through accessible, short-term training programs. This bill would ensure that people with records seeking CNA or HHA certification are afforded the same opportunity as those in similar patient care professions, aligning the consideration of their past convictions to the same standards already approved by the legislature. These sentiments are echoed by organizing networks, social service providers, and criminal justice advocacy groups. The California Primary Care Association Advocates also share that community health centers often serve communities where individuals are seeking pathways to stable employment. By clarifying standards and due process protections in the CNA and HHA certification system, this bill will help community health centers recruit and retain critical staff to provide timely care, support aging populations, and address growing demand for home- and community-based services.
ASSEMBLY FLOOR: 52-17, 8/25/26
Ayes: Addis, Aguiar-Curry, Ahrens, Alvarez, Arambula, Ávila Farías, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Elhawary, Fong, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, Muratsuchi, Nguyen, Ortega, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Celeste Rodriguez, Rogers, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Valencia, Ward, Wicks, Wilson, Zbur, Rivas
Noes: Alanis, Castillo, Chen, Davies, DeMaio, Dixon, Ellis, Jeff Gonzalez, Hadwick, Hoover, Johnson, Lackey, Macedo, Patterson, Ta, Tangipa, Wallis
No Vote Recorded: Bains, Bauer-Kahan, Flora, Gabriel, McKinnor, Pacheco, Ramos, Michelle Rodriguez, Blanca Rubio, Sanchez
Prepared by: Natalie Gehred / HEALTH / (916) 651-4111
8/26/26 9:08:56
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 1057 |
UNFINISHED BUSINESS
Bill No: SB 1057
Author: Becker (D)
Amended: 8/21/26
Vote: 21
SENATE HEALTH COMMITTEE: 9-2, 4/8/26
AYES: Weber Pierson, Caballero, Durazo, Gonzalez, Menjivar, Padilla, Pérez, Rubio, Smallwood-Cuevas
NOES: Valladares, Grove
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/14/26
AYES: Cervantes, Cabaldon, Grayson, Richardson, Wahab
NOES: Seyarto, Dahle
SENATE FLOOR: 29-8, 5/26/26
AYES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Umberg, Wahab, Weber Pierson, Wiener
NOES: Alvarado-Gil, Choi, Grove, Jones, Ochoa Bogh, Seyarto, Strickland, Valladares
NO VOTE RECORDED: Dahle, Gonzalez, Niello
ASSEMBLY FLOOR: 52-17, 8/25/26 - See last page for vote
SUBJECT: Licensing: certified nurse assistants and home health aides
SOURCE: Californians for Safety and Justice
DIGEST:
This bill revises and recasts a portion of existing law governing the training and certification of certified nurse assistants and home health aides, specifically provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Aligns these provisions of law for both professions with each other.
Assembly Amendments:
- Clarify that an application may be denied if the applicant is presently incarcerated for, or was released from incarceration within the preceding seven years for, a crime directly or adversely related to the qualifications, functions, or duties of the role.
- Expand the grounds for denial to include convictions or formal discipline for conduct involving financial abuse.
- Allow the 48 hours of continuing education or in-service training documentation required for the renewal of a certified nurse assistant (CNA) license to be obtained through in-person instruction, online instruction, or other distance learning formats approved by the California Department of Public Health (CDPH).
ANALYSIS:
Existing law:
- Provides for the certification of CNAs and home health aides (HHAs) by CDPH and establishes minimum qualifications and training requirements for CNAs and HHAs, including criminal record clearances. [Health and Safety Code (HSC) §1337.2 and §1736.1]
- Requires a criminal record clearance to be conducted for all CNAs and HHAs by the submission of fingerprint images and related information to CDPH for processing at the Department of Justice (DOJ). Requires CDPH to issue an All Facilities Letter (AFL) when it receives 95% of total responses indicating no evidence of recorded criminal information from the DOJ and has processed 95% total responses requiring disqualification, no later than 45 days after the date that the report is received from the DOJ. [HSC §1338.5(a)(1)(A) and §1736.6(a)(1)]
- Prohibits facilities, after the AFL is issued, from allowing trainees or newly hired CNA/HHAs to have direct contact with clients or residents prior to completion of the criminal record clearance. Makes a criminal record clearance complete when CDPH has obtained the person’s criminal offender record information from the DOJ and has determined that the person is not disqualified from engaging in the activity for which clearance is required. [HSC §1338.5(a)(1)(B) and §1736.6(a)(2)]
- Permits CDPH to deny an application for, initiate an action to suspend or revoke a certificate for, or deny a training and examination application for, a CNA/HHA for:
- Unprofessional conduct, as specified;
- Conviction of a crime substantially related to the qualifications, functions, and duties of a CNA/HHA if the state department determines that the applicant or certificate holder has not adequately demonstrated that they have been rehabilitated;
- Conviction for, or use of, any controlled substance, dangerous drug, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the CNA/HHA, any other person, or the public, to the extent that this use would impair the ability to conduct, with safety to the public, the practice authorized by a certificate;
- Procuring a certificate by fraud or misrepresentation or mistake;
- Making or giving any false statement or information in conjunction with the application for issuance of a certificate or training and examination application;
- Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate;
- Impersonating another CNA/HHA, 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; or
- Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to violate any provision or term of, existing law related to certification. [HSC §1337.9(b) and §1736.5(c)]
- Requires CDPH to take specified factors as evidence of good character and rehabilitation in determining whether or not to deny a CNA/HHA application for licensure or renewal. [HSC §1337.9(c) and §1736.5(c)(2)]
- Allows CDPH to deny, suspend, or revoke any license under the home health agency law due to violating applicable laws or regulations; aiding or permitting illegal acts; making a material misrepresentation in a license application; prior termination from the Medicare or Medi-Cal program due to noncompliance or license suspension or revocation; being on the U.S. Department of Health and Human Services Office of Inspector General’s List of Excluded Individuals or Entities; failure by management personnel to cooperate in investigations or inspections; or failure by a home health agency to report a change in owner, management personnel, service area, or location. [HSC §1735]
This bill:
- Revises and recasts a portion of existing law governing the training and certification of CNAs and HHAs, including provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Aligns the two training and certification statutes with each other.
- Deletes the requirement that 24 of the 48 hours of in-service training required for CNA license renewal be completed in-person. Clarifies that the in-service training required for CNA license renewal also includes continuing education. Permits a certificate holder to submit documentation of completion of 48 hours of continuing education or in-service training that may be obtained through in-person instruction, online instruction, or other distance learning formats approved by CDPH.
- Permits CDPH to deny an application for, or deny a training and examination application for, a CNA/HHA on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline if:
- The applicant has been convicted of a crime within the preceding seven years that is directly and adversely related to the qualifications, functions, or duties of a CNA/HHA, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a CAN/HHA and for which the applicant is presently incarcerated or was released from incarceration within the preceding seven years;
- The applicant was convicted of a serious felony, as specified, a sex crime for which registration is required, or a misdemeanor or felony involving financial abuse, as defined;
- The applicant has been subjected to formal discipline by CDPH or a licensing board within the preceding seven years based on professional misconduct, as specified, that is directly and adversely related to the qualifications, functions, or duties of a CNA/HHA, unless the basis for discipline was a conviction that has been dismissed; or
- The applicant was subjected to formal discipline by CDPH or a licensing board for conduct involving financial abuse, as defined, or conduct that would have constituted an act of sexual abuse, misconduct, relations with a patient, or sexual exploitation, as specified.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application 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, 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 CDPH.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application on the basis of any conviction, or on the basis of the acts underlying the conviction, that have been dismissed or expunged. Requires the applicant who has a conviction that has been dismissed to provide proof of that, if it is not reflected on the report furnished by the DOJ.
- Prohibits a person from being denied a CNA/HHA certificate or training and examination application 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, diversion, deferred entry of judgment, or a juvenile adjudication.
- Permits CDPH to deny a CNA/HHA certificate or training and examination application on the grounds that the applicant knowingly made a false statement of fact that is required to be revealed in the application. Prohibits CDPH from denying a CNA/HHA certificate or training and examination application based solely on an applicant’s failure to disclose a fact that would not have been cause for denial had it been disclosed.
- Requires CDPH to follow specified procedures in requesting or acting on an applicant’s criminal history information, as follows:
- Prohibits CDPH from requiring an applicant to disclose any information or documentation regarding the applicant’s criminal history prior to obtaining the person’s criminal offender record information search response information from the DOJ;
- Permits CDPH, after it has received the criminal offender record information, to request mitigating information from an applicant regarding their criminal history that is grounds for denial, for purposes of determining direct and adverse 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 will not be a factor in any decision to grant or deny a certificate for, or a training and examination application;
- Requires CDPH, if it decides to deny a training and examination application, to deny a certificate, or to revoke or suspend a certificate, to notify the applicant in writing, in addition to the reason for the determination and the right to appeal the determination (required under existing law):
- The procedure for the applicant to challenge the determination or to request reconsideration; and,
- The processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record.
- Deletes existing law that:
- Allows CDPH to deny, suspend, or revoke any license under the home health agency law due to specified violations.
- Permits the denial of a certification or training application, or the suspension or revocation of a certificate, based on a conviction for, or use of, controlled substances or alcoholic beverages, as specified.
- Requires a CNA/HHA, whose application was denied or certificate was suspended or revoked on the basis of a criminal conviction, provide the CDPH with a certified copy of the judgment of each conviction.
- Requires a CNA/HHA applicant, as part of the background clearance process, provide information as to whether they have any prior criminal convictions, any arrests within the past 12-month period, or any active arrests, and certify that, to the best of their knowledge, the information provided is true.
- Makes other technical, clarifying changes.
Background
According to the author of this bill:
This bill is a crucial step toward ensuring a fair opportunity for people with past records to pursue meaningful caregiving careers while also addressing California’s direct care workforce shortage. People living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed and care for their families. AB 2138 (Chiu, Chapter 995, Statutes of 2018) vastly improved the ability of people with a conviction history to navigate the occupational licensing process for a range of different boards and bureaus regulated by the Department of Consumer Affairs (DCA), which include registered and vocational nursing, physicians and surgeons, clinical social workers, counselors and many more. While these standards ensure a fair opportunity for people with records to obtain a range of DCA-regulated patient care licenses, people seeking certifications regulated by CDPH for similar roles, such as CNAs and HHAs, are not afforded the same protections. This bill would close this gap and ensure that people with records seeking these certifications, including entry into training programs, are afforded the same opportunity as those seeking similar DCA-regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
Direct care workers. HHAs and CNAs are categorized by the U.S. Bureau of Labor Statistics (BLS) as “direct care workers,” which include HHAs, CNAs, and personal care aides. In general, personal care aides provide custodial care, while HHAs and CNAs provide both custodial and limited skilled care. According to a January 2023 California Health Care Foundation (CHCF) Issue Brief, direct care workers are paid to provide essential, hands-on, daily, and long-term assistance to older adults and people with disabilities. They work in a range of settings (from private homes to community and congregate settings), assisting their clients to maximize their quality of life and supporting their clients’ ability to remain in their own homes or communities when possible. Many of California’s direct care workers come from historically marginalized backgrounds: 80% are women, almost half (47%) are immigrants, and over three-quarters are people of color. According to the BLS, California had 978,490 direct care workers in May of 2024, including 875,110 personal care aides and HHAs (counted as a single category), and 102,380 CNAs.
Training requirements and licensure. Applicants for both CNA and HHA certificates must be at least 16 years old and have completed a CDPH-approved training program. CDPH maintains a list of approved HHA and CNA training programs, which are offered through community colleges, private nursing schools and career colleges, public school districts, and health care facilities. Beyond completing the training program and passing the competency evaluation examination, applicants for CNA and HHA certificates must obtain criminal record clearance from CDPH’s Criminal Background Section. This process includes an applicant’s disclosure of their criminal history and the submission of fingerprints to the DOJ. The DOJ provides the applicant’s criminal records to CDPH, which reviews the information and examines supporting documentation from courts and law enforcement as necessary. Decisions are made on a case-by-case basis that consider the nature and severity of the crime, the amount of time since the most recent conviction, and any evidence of rehabilitation. CNA and HHA licenses must be renewed every two years and require disclosure of any criminal conviction or health-related licensing, certification, or disciplinary authority action.
Workforce shortages. According to the CHCF Issue Brief, over the next decade, demand for direct care workers will outpace supply in California. Growing demand is driven by an aging and increasingly diverse population, fewer working-aged adults and family caregivers to support this aging population, a growing desire to remain in home and community-based settings, and an increased need for complex care provided in facility-based long-term care settings. California’s Employment Development Department ranks HHAs and personal care aides as the fifth-fastest growing occupation from 2023 to 2033, projecting a 31% growth to 1.8 million positions in 2033. CNAs are also projected to grow by 8.4% to 150,000 positions in 2033. Despite the increased demand, the Public Policy Institute of California reports that projected direct care workforce shortages range from 600,000 to over three million workers over the next decade. Several factors constrain the supply of direct care workers. Direct care work is physically and emotionally demanding, yet wages remain low (around $5 to $10 below the state median of $27.38/hour), with 26% of workers earning under 150% of the federal poverty level and 40% qualifying for CalFresh. A high proportion of part-time positions also contributes to burnout and exhaustion, as some direct care workers take on multiple part-time jobs or take extra shifts at night or on weekends.
SB 164 (Committee on Budget and Fiscal Review, Chapter 27, Statutes of 2026). The 2026 health budget trailer bill imposes a moratorium on the licensure of new home health agencies until 90 days following the effective date of revised regulations, and imposes other requirements on such agencies. Specifically, it allows CDPH to deny an application for, or suspend or revoke, a license under the home health agency law the following grounds: (1) a home health agency is owned, operated, or managed by an applicant or licensee terminated from the Medicare or Medi-Cal program due to noncompliance, or whose license was suspended or revoked; (2) the applicant or licensee is listed on the U.S. Department of Health and Human Services Office of Inspector General’s List of Excluded Individuals/Entities; (3) agency management refuses to cooperate with an investigation or inspection; or (4) the agency fails to report a change in ownership, management personnel, service area, or location. This bill repeals this section.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, CDPH estimates annual costs of $251,000 in fiscal years 2027-28 through 2029-30 for one full-time equivalent position to develop regulations and for Office of Regulations services costs (Licensing and Certification Program Fund). No costs to the Department of Justice.
SUPPORT: (Verified 8/25/26)
Californians for Safety and Justice (source)
All of Us or None
California Association of Health Facilities
California Primary Care Association Advocates
Center for Caregiver Advancement
Center for Employment Opportunities
Community Legal Services in East Palo Alto
Courage California
Felony Murder Elimination Project
GLIDE
Legal Services for Prisoners with Children
Rubicon Program
San Francisco Public Defender
Transitions Clinic Network
OPPOSITION: (Verified 8/25/26)
None received
ARGUMENTS IN SUPPORT: Californians for Safety and Justice, the sponsors of the bill, state that Californians living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed. The passage of AB 2138 improved the ability of those with a conviction history to navigate occupational licensing process for many boards within DCA but did not include CDPH-regulated CNA and HHA certification, professions that can provide a vital pathway to sustainable employment through accessible, short-term training programs. This bill would ensure that people with records seeking CNA or HHA certification are afforded the same opportunity as those in similar patient care professions, aligning the consideration of their past convictions to the same standards already approved by the legislature. These sentiments are echoed by organizing networks, social service providers, and criminal justice advocacy groups. The California Primary Care Association Advocates also share that community health centers often serve communities where individuals are seeking pathways to stable employment. By clarifying standards and due process protections in the CNA and HHA certification system, this bill will help community health centers recruit and retain critical staff to provide timely care, support aging populations, and address growing demand for home- and community-based services.
ASSEMBLY FLOOR: 52-17, 8/25/26
Ayes: Addis, Aguiar-Curry, Ahrens, Alvarez, Arambula, Ávila Farías, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Elhawary, Fong, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, Muratsuchi, Nguyen, Ortega, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Celeste Rodriguez, Rogers, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Valencia, Ward, Wicks, Wilson, Zbur, Rivas
Noes: Alanis, Castillo, Chen, Davies, DeMaio, Dixon, Ellis, Jeff Gonzalez, Hadwick, Hoover, Johnson, Lackey, Macedo, Patterson, Ta, Tangipa, Wallis
No Vote Recorded: Bains, Bauer-Kahan, Flora, Gabriel, McKinnor, Pacheco, Ramos, Michelle Rodriguez, Blanca Rubio, Sanchez
Prepared by: Natalie Gehred / HEALTH / (916) 651-4111
8/25/26 20:26:54
SENATE THIRD READING
STR Bill Id:SB 1057
Author:(Becker)
As Amended Ver:August 21, 2026
Majority vote
SUMMARY
Revises and recasts existing law governing the training and certification of certified nurse assistants (CNAs) and home health aides (HHAs) specific to the Department of Public Health's (DPH) denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal when an applicant has been convicted of a crime. Makes these provisions of law parallel for both professions. Authorizes an applicant or certificate holder whose application has been denied or certificate was suspended or revoked to provide DPH with evidence of good character and rehabilitation. Authorizes DPH to deny an application or deny a training and examination application if the applicant has been convicted of a crime within the preceding seven years that is directly and adversely related to the qualifications, functions, or duties of a CNA or HHA, or involves financial abuse. Clarifies that current CNA continuing education requirements or in-service hours may be provided through in-person instruction, synchronous online instruction, asynchronous online instruction, or other distance learning formats approved by DPH.
Major Provisions
COMMENTS
According to a 2024 Public Policy Institute of California report (PPIC report), "California's Care Workforce: An Overview of Needs, Opportunities, and Challenges," California's care sector is at a critical juncture. The state recently developed a master plan to address the needs of its aging population. Successful implementation will involve meeting growing demand for care services, which in turn relies on the workers and businesses who provide essential, hands-on services to older adults, and people with disabilities. The PPIC report notes that demand for care services is growing, as California's population ages and people live longer. HHA and personal care aide jobs are among the fastest-growing in California, projected to increase 29% in 2030.
Direct care workers. HHAs and CNAs are categorized by the U.S. Bureau of Labor Statistics (BLS) as "direct care workers," which include HHAs, CNAs, and personal care aides. In general, personal care aides provide custodial care, while HHAs and CNAs provide both custodial and limited skilled care. According to a January 2023 California Health Care Foundation (CHCF) Issue Brief, direct care workers are paid to provide essential, hands-on, daily assistance to older adults and people with disabilities. They work in a range of settings (from private homes to community and congregate settings), assisting their clients to maximize their quality of life and to remain in their own homes or communities when possible. Many of California's direct care workers come from historically marginalized backgrounds: 80% are women, almost half (47%) are immigrants, and over three-quarters are people of color (38% Latino; 24% Asian, Native Hawaiian, and Pacific Islander; and 12% Black).
Workforce shortages. According to the CHCF Issue Brief, over the next decade, demand for direct care workers will outpace supply in California. Growing demand is driven by an aging and increasingly diverse population, fewer working-aged adults and family caregivers to support this aging population, a growing desire to remain in home and community-based settings, and an increased need for complex care provided in facility-based long-term care settings. California's Employment Development Department ranks HHAs and personal care aides as the fifth-fastest growing occupation from 2023 to 2033, projecting a 31% growth to 1.8 million positions in 2033. CNAs are also projected to grow by 8.4% to 150,000 positions in 2033. Despite the increased demand, the Public Policy Institute of California reports that projected direct care workforce shortages range from 600,000 to over three million workers over the next decade. Several factors constrain the supply of direct care workers. Direct care work is physically and emotionally demanding, yet wages remain low (around $5 to $10 below the state median of $27.38/hour), with 26% of workers earning under 150% of the federal poverty level and 40% qualifying for CalFresh. A high proportion of part-time positions also contributes to burnout and exhaustion, as some direct care workers take on multiple part-time jobs or take extra shifts at night or on weekends.
Continuing education. CNAs are required to complete 48 hours of in-service training or continuing education every two years, 24 of which must be through in-person instruction. California currently prohibits CNAs from completing continuing education units through live online instruction (such as Zoom). This restriction creates unnecessary barriers for CNAs in rural areas, those individuals working non-traditional schedules, and workers with family caregiving responsibilities. These barriers disproportionately affect women of color and immigrant workers who make up the majority of California's 60,000 CNAs working in skilled nursing facilities.
According to the Author
This bill is a crucial step toward ensuring a fair opportunity for people with past records to pursue meaningful caregiving careers while also addressing California's direct care workforce shortage. People living with past convictions face lasting barriers to sustainable work, safe housing, education, and other opportunities to succeed and care for their families. The author states that AB 2138 (Chiu and Low) Chapter 995, Statutes of 2018 vastly improved the ability of people with a conviction history to navigate the occupational licensing process for a range of different boards and bureaus regulated by the Department of Consumer Affairs (DCA), which include registered and vocational nursing, physicians and surgeons, clinical social workers and counselors, and many more. While these standards ensure a fair opportunity for people with records to obtain a range of DCA regulated patient care licenses, people seeking certifications regulated by DPH for similar roles, such as CNAs and HHAs, are not afforded the same protections. The author concludes that this bill would close this gap and ensure that people with records seeking these certifications, including entry into training programs, are afforded the same opportunity as those seeking similar DCA regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
Arguments in Support
Californians for Safety and Justice (CSJ) is the sponsor of this bill and states that Californians living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed. CSJ notes that AB 2138 vastly improved the ability of people with a conviction history to navigate the occupational licensing process for over 40 different boards and bureaus regulated by DCA, which include registered and vocational nursing, physicians and surgeons, clinical social workers and counselors and many more. The standards enacted by AB 2138 ensure that a person cannot be denied a covered license based on a prior conviction unless certain criteria are met, including:
- Boards are prohibited from denying a license based on a conviction if [seven] years have passed since the conviction or the person was released from incarceration. This does not apply to a serious felony, registerable sex offense, or financial felony in some cases;
- Boards cannot deny a license based on a conviction if the person has obtained an expungement or certificate of rehabilitation, been granted clemency or a pardon, or has demonstrated a showing of that specific board's established criteria for rehabilitation; and,
- A board cannot deny a license based on a conviction, regardless of when it occurred, unless the offense is substantially related to the qualifications and duties of the job they are seeking.
While these standards ensure a fair opportunity for people with records to obtain a range of DCA regulated patient care licenses, people seeking DPH regulated certifications for similar roles, such as CNAs and HHSs, are not afforded the same protections. CSJ argues that these professions often provide a vital pathway to sustainable employment through accessible, short-term training programs, and can serve as a steppingstone to other patient care career opportunities, such as registered and vocational nursing, which are already covered under existing protections. CSJ states that this bill would apply the licensing standards established by AB 2138 to DPH regulated professions, including CNAs and HHAs. CSJ concludes that this bill would ensure that people with records seeking these certifications are afforded the same opportunity as those seeking similar DCA regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, DPH estimates annual costs of $251,000 in fiscal years 2027-28 through 2029-30 for one full-time equivalent position to develop regulations and for Office of Regulations services costs (Licensing and Certification Program Fund). No costs to the Department of Justice.
VOTES
SENATE FLOOR: 29-8-3
YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Umberg, Wahab, Weber Pierson, Wiener
NO: Alvarado-Gil, Choi, Grove, Jones, Ochoa Bogh, Seyarto, Strickland, Valladares
ABS, ABST OR NV: Dahle, Gonzalez, Niello
ASM HEALTH: 12-3-1
YES: Bonta, Addis, Aguiar-Curry, Ahrens, Caloza, Carrillo, Mark González, Patel, Celeste Rodriguez, Schiavo, Sharp-Collins, Stefani
NO: Sanchez, Jeff Gonzalez, Patterson
ABS, ABST OR NV: Johnson
ASM APPROPRIATIONS: 11-3-1
YES: Wicks, Arambula, Calderon, Caloza, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache
NO: Hoover, Ta, Tangipa
ABS, ABST OR NV: Dixon
UPDATED
VERSION: August 21, 2026
CONSULTANT: Lara Flynn / HEALTH / (916) 319-2097 FN: 0003981
SENATE THIRD READING
STR Bill Id:SB 1057
Author:(Becker)
As Amended Ver:August 19, 2026
Majority vote
SUMMARY
Revises and recasts existing law governing the training and certification of certified nurse assistants (CNAs) and home health aides (HHAs) specific to the Department of Public Health's (DPH) denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal when an applicant has been convicted of a crime. Makes these provisions of law parallel for both professions. Authorizes an applicant or certificate holder whose application has been denied or certificate was suspended or revoked to provide DPH with evidence of good character and rehabilitation. Authorizes DPH to deny an application or deny a training and examination application if the applicant has been convicted of a crime within the preceding 7 years that is directly and adversely related to the qualifications, functions, or duties of a CNA or HHA, or involves financial abuse.
Major Provisions
COMMENTS
According to a 2024 Public Policy Institute of California report (PPIC report), "California's Care Workforce: An Overview of Needs, Opportunities, and Challenges," California's care sector is at a critical juncture. The state recently developed a master plan to address the needs of its aging population. Successful implementation will involve meeting growing demand for care services, which in turn relies on the workers and businesses who provide essential, hands-on services to older adults, and people with disabilities. The PPIC report notes that demand for care services is growing, as California's population ages and people live longer. HHA and personal care aide jobs are among the fastest-growing in California, projected to increase 29% in 2030.
Direct care workers. HHAs and CNAs are categorized by the U.S. Bureau of Labor Statistics (BLS) as "direct care workers," which include HHAs, CNAs, and personal care aides. In general, personal care aides provide custodial care, while HHAs and CNAs provide both custodial and limited skilled care. According to a January 2023 California Health Care Foundation (CHCF) Issue Brief, direct care workers are paid to provide essential, hands-on, daily assistance to older adults and people with disabilities. They work in a range of settings (from private homes to community and congregate settings), assisting their clients to maximize their quality of life and to remain in their own homes or communities when possible. Many of California's direct care workers come from historically marginalized backgrounds: 80% are women, almost half (47%) are immigrants, and over three-quarters are people of color (38% Latino; 24% Asian, Native Hawaiian, and Pacific Islander; and 12% Black).
Workforce shortages. According to the CHCF Issue Brief, over the next decade, demand for direct care workers will outpace supply in California. Growing demand is driven by an aging and increasingly diverse population, fewer working-aged adults and family caregivers to support this aging population, a growing desire to remain in home and community-based settings, and an increased need for complex care provided in facility-based long-term care settings. California's Employment Development Department ranks HHAs and personal care aides as the fifth-fastest growing occupation from 2023 to 2033, projecting a 31% growth to 1.8 million positions in 2033. CNAs are also projected to grow by 8.4% to 150,000 positions in 2033. Despite the increased demand, the Public Policy Institute of California reports that projected direct care workforce shortages range from 600,000 to over three million workers over the next decade. Several factors constrain the supply of direct care workers. Direct care work is physically and emotionally demanding, yet wages remain low (around $5 to $10 below the state median of $27.38/hour), with 26% of workers earning under 150% of the federal poverty level and 40% qualifying for CalFresh. A high proportion of part-time positions also contributes to burnout and exhaustion, as some direct care workers take on multiple part-time jobs or take extra shifts at night or on weekends.
According to the Author
This bill is a crucial step toward ensuring a fair opportunity for people with past records to pursue meaningful caregiving careers while also addressing California's direct care workforce shortage. People living with past convictions face lasting barriers to sustainable work, safe housing, education, and other opportunities to succeed and care for their families. The author states that AB 2138 (Chiu and Low) Chapter 995, Statutes of 2018 vastly improved the ability of people with a conviction history to navigate the occupational licensing process for a range of different boards and bureaus regulated by the Department of Consumer Affairs (DCA), which include registered and vocational nursing, physicians and surgeons, clinical social workers and counselors, and many more. While these standards ensure a fair opportunity for people with records to obtain a range of DCA regulated patient care licenses, people seeking certifications regulated by DPH for similar roles, such as CNAs and HHAs, are not afforded the same protections. The author concludes that this bill would close this gap and ensure that people with records seeking these certifications, including entry into training programs, are afforded the same opportunity as those seeking similar DCA regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
Arguments in Support
Californians for Safety and Justice (CSJ) is the sponsor of this bill and states that Californians living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed. CSJ notes that AB 2138 vastly improved the ability of people with a conviction history to navigate the occupational licensing process for over 40 different boards and bureaus regulated by DCA, which include registered and vocational nursing, physicians and surgeons, clinical social workers and counselors and many more. The standards enacted by AB 2138 ensure that a person cannot be denied a covered license based on a prior conviction unless certain criteria are met, including:
- Boards are prohibited from denying a license based on a conviction if 7 years have passed since the conviction or the person was released from incarceration. This does not apply to a serious felony, registerable sex offense, or financial felony in some cases;
- Boards cannot deny a license based on a conviction if the person has obtained an expungement or certificate of rehabilitation, been granted clemency or a pardon, or has demonstrated a showing of that specific board's established criteria for rehabilitation; and,
- A board cannot deny a license based on a conviction, regardless of when it occurred, unless the offense is substantially related to the qualifications and duties of the job they are seeking.
While these standards ensure a fair opportunity for people with records to obtain a range of DCA regulated patient care licenses, people seeking DPH regulated certifications for similar roles, such as CNAs and HHSs, are not afforded the same protections. CSJ argues that these professions often provide a vital pathway to sustainable employment through accessible, short-term training programs, and can serve as a steppingstone to other patient care career opportunities, such as registered and vocational nursing, which are already covered under existing protections. CSJ states that this bill would apply the licensing standards established by AB 2138 to DPH regulated professions, including CNAs and HHAs. CSJ concludes that this bill would ensure that people with records seeking these certifications are afforded the same opportunity as those seeking similar DCA regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, DPH estimates annual costs of $251,000 in fiscal years 2027-28 through 2029-30 for one full-time equivalent position to develop regulations and for Office of Regulations services costs (Licensing and Certification Program Fund). No costs to the Department of Justice.
VOTES
SENATE FLOOR: 29-8-3
YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Umberg, Wahab, Weber Pierson, Wiener
NO: Alvarado-Gil, Choi, Grove, Jones, Ochoa Bogh, Seyarto, Strickland, Valladares
ABS, ABST OR NV: Dahle, Gonzalez, Niello
ASM HEALTH: 12-3-1
YES: Bonta, Addis, Aguiar-Curry, Ahrens, Caloza, Carrillo, Mark González, Patel, Celeste Rodriguez, Schiavo, Sharp-Collins, Stefani
NO: Sanchez, Jeff Gonzalez, Patterson
ABS, ABST OR NV: Johnson
ASM APPROPRIATIONS: 11-3-1
YES: Wicks, Arambula, Calderon, Caloza, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache
NO: Hoover, Ta, Tangipa
ABS, ABST OR NV: Dixon
UPDATED
VERSION: August 19, 2026
CONSULTANT: Lara Flynn / HEALTH / (916) 319-2097 FN: 0003823
SENATE THIRD READING
STR Bill Id:SB 1057
Author:(Becker)
As Amended Ver:June 25, 2026
Majority vote
SUMMARY
Revises and recasts existing law governing the training and certification of certified nurse assistants (CNAs) and home health aides (HHAs) specific to the Department of Public Health's (DPH) denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal when an applicant has been convicted of a crime. Makes these provisions of law parallel for both professions. Authorizes an applicant or certificate holder whose application has been denied or certificate was suspended or revoked to provide DPH with evidence of good character and rehabilitation. Authorizes DPH to deny an application or deny a training and examination application if the applicant has been convicted of a crime within the preceding 7 years that is directly and adversely related to the qualifications, functions, or duties of a CNA or HHA.
Major Provisions
COMMENTS
According to a 2024 Public Policy Institute of California report (PPIC report), "California's Care Workforce: An Overview of Needs, Opportunities, and Challenges," California's care sector is at a critical juncture. The state recently developed a master plan to address the needs of its aging population. Successful implementation will involve meeting growing demand for care services, which in turn relies on the workers and businesses who provide essential, hands-on services to older adults, and people with disabilities. The PPIC report notes that demand for care services is growing, as California's population ages and people live longer. HHA and personal care aide jobs are among the fastest-growing in California, projected to increase 29% in 2030.
Direct care workers. HHAs and CNAs are categorized by the U.S. Bureau of Labor Statistics (BLS) as "direct care workers," which include HHAs, CNAs, and personal care aides. In general, personal care aides provide custodial care, while HHAs and CNAs provide both custodial and limited skilled care. According to a January 2023 California Health Care Foundation (CHCF) Issue Brief, direct care workers are paid to provide essential, hands-on, daily, and long-term assistance to older adults and people with disabilities. They work in a range of settings (from private homes to community and congregate settings), assisting their clients to maximize their quality of life and supporting their ability to remain in their own homes or communities when possible. Many of California's direct care workers come from historically marginalized backgrounds: 80% are women, almost half (47%) are immigrants, and over three-quarters are people of color (38% Latino; 24% Asian, Native Hawaiian, and Pacific Islander; and 12% Black).
Workforce shortages. According to the CHCF Issue Brief, over the next decade, demand for direct care workers will outpace supply in California. Growing demand is driven by an aging and increasingly diverse population, fewer working-aged adults and family caregivers to support this aging population, a growing desire to remain in home and community-based settings, and an increased need for complex care provided in facility-based long-term care settings. California's Employment Development Department ranks HHAs and personal care aides as the fifth-fastest growing occupation from 2023 to 2033, projecting a 31% growth to 1.8 million positions in 2033. CNAs are also projected to grow by 8.4% to 150,000 positions in 2033. Despite the increased demand, the Public Policy Institute of California reports that projected direct care workforce shortages range from 600,000 to over three million workers over the next decade. Several factors constrain the supply of direct care workers. Direct care work is physically and emotionally demanding, yet wages remain low (around $5 to $10 below the state median of $27.38/hour), with 26% of workers earning under 150% of the federal poverty level and 40% qualifying for CalFresh. A high proportion of part-time positions also contributes to burnout and exhaustion, as some direct care workers take on multiple part-time jobs or take extra shifts at night or on weekends.
According to the Author
This bill is a crucial step toward ensuring a fair opportunity for people with past records to pursue meaningful caregiving careers while also addressing California's direct care workforce shortage. People living with past convictions face lasting barriers to sustainable work, safe housing, education, and other opportunities to succeed and care for their families. The author states that AB 2138 (Chiu and Low) Chapter 995, Statutes of 2018 vastly improved the ability of people with a conviction history to navigate the occupational licensing process for a range of different boards and bureaus regulated by the Department of Consumer Affairs (DCA), which include registered and vocational nursing, physicians and surgeons, clinical social workers and counselors, and many more. While these standards ensure a fair opportunity for people with records to obtain a range of DCA regulated patient care licenses, people seeking certifications regulated by DPH for similar roles, such as CNAs and HHAs, are not afforded the same protections. The author concludes that this bill would close this gap and ensure that people with records seeking these certifications, including entry into training programs, are afforded the same opportunity as those seeking similar DCA regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
Arguments in Support
Californians for Safety and Justice (CSJ) is the sponsor of this bill and states that Californians living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed. CSJ notes that AB 2138 vastly improved the ability of people with a conviction history to navigate the occupational licensing process for over 40 different boards and bureaus regulated by DCA, which include registered and vocational nursing, physicians and surgeons, clinical social workers and counselors and many more. The standards enacted by AB 2138 ensure that a person cannot be denied a covered license based on a prior conviction unless certain criteria are met, including:
- Boards are prohibited from denying a license based on a conviction if 7 years have passed since the conviction or the person was released from incarceration. This does not apply to a serious felony, registerable sex offense, or financial felony in some cases;
- Boards cannot deny a license based on a conviction if the person has obtained an expungement or certificate of rehabilitation, been granted clemency or a pardon, or has demonstrated a showing of that specific board's established criteria for rehabilitation; and,
- A board cannot deny a license based on a conviction, regardless of when it occurred, unless the offense is substantially related to the qualifications and duties of the job they are seeking.
While these standards ensure a fair opportunity for people with records to obtain a range of DCA regulated patient care licenses, people seeking DPH regulated certifications for similar roles, such as CNAs and HHSs, are not afforded the same protections. CSJ argues that these professions often provide a vital pathway to sustainable employment through accessible, short-term training programs, and can serve as a steppingstone to other patient care career opportunities, such as registered and vocational nursing, which are already covered under existing protections. CSJ states that this bill would apply the licensing standards established by AB 2138 to DPH regulated professions, including CNAs and HHAs. CSJ concludes that this bill would ensure that people with records seeking these certifications are afforded the same opportunity as those seeking similar DCA regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, DPH estimates annual costs of $251,000 in fiscal years 2027-28 through 2029-30 for one full-time equivalent position to develop regulations and for Office of Regulations services costs (Licensing and Certification Program Fund). No costs to the Department of Justice.
VOTES
SENATE FLOOR: 29-8-3
YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Umberg, Wahab, Weber Pierson, Wiener
NO: Alvarado-Gil, Choi, Grove, Jones, Ochoa Bogh, Seyarto, Strickland, Valladares
ABS, ABST OR NV: Dahle, Gonzalez, Niello
ASM HEALTH: 12-3-1
YES: Bonta, Addis, Aguiar-Curry, Ahrens, Caloza, Carrillo, Mark González, Patel, Celeste Rodriguez, Schiavo, Sharp-Collins, Stefani
NO: Sanchez, Jeff Gonzalez, Patterson
ABS, ABST OR NV: Johnson
ASM APPROPRIATIONS: 11-3-1
YES: Wicks, Arambula, Calderon, Caloza, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache
NO: Hoover, Ta, Tangipa
ABS, ABST OR NV: Dixon
UPDATED
VERSION: June 25, 2026
CONSULTANT: Lara Flynn / HEALTH / (916) 319-2097 FN: 0003579
Date of Hearing: August 5, 2026
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 1057
Author:(Becker) – As Amended Ver:June 25, 2026
Policy Committee: | Health | Vote: | 12 - 3 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill updates the circumstances in which the California Department of Public Health (CDPH) may deny, suspend, or revoke an initial or renewed certified nurse assistant (CNA) and home health aide (HHA) certificate.
More specifically, this bill:
- Revises and recasts a portion of existing law governing the training and certification of CNAs and HHAs, including provisions related to the denial of an application for certification or training, and suspension or revocation of certification, licensure, or renewal, and aligns the training and certification statutes for CNAs and HHAs.
- Allows CDPH to deny an application for, or deny a training and examination application for, a CNA or HHA if the applicant was convicted of a crime that is directly and adversely related to the qualifications, functions, or duties of a CNA or HHA within the seven years preceding the date of the application, regardless of whether the applicant was incarcerated for that crime, or the applicant was convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a CNA or HHA and for which the applicant is presently incarcerated or for which the applicant was released from incarceration in the seven years preceding the date of application.
- Specifies crimes for which the conviction in item 2, above, may be considered regardless of when the conviction occurred.
- Allows CDPH to deny an application for, or deny a training and examination application for, a CNA or HHA if the applicant was subjected to formal discipline by CDPH or a licensing board in or outside California within the preceding seven years based on professional misconduct that would have been cause for discipline, and that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant, unless
the basis for that disciplinary action was a conviction that has been dismissed, as specified.
- Allows CDPH to deny an application for a certificate based on formal discipline that occurred earlier than seven years preceding the date of the application if the formal discipline was for conduct involving financial abuse of a patient or conduct that would have constituted an act of sexual abuse, misconduct, or relations with a patient, or sexual exploitation, as defined.
- Prohibits a person from being denied a CNA/HHA certificate or training and examination application 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 either of the following is true:
- The applicant has obtained a certificate of rehabilitation, 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 CDPH.
- The conviction has been dismissed or expunged.
- The applicant has obtained a certificate of rehabilitation, 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 CDPH.
- Prohibits CDPH from denying a CNA/HHA certificate or training and examination application 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, diversion, deferred entry of judgment, or a juvenile adjudication.
- Prohibits CDPH from requiring an applicant to disclose any information or documentation regarding the applicant’s criminal history prior to obtaining the person’s criminal offender record information search response information from the Department of Justice (DOJ).
- Permits CDPH, after it has received the criminal offender record information, to request mitigating information from an applicant regarding their criminal history that is grounds for denial, for purposes of determining direct and adverse 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 will not be a factor in any decision to grant or deny a certificate for, or a training and examination application.
- Requires CDPH, if it decides to deny a training and examination application or a certificate, or to revoke or suspend a certificate, to notify the applicant in writing, in addition to the reason for the determination and the right to appeal the determination (a) the procedure for the applicant to challenge the determination or to request reconsideration and (b) the processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record.
FISCAL EFFECT:
CDPH estimates annual costs of $251,000 in fiscal years 2027-28 through 2029-30 for one full-time equivalent position to develop regulations and for Office of Regulations services costs (Licensing and Certification Program Fund).
No costs to DOJ.
COMMENTS:
- Purpose. This bill is sponsored by Californians for Safety and Justice. According to the author:
This bill is a crucial step toward ensuring a fair opportunity for people with past records to pursue meaningful caregiving careers while also addressing California’s direct care workforce shortage…AB 2138 (2018) vastly improved the ability of people with a conviction history to navigate the occupational licensing process for…boards and bureaus regulated by the Department of Consumer Affairs (DCA), [including] registered and vocational nursing, physicians and surgeons, clinical social workers and counselors and many more…[However, people] seeking certifications regulated by the Department of Public Health for similar roles, such as [CNAs] and [HHAs], are not afforded the same protections. This bill would close this gap and ensure that people with records seeking these certifications, including entry into training programs, are afforded the same opportunity as those seeking similar DCA-regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the legislature.
- Background. The state recently developed a master plan to address the needs of its aging population. Successful implementation will involve meeting growing demand for care services, which in turn relies on the workers and businesses who provide essential, hands-on services to older adults, and people with disabilities. According to a California Healthcare Foundation Issue Brief, over the next decade, demand for direct care workers will outpace supply in California. Growing demand is driven by an aging and increasingly diverse population, fewer working-aged adults and family caregivers to support this aging population, a growing desire to remain in home and community-based settings, and an increased need for complex care provided in facility-based long-term care settings.
Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081
Date of Hearing: June 23, 2026
ASSEMBLY COMMITTEE ON HEALTH
Mia Bonta, Chair
SBPCA Bill Id:SB 1057
Author:(Becker) – As Amended Ver:March 25, 2026
SENATE VOTE: 29-8
SUBJECT: Licensing: certified nurse assistants and home health aides.
SUMMARY: Revises and recasts existing law governing the training and certification of certified nurse assistants (CNAs) and home health aides (HHAs) specific to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Makes these provisions of law parallel for both professions. Specifically, this bill:
- Revises and recasts a portion of existing law governing the training and certification of CNAs and HHAs, including provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Aligns the two training and certification statutes with each other.
- Permits the Department of Public Health (DPH) to deny an application for, or deny a training and examination application for, a CNA/HHA on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline if either:
- The applicant has been convicted of a crime within the preceding seven years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a CNA/HHA, regardless of whether the applicant was incarcerated for that crime or the applicant was convicted of a serious felony, as specified, or a sex crime for which registration is required; or,
- The applicant has been subjected to formal discipline by DPH 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, and that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant. Prohibits the prior disciplinary action from being 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, as specified. Permits formal discipline that occurred earlier than seven years preceding the date of the application to 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, as specified.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application 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, 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 DPH.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application on the basis of any conviction, or on the basis of the acts underlying the conviction, that have been dismissed or expunged. Requires the applicant who has a conviction that has been dismissed to provide proof of that, if it is not reflected on the report furnished by the Department of Justice (DOJ).
- Prohibits a person from being denied a CNA/HHA certificate or training and examination application 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, diversion, deferred entry of judgment, or a juvenile adjudication.
- Permits DPH to deny a CNA/HHA certificate or training and examination application on the grounds that the applicant knowingly made a false statement of fact that is required to be revealed in the application. Prohibits DPH from denying a CNA/HHA certificate or training and examination application based solely on an applicant’s failure to disclose a fact that would not have been cause for denial had it been disclosed.
- Requires DPH to follow the following procedures in requesting or acting on an applicant’s criminal history information:
- Prohibits DPH from requiring an applicant to disclose any information or documentation regarding the applicant’s criminal history prior to obtaining the person’s criminal offender record information search response information from the DOJ;
- Permits DPH, after it has received the criminal offender record information, to request mitigating information from an applicant regarding their criminal history that is grounds for denial, for purposes of determining direct and adverse 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 will not be a factor in any decision to grant or deny a certificate for, or a training and examination application;
- Requires DPH, if it decides to deny a training and examination application, to deny a certificate, or to revoke or suspend a certificate, to notify the applicant in writing, in addition to the reason for the determination and the right to appeal the determination (required under existing law):
- The procedure for the applicant to challenge the determination or to request reconsideration; and,
- The processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record.
- Deletes existing law that permits the denial of a certification or training application, or the suspension or revocation of a certificate, on the basis of a conviction for, or use of, controlled substances or alcoholic beverages, as specified.
- Deletes the requirement in existing law that a CNA/HHA, whose application was denied or certificate was suspended or revoked on the basis of a criminal conviction, provide DPH with a certified copy of the judgment of each conviction.
- Deletes the requirement in existing law that a CNA/HHA applicant, as part of the background clearance process, provide information as to whether or not they have any prior criminal convictions, any arrests within the past 12-month period, or any active arrests, and certify that, to the best of their knowledge, the information provided is true.
- Makes other technical, clarifying changes.
EXISTING LAW:
- Provides for the certification of CNAs and HHAs by DPH and establishes minimum qualifications and training requirements for CNAs and HHAs. [Health and Safety Code (HSC) § 1337, et seq. and § 1375, et seq.]
- Establishes a scope of practice for CNAs as performing basic patient care services directed at the safety, comfort, personal hygiene and protections of patients, prohibits CNAs from performing any services which can only be performed by a licensed person, and requires all services to be performed under the supervision of a licensed registered nurse or a licensed vocational nurse. [HSC § 1337, et seq.]
- Defines “home health aide” as an aide who has successfully completed a state-approved training program, is employed by a home health agency or hospice program, and provides personal care services in a patient’s home. Defines “home health aide services” as personal care services provided by an HHA under a plan of treatment prescribed by the patient’s physician. Requires a certified HHA applicant to:
- Have successfully completed a training program with a minimum of 75 hours or an equivalent competency evaluation program approved by DPH; and,
- Obtain a criminal record clearance from DOJ. [HSC § 1727 and § 1736.1(a)]
- Requires a criminal record clearance to be conducted for all CNAs by the submission of fingerprint images and related information to DPH for processing at the DOJ. Requires DPH to issue an All Facilities Letter (AFL) to facilities when it receives 95% of total responses indicating no evidence of recorded criminal information from the DOJ; and, it processes 95% total responses requiring disqualification, no later than 45 days after the date that the report is received from the DOJ. [HSC § 1338.5(a)(1)(A)]
- Prohibits facilities, after the AFL is issued, from allowing CNA trainees or newly hired CNAs to have direct contact with clients or residents prior to completion of the criminal record clearance. Makes a criminal record clearance complete when DPH has obtained the person’s criminal offender record information from the DOJ and has determined that the person is not disqualified from engaging in the activity for which clearance is required. [HSC § 1338.5(a)(1)(B)]
- Permits DPH to deny an application for, initiate an action to suspend or revoke a certificate for, or deny a training and examination application for, a CNA/HHA for:
- Unprofessional conduct, including, but not limited to, 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;
- Conviction of a crime substantially related to the qualifications, functions, and duties of a certified nurse assistant if the state department determines that the applicant or certificate holder has not adequately demonstrated that he or she has been rehabilitated and will present a threat to the health, safety, or welfare of patients;
- Conviction for, or use of, any controlled substance, or any dangerous drug, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the CNA/HHA, any other person, or the public, to the extent that this use would impair the ability to conduct, with safety to the public, the practice authorized by a certificate;
- Procuring a certificate by fraud or misrepresentation or mistake;
- Making or giving any false statement or information in conjunction with the application for issuance of a certificate or training and examination application;
- Impersonating any applicant, or acting as proxy for an applicant, in any examination required for the issuance of a certificate;
- Impersonating another CNA/HHA, 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; or
- Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to violate any provision or term of, existing law related to certification. [HSC § 1337.9(b) and § 1736.5(c)]
- Requires DPH to take specified factors as evidence of good character and rehabilitation in determining whether or not to deny a CNA/HHA application for licensure or renewal. [HSC § 1337.9(c) and § 1736.5(c)(2)]
FISCAL EFFECT: According to the Senate Appropriations Committee unknown potential costs for DPH for state administration (Licensing and Certification Program Fund).
COMMENTS:
- PURPOSE OF THIS BILL. According to the author, this bill is a crucial step toward ensuring a fair opportunity for people with past records to pursue meaningful caregiving careers while also addressing California’s direct care workforce shortage. People living with past convictions face lasting barriers to sustainable work, safe housing, education, and other opportunities to succeed and care for their families. The author states that AB 2138 (Chiu and Low) Chapter 995, Statutes of 2018 vastly improved the ability of people with a conviction history to navigate the occupational licensing process for a range of different boards and bureaus regulated by the Department of Consumer Affairs (DCA), which include registered and vocational nursing, physicians and surgeons, clinical social workers and counselors, and many more. While these standards ensure a fair opportunity for people with records to obtain a range of DCA regulated patient care licenses, people seeking certifications regulated by DPH for similar roles, such as CNAs and HHAs, are not afforded the same protections. The author concludes that this bill would close this gap and ensure that people with records seeking these certifications, including entry into training programs, are afforded the same opportunity as those seeking similar DCA regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
- BACKGROUND. According to a 2024 Public Policy Institute of California report (PPIC report), “California’s Care Workforce: An Overview of Needs, Opportunities, and Challenges,” California’s care sector is at a critical juncture. The state recently developed a master plan to address the needs of its aging population. Successful implementation will involve meeting growing demand for care services, which in turn relies on the workers and businesses who provide essential, hands-on services to older adults, and people with disabilities. The PPIC report notes that demand for care services is growing, as California’s population ages and people live longer. HHA and personal care aide jobs are among the fastest-growing in California, projected to increase 29% in 2030.
- Direct care workers. HHAs and CNAs are categorized by the U.S. Bureau of Labor Statistics (BLS) as “direct care workers,” which include HHAs, CNAs, and personal care aides. In general, personal care aides provide custodial care, while HHAs and CNAs provide both custodial and limited skilled care. According to a January 2023 California Health Care Foundation (CHCF) Issue Brief, direct care workers are paid to provide essential, hands-on, daily, and long-term assistance to older adults and people with disabilities. They work in a range of settings (from private homes to community and congregate settings), assisting their clients to maximize their quality of life and supporting their ability to remain in their own homes or communities when possible. Many of California’s direct care workers come from historically marginalized backgrounds: 80% are women, almost half (47%) are immigrants, and over three-quarters are people of color (38% Latino; 24% Asian, Native Hawaiian, and Pacific Islander; and 12% Black).
- Workforce shortages. According to the CHCF Issue Brief, over the next decade, demand for direct care workers will outpace supply in California. Growing demand is driven by an aging and increasingly diverse population, fewer working-aged adults and family caregivers to support this aging population, a growing desire to remain in home and community-based settings, and an increased need for complex care provided in facility-based long-term care settings. California’s Employment Development Department ranks HHAs and personal care aides as the fifth-fastest growing occupation from 2023 to 2033, projecting a 31% growth to 1.8 million positions in 2033. CNAs are also projected to grow by 8.4% to 150,000 positions in 2033. Despite the increased demand, the Public Policy Institute of California reports that projected direct care workforce shortages range from 600,000 to over three million workers over the next decade. Several factors constrain the supply of direct care workers. Direct care work is physically and emotionally demanding, yet wages remain low (around $5 to $10 below the state median of $27.38/hour), with 26% of workers earning under 150% of the federal poverty level and 40% qualifying for CalFresh. A high proportion of part-time positions also contributes to burnout and exhaustion, as some direct care workers take on multiple part-time jobs or take extra shifts at night or on weekends.
- SUPPORT. Californians for Safety and Justice (CSJ) is the sponsor of this bill and states that Californians living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed. CSJ notes that AB 2138 vastly improved the ability of people with a conviction history to navigate the occupational licensing process for over 40 different boards and bureaus regulated by DCA, which include registered and vocational nursing, physicians and surgeons, clinical social workers and counselors and many more. The standards enacted by AB 2138 ensure that a person cannot be denied a covered license based on a prior conviction unless certain criteria are met, including:
- Boards are prohibited from denying a license based on a conviction if 7 years have passed since the conviction or the person was released from incarceration. This does not apply to a serious felony, registerable sex offense, or financial felony in some cases;
- Boards cannot deny a license based on a conviction if the person has obtained an expungement or certificate of rehabilitation, been granted clemency or a pardon, or has demonstrated a showing of that specific board’s established criteria for rehabilitation; and,
- A board cannot deny a license based on a conviction, regardless of when it occurred, unless the offense is substantially related to the qualifications and duties of the job they are seeking.
While these standards ensure a fair opportunity for people with records to obtain a range of DCA regulated patient care licenses, people seeking DPH regulated certifications for similar roles, such as CNAs and HHSs, are not afforded the same protections. CSJ argues that these professions often provide a vital pathway to sustainable employment through accessible, short-term training programs, and can serve as a steppingstone to other patient care career opportunities, such as registered and vocational nursing, which are already covered under existing protections. CSJ states that this bill would apply the licensing standards established by AB 2138 to DPH regulated professions, including CNAs and HHAs. CSJ concludes that this bill would ensure that people with records seeking these certifications are afforded the same opportunity as those seeking similar DCA regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
- PREVIOUS LEGISLATION.
- AB 1495 (Valencia), Chapter 400, Statutes of 2025 establishes requirements and standards for online training, distance learning training, or in-service training for HHAs; requires a person who provides training for an HHA to be either a registered nurse (RN) with at least two years nursing experience (with at least one year in home health care) or a licensed vocational nurse under the general supervision of the RN.
- AB 2131 (Valencia), Chapter 380, Statutes of 2024 requires DPH, twice a year, to update and publish on, its website, a list of approved training programs for CNAs and requires CDPH to solicit applications from vendors to provide the CNA exam in Spanish.
- AB 2069 (Villapudua) of 2022 would have established the California Home Health Aide Training Scholarship Act, administered by the Department of Health Care Access and Information (HCAI), to incentivize enrollment in HHA training programs by awarding $1,500 scholarships. AB 2069 was vetoed by Governor Newsom, who stated, in part: “I support the author's goal of expanding the HHA workforce. However, this bill duplicates existing HCAI programs that provide funding and scholarships to support and expand the HHA workforce throughout the state. An individual interested in becoming a HHA can apply to HCAI's Allied Healthcare Scholarship Program for financial assistance.”
- AB 2138 limits a regulatory board's discretion to deny a new license application to cases where the applicant was formally convicted of a substantially related crime or subjected to formal discipline by a licensing board, with offenses older than seven years not eligible for license denial, with several exemptions.
- SB 1384 (Mitchell), Chapter 847, Statutes of 2014 deletes the requirement that DPH deny, suspend, or revoke a certificate of a CNA if the applicant or certificate holder had been convicted of a violation or attempted violation of one or more specified crimes.
- AMENDMENTS. In order to address concerns raised by stakeholders, the author is proposing to amend this bill to authorize DPH to deny an application or a training and examination application for, a CNA or HHA if the applicant was convicted of a misdemeanor or felony involving financial abuse in connection with the delivery of a healthcare item or service; and, if the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, of duties of a CNA or HHA, and is presently incarcerated, or was released within the preceding seven years from the date of application.
REGISTERED SUPPORT / OPPOSITION:
Support
Californians for Safety and Justice (sponsor)
Center for Employment Opportunities
Courage California
CPCA Advocates
Felony Murder Elimination Project
Glide
Rubicon Programs
San Francisco Public Defender
Transitions Clinic Network
Opposition
None on file
Analysis Prepared by: Lara Flynn / HEALTH / (916) 319-2097
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 1057 |
THIRD READING
Bill No: SB 1057
Author: Becker (D)
Amended: 3/25/26
Vote: 21
SENATE HEALTH COMMITTEE: 9-2, 4/8/26
AYES: Weber Pierson, Caballero, Durazo, Gonzalez, Menjivar, Padilla, Pérez, Rubio, Smallwood-Cuevas
NOES: Valladares, Grove
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/14/26
AYES: Cervantes, Cabaldon, Grayson, Richardson, Wahab
NOES: Seyarto, Dahle
SUBJECT: Licensing: certified nurse assistants and home health aides
SOURCE: Californians for Safety and Justice
DIGEST:
This bill revises and recasts a portion of existing law governing the training and certification of certified nurse assistants and home health aides, specifically provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Aligns these provisions of law for both professions with each other.
ANALYSIS:
Existing law:
- Provides for the certification of certified nurse assistants (CNAs) and home health aides (HHAs) by the California Department of Public Health (CDPH), and establishes minimum qualifications and training requirements for CNAs and HHAs. [Health and Safety Code (HSC) §1337, et seq. and §1375, et seq.]
- Establishes a scope of practice for CNAs as performing basic patient care services directed at the safety, comfort, personal hygiene, and protections of patients, and prohibits CNAs from performing any services which can only be performed by a licensed person, and requires all services to be performed under the supervision of a licensed registered nurse or a licensed vocational nurse. [HSC §1337, et seq.]
- Defines “home health aide” as an aide who has successfully completed a state-approved training program, is employed by a home health agency or hospice program, and provides personal care services in a patient’s home. Defines “home health aide services” as personal care services provided by an HHA under a plan of treatment prescribed by the patient’s physician. Requires a certified HHA applicant to:
- Have successfully completed a training program with a minimum of 75 hours or an equivalent competency evaluation program approved by CDPH; and,
- Obtain a criminal record clearance from the Department of Justice (DOJ). [HSC §1727 and §1736.1(a)]
- Requires a criminal record clearance to be conducted for all CNAs by the submission of fingerprint images and related information to CDPH for processing at the DOJ. Requires CDPH to issue an All Facilities Letter (AFL) to facilities when it receives 95% of total responses indicating no evidence of recorded criminal information from the DOJ; and, it processes 95% total responses requiring disqualification, no later than 45 days after the date that the report is received from the DOJ. [HSC §1338.5(a)(1)(A)]
- Prohibits facilities, after the AFL is issued, from allowing CNA trainees or newly hired CNAs to have direct contact with clients or residents prior to completion of the criminal record clearance. Makes a criminal record clearance complete when CDPH has obtained the person’s criminal offender record information from the DOJ and has determined that the person is not disqualified from engaging in the activity for which clearance is required. [HSC §1338.5(a)(1)(B)]
- Permits CDPH to deny an application for, initiate an action to suspend or revoke a certificate for, or deny a training and examination application for, a CNA/HHA for:
- Unprofessional conduct, including, but not limited to, 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;
- Conviction of a crime substantially related to the qualifications, functions, and duties of a certified nurse assistant if the state department determines that the applicant or certificate holder has not adequately demonstrated that he or she has been rehabilitated and will present a threat to the health, safety, or welfare of patients;
- Conviction for, or use of, any controlled substance, or any dangerous drug, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the CNA/HHA, any other person, or the public, to the extent that this use would impair the ability to conduct, with safety to the public, the practice authorized by a certificate;
- Procuring a certificate by fraud or misrepresentation or mistake;
- Making or giving any false statement or information in conjunction with the application for issuance of a certificate or training and examination application;
- Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate;
- Impersonating another CNA/HHA, 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; or
- Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to violate any provision or term of, existing law related to certification. [HSC §1337.9(b) and §1736.5(c)]
- Requires CDPH to take specified factors as evidence of good character and rehabilitation in determining whether or not to deny a CNA/HHA application for licensure or renewal. [HSC §1337.9(c) and §1736.5(c)(2)]
This bill:
- Revises and recasts a portion of existing law governing the training and certification of CNAs and HHAs, including provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Aligns the two training and certification statutes with each other.
- Permits CDPH to deny an application for, or deny a training and examination application for, a CNA/HHA on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline if either:
- The applicant has been convicted of a crime within the preceding seven years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a CNA/HHA, regardless of whether the applicant was incarcerated for that crime or the applicant was convicted of a serious felony, as specified, or a sex crime for which registration is required; or,
- The applicant has been subjected to formal discipline by CDPH 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, and that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant. Prohibits the prior disciplinary action from being 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, as specified. Permits formal discipline that occurred earlier than seven years preceding the date of the application to 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, as specified.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application 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, 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 CDPH.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application on the basis of any conviction, or on the basis of the acts underlying the conviction, that have been dismissed or expunged. Requires the applicant who has a conviction that has been dismissed to provide proof of that, if it is not reflected on the report furnished by the DOJ.
- Prohibits a person from being denied a CNA/HHA certificate or training and examination application 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, diversion, deferred entry of judgment, or a juvenile adjudication.
- Permits CDPH to deny a CNA/HHA certificate or training and examination application on the grounds that the applicant knowingly made a false statement of fact that is required to be revealed in the application. Prohibits CDPH from denying a CNA/HHA certificate or training and examination application based solely on an applicant’s failure to disclose a fact that would not have been cause for denial had it been disclosed.
- Requires CDPH to follow the specified procedures in requesting or acting on an applicant’s criminal history information, as follows:
- Prohibits CDPH from requiring an applicant to disclose any information or documentation regarding the applicant’s criminal history prior to obtaining the person’s criminal offender record information search response information from the DOJ;
- Permits CDPH, after it has received the criminal offender record information, to request mitigating information from an applicant regarding their criminal history that is grounds for denial, for purposes of determining direct and adverse 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 will not be a factor in any decision to grant or deny a certificate for, or a training and examination application;
- Requires CDPH, if it decides to deny a training and examination application, to deny a certificate, or to revoke or suspend a certificate, to notify the applicant in writing, in addition to the reason for the determination and the right to appeal the determination (required under existing law):
- The procedure for the applicant to challenge the determination or to request reconsideration; and,
- The processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record.
- Deletes existing law that:
- Permits the denial of a certification or training application, or the suspension or revocation of a certificate, on the basis of a conviction for, or use of, controlled substances or alcoholic beverages, as specified.
- Requires a CNA/HHA, whose application was denied or certificate was suspended or revoked on the basis of a criminal conviction, provide the CDPH with a certified copy of the judgment of each conviction.
- Requires a CNA/HHA applicant, as part of the background clearance process, provide information as to whether or not they have any prior criminal convictions, any arrests within the past 12-month period, or any active arrests, and certify that, to the best of their knowledge, the information provided is true.
- Makes other technical, clarifying changes.
Comments
According to the author of this bill:
This bill is a crucial step toward ensuring a fair opportunity for people with past records to pursue meaningful caregiving careers while also addressing California’s direct care workforce shortage. People living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed and care for their families. AB 2138 (Chiu, Chapter 995, Statutes of 2018) vastly improved the ability of people with a conviction history to navigate the occupational licensing process for a range of different boards and bureaus regulated by the Department of Consumer Affairs (DCA), which include registered and vocational nursing, physicians and surgeons, clinical social workers, counselors and many more. While these standards ensure a fair opportunity for people with records to obtain a range of DCA-regulated patient care licenses, people seeking certifications regulated by CDPH for similar roles, such as CNAs and HHAs, are not afforded the same protections. This bill would close this gap and ensure that people with records seeking these certifications, including entry into training programs, are afforded the same opportunity as those seeking similar DCA-regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
Background
Direct care workers. HHAs and CNAs are categorized by the U.S. Bureau of Labor Statistics (BLS) as “direct care workers,” which include HHAs, CNAs, and personal care aides. In general, personal care aides provide custodial care, while HHAs and CNAs provide both custodial and limited skilled care. According to a January 2023 California Health Care Foundation (CHCF) Issue Brief, direct care workers are paid to provide essential, hands-on, daily, and long-term assistance to older adults and people with disabilities. They work in a range of settings (from private homes to community and congregate settings), assisting their clients to maximize their quality of life and supporting their clients’ ability to remain in their own homes or communities when possible. Many of California’s direct care workers come from historically marginalized backgrounds: 80% are women, almost half (47%) are immigrants, and over three-quarters are people of color (38% Latino; 24% Asian, Native Hawaiian, and Pacific Islander; and 12% Black).
According to the CHCF Issue Brief, getting an accurate count of California’s direct care workforce is challenging. One reason is that the estimates include those employed by home health agencies and elder care service providers, but may not include independent providers. Additionally, direct care workers may have multiple jobs in different job categories, which could lead to double-counting. For example, a worker might have a full-time job at a nursing home as a CNA and pick up shifts as a personal care assistant at a second job. Finally, a hidden gray market for direct care workers occurs when consumers hire their own workers outside of a regulated program, making accurate counts of direct care workers even more complicated. According to the BLS, California had 978,490 direct care workers in May of 2024, including 875,110 personal care aides and HHAs (counted as a single category), and 102,380 CNAs.
Training requirements and licensure. Applicants for both CNA and HHA certificates must be at least 16 years old and have completed a CDPH-approved training program. CNA certification requires a minimum of 160 hours of training, with 60 classroom hours and 100 clinical hours, obtained through facility-based clinical training. HHA certification requires 120 hours of training, only 75 of which can be classroom-based. HHA clinical training takes place in health facilities or through home health agencies. CDPH approves two different types of training programs for HHAs: a shorter “40-hour” program for applicants that are already CNAs, and therefore have already completed some related training, and the full 120-hour program for applicants without prior certification as a CNA. CDPH maintains a list of approved HHA and CNA training programs, which are offered through community colleges, private nursing schools and career colleges, public school districts, and health care facilities.
Beyond completing the training program and passing the competency evaluation examination, applicants for CNA and HHA certificates must obtain criminal record clearance from CDPH’s Criminal Background Section. This process includes an applicant’s disclosure of their criminal history and the submission of fingerprints to the DOJ. The DOJ provides the applicant’s criminal records to CDPH, which reviews the information and examines supporting documentation from courts and law enforcement as necessary. Decisions are made on a case-by-case basis that consider the nature and severity of the crime, the amount of time since the most recent conviction, and any evidence of rehabilitation. CNA and HHA licenses must be renewed every two years and require disclosure of any criminal conviction or health-related licensing, certification, or disciplinary authority action.
Workforce shortages. According to the CHCF Issue Brief, over the next decade, demand for direct care workers will outpace supply in California. Growing demand is driven by an aging and increasingly diverse population, fewer working-aged adults and family caregivers to support this aging population, a growing desire to remain in home and community-based settings, and an increased need for complex care provided in facility-based long-term care settings. California’s Employment Development Department ranks HHAs and personal care aides as the fifth-fastest growing occupation from 2023 to 2033, projecting a 31% growth to 1.8 million positions in 2033. CNAs are also projected to grow by 8.4% to 150,000 positions in 2033. Despite the increased demand, the Public Policy Institute of California reports that projected direct care workforce shortages range from 600,000 to over three million workers over the next decade. Several factors constrain the supply of direct care workers. Direct care work is physically and emotionally demanding, yet wages remain low (around $5 to $10 below the state median of $27.38/hour), with 26% of workers earning under 150% of the federal poverty level and 40% qualifying for CalFresh. A high proportion of part-time positions also contributes to burnout and exhaustion, as some direct care workers take on multiple part-time jobs or take extra shifts at night or on weekends. Moreover, direct care workers on the front line during the COVID-19 pandemic received little support, supplies, or resources from their employers, further contributing to high rates of burnout, turnover, and fewer people willing to perform these jobs. According to a report from West Health, direct care workforce shortages strain families, who may need to choose between careers and caregiving due to a lack of direct care workers, and finances, as workforce shortages drive up costs and limit affordability.
Broadening pathways for direct care work. According to the National Employment Law Project, expanding opportunities for people with past criminal records—around eight million Californians, as estimated by the California Policy Lab—could help bolster the direct care workforce. A national survey from the Alliance for Safety and Justice found that more than half of adults with a past felony conviction found it difficult to find a job, maintain employment, or make a living after completing their sentence. Careers that do not require college education and offer on-the-job training, like CNA or HHA positions, offer promising pipelines to stable careers. Some prisons provide training opportunities for inmates to gain relevant experience in the field, like the California Men’s Colony Gold Coats program, which trains healthy inmates to care for older inmates with dementia and cognitive impairments.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, unknown potential costs for CDPH for state administration (Licensing and Certification Program Fund).
Californians for Safety and Justice (source)
All of Us or None
California Primary Care Association Advocates
Center for Employment Opportunities
Community Legal Services in East Palo Alto
Courage California
Felony Murder Elimination Project
GLIDE
Legal Services for Prisoners with Children
Rubicon Program
Transitions Clinic Network
OPPOSITION: (Verified 5/14/26)
None received
ARGUMENTS IN SUPPORT: Californians for Safety and Justice, the sponsors of the bill, state that Californians living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed. The passage of AB 2138 improved the ability of those with a conviction history to navigate occupational licensing process for many boards within DCA but did not include CDPH-regulated CNA and HHA certification, professions that can provide a vital pathway to sustainable employment through accessible, short-term training programs. This bill would ensure that people with records seeking CNA or HHA certification are afforded the same opportunity as those in similar patient care professions, aligning the consideration of their past convictions to the same standards already approved by the legislature. These sentiments are echoed by organizing networks, social service providers, and criminal justice advocacy groups. The California Primary Care Association Advocates also share that community health centers often serve communities where individuals are seeking pathways to stable employment. By clarifying standards and due process protections in the CNA and HHA certification system, this bill will help community health centers recruit and retain critical staff to provide timely care, support aging populations, and address growing demand for home- and community-based services.
Prepared by: Melanie Moreno / HEALTH / (916) 651-4111
5/14/26 16:42:03
**** END ****
SENATE COMMITTEE ON
Senator Sabrina Cervantes, Chair
2025 - 2026 Regular Session
SB 1057 (Becker) - Licensing: certified nurse assistants and home health aides
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 1057 would revise and recast existing law provisions governing the training and certification of certified nurse assistants and home health aides.
Fiscal Impact:
Unknown potential costs for the California Department of Public Health (CDPH) for state administration (Licensing and Certification Program Fund).
Background:
Current law provides for the certification of certified nurse assistants (CNAs) and home health aides (HHAs) by the CDPH, and establishes minimum qualifications and training requirements for CNAs and HHAs. Applicants for both CNA and HHA certificates must be at least 16 years old and have completed a CDPH-approved training program.
Beyond completing the training program and passing the competency evaluation examination, applicants for CNA and HHA certificates must obtain criminal record clearance from CDPH’s Criminal Background Section. This process includes an applicant’s disclosure of their criminal history and the submission of fingerprints to the Department of Justice (DOJ). The DOJ provides the applicant’s criminal records to CDPH, which reviews the information and examines supporting documentation from courts and law enforcement as necessary. Decisions are made on a case-by-case basis that consider the nature and severity of the crime, the amount of time since the most recent conviction, and any evidence of rehabilitation. CNA and HHA licenses must be renewed every two years and require disclosure of any criminal conviction or health-related licensing, certification, or disciplinary authority action.
Proposed Law:
Specific provisions of the bill would:
- Revise and recast a portion of existing law governing the training and certification of CNAs and HHAs, including provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal.
- Permit CDPH to deny an application for, or deny a training and examination application for, a CNA/HHA on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline if either:
- The applicant has been convicted of a crime within the preceding seven years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a CNA/HHA, regardless of whether the applicant was incarcerated for that crime or the applicant was convicted of a serious felony, as specified, or a sex crime for which registration is required; or,
- The applicant has been subjected to formal discipline by CDPH 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, and that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant. The bill would prohibit the prior disciplinary action from being 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, as specified. The bill would permit formal discipline that occurred earlier than seven years preceding the date of the application to 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, as specified.
- Prohibit a person being denied a CNA/HHA certificate or training and examination application 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, 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 CDPH.
- Prohibit a person being denied a CNA/HHA certificate or training and examination application on the basis of any conviction, or on the basis of the acts underlying the conviction, that have been dismissed or expunged; and require the applicant who has a conviction that has been dismissed to provide proof of that, if it is not reflected on the report furnished by the DOJ.
- Prohibit a person from being denied a CNA/HHA certificate or training and examination application 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, diversion, deferred entry of judgment, or a juvenile adjudication.
- Permit CDPH to deny a CNA/HHA certificate or training and examination application on the grounds that the applicant knowingly made a false statement of fact that is required to be revealed in the application; and prohibit CDPH from denying a CNA/HHA certificate or training and examination application based solely on an applicant’s failure to disclose a fact that would not have been cause for denial had it been disclosed.
- Require CDPH to follow specified procedures in requesting or acting on an applicant’s criminal history information.
-- END --
SENATE COMMITTEE ON HEALTH
Senator Dr. Akilah Weber Pierson, Chair
BILL NO: SB 1057
AUTHOR: | Becker | ||
VERSION: | March 25, 2026 | ||
HEARING DATE: | April 8, 2026 | ||
CONSULTANT: | Melanie Moreno and Natalie Gehred | ||
SUBJECT: Licensing: certified nurse assistants and home health aides
SUMMARY:
Revises and recasts a portion of existing law governing the training and certification of certified nurse assistants and home health aides, specifically provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Aligns these provisions of law for both professions with each other.
Existing law:
- Provides for the certification of certified nurse assistants (CNAs) and home health aides (HHAs) by the California Department of Public Health (CDPH), and establishes minimum qualifications and training requirements for CNAs and HHAs. [HSC §1337, et seq and §1375, et seq]
- Establishes a scope of practice for CNAs as performing basic patient care services directed at the safety, comfort, personal hygiene, and protections of patients, and prohibits CNAs from performing any services which can only be performed by a licensed person, and requires all services to be performed under the supervision of a licensed registered nurse or a licensed vocational nurse. [HSC §1337, et seq]
- Defines “home health aide” as an aide who has successfully completed a state-approved training program, is employed by a home health agency or hospice program, and provides personal care services in a patient’s home. Defines “home health aide services” as personal care services provided by an HHA under a plan of treatment prescribed by the patient’s physician. Requires a certified HHA applicant to:
- Have successfully completed a training program with a minimum of 75 hours or an equivalent competency evaluation program approved by CDPH; and,
- Obtain a criminal record clearance from the Department of Justice (DOJ). [HSC §1727 and §1736.1(a)]
- Requires a criminal record clearance to be conducted for all CNAs by the submission of fingerprint images and related information to CDPH for processing at the DOJ. Requires CDPH to issue an All Facilities Letter (AFL) to facilities when it receives 95% of total responses indicating no evidence of recorded criminal information from the DOJ; and, it processes 95% total responses requiring disqualification, no later than 45 days after the date that the report is received from the DOJ. [HSC 1338.5(a)(1)(A)]
- Prohibits facilities, after the AFL is issued, from allowing CNA trainees or newly hired CNAs to have direct contact with clients or residents prior to completion of the criminal record clearance. Makes a criminal record clearance complete when CDPH has obtained the person’s criminal offender record information from the DOJ and has determined that the person is not disqualified from engaging in the activity for which clearance is required. [HSC 1338.5(a)(1)(B)]
- Permits CDPH to deny an application for, initiate an action to suspend or revoke a certificate for, or deny a training and examination application for, a CNA/HHA for:
- Unprofessional conduct, including, but not limited to, 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;
- Conviction of a crime substantially related to the qualifications, functions, and duties of a certified nurse assistant if the state department determines that the applicant or certificate holder has not adequately demonstrated that he or she has been rehabilitated and will present a threat to the health, safety, or welfare of patients;
- Conviction for, or use of, any controlled substance, or any dangerous drug, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the CNA/HHA, any other person, or the public, to the extent that this use would impair the ability to conduct, with safety to the public, the practice authorized by a certificate;
- Procuring a certificate by fraud or misrepresentation or mistake;
- Making or giving any false statement or information in conjunction with the application for issuance of a certificate or training and examination application;
- Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate;
- Impersonating another CNA/HHA, 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; or
- Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to violate any provision or term of, existing law related to certification. [HSC §1337.9(b) and §1736.5(c)]
- Requires CDPH to take specified factors as evidence of good character and rehabilitation in determining whether or not to deny a CNA/HHA application for licensure or renewal. [HSC §1337.9(c) and §1736.5(c)(2)]
This bill:
- Revises and recasts a portion of existing law governing the training and certification of CNAs and HHAs, including provisions related to the denial of an application for certification or training, or the suspension or revocation of certification, licensure, or renewal. Aligns the two training and certification statutes with each other.
- Permits CDPH to deny an application for, or deny a training and examination application for, a CNA/HHA on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline if either:
- The applicant has been convicted of a crime within the preceding seven years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a CNA/HHA, regardless of whether the applicant was incarcerated for that crime or the applicant was convicted of a serious felony, as specified, or a sex crime for which registration is required; or,
- The applicant has been subjected to formal discipline by CDPH 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, and that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant. Prohibits the prior disciplinary action from being 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, as specified. Permits formal discipline that occurred earlier than seven years preceding the date of the application to 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, as specified.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application 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, 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 CDPH.
- Prohibits a person being denied a CNA/HHA certificate or training and examination application on the basis of any conviction, or on the basis of the acts underlying the conviction, that have been dismissed or expunged. Requires the applicant who has a conviction that has been dismissed to provide proof of that, if it is not reflected on the report furnished by the DOJ.
- Prohibits a person from being denied a CNA/HHA certificate or training and examination application 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, diversion, deferred entry of judgment, or a juvenile adjudication.
- Permits CDPH to deny a CNA/HHA certificate or training and examination application on the grounds that the applicant knowingly made a false statement of fact that is required to be revealed in the application. Prohibits CDPH from denying a CNA/HHA certificate or training and examination application based solely on an applicant’s failure to disclose a fact that would not have been cause for denial had it been disclosed.
- Requires CDPH to follow the following procedures in requesting or acting on an applicant’s criminal history information:
- Prohibits CDPH from requiring an applicant to disclose any information or documentation regarding the applicant’s criminal history prior to obtaining the person’s criminal offender record information search response information from the DOJ;
- Permits CDPH, after it has received the criminal offender record information, to request mitigating information from an applicant regarding their criminal history that is grounds for denial, for purposes of determining direct and adverse 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 will not be a factor in any decision to grant or deny a certificate for, or a training and examination application;
- Requires CDPH, if it decides to deny a training and examination application, to deny a certificate, or to revoke or suspend a certificate, to notify the applicant in writing, in addition to the reason for the determination and the right to appeal the determination (required under existing law):
- The procedure for the applicant to challenge the determination or to request reconsideration; and,
- The processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record.
- Deletes existing law that permits the denial of a certification or training application, or the suspension or revocation of a certificate, on the basis of a conviction for, or use of, controlled substances or alcoholic beverages, as specified.
- Deletes the requirement in existing law that a CNA/HHA, whose application was denied or certificate was suspended or revoked on the basis of a criminal conviction, provide the CDPH with a certified copy of the judgment of each conviction.
- Deletes the requirement in existing law that a CNA/HHA applicant, as part of the background clearance process, provide information as to whether or not they have any prior criminal convictions, any arrests within the past 12-month period, or any active arrests, and certify that, to the best of their knowledge, the information provided is true.
- Make other technical, clarifying changes.
FISCAL EFFECT:
This bill has not been analyzed by a fiscal committee.
COMMENTS:
- Author’s statement. According to the author, this bill is a crucial step toward ensuring a fair opportunity for people with past records to pursue meaningful caregiving careers while also addressing California’s direct care workforce shortage. People living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed and care for their families. AB 2138 (Chiu, Chapter 995, Statutes of 2018) vastly improved the ability of people with a conviction history to navigate the occupational licensing process for a range of different boards and bureaus regulated by the Department of Consumer Affairs (DCA), which include registered and vocational nursing, physicians and surgeons, clinical social workers, counselors and many more. While these standards ensure a fair opportunity for people with records to obtain a range of DCA-regulated patient care licenses, people seeking certifications regulated by CDPH for similar roles, such as CNAs and HHAs, are not afforded the same protections. This bill would close this gap and ensure that people with records seeking these certifications, including entry into training programs, are afforded the same opportunity as those seeking similar DCA-regulated patient care professions, and consideration of their past convictions be subject to the same standards already approved by the Legislature.
- Direct care workers. HHAs and CNAs are categorized by the U.S. Bureau of Labor Statistics (BLS) as “direct care workers,” which include HHAs, CNAs, and personal care aides. In general, personal care aides provide custodial care, while HHAs and CNAs provide both custodial and limited skilled care. According to a January 2023 California Health Care Foundation (CHCF) Issue Brief, direct care workers are paid to provide essential, hands-on, daily, and long-term assistance to older adults and people with disabilities. They work in a range of settings (from private homes to community and congregate settings), assisting their clients to maximize their quality of life and supporting their clients’ ability to remain in their own homes or communities when possible. Many of California’s direct care workers come from historically marginalized backgrounds: 80% are women, almost half (47%) are immigrants, and over three-quarters are people of color (38% Latino; 24% Asian, Native Hawaiian, and Pacific Islander; and 12% Black).
According to the CHCF Issue Brief, getting an accurate count of California’s direct care workforce is challenging. One reason is that the estimates include those employed by home health agencies and elder care service providers, but may not include independent providers. Additionally, direct care workers may have multiple jobs in different job categories, which could lead to double-counting. For example, a worker might have a full-time job at a nursing home as a CNA and pick up shifts as a personal care assistant at a second job. Finally, a hidden gray market for direct care workers occurs when consumers hire their own workers outside of a regulated program, making accurate counts of direct care workers even more complicated. According to the BLS, California had 978,490 direct care workers in May of 2024, including 875,110 personal care aides and HHAs (counted as a single category), and 102,380 CNAs.
- Training requirements and licensure. Applicants for both CNA and HHA certificates must be at least 16 years old and have completed a CDPH-approved training program. CNA certification requires a minimum of 160 hours of training, with 60 classroom hours and 100 clinical hours, obtained through facility-based clinical training. HHA certification requires 120 hours of training, only 75 of which can be classroom-based. HHA clinical training takes place in health facilities or through home health agencies. CDPH approves two different types of training programs for HHAs: a shorter “40-hour” program for applicants that are already CNAs, and therefore have already completed some related training, and the full 120-hour program for applicants without prior certification as a CNA. CDPH maintains a list of approved HHA and CNA training programs, which are offered through community colleges, private nursing schools and career colleges, public school districts, and health care facilities.
Beyond completing the training program and passing the competency evaluation examination, applicants for CNA and HHA certificates must obtain criminal record clearance from CDPH’s Criminal Background Section. This process includes an applicant’s disclosure of their criminal history and the submission of fingerprints to the DOJ. The DOJ provides the applicant’s criminal records to CDPH, which reviews the information and examines supporting documentation from courts and law enforcement as necessary. Decisions are made on a case-by-case basis that consider the nature and severity of the crime, the amount of time since the most recent conviction, and any evidence of rehabilitation. CNA and HHA licenses must be renewed every two years and require disclosure of any criminal conviction or health-related licensing, certification, or disciplinary authority action.
- Workforce shortages. According to the CHCF Issue Brief, over the next decade, demand for direct care workers will outpace supply in California. Growing demand is driven by an aging and increasingly diverse population, fewer working-aged adults and family caregivers to support this aging population, a growing desire to remain in home and community-based settings, and an increased need for complex care provided in facility-based long-term care settings. California’s Employment Development Department ranks HHAs and personal care aides as the fifth-fastest growing occupation from 2023 to 2033, projecting a 31% growth to 1.8 million positions in 2033. CNAs are also projected to grow by 8.4% to 150,000 positions in 2033. Despite the increased demand, the Public Policy Institute of California reports that projected direct care workforce shortages range from 600,000 to over three million workers over the next decade. Several factors constrain the supply of direct care workers. Direct care work is physically and emotionally demanding, yet wages remain low (around $5 to $10 below the state median of $27.38/hour), with 26% of workers earning under 150% of the federal poverty level and 40% qualifying for CalFresh. A high proportion of part-time positions also contributes to burnout and exhaustion, as some direct care workers take on multiple part-time jobs or take extra shifts at night or on weekends. Moreover, direct care workers on the front line during the COVID-19 pandemic received little support, supplies, or resources from their employers, further contributing to high rates of burnout, turnover, and fewer people willing to perform these jobs. According to a report from West Health, direct care workforce shortages strain families, who may need to choose between careers and caregiving due to a lack of direct care workers, and finances, as workforce shortages drive up costs and limit affordability.
- Broadening pathways for direct care work. According to the National Employment Law Project, expanding opportunities for people with past criminal records—around eight million Californians, as estimated by the California Policy Lab—could help bolster the direct care workforce. A national survey from the Alliance for Safety and Justice found that more than half of adults with a past felony conviction found it difficult to find a job, maintain employment, or make a living after completing their sentence. Careers that do not require college education and offer on-the-job training, like CNA or HHA positions, offer promising pipelines to stable careers. Some prisons provide training opportunities for inmates to gain relevant experience in the field, like the California Men’s Colony Gold Coats program, which trains healthy inmates to care for older inmates with dementia and cognitive impairments.
- Prior legislation. AB 1495 (Valencia, Chapter 400, Statutes of 2025) establishes requirements and standards for online training, distance learning training, or in-service training for HHAs; requires a person who provides training for an HHA to be either a registered nurse (RN) with at least two years nursing experience (with at least one year in home health care) or a licensed vocational nurse under the general supervision of the RN.
AB 2131 (Valencia, Chapter 380, Statutes of 2024) requires CDPH, twice a year, to update and publish on, its website, a list of approved training programs for CNAs and requires CDPH to solicit applications from vendors to provide the CNA exam in Spanish.
AB 2069 (Villapudua of 2022) would have established the California Home Health Aide Training Scholarship Act, administered by the Department of Health Care Access and Information (HCAI), to incentivize enrollment in home health aide training programs by awarding $1,500 scholarships. AB 2069 was vetoed by Governor Newsom, who stated, in part: I support the author's goal of expanding the home health aide workforce. However, this bill duplicates existing HCAI programs that provide funding and scholarships to support and expand the home health aide workforce throughout the state. An individual interested in becoming a home health aide can apply to HCAI's Allied Healthcare Scholarship Program for financial assistance.
AB 2138 (Chiu, Chapter 995, Statutes of 2018) limits a regulatory board's discretion to deny a new license application to cases where the applicant was formally convicted of a substantially related crime or subjected to formal discipline by a licensing board, with offenses older than seven years not eligible for license denial, with several exemptions.
SB 1384 (Mitchell, Chapter 847, Statutes of 2014) deletes the requirement that CDPH deny, suspend, or revoke a certificate of a CNA if the applicant or certificate holder had been convicted of a violation or attempted violation of one or more specified crimes.
- Support. Californians for Safety and Justice, the sponsors of the bill, state that Californians living with past convictions face lasting barriers to sustainable work, safe housing, education and other opportunities to succeed. The passage of AB 2138 improved the ability of those with a conviction history to navigate occupational licensing process for many boards within DCA but did not include CDPH-regulated CNA and HHA certification, professions that can provide a vital pathway to sustainable employment through accessible, short-term training programs. This bill would ensure that people with records seeking CNA or HHA certification are afforded the same opportunity as those in similar patient care professions, aligning the consideration of their past convictions to the same standards already approved by the legislature. These sentiments are echoed by organizing networks, social service providers, and criminal justice advocacy groups. The California Primary Care Association Advocates also share that community health centers often serve communities where individuals are seeking pathways to stable employment. By clarifying standards and due process protections in the CNA and HHA certification system, this bill will help community health centers recruit and retain critical staff to provide timely care, support aging populations, and address growing demand for home- and community-based services.
SUPPORT AND OPPOSITION:
Support: Californians for Safety and Justice (sponsor)
All of Us or None
California Primary Care Association Advocates
Center for Employment Opportunities
Community Legal Services in East Palo Alto
Courage California
Felony Murder Elimination Project
GLIDE
Legal Services for Prisoners with Children
Rubicon Program
Transitions Clinic Network
Oppose: None received.
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Bill Author
Bill Co-Author(s):