1522.08
. (a) In order to protect the health and safety of persons
receiving care or services from individuals or facilities licensed or
certified by the state, the following information may be shared:
(1) The California Department of Aging, State Department of Public
Health, State Department of Health Care Services, State Department
of Social Services, and the Emergency Medical Services Authority may
share information with respect to applicants, licensees,
certificates, or individuals who have been the subject of any
administrative action resulting in the denial, suspension, probation,
or revocation of a license, permit, or certificate, or in the
exclusion of any person from a facility who is subject to a
background check, as otherwise provided by law.
(2) The State Department of Social Services and county child
welfare agencies may share information with respect to applicants,
licensees, certificates, or individuals who have been the subject of
any administrative action resulting in the denial, suspension,
probation, or revocation of a license, permit, or certificate, or in
the exclusion of any person from a facility who is subject to a
background check, as otherwise provided by law.
(b) The State Department of Social Services shall maintain a
centralized system for the monitoring and tracking of final
administrative actions, to be used by the California Department of
Aging, State Department of Public Health, State Department of Health
Care Services, State Department of Social Services, the Emergency
Medical Services Authority, and county child welfare agencies as a
part of the background check process. The State Department of Social
Services may charge a fee to departments under the jurisdiction of
the California Health and Human Services Agency and to county child
welfare agencies sufficient to cover the cost of providing those
departments with the final administrative action specified in
subdivision (a). To the extent that additional funds are needed for
this purpose, implementation of this subdivision shall be contingent
upon a specific appropriation provided for this purpose in the annual
Budget Act.
(c) The State Department of Social Services, in consultation with
the other departments under the jurisdiction of the California Health
and Human Services Agency, may adopt regulations to implement this
section.
(d) For the purposes of this section and Section 1499,
"administrative action" means any proceeding initiated by the
California Department of Aging, State Department of Public Health,
State Department of Health Care Services, State Department of Social
Services, and the Emergency Medical Services Authority to determine
the rights and duties of an applicant, licensee, or other individual
or entity over which the department has jurisdiction. "Administrative
action" may include, but is not limited to, action involving the
denial of an application for, or the suspension or revocation of, any
license, special permit, administrator certificate, criminal record
clearance, or exemption.