Section 1575.7 Of Article 3. Licensure From California Health And Safety Code >> Division 2. >> Chapter 3.3. >> Article 3.
1575.7
. (a) (1) The State Department of Public Health, prior to
issuing a new license, shall obtain a criminal record clearance for
the administrator, program director, and fiscal officer of the
proposed adult day health care center. The department shall obtain
the criminal record clearances each time these positions are to be
filled. When the conditions set forth in paragraph (3) of subdivision
(a) of Section 1265.5, subparagraph (A) of paragraph (1) of
subdivision (a) of Section 1338.5, and paragraph (1) of subdivision
(a) of Section 1736.6 are met, the licensing and certification
program shall issue an All Facilities Letter (AFL) informing facility
licensees. After the AFL is issued, facilities shall not allow newly
hired administrators, program directors, and fiscal officers to have
direct contact with clients or residents of the facility prior to
completion of the criminal record clearance. A criminal record
clearance shall be complete when the department has obtained the
person's criminal offender record information search response from
the Department of Justice and has determined that the person is not
disqualified from engaging in the activity for which clearance is
required.
(2) The criminal record clearance shall require the administrator,
program director, and fiscal officer to submit electronic
fingerprint images to the Department of Justice.
(3) 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 taken against
him or her by any federal, state, or local government agency and
shall certify that, to the best of his or her 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 application or exemption or revocation of any
exemption previously granted.
(b) A past conviction of any crime, especially any crime involving
misuse of funds or involving physical abuse shall, in the discretion
of the department, be grounds for denial of the license, and shall
be grounds to prohibit the person from providing services in an adult
day health care center.
(c) Suspension of the applicant from the Medi-Cal program or prior
violations of statutory provisions or regulations relating to
licensure of a health facility, community care facility, or clinic
shall also be grounds for a denial of licensure, where determined by
the state department to indicate a substantial probability that the
applicant will not comply with this chapter and regulations adopted
hereunder.
(d) No applicant which is licensed as a health facility, community
care facility, or clinic may be issued a license for an adult day
health care center while there exists a subsisting, uncorrected
violation of the statutes or regulations relating to such licensure.
(e) 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.
(f) Notwithstanding any other provision of law, the department may
provide an individual with a copy of his or her 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
written request. The department shall retain a copy of the individual'
s written request and the response and date provided.