Section 1736.6 Of Chapter 8. Home Health Agencies From California Health And Safety Code >> Division 2. >> Chapter 8.
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
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. 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 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 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. 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 department's Licensing and Certification Program shall
explore and implement methods for maximizing its efficiency in
processing criminal record clearances within the requirements of law,
including a streamlined clearance process for persons that have been
disqualified in the basis of criminal convictions that do not
require automatic denial pursuant to subdivision (a) of Section
1736.5.
(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 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.
(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 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, 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.