1743.9
. (a) To qualify for a private duty nursing agency license,
the following requirements shall be met:
(1) Every applicant shall satisfy the following conditions:
(A) Be of good moral character. If the applicant is a firm,
association, organization, partnership, business trust, corporation,
or company, all principal managing members thereof, and the person in
charge of the agency for which application for a license is made,
shall satisfy this requirement. If the applicant is a political
subdivision of the state or other governmental agency, the person in
charge of the agency for which application for a license is made
shall satisfy this requirement.
(B) Possess and demonstrate the ability to comply with this
chapter and the rules and regulations adopted under this chapter by
the department.
(C) File his or her application pursuant to and in full compliance
with this chapter.
(2) (A) The following persons shall submit to the department an
application, and shall submit fingerprint images and related
information to the Department of Justice, for the furnishing of the
person's criminal record to the department, at the person's expense
as provided in subdivision (b), for the purpose of a criminal record
review:
(i) The owner or owners of a private agency if the owners are
individuals.
(ii) If the owner of a private agency is a corporation,
partnership, or association, any person having a 10 percent or
greater interest in that corporation, partnership, or association.
(iii) The administrator of a private duty nursing agency.
(3) 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 initial 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 the clearance is
required.
(b) 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.
(4) 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.
(c) The persons specified in paragraph (2) of subdivision (a)
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
electronic fingerprint images and related information, shall not
exceed thirty-two dollars ($32) per submission.
(d) If the criminal record review conducted pursuant to paragraph
(2) of subdivision (a) discloses a conviction for a felony or any
crime that evidences an unfitness to provide private duty nursing
services, the application for a license shall be denied, or the
person shall be prohibited from providing service in the private duty
nursing agency applying for a license. This subdivision shall not
apply to deny a license or prohibit the provision of service if the
person presents evidence satisfactory to the department that the
person has been rehabilitated and presently is of that good character
that justifies the issuance of the license or the provision of
service in the private duty nursing agency.