Article 2. Registry And Exemptions of California Health And Safety Code >> Division 2. >> Chapter 13. >> Article 2.
(a) Individuals who are not employed by a home care
organization but who provide home care services to a client may be
listed on the home care aide registry.
(b) An affiliated home care aide shall be listed on the home care
aide registry prior to providing home care services to a client.
(c) (1) Home care aides shall not include individuals who are
providing home care services as part of their job duties through one
of the following entities:
(A) Services authorized to be provided by a licensed home health
agency under Chapter 8 (commencing with Section 1725).
(B) Services authorized to be provided by a licensed hospice
pursuant to Chapter 8.5 (commencing with Section 1745).
(C) Services authorized to be provided by a licensed health
facility pursuant to Chapter 2 (commencing with Section 1250).
(D) In-home supportive services provided pursuant to Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and
Institutions Code.
(E) A community care facility licensed pursuant to Chapter 3
(commencing with Section 1500), a residential care facility for
persons with chronic life-threatening illness licensed pursuant to
Chapter 3.01 (commencing with Section 1568.01), a residential care
facility for the elderly licensed pursuant to Chapter 3.2 (commencing
with Section 1569), or a facility licensed pursuant to the
California Child Day Care Facilities Act, (Chapter 3.4 (commencing
with Section 1596.70)), which includes day care centers, as described
in Chapter 3.5 (commencing with Section 1596.90), family day care
homes, as described in Chapter 3.6 (commencing with Section 1597.30),
and employer-sponsored child care centers, as described in Chapter
3.65 (commencing with Section 1597.70).
(F) A clinic licensed pursuant to Section 1204 or 1204.1.
(G) A home medical device retail facility licensed pursuant to
Section 111656.
(H) An organization vendored or contracted through a regional
center or the State Department of Developmental Services pursuant to
the Lanterman Developmental Disabilities Services Act (Chapter 1
(commencing with Section 4500) of Division 4.5 of the Welfare and
Institutions Code) and the California Early Intervention Services Act
(Title 14 (commencing with Section 95000) of the Government Code) to
provide services and supports for persons with developmental
disabilities, as defined in Section 4512 of the Welfare and
Institutions Code, when funding for those services is provided
through the State Department of Developmental Services and more than
50 percent of the recipients of the home care services provided by
the organization are persons with developmental disabilities.
(I) An alcoholism or drug abuse recovery or treatment facility as
defined in Section 11834.02.
(J) A facility in which only Indian children who are eligible
under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.) are placed and is either of the following:
(i) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
(ii) A foster home that is licensed, approved, or specified by the
Indian child's tribe pursuant to Section 1915 of Title 25 of the
United States Code.
(2) Home care aides shall not include individuals providing
services authorized to be provided pursuant to Section 2731 of the
Business and Professions Code.
(d) Home care aides shall not include a nonrelative extended
family member, as defined in Section 362.7 of the Welfare and
Institutions Code.
(e) In the event of a conflict between this chapter and a
provision listed in subdivision (b), (c), or (d), the provision in
subdivision (b), (c), or (d) shall control.
This chapter shall not prohibit an individual from
employing an individual not listed on the home care aide registry to
provide home care services. The department shall have responsibility
only for the maintenance of the home care aide registry regarding
registered home care aides.
(a) A registered home care aide may provide home care
services to more than one child for a family, but may not provide
home care services for a child or children from more than one family
at the same time. This chapter shall not preclude a registered home
care aide from providing home care services for a child or children
of multiple families at different times. This chapter shall not
override provisions of the California Child Day Care Facilities Act
(Chapter 3.4 (commencing with Section 1596.70)), which includes
Chapter 3.5 (commencing with Section 1596.90), Chapter 3.6
(commencing with Section 1597.30), and Chapter 3.65 (commencing with
Section 1597.70).
(b) This chapter does not override provisions of the California
Community Care Facilities Act (Chapter 3 (commencing with Section
1500)), Residential Care Facilities for Persons With Chronic
Life-Threatening Illness Act (Chapter 3.01 (commencing with Section
1568.01)), or the California Residential Care Facilities for the
Elderly Act (Chapter 3.2 (commencing with Section 1569)).
(a) Each home care organization shall be separately
licensed. This chapter does not prevent a licensee from obtaining
more than one home care organization license or obtaining a home care
organization license in addition to other licenses issued by the
department, or both.
(b) A home care organization does not include the following:
(1) A home health agency licensed under Chapter 8 (commencing with
Section 1725).
(2) A hospice licensed under Chapter 8.5 (commencing with Section
1745).
(3) A health facility licensed under Chapter 2 (commencing with
Section 1250).
(4) A person who performs services through the In-Home Supportive
Services program pursuant to Article 7 (commencing with Section
12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95,
14132.952, or 14132.956 of, the Welfare and Institutions Code.
(5) A home medical device retail facility licensed under Section
111656.
(6) An organization vendored or contracted through a regional
center or the State Department of Developmental Services pursuant to
the Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code)
and the California Early Intervention Services Act (Title 14
(commencing with Section 95000) of the Government Code) to provide
services and supports for persons with developmental disabilities, as
defined in Section 4512 of the Welfare and Institutions Code, when
funding for those services is provided through the State Department
of Developmental Services and more than 50 percent of the recipients
of the home care services provided by the organization are persons
with developmental disabilities.
(7) An employment agency, as defined in Section 1812.5095 of the
Civil Code, that procures, offers, refers, provides, or attempts to
provide an independent home care aide who provides home care services
to clients.
(8) A community care facility licensed pursuant to Chapter 3
(commencing with Section 1500), a residential care facility for
persons with chronic life-threatening illness licensed pursuant to
Chapter 3.01 (commencing with Section 1568.01), a residential care
facility for the elderly licensed pursuant to Chapter 3.2 (commencing
with Section 1569), or a facility licensed pursuant to the
California Child Day Care Facilities Act (Chapter 3.4 (commencing
with Section 1596.70)), which includes day care centers, as described
in Chapter 3.5 (commencing with Section 1596.90), family day care
homes, as described in Chapter 3.6 (commencing with Section 1597.30),
and employer-sponsored child care centers, as described in Chapter
3.65 (commencing with Section 1597.70).
(9) An alcoholism or drug abuse recovery or treatment facility as
defined in Section 11834.02.
(10) A person providing services authorized pursuant to Section
2731 of the Business and Professions Code.
(11) A clinic licensed pursuant to Section 1204 or 1204.1.
(12) A nonrelative extended family member, as defined in Section
362.7 of the Welfare and Institutions Code.
(13) A facility providing home care services in which only Indian
children who are eligible under the federal Indian Child Welfare Act
(25 U.S.C. Sec. 1901 et seq.) are placed and which satisfies either
of the following:
(A) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
(B) A foster home that is licensed, approved, or specified by the
Indian child's tribe pursuant to Section 1915 of Title 25 of the
United States Code.
(14) Any other individual or entity providing services similar to
those described in this chapter, as determined by the director.
(c) In the event of a conflict between this chapter and a
provision listed in subdivision (b), the provision in subdivision (b)
controls.