Article 4. Registration of California Health And Safety Code >> Division 2. >> Chapter 13. >> Article 4.
A registered home care aide shall be 18 years of age or
older.
Any individual who has submitted a home care aide
application and who possesses any one of the following identification
cards may initiate a background examination to be a registered home
care aide:
(a) A valid California driver's license.
(b) A valid identification card issued by the Department of Motor
Vehicles.
(c) A valid Alien Registration Card.
(d) In the case of a person living in a state other than
California, a valid numbered photo identification card issued by an
agency of the state other than California.
(a) Each person initiating a background examination to be
a registered home care aide shall submit his or her fingerprints to
the Department of Justice by electronic transmission in a manner
approved by the department, unless exempt under subdivision (d). Each
person initiating a background examination to be a registered home
care aide shall also submit to the department a signed declaration
under penalty of perjury regarding any prior criminal convictions
pursuant to Section 1522 and a completed home care aide application.
(b) A law enforcement agency or other local agency authorized to
take fingerprints may charge a reasonable fee to offset the costs of
fingerprinting for the purposes of this chapter. The fee revenues
shall be deposited in the Fingerprint Fees Account.
(c) The Department of Justice shall use the fingerprints to search
state and Federal Bureau of Investigation criminal offender record
information pursuant to Section 1522.
(d) A person who is a current licensee or employee in a facility
licensed by the department, a certified foster parent, a certified
administrator, or a registered TrustLine provider need not submit
fingerprints to the department, and may transfer his or her current
criminal record clearance or exemption pursuant to paragraph (1) of
subdivision (h) of Section 1522. The person shall instead submit to
the department, along with the person's registration application, a
copy of the person's identification card described in Section 1796.22
and sign a declaration verifying the person's identity.
(a) (1) The department shall establish a home care aide
registry pursuant to this chapter and shall continuously update the
registry information. Upon submission of the home care aide
application and fingerprints or other identification documents
pursuant to Section 1796.22, the department shall enter into the home
care aide registry the person's name, identification number, and an
indicator that the person has submitted a home care aide application
and fingerprints or identification documentation. This person shall
be known as a "home care aide applicant."
(2) A person shall not be entitled to apply to be a registered
home care aide and shall have his or her registration application
returned without the right to appeal if the person would not be
eligible to obtain a license pursuant to Section 1796.40 or 1796.41.
(b) (1) Before approving an individual for registration, the
department shall check the individual's criminal history pursuant to
Section 1522. Upon completion of the searches of the state summary
criminal offender record information and the records of the Federal
Bureau of Investigation, the home care aide applicant shall be issued
a criminal record clearance or granted a criminal record exemption
if grounds do not exist for denial pursuant to Section 1522. The
department shall enter that finding in the person's record in the
home care aide registry and shall notify the person of the action.
This person shall be known as a "registered home care aide." If the
home care aide applicant meets all of the conditions for
registration, except receipt of the Federal Bureau of Investigation's
criminal offender record information search response, the department
may issue a clearance if the home care aide applicant has signed and
submitted a statement that he or she has never been convicted of a
crime in the United States, other than a minor traffic violation. If,
after approval, the department determines that the registrant has a
criminal record, registration may be revoked pursuant to Section
1796.26.
(2) For purposes of compliance with this section, the department
may permit a home care organization applicant or a home care
organization licensee to request the transfer of a home care aide's
current criminal record clearance or exemption for a licensed care
facility issued by the department. A signed criminal record clearance
or exemption transfer request shall be submitted to the department
and shall include a copy of the person's driver's license or valid
identification card issued by the Department of Motor Vehicles, or a
valid photo identification issued by another state or the United
States government if the person is not a California resident. Upon
request of the licensee or home care aide applicant, the department
shall verify whether the individual has a clearance or exemption that
can be transferred pursuant to the requirements of this chapter.
(3) The department shall hold criminal record clearances and
exemptions in its active files for a minimum of three years after the
individual is no longer on the registry in order to facilitate a
transfer request.
(a) (1) If the department finds that the home care aide
applicant or the registered home care aide has been convicted of a
crime, other than a minor traffic violation, the department shall
deny the home care aide application, or revoke the registered home
care aide's registration unless the director grants an exemption
pursuant to subdivision (g) of Section 1522.
(2) If the department finds that the home care aide applicant or
registered home care aide has an arrest as described in subdivision
(a) of Section 1522, the department may deny the registration
application or registration renewal application, or revoke the
registered home care aide's registration, if the home care aide or
registered home care aide may pose a risk to the health and safety of
any person who is or may become a client and the department complies
with subdivision (e) of Section 1522.
(3) The department may deny the home care aide application or the
renewal application of a registered home care aide, or revoke the
home care aide registration, if the department discovers that it had
previously revoked a license or certificate of approval to be a
certified family home, a certified administrator, or a registered
trustline provider held by the home care aide applicant or registered
home care aide, or that it had excluded the home care aide applicant
or registered home care aide from a licensed facility.
(4) The department may deny the home care aide application or
registered home care aide registration renewal application for
placement or retention upon the home care aide registry, or revoke
the registered home care aide's registration, if the department
discovers that it had previously denied the home care aide applicant'
s or registered home care aide's application for a license from the
department or certificate of approval to be a certified family home,
a certified administrator, or a registered trustline provider.
(b) (1) If the department revokes or denies a home care aide
application or registered home care aide's renewal application
pursuant to subdivision (a), the department shall advise the home
care aide applicant or registered home care aide, by written
notification, of the right to appeal. The home care aide applicant or
registered home care aide shall have 15 days from the date of the
written notification to appeal the denial or revocation.
(2) Upon receipt by the department of the appeal, the appeal shall
be set for hearing. The hearing shall be conducted in accordance
with Section 1551.
(c) If the home care aide application or registered home care aide
renewal application is denied, the home care aide applicant or
registered home care aide shall not reapply until he or she meets the
timeframe set forth in Sections 1796.40 and 1796.41.
(a) (1) The department may revoke or deny a registered
home care aide's registration or request for registration renewal if
any of the following apply to the registered home care aide:
(A) He or she procured or attempted to procure his or her
registered home care aide registration or renewal by fraud or
misrepresentation.
(B) He or she has a criminal conviction, other than a minor
traffic violation, unless an exemption is granted pursuant to Section
1522.
(C) He or she engages or has engaged in conduct that is inimical
to the health, morals, welfare, or safety of the people of the State
of California or an individual receiving or seeking to receive home
care services.
(2) An individual whose registration has been revoked shall not
reapply until he or she meets the timeframe as set forth in Section
1796.40 or 1796.41.
(3) An individual whose criminal record exemption has been denied
shall not reapply for two years from the date of the exemption
denial.
(4) The hearing to revoke or deny the registered home care aide
registration or registration renewal request shall be conducted in
accordance with Section 1551.
(b) (1) The registered home care aide's registration shall be
considered forfeited under the following conditions:
(A) The registered home care aide has had a license or certificate
of approval revoked, suspended, or denied as authorized under
Section 1534, 1550, 1568.082, 1569.50, 1596.608, or 1596.885.
(B) The registered home care aide has been denied employment,
residence, or presence in a facility or client's home based on action
resulting from an administrative hearing pursuant to Section 1558,
1568.092, 1569.58, or 1596.8897.
(C) The registered home care aide fails to maintain a current
mailing address with the department.
(D) The registered home care aide's registration is not renewed.
(E) The registered home care aide surrenders his or her
registration to the department.
(F) The registered home care aide dies.
(2) An individual whose registered home care aide registration has
been forfeited shall not reapply until he or she meets the timeframe
set forth by the department in Sections 1796.40 and 1796.41.
(c) A registered home care aide's registration shall not be
transferred or sold to another individual or entity.
(a) The Department of Justice shall maintain and
continually update pertinent criminal offender record information of
registered home care aides and shall inform the department of
subsequent reports received pursuant to Section 11105.2 of the Penal
Code. The department shall continually update the home care aide
registry pursuant to the actions required in this chapter.
(1) Registered home care aides and home care aide applicants shall
maintain a current mailing address with the department.
(2) Registered home care aides and home care aide applicants shall
inform the department of any new mailing address in writing within
10 days of a change in address.
(b) Notwithstanding any other law, including Part 3 (commencing
with Section 900) of Division 3.6 of Title 1 of the Government Code,
state officers or employees shall not be liable for any damages
caused by their conduct pursuant to this chapter except for
intentional acts or gross negligence.
The department shall do both of the following in the
administration of the home care aide registry:
(a) Establish and maintain on the department's Internet Web site
the registry of registered home care aides and home care aide
applicants.
(1) To expedite the ability of a consumer to search and locate a
registered home care aide or home care aide applicant, the Internet
Web site shall enable consumers to look up the registration status by
providing the registered home care aide's or home care aide
applicant's name, registration number, registration status,
registration expiration date, and, if applicable, the home care
organization with which the affiliated home care aide is associated.
(2) The Internet Web site shall not provide any additional,
individually identifiable information about a registered home care
aide or home care aide applicant. The department may request and may
maintain additional information for registered home care aides or
home care aide applicants, as necessary for the administration of
this chapter, that shall not be publicly available on the home care
aide registry.
(b) Update the home care registry upon receiving notification from
a home care organization that an affiliated home care aide is no
longer employed by the home care organization.