Section 1796.24 Of Article 4. Registration From California Health And Safety Code >> Division 2. >> Chapter 13. >> Article 4.
1796.24
. (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.