Licensing: certified nurse assistants and home health aides.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
In Floor Process
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill changes how California certifies and licenses certified nurse assistants (CNAs) and home health aides. Instead of automatically denying applications or suspending certifications based solely on a criminal conviction, the Department of Public Health must now consider evidence of good character and rehabilitation, such as completion of a rehabilitation program or a pardon. The bill also extends the time an applicant has to provide this evidence and clarifies the department’s procedures for requesting and acting on criminal history information, including requiring a Department of Justice report before requesting mitigating information.
Key provisions
- The Department of Public Health must consider evidence of good character and rehabilitation when denying applications or suspending certifications for CNAs and home health aides.
- Applicants or certificate holders with a criminal conviction have two years to provide evidence of rehabilitation to overcome the denial.
- The department must obtain a criminal offender record information search from the Department of Justice before requesting mitigating information.
- The department must notify applicants in writing of the reasons for denial and provide a process for challenging the decision.
- The bill clarifies the circumstances under which a certificate can be suspended, including for professional misconduct involving financial abuse or sexual exploitation.
- The department must notify employers of a denial or suspension.
- The bill addresses the process for criminal record clearances, including electronic submission of fingerprint images.
Bill text
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Sponsors
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1 on record
Primary sponsor
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