§ 1736.1. — 1736.1. (Amended by Stats. 2018, Ch. 838, Sec. 9.)

California § 1736.1.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.: DIVISION 2. LICENSING PROVISIONS
• Ch. 8.: CHAPTER 8. Home Health Agencies

Text

(a)
An applicant for certification as a certified home health aide shall comply with each of the following requirements:
(1)
Have successfully completed a training program with a minimum of 75 hours or an equivalent competency evaluation program approved by the department pursuant to applicable federal and state regulations.
(2)
Obtain a criminal record clearance pursuant to Section 1736.6.
(b)
(1)
No later than July 1, 2019, the department shall require the applicant to provide either the individual taxpayer identification number or social security number for purposes of
applying for a certificate or the renewal of a certificate.
(2)
If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individual’s taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)
The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45
of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)
The department shall not do either of the following:
(A)
Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)
Deny licensure to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)
Any person who violates this article is guilty of a misdemeanor and, upon a conviction thereof, shall be punished by imprisonment in the county jail for not more than 180 days, or by a fine of not less
than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.

Legislative History

Amended by Stats. 2018, Ch. 838, Sec. 9. (SB 695) Effective January 1, 2019.