§ 1796.18. — 1796.18. (Added by Stats. 2023, Ch. 43, Sec. 24.)

California § 1796.18.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.: DIVISION 2. LICENSING PROVISIONS
• Ch. 13.: CHAPTER 13. Home Care Services
• Art. 2.: ARTICLE 2. Registry and Exemptions

Text

(a)
The department may prohibit an individual from becoming a registered home care aide, or remaining registered on the home care aide registry, if the individual has done any of the following:
(1)
Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or implementing regulations.
(2)
Engaged in conduct that is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from a home care organization, or the people of the State of California.
(3)
Been denied a criminal record exemption by the department, when that person has been
convicted of a crime specified in Section 1522.
(4)
Engaged in any other conduct that would constitute a basis for disciplining a registered home care aide or licensee of a home care organization.
(5)
Engaged in acts of financial malfeasance.
(b)
(1)
The department may require the immediate removal of an individual listed in subdivision (a) from contact with clients, prospective clients, or confidential client information of a home care organization, and the home care aide registry shall reflect this action pending a final decision on the matter, when it is necessary to protect a client from physical or mental abuse, abandonment, or any other substantial threat to their health or safety.
(2)
If the department requires the immediate
removal of an individual listed in subdivision (a), the department shall serve an order of immediate exclusion upon the excluded person, which shall notify the excluded person of the basis of the department’s action and of the excluded person’s right to a hearing. The department shall provide copies of this order to all home care organizations to which the registered home care aide is affiliated.
(3)
The notice shall be served either by personal service or registered mail. Within 15 calendar days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The department’s action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do both of the following upon receipt of a written appeal:
(A)
Within 30 calendar days of receipt of the
appeal, serve an accusation upon the excluded person.
(B)
Within 60 calendar days of receipt of a notice of defense by the excluded person pursuant to Section 11506 of the Government Code, the department shall begin a hearing on the accusation.
(4)
An order of immediate exclusion may exclude an individual listed in subdivision (a) from a home care organization, the home care aide registry, or both, and shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the director fails to make a final determination on the merits within 60 calendar days after the proposed decision is issued.
(c)
An excluded person who files a written appeal with the department pursuant to this section shall, as part
of the written request, provide their current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address within 48 hours of the change, until the hearing process has been completed or terminated.
(d)
Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department.
(e)
(1)
The department may institute or continue a disciplinary proceeding against an individual listed in subdivision (a), upon any ground provided by this section, or enter an order prohibiting any person from being a member of the board of directors or governing body, an executive director, an officer, a
licensee, or from contact with clients, prospective clients, or access to confidential client information of the home care organization or otherwise take disciplinary action against the excluded person, notwithstanding any withdrawal of registry application, withdrawal of home care organization application, resignation, withdrawal of employment application, surrender of registration, surrender of home care organization license, forfeiture, change of duties, discharge, failure to hire, reassignment of the excluded person by the licensee, or that the excluded person no longer has contact with clients of the home care organization.
(2)
A licensee’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1796.38.
(f)
If the excluded person appealed the exclusion order, and the
exclusion order was upheld through the administrative hearing process, the person shall be prohibited for the remainder of the excluded person’s life, unless otherwise ordered by the department, from doing any of the following:
(1)
Serving as a member of the board of directors or governing body, an executive director, an officer, or a licensee of a home care organization.
(2)
Being employed at, continuing employment of, or volunteering at a home care organization if the individual has contact with clients, prospective clients, or confidential client information of a home care organization.
(3)
Becoming, or continuing to be, a registered home care aide.
(4)
Having contact with clients, prospective clients, or access to confidential client information of
a home care organization.
(g)
If the department informed the excluded person of their right to appeal the exclusion order and the excluded person did not appeal the exclusion order, the excluded person shall be prohibited by the department from engaging in the activities set forth in paragraphs (1) to (4), inclusive, of subdivision (f) for the remainder of the excluded person’s life, unless otherwise ordered by the department.
(h)
The excluded individual may petition for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the decision and order.

Legislative History

Added by Stats. 2023, Ch. 43, Sec. 24. (AB 120) Effective July 10, 2023.