§ 1796.26. — 1796.26. (Amended by Stats. 2022, Ch. 581, Sec. 10.)

California § 1796.26.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.: DIVISION 2. LICENSING PROVISIONS
• Ch. 13.: CHAPTER 13. Home Care Services
• Art. 4.: ARTICLE 4. Registration

Text

(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)
The individual procured or attempted to procure their registered home care aide registration or renewal by fraud or misrepresentation.
(B)
The individual has a criminal conviction, other than an infraction, unless an exemption is granted pursuant to Section 1522 or 1522.7.
(C)
The individual 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An individual whose registration has been revoked shall not reapply until they meet the timeframe as set forth in Section 1796.40 or 1796.41.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 their 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 they meet 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.

Legislative History

Amended by Stats. 2022, Ch. 581, Sec. 10. (AB 1720) Effective January 1, 2023.