2010 California Code
Welfare and Institutions Code
Article 9. Paid Care Provider Requirements

15670.  The Legislature finds and declares all of the following:
   (a) Instances of elder and dependent adult abuse are on the rise,
with the majority of the abuse occurring in the home of elderly or
dependent person by noncertified caregivers.
   (b) This state has a responsibility to protect these persons and
to see that they are safeguarded from individuals who may pose a
threat to their well-being.
   (c) Criminal background checks of individuals who provide personal
care services to elder and dependent adults, while not ending all
occurrences of abuse, will serve as a factor in reducing some of
these occurrences and giving senior citizens, dependent adults, and
their families a sense of security that care is not being
administered by individuals with dangerous criminal backgrounds.
   (d) An effective background check program will be timely,
affordable, and encompass caregivers in domestic and institutional
settings.
   (e) Individuals providing personal care services to elder and
dependent adults should be well trained and appropriately compensated
for their services to foster the creation of a long-term,
professional work force.
   (f) Therefore, it is the intent of the Legislature in enacting
this article that certified nurse assistants and certified home
health aides shall be subject to a criminal background check.
   (g) It is the intent of the Legislature that the State Department
of Social Services prepare a plan by January 1, 1996, to implement a
program of criminal background checks for in-home care providers
employed under the In-Home Supportive Services program (Article 7
(commencing with Section 12300) of Chapter 3 of Part 3). The plan
shall be made available to the Legislature upon request.



15671.  (a) All initial certified nurse assistant and certified home
health aide applicants, shall as a requirement for certification,
undergo a criminal background check pursuant to Section 1338.5 of the
Health and Safety Code.
   (b) Nurse assistants certified prior to July 1, 1998, shall, as a
condition of renewal of their certificates, undergo a criminal
background check pursuant to subdivision (a) of Section 1337.6 and
Section 1338.5 of the Health and Safety Code. Commencing July 1,
1998, pursuant to Section 1338.5 of the Health and Safety Code, nurse
assistant applicants whose applications were submitted on or after
July 1, 1998, shall undergo a criminal background check.



15673.  Home health aides certified prior to July 1, 1998, shall, as
a condition of renewal of their certificates, undergo a criminal
background check pursuant to Section 1736.6 of the Health and Safety
Code. Commencing July 1, 1998, pursuant to Section 1736.6 of the
Health and Safety Code, home health aide applicants whose
applications are submitted on or after July 1, 1998, shall undergo a
criminal background check.



15675.  (a) Unless otherwise prohibited by law, the Department of
Justice shall make available to the State Department of Health
Services, at no cost, access to the California Law Enforcement
Telecommunications System as established pursuant to Chapter 2.5
(commencing with Section 15150) of Part 6 of Division 3 of Title 2 of
the Government Code.
   (b) (1) As an alternative to the requirement of subdivision (a),
the Department of Justice and the State Department of Health Services
may negotiate and enter into a contract that specifies the method
and terms upon which the cost of the Department of Justice to access
the California Law Enforcement Telecommunications System for purposes
of the State Department of Health Services are allocated between the
respective departments.
   (2) During the operation of this contract, subdivision (a) shall
not apply. However, subdivision (a) shall apply upon the termination,
for any reason, of the contract and the contract shall not contain
provisions to the contrary.
   (3) The contract shall not contain provisions inconsistent with
any law that prescribes the extent to which an applicant for
licensure, a permit, or certification, or employees, or volunteers
shall or shall not pay for a criminal record background check.