Pursuant to the Governor's Executive Order N-39-20 (PDF) related to the COVID-19 state of emergency, the Director of the California Department of Public Health (CDPH) may waive any of the professional certification requirements and amend scopes of practice of Chapter 8 of Division 2 of the Health and Safety Code (HSC) and accompanying regulations with respect to HHAs. Any waiver shall include alternative measures that, under the circumstances, ensure the facility treats patients while protecting public health and safety. CDPH is temporarily waiving specified HHA requirements and suspending regulatory enforcement of the following provisions as specified in this AFL.
Due to ongoing circulation of more transmissible variants of the SARS-CoV-2 virus and the continuing incidence of COVID-19 in California, and in compliance with Executive Order N-11-22 (PDF), the temporary waivers contained in this AFL have been extended until the end of the declared COVID-19 emergency.
1. HSC section 1736.2(c): HHAs in an active status are encouraged to renew following normal timelines. HHAs seeking certificate renewal may continue to work without completing the application process.
The Centers for Medicare and Medicaid Services' COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (PDF) modified the requirements for completing the annual 12 hours of in-service training. The federal waiver temporarily allows HHAs to renew without submitting the required 24 hours of in-service training completed during the certification period, until the end of the first full quarter after the declaration of the Public Health Emergency (PHE) concludes.
2. HSC section 1736.2: HHAs whose certification expired within the previous two years, or whose certification will expire during the state of emergency, may work as an HHA until the end of the declared COVID-19 emergency, without renewal. All facilities must check CDPH's online verification page to verify employment eligibility. Only those HHAs with a status of "active" or "employable during state of emergency", or who have a copy of their certificate that has been expired within the previous two years may be employed.
Program Flexibility Requests
Requests for program flexibility not specified in this AFL must be submitted to Healthcare Workforce Branch, CNA Review/eLearning & Licensing Section via email at firstname.lastname@example.org using the CDPH 5000A (PDF). All program flexibility requests are reviewed by CDPH on a case-by-case basis.
If you have any questions about this AFL, please contact the Healthcare Workforce Branch, CNA Review/eLearning & Licensing Section via email at email@example.com. Please include reference to AFL 20-49.6: Suspension of Professional Certification Requirements for HHAs in the subject line of the email.
Original signed by Cassie Dunham