Criminal Record Review
The California Department of Public Health (CDPH), Investigations Branch, Criminal Background Section conducts criminal record reviews for initial certification, as well as maintaining active certificates. The purpose of the criminal record review process is to ensure the health, safety and well-being of the elderly, and/or individuals with disabilities cared for by certified nurse assistants (CNA), home health aide (HHA), and/or direct care staff. The criminal record review process includes the review of convictions substantially related to the qualifications, functions or duties of a CNA, HHA, and direct care staff.
Certified Hemodialysis Technicians (CHT) are not required to undergo a fingerprint base background check, pursuant to Business & Professions Code Section 1247.66(b) the California Department of Public Health may deny, suspend, or revoke the certification of a hemodialysis technician for any of the following causes:
- Unprofessional conduct, which includes incompetence or gross negligence in carrying out his or her usual functions.
- Procuring a certificate by fraud, misrepresentation, or mistake.
- Making or giving any false statement or information in conjunction with the application for issuance or renewal of a certificate.
- Conviction of a crime substantially related to the qualifications, functions, and duties of a hemodialysis technician in which event the record of the conviction shall be conclusive evidence thereof.
Frequently Asked Questions
All applicants for a license, certificate or employment in an Intermediate Care Facility must obtain and maintain criminal record clearance. A review of the individual’s criminal record begins upon submission of fingerprints to the Department of Justice (DOJ). Upon receipt of a notification from the DOJ the California Department of Public Health reviews the information to determine if that individual has any convictions on their record.
All initial applicants seeking a license, certificate or employment in an Intermediate Care Facility with the CDPH must undergo a criminal record review, in addition to any certificate or license holder upon notification of a new conviction from the DOJ.
A criminal record review includes analyzing the criminal record information provided by the DOJ in addition to, supporting documentation from law enforcement and the courts. The length of review time varies depending on the applicant/certificate holder’s compliance, the number of convictions and timely communication from various criminal justice agencies.
All convictions must be reported to the CDPH even if the court granted a dismissal pursuant to PC 1203.4 or any other applicable statute, with the exception of marijuana-related offenses specified in the marijuana reform legislation and codified in Health and Safety Code sections 11361.5 and 11361.7
All convictions will be reviewed on a case by case basis, and the CDPH will take into consideration the nature and severity of the crime, and the amount of time that has passed since the most recent conviction, in addition to other factors.
A Notice of Denial or Notice of Revocation or Notice of Suspension letter is sent to applicants and/or certificate holders, who are not granted criminal record clearance. Upon receipt of the denial or revocation or suspension letter the individual may not work or advertise as a CNA and/or a HHA.
It is the applicant and/or certificate holder’s responsibility to provide the CDPH with a current mailing address within 60 days.
Laws and Regulations/Legal Authority for Criminal Record Reviews
CNAs - California Health and Safety Code, Sections 1337 to 1338.5
- California Code of Regulations, Title 22, Division 5, Chapter 2.5
- Code of Federal Regulations, Title 42, Chapter 4
HHAs- California Health and Safety Code, Sections 1736 to 1736.7
- California Code of Regulations, Title 22, Division 5, Chapter 6
- Code of Federal Regulations, Title 42, Chapter 4
ICFs- California Health and Safety Code, Sections 1265.5
- California Code of Regulations, Title 22, Division 5, Chapter 8.5
CHTs- California Business & Professions Code, Sections 1247 to 1247.9
- Code of Federal Regulations, Title 42, Chapter 4
Resource Links
Contact Us
For information regarding Criminal Background Clearance for CNAs, HHAs, and direct care staff in Intermediate Care Facilities (ICF), please contact the Criminal Background Section.
Mailing Address:
Criminal Background Section
P.O. Box 997416, MS 3304
Sacramento, CA 95899-7416
Telephone:
(916) 327-2445
Fax:
(916) 449-5775 or (916) 552-8854 (ICF Transmittal Submissions Only)