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Licensing and Certification Program

How to Report Misconduct or Abuse

Investigation Section

The California Department of Public Health, Professional Certification Branch, Investigation Section investigates all complaints and reports of abuse, neglect, misappropriation, and other types of unprofessional conduct against certified nurse assistants (CNAs), home health aides (HHAs), and certified hemodialysis technicians (CHTs).  If it is determined that the complaint against the CNA/HHA/CHT is substantiated, the Department may take disciplinary action against the application or certificate of the CNA/HHA/CHT.

Disciplinary action includes probation in lieu of suspension (diversion), suspension up to 24 months and denial/revocation of CNA/HHA/CHT certification.  In addition, pursuant to the Code of Federal Regulations, Title 42, Section 483.156(c), a finding of abuse, neglect, or misappropriation may be included on the State Nurse Aide Registry.  If a finding is included, the CNA/HHA/CHT is prohibited from being employed, in any capacity, by a facility or business that is certified for Medicare and/or Medicaid funding.

Frequently Asked Questions (FAQs):

Laws and Regulations/Legal Authority to Investigate  

The state and federal regulations governing the certification and oversight of CNAs, HHAs, and CHTs are as follows:

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 1742
  • California Code of Regulations, Title 22, Division 5, Chapter 6
  • Code of Federal Regulations, Title 42, Chapter 4

CHTs

  • California Business & Professions Code, Sections 1247 to 1247.9
  • Code of Federal Regulations, Title 42, Chapter  4
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