Section 86019 - [Operative 7/1/2024] Criminal Record Clearance(a) The Department shall conduct a criminal record review of all individuals specified in Health and Safety Code Section 1522(b) and shall have the authority to approve or deny a facility license, or employment, residence, or presence in the facility, based upon the results of such review.(b) The following persons are exempt from the requirement to submit fingerprints: (1) A medical professional, as defined by the Department in regulations, who holds a valid license or certification from the individual's governing California medical care regulatory entity and who is not employed, retained, or contracted by the licensee, if all of the following apply: (A) The criminal record of the individual has been cleared as a condition of licensure or certification by the individual's California medical care regulatory entity.(B) The individual is providing time-limited specialized clinical care or services.(C) The individual is providing care or services within the individual's scope of practice.(D) The individual is not a community care facility licensee or an employee of the facility.(2) A third-party repair person, or similar retained contractor, if all of the following apply: (A) The individual is hired for a defined, time-limited job.(B) The individual is not left alone with participants.(C) When participants are present in the room in which the repairperson or contractor is working, a staff person who has a criminal record clearance or exemption is also present.(3) Employees of a licensed home health agency and other members of licensed hospice interdisciplinary teams who have a contract with a participant of the facility, and are in the facility at the request of that participant or resident's legal decision maker. (A) The exemption shall not apply to a person who is a community care facility licensee or an employee of the facility.(4) Clergy and other spiritual caregivers who are performing services in common areas of the residential care facility, or who are advising an individual participant at the request of, or with the permission of, the participant. (A) This exemption shall not apply to a person who is a community care facility licensee or an employee of the facility.(5) Members of fraternal, service and similar organizations who conduct group activities for participants, if all of the following apply: (A) Members are not left alone with the participants.(B) Members do not transport participants off the facility premises.(C) The same group does not conduct such activities more often than once a month.(6) The following persons in homes certified by licensed Foster Family Agencies:(A) Adult friends and family of the certified foster parent, who come into the home to visit for a length of time no longer than one month, provided they are not left alone with the foster children. However, the certified foster parent, acting as a reasonable and prudent parent, as defined in paragraph (2) of subdivision (a) of Section 362.04 of the Welfare and Institutions Code, may allow their adult friends and family to provide short-term care to the foster child and act as an appropriate occasional short-term babysitter for the child.(B) Parents of a foster child's friends when the child is visiting the friend's home and the friend, certified foster parent or both are also present. However, the certified foster parent, acting as a reasonable and prudent parent, may allow the parent of the foster child's friends to act as an appropriate short-term babysitter for the child without the friend being present.(C) Individuals who are engaged by any certified foster parent to provide short-term babysitting to the child for periods not to exceed 24 hours. Certified foster parents shall use a reasonable and prudent parent standard in selecting appropriate individuals to act as appropriate occasional short-term babysitters.(7) Nothing in this paragraph shall prevent a licensee from requiring a criminal record clearance of any individual exempt from the requirements of this section, provided that the individual has participant contact.(c) Prior to the Department issuing a licensee, the applicant, administrator and any adult other than a participant, residing in the facility shall obtain a California criminal record clearance or exemption as specified in Health and Safety Code section 1522(a)(4).(d) All individuals subject to criminal record review shall be fingerprinted and sign a Criminal Record Statement (LIC 508 [Rev. 1/03]) under penalty of perjury.(1) A person signing the LIC 508 must:(A) Declare whether they have been convicted of a crime, other than a minor traffic violation as specified in Section 86019(i) regardless of whether the individual was granted a pardon for the conviction, received an expungement pursuant to Penal Code section 1203.4 or the individual's record was sealed as a result of a court order.(B) If convicted of a crime other than a minor traffic violation, provide information regarding the conviction.(2) The licensee shall submit these fingerprints to the California Department of Justice, along with a second set of fingerprints for the purpose of searching the records of the Federal Bureau of Investigation, or to comply with the requirements of Section 86019(e), prior to the individual's employment, residence, or initial presence in the community care facility. (A) Fingerprints shall be submitted to the California Department of Justice by the licensee, or sent by electronic transmission to the California Department of Justice by a fingerprinting entity approved by the Department.(e) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1522 shall prior to working, residing or volunteering in a licensed facility: (1) Obtain a California clearance or a criminal record exemption as required by the Department or(2) Request a transfer of a criminal record clearance as specified in Section 86019(f) or(3) Request and be approved for a transfer of a criminal record exemption, as specified in Section 86019.1(r), unless, upon request for the transfer, the Department permits the individual to be employed, reside or be present at the facility.(f) A licensee or applicant for a license may request a transfer of a criminal record clearance from one state licensed facility to another, or from TrustLine to a state licensed facility by providing the following documents to the Department: (1) A signed Criminal Background Clearance Transfer Request, LIC 9182 (Rev. 4/02).(2) A copy of the individual's: (B) Valid identification card issued by the Department of Motor Vehicles, or(C) Valid photo identification issued by another state or the United States government if the individual is not a California resident.(3) Any other documentation required by the Department [e.g., Criminal Record Statement-LIC 508, (Rev. 1/03) or for Foster Family Homes, Small Family Homes and Certified Family Homes an LIC 508D (Rev. 1/03) which are incorporated by reference, and job description].(g) Violation of Section 86019(e) will result in a citation of a deficiency and an immediate assessment of civil penalties of one hundred dollars ($100) per violation per day for a maximum of five (5) days by the Department.(1) Subsequent violations within a twelve (12) month period will result in a civil penalty of one hundred dollars ($100) per violation per day for a maximum of thirty (30) days.(2) The Department may assess civil penalties for continued violations as permitted by Health and Safety Code Section 1548.(h) Violation of Section 86019(e) may result in a denial of the license application or suspension and/or revocation of the license.(i) If the criminal record transcript of any individuals specified in Health and Safety Code Section 1522(b) discloses a plea or verdict of guilty or a conviction following a plea of nolo contendere for any crime other than a minor traffic violation for which the fine was less than $300, and an exemption pursuant to Section 86019.1(a) has not been granted, the Department shall take the following actions: (1) For initial applicants, denial of the application.(2) For current licensees, the Department may institute an administrative action, including, but not limited to, revocation of the license.(3) For current employees, exclude the affected individual pursuant to Health and Safety Code Section 1558, and deny the application or revoke the license, if the individual continues to provide services and/or reside at the facility.(4) For convicted individuals residing in the facility, exclusion of the affected individual pursuant to Health and Safety Code Section 1558, and denial of the application or revocation of the license, if the individual continues to provide services and/or reside at the facility.(j) The licensee shall maintain documentation of criminal record clearances or criminal record exemptions of employees in the individual's personnel file as required in Section 86066. (1) Documentation shall be available for inspection by the Department.(k) The Department may seek verification from a law enforcement agency or court of an individual's criminal record as reported to the Department from any member of the public or affected individual.(1) Upon obtaining confirmation from a law enforcement agency or court of the offense, the Department shall proceed as if this criminal record information was provided by the California Department of Justice.Cal. Code Regs. Tit. 22, § 86019
Note: Authority cited: Sections 1530 and 1548(e), Health and Safety Code. Reference: Sections 1503.5, 1505, 1508, 1522, 1531, 1533, 1538, 1540, 1540.1, 1541, 1547, 1548 and 1549, Health and Safety Code.
Note: Authority cited: Sections 1530 and 1548(e), Health and Safety Code. Reference: Sections 1503.5, 1505, 1508, 1522, 1531, 1533, 1538, 1540, 1540.1, 1541, 1547, 1548 and 1549, Health and Safety Code.
1. Change without regulatory effect adopting section filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
2. Amendment of subsections (b)(6)(A) and (d)(1)(A) filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).