BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 892|
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THIRD READING
Bill No: SB 892
Author: Alquist (D)
Amended: 4/27/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 4/20/10
AYES: Leno, Cedillo, Hancock, Steinberg, Wright
NO VOTE RECORDED: Cogdill, Huff
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Care facilities
SOURCE : Author
DIGEST : This bill adds additional specified crimes to
the Department of Social Services statutes governing
residential care facilities for the elderly.
ANALYSIS : Existing law requires a criminal record check
of applicants for a license, special permit, or certificate
of approval to operate a residential care facility for the
elderly, or for other persons, including nonclients who
reside in those facilities and staff and employees.
Existing law requires that an application be denied if it
is found that the applicant or any of the other designated
persons has been convicted of a crime, other than a minor
traffic violation. Existing law authorizes the Director of
Social Services to grant an exemption from disqualification
under these provisions, but prohibits the director from
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granting an exemption in the case of certain crimes.
This bill adds additional specified crimes with respect to
which the director is prohibited from granting an
exemption. This bill also adds specified crimes with
respect to which the director is prohibited from granting
an exemption within 10 years of either the date the person
was convicted of the offense or the date the person was
released from incarceration for the offense, whichever is
later.
Comments
According to the author's office:
On March 18, 2010, the California Senate Office of
Oversight and Outcomes issued a report, Dangerous
Caregivers: State Failed to Cross-Check Backgrounds,
Exposing Elderly to Abusive Workers , which was
completed at my request as Chair of the Senate
Subcommittee and Aging and Long-Term Care.
This report highlighted the problem of dangerous
caregivers being allowed to work in long-term care
facilities for the elderly and disabled because
different State departments have different standards
for approving care workers and do not share helpful
background check information with each other.
Specifically, nurse assistants with a history of a
serious criminal conviction or administrative action,
who had been decertified by the Department of Public
Health (DPH) to work in skilled nursing facilities,
are getting approved by the Department of Social
Services (DSS) to work in residential care facilities
for the elderly (RCFEs).
Oftentimes, this happens because current law differs
with respect to the non-exemptible crimes barring work
in RCFEs, as licensed by the DSS, and the
non-exemptible crimes barring work in skilled nursing
facilities, as licensed by the DPH.
For example, existing law (Health and Safety code
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section 1569.17) allows DSS to approve (or "exempt")
caregivers to work in RCFEs even though they have been
convicted of serious crimes like Arson or Drugging
Someone to Assist in a Felony.
These serious criminal convictions, however, are
non-exemptible under DPH's nurse assistant
certification law (Health and Safety code section
1337.9), thus requiring DPH's denial or revocation of
a nurse assistant's certificate to work in a skilled
nursing facility.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/11/10)
Aging Services of California
Arc of California
California Advocates for Nursing Home Reform
California Assisted Living Association
California Police Chiefs Association
Congress of California Seniors
Crime Victims United of California
Disability Rights California
Long-Term Care Services of Ventura County, Inc.
Ombudsman & HICAP Services of Northern California
OWL (Older Women's League of California)
Pathways
Service Employees International Union
ARGUMENTS IN SUPPORT : According to the author's office:
By adding more crimes to the DSS statute governing
residential care facilities for the elderly (RCFEs),
SB 892 will protect vulnerable seniors and disabled
adults living in these facilities with the same
principles governing the protection of skilled nursing
facility residents.
Specifically, SB 892 would add those crimes that DPH
considers as non-exemptible to work as a certified
nurse assistant in a skilled nursing facility to DSS's
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list of non-exemptible crimes to work in RCFEs. For
less serious criminal convictions, SB 892 would allow
DSS to exempt someone to work in an RCFE only after 10
years from the date of conviction or the date of
release from prison, whichever is later.
This bill would bring greater consistency to the two
departments that oversee direct care workers in the
State's most utilized long-term care facilities:
skilled nursing facilities and residential care
facilities for the elderly.
RJG:nl 5/13/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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