BILL NUMBER: AB 1689	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Conway

                        FEBRUARY 13, 2014

   An act to amend Section 1337.8 of the Health and Safety Code,
relating to certified nurse assistants.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1689, as introduced, Conway. Certified nurse assistants.
   Existing law provides for the certification of nurse assistants by
the State Department of Public Health. Existing law requires the
department to maintain a registry of all certified nurse assistants
that includes their certification status and the status of any
proposed or completed disciplinary actions.
   This bill would require the department to post the registry on its
Internet Web site and would require the department to include
additional information in the registry, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1337.8 of the Health and Safety Code is amended
to read:
   1337.8.  (a)  The  state  department shall
investigate complaints concerning misconduct by certified nurse
assistants and may take disciplinary action pursuant to Section
1337.9.
   (b)  The  state  department shall maintain 
and post on its Internet Web site  a registry  that
includes the certification status  of all certified nurse
assistants  , including the status of any proposed or
completed disciplinary actions.   that includes, at a
minimum, all of the following:  
   (1) The individual's name.  
   (2) Information necessary to identify the individual.  
   (3) The individual's certification status.  
   (4) The date the individual became eligible for placement in the
registry through successfully completing the requirements of this
article.  
   (5) (A) The following information on any finding by the state of
abuse, neglect, or misappropriation of property by the individual:
 
   (i) Documentation of the state investigation, including the nature
of the allegation and the evidence that led the state to conclude
that the allegation was valid.  
   (ii) The date of the hearing, if the individual chose to have one,
and its outcome.  
   (iii) A statement by the individual disputing the allegation, if
he or she chooses to make one.  
   (B) The department shall include this information in the registry
within 10 working days of the finding and maintain the information in
the registry permanently, unless the finding was made in error, the
individual was found not guilty in a court of law, or the state is
notified of the individual's death.  
   (6) The status and any related documents of any proposed or
completed disciplinary actions or enforcement actions against the
individual.  
   (7) The status of any appeals.  
   (8) Any written decisions prepared by an administrative law judge.
 
   (c) The department shall remove entries for individuals who have
performed no nursing or nursing-related services for a period of 24
consecutive months, unless the individual's registry entry includes
documented findings of abuse, neglect, or misappropriation of
property.  
   (c) 
    (   d)  Long-term health care facilities, as
defined in Section 1418, that hire certified nursing assistants shall
consult the  state  department's registry prior to
hiring these individuals or placing them in direct contact with
patients.