California Legislature—2013–14 Regular Session

Assembly Bill No. 1689

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 begin delete state end delete department shall investigate complaints
concerning misconduct by certified nurse assistants and may take
disciplinary action pursuant to Section 1337.9.

(b)  The begin delete state end delete department shall maintain begin insert and post on its Internet
Web site end insert a registry begin delete that includes the certification status end delete of all
certified nurse assistants begin delete , including the status of any proposed or
completed disciplinary actions. end delete begin insert that includes, at a minimum, all
of the following: end insert

begin insert

(1) The individual’s name.

end insert begin insert

(2) Information necessary to identify the individual.

end insert begin insert

(3) The individual’s certification status.

end insert begin insert

(4) The date the individual became eligible for placement in the
registry through successfully completing the requirements of this
article.

end insert begin insert

(5) (A) The following information on any finding by the state
of abuse, neglect, or misappropriation of property by the
individual:

end insert begin insert

(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.

end insert begin insert

(ii) The date of the hearing, if the individual chose to have one,
and its outcome.

end insert begin insert

(iii) A statement by the individual disputing the allegation, if
he or she chooses to make one.

end insert begin insert

(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.

end insert begin insert

(6) The status and any related documents of any proposed or
completed disciplinary actions or enforcement actions against the
individual.

end insert begin insert

(7) The status of any appeals.

end insert begin insert

(8) Any written decisions prepared by an administrative law
judge.

end insert begin insert

(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.

end insert begin delete

(c)

end delete

begin insert ( end insert begin insert d) end insert  Long-term health care facilities, as defined in Section 1418,
that hire certified nursing assistants shall consult the begin delete state end delete
department’s registry prior to hiring these individuals or placing
them in direct contact with patients.