BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1384
                                                                  Page  1

          Date of Hearing:   August 6, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   SB 1384 (Mitchell) - As Amended:  July 2, 2014 

          Policy Committee:                             HealthVote:10-6

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill deletes the requirement that the Department of Public  
          Health (DPH) automatically deny a training and examination  
          application for a certified nurse assistant (CNA) license and  
          deny, suspend, or revoke a certificate if the applicant or  
          certificate holder has been convicted of a violation or  
          attempted violation of one or more specified crimes.

           FISCAL EFFECT  

          Potential minor one-time costs to DPH to modify processes and  
          train staff on new procedures for evaluating criminal  
          convictions (Licensing and Certification Fund).  

           COMMENTS  

           1)Purpose  . This bill is intended to modify the state's rules for  
            rejecting applicants for a CNA license.   The author states  
            removing restrictions on the ability of criminal offenders to  
            obtain employment based solely upon the existence of a  
            criminal record will enhance public safety by allowing former  
            offenders to find employment.  The bill is sponsored by Equal  
            Rights Advocates. 

           2)Background  . CNAs are certified to work in skilled nursing  
            facilities and intermediate care facilities. They perform  
            basic patient care services directed at the safety, comfort,  
            personal hygiene and protection of patients. DPH's  
            Professional Certification Branch within the Licensing and  
            Certification division certifies, screens, and investigates  
            complaints involving CNAs and several other health-related  
            professions.  The United States Bureau of Labor Statistics  








                                                                  SB 1384
                                                                  Page  2

            projects that, between 2008 and 2018, the demand for CNAs will  
            increase by about 19%.  As a growing occupation with low  
            education and training requirements, the CNA profession offers  
            stable entry-level employment.   This bill retains current DPH  
            authorization to deny an applicant based on conviction of a  
            crime substantially related to the qualifications, functions,  
            and duties of a CNA, if DPH determines that the individual has  
            not adequately demonstrated that he or she has been  
            rehabilitated and will present a threat to the health, safety,  
            or welfare of patients.

           3)Opposition  . DPH opposes this bill, stating the bill removes  
            its ability to adequately protect patients, and that an  
            administrative remedy exists for individuals who obtain a  
            Certificate of Rehabilitation or whose charges are dismissed.

           Analysis Prepared by  :    Lisa Murawski / APPR. / (916) 319-2081