Certified Nursing Assistant

IMPORTANT INFORMATION:
CNA – HHA Background Investigation

All CNA - HHA applicants must be investigated by the Department of Justice. This investigation is specific to the CNA - HHA application. Previous investigations do not apply.

If you have been convicted by any court of a crime (other than a minor traffic violation), the Department of Health Services requires a clearance before enrolling in a Nurse Aide or Home Health Aide Course.

See Disqualifying Penal Code Sections list below.

If this pertains to you, to obtain a clearance you must contact the

                    Department of Health Services
                    Division of Licensing and Certification
                    Nurse Assistant Certification Section
                    (916) 327-2445

Or write to

                    NACS Enforcement Consultant
                    Department of Health Services
                    P.O. Box 942732
                    Sacramento, CA 94234-7320

Ask if you will be able to be certified considering your conviction. Flag your letter “Confidential.” Allow approximately 30 days for turn around.

Disqualifying Penal Code Sections

If convicted of any of the penal codes listed, CNA – HHA applicants will be automatically denied certification or ICF/DD, DDH, or DDN applicants will be denied employment.

All CNA/HHA applicants should review this list carefully to avoid wasting their time, effort and money by training, testing and submission of fingerprints since they cannot receive the required criminal background clearance if they have been convicted of any of these violations.

Disqualifying Penal Code Sections (cont.)

Section
187 Murder
192(a) Manslaughter, Voluntary
203 Mayhem
205 Aggravated Mayhem
206 Torture
207 Kidnapping
209 Kidnapping for ransom, reward, or extortion or robbery
210 Extortion by posing as kidnapper
210.5 False imprisonment
211 Robbery (Includes degrees in
212.5 (a) and (b))
220 Assault with intent to commit mayhem, rape, sodomy, oral copulation
222 Administering stupefying drugs to assist in commission of a felony
243.4 Sexual battery (Includes degrees (a) - (d))
245 Assault with deadly weapon, all inclusive
261 Rape (Includes degrees (a)-(c))
262 Rape of spouse (Includes degrees (a)-(e))
264.1 Rape or penetration of genital or anal openings by foreign object
265 Abduction for marriage or defilement
266 Inveiglement or enticement of female under 18
266a Taking person without will or by misrepresentation for prostitution
266b Taking person by force
266c Sexual act by fear
266d Receiving money to place person in cohabitation
266e Placing a person for prostitution against will
266f Selling a person
266g Prostitution of wife by force
266h Pimping
266i Pandering
266j Placing child under 16 for lewd act
266k Felony enhancement for pimping/pandering
267 Abduction of person under 18 for purposes of prostitution
273a Willful harm or injury to a child; (Includes degrees (a)-(c))
273d Corporal punishment/injury to a child (Includes degrees (a)-(c))
273.5 Willful infliction of corporal injury (Includes (a)-(h))
285 Incest
286(c) Sodomy with person under 14 years against will
(d) Voluntarily acting in concert with or aiding and abetting
in act of sodomy against will
(f) Sodomy with unconscious victim
(g) Sodomy with victim with mental disorder or developmental or physical disability 288 Lewd or lascivious acts with child under age of 14
288a(c) Oral copulation with person under 14 years against will
(d) Voluntarily acting in concert with or aiding and abetting
(f) Oral copulation with unconscious victim
(g) Oral copulation with victim with mental disorder
or developmental or physical disability
288.5 Continuous sexual abuse of a child (Includes degree (a))
289 Penetration of genital or anal openings by foreign object (Includes degrees (a)- (j))
289.5 Rape and sodomy (Includes degrees (a) and (b))
368 Elder or dependent adult abuse;theft
or embezzlement of property (Includes (b)- (f))
451 Arson (Includes degrees (a)-(e))
459 Burglary (Includes degrees in 460 (a) and (b))
470 Forgery (Includes (a)-(e))
475 Possession or receipt of forged bills, notes, trading stamps, lottery tickets or shares (Includes degrees (a) - (c))
484 Theft 484b Intent to commit theft by fraud
484d-j Theft of access card, forgery of access card,
unlawful use of access card
487 Grand theft (Includes degrees (a)-(d))
488 Petty theft 496 Receiving stolen property (Includes (a)-(c))
503 Embezzlement
518 Extortion
666 Repeat convictions for petty theft, grand theft, burglary, carjacking, robbery and receipt of stolen property

Certification of applicants with convictions on this list MAY be reconsidered by ATCS only if misdemeanor actions have been dismissed by a court of law or a Certificate of Rehabilitation has been obtained for felony convictions. Any other convictions, other than minor traffic violations, must also be reviewed by

ATCS. ATCS 98-4 (4/02)

See http://www.cdph.ca.gov/certlic/occupations/Pages/AidesAndTechs.aspx