Supersedes AFL 20-35.7 and extends to until the end of the declared COVID-19 emergency the temporary waiver of specified statutory and regulatory requirements for CNAs due to the state of emergency related to the COVID-19 outbreak, in compliance with Executive Order N-11-22. This revision informs applicants and certificate holders how to obtain/maintain an active/employable status after the expiration of the listed waivers.
Initial Certification HSC §1337.5(b)(2)-(3) and T22 CCR §71835(j)
A nurse assistant (NA) enrolled in an approved certification training program may continue to be employed for more than 3 months after the start date of employment. A NA may delay completion of the training program and competency testing but is encouraged to complete the program as training programs resume. A NA who has not completed the training program shall only render services at the competency level confirmed by the training program on a competency checklist to be shared with the facility.
For NAs working in certified SNF’s that were hired under this waiver on or before June 6, 2022 will have until October 6, 2022 to complete their nurse aide training program and become certified.
Renewal of Certification HSC §1263(c), 1337.1(e)(2) and 1337.6 and T22 CCR § 71839
All CNAs in an active status are encouraged to renew following normal timelines. A CNA seeking certificate renewal may complete any of the 48 required hours of in-service or CEUs at any time during the 2-year recertification period and may complete all of the required 48 hours through online or distance learning formats.
Expired Certification HSC §1337.6 and T22 CCR § 71839
A CNA whose certification expired no earlier than 3/30/2018, or whose certification will expire during the state of emergency, and who remains in an "employable during state of emergency" status may work as a CNA without renewal.
All facilities must check CDPH's online verification page http://cvl.cdph.ca.gov/SearchPage.aspx to verify employment eligibility. Only those CNAs with a status of "active" or "employable during state of emergency" may be employed. A CNA who remains in an "employable during state of emergency" status will be allowed to complete in-service or CEUs and count them towards renewal of the certification. Any of the 48 hours of in-service and continuing education may be completed through online or distance learning formats.
Program Flexibility Requests
No need to submit individual program flexibility requests to employ NAs or CNAs using these temporary waivers.
All temporary waivers of specified statutory and regulatory requirements for CNAs due to the state of emergency related to the COVID-19 outbreak have been extended until the end of the declared COVID-19 emergency. Facilities that relied on waivers specified in this AFL to maintain CNA and nurse assistant staffing between June 30, 2022 and the publish date of the AFL, shall not be subject to enforcement action. Requests for regulatory waivers not specified in this AFL or requests to extend a program flexibility after the June 30, 2022 expiration date must be submitted to Healthcare Workforce Branch, CNA Review/eLearning & Licensing Section via email at TPRU@cdph.ca.gov using the CDPH 5000A (PDF). All program flexibility requests are reviewed by CDPH on a case-by-case basis.
Requests for waivers not specified above shall be submitted using the CDPH 5000A.
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