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The California Department of Public Health has issued an AFL 08-27 to all healthcare facilities, including nursing homes, regarding criminal record clearance requirements for staff. The requirements for this amendment apply to applicants for certification for Nurse Assistants and Home Health Aides, direct care staff in Intermediate Care Facilities for the developmentally disabled (ICF-DD), direct care staff in ICF-DDs Habilitative (ICF-DDH), and direct care staff in ICF-DD Nursing (ICF-DDN). Additionally, specified staff in ICF-DD, ICF-DDN, ICF-DDH, adult day health care centers, home health agencies, and private duty nursing agencies are subject to these requirements. However, the criminal record clearance requirement is inoperative until the Licensing and Certification Program (L&C) within the Department receives 95% of its total responses indicating no evidence of criminal information from the California Department of Justice (DOJ) within three business days, and L&C processes 95% of its total responses which require disqualification of an applicant or certificate holder no later than 45 days after the date the report is received from DOJ. The Department will issue another AFL advising when these conditions have been met and the requirement prohibiting direct contact with clients or residents until the criminal record clearance process is completed by the Department is operative. Nursing homes and healthcare facilities should contact Evon Redding, Chief of the Criminal Background Section, at (916) 552-8885 if they have any questions.

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