CA Health & Safety Code Section 1796.43

(a)

Home care organizations that employ affiliated home care aides shall ensure the affiliated home care aides are cleared on the home care aide registry before placing the individual in direct contact with clients. In addition, the home care organization shall do all of the following:

(1)

Ensure any staff person, volunteer, or employee of a home care organization who has contact with clients, prospective clients, or confidential client information that may pose a risk to the clients’ health and safety has met the requirements of Sections 1796.23, 1796.24, 1796.25, 1796.26, and 1796.28 before there is contact with clients or prospective clients or access to confidential client information.

(2)

Require home care aides to demonstrate that they are free of active tuberculosis disease, pursuant to Section 1796.45.

(3)

Immediately notify the department when the home care organization no longer employs an individual as an affiliated home care aide.

(b)

This section shall not prevent a licensee from requiring a criminal record clearance of any individual exempt from the requirements of this section, provided that the individual has client contact.