Legal & EthicalQuestion 186 of 200

Which criminal background finding would generally disqualify an applicant from California CNA certification?

a.A first-time non-violent misdemeanor unrelated to patient care
b.A 20-year-old speeding ticket
c.A jaywalking citation
d.A conviction for elder abuse, sexual assault, or any serious or violent felony as defined by HSC §1337.9 and PC §667.5(c)/§1192.7(c)

Explanation

Under HSC §1337.9 and §1338.5, CDPH performs a criminal background check (live scan fingerprints with DOJ and FBI) on every CNA applicant. Convictions for offenses such as elder/dependent adult abuse, sexual assault, child abuse, serious/violent felonies (PC §667.5(c), §1192.7(c)), or substantiated findings of abuse, neglect, or misappropriation of resident property generally bar certification. Some non-serious convictions allow a criminal record waiver if the applicant demonstrates rehabilitation. Speeding tickets, jaywalking, and unrelated minor misdemeanors are generally not disqualifying.

Law Reference: HSC §1337.9; HSC §1338.5

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