Legal & EthicalQuestion 186 of 200

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

a.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)
b.A 20-year-old speeding ticket
c.A jaywalking citation
d.A first-time non-violent misdemeanor unrelated to patient care

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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