There continues to be some confusion regarding California Community Care Licensing (CCL) policies regarding criminal clearance background checks for privately paid personal assistants. To clarify, this is the most recent policy from CCL as reported in their Summer 2010 update and in the RCFE Evaluator Manual:
To ensure client/resident health and safety, privately paid personal assistants must have a CDSS processed background check clearance or criminal record exemption. Please see below for specifics:
- If a licensee retains or contracts with a company who provides personal assistants, the assistants must also be fingerprinted using the facility license number.
- If a client/resident or a client/resident’s family employs, retains or contracts for a personal assistant, the assistant must be fingerprinted using the facility license number.
- If the assistant identified in either situation above is a Certified Nurses Assistant (CNA) and was certified or recertified on or after July 1, 1998, he/she does not need to be fingerprinted. The licensee must retain a copy of the current certification. Note: If the CNA is an employee of the facility, the CNA must be fingerprinted like any other facility employee.