Cal. HSC § 1568.295 — California Code / Code hsc / Division 2 / Chapter 3.15 / Section 1568.295
Section 1568.295
Status: in_force

(a) The department may prohibit a person from being a licensee or a licensee from employing, continuing the employment of, allowing in a licensed medical foster home for veterans, or allowing contact with a veteran resident of a licensed medical foster home for veterans by an employee, prospective employee, or person who is not a veteran resident who has done any of the following:

(1) Violated, aided, or permitted the violation by any other person of any provisions of this chapter or of any rules, regulations, or written directives promulgated under this chapter.

(2) Engaged in conduct that is inimical to the health, morals, welfare, or safety of either the people of this state or an individual in, or receiving services from, a medical foster home for veterans.

(3) Been denied an exemption to work or to be present in a medical foster home for veterans when that person has been convicted of a crime, as defined in Section 1522.

(4) Engaged in any other conduct that would constitute a basis for disciplining a licensee or a medical foster home for veterans.

(5) Engaged in acts of financial malfeasance concerning the operation of a medical foster home for veterans, including, but not limited to, improper use or embezzlement of veteran resident moneys or property, fraudulent appropriation for personal gain of medical foster home for veterans moneys or property, or willful or negligent failure to provide services.

(b) The excluded person and the licensee shall be given written notice of the basis of the department’s action and of the excluded person’s right to an appeal. The notice shall be served either by personal service or by registered mail. Within 15 days of the department serving the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the department’s action shall be final.

(c) (1) The department may require the immediate exclusion of an employee, prospective employee, or person who is not a veteran resident from a medical foster home for veterans pending a final decision of the matter when, in the opinion of the director, the action is necessary to protect veteran residents from physical or mental abuse, abandonment, or any other substantial threat to their health or safety.

(2) If the department requires the immediate exclusion of an employee, prospective employee, or person who is not a veteran resident from a medical foster home for veterans, the department shall serve an order of immediate exclusion upon the excluded person that notifies the excluded person of the basis of the department’s action and of the excluded person’s right to a hearing.

(3) The department shall conduct an unannounced visit to a medical foster home for veterans within 30 days after the department serves an order of immediate exclusion from the medical foster home for veterans upon a person subject to immediate removal or exclusion from the medical foster home for veterans in order to ensure that the excluded person is not within the medical foster home for veterans, unless the department has previously verified that the excluded person is not within the medical foster home for veterans.

(4) Within 15 days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The department’s action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do both of the following upon receipt of a written appeal:

(A) Serve an accusation upon the excluded person within 30 days of receipt of the appeal.

(B) Conduct a hearing on the accusation within 60 days of receipt of a notice of defense from the excluded person, pursuant to Section 11506 of the Government Code.

(5) An order of immediate exclusion from a medical foster home for veterans shall remain in effect until the hearing is completed and the department has made a final determination on the merits.

(d) An excluded person who files a written appeal with the department pursuant to this section shall, as part of the written request, provide their current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address until the hearing process has been completed or terminated.

(e) Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence, and the burden of proof shall be on the department.

(f) The department may do any of the following:

(1) Institute or continue a disciplinary proceeding against a licensee or an employee, prospective employee, or person who is not a veteran resident upon any ground provided by this section.

(2)  Enter an order prohibiting a person from being a licensee or prohibiting an excluded person’s employment or presence in the medical foster home for veterans.

(3) Take disciplinary action against an excluded person, notwithstanding any resignation, withdrawal of employment application, or change of duties by the excluded person or any discharge, failure to hire, or reassignment of the excluded person by the licensee.

(g) A licensee’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1568.25.

(h) (1) (A) In a case where an excluded person appealed the exclusion order and there is a decision and order of the department upholding the exclusion order, or where the department informed an excluded person of their right to appeal the exclusion order and the excluded person does not appeal the exclusion order, the excluded person shall be prohibited for the remainder of the excluded person’s life, unless otherwise ordered by the department, from all of the following:

(i) Working or volunteering in any facility or organization licensed by the department if there is contact with clients, prospective clients, or confidential client information.

(ii) Licensure to operate a facility or organization licensed by the department.

(iii) Certification or approval as foster parent or resource family.

(iv) Registration as a Registered Home Care Aide or TrustLine Registrant or remaining registered on the Home Care Aide Registry.

(v) Serving as a member of the board of directors or governing body of, serving as an executive director or officer for, or being a licensee of a Home Care Organization or facility.

(vi) As a licensee, from employing, continuing the employment of, or allowing an individual to volunteer at a Home Care Organization or facility if there is contact with clients, prospective clients, or confidential client information.

(B) Pursuant to Section 11522 of the Government Code, an excluded person may petition the department for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order or after one year has elapsed from the date of the notification of the exclusion order if no appeal was made. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the appeal decision and order or with the exclusion order.