Amended IN Senate April 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 412Introduced by Senator LimnFebruary 14, 2025An act to amend Sections 1796.31 and Section 1796.44 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTSB 412, as amended, Limn. Home care aides.Existing law, the Home Care Services Consumer Protection Act, requires a home care organization, as defined, to ensure that an affiliated home care aide completes specified training requirements prior to providing home care services, including annual training related to the aides clients rights and safety and how to provide for a clients daily living needs. Existing law provides for the registration of unaffiliated home care aides, and conditions the registration renewal of an unaffiliated home care aide on compliance with specified requirements, including that the aide submits a registration renewal application form and pays a fee. A violation of the act is a misdemeanor.This bill would additionally require a home care organization to ensure that a home care aide completes, prior to providing home care and annually thereafter, training related to the special care needs of clients with dementia. The bill would additionally require an unaffiliated home care aide to submit, as a condition of the registration renewal, a signed affidavit that the home care aide attended or viewed an online training video on caring for individuals with dementia. By requiring the signing of an affidavit, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. Because the bill creates new crimes by expanding the act to include additional requirements for home care organizations, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 1796.31 of the Health and Safety Code is amended to read:1796.31.(a)To remain on the home care aide registry, a registered home care aide shall renew their registration every two years.(1)A registered home care aides registration shall expire every two years, on the anniversary date of the initial registration date. If the registration is not renewed on or prior to its expiration date, the registration shall be forfeited pursuant to subdivision (b) of Section 1796.26.(2)To renew a registration, the registered home care aide shall, on or before the registration expiration date, request renewal by submitting to the department the registration renewal application form and paying the nonrefundable registration renewal application fee in the amount determined by the department.(b)Renewal of a registered home care aides registration is conditioned on compliance with all of the following:(1)Submitting a complete registration renewal application form and payment of the nonrefundable renewal fee, both of which shall be postmarked on or before the expiration of the registration.(2)Continuing to satisfy the requirements set forth in this chapter.(3)Cooperating with the department in the completion of the renewal process. Failure of the registered home care aide to cooperate shall result in the withdrawal of the registration renewal application by the department. For purposes of this section, failure to cooperate means that the information described in this chapter and in any rules and regulations promulgated under this chapter has not been provided, or has not been provided in the form requested by the department, or both.(4)A signed affidavit that the home care aide attended or viewed an online training video on caring for individuals with dementia.(c)(1)The department shall notify a registered home care aide in writing of his or her registration expiration date and the process of renewal.(2)Written notification pursuant to this subdivision shall be mailed to the registered home care aides mailing address of record at least 60 days before the registration expiration date.SEC. 2.SECTION 1. Section 1796.44 of the Health and Safety Code is amended to read:1796.44. (a) A licensee shall ensure that prior to providing home care services, an affiliated home care aide shall complete the training requirements specified in this section.(b) An affiliated home care aide shall complete a minimum of five hours of entry-level training prior to presence with a client, as follows:(1) Two hours of orientation training regarding their role as caregiver and the applicable terms of employment.(2) Three hours of safety training, including basic safety precautions, emergency procedures, and infection control.(c) In addition to the requirements in subdivision (b), an affiliated home care aide shall complete a minimum of five hours of annual training. The annual training shall relate to core competencies and be population specific, which shall include, but not be limited to, the following areas:(1) Clients rights and safety.(2) How to provide for, and respond to, a clients daily living needs.(3) How to report, prevent, and detect abuse and neglect.(4) How to assist a client with personal hygiene and other home care services.(5) If transportation services are provided, how to safely transport a client.(6) The special care needs of clients with dementia.(d) The entry-level training and annual training described in subdivisions (b) and (c) may be completed through an online training program.SEC. 3.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Amended IN Senate April 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 412Introduced by Senator LimnFebruary 14, 2025An act to amend Sections 1796.31 and Section 1796.44 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTSB 412, as amended, Limn. Home care aides.Existing law, the Home Care Services Consumer Protection Act, requires a home care organization, as defined, to ensure that an affiliated home care aide completes specified training requirements prior to providing home care services, including annual training related to the aides clients rights and safety and how to provide for a clients daily living needs. Existing law provides for the registration of unaffiliated home care aides, and conditions the registration renewal of an unaffiliated home care aide on compliance with specified requirements, including that the aide submits a registration renewal application form and pays a fee. A violation of the act is a misdemeanor.This bill would additionally require a home care organization to ensure that a home care aide completes, prior to providing home care and annually thereafter, training related to the special care needs of clients with dementia. The bill would additionally require an unaffiliated home care aide to submit, as a condition of the registration renewal, a signed affidavit that the home care aide attended or viewed an online training video on caring for individuals with dementia. By requiring the signing of an affidavit, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. Because the bill creates new crimes by expanding the act to include additional requirements for home care organizations, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate April 10, 2025
Amended IN Senate April 10, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 412
Introduced by Senator LimnFebruary 14, 2025
Introduced by Senator Limn
February 14, 2025
An act to amend Sections 1796.31 and Section 1796.44 of the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 412, as amended, Limn. Home care aides.
Existing law, the Home Care Services Consumer Protection Act, requires a home care organization, as defined, to ensure that an affiliated home care aide completes specified training requirements prior to providing home care services, including annual training related to the aides clients rights and safety and how to provide for a clients daily living needs. Existing law provides for the registration of unaffiliated home care aides, and conditions the registration renewal of an unaffiliated home care aide on compliance with specified requirements, including that the aide submits a registration renewal application form and pays a fee. A violation of the act is a misdemeanor.This bill would additionally require a home care organization to ensure that a home care aide completes, prior to providing home care and annually thereafter, training related to the special care needs of clients with dementia. The bill would additionally require an unaffiliated home care aide to submit, as a condition of the registration renewal, a signed affidavit that the home care aide attended or viewed an online training video on caring for individuals with dementia. By requiring the signing of an affidavit, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. Because the bill creates new crimes by expanding the act to include additional requirements for home care organizations, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Home Care Services Consumer Protection Act, requires a home care organization, as defined, to ensure that an affiliated home care aide completes specified training requirements prior to providing home care services, including annual training related to the aides clients rights and safety and how to provide for a clients daily living needs. Existing law provides for the registration of unaffiliated home care aides, and conditions the registration renewal of an unaffiliated home care aide on compliance with specified requirements, including that the aide submits a registration renewal application form and pays a fee. A violation of the act is a misdemeanor.
This bill would additionally require a home care organization to ensure that a home care aide completes, prior to providing home care and annually thereafter, training related to the special care needs of clients with dementia. The bill would additionally require an unaffiliated home care aide to submit, as a condition of the registration renewal, a signed affidavit that the home care aide attended or viewed an online training video on caring for individuals with dementia. By requiring the signing of an affidavit, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. Because the bill creates new crimes by expanding the act to include additional requirements for home care organizations, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.Section 1796.31 of the Health and Safety Code is amended to read:1796.31.(a)To remain on the home care aide registry, a registered home care aide shall renew their registration every two years.(1)A registered home care aides registration shall expire every two years, on the anniversary date of the initial registration date. If the registration is not renewed on or prior to its expiration date, the registration shall be forfeited pursuant to subdivision (b) of Section 1796.26.(2)To renew a registration, the registered home care aide shall, on or before the registration expiration date, request renewal by submitting to the department the registration renewal application form and paying the nonrefundable registration renewal application fee in the amount determined by the department.(b)Renewal of a registered home care aides registration is conditioned on compliance with all of the following:(1)Submitting a complete registration renewal application form and payment of the nonrefundable renewal fee, both of which shall be postmarked on or before the expiration of the registration.(2)Continuing to satisfy the requirements set forth in this chapter.(3)Cooperating with the department in the completion of the renewal process. Failure of the registered home care aide to cooperate shall result in the withdrawal of the registration renewal application by the department. For purposes of this section, failure to cooperate means that the information described in this chapter and in any rules and regulations promulgated under this chapter has not been provided, or has not been provided in the form requested by the department, or both.(4)A signed affidavit that the home care aide attended or viewed an online training video on caring for individuals with dementia.(c)(1)The department shall notify a registered home care aide in writing of his or her registration expiration date and the process of renewal.(2)Written notification pursuant to this subdivision shall be mailed to the registered home care aides mailing address of record at least 60 days before the registration expiration date.SEC. 2.SECTION 1. Section 1796.44 of the Health and Safety Code is amended to read:1796.44. (a) A licensee shall ensure that prior to providing home care services, an affiliated home care aide shall complete the training requirements specified in this section.(b) An affiliated home care aide shall complete a minimum of five hours of entry-level training prior to presence with a client, as follows:(1) Two hours of orientation training regarding their role as caregiver and the applicable terms of employment.(2) Three hours of safety training, including basic safety precautions, emergency procedures, and infection control.(c) In addition to the requirements in subdivision (b), an affiliated home care aide shall complete a minimum of five hours of annual training. The annual training shall relate to core competencies and be population specific, which shall include, but not be limited to, the following areas:(1) Clients rights and safety.(2) How to provide for, and respond to, a clients daily living needs.(3) How to report, prevent, and detect abuse and neglect.(4) How to assist a client with personal hygiene and other home care services.(5) If transportation services are provided, how to safely transport a client.(6) The special care needs of clients with dementia.(d) The entry-level training and annual training described in subdivisions (b) and (c) may be completed through an online training program.SEC. 3.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
(a)To remain on the home care aide registry, a registered home care aide shall renew their registration every two years.
(1)A registered home care aides registration shall expire every two years, on the anniversary date of the initial registration date. If the registration is not renewed on or prior to its expiration date, the registration shall be forfeited pursuant to subdivision (b) of Section 1796.26.
(2)To renew a registration, the registered home care aide shall, on or before the registration expiration date, request renewal by submitting to the department the registration renewal application form and paying the nonrefundable registration renewal application fee in the amount determined by the department.
(b)Renewal of a registered home care aides registration is conditioned on compliance with all of the following:
(1)Submitting a complete registration renewal application form and payment of the nonrefundable renewal fee, both of which shall be postmarked on or before the expiration of the registration.
(2)Continuing to satisfy the requirements set forth in this chapter.
(3)Cooperating with the department in the completion of the renewal process. Failure of the registered home care aide to cooperate shall result in the withdrawal of the registration renewal application by the department. For purposes of this section, failure to cooperate means that the information described in this chapter and in any rules and regulations promulgated under this chapter has not been provided, or has not been provided in the form requested by the department, or both.
(4)A signed affidavit that the home care aide attended or viewed an online training video on caring for individuals with dementia.
(c)(1)The department shall notify a registered home care aide in writing of his or her registration expiration date and the process of renewal.
(2)Written notification pursuant to this subdivision shall be mailed to the registered home care aides mailing address of record at least 60 days before the registration expiration date.
SEC. 2.SECTION 1. Section 1796.44 of the Health and Safety Code is amended to read:1796.44. (a) A licensee shall ensure that prior to providing home care services, an affiliated home care aide shall complete the training requirements specified in this section.(b) An affiliated home care aide shall complete a minimum of five hours of entry-level training prior to presence with a client, as follows:(1) Two hours of orientation training regarding their role as caregiver and the applicable terms of employment.(2) Three hours of safety training, including basic safety precautions, emergency procedures, and infection control.(c) In addition to the requirements in subdivision (b), an affiliated home care aide shall complete a minimum of five hours of annual training. The annual training shall relate to core competencies and be population specific, which shall include, but not be limited to, the following areas:(1) Clients rights and safety.(2) How to provide for, and respond to, a clients daily living needs.(3) How to report, prevent, and detect abuse and neglect.(4) How to assist a client with personal hygiene and other home care services.(5) If transportation services are provided, how to safely transport a client.(6) The special care needs of clients with dementia.(d) The entry-level training and annual training described in subdivisions (b) and (c) may be completed through an online training program.
SEC. 2.SECTION 1. Section 1796.44 of the Health and Safety Code is amended to read:
### SEC. 2.SECTION 1.
1796.44. (a) A licensee shall ensure that prior to providing home care services, an affiliated home care aide shall complete the training requirements specified in this section.(b) An affiliated home care aide shall complete a minimum of five hours of entry-level training prior to presence with a client, as follows:(1) Two hours of orientation training regarding their role as caregiver and the applicable terms of employment.(2) Three hours of safety training, including basic safety precautions, emergency procedures, and infection control.(c) In addition to the requirements in subdivision (b), an affiliated home care aide shall complete a minimum of five hours of annual training. The annual training shall relate to core competencies and be population specific, which shall include, but not be limited to, the following areas:(1) Clients rights and safety.(2) How to provide for, and respond to, a clients daily living needs.(3) How to report, prevent, and detect abuse and neglect.(4) How to assist a client with personal hygiene and other home care services.(5) If transportation services are provided, how to safely transport a client.(6) The special care needs of clients with dementia.(d) The entry-level training and annual training described in subdivisions (b) and (c) may be completed through an online training program.
1796.44. (a) A licensee shall ensure that prior to providing home care services, an affiliated home care aide shall complete the training requirements specified in this section.(b) An affiliated home care aide shall complete a minimum of five hours of entry-level training prior to presence with a client, as follows:(1) Two hours of orientation training regarding their role as caregiver and the applicable terms of employment.(2) Three hours of safety training, including basic safety precautions, emergency procedures, and infection control.(c) In addition to the requirements in subdivision (b), an affiliated home care aide shall complete a minimum of five hours of annual training. The annual training shall relate to core competencies and be population specific, which shall include, but not be limited to, the following areas:(1) Clients rights and safety.(2) How to provide for, and respond to, a clients daily living needs.(3) How to report, prevent, and detect abuse and neglect.(4) How to assist a client with personal hygiene and other home care services.(5) If transportation services are provided, how to safely transport a client.(6) The special care needs of clients with dementia.(d) The entry-level training and annual training described in subdivisions (b) and (c) may be completed through an online training program.
1796.44. (a) A licensee shall ensure that prior to providing home care services, an affiliated home care aide shall complete the training requirements specified in this section.(b) An affiliated home care aide shall complete a minimum of five hours of entry-level training prior to presence with a client, as follows:(1) Two hours of orientation training regarding their role as caregiver and the applicable terms of employment.(2) Three hours of safety training, including basic safety precautions, emergency procedures, and infection control.(c) In addition to the requirements in subdivision (b), an affiliated home care aide shall complete a minimum of five hours of annual training. The annual training shall relate to core competencies and be population specific, which shall include, but not be limited to, the following areas:(1) Clients rights and safety.(2) How to provide for, and respond to, a clients daily living needs.(3) How to report, prevent, and detect abuse and neglect.(4) How to assist a client with personal hygiene and other home care services.(5) If transportation services are provided, how to safely transport a client.(6) The special care needs of clients with dementia.(d) The entry-level training and annual training described in subdivisions (b) and (c) may be completed through an online training program.
1796.44. (a) A licensee shall ensure that prior to providing home care services, an affiliated home care aide shall complete the training requirements specified in this section.
(b) An affiliated home care aide shall complete a minimum of five hours of entry-level training prior to presence with a client, as follows:
(1) Two hours of orientation training regarding their role as caregiver and the applicable terms of employment.
(2) Three hours of safety training, including basic safety precautions, emergency procedures, and infection control.
(c) In addition to the requirements in subdivision (b), an affiliated home care aide shall complete a minimum of five hours of annual training. The annual training shall relate to core competencies and be population specific, which shall include, but not be limited to, the following areas:
(1) Clients rights and safety.
(2) How to provide for, and respond to, a clients daily living needs.
(3) How to report, prevent, and detect abuse and neglect.
(4) How to assist a client with personal hygiene and other home care services.
(5) If transportation services are provided, how to safely transport a client.
(6) The special care needs of clients with dementia.
(d) The entry-level training and annual training described in subdivisions (b) and (c) may be completed through an online training program.
SEC. 3.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 3.SEC. 2.