SB1057 - Licensing: certified nurse assistants and home health aides.

Enrolled September 04, 2026 Passed IN Senate August 31, 2026 Passed IN Assembly August 31, 2026 Amended IN Assembly August 28, 2026 Amended IN Assembly August 21, 2026 Amended IN Assembly August 19, 2026 Amended IN Assembly June 25, 2026 Amended IN Senate March 25, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1057 Introduced by Senator Becker February 12, 2026 An act to amend Sections 1337.6, 1338.5, 1735, and 1736.6 of, and to repeal and add Sections 1337.9 and 1736.5 of, the Health and Safety Code, relating to health facilities. LEGISLATIVE COUNSEL'S DIGEST SB 1057, Becker. Licensing: certified nurse assistants and home health aides. (1) Existing law provides for the licensure and regulation of health facilities, clinics, home health agencies, and hospice agencies, as defined, by the State Department of Public Health. Existing law provides for the certification of nurse assistants and home health aides by the department. A violation of these provisions by a licensee is a crime. Existing law authorizes the department to deny an application for, initiate an action to suspend or revoke a certificate for, or deny a training and examination application for a nurse assistant or home health aide under specified circumstances. Existing law requires, with some exceptions, the department to deny a training and examination application and deny, suspend, or revoke a certificate if the applicant or certificate holder has been convicted of a violation of or attempted violation of one or more specified crimes. This bill would instead authorize the department to deny an application for, a certificate for, or a training and examination application for, a nurse assistant or home health aide for various reasons, including if an applicant has been convicted of a crime, as specified, within the preceding 7 years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant or home health aide, regardless of whether the applicant was incarcerated for that crime, as specified, and if the applicant has been subjected to formal discipline by the department or a licensing board in or outside California within the preceding 7 years from the date of the application for professional misconduct that would have been cause for discipline, as specified, and that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant or home health aide, as specified. The bill would authorize an applicant or certificate holder whose application to be a nurse assistant or home health aide was denied or certificate was suspended or revoked on the basis of a criminal conviction to, during a period of 2 years after the department receives the criminal record report, provide the department with evidence of good character and rehabilitation or provide the department with evidence that the criminal conviction is no longer grounds for denial, as specified. The bill would prescribe requirements for the department in requesting or acting on a nursing assistant or home health aide applicant’s criminal history information, including if the department decides to deny a training and examination application or certificate. The bill would authorize the department to initiate an action to suspend or revoke a certificate for professional misconduct warranting cause for discipline, as specified. Upon a determination to revoke or suspend a certificate, the bill would prescribe the requirements for the department to notify the certificate holder in writing by certified mail, including providing information about the procedure for the certificate holder to challenge the determination or request reconsideration. By expanding the scope of a crime, this bill would impose a state-mandated local program. (2) Existing law governs the certification of a certified nurse assistant in a licensed skilled nursing or intermediate care facility. Existing law requires renewal of that certification to be conditional upon specified occurrences, including that the certificate holder submitted documentation of completion of 48 hours of in-service training every 2 years, as specified. Existing law requires at least 12 of the 48 hours of in-service training to be completed in each of the 2 years. Existing law requires that 24 of the 48 hours may be obtained through a specified online computer training program. In order to renew an unexpired certificate, existing law requires the certificate holder to, on or before the expiration date, apply for renewal on a form provided by the department and to submit documentation of the required in-service training. Existing law authorizes an expired certificate to be renewed at any time within 2 years of its expiration on the filing of an application for renewal on a form provided by the department and documentation of the required in-service education. This bill would additionally authorize the certificate holder to submit documentation of 48 hours of continuing education every 2 years. The bill would require at least 12 of the 48 hours of continuous education or in-service training to be completed in each of the 2 years. The bill would authorize the 48 continuing education or in-service hours to be obtained through in-person instructions, synchronous online instruction, asynchronous online instruction, or other distance learning formats approved by the department. This bill would require, to renew an unexpired certificate, or authorize, to renew an expired certificate within 2 years after expiration, the certificate holder to submit documentation of the continuing education or in-service training. (3) 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 Text The people of the State of California do enact as follows: SECTION 1. Section 1337.6 of the Health and Safety Code is amended to read: 1337.6. (a) Certificates issued under this article shall be renewed every two years and renewal shall be conditional upon the occurrence of all of the following: (1) The certificate holder submitting documentation of completion of 48 hours of continuing education or in-service training every two years obtained through a provider approved by the department. At least 12 of the 48 hours of continuing education or in-service training shall be completed in each of the two years. The required 48 continuing education or in-service hours may be obtained through in-person instruction, synchronous online instruction, asynchronous online instruction, or other distance learning formats approved by the department. (2) (A) A vendor of online programs for continuing education shall ensure that each online course contains all of the following: (i) An interactive portion where the participants receive feedback, through online communication, based on input from the participant. (ii) Required use of a personal identification number or personal identification information to confirm the identity of the participant. (iii) A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and shall be made available to the department upon demand. (B) The department may approve online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the department’s satisfaction that, through advanced technology, the course and the course delivery meet the other requirements of this section. (3) The certificate holder obtaining a criminal record clearance. (b) Certificates issued under this article shall expire on the certificate holder’s birthday. (c) To renew an unexpired certificate, the certificate holder shall, on or before the certificate expiration date, apply for renewal on a form provided by the department and submit documentation of the required continuing education or in-service training. (d) The department shall give written notice to a certificate holder 90 days in advance of the renewal date and, 90 days in advance of the expiration of the fourth year that a renewal application has not been submitted, and shall give written notice informing the certificate holder, in general terms, of the provisions of this article. Nonreceipt of the renewal notice does not relieve the certificate holder of the obligation to make a timely renewal. Failure to make a timely renewal shall result in expiration of the certificate. (e) Except as otherwise provided in this article, an expired certificate may be renewed at any time within two years after its expiration on the filing of an application for renewal on a form prescribed by the department and documentation of the required continuing education or in-service education. Renewal under this article shall be effective on the date on which the application is filed. If so renewed, the certificate shall continue in effect until the date provided for in this article, when it shall expire if it is not again renewed. (f) If a certified nurse assistant applies for renewal more than two years after the expiration, the certified nurse assistant shall complete an approved 75-hour competency evaluation training program and competency evaluation program. A suspended certificate is subject to expiration and shall be renewed as provided in this article, but this renewal does not entitle the certificate holder, while the certificate remains suspended, and, until it is reinstated, to engage in the certified activity, or in any other activity or conduct in violation of the order or judgment by which the certificate was suspended. (g) A revoked certificate is subject to expiration as provided in this article, but it cannot be renewed. (h) Except as provided in subdivision (i), a certificate that is not renewed within four years after its expiration cannot be renewed, restored, reissued, or reinstated except upon completion of a certification program unless deemed otherwise by the department if both of the following conditions are met: (1) No fact, circumstance, or condition exists that, if the certificate was issued, would justify its revocation or suspension. (2) The person takes and passes any examination that may be required of an applicant for a new certificate at that time, that shall be given by an approved provider of a certification training program. (i) A certified nurse assistant whose certificate has expired after two years may have their certificate renewed if they complete 75 hours in an approved competency evaluation training program, passes a competency test, and obtains a criminal background clearance prior to the renewal. The department shall develop a training program for these previously certified individuals. (j) Certificate holders shall notify the department within 60 days of any change of address. Any notice sent by the department shall be effective if mailed to the current address filed with the department. (k) Certificate holders that have been certified as both nurse assistants pursuant to this article and home health aides pursuant to Chapter 8 (commencing with Section 1725) of Division 2 shall renew their certificates at the same time on one application. SEC. 2. Section 1337.9 of the Health and Safety Code is repealed. SEC. 3. Section 1337.9 is added to the Health and Safety Code, to read: 1337.9. (a) The Legislature finds and declares all of the following: (1) Recidivism is reduced when people convicted of a crime are given the opportunity to secure employment and engage in a trade, occupation, or profession. (2) It is in the interest of public safety to assist in the rehabilitation of people convicted of a crime by removing impediments and restrictions upon the person’s ability to obtain employment or engage in a trade, occupation, or profession based solely upon the existence of a criminal record. (3) It is the intent of the Legislature that the department, in determining eligibility under this section, have discretion to consider a conviction, but that the conviction not operate as an automatic bar to certification. (b) Notwithstanding any other state law or regulation, the department may deny an application for, or deny a training and examination application for, a nurse assistant on the grounds that the applicant has been convicted, as defined in subdivision (k), of a crime or has been subject to formal discipline if either of the following conditions are met: (1) (A) The applicant has been convicted of a crime within the preceding seven years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is directly or adversely related to the qualifications, functions, or duties of a certified nurse assistant and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application. (B) If the applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code, or a misdemeanor or felony involving financial abuse, the conviction may be considered regardless of when the conviction occurred. (2) (A) The applicant has been subjected to formal discipline by the department or a licensing board in or outside California within the preceding seven years from the date of application based on professional misconduct that would have been cause for discipline before the department, as described in subdivision (h), and that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant. (B) (i) The prior disciplinary action by the department or a licensing board within the preceding seven years shall not be the basis for denial of a training and examination application or certificate if the basis for that disciplinary action was a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.4b, or 1203.425 of the Penal Code or a comparable dismissal or expungement. (ii) Formal discipline that occurred earlier than seven years preceding the [Text truncated for display. Full text available on LegiScan.]