Gov. Jerry Brown has signed legislation aimed at eliminating obstacles faced by people with criminal records applying for certified nursing assistant licenses.
The measure, Senate Bill 1384, removes the requirement that the state Department of Public Health deny certified nursing assistant licenses for applicants who have certain convictions on their records.
Sen. Holly Mitchell, D-Los Angeles, introduced the bill. It was supported by the San Francisco-based civil rights organization Equal Rights Advocates but was opposed by the health department, according to a report by Sam Levin of The East Bay Blog News, Seven Days.
The bill removes the practice of automatic rejections, or mandatory denials, while keeping in place the department’s ability to deny individuals found not suitable for certification, Levin reported.
“The blanket exclusion of women who apply for CNA jobs solely on the basis of their conviction history means that they are being punished once again after they have served their time. These are women who … are rehabilitated, and who are trying to make a living wage to support their families,” Mitchell said in a statement.
Under current law, there are approximately 70 offenses, some non-violent, that lead to an automatic rejection of nursing assistant license, Levin notes.
Supporters of SB 1384 call it a reform and point out that a key element to reducing recidivism is access to employment, and that past criminal convictions do not necessarily dictate that a prospective employee’s performance will be less than satisfactory, adds Levin.
“SB 1384 would limit (the health department’s) ability to deny a nursing assistant application … and removes (its) ability to adequately protect patients,” says an opposition letter signed by Monica Wagoner, a deputy health department director, according to Levin.
Levin adds some SB 1384 supporters pointed out that many healthcare professions, such as dentists and mental health workers, are not automatically denied licenses or certifications as result of a conviction.
“SB 1384 gives people the chance to prove – through character and employment references, certificates of training and treatment, and other relevant evidence — that they have overcome the significant life obstacles that led to their convictions,” Mitchell noted.
