(a)

1. (1) The department may prohibit an individual from serving as a member of the board of directors or governing body, an executive director, an officer, or being a licensee of a home care organization, if the individual has done any of the following:

   1. (A) Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or implementing regulations.
   2. (B) Engaged in conduct that is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from a home care organization, or the people of the State of California.
   3. (C) Been denied a criminal record exemption by the department when that person has been convicted of a crime specified in Section 1522.
   4. (D) Engaged in any other conduct that would constitute a basis for disciplining a licensee of a home care organization.
   5. (E) Engaged in acts of financial malfeasance concerning the operation of a home care organization.
2. (2) The department also may prohibit a licensee from employing or continuing to employ an individual, or allowing an individual to volunteer at a home care organization if there is contact with clients, prospective clients, or confidential client information, if the individual has engaged in any conduct described in subparagraphs (A) to (E), inclusive, of paragraph (1).

(b)

1. (1) The department may require the immediate removal of an individual listed in subdivision (a) from contact with clients, prospective clients, or confidential client information of a home care organization, pending a final decision of the matter, when the action is necessary to protect clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety.
2. (2) If the department requires the immediate removal of an individual listed in subdivision (a), the department shall serve an order of immediate exclusion upon the excluded person, which shall notify the excluded person of the basis of the department’s action and of the excluded person’s right to a hearing.
3. (3) The notice shall be served either by personal service or registered mail. Within 15 calendar days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department.

4. (4) 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:

   1. (A) Within 30 calendar days of receipt of the appeal, serve an accusation upon the excluded person.
   2. (B) Within 60 calendar days of receipt of a notice of defense by the excluded person pursuant to Section 11506 of the Government Code, begin a hearing on the accusation.
5. (5) An order of immediate exclusion may exclude an individual listed in subdivision (a) from a home care organization, the home care aide registry, or both, and shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the order of immediate exclusion shall be deemed to be vacated if the director fails to make a final determination on the merits within 60 calendar days after the proposed decision is issued.

(e)

1. (1) The department may institute or continue a disciplinary proceeding against an individual listed in subdivision (a) upon any ground provided by this section, or enter an order prohibiting any person from being a member of the board of directors or governing body, an executive director, an officer, a licensee, or from contact with clients, prospective clients, or access to confidential client information of the home care organization or otherwise take disciplinary action against the excluded person, notwithstanding any withdrawal of home care organization application, withdrawal of registry application, resignation, withdrawal of employment application, surrender of registration, surrender of home care organization license, forfeiture, change of duties, discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients of the home care organization.
2. (2) 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 1796.38.

(f) If the excluded person appealed the exclusion order, and the exclusion order was upheld through the administrative hearing process, the person shall be prohibited for the remainder of the excluded person’s life, unless otherwise ordered by the department, from doing any of the following:

1. (1) Serving as a member of the board of directors or governing body, an executive director, an officer, or a licensee of a home care organization.
2. (2) Being employed at, continuing employment, or volunteering at a home care organization if the individual has contact with clients, prospective clients, or confidential client information of a home care organization.
3. (3) Becoming, or continuing to be, a registered home care aide.
4. (4) Having contact with clients, prospective clients, or access to confidential client information of a home care organization.