El Dorado County Municipal Code Ch. 5.30 Elder and Dependent Adult Protection

The following words and phrases, when used in this title, shall be construed as follows:

A. Caregiver and home care aide means any person that provides personal and/or home care services and in-home services for profit, compensation or any form of consideration for an elder and/or dependent adult.

B. Dependent adult has the same meaning as used in Penal Code Section 368 (any person between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. "Dependent Adult" includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility).

C. Elder has the same meaning as used in Penal Code Section 368 (any person who is 65 years of age or older).

D. For profit means any type of compensation or consideration, whether in the form of current or future benefit, provided by the elder and dependent adults to the caregiver for the caregiver's services.

E. Home care services or in-home services means nonmedical services and assistance provided by a home care aid to a client who, because of advanced age or physical or mental disability, cannot perform these services. These services enable the client to remain in his or her residence and include, but are not limited to, assistance with the following: bathing, dressing, feeding, exercising, personal hygiene and grooming, transferring, ambulating, positioning, toileting and incontinence care, assisting with medication that the client self-administers, housekeeping, meal planning and preparation, laundry, transportation, correspondence, making telephone calls, shopping for personal care items or groceries, and companionship.

F. Independent home care aide means an individual, 18 years of age or older, who is not employed by a home care organization [as defined in Home Care Services Consumer Protection Act], but who is listed on the home care aide registry and is providing home care services through a direct agreement with a client.

G. Client means an individual who receives home care services from a registered home care aid.

H. Home care aide registry means a State department-established and department-maintained Internet Web site of registered home care aides and home care aide applicants.

I. Home care organization means an individual, 18 years of age or older, firm, partnership, corporation, limited liability company, joint venture, association, or other entity that arranges for home care services by an association, or other entity that arranges for home care services by an affiliated home care aide to a client and is licensed pursuant to the Health and Safety Code.

J. Affiliated home care aide means an individual, 18 years of age or older, who is employed by a home care organization to provide home care services to a client.

(Ord. No. 5008, § 1, 6-24-2014)

A. It is unlawful for any person, including individuals who are not employed by a home care organization but who provide home care services to a client, unless expressly exempted by Home Care Services Consumer Protection Act, Article 2, Section 1796.14 (c), to act as a caregiver and/or home care aid for profit or compensation unless such individual is listed on the home care aide registry pursuant to the Home Care Services Consumer Protection Act.

B. Violation of this chapter is a misdemeanor, punishable by a fine, imprisonment in the county jail up to one year, or a combination of both.

(Ord. No. 5008, § 1, 6-24-2014)

Each applicant, including individuals who are not employed by a home care organization but who provide home care services to a client in El Dorado County, California, unless expressly exempted by Home Care Services Consumer Protection Act, Article 2, Section 1796.14 (c) shall comply with the conditions and requirements of Home Care Services Consumer Protection Act, Article 3, Chapter 1796.19, and Article 4, Sections 1796.19, 1796.21, 1796.22, 1796.23 and 1796.24.

(Ord. No. 5008, § 1, 6-24-2014)

An application for registrations may be denied, and registration may be revoked pursuant to Home Care Services Consumer Protection Act, Article 4, Sections 1796.25 and 1796.26.

(Ord. No. 5008, § 1, 6-24-2014)

To remain on the home care aide registry, each registered home care aide, including individuals who are not employed by a home care organization but who provide home care services to a client, unless expressly exempted by Home Care Services Consumer Protection Act, Article 2, Section 1796.14 (c), shall renew his or her registration every two years, pursuant to Home Care Services Consumer Protection Act, Article 5, Section 1796.31.

(Ord. No. 5008, § 1, 6-24-2014)