Expired CNA Certification - Health and Safety Code 1337.2(g) - Misdemeanor Defense (818)-590-8294
California Certified Nursing Assistants who work in a Nursing Home may be criminal charged and prosecuted for failing to renew their CNA certification. The California Department of Justice vigorously examines nursing homes as part of their elder abuse and Medi-Cal Fraud unit.
CNA Certification Renewal - Health and Safety Code 1337.2 - Misdemeanor Defense (818) 590-8294California Health and Safety Code 1337.2(f)(g) state as follows:
(f) Any person holding a nurse assistant certificate issued by the state department prior to January 1, 1988, may continue to hold himself or herself out as a certified nurse assistant until January 1, 1991. Thereafter, it shall be unlawful for any person not certified under this article to hold himself or herself out to be a certified nurse assistant. Any person willfully making any false representation as being a certified nurse assistant is guilty of a misdemeanor.
(g) Any person who violates this article is guilty of a misdemeanor and, upon a conviction thereof, shall be punished by imprisonment in the county jail for not more than 180 days, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
Defenses to Misdemeanor Criminal Charges for CNA Certification Renewal - Defense (818) 590-8294There are many defenses to criminal charges filed under Health and Safety Code 1337.2(g), including but not limited to:
1. The CNA did not willfully make any false representation;
2. THe CNA did not willfully fail to renew his or her license;
3. The CNA was under and honest and good faith belief that his or her license was renewed
4. The Defendant was not working in the capacity as I CNA at the time;
5. The CNA was informed that his or her license was in good standing.
Employer Providing a Defense to the CNA for Criminal Charges - Defense Attorney (818) 590-8294During a criminal investigation, a CNA has certain rights that require his employer to provide the CNA legal representation. Under California Labor Code 2802(a), an employer has an obligation to indemnify his or her employees for all the necessary expenditures or losses the employee has incurred that are a direct consequence of his or her employment duties. If the employee acted within the scope of his employment and the employer believes that the employee did not commit a crime, the employer may afford its employee a defense. An employee who acted under the obedience and direction of his employer, even though unlawful, the employee has a right to indemnification unless the employee at the time of obeying the directions of the employer, believed his conduct was unlawful. Thus, if the employer believes that the CNA did not wilfully and unlawfully fail to renew his or her CNA certification, the employer may provide a defense to the employee in certain circumstances.
CNA Alternatives to Sentencing to H&S Code 1337.2 - Misdemeanor Defense Attorney (818) 590-8294Besides the harsh sentencing requirements provided by the Code, there may be alternative options available to the CNA to prevent a plea. A plea to the code section may have collateral effects including loss of employment, license, and loss of future employment. Some alternatives to these charges would be informal diversion, formal diversion, different code section, or jury trial.