Complaints/reports of unprofessional conduct include, but are not limited to:
- Abuse
- Neglect
- Fraud
- Theft/embezzlement
- Working on an expired certificate/license
- Failure to report unprofessional conduct
Please complete and submit the Complaint Form (CDPH 318) (PDF). You may also write a complaint by providing the following, if known:
- Name, address, and telephone number of the subject of complaint
- Facility/Employer name and address of the subject of complaint
- If different, name and address of incident location
- Date, time, and details of the allegation, including names and witnesses and victims involved
- Name, address, and telephone number of the reporting party/complainant
To file a complaint against Certified Nurse Assistants (CNAs), Home Health Aide (HHAs), and Certified Hemodialysis Technicians (CHTs), complete and submit the Complaint Form (CDPH 318) (PDF):
āPhone | āMail |
āEmail: cnamisconduct@cdph.ca.gov
Message Center: (916) 492-8232
(calls returned by next business day)
Main Line: (916) 445-4423
Fax: (916) 552-8788 | āInvestigation Branch/
Investigation Section
P.O. Box 997416, MS 3303
Sacramento, CA 95889-7416 |
To file a complaint against Nursing Home Administrators (NHAs):
āPhone | āMail |
āEmail: NHAP@cdph.ca.gov
Main: (916) 552-8780
Fax: (916) 552-8777 | āNHAP Complaints
P.O. Box 997416, MS 3302
Sacramento, CA 95899-7416
|
Yes, however, complaints that do not include the name of the person involved are difficult to investigate. It is important to provide specific details, including dates and times, list of witnesses or contacts, as well as any documentary evidence. If a complainant āconfidentiallyā provides his or her name, address or telephone number, the Department cannot guarantee anonymity if the case goes to hearing.
The Investigation Branchās Investigation Section conducts investigations of complaints alleging unprofessional conduct, abuse, or misappropriation against a certified nurse assistant, home health aide, or hemodialysis technician if the complaint is within its authority. The Investigation Section gathers evidence, relevant documents and information, conduct interviews, documents the investigation, determines whether the allegation is substantiated or not, and recommends disciplinary action, if warranted.
(a) When allegations are not substantiated, no disciplinary action is taken. The subject, facility where the incident allegedly occurred, subjectās known employer, and complainant are notified of the outcome of the investigation.
When a complaint is received and it is not within the Investigation Sectionās authority, the Investigation Section refers it to the correct regulatory agency, if appropriate, and notifies the complainant.
In order to ensure that the success of the investigation is not jeopardized, staff cannot discuss details or give status updates on complaints pending investigation. Complaints are confidential and are not public record.
This depends on the complexity of a complaint and the type of review necessary to address the allegation. It also depends on whether a complaint is substantiated.
California law states: āAny person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, whether or not he or she receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency, is a mandated reporter.ā (Welfare & Institutions Code, section 15630)
A ācare custodianā is defined as an administrator or an employee of a public or private agency who provides care for elders and dependent adults as part of his or her official duties, including support and maintenance staff. Therefore, all health practitioners and all employees in a long-term health care facility are mandated reporters.
Yes. Under California law, mandated reporters who fail to report known or suspected instances of abuse, neglect, misappropriation, unprofessional conduct, etc. are guilty of a crime. Failure to report physical abuse, abandonment, isolation, financial abuse, or neglect of an elder or dependent adult is a misdemeanor, punishable by not more than six (6) months in county jail or by a fine of not more than one thousand dollars ($1,000), or by both a fine and imprisonment; AND any mandated reporter who willfully fails to report physical abuse, abandonment, isolation, financial abuse, or neglect of an elder or dependent adult, where that abuse results in death or great bodily injury, is punishable by not more than one year in a county jail or by a fine of not more than five thousand dollars ($5,000), or by both a fine and imprisonment. Action may also be taken against the mandated reporterās license or certification for failing to timely report an incident. If you have doubts or concerns, it is best to file a report. There is no penalty for filing a report.
Complaints involving registered nurses or licensed vocational nurses, and not a CNA/HHA/CHT or nursing home administrator should be reported to the Department of Consumer Affairs or call (800) 952-5210.
If the complaint or report is related to a residential care facility, it should be reported to the Department of Social Services or call (844) 538-8766.