to the requirements of section 824.2, subdivision (a), an individual to whom
authority is delegated by an Authorizing User may access data in CURES as a Delegate
for that Authorizing User if the individual to whom authority is delegated qualifies
as at least one of the following:
Prescriber, Out-of-State Prescriber, Non-DEA Practitioner, Pharmacist, or
Out-of-State Pharmacist, who is under the common control of the same Covered Entity
as the Authorizing User.
Authorized Health Care Provider who is under the common control of the same Covered
Entity as the Authorizing User.
Workforce Member who needs access to Protected Health Information to carry out the
Workforce Member's duties.
Veterinary Workforce Member who needs access to Personal Identifying Information to
carry out the Veterinary Workforce Member's duties.
An Authorizing User must immediately terminate
that Authorizing User's delegation of authority to a Delegate under this article,
including cancellation of the Delegate association with that Delegate under section
824.8, subdivision (c), if any of the following occur:
(1) The Delegate is no longer eligible under
(2) The terms of the
Delegate Agreement between the Authorizing User and the Delegate require
(3) The Delegate Agreement
between the Authorizing User and the Delegate is terminated by the Authorizing User
or the Delegate prior to the expiration of the term of that Delegate
(4) The Authorizing User
becomes aware of any violation by the Delegate of any requirements of this article,
including the restrictions on accessing data in CURES under section 824.6, and the
requirements on use and disclosure of data obtained from CURES under section
(c) If an Authorizing
User terminates that Authorizing User's delegation of authority to a Delegate under
section 824.1, subdivision (b)(4), the Authorizing User must immediately notify the
Department and the Authorizing User's Licensing Board or Out-of-State Licensing
Board in writing of the termination and the basis of the termination. If a Delegate
terminated under section 824.1, subdivision (b)(4), is licensed by a Licensing Board
or Out-of-State Licensing Board, the Authorizing User must also immediately notify
the Delegate's Licensing Board or Out-of-State Licensing Board in writing of the
termination and the basis of the termination.
(d) If an Authorizing User's access to CURES is
suspended or terminated, the Department must suspend any Delegate of the Authorizing
User from accessing CURES on behalf of that Authorizing User.
Cal. Code Regs. Tit.
Note: Authority cited: Section
Health and Safety Code. Reference: Sections
Health and Safety Code.
1. Change without
regulatory effect adopting new article 2.4 (sections 824.1-824.6) and renumbering
former section 824, subsections (a)-(a)(2) to new section 824.1, including amendment
of section heading and section, filed 2-2-2021 pursuant to section 100, title 1,
California Code of Regulations (Register 2021, No. 6).
2. Renumbering of
former article 2.4 to article 2.6, renumbering of former section 824.1 to section
826.1, new article 2.4 (sections 824.1-824.9) and new section 824.1 filed 8-15-2022;
pursuant to Government Code section
2022, No. 33).