Cal. Code Regs. Tit. 11, § 824.1 - Eligibility for Access to CURES

(a) Subject 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:

(1) A 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.

(2) An Authorized Health Care Provider who is under the common control of the same Covered Entity as the Authorizing User.

(3) A Workforce Member who needs access to Protected Health Information to carry out the Workforce Member's duties.

(4) A Veterinary Workforce Member who needs access to Personal Identifying Information to carry out the Veterinary Workforce Member's duties.

(b) 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 subdivision (a).

(2) The terms of the Delegate Agreement between the Authorizing User and the Delegate require termination.

(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 Agreement.

(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 824.7.

(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.

Notes

Cal. Code Regs. Tit. 11, § 824.1

Note: Authority cited: Section 11165, Health and Safety Code. Reference: Sections 11030, 11165, 11165.1, 11165.3, 11165.4, 11165.6 and 11190, 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; operative 8/15/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33).