Cal. Code Regs. Tit. 11, § 824.2 - Delegate Agreement Between Authorizing User and Delegate

(a) An Authorizing User must enter into a Delegate Agreement with each Delegate to whom that Authorizing User delegates authority under this article. The Delegate Agreement must meet all of the following requirements:

(1) The Delegate Agreement includes, at a minimum, all of the following:

(A) A statement acknowledging the Authorizing User's understanding of the requirement in section 824.6, subdivision (a).

(B) A statement acknowledging the Delegate's understanding of, and agreement to comply with, the laws and regulations governing the Delegate's access and use of CURES, including the requirements 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) A statement acknowledging the Delegate's understanding that the Delegate's access and use of CURES is subject to audit by the Authorizing User.

(D) A statement acknowledging that the Authorizing User or the Delegate may terminate the Delegate Agreement, in either party's sole discretion, prior to the expiration of the term of that Delegate Agreement.

(E) An effective date of the delegation of authority, and an expiration date of the delegation of authority, which will establish the term of the Delegate Agreement.

(2) The Delegate Agreement must only be between one Authorizing User and one Delegate, or between one Authorizing User and multiple Delegates. This limitation does not prevent a Delegate from having multiple Authorizing Users.

(3) The term of the Delegate Agreement between the Authorizing User and the Delegate must not exceed 12 months from the effective date of that Delegate Agreement.

(4) The Delegate Agreement may include additional requirements or provisions to which the parties consent, provided those requirements are consistent with the laws and regulations governing the Delegate's access and use of CURES and which, if found to conflict, will be subordinate to the laws and regulations governing the Delegate's access and use of CURES.

(5) The Delegate Agreement must be signed and dated by the Authorizing User and the Delegate.

(b) If an Authorizing User cancels a Delegate association with a Delegate under section 824.8, subdivision (c), the Delegate Agreement between the Authorizing User and the Delegate will automatically terminate without further action by the Authorizing User.

(c) If an Authorizing User or a Delegate terminates a Delegate Agreement prior to the expiration of the term of that Delegate Agreement, and the Delegate Agreement is between one Authorizing User and multiple Delegates, the Delegate Agreement will remain in full force and effect as to the remaining Delegates.

(d) Upon expiration of the term of a Delegate Agreement between an Authorizing User and a Delegate, the Authorizing User's delegation of authority to that Delegate will be automatically terminated, unless the Authorizing User and the Delegate enter into a new Delegate Agreement under this section that takes effect upon expiration of the term of the existing Delegate Agreement.

(e) A fully executed copy of any Delegate Agreement between an Authorizing User and a Delegate under this section must be retained by both parties for a period of five years from the expiration of the term of that Delegate Agreement. Upon request, the Authorizing User and the Delegate must provide the Delegate Agreement to the Authorizing User's Licensing Board or Out-of-State Licensing Board, the California Department of Consumer Affairs, or the Department.

Notes

Cal. Code Regs. Tit. 11, § 824.2

1. Change without regulatory effect renumbering and amending former section 824, subsections (b)-(b)(4)(D) to new section 824.2 filed 2-2-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 6).
2. Renumbering of former section 824.2 to section 826.2 and new section 824.2 filed 8-15-2022; operative 8-15-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33).

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 renumbering and amending former section 824, subsections (b)-(b)(4)(D) to new section 824.2 filed 2-2-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 6).
2. Renumbering of former section 824.2 to section 826.2 and new section 824.2 filed 8-15-2022; operative 8/15/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33).