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
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.
2. Renumbering of former section 824.2 to section 826.2 and new section 824.2 filed 8-15-2022; operative
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