Cal. Code Regs. Tit. 22, § 85092.7 - Staph or Other Serious, Communicable Infections

(a) A licensee may accept or retain a client who has a staph or other serious communicable infection if all of the following conditions are met:
(1) The licensee is in compliance with Section 80092.1.
(2) The licensee has obtained a statement from the client's physician that the infection is not a risk to other clients.
(3) The licensee monitors the client's ongoing ability to care for their own condition and comply with the instructions of the licensed professional managing the client's care.
(A) The licensed professional may delegate certain aspects of the care provided the facility staff responsible for providing the care receive training from a licensed professional as specified in Sections 80092.1(k) through (k)(2) prior to providing care.
(4) The licensee ensures that a licensed professional assesses the infection and evaluates the treatment at intervals set by the physician or a licensed professional designated by the physician.
(5) The licensee ensures that prior to providing care, staff are trained in and follow Infection Control Requirements, as specified in Section 85095.5, and any other procedures recommended by the licensed professional for protection of the client who has the infection, other clients, and staff.
(6) The licensee ensures that all aspects of care performed in the facility by the licensed professional and facility staff are documented in the client's file.
(b) If the licensed health professional delegates routine care, the following requirements must be met for the health conditions specified in subsection 85092.7(a):
(1) The licensee shall obtain written documentation from the licensed professional outlining the procedures and the names of the facility staff who have been trained in those procedures.
(2) The licensee ensures that the licensed professional reviews staff performance as often as necessary, but at least annually.

Notes

Cal. Code Regs. Tit. 22, § 85092.7
1. New article 8 (sections 85092.7-85095.5) and section filed 2-7-2022 as an emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be repealed by operation of law on the following day.
2. New article 8 (sections 85092.7-85095.5) and section refiled 8-8-2022 as an emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2022 or emergency language will be repealed by operation of law on the following day.
3. New article 8 (sections 85092.7-85095.5) and section refiled 11-7-2022 as an emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed 3-20-2023 (Register 2023, No. 12).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health and Safety Code.

1. New article 8 (sections 85092.7-85095.5) and section filed 2-7-2022 as an emergency; operative 2/7/2022 (Register 2022, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be repealed by operation of law on the following day.
2. New article 8 (sections 85092.7-85095.5) and section refiled 8-8-2022 as an emergency; operative 8/8/2022 (Register 2022, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2022 or emergency language will be repealed by operation of law on the following day.
3. New article 8 (sections 85092.7-85095.5) and section refiled 11-7-2022 as an emergency; operative 11/7/2022 (Register 2022, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed 3/20/2023 (Register 2023, No. 12).

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