Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The licensee shall ensure that personnel records are maintained on the licensee, administrator, and each employee. Each personnel record shall contain the following information:
(1) Employee's full name.
(2) Driver's license number if the employee is to transport clients.
(3) Date of employment.
(4) A statement signed by the employee that he/she is at least 18 years of age.
(5) Home address and phone number.
(6) Documentation of the educational background, prior and on-going training and/or experience.
(7) Past experience, including types of employment and former employers.
(8) Duties of the employee.
(9) Termination date if no longer employed by the day program.
(10) A health screening, as specified in Section 82065(g).
(11) Tuberculosis test results, as specified in Section 82065(g)(1).
(12) For employees that are required to be fingerprinted pursuant to Section 82019(a):
(A) A signed statement regarding their criminal record history as required by Section 82019(d).
(B) Documentation of either a criminal record clearance or exemption as required by Section 82019(e).
1. For Certified Administrators, a copy of their current and valid Administrator Certification meets this requirement.
(b) Personnel records shall be maintained for all volunteers and shall contain the following information:
(1) A health statement as specified in Section 82065(g)(1)(B).
(2) Tuberculosis test results as specified in Section 82065(g)(1)(B).
(3) For volunteers that are required to be fingerprinted pursuant to Section 82019(a),
(A) A signed statement regarding their criminal record history as required by Section 82019(d).
(B) Documentation of either a criminal record clearance or exemption as required by Section 82019(e).
(c) All personnel records shall be available to the licensing agency to inspect, audit, and copy upon demand during normal business hours. Records may be removed if necessary for copying. Removal of records shall be subject to the following requirements:
(1) Licensing representatives shall not remove any current emergency and health-related information for current personnel unless the same information is otherwise readily available in another document or format.
(2) Prior to removing any records, a licensing representative shall prepare a list of the records to be removed, sign and date the list upon removal of the records, and leave a copy of the list with the administrator or designee.
(3) Licensing representatives shall return the records undamaged and in good order within three business days following the date the records were removed.
(d) All personnel records shall be maintained at the program site.
(1) The licensee shall be permitted to retain these records in a central administrative location provided that they are readily available to the licensing agency at the program site as specified in Section 82066(c).
(e) In all cases, personnel records shall document the hours actually worked.
(f) All personnel records shall be retained for at least three years following termination of employment.
1. New section filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
Note: Authority cited: Sections 1530 and 1530.1, Health and Safety Code. Reference: Sections 1501, 1531 and 1562, Health and Safety Code.
