California Code of Regulations
Title 22 - Social Security
Division 6 - Licensing of Community Care Facilities
Chapter 3 - Adult Day Programs
Article 8 - Incidental Medical Services
Section 82092.7 - Staph or Other Serious, Communicable Infections

Universal Citation: 22 CA Code of Regs 82092.7

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(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 82092.1, General Requirements for Restricted Health Conditions.

(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 his/her own condition by complying with the instructions of the licensed professional who is managing the client's care.
(A) The licensed professional may delegate certain aspects of the care providing the program staff responsible for providing the care receive training from a licensed professional as required by Section 82092.1(a)(5)(B) 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, pursuant to Section 82095.5, and any other procedures recommended by the licensed professional for protection of the client who has the infection and other clients and staff.

(6) The licensee ensures that all aspects of care performed in the program by the licensed professional and program staff are documented in the client's file.

1. New section filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
2. Amendment of subsection (a)(5) 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 A Certificate of Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a)(5) 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 A Certificate of Compliance must be transmitted to OAL by 11-7-2022 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (a)(5) 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.
5. 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: Sections 1530 and 1530.1, Health and Safety Code. Reference: Sections 1501, 1502 and 1507, Health and Safety Code.

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