CALIFORNIA CODE OF REGULATIONS - State of California

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Page 647 TITLE 22. DIVISION 5 — LICENSING & CERTIFICATION OF HEALTH FACILITIES § 75327 § 75307. Registered Record Administrator. Registered record administrator means a person who is registered as such by the American Medical Record Association. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Section 1226, Health and Safety Code. Article 2. License § 75309. Application Required. (a) A signed application shall be submitted to the Department for prior approval in any of the following circumstances: (1) Establishment of a psychology clinic. (2) Change of ownership. (3) Change of license classification. (4) Operation of a psychology clinic at a new location. (b) Within 30 days of receipt of an application the Department shall inform the applicant, in writing, that the application is complete and accepted for filing or that the application is deficient and what specific information is required. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Sections 1204.1, 1205 and 1226, Health and Safety Code and Section 15376(a) Government Code. § 75311. Content of Application. (a) In addition to the contents of an application as required by Section 1212, Health and Safety Code, an application shall contain the following: (1) The applicant’s principal place of business. (2) The date and state of incorporation for all incorporated applicants, corporation number and, if a foreign corporation, evidence of authority to do business in the State of California. (3) A copy of the Internal Revenue Service determination letter, pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, which is required for all nonprofit corporations. (4) Name of the administrator and a description of the administrator’s experience and background and, where the same person is the administrator of more than one clinic, the name of, and the number of hours spent in each clinic per week. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Sections 1204.1, 1212 and 1226, Health and Safety Code. § 75313. Fees. (a) The application fee for licensure shall not be refunded to the applicant if the application is withdrawn by the applicant or denied by the Department. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Sections 1204.1 and 1214.5, Health and Safety Code. § 75315. Posting. The license shall be conspicuously posted in a location accessible to public view. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Sections 1204.1 and 1205, Health and Safety Code. § 75317. Report of Changes. (a) Any change in the principal officer such as chairperson, president, or general manager of the governing board shall be immediately reported in writing to the Department, but in no case later than 10 days following such change. Such written notice shall include the name and principal business address of each new principal officer. (b) When a change in administrator occurs, the Department shall be immediately notified in writing, but in no case later than 10 days following such change. Such notification shall include the name of the new administrator, the mailing address, the date of assuming office and a brief description of his or her background and qualifications. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Sections 1204.1, 1212 and 1226, Health and Safety Code. Article 3. Basic Services § 75321. Basic Services—General Requirements. (a) All advice, diagnosis, and treatment shall be provided only by persons authorized by law to provide such services. (b) Diagnostic and therapeutic services for the care and treatment of patients for whom the clinic accepts responsibility shall be provided in the clinic, or arranged for by the clinic with other licensed, certified, or registered providers. (c) A psychology clinic shall provide reference materials and written patient care policies and procedures as described in Section 75325, which are approved by the Governing Body and are readily available to clinic personnel. (d) The clinic may be required by the Department to obtain consultation where necessary to meet the patient care standards specified in these regulations. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Sections 1204.1 and 1226, Health and Safety Code. § 75323. Basic Services—Psychology Staff. (a) Every psychology clinic shall have a clinical psychologist as defined in Section 1316.5(c), Health and Safety Code, designated as the professional director. (b) The professional director’s responsibilities, acting alone or through an organized staff, shall include: (1) Establishing, reviewing, and maintaining psychological policies and standards, which shall be reviewed at least annually. (2) Assuring the quality of psychological services provided to all patients treated by the clinic. (3) Establishing and implementing a system of peer review, pursuant to written procedures. (4) Ensuring that all personnel are qualified by training and experience to perform those services they are assigned to provide. (5) Reviewing credentials of the psychologists providing service in the clinic. (c) At least one staff member of the clinic shall have admitting privileges to a hospital to ensure the availability of needed hospital services or a written plan, approved by the Department, to ensure that needed hospital services are available. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Sections 1204.1 and 1226, Health and Safety Code. § 75325. Basic Services—Policies and Procedures. (a) Written policies and procedures which the clinic shall implement shall include, but not be limited to: (1) Description of the type and scope of services which the clinic will provide. (2) Policies relating to patient care. (3) Provisions for the education of patients in preventive, therapeutic and mental health maintenance care. (4) Plans for follow–up of patients treated in the clinic which may include home care consistent with Section 1200.1, Health and Safety Code. (5) Referral of patients to other agencies or health facilities. (6) Provisions for handling emergencies and unusual occurrences. (7) Procedures ensuring compliance with the legal requirements relative to the treatment of minors and persons who are under guardianship or conservatorship. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Sections 1204.1 and 1226, Health an Safety Code. Article 4. Administration § 75327. Governing Body. (a) The governing body shall have full legal authority and responsibility for the operation of the psychology clinic including compliance with all applicable federal, state and local laws and regulations.
§ 75329 CALIFORNIA CODE OF REGULATIONS Page 648 (b) The governing body shall operate pursuant to articles of incorporation and by–laws. (c) Written records of all proceedings of the governing body shall be maintained and made available to the Department upon request. (d) The governing body shall appoint an administrator by governing body resolution. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Sections 1204.1 and 1226, Health and Safety Code. § 75329. Administrator. (a) The governing body shall delegate to the administrator authority to carry out the day–to–day functions of the psychology clinic and the responsibility for ensuring that the psychology clinic conforms to all applicable federal, state and local laws and regulations. (b) The qualifications, authority, and duties of the administrator shall be defined in a job description approved by the governing body. (c) The administrator shall devote sufficient time to administrative responsibilities to ensure the proper administration and management of the psychology clinic. The administrator may be responsible for more than one psychology clinic only if all clinics are operated by the same governing body. (d) The administrator shall designate in writing an individual to act in his or her absence, in order to provide the clinic with administrative direction at all times. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Sections 1204.1 and 1226, Health and Safety Code. § 75331. Written Administrative Policies. (a) Written administrative policies shall be established and implemented and shall be reviewed at least annually and revised as necessary. (b) The policies shall include but not limited to the following: (1) Management and personnel policies which include job descriptions detailing the functions of each classification of employee or volunteer. (2) Policies for acceptance of a patient and termination of services shall include rate of charge for care, charges for outside services, limitation of services, cause for termination of services and refund policies applying to termination of services. These policies shall be made available to patients or their agents upon admission and upon request and shall be made available to the public upon request. (3) Policies and procedures governing patient treatment records. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Sections 1204.1 and 1226, Health and Safety Code. § 75333. Employees. (a) The psychology clinic shall recruit qualified personnel and provide initial orientation of new employees, a continuing in–service training program, and supervision designed to improve patient services and employee efficiency. (b) The clinic shall provide a copy of the appropriate job description to each person employed or volunteering to work in the clinic. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Sections 1204.1 and 1226, Health and Safety Code. § 75335. Employee Health Examinations and Health Records. (a) A health examination, performed by a person lawfully authorized to perform such an examination shall be performed as a prerequisite for employment within six months prior to employment or within one week after employment. Written examination reports, signed by the person performing the examination, shall verify that employees are able to perform assigned duties and do not have any health condition that would create a hazard for the employee, fellow employees, patients or visitors. The initial health examination shall include a tuberculosis screening test consisting of a purified protein derivative intermediate strength intradermal skin test and a chest X–ray if the skin test is positive. The psychology clinic shall establish a policy regarding subsequent health examinations and tuberculosis screening tests based on an assessment of the following: (1) The risk of a previously infected person developing tuberculosis and then possibly infecting others. (2) The risk of a non–infected person becoming infected and developing a disease. (b) The facility shall develop policies which ensure that reasonable precautions are taken to prevent the spread of infectious disease between persons within the clinic. (c) Employee health records shall be maintained by the clinic and shall include the records of all required health examinations. Such records shall be kept a minimum of three years following termination of employment. NOTE: Authority cited: Sections 208(a) ad 1225, Health and Safety Code. Reference: Sections 1204.1 and 1226, Health and Safety Code. § 75337. Employee Records. (a) All psychology clinics shall maintain current and accurate personnel records for all persons working for the clinic. The record shall include the person’s full name, social security number, license, registration or certification number, if any, and date of expiration, employment classification, date of beginning employment, date of termination of employment and performance evaluations. Such records shall be retained for at least three years following termination of employment. (b) Employee personnel records shall be maintained in a confidential manner and shall be made available to representatives of the Department upon request in order to ensure compliance with the requirements of these regulations. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Sections 1204.1 and 1226, Health and Safety Code. § 75339. Unusual Occurrences. Occurrences such as epidemic outbreaks, poisonings, fires, major accidents, deaths from unnatural cause or other catastrophes and unusual occurrences which threaten the welfare, safety or health of patients, personnel or visitors shall be reported by the facility within 24 hours either by telephone (and confirmed in writing) or by telegraph to the local health officer and the Department. An incident report shall be retained on file by the facility for one year. The facility shall furnish such other pertinent information related to such occurrences as the local health officer or the Department may require. Every fire or explosion which occurs in or on the premises shall be reported within 24 hours to the local fire authority or, in areas not having an organized fire service, to the State Fire Marshal. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Sections 1204.1 and 1226, Health and Safety Code. § 75341. Patient Treatment Record Service. (a) Each psychology clinic shall establish and maintain a patient treatment record service which is systematically organized to provide a complete accurate, correlated, and current treatment record for each patient which, is filed in a centrally located area. (b) The treatment record service shall be located to facilitate immediate retrieval of required information. (c) A person working in the clinic shall be responsible for the direction and supervision of the treatment record service to ensure that all patient records are accurately documented, completed, indexed, and filed in the unit system. When the Department finds the treatment record service does not meet the standards set forth in these regulations, the clinic may be required to obtain the services of either an accredited records technician or registered record administrator to assist in establishing and maintaining the treatment record service. NOTE: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Sections 1204.1 and 1226, Health and Safety Code. § 75343. Unit Patient Treatment Records. (a) Records shall be permanent, either typewritten or legibly written in ink, and shall be kept on all patients accepted for treatment.
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CALIFORNIA CODE OF REGULATIONS - State of California

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