Statutes, codes, and regulations
California Code Of Regulations
Title 22 - Social SecurityDivision 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral AgenciesChapter 6 - Home Health Agencies
Article 4 - Administration
Section 74723 - Employee's Health Examinations and Health Records

Cal. Code Regs. tit. 22 § 74723

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 74723 - Employee's Health Examinations and Health Records
(a) All agencies shall require health assessments and maintain health records for employees with direct patient contact.
(b) A written health assessment of each employee who has direct patient contact shall:
(1) Be required as a prerequisite of employment.
(2) Be performed within six months prior to employment or within 15 days of assuming employment with the agency.
(3) Be performed and evaluated by a licensed and legally authorized practitioner within his or her scope of practice.
(c) The written health assessment report shall:
(1) Be signed by the person who performed the assessment.
(2) Verify that the employee is free from health conditions which would interfere with the employee's ability to perform assigned duties.
(3) Contain verification that the employee is free from signs or symptoms of infectious disease.
(4) Provide for a tuberculosis screening which shall be administered to all new employees who have direct patient contact and annually thereafter using a test for tuberculosis infection that is recommended by the federal Centers for Disease Control and Prevention (CDC) and licensed by the federal Food and Drug Administration (FDA).
(A) The tuberculosis test shall be administered by a licensed health care professional who is specifically trained for the procedure.
(B) Employees who present evidence of a previous positive tuberculosis test or that he or she has previously been treated for tuberculosis infection or disease shall be excluded from the tuberculosis screening testing.
(d) An employee shall not be required to undergo the annual tuberculosis screening requirements of (c)(4) if the local health officer certifies in writing that less frequent testing may be conducted, and the rationale for less frequent testing is in accordance with applicable federal, state, and local requirements and established professional standards.
(e) All agencies shall implement a written policy regarding employees who develop or sustain symptoms of infectious diseases to determine when employees shall be removed from contact with patients.
(f) A health record for each employee who has direct patient contact shall:
(1) Be maintained by the agency.
(2) Include the records and pertinent documentation of health examinations.
(3) Be stored in such a manner as to be protected from loss, destruction or unauthorized disclosure or use.
(4) Be retained for a minimum of three years following termination of employment.

Cal. Code Regs. Tit. 22, § 74723

1. Amendment of section and NOTE filed 4-28-95 as an emergency; operative 4-28-95 (Register 95, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-28-95 or emergency language will be repealed by operation of law on the following day.
2. Amendment of section and NOTE refiled 8-14-95 as an emergency; operative 8-14-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-12-95 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section and NOTE refiled 12-12-95 as an emergency; operative 12-12-95 (Register 95, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-10-96 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section and NOTE refiled 4-11-96 as an emergency; operative 4-11-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-28-95 order transmitted to OAL 8-7-96 and disapproved 9-19-96 (Register 96, No. 38).
6. Amendment of section and NOTE filed 9-19-96 as an emergency; operative 9-19-96 (Register 96, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-97 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of HISTORY 6 (Register 97, No. 3).
8. Amendment of section and NOTE refiled 1-16-97 as an emergency; operative 1-16-97 (Register 97, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-97 or emergency language will be repealed by operation of law on the following day.
9. Amendment of section and NOTE refiled 5-15-97 as an emergency; operative 5-15-97 (Register 97, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-97 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 5-15-97 order, including amendment of section and NOTE, transmitted to OAL 8-26-97 and filed 10-8-97 (Register 97, No. 41).
11. Amendment of subsections (c)(4)-(c)(4)(B) and amendment of NOTE filed 5-30-2013; operative 5-30-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 22).

Note: Authority cited: Sections 1734, 100275, 121357 and 131200, Health and Safety Code. Reference: Sections 1727, 1727.5(e), 1734, 121362, 131050, 131051 and 131052, Health and Safety Code.

1. Amendment of section and Note filed 4-28-95 as an emergency; operative 4-28-95 (Register 95, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-28-95 or emergency language will be repealed by operation of law on the following day.
2. Amendment of section and Note refiled 8-14-95 as an emergency; operative 8-14-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-12-95 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section and Note refiled 12-12-95 as an emergency; operative 12-12-95 (Register 95, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-10-96 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section and Note refiled 4-11-96 as an emergency; operative 4-11-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-28-95 order transmitted to OAL 8-7-96 and disapproved 9-19-96 (Register 96, No. 38).
6. Amendment of section and Note filed 9-19-96 as an emergency; operative 9-19-96 (Register 96, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-97 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 6 (Register 97, No. 3).
8. Amendment of section and Note refiled 1-16-97 as an emergency; operative 1-16-97 (Register 97, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-97 or emergency language will be repealed by operation of law on the following day.
9. Amendment of section and Note refiled 5-15-97 as an emergency; operative 5-15-97 (Register 97, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-97 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 5-15-97 order, including amendment of section and Note, transmitted to OAL 8-26-97 and filed 10-8-97 (Register 97, No. 41).
11. Amendment of subsections (c)(4)-(c)(4)(B) and amendment of Note filed 5-30-2013; operative 5-30-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 22).