Cal. Code Regs. tit. 22 § 86066

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 86066 - Personnel Records
(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 participants.
(3) Date of employment.
(4) A statement signed by the employee that they are at least 18 years of age.
(5) Home address and phone number.
(6) Documentation that THPP personnel:
(A) Completed the required training
(B) Meet the education and experience requirements.
(7) A record of THPP personnel annual performance evaluations.
(8) Past experience, including types of employment and former employers.
(9) Duties of the employee.
(10) Termination date if no longer employed by the facility.
(11) A health screening as specified in Section 86065 (l)(1).
(12) Tuberculosis test documents as specified in Section 86065 (l)(1).
(13) For employees that are required to be fingerprinted pursuant to Section 86019:
(A) A signed statement regarding their criminal record history as required by Section 86019(d).
(B) Documentation of either a criminal record clearance or exemption as required by Section 86019(e).
(b) Personnel records shall be maintained for all volunteers and shall contain the following:
(1) A health statement as specified in Section 86065 (l)(1).
(2) Tuberculosis test documents as specified in Section 86065 (l)(1).
(3) For volunteers that are required to be fingerprinted pursuant to Section 86019:
(A) A signed statement regarding their criminal record history as required by Section 86019(d).
(B) Documentation of either a criminal record clearance or exemption as required by Section 86019(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 retained for at least three years following termination of employment.
(e) All personnel records shall be maintained at the facility site.
(1) The licensee shall be permitted to retain such records in a central administrative location provided that they are readily available to the licensing agency at the facility site as specified in Section 86066(c).
(f) In all cases, personnel records shall document the hours actually worked.

Cal. Code Regs. Tit. 22, § 86066

Note: Authority cited: Sections 1530 and 1559.110, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety Code; and Section 16522.1, Welfare and Institutions Code.

Note: Authority cited: Sections 1530 and 1559.110, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety Code; and Section 16522.1, Welfare and Institutions Code.

1. New section filed 10-27-2003 as an emergency; operative 10-27-2003 (Register 2003, No. 44). Pursuant to section 13 of Assembly Bill No. 427 (Stats. 2001, ch. 125 ) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 4-26-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18). Pursuant to section 13 of Assembly Bill No. 427 (Stats. 2001, ch. 125 ) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-26-2004 order transmitted to OAL 9-22-2004 and filed 11-4-2004 (Register 2004, No. 45).
4. Change without regulatory effect amending section filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
5. Amendment of subsection (a)(4) filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).