1. (a) An Authorizing User is responsible for all access and use of CURES by a Delegate-User to whom that Authorizing User has delegated authority under this article, including the Delegate-User's compliance with the requirements of this article.

2. (b) A Delegate-User must only access data in CURES on behalf of an Authorizing User if all of the following requirements are met:

   1. (1) The Delegate-User and the Authorizing User have an active Delegate Agreement.
   2. (2) The Delegate-User complies with all requirements of the Delegate Agreement entered into between the Authorizing User and the Delegate.

   3. (3) The Delegate-User complies with all requirements on accessing data in CURES applicable to the Authorizing User, as follows:

      1. (A) If the Authorizing User is a Prescriber-User, the Delegate-User must comply with section 821.4. For purposes of complying with section 821.4, subdivision (a)(1), the patient whose information is being searched must be Under the Care of the Prescriber-User on whose behalf the Delegate-User is accessing that information.
      2. (B) If the Authorizing User is a Non-DEA Practitioner-User, the Delegate-User must comply with section 822.4. For purposes of complying with section 822.4, subdivision (a)(1), the patient whose information is being searched must be Under the Care of the Non-DEA Practitioner-User on whose behalf the Delegate-User is accessing that information.
      3. (C) If the Authorizing User is a Pharmacist-User, the Delegate-User must comply with section 823.4. For purposes of complying with section 823.4, subdivision (a)(1), the patient whose information is being searched must be Under the Care of the Pharmacist-User on whose behalf the Delegate-User is accessing that information.

Note: Authority cited: Section 11165, Health and Safety Code. Reference: Sections 11030, 11165, 11165.1, 11165.3, 11165.4, 11165.6 and 11190, Health and Safety Code.

History

1. Change without regulatory effect renumbering and amending former section 824, subsections (f)-(f)(7)(A)(ii) to new section 824.6 filed 2-2-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 6).

2. Renumbering of former section 824.6 to section 826.6 and new section 824.6 filed 8-15-2022; operative 8-15-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33).