This AFL recalls the Department of Health Services (DHS) letter dated December 13, 1985, authorizing blanket program flexibility for:

• Bacteriological testing of ice machines (CCR 70865)
• Disposal of needles and syringes (Title 22 CCR sections 70843(c), 71647(c), 72643(c), and
  73641(c))
• Pathological review of all surgically removed tissue (Title 22 CCR section 70223(g))
• Disposable humidifiers (Title 22 CCR sections 70849(f), 71653(a), and 72313(d))
• Training bed (Title 22 CCR sections 72607(d) and 73609(d)), and
• Closure of patient records (Title 22 CCR section 72543).

The 1985 letter was issued prior to guidance from the Office of Administrative Law stating that all rules of general application must be adopted pursuant to the California Administrative Procedure Act. Facilities must maintain compliance with the licensing requirements.

These requirements do not prohibit the use of alternate concepts, methods, procedures, techniques, equipment, personnel qualifications or the conducting of pilot projects, provided such expectations are carried out with the provisions for safe and adequate care, and with the prior written approval of the department. Facilities seeking program flexibility for the aforementioned regulations may request program flexibility by submitting a written request and substantiating evidence to the local California Department of Public Health Licensing and Certification district office.

If you have questions, please contact your local district office.

Sincerely,

Original signed by Jean Iacino

Jean Iacino
Deputy Director