BILL NUMBER: SB 358 CHAPTERED
BILL TEXT
CHAPTER 640
FILED WITH SECRETARY OF STATE OCTOBER 1, 2003
APPROVED BY GOVERNOR SEPTEMBER 30, 2003
PASSED THE SENATE SEPTEMBER 11, 2003
PASSED THE ASSEMBLY SEPTEMBER 8, 2003
AMENDED IN ASSEMBLY SEPTEMBER 5, 2003
AMENDED IN ASSEMBLY SEPTEMBER 2, 2003
AMENDED IN ASSEMBLY JULY 28, 2003
AMENDED IN ASSEMBLY JUNE 26, 2003
AMENDED IN SENATE APRIL 28, 2003
AMENDED IN SENATE APRIL 23, 2003
INTRODUCED BY Senator Figueroa
(Coauthors: Senators Aanestad and Vincent)
(Coauthors: Assembly Members Correa, Nation, and Runner)
FEBRUARY 19, 2003
An act to amend Sections 2701, 2702, 2703, 2708, 2725, 2815,
2815.1, 2841, 2847, 2878, 2893, 2895, 4501, 4503, and 4521 of, and to
add Sections 2725.5, 2878.1, 2895.5, and 4521.2 to, the Business and
Professions Code, and to add Article 4 (commencing with Section
128475) to Chapter 5 of Part 3 of Division 107 of the Health and
Safety Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 358, Figueroa. Nursing: vocational nursing: psychiatric
technicians.
(1) The Nursing Practice Act provides for the licensing and
regulation of registered nurses by the Board of Registered Nursing.
Under existing law, the authority for both this board and the
executive officer terminates on July 1, 2004. Existing law provides
that the board is composed of 3 public members and 3 registered
nurses and one licensed physician. Under existing law, a $5 biennial
licensure renewal assessment is collected from licensees and
deposited into the Registered Nurse Education Fund.
This bill would extend the sunset date of the board to January 1,
2009. The bill would change the composition of the board to 4 public
members and 3 registered nurses, one of whom is an advanced practice
nurse, as defined. The bill would provide that, with certain
exceptions, no other state agency, other than the board, may define
or interpret the practice of nursing. The bill would increase the
biennial licensure renewal assessment to $10. The bill would delete
obsolete references and make conforming changes.
(2) The Vocational Nursing Practice Act and the Psychiatric
Technicians Law provide for the licensure and regulation of licensed
vocational nurses and psychiatric technicians by the Board of
Vocational Nursing and Psychiatric Technicians of the State of
California. Under existing law, the authority for this board and its
executive officer terminates on July 1, 2004. Existing law defines
unprofessional conduct for vocational nurses and psychiatric
technicians and authorizes the board to suspend or revoke an
individual's license for unprofessional conduct.
This bill would extend the termination date applicable to the
board and its executive officer to January 1, 2009. The bill would
require both categories of licensees to report known violations of
the act to the board. The bill would specify that a licensee who
fails to report this information to the board may have his or her
license suspended or revoked for unprofessional conduct. This bill
would also require the employers of these licensees to report to the
board any suspension or termination for cause of a licensee. The
bill would subject employers who fail to make a report to an
administrative fine.
(3) Existing law creates the Registered Nurse Education Program
within the Health Professions Education Foundation. Under existing
law and as a condition of being accepted into the program, the
program requires registered nursing students to agree to serve in
specified facilities or underserved areas. Existing law requires the
Health Professions Education Foundation to solicit advice from the
Board of Registered Nurses, the California Nurses Association, the
Chancellor of the California Community Colleges, and the California
Association of Hospitals and Health Systems when developing the
program.
This bill would create the Vocational Nurse Education Program in
the Health Professions Education Foundation on July 1, 2004. The
bill would, as a condition of being accepted into the program,
require vocational nursing students to agree to serve in specified
facilities or underserved areas. The bill would, on July 1, 2004,
create the Vocational Nurse Education Fund which would be funded by a
$5 license renewal assessment for vocational nurses and would be
collected by the board. The bill would require the Health
Professions Education Foundation to solicit advice from the Board of
Vocational Nursing and Psychiatric Technicians, the California
Licensed Vocational Nurses' Association, the Licensed Vocational
Nurses League of California, Inc., the Chancellor of the California
Community Colleges, and the California Association of Hospitals and
Health Systems when developing the program.
(4) This bill would incorporate additional changes in Section 4521
of the Business and Professions Code, proposed by AB 1777, to be
operative only if AB 1777 and this bill are both chaptered and become
effective January 1, 2004, and this bill is chaptered last. The
bill would make related changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2701 of the Business and Professions Code is
amended to read:
2701. There is in the Department of Consumer Affairs the Board of
Registered Nursing consisting of nine members.
Within the meaning of this chapter, board, or the board, refers to
the Board of Registered Nursing. Any reference in state law to the
Board of Nurse Examiners of the State of California or California
Board of Nursing Education and Nurse Registration shall be construed
to refer to the Board of Registered Nursing.
This section shall become inoperative on July 1, 2008, and, as of
January 1, 2009, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2009, deletes or extends
the dates on which it becomes inoperative and is repealed. The
repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 2. Section 2702 of the Business and Professions Code is
amended to read:
2702. Each member of the board shall be a citizen of the United
States and a resident of the State of California. Four members shall
represent the public at large, and shall not be licensed under any
board under this division or any board referred to in Section 1000 or
3600 and shall have no pecuniary interests in the provision of
health care services. Two members shall be licensed registered
nurses under the provisions of this chapter, each of whom shall be
active in the practice of his or her profession engaged primarily in
direct patient care with at least five continuous years of
experience, and who shall not be engaged as an educator or
administrator of a nursing education program under the provisions of
this chapter. One member shall be a licensed registered nurse who
shall be active as an advanced practice registered nurse as defined
in Section 2725.5. One member shall be a licensed registered nurse
under the provisions of this chapter who shall be active as an
educator or administrator in an approved program to train registered
nurses. One member shall be a licensed registered nurse who is an
administrator of a nursing service with at least five continuous
years of experience.
SEC. 3. Section 2703 of the Business and Professions Code is
amended to read:
2703. All appointments shall be for a term of four years and
vacancies shall be filled for the unexpired term. No person shall
serve more than two consecutive terms.
The Governor shall appoint two of the public members and the
licensed members of the board qualified as provided in Section 2702.
The Senate Rules Committee and the Speaker of the Assembly shall
each appoint a public member.
SEC. 4. Section 2708 of the Business and Professions Code is
amended to read:
2708. The board shall appoint an executive officer who shall
perform the duties delegated by the board and who shall be
responsible to it for the accomplishment of those duties.
The executive officer shall be a nurse currently licensed under
this chapter and shall possess other qualifications as determined by
the board.
The executive officer shall not be a member of the board.
This section shall become inoperative on July 1, 2008, and, as of
January 1, 2009, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2009, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 5. Section 2725 of the Business and Professions Code is
amended to read:
2725. (a) In amending this section at the 1973-74 session, the
Legislature recognizes that nursing is a dynamic field, the practice
of which is continually evolving to include more sophisticated
patient care activities. It is the intent of the Legislature in
amending this section at the 1973-74 session to provide clear legal
authority for functions and procedures that have common acceptance
and usage. It is the legislative intent also to recognize the
existence of overlapping functions between physicians and registered
nurses and to permit additional sharing of functions within organized
health care systems that provide for collaboration between
physicians and registered nurses. These organized health care
systems include, but are not limited to, health facilities licensed
pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of
the Health and Safety Code, clinics, home health agencies,
physicians' offices, and public or community health services.
(b) The practice of nursing within the meaning of this chapter
means those functions, including basic health care, that help people
cope with difficulties in daily living that are associated with their
actual or potential health or illness problems or the treatment
thereof, and that require a substantial amount of scientific
knowledge or technical skill, including all of the following:
(1) Direct and indirect patient care services that ensure the
safety, comfort, personal hygiene, and protection of patients; and
the performance of disease prevention and restorative measures.
(2) Direct and indirect patient care services, including, but not
limited to, the administration of medications and therapeutic agents,
necessary to implement a treatment, disease prevention, or
rehabilitative regimen ordered by and within the scope of licensure
of a physician, dentist, podiatrist, or clinical psychologist, as
defined by Section 1316.5 of the Health and Safety Code.
(3) The performance of skin tests, immunization techniques, and
the withdrawal of human blood from veins and arteries.
(4) Observation of signs and symptoms of illness, reactions to
treatment, general behavior, or general physical condition, and (A)
determination of whether the signs, symptoms, reactions, behavior, or
general appearance exhibit abnormal characteristics, and (B)
implementation, based on observed abnormalities, of appropriate
reporting, or referral, or standardized procedures, or changes in
treatment regimen in accordance with standardized procedures, or the
initiation of emergency procedures.
(c) "Standardized procedures," as used in this section, means
either of the following:
(1) Policies and protocols developed by a health facility licensed
pursuant to Chapter 2 (commencing with Section 1250) of Division 2
of the Health and Safety Code through collaboration among
administrators and health professionals including physicians and
nurses.
(2) Policies and protocols developed through collaboration among
administrators and health professionals, including physicians and
nurses, by an organized health care system which is not a health
facility licensed pursuant to Chapter 2 (commencing with Section
1250) of Division 2 of the Health and Safety Code.
The policies and protocols shall be subject to any guidelines for
standardized procedures that the Division of Licensing of the Medical
Board of California and the Board of Registered Nursing may jointly
promulgate. If promulgated, the guidelines shall be administered by
the Board of Registered Nursing.
(d) Nothing in this section shall be construed to require approval
of standardized procedures by the Division of Licensing of the
Medical Board of California, or by the Board of Registered Nursing.
(e) No state agency other than the board may define or interpret
the practice of nursing for those licensed pursuant to the provisions
of this chapter, or develop standardized procedures or protocols
pursuant to this chapter, unless so authorized by this chapter, or
specifically required under state or federal statute. "State agency"
includes every state office, officer, department, division, bureau,
board, authority, and commission.
SEC. 6. Section 2725.5 is added to the Business and Professions
Code, to read:
2725.5. "Advanced practice registered nurse" means those licensed
registered nurses who have met the requirements of Article 2.5
(commencing with Section 2746), Article 7 (commencing with Section
2825), Article 8 (commencing with Section 2834), or Article 9
(commencing with Section 2838).
SEC. 7. Section 2815 of the Business and Professions Code is
amended to read:
2815. Subject to the provisions of Section 128.5, the amount of
the fees prescribed by this chapter in connection with the issuance
of licenses for registered nurses under its provisions is that fixed
by the following schedule:
(a) The fee to be paid upon the filing of an application for a
licensure by examination shall be fixed by the board at not less than
seventy-five dollars ($75) nor more than one hundred fifty dollars
($150).
(b) The fee to be paid for taking each examination shall be the
actual cost to purchase an examination from a vendor approved by the
board.
(c) The fee to be paid for application for licensure by
endorsement shall be fixed by the board at not less than fifty
dollars ($50) nor more than one hundred dollars ($100).
(d) The biennial fee to be paid upon the filing of an application
for renewal of the license shall be not less than seventy-five
dollars ($75) nor more than one hundred fifty dollars ($150). In
addition, an assessment of ten dollars ($10) shall be collected and
credited to the Registered Nurse Education Fund, pursuant to Section
2815.1.
(e) The penalty fee for failure to renew a license within the
prescribed time shall be fixed by the board at not more than 50
percent of the regular renewal fee, but not less than thirty-seven
dollars ($37) nor more than seventy-five dollars ($75).
(f) The fee to be paid for approval of a continuing education
provider shall be fixed by the board at not less than two hundred
dollars ($200) nor more than three hundred dollars ($300).
(g) The biennial fee to be paid upon the filing of an application
for renewal of provider approval shall be fixed by the board at not
less than two hundred dollars ($200) nor more than three hundred
dollars ($300).
(h) The penalty fee for failure to renew provider approval within
the prescribed time shall be fixed at not more than 50 percent of the
regular renewal fee, but not less than one hundred dollars ($100)
nor more than one hundred fifty dollars ($150).
(i) The penalty for submitting insufficient funds or fictitious
check, draft or order on any bank or depository for payment of any
fee to the board shall be fixed at not less than fifteen dollars
($15) nor more than thirty dollars ($30).
(j) The fee to be paid for an interim permit shall be fixed by the
board at not less than thirty dollars ($30) nor more than fifty
dollars ($50).
(k) The fee to be paid for a temporary license shall be fixed by
the board at not less than thirty dollars ($30) nor more than fifty
dollars ($50).
(l) The fee to be paid for processing endorsement papers to other
states shall be fixed by the board at not less than sixty dollars
($60) nor more than one hundred dollars ($100).
(m) The fee to be paid for a certified copy of a school transcript
shall be fixed by the board at not less than thirty dollars ($30)
nor more than fifty dollars ($50).
(n) The fee to be paid for a duplicate license shall be fixed by
the board at not less than thirty dollars ($30) nor more than fifty
dollars ($50).
(o) The fee to be paid by a registered nurse for an evaluation of
his or her qualifications to use the title "nurse practitioner" shall
be fixed by the board at not less than seventy-five dollars ($75)
nor more than one hundred fifty dollars ($150).
No further fee shall be required for a license or a renewal
thereof other than as prescribed by this chapter.
SEC. 8. Section 2815.1 of the Business and Professions Code is
amended to read:
2815.1. As provided in subdivision (d) of Section 2815, the Board
of Registered Nursing shall collect an additional ten dollar ($10)
assessment at the time of the biennial licensure renewal. This
amount shall be credited to the Registered Nurse Education Fund.
This assessment is separate from those fees prescribed in Section
2815.
SEC. 9. Section 2841 of the Business and Professions Code is
amended to read:
2841. There is in the Department of Consumer Affairs a Board of
Vocational Nursing and Psychiatric Technicians of the State of
California, consisting of 11 members.
Within the meaning of this chapter, board, or the board, refers to
the Board of Vocational Nursing and Psychiatric Technicians of the
State of California.
This section shall become inoperative on July 1, 2008, and, as of
January 1, 2009, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2009, deletes or extends
the dates on which it becomes inoperative and is repealed. The
repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 10. Section 2847 of the Business and Professions Code is
amended to read:
2847. (a) The board shall select an executive officer who shall
perform duties as are delegated by the board and who shall be
responsible to it for the accomplishment of those duties.
(b) The person selected to be the executive officer of the board
shall be a duly licensed vocational nurse under this chapter, a duly
licensed professional nurse as defined in Section 2725, or a duly
licensed psychiatric technician. The executive officer shall not be
a member of the board.
(c) With the approval of the Director of Finance, the board shall
fix the salary of the executive officer.
(d) The executive officer shall be entitled to traveling and other
necessary expenses in the performance of his or her duties. He or
she shall make a statement, certified before some duly authorized
person, that the expenses have been actually incurred.
(e) This section shall become inoperative on July 1, 2008, and, as
of January 1, 2009, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2009, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 11. Section 2878 of the Business and Professions Code is
amended to read:
2878. The board may suspend or revoke a license issued under this
chapter for any of the following:
(a) Unprofessional conduct, which includes, but is not limited to,
the following:
(1) Incompetence, or gross negligence in carrying out usual
nursing functions.
(2) A conviction of practicing medicine without a license in
violation of Chapter 5 (commencing with Section 2000), in which event
the record of conviction shall be conclusive evidence of the
conviction.
(3) The use of advertising relating to nursing which violates
Section 17500.
(4) The use of excessive force upon or the mistreatment or abuse
of any patient. For the purposes of this paragraph, "excessive force"
means force clearly in excess of that which would normally be
applied in similar clinical circumstances.
(5) The failure to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law.
(6) Failure to report the commission of any act prohibited by this
section.
(b) Procuring a certificate by fraud, misrepresentation, or
mistake.
(c) Procuring, aiding, abetting, attempting, or agreeing or
offering to procure or assist at, a criminal abortion.
(d) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violating of, or conspiring to violate
any provision or term of this chapter.
(e) Making or giving any false statement or information in
connection with the application for issuance of a license.
(f) Conviction of a crime substantially related to the
qualifications, functions, and duties of a licensed vocational nurse,
in which event the record of the conviction shall be conclusive
evidence of the conviction.
(g) Impersonating any applicant or acting as proxy for an
applicant in any examination required under this chapter for the
issuance of a license.
(h) Impersonating another practitioner, misrepresenting
professional credentials or licensure status, or permitting another
person to use his or her certificate or license.
(i) Aiding or assisting, or agreeing to aid or assist any person
or persons, whether a licensed physician or not, in the performance
of or arranging for a violation of Article 12 (commencing with
Section 2220) of Chapter 5.
(j) The commission of any act involving dishonesty, when that
action is related to the duties and functions of the licensee.
(k) The commission of any act punishable as a sexually related
crime, if that act is substantially related to the duties and
functions of the licensee.
(l) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of blood-borne infectious diseases from
licensee to patient, from patient to patient, and from patient to
licensee. In administering this subdivision, the board shall
consider referencing the standards, regulations, and guidelines of
the State Department of Health Services developed pursuant to Section
1250.11 of the Health and Safety Code and the standards, guidelines,
and regulations pursuant to the California Occupational Safety and
Health Act of 1973 (Part 1 (commencing with Section 6300), Division
5, Labor Code) for preventing the transmission of HIV, hepatitis B,
and other blood-borne pathogens in health care settings. As
necessary, the board shall consult with the California Medical Board,
the Board of Podiatric Medicine, the Board of Dental Examiners, and
the Board of Registered Nursing, to encourage appropriate consistency
in the implementation of this subdivision.
The board shall seek to ensure that licentiates and others
regulated by the board are informed of the responsibility of
licentiates and others to follow infection control guidelines, and of
the most recent scientifically recognized safeguards for minimizing
the risk of transmission of blood-borne infectious diseases.
SEC. 12. Section 2878.1 is added to the Business and Professions
Code, to read:
2878.1. (a) If a licensed vocational nurse has knowledge that
another person has committed any act prohibited by Section 2878, the
licensed vocational nurse shall report this information to the board
in writing and shall cooperate with the board in furnishing
information or assistance as may be required.
(b) Any employer of a licensed vocational nurse shall report to
the board the suspension or termination for cause of any licensed
vocational nurse in its employ. In the case of licensed vocational
nurses employed by the state, the report shall not be made until
after the conclusion of the review process specified in Section 52.3
of the California Code of Regulations and Skelly v. State Personnel
Bd. (1975) 15 Cal.3d 194. This required reporting shall not
constitute a waiver of confidentiality of medical records. The
information reported or disclosed shall be kept confidential except
as provided in subdivision (c) of Section 800 of the Business and
Professions Code and shall not be subject to discovery in civil
cases.
(c) For purposes of the section, "suspension or termination for
cause" is defined as suspension or termination from employment for
any of the following reasons:
(1) Use of controlled substances or alcohol to the extent that it
impairs the licensee's ability to safely practice vocational nursing.
(2) Unlawful sale of a controlled substance or other prescription
items.
(3) Patient or client abuse, neglect, physical harm, or sexual
contact with a patient or client.
(4) Falsification of medical records.
(5) Gross negligence or incompetence.
(6) Theft from patients or clients, other employees, or the
employer.
(d) Failure of an employer to make a report required by this
section is punishable by an administrative fine not to exceed ten
thousand dollars ($10,000) per violation.
(e) Pursuant to Section 43.8 of the Civil Code, no person shall
incur any civil penalty as a result of making any report required by
this chapter.
(f) The board shall implement this section contingent upon the
necessary funding in the annual Budget Act.
SEC. 13. Section 2893 of the Business and Professions Code is
amended to read:
2893. At least once in every calendar month, the board shall
furnish the Controller a detailed statement of all moneys collected
by the board under this chapter or from any other source, and, at the
same time, shall pay the amount thereof to the Treasurer. On order
of the Controller, the amount so paid shall be deposited in the State
Treasury to the credit of the Vocational Nursing and Psychiatric
Technicians Fund and to the Vocational Nurse Education Fund, as
specified in Section 128500 of the Health and Safety Code.
SEC. 14. Section 2895 of the Business and Professions Code is
amended to read:
2895. The amount of the fees prescribed by this chapter in
connection with the issuance of licenses under its provisions is that
fixed by the following schedule:
(a) The fee to be paid upon the filing of an application shall be
in an amount not less than seventy-five dollars ($75) and may be
fixed by the board at an amount no more than one hundred fifty
dollars ($150).
(b) The fee to be paid for taking each examination shall be the
actual cost to purchase the examination from a vendor approved by the
board.
(c) The fee to be paid for any examination after the first shall
be in an amount not less than seventy-five dollars ($75) and may be
fixed by the board at an amount no more than one hundred fifty
dollars ($150).
(d) The biennial renewal fee to be paid upon the filing of an
application for renewal shall be in an amount not less than one
hundred dollars ($100) and may be fixed by the board at an amount no
more than one hundred fifty dollars ($150). In addition, an
assessment of five dollars ($5) shall be collected and credited to
the Vocational Nurse Education Fund, pursuant to Section 2895.5.
(e) Notwithstanding Section 163.5, the delinquency fee for failure
to pay the biennial renewal fee within the prescribed time shall be
in an amount not less than fifty dollars ($50) and may be fixed by
the board at not more than 50 percent of the regular renewal fee and
in no case more than seventy-five dollars ($75).
(f) The initial license fee is an amount equal to the biennial
renewal fee in effect on the date the application for the license is
filed.
(g) The fee to be paid for an interim permit shall be in an amount
not less than forty dollars ($40) and may be fixed by the board at
an amount no more than fifty dollars ($50).
(h) The fee to be paid for a duplicate license shall be in an
amount not less than twenty-five dollars ($25) and may be fixed by
the board at an amount no more than fifty dollars ($50).
(i) The fee to be paid for processing endorsement papers to other
states shall be in an amount not less than seventy-five dollars ($75)
and may be fixed by the board at an amount no more than one hundred
dollars ($100).
No further fee shall be required for a license or a renewal
thereof other than as prescribed by this chapter.
SEC. 15. Section 2895.5 is added to the Business and Professions
Code, to read:
2895.5. As provided in subdivision (d) of Section 2895, the Board
of Vocational Nursing and Psychiatric Technicians shall collect an
additional five dollar ($5) assessment at the time of the biennial
licensure renewal. This amount shall be credited to the Vocational
Nurses Education Fund. This assessment is separate from those fees
prescribed in Section 2895.
SEC. 16. Section 4501 of the Business and Professions Code is
amended to read:
4501. (a) "Board," as used in this chapter, means the Board of
Vocational Nursing and Psychiatric Technicians.
(b) This section shall become inoperative on July 1, 2008, and, as
of January 1, 2009, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2009, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 17. Section 4503 of the Business and Professions Code is
amended to read:
4503. (a) The board shall administer and enforce this chapter.
(b) This section shall become inoperative on July 1, 2008, and, as
of January 1, 2009, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2009, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 18. Section 4521 of the Business and Professions Code is
amended to read:
4521. The board may suspend or revoke a license issued under this
chapter for any of the following reasons:
(a) Unprofessional conduct, which includes, but is not limited to,
any of the following:
(1) Incompetence or gross negligence in carrying out usual
psychiatric technician functions.
(2) A conviction of practicing medicine without a license in
violation of Chapter 5 (commencing with Section 2000) of Division 2,
the record of conviction being conclusive evidence thereof.
(3) The use of advertising relating to psychiatric technician
services which violates Section 17500.
(4) Obtain or possess in violation of law, or prescribe, or,
except as directed by a licensed physician and surgeon, dentist, or
podiatrist, administer to himself or herself or furnish or administer
to another, any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code or any
dangerous drug as defined in Section 4022.
(5) Use any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Section 4022, or alcoholic beverages,
to an extent or in a manner dangerous or injurious to himself or
herself, any other person, or the public or to the extent that the
use impairs his or her ability to conduct with safety to the public
the practice authorized by his or her license.
(6) Be convicted of a criminal offense involving the falsification
of records concerning prescription, possession, or consumption of
any of the substances described in paragraphs (4) and (5), in which
event the record of the conviction is conclusive evidence of the
conviction. The board may inquire into the circumstances surrounding
the commission of the crime in order to fix the degree of
discipline.
(7) Be committed or confined by a court of competent jurisdiction
for intemperate use of or addiction to the use of any of the
substances described in paragraphs (4) and (5), in which event the
court order of commitment or confinement is prima facie
evidence of the commitment or
confinement.
(8) Falsify, or make grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital, patient, or other record
pertaining to the substances described in paragraph (4).
(b) Procuring a certificate or license by fraud,
misrepresentation, or mistake.
(c) Procuring, or aiding, or abetting, or attempting, or agreeing
or offering to procure or assist at a criminal abortion.
(d) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate
any provision or terms of this chapter.
(e) Giving any false statement or information in connection with
an application.
(f) Conviction of any offense substantially related to the
qualifications, functions, and duties of a psychiatric technician, in
which event the record of the conviction shall be conclusive
evidence of the conviction. The board may inquire into the
circumstances surrounding the commission of the crime in order to fix
the degree of discipline.
(g) Impersonating any applicant or acting as proxy for an
applicant in any examination required by this chapter.
(h) Impersonating another practitioner, or permitting another
person to use his or her certificate or license.
(i) The use of excessive force upon or the mistreatment or abuse
of any patient.
(j) Aiding or assisting, or agreeing to aid or assist any person
or persons, whether a licensed physician or not, in the performance
of or arranging for a violation of any of the provisions of Article
12 (commencing with Section 2220) of Chapter 5 of Division 2.
(k) Failure to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law.
(l) Failure to report the commission of any act prohibited by this
section.
(m) The commission of any act punishable as a sexually related
crime, if that act is substantially related to the duties and
functions of the licensee.
(n) The commission of any act involving dishonesty, when that
action is substantially related to the duties and functions of the
licensee.
(o) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines, thereby risking
transmission of blood-borne infectious diseases from licensee to
patient, from patient to patient, and from patient to licensee. In
administering this subdivision, the board shall consider the
standards, regulations, and guidelines of the State Department of
Health Services developed pursuant to Section 1250.11 of the Health
and Safety Code and the standards, guidelines, and regulations
pursuant to the California Occupational Safety and Health Act of 1973
(Part 1 (commencing with Section 6300) of Division 5 of the Labor
Code) for preventing the transmission of HIV, hepatitis B, and other
blood-borne pathogens in health care settings. As necessary, the
board shall consult with the California Medical Board, the Board of
Dental Examiners, and the Board of Registered Nursing, to encourage
appropriate consistency in the implementation of this section.
The board shall seek to ensure that licentiates and others
regulated by the board are informed of the responsibility of
licentiates and others to follow infection control guidelines, and of
the most recent scientifically recognized safeguards for minimizing
the risk of transmission of blood-borne infectious diseases.
SEC. 18.5. Section 4521 of the Business and Professions Code is
amended to read:
4521. The board may suspend or revoke a license issued under this
chapter for any of the following reasons:
(a) Unprofessional conduct, which includes, but is not limited to,
any of the following:
(1) Incompetence or gross negligence in carrying out usual
psychiatric technician functions.
(2) A conviction of practicing medicine without a license in
violation of Chapter 5 (commencing with Section 2000) of Division 2,
the record of conviction being conclusive evidence thereof.
(3) The use of advertising relating to psychiatric technician
services which violates Section 17500.
(4) Obtain or possess in violation of law, or prescribe, or,
except as directed by a licensed physician and surgeon, dentist, or
podiatrist, administer to himself or herself or furnish or administer
to another, any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code or any
dangerous drug as defined in Section 4022.
(5) Use any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Section 4022, or alcoholic beverages,
to an extent or in a manner dangerous or injurious to himself or
herself, any other person, or the public or to the extent that the
use impairs his or her ability to conduct with safety to the public
the practice authorized by his or her license.
(6) Be convicted of a criminal offense involving the falsification
of records concerning prescription, possession, or consumption of
any of the substances described in paragraphs (4) and (5), in which
event the record of the conviction is conclusive evidence of the
conviction. The board may inquire into the circumstances surrounding
the commission of the crime in order to fix the degree of
discipline.
(7) Be committed or confined by a court of competent jurisdiction
for intemperate use of or addiction to the use of any of the
substances described in paragraphs (4) and (5), in which event the
court order of commitment or confinement is prima facie evidence of
the commitment or confinement.
(8) Falsify, or make grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital, patient, or other record
pertaining to the substances described in paragraph (4).
(b) Procuring a certificate or license by fraud,
misrepresentation, or mistake.
(c) Procuring, or aiding, or abetting, or attempting, or agreeing
or offering to procure or assist at a criminal abortion.
(d) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate
any provision or terms of this chapter.
(e) Giving any false statement or information in connection with
an application.
(f) Conviction of any offense substantially related to the
qualifications, functions, and duties of a psychiatric technician, in
which event the record of the conviction shall be conclusive
evidence of the conviction. The board may inquire into the
circumstances surrounding the commission of the crime in order to fix
the degree of discipline.
(g) Impersonating any applicant or acting as proxy for an
applicant in any examination required by this chapter.
(h) Impersonating another practitioner, or permitting another
person to use his or her certificate or license.
(i) The use of excessive force upon or the mistreatment or abuse
of any patient.
(j) Aiding or assisting, or agreeing to aid or assist any person
or persons, whether a licensed physician or not, in the performance
of or arranging for a violation of any of the provisions of Article
12 (commencing with Section 2220) of Chapter 5 of Division 2.
(k) Failure to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law.
(l) Failure to report the commission of any act prohibited by this
section.
(m) The commission of any act punishable as a sexually related
crime, if that act is substantially related to the duties and
functions of the licensee.
(n) The commission of any act involving dishonesty, when that
action is substantially related to the duties and functions of the
licensee.
(o) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines, thereby risking
transmission of blood-borne infectious diseases from licensee to
patient, from patient to patient, and from patient to licensee. In
administering this subdivision, the board shall consider the
standards, regulations, and guidelines of the State Department of
Health Services developed pursuant to Section 1250.11 of the Health
and Safety Code and the standards, guidelines, and regulations
pursuant to the California Occupational Safety and Health Act of 1973
(Part 1 (commencing with Section 6300) of Division 5 of the Labor
Code) for preventing the transmission of HIV, hepatitis B, and other
blood-borne pathogens in health care settings. As necessary, the
board shall consult with the California Medical Board, the Board of
Dental Examiners, and the Board of Registered Nursing, to encourage
appropriate consistency in the implementation of this section.
The board shall seek to ensure that licentiates and others
regulated by the board are informed of the responsibility of
licentiates and others to follow infection control guidelines, and of
the most recent scientifically recognized safeguards for minimizing
the risk of transmission of blood-borne infectious diseases.
SEC. 19. Section 4521.2 is added to the Business and Professions
Code, to read:
4521.2. (a) If a psychiatric technician has knowledge that
another person has committed any act prohibited by Section 4521, the
psychiatric technician shall report this information to the board in
writing and shall cooperate with the board in furnishing information
or assistance as may be required.
(b) Any employer of a psychiatric technician shall report to the
board the suspension or termination for cause of any psychiatric
technician in their employ. In the case of psychiatric technicians
employed by the state, the report shall not be made until after the
conclusion of the review process specified in Section 52.3 of Title 2
of the California Code of Regulations and Skelly v. State Personnel
Bd. (1975) 15 Cal.3d 194. The reporting required herein shall not
constitute a waiver of confidentiality of medical records. The
information reported or disclosed shall be kept confidential except
as provided in subdivision (c) of Section 800 of the Business and
Professions Code, and shall not be subject to discovery in civil
cases.
(c) For purposes of this section, "suspension or termination for
cause" is defined as suspension or termination from employment for
any of the following reasons:
(1) Use of controlled substances or alcohol to such an extent that
it impairs the licensee's ability to safely practice as a
psychiatric technician.
(2) Unlawful sale of controlled substances or other prescription
items.
(3) Patient or client abuse, neglect, physical harm, or sexual
contact with a patient or client.
(4) Falsification of medical records.
(5) Gross negligence or incompetence.
(6) Theft from patients or clients, other employees, or the
employer.
(d) Failure of an employer to make a report required by this
section is punishable by an administrative fine not to exceed ten
thousand dollars ($10,000) per violation.
(e) Pursuant to Section 43.8 of the Civil Code, no person shall
incur any civil penalty as a result of making any report required by
this chapter.
(f) The board shall implement this section contingent upon
necessary funding being provided in the annual Budget Act.
SEC. 20. Article 4 (commencing with Section 128475) is added to
Chapter 5 of Part 3 of Division 107 of the Health and Safety Code, to
read:
Article 4. Vocational Nurse Education Program
128475. (a) The Legislature hereby finds and declares that an
adequate supply of professional vocational nurses is critical to
assuring the health and well-being of the citizens of California,
particularly those who live in medically underserved areas, and that
changes in the health care system of this state have increased the
need for more highly skilled vocational nurses.
(b) The Legislature further finds and declares that in March 2002,
the California Association of Health Facilities indicated that there
is a shortage of 3,500 vocational nurses in long-term care
facilities and estimates that 28,000 additional vocational nurses
will be needed in long-term care over the next 10 years, that
recently published reports indicate that vocational nurses now
comprise almost 30 percent of the nation's total number of nurses and
that the national vacancy rate in hospitals was about 13 percent,
and that according to the California Association of Psychiatric
Technicians, an additional 800 psychiatric technicians are needed due
to expanding health facilities.
(c) The Legislature further finds and declares that in vocational
nursing, as in other professions, certain populations are
underrepresented. The Legislature also finds and declares that it is
especially important that vocational nursing care be provided in a
way that is sensitive to the sociocultural variables that affect a
person's health. The Legislature recognizes that the financial
burden of attending a school of vocational nursing is considerable
and that persons from families lacking adequate financial resources
may need financial assistance to complete their studies.
(d) The Legislature further finds and declares that approximately
54.1 percent of all Californians live in rural and urban areas that
have been designated underserved. The shortage of vocational nurses
in these areas makes it more difficult for those citizens to obtain
health care and more difficult to attract and retain other health
care professionals to those areas.
128480. It is the intent of the Legislature to accomplish the
following:
(a) Assure an adequate supply of appropriately trained vocational
nurses.
(b) Encourage persons from populations that are currently
underrepresented in the profession of vocational nursing to enter
that profession.
(c) Encourage vocational nurses to work in medically underserved
areas.
128485. There is hereby created the Vocational Nurse Education
Program within the Health Professions Education Foundation. Persons
participating in this program shall be persons who agree in writing
prior to completion of vocational nursing school to serve in an
eligible county health facility, an eligible state-operated health
facility, or a health manpower shortage area, as designated by the
director of the office. Persons agreeing to serve in eligible county
health facilities, eligible state-operated health facilities, or
health manpower shortage areas may apply for scholarship or loan
repayment. The Vocational Nurse Education Program shall be
administered in accordance with Article 1 (commencing with Section
128330), except that all funds in the Vocational Nurse Education Fund
shall be used only for the purpose of promoting the education of
vocational nurses and related administrative costs. The Health
Professions Education Foundation shall make recommendations to the
director of the office concerning both of the following:
(a) A standard contractual agreement to be signed by the director
and any student who has received an award to work in an eligible
county health facility, an eligible state-operated health facility,
or in a health manpower shortage area that would require a period of
obligated professional service in the areas of California designated
by the Health Manpower Policy Commission as deficient in primary care
services. The obligated professional service shall be in direct
patient care. The agreement shall include a clause entitling the
state to recover the funds awarded plus the maximum allowable
interest for failure to begin or complete the service obligation.
(b) Maximum allowable amounts for scholarships, educational loans,
and loan repayment programs in order to assure the most effective
use of these funds.
(c) A person who qualifies for admission to a vocational nursing
program that is accredited by the board of Vocational Nursing and
Psychiatric Technicians may apply for funding under the Vocational
Nurse Education Program by establishing a contractual agreement in
accordance with subdivision (a).
(d) A person who holds a current valid license as a vocational
nurse who wishes to seek an associate of science degree in nursing
from an accredited college may apply for funding under the Vocational
Nurse Education Program by establishing a contractual agreement in
accordance with subdivision (a) unless the person is able to qualify
under subdivision (a) of Section 128385 under the Registered Nurse
Education Program.
128495. In developing this program, the Health Professions
Education Foundation shall solicit the advice of representatives of
the Board of Vocational Nurses and Psychiatric Technicians, the
California Licensed Vocational Nurses' Association, the Licensed
Vocational Nurses League of California, Inc., and other vocational
nurse organizations, the Chancellor of the California Community
Colleges and other vocational schools, and the California Association
of Hospitals and Health Systems. The foundation shall solicit the
advice of representatives who reflect the demographic diversity of
California.
128500. There is hereby established in the State Treasury the
Vocational Nurse Education Fund. All money in the fund shall be used
for the purposes specified in the California Vocational Nurse
Education Program established pursuant to this article. This fund
shall receive money collected pursuant to subdivision (d) of Section
2895 of the Business and Professions Code.
128501. This article shall become operative on July 1, 2004.
SEC. 21. Section 18.5 of this bill incorporates amendments to
Section 4521 of the Business and Professions Code proposed by both
this bill and AB 1777. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2004,
(2) each bill amends Section 4521 of the Business and Professions
Code, and (3) this bill is enacted after AB 1777, in which case
Section 18 of this bill shall not become operative.