BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2344
                                                                  Page  1

          Date of Hearing:   April 20, 2010

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER  
                                     PROTECTION
                                 Mary Hayashi, Chair
                AB 2344 (Nielsen) - As Introduced:  February 19, 2010
           
          SUBJECT  :   Nursing: approved schools.

           SUMMARY  :   Clarifies the definition of "institution of higher  
          education" to include community colleges and private  
          postsecondary institutions offering associate of science  
          degrees.   Specifically  , this bill: 

          1)Clarifies the definition of "institution of higher education"  
            to include community colleges and private postsecondary  
            institutions offering associate of science degrees.  

          2)Requires an approved school of nursing that is not an  
            institution of higher education to make an agreement with an  
            institution of higher education in the same general location  
            to grant an associate of arts (AA) or associate of science  
            (AS) degree to graduates, or to grant a baccalaureate degree  
            in nursing with successful completion of an additional course  
            of study as approved by the Board of Registered Nursing (BRN)  
            and the institution involved.

           EXISTING LAW:  

          1)Provides for the licensure and regulation of registered nurses  
            by BRN and requires BRN to establish a list of approved  
            nursing schools.  

          2)Defines an approved school as an institution of higher  
            education or school that is affiliated with an institution of  
            higher education that offers an AA degree to individuals that  
            graduate from the affiliated nursing school.  

          3)Provides that an "institution of higher education" includes a  
            community college that offers an associates degree.  

           FISCAL EFFECT  :   Unknown

           COMMENTS  :    









                                                                  AB 2344
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           Purpose of this bill  .  According to the author's office,  
          "Current law is ambiguous as to whether a community college that  
          offers an AA degree or an AS degree can be approved by BRN.  For  
          instance, Cambridge Junior College of Yuba City has been  
          identified by the Department of Education, Bureau for Private  
          Postsecondary and Vocational Education and the Accrediting  
          Counsel for Independent Colleges and Schools as an "Institution  
          of Higher Learning."  But, because they only offer an AS degree  
          (instead of an AA degree), BRN denied Cambridge Junior College's  
          feasibility review to be approved for a nursing degree.

          "AB 2344 will clear up the ambiguity in Section 2786 of the  
          Business & Professions Code by stating that an 'Institution of  
          Higher Education' could be a community college offering an AA OR  
          an AS degree.  Not only will this clear up confusion in current  
          law, but it will allow more colleges to offer nursing degrees.    


           Background  .  Existing law does not define an "institution of  
          higher education" but provides that the term includes community  
          colleges offering associate degrees.  Additionally, existing law  
          requires that a school that is not an "institution of higher  
          education" that seeks to offer a nursing program make an  
          agreement with an institution of higher education to grant an AA  
          degree or a baccalaureate degree, if appropriate, to individuals  
          who graduate from the nursing program.  

          The Legislative Counsel (LC) opined that a private postsecondary  
          institution or community college offering an AS degree may  
          qualify as an "institution of higher education" for the purposes  
          of BRN approval for a nursing program, notwithstanding the fact  
          that the institution does not have an AA degree.   

          While LC opined that existing law should not preclude an  
          institution offering solely an AS degree from becoming an  
          approved nursing school, conversations with BRN staff indicate  
          that BRN believes clarification to existing law is necessary.     


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file.









                                                                  AB 2344
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           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Sarah Weaver / B.,P. & C.P. / (916)  
          319-3301