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 Page 2 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 Page 3 Opposition None on file. Analysis Prepared by : Sarah Weaver / B.,P. & C.P. / (916) 319-3301