BILL ANALYSIS
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|Hearing Date:June 28, 2010 |Bill No:AB |
| |2344 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Gloria Negrete McLeod, Chair
Bill No: AB 2344Author:Nielsen
As Introduced: February 19, 2010 Fiscal:Yes
SUBJECT: Nursing: approved schools.
SUMMARY: Clarifies that "institution of higher education," for the
purposes of the Board of Registered Nursing approval of nursing
schools, includes community colleges and private postsecondary
institutions offering an Associate of Arts (AA) or an Associate of
Science (AS) degree. Clarifies that a nursing school that is not an
"institution of higher education" may affiliate with an institution of
higher education offering either an AA or an AS degree to individuals
who graduate from the nursing school.
Existing law:
1) Creates the Board of Registered Nursing (BRN) within the Department
of Consumer Affairs (DCA). Provides for the licensure and
regulation of registered nurses by BRN and requires BRN to maintain
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 AA degree.
4) Requires BRN to determine by regulation the required subjects of
instruction to be completed in an approved school of nursing,
including the minimum units of theory and clinical experience
necessary to achieve essential clinical competency at the entry
level of a registered nurse (RN).
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5) Establishes the Bureau of Private Postsecondary Education (BPPE)
within DCA and provides for Bureau oversight and regulation of
California private postsecondary institutions.
This bill:
1)Provides that an "institution of higher education" includes but is
not limited to a community college offering an AA or AS and private
postsecondary institutions offering an AA or AS.
2)Clarifies that an approved school is as an institution of higher
education or school that is affiliated with an institution of higher
education that offers an AA or AS to individuals that graduate from
the affiliated nursing school.
FISCAL EFFECT: According to the Assembly Appropriations Committee,
"Negligible fiscal impact to the BRN, as the bill's clarification will
not measurably impact the board's workload.
COMMENTS:
1. Purpose. The Author is the Sponsor of this measure. According to
the Author, current law is ambiguous as to whether a college that
offers an Associate of Arts Degree (AA) or an Associate of Science
Degree (AS) can be approved by BRN. The Author cites the
experience of Cambridge Junior College in Yuba City, a private
college accredited by the Accreditation Council for Independent
Colleges and Schools (ACICS), as need for this measure. That
school was denied BRN approval to offer a nursing degree because it
only offers an AA in nursing. The Author argues that this bill is
intended to clarify that a higher education institution offering an
AA and/or an AS degree, or school affiliated with such an
institution that meets with other established requirements, may
become approved for nursing schools by BRN.
2. Background. Current law, Business and Professions Code 2786, does
not define "institution of higher education" but provides that the
term includes community colleges offering associate degrees .
Current law also requires that a school that is not an "institution
of higher education" which seeks to offer a nursing program must
make an agreement with an institution of higher education to grant
an associate of arts degree , or a baccalaureate degree if
appropriate, to individuals who graduate from the nursing program.
According to a Legislative Counsel Bureau opinion provided by the
Author, a private postsecondary institution offering an AS may
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qualify as an "institution of higher education" for the purposes of
approval of a nursing program by BRN, notwithstanding the fact that
the institution does not have an AA degree.
3. Health Care Workforce Shortage. With an increasingly aging
population, California is in the midst of a health care workforce
shortage. The supply of skilled, trained health care professionals
has diminished in recent years and according to the non-profit
California Institute for Nursing and Health Care, the state will
see a shortage of over 100,000 nurses by 2020. On March 23, 2009,
this Committee held an informational hearing entitled "The Role of
Private Education Institutions in Preparing California's Diverse
Workforce: Meeting the Challenges of our Workforce and Job Training
Needs." The hearing examined the ability of private postsecondary
institutions to fill the career preparation needs of California's
workforce and evaluate policy options that allow them to expand
their workforce development programs with the requisite amount of
oversight required to protect students.
4. Relationship of BPPE to DCA Boards. Nine boards within DCA have a
direct connection to BPPE. While some are required to review the
curriculum and often institutions offering programs, others require
BPPE approval in order to meet educational requirements for
licensure, certification or registration. The Board of Barbering
and Cosmetology (BBC) for example, approves curriculum, facilities,
equipment and textbooks for schools offering training programs for
eventual licensees. The Board of Vocational Nursing and
Psychiatric Technicians (BVNPT) staff grants approval and
ultimately accreditation of Vocational Nursing and Psychiatric
Technician programs but does not have oversight of institutions
offering these programs.
Title 16, Division 14, Article 3 of the California Code of
Regulations (CCR) details very explicit regulations specifying the
role of BRN in school approval. BRN reviews the administration and
organization of a program, faculty qualifications, faculty
responsibilities, curriculum, clinical facilities and assurances of
a procedure for resolving student grievances. Recent budgetary and
capacity issues in California's public postsecondary schools,
coupled with a sharp increase in demand for nurses, have resulted
in a tremendous impact to many currently approved nursing programs.
Private postsecondary schools interested in offering a nursing
program, or approved coursework for a licensed vocational nurse
(LVN) to continue his or her education and to become eligible to
take the RN license exam, report lengthy delays in BRN approval.
These delays, combined with potential dual oversight and duplicate,
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substantial materials required by the recently recreated BPPE, put
California in the position of potentially having a shortage in
available RN programs, at the same time that there is a growing
shortage of qualified, trained and licensed RNs. This Committee
plans to hold an Informational Hearing to comprehensively review
the role that the DCA boards and the BPPE play in the accreditation
and approval of schools and programs, and to also evaluate whether
there is any duplication in the requirements for approval or
oversight of these schools, and examine the possibilities for
improving the availability of private career and education training
while ensuring quality education and appropriate consumer
protections for students.
SUPPORT AND OPPOSITION:
Support: None on file as of June 21, 2010.
Opposition: None on file as of June 21, 2010.
Consultant: Sarah Mason