BILL NUMBER: SB 1119 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2010
PASSED THE ASSEMBLY AUGUST 30, 2010
AMENDED IN ASSEMBLY JUNE 23, 2010
AMENDED IN ASSEMBLY JUNE 10, 2010
AMENDED IN SENATE APRIL 21, 2010
AMENDED IN SENATE MARCH 23, 2010
INTRODUCED BY Senator Wright
(Coauthors: Senators Alquist and Negrete McLeod)
FEBRUARY 17, 2010
An act to amend Sections 1812.540, 1812.542, 1812.543, and
1812.544 of, to amend the heading of Chapter 8 (commencing with
Section 1812.540) of Title 2.91 of Part 4 of Division 3 of, and to
add Sections 1812.545 and 1812.546 to, the Civil Code, relating to
health care.
LEGISLATIVE COUNSEL'S DIGEST
SB 1119, Wright. Health care staffing.
The Employment Agency, Employment Counseling, and Job Listing
Services Act, the violation of which is a misdemeanor, regulates the
business of employment agencies, including nurses' registries, as
defined. Existing law requires an employment agency that refers
temporary licensed nursing staff, as defined, to an employer that is
a licensed long-term health care facility, as defined, to provide the
employer with (1) written verification that the person is in good
standing with the Board of Registered Nursing or the Board of
Vocational Nursing and Psychiatric Technicians, as applicable, and
has successfully secured a criminal record clearance, (2) the
individual's professional license and registration number and date of
expiration, (3) a statement that the person has had a health
examination, as specified, and (4) written verification that the
individual referred does not have any unresolved allegations against
him or her involving mistreatment, neglect, or abuse of a patient, as
specified. Existing law also requires these agencies to adopt
policies and procedures regarding prevention of resident or patient
abuse by temporary staff.
This bill would impose those requirements on an employment agency
that refers temporary licensed nursing staff to any health facility,
as defined.
Existing law requires an employer to report to the Board of
Vocational Nursing and Psychiatric Technicians the suspension or
termination for cause of any licensed vocational nurse or psychiatric
technician in its employ.
This bill would require an employment agency to report to the
board the suspension or termination for cause by a health facility of
a licensed vocational nurse or psychiatric technician referred to
the facility by the agency. When a health facility makes that report
to the board regarding one of the above-described licensed persons,
who was referred to that health facility by an employment agency, the
bill would require the health facility to send a copy of the report
to that employment agency. The bill would also make conforming
changes.
The bill would authorize the imposition of civil penalties of up
to $5,000 for each violation, and up to $10,000 for each willful or
knowing violation, of the bill's provisions.
Because this bill would establish additional requirements under
the act, the violation of which would be a misdemeanor, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Chapter 8 (commencing with Section
1812.540) of Title 2.91 of Part 4 of Division 3 of the Civil Code is
amended to read:
CHAPTER 8. HEALTH FACILITIES TEMPORARY STAFFING
SEC. 2. Section 1812.540 of the Civil Code is amended to read:
1812.540. For purposes of this chapter, the following definitions
shall apply:
(a) "Direct care service" means the temporary assignment of
certified nurse assistants to render basic care services directed at
the safety, comfort, personal hygiene, or protection of a patient who
is a resident of a long-term health care facility.
(b) "Nursing service" means the temporary assignment of a licensed
registered nurse, licensed vocational nurse, or psychiatric
technician to render nursing and basic care services to one or more
patients at a health facility.
(c) "Licensed nursing staff" means a licensed registered nurse,
licensed vocational nurse, or psychiatric technician.
(d) "Long-term health care facility" means a licensed facility, as
defined in Section 1418 of the Health and Safety Code.
(e) "Health facility" means a licensed facility, as defined in
Section 1250 of the Health and Safety Code.
SEC. 3. Section 1812.542 of the Civil Code is amended to read:
1812.542. Every employment agency that refers temporary licensed
nursing staff to an employer who is a licensed health facility shall
provide the employer with all of the following:
(a) Written verification that the individual is in good standing
with the Board of Registered Nursing or the Board of Vocational
Nursing and Psychiatric Technicians, as applicable, and has
successfully completed the criminal record process required by the
applicable licensing board. The employment agency shall provide to
the employer the individual's professional license and registration
number and date of expiration.
(b) A statement that the licensed nursing staff person has had a
health examination within 90 days prior to employment with the
employment agency or seven days after employment with the employment
agency and at least annually thereafter by a person lawfully
authorized to perform that procedure. Each examination shall include
a medical history and physical evaluation. The employment agency
shall also provide verification that the individual has had
tuberculosis screening within 90 days prior to employment and
annually thereafter.
SEC. 4. Section 1812.543 of the Civil Code is amended to read:
1812.543. (a) An employment agency that makes referrals of
licensed nursing staff for temporary employment in a health facility,
or certified nurse assistants for temporary employment in a
long-term health care facility shall adopt policies and procedures
regarding prevention of resident or patient abuse by temporary staff.
(b) The employment agency shall provide written verification to
the long-term health care facility or health facility that any
certified nurse assistants or licensed nursing staff referred by the
agency do not have any unresolved allegations against them involving
the mistreatment, neglect, or abuse of a patient, including injuries
of unknown source and misappropriation of resident property.
(c) No temporary staff person referred by an employment agency may
be solely responsible for a unit unless that person has received a
full orientation to the facility and the applicable unit for which he
or she is assigned.
(d) Upon the request of the State Department of Public Health, an
employment agency shall provide a list of temporary employees who
have been referred to a specified facility during the period in which
the facility is involved in a labor action.
(e) An employment agency shall require that any employee referred
to a long-term health care facility be identified as a temporary
staff person in the facility's daily staffing levels required to be
posted in accordance with the standards set forth in Section 941 of
Appendix F of Public Law 106-554 (42 U.S.C. Sec. 1395i-3(b)(8) and 42
U.S.C. Sec. 1395r(b)(8)).
SEC. 5. Section 1812.544 of the Civil Code is amended to read:
1812.544. (a) Every employment agency that makes referrals of
licensed nursing staff for temporary employment in a health facility
or certified nurse assistants for temporary employment in a long-term
health care facility shall maintain a record of all advertisements,
showing the date of publication and the publication in which the
advertisement appeared, for a period of one year from the date of the
advertisement.
(b) No employment agency that makes referrals for employment to a
health facility shall, by its name, advertisement, or any other
representation, represent itself to be a home health agency, as
defined by subdivision (a) of Section 1727 of the Health and Safety
Code, or to perform the services of a home health agency. The
employment agency shall provide a written disclosure to each employer
stating that it does not perform the services of a home health
agency and clearly describing that it is an employment agency only.
(c) Any facility or individual may refer complaints concerning
employment agencies which place licensed nursing staff in health
facilities or certified nurse assistants in long-term health care
facilities to the appropriate licensing, certification, ombudsman,
adult protective services, or proper law enforcement agency for
action.
SEC. 6. Section 1812.545 is added to the Civil Code, to read:
1812.545. (a) An employment agency that refers licensed nursing
staff for temporary employment in a health facility shall have the
same duty to report the suspension or termination for cause of any
licensed vocational nurse or licensed psychiatric technician as an
employer pursuant to subdivision (b) of Section 2878.1 or subdivision
(b) of Section 4521.2, respectively, of the Business and Professions
Code.
(b) A health facility that makes a report pursuant to subdivision
(a) shall send a copy of the report to the employment agency that
placed the relevant licensed vocational nurse or psychiatric
technician with the health facility.
SEC. 7. Section 1812.546 is added to the Civil Code, to read:
1812.546. (a) In addition to the remedies for violations of this
title provided in Section 1812.523, any employment agency that
violates any provision of this chapter shall be subject to a civil
penalty of up to five thousand dollars ($5,000) for each violation,
and of up to ten thousand dollars ($10,000) for each willful or
knowing violation.
(b) These civil penalties may be assessed and recovered through a
civil action brought in the name of the people of the State of
California by the Attorney General, by any district attorney, or any
city attorney.
(c) Any civil penalties recovered pursuant to this section shall
be deposited in the State Treasury, with respect to an action brought
by the Attorney General, in the treasury for the county, with
respect to an action brought by a district attorney, or the city
treasury with respect to an action brought by a city attorney.
(d) The sanctions authorized under this section shall be separate
from, and in addition to, all other remedies, either civil,
administrative, or criminal, provided by law.
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.