BILL NUMBER: SB 98 CHAPTERED
BILL TEXT
CHAPTER 4
FILED WITH SECRETARY OF STATE FEBRUARY 14, 2012
APPROVED BY GOVERNOR FEBRUARY 14, 2012
PASSED THE SENATE FEBRUARY 2, 2012
PASSED THE ASSEMBLY FEBRUARY 2, 2012
AMENDED IN ASSEMBLY JANUARY 26, 2012
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 10, 2011
An act to amend Sections 130, 2702, and 2703 of, and to add and
repeal Sections 2701 and 2708 of, the Business and Professions Code,
relating to healing arts, and making an appropriation therefor, to
take effect immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 98, Committee on Budget and Fiscal Review. Nursing.
Existing law, the Nursing Practice Act, provides for the licensure
and regulation of registered nurses. The Board of Registered
Nursing, which was repealed on January 1, 2012, administered the
provisions of that act.
This bill would establish a new Board of Registered Nursing, would
vest that board with the same powers as the previous board of the
same name, and would require the board to appoint an executive
officer. The bill would repeal the authority of the board and its
executive officer on January 1, 2016. The bill would require the
executive officer of the prior board to serve as interim executive
officer of the new board until the appointment of a permanent
executive officer, as specified. The bill would also ratify and
declare valid a specified interagency agreement entered into between
the Board of Registered Nursing and the director of the department
and would enact other related provisions.
Existing law requires that the board consist of 2 public members
and 5 licensees appointed by the Governor, one public member
appointed by the Senate Committee on Rules, and one public member
appointed by the Speaker of the Assembly. Under existing law, all
appointments to the board are for a term of 4 years.
This bill would require that one of the initial public members
appointed by the Governor serve a term of one year, that the other
public member initially appointed by the Governor serve a term of 5
years, that the initial licensed members serve terms of 2, 3, or 4
years, as specified, and that the initial public members appointed by
the Senate Committee on Rules and the Speaker of the Assembly serve
terms of 4 years.
The bill would appropriate specified sums from the Board of
Registered Nursing Fund to the Board of Registered Nursing for
purposes of administering the Nursing Practice Act.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 130 of the Business and Professions Code is
amended to read:
130. (a) Notwithstanding any other provision of law, the term of
office of any member of an agency designated in subdivision (b) shall
be for a term of four years expiring on June 1.
(b) Subdivision (a) applies to the following boards or committees:
(1) The Medical Board of California.
(2) The California Board of Podiatric Medicine.
(3) The Physical Therapy Board of California.
(4) The Board of Registered Nursing, except as provided in
subdivision (c) of Section 2703.
(5) The Board of Vocational Nursing and Psychiatric Technicians.
(6) The State Board of Optometry.
(7) The California State Board of Pharmacy.
(8) The Veterinary Medical Board.
(9) The California Architects Board.
(10) The Landscape Architect Technical Committee.
(11) The Board for Professional Engineers and Land Surveyors.
(12) The Contractors' State License Board.
(13) The State Board of Guide Dogs for the Blind.
(14) The Board of Behavioral Sciences.
(15) The Court Reporters Board of California.
(16) The State Athletic Commission.
(17) The Osteopathic Medical Board of California.
(18) The Respiratory Care Board of California.
(19) The Acupuncture Board.
(20) The Board of Psychology.
SEC. 2. Section 2701 is added to the Business and Professions
Code, to read:
2701. (a) There is in the Department of Consumer Affairs the
Board of Registered Nursing consisting of nine members.
(b) For purposes 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 the
California Board of Nursing Education and Nurse Registration shall be
construed to refer to the Board of Registered Nursing.
(c) The board shall have all authority vested in the previous
board under this chapter. The board may enforce all disciplinary
actions undertaken by the previous board.
(d) This section shall remain in effect only until January 1,
2016, and as of that date, is repealed, unless a later enacted
statute that is enacted before January 1, 2016, deletes or extends
that date. Notwithstanding any other provision of law, the repeal of
this section renders the board subject to review by the appropriate
policy committees of the Legislature.
SEC. 3. Section 2702 of the Business and Professions Code is
amended to read:
2702. (a) Each member of the board shall be a citizen of the
United States and a resident of the State of California.
(b) 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.
(c) 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.
(d) One member shall be a licensed registered nurse who shall be
active as an advanced practice registered nurse as defined in Section
2725.5.
(e) 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.
(f) 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. 4. Section 2703 of the Business and Professions Code is
amended to read:
2703. (a) Except as provided in subdivision (c), 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.
(b) The Governor shall appoint two of the public members and the
licensed members of the board qualified as provided in Section 2702.
The Senate Committee on Rules and the Speaker of the Assembly shall
each appoint a public member.
(c) The initial appointments shall be for the following terms:
(1) One public member appointed by the Governor shall serve a term
of one year. The other public member appointed by the Governor shall
serve a term of five years.
(2) One licensed member described in subdivision (c) of Section
2702 shall serve a term of two years. The other licensed member
described in subdivision (c) of Section 2702 shall serve a term of
three years. The licensed member described in subdivision (e) of
Section 2702 shall serve a term of four years. Of the two remaining
licensed members, one shall serve a term of two years, and the other
shall serve a term of three years.
(3) Each public member appointed by the Senate Committee on Rules
or the Speaker of the Assembly shall serve a term of four years.
SEC. 5. Section 2708 is added to the Business and Professions
Code, to read:
2708. (a) 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.
(b) The executive officer shall be a nurse currently licensed
under this chapter and shall possess other qualifications as
determined by the board.
(c) The executive officer shall not be a member of the board.
(d) Notwithstanding any other provision of law, the person serving
on December 31, 2011, as executive officer of the board shall serve
as an interim executive officer until the board appoints a permanent
executive officer. The board may appoint this interim executive
officer as the permanent executive officer.
(e) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 6. (a) Notwithstanding any other provision of law, the
interagency agreement entered into between the Board of Registered
Nursing and the Director of Consumer Affairs on December 14, 2011,
shall be construed as valid, shall remain in force until the board is
reconstituted, and shall not constitute a violation of Section 102.3
of the Business and Professions Code, the Nursing Practice Act
(Chapter 6 (commencing with Section 2700) of Division 2 of the
Business and Professions Code), or any other provision of law. The
Legislature acknowledges the authority of the board and the
department to have entered into the interagency agreement and hereby
ratifies the agreement. All acts taken by the department pursuant to
the interagency agreement are hereby authorized, confirmed,
validated, and declared legally effective; however, this section
shall not operate to authorize, confirm, validate, or legalize any
act, proceeding, or other matter that, before the effective date of
this act, has been determined in a legal proceeding to be illegal,
void, or ineffective.
(b) The board may enforce all actions undertaken by the director
pursuant to any powers authorized by the interagency agreement
referred to in subdivision (a). The board may confirm the decisions
and actions of the department taken pursuant to that interagency
agreement; however, the failure to obtain a confirmation shall not
affect the legality of the department's decisions and actions.
SEC. 7. Any action or proceeding challenging the validity of any
matter authorized by this act shall be brought in accordance with,
and within the timeframe specified in, Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
SEC. 8. There is hereby appropriated to the Board of Registered
Nursing created pursuant to Section 2 of this act the following sums
for the purpose of administering the Nursing Practice Act (Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code):
(a) The unencumbered funds in the Board of Registered Nursing Fund
that were appropriated to the Board of Registered Nursing in the
Budget Act of 2011.
(b) The sum of one thousand dollars ($1,000) from the money in the
Board of Registered Nursing Fund that is not continuously
appropriated pursuant to Section 207 of the Business and Professions
Code.
SEC. 9. This act is a bill providing for appropriations related to
the Budget Bill within the meaning of subdivision (e) of Section 12
of Article IV of the California Constitution, has been identified as
related to the budget in the Budget Bill, and shall take effect
immediately.