BILL NUMBER: SB 122 CHAPTERED
BILL TEXT
CHAPTER 789
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2012
APPROVED BY GOVERNOR SEPTEMBER 29, 2012
PASSED THE SENATE AUGUST 31, 2012
PASSED THE ASSEMBLY AUGUST 27, 2012
AMENDED IN ASSEMBLY AUGUST 20, 2012
AMENDED IN ASSEMBLY JULY 2, 2012
AMENDED IN ASSEMBLY JUNE 21, 2012
AMENDED IN ASSEMBLY JUNE 12, 2012
AMENDED IN SENATE JANUARY 10, 2012
AMENDED IN SENATE JANUARY 4, 2012
INTRODUCED BY Senator Price
JANUARY 24, 2011
An act to amend Sections 2709, 2786, and 2798 of, and to add
Sections 2135.7,2786.2, and 2786.5 to, the Business and Professions
Code, relating to healing arts, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 122, Price. Healing Arts.
(1) Existing law provides for the licensure and regulation of
physicians and surgeons by the Medical Board of California. Existing
law requires the board to issue a license to an applicant who meets
specified qualifications and requirements, including successfully
completing a medical curriculum, as specified, in a medical school or
schools located in the United States or Canada approved by the
board, or in a medical school located outside the United States or
Canada that otherwise meets specified requirements. Existing law
requires the board to issue a license to an applicant who, among
other things, (A) holds an unlimited license as a physician and
surgeon in another state or states or a Canadian province or
provinces, (B) has held an unrestricted license to practice medicine
for at least 4 years, (C) has passed a written examination recognized
by the board to be equivalent in context to that administered in
California, (D) the board has determined has (i) not had disciplinary
action taken against him or her, (ii) not been the subject of an
adverse judgment or settlement, and (iii) has not committed any acts
or crimes constituting grounds for denial of a certificate, in each
case, as specified, (E) has completed specified postgraduate
training, and (F) is board certified in a specialty, as specified.
This bill would, upon review and recommendation, authorize the
board to determine that an applicant for a physician and surgeon's
certificate who acquired his or her medical education or a portion
thereof at a foreign medical school that is not recognized or has
been previously disapproved by the board is eligible for a
certificate if the applicant (1) successfully completes a course of
medical instruction leading to a degree of medical doctor, (2) holds
an unlimited and unrestricted license in another state or federal
territory and practiced for 10 or 20 years depending on whether the
medical education was acquired from an unrecognized or previously
disapproved foreign medical school, (3) is certified by a specified
specialty board, (4) has successfully taken and passed specified
examinations, (5) has not been the subject of specified disciplinary
action or of adverse judgments or settlements, (6) has successfully
completed 3 years of approved postgraduate training, (7) is not
subject to denial of licensure under specified provisions, and (8)
has not held a healing arts license and been subject to disciplinary
action by specified healing arts boards. The bill would also
authorize the board to adopt specified regulations concerning the
acceptance of records when originals are not available and
substitution of board certifications for years of practice or
licensure when considering an application for a certificate pursuant
to these provisions.
(2) Existing law creates within the Department of Consumer Affairs
the Board of Registered Nursing, and makes the board responsible for
the licensure and regulation of registered nurses. Existing law
requires the board to meet quarterly.
This bill would require meetings of the board to be held in
northern and southern California.
(3) Existing law defines the term "approved school of nursing" and
requires the board to approve and regulate registered nursing
schools that are institutions of higher education or are affiliated
with an institution of higher education, as specified. Existing law
requires a school of nursing that is not affiliated with an
institution of higher education to make an agreement with such an
institution for purposes of awarding nursing degrees.
This bill would delete the provisions requiring an agreement and
would instead allow the board to approve a school of nursing that is
affiliated with an institution of higher education, and that is
subject to the requirements set forth in the California Private
Postsecondary Education Act of 2009 to grant nursing degrees. The
bill would specify that the term "approved school of nursing"
includes an approved nursing program. The bill would subject all
approved schools of nursing to specified fees for deposit into the
Board of Registered Nursing Fund, a continuously appropriated fund.
Because the bill adds a new source of revenue to a continuously
appropriated fund, the bill would make an appropriation.
The bill would require the board to have a memorandum of
understanding with the Bureau for Private Postsecondary Education to
delineate the powers of the board and bureau, as specified.
(4) Existing law provides that it is unlawful for anyone to
conduct a school of nursing unless the school has been approved by
the board.
This bill would authorize the board to issue cease and desist
orders to a school of nursing that is not approved by the board and
would require the board to notify the Bureau for Private
Postsecondary Education and the office of the Attorney General of
such a school. The bill would also provide that it is unprofessional
conduct for any registered nurse to violate that provision.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2135.7 is added to the Business and Professions
Code, to read:
2135.7. (a) Upon review and recommendation, the board may
determine that an applicant for a physician and surgeon's certificate
who acquired his or her medical education or a portion thereof at a
foreign medical school that is not recognized or has been previously
disapproved by the board is eligible for a physician and surgeon's
certificate if the applicant meets all of the following criteria:
(1) Has successfully completed a resident course of medical
education leading to a degree of medical doctor equivalent to that
specified in Sections 2089 to 2091.2, inclusive.
(2) (A) (i) For an applicant who acquired any part of his or her
medical education from an unrecognized foreign medical school, he or
she holds an unlimited and unrestricted license as a physician and
surgeon in another state or federal territory and has held that
license and continuously practiced for a minimum of 10 years prior to
the date of application.
(ii) For an applicant who acquired any part of his or her
professional instruction from a foreign medical school previously
disapproved by the board, he or she holds an unlimited and
unrestricted license as a physician and surgeon in another state or
federal territory and has held that license and continuously
practiced for a minimum of 20 years prior to the date of application.
(B) For the purposes of clauses (i) and (ii) of subparagraph (A),
the board may combine the period of time that the applicant has held
an unlimited and unrestricted license in other states or federal
territories and continuously practiced therein, but each applicant
under this section shall have a minimum of five years continuous
licensure and practice in a single state or federal territory. For
purposes of this paragraph, continuous licensure and practice
includes any postgraduate training after 24 months in a postgraduate
training program that is accredited by the Accreditation Council for
Graduate Medical Education (ACGME) or postgraduate training completed
in Canada that is accredited by the Royal College of Physicians and
Surgeons of Canada (RCPSC).
(3) Is certified by a specialty board that is a member board of
the American Board of Medical Specialties.
(4) Has successfully taken and passed the examinations described
in Article 9 (commencing with Section 2170).
(5) Has not been the subject of a disciplinary action by a medical
licensing authority or of adverse judgments or settlements resulting
from the practice of medicine that the board determines constitutes
a pattern of negligence or incompetence.
(6) Has successfully completed three years of approved
postgraduate training. The postgraduate training required by this
paragraph shall have been obtained in a postgraduate training program
accredited by the ACGME or postgraduate training completed in Canada
that is accredited by the RCPSC.
(7) Is not subject to denial of licensure under Division 1.5
(commencing with Section 475) or Article 12 (commencing with Section
2220).
(8) Has not held a healing arts license and been the subject of
disciplinary action by a healing arts board of this state or by
another state or federal territory.
(b) The board may adopt regulations to establish procedures for
accepting transcripts, diplomas, and other supporting information and
records when the originals are not available due to circumstances
outside the applicant's control. The board may also adopt regulations
authorizing the substitution of additional specialty board
certifications for years of practice or licensure when considering
the certification for a physician and surgeon pursuant to this
section.
(c) This section shall not apply to a person seeking to
participate in a program described in Sections 2072, 2073, 2111,
2112, 2113, 2115, or 2168, or seeking to engage in postgraduate
training in this state.
SEC. 2. Section 2709 of the Business and Professions Code is
amended to read:
2709. The board for the purpose of transacting its business shall
meet at least once every three months, at times and places it
designates by resolution. Meetings shall be held in northern and
southern California.
SEC. 3. Section 2786 of the Business and Professions Code is
amended to read:
2786. (a) An approved school of nursing, or an approved nursing
program, is one that has been approved by the board, gives the course
of instruction approved by the board, covering not less than two
academic years, is affiliated or conducted in connection with one or
more hospitals, and is an institution of higher education. For
purposes of this section, "institution of higher education" includes,
but is not limited to, community colleges offering an associate of
arts or associate of science degree and private postsecondary
institutions offering an associate of arts, associate of science, or
baccalaureate degree or an entry-level master's degree, and is an
institution that is not subject to the California Private
Postsecondary Education Act of 2009 (Chapter 8 (commencing with
Section 94800) of Part 59 of Division 10 of Title 3 of the Education
Code).
(b) A school of nursing that is affiliated with an institution
that is subject to the California Private Postsecondary Education Act
of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of
Division 10 of Title 3 of the Education Code), may be approved by the
board to grant an associate of arts or associate of science degree
to individuals who graduate from the school of nursing or to grant a
baccalaureate degree in nursing with successful completion of an
additional course of study as approved by the board and the
institution involved.
(c) The board shall determine by regulation the required subjects
of instruction to be completed in an approved school of nursing for
licensure as a registered nurse and shall include the minimum units
of theory and clinical experience necessary to achieve essential
clinical competency at the entry level of the registered nurse. The
board's standards shall be designed to require all schools to provide
clinical instruction in all phases of the educational process.
(d) The board shall perform or cause to be performed an analysis
of the practice of the registered nurse no less than every five
years. Results of the analysis shall be utilized to assist in the
determination of the required subjects of instruction, validation of
the licensing examination, and assessment of the current practice of
nursing.
SEC. 4. Section 2786.2 is added to the Business and Professions
Code, to read:
2786.2. A private postsecondary school of nursing approved by the
board pursuant to subdivision (b) of Section 2786 shall comply with
Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code.
The board shall have a memorandum of understanding with the Bureau
for Private Postsecondary Education to delineate the powers of the
board to review and approve schools of nursing and the powers of the
bureau to protect the interest of students attending institutions
governed by the California Private Postsecondary Education Act of
2009, Chapter 8 (commencing with Section 94800) of Division 10 of
Title 3 of the Education Code.
SEC. 5. Section 2786.5 is added to the Business and Professions
Code, to read:
2786.5. (a) An institution of higher education or a private
postsecondary school of nursing approved by the board pursuant to
subdivision (b) of Section 2786 shall remit to the board for deposit
in the Board of Registered Nursing Fund the following fees, in
accordance with the following schedule:
(1) The fee for approval of a school of nursing shall be five
thousand dollars ($5,000).
(2) The fee for continuing approval of a nursing program
established after January 1, 2013, shall be three thousand five
hundred dollars ($3,500).
(3) The processing fee for authorization of a substantive change
to an approval of a school of nursing shall be five hundred dollars
($500).
(b) If the board determines that the annual cost of providing
oversight and review of a school of nursing, as required by this
article, is less than the amount of any fees required to be paid by
that institution pursuant to this article, the board may decrease the
fees applicable to that institution to an amount that is
proportional to the board's costs associated with that institution.
SEC. 6. Section 2798 of the Business and Professions Code is
amended to read:
2798. (a) It is unlawful for anyone to conduct a school of
nursing unless the school has been approved by the board.
(b) If the board has a reasonable belief, either by complaint or
otherwise, that a school is allowing students to apply for its
nursing program and that nursing program does not have the approval
of the board, the board shall immediately order the school to cease
and desist from offering students the ability to enroll in its
nursing program. The board shall also notify the Bureau for Private
Postsecondary Education and the Attorney General's office that the
school is offering students the ability to enroll in a nursing
program that does not have the approval of the board.
(c) It shall be unprofessional conduct for any registered nurse to
violate or attempt to violate, either directly or indirectly, or to
assist or abet the violation of, this section.
(d) This section is not applicable to schools conducted under
Section 2789 of this chapter.