BILL ANALYSIS Ó
SB 122
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SENATE THIRD READING
SB 122 (Price)
As Amended August 20, 2012
Majority vote
SENATE VOTE :30-6
HIGHER EDUCATION 9-0 BUSINESS & PROFESSIONS 9-0
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|Ayes:|Block, Olsen, Achadjian, |Ayes:|Hayashi, Bill Berryhill, |
| |Brownley, Fong, Galgiani, | |Allen, Butler, Eng, |
| |Lara, Miller, Portantino | |Hagman, Hill, Ma, Smyth |
| | | | |
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APPROPRIATIONS 12-0
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|Ayes:|Gatto, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Fuentes, Hall, Hill, | | |
| |Cedillo, Mitchell, | | |
| |Solorio | | |
| | | | |
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SUMMARY: Makes a number of changes to law pertaining to the
California Board of Registered Nursing (BRN) and the licensing
for physicians who attended foreign medical schools.
Specifically, this bill :
1)Subjects a school of nursing or a new nursing program seeking
approval by the BRN to the following fee schedule:
a) A fee of $5,000 for approval of a nursing program.
b) A fee of $3,500 for continuing approval of a nursing
program established after January 1, 2013.
c) A fee of $500 for processing authorization of a
substantive change to an approval of a school of nursing.
2)Deletes provisions requiring a school of nursing that is not
affiliated with an institution of higher education to make an
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agreement with such an institution for purposes of awarding
nursing degrees and instead authorizes the BRN to grant
approval to these institutions to grant nursing degrees.
3)Requires the BRN to issue a cease and desist order to a school
of nursing not approved by the BRN and to notify the Bureau
for Private Postsecondary Education (Bureau) and the Attorney
General of such a school. Makes it unprofessional conduct for
any registered nurse (RN) to violate or attempt to violate or
to assist or abet the violation of this provision.
4)Requires meetings of the BRN to be held in northern and
southern California.
5)Requires the BRN to have a memorandum of understanding with
the Bureau to delineate the powers of the BRN and the Bureau
as related to schools of nursing and the powers of the Bureau
to protect the interest of students attending institutions
governed by the Private Postsecondary Education Act of 2009.
6)Authorizes the California Medical Board (Board) to determine
that an applicant is eligible for a physician and surgeon's
certificate if they attended a foreign medical school that is
not recognized or has been previously disapproved by the Board
if the applicant meets the following requirements and
authorizes the Board to adopt regulations, as specified, for
implementing this authority:
a) Successfully completed a resident course of medical
education leading to a degree of medical doctor equivalent
to that specified under current law, as specified;
b) Holds an unlimited and unrestricted license as a
physician and surgeon in another state or federal territory
and continuously practiced for at least 10 years, as
specified, if the applicant acquired any of his or her
education from an unrecognized foreign medical school;
c) Holds an unlimited and unrestricted license as a
physician and surgeon in another state or federal territory
and continuously practiced for at least 20 years, as
specified, if the applicant acquired any of his or her
education from a foreign medical school previously
disapproved by the Board;
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d) Is certified by a specialty board that is a member of
the American Board of Medical Specialties;
e) Successfully passed specified examinations for licensure
as a physician and surgeon;
f) Has not been the subject of a disciplinary action by a
medical licensing authority or of adverse judgments or
settlements, as specified;
g) Successfully completed three years of approved
postgraduate training, as specified;
h) Is not subject to denial of licensure, as specified,
and;
i) Has not held a healing arts license and been the subject
of disciplinary action by a healing arts board by any state
or federal territory.
7)Prohibits specified persons from participating in this
program.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)One-time information technology costs of $10,000 to the BRN to
begin collecting nursing program approval and renewal fee
revenue. Increased workload related to approval and
regulation of nursing schools of $100,000 annually, offset by
increased revenue in the same amount to the BRN special fund.
2)Potential increased staff costs to the Department of Justice
of $80,000 (charged to the BRN special fund) for approximately
0.5 Deputy Attorneys General to enforce or defend the BRN's
ability to issue cease and desist letters. These costs can
vary depending upon the number and complexity of cases.
COMMENTS : BRN provisions. A recent legislative sunset review
of BRN activities by the Senate Business and Professions
Committee recommended the BRN explore any opportunity to
streamline their current nursing program approval process,
including authorizing BRN to charge a fee to cover its costs for
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approving new schools.
Board provisions. The author seeks to authorize and expand the
Board's authority to review applicants for licensure who have
been practicing in other states in good standing for many years
but cannot obtain a license to practice in California because
the medical school they attended has not been approved by the
Board or may have at some time been disapproved by the Board.
Long-standing statutes and regulations govern the approval of
medical schools, including international medical schools, by the
Board. The Board's medical school approval process is a
thorough and rigorous assessment of an institution's competency
in meeting California's statutory and regulatory requirements
for the education and training of medical doctors. These
requirements were designed to ensure the integrity of the
profession and protect health care consumers.
Specific statutory requirements apply to international medical
schools. A school that applies to the Board for approval must
complete and submit a self-assessment report that collects
information about the institution's mission and objectives,
organizational structure, curriculum, governance, faculty,
admissions and promotion standards, financial resources,
facilities, medical students, records, branch campuses, and
affiliation agreements. The Board may request follow-up
information and may require a site visit before approving or
disapproving a medical school, which is a lengthy and
labor-intensive process. A school that has been neither
approved nor disapproved is considered unrecognized.
Even with the Board's robust review process, hundreds of
approved medical schools are listed on the Board's website in
dozens of countries. Only 10 disapproved schools are listed,
the last of which was disapproved in 2007. Approximately 75
medical schools are undergoing the Board's medical school
approval process, and the Board has approved about 10 or 12
schools in the past nine months.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960
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FN:
0005060