BILL NUMBER: SB 539 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Price
FEBRUARY 17, 2011
An act to amend Sections 2701, 2708, 2841, 2859, 2862, 2866,
2872.2, 2878.1, 2880, 2881, 2881.1, 2882, 2883, 4501,
and 4503 , 4510.1, 4511, 4511.2, 4521.2, 4530, 4531,
and 4532 of, and to repeal and amend Section 2847 of, the
Business and Professions Code, relating to nursing.
LEGISLATIVE COUNSEL'S DIGEST
SB 539, as amended, Price. Nursing.
Existing
(1) Existing law, until January
1, 2012, creates within the Department of Consumer Affairs, the Board
of Registered Nursing and a Board of Vocational Nursing and
Psychiatric Technicians of the State of California. Existing law,
until January 1, 2012, requires those boards to select an executive
officer to perform duties delegated by each board. Under existing
law, boards scheduled for repeal are required to be evaluated by the
Joint Sunset Review Committee.
This bill would extend the operation of those provisions until
January 1, 2016, and would specify that these boards would be subject
to review by the appropriate policy committees of the Legislature.
(2) Existing law requires an applicant for a licensed vocational
nurse license or a psychiatric technician's license to have
successfully completed specified courses of studies from a school
accredited by the Board of Vocational Nursing and Psychiatric
Technicians. Existing law requires an employer of a licensed
vocational nurse or psychiatric technician to report to the board the
suspension or termination for cause of the licensed vocational nurse
or psychiatric technician.
This bill would instead require an applicant for a licensed
vocational nurse license or a psychiatric technician's license to
have successfully completed specified courses of studies from a
school approved by the board. The bill would also require an employer
of a licensed vocational nurse or psychiatric technician to report
to the board the resignation for cause of the licensed vocational
nurse or psychiatric technician.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2701 of the Business and Professions Code is
amended to read:
2701. (a) There is in the Department of Consumer Affairs the
Board of Registered Nursing consisting of nine members.
(b) Within the meaning 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
California Board of Nursing Education and Nurse Registration shall be
construed to refer to the Board of Registered Nursing.
(c) 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. 2. Section 2708 of the Business and Professions Code is
amended 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) 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. 3. Section 2841 of the Business and Professions Code is
amended to read:
2841. (a) There is in the Department of Consumer Affairs a Board
of Vocational Nursing and Psychiatric Technicians of the State of
California, consisting of 11 members.
(b) Within the meaning of this chapter, "board," or "the board,"
refers to the Board of Vocational Nursing and Psychiatric Technicians
of the State of California.
(c) 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. 4. Section 2847 of the Business and Professions Code, as
amended by Section 6 of Chapter 33 of the Statutes of 2008, is
repealed.
SEC. 5. Section 2847 of the Business and Professions Code, as
added by Section 6 of Chapter 35 of the Statutes of 2008, is amended
to read:
2847. (a) The board shall select an executive officer who shall
perform duties as are delegated by the board and who shall be
responsible to it for the accomplishment of those duties.
(b) The person selected to be the executive officer of the board
shall be a duly licensed vocational nurse under this chapter, a duly
licensed professional nurse as defined in Section 2725, or a duly
licensed psychiatric technician. The executive officer shall not be a
member of the board.
(c) With the approval of the Director of Finance, the board shall
fix the salary of the executive officer.
(d) The executive officer shall be entitled to traveling and other
necessary expenses in the performance of his or her duties. He or
she shall make a statement, certified before a duly authorized
person, that the expenses have been actually incurred.
(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. Section 2859 of the Business
and Professions Code is amended to read:
2859. The practice of vocational nursing within the meaning of
this chapter is the performance of services requiring those
technical, manual skills acquired by means of a course in an
accredited approved school of vocational
nursing, or its equivalent, practiced under the direction of a
licensed physician, or registered professional nurse, as defined in
Section 2725 of the Business and Professions Code
.
A vocational nurse, within the meaning of this chapter, is a
person who has met all the legal requirements for a license as a
vocational nurse in this State state
and who for compensation or personal profit engages in vocational
nursing as the same is hereinabove defined.
SEC. 7. Section 2862 of the Business
and Professions Code is amended to read:
2862. Vocational nursing services may be rendered by a student
enrolled in an accredited approved
school of vocational nursing when these services are incidental to
his or her course of study.
SEC. 8. Section 2866 of the Business
and Professions Code is amended to read:
2866. An applicant for a licensed vocational nurse license shall
comply with each of the following:
(a) Be at least 17 years of age.
(b) Have successfully completed at least an approved course of
study through the 12th grade or the equivalent thereof as specified
by the board.
(c) Have successfully completed the prescribed course of study in
an accredited approved school of
vocational nursing or have graduated from a school which, in the
opinion of the board, maintains and gives a course which is
equivalent to the minimum requirements for an accredited
approved school of vocational nursing in this
state.
(d) Not be subject to denial of licensure under Section 480.
SEC. 9. Section 2872.2 of the Business
and Professions Code is amended to read:
2872.2. An applicant for license by examination shall submit a
written application in the form prescribed by the board.
Provided that the application for licensure by examination is
received by the board no later than four months after completion of a
board accredited approved nursing
program and approval of the application, the board may issue an
interim permit authorizing the applicant to practice vocational
nursing pending the results of the first licensing examination, or
for a period of nine months, whichever occurs first.
If the applicant passes the examination, the interim permit shall
remain in effect until an initial license is issued by the board or
for a maximum period of six months after passing the examination,
whichever occurs first. If the applicant fails the examination, the
interim permit shall terminate upon notice by certified mail, return
receipt requested, or if the applicant fails to receive the notice,
upon the date specified in the interim permit, whichever occurs
first.
A permittee shall function under the supervision of a licensed
vocational nurse or a registered nurse, who shall be present and
available on the premises during the time the permittee is rendering
professional services. The supervising licensed vocational nurse or
registered nurse may delegate to the permittee any function taught in
the permittee's basic nursing program.
An interim permittee shall not use any title or designation other
than vocational nurse interim permittee or "V.N.I.P."
SEC. 10. Section 2878.1 of the Business
and Professions Code is amended to read:
2878.1. (a) If a licensed vocational nurse has knowledge that
another person has committed any act prohibited by Section 2878, the
licensed vocational nurse shall report this information to the board
in writing and shall cooperate with the board in furnishing
information or assistance as may be required.
(b) Any employer of a licensed vocational nurse shall report to
the board the suspension or termination for cause , or
resignation for cause, of any licensed vocational nurse in its
employ. In the case of licensed vocational nurses employed by the
state, the report shall not be made until after the conclusion of the
review process specified in Section 52.3 of the California Code of
Regulations and Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194.
This required reporting shall not constitute a waiver of
confidentiality of medical records. The information reported or
disclosed shall be kept confidential except as provided in
subdivision (c) of Section 800 of the Business and
Professions Code and shall not be subject to discovery in
civil cases.
(c) For purposes of the section, "suspension or ,
termination for cause" is or "resignation for
cause" are defined as suspension or ,
termination , or resignation from employment for any
of the following reasons:
(1) Use of controlled substances or alcohol to the extent that it
impairs the licensee's ability to safely practice vocational nursing.
(2) Unlawful sale of a controlled substance or other prescription
items.
(3) Patient or client abuse, neglect, physical harm, or sexual
contact with a patient or client.
(4) Falsification of medical records.
(5) Gross negligence or incompetence.
(6) Theft from patients or clients, other employees, or the
employer.
(d) Failure of an employer to make a report required by this
section is punishable by an administrative fine not to exceed ten
thousand dollars ($10,000) per violation.
(e) Pursuant to Section 43.8 of the Civil Code, no person shall
incur any civil penalty as a result of making any report required by
this chapter.
(f) The board shall implement this section contingent upon the
necessary funding in the annual Budget Act.
(g) For purposes of this section, "employer" includes employment
agencies and nursing registries.
SEC. 11. Section 2880 of the Business
and Professions Code is amended to read:
2880. The board shall prepare and maintain a list of
accredited approved schools of vocational
nursing in this State state whose
graduates, if they have the other necessary qualifications provided
in this chapter, shall be eligible to apply for a license to practice
vocational nursing in this State.
SEC. 12. Section 2881 of the Business
and Professions Code is amended to read:
2881. An accredited approved school
of vocational nursing is one which has been approved by the Board of
Vocational Nursing and Psychiatric Technicians, gives a course of
instruction in vocational nursing of not less than 1530 hours or 50
semester units approved by the board pursuant to Section 2882 whether
the same be established by the State Board of Education, other
educational institutions, or other public or private agencies or
institutions and is affiliated or conducted in connection with one or
more hospitals.
One hour of instruction for purposes of computing the total hours
of instruction or for calculating semester units as specified in this
section shall consist of not less than 50 minutes of actual class
time.
SEC. 13. Section 2881.1 of the Business
and Professions Code is amended to read:
2881.1. The board shall deny the application for
accreditation approval made by, and shall revoke
the accreditation approval given to,
any school of vocational nursing that does not give to student
applicants credit, in the field of nursing, for previous education
and the opportunity to obtain credit for other acquired knowledge by
the use of challenge examinations or other methods of evaluation.
The board shall prescribe, by regulation, the education for which
credit is to be given and the amount of credit that is to be given
for each type of education, including the amount of credit to be
given to a certified nurse assistant, a nurse assistant who has
provided direct nursing services in health facilities, and an
applicant who has successfully completed equivalent courses offered
by a secondary school that is accredited
approved by the State Department of Education in any
state or by a nationally recognized regional accrediting body. These
courses shall be assessed for equivalency by the vocational nursing
school.
SEC. 14. Section 2882 of the Business
and Professions Code is amended to read:
2882. The course of instruction of an accredited
approved school of vocational nursing shall
consist of not less than the required number of hours of instruction
in such subjects as the board may from time to time by regulation
determine, together with the required number of hours in the care of
medical, surgical, obstetrical patients, sick children, and such
other clinical experience as from time to time may be determined by
the board.
The board shall, by regulation, provide for the approval of
courses of instruction expressed in hours of instruction, or academic
units, or which require satisfactory demonstration of skills and
behavioral competencies.
SEC. 15. Section 2883 of the Business
and Professions Code is amended to read:
2883. It shall be the duty of the board, through an official
representative, to inspect all schools of vocational nursing in this
state at such times as the board shall deem necessary. Written
reports of the representative's visits shall be made to the board,
which shall thereupon approve as accredited such
the schools of nursing as that
meet the requirements provided by the board.
Upon receiving the report of the representative, if the board
determines that any accredited approved
school of vocational nursing is not maintaining the standard
required by the board, notice thereof in writing specifying the
defect or defects shall be immediately given to the school. If the
defects are not corrected within a reasonable time, the school of
nursing may be removed from the accredited
approved list and notice thereof in writing given to it.
SEC. 6. SEC. 16. Section 4501 of the
Business and Professions Code is amended to read:
4501. (a) "Board," as used in this chapter, means the Board of
Vocational Nursing and Psychiatric Technicians of the State of
California.
(b) 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. 7. SEC. 17. Section 4503 of the
Business and Professions Code is amended to read:
4503. (a) The board shall administer and enforce this chapter.
(b) 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. 18. Section 4510.1 of the Business
and Professions Code is amended to read:
4510.1. An applicant for license by examination shall submit a
written application in the form prescribed by the board. Provided
that the application for licensure is received by the board no later
than four months after completion of a board accredited
approved psychiatric technician program and
approval of the application, the board may issue an interim permit
authorizing the applicant to practice all skills included in the
permittee's basic course of study, pending the results of the first
licensing examination, or for a period of nine months, whichever
occurs first.
A permittee shall function under the supervision of a licensed
psychiatric technician or a registered nurse, who shall be present
and available on the premises during the time the permittee is
rendering professional services. The permittee may perform any
function taught in the permittee's basic psychiatric technician
program.
If the applicant passes the examination, the interim permit shall
remain in effect until an initial license is issued by the board or
for a maximum period of six months after passing the examination,
whichever occurs first. If the applicant fails the examination, the
interim permit shall terminate upon notice by certified mail, return
receipt requested, or if the applicant fails to receive the notice,
upon the date specified in the interim permit, whichever occurs
first. An interim permittee shall not use any title or designation
other than psychiatric technician interim permittee or "P.T.I.P."
SEC. 19. Section 4511 of the Business
and Professions Code is amended to read:
4511. An applicant for a psychiatric technician's license shall
have the following qualifications:
(a) Be at least 18 years of age.
(b) Have successfully completed an approved general education
course of study through the 12th grade or the equivalent thereof as
determined by the board.
(c) Have successfully completed (1) a prescribed course of study
and training in a school accredited approved
by the board, which course of study and training shall combine
the nursing knowledge and skills necessary for the care of any ill
person and in addition those special skills necessary for the care of
the mentally disabled and the developmentally disabled, or (2) a
course of study and training which, together with previously acquired
training or experience, is determined by a school
accredited approved by the board to be
equivalent in academic credits to its regular program for psychiatric
technician training, or (3) have completed a course of study and
training which in the opinion of the board is equivalent to the
minimum requirements of an accredited
approved program for psychiatric technicians in the state.
Clinical inpatient experience shall be an integral part of any such
prescribed or equivalent course of study and training.
(d) Have committed no act which, if committed by a licensed
psychiatric technician, would be ground for disciplinary action.
SEC. 20. Section 4511.2 of the Business
and Professions Code is amended to read:
4511.2. The board shall deny the application for
accreditation approval made by, and shall revoke
the accreditation approval given to,
any psychiatric technician school that does not give to student
applicants credit, in the fields of nursing and psychiatric
technician practice, for previous education and the opportunity to
obtain credit for other acquired knowledge by the use of challenge
examinations or other methods of evaluation.
The board shall prescribe, by regulation, the education for which
credit is to be given and the amount of credit that is to be given
for each type of education, including the amount of credit to be
given to a psychiatric technician assistant, a certified nurse
assistant, a nurse assistant who has provided direct nursing services
in health facilities, and an applicant who has successfully
completed equivalent courses offered by a secondary school that is
accredited by the State Department of Education in any
state or by a nationally recognized, regional accrediting body. These
courses shall be assessed for equivalency by the psychiatric
technician school.
SEC. 21. Section 4521.2 of the Business
and Professions Code is amended to read:
4521.2. (a) If a psychiatric technician has knowledge that
another person has committed any act prohibited by Section 4521, the
psychiatric technician shall report this information to the board in
writing and shall cooperate with the board in furnishing information
or assistance as may be required.
(b) Any employer of a psychiatric technician shall report to the
board the suspension or termination for cause , or resignation
for cause, of any psychiatric technician in their employ. In the
case of psychiatric technicians employed by the state, the report
shall not be made until after the conclusion of the review process
specified in Section 52.3 of Title 2 of the California Code of
Regulations and Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194.
The reporting required herein shall not constitute a waiver of
confidentiality of medical records. The information reported or
disclosed shall be kept confidential except as provided in
subdivision (c) of Section 800 of the Business and
Professions Code , and shall not be subject to discovery in
civil cases.
(c) For purposes of this section, "suspension or termination for
cause" is or "resignation for cause" are
defined as suspension or ,
termination , or resignation from employment for any of
the following reasons:
(1) Use of controlled substances or alcohol to such an extent that
it impairs the licensee's ability to safely practice as a
psychiatric technician.
(2) Unlawful sale of controlled substances or other prescription
items.
(3) Patient or client abuse, neglect, physical harm, or sexual
contact with a patient or client.
(4) Falsification of medical records.
(5) Gross negligence or incompetence.
(6) Theft from patients or clients, other employees, or the
employer.
(d) Failure of an employer to make a report required by this
section is punishable by an administrative fine not to exceed ten
thousand dollars ($10,000) per violation.
(e) Pursuant to Section 43.8 of the Civil Code, no person shall
incur any civil penalty as a result of making any report required by
this chapter.
(f) The board shall implement this section contingent upon
necessary funding being provided in the annual Budget Act.
(g) For purposes of this section, "employer" includes employment
agencies and nursing registries.
SEC. 22. Section 4530 of the Business
and Professions Code is amended to read:
4530. The board shall prepare and maintain a list of
accredited approved schools which offer an
accredited approved program for
psychiatric technicians.
SEC. 23. Section 4531 of the Business
and Professions Code is amended to read:
4531. The course of instruction of an accredited
approved school shall consist of not less than
the number of hours or semester units of instruction required for the
other program administered by the board. The subjects of instruction
shall include the principles of the care of the mentally disabled
and the developmentally disabled. Clinical inpatient experience shall
be an integral part of that prescribed or equivalent course of study
and training. The experience shall be obtained in a state hospital,
except where the board finds that the requirement is not feasible due
either to the distance of a state hospital from the school or the
unavailability, as determined by the State Department of
Developmental Services or the State Department of Mental
Health, of state hospital clinical training placements.
SEC. 24. Section 4532 of the Business
and Professions Code is amended to read:
4532. The board shall provide for the periodic inspection of all
psychiatric technician schools in this State
state . Written reports of the inspection shall be made to the
board, which shall then approve as accredited the
schools which that meet the standards
prescribed by it.
If the board determines from a report that any accredited
approved school is not maintaining its
prescribed standards, it shall immediately give the school a notice
in writing specifying the defect. If the defect is not corrected the
board shall, after written notice, remove the school from the
accredited approved list.