BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 539|
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                              UNFINISHED BUSINESS


          Bill No:  SB 539
          Author:   Price (D)
          Amended:  6/9/11
          Vote:     21

           
           SENATE BUS, PROF & ECON DEVELOP COMM  :  9-0, 05/02/11
          AYES:  Price, Emmerson, Corbett, Correa, Hernandez, Negrete 
            McLeod, Vargas, Walters, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  9-0, 05/16/11
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Price, Runner, Steinberg

           SENATE FLOOR  :  39-0, 05/23/11 (Consent)  
          AYES:  Alquist, Anderson, Berryhill, Blakeslee, Calderon, 
            Cannella, Corbett, Correa, De León, DeSaulnier, Dutton, 
            Emmerson, Evans, Fuller, Gaines, Hancock, Hernandez, 
            Huff, Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, 
            Negrete McLeod, Padilla, Pavley, Price, Rubio, Runner, 
            Simitian, Steinberg, Strickland, Vargas, Walters, Wolk, 
            Wright, Wyland, Yee
          NO VOTE RECORDED:  Harman

           ASSEMBLY FLOOR  :  76-0, 09/01/11 - See last page for vote


           SUBJECT  :    Nursing

           SOURCE  :     Author


           DIGEST  :    This bill extends the sunset date of the Board 
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          of Vocational Nursing and Psychiatric Technicians (BVNPT) 
          to January 1, 2016, and makes other changes.  

           Assembly Amendments  allow the Board of Vocational Nursing 
          and Psychiatric Technicians the option to review vocational 
          nursing schools and psychiatric technician schools for 
          compliance, in addition to the current requirement which 
          calls for an inspection, and make other technical changes.

           ANALYSIS  :    Existing law:

          1.Provides for the licensure and regulation of about 
            119,003 licensed vocation nurses (VNs) and 13,000 
            Psychiatric Technicians (PTs) by the BVNPT.  This 
            provision will become inoperative on January 1, 2012.   

          2.Defines unprofessional conduct for VNs and PTs and 
            authorizes the BVNPT to suspend or revoke an individual's 
            license for unprofessional conduct.  Additionally, 
            determines the processes to be used to suspend or revoke 
            a license.

          3.Requires any employer of a licensed vocational nurse or 
            PT to report the suspension or termination for cause, as 
            defined, of any VN or PT in its employ.  Establishes 
            penalties for failure to report. 

          4.Establishes a process that the BVNPT must follow to 
            approve VN and PT vocational schools.   

          This bill:

          1.Extends the sunset date of the BVNPT to continue to 
            regulate the VN and PT professions until January 1, 2016. 
             Provides for the review of the BVNPT by the appropriate 
            policy committees of the Legislature.

          2.Replaces the terms "accredit" or "accreditation" with 
            "approve" or "approval" for purposes of VN and PT 
            programs. 

          3.Requires employers to also report "resignations for 
            cause," and "rejection from assignment" as defined by the 
            statute, in lieu of suspension or termination for cause 

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            of VNs and PTs. 

          4.Requires an employment agency or nursing registry report 
            to the BVNPT the rejection from assignment of a licensed 
            VN or PT by a health facility or home health care 
            provider due to acts that would be cause for suspension 
            or termination.

          5.Specifies that the term employer for purposes of 
            reporting also includes employment agencies and nursing 
            registries. 

          6.Makes other technical, non-substantive and conforming 
            changes.

           Background
           
          The BVNPT is responsible for regulating and enforcing the 
          laws related to the practice of licensed vocational nurses 
          (LVNs) and psychiatric technicians (PTs) in California.  
          There are currently 119,033 LVNs and 13,299 PTs in 
          California, with over 8,000 licenses issued annually, and 
          more than 39,000 licenses renewed annually.  The BVNPT also 
          accredits and approves 203 LVN and 16 PT programs.  It 
          should be noted that the LVN and PT licensure programs are 
          completely distinct with their own statutes and 
          regulations, budget authority, curriculum requirements, 
          examinations, and staff.  Additionally, the BVNPT serves as 
          a policy and decision maker in reinstatement hearings, 
          proposed disciplinary actions, accreditation of new 
          schools, school survey visits, follow up reports on 
          programs, examination development, contracts, budget 
          issues, legislation, and regulatory proposals.  In order to 
          further this public protection mission, the BVNPT 
          establishes minimum examination and licensure requirements, 
          issues and renews licenses, establishes educational 
          standards for the accreditation of vocational nurse (VN) 
          and PT schools, adopts regulations to clarify education and 
          licensure, school accreditation, practice requirements, and 
          disciplinary standards for its licensees, enforces the 
          regulations governing the continued accreditation of VN and 
          PT schools in California, and takes appropriate 
          disciplinary action against incompetent or unsafe 
          licensees.

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           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee:

           Major Provisions                2011-12     2012-13    
           2013-14   Fund 
          Sunset extension (board)           $6,950    
                              $13,900$13,900Special*
                                 fully offset by program revenue 

          Employer reporting            Up to $49 annuallySpecial*
            requirement

          * Vocational Nursing and Psychiatric Technicians Fund and 
            Psychiatric Technician Account within the fund

           SUPPORT  :   (Verified  9/1/11)

          Stanbridge College
          Board of Vocational Nursing and Psychiatric Technicians
          Summit Career College


           ASSEMBLY FLOOR  :  76-0, 09/01/11
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bradford, Brownley, 
            Buchanan, Butler, Charles Calderon, Campos, Carter, 
            Cedillo, Chesbro, Conway, Cook, Dickinson, Donnelly, 
            Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, 
            Galgiani, Garrick, Gatto, Gordon, Grove, Hagman, 
            Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, 
            Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, 
            Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, 
            Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, 
            Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, 
            Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Bonilla, Davis, Eng, Gorell


          JJA:nl  9/1/11   Senate Floor Analyses 


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                         SUPPORT/OPPOSITION:  SEE ABOVE

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