BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 539| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 539 Page 2 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 CONTINUED SB 539 Page 3 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. CONTINUED SB 539 Page 4 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 CONTINUED SB 539 Page 5 SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED