Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 259

Introduced by Assembly Member Logue

February 7, 2013

An act to amend Section begin delete 1215.6 end delete begin insert 2762 end insert of the begin delete Water end delete begin insert Business and Professions end insert Code, begin insert and to add Section 1259.7 to the Health and Safety Code, end insert relating to begin delete water resources end delete begin insert nursing end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 259, as amended, Logue. begin delete Areas of origin: water user or users. end delete begin insert Nursing: CPR in emergency situations. end insert

begin insert

The Nursing Practice Act governs the licensing and regulation of professional nursing, and vests authority for enforcing the act in the Board of Registered Nursing within the Department of Consumer Affairs. Among other provisions, the act provides that a person licensed pursuant to the act who in good faith renders emergency care at the scene of an emergency which occurs outside both the place and the course of that person’s employment is not liable for any civil damages as the result of acts or omissions by that person in rendering the emergency care, except as specified. The act also authorizes the board to take disciplinary action against a certified or licensed nurse for unprofessional conduct, as described. A person who violates a provision of the act is guilty of a misdemeanor.

end insert begin insert

Existing law regulates health facilities, including skilled nursing facilities, intermediate care facilities, and congregate living health facilities. A person who violates these provisions is guilty of a crime, except as specified.

end insert begin insert

This bill would make refusing to administer cardiopulmonary resuscitation in an emergency situation unprofessional conduct for purposes of the Nursing Practice Act, as specified. By creating a new crime, the bill would impose a state-mandated local program.

end insert begin insert

The bill would also provide that if a skilled nursing facility, an intermediate care facility, or a congregate living health facility implements or enforces a policy that prohibits a licensed professional nurse employed by the facility from administering cardiopulmonary resuscitation, that policy is void as against public policy. By creating a new crime relating to health care facilities, the bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

Existing law prohibits a protected area, as defined, from being deprived of the prior right to all the water reasonably required to adequately supply the beneficial needs of the protected area, or any of the inhabitants or property owners therein, by a water supplier exporting or intending to export water for use outside a protected area, as prescribed. Existing law provides that water users in a protected area have the right to purchase water made available by the construction of any works by a water supplier exporting or intending to export water for use outside the protected area, as specified. Existing law defines water user or users within a protected area for these purposes.

end delete begin delete

This bill would make a technical, nonsubstantive change to the definition of water user or users.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTIO end insert begin insert N 1. end insert   

end insert

begin insert Section 2762 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

2762.  

In addition to other acts constituting unprofessional
conduct within the meaning of this chapter it is unprofessional
conduct for a person licensed under this chapter to do any of the
following:

(a) Obtain or possess in violation of law, or prescribe, or except
as directed by a licensed physician and surgeon, dentist, or
podiatrist administer to himself or herself, or furnish or administer
to another, any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code
or any dangerous drug or dangerous device as defined in Section
4022.

(b) Use any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code,
or any dangerous drug or dangerous device as defined in Section
4022, or alcoholic beverages, to an extent or in a manner dangerous
or injurious to himself or herself, any other person, or the public
or to the extent that such use impairs his or her ability to conduct
with safety to the public the practice authorized by his or her
license.

(c) Be convicted of a criminal offense involving the prescription,
consumption, or self-administration of any of the substances
described in subdivisions (a) and (b) of this section, or the
possession of, or falsification of a record pertaining to, the
substances described in subdivision (a) of this section, in which
event the record of the conviction is conclusive evidence thereof.

(d) Be committed or confined by a court of competent
jurisdiction for intemperate use of or addiction to the use of any
of the substances described in subdivisions (a) and (b) of this
section, in which event the court order of commitment or
confinement is prima facie evidence of such commitment or
confinement.

(e) Falsify, or make grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital, patient, or other record
pertaining to the substances described in subdivision (a) begin delete of this
section end delete .

begin insert

(f) Refuse to administer cardiopulmonary resuscitation in an
emergency situation, provided that the nurse is able to perform
the resuscitation. This subdivision does not apply if there is a “Do
not resuscitate” order in effect for the person upon whom the
resuscitation would otherwise be performed.

end insert

begin insert

begin insert SEC. end insert begin insert 2. end insert   

end insert

begin insert Section 1259.7 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 1259.7. end insert   

If a skilled nursing facility, an intermediate care
facility, or a congregate living health facility implements or
enforces a policy that prohibits a licensed professional nurse
employed by the facility from administering cardiopulmonary
resuscitation, that policy is void as against public policy.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert

begin delete

SECTION 1.  

Section 1215.6 of the Water Code is amended to
read:

1215.6.  

For the purposes of this article, “water user or users”
within a protected area means an appropriator or appropriators, a
riparian user or users, or a groundwater user or users of water on
land owned or controlled by the user within a protected area.

end delete