BILL NUMBER: AB 259	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Logue

                        FEBRUARY 7, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


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

   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. 

   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.  
   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. 

   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.  
   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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   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.  
   This bill would make a technical, nonsubstantive change to the
definition of water user or users. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTIO   N 1.    Section 2762 of the 
 Business and Professions Code   is amended to read:

   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)  of
this section  . 
   (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. 
   SEC.   2.    Section 1259.7 is added to the
  Health and Safety Code   , to read:  
   1259.7.  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. 
   SEC. 3.    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.  
  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.