Amended in Assembly April 16, 2013

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 begin delete to amend Section 2762 of the Business and Professions Code, and end delete to add begin delete Section 1259.7 end delete begin insert Chapter 13 (commencing with Section 1796) end insert to begin insert Division 2 of end insert the Health and Safety Code, relating to begin delete nursing end delete begin insert health and care facilities end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 259, as amended, Logue. begin delete Nursing: end delete begin insert Health and care facilities: end insert CPR begin delete in emergency situations end delete .

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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 delete

Existing law regulates begin delete health facilities, including skilled nursing facilities, intermediate care facilities, and congregate living health facilities end delete begin insert long-term health care facilities, community care facilities, adult day health care centers, and residential care facilities end insert . A person who violates these provisions is guilty of a crime, except as specified.

This bill would begin delete 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 delete

begin delete 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 end delete begin insert make it a misdemeanor for those facilities to have a policy that prohibits any employee end insert from administering cardiopulmonary resuscitation, begin delete that policy is void as against public policy end delete begin insert except as specified end insert . By creating a new crime relating to begin delete health care end delete begin insert these end insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

begin delete

SECTION 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).

(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.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 13 (commencing with Section 1796) is
added to Division 2 of the end insert begin insert Health and Safety Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 13. end insert Cardiopulmonary Resuscitation

 

begin insert 1796. end insert   

(a) It is a misdemeanor for a long-term health care
facility, as defined in Section 1418, community care facility, as
defined in Section 1502, adult day health care center, as defined
in Section 1570.7, or residential care facility for the elderly, as
defined in Section 1569.2, to have a policy that prohibits any
employee from administering cardiopulmonary resuscitation.

(b) This section does not apply if there is a “do not resuscitate”
or Physician Orders for Life Sustaining Treatment form, as defined
in Section 4780 of the Probate Code, or an advance health care
directive that prohibits resuscitation, as specified in Part 2
(commencing with Section 4670) of Division 4.7 of the Probate
Code, in effect for the person upon whom the resuscitation would
otherwise be performed.

end insert

begin delete

  

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end 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.