BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 1028
Author: Patterson (D)
Amended: 6/10/13 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 10-0, 6/17/13
AYES: Lieu, Emmerson, Block, Corbett, Galgiani, Hernandez,
Hill, Padilla, Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : 6-0, 7/1/13
AYES: De León, Walters, Gaines, Hill, Lara, Steinberg
NO VOTE RECORDED: Padilla
ASSEMBLY FLOOR : 75-0, 5/9/13 - See last page for vote
SUBJECT : Vocational nursing: interim permits
SOURCE : Author
DIGEST : This bill permits an applicant for a vocational
nursing license to submit an application for an interim permit
(IP) at the same time they submit an application for the
required licensing examination and requires the Board of
Vocational Nursing and Psychiatric Technicians (BVNPT) to decide
whether to issue the permit and, if the BVNPT deems to, issue
the IP within 60 days of receiving the application.
ANALYSIS : Existing law:
1. Provides for the licensure and regulation of Licensed
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Vocational Nurses (LVNs) and psychiatric technicians by the
BVNPT.
2. Defines the scope of practice for LVNs.
3. Outlines the requirements that an applicant for a license as
a vocational nurse must meet in order to be granted an IP by
the BVNPT.
4. Specifies that if the BVNPT receives an application for
licensure as a vocational nurse, no later than four months
after completion of a the BVNPT approved nursing program, the
BVNPT may issue an IP authorizing the applicant to practice
vocational nursing pending the results of the first licensing
examination, or for a period of nine months, whichever occurs
first.
5. Specifies that the fee to be paid for an IP shall be in an
amount no less than $40 and may be fixed by the BVNPT at an
amount no more than $50.
This bill:
1. Specifies that an applicant may submit an application for an
IP at the same time the applicant submits their application
for the licensing examination.
2. Indicates that the BVNPT shall make a decision whether to
issue the IP, and if the BVNPT decides to issue the IP, they
will issue the IP within 60 days of receiving the completed
application.
Background
Currently, a vocational nursing student who has completed their
training program may apply to take the licensing examination.
Provided that the application for licensure is received by the
BVNPT no later than four months after completion of a
board-approved nursing program and clearance from the Department
of Justice, the BVNPT may issue an IP authorizing the applicant
to practice vocational nursing, pending the results of the
licensing examination, or for a period of nine months, whichever
occurs first. If the applicant passes the examination, the IP
shall remain in effect until the license is issued by the BVNPT
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or for a maximum period of six months after passing the
examination, whichever occurs first. If the applicant fails the
examination, the IP shall terminate upon notice by certified
mail, return receipt requested, or if the applicant fails to
receive the notice, upon the date specified in the IP, whichever
occurs first. An interim permittee shall not use any title or
designation other than "vocational nurse interim permittee."
A permittee shall function under the supervision of an LVN or a
registered nurse (RN), who shall be present and available on the
premises during the time the permittee is rendering professional
services. The LVN or RN may delegate to the permittee any
function taught in the permittee's basic nursing program.
According to the BVNPT Web site, it takes approximately three to
four weeks to process an IP. However, the BVNPT acknowledges
that it currently takes eight to 12 weeks. This is due
primarily to staffing shortages.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Potential one-time costs up to $75,000 for the amendment of
existing regulations by the BVNPT (Vocational Nursing and
Psychiatric Technicians Fund).
Potential ongoing costs in the tens of thousands, up to
about $150,000 for additional interim permit application
review, offset by fee revenues (Vocational Nursing and
Psychiatric Technicians Fund).
The BVNPT indicates that it has not issued an interim permit in
more than two years, in part because staff limitations lead to
long processing times. The increased workload to the BVNPT will
depend on how many license applicants also apply for an interim
permit. If half of the licensing applicants also apply for an
interim permit, the BVNPT estimates that it will experience
costs of about $75,000 per year, offset by fee revenues.
SUPPORT : (Verified 7/2/13)
Association of California Healthcare Districts
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California Association for Health Services at Home
California Hospital Association
Hospital Corporation of America
ARGUMENTS IN SUPPORT : According to the author, vocational
nursing applicants are currently experiencing extraordinary
delays with application processing times. "The current wait
time [for an interim permit] is actually 8 to12 weeks?The BVNPT
states that there would then be an additional 4-5 weeks
processing time before the IP could be issued. As a result of
this lengthy process, the BVNPT has also stated that they have
not actually issued any of these interim permits in over 2
years. AB 1028 aims to ensure that these critical health care
providers can begin working in a timely manner once they have
finished schooling and have entered the licensing process with
the BVNPT by speeding up the process by which they can apply for
and receive an interim permit while they complete all board
exams."
The California Association for Health Services at Home, the
California Hospital Association and the Hospital Corporation of
America write, "The Affordable Care Act?emphasizes allowing all
providers to function at the top of their education and
training, and delivering care in teams. The ability for
vocational nurses to work under an interim permit could enhance
this access." They also add, "While the supply of registered
nurses is presently stable, 50 percent of California's RN's with
active licensees are over the age of 50 and are predicted to
retire or reduce hours as the economy improves?Therefore,
introducing vocational nurse into the workforce as interim
permittees to maximize their availability and increase their
significance in the care of Californians is crucial."
The Association of California Healthcare Districts (ACHD)
states, "The majority of California's Healthcare Districts are
located in rural areas, and many have a difficult time
recruiting qualified individuals into their workforce. By
increasing the prospective workforce, Healthcare Districts will
be able to offer their communities increased patient care. As
ACHD supports long-term solutions to increase the potential
workforce for healthcare professionals within all areas of
California to ease workforce shortages, we strongly urge your
support of this important measure."
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ASSEMBLY FLOOR : 75-0, 5/9/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Torres, Wagner, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Donnelly, Holden, Logue, Waldron, Vacancy
MW:k 7/2/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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