Amended in Assembly April 22, 2015

Amended in Assembly March 3, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 178


Introduced by Assembly Member Bonilla

(Coauthor: Senator Hill)

January 26, 2015


An act to amendbegin delete Sections 2841, 2847, 4501, and 4503 ofend deletebegin insert Section 2847 of, and to add and repeal Sections 2847.5 and 2858.5 of,end insert the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 178, as amended, Bonilla. Board of Vocational Nursing and Psychiatric Technicians of the State ofbegin delete California: authority: extension.end deletebegin insert California.end insert

begin delete

Existing law

end delete

begin insert(1)end insertbegin insertend insertbegin insertExisting law, the Vocational Nursing Practice Act and the Psychiatric Technicians Law,end insert provides for the licensure and regulation of vocational nurses and psychiatric technicians by the Board of Vocational Nursing and Psychiatric Technicians of the State of California and requires the board, among other things, to appoint an executive officer.begin delete Existing law repeals these provisions on January 1, 2016.end deletebegin insert Existing law requires the executive officer to be a licensed vocational nurse, registered nurse, or psychiatric technician.end insert

This bill wouldbegin delete extend that repeal date to January 1, 2020.end deletebegin insert remove the requirement that the executive officer be a licensed vocational nurse, registered nurse, or psychiatric technician.end insert

begin insert

(2) Existing law authorizes the Director of Consumer Affairs to investigate the work of the boards within the Department of Consumer Affairs, obtain a copy of the records of official matters in possession of the boards, and require reports from the boards as the director deems reasonably necessary. Existing law requires the director to provide certain reports to the Legislature, including, but not limited to, a copy of an independent review of the Bureau for Private Postsecondary Education’s staffing resources needs and requirements. Existing law also makes a violation of the Vocational Nursing Practice Act or the Psychiatric Technicians Law a crime.

end insert
begin insert

This bill would require the director to appoint an enforcement program monitor no later than October 1, 2015. The bill would require the monitor to monitor and evaluate the vocational nursing and psychiatric technician system and procedures for a period of no more than 2 years, as specified, submit a report of his or her findings and conclusions to the Legislature, the department, and the board by April 1, 2016, subsequent reports by October 1, 2016, and February 1, 2017, and a final report by August 1, 2017. The bill would require the board and its staff to cooperate with the monitor. The bill would also require the department’s internal audit unit to review the board’s staffing resources needs and requirements, and require the director to provide the Legislature with a copy of the review no later than October 1, 2016. The bill would repeal these provisions on January 1, 2018. By expanding the scope of a crime, this 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

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

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

begin delete
P2    1

SECTION 1.  

Section 2841 of the Business and Professions
2Code
is amended to read:

P3    1

2841.  

(a) There is in the Department of Consumer Affairs a
2Board of Vocational Nursing and Psychiatric Technicians of the
3State of California, consisting of 11 members.

4(b) Within the meaning of this chapter, “board,” or “the board,”
5refers to the Board of Vocational Nursing and Psychiatric
6Technicians of the State of California.

7(c) This section shall remain in effect only until January 1, 2020,
8and as of that date is repealed. Notwithstanding any other law, the
9repeal of this section renders the board subject to review by the
10appropriate policy committees of the Legislature.

end delete
11

begin deleteSEC. 2.end delete
12begin insertSECTION 1.end insert  

Section 2847 of the Business and Professions
13Code
is amended to read:

14

2847.  

(a) The board shall select an executive officer who shall
15perform duties as are delegated by the board and who shall be
16responsible to it for the accomplishment of those duties.

begin delete17(b) The person selected to be the executive officer of the board
18shall be a duly licensed vocational nurse under this chapter, a duly
19licensed registered nurse under Chapter 6 (commencing with
20 Section 2700), or a duly licensed psychiatric technician.end delete
The
21executive officer shall not be a member of the board.

begin delete

22(c)

end delete

23begin insert(b)end insert With the approval of the Director of Finance, the board shall
24fix the salary of the executive officer.

begin delete

25(d)

end delete

26begin insert(c)end insert The executive officer shall be entitled to traveling and other
27necessary expenses in the performance of his or her duties. He or
28she shall make a statement, certified before a duly authorized
29person, that the expenses have been actually incurred.

begin delete

30(e)

end delete

31begin insert(d)end insert This section shall remain in effect only until January 1,begin delete 2020,end delete
32begin insert 2016,end insert and as of that date is repealed.

begin delete33

SEC. 3.  

Section 4501 of the Business and Professions Code is
34amended to read:

35

4501.  

(a) “Board,” as used in this chapter, means the Board
36of Vocational Nursing and Psychiatric Technicians of the State of
37California.

38(b) This section shall remain in effect only until January 1, 2020,
39and as of that date is repealed.

end delete
begin deleteP4    1

SEC. 4.  

Section 4503 of the Business and Professions Code is
2amended to read:

3

4503.  

(a) The board shall administer and enforce this chapter.

4(b) This section shall remain in effect only until January 1, 2020,
5and as of that date is repealed.

end delete
6begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 2847.5 is added to the end insertbegin insertBusiness and Professions
7Code
end insert
begin insert, to read:end insert

begin insert
8

begin insert2847.5.end insert  

(a) (1)   The director shall appoint an enforcement
9program monitor no later than October 1, 2015. The director may
10retain a person for this position by a personal services contract.
11In this connection, the Legislature finds, pursuant to Section 19130
12of the Government Code, that this is a new state function.

13(2) The director shall supervise the enforcement program
14monitor and may terminate or dismiss him or her from this position.

15(b) (1) The enforcement program monitor shall monitor and
16evaluate the board’s vocational nursing and psychiatric technician
17disciplinary system and procedures, with specific concentration
18on improving the overall efficiency and consistency of the
19enforcement program. The director shall specify further duties of
20the monitor.

21(2) The monitoring duty shall be on a continuing basis for a
22period of no more than two years from the date of the enforcement
23program monitor’s appointment and shall include, but not be
24limited to, all of the following areas: improving the quality and
25consistency of complaint processing and investigation, assuring
26consistency in the application of sanctions or discipline imposed
27on licensees, the accurate and consistent implementation of the
28laws and rules affecting discipline, including adhering to CPEI
29complaint priority guidelines as described in the memorandum
30dated August 31, 2009, by Brian J. Stinger titled “Complaint
31Prioritization Guidelines for Health Care Agencies,” staff concerns
32regarding disciplinary matters or procedures, appropriate
33utilization of licensed professionals to investigate complaints, the
34board’s cooperation with other governmental entities charged
35with enforcing related laws and regulations regarding vocational
36nurses and psychiatric technicians.

37(3) The enforcement program monitor shall exercise no authority
38over the board’s management or staff; however, the board and its
39staff shall cooperate with him or her, and shall provide data,
P5    1information, and files as requested by the monitor to perform all
2of his or her duties.

3(4) The director shall assist the enforcement program monitor
4in the performance of his or her duties, and the monitor shall have
5the same investigative authority as the director.

6(c) (1) The enforcement program monitor shall submit to the
7department, the board, and the Legislature an initial written report
8of his or her findings and conclusions no later than April 1, 2016,
9and subsequent written reports no later than October 1, 2016, and
10February 1, 2017, and shall be available to make oral reports to
11each if requested to do so. The monitor may also provide additional
12information to either the department or the Legislature at his or
13her discretion or at the request of either the department or the
14Legislature. The monitor shall make his or her reports available
15to the public or the media. The monitor shall make every effort to
16provide the board with an opportunity to reply to any facts, finding,
17issues, or conclusions in his or her reports with which the board
18may disagree.

19(2) The enforcement program monitor shall issue a final report
20before August 1, 2017. The final report shall include final findings
21and conclusions on the topics addressed in the initial report
22submitted by the monitor pursuant to paragraph (1).

23(d) The board shall pay for all of the costs associated with the
24employment of the enforcement program monitor.

25(e) This section shall become inoperative on October 1, 2017,
26and as of January 1, 2018, is repealed.

end insert
27begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2858.5 is added to the end insertbegin insertBusiness and Professions
28Code
end insert
begin insert, to read:end insert

begin insert
29

begin insert2858.5.end insert  

(a) The department’s internal audit unit shall review
30the board’s staffing resources needs and requirements, and the
31director shall provide to the Legislature a copy of the review, no
32later than October 1, 2016. The director shall include with this
33report an overview of how the director intends to ensure that the
34board’s staff are sufficiently qualified for purposes of implementing
35the provisions of this chapter and Chapter 10 (commencing with
36Section 4500), and the estimated costs of meeting staffing and
37other requirements to implement this chapter and Chapter 10
38(commencing with Section 4500) based on findings of the review.
39The director shall include a brief evaluation of whether the current
P6    1fee structure is appropriate to satisfy those staffing and other
2requirements.

3(b) This section shall remain in effect only until January 1, 2018,
4and as of that date is repealed.

end insert
5begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
8district will be incurred because this act creates a new crime or
9infraction, eliminates a crime or infraction, or changes the penalty
10for a crime or infraction, within the meaning of Section 17556 of
11the Government Code, or changes the definition of a crime within
12the meaning of Section 6 of Article XIII B of the California
13Constitution.

end insert


O

    97