BILL NUMBER: AB 178 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2015
AMENDED IN ASSEMBLY MARCH 3, 2015
INTRODUCED BY Assembly Member Bonilla
(Coauthor: Senator Hill)
JANUARY 26, 2015
An act to amend Sections 2841, 2847, 4501, and 4503 of
Section 2847 of, and to add and repeal Sections 2847.5
and 2858.5 of, 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 of California:
authority: extension. California.
Existing law
(1) Existing law, the Vocational
Nursing Practice Act and the Psychiatric Technicians Law,
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.
Existing law repeals these provisions on January 1, 2016.
Existing law requires the executive officer to be a licensed
vocational nurse, registered nurse, or psychiatric technician.
This bill would extend that repeal date to January 1,
2020. remove the requirement that the executive
officer be a licensed vocational nurse, registered nurse, or
psychiatric technician.
(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.
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.
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: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2841 of the Business and
Professions Code is amended to read:
2841. (a) There is in the Department of Consumer Affairs a Board
of Vocational Nursing and Psychiatric Technicians of the State of
California, consisting of 11 members.
(b) Within the meaning of this chapter, "board," or "the board,"
refers to the Board of Vocational Nursing and Psychiatric Technicians
of the State of California.
(c) This section shall remain in effect only until January 1,
2020, and as of that date is repealed. Notwithstanding any other law,
the repeal of this section renders the board subject to review by
the appropriate policy committees of the Legislature.
SEC. 2. SECTION 1. Section 2847 of
the Business and Professions Code is amended to read:
2847. (a) The board shall select an executive officer who shall
perform duties as are delegated by the board and who shall be
responsible to it for the accomplishment of those duties.
(b) The person
selected to be the executive officer of the board shall be a duly
licensed vocational nurse under this chapter, a duly licensed
registered nurse under Chapter 6 (commencing with Section 2700), or a
duly licensed psychiatric technician. The executive
officer shall not be a member of the board.
(c)
(b) With the approval of the Director of Finance, the
board shall fix the salary of the executive officer.
(d)
(c) The executive officer shall be entitled to
traveling and other necessary expenses in the performance of his or
her duties. He or she shall make a statement, certified before a duly
authorized person, that the expenses have been actually incurred.
(e)
(d) This section shall remain in effect only until
January 1, 2020, 2016, and as of that
date is repealed.
SEC. 3. Section 4501 of the Business and
Professions Code is amended to read:
4501. (a) "Board," as used in this chapter, means the Board of
Vocational Nursing and Psychiatric Technicians of the State of
California.
(b) This section shall remain in effect only until January 1,
2020, and as of that date is repealed.
SEC. 4. Section 4503 of the Business and
Professions Code is amended to read:
4503. (a) The board shall administer and enforce this chapter.
(b) This section shall remain in effect only until January 1,
2020, and as of that date is repealed.
SEC. 2. Section 2847.5 is added to the
Business and Professions Code , to read:
2847.5. (a) (1) The director shall appoint an enforcement program
monitor no later than October 1, 2015. The director may retain a
person for this position by a personal services contract. In this
connection, the Legislature finds, pursuant to Section 19130 of the
Government Code, that this is a new state function.
(2) The director shall supervise the enforcement program monitor
and may terminate or dismiss him or her from this position.
(b) (1) The enforcement program monitor shall monitor and evaluate
the board's vocational nursing and psychiatric technician
disciplinary system and procedures, with specific concentration on
improving the overall efficiency and consistency of the enforcement
program. The director shall specify further duties of the monitor.
(2) The monitoring duty shall be on a continuing basis for a
period of no more than two years from the date of the enforcement
program monitor's appointment and shall include, but not be limited
to, all of the following areas: improving the quality and consistency
of complaint processing and investigation, assuring consistency in
the application of sanctions or discipline imposed on licensees, the
accurate and consistent implementation of the laws and rules
affecting discipline, including adhering to CPEI complaint priority
guidelines as described in the memorandum dated August 31, 2009, by
Brian J. Stinger titled "Complaint Prioritization Guidelines for
Health Care Agencies," staff concerns regarding disciplinary matters
or procedures, appropriate utilization of licensed professionals to
investigate complaints, the board's cooperation with other
governmental entities charged with enforcing related laws and
regulations regarding vocational nurses and psychiatric technicians.
(3) The enforcement program monitor shall exercise no authority
over the board's management or staff; however, the board and its
staff shall cooperate with him or her, and shall provide data,
information, and files as requested by the monitor to perform all of
his or her duties.
(4) The director shall assist the enforcement program monitor in
the performance of his or her duties, and the monitor shall have the
same investigative authority as the director.
(c) (1) The enforcement program monitor shall submit to the
department, the board, and the Legislature an initial written report
of his or her findings and conclusions no later than April 1, 2016,
and subsequent written reports no later than October 1, 2016, and
February 1, 2017, and shall be available to make oral reports to each
if requested to do so. The monitor may also provide additional
information to either the department or the Legislature at his or her
discretion or at the request of either the department or the
Legislature. The monitor shall make his or her reports available to
the public or the media. The monitor shall make every effort to
provide the board with an opportunity to reply to any facts, finding,
issues, or conclusions in his or her reports with which the board
may disagree.
(2) The enforcement program monitor shall issue a final report
before August 1, 2017. The final report shall include final findings
and conclusions on the topics addressed in the initial report
submitted by the monitor pursuant to paragraph (1).
(d) The board shall pay for all of the costs associated with the
employment of the enforcement program monitor.
(e) This section shall become inoperative on October 1, 2017, and
as of January 1, 2018, is repealed.
SEC. 3. Section 2858.5 is added to the
Business and Professions Code , to read:
2858.5. (a) The department's internal audit unit shall review the
board's staffing resources needs and requirements, and the director
shall provide to the Legislature a copy of the review, no later than
October 1, 2016. The director shall include with this report an
overview of how the director intends to ensure that the board's staff
are sufficiently qualified for purposes of implementing the
provisions of this chapter and Chapter 10 (commencing with Section
4500), and the estimated costs of meeting staffing and other
requirements to implement this chapter and Chapter 10 (commencing
with Section 4500) based on findings of the review. The director
shall include a brief evaluation of whether the current fee structure
is appropriate to satisfy those staffing and other requirements.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed.
SEC. 4. 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.