BILL ANALYSIS Ó
AB 178
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Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 178
(Bonilla) - As Amended April 22, 2015
SUBJECT: Board of Vocational Nursing and Psychiatric
Technicians of the State of California.
SUMMARY: Removes the requirement that the executive officer of
the Board of Vocational Nursing and Psychiatric Technicians
(BVNPT) be a licensed vocational nurse, registered nurse, or
psychiatric technician, requires the director of the Department
of Consumer Affairs (DCA) to appoint an enforcement program
monitor (monitor) no later than October 1, 2015, and requires
the DCA's internal audit unit to review the BVNPT's staffing
resources needs and requirements
EXISTING LAW:
1)Provides for the licensure and regulation of vocational nurses
and psychiatric technicians by the BVNPT and extends the
operation of the BVNPT until January 1, 2016. (Business and
Professions Code (BPC) § 2840-2895.5)
2)Requires the BVNPT, among other things, to appoint an
executive officer and requires the executive officer to be a
licensed vocational nurse, registered nurse, or psychiatric
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technician. (BPC § 2847)
THIS BILL:
3)Removes the requirement that the executive officer be a
licensed vocational nurse, registered nurse, or psychiatric
technician.
4)Requires the director of the DCA to appoint the monitor no
later than October 1, 2015.
5)Requires 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.
6)Requires the monitor to submit a report of his or her findings
and conclusions to the Legislature, the DCA, and the BVNPT by
April 1, 2016, subsequent reports by October 1, 2016, and
February 1, 2017, and a final report by August 1, 2017.
7)Requires the BVNPT and its staff to cooperate with the
monitor.
8)Requires the DCA's internal audit unit to review the BVNPT's
staffing resources needs and requirements, and require the
Director of the DCA to provide the Legislature with a copy of
the review no later than October 1, 2016.
9)Repeals the provisions on January 1, 2018.
10)States that no reimbursement is required by this act for a
specified reason.
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FISCAL EFFECT: Unknown. This bill is keyed fiscal the
Legislative Counsel.
COMMENTS:
11)Purpose. This bill is one of five author-sponsored sunset
bills. According to the author, "This bill is necessary to
ensure that consumers continue to be protected through the
ongoing licensure and regulation of the [BVNPT]."
12)Background. The BVNPT is responsible for administering the
laws related to the education, practice and discipline of
Licensed Vocational Nurses (LVNs) and Psychiatric Technicians
(PTs). The LVN program was established in 1951 and the PT
program was established in 1959. The PT Certification Program
was placed under this Board's jurisdiction due to the unique
mental health and nursing care functions performed by PTs.
The Board oversees two distinct licensure programs, each with
separate statutes, regulations, budget authority, curriculum
requirements, examinations, and staff. Specifically, the
Board regulates the practice of approximately 129,515 LVNs and
13,469 PTs, the largest groups of LVNs and PTs in the nation.
The Board also approves 182 VN Programs and 17 PT Programs in
the State of California.
Joint Oversight Hearings and Sunset Review of DCA Licensing
Boards. In March of 2015, the Assembly Business and
Professions Committee and the Senate Business, Professions and
Economic Development Committee (Committees) conducted multiple
joint oversight hearings to review 10 regulatory boards and
other entities within the DCA. This and other sunset bills
are intended to implement legislative changes recommended in
the respective background reports drafted by the Committees
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for all of the agencies reviewed this year.
The Sunset Review Process. The Sunset Review Oversight process
provides a formal mechanism for the DCA; the Legislature; the
regulatory boards, bureaus and committees; interested parties;
and stakeholders to make recommendations for improvements to
the authority of consumer protection boards and bureaus. This
is performed on a standard four-year cycle and was mandated by
SB 2036 (McCorquodale), Chapter 908, Statutes of 1994. Each
eligible agency is required to submit to the Committees a
report covering the entire period since last reviewed that
includes, among other things, the purpose and necessity of the
agency and any recommendations of the agency for changes or
reorganization in order to better fulfill its purpose. During
the Sunset Review Oversight hearings, the Committees take
public testimony and evaluate the eligible agency prior to the
date the agency is scheduled to be repealed. An eligible
agency is allowed to sunset unless the Legislature enacts a
law to extend, consolidate, or reorganize the eligible agency.
The legislation pertaining to this bill was based on specific
issues raised and addressed in the background report prepared
by the Assembly Business and Professions Committee.
Continued Management of the BVNPT. Since the inception of the
Sunset Review Oversight process, there have been occasions
when the operations of a licensing entity are called into
question and require additional scrutiny. This is typically
in response to information that is presented to the
Legislature that warrants further investigation. The Committee
staff believes that this is the case with the BVNPT Board. As
a result, this bill will enlist the support of the DCA's
Internal Audit Office and the DOI for immediate intervention.
In addition, it will also place an enforcement monitor within
the BVNPT to observe the activities for two years.
13)Prior Related Legislation. SB 539 (Price), Chapter 338,
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Statutes of 2011, among other things, extended the operation
of the BVNPT until January 1, 2016, specified that the BVNPT
would be subject to review by the appropriate policy
committees of the Legislature.
AMENDMENTS:
1)In order for the provisions of this bill to go into effect
immediately, an urgency clause is needed. As such, the author
should add the following:
Add language to declare the bill an urgency measure that
should take effect immediately.
2)Dental Board of California amendments:
BPC Section 1752.1: Add subdivision (i): (i) This section
shall become operative on July 1, 2017.
3)BPC Section 1752.1:
In paragraph (1) of subdivision (a), delete: and practical
In paragraph (2) of subdivision (a), delete: and practical
Add subdivision (i): (i) The board shall, in consultation
with the Office of Professional Examination Services,
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conduct a review to determine whether a practical
examination is necessary to demonstrate competency of
registered dental assistants, and if so, how this
examination should be developed and administered. The
board shall submit its review and determination to the
appropriate policy committees of the Legislature by July 1,
2017.
Add subdivision (j): (j) This section shall become
inoperative on July 1, 2017, and as of January 1, 2018, is
repealed, unless a later enacted statute, that becomes
operative on or before January 1, 2018, deletes or extends
the dates on which it becomes inoperative and is repealed.
4)BPC Section 1752.3: Add subdivision (c): (c) This section
shall become operative on July 1, 2017.
5)BPC Section 1752.3: delete this section.
Analysis Prepared by:Vincent Chee / B. & P. / (916) 319-3301
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