Senate BillNo. 390


Introduced by Senator Bates

February 25, 2015


An act to add Section 1727.8 to the Health and Safety Code, relating to home health agencies.

LEGISLATIVE COUNSEL’S DIGEST

SB 390, as introduced, Bates. Home health agencies: skilled nursing services.

Existing law provides for the licensure and regulation by the State Department of Public Health of home health agencies, which are private or public organizations that provide or arrange for the provision of skilled nursing services to persons in their temporary or permanent place of residence. “Skilled nursing services,” for purposes of a home health agency, means services provided by a registered nurse or a licensed vocational nurse.

Existing law, the Nursing Practice Act, provides for the licensure and regulation of the practice of nursing by the Board of Registered Nursing.

Existing law, the Vocational Nursing Practice Act, provides for the licensure and regulation of the practice of licensed vocational nursing by the Board of Vocational Nursing and Psychiatric Technicians of the State of California.

This bill would require registered nurses and licensed vocational nurses who provide skilled nursing services for a home health agency to perform their duties consistent with the Nursing Practice Act and the Vocational Nursing Practice Act, respectively. The bill would prohibit registered nurses or licensed vocational nurses who otherwise meet the qualifications of the provisions relating to home health agencies from being required to have a minimum period of professional nursing experience prior to providing skilled nursing services for a home health agency, provided that the nurse has successfully completed specified training. Because a violation of the provisions relating to home health agencies is a misdemeanor, 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:

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SECTION 1.  

Section 1727.8 is added to the Health and Safety
2Code
, to read:

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1727.8.  

(a) (1) A registered nurse shall perform duties
4consistent with the Nursing Practice Act (Chapter 6 (commencing
5with Section 2700) of Division 2 of the Business and Professions
6Code). A registered nurse shall meet all qualifications established
7by the home health agency for the services provided and any
8additional qualifications required by home health agency licensure
9regulations.

10(2) Notwithstanding paragraph (1), a registered nurse who
11otherwise meets the qualifications of this chapter shall not be
12required to have a minimum period of professional nursing
13experience prior to providing skilled nursing services for a home
14health agency, provided that the registered nurse has successfully
15completed a skills and competency training program, administered
16by a licensed home health agency. The skills and competency
17training program shall include at least 80 hours of clinical
18orientation, didactic, simulation, and hands-on training in the
19patient’s home.

20(b) (1) A licensed vocational nurse shall perform duties
21consistent with the Vocational Nursing Practice Act (Chapter 6.5
22(commencing with Section 2840) Division 2 of the Business and
23Professions Code). A licensed vocational nurse shall meet the
24qualifications established by the home health agency for the
25services provided and any additional qualifications required by
26home health agency licensure regulations.

P3    1(2) Notwithstanding paragraph (1), a licensed vocational nurse
2who otherwise meets the qualifications of this chapter shall not be
3required to have a minimum period of professional nursing
4experience prior to providing skilled nursing services for a home
5health agency, provided that the licensed vocational nurse has
6successfully completed a skills and competency training program,
7administered by a licensed home health agency. The skills and
8competency training program shall include at least 80 hours of
9clinical orientation, didactic, simulation, and hands-on training in
10the patient’s home.

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SEC. 2.  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.



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