BILL NUMBER: SB 390	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 1727.8 is added to the Health and Safety Code,
to read:
   1727.8.  (a) (1) A registered nurse shall perform duties
consistent with the Nursing Practice Act (Chapter 6 (commencing with
Section 2700) of Division 2 of the Business and Professions Code). A
registered nurse shall meet all qualifications established by the
home health agency for the services provided and any additional
qualifications required by home health agency licensure regulations.
   (2) Notwithstanding paragraph (1), a registered nurse who
otherwise meets the qualifications of this chapter shall not be
required to have a minimum period of professional nursing experience
prior to providing skilled nursing services for a home health agency,
provided that the registered nurse has successfully completed a
skills and competency training program, administered by a licensed
home health agency. The skills and competency training program shall
include at least 80 hours of clinical orientation, didactic,
simulation, and hands-on training in the patient's home.
   (b) (1) A licensed vocational nurse shall perform duties
consistent with the Vocational Nursing Practice Act (Chapter 6.5
(commencing with Section 2840) Division 2 of the Business and
Professions Code). A licensed vocational nurse shall meet the
qualifications established by the home health agency for the services
provided and any additional qualifications required by home health
agency licensure regulations.
   (2) Notwithstanding paragraph (1), a licensed vocational nurse who
otherwise meets the qualifications of this chapter shall not be
required to have a minimum period of professional nursing experience
prior to providing skilled nursing services for a home health agency,
provided that the licensed vocational nurse has successfully
completed a skills and competency training program, administered by a
licensed home health agency. The skills and competency training
program shall include at least 80 hours of clinical orientation,
didactic, simulation, and hands-on training in the patient's home.
  SEC. 2.  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.