BILL NUMBER: SB 466 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 30, 2015
AMENDED IN SENATE APRIL 23, 2015
AMENDED IN SENATE APRIL 20, 2015
INTRODUCED BY Senator Hill
FEBRUARY 25, 2015
An act to amend Sections Section
2786 and 2786.6 of, and to
add Section 2786.1 to, to add and repeal Sections
Section 2711 and 2736.7 of,
and to repeal Section 2736.5 of, the Business and
Professions Code, relating to nursing.
LEGISLATIVE COUNSEL'S DIGEST
SB 466, as amended, Hill. Nursing: Board of Registered Nursing.
The Nursing Practice Act provides for the licensure and regulation
of registered nurses by the Board of Registered Nursing within the
Department of Consumer Affairs, and requires the board to appoint an
executive officer to perform duties delegated by the board. The act
authorizes the board to take disciplinary action against a certified
or licensed nurse or to deny an application for a certificate or
license for certain reasons, including unprofessional conduct.
This bill would require the Director of the Department of Consumer
Affairs to appoint a board enforcement program monitor no later than
March 31, 2016, as specified. The bill would require the enforcement
program monitor to monitor and evaluate the nursing disciplinary
system and procedures and specifically concentrate on improving the
overall efficiency and consistency of the enforcement program,
including, but not limited to, assuring consistency in the
application of sanctions or discipline imposed on licensees. The bill
would make these provisions inoperative on March 31, 2018, and would
repeal these provisions on January 1, 2019.
The act authorizes any person who has served on active duty in the
medical corps of the Armed Forces of the United States and who
successfully completed the course of instruction to qualify him or
her for rating as a medical service technician--independent duty, or
other equivalent rating, and whose service in the Armed Forces was
under honorable conditions to submit the record of that training to
the board for evaluation. The act requires the board to grant a
license to that person if he or she meets specified qualifications
and the board determines that his or her education would give
reasonable assurance of competence to practice as a registered nurse
in this state. The act requires the board to maintain records of
those applicants, including, but not limited to, applicants who are
rejected from examination.
This bill would repeal these provisions.
The act requires the board to maintain a list of approved schools
or programs of nursing in this state, as specified, and provides that
an approved school or program of nursing is one that has been
approved by the board and meets certain academic requirements. The
act requires the board to deny an application for approval of, and to
revoke the approval given to, any school of nursing that does not
give student applicants credit for previous education and the
opportunity to obtain credit for other acquired knowledge by the use
of challenge examinations or other methods of evaluation.
This bill would instead require the board to
deny or revoke approval of a school of nursing that does not give
student applicants credit in the field of nursing for
previous military education and
the opportunity to obtain credit for other clinical and
theoretical knowledge acquired through experience by the
use of challenge examinations or other methods of evaluation. The
bill would require the board, by January 1, 2017, to promulgate
regulations requiring schools seeking approval to have a process to
evaluate and grant credit credit, as defined,
for military education and clinical and
theoretical knowledge acquired through prior experience.
The bill would require the board to review a school's policies and
practices regarding granting credit for previously acquired
military education and clinical and
theoretical knowledge at least once every 4 experience
at least every 5 years to ensure consistency in evaluation and
application across schools. The bill would require the board to post
on its Internet Web site information related to the acceptance of
military coursework and experience at each approved school.
The bill would also require the board, by January 1, 2018, to prepare
a report to the Legislature examining the barriers to California
licensure for practitioners who cannot meet California licensure
requirements due to insufficient academic or clinical preparation,
but who are licensed and practicing in other states.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2711 is added to the Business and Professions
Code, to read:
2711. (a) (1) The Director of Consumer Affairs shall appoint a
board enforcement program monitor no later than March 31, 2016. The
director may retain an independent contractor for this appointment by
a personal services contract. The Legislature hereby finds that the
services described in this section are a new state function, pursuant
to Section 19130 of the Government Code.
(2) The director shall supervise the enforcement program monitor
and may terminate or dismiss the enforcement program monitor from the
appointment.
(b) (1) The enforcement program monitor shall monitor and evaluate
the nursing disciplinary system and procedures and specifically
concentrate on improving the overall efficiency and consistency of
the enforcement program. The director shall specify further duties of
the program 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, the following areas:
(A) Improving the quality and consistency of complaint processing
and investigation.
(B) Assuring consistency in the application of sanctions or
discipline imposed on licensees.
(C) The accurate and consistent implementation of the laws and
rules affecting discipline, including adhering to the Consumer
Protection Enforcement Initiative complaint priority guidelines as
described in the memorandum dated August 31, 2009, by Brian J. Stiger
titled "Complaint Prioritization Guidelines for Health Care
Agencies."
(D) Staff concerns regarding disciplinary matters or procedures.
(E) Appropriate use of licensed professionals to investigate
complaints.
(F) The board's cooperation with other governmental entities
charged with enforcing related laws and regulations regarding nurses.
(3) The enforcement program monitor shall exercise no authority
over the board's discipline operations or staff. However, the board
and its staff shall cooperate with the enforcement program monitor,
and the board shall provide data, information, and case files
requested by the enforcement program 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 enforcement program
monitor shall have the same investigative authority as the director.
(c) The enforcement program monitor shall submit an initial
written report of his or her findings and conclusions to the board,
the department, and the Legislature no later than September 1, 2016,
and every six months thereafter, and be available to make oral
reports to each, if requested to do so. The enforcement program
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 enforcement
program monitor shall make his or her reports available to the public
or the media. The enforcement program monitor shall make every
effort to provide the board with an opportunity to reply to any
facts, findings, issues, or conclusions in his or her reports with
which the board may disagree.
(d) The board shall pay for all of the costs associated with the
employment of an enforcement program monitor.
(e) This section shall become inoperative on March 31, 2018, and
as of January 1, 2019, is repealed.
SEC. 2. Section 2736.7 is added to the Business
and Professions Code, to read:
2736.7. (a) The board shall, by January 1, 2018, prepare a report
to be submitted to the Legislature examining barriers to California
licensure for practitioners who cannot meet California licensure
requirements due to insufficient academic or clinical preparation,
but who are licensed and practicing in other states.
(b) The report required by this section shall be submitted in
compliance with Section 9795 of the Government Code.
(c) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2022.
SEC. 2. Section 2736.5 of the Business
and Professions Code is repealed.
2736.5. (a) Any person who has served on active duty in the
medical corps of any of the Armed Forces of the United States and who
has successfully completed the course of instruction required to
qualify him or her for rating as a medical service
technician--independent duty, or other equivalent rating in his
particular branch of the Armed Forces, and whose service in the Armed
Forces has been under honorable conditions, may submit the record of
such training to the board for evaluation.
(b) If such person meets the qualifications of paragraphs (1) and
(3) of subdivision (a) of Section 2736, and if the board determines
that his or her education would give reasonable assurance of
competence to practice as a registered nurse in this state, he or she
shall be granted a license upon passing the standard examination for
such licensure.
(c) The board shall, by regulation, establish criteria for
evaluating the education of applicants under this section.
(d) The board shall maintain records of the following categories
of applicants under this section:
(1) Applicants who are rejected for examination, and the areas of
such applicants' preparation which are the causes of rejection.
(2) Applicants who are qualified by their military education alone
to take the examination, and the results of their examinations.
(3) Applicants who are qualified to take the examination by their
military education plus supplementary education, and the results of
their examinations.
(e) The board shall attempt to contact by mail or other means
individuals meeting the requirements of subdivision (a) who have been
or will be discharged or separated from the Armed Forces of the
United States, in order to inform them of the application procedure
provided by this section. The board may enter into an agreement with
the federal government in order to secure the names and addresses of
such individuals.
SEC. 3. Section 2786 of the Business and Professions Code is
amended to read:
2786. (a) An approved school of nursing, or an approved nursing
program, is one that has been approved by the board, gives the course
of instruction approved by the board, covering not less than two
academic years, is affiliated or conducted in connection with one or
more hospitals, and is an institution of higher education. For
purposes of this section, "institution of higher education" includes,
but is not limited to, community colleges offering an associate of
arts or associate of science degree and private postsecondary
institutions offering an associate of arts, associate of science, or
baccalaureate degree or an entry-level master's degree, and is an
institution that is not subject to the California Private
Postsecondary Education Act of 2009 (Chapter 8 (commencing with
Section 94800) of Part 59 of Division 10 of Title 3 of the Education
Code).
(b) A school of nursing that is affiliated with an institution
that is subject to the California Private Postsecondary Education Act
of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of
Division 10 of Title 3 of the Education Code), may be approved by the
board to grant an associate of arts or associate of science degree
to individuals who graduate from the school of nursing or to grant a
baccalaureate degree in nursing with successful completion of an
additional course of study as approved by the board and the
institution involved.
(c) The board shall determine by regulation the required subjects
of instruction to be completed in an approved school of nursing for
licensure as a registered nurse and shall include the minimum units
of theory and clinical experience necessary to achieve essential
clinical competency at the entry level of the registered nurse. The
board's regulations may be designed to require all schools to provide
clinical instruction in the educational process.
(d) The board shall perform or cause to be performed an analysis
of the practice of the registered nurse no less than every five
years. Results of the analysis shall be utilized to assist in the
determination of the required subjects of instruction, validation of
the licensing examination, and assessment of the current practice of
nursing.
SEC. 4. Section 2786.6 of the Business and
Professions Code is amended to read:
2786.6. (a) The board shall deny the application for approval
made by, and shall revoke the approval given to, any school of
nursing that either:
(1) Does not give to student applicants credit, in the field of
nursing, for previous education and the opportunity to obtain credit
for other clinical and theoretical knowledge acquired through prior
experience by the use of challenge examinations or other methods of
evaluation.
(2) Is operated by a community college and discriminates against
an applicant for admission to a school solely on the grounds that the
applicant is seeking to fulfill the units of nursing required by
Section 2736.6.
(b) The board shall promulgate regulations by January 1, 2017,
requiring schools to have a process to evaluate and grant credit for
previous education and clinical and theoretical knowledge acquired
through prior experience, including that gained from military
service. The word "credit," as used in the preceding sentence, is
limited to credit for licensure only. The board is not authorized to
prescribe the credit that an approved school of nursing shall give
toward an academic certificate or degree.
(c) The board shall review a school's policies and practices
regarding granting credit for previous education and clinical and
theoretical knowledge acquired through prior experience at least once
every four years to ensure consistency in evaluation and application
across schools. The board shall post on its Internet Web site
information related to the acceptance of military coursework and
experience at each approved school.
SEC. 4. Section 2786.1 is added to the
Business and Professions Code , to read:
2786.1. (a) The board shall deny the application for approval
made by, and shall revoke the approval given to, any school of
nursing that does not give student applicants credit in the field of
nursing for military education and experience by the use of challenge
examinations or other methods of evaluation.
(b) The board shall promulgate regulations by January 1, 2017,
requiring schools to have a process to evaluate and grant credit for
military education and experience. The word "credit," as used in the
preceding sentence, is limited to credit for licensure only. The
board is not authorized to prescribe the credit that an approved
school of nursing shall give toward an academic certificate or
degree.
(c) The board shall review a school's policies and practices
regarding granting credit for military education and experience at
least once every five years to ensure consistency in evaluation and
application across schools. The board shall post on its Internet Web
site information related to the acceptance of military coursework and
experience at each approved school.