BILL NUMBER: SB 466 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 18, 2015
AMENDED IN ASSEMBLY JUNE 18, 2015
AMENDED IN SENATE APRIL 30, 2015
AMENDED IN SENATE APRIL 23, 2015
AMENDED IN SENATE APRIL 20, 2015
INTRODUCED BY Senator Hill
(Principal coauthor: Assembly Member Bonilla)
FEBRUARY 25, 2015
An act to amend Section Sections 2701,
2708, and 2786 of, to add Section 2786.1 to, to add
and repeal Section 2711 of, Sections 2718 and 2786.1
to, 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:
Registered nurses: 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 Affairs.
Existing law requires the board to appoint an executive officer
to perform duties delegated by the board. The
Existing law repeals the board and the executive officer
position on January 1, 2016.
This bill would extend the repeal date to January 1, 2018.
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. Existing law establishes the
California State Auditor's Office, which is headed by the California
State Auditor, to conduct financial and performance audits as
directed by statute.
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
recommendations on improving the enforcement program, including, but
not limited to, ensuring consistency in the application of board
sanctions or discipline imposed on licensees. The bill would require
the program enforcement monitor to submit an initial written report 6
months after he or she begins the review process and every 6 months
after the initial report to the board, the Director of Consumer
Affairs, and the Legislature, as specified, and would require a final
written report to be submitted by December 31, 2018, as specified.
The bill would make these provisions inoperative on March 31, 2018,
and would repeal these provisions on January 1, 2019.
require the board, by Febru ary 1, 2016, to contract with
the California State Auditor's Office to conduct a performance audit
of the board's enforcement program, as specified. The bill would
require the board to reimburse the office for the cost of the
performance audit. The bill would require the office to report the
results of the audit to the Governor, the department, and
the appropriate policy committees of the Legislature by January 1,
2017. The bill would require the board's staff and management to
cooperate with the office and provide the office with access to data,
case files, employees, and information.
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 those
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 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 military education and experience by the use of
challenge examinations or other methods of evaluation. The bill
would require the board, by January 1, 2017, to promulgate
adopt regulations requiring schools seeking
approval to have a process to evaluate and grant credit, as defined,
for military education and experience. The bill would require the
board to review a school's policies and practices regarding granting
credit for military education and 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.
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) 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.
(b) The director shall advertise the availability of the
enforcement program monitor position. The requirements of the
position shall include, but not be limited to, performance audit
experience and familiarity with state laws, regulations, and
administrative procedures pertaining to the board. The enforcement
program monitor shall not have a pecuniary interest, outside of the
direct compensation referenced in this section, in reviewing the
board or any recommendations made pursuant to this section.
(c) (1) The enforcement program monitor shall monitor and evaluate
the nursing disciplinary system and procedures and specifically
concentrate recommendations on improving the enforcement program. The
enforcement program monitor shall develop recommendations that
acknowledge the board's right to exercise reasonable discretion in
applying disciplinary standards to particular circumstances and in
deciding individual cases.
(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) Ensuring consistency in the application of board sanctions or
discipline imposed on licensees.
(C) Ensuring the accurate and consistent implementation of the
laws and rules affecting discipline, including adherence to the
Division of Investigation Case Acceptance Guidelines (Consumer
Protection Enforcement Initiative Model), as revised July 1, 2014.
(D) Reducing the timeframes for completing complaint processing
and investigation.
(E) Addressing staff concerns regarding disciplinary matters or
procedures.
(F) Reviewing the appropriate use of licensed professionals to
investigate complaints.
(G) Reviewing the board's cooperation with other governmental
entities charged with enforcing related laws and regulations
regarding nurses.
(H) Generally assessing the adequacy of staffing, operations, and
fiscal resources of other governmental entities as they affect the
board's enforcement functions and identifying any delays caused by
these other entities.
(I) Assessing the adequacy of board staffing and fiscal resources
to perform its enforcement functions.
(3) In fulfilling the monitoring duties described in subparagraphs
(A) through (H), inclusive, of paragraph (2), the enforcement
program monitor shall perform those duties consistent with paragraph
(1).
(4) 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.
(5) The enforcement program monitor shall have access to all
records and full and complete data in all official matters that are
in possession of the board and the board's members, officers, and
employees.
(d) The enforcement program monitor shall submit an initial
written report of his or her findings and recommendations to the
board within six months after the enforcement program monitor begins
the review process, and shall submit a report every six months after
the initial report with a final report to be submitted on or before
December 31, 2018. The board shall be given 30 days to review and
prepare a response to each written report beginning from the time the
report is submitted to the board. After the 30 days expire, the
program enforcement monitor shall submit each written report to the
department and the Legislature. The enforcement program monitor shall
make his or her reports and the board's response to the reports
available to the public when the reports are submitted to the
department and the Legislature. The enforcement program monitor shall
make every effort to provide the board with an opportunity
throughout the entire review process to reply to any facts, findings,
issues, or recommendations in his or her reports with which the
board may disagree.
(e) The final report shall include final findings and
recommendations on the topics addressed in the prior reports
submitted by the program enforcement monitor pursuant to subdivision
(c) and in compliance with the process described in subdivision (d).
(f) The board shall pay for all of the costs associated with the
employment of an enforcement program monitor.
(g) This section shall become inoperative on March 31, 2018, and
as of January 1, 2019, is repealed.
SECTION 1. Section 2701 of the Business
and Professions Code is amended to read:
2701. (a) There is in the Department of Consumer Affairs the
Board of Registered Nursing consisting of nine members.
(b) For purposes of this chapter, "board," or "the board," refers
to the Board of Registered Nursing. Any reference in state law to the
Board of Nurse Examiners of the State of California or the
California Board of Nursing Education and Nurse Registration shall be
construed to refer to the Board of Registered Nursing.
(c) The board shall have all authority vested in the previous
board under this chapter. The board may enforce all disciplinary
actions undertaken by the previous board.
(d) This section shall remain in effect only until January 1,
2016, 2018, and as of that date, is
repealed, unless a later enacted statute that is enacted before
January 1, 2016, 2018, deletes or
extends that date. Notwithstanding any other provision of
law, the repeal of this section renders the board subject
to review by the appropriate policy committees of the Legislature.
SEC. 2. Section 2708 of the Business
and Professions Code is amended to read:
2708. (a) The board shall appoint an executive officer who shall
perform the duties delegated by the board and who shall be
responsible to it for the accomplishment of those duties.
(b) The executive officer shall be a nurse currently licensed
under this chapter and shall possess other qualifications as
determined by the board.
(c) The executive officer shall not be a member of the board.
(d) Notwithstanding any other provision of law, the person serving
on December 31, 2011, as executive officer of the board shall serve
as an interim executive officer until the board appoints a permanent
executive officer. The board may appoint this interim executive
officer as the permanent executive officer.
(e)
(d) This section shall remain in effect only until
January 1, 2016, 2018, and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2016, 2018, deletes
or extends that date.
SEC. 3. Section 2718 is added to the
Business and Professions Code , to read:
2718. (a) (1) By February 1, 2016, the board shall contract with
the office to conduct a performance audit of the board's enforcement
program. The board shall reimburse the office for the cost of the
performance audit. The office shall report the results of the audit,
with any recommendations, to the Governor, the department, and the
appropriate policy committees of the Legislature by January 1, 2017.
(2) The performance audit shall include, but not be limited to, an
evaluation of all the following:
(A) The quality and consistency of, and compliance with, complaint
processing and investigation.
(B) The consistency and adequacy of the application of board
sanctions or discipline imposed on licensees.
(C) The accuracy and consistency in implementing the laws and
rules affecting discipline, including adherence to the Division of
Investigation Case Acceptance Guidelines (Consumer Protection
Enforcement Initiative Model), as revised July 1, 2014.
(D) The timeframes for completing complaint processing,
investigation, and resolution.
(E) Staff concerns regarding licensee disciplinary matters or
procedures.
(F) The appropriate utilization of licensed professionals to
investigate complaints.
(G) The adequacy of the board's cooperation with other state
agencies charged with enforcing related laws and regulations
regarding nurses.
(H) Any existing backlog, the reason for the backlog, and the
timeframe for eliminating the backlog.
(I) The adequacy of board staffing, training, and fiscal resources
to perform its enforcement functions.
(b) Board staff and management shall cooperate with the office and
shall provide the office with access to data, case files, employees,
and information as the office may, in its discretion, require for
the purposes of this section.
(c) For the purposes of this section, "office" means the
California State Auditor's Office.
SEC. 2. SEC. 4. Section 2736.5 of
the Business and Professions Code is repealed.
SEC. 3. SEC. 5. 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 shall 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. SEC. 6. 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 adopt
regulations by January 1, 2017, requiring schools to have a process
to evaluate and grant credit for military education and experience.
The regulations shall be adopted pursuant to the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code). The word
"credit," as used in the preceding sentence,
this subdivision, 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.