BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: SB 466 Hearing Date: April 27,
2015
-----------------------------------------------------------------
|Author: |Hill |
|----------+------------------------------------------------------|
|Version: |April 23, 2015 |
-----------------------------------------------------------------
----------------------------------------------------------------
|Urgency: |No |Fiscal: |Yes |
----------------------------------------------------------------
-----------------------------------------------------------------
|Consultant|Sarah Huchel |
|: | |
-----------------------------------------------------------------
Subject: Nursing: Board of Registered Nursing.
SUMMARY: Amends the Nursing Practice Act consistent with
recommendations from the Board of Registered Nursing's (BRN)
Sunset Review, including clarifying law related to crediting
experiential learning and requiring a monitor for the BRN's
enforcement program.
Existing law:
1)Establishes the BRN until January 1, 2016 to license and
regulate the practice of nursing. (Business and Professions
Code (BPC) § 2701)
2)Authorizes the BRN to appoint an executive officer who shall
perform the duties delegated by the BRN and who shall be
responsible to it for the accomplishment of those duties.
This authority expires on January 1, 2016. (BPC § 2708)
3)Authorizes the BRN to adopt, amend, or repeal such rules and
regulations as may be reasonably necessary to carry out the
Act. (BPC § 2715)
4)Requires the BRN to provide for methods of evaluating
education, training, and experience obtained in the armed
services. (BPC § 35)
5)Requires the BRN's rules and regulations to provide for
methods of evaluating education, training, and experience
SB 466 (Hill) Page 2
of ?
obtained in military service if such training is applicable to
the requirements of the particular profession or vocation
regulated by the board. (BPC § 710)
6)Requires, by July 1, 2015, the Chancellor of the California
Community Colleges, using common course descriptors and
pertinent standards of the American Council on Education, to
determine for which courses credit should be awarded for prior
military experience. (Education Code § 66025.7)
7)Requires the BRN to evaluate for registered nurse (RN)
licensure the training record submitted by any person who has
served on active duty in the medical corps of any of the Armed
Forces and 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, and whose service in the armed forces
has been under honorable conditions. (BPC § 2736.5)
8)Permits a person who has served on active duty in the medical
corps of any of the armed forces, in which no less than an
aggregate of 12 months was spent in rendering bedside patient
care, and who has completed the basic course of instruction in
nursing required by his or her particular branch of the armed
forces, and whose service in the armed forces has been under
honorable conditions, to sit for an licensed vocational nurse
(LVN) license exam. (BPC § 2873.5)
9)Establishes grounds for the denial of a license based on
certain factors, including:
a) Knowingly making a false statement of material fact, or
knowingly omitting to state a material fact, in an
application for a license.
b) Conviction of a crime.
c) Commission of any act involving dishonesty, fraud or
deceit with the intent to substantially benefit himself or
another, or substantially injure another.
d) Commission of any act which, if done by a licentiate of
the business or profession in question, would be grounds
for suspension or revocation of license.
SB 466 (Hill) Page 3
of ?
(BPC § 475)
10)Requires the BRN to 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 RN. The BRN's standards shall be designed
to require all schools to provide clinical instruction in all
phases of the educational process. (BPC § 2786 (c))
11)Requires the BRN to deny or revoke the application for
approval for any nursing school which does not give student
applicants credit in the field of nursing for previous
education and the opportunity to obtain credit for other
acquired knowledge by the use of challenge examinations or
other methods of evaluation. Requires the BRN to prescribe,
by regulation, the education for which credit is to be given
and the amount of credit which is to be given for each type of
education. The word "credit" is limited to credit for
licensure only, and the BRN is not authorized to prescribe the
credit which an approved school of nursing shall give toward
an academic certificate or degree. (BPC § 2786.6)
12)States that an approved nursing program shall have a process
for a student to obtain credit for previous education or for
other acquired knowledge in the field of nursing through
equivalence, challenge examinations, or other methods of
evaluation. The program shall make the information available
in published documents, such as college catalog or student
handbook, and online.
(16 California Code of Regulations (CCR) § 1430)
13)Permits the BRN to issue a license without examination to an
applicant who is licensed or registered as a nurse in a state,
district or territory of the United States or Canada having,
in the opinion of the BRN, requirements for licensing or
registration equal to or higher than those in California at
the time the application is filed with BRN, and the applicant
has passed an examination for the license or registration that
is, in BRN's opinion, comparable to BRN's examination, as
specified. (BPC § 2732.1 (b))
SB 466 (Hill) Page 4
of ?
14)Allows the BRN to grant a license to a RN applicant who has
successfully completed courses of instruction in a school or
nursing program outside of this state which, in the opinion of
the BRN at the time the application is filed, are equivalent
to the minimum requirements of the BRN for licensure
established for an accredited program in this state. (BPC §
2736 (a)(2))
This bill:
1)Deletes existing provisions of law that requires the BRN to
evaluate for RN licensure the training record submitted by any
person who has served on active duty in the medical corps of
any of the Armed Forces, and 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, and whose service
in the armed forces has been under honorable conditions.
2)Requires the BRN to prepare a report to the Legislature by
January 1, 2018 examining barriers to California licensure for
practitioners who cannot meet California licensure
requirements due to insufficient academic and/or clinical
preparation, but who are licensed and practicing in other
states.
3)Makes permissive, rather than mandatory, that the BRN develop
regulations designed to require all schools to provide
clinical instruction in all phases of the educational process.
4)Clarifies current law requiring the BRN to deny approval for
an RN school if the school does not give student applicants
credit for previous education and the opportunity to obtain
credit for other clinical and theoretical knowledge acquired
through prior experience.
5)Requires the BRN to 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.
6)Requires the BRN to review schools' policies and practice
SB 466 (Hill) Page 5
of ?
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.
7)Requires the BRN to post on its Web site information related
to the acceptance of military coursework and experience at
each approved school.
8)Requires the Director of the Department of Consumer Affairs
(DCA) to appoint an enforcement program monitor (EPM) to the
BRN no later than March 31, 2016.
9)Requires the EPM to monitor and evaluate the BRN's
disciplinary system and procedures for two years, with
specific concentration on:
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 CPEI
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, appropriate utilization of licensed
professionals to investigate complaints, the BRN's
cooperation with other governmental entities charged with
enforcing related laws and regulations regarding nurses.
10)Prohibits the EPM from exercising authority over the BRN's
discipline operations or staff. However, the BRN and its
staff shall cooperate with him or her, and the BRN shall
provide data, information, and case files as requested by the
EPM to perform all of his or her duties.
11)Requires the Director to assist the EPM in the performance of
his or her duties, and states that the EPM shall have the same
SB 466 (Hill) Page 6
of ?
investigative authority as the Director.
12)Requires the EPM to submit an initial written report of his
or her findings and conclusions to the BRN, the DCA, 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 EPM may also provide
additional information to either the DCA or the Legislature at
his or her discretion, or at the request of either the DCA or
the Legislature. The EPM shall make his or her reports
available to the public or the media and shall make every
effort to provide the BRN with an opportunity to reply to any
facts, findings, issues, or conclusions in his or her reports
with which the BRN may disagree.
13)Requires the BRN to pay for all of the costs associated with
EPM's employment.
FISCAL
EFFECT: Unknown. This bill has been keyed "fiscal" by
Legislative Counsel.
COMMENTS:
1)Purpose. This bill is sponsored by the Author . This bill is
one of five "sunset bills" the Author is sponsoring this
session. According to the Author, this bill will resolve
statutory interpretation concerns between the Senate Committee
on Business, Professions, and Economic Development and the
BRN, requires the appointment of an Enforcement Program
Monitor, and requires the BRN to prepare a report to the
Legislature examining barriers to California licensure for
practitioners who cannot meet California licensure
requirements but who are licensed and practicing in other
states.
2)Oversight Hearings and Sunset Review of Licensing Boards and
Programs.
In 2015, the Senate Business, Professions and Economic
Development Committee and the Assembly Business and
Professions Committee (Committees) conducted joint oversight
SB 466 (Hill) Page 7
of ?
hearings to review 12 regulatory entities: California
Accountancy Board; California Architects Board and Landscape
Architects Committee; California State Athletic Commission;
Board of Barbering and Cosmetology; Cemetery and Funeral
Bureau; Contractors State License Board; Dental Board of
California; Board for Professional Engineers, Land Surveyors
and Geologists; Board of Registered Nursing; Bureau of
Security and Investigative Services and; Board of Vocational
Nursing and Psychiatric Technicians.
The Committees began their review of the aforementioned
licensing agencies in March and conducted two days of Sunset
Review Oversight Hearings. This bill and the accompanying
sunset bills, are intended to implement legislative changes as
recommended by staff of the Committees and which are reflected
in the Background Papers prepared by Committee staff for each
agency and program reviewed by the Committees for this year.
3)Background. The BRN is a state governmental agency
established by law to protect the public by regulating the
practice of RNs. The BRN is responsible for implementation
and enforcement of the Nursing Practice Act: the laws related
to nursing education, licensure, practice, and discipline.
The Nursing Practice Act created a nine-member Board which
serves as the BRN decision-making body.
California first tasked the University of California, Board of
Regents with regulating nurses in 1905. The BRN's functional
predecessor, the Bureau of Registration of Nurses, was created
in 1913, becoming the current BRN in 1975. The Board had been
continuously in existence under various titles until December
31, 2011 when it was allowed to sunset. The sunset was the
culmination of a series of events stemming from a 2009
newspaper story critical of BRN's enforcement efforts, "When
Caregivers Harm: Problem Nurses Stay on the Job as Patients
Suffer." The investigative report charged that the BRN often
took years to act on complaints of egregious misconduct,
resulting in nurses with histories of drug abuse, negligence,
violence, and incompetence continuing to provide care. When
BRN did act, it often took more than three years to
investigate and discipline licensees.
In the wake of the Los Angeles Times revelations, the
Executive Officer (EO) of the BRN resigned and Governor
Schwarzenegger replaced four board members and appointed two
SB 466 (Hill) Page 8
of ?
long-time vacancies. The BRN's Supervising Nursing Education
Consultant, Louise Bailey, became the EO. To adequately
empower the BRN to make the needed changes, the Legislature
passed SB 538 (Price) in 2011. The bill authorized the BRN's
investigators to have the authority of peace officers in order
to more effectively provide enforcement, in addition to
extending the BRN's sunset and making a number of other
changes. Establishing peace officer status and the attendant
pension benefits was contrary to Governor Brown's pension
reform plans and he vetoed the bill, eliminating BRN at the
end of 2011.
The BRN became the Registered Nursing Program (Program) under
an interagency agreement with DCA that provided for the
continued administration of the Act "in an uninterrupted and
stable manner until legislation re-establishing the Board
takes effect." The Program allowed the BRN staff to continue
to operate administratively with Ms. Bailey directing
activities as the Registered Nursing Program Manager.
The Board was reconstituted on February 14, 2012 and declared
Ms. Bailey as the interim EO. She was voted unanimously as
the permanent EO on July 27, 2012.
The BRN did not get a quorum of board members, however, until
May 2012, and the first Board meeting was held on June 21,
2012. Because of this delay, numerous actions that required
Board input were backlogged. The BRN's member positions were
completely filled by February 2014.
4)Review of the BRN: Issues Identified and Recommended Changes.
The following are some of the major issues pertaining to the
BRN along with background information concerning the
particular issue. Recommendations were made by Committee
staff regarding the particular issue areas which need to be
addressed.
a) Issue: Consideration of Military Experience .
Background: The BRN is required by law to evaluate and
credit military experience and training towards RN
licensure. Until 2000, there were parallel training
requirements in the military and civilian worlds to qualify
for the RN license examination. The BRN adopted
SB 466 (Hill) Page 9
of ?
regulations in 1976 and 1985 that specifically identified
military titles and supplemental experience that would be
exhaustive of the BRN requirements. In 2000, the BRN
determined that the military coursework had changed and was
no longer directly transferrable. The BRN then updated the
regulations for evaluating military training to be broadly
descriptive, which made identifying any specific relevant
military coursework difficult. The BRN has not evaluated
military coursework since, although the Board reports they
were told by military representatives in 2010 that the
military does not have a directly comparable RN training
program.
The BRN has effectively delegated the duty of identifying
eligible military coursework to approved RN programs, for
which the BRN is required to approve the curriculum.
However, according to the EO of the BRN, the Board does not
know to what extent, if any, schools are providing credit
for military experience and education. The EO stated that
the BRN has never spoken to schools about accepting
military coursework and experience for credit, nor has the
BRN suggested which military coursework may be
transferrable. This raises a concern about compliance,
because those schools may not have sufficient incentives to
accept military credit because it would cause students to
spend less time and money (especially lucrative GI Bill
funding) on their programs.
In lieu of the BRN providing any direct assistance to
military applicants, the BRN directs applicants to the
Board of Vocational Nurses and Psychiatric Technicians
(BVNPT). The BVNPT has identified a direct pathway to
licensure as a vocational nurse from military service. If
a military applicant is lacking coursework, the BVNPT
identifies which courses they need to be eligible to sit
for the licensing exam. The BRN noted that after gaining
LVN licensure - credited in part to their military training
- the military applicant could take a LVN to RN "bridge"
program, which supplements the applicant's LVN training to
be eligible for the RN exam.
The BRN insists that they are helping military applicants
by rerouting them towards the LVN licensure so they can get
a job as soon as possible, but if a military applicant
SB 466 (Hill) Page 10
of ?
wants to become an RN directly, the BRN has little
information to give. The BRN does not have any information
regarding what additional coursework applicants may need
based on their military transcripts, about which schools
(if any) give credit to military education and experience,
and which schools give more credit to military coursework
than others.
The Senate Committee recommended that the BRN follow
current law and provide a comprehensive evaluation of
military credentials toward licensure, but the BRN declined
to do so in its April 13, 2015 response to the Background
Paper prepared by Committee staff. The BRN believes that
because there is no exact military classification that is
directly transferable to an RN license, it is not
responsible for evaluating any military training or
experience, and referral towards an LVN license is
sufficient. The BRN has even updated its website
instructing military applicants to either make an
appointment with an RN school for the school to evaluate
the applicant's credentials or seek a LVN license.
Recommendation and Proposed Statutory Change: The BRN
should provide a much more comprehensive evaluation of
veterans' experience for potential licensure including
evaluating prior military credentials and experience and
determining what coursework may be applicable.
This bill requires the Board to promulgate regulations to ensure
that schools have a process to evaluate and grant credit for
previous education and clinical and theoretical knowledge
acquired through military service, and requires the BRN to
review schools' policies and practices at least once every four
years to ensure consistency in evaluation and application across
schools. This bill also requires the BRN to post on its Web
site information related to the acceptance of military
coursework and experience at each approved school.
b) Issue: Experiential Learning .
Background: Current law states that the BRN shall require
approved schools to "give student applicants credit, in the
field of nursing, for previous education and the
opportunity to obtain credit for other acquired knowledge
SB 466 (Hill) Page 11
of ?
by the use of challenge examinations or other methods of
evaluation." This code section also directs the BRN to
develop regulations to determine "the amount of credit
which is to be given for each type of education,"
presumably accommodating education beyond the classroom.
However, the BRN promulgated regulations that delegated the
responsibility to determine credit to approved schools, and the
BRN states that they do not believe any schools grant credit or
allow testing to prove skills or knowledge based on prior
professional experience.
Recommendation and Proposed Statutory Change: The BRN should
develop guidelines for approved schools to credit experiential
knowledge and ensure that such guidelines are followed.
This bill requires the BRN to promulgate regulations requiring
schools to have a process to evaluate and grant credit for
previous education and clinical and theoretical knowledge
acquired through prior experience. This bill also requires the
BRN to review schools' policies and practices at least once
every four years to ensure consistency in evaluation and
application across schools.
c) Issue: Practicing Licensees Who are Not Eligible for
California Licensure .
Background: Current law requires candidates for California
RN licensure to meet exact California educational
requirements. While most candidates can meet this
requirement, there may be some who, due to training
acquired out of the country or otherwise, may not be
eligible for licensure even though they may be practicing
successfully in another state.
Recommendation and Proposed Statutory Change: The BRN should
work with the Legislature to determine minimum safety
requirements towards California licensure for graduates of
unapproved educational programs.
This bill requires the BRN to prepare a report to the
Legislature by January 1, 2018 examining barriers to California
licensure for practitioners who cannot meet California licensure
requirements due to insufficient academic and/or clinical
SB 466 (Hill) Page 12
of ?
preparation, but who are licensed and practicing in other
states.
d) Issue: Enforcement Concerns.
Background: Administrative Law Judges rely on the
Disciplinary Guidelines adopted by BRN when issuing
disciplinary orders for violations of the Nursing Practice
Act, but these guidelines have not been substantially
updated in
13 years. As a result of this, and enforcement staff's lack
of coordination and communication, stakeholders note a wide
range of disciplinary case outcomes.
BRN noted in its response to the background paper that it plans
to present revised guidelines at its June 2015 board meeting.
This is a positive step, but systemic problems still remain. It
has been reported that BRN advises enforcement case managers to
treat every discipline matter on a case-by-case basis, which,
while certain nuances are inevitable, the wide variation in
disciplinary decisions reported for seemingly similar offenses
is concerning. BRN's continuing overages in its AG allowance
also indicate an enforcement program in need of restructure.
Recommendation and Proposed Statutory Change: The BRN should
complete a review the Disciplinary Guidelines and submit the
revision to the Office of Administrative Law (OAL) by the end of
2015.
This bill will require the Director of DCA to appoint an EPM to
monitor and evaluate the BRN's disciplinary system and
procedures for two years, with specific concentration on:
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 CPEI complaint priority guidelines as described in the
memorandum dated August 31, 2009 by Brian J. Stiger
titled "Complaint Prioritization Guidelines for Health
SB 466 (Hill) Page 13
of ?
Care Agencies."
d) Staff concerns regarding disciplinary matters or
procedures, appropriate utilization of licensed
professionals to investigate complaints, the BRN's
cooperation with other governmental entities charged with
enforcing related laws and regulations regarding nurses.
5)Related Legislation This Year. SB 465 (Hill) extends the
operation of the Contractors' State License Board until 2020
and makes various changes to the Contractors' State License
Law. ( Status: The bill will also be considered by this
Committee at today's hearing.)
SB 467 (Hill) extends the operation of the California Board of
Accountancy until 2020 and makes changes to the DCA. ( Status:
The bill will also be considered by this Committee at today's
hearing.)
SB 468 (Hill) extends the operation of the Bureau of Security
and Investigative Services and the Alarm Company Act,
Locksmith Act, Private Investigator Act, Private Security
Services Act, Proprietary Security Services Act, and
Collateral Recovery Act until January 1, 2020. Subjects the
Bureau to review by the appropriate committees of the
Legislature and makes various changes to provisions in the
aforementioned Acts to improve the oversight, enforcement and
regulation by the Bureau of licensees under each Act.
( Status: The bill will also be considered by this Committee
at today's hearing.)
SB 469 (Hill) extends the operation of the California State
Athletic Commission until 2020. Makes changes to the laws
governing the Commission's operations and the Commission's
oversight of professional and amateur boxing, professional and
amateur kickboxing, all forms and combinations of full contact
martial arts contests, including mixed martial arts and
matches or exhibitions conducted, held or given in California.
( Status: The bill will also be considered by this Committee
at today's hearing.)
AB 177 (Bonilla) extends the operation of the Board for
Professional Engineers, Land Surveyors and Geologists and
California Architects Board and Landscape Architects Committee
SB 466 (Hill) Page 14
of ?
until January 1, 2020. ( Status: The bill is pending in the
Assembly Committee on Business and Professions.)
AB 178 (Bonilla) extends the operation of the Board of
Vocational Nursing and Psychiatric Technicians until January
1, 2020. ( Status: The bill is pending in the Assembly
Committee on Business and Professions.)
AB 179 (Assembly Committee on Business and Professions) extends
the operation of the Dental Board of California until January
1, 2020. ( Status: The bill is pending in the Assembly
Committee on Business and Professions.)
AB 180 (Assembly Committee on Business and Professions) extends
the operation of the Cemetery and Funeral Bureau until January
1, 2020. ( Status: The bill is pending in the Assembly
Committee on Business and Professions.)
AB 181 (Assembly Committee on Business and Professions) extends
the operation of the Board of Barbering and Cosmetology until
January 1, 2020. ( Status: The bill is pending in the
Assembly Committee on Business and Professions.)
AB 1306 (Burke) requires the BRN to create and appoint a
Nurse-Midwifery Advisory Council consisting of certified
nurse-midwives in good standing with experience in hospital
and nonhospital practice settings, a nurse-midwife educator
who has demonstrated familiarity with consumer needs,
collegial practice and accompanied liability, and related
educational standards in the delivery of maternal-child health
care, and a consumer of midwifery care. The Council shall
make recommendations to the BRN on all matters related to
nurse-midwifery practice, education, and other matters as
specified by the board. The Council shall meet regularly, but
at least twice a year. ( Status : This bill is scheduled to be
heard in the Assembly Business and Professions Committee on
April 28, 2015.)
6)Prior Related Legislation. AB 705 (Blumenfeld, 2013) required
the BRN to promulgate regulations that identify the military
education, training, and experience that is equivalent or
transferable to coursework required for licensure as a
registered nurse (RN) and, upon receipt of an applicant's
record of education, training, and experience completed in the
SB 466 (Hill) Page 15
of ?
Armed Forces, provide the applicant with a list of coursework,
if any, that the applicant must complete for license
eligibility. ( Status: this bill was held in Assembly
Appropriations Committee.)
AB 2183 (Bocanegra, 2013) required the BRN to adopt specific
criteria, with a primary emphasis on applicants who possess
licensed clinical experience, for determining the equivalency
of course instruction when assessing the qualifications of a
RN applicant who is already licensed or registered as a nurse
outside of this state and who is filing for licensure by
endorsement. ( Status : This bill was held in Assembly
Appropriations Committee.)
SB 26 (Figueroa, Chapter 615, Statutes of 2001) required an
enforcement monitor be placed in the Dental Board of
California for a period of two years.
7)Proposed Author's Amendments. The Author is proposing the
following to address stakeholder concerns :
a) Delete Section 2 of the bill requiring the Board to
prepare a report 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.
On page 6, strike lines 36 through 40.
On page 7, strike lines 1 through 4.
34 SEC. 2. Section 2736.7 is added to the Business and
Professions
line 35 Code, to read:
line 36 2736.7. (a) The board shall, by January 1, 2018,
prepare a
line 37 report to be submitted to the Legislature examining
barriers to
line 38 California licensure for practitioners who cannot
meet California
line 39 licensure requirements due to insufficient academic
or clinical
line 40 preparation, but who are licensed and practicing in
SB 466 (Hill) Page 16
of ?
other states.
line 1 (b) The report required by this section shall be
submitted in
line 2 compliance with Section 9795 of the Government Code.
line 3 (c) Pursuant to Section 10231.5 of the Government
Code, this
line 4 section is repealed on January 1, 2022.
b) Delete Section 4 of the bill relating to requiring
schools to provide credit for "other acquired knowledge"
and revert to existing law.
On page 8, strike lines 6 through 38.
On page 9, strike lines 1 and 2.
SEC. 4. Section 2786.6 of the Business and Professions Code
line 7 is amended to read:
line 8 2786.6. (a) The board shall deny the application for
approval
line 9 made by, and shall revoke the approval given to, any
school of
line 10 nursing that either:
line 11 (1) Does not give to student applicants credit, in
the field of
line 12 nursing, for previous education and the opportunity
to obtain credit
line 13 for other clinical and theoretical knowledge
acquired through prior
line 14 experience by the use of challenge examinations or
other methods
line 15 of evaluation.
line 16 (2) Is operated by a community college and
discriminates against
line 17 an applicant for admission to a school solely on
the grounds that
line 18 the applicant is seeking to fulfill the units of
nursing required by
line 19 Section 2736.6.
line 20 (b) The board shall prescribe, by regulation, the
education for
line 21 which credit is to be given and the amount of
SB 466 (Hill) Page 17
of ?
credit that is to be
line 22 given for each type of education, including
clinical and theoretical
line 23 knowledge acquired through prior experience.
promulgate
line 24 regulations by January 1, 2017, requiring schools
to have a process
line 25 to evaluate and grant credit for previous education
and clinical
line 26 and theoretical knowledge acquired through prior
experience,
line 27 including that gained from military service. The
word "credit," as
line 28 used in the preceding sentence, is limited to
credit for licensure
line 29 only. The board is not authorized to prescribe the
credit that an
line 30 approved school of nursing shall give toward an
academic
line 31 certificate or degree. The board shall promulgate
regulations
line 32 detailing acceptable evaluation criteria for
clinical and theoretical
line 33 knowledge acquired through prior experience by
January 1, 2017.
line 34 (c) The board shall review a school's policies and
practices
line 35 regarding granting credit for previous education
and clinical and
line 36 theoretical knowledge acquired through prior
experience at least
line 37 once every four years to ensure consistency in
evaluation and
line 38 application across schools. The board shall post on
its Internet
line 1 Web site information related to the acceptance of
military
line 2 coursework and experience at each approved school.
c) Strike BPC § 2736.5 of current law relating to
evaluating military credit and replace with language to
better describe necessary steps the Board should take to
reflect military experience and education.
SB 466 (Hill) Page 18
of ?
On page 8, after "nursing" in line 4, insert " SEC. 4
Business and Professions Code Section 2736.5 is repealed.
SEC 5. Section 2736.5 is added to the Business and
Professions Code to read:
(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; or, evaluation.
(b) The board shall promulgate regulations requiring
schools to have a process to evaluate and grant credit for
military education and experience, by January 1, 2017. 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 which that an approved
school of nursing shall give toward an academic certificate
or degree.
(c) The board shall review schools' policies and practice
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 Web site information related to
the acceptance of military coursework and experience at
each approved school. "
SUPPORT AND OPPOSITION:
Support: None on file as of April 21, 2015
Opposition: None on file as of April 21, 2015
-- END --
SB 466 (Hill) Page 19
of ?