BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 466|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 466
          Author:   Hill (D)
          Amended:  4/30/15  
          Vote:     21  

           SENATE BUS, PROF. & ECON. DEV. COMMITTEE:  9-0, 4/27/15
           AYES:  Hill, Bates, Berryhill, Block, Galgiani, Hernandez,  
            Jackson, Mendoza, Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Nursing: Board of Registered Nursing


          SOURCE:    Author


          DIGEST:  This bill mandates the hiring of an enforcement program  
          monitor (EPM) to oversee the Board of Registered Nursing's (BRN)  
          enforcement program for two years and requires approved nursing  
          schools to have a process to evaluate and grant credit for  
          military education and experience. 


          ANALYSIS:   


          Existing law:

           1) Establishes the BRN until January 1, 2016, to license and  
             regulate the practice of nursing. (Business and Professions  
             Code (BPC) § 2701)








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           2) Requires the BRN's rules and regulations to provide for  
             methods of evaluating education, training, and experience  
             obtained in military service if such training is applicable  
             to the requirements of the particular profession or vocation  
             regulated by the board. (BPC § 710)

           3) 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) 

           4) 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)) 

           5) 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) 


           6) 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  







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             in published documents, such as college catalog or student  
             handbook, and online. 
           (16 California Code of Regulations § 1430) 

          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) 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. 

           3) Requires the BRN to deny the application for approval made  
             by, and 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.

           4) Requires the BRN to promulgate regulations by January 1,  
             2017, requiring schools to have a process to evaluate and  
             grant credit for military education and experience. 

           5) States that "credit," as used in this bill, is limited to  
             credit for licensure only. The BRN is not authorized to  
             prescribe the credit that an approved school of nursing shall  
             give toward an academic certificate or degree.

           6) Requires the BRN to 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. 

           7) Requires the BRN to post on its Internet Web site  
             information related to the acceptance of military coursework  
             and experience at each approved school.








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           8) Requires the Director of the Department of Consumer Affairs  
             (DCA) to appoint an 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 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, 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 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  







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             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.

          Background

          BRN's sunset review.  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.  The Senate Committee on Business,  
          Professions and Economic Development and the Assembly Business  
          and Professions Committee conducted a sunset review of the BRN  
          in March 2015 and identified 22 issues.  This bill directs  
          changes for two areas of concern.  

          Consideration of military experience.  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.  In 2000, the BRN determined that  
          the military coursework had changed and was no longer directly  
          transferrable.  The BRN has not evaluated military coursework  
          since.  
           
          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 BRN 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  







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          Bill funding) on their programs. 

          This bill requires the BRN 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 five  
          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.    

          Enforcement program concerns.  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 Attorney  
          General allowance also indicate an enforcement program in need  
          of restructure.  

          This bill requires the Director of the Department of Consumer  
          Affairs to hire an EPM to evaluate the BRN's enforcement program  
          and procedures for two years.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee:

           One-time costs of about $350,000 over three years, to contract  
            for an enforcement program monitor (Board of Registered  
            Nursing Fund).








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           Ongoing costs of about $400,000 per year for evaluations of  
            educational standards (Board of Registered Nursing Fund). 

          SUPPORT:   (Verified  5/28/15)

          None received


          OPPOSITION:   (Verified5/28/15)


          California State Council of the Service Employees International  
            Union (SEIU California)


          ARGUMENTS IN OPPOSITION:     SEIU California writes, "The BRN  
          was allowed to sunset in 2011 when Governor Brown vetoed the  
          sunset extension bill passed by the legislature, as it was in  
          conflict with his pension reform plans.  It was finally  
          reconstituted in 2012, and has been in operation since, with the  
          Board fully appointed as of February 2014.  This bill fails to  
          propose extending the Board beyond its sunset at the end of  
          2015.  No policy justification is given for this decision.  SEIU  
          believes strongly that it is in the interests of public safety,  
          and protecting the practice of nursing through licensure,  
          education standards, and enforcement to continue the Board  
          through to 2020, as is proposed with the other Boards up for  
          review in 2015."

          Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104
          5/30/15 17:55:11


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