BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 466| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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) SB 466 Page 2 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 SB 466 Page 3 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. SB 466 Page 4 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 SB 466 Page 5 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 SB 466 Page 6 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). SB 466 Page 7 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 **** END ****