BILL NUMBER: SB 1119 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 23, 2010
INTRODUCED BY Senator Wright
FEBRUARY 17, 2010
An act to amend Sections 1812.540, 1812.542, 1812.543, and
1812.544 of the Civil Code, relating to health care.
LEGISLATIVE COUNSEL'S DIGEST
SB 1119, as amended, Wright. Health care staffing.
The Employment Agency, Employment Counseling, and Job Listing
Services Act, the violation of which is a misdemeanor, regulates the
business of employment agencies, including nurses' registries, as
defined. Existing law requires an employment agency that refers
temporary licensed nursing staff, as defined, to an employer who is a
licensed long-term health care facility, as defined, to provide the
employer with (1) written verification that the person is in good
standing with the Board of Registered Nursing or Board of Vocational
Nursing and Psychiatric Technicians, as applicable, and has
successfully secured a criminal record clearance, (2) the individual'
s professional license and registration number and date of
expiration, (3) a statement that the person has had a health
examination, as specified, and (4) written verification that the
individual referred does not have any unresolved allegations against
him or her involving mistreatment, neglect, or abuse of a patient, as
specified. Existing law also requires these agencies to adopt
policies and procedures regarding prevention of resident or patient
abuse by temporary staff.
This bill would impose those requirements on an employment agency
that refers temporary licensed nursing staff to any health facility,
as defined. The bill would also make conforming changes.
Because this bill would establish additional requirements under
the act, the violation of which would be a misdemeanor, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law provides for the licensure and regulation of various
health care professionals, including physicians and surgeons
andnurses, by boards within the Department of Consumer Affairs.
Existing law defines and regulates locum tenens agencies that place
health care licensees with clients. Existing law also requires a
business that provides telephone medical advice services to be
registered with the Telephone Medical Advise Service Bureau within
the department.
This bill would specify findings and declarations of the
Legislature regarding the need for regulation of businesses that
provide medical staff to hospitals and other medical entities,
including travel health companies and nursing registries. The bill
would also declare the intent of the Legislature to enact legislation
to regulate these businesses.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1812.540 of the
Civil Code is amended to read:
1812.540. For purposes of this chapter, the following definitions
shall apply:
(a) "Direct care service" means the temporary assignment of
certified nurse assistants to render basic care services directed at
the safety, comfort, personal hygiene, or protection of a patient who
is a resident of a long-term health care facility.
(b) "Nursing service" means the temporary assignment of a licensed
registered nurse, licensed vocational nurse, or psychiatric
technician to render nursing and basic care services to a
patient who is a resident of a long-term one or more
patients at a health care facility.
(c) "Licensed nursing staff" means a licensed registered nurse,
licensed vocational nurse, or psychiatric technician.
(d) "Long-term health care facility" means a licensed facility, as
defined in Section 1418 of the Health and Safety Code.
(e) "Health facility" means a licensed facility, as defined in
Section 1250 of the Health and Safety Code.
SEC. 2. Section 1812.542 of the Civil
Code is amended to read:
1812.542. Every employment agency that refers temporary licensed
nursing staff to an employer who is a licensed long-term
health care facility shall provide the
employer with all of the following:
(a) Written verification that the individual is in good standing
with the Board of Registered Nursing or the Board of Vocational
Nursing and Psychiatric Technicians, as applicable, and has
successfully secured a criminal record clearance. The employment
agency shall provide to the employer the individual's professional
license and registration number and date of expiration.
(b) A statement that the licensed nursing staff person has had a
health examination within 90 days prior to employment with the
employment agency or seven days after employment with the employment
agency and at least annually thereafter by a person lawfully
authorized to perform that procedure. Each examination shall include
a medical history and physical evaluation. The employment agency
shall also provide verification that the individual has had
tuberculosis screening within 90 days prior to employment and
annually thereafter.
SEC. 3. Section 1812.543 of the Civil
Code is amended to read:
1812.543. (a) An employment agency that makes referrals of
licensed nursing staff for temporary employment in a health
facility, or certified nurse assistants for temporary
employment in a long-term health care facility shall adopt policies
and procedures regarding prevention of resident or patient abuse by
temporary staff.
(b) The employment agency shall provide written verification to
the long-term health care facility or health facility that
any certified nurse assistants or licensed nursing staff ,
respectively, referred by the agency do not have any
unresolved allegations against them involving the mistreatment,
neglect, or abuse of a patient, including injuries of unknown source
and misappropriation of resident property.
(c) No temporary staff person referred by an employment agency may
be solely responsible for a unit unless that person has received a
full orientation to the facility and the applicable unit for which he
or she is assigned.
(d) Upon the request of the State Department of Health Services,
an employment agency shall provide a list of temporary employees who
have been referred to a specified facility during the period in which
the facility is involved in a labor action.
(e) An employment agency shall require that any employee referred
to a long-term care health facility be
identified as a temporary staff person in the facility's daily
staffing levels required to be posted in accordance with the
standards set forth in Section 941 of Appendix F of Public Law
106-554 (42 U.S.C. Sec. 1395i-3(b)(8) and 42 U.S.C. Sec. 1395r(b)
(8)).
SEC. 4. Section 1812.544 of the Civil
Code is amended to read:
1812.544. (a) Every employment agency that makes referrals of
licensed nursing staff for temporary employment in a health
facility or certified nurse assistants for temporary employment
in a long-term health care facility shall maintain a record of all
advertisements, showing the date of publication and the publication
in which the advertisement appeared, for a period of one year from
the date of the advertisement.
(b) No employment agency that makes referrals for employment to a
long-term health care facility
shall, by its name, advertisement, or any other representation,
represent itself to be a home health agency, as defined by
subdivision (a) of Section 1727 of the Health and Safety Code, or to
perform the services of a home health agency. The employment agency
shall provide a written disclosure to each employer stating that it
does not perform the services of a home health agency and clearly
describing that it is an employment agency only.
(c) Any facility or individual may refer complaints concerning
employment agencies which place licensed nursing staff in health
facilities or certified nurse assistants in long-term health
care facilities to the appropriate licensing, certification,
ombudsman, adult protective services, or proper law enforcement
agency for action.
SEC. 5. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. The Legislature finds and declares
the following:
(a) California currently regulates businesses that provide
telephone medical advice services to a patient. However, California
does not regulate businesses that provide medical staff to hospitals
and other medical facilities.
(b) The temporary nurse staffing industry is estimated to range
from 3,000 to 6,000 agencies nationwide. Nearly 6 percent of
registered nurses in the United Sates are licensed in California.
Approximately 19,000 California licensed nurses work as temporary
nurses.
(c) In December 2009, the Los Angeles Times published an expose
revealing a wide range of agencies with varying, and in many cases
almost no, standards for determining the licensing, competency, and
background of nurses sent to health care facilities.
(d) It is in the public interest for patients and health care
institutions that temporary nurses meet minimum standards of
licensure and competency.
SEC. 2. It is the intent of the Legislature to
enact legislation providing for the licensure and regulation of
businesses that provide medical staff to hospitals and other medical
entities, including travel health companies and nursing registries,
in order to ensure that an applicant for a temporary position has the
basic skills, competency, licensure, and credentials necessary to
provide high-quality medical care to patients.