BILL ANALYSIS
SB 1119
Page 1
Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1119 (Wright) - As Amended: June 23, 2010
Policy Committee: HealthVote: 19-0
Business & Professions 6-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill requires employment agencies providing temporary
licensed nurse staffing in health facilities to have the same
reporting responsibilities related to suspensions and
terminations as required of employers under current law.
Specifically, this bill:
1)Addresses reporting about temporary registered nurses (RNs),
licensed vocational nurses (LVNs), and licensed psychiatric
technicians (LPTs).
2)Requires temporary employment agencies to provide health
facilities with a verification of a temporary staff member's
fitness to work.
3)Requires health facilities to send a copy of suspension and
termination reports to the pertinent employment agency.
4)Establishes civil penalties of up to $5,000 for each
employment agency violation and of up to $10,000 for a willful
violation of the requirements of this bill.
FISCAL EFFECT
Unknown fee-supported workload of less than $50,000 to the Board
of Registered Nursing and the Board of Vocational Nursing and
Psychiatric Technicians, combined, to comply with oversight of
increased reporting of license suspensions and terminations
established by this bill.
SB 1119
Page 2
COMMENTS
1)Rationale . This bill increases the oversight of professionals
affiliated with temporary nurse staffing agencies. According
to the author, temporary nursing professionals are being
relied upon with greater frequency, but the oversight of these
professionals is weaker than regulation provided by employers.
For example, an investigation by the Los Angeles Times in 2009
founds delays of several years for temporary agency
investigations of some nurse misconduct. This bill increases
the oversight of staff of nursing registries to be more
similar with the oversight provided by nursing employers.
2)Background . Nurse registries contract out the services of RNs,
LVNs, LPTs or certified nurse assistants (CNAs) to individual
patients and health facilities. Under current law, there is
little regulatory oversight of nurse registries in California,
except when nursing staff are referred to long-term health
care facilities.
In contrast, permanent employers of vocational nurses are
required to report to the Board any suspension or termination
related to the following: (1) use of controlled substances or
alcohol (2) sale of controlled substances or other
prescription drugs (3) patient or client abuse or neglect (4)
falsification of medical records (5) gross negligence or
incompetence and (6) theft from patients or clients, other
employees, or the employer.
3)Concerns . The California Nurses Association is opposed to this
bill. CNA indicates the bill uses a piecemeal, rather than
comprehensive, approach.
4)Related Legislation . AB 1643 (Negrete McLeod), Chapter 326,
Statutes of 2001 requires temporary nursing agencies referring
staff to long-term care facilities to verify the staff are
licensed and in good standing, have had required health
screenings, and have no pending allegations against them.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081