BILL ANALYSIS �
SB 538
Page 1
SENATE THIRD READING
SB 538 (Price)
As Amended August 15, 2011
Majority vote
SENATE VOTE :31-5
BUSINESS & PROFESSIONS 8-0
APPROPRIATIONS 12-5
-----------------------------------------------------------------
|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Blumenfield, |
| |Allen, Butler, Eng, Hill, | |Bradford, Charles |
| |Ma, Smyth | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
-----------------------------------------------------------------
SUMMARY : Extends the sunset date of the Board of Registered
Nursing (BRN) and makes a number of changes to the BRN's
authority and operations, and to the Nursing Practice Act (NPA).
Specifically, this bill :
1)Amends the Business and Professions Code to provide that
designated investigators of the BRN have the authority of
peace officers, as specified, and to authorize the BRN to
employ individuals who are not peace officers to provide
investigative services.
2)Extends the operating date of the BRN and its authority to
appoint an executive officer to January 1, 2016, and subjects
the BRN to review by the appropriate policy committees of the
Legislature.
3)Requires the BRN to hold its meetings in northern and southern
California.
4)Provides that an approved school of nursing, or an approved
nursing program, is one that has been approved by the BRN,
gives the course of instruction approved by the BRN, covering
SB 538
Page 2
not less than two academic years, is affiliated or conducted
in connection with one or more hospitals, and is an
institution of higher education.
5)Redefines "institution of higher education" to include, but
not be limited to, community colleges offering an associate of
arts or associate of science degree and private postsecondary
institutions offering an associate of arts, associate of
science, or baccalaureate degree or an entry-level master's
degree and not subject to the California Private Postsecondary
Education Act (PPE Act).
6)Requires a school of nursing that is not an institution of
higher education or that is affiliated with an institution of
higher education as required by the BRN, and that is subject
to the PPE Act, to be approved by the BRN to grant an
associate of arts or associate of science degree to
individuals who graduate from the school of nursing or to
grant a baccalaureate degree in nursing with successful
completion of an additional course of study as approved by the
BRN and the institution involved.
7)Provides that, if an institution of higher education, an
affiliated institution, or an institution subject to the PPE
Act applies for approval of a new school of nursing, the
school of nursing shall be required to be recognized or
approved by an accrediting agency recognized by the United
States Department of Education.
8)Specifies that the BRN's educational standards for licensure
shall be designed to require, rather than encourage, all
schools to provide clinical instruction in all phases of the
educational process.
9)Requires all private postsecondary schools of nursing approve
by the BRN to comply with, and be subject to, requirements set
forth in the PPE Act, as specified.
10)Provides that a BRN-approved institution of higher education
or private postsecondary school of nursing shall remit fees
for deposit into the BRN Fund, as follows:
a) A fee of $5,000 for approval of a school of nursing;
SB 538
Page 3
b) A fee of $3,500 for continuing approval of a new nursing
program; and,
c) A fee of $500 for processing authorization of a
substantive change to an approval of a school of nursing.
11)Specifies that, if BRN determines that the annual cost of
providing oversight and review of a school of nursing as
required by this bill is less than the amount of any fees
required to be paid by that institution, the BRN may decrease
the fees applicable to that institution to an amount that is
proportional to the BRN's costs.
12)Requires the BRN to order a school to cease and desist from
offering students the ability to enroll if the BRN has a
reasonable belief that the school is allowing students to
apply for a nursing program that has not been approved by the
BRN. The BRN must also notify the Attorney General's (AG)
office that the school is offering students the ability to
enroll in a nursing program that does not have BRN approval.
13)Provides that it is unprofessional conduct for any registered
nurse (RN) to violate, attempt to violate, or assist or abet
the violation of 12) above.
14)Amends the Penal Code to provide that persons employed by the
BRN are peace officers if designated as such by the Director
of the Department of Consumer Affairs (DCA).
FISCAL EFFECT : According to Assembly Appropriations Committee:
1)Approximately $30 million (BRN Fund) annually in regulatory
costs will continue to be incurred as a result of a provision
extending the sunset on the BRN.
2)Increased one-time revenues to the BRN Fund in the range of
$50,000 associated with approval of an estimated 10 new
nursing programs. In addition, increased annual revenues of
approximately $35,000 to the BRN Fund for ongoing approval of
these programs. The BRN Fund is continuously appropriated.
3)Increased staff costs to the Department of Justice of $250,000
(BRN Fund) for one additional Deputy Attorney General to
SB 538
Page 4
handle the investigation and prosecution of unapproved schools
of nursing. These costs are difficult to estimate and can
vary greatly, depending upon the number and complexity of
cases.
COMMENTS : According to the author, "The primary purpose of
this measure is to extend the sunset date of the BRN to January
1, 2016?The Author and the BRN (also) believe that the following
changes will provide improvements to the BRN's nursing school
approval process: (1) Grant complete authority over the
approval of nursing schools rather than requiring a duplicative
process under BPPE and to offset costs of the BRN in approving
and regulating nursing schools; (2) Provide the BRN with the
ability to issue a cease and desist order to a school of nursing
which has not been approved by the BRN and to inform the AG of a
school which continues to operate illegally; (3) Provide for an
accreditation requirement for the educational institutions which
provide nursing school programs.
"The measure will also make some other clarifying and technical
changes regarding the nursing school approval process and to
meetings of the BRN. Finally, this measure will grant the BRN
authority to hire their own in-house investigators and to have
some of those investigators designated as peace officers so they
do not have to depend on the Division of Investigation of DCA
under all circumstances in investigating complaints."
Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916)
319-3301
FN: 0002207