BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 539 (Price)
          
          Hearing Date: 5/16/2011         Amended: 5/9/2011
          Consultant: Bob Franzoia        Policy Vote: B,P&ED 9-0
          _________________________________________________________________
          ____
          BILL SUMMARY: SB 539 would extend, from January 1, 2012 to 
          January 1, 2016, operation of provisions establishing the Board 
          of Vocational Nursing and Psychiatric Technicians (board) and 
          specify the board would be subject to the evaluation by the 
          Joint Sunset Review Committee.  This bill would require an 
          applicant for a licensed vocational nurse (LVN) license or a 
          psychiatric technician's (PT) license to have successfully 
          completed specified courses of studies from a school approved by 
          the board.  This bill would also require an employer of a LVN or 
          PT to report to the board the resignation for cause of the LVN 
          or PT.
          _________________________________________________________________
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2011-12      2012-13       2013-14     Fund
           Sunset extension (board)          $6,950      $13,900   
          $13,900Special*                       - fully offset by program 
          revenue -                                               
          Employer reporting     Up to $49 annually               Special*
          requirement

          * Vocational Nursing and Psychiatric Technicians Fund and 
          Psychiatric Technician Account within the fund
          _________________________________________________________________
          ____

          STAFF COMMENTS: The board is responsible for regulating the 
          practice of LVNs and PTs in California.  There are currently 
          119,033 LVNs and 13,299 PTs in the state, with over 8,000 
          licenses issued annually, and more than 39,000 licenses renewed 
          annually.  
          
          Existing law requires that employers report to the board the 
          suspension or termination for cause of any LVN or PT.  This bill 
          requires employers also report resignations in lieu of 
          suspension or termination for cause submitted by LVNs and PTs.  








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          Many licensees are permitted to submit resignations in lieu of 
          suspension or termination from employment for gross negligence, 
          incompetence, and unsafe or deceitful acts.  As such, the 
          employer is not required to report these types of resignations.  
          When this occurs, the licensee is able to work for another 
          hospital, nursing or convalescent home, or other healthcare 
          facility because no negative employment history exists.  

          Existing law is unclear if employment agencies and registries 
          are required to report to the board a licensee who was rejected 
          from assignment at a health facility or home health care due to 
          acts which would normally be cause for suspension or 
          termination. By extending reporting to temporary nurse staffing 
          agencies that have their temporary staff rejected for cause, the 
          board will likely have more reports to review though the number 
          of reports is unknown.  The workload may be absorbable, but 
          could require up to one office technician to handle the 
          increase.