BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 539|
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THIRD READING
Bill No: SB 539
Author: Price (D)
Amended: 5/9/11
Vote: 21
SENATE BUS, PROF & ECON DEVELOP COMM : 9-0, 05/02/11
AYES: Price, Emmerson, Corbett, Correa, Hernandez, Negrete
McLeod, Vargas, Walters, Wyland
SENATE APPROPRIATIONS COMMITTEE : 9-0, 05/16/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
SUBJECT : Nursing
SOURCE : Author
DIGEST : This bill extends the sunset date of the Board
of Vocational Nursing and Psychiatric Technicians (BVNPT)
to January 1, 2016, and makes other changes.
ANALYSIS : Existing law:
1.Provides for the licensure and regulation of about
119,003 licensed vocation nurses (VNs) and 13,000
Psychiatric Technicians (PTs) by the BVNPT. This
provision will become inoperative on January 1, 2012.
2.Defines unprofessional conduct for VNs and PTs and
authorizes the BVNPT to suspend or revoke an individual's
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license for unprofessional conduct. Additionally,
determines the processes to be used to suspend or revoke
a license.
3.Requires any employer of a licensed vocational nurse or
PT to report the suspension or termination for cause, as
defined, of any VN or PT in its employ. Establishes
penalties for failure to report.
4.Establishes a process that the BVNPT must follow to
approve VN and PT vocational schools.
This bill:
1.Extends the sunset date of the BVNPT to continue to
regulate the VN and PT professions until January 1, 2016.
Provides for the review of the BVNPT by the appropriate
policy committees of the Legislature.
2.Replaces the terms "accredit" or "accreditation" with
"approve" or "approval" for purposes of VN and PT
programs.
3.Requires employers to also report "resignations for
cause," and "rejection from assignment" as defined by the
statute, in lieu of suspension or termination for cause
of VNs and PTs.
4.Requires an employment agency or nursing registry report
to the BVNPT the rejection from assignment of a licensed
VN or PT by a health facility or home health care
provider due to acts that would be cause for suspension
or termination.
5.Specifies that the term employer for purposes of
reporting also includes employment agencies and nursing
registries.
6.Makes other technical, non-substantive and conforming
changes.
Background
The BVNPT is responsible for regulating and enforcing the
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laws related to the practice of licensed vocational nurses
(LVNs) and psychiatric technicians (PTs) in California.
There are currently 119,033 LVNs and 13,299 PTs in
California, with over 8,000 licenses issued annually, and
more than 39,000 licenses renewed annually. The BVNPT also
accredits and approves 203 LVN and 16 PT programs. It
should be noted that the LVN and PT licensure programs are
completely distinct with their own statutes and
regulations, budget authority, curriculum requirements,
examinations, and staff. Additionally, the BVNPT serves as
a policy and decision maker in reinstatement hearings,
proposed disciplinary actions, accreditation of new
schools, school survey visits, follow up reports on
programs, examination development, contracts, budget
issues, legislation, and regulatory proposals. In order to
further this public protection mission, the BVNPT
establishes minimum examination and licensure requirements,
issues and renews licenses, establishes educational
standards for the accreditation of vocational nurse (VN)
and PT schools, adopts regulations to clarify education and
licensure, school accreditation, practice requirements, and
disciplinary standards for its licensees, enforces the
regulations governing the continued accreditation of VN and
PT schools in California, and takes appropriate
disciplinary action against incompetent or unsafe
licensees.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
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 annuallySpecial*
requirement
* Vocational Nursing and Psychiatric Technicians Fund and
Psychiatric Technician Account within the fund
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SUPPORT : (Verified 5/18/11)
Stanbridge College
JJA:nl 5/18/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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