BILL ANALYSIS �
SB 539
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Date of Hearing: June 28, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 539 (Price) - As Amended: June 9, 2011
SENATE VOTE : 39-0
SUBJECT : Nursing
SUMMARY : Extends the sunset date of the Board of Vocational
Nursing and Psychiatric Technicians (BVNPT), expands
requirements for employers of licensed vocation nurses (LVNs)
and psychiatric technicians (PTs) to report specified
information to the BVNPT, and makes other changes.
Specifically, this bill :
1)Extends until January 1, 2016, the sunset date of the BVNPT
and statutes pertaining to the BVNPT's executive officer, and
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 vocational nursing
(VN) and PT schools and educational programs.
3)Requires employers to report resignations for cause of LVNs
and PTs, as specified, to the BVNPT.
4)Requires employment agencies and nursing registries to report
to the BVNPT the rejection from assignment of a LVN or PT by a
health facility or home health care provider due to acts that
would be cause for suspension or termination, as specified.
5)Provides that the term "employer," for purposes of specified
reporting to the BVNPT, also includes employment agencies and
nursing registries.
6)Requires the BVNPT to inspect or review all schools of VN and
PT for purposes of approval or determining compliance with
prescribed standards.
7)Makes other technical, non-substantive and conforming changes.
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EXISTING LAW
1)Provides for the licensure and regulation of LVNs and PTs by
the BVNPT, until January 1, 2012.
2)Defines unprofessional conduct for LVNs and PTs and authorizes
the BVNPT to suspend or revoke an individual's license for
unprofessional conduct.
3)Requires any employer of a LVN or PT to report the suspension
or termination for cause of any employed LVN or PT for any of
the following reasons:
a) Use of controlled substances or alcohol to the extent
that it impairs the licensee's ability to safely practice;
b) Unlawful sale of controlled substances or other
prescription items;
c) Patient or client abuse, neglect, physical harm, or
sexual contact with a patient or client;
d) Falsification of medical records;
e) Gross negligence or incompetence; or,
f) Theft from patients or clients, other employees, or the
employer.
4)Specifies that failure of an employer to make a report as
required by 3), above, is punishable by an administrative fine
of up to $10,000 per violation.
5)Requires the BVNPT to inspect all schools of VN and PT for
purposes of approval or determining compliance with prescribed
standards.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "SB 539
makes necessary statutory changes to the Business and
Professions Code to reflect findings from the Senate Committee
on Business and Professions' recent Sunset Review Hearings."
SB 539
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Background . The BVNPT regulates, and enforces the laws related
to, the practice of LVNs and PTs in California. There are about
119,000 LVNs and 13,300 PTs in the state. The BVNPT also
accredits and approves VN and PT schools and educational
programs. This bill includes a number of provisions to continue
or enhance the BVNPT's mission to protect the public.
The BVNPT is scheduled to sunset on January 1, 2012. This bill
extends the sunset date of the BVNPT until January 1, 2016.
Current law states that an accredited school of vocational
nursing is one that has been approved by the BVNPT. The use of
the term "accredited" to refer to BVNPT program approval can
cause confusion, given the general application of that term to
educational institutions. In California there may be schools
not accredited by a national accrediting body that receive BVNPT
accreditation (approval) for programs offered. Similarly,
there may be schools approved by the Board of Private
Postsecondary Education, but whose VN or PT program may not
receive BVNPT accreditation. Students may not understand the
difference between accreditation in the traditional, educational
sense of the word and application of the term to BVNPT approved
schools. Unaccredited schools offering programs accredited by
BVNPT may advertise or promote their "accreditation," misleading
students and potentially leaving them at a serious disadvantage
if they are not able to successfully transfer academic credits.
Potential participants in VN or PT training programs are
required to answer whether they graduated from an accredited
school on their licensing exam. Students may not know if a
school is accredited, even if it operates a BVNPT accredited VN
or PT training program. This bill clears up this confusion by
replacing the terms "accredit" or "accreditation" with "approve"
or "approval" for purposes of VN and PT schools and educational
programs.
Current law requires that employers of LVNs and PTs report to
the BVNPT the suspension or termination for cause of employed
LVNs or PTs. According to the BVNPT, many licensees are
permitted to submit resignations in lieu of suspension or
termination from employment. Employers are not required to
report these types of resignations. When this occurs, the
licensee is able to work for an unsuspecting hospital, nursing
or convalescent home, or other healthcare facility because no
negative employment history exists. Frequently, the licensees
SB 539
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continue to commit similar acts of misconduct, which jeopardizes
consumer protection. This bill adds resignations for cause to
the list of employee status actions that employers must report
to the BVNPT.
The BVNPT indicates that existing law is unclear if employment
agencies and registries are required to report to the BVNPT a
licensee who was rejected from assignment at a health facility
or for home health care due to acts that would normally be cause
for suspension or termination. BVNPT points out that it is
necessary to require employment agencies and registries to
report licensees who are "rejected" for cause as well as
suspended, terminated or resigned in lieu of suspension or
termination for cause. This bill requires employment agencies
and nursing registries to report to the BVNPT the rejection from
assignment of a LVN or PT by a health facility or home health
care provider due to acts that would be cause for suspension or
termination. This bill also provides that the term "employer,"
for purposes reporting to the BVNPT, also includes employment
agencies and nursing registries.
Support . The BVNPT writes, "Enactment of this important
legislation will ensure that the Board can continue its vital
work of protecting the consumers of California from incompetent
and/or unethical licensed vocational nurses or psychiatric
technicians."
Related Legislation . SB 538 (Price) makes a number of changes
to the Nursing Practice Act. This bill is pending in Assembly
Business, Professions and Consumer Protection Committee.
SB 540 (Price) extends the sunset date of the Dental Board of
California and makes a number of other programmatic changes.
This bill is pending in Assembly Business, Professions and
Consumer Protection Committee.
SB 541 (Price) authorizes the boards and bureaus within the
Department of Consumer Affairs, as well as the State Board of
Chiropractic Examiners and the Osteopathic Medical Board, to
continue to utilize expert consultants without having to go
through the formal contracting process. This bill is pending in
Assembly Business, Professions and Consumer Protection
Committee.
SB 543 (Price) extends the sunset date of the California
SB 539
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Architects Board, Contractors State License Board, Landscape
Architects Technical Committee, Board for Professional
Engineers, Land Surveyors, and Geologists, State Board of Guide
Dogs for the Blind, and the State Athletic Commission, and makes
programmatic and administrative changes to some of the boards,
committees and commissions whose operation is being extended.
This bill is pending in Assembly Business, Professions and
Consumer Protection Committee.
SB 706 (Price) makes numerous enforcement enhancements to the
Department of Real Estate and the Office of Real Estate
Appraisers; requires licensing boards to post information about
licensees on the Internet, as specified; and, makes updating and
conforming changes. This bill is pending in Assembly Business,
Professions and Consumer Protection Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Board of Vocational Nursing and Psychiatric Technicians
Stanbridge College
Opposition
None on file.
Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916)
319-3301