BILL ANALYSIS �
SB 539
Page 1
SENATE THIRD READING
SB 539 (Price)
As Amended June 9, 2011
Majority vote
SENATE VOTE :39-0
BUSINESS & PROFESSIONS 9-0 APPROPRIATIONS
17-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Harkey, |
| |Allen, Butler, Eng, | |Blumenfield, Bradford, |
| |Hagman, Hill, Ma, Smyth | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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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
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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.
FISCAL EFFECT : According to Assembly Appropriations Committee:
1)Minor, absorbable costs to the BVNPT to receive and review an
unknown number of additional reports of involuntary termination
of employment.
2)Approximately $14 million (special fund) annually in regulatory
costs will continue to be incurred as a result of extending the
sunset on the BVNPT. Under current law, the BVNPT's operations
would sunset on January 1, 2012.
COMMENTS : 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
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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 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.
Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916)
319-3301
FN: 0002209
SB 539
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