Bill Text: CA AB1165 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 1165 (Prior Session Legislation)

Introduced

Bill Title: Vocational nursing: secondary and post-secondary education.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1165 Detail]

Download: California-2015-AB1165-Introduced.html

BILL NUMBER: AB 1165	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ridley-Thomas

                        FEBRUARY 27, 2015

   An act to add Section 2880.5 to the Business and Professions Code,
relating to nursing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1165, as introduced, Ridley-Thomas. Vocational nursing:
secondary and post-secondary education.
   Existing law, the Vocational Nursing Practice Act, establishes the
Board of Vocational Nursing and Psychiatric Technicians and sets
forth the qualification requirements and duties of members of the
board. These duties include, protection of the public, the evaluation
of applicants for licensing as a vocational nurse, and the issuing
of licenses to practice as a vocational nurse. Existing law requires
the board to prepare and maintain a list of approved schools of
vocational nursing in the state.
   This bill would state that the board has the sole responsibility
to assess and recommend approval for schools of vocational nursing
and psychiatric technician education programs in the state. The bill
would require the board to enter into a memorandum of understanding
with the Bureau for Private Postsecondary Education to delineate the
powers of the board to review and approve schools of vocational
nursing and psychiatric technicians and the powers of the bureau to
protect the interest of students attending institutions governed by
the California Private Postsecondary Education Act of 2009. The bill
would subject all approved schools of vocational nursing to specified
fees for deposit into the Vocational Nursing and Psychiatric
Technicians Fund. The bill would specify that only a nursing school
approved by the board may accept applications to its vocational
nursing and psychiatric technician program and would make is unlawful
for anyone to conduct a school of vocational nursing and psychiatric
technicians unless the school has been approved by the board. The
bill would also deem it "unprofessional conduct" for a registered
nurse, vocational nurse, or psychiatric technician to violate or
attempt to violate, either directly or indirectly, or to assist or
abet the violation of these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2880.5 is added to the Business and Professions
Code, to read:
   2880.5.  (a) In support of the mission of the Board of Vocational
Nursing and Psychiatric Technicians on nursing education, the board
has the sole responsibility to assess and recommend approval for
schools of vocational nursing and psychiatric technician education
programs in the State of California as one several core functions.
   (b) The board shall select and approve secondary or post-secondary
schools of vocational nursing and psychiatric technicians.
   (c) The board shall have a memorandum of understanding with the
Bureau for Private Postsecondary Education to delineate the powers of
the board to review and approve schools of vocational nursing and
psychiatric technicians and the powers of the bureau to protect the
interest of students attending institutions governed by the
California Private Postsecondary Education Act of 2009, Chapter 8
(commencing with Section 94800) of Part 59 of Division 10 of Title 3
of the Education Code.
   (d) An institution of higher education or a private postsecondary
school of nursing approved by the board shall remit to the board for
deposit in the Vocational Nursing and Psychiatric Technicians Fund
the following fees, in accordance with the following schedule:
   (1) The fee for an initial approval of a school of vocational
nurses and psychiatric technicians shall be five thousand dollars
($5,000).
   (2) The fee for continuing approval of a school of vocational
nurses and psychiatric technicians established after January 1, 2016
shall be three thousand five hundred dollars ($3,500).
   (3) The processing fee for authorization of a substantive change
to an approval of a school of vocational nurses and psychiatric
technicians shall be five hundred dollars ($500).
   (e) If the board determines that the there is a surplus revenue
equal to two years of operating costs, and the annual cost of
providing oversight and review of a school of vocational nurses and
psychiatric technicians, as required by this article, is less than
the amount of any fees required to be paid by that institution
pursuant to this article, the board may decrease the fees applicable
to that institution to an amount that is proportional to the boards
cost association with that institution.
   (f) It is unlawful for anyone to conduct a school of vocational
nurses and psychiatric technicians unless the school has been
approved by the board.
   (g) If the board has reasonable belief, either by complaint or
otherwise, that a school is allowing students to apply for its
vocational nursing and psychiatric technician program and that the
program does not have the approval of the board, the board shall
immediately order the school to cease and desist from offering
students the ability to enroll in its nursing program. The board
shall also notify the Bureau for Private Postsecondary Education and
the Attorney General's office that the school is offering students
the ability to enroll in a nursing program that does not have the
approval of the board.
   (h) It shall be unprofessional conduct for any registered nurse,
vocational nurse or psychiatric technician to violate or attempt to
violate, either directly or indirectly, or to assist or abet the
violation of this section.