Bill Text: CA AB1722 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1722

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Pupil health: credentialed school nurses, registered nurses, and licensed vocational nurses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2023-10-13 - Chaptered by Secretary of State - Chapter 853, Statutes of 2023. [AB1722 Detail]

Download: California-2023-AB1722-Amended.html

Amended IN Assembly May 18, 2023

Amended IN Assembly March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1722

Introduced by Assembly Member Megan Dahle

February 17, 2023

An act to amend Section 49452 of, and to add and repeal Section 49426.5 ~~to,~~ of, the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL'S DIGEST

AB 1722, as amended, Megan Dahle. Pupil health: credentialed school nurses, registered nurses, and licensed vocational nurses.

(1) Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils, and authorizes the governing board of a school district to employ properly certified persons for that work. Existing law authorizes a school nurse, subject to approval by the governing board of the school district, to perform various pupil health care services. Existing law requires a school nurse to be currently licensed as a registered nurse, as provided, and to have met the minimum requirements for a credential in school nursing, as specified.

This bill would require a licensed vocational nurse, as defined, hired pursuant to this bill to be supervised by a credentialed school nurse, as defined, who is employed as a school nurse at the same local educational agency (LEA) or at another LEA. The bill would prohibit interpreting that provision to allow a licensed vocational nurse to go beyond the approved scope of practice pursuant to the Vocational Nursing Practice Act. The bill would require certain LEAs to enter into a written agreement containing specified information, including, among other information, a communication policy delineating how the licensed vocational nurse and the credentialed school nurse are to communicate, as provided. The bill would require an LEA to only hire a licensed vocational nurse if a diligent search has been conducted for a suitable credentialed school nurse each school year, as provided.

The bill would, if a local educational agency uses its authority pursuant to the above-mentioned provisions, require the local educational agency to report its use of that authority to the State Department of Education. The bill would require the department to, on or before January 1, 2028, submit a report to the Legislature containing a list of the local educational agencies that have used that authority, as provided. The bill would repeal the above-mentioned provisions on January 1, 2029.

(2) Existing law requires the governing board of a school district to provide for the adequate testing of the sight and hearing of each pupil enrolled in the schools of the school district to be given only by specified persons, including, among others, certificated employees of the school district or of the county superintendent of schools who possess the qualifications prescribed by the Commission for Teacher Preparation and Licensing.

This bill would expand that described authorization to allow those tests to be additionally given by certificated employees, registered nurses, or licensed vocational nurses, under the supervision of a credentialed school nurse, of the school district, charter school, or the county superintendent of schools who possess the qualifications prescribed by the Commission on Teacher Credentialing.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 49426.5 is added to the Education Code, to read:

49426.5.

(a) A licensed vocational nurse hired pursuant to this section shall be supervised by a credentialed school nurse who is employed as a school nurse at the same local educational agency or at another local educational agency.

(b) (1) If a local educational agency elects to hire a licensed vocational nurse to be supervised by a credentialed school nurse employed by another local educational agency, both local educational agencies shall enter into a written agreement containing all of the following:

(A) The duties of the credentialed school nurse and the licensed vocational nurse.

(B) A communication policy delineating how the licensed vocational nurse and the credentialed school nurse are to communicate.

(D) The financial arrangement between the local educational agencies.

(E) The additional compensation for the credentialed school nurse to act as a supervisor.

(2) A local educational agency is only authorized to hire a licensed vocational nurse pursuant to this subdivision if a written agreement with another local educational agency is in place.

(c) A local educational agency shall only hire a licensed vocational nurse pursuant to this section if a diligent search has been conducted for a suitable credentialed school nurse each school year. A diligent search shall include, but is not limited to, distributing job announcements, contacting college and university placement centers, and advertising in print or electronic media. Copies of all recruitment efforts shall be retained by the employing agency.

(d) Subdivision (a) shall not be interpreted to allow a licensed vocational nurse to go beyond the approved scope of practice pursuant to the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code).

(e) County offices of education are encouraged to establish networks of credentialed school nurses for employment by local educational agencies that are not able to hire a credentialed school nurse. County offices of education are encouraged to provide mentoring opportunities for licensed vocational nurses.

(f) A local educational agency employing a credentialed school nurse who is supervising a licensed vocational nurse at another local educational agency pursuant to this section shall have indemnification for the supervisorial liability from the local educational agency employing the licensed vocational nurse.

(g) If a local educational agency uses its authority pursuant to this section, the local educational agency shall report its use of that authority to the department.
(h) (1) On or before January 1, 2028, the department shall submit a report to the Legislature containing a list of the local educational agencies that have used their authority pursuant to this section.
(2) The report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
~~(g)~~

(i) As used in this section, the following terms have the following meanings:

(1) “Credentialed school nurse” means qualified persons who possess an appropriate credential issued pursuant to Section 44267.5.

(2) “Licensed vocational nurse” means a person licensed pursuant to the provisions of Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code.

(3) “Local educational agency” means a school district, county office of education, or charter school.

(j) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC. 2.

Section 49452 of the Education Code is amended to read:

49452.

(a) The governing board of a school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in the schools of the school district.

(b) The test shall be adequate in nature and shall be given only by any of the following:

(1) By duly qualified supervisors of health employed by the school district.

(2) By certificated employees, registered nurses, or licensed vocational nurses, under the supervision of a credentialed school nurse, of the school district, charter school, or the county superintendent of schools who possess the qualifications prescribed by the Commission on Teacher Credentialing.

(3) By contract with an agency duly authorized to perform those services by the county superintendent of schools of the county in which the school district is located, under guidelines established by the state board.

(4) By accredited schools or colleges of optometry, osteopathic medicine, or medicine.

(c) The records of the tests shall serve as evidence of the need of the pupils for the educational facilities provided physically handicapped individuals. The equipment necessary to conduct the tests may be purchased or rented by governing boards of school districts. The state, any agency, or political subdivision thereof may sell or rent such equipment owned by it to the governing board of a school district upon terms as may be mutually agreeable.

(d) As used in this section, the following definitions apply:

(1) “Credentialed school nurse” means qualified persons who possess an appropriate credential issued pursuant to Section 44267.5.

(2) “Licensed vocational nurse” means a person licensed pursuant to the provisions of Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code.