Bill Text: CA AB890 | 2019-2020 | Regular Session | Amended
Bill Title: Nurse practitioners: scope of practice: practice without standardized procedures.
Spectrum: Strong Partisan Bill (Democrat 21-2)
Status: (Passed) 2020-09-29 - Chaptered by Secretary of State - Chapter 265, Statutes of 2020. [AB890 Detail]
Download: California-2019-AB890-Amended.html
Amended
IN
Assembly
April 22, 2019 |
Amended
IN
Assembly
April 03, 2019 |
Assembly Bill | No. 890 |
Introduced by Assembly Member Wood (Coauthors: Assembly Members Aguiar-Curry, Eggman, Friedman, Gallagher, and Gipson) (Coauthors: Senators Caballero, Hill, Leyva, and Stone) |
February 20, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 650.01 of the Business and Professions Code is amended to read:650.01.
(a) Notwithstanding Section 650, or any other provision of law, it is unlawful for a licensee to refer a person for laboratory, diagnostic nuclear medicine, radiation oncology, physical therapy, physical rehabilitation, psychometric testing, home infusion therapy, or diagnostic imaging goods or services if the licensee or their immediate family has a financial interest with the person or in the entity that receives the referral.SEC. 2.
Section 805 of the Business and Professions Code is amended to read:805.
(a) As used in this section, the following terms have the following definitions:(a)Notwithstanding any other law, a nurse practitioner who holds a certification as a nurse practitioner from a national certifying body recognized by the board may perform the functions specified in subdivision (c) without supervision by a physician and surgeon if the nurse practitioner
meets all of the requirements of this article and practices in one of the following settings in which one or more physicians and surgeons are concurrently practicing with the nurse practitioner:
(1)A clinic, as defined in Section 1200 of the Health and Safety Code.
(2)A health facility, as defined in Section 1250 of the Health and Safety Code.
(3)A facility described in Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code.
(4)A medical group practice, including a professional medical corporation, as defined in Section 2406, another form of corporation controlled by physicians and surgeons, a medical partnership, a medical foundation exempt from licensure, or another lawfully organized group of physicians and surgeons that provides health care services.
(b)An entity described in subdivisions (1) to (4), inclusive, of subdivision (a) shall not interfere with, control, or otherwise direct the professional judgment of a nurse practitioner functioning pursuant to this section in a manner prohibited by Section 2400 or any other law.
(c)In addition to any other practices authorized by law, a nurse practitioner who meets the requirements of this section may perform the following functions without the supervision of a physician and surgeon in accordance with their education and training:
(1)Conduct an advanced assessment.
(2)Order and interpret diagnostic
procedures.
(3)Establish primary and differential diagnoses.
(4)Prescribe, order, administer, dispense, and furnish therapeutic measures, including, but not limited to, the following:
(A)Diagnose, prescribe, and institute therapy or referrals of patients to health care agencies, health care providers, and community resources.
(B)Prescribe, administer, dispense, and furnish pharmacological agents, including over-the-counter, legend, and controlled substances.
(C)Plan and initiate a therapeutic regimen that includes ordering and prescribing nonpharmacological interventions, including, but not
limited to, durable medical equipment, medical devices, nutrition, blood and blood products, and diagnostic and supportive services, including, but not limited to, home health care, hospice, and physical and occupational therapy.
(5)After performing a physical examination, certify disability pursuant to Section 2708 of the Unemployment Insurance Code.
(6)Delegate tasks to a medical assistant pursuant to Sections 1206.5, 2069, 2070, and 2071, and Article 2 (commencing with Section 1366) of Chapter 3 of Division 13 of Title 16 of the California Code of Regulations.
(d)A nurse practitioner shall refer a patient to a physician and surgeon or other licensed health care provider if a situation or condition of a patient is beyond the scope of the education and training of the nurse practitioner.
(e)A nurse practitioner practicing under this section shall maintain professional liability insurance appropriate for the practice setting.
(a)Notwithstanding any other law, a nurse practitioner who holds an active certification by a national certifying body recognized by the board may practice without supervision by a physician and surgeon if, in addition to satisfying the requirements of this article, the nurse practitioner satisfies both of the following requirements:
(1)The nurse practitioner has successfully completed a transition to practice program.
(2)A supervising physician and surgeon at the clinic, facility, or medical group attests under penalty of perjury to the board that the nurse practitioner has successfully completed the transition to practice program and is proficient in the competencies
identified by the board to practice pursuant to this section.
(b)A nurse practitioner authorized to practice pursuant to this section shall comply with all of the following:
(1)The nurse practitioner, consistent with applicable standards of care, shall practice within the scope of their clinical and professional training and within the limits of their knowledge and experience.
(2)The nurse practitioner shall consult and collaborate with other healing arts providers based on the clinical condition of the patient to whom health care is provided.
(3)The nurse practitioner shall establish a plan for referral of complex medical cases and emergencies to a physician and surgeon or other appropriate healing arts providers.
(c)For purposes of this section, “transition to practice program” means a program in which additional clinical experience and mentorship are provided to prepare a nurse practitioner to practice without the routine presence of a physician and surgeon. A transition to practice program shall meet all of the following requirements:
(1)The transition to practice program shall consist of a minimum of three years or 4,600 hours.
(2)The transition to practice program shall require proficiency in competencies identified by the board by regulation.
(3)The transition to practice program is conducted in one of the settings specified in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 2837.1 in which one or more physicians and surgeons practices
concurrently with the nurse practitioner.
(d)A nurse practitioner practicing under this section shall maintain professional liability insurance appropriate for the practice setting.