Bill Text: CA SB1015 | 2023-2024 | Regular Session | Amended

California Senate Bill 1015

Bill Title: Nursing schools and programs.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed) 2024-06-19 - June 19 set for first hearing. Placed on suspense file. [SB1015 Detail]

Download: California-2023-SB1015-Amended.html

Amended IN Senate March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1015

Introduced by Senator Cortese
(Coauthor: Senator Laird)
(Coauthor: Assembly Member Ortega)

February 05, 2024

An act to amend Sections 2785.6 and 2786 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL'S DIGEST

SB 1015, as amended, Cortese. Nursing schools and programs.

Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing to license and regulate the practice of nursing. Existing law establishes the Nursing Education and Workforce Advisory Committee within the jurisdiction of the board and requires the committee to solicit input from specified groups to study and recommend nursing education standards and solutions to workforce issues to the board.

This bill would require the committee to study specified ~~topics and~~ topics, including how approved schools of nursing or nursing programs maintain clinical education standards, and would require the board to submit a report making recommendations to the Legislature regarding how approved schools of nursing or nursing programs ~~should~~ manage or coordinate clinical placements.

Existing law requires the board to annually collect, analyze, and report information related to the number of clinical placement slots that are available and the location of those clinical placement slots within the state, as specified.

This bill would require the board to annually collect, analyze, and report information related to the management of clinical placements and coordination with clinical facilities by approved schools of nursing or nursing programs, as specified. The bill would require the board to annually publish the report on its internet website and to annually submit the report to the Legislature.

This bill would state that its provisions are severable.

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

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

SECTION 1.

Section 2785.6 of the Business and Professions Code is amended to read:

2785.6.

There is created within the jurisdiction of the board a Nursing Education and Workforce Advisory Committee, which shall solicit input from approved nursing programs and members of the nursing and health care professions to study and recommend nursing education standards and solutions to workforce issues to the board.

(a) The committee shall be comprised of the following:

(1) One nursing program director representative of a statewide association for associate’s degrees in nursing programs.

(2) One nursing program director representative of a statewide association representing bachelor’s degrees in nursing programs.

(3) One California Community Colleges Chancellor’s Office representative.

(4) One California State University Office of the Chancellor representative.

(5) One currently practicing registered nurse representative.

(6) Two currently practicing advanced practice registered nurse representatives.

(7) Two registered nurse employer representatives in nursing service administration.

(8) One professional nursing organization representative.

(9) Three nursing union organization representatives.

(10) One public representative.

(11) One Health Workforce Development Division representative.

(12) One board research vendor.

(13) Any other members representing an organization in the nursing education or workforce field that the board determines is necessary for the work of the committee and is not listed under this subdivision.

(b) (1) Except as provided in paragraph (2), all appointments shall be for a term of four years and vacancies shall be filled for the unexpired term. No person shall serve more than two consecutive terms except for the representatives from organizations.

(2) (A) The initial appointments for the education representatives shall be for the following terms:

(i) One Nursing Program Director who is a member of a statewide association for associate’s degrees in nursing programs shall serve three years.

(ii) One nursing program director who is a member of a statewide association representing bachelor’s degrees in nursing programs shall serve a term of two years.

(iii) One California Community Colleges Chancellor’s Office representative shall serve a term of four years.

(iv) One representative from the California State University Office of the Chancellor shall serve a term of four years.

(B) The initial appointments for the workforce representatives shall be for the following terms:

(i) One practicing registered nurse representative shall serve a term of four years.

(ii) One of the two practicing advanced practice registered nurse representatives shall serve a term of three years and the other shall serve a term of two years.

(i) One of the two registered nurse employer representatives shall serve a term of three years and the other shall serve a term of four years.

(ii) One professional nursing organization representative shall serve a term of two years.

(D) The public member shall serve a term of four years.

(d) (1) The committee shall dedicate a minimum of one meeting each towards nursing education issues and nursing workforce issues.

(2) The committee may establish subcommittees to study issues specific to education, workforce, or any other topic relevant to the purpose of the committee.

(e) The committee may refer information and recommendations to the board or other committees of the board.

(f) (1) The board may implement, interpret, or make specific this section by means of a charter, or other similar document, approved by the board.

(2) The board may revise the charter, or other similar document, developed pursuant to this section, as necessary. The development or revision of the charter, or other similar document, shall be exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(g) The committee shall study and recommend standards for simulated clinical experiences based on the best practices published by the International Nursing Association for Clinical Simulation and Learning, the National Council of State Boards of Nursing, the Society for Simulation in Healthcare, or equivalent standards.

(h) (1) The committee shall study and recommend standards regarding how approved schools of nursing or nursing programs ~~should~~ manage or coordinate clinical placements. The study shall include, at a minimum, all of the following topics:

~~(A)The maintenance of clinical education standards across approved schools of nursing or nursing programs.~~
(A) How approved schools of nursing or nursing programs maintain clinical education standards.

(B) The participation of approved schools of nursing or nursing programs in consortiums with other approved schools of nursing or nursing programs to manage or coordinate clinical placements.

(C) The necessity and feasibility of a statewide consortium or regional consortiums under the regulatory oversight of the board to manage or coordinate clinical placements of approved schools of nursing or nursing programs.

(D) Identifying and reporting violations of Section 2786.4.

(E) Ensuring fair and equitable access to clinical placement among approved schools of nursing or nursing programs.

(F) Identifying necessary information for the board to collect to ensure that approved schools of nursing and nursing programs comply with standards recommended by the committee.

(2) (A) The ~~committee~~ board shall submit a report to the Legislature detailing the committee’s findings and recommendations pursuant to paragraph (1).

(B) A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 2.

Section 2786 of the Business and Professions Code is amended to read:

2786.

(a) (1) An approved school of nursing, or an approved nursing program, is one that has been approved by the board, gives the course of instruction approved by the board, covering not fewer than two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, “institution of higher education” includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level master’s degree, and is an institution that is not subject to 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).

(2) An approved school of nursing or nursing program shall meet a minimum of 500 direct patient care clinical hours in a board-approved clinical setting with a minimum of 30 hours of supervised direct patient care clinical hours dedicated to each nursing area specified by the board.

(A) Additional clinical hours required by the program for nursing education preparation in each nursing area as specified by the board shall be identified and documented in the curriculum plan for each area.

(B) An approved school of nursing or nursing program shall not be required to track the minimum clinical hours by individual students.

(3) An approved school of nursing or nursing program may cover fewer than two academic years if approved to provide a course of instruction that prepares a licensed vocational nurse licensed under the Vocational Nursing Practice Act (commencing with Section 2840) for a license under this chapter.

(b) A school of nursing that is affiliated with an institution that is subject to 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), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved.

(c) (1) The board shall determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse and shall include the minimum units of theory and clinical experience necessary to achieve essential clinical competency at the entry level of the registered nurse. The board’s regulations shall be designed to require all schools to provide clinical instruction in all phases of the educational process, except as necessary to accommodate military education and experience as specified in Section 2786.1.

(2) Notwithstanding paragraph (1), whenever an agency or facility used by an approved nursing program for direct patient care clinical practice is no longer available or sufficient, the director of the approved nursing program may submit to a board nursing education consultant a request that the approved nursing program allow theory to precede clinical practice if all of the following conditions are met:

(A) No alternative agency or facility located within 25 miles of the impacted approved nursing program, campus, or location, as applicable, has a sufficient number of open placements that are available and accessible to the approved nursing program for direct patient care clinical practice hours in the same subject matter area. An approved program shall not be required to submit more than required under subparagraph (A) of paragraph (3) of subdivision (a) of Section 2786.3.

(B) Clinical practice takes place in the academic term immediately following theory.

(C) Theory is taught concurrently with clinical practice not in direct patient care if no direct patient care experiences are available.

(3) (A) The board shall annually collect, analyze, and report information related to the number of clinical placement slots that are available and the location of those clinical placement slots within the state, including, but not limited to, information concerning the total number of placement slots a clinical facility can accommodate and how many slots the programs that use the facility will need.

(B) The board shall utilize data from available regional or individual institution databases.

(4) (A) (i) The board shall annually collect, analyze, and report information related to the management of clinical placements and coordination with clinical facilities by approved schools of nursing or nursing programs.

(ii) The report shall include information relating to how approved schools of nursing or nursing programs collaborate and coordinate with other approved schools of nursing, nursing programs, or regional planning consortiums that utilize the same clinical facility.

(B) (i) The board shall publish the annual report on its internet website.

(ii) Notwithstanding Section 10231.5 of the Government Code, the board shall annually submit the report under this subparagraph to the Legislature.

(iii) A report to be submitted under this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.

(d) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing.

(e) (1) The executive officer shall develop a uniform method for evaluating requests and granting approvals pursuant to this section.

(2) The executive officer may revise the uniform method developed pursuant to this subdivision, as necessary. The development or revision of the uniform method shall be exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(3) The board’s nursing education consultants shall use the uniform method to evaluate requests and grant approvals pursuant to this section.

(4) The board shall post the approved method and any revisions on the board’s website.

(f) (1) Graduation requirements for an approved school of nursing, or an approved nursing program, shall include one hour of direct participation in an implicit bias training which shall include all of the following:

(A) Identification of previous or current unconscious biases and misinformation.

(B) Identification of personal, interpersonal, institutional, structural, and cultural barriers to inclusion.

(C) Corrective measures to decrease implicit bias at the interpersonal and institutional levels, including ongoing policies and practices for that purpose.

(D) Information on the effects, including, but not limited to, ongoing personal effects, of historical and contemporary exclusion and oppression of minority communities.

(E) Information about cultural identity across racial or ethnic groups.

(F) Information about communicating more effectively across identities, including racial, ethnic, religious, and gender identities.

(G) Discussion on power dynamics and organizational decisionmaking.

(H) Discussion on health inequities within the perinatal care field, including information on how implicit bias impacts maternal and infant health outcomes.

(I) Perspectives of diverse, local constituency groups and experts on particular racial, identity, cultural, and provider-community relations issues in the community.

(J) Information on reproductive justice.

(2) This subdivision shall not be construed to do any of the following:

(A) Affect the requirements for licensure under this chapter.

(B) Require a curriculum revision.

SEC. 3.

The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.