Bill Text: CA SB538 | 2011-2012 | Regular Session | Enrolled
Bill Title: Nursing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2012-03-01 - Consideration of Governor's veto stricken from file. Veto sustained. [SB538 Detail]
Download: California-2011-SB538-Enrolled.html
BILL NUMBER: SB 538 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 7, 2011
PASSED THE ASSEMBLY SEPTEMBER 1, 2011
AMENDED IN ASSEMBLY AUGUST 15, 2011
AMENDED IN ASSEMBLY JUNE 27, 2011
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE MAY 17, 2011
AMENDED IN SENATE MAY 10, 2011
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE MARCH 21, 2011
INTRODUCED BY Senator Price
FEBRUARY 17, 2011
An act to amend Sections 160, 2701, 2708, 2709, 2786, and 2798 of,
and to add Sections 2786.2 and 2786.5 to, the Business and
Professions Code, and to amend Section 830.3 of the Penal Code,
relating to nursing, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 538, Price. Nursing.
Existing law provides for the regulation of various professions
and vocations by regulatory boards within the Department of Consumer
Affairs. Existing law creates in the department a Division of
Investigation and authorizes the Director of Consumer Affairs to
employ investigators, inspectors, and deputies as are necessary to
investigate and prosecute all violations of any law the enforcement
of which is charged to the department or to any board in the
department. Inspectors used by the boards are not required to be
employees of the Division of Investigation, but may be employees of,
or under contract to, the boards. Investigators of the Division of
Investigation and of the Medical Board of California and the Dental
Board of California have the authority of peace officers. Those
entities are also authorized to employ individuals who are not peace
officers to provide investigative services.
This bill would extend the application of those provisions to the
Board of Registered Nursing. The bill would make conforming changes
to related provisions.
Existing law, until January 1, 2012, creates within the Department
of Consumer Affairs the Board of Registered Nursing, and provides
for the board to select an executive director. Under existing law,
boards scheduled for repeal are required to be evaluated by the Joint
Sunset Review Committee of the Legislature.
This bill would extend the operation of these provisions until
January 1, 2016, and would specify that the board is subject to
review by the appropriate policy committees of the Legislature. The
bill would require meetings of the board to be held in northern and
southern California.
Existing law defines the term "approved school of nursing" and
requires the board to approve and regulate registered nursing schools
that are institutions of higher education or are affiliated with an
institution of higher education, as specified. Existing law requires
a school of nursing that is not affiliated with an institution of
higher education to make an agreement with such an institution for
purposes of awarding nursing degrees.
This bill would delete the provisions requiring an agreement and
would instead provide that a school of nursing that is not an
institution of higher education or that is affiliated with an
institution of higher education, and that is subject to the
requirements set forth in the California Private Postsecondary
Education Act of 2009, requires board approval to grant nursing
degrees. The bill would require new nursing schools seeking board
approval to be recognized or approved by an accrediting agency
recognized by the United States Department of Education. The bill
would specify that the term "approved school of nursing" includes an
approved nursing program. The bill would subject all approved schools
of nursing to specified fees for deposit into the Board of
Registered Nursing Fund, a continuously appropriated fund. Because
the bill adds a new source of revenue to a continuously appropriated
fund, the bill would make an appropriation.
Existing law provides that it is unlawful for anyone to conduct a
school of nursing unless the school has been approved by the board.
This bill would authorize the board to issue cease and desist
orders to a school of nursing that is not approved by the board and
would require the board to notify the office of the Attorney General
of such a school. The bill would also provide that it is
unprofessional conduct for any registered nurse to violate that
provision.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 160 of the Business and Professions Code is
amended to read:
160. (a) The Chief and, designated investigators of the Division
of Investigation of the department, designated investigators of the
Medical Board of California, designated investigators of the Dental
Board of California, and designated investigators of the Board of
Registered Nursing have the authority of peace officers while engaged
in exercising the powers granted or performing the duties imposed
upon them or the division in investigating the laws administered by
the various boards comprising the department or commencing directly
or indirectly any criminal prosecution arising from any investigation
conducted under these laws. All persons herein referred to shall be
deemed to be acting within the scope of employment with respect to
all acts and matters set forth in this section.
(b) The Division of Investigation of the department, the Medical
Board of California, the Dental Board of California, and the Board of
Registered Nursing may employ individuals who are not peace officers
to provide investigative services.
SEC. 2. Section 2701 of the Business and Professions Code is
amended to read:
2701. (a) There is in the Department of Consumer Affairs the
Board of Registered Nursing consisting of nine members.
(b) Within the meaning of this chapter, board, or the board,
refers to the Board of Registered Nursing. Any reference in state law
to the Board of Nurse Examiners of the State of California or
California Board of Nursing Education and Nurse Registration shall be
construed to refer to the Board of Registered Nursing.
(c) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date. Notwithstanding any other provision of law, the repeal of
this section renders the board subject to review by the appropriate
policy committees of the Legislature.
SEC. 3. Section 2708 of the Business and Professions Code is
amended to read:
2708. (a) The board shall appoint an executive officer who shall
perform the duties delegated by the board and who shall be
responsible to it for the accomplishment of those duties.
(b) The executive officer shall be a nurse currently licensed
under this chapter and shall possess other qualifications as
determined by the board.
(c) The executive officer shall not be a member of the board.
(d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 4. Section 2709 of the Business and Professions Code is
amended to read:
2709. The board for the purpose of transacting its business shall
meet at least once every three months, at times and places it
designates by resolution. Meetings shall be held in northern and
southern California.
SEC. 5. Section 2786 of the Business and Professions Code is
amended to read:
2786. (a) 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 less 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 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).
(b) A school of nursing that is not an institution of higher
education or that is affiliated with an institution of higher
education as required by the board, and 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, shall 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) If an institution of higher education, an affiliated
institution, or an institution 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), applies for approval of a new school of nursing, the school of
nursing shall be required to be recognized or approved by an
accrediting agency recognized by the United States Department of
Education.
(d) 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 standards shall be designed to require all schools to provide
clinical instruction in all phases of the educational process.
(e) 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.
SEC. 6. Section 2786.2 is added to the Business and Professions
Code, to read:
2786.2. All private postsecondary schools of nursing approved by
the board pursuant to subdivision (b) of Section 2786 shall comply
with Article 8 (commencing with Section 94897) to Article 16
(commencing with Section 94928), inclusive, of, and shall be subject
to Article 18 (commencing with Section 94932) of, Chapter 8 of Part
59 of Division 10 of Title 3 of the Education Code. The board shall
have a memorandum of understanding with the Bureau for Postsecondary
Education to ensure compliance with these provisions, including the
handling of student complaints regarding these approved schools of
nursing.
SEC. 7. Section 2786.5 is added to the Business and Professions
Code, to read:
2786.5. (a) An institution of higher education or a private
postsecondary school of nursing approved by the board pursuant to
subdivision (b) of Section 2786 shall remit to the board for deposit
in the Board of Registered Nursing Fund the following fees, in
accordance with the following schedule:
(1) The fee for approval of a school of nursing shall be five
thousand dollars ($5,000).
(2) The fee for continuing approval of a new nursing program 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 nursing shall be five hundred dollars
($500).
(b) If the board determines that the annual cost of providing
oversight and review of a school of nursing, 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 board's costs associated with that institution.
SEC. 8. Section 2798 of the Business and Professions Code is
amended to read:
2798. (a) It is unlawful for anyone to conduct a school of
nursing unless the school has been approved by the board.
(b) If the board has a reasonable belief, either by complaint or
otherwise, that a school is allowing students to apply for its
nursing program and that nursing 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 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.
(c) It shall be unprofessional conduct for any registered nurse to
violate or attempt to violate, either directly or indirectly, or to
assist or abet the violation of, this section.
(d) This section is not applicable to schools conducted under
Section 2789 of this chapter.
SEC. 9. Section 830.3 of the Penal Code is amended to read:
830.3. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
These peace officers may carry firearms only if authorized and under
those terms and conditions as specified by their employing agencies:
(a) Persons employed by the Division of Investigation of the
Department of Consumer Affairs and investigators of the Medical Board
of California, the Board of Dental Examiners, and the Board of
Registered Nursing who are designated by the Director of Consumer
Affairs, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
160 of the Business and Professions Code.
(b) Voluntary fire wardens designated by the Director of Forestry
and Fire Protection pursuant to Section 4156 of the Public Resources
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section 4156
of that code.
(c) Employees of the Department of Motor Vehicles designated in
Section 1655 of the Vehicle Code, provided that the primary duty of
these peace officers shall be the enforcement of the law as that duty
is set forth in Section 1655 of that code.
(d) Investigators of the California Horse Racing Board designated
by the board, provided that the primary duty of these peace officers
shall be the enforcement of Chapter 4 (commencing with Section 19400)
of Division 8 of the Business and Professions Code and Chapter 10
(commencing with Section 330) of Title 9 of Part 1 of this code.
(e) The State Fire Marshal and assistant or deputy state fire
marshals appointed pursuant to Section 13103 of the Health and Safety
Code, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
13104 of that code.
(f) Inspectors of the food and drug section designated by the
chief pursuant to subdivision (a) of Section 106500 of the Health and
Safety Code, provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set forth in
Section 106500 of that code.
(g) All investigators of the Division of Labor Standards
Enforcement designated by the Labor Commissioner, provided that the
primary duty of these peace officers shall be the enforcement of the
law as prescribed in Section 95 of the Labor Code.
(h) All investigators of the State Departments of Health Care
Services, Public Health, Social Services, Mental Health, and Alcohol
and Drug Programs, the Department of Toxic Substances Control, the
Office of Statewide Health Planning and Development, and the Public
Employees' Retirement System, provided that the primary duty of these
peace officers shall be the enforcement of the law relating to the
duties of his or her department or office. Notwithstanding any other
provision of law, investigators of the Public Employees' Retirement
System shall not carry firearms.
(i) The Chief of the Bureau of Fraudulent Claims of the Department
of Insurance and those investigators designated by the chief,
provided that the primary duty of those investigators shall be the
enforcement of Section 550.
(j) Employees of the Department of Housing and Community
Development designated under Section 18023 of the Health and Safety
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section
18023 of that code.
(k) Investigators of the office of the Controller, provided that
the primary duty of these investigators shall be the enforcement of
the law relating to the duties of that office. Notwithstanding any
other law, except as authorized by the Controller, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(l) Investigators of the Department of Corporations designated by
the Commissioner of Corporations, provided that the primary duty of
these investigators shall be the enforcement of the provisions of law
administered by the Department of Corporations. Notwithstanding any
other provision of law, the peace officers designated pursuant to
this subdivision shall not carry firearms.
(m) Persons employed by the Contractors' State License Board
designated by the Director of Consumer Affairs pursuant to Section
7011.5 of the Business and Professions Code, provided that the
primary duty of these persons shall be the enforcement of the law as
that duty is set forth in Section 7011.5, and in Chapter 9
(commencing with Section 7000) of Division 3, of that code. The
Director of Consumer Affairs may designate as peace officers not more
than 12 persons who shall at the time of their designation be
assigned to the special investigations unit of the board.
Notwithstanding any other provision of law, the persons designated
pursuant to this subdivision shall not carry firearms.
(n) The Chief and coordinators of the Law Enforcement Branch of
the California Emergency Management Agency.
(o) Investigators of the office of the Secretary of State
designated by the Secretary of State, provided that the primary duty
of these peace officers shall be the enforcement of the law as
prescribed in Chapter 3 (commencing with Section 8200) of Division 1
of Title 2 of, and Section 12172.5 of, the Government Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(p) The Deputy Director for Security designated by Section 8880.38
of the Government Code, and all lottery security personnel assigned
to the California State Lottery and designated by the director,
provided that the primary duty of any of those peace officers shall
be the enforcement of the laws related to assuring the integrity,
honesty, and fairness of the operation and administration of the
California State Lottery.
(q) Investigators employed by the Investigation Division of the
Employment Development Department designated by the director of the
department, provided that the primary duty of those peace officers
shall be the enforcement of the law as that duty is set forth in
Section 317 of the Unemployment Insurance Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(r) The chief and assistant chief of museum security and safety of
the California Science Center, as designated by the executive
director pursuant to Section 4108 of the Food and Agricultural Code,
provided that the primary duty of those peace officers shall be the
enforcement of the law as that duty is set forth in Section 4108 of
the Food and Agricultural Code.
(s) Employees of the Franchise Tax Board designated by the board,
provided that the primary duty of these peace officers shall be the
enforcement of the law as set forth in Chapter 9 (commencing with
Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation
Code.
(t) Notwithstanding any other provision of this section, a peace
officer authorized by this section shall not be authorized to carry
firearms by his or her employing agency until that agency has adopted
a policy on the use of deadly force by those peace officers, and
until those peace officers have been instructed in the employing
agency's policy on the use of deadly force.
Every peace officer authorized pursuant to this section to carry
firearms by his or her employing agency shall qualify in the use of
the firearms at least every six months.
(u) Investigators of the Department of Managed Health Care
designated by the Director of the Department of Managed Health Care,
provided that the primary duty of these investigators shall be the
enforcement of the provisions of laws administered by the Director of
the Department of Managed Health Care. Notwithstanding any other
provision of law, the peace officers designated pursuant to this
subdivision shall not carry firearms.
(v) The Chief, Deputy Chief, supervising investigators, and
investigators of the Office of Protective Services of the State
Department of Developmental Services, provided that the primary duty
of each of those persons shall be the enforcement of the law relating
to the duties of his or her department or office.
