BILL NUMBER: SB 539 CHAPTERED
BILL TEXT
CHAPTER 338
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2011
APPROVED BY GOVERNOR SEPTEMBER 26, 2011
PASSED THE SENATE SEPTEMBER 7, 2011
PASSED THE ASSEMBLY SEPTEMBER 1, 2011
AMENDED IN ASSEMBLY JUNE 9, 2011
AMENDED IN SENATE MAY 9, 2011
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Price
FEBRUARY 17, 2011
An act to amend Sections 2841, 2859, 2862, 2866, 2872.2, 2873,
2878.1, 2880, 2881, 2881.1, 2882, 2883, 4501, 4503, 4510.1, 4511,
4511.2, 4521.2, 4530, 4531, and 4532 of, and to repeal and amend
Section 2847 of, the Business and Professions Code, relating to
nursing.
LEGISLATIVE COUNSEL'S DIGEST
SB 539, Price. Nursing.
(1) Existing law, until January 1, 2012, creates within the
Department of Consumer Affairs, the Board of Vocational Nursing and
Psychiatric Technicians of the State of California. Existing law,
until January 1, 2012, requires the board to select an executive
officer to perform duties delegated by the board. Under existing law,
boards scheduled for repeal are required to be evaluated by the
Joint Sunset Review Committee.
This bill would extend the operation of those provisions until
January 1, 2016, and would specify that the board would be subject to
review by the appropriate policy committees of the Legislature.
(2) Existing law requires the Board of Vocational Nursing and
Psychiatric Technicians of the State of California to inspect all
schools of vocational nursing and psychiatric technicians for
purposes of accreditation or determining compliance with prescribed
standards.
This bill would instead require the inspection or review of those
schools for the purposes described above.
(3) Existing law requires an applicant for a vocational nurse
license or a psychiatric technician's license to have successfully
completed specified courses of studies from a school accredited by
the Board of Vocational Nursing and Psychiatric Technicians of the
State of California. Existing law requires an employer of a licensed
vocational nurse or psychiatric technician to report to the board the
suspension or termination for cause of the licensed vocational nurse
or psychiatric technician. A violation by any person of any of the
provisions governing these professions is a misdemeanor.
This bill would instead require an applicant for a vocational
nurse license or a psychiatric technician's license to have
successfully completed specified courses of studies from a school
approved by the board. The bill would also require an employer of a
licensed vocational nurse or psychiatric technician to report to the
board the resignation for cause, as defined, of the licensed
vocational nurse or psychiatric technician and would require an
employment agency or nursing registry to report to the board the
rejection from assignment of the licensed vocational nurse or
psychiatric technician. By revising the definition of a crime, this
bill would impose a state-mandated local program.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2841 of the Business and Professions Code is
amended to read:
2841. (a) There is in the Department of Consumer Affairs a Board
of Vocational Nursing and Psychiatric Technicians of the State of
California, consisting of 11 members.
(b) Within the meaning of this chapter, "board," or "the board,"
refers to the Board of Vocational Nursing and Psychiatric Technicians
of the State of California.
(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. 2. Section 2847 of the Business and Professions Code, as
amended by Section 6 of Chapter 33 of the Statutes of 2008, is
repealed.
SEC. 3. Section 2847 of the Business and Professions Code, as
added by Section 6 of Chapter 35 of the Statutes of 2008, is amended
to read:
2847. (a) The board shall select an executive officer who shall
perform duties as are delegated by the board and who shall be
responsible to it for the accomplishment of those duties.
(b) The person selected to be the executive officer of the board
shall be a duly licensed vocational nurse under this chapter, a duly
licensed professional nurse as defined in Section 2725, or a duly
licensed psychiatric technician. The executive officer shall not be a
member of the board.
(c) With the approval of the Director of Finance, the board shall
fix the salary of the executive officer.
(d) The executive officer shall be entitled to traveling and other
necessary expenses in the performance of his or her duties. He or
she shall make a statement, certified before a duly authorized
person, that the expenses have been actually incurred.
(e) 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 2859 of the Business and Professions Code is
amended to read:
2859. The practice of vocational nursing within the meaning of
this chapter is the performance of services requiring those
technical, manual skills acquired by means of a course in an approved
school of vocational nursing, or its equivalent, practiced under the
direction of a licensed physician, or registered professional nurse,
as defined in Section 2725.
A vocational nurse, within the meaning of this chapter, is a
person who has met all the legal requirements for a license as a
vocational nurse in this state and who for compensation or personal
profit engages in vocational nursing as the same is hereinabove
defined.
SEC. 5. Section 2862 of the Business and Professions Code is
amended to read:
2862. Vocational nursing services may be rendered by a student
enrolled in an approved school of vocational nursing when these
services are incidental to his or her course of study.
SEC. 6. Section 2866 of the Business and Professions Code is
amended to read:
2866. An applicant for a licensed vocational nurse license shall
comply with each of the following:
(a) Be at least 17 years of age.
(b) Have successfully completed at least an approved course of
study through the 12th grade or the equivalent thereof as specified
by the board.
(c) Have successfully completed the prescribed course of study in
an approved school of vocational nursing or have graduated from a
school which, in the opinion of the board, maintains and gives a
course which is equivalent to the minimum requirements for an
approved school of vocational nursing in this state.
(d) Not be subject to denial of licensure under Section 480.
SEC. 7. Section 2872.2 of the Business and Professions Code is
amended to read:
2872.2. An applicant for license by examination shall submit a
written application in the form prescribed by the board.
Provided that the application for licensure by examination is
received by the board no later than four months after completion of a
board approved nursing program and approval of the application, the
board may issue an interim permit authorizing the applicant to
practice vocational nursing pending the results of the first
licensing examination, or for a period of nine months, whichever
occurs first.
If the applicant passes the examination, the interim permit shall
remain in effect until an initial license is issued by the board or
for a maximum period of six months after passing the examination,
whichever occurs first. If the applicant fails the examination, the
interim permit shall terminate upon notice by certified mail, return
receipt requested, or if the applicant fails to receive the notice,
upon the date specified in the interim permit, whichever occurs
first.
A permittee shall function under the supervision of a licensed
vocational nurse or a registered nurse, who shall be present and
available on the premises during the time the permittee is rendering
professional services. The supervising licensed vocational nurse or
registered nurse may delegate to the permittee any function taught in
the permittee's basic nursing program.
An interim permittee shall not use any title or designation other
than vocational nurse interim permittee or "V.N.I.P."
SEC. 8. Section 2873 of the Business and Professions Code is
amended to read:
2873. Any person possessing either the education or the
experience, or any combination of both the education and the
experience, equivalent to that acquired in an approved school of
vocational nursing may be licensed as a vocational nurse under the
provisions of this chapter, provided that he or she successfully
demonstrates to the board that he or she possesses the necessary
qualifications, and successfully passes the examinations or tests as
may from time to time be required by the board.
SEC. 9. Section 2878.1 of the Business and Professions Code is
amended to read:
2878.1. (a) If a licensed vocational nurse has knowledge that
another person has committed any act prohibited by Section 2878, the
licensed vocational nurse shall report this information to the board
in writing and shall cooperate with the board in furnishing
information or assistance as may be required.
(b) Any employer of a licensed vocational nurse shall report to
the board the suspension or termination for cause, or resignation for
cause, of any licensed vocational nurse in its employ. In the case
of licensed vocational nurses employed by the state, the report shall
not be made until after the conclusion of the review process
specified in Section 52.3 of the California Code of Regulations and
Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194. This required
reporting shall not constitute a waiver of confidentiality of medical
records. The information reported or disclosed shall be kept
confidential except as provided in subdivision (d) and shall not be
subject to discovery in civil cases.
(c) An employment agency or nursing registry shall report to the
board the rejection from assignment of a licensed vocational nurse by
a health facility or home health care provider due to acts that
would be cause for suspension or termination as described in
subdivision (d).
(d) For purposes of the section, "suspension, termination, or
resignation for cause" or "rejection from assignment" are defined as
suspension, termination, or resignation from employment, or rejection
from assignment, for any of the following reasons:
(1) Use of controlled substances or alcohol to the extent that it
impairs the licensee's ability to safely practice vocational nursing.
(2) Unlawful sale of a controlled substance or other prescription
items.
(3) Patient or client abuse, neglect, physical harm, or sexual
contact with a patient or client.
(4) Falsification of medical records.
(5) Gross negligence or incompetence.
(6) Theft from patients or clients, other employees, or the
employer.
(e) Failure of an employer to make a report required by this
section is punishable by an administrative fine not to exceed ten
thousand dollars ($10,000) per violation.
(f) Pursuant to Section 43.8 of the Civil Code, no person shall
incur any civil penalty as a result of making any report required by
this chapter.
(g) The board shall implement this section contingent upon the
necessary funding in the annual Budget Act.
(h) For purposes of this section, "employer" includes employment
agencies and nursing registries.
SEC. 10. Section 2880 of the Business and Professions Code is
amended to read:
2880. The board shall prepare and maintain a list of approved
schools of vocational nursing in this state whose graduates, if they
have the other necessary qualifications provided in this chapter,
shall be eligible to apply for a license to practice vocational
nursing in this state.
SEC. 11. Section 2881 of the Business and Professions Code is
amended to read:
2881. An approved school of vocational nursing is one which has
been approved by the Board of Vocational Nursing and Psychiatric
Technicians of the State of California, gives a course of instruction
in vocational nursing of not less than 1 , 530 hours or
50 semester units approved by the board pursuant to Section 2882
whether the same be established by the State Board of Education,
other educational institutions, or other public or private agencies
or institutions and is affiliated or conducted in connection with one
or more hospitals.
One hour of instruction for purposes of computing the total hours
of instruction or for calculating semester units as specified in this
section shall consist of not less than 50 minutes of actual class
time.
SEC. 12. Section 2881.1 of the Business and Professions Code is
amended to read:
2881.1. The board shall deny the application for approval made
by, and shall revoke the approval given to, any school of vocational
nursing that does not give to student applicants credit, in the field
of nursing, for previous education and the opportunity to obtain
credit for other acquired knowledge by the use of challenge
examinations or other methods of evaluation.
The board shall prescribe, by regulation, the education for which
credit is to be given and the amount of credit that is to be given
for each type of education, including the amount of credit to be
given to a certified nurse assistant, a nurse assistant who has
provided direct nursing services in health facilities, and an
applicant who has successfully completed equivalent courses offered
by a secondary school that is approved by the State Department of
Education in any state or by a nationally recognized regional
accrediting body. These courses shall be assessed for equivalency by
the vocational nursing school.
SEC. 13. Section 2882 of the Business and Professions Code is
amended to read:
2882. The course of instruction of an approved school of
vocational nursing shall consist of not less than the required number
of hours of instruction in such subjects as the board may from time
to time by regulation determine, together with the required number of
hours in the care of medical, surgical, obstetrical patients, sick
children, and such other clinical experience as from time to time may
be determined by the board.
The board shall, by regulation, provide for the approval of
courses of instruction expressed in hours of instruction, or academic
units, or which require satisfactory demonstration of skills and
behavioral competencies.
SEC. 14. Section 2883 of the Business and Professions Code is
amended to read:
2883. It shall be the duty of the board, through an official
representative, to inspect or review all schools of vocational
nursing in this state at such times as the board shall deem
necessary. Written reports of the inspection or review shall be made
to the board, which shall thereupon approve the schools of vocational
nursing that meet the requirements provided by the board.
Upon receiving the report of the representative, if the board
determines that any approved school of vocational nursing is not
maintaining the standard required by the board, notice thereof in
writing specifying the defect or defects shall be immediately given
to the school. If the defects are not corrected within a reasonable
time, the school of nursing may be removed from the approved list and
notice thereof in writing given to it.
SEC. 15. Section 4501 of the Business and Professions Code is
amended to read:
4501. (a) "Board," as used in this chapter, means the Board of
Vocational Nursing and Psychiatric Technicians of the State of
California.
(b) 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. 16. Section 4503 of the Business and Professions Code is
amended to read:
4503. (a) The board shall administer and enforce this chapter.
(b) 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. 17. Section 4510.1 of the Business and Professions Code is
amended to read:
4510.1. An applicant for license by examination shall submit a
written application in the form prescribed by the board. Provided
that the application for licensure is received by the board no later
than four months after completion of a board approved psychiatric
technician program and approval of the application, the board may
issue an interim permit authorizing the applicant to practice all
skills included in the permittee's basic course of study, pending the
results of the first licensing examination, or for a period of nine
months, whichever occurs first.
A permittee shall function under the supervision of a licensed
psychiatric technician or a registered nurse, who shall be present
and available on the premises during the time the permittee is
rendering professional services. The permittee may perform any
function taught in the permittee's basic psychiatric technician
program.
If the applicant passes the examination, the interim permit shall
remain in effect until an initial license is issued by the board or
for a maximum period of six months after passing the examination,
whichever occurs first. If the applicant fails the examination, the
interim permit shall terminate upon notice by certified mail, return
receipt requested, or if the applicant fails to receive the notice,
upon the date specified in the interim permit, whichever occurs
first. An interim permittee shall not use any title or designation
other than psychiatric technician interim permittee or "P.T.I.P."
SEC. 18. Section 4511 of the Business and Professions Code is
amended to read:
4511. An applicant for a psychiatric technician's license shall
have the following qualifications:
(a) Be at least 18 years of age.
(b) Have successfully completed an approved general education
course of study through the 12th grade or the equivalent thereof as
determined by the board.
(c) Have successfully completed (1) a prescribed course of study
and training in a school approved by the board, which course of study
and training shall combine the nursing knowledge and skills
necessary for the care of any ill person and in addition those
special skills necessary for the care of the mentally disabled and
the developmentally disabled, or (2) a course of study and training
which, together with previously acquired training or experience, is
determined by a school approved by the board to be equivalent in
academic credits to its regular program for psychiatric technician
training, or (3) have completed a course of study and training which
in the opinion of the board is equivalent to the minimum requirements
of an approved program for psychiatric technicians in the state.
Clinical inpatient experience shall be an integral part of any such
prescribed or equivalent course of study and training.
(d) Have committed no act which, if committed by a licensed
psychiatric technician, would be grounds for disciplinary action.
SEC. 19. Section 4511.2 of the Business and Professions Code is
amended to read:
4511.2. The board shall deny the application for approval made
by, and shall revoke the approval given to, any psychiatric
technician school that does not give to student applicants credit, in
the fields of nursing and psychiatric technician practice, for
previous education and the opportunity to obtain credit for other
acquired knowledge by the use of challenge examinations or other
methods of evaluation.
The board shall prescribe, by regulation, the education for which
credit is to be given and the amount of credit that is to be given
for each type of education, including the amount of credit to be
given to a psychiatric technician assistant, a certified nurse
assistant, a nurse assistant who has provided direct nursing services
in health facilities, and an applicant who has successfully
completed equivalent courses offered by a secondary school that is
accredited by the State Department of Education in any state or by a
nationally recognized, regional accrediting body. These courses shall
be assessed for equivalency by the psychiatric technician school.
SEC. 20. Section 4521.2 of the Business and Professions Code is
amended to read:
4521.2. (a) If a psychiatric technician has knowledge that
another person has committed any act prohibited by Section 4521, the
psychiatric technician shall report this information to the board in
writing and shall cooperate with the board in furnishing information
or assistance as may be required.
(b) Any employer of a psychiatric technician shall report to the
board the suspension or termination for cause, or resignation for
cause, of any psychiatric technician in their employ. In the case of
psychiatric technicians employed by the state, the report shall not
be made until after the conclusion of the review process specified in
Section 52.3 of Title 2 of the California Code of Regulations and
Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194. The reporting
required herein shall not constitute a waiver of confidentiality of
medical records. The information reported or disclosed shall be kept
confidential except as provided in subdivision (d), and shall not be
subject to discovery in civil cases.
(c) An employment agency or nursing registry shall report to the
board the rejection from assignment of a licensed psychiatric
technician by a health facility or home health care provider due to
acts that would be cause for suspension or termination as described
in subdivision (d).
(d) For purposes of this section, "suspension, termination, or
resignation for cause" or "rejection from assignment" are defined as
suspension, termination, or resignation from employment, or rejection
from assignment, for any of the following reasons:
(1) Use of controlled substances or alcohol to such an extent that
it impairs the licensee's ability to safely practice as a
psychiatric technician.
(2) Unlawful sale of controlled substances or other prescription
items.
(3) Patient or client abuse, neglect, physical harm, or sexual
contact with a patient or client.
(4) Falsification of medical records.
(5) Gross negligence or incompetence.
(6) Theft from patients or clients, other employees, or the
employer.
(e) Failure of an employer to make a report required by this
section is punishable by an administrative fine not to exceed ten
thousand dollars ($10,000) per violation.
(f) Pursuant to Section 43.8 of the Civil Code, no person shall
incur any civil penalty as a result of making any report required by
this chapter.
(g) The board shall implement this section contingent upon
necessary funding being provided in the annual Budget Act.
(h) For purposes of this section, "employer" includes employment
agencies and nursing registries.
SEC. 21. Section 4530 of the Business and Professions Code is
amended to read:
4530. The board shall prepare and maintain a list of approved
schools which offer an approved program for psychiatric technicians.
SEC. 22. Section 4531 of the Business and Professions Code is
amended to read:
4531. The course of instruction of an approved school shall
consist of not less than the number of hours or semester units of
instruction required for the other program administered by the board.
The subjects of instruction shall include the principles of the care
of the mentally disabled and the developmentally disabled. Clinical
inpatient experience shall be an integral part of that prescribed or
equivalent course of study and training. The experience shall be
obtained in a state hospital, except where the board finds that the
requirement is not feasible due either to the distance of a state
hospital from the school or the unavailability, as determined by the
State Department of Developmental Services or the State Department of
Mental Health, of state hospital clinical training placements.
SEC. 23. Section 4532 of the Business and Professions Code is
amended to read:
4532. The board shall provide for the periodic inspection or
review of all psychiatric technician schools in this state. Written
reports of the inspection or review shall be made to the board, which
shall then approve the psychiatric technician schools that meet the
standards prescribed by it.
If the board determines from a report that any approved school is
not maintaining its prescribed standards, it shall immediately give
the school a notice in writing specifying the defect. If the defect
is not corrected the board shall, after written notice, remove the
school from the approved list.
SEC. 24. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.