Bill Text: CA SB799 | 2017-2018 | Regular Session | Amended
Bill Title: Nursing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-10-05 - Chaptered by Secretary of State. Chapter 520, Statutes of 2017. [SB799 Detail]
Download: California-2017-SB799-Amended.html
Amended
IN
Senate
April 17, 2017 |
Senate Bill | No. 799 |
Introduced by Senator Hill |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law,
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 801 of the Business and Professions Code is amended to read:801.
(a) Except as provided in Section 801.01 and subdivisions (b), (c),(e)
(f)
SECTION 1.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.SEC. 2.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.SEC. 4.
Section 2718 of the Business and Professions Code is repealed.(a)(1)By February 1, 2016, the board shall contract with the office to conduct a performance audit of the board’s enforcement program. The board shall reimburse the office for the cost of the performance audit. The office shall report the results of the audit, with any recommendations, to the Governor, the department, and the appropriate policy committees of the Legislature by January 1, 2017.
(2)The performance audit shall include, but not be limited to, an evaluation of all the following:
(A)The quality and consistency of, and compliance with, complaint processing and investigation.
(B)The consistency and adequacy of the application of board sanctions or discipline imposed on licensees.
(C)The accuracy and consistency in implementing the laws and rules affecting discipline, including adherence to the Division of Investigation Case Acceptance Guidelines (Consumer Protection Enforcement Initiative Model), as revised July 1, 2014.
(D)The timeframes for completing complaint processing, investigation, and resolution.
(E)Staff concerns regarding licensee disciplinary matters or procedures.
(F)The appropriate utilization of licensed professionals to investigate complaints.
(G)The adequacy of the board’s
cooperation with other state agencies charged with enforcing related laws and regulations regarding nurses.
(H)Any existing backlog, the reason for the backlog, and the timeframe for eliminating the backlog.
(I)The adequacy of board staffing, training, and fiscal resources to perform its enforcement functions.
(b)Board staff and management shall cooperate with the office and shall provide the office with access to data, case files, employees, and information as the office may, in its discretion, require for the purposes of this section.
(c)For the purposes of this section, “office” means the California State Auditor’s Office.
SEC. 5.
Section 2761.5 is added to the Business and Professions Code, to read:2761.5.
(a) If a registered nurse has knowledge that another person has committed any act listed as grounds for discipline or a denial of application pursuant to Section 2761, the registered 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.SEC. 6.
Section 2770.7 of the Business and Professions Code is amended to read:2770.7.
(a) The board shall establish criteria for the acceptance, denial, or termination of registered nurses in the intervention program. Only those registered nurses who have voluntarily requested to participate in the intervention program shall participate in the program.(c)If the reasons for a current investigation of a registered nurse are based primarily on the self-administration of any controlled substance or dangerous drug or alcohol under Section 2762, or the illegal possession, prescription, or nonviolent procurement of any controlled substance or dangerous drug for self-administration that does not involve actual, direct harm to the public, the board shall close the investigation without further action if the registered nurse is accepted into the board’s intervention program and successfully completes the program. If the registered nurse withdraws or is terminated from the program by an intervention evaluation committee, and the termination is approved by the program manager, the investigation shall be reopened and
disciplinary action imposed, if warranted, as determined by the board.
SEC. 7.
Section 2811.5 of the Business and Professions Code is amended to read:2811.5.
(a) Each person renewing his or her license under Section 2811 shall submit proof satisfactory to the board(b)
(c)
(d)
(e)
(f)
(g)
(h)