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
Assembly
August 24, 2017 |
Amended
IN
Assembly
July 03, 2017 |
Amended
IN
Senate
May 26, 2017 |
Amended
IN
Senate
May 01, 2017 |
Amended
IN
Senate
April 20, 2017 |
Amended
IN
Senate
April 17, 2017 |
Senate Bill | No. 799 |
Introduced by Senator Hill |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
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), (d), and (e) of this section, every insurer providing professional liability insurance to a person who holds a license, certificate, or similar authority from or under any agency specified in subdivision (a) of Section 800 shall send a complete report to that agency as to any settlement or arbitration award over three thousand dollars ($3,000) of a claim or action for damages for death or personal injury caused by that person’s negligence, error, or omission in practice, or by his or her rendering of unauthorized professional services. The report shall be sent within 30 days after the written settlement agreement has been reduced to writing and signed by all parties thereto or within 30 days after service of the arbitration award on the parties.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. 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Section 2718 of the Business and Professions Code is repealed.(a)An employer of a registered nurse shall report to the board, within 30 days of the termination, termination for cause, or resignation for cause, of any registered nurse in its employ. In the case of a registered nurse 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. This required reporting shall not constitute a waiver of confidentiality of medical records. The fact that an employer reported a registered nurse to the board shall be kept confidential and shall not be subject to discovery in civil cases.
(b)An employment agency or nursing registry shall also report to the board the rejection from assignment of a registered nurse by a health facility or home health care provider due to acts that would be cause for termination as described in subdivision (d).
(c)For purposes of this section, “termination or resignation for cause” and “rejection from assignment” are defined as 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 registered nursing.
(2)Unlawful sale or possession
of a controlled substance or other prescription items.
(3)Patient or client abuse, neglect, physical harm, or sexual contact with a patient or client.
(d)Willful failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed five thousand dollars ($5,000) per violation and shall not be punished pursuant to Section 2799. As used in this subdivision, “willful” means a voluntary and intentional violation of a known legal duty.
(e)Pursuant to Section 43.8 and subdivision (b) of Section 47 of the Civil Code, a person shall not incur a civil penalty as a result of making a report to the board that is required by this chapter or to protect the public.
(f)For purposes of this section, “employer” includes employment agencies and nursing registries.