Bill Text: CA AB1577 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Health facilities and clinics: clinical placements: nursing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-08-26 - Read second time. Ordered to third reading. [AB1577 Detail]

Download: California-2023-AB1577-Amended.html

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Amended  IN  Senate  June 26, 2023

Amended  IN  Assembly  April 27, 2023

Amended  IN  Assembly  April 17, 2023

Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1577

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Introduced by Assembly Member Low

February 17, 2023

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An act to add Article 1 (commencing with Section 127750) to Chapter 1 of Part 3 of Division 107 of the Health and Safety Code, relating to health facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 1577, as amended, Low. General acute care hospitals: clinical placements: nursing.

Existing law establishes the Department of Health Care Access and Information (HCAI) in the California Health and Human Services Agency to oversee health planning and health policy research, such as the health care workforce research and data center. Existing law establishes the Board of Registered Nursing within the Department of Consumer Affairs for the licensure and regulation of the practice of nursing.

This bill would require a general acute care hospital meeting certain criteria to complete and submit a designated form and a report on nursing clinical placements twice per year, or more frequently as specified, to HCAI and the board, containing certain information. The bill would require an approved school of nursing, or an approved nursing program, within a community college to annually notify HCAI and the board of the number of clinical placement slots required for the next academic year and the number of slots that it has been unable to fill.

The bill would require HCAI to post on its internet website the above-described information reported by the hospitals and nursing schools or programs.

If there are no hospitals to meet the needs of the community colleges, the bill would authorize HCAI to meet with general acute care hospitals in an attempt to match available clinical placement slots with needed slots or in an attempt to create additional slots and would establish a process of departmental review and a potential fine if the hospital cannot implement any additional slots.

The bill would require the department to investigate a complaint of a violation of these provisions and would require a general acute care hospital to submit an acceptable plan of correction or be subject to a fine, as specified. By implementing fines for violations, this bill would create a new crime and a state-mandated local program.

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.

Existing law establishes the Department of Health Care Access and Information in the Health and Welfare Agency to oversee health planning and health policy research, such as the health care workforce research and data center. Existing law, the Nursing Practice Act, establishes the Board of Registered Nurses within the Department of Consumer Affairs for the licensure and regulation of the practice of nursing.

This bill would require a general acute care hospital that is located in the service area of a community college with an approved school of nursing to make quarterly reports to the Department of Health Care Access and Information and the Board of Registered Nurses of the number of nursing clinical placements filled by the hospital for that quarter, and would require the department to categorize the information, as specified, and post it on its internet website. The bill would require a community college with postsecondary educational students in an approved school of nursing or an approved program of nursing education, as defined, to notify the Department of Health Care Access and Information and the Board of Registered Nursing, by March 1 of each year, of the number of clinical placements the community college will require for the next academic year. The bill would require a general acute care hospital to meet the clinical placement needs of community colleges or be subject to a fine.

Digest Key

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

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) With a robust infrastructure throughout the state, California’s community colleges are in the best position to help California through its nursing shortage.

(b) With a wide service area, community colleges offer local accessibility to students in critically underserved areas, specifically rural and poor inner city communities.

(c) National Council Licensure Examination passage rates are strong, and community colleges offer top quality and affordable education.

(d) Additionally, community colleges are the only recourse against massive student debt, a crisis, waiting to explode, in the United States.

SEC. 2.

 Article 1 (commencing with Section 127750) is added to Chapter 1 of Part 3 of Division 107 of the Health and Safety Code, to read:

Article  1. Nursing Clinical Placements

127750.

 (a) A general acute care hospital that is located within 30 miles of a community college, or in which nursing students from an approved school of nursing or an approved nursing program are placed, shall complete and submit a Program Clinical Facility Authorization Form, or its successor, and a report on nursing clinical placements to the department and the Board of Registered Nursing in accordance with subdivision (b).

(b) (1) For purposes of the form and the report described in subdivision (a), the hospital shall meet all of the following conditions:

(A) The hospital shall submit the form and the report at least twice per year, or more frequently as determined by the department.

(B) The hospital shall include information on the approved school of nursing or approved nursing program that sponsored each student who filled a clinical placement.

(C) If a prelicensure clinical placement slot is available or filled for a period of time that starts in one reporting period but ends in another reporting period, the hospital shall report that slot in the reporting period in which the student started the clinical placement and shall not report that slot in the reporting period in which the student ended the clinical placement.

(2) The department shall post the information reported by hospitals, as described in paragraph (1), on its internet website in a format that can be sorted by hospital, school or program name, and each area of study.

(c) (1) By March 1 of each year, an approved school of nursing, or an approved nursing program, within a community college shall notify the department and the Board of Registered Nursing of the number of clinical placement slots that the community college will require for the next academic year and the number of slots that it has been unable to fill. The school or program shall report to the department and the Board of Registered Nursing the date of the beginning and the date of the end of the academic term for each slot needed, and the area needed.

(2) The department shall post the information described in paragraph (1) on its internet website.

(d) At least twice per year, or more frequently as determined by the department, a general acute care hospital that offers prelicensure clinical placement slots shall, upon request of a community college with an approved school of nursing or an approved nursing program, meet with representatives from the school or program to discuss the clinical placement needs of their school or program. The hospital and the school or program shall work together in good faith to meet the demands of the school or program to educate and train nursing students.

(e) (1) If there are no hospitals to meet the needs of the community colleges, the department may meet with one or more general acute care hospitals in an attempt to match available clinical placement slots with needed slots, or in an attempt to create additional slots, to meet the demands of the community college.

(2) If a hospital cannot provide additional slots, the hospital shall provide the department with written justification of its lack of capability or capacity within 30 days. The department shall notify the hospital within 30 days of its acceptance or rejection of the hospital’s justification. If the department rejects the hospital’s justification and the hospital does not take corrective action within 30 days, the hospital shall be subject to a fine.

(3) All justifications and outcomes shall be posted on the department’s internet website.

(f) A general acute care hospital that is located within 30 miles of a community college, or in which nursing students from an approved school of nursing or an approved nursing program are placed, shall not supplant any of the current nursing students. A general acute care hospital, as described in this subdivision, that supplants current nursing students shall be subject to a fine.

(g) For purposes of this section, “approved school of nursing” and “approved nursing program,” or variations thereof, have the same meaning as set forth in Section 2786 of the Business and Professions Code.

127751.

 (a) The department shall investigate a complaint alleging a violation of this article.

(b) If the department determines that a hospital violated this article, the department may issue a notice of deficiency and require the hospital to submit a written plan of correction. The hospital shall submit its plan of correction within 30 calendar days of receipt of the notice of deficiency.

(c) The department shall notify the hospital within 30 calendar days whether the plan of correction is acceptable. A hospital that fails to submit or implement an acceptable plan of correction may be subject to a fine.

SEC. 3.

 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.

SECTION 1.Article 1 (commencing with Section 127750) is added to Chapter 1 of Part 3 of Division 107 of the Health and Safety Code, to read:

1.Nursing Clinical Placements

127750.

(a)A general acute care hospital that is located in the service area of a community college with an approved school of nursing shall report to the department and the Board of Registered Nursing, on a quarterly basis, the number of nursing clinical placements filled by the hospital for that quarter. The department shall categorize the information by hospital, school type, school name, and clinical placement location. The department shall post the information on its internet website.

(b)By March 1 of each year, a community college with postsecondary educational students enrolled in an approved school of nursing or an approved program of nursing education, as defined in paragraph (1) of subdivision (a) of Section 2786 of the Business and Professions Code, shall notify the department and the Board of Registered Nursing of the number of clinical placements the community college will require for the next academic year.

(c)A general acute care hospital that is located in the service area of a community college with an approved school of nursing shall meet the clinical placement needs of community colleges with postsecondary educational students enrolled in an approved school of nursing or an approved program of nursing education. A hospital that fails to meet those placement needs may be subject to a fine.