Bill Text: CA SB122 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Healing Arts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-29 - Chaptered by Secretary of State. Chapter 789, Statutes of 2012. [SB122 Detail]

Download: California-2011-SB122-Amended.html

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BILL NUMBER: SB 122	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 4, 2012

INTRODUCED BY   Senator Price

                        JANUARY 24, 2011

    An act to amend Section 1373 of the Health and Safety
Code, and to amend Section 10277 of the Insurance Code, relating to
health care coverage, and declaring the urgency thereof, to take
effect immediately.   An act to amend Sections 2709,
2786, and 2798 of, and to ad   d Sections 2786.2 and 2786.5
to, the Business and Professions Code, relating to nursing, and
making an appropriation therefor. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 122, as amended, Price.  Health care coverage:
dependents.   Nursing. 
   Existing law, until January 1, 2012, creates within the Department
of Consumer Affairs the Board of Registered Nursing, and makes the
board responsible for the licensure and regulation of registered
nurses. Existing law requires the board to meet quarterly.  

   This 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 require 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, obtain 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.  
   Existing law, the federal Patient Protection and Affordable Care
Act, requires a health insurance issuer issuing group or individual
coverage that provides dependent coverage of children to continue to
make that coverage available for an adult child until the child
attains 26 years of age with respect to plan years beginning on or
after September 23, 2010. Regulations promulgated under that
provision require issuers to provide certain dependents who have lost
or been denied coverage an opportunity to enroll, as specified.
Issuers of retiree-only plans or of excepted benefits are not
required to comply with those dependent coverage requirements.
 
   Existing law, the Knox-Keene Health Care Service Plan Act of 1975,
provides for the licensure and regulation of health care service
plans by the Department of Managed Health Care. Existing law also
provides for the regulation of health insurers by the Department of
Insurance. Existing law prohibits the limiting age for dependent
children covered by health care service plan contracts and health
insurance policies from being less than 26 years of age with respect
to plan or policy years beginning on or after September 23, 2010,
except for certain group contracts and policies for plan or policy
years beginning before January 1, 2014, as specified. Existing law
requires plans and insurers to provide certain dependents who have
lost or been denied coverage an opportunity to enroll, as specified.
 
   This bill would exempt from those dependent coverage requirements
health care service plans or health insurance policies that provide
only excepted benefits and retiree-only plans or policies. 

   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  2/3  majority  . Appropriation:
 no   yes  . Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    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. 2.    Section 2786 of the   Business
and Professions Code   is amended to read: 
   2786.  (a) An approved school of  nursing  
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  or is affiliated with 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 or associate of science
degree. An approved school of nursing that is not an institution of
higher education shall make an agreement with an institution of
higher education in the same general location 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.  
arts, associate of science, or baccalaureate degree or an
entry-level master's degree, and is an institution that is 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.  
   (b) 
    (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 
encourage   require  all schools to provide
clinical instruction in all phases of the educational process.

   (c) 
   (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. 3.    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 Private
Postsecondary Education to ensure compliance with these provisions,
including the handling of student complaints regarding these approved
schools of nursing. 
   SEC. 4.    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. 5.    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
 as an accredited school  by the board. 
   (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.  
   This 
    (d)     This  section is not
applicable to schools conducted under Section 2789 of this chapter.
All matter omitted in this version of the bill appears in the bill as
introduced in the Senate, January 24, 2011. (JR11)