Bill Text: CA SB122 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
BILL NUMBER: SB 122 AMENDED BILL TEXT AMENDED IN SENATE JANUARY 10, 2012 AMENDED IN SENATE JANUARY 4, 2012 INTRODUCED BY Senator Price JANUARY 24, 2011 An act to amend Sections 2709, 2786, and 2798 of, and to add 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. 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. Vote: majority. Appropriation: yes. Fiscal committee: 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, 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. 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, 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.(d)(c) 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 require all schools to provide clinical instruction in all phases of the educational process.(e)(d) 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 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.(b) If the board has a reasonable belief, either by complaint or otherwise, that a school is allowing students to apply for its nursing program and that nursing program does not have the approval of the board, the board shall immediately order the school to cease and desist from offering students the ability to enroll in its nursing program. The board shall also notify the Attorney General's office that the school is offering students the ability to enroll in a nursing program that does not have the approval of the board. (c) It shall be unprofessional conduct for any registered nurse to violate or attempt to violate, either directly or indirectly, or to assist or abet the violation of, this section. (d) This section is not applicable to schools conducted under Section 2789 of this chapter.