2014 Legislative Updates
During the 2013-2014 Legislative Session, many bills of general interest to the Board or those having potential impact on the administration of the Board were followed. Although these bills address many subjects, each affects registered nursing in some way. The Board followed forty-nine(49) bills of which twenty-two (22) were signed into law by the Governor, three (3) bills were vetoed, and twenty-four (24) failed in committees or were no longer applicable to the Board. The following is a brief description of those bill followed by the Board that were chaptered. Unless otherwise stated, the statutes of 2013 became effective January 1, 2014, and the statutes of 2014 become effective January 1, 2015.
For additional information, please refer to www.leginfo.ca.gov.
- AB 154 (Atkins) - Abortion
- AB 186 (Maienschein) - Professions and vocations: military spouses: temporary licenses
- AB 361 (Mitchell) - Medi-Cal: health homes for Medi-Cal enrollees
- AB 512 (Rendon) - Healing arts: licensure exemption
- AB 548 (Salas) - Public postsecondary education: community college registered nursing programs
- AB 633 (Salas) - Emergency medical services: civil liability
- AB 809 (Logue) - Healing arts: telehealth
- AB 1057 (Medina) - Professions and vocations: licenses: military service
- AB 1841 (Mullin) - Medical assistants
- AB 2102 (Ting) - Licensees: data collection
- AB 2247 (Williams) - Postsecondary education: accreditation documents
- AB 2396 (Bonta) - Convictions: expungement: licenses
- AB 2720 (Ting) - State agencies: meetings: record of action taken
- AB 2736 (Committee on Higher Education) - Postsecondary education: California State University
- SB 271 (Hernandez, E.) – Associate Degree Nursing Scholarship Program
- SB 352 (Pavley) - Medical assistants: supervision
- SB 440 (Padilla) – Public postsecondary education: Student Transfer Achievement Reform Act
- SB 809 (DeSaulnier) - Controlled substances: reporting
- SB 850 (Block) - Public postsecondary education: community college districts: baccalaureate degree pilot program
- SB 911 (Block) - Residential care facilities for the elderly
- SB 1159 (Lara) - Professions and vocations: license applicants: individual tax identification number
- SB 1266 (Huff) - Pupil health: epinephrine auto-injectors
- SB 1299 (Padilla) – Workplace violence prevention plans: hospitals
AB 154 (Atkins)
Chapter 662, Statutes of 2013
Abortion (Link to AB 154)
AB 154 makes it a public offense, punishable by a fine not exceeding $10,000 or imprisonment, or both, for a person to perform an abortion if the person does not have a valid license to practice as a physician and surgeon, except that it would not be a public offense for a person to perform an abortion by medication or aspiration techniques in the first trimester of pregnancy if he or she holds a license or certificate authorizing him or her to perform the functions necessary for an abortion by medication or aspiration techniques. The bill requires a nurse practitioner, certified nurse-midwife, or physician assistant to complete training, as specified, and to comply with standardized procedures or protocols, as specified, in order to perform an abortion by aspiration techniques, and would indefinitely authorize a nurse practitioner, certified nurse-midwife, or physician assistant who completed a specified training program and achieved clinical competency to continue to perform abortions by aspiration techniques. The bill deletes the references to a nonsurgical abortion and would delete the restrictions on assisting with abortion procedures. The bill also makes technical, nonsubstantive changes.
AB 186 (Maienschein)
Chapter 640, Statutes of 2014
Professions and vocations: military spouses: temporary licenses (Link to AB 186)
AB 186 establishes a temporary licensure process for specified licensed professions for an applicant who holds a current, active, and unrestricted license in another jurisdiction, as specified, and who supplies satisfactory evidence of being married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in California under official active duty military orders. The bill requires a temporary license issued pursuant to these provisions to expire 12 months after issuance, upon issuance of an expedited license, or upon denial of the application for expedited licensure by the board, whichever comes first.
AB 361 (Mitchell)
Chapter 642, Statutes of 2013
Medi-Cal: health homes for Medi-Cal enrollees (Link to AB 361)
AB 361 authorizes the department, subject to federal approval, to create a health home program for enrollees with chronic conditions, as prescribed, as authorized under federal law. The bill provides that those provisions shall not be implemented unless federal financial participation is available and additional General Fund moneys are not used to fund the administration and service costs, except as specified. The bill requires the department to ensure that an evaluation of the program is completed, if created by the department, and it requires that the department submit a report to the appropriate policy and fiscal committees of the Legislature within 2 years after implementation of the program.
AB 512 (Rendon)
Chapter 111, Statutes of 2013
Healing arts: licensure exemption (Link to AB 512)
AB 512 deletes the January 1, 2014, date of repeal, and instead allows the exemption to operate until January 1, 2018.
AB 548 (Salas)
Chapter 203, Statutes of 2014
Public postsecondary education: community college registered nursing programs (Link to AB 548)
AB 548 extends the operation of these provisions related to community college nursing programs until January 1, 2020, and requires the Chancellor of the California Community Colleges to submit a report on or before March 1, 2015, and annually thereafter to the Legislature and the Governor that examines and includes, but is not necessarily limited to, specified information on nursing students admitted through the multicriteria screening process.
AB 633 (Salas)
Chapter 591, Statutes of 2013
Emergency medical services: civil liability (Link to AB 633)
AB 633 prohibits an employer from having a policy of prohibiting an employee from providing voluntary emergency medical services, including, but not limited to, cardiopulmonary resuscitation, in response to a medical emergency, except as specified. The bill states that these provisions do not impose any express or implied duty on an employer to train its employees regarding emergency medical services or cardiopulmonary resuscitation.
AB 809 (Logue)
Chapter 404, Statutes of 2014
Healing arts: telehealth (Link to AB 809)
AB 809 requires the health care provider initiating the use of telehealth to obtain verbal or written consent from the patient for the use of telehealth, as specified. The bill requires that health care provider to document the consent.
AB 1057 (Medina)
Chapter 693, Statutes of 2013
Professions and vocations: licenses: military service (Link to AB 1057)
AB 1057 requires each board, commencing January 1, 2015, to inquire in every application for licensure if the individual applying for licensure is serving in, or has previously served in, the military.
AB 1841 (Mullin)
Chapter 333, Statutes of 2014
Medical assistants (Link to AB 1841)
AB 1841 specifies that the “technical supportive services” a medical assistant may perform in those California State Board of Pharmacy licensed facilities also includes handing to a patient a properly labeled and prepackaged prescription drug, other than a controlled substance, ordered by a licensed physician and surgeon, a licensed podiatrist, a physician assistant, a nurse practitioner, or a certified nurse-midwife, as specified.
AB 2102 (Ting)
Chapter 420, Statutes of 2014
Licensees: data collection (Link to AB 2102)
AB 2102 requires the board to collect and report specific demographic data relating to its licensees, subject to a licensee's discretion to report his or her race or ethnicity, to the Office of Statewide Health Planning and Development. The bill requires the board to collect this data at least biennially, at the times of both issuing an initial license and issuing a renewal license.
AB 2247 (Williams)
Chapter 388, Statutes of 2014
Postsecondary education: accreditation documents (Link to AB 2247)
AB 2247 requires each campus within the University of California, the California State University, and the California Community Colleges or Private postsecondary educational institutions and independent institutions of higher education constitute that receives public funding through state or federal financial aid programs, is accredited by an accrediting agency recognized by the United States Department of Education, and offers education and training programs to California students to make final accreditation documents available to the public via the institution’s Internet Web site.
AB 2396 (Bonta)
Chapter 737, Statutes of 2014
Convictions: expungement: licenses (Link to AB 2396)
AB 2396 prohibits a board from denying a license based solely on a conviction that has been dismissed pursuant to the above provisions. The bill requires an applicant who has a conviction that has been dismissed pursuant to the provisions of the bill to provide proof of the dismissal.
AB 2720 (Ting)
Chapter 510, Statutes of 2014
State agencies: meetings: record of action taken (Link to AB 2720)
AB 2720 requires a state body to publicly report any action taken and the vote or abstention on that action of each member present for the action.
AB 2736 (Committee on Higher Education)
Chapter 511, Statutes of 2014
Postsecondary education: California State University (Link to AB 2736)
AB 2736 deletes the requirement that the evaluation of the Doctor of Nursing Practice degree pilot program include information regarding public school and community college program partners, makes other nonsubstantive changes to these provisions, and would repeal these provisions on January 1, 2021. The bill deletes the requirement that the evaluation include information regarding public school and community college program partners and would repeal these provisions on January 1, 2021.
SB 271 (Hernandez, E.)
Chapter 384, Statutes of 2013
Associate Degree Nursing Scholarship Program (Link to SB 271)
SB 271 extends the operation of this program indefinitely and would require the office to post A.D.N. Scholarship Program statistics and updates on its Internet Web site. The bill makes related technical changes.
SB 352 (Pavley)
Chapter 286, Statutes of 2013
Medical assistants: supervision (Link to SB 352)
SB 286 deletes the requirement that the services performed by the medical assistant be in a specified clinic when under the specific authorization of a physician assistant, nurse practitioner, or certified nurse-midwife. The bill prohibits a nurse practitioner, certified nurse-midwife, or physician assistant from authorizing a medical assistant to perform any clinical laboratory test or examination for which the medical assistant is not authorized, as specified, a violation of which would constitute unprofessional conduct. The bill deletes several obsolete references and make other clarifying, conforming, technical, and nonsubstantive changes.
SB 440 (Padilla)
Chapter 720, Statutes of 2013
Public postsecondary education: Student Transfer Achievement Reform Act (Link to SB 440)
SB 440 expresses findings and declarations of the Legislature relating to timely progression from lower division coursework to degree completion. The bill requires community colleges to create an associate degree for transfer in every major and area of emphasis offered by that college for any approved transfer model curriculum, as prescribed, thereby imposing a state-mandated local program. The bill requires California State University campuses to accept transfer model curriculum-aligned associate degrees for transfer in every major and concentration offered by that California State University, as specified. The bill provides that the guarantee of admission for those community college students described above includes admission to a program or major and concentration that is either similar to the student's community college transfer model curriculum-aligned associate degree for transfer or may be completed with 60 semester units of study beyond that degree for transfer, the determinations to be made by the campus to which the student is admitted. The bill requires the California State University to develop an admissions redirection process for students admitted pursuant to the Student Transfer Achievement Reform Act who apply for admission to the California State University, but are not accepted into the campuses specifically applied to. The bill requires the California Community Colleges and the California State University, in consultation with specified parties, to develop a student-centered communication and marketing strategy in order to increase the visibility of the associate degree for transfer pathway for all students in California. To the extent that this provision would create new duties for community college districts, it would constitute a state-mandated local program.
SB 809 (DeSaulnier)
Chapter 400, Statutes of 2013
Controlled substances: reporting (Link to SB 809)
SB 809 establishes the CURES Fund within the State Treasury to receive funds to be allocated, upon appropriation by the Legislature, to the Department of Justice for the purposes of funding CURES, and would make related findings and declarations. The bill, beginning April 1, 2014, requires an annual fee of $6 to be assessed on specified licensees, including licensees authorized to prescribe, order, administer, furnish, or dispense controlled substances, and require the regulating agency of each of those licensees to bill and collect that fee at the time of license renewal. The bill authorizes the Department of Consumer Affairs to reduce, by regulation, that fee to the reasonable cost of operating and maintaining CURES for the purpose of regulating those licensees, if the reasonable regulatory cost is less than $6 per licensee. The bill requires the proceeds of the fee to be deposited into the CURES Fund for the support of CURES, as specified. The bill permits specified insurers, health care service plans, qualified manufacturers, and other donors to voluntarily contribute to the CURES Fund, as described. The bill requires the board to periodically develop and disseminate to each licensed physician and surgeon and to each general acute care hospital in California information and educational materials relating to the assessment of a patient's risk of abusing or diverting controlled substances and information relating to CURES. The bill requires, by January 1, 2016, or upon receipt of a federal Drug Enforcement Administration registration, whichever occurs later, health care practitioners authorized to prescribe, order, administer, furnish, or dispense controlled substances, as specified, and pharmacists to apply to the Department of Justice to obtain approval to access information stored on the Internet regarding the controlled substance history of a patient under their care. The bill requires the Department of Justice, in conjunction with the Department of Consumer Affairs and certain licensing boards, to, among other things, develop a streamlined application and approval process to provide access to the CURES database for licensed health care practitioners and pharmacists. The bill makes other related and conforming changes.
SB 850 (Block)
Chapter 747, Statutes of 2014
Public postsecondary education: community college districts: baccalaureate degree pilot program (Link to SB 850)
SB 850 would, commencing January 1, 2015, authorizes the board of governors, in consultation with the California State University and the University of California, to establish a statewide baccalaureate degree pilot program at not more than 15 community college districts, with one baccalaureate degree program each, to be determined by the chancellor and approved by the board of governors. The bill prohibits each participating district from offering more than one baccalaureate degree program within the district, as specified. The bill requires a district baccalaureate degree pilot program to commence by the beginning of the 2017-2018 academic year, and would require a student participating in a baccalaureate degree pilot program to complete his or her degree by the end of the 2022-23 academic year. The bill requires participating community college districts to meet specified requirements, including, but not limited to, offering baccalaureate degree programs and program curricula not offered by the California State University or the University of California, and in subject areas with unmet workforce needs, as specified. The bill requires the governing board of a participating community college district to submit certain items for review by the chancellor and approval by the board of governors, including, among other things, the administrative plan for the baccalaureate degree pilot program and documentation of consultation with the California State University and the University of California. The bill provides that the Legislative Analyst’s Office shall conduct both a statewide interim evaluation and a statewide final evaluation of the statewide final evaluation of the statewide baccalaureate degree pilot program implemented under this article, as specified, and report to the Legislature and Governor, in writing, the results of the interim evaluation on or before July 1, 2018, and the results of the final evaluation on or before July 1, 2022. The bill provides that on or before March 31, 2015, the board of governors shall develop, and adopt by regulation, a funding model for the support of the statewide baccalaureate degree pilot program, as specified. The bill makes these provisions inoperative on July 1, 2023 and would repeal the provisions on January 1, 2024.
SB 911 (Block)
Chapter 705, Statutes of 2014
Residential care facilities for the elderly (Link to SB 911)
SB 911 contains numerous provisions related specifically to the operation of these facilities by the Department of Social Services. The bill deletes the provisions that relate to oversight by an RN or for RNs to be on call if the facility accepts residents with restricted or prohibited health conditions. The bill requires the facility to ensure that residents receive home health or hospice services sufficient in scope and hours by appropriately skilled professionals, acting within their scope of practice, to ensure that residents receive medical care as prescribed by the resident’s physician and contained in the resident’s service plan. The bill defines an “appropriately skilled professional” as an individual who has training and is licensed to perform the necessary medical procedures prescribed by a physician, which includes, but is not limited to, a registered nurse, licensed vocational nurse, physical therapist, occupational therapist, or respiratory therapist. The bill will revise the training and continuing training for licensees and administrators of the facility and of the staff providing direct care. The bill makes revisions to the training and continued training requirements for licensees and administrators of residential care facilities for the elderly, including for those who provide direct care to residents with dementia or to those with postural supports, restricted health conditions or health services, or who receive hospice care. The bill requires that no licensee, or officer or employee of the licensee, shall discriminate or retaliate against any person receiving the services of the licensee’s residential care facility for the elderly, or against any employee of the licensee’s facility, on the basis, or for the reason that, the person, employee, or any other person dialed or called 911. The bill makes its provisions operative on January 1, 2016. The bill revises training and continued training requirements for administrators and staff who provide care in residential care facilities for the elderly. The bill provides that the facility that accepts or retains residents with prohibited health conditions, as defined by the department, assist, rather than ensure, the residents with accessing home health or hospice services by appropriately skilled professionals. The bill provides that an appropriately skilled professional is not required if a resident is providing self-care, as defined by the department, and there is documentation in the resident’s service plan that the resident is capable of providing self-care. The bill modifies provisions related to the hours of classroom instruction for administrators of residential care facilities and adds the requirement for passage of a written test consisting of at least 100 questions. The bill requires facilities to provide training to direct care staff in specified topics prior to the employees caring for the special needs of residents and every year thereafter. The bill as amended further modifies the provisions related to the education of the administrators. The bill prohibits a licensee, or officer or employee, from discriminating or retaliating against any resident or employee on the basis that that person called 911.
SB 1159 (Lara)
Chapter 752, Statutes of 2014
Professions and vocations: license applicants: individual tax identification number (Link to SB 1159)
SB 1159, no later than January 1, 2016, requires those licensing bodies to require an applicant to provide either an individual tax identification number or social security number if the applicant is an individual. The bill requires the licensing bodies to report to the Franchise Tax Board, and subject a licensee to a penalty, for failure to provide that information, as described above. The bill prohibits, except as specified, any entity within the department from denying licensure to an applicant based on his or her citizenship status or immigration status. The bill requires every board within the department to implement regulatory and procedural changes necessary to implement these provisions no later than January 1, 2016, and would authorize implementation at any time prior to that date. The bill makes other conforming changes.
SB 1266 (Huff)
Chapter 321, Statutes of 2014
Pupil health: epinephrine auto-injectors (Link to SB 1266)
SB 1266 requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses and trained personnel who have volunteered, as specified, and would authorize school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. The bill requires school districts, county offices of education, and charter schools to distribute a notice requesting volunteers at least once a year. The bill requires a qualified supervisor of health or administrator at a school district, county office of education, or charter school to obtain the prescription for epinephrine auto-injectors from an authorizing physician and surgeon, as defined, and would authorize the prescription to be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers. The bill requires epinephrine auto-injectors to be stocked and restocked by the qualified supervisor of health or administrator in accordance with specified provisions. By imposing additional duties on local educational agencies, the bill imposes a state-mandated local program. The bill deletes the requirement for creating a plan, would revise the training requirements, and would require the Superintendent to review the minimum standards of training at least every 5 years. The bill requires a school district, county office of education, or charter school to ensure that each employee who volunteers is provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, as specified. The bill authorizes a state agency, the State Department of Education, or a public school to accept gifts, grants, and donations from any source for the support of the public school carrying out these provisions. By requiring local educational agencies to perform additional duties related to epinephrine auto-injectors, the bill imposes a state-mandated local program. The bill authorizes a pharmacy to furnish epinephrine auto-injectors to charter schools pursuant to those provisions.
SB 1299 (Padilla)
Chapter 842, Statutes of 2014
Workplace violence prevention plans: hospitals (Link to SB 1299)
SB 1299 requires the Occupational Safety and Health Standards Board, no later than July 1, 2016, to adopt standards developed by the Division of Occupational Safety and Health that require specified types of hospitals, including a general acute care hospital or an acute psychiatric hospital, to adopt a workplace violence prevention plan as a part of the hospital’s injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior. The bill requires the standards to include prescribed requirements for a plan. The bill requires the division, by January 1, 2017, and annually thereafter, to post a report on its Internet Web site containing specified information regarding violent incidents at hospitals. The bill exempts certain state-operated hospitals from these provisions.