Assembly Bill 890 – Status Update
- NEWS RELEASE: New Nurse Practitioner Application is Now Available
- 103 Nurse Practitioner Application - System Update
As part of the 103 NP application process, completion of the transition to practice requirement must be attested to by a physician and surgeon that practices in the same specialty area or category in which the NP is seeking certification as a 103 NP. The 103 NP applicant is asked to enter information about the attestor and an email is then sent to the physician and surgeon requesting their attestation of the information that was entered.
It has been brought to the Board’s attention that the 103 NP application does not currently allow an Osteopathic physician and surgeon to provide that attestation. The Board is working to fix this system glitch and is anticipating it will be remedied by the first part of March. We will send out a notice to all NP licensees once the system update is complete. If your attesting provider is an Osteopathic physician and surgeon, we kindly ask that you hold off submitting your application until you receive that notification.
For NPs who have already submitted their application and designated an Osteopathic physician and surgeon to attest to your hours, please be aware that your application will not be able to move forward with the information that you currently have inputted as it does not correctly identify the Osteopathic physician and surgeon 20A license type and misidentifies them as a Medical physician and surgeon. We ask that you submit the “Add Additional Nurse Practitioner Providers” application with the appropriate information in March once the system fix has been implemented.
We apologize for the inconvenience and appreciate your patience as we continually work to improve this new process.
- NEWS RELEASE: New Nurse Practitioner Certifications Coming to California in 2023
- Assembly Bill 890 Implementation: Frequently Asked Questions
- Assembly Bill 890 Resources
In September 2020, Governor Gavin Newsom signed Assembly Bill (AB) 890 (Wood, Chapter 265, Statutes of 2020) into law which created two new categories of Nurse Practitioners (NPs) that can function within a defined scope of practice without standardized procedures.
These new categories of NPs are:
- 103 NP – Works under the provisions outlined in Business and Profession Code Section 2837.103. This NP works in a group setting with at least one physician and surgeon within the population focus of their National Certification
- 104 NP – Works under the provisions outlined in Business and Professions Code Section 2837.104. This NP may work independently within the population focus of their National Certification.
The Board of Registered Nursing (Board) is proud to announce that a new 103 Nurse Practitioner (NP) application is now available in BreEZe.
To access the 103 NP application and view step by step instructions, please visit the following website: https://rn.ca.gov/applicants/ad-pract.shtml and scroll down to the heading titled, “Nurse Practitioner Practicing Without Standardized Procedures in a Group Setting (103 NP).”
Please note, the law requires an NP to first work as a 103 NP in good standing for at least 3 years prior to becoming a 104 NP. Therefore, the application to become a 104 NP will not be available until 2026.
For questions about the 103 NP application, please contact the Board’s Licensing Division at: firstname.lastname@example.org.
For questions, about the 103 NP scope of practice, please contact the Board’s Nursing Education Consultants at: NEC.BRN@dca.ca.gov.
Assembly Bill 890 Implementation FAQs
- What is AB 890?
In September 2020, Governor Gavin Newsom signed Assembly Bill (AB) 890 (Wood, Chapter 265, Statutes of 2020) into law which created two new categories of Nurse Practitioners (NPs) that could function within a defined scope of practice without standardized procedures. The bill also defined education, training, national certification, regulatory, and medical staff governance requirements for these two NP categories.
- What are the New NP Categories?
The two new categories established under AB 890 are commonly referred to as 103 NPs and 104 NPs. While they do not significantly extend or alter the current NPs scope of practice, the new categories do have additional authority to work without standardized procedures.
- A 103 NP will work under the provisions outlined in Business and Profession Code Section 2837.103. This new category of NP can work without standardized procedures, in a group setting with at least one physician and surgeon, within the population focus of their National Certification.
- A 104 NP will work under the provisions outlined in Business and Professions Code Section 2837.104. This new category of NP may work without standardized procedures, outside of a group setting, within the population focus of their National Certification.
- How were the AB 890 regulations developed? Are they finished?
The Board conducted widespread outreach and engagement prior to developing the proposed regulatory language to implement AB 890. Extensive and frequent input was received from Board members, advisory committee members, and community stakeholders.
The regulatory language to implement AB 890 has been approved by the Office of Administrative Law and will go into effect January 1, 2023. More information on the regulations can be found here: BRN Approved Regulations.
- Can I begin practicing independently as an NP immediately in January 2023?
No. All NPs who wish to practice without standardized procedures, must apply to the BRN for a special certification before they can do so. This new authority is not automatically granted to all NPs in California on January 1st.
Furthermore, the law requires a licensee to first work as a 103 NP in good standing for at least 3 years prior to becoming a 104 NP. Consequently, the Board is only able to certify 103 NPs at this time and will not be able to certify 104 NPs until 2026.
- How do I apply to become a 103 NP?
A new 103 NP BreEZe application is scheduled for release in January. The new automated application uses a streamlined approach to ensure quick processing times.
An electronic notification will be sent out to all NPs in California once the application is live, so we strongly encourage licensees to check their email routinely over the next few weeks.
- What are the eligibility requirements to become a 103 NP?
According to Business and Profession Code Section 2837.103, the following criteria must be met to become a 103 NP:
- Has been certified as an NP by the California Board of Registered Nursing.
- Holds a National Certification in a recognized population focus consistent with 16 CCR 1481 by a national certifying body accredited by the National Commission for Certifying Agencies or the American Board of Nursing Specialties and recognized by the Board.
- Has completed a transition to practice within the category of your National Certification in California of a minimum of three full-time equivalent years of practice or 4600 hours within 5 years of the date of your application.
- What is a transition to practice?
According to Business and Professions Code 2837.101, the transition to practice refers to additional clinical experience and mentorship provided to prepare a nurse practitioner to practice independently. This includes, but is not limited to, managing a panel of patients, working in a complex health care setting, interpersonal communication, interpersonal collaboration and team-based care, professionalism, and business management of a practice.
The transition to practice eligibility requirement is defined as 4600 hours or three full-time equivalent years of clinical practice experience and mentorship that are:
- Completed in California.
- Completed within five years prior to the date the applicant applies for certification as a 103 NP.
- Completed after certification by the Board of Registered Nursing as an NP.
- Completed in direct patient care in the role of an NP in the category listed in 16 CCR Section 1481(a) in which the applicant seeks certification as a 103 NP.
- How does the Board verify an applicant has completed their transition to practice?
When the new application is released to become a 103 NP, the 103 NP applicant will provide proof of completion of a transition to practice by submitting to the Board information of the provider(s) who oversaw and provided the mentorship during the transition to practice period. The Board will then send an email to the provider(s) listed asking for an attestation. These providers must be competent in the same specialty area or category listed in 16 CCR Section 1481(a) in which the applicant seeks as a 103 NP.
The attestor cannot have a familiar or financial relationship with the applicant and will be attesting to the applicant’s completion of the transition to practice requirement under penalty of perjury.
- Can a 103 NP or 104 NP work in any content area without standardized procedures?
No. A NP can only become certified as a 103 NP or 104 NP and practice without standardized procedures in whichever of the six NP categories outlined in 16 CCR 1481(a) that they received their education and training in, hold a national certification in and completed their transition to practice clinical experience in. Those categories are as follows:
- Family/individual across the lifespan;
- Adult-gerontology, primary care or acute care;
- Pediatrics, primary care or acute care;
- Women's health/gender-related;
- Psychiatric-Mental Health across the lifespan.
- Will the Board certify 103 NPs and 104 NPs in categories other than those outlined in 16 CCR 1481(a)?
According to Business and Professions Code Section 2837.103(a)(1)(B) and Section 2837.104(b), a 103 or 104 NP must hold a certification from a national certifying body accredited by the National Commission for Certifying Agencies or the American Board of Nursing Specialties and recognized by the Board. Under the Advanced Practice Registered Nursing Consensus Model, licensure occurs at the level of the population foci, as core competencies are aligned with role/population foci. Therefore, NPs who wish to progress to a 103 or 104 can only do so in whichever of the six NP categories outlined in 16 CCR 1481(a) in which they received their national certification in.
While there are other certifications, such as an Emergency NP or a Dermatology NP, they are recognized by the Board as a specialty practice area and not a population focus. They do not replace the national certification and do not expand the scope of practice beyond the role or population. Consequently, the Board cannot grant a 103 or 104 NP status in additional specialty areas.
However, the Board is open to future discussions and potential rulemaking action(s) to address the inclusion of specialty practice areas within 16 CCR 1481(a).
- Can I open an independent practice as a 104 NP?
Yes. After 2026, when approved by the Board to become a 104NP, a 104 NP can practice without standardized procedures outside of a group setting. However, they cannot practice beyond the scope of their clinical and professional education and training, including specific areas of concentration. A 104 NP can only practice within the limits of their knowledge and experience and national certification.
In addition, Business and Professions Code 2837.104(c) requires a 104 NP to conduct a certain level of consultation, collaboration, and referral to other healing arts providers based on the clinical condition of the patient receiving care.
- How can an employer, patient, or any interested party verify whether a licensee has been certified by the Board as a 103 NP or 104 NP?
Once certified by the Board, an individual’s authority to practice as a 103 NP or 104 NP will be displayed along with their RN license status through DCA’s License Search. The DCA License Search is an online search tool that is available to the public and is used to verify a professional license issued by the various Boards and Bureaus under DCA.
To view this search tool, please visit: DCA License Search
Assembly Bill 890 Resources
- OPES Occupational Analysis for Nurse Practitioners (AB 890)
- BRN’s Proposed Regulations to Implement AB 890
- Overview of Assembly Bill (AB) 890 - Presentation by Reza Pejuhesh, Board Legal Counsel
- AB 890 Bill Text
- August 4, 2021 - Board Meeting AB 890 Discussion:
Agenda Item 5.4.1 - Part 1 | Agenda Item 5.4.1 - Part 2
- February 17, 2021 - Board Meeting: AB 890 Implementation Plan
- December 3, 2020 - APRN Advisory Committee Meeting AB 890 Discussion:
Agenda Item 6.0 | Meeting Minutes
- November 18, 2020 - Board Meeting AB 890 Discussion:
AB 890 Implementation Guidance | Regular Rulemaking Process - DCA Boards/Bureaus
Agenda Item 9.4 | Agenda Item 13.0