1. Home
  2. Practice
  3. AB 890

Assembly Bill 890
(Wood, Chapter 265, Statutes of 2020)

Board of Registered Nursing Implementation

General Information

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 (NP) 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.

Application Information

The Board of Registered Nursing is proud to announce the 103 NP application is now live in BreEZe.

To access the application and view step by step instructions, please visit the following website: Advanced Practice and Public Health Nurse Certification and scroll down to the heading titled, Nurse Practitioner Practicing Without Standardized Procedures in a Group Setting (103 NP).

Please note, 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.

Frequently Asked Questions

Laws and Regulations
  • 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 is the difference between statute and regulations?

    Statutes, also referred to as codes, are laws that are written and passed by the Legislature and signed by the Governor (or approved by the voters as a ballot measure). Regulations, also referred to as rules, are written by state agencies (e.g., Board of Registered Nursing), approved by the Office of Administrative Law and filed with the Secretary of State. Regulations are drafted to implement, interpret, or make specific the statute. Both statutes and regulations carry the force of law.

    Most of the Board’s statutes are housed within the Business and Professions Code (BPC). The statutory requirements of AB 890 are listed under Division 2, Chapter 6, Article 8.5 of the BPC.

    Most of the Board’s regulations are housed within Title 16 of the Code of California Regulations (CCR). The regulatory requirements of AB 890 are listed under Title 16, Division 14, Article 8 of the CCR.

  • What are the two 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 BPC 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 BPC 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.

103 NP Eligibility
  • Do I have to become a 103 NP?

    No. A move to a 103 or 104 NP is not required; it is just an option. The traditional role of the NP in California remains. If they wish to, NPs can continue to work under physician supervision with the use of standardized procedures in their existing settings.

    There is also no requirement for facilities to employ 103 NPs and no requirement for NPs to certify as 103 NPs to retain employment. Furthermore, the ability to work under standardized procedures remains whether or not the licensee is a 103 or 104 NP. It is up to each licensee/facility/employer as to the extent the expanded authority is utilized.

  • What are the eligibility requirements to become a 103 NP?

    According to BPC Section 2837.103, the following criteria must be met to become a 103 NP:

    • Is certified as a 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 the 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.
  • Can I become a 103 NP in a category not listed in 16 CCR 1481(a)?

    Not at this time. According to BPC Section 2837.103(a)(1)(B) and BPC 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 NP can only do so in one of the following six NP categories outlined in 16 CCR 1481(a):

    • Family/individual across the lifespan;
    • Adult-gerontology, primary care or acute care;
    • Neonatal;
    • Pediatrics, primary care or acute care;
    • Women's health/gender-related;
    • Psychiatric-Mental Health across the lifespan.

    While there are other certifications, (e.g., Emergency NP and Dermatology NP), those are 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 those specialties.

    This also applies to legacy/retired certifications (e.g., Acute Care NP and Adult NP) which be only be renewed and not newly obtained. These certifications are currently only recognized for licensure. Consequently, the Board cannot grant a 103 or 104 NP status in those legacy/retired certifications.

  • Will NPs that do not meet 103 NP eligibility requirements still need a standardized procedures collaboration agreement?

    Yes, a standard NP must continue to practice under standardized procedures.

  • Can I obtain my national board certification during or after I complete my transition to practice hours?

    Yes, the 103 NP applicant can obtain their national board certification during or after completing the transition to practice (TTP) hours as long as the applicant receives their national certification prior to submitting their 103 NP application to the Board.

Transition to Practice
  • What is a transition to practice?

    According to BPC Section 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.

  • What criteria must the transition to practice experience meet?

    According to BPC Section 2837.103(a)(1), the transition to practice 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 a NP.
    • Completed in direct patient care in the role of a 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?

    As a part of the application process, the applicant will be asked to submit information of the provider(s) who can attest to the completion of the 4,600 hours of the direct patient care hours that meet the TTP requirements. 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. If a complaint about the accuracy of the reported hours or the attestors relationship to the applicant is received, it will be investigated through the Board’s established enforcement process.

  • What will the 103 NP’s mentoring provider have to attest to?

    The mentoring provider(s) identified by the 103 NP applicant as an attestor, will be asked to attest to the following:

    • To their supervision of the 103 NP applicant’s clinical experience providing direct patient care in the area or category in which the applicant is seeking certification, for the number of hours identified by the 103 NP applicant.
    • That they specialize in the same area or category in which the 103 NP applicant seeks certification.
    • That they do not have a familial or financial interest with the 103 NP applicant.
    • That the facts to which they are attesting are correct, under penalty of perjury.
  • Is there any liability associated with providing an attestation on behalf of a 103 NP applicant?

    The attestation form asks the mentoring provider to attest to their supervision of the 103 NP applicant’s clinical experience and mentorship – it does not ask the provider to attest to the NP’s competency. Current law presumes that an NP who has met the TTP requirements and other requirements identified in AB 890 and the corresponding regulations is sufficiently competent to practice without standardized procedures. Since the attestation is not intended to serve as a representation by the attestor as to the 103 NP applicant’s competency, it should not serve as a basis for liability to the attestor in the event that the 103 NP applicant commits negligence, incompetence, or other misconduct. However, the attestation is made under penalty of perjury, and the mentoring provider could face repercussions if they make a false attestation in bad faith.

  • How does the TTP attestation occur?

    Once an NP submits their 103 NP application via the BreEZe online portal and identifies their attestor(s) by license number, the BreEZe system will send a system-generated email to each identified attestor.

    When the attestor(s) clicks on the link provided in the email they will be directed to an online portal where they can review the information provided by the 103 NP applicant including the area in which the 103 NP applicant is seeking certification and the number of TTP hours the applicant performed in that area.

    The attestor can then indicate whether they approve or disapprove (or partially approve) of the 103 NP applicant’s completion of those hours under their supervision. Please note, in this context the term "supervision" does not require constant, direct oversight.

  • Can a Doctor of Osteopathy (DO) attest to the completion of TTP hours?

    Yes, a DO that is certified in the same specialty area in which the 103 NP applicant is seeking certification as a 103 NP can attest to the completion of their TTP hours.

  • Can a 103 NP or 104 NP attest to the completion of TTP hours?

    Yes, a 103 NP or 104 NP who is certified in the same specialty area in which an applicant is seeking certification as a 103 NP can attest to the completion of their TTP hours. However, the 103 NP or 104 NP can only attest to hours that were completed by the applicant after the attestor was certified by the Board as a 103 NP or 104 NP where the NP served as a mentor during the additional clinical experience.

Application Process Practicing as a 103 NP
  • What setting can a 103 NP practice in?

    According to BPC Section 2837.103 (a)(2), a 103 NP may only practice in one of the following settings or organizations in which one or more physicians and surgeons practice with the nurse practitioner without standardized procedures:

  • Can a 103 NP work in any content area without standardized procedures?

    No. A NP can only become certified as a 103 NP and practice without standardized procedures in whichever of the eight NP categories outlined in 16 CCR 1481(a)(1-6) 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;
    • Neonatal;
    • Pediatrics, primary care or acute care;
    • Women's health/gender-related;
    • Psychiatric-Mental Health across the lifespan.
  • Can I be certified as a 103 NP in a specialty other than those listed in 16 CCR 1481(a)?

    Not at this time. According to BPC Section 2837.103(a)(1)(B) and Section 2837.104(b), a 103 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.

    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.

  • How can the public verify if a licensee has been certified as 103 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.

  • Can a 103 NP still practice under standardized procedures?

    A 103 NP is authorized to practice without standardized procedures in specified settings. However, an employer can still require a 103 NP to practice under standardized procedures.

  • What are the consumer notification requirements for 103 NP and 104 NPs?

    The consumer notification requirements are the same for all NPs.

    Except when working in facilities under the California Department of Corrections and Rehabilitation, a NP engaged in providing healthcare services shall do all the following:

    • Prominently post a notice, in at least 48-point Arial font, in a conspicuous location accessible to public view on the premises where the nurse practitioner provides the healthcare services, containing the following information:

      NOTICE
      Nurse practitioners are licensed and regulated by the
      Board of Registered Nursing
      (916) 322-3350
      www.rn.ca.gov

    • Verbally inform all new patients in a language understandable to the patient that a nurse practitioner is not a physician and surgeon. For purposes of Spanish language speakers, the nurse practitioner shall use the standardized phrases "enfermera especializada" or "enfermero especializado."
    • Advise patients that they have the right to see a physician and surgeon on request and the circumstances under which they must be referred to see a physician and surgeon.
  • What happens if a 103 NP’s national board certification expires?

    If their national board certification expires, the NP must immediately begin practicing under standardized procedures. The NP can only resume practicing as a 103 NP without standardized procedures once they have regained their national board certification.

  • Should a 103 NP or 104 NP list any new initials on their academic credentials?

    No, the Board chose not to create additional initials or make any title changes associated with certification as a 103 NP or 104 NP.

104 NP Eligibility
  • How long do I have to work as a 103 NP before I can become a 104 NP?

    According to 16 CCR 1482.4, a 103 NP must practice in good standing for at least three full-time equivalent years or 4600 hours in direct patient care before they can become a 104 NP. The term, “in good standing” means practice conducted under a current, active, and unrestricted license. The term “unrestricted” means the applicant was not subject to a disciplinary action by the Board, including probation, suspension, or public reproval.

    If a 104 NP applicant holds a Doctor of Nursing Practice (DNP), they may apply any hours of direct patient care they provided in the course of their doctoral education toward the three-year requirement mentioned above, so long as the direct patient care experience is in the applicant’s area of National Certification and provided during the doctoral part of the applicant’s doctoral education and not credited towards the applicant’s master’s degree.

Practicing as a 104 NP
  • Can I open an independent practice as a 104 NP?

    Yes. 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, BPC Section 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.

Messages from the BRN

News Releases

Additional Information and Resources

Contact Information

For questions about the AB 890 regulations, please contact the Board’s Regulation Unit at: brn.regulations@dca.ca.gov.

For questions about the 103 NP application, please contact the Board’s Licensing Division at: brn.licensing@dca.ca.gov.

For questions about the 103 NP scope of practice, please contact the Board’s Nursing Education Consultants at: NEC.BRN@dca.ca.gov.