Health care staffing.

The Employment Agency, Employment Counseling, and Job Listing Services Act, the violation of which is a misdemeanor, regulates the business of employment agencies, including nurses' registries, as defined. Existing law requires an employment agency that refers temporary licensed nursing staff, as defined, to an employer that is a licensed long-term health care facility, as defined, to provide the employer with (1) written verification that the person is in good standing with the Board of Registered Nursing or the Board of Vocational Nursing and Psychiatric Technicians, as applicable, and has successfully secured a criminal record clearance, (2) the individual's professional license and registration number and date of expiration, (3) a statement that the person has had a health examination, as specified, and (4) written verification that the individual referred does not have any unresolved allegations against him or her involving mistreatment, neglect, or abuse of a patient, as specified. Existing law also requires these agencies to adopt policies and procedures regarding prevention of resident or patient abuse by temporary staff. This bill would impose those requirements on an employment agency that refers temporary licensed nursing staff to any health facility, as defined. Existing law requires an employer to report to the Board of Vocational Nursing and Psychiatric Technicians the suspension or termination for cause of any licensed vocational nurse or psychiatric technician in its employ. This bill would require an employment agency to report to the board the suspension or termination for cause by a health facility of a licensed vocational nurse or psychiatric technician referred to the facility by the agency. When a health facility makes that report to the board regarding one of the above-described licensed persons, who was referred to that health facility by an employment agency, the bill would require the health facility to send a copy of the report to that employment agency. The bill would also make conforming changes. The bill would authorize the imposition of civil penalties of up to $5,000 for each violation, and up to $10,000 for each willful or knowing violation, of the bill's provisions. Because this bill would establish additional requirements under the act, the violation of which would be a misdemeanor, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.