SB 538 California Senate · 2011-2012 Regular Session

Nursing.

Summary
Existing law provides for the regulation of various professions and vocations by regulatory boards within the Department of Consumer Affairs. Existing law creates in the department a Division of Investigation and authorizes the Director of Consumer Affairs to employ investigators, inspectors, and deputies as are necessary to investigate and prosecute all violations of any law the enforcement of which is charged to the department or to any board in the department. Inspectors used by the boards are not required to be employees of the Division of Investigation, but may be employees of, or under contract to, the boards. Investigators of the Division of Investigation and of the Medical Board of California and the Dental Board of California have the authority of peace officers. Those entities are also authorized to employ individuals who are not peace officers to provide investigative services. This bill would extend the application of those provisions to the Board of Registered Nursing. The bill would make conforming changes to related provisions. Existing law, until January 1, 2012, creates within the Department of Consumer Affairs the Board of Registered Nursing, and provides for the board to select an executive director. Under existing law, boards scheduled for repeal are required to be evaluated by the Joint Sunset Review Committee of the Legislature. This bill would extend the operation of these provisions until January 1, 2016, and would specify that the board is subject to review by the appropriate policy committees of the Legislature. The 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 provide 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, requires 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.
Bill status vetoed 4 of 5 stages cleared
Introduction
Feb 2011
Committee Review
Sep 2011
Senate Passage
Jun 2011
Assembly Passage
Sep 2011
Vetoed
Mar 2012
Introduced Feb 17, 2011 Vetoed Mar 1, 2012
Floor votes · Senate Jun 2, 2011 · Assembly Sep 1, 2011

How they voted

30–5
Passed · 4 other
Total votes 39
Jun 2, 2011
D Democratic24
24 Yea
100% Yea
R Republican15
6 Yea 5 Nay 4
40% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
36
Key actions
7
Committee
8
Amendments
3
Mar 1, 2012
Vetoed
Veto sustained.
upper
Mar 1, 2012
Vetoed
Consideration of Governor's veto stricken from file.
upper
Oct 9, 2011
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Oct 9, 2011
Vetoed
Vetoed by the Governor.
upper
Sep 7, 2011
Upper · Passed
Assembly amendments concurred in. (Ayes 31. Noes 5. Page 2334.) Ordered to engrossing and enrolling.
upper
Sep 2, 2011
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 1, 2011
Assembly · Passed
Assembly Vote: pass (51-25-3)
assembly
Aug 26, 2011
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 5.) (August 25).
lower
Aug 17, 2011
Committee
Set, first hearing. Referred to APPR. suspense file.
lower
Jul 6, 2011
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 5). Re-referred to Com. on APPR.
lower
Jun 13, 2011
Committee
Referred to Com. on B., P. & C.P.
lower
Jun 2, 2011
Senate · Passed
Senate Vote: pass (30-5-4)
senate
May 31, 2011
Upper · Passed
From committee: Do pass as amended. (Ayes 6. Noes 2. Page 1119.) (May 26).
upper
May 9, 2011
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1. Page 848.) (May 2).
upper
Apr 11, 2011
Upper · Passed
Hearing postponed by committee.
upper
Mar 24, 2011
Committee
Re-referred to Com. on B., P. & E.D.
upper
Mar 3, 2011
Committee
Referred to Com. on RLS.
upper
Feb 17, 2011
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
CD
Curren D Price
DDemocratic
CA
26