Existing law, the Nursing Practice Act, establishes the Board of Registered Nurses within the Department of Consumer Affairs, until January 1, 2023, for the licensure and regulation of the practice of nursing, and makes a violation of the act a crime. Existing law grants the power to remove, for cause, a member of any board within the department to the appointing authority that appointed that member. Existing law also grants the Governor the power to remove any member of the board from office for cause, as specified. This bill would extend the provisions establishing the board and the power of the board to January 1, 2027. The bill would authorize each appointing power, rather than only the Governor, to remove members of the board for cause, as specified. The bill would also make other nonsubstantive changes. Existing federal law, the Clinical Laboratory Improvement Amendments of 1988 (CLIA) , requires all United States facilities or sites that test human specimens for health assessment or to diagnose, prevent, or treat disease, to abide by specific standards. Existing law authorizes various licensed medical professionals, as specified, to perform provider-performed microscopy, as described, under CLIA, to dispense, furnish, prescribe, and order contraceptives, drugs, and devices, as appropriate, to their patients, and to apply topical medications, as specified. The bill would extend these authorizations to nurse practitioners, as specified. Existing law authorizes the board, with the permission of the Director of Consumer Affairs, to form advisory committees that advise the board on the implementation of the Nursing Practice Act. The Administrative Procedure Act generally governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. This bill would create within the board a Nursing Education and Workforce Advisory Committee, which the bill would require to solicit input from approved nursing programs and members of the nursing and health care profession to study and recommend nursing education standards, simulated clinical experiences, and solutions to workforce issues to the board. The bill would require the committee be comprised of representatives from various sectors of the nursing profession. The bill would limit the terms of these appointments as specified. The bill would authorize the committee to establish subcommittees as specified. The bill would authorize the board to implement, interpret, or make specific the provisions governing the committee in a charter, which would be exempt from the requirements of the Administrative Procedure Act. Existing law specifies that an approved school of nursing, or an approved nursing program, is one that has been approved by the board, gives the course of instruction approved by the board, covering not less than 2 academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education, as specified. Existing law imposes specified duties on the board related to the approval and regulation of schools of nursing and nursing programs, including a requirement that the board prepare and maintain a list of approved schools of nursing in this state whose graduates are eligible to apply for a license to practice nursing. This bill would provide that the board's executive officer is required to develop a uniform method for evaluating requests and granting approvals pursuant to the above-described provisions, as specified, and would require the executive officer to post the uniform method and any revisions on the board's website. The bill would prohibit an institution of higher education or a private postsecondary school of nursing subject to the above-described provisions from paying any clinical agency or facility for clinical experience placements for students enrolled in a nursing program offered by that school of nursing, as specified. By adding a prohibition to the Nursing Practice Act, the violation of which is a crime, this bill would impose a state-mandated local program. This bill would additionally require an approved school of nursing or nursing program to meet a minimum of 500 direct patient care clinical hours, as specified. The bill would authorize an approved school of nursing or nursing program to cover fewer than 2 academic years if approved to providing a course of instruction that prepares a licensed vocational nurse, as specified. This bill would, for approved schools of nursing actively accredited, as specified, require the board to accept continuing approval decisions from the accreditor, approve substantive change requests if approved by the accreditor, and consider limited factors when considering a request to increase enrollment, among other things. The bill would prohibit the board from requiring a fee for substantive changes approved under those provisions. Existing law, until the end of the 2021–22 academic year, and whenever the Governor declares a state of emergency for a county, as provided, requires a board nursing education consultant to approve a request from an approved nursing program to revise certain clinical experience requirements, provided the request meets specified conditions. Existing law authorizes an approved nursing program to request to reduce the required number of direct patient care hours as specified if it meets certain conditions, including using the list of alternative agencies or facilities designated by the facility finder on the Office of Statewide Health Planning and Development website to show no alternative agency or facility has a sufficient number of open placements, as specified. Existing law requires the board's executive officer to develop a uniform method for evaluating those requests and granting approvals. This bill would extend these provisions to the end of the 2023–24 academic year and require the board's executive officer to post the uniform method and any revisions on the board's website. The bill would authorize an approved nursing program to request to reduce the number of direct patient care hours only when it provides more than 500 direct patient care hours and would specify the approved nursing program would use the list of alternative agencies or facilities on the facility finder on the Department of Health Care Access and Information's website. Existing law prescribes various fees, not to subceed or exceed specified amounts, to be paid by licensees and applicants for licensure, and requires these fees to be credited to the Board of Registered Nursing Fund, which is available upon appropriation by the Legislature. Existing law prescribes specified fees for certain approvals by the board of institutions of higher education or a private postsecondary school of nursing approved by the board, and requires these fees not to subceed or exceed certain amounts. Existing law requires these fees to be deposited into the Registered Nurse Education Fund, as specified, which is available upon appropriation by the Legislature. This bill would remove the minimum fee amounts stated for each type of licensure application, as specified. The bill would require fees for certificates, as specified, to be an amount sufficient to cover the reasonable regulatory cost of issuing that certificate. Existing law authorizes a nurse practitioner who meets certain education, experience, and certification requirements to perform, in certain settings or organizations, specified functions without standardized procedures, including prescribing, administering, dispensing, and furnishing pharmacological agents. Existing law, beginning January 1, 2023, also authorizes a nurse practitioner who holds an active certification issued by the board to perform those functions without standardized procedures outside of specified settings in accordance with certain conditions and requirements. Existing law requires a nurse practitioner who is practicing pursuant to those provisions to consult with a physician under specified circumstances and to establish a referral plan for referral of complex medical cases and emergencies that addresses specified situations. This bill would revise the circumstances under which consultation with a physician is required and the situations required to be addressed in the referral plan, including when a patient is acutely decompensating. The bill would impose additional requirements for a nurse practitioner practicing pursuant to the above provisions to prescribe, administer, dispense, and furnish pharmacological agents, including requiring the issuance of a furnishing number by the board. 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.
Sponsored bills
Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, until January 1, 2023, establishes the Speech-Language Pathology Audiology and Hearing Aid Dispensers Board within the Department of Consumer Affairs for the licensure and regulation of speech-language pathologists, speech-language pathology aides, speech language pathology assistants, audiologists, dispensing audiologists, and hearing aid dispensers. Existing law provides for the appointment of members of the board by specified appointing authorities, and, until January 1, 2023, authorizes the board to appoint an executive officer. Existing law authorizes an appointing authority to remove from office at any time any member of a board appointed by the appointing authority for continued neglect of duties, incompetence, or unprofessional or dishonorable conduct. Existing law makes a violation of the act a misdemeanor. This bill would extend the operation of the board and the authorization to appoint an executive officer until January 1, 2027, and would authorize an appointing authority to remove from office at any time any member of the board appointed by that appointing authority. The bill would specify that, in addition to the enforcement and administration of the act, the board is vested with other regulatory duties of the act. The bill would require an applicant, registrant, or licensee under the act who has an email address to provide it to the board no later than July 1, 2023. By expanding the scope of a crime, the bill would impose a state-mandated local program. Existing law establishes the Hearing Aid Dispensing Committee, comprised of 5 members, within the jurisdiction of the board. This bill would abolish the committee. Existing law defines "audiology aide" to mean any person meeting the minimum requirements established by the board. Existing law prohibits an audiology aide from performing any function that constitutes the practice of audiology unless they are under the supervision of an audiologist. This bill would delete that prohibition and would instead define "audiology aide" to mean any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. Existing law requires speech-language pathologists and audiologists supervising speech-language pathology or audiology aides to register with the board the name of each person working under their supervision. This bill would make speech-language pathology and audiology aide registrations expire every 2 years and would require the board to establish a renewal fee in an amount not to exceed $30. The bill would require the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide to, at the time of renewal, update the board on the duties the aide performs and the training program and assessment methods the supervisor is using. Existing law requires an applicant for licensure as an audiologist to submit evidence of satisfactory completion of supervised clinical practice under the direction of an educational institution approved by the board and satisfactory completion of supervised professional experience following completion of the didactic and clinical rotation requirements of an audiology doctoral program. This bill would require the clinical practice to be under the direction of an audiology doctoral program at an educational institution approved by the board, and would delete the requirement that supervised professional experience follow completion of the didactic and clinical rotation requirements of the audiology doctoral program. Existing law requires the board to deem a person who holds a Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Association's Council for Clinical Certification to have met specified educational and experience requirements for licensure as a speech-language pathologist or audiologist. This bill would make that requirement applicable only to licensure as a speech-language-pathologist and effective only until January 1, 2027, and would instead require the board, until January 1, 2027, to deem a person who holds either a valid Certification of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Association's Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met specified educational and experience requirements for licensure as an audiologist. Existing law lists various reasons for which the board is authorized to suspend, revoke, or impose terms and conditions upon the license of any licensee, including incompetence, gross negligence, or repeated negligent acts. This bill would add specified reasons for which the board is authorized to suspend, revoke, or impose terms and conditions upon a license, including for a disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing. The bill would authorize a person whose license has been revoked, suspended, or who has been placed on probation to petition the board for reinstatement or modification of penalty after a specified minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action in accordance with specified procedural and other requirements. Existing law provides that a plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist is deemed to be a conviction for specified provisions of the act. This bill would also make that provision applicable to hearing aid dispensers. The bill would also make various other conforming and technical changes to the act, including updating cross-references and deleting an obsolete provision. This bill would incorporate additional changes to Section 2530.2 of the Business and Professions Code proposed by SB 1453 to be operative only if this bill and SB 1453 are enacted and this bill is enacted last. 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. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Existing law provides a comprehensive scheme for the certification and regulation of interior designers. Existing law provides that these provisions are repealed on January 1, 2023. This bill would instead repeal those provisions on January 1, 2027. Under existing law, a stamp from an interior design organization certifies that an interior designer has passed a specified examination and has met certain other education or experience requirements. Existing law requires, by September 1, 2008, an interior design organization issuing stamps to provide to the Joint Committee on Boards, Commissions, and Consumer Protection a report that reviews and assesses the costs and benefits associated with the examination and explores feasible alternatives to it. This bill would repeal that reporting requirement.
The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for spouses filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000, as adjusted, or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000, as adjusted, or less. This bill would require the Franchise Tax Board to prepare a written report by April 1, 2023, on the number of taxpayers claiming the credit, and the average credit amount on returns claiming the credit.
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including an exemption for the sale of, or the storage, use, or consumption of, tangible personal property sold by a thrift store located on a military installation and operated by a designated entity, as defined, that, in partnership with the United States Department of Defense, provides financial, educational, and other assistance to members of the Armed Forces of the United States, eligible family members, and survivors that are in need. Existing law provides that this exemption will remain in effect only until January 1, 2024. This bill would remove the exemption's expiration date. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would make findings and declarations in satisfaction of that requirement. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws, as specified. Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding that provision, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to the provisions this bill would impose. This bill would take effect immediately as a tax levy.
This measure would proclaim June 20, 2022, as American Eagle Day to commemorate the anniversary of the bald eagle's selection as the national emblem of the United States of America and would urge Californians to observe the American values, ideals, and attributes symbolized by the American bald eagle.
Existing law provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and for the licensure and regulation by the Osteopathic Medical Board of California of physicians and surgeons who hold certificates subject to its jurisdiction. Existing law requires these boards to establish disciplinary policies and procedures to reflect emerging and innovative medical practices for licensed physicians and surgeons. This bill would require these boards to annually review, and update as necessary, the disciplinary policies and procedures established under this article.
Existing law establishes the Department of Consumer Affairs, which is composed of various boards, and authorizes a board to suspend or revoke a license on the ground that the licensee has been convicted of a crime substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. Existing law, the Medical Practice Act, provides for the licensure and regulation of the practice of medicine by the Medical Board of California and requires the board to post certain historical information on current and former licensees, including felony and certain misdemeanor convictions. Existing law also requires the Medical Board of California, upon receipt of a certified copy of an expungement order from a current or former licensee, to post notification of the expungement order and the date thereof on its internet website. This bill would require a board within the department that has posted on its online license search system that a person's license was revoked because the person was convicted of a crime, within 90 days of receiving an expungement order for the underlying offense from the person, if the person reapplies for licensure or is relicensed, to post notification of the expungement order and the date thereof on its online license search system. The bill would require the board, on receiving an expungement order, if the person is not currently licensed and does not reapply for licensure, to remove within the same period the initial posting on its online license search system that the person's license was revoked and information previously posted regarding arrests, charges, and convictions. The bill would require the board to charge a fee of $25 to the person to cover the reasonable regulatory cost of administering the bill's provisions, unless there is no associated cost. The bill would require the fee to be deposited by the board into the appropriate fund and would make the fee available only upon appropriation by the Legislature.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that the lead agency proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA. CEQA requires the Office of Planning and Research to prepare and develop proposed guidelines for the implementation of CEQA by public agencies and requires the Secretary of the Natural Resources Agency to certify and adopt those guidelines. CEQA requires the office to prepare, develop, and transmit to the secretary for certification and adoption proposed revisions to the guidelines establishing criteria for determining the significance of transportation impacts of projects within transit priority areas, as defined, that promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses. Existing law requires the office to recommend potential metrics to measure transportation impacts, as specified. CEQA authorizes the office to adopt guidelines establishing alternative metrics to the metrics used for traffic levels of service for transportation impacts outside transit priority areas. This bill would require the office, by January 1, 2025, to conduct and submit to the Legislature a study on the impacts and implementation of the guidelines described above relating to transportation impacts. The bill would require the office, upon appropriation, to establish a grant program to provide financial assistance to local jurisdictions for implementing those guidelines.