| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1364Introduced by Assembly Member Blanca RubioFebruary 22, 2019 An act to amend Section 2786 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 1364, as amended, Blanca Rubio. Nursing: schools and programs: analysis.The Nursing Practice Act provides for the licensure and regulation of registered nurses by the Board of Registered Nursing within the Department of Consumer Affairs. The act requires the board to perform an analysis of the practice of the registered nurse no less than every five years. The act requires an approved school of nursing or program of nursing to provide a course of instruction approved by the board, covering not less than 2 academic years, be affiliated or conducted in connection with one or more hospitals, and be an institution of higher education. Existing law grants the board the authority to determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse. This bill would exempt an approved school of nursing or approved nursing program that is accredited and maintains accreditation through a national nursing accrediting agency recognized by the United States Department of Education and maintains a minimum pass rate of 80% on the applicable licensing examination from board regulations or rules that oversee education programming and that require ongoing program approval. This bill would exempt an approved school of nursing or approved nursing program from the requirement of obtaining board approval or authorization to regulate, impose fees, or otherwise control the enrollment of students, or to regulate or otherwise control partnerships between approved schools, programs, and clinical facilities. The bill would also specify that an approved school of nursing or approved nursing program is not required to obtain board approval or authorization to hire faculty or to provide up to 50% of clinical instruction as computer-based simulation. The bill would further provide that an approved school of nursing or approved nursing program is not required to obtain board approval or to pay a fee to provide for certain clinical experiences or placements, as specified.This bill would require the board to perform the analysis of the practice of the registered nurse no less than every six years. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2786 of the Business and Professions Code is amended to read:2786. (a) 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 two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, institution of higher education includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level masters degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code).(b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved.(c) The board shall determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse and shall include the minimum units of theory and clinical experience necessary to achieve essential clinical competency at the entry level of the registered nurse. The boards regulations shall be designed to require all schools to provide clinical instruction in all phases of the educational process, except as necessary to accommodate military education and experience as specified in Section 2786.1.(d) An approved school of nursing or an approved nursing program that meets both of the following criteria is exempt from board regulations or rules that oversee education programming, as described in subdivision (c), and that require ongoing program approval:(1) Is accredited and maintains accreditation through a national nursing accrediting agency recognized by the United States Department of Education.(2) Maintains a minimum pass rate of 80 percent on the applicable licensing examination under this chapter.(d)(e) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every six five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing.(f) An approved school of nursing or approved nursing program shall not be required to obtain board approval or authorization to do any of the following:(1) Regulate, impose fees, or otherwise control the enrollment of students.(2) Regulate or otherwise control partnerships between approved schools of nursing or approved nursing programs and approved clinical facilities.(3) Hire faculty.(4) Provide up to 50 percent of clinical instruction as computer-based simulation.(g) In addition to the prohibitions in subdivision (f), an approved school of nursing or an approved nursing program shall not be required to obtain board approval or authorization, and shall not be required to pay a fee to provide clinical experiences or clinical placements to students at a location already approved by the board for that school or program, or for a different school of nursing or approved nursing program, if the program staff of the location confirm that the new clinical experiences or clinical placements will not displace existing student clinical experiences or clinical placements. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1364Introduced by Assembly Member Blanca RubioFebruary 22, 2019 An act to amend Section 2786 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 1364, as amended, Blanca Rubio. Nursing: schools and programs: analysis.The Nursing Practice Act provides for the licensure and regulation of registered nurses by the Board of Registered Nursing within the Department of Consumer Affairs. The act requires the board to perform an analysis of the practice of the registered nurse no less than every five years. The act requires an approved school of nursing or program of nursing to provide a course of instruction approved by the board, covering not less than 2 academic years, be affiliated or conducted in connection with one or more hospitals, and be an institution of higher education. Existing law grants the board the authority to determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse. This bill would exempt an approved school of nursing or approved nursing program that is accredited and maintains accreditation through a national nursing accrediting agency recognized by the United States Department of Education and maintains a minimum pass rate of 80% on the applicable licensing examination from board regulations or rules that oversee education programming and that require ongoing program approval. This bill would exempt an approved school of nursing or approved nursing program from the requirement of obtaining board approval or authorization to regulate, impose fees, or otherwise control the enrollment of students, or to regulate or otherwise control partnerships between approved schools, programs, and clinical facilities. The bill would also specify that an approved school of nursing or approved nursing program is not required to obtain board approval or authorization to hire faculty or to provide up to 50% of clinical instruction as computer-based simulation. The bill would further provide that an approved school of nursing or approved nursing program is not required to obtain board approval or to pay a fee to provide for certain clinical experiences or placements, as specified.This bill would require the board to perform the analysis of the practice of the registered nurse no less than every six years. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 25, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 25, 2019 | |
| 8 | 7 | Amended IN Assembly March 25, 2019 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 1364 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member Blanca RubioFebruary 22, 2019 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Blanca Rubio | |
| 17 | 16 | February 22, 2019 | |
| 18 | 17 | ||
| 19 | - | An act to amend Section 2786 of | |
| 18 | + | An act to amend Section 2786 of the Business and Professions Code, relating to healing arts. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | - | AB 1364, as amended, Blanca Rubio. Nursing: schools and programs: analysis. | |
| 24 | + | AB 1364, as amended, Blanca Rubio. Nursing: schools and programs: analysis. | |
| 26 | 25 | ||
| 27 | - | The Nursing Practice Act provides for the licensure and regulation of registered nurses by the Board of Registered Nursing within the Department of Consumer Affairs. The act requires an approved school of nursing or program of nursing to provide a course of instruction approved by the board, covering not less than 2 academic years, be affiliated or conducted in connection with one or more hospitals, and be an institution of higher education. Existing law grants the board the authority to determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse. This bill would exempt an approved school of nursing or approved nursing program that is accredited and maintains accreditation through a national nursing accrediting agency recognized by the United States Department of Education and | |
| 26 | + | The Nursing Practice Act provides for the licensure and regulation of registered nurses by the Board of Registered Nursing within the Department of Consumer Affairs. The act requires the board to perform an analysis of the practice of the registered nurse no less than every five years. The act requires an approved school of nursing or program of nursing to provide a course of instruction approved by the board, covering not less than 2 academic years, be affiliated or conducted in connection with one or more hospitals, and be an institution of higher education. Existing law grants the board the authority to determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse. This bill would exempt an approved school of nursing or approved nursing program that is accredited and maintains accreditation through a national nursing accrediting agency recognized by the United States Department of Education and maintains a minimum pass rate of 80% on the applicable licensing examination from board regulations or rules that oversee education programming and that require ongoing program approval. This bill would exempt an approved school of nursing or approved nursing program from the requirement of obtaining board approval or authorization to regulate, impose fees, or otherwise control the enrollment of students, or to regulate or otherwise control partnerships between approved schools, programs, and clinical facilities. The bill would also specify that an approved school of nursing or approved nursing program is not required to obtain board approval or authorization to hire faculty or to provide up to 50% of clinical instruction as computer-based simulation. The bill would further provide that an approved school of nursing or approved nursing program is not required to obtain board approval or to pay a fee to provide for certain clinical experiences or placements, as specified.This bill would require the board to perform the analysis of the practice of the registered nurse no less than every six years. | |
| 28 | 27 | ||
| 29 | - | The Nursing Practice Act provides for the licensure and regulation of registered nurses by the Board of Registered Nursing within the Department of Consumer Affairs. The act requires an approved school of nursing or program of nursing to provide a course of instruction approved by the board, covering not less than 2 academic years, be affiliated or conducted in connection with one or more hospitals, and be an institution of higher education. Existing law grants the board the authority to determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse. | |
| 28 | + | The Nursing Practice Act provides for the licensure and regulation of registered nurses by the Board of Registered Nursing within the Department of Consumer Affairs. The act requires the board to perform an analysis of the practice of the registered nurse no less than every five years. The act requires an approved school of nursing or program of nursing to provide a course of instruction approved by the board, covering not less than 2 academic years, be affiliated or conducted in connection with one or more hospitals, and be an institution of higher education. Existing law grants the board the authority to determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse. | |
| 30 | 29 | ||
| 31 | - | This bill would exempt an approved school of nursing or approved nursing program that is accredited and maintains accreditation through a national nursing accrediting agency recognized by the United States Department of Education and | |
| 30 | + | This bill would exempt an approved school of nursing or approved nursing program that is accredited and maintains accreditation through a national nursing accrediting agency recognized by the United States Department of Education and maintains a minimum pass rate of 80% on the applicable licensing examination from board regulations or rules that oversee education programming and that require ongoing program approval. | |
| 32 | 31 | ||
| 33 | - | This bill would exempt an approved school of nursing or approved nursing program from the requirement of obtaining board approval or authorization to regulate, impose fees, or otherwise control the enrollment of students, or to regulate or otherwise control partnerships between approved schools, programs, and clinical facilities. The | |
| 32 | + | This bill would exempt an approved school of nursing or approved nursing program from the requirement of obtaining board approval or authorization to regulate, impose fees, or otherwise control the enrollment of students, or to regulate or otherwise control partnerships between approved schools, programs, and clinical facilities. The bill would also specify that an approved school of nursing or approved nursing program is not required to obtain board approval or authorization to hire faculty or to provide up to 50% of clinical instruction as computer-based simulation. The bill would further provide that an approved school of nursing or approved nursing program is not required to obtain board approval or to pay a fee to provide for certain clinical experiences or placements, as specified. | |
| 34 | 33 | ||
| 35 | - | This bill would | |
| 34 | + | This bill would require the board to perform the analysis of the practice of the registered nurse no less than every six years. | |
| 36 | 35 | ||
| 37 | - | 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. | |
| 38 | 36 | ||
| 39 | - | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 40 | 37 | ||
| 41 | 38 | ## Digest Key | |
| 42 | 39 | ||
| 43 | 40 | ## Bill Text | |
| 44 | 41 | ||
| 45 | - | The people of the State of California do enact as follows:SECTION 1. Section 2786 of the Business and Professions Code is amended to read:2786. (a) 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 two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, institution of higher education includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level masters degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code).(b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved.(c) | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 2786 of the Business and Professions Code is amended to read:2786. (a) 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 two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, institution of higher education includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level masters degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code).(b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved.(c) The board shall determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse and shall include the minimum units of theory and clinical experience necessary to achieve essential clinical competency at the entry level of the registered nurse. The boards regulations shall be designed to require all schools to provide clinical instruction in all phases of the educational process, except as necessary to accommodate military education and experience as specified in Section 2786.1.(d) An approved school of nursing or an approved nursing program that meets both of the following criteria is exempt from board regulations or rules that oversee education programming, as described in subdivision (c), and that require ongoing program approval:(1) Is accredited and maintains accreditation through a national nursing accrediting agency recognized by the United States Department of Education.(2) Maintains a minimum pass rate of 80 percent on the applicable licensing examination under this chapter.(d)(e) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every six five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing.(f) An approved school of nursing or approved nursing program shall not be required to obtain board approval or authorization to do any of the following:(1) Regulate, impose fees, or otherwise control the enrollment of students.(2) Regulate or otherwise control partnerships between approved schools of nursing or approved nursing programs and approved clinical facilities.(3) Hire faculty.(4) Provide up to 50 percent of clinical instruction as computer-based simulation.(g) In addition to the prohibitions in subdivision (f), an approved school of nursing or an approved nursing program shall not be required to obtain board approval or authorization, and shall not be required to pay a fee to provide clinical experiences or clinical placements to students at a location already approved by the board for that school or program, or for a different school of nursing or approved nursing program, if the program staff of the location confirm that the new clinical experiences or clinical placements will not displace existing student clinical experiences or clinical placements. | |
| 46 | 43 | ||
| 47 | 44 | The people of the State of California do enact as follows: | |
| 48 | 45 | ||
| 49 | 46 | ## The people of the State of California do enact as follows: | |
| 50 | 47 | ||
| 51 | - | SECTION 1. Section 2786 of the Business and Professions Code is amended to read:2786. (a) 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 two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, institution of higher education includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level masters degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code).(b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved.(c) | |
| 48 | + | SECTION 1. Section 2786 of the Business and Professions Code is amended to read:2786. (a) 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 two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, institution of higher education includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level masters degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code).(b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved.(c) The board shall determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse and shall include the minimum units of theory and clinical experience necessary to achieve essential clinical competency at the entry level of the registered nurse. The boards regulations shall be designed to require all schools to provide clinical instruction in all phases of the educational process, except as necessary to accommodate military education and experience as specified in Section 2786.1.(d) An approved school of nursing or an approved nursing program that meets both of the following criteria is exempt from board regulations or rules that oversee education programming, as described in subdivision (c), and that require ongoing program approval:(1) Is accredited and maintains accreditation through a national nursing accrediting agency recognized by the United States Department of Education.(2) Maintains a minimum pass rate of 80 percent on the applicable licensing examination under this chapter.(d)(e) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every six five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing.(f) An approved school of nursing or approved nursing program shall not be required to obtain board approval or authorization to do any of the following:(1) Regulate, impose fees, or otherwise control the enrollment of students.(2) Regulate or otherwise control partnerships between approved schools of nursing or approved nursing programs and approved clinical facilities.(3) Hire faculty.(4) Provide up to 50 percent of clinical instruction as computer-based simulation.(g) In addition to the prohibitions in subdivision (f), an approved school of nursing or an approved nursing program shall not be required to obtain board approval or authorization, and shall not be required to pay a fee to provide clinical experiences or clinical placements to students at a location already approved by the board for that school or program, or for a different school of nursing or approved nursing program, if the program staff of the location confirm that the new clinical experiences or clinical placements will not displace existing student clinical experiences or clinical placements. | |
| 52 | 49 | ||
| 53 | 50 | SECTION 1. Section 2786 of the Business and Professions Code is amended to read: | |
| 54 | 51 | ||
| 55 | 52 | ### SECTION 1. | |
| 56 | 53 | ||
| 57 | - | 2786. (a) 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 two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, institution of higher education includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level masters degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code).(b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved.(c) | |
| 54 | + | 2786. (a) 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 two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, institution of higher education includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level masters degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code).(b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved.(c) The board shall determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse and shall include the minimum units of theory and clinical experience necessary to achieve essential clinical competency at the entry level of the registered nurse. The boards regulations shall be designed to require all schools to provide clinical instruction in all phases of the educational process, except as necessary to accommodate military education and experience as specified in Section 2786.1.(d) An approved school of nursing or an approved nursing program that meets both of the following criteria is exempt from board regulations or rules that oversee education programming, as described in subdivision (c), and that require ongoing program approval:(1) Is accredited and maintains accreditation through a national nursing accrediting agency recognized by the United States Department of Education.(2) Maintains a minimum pass rate of 80 percent on the applicable licensing examination under this chapter.(d)(e) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every six five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing.(f) An approved school of nursing or approved nursing program shall not be required to obtain board approval or authorization to do any of the following:(1) Regulate, impose fees, or otherwise control the enrollment of students.(2) Regulate or otherwise control partnerships between approved schools of nursing or approved nursing programs and approved clinical facilities.(3) Hire faculty.(4) Provide up to 50 percent of clinical instruction as computer-based simulation.(g) In addition to the prohibitions in subdivision (f), an approved school of nursing or an approved nursing program shall not be required to obtain board approval or authorization, and shall not be required to pay a fee to provide clinical experiences or clinical placements to students at a location already approved by the board for that school or program, or for a different school of nursing or approved nursing program, if the program staff of the location confirm that the new clinical experiences or clinical placements will not displace existing student clinical experiences or clinical placements. | |
| 58 | 55 | ||
| 59 | - | 2786. (a) 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 two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, institution of higher education includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level masters degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code).(b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved.(c) | |
| 56 | + | 2786. (a) 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 two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, institution of higher education includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level masters degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code).(b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved.(c) The board shall determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse and shall include the minimum units of theory and clinical experience necessary to achieve essential clinical competency at the entry level of the registered nurse. The boards regulations shall be designed to require all schools to provide clinical instruction in all phases of the educational process, except as necessary to accommodate military education and experience as specified in Section 2786.1.(d) An approved school of nursing or an approved nursing program that meets both of the following criteria is exempt from board regulations or rules that oversee education programming, as described in subdivision (c), and that require ongoing program approval:(1) Is accredited and maintains accreditation through a national nursing accrediting agency recognized by the United States Department of Education.(2) Maintains a minimum pass rate of 80 percent on the applicable licensing examination under this chapter.(d)(e) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every six five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing.(f) An approved school of nursing or approved nursing program shall not be required to obtain board approval or authorization to do any of the following:(1) Regulate, impose fees, or otherwise control the enrollment of students.(2) Regulate or otherwise control partnerships between approved schools of nursing or approved nursing programs and approved clinical facilities.(3) Hire faculty.(4) Provide up to 50 percent of clinical instruction as computer-based simulation.(g) In addition to the prohibitions in subdivision (f), an approved school of nursing or an approved nursing program shall not be required to obtain board approval or authorization, and shall not be required to pay a fee to provide clinical experiences or clinical placements to students at a location already approved by the board for that school or program, or for a different school of nursing or approved nursing program, if the program staff of the location confirm that the new clinical experiences or clinical placements will not displace existing student clinical experiences or clinical placements. | |
| 60 | 57 | ||
| 61 | - | 2786. (a) 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 two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, institution of higher education includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level masters degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code).(b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved.(c) | |
| 58 | + | 2786. (a) 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 two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, institution of higher education includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level masters degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code).(b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved.(c) The board shall determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse and shall include the minimum units of theory and clinical experience necessary to achieve essential clinical competency at the entry level of the registered nurse. The boards regulations shall be designed to require all schools to provide clinical instruction in all phases of the educational process, except as necessary to accommodate military education and experience as specified in Section 2786.1.(d) An approved school of nursing or an approved nursing program that meets both of the following criteria is exempt from board regulations or rules that oversee education programming, as described in subdivision (c), and that require ongoing program approval:(1) Is accredited and maintains accreditation through a national nursing accrediting agency recognized by the United States Department of Education.(2) Maintains a minimum pass rate of 80 percent on the applicable licensing examination under this chapter.(d)(e) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every six five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing.(f) An approved school of nursing or approved nursing program shall not be required to obtain board approval or authorization to do any of the following:(1) Regulate, impose fees, or otherwise control the enrollment of students.(2) Regulate or otherwise control partnerships between approved schools of nursing or approved nursing programs and approved clinical facilities.(3) Hire faculty.(4) Provide up to 50 percent of clinical instruction as computer-based simulation.(g) In addition to the prohibitions in subdivision (f), an approved school of nursing or an approved nursing program shall not be required to obtain board approval or authorization, and shall not be required to pay a fee to provide clinical experiences or clinical placements to students at a location already approved by the board for that school or program, or for a different school of nursing or approved nursing program, if the program staff of the location confirm that the new clinical experiences or clinical placements will not displace existing student clinical experiences or clinical placements. | |
| 62 | 59 | ||
| 63 | 60 | ||
| 64 | 61 | ||
| 65 | 62 | 2786. (a) 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 two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, institution of higher education includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level masters degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code). | |
| 66 | 63 | ||
| 67 | 64 | (b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved. | |
| 68 | 65 | ||
| 69 | - | (c | |
| 66 | + | (c) The board shall determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse and shall include the minimum units of theory and clinical experience necessary to achieve essential clinical competency at the entry level of the registered nurse. The boards regulations shall be designed to require all schools to provide clinical instruction in all phases of the educational process, except as necessary to accommodate military education and experience as specified in Section 2786.1. | |
| 70 | 67 | ||
| 71 | - | (d)An | |
| 68 | + | (d) An approved school of nursing or an approved nursing program that meets both of the following criteria is exempt from board regulations or rules that oversee education programming, as described in subdivision (c), and that require ongoing program approval: | |
| 69 | + | ||
| 70 | + | (1) Is accredited and maintains accreditation through a national nursing accrediting agency recognized by the United States Department of Education. | |
| 71 | + | ||
| 72 | + | (2) Maintains a minimum pass rate of 80 percent on the applicable licensing examination under this chapter. | |
| 73 | + | ||
| 74 | + | (d) | |
| 72 | 75 | ||
| 73 | 76 | ||
| 74 | 77 | ||
| 75 | - | (2) For purposes of this chapter, an exempt approved school of nursing nursing, or an exempt approved nursing program that meets both of the following criteria is exempt from board regulations or rules that oversee education programming, as described in subdivision (c), and that require ongoing program approval: program, means a school or program that meets the following requirements: | |
| 76 | - | ||
| 77 | - | (1) | |
| 78 | - | ||
| 79 | - | ||
| 80 | - | ||
| 81 | - | (A) Is accredited and maintains accreditation through a national nursing accrediting agency recognized by the United States Department of Education. Education or is a public institution. | |
| 82 | - | ||
| 83 | - | (B) Is accredited through a regional accrediting agency. | |
| 84 | - | ||
| 85 | - | (2) | |
| 86 | - | ||
| 87 | - | ||
| 88 | - | ||
| 89 | - | (C) Maintains a minimum pass rate of 80 percent on the applicable licensing examination under this chapter. chapter for a minimum of two consecutive academic years. | |
| 90 | - | ||
| 91 | - | (D) Maintains an official cohort default rate, as calculated by the United States Department of Education annually, that is less than 7.5 percent. | |
| 92 | - | ||
| 93 | - | (E) Maintains debt-to-earnings rates, as calculated by the United States Department of Education, that qualify as passing under Sections 668.403 to 668.406, inclusive, of Title 34 of the Code of Federal Regulations as of January 1, 2017. | |
| 94 | - | ||
| 95 | - | (3) (A) An approved school of nursing, or an approved nursing program, seeking exempt status shall submit an application to the board, and the board shall approve the application if the requirements under paragraph (2) are met. | |
| 96 | - | ||
| 97 | - | (B) An exempt approved school of nursing, or an exempt approved nursing program, shall continue to notify the board of substantive changes and other changes as defined by board regulations and the national and regional accreditors. | |
| 98 | - | ||
| 99 | - | (C) An exempt approved school of nursing, or an exempt approved nursing program, shall continue to submit annual reports to the board. | |
| 100 | - | ||
| 101 | - | (D) An exempt approved school of nursing, or an exempt approved nursing program, shall apply for continuing approval five years after initial approval or its last continuing approval. | |
| 102 | - | ||
| 103 | - | (4) An exempt approved school of nursing, or an exempt approved nursing program, shall not be required to pay fees or seek board approval for the changes to the following if the changes are approved by the applicable accreditors or within the scope of the programs accreditation: | |
| 104 | - | ||
| 105 | - | (A) Faculty. | |
| 106 | - | ||
| 107 | - | (B) Enrollments. | |
| 108 | - | ||
| 109 | - | (C) Clinical simulation hours in a skills lab, up to 50 percent of the total number of clinical hours. | |
| 110 | - | ||
| 111 | - | (D) Clinical experience placements at a clinical agency or facility that is already approved by the board to provide clinical practice hours for the exempt school or program and if the program staff of the facility and the exempt school or program attest under penalty of perjury that the new clinical placements will not displace existing placements and all parties are in compliance with Section 2786.3. | |
| 112 | - | ||
| 113 | - | (E) Clinical experience placements at a clinical agency or facility if the facility is approved by the board to provide clinical practice hours and if the program staff of the facility and the exempt school or program attest under penalty of perjury that the new clinical placements will not displace existing placements and all parties are in compliance with Section 2786.3. | |
| 114 | - | ||
| 115 | - | (e) | |
| 116 | - | ||
| 117 | - | ||
| 118 | - | ||
| 119 | - | (d) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing. | |
| 78 | + | (e) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every six five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing. | |
| 120 | 79 | ||
| 121 | 80 | (f) An approved school of nursing or approved nursing program shall not be required to obtain board approval or authorization to do any of the following: | |
| 122 | 81 | ||
| 123 | - | ||
| 124 | - | ||
| 125 | 82 | (1) Regulate, impose fees, or otherwise control the enrollment of students. | |
| 126 | - | ||
| 127 | - | ||
| 128 | 83 | ||
| 129 | 84 | (2) Regulate or otherwise control partnerships between approved schools of nursing or approved nursing programs and approved clinical facilities. | |
| 130 | 85 | ||
| 131 | - | ||
| 132 | - | ||
| 133 | 86 | (3) Hire faculty. | |
| 134 | - | ||
| 135 | - | ||
| 136 | 87 | ||
| 137 | 88 | (4) Provide up to 50 percent of clinical instruction as computer-based simulation. | |
| 138 | 89 | ||
| 139 | - | ||
| 140 | - | ||
| 141 | 90 | (g) In addition to the prohibitions in subdivision (f), an approved school of nursing or an approved nursing program shall not be required to obtain board approval or authorization, and shall not be required to pay a fee to provide clinical experiences or clinical placements to students at a location already approved by the board for that school or program, or for a different school of nursing or approved nursing program, if the program staff of the location confirm that the new clinical experiences or clinical placements will not displace existing student clinical experiences or clinical placements. | |
| 142 | - | ||
| 143 | - | ||
| 144 | - | ||
| 145 | - | SEC. 2. Section 2786.3 is added to the Business and Professions Code, to read:2786.3. (a) An institution of higher education or a private postsecondary school of nursing subject to Section 2786 shall not make a payment to any clinical agency or facility in exchange for clinical experience placements for students enrolled in a nursing program offered by or affiliated with the institution or private postsecondary school of nursing.(b) A payment shall be deemed a violation of subdivision (a) if made within two years of a clinical experience placement at a facility.(c) The payment of pass-through fees for purposes of credentialing, databank registration, or similar fees shall not constitute a violation of subdivision (a). | |
| 146 | - | ||
| 147 | - | SEC. 2. Section 2786.3 is added to the Business and Professions Code, to read: | |
| 148 | - | ||
| 149 | - | ### SEC. 2. | |
| 150 | - | ||
| 151 | - | 2786.3. (a) An institution of higher education or a private postsecondary school of nursing subject to Section 2786 shall not make a payment to any clinical agency or facility in exchange for clinical experience placements for students enrolled in a nursing program offered by or affiliated with the institution or private postsecondary school of nursing.(b) A payment shall be deemed a violation of subdivision (a) if made within two years of a clinical experience placement at a facility.(c) The payment of pass-through fees for purposes of credentialing, databank registration, or similar fees shall not constitute a violation of subdivision (a). | |
| 152 | - | ||
| 153 | - | 2786.3. (a) An institution of higher education or a private postsecondary school of nursing subject to Section 2786 shall not make a payment to any clinical agency or facility in exchange for clinical experience placements for students enrolled in a nursing program offered by or affiliated with the institution or private postsecondary school of nursing.(b) A payment shall be deemed a violation of subdivision (a) if made within two years of a clinical experience placement at a facility.(c) The payment of pass-through fees for purposes of credentialing, databank registration, or similar fees shall not constitute a violation of subdivision (a). | |
| 154 | - | ||
| 155 | - | 2786.3. (a) An institution of higher education or a private postsecondary school of nursing subject to Section 2786 shall not make a payment to any clinical agency or facility in exchange for clinical experience placements for students enrolled in a nursing program offered by or affiliated with the institution or private postsecondary school of nursing.(b) A payment shall be deemed a violation of subdivision (a) if made within two years of a clinical experience placement at a facility.(c) The payment of pass-through fees for purposes of credentialing, databank registration, or similar fees shall not constitute a violation of subdivision (a). | |
| 156 | - | ||
| 157 | - | ||
| 158 | - | ||
| 159 | - | 2786.3. (a) An institution of higher education or a private postsecondary school of nursing subject to Section 2786 shall not make a payment to any clinical agency or facility in exchange for clinical experience placements for students enrolled in a nursing program offered by or affiliated with the institution or private postsecondary school of nursing. | |
| 160 | - | ||
| 161 | - | (b) A payment shall be deemed a violation of subdivision (a) if made within two years of a clinical experience placement at a facility. | |
| 162 | - | ||
| 163 | - | (c) The payment of pass-through fees for purposes of credentialing, databank registration, or similar fees shall not constitute a violation of subdivision (a). | |
| 164 | - | ||
| 165 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 166 | - | ||
| 167 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 168 | - | ||
| 169 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 170 | - | ||
| 171 | - | ### SEC. 3. |