California 2021-2022 Regular Session

California Senate Bill SB994 Compare Versions

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1-Senate Bill No. 994 CHAPTER 713 An act to amend Sections 2859, 2860.5, and 2860.7 of, and to add Sections 2859.1 and 3640.1 to, the Business and Professions Code, relating to healing arts. [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ] LEGISLATIVE COUNSEL'S DIGESTSB 994, Jones. Vocational nursing: direction of naturopathic doctor.Existing law, the Vocational Nursing Practice Act, provides for the licensure and regulation of vocational nurses by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. The act defines the practice of vocational nursing as the performance of services requiring those technical, manual skills acquired by means of a course in an approved school of vocational nursing, or its equivalent, practiced under the direction of a licensed physician or registered professional nurse, as defined.This bill would revise that definition to additionally include practice under the direction of a naturopathic doctor, as specified. The bill would require a naturopathic doctor who is supervising a licensed vocational nurse to establish a written supervision protocol, listing the practice agreement, that includes specified information, including a description of the duties and responsibilities of the licensed vocational nurse and, if applicable, disclosure of the procedure or protocol for the furnishing or ordering of drugs. The bill would specify that its provisions do not authorize a licensed vocational nurse to perform various acts, including performing platelet-rich plasma therapy and administering laser, light, steam, or ultraviolet treatment therapies, except as provided.Existing law, among other things, authorizes a licensed vocational nurse to withdraw blood, administer medications, and start and superimpose intravenous fluids, as described, when directed by a physician and surgeon. Existing law also authorizes a licensed vocational nurse to perform certain tests and immunization techniques, as described, when acting under the direction of a physician and surgeon.This bill would authorize a licensed vocational nurse to perform the above-described actions when acting under the direction of a naturopathic doctor, as specified.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 2859 of the Business and Professions Code is amended to read:2859. (a) The practice of vocational nursing within the meaning of this chapter is the performance of services requiring those technical, manual skills acquired by means of a course in an approved school of vocational nursing, or its equivalent, practiced under the direction of a licensed physician and surgeon or registered nurse, as defined in Section 2725, or naturopathic doctor, as defined in Section 2859.1, and in accordance with this section and Section 2859.1.(b) A vocational nurse, within the meaning of this chapter, is a person who has met all the legal requirements for a license as a vocational nurse in this state and who for compensation or personal profit engages in vocational nursing, as defined under subdivision (a).(c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse.(d) A licensed vocational nurse practicing under the supervision of a naturopathic doctor shall be limited to performing those duties included within the scope of practice of a naturopathic doctor.(e) A naturopathic doctor supervising a licensed vocational nurse and furnishing or ordering drugs in accordance with standardized procedures or protocols developed with the approval of a supervising physician and surgeon, as authorized under Section 3640.5, shall identify within the established protocol that the naturopathic doctor is responsible for the supervision of a licensed vocational nurse or nurses and provide procedures for assistance and consultation with the supervising physician and surgeon regarding any issues that arise involving the naturopathic doctors supervision of a licensed vocational nurse or nurses in the furnishing or ordering of drugs.(f) (1) A naturopathic doctor supervising a licensed vocational nurse shall establish a written supervision protocol, listing the practice agreement, that includes all of the following:(A) A description of the duties and responsibilities of the licensed vocational nurse and, if applicable, disclosure of the procedure or protocol for the furnishing or ordering of drugs, as described in subdivision (e).(B) Policies and procedures to ensure adequate supervision of the licensed vocational nurse, including, but not limited to, appropriate communication, availability of supervision, location of venue or venues where services are to be provided, and availability of consultations between the naturopathic doctor and the licensed vocational nurse regarding the practice of vocational nursing.(C) The methods for the training and continuing evaluation of the competency and qualifications of the licensed vocational nurse.(2) The written supervision protocol required by this subdivision may be provided by means of an employment agreement or other practice agreement document.(3) A licensed vocational nurse shall provide a copy of the written supervision protocol prescribed by this subdivision to the board upon request by the board.(g) In addition to other acts constituting unprofessional conduct within the meaning of this chapter, failure to comply with the requirements for supervision in this chapter or any regulation adopted pursuant to it is considered unprofessional conduct and grounds for disciplinary action.SEC. 2. Section 2859.1 is added to the Business and Professions Code, to read:2859.1. (a) For purposes of this chapter, the following definitions apply: (1) Naturopathic doctor means a person who holds a current, active, and unrestricted license pursuant to the Naturopathic Doctors Act (Chapter 8.2 commencing with Section 3610).(2) (A) Supervision or supervising, as used in connection with the supervision of a licensed vocational nurse by a naturopathic doctor, means the supervision of procedures authorized by this section and Section 2859 that are within the scope of practice of the naturopathic doctor, and means that a naturopathic doctor oversees the activities of, and accepts responsibility for, those services described in this section and Section 2859 that are performed by a supervised licensed vocational nurse. Supervision in this context does not require the physical presence of a naturopathic doctor, but does require both of the following:(i) Adherence to adequate supervision as agreed to in the practice agreement described in Section 2859.(ii) The naturopathic doctor being available by telephone at the time the licensed vocational nurse examines the patient.(B) This definition does not prohibit the board from requiring the physical presence of a naturopathic doctor as a term or condition of the discipline, reinstatement, or probation of a licensed vocational nurse.(b) This section does not authorize a naturopathic doctor to supervise or direct a licensed vocational nurse to start or superimpose intravenous fluids in a manner that would violate Section 2860.5, including by performing the procedure outside of an organized health care system.(c) This section does not authorize a licensed vocational nurse to perform any of the following acts:(1) Administering Botox, Juvederm, Kybella, or glutathione injections.(2) Performing platelet-rich plasma therapy.(3) Performing skin growth removal procedures.(4) Performing other cosmetic procedures outside the scope of practice of a licensed vocational nurse, as determined by the board.(5) Administering laser, light, steam, or ultraviolet treatment therapies, unless directed by a physician and surgeon or naturopathic doctor for a medically necessary purpose.(6) Starting or superimposing intravenous fluids independently in unsupervised home care or other unauthorized setting.(d) This section does not authorize an unlicensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse.(e) This section does not authorize a licensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse who has a license that is not current and active.(f) If a naturopathic doctor provides supervision of a licensed vocational nurse who has a restricted license due to a probationary order, then the supervising naturopathic doctor shall ensure that they comply and provide supervision within the terms of the probationary order.SEC. 3. Section 2860.5 of the Business and Professions Code is amended to read:2860.5. (a) Subject to subdivision (b), a licensed vocational nurse when directed by a licensed physician and surgeon or naturopathic doctor may do all of the following:(1) Administer medications by hypodermic injection.(2) Withdraw blood from a patient, if the licensed vocational nurse has been instructed by a licensed physician and surgeon and has demonstrated competence to the licensed physician and surgeon in the proper procedure to be employed when withdrawing blood, or has satisfactorily completed a prescribed course of instruction approved by the board, or has demonstrated competence to the satisfaction of the board.(3) Start and superimpose intravenous fluids if all of the following additional conditions are satisfied:(A) The licensed vocational nurse has satisfactorily completed a prescribed course of instruction approved by the board or has demonstrated competence to the satisfaction of the board.(B) The procedure is performed in an organized health care system in accordance with the written standardized procedures adopted by the organized health care system as formulated by a committee which includes representatives of the medical, nursing, and administrative staffs. Organized health care system, as used in this section, includes facilities licensed pursuant to Section 1250 of the Health and Safety Code, clinics, home health agencies, physicians offices, naturopathic doctors offices, and public or community health services. Standardized procedures so adopted will be reproduced in writing and made available to total medical and nursing staffs.(C) If the licensed vocational nurse is directed by a naturopathic doctor, the naturopathic doctor is qualified to administer intravenous therapy under Section 3640.8.(b) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this section that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.(c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or a naturopathic doctor.SEC. 4. Section 2860.7 of the Business and Professions Code is amended to read:2860.7. (a) (1) A licensed vocational nurse, acting under the direction of a licensed physician and surgeon or naturopathic doctor may perform any of the following:(A) Tuberculin skin tests, coccidioidin skin tests, and histoplasmin skin tests, providing such administration is within the course of a tuberculosis control program.(B) Immunization techniques, providing such administration is upon standing orders of a supervising licensed physician and surgeon or naturopathic doctor, or pursuant to written guidelines adopted by a hospital or medical group with whom the supervising licensed physician and surgeon or naturopathic doctor is associated.(2) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this subdivision that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.(b) The supervising licensed physician and surgeon or naturopathic doctor under whose direction the licensed vocational nurse is acting pursuant to subdivision (a) shall require the licensed vocational nurse to do all of the following:(1) Satisfactorily demonstrate competence in the administration of immunizing agents, including knowledge of all indications and contraindications for the administration of such agents, and in the recognition and treatment of any emergency reactions to such agents which constitute a danger to the health or life of the person receiving the immunizations.(2) Possess such medications and equipment as required, in the medical judgment of the supervising licensed physician and surgeon or naturopathic doctor, to treat any emergency conditions and reactions caused by the immunizing agents and which constitute a danger to the health or life of the person receiving the immunization, and to demonstrate the ability to administer such medications and to utilize such equipment as necessary.(c) This section does not require physical presence of a directing or supervising licensed physician and surgeon or naturopathic doctor, or the examination by a licensed physician and surgeon or naturopathic doctor of persons to be tested or immunized.(d) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or naturopathic doctor.SEC. 5. Section 3640.1 is added to the Business and Professions Code, to read:3640.1. (a) A naturopathic doctor may provide supervision and direction to a licensed vocational nurse in accordance with Sections 2859 and 2859.1.(b) A naturopathic doctor shall not direct a licensed vocational nurse under their employment to take any action outside the scope of practice of the naturopathic doctor.
1+Enrolled September 01, 2022 Passed IN Senate August 30, 2022 Passed IN Assembly August 29, 2022 Amended IN Assembly August 24, 2022 Amended IN Senate April 21, 2022 Amended IN Senate March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 994Introduced by Senator JonesFebruary 14, 2022 An act to amend Sections 2859, 2860.5, and 2860.7 of, and to add Sections 2859.1 and 3640.1 to, the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 994, Jones. Vocational nursing: direction of naturopathic doctor.Existing law, the Vocational Nursing Practice Act, provides for the licensure and regulation of vocational nurses by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. The act defines the practice of vocational nursing as the performance of services requiring those technical, manual skills acquired by means of a course in an approved school of vocational nursing, or its equivalent, practiced under the direction of a licensed physician or registered professional nurse, as defined.This bill would revise that definition to additionally include practice under the direction of a naturopathic doctor, as specified. The bill would require a naturopathic doctor who is supervising a licensed vocational nurse to establish a written supervision protocol, listing the practice agreement, that includes specified information, including a description of the duties and responsibilities of the licensed vocational nurse and, if applicable, disclosure of the procedure or protocol for the furnishing or ordering of drugs. The bill would specify that its provisions do not authorize a licensed vocational nurse to perform various acts, including performing platelet-rich plasma therapy and administering laser, light, steam, or ultraviolet treatment therapies, except as provided.Existing law, among other things, authorizes a licensed vocational nurse to withdraw blood, administer medications, and start and superimpose intravenous fluids, as described, when directed by a physician and surgeon. Existing law also authorizes a licensed vocational nurse to perform certain tests and immunization techniques, as described, when acting under the direction of a physician and surgeon.This bill would authorize a licensed vocational nurse to perform the above-described actions when acting under the direction of a naturopathic doctor, as specified.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 2859 of the Business and Professions Code is amended to read:2859. (a) The practice of vocational nursing within the meaning of this chapter is the performance of services requiring those technical, manual skills acquired by means of a course in an approved school of vocational nursing, or its equivalent, practiced under the direction of a licensed physician and surgeon or registered nurse, as defined in Section 2725, or naturopathic doctor, as defined in Section 2859.1, and in accordance with this section and Section 2859.1.(b) A vocational nurse, within the meaning of this chapter, is a person who has met all the legal requirements for a license as a vocational nurse in this state and who for compensation or personal profit engages in vocational nursing, as defined under subdivision (a).(c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse.(d) A licensed vocational nurse practicing under the supervision of a naturopathic doctor shall be limited to performing those duties included within the scope of practice of a naturopathic doctor.(e) A naturopathic doctor supervising a licensed vocational nurse and furnishing or ordering drugs in accordance with standardized procedures or protocols developed with the approval of a supervising physician and surgeon, as authorized under Section 3640.5, shall identify within the established protocol that the naturopathic doctor is responsible for the supervision of a licensed vocational nurse or nurses and provide procedures for assistance and consultation with the supervising physician and surgeon regarding any issues that arise involving the naturopathic doctors supervision of a licensed vocational nurse or nurses in the furnishing or ordering of drugs.(f) (1) A naturopathic doctor supervising a licensed vocational nurse shall establish a written supervision protocol, listing the practice agreement, that includes all of the following:(A) A description of the duties and responsibilities of the licensed vocational nurse and, if applicable, disclosure of the procedure or protocol for the furnishing or ordering of drugs, as described in subdivision (e).(B) Policies and procedures to ensure adequate supervision of the licensed vocational nurse, including, but not limited to, appropriate communication, availability of supervision, location of venue or venues where services are to be provided, and availability of consultations between the naturopathic doctor and the licensed vocational nurse regarding the practice of vocational nursing.(C) The methods for the training and continuing evaluation of the competency and qualifications of the licensed vocational nurse.(2) The written supervision protocol required by this subdivision may be provided by means of an employment agreement or other practice agreement document.(3) A licensed vocational nurse shall provide a copy of the written supervision protocol prescribed by this subdivision to the board upon request by the board.(g) In addition to other acts constituting unprofessional conduct within the meaning of this chapter, failure to comply with the requirements for supervision in this chapter or any regulation adopted pursuant to it is considered unprofessional conduct and grounds for disciplinary action.SEC. 2. Section 2859.1 is added to the Business and Professions Code, to read:2859.1. (a) For purposes of this chapter, the following definitions apply: (1) Naturopathic doctor means a person who holds a current, active, and unrestricted license pursuant to the Naturopathic Doctors Act (Chapter 8.2 commencing with Section 3610).(2) (A) Supervision or supervising, as used in connection with the supervision of a licensed vocational nurse by a naturopathic doctor, means the supervision of procedures authorized by this section and Section 2859 that are within the scope of practice of the naturopathic doctor, and means that a naturopathic doctor oversees the activities of, and accepts responsibility for, those services described in this section and Section 2859 that are performed by a supervised licensed vocational nurse. Supervision in this context does not require the physical presence of a naturopathic doctor, but does require both of the following:(i) Adherence to adequate supervision as agreed to in the practice agreement described in Section 2859.(ii) The naturopathic doctor being available by telephone at the time the licensed vocational nurse examines the patient.(B) This definition does not prohibit the board from requiring the physical presence of a naturopathic doctor as a term or condition of the discipline, reinstatement, or probation of a licensed vocational nurse.(b) This section does not authorize a naturopathic doctor to supervise or direct a licensed vocational nurse to start or superimpose intravenous fluids in a manner that would violate Section 2860.5, including by performing the procedure outside of an organized health care system.(c) This section does not authorize a licensed vocational nurse to perform any of the following acts:(1) Administering Botox, Juvederm, Kybella, or glutathione injections.(2) Performing platelet-rich plasma therapy.(3) Performing skin growth removal procedures.(4) Performing other cosmetic procedures outside the scope of practice of a licensed vocational nurse, as determined by the board.(5) Administering laser, light, steam, or ultraviolet treatment therapies, unless directed by a physician and surgeon or naturopathic doctor for a medically necessary purpose.(6) Starting or superimposing intravenous fluids independently in unsupervised home care or other unauthorized setting.(d) This section does not authorize an unlicensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse.(e) This section does not authorize a licensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse who has a license that is not current and active.(f) If a naturopathic doctor provides supervision of a licensed vocational nurse who has a restricted license due to a probationary order, then the supervising naturopathic doctor shall ensure that they comply and provide supervision within the terms of the probationary order.SEC. 3. Section 2860.5 of the Business and Professions Code is amended to read:2860.5. (a) Subject to subdivision (b), a licensed vocational nurse when directed by a licensed physician and surgeon or naturopathic doctor may do all of the following:(1) Administer medications by hypodermic injection.(2) Withdraw blood from a patient, if the licensed vocational nurse has been instructed by a licensed physician and surgeon and has demonstrated competence to the licensed physician and surgeon in the proper procedure to be employed when withdrawing blood, or has satisfactorily completed a prescribed course of instruction approved by the board, or has demonstrated competence to the satisfaction of the board.(3) Start and superimpose intravenous fluids if all of the following additional conditions are satisfied:(A) The licensed vocational nurse has satisfactorily completed a prescribed course of instruction approved by the board or has demonstrated competence to the satisfaction of the board.(B) The procedure is performed in an organized health care system in accordance with the written standardized procedures adopted by the organized health care system as formulated by a committee which includes representatives of the medical, nursing, and administrative staffs. Organized health care system, as used in this section, includes facilities licensed pursuant to Section 1250 of the Health and Safety Code, clinics, home health agencies, physicians offices, naturopathic doctors offices, and public or community health services. Standardized procedures so adopted will be reproduced in writing and made available to total medical and nursing staffs.(C) If the licensed vocational nurse is directed by a naturopathic doctor, the naturopathic doctor is qualified to administer intravenous therapy under Section 3640.8.(b) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this section that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.(c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or a naturopathic doctor.SEC. 4. Section 2860.7 of the Business and Professions Code is amended to read:2860.7. (a) (1) A licensed vocational nurse, acting under the direction of a licensed physician and surgeon or naturopathic doctor may perform any of the following:(A) Tuberculin skin tests, coccidioidin skin tests, and histoplasmin skin tests, providing such administration is within the course of a tuberculosis control program.(B) Immunization techniques, providing such administration is upon standing orders of a supervising licensed physician and surgeon or naturopathic doctor, or pursuant to written guidelines adopted by a hospital or medical group with whom the supervising licensed physician and surgeon or naturopathic doctor is associated.(2) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this subdivision that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.(b) The supervising licensed physician and surgeon or naturopathic doctor under whose direction the licensed vocational nurse is acting pursuant to subdivision (a) shall require the licensed vocational nurse to do all of the following:(1) Satisfactorily demonstrate competence in the administration of immunizing agents, including knowledge of all indications and contraindications for the administration of such agents, and in the recognition and treatment of any emergency reactions to such agents which constitute a danger to the health or life of the person receiving the immunizations.(2) Possess such medications and equipment as required, in the medical judgment of the supervising licensed physician and surgeon or naturopathic doctor, to treat any emergency conditions and reactions caused by the immunizing agents and which constitute a danger to the health or life of the person receiving the immunization, and to demonstrate the ability to administer such medications and to utilize such equipment as necessary.(c) This section does not require physical presence of a directing or supervising licensed physician and surgeon or naturopathic doctor, or the examination by a licensed physician and surgeon or naturopathic doctor of persons to be tested or immunized.(d) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or naturopathic doctor.SEC. 5. Section 3640.1 is added to the Business and Professions Code, to read:3640.1. (a) A naturopathic doctor may provide supervision and direction to a licensed vocational nurse in accordance with Sections 2859 and 2859.1.(b) A naturopathic doctor shall not direct a licensed vocational nurse under their employment to take any action outside the scope of practice of the naturopathic doctor.
22
3- Senate Bill No. 994 CHAPTER 713 An act to amend Sections 2859, 2860.5, and 2860.7 of, and to add Sections 2859.1 and 3640.1 to, the Business and Professions Code, relating to healing arts. [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ] LEGISLATIVE COUNSEL'S DIGESTSB 994, Jones. Vocational nursing: direction of naturopathic doctor.Existing law, the Vocational Nursing Practice Act, provides for the licensure and regulation of vocational nurses by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. The act defines the practice of vocational nursing as the performance of services requiring those technical, manual skills acquired by means of a course in an approved school of vocational nursing, or its equivalent, practiced under the direction of a licensed physician or registered professional nurse, as defined.This bill would revise that definition to additionally include practice under the direction of a naturopathic doctor, as specified. The bill would require a naturopathic doctor who is supervising a licensed vocational nurse to establish a written supervision protocol, listing the practice agreement, that includes specified information, including a description of the duties and responsibilities of the licensed vocational nurse and, if applicable, disclosure of the procedure or protocol for the furnishing or ordering of drugs. The bill would specify that its provisions do not authorize a licensed vocational nurse to perform various acts, including performing platelet-rich plasma therapy and administering laser, light, steam, or ultraviolet treatment therapies, except as provided.Existing law, among other things, authorizes a licensed vocational nurse to withdraw blood, administer medications, and start and superimpose intravenous fluids, as described, when directed by a physician and surgeon. Existing law also authorizes a licensed vocational nurse to perform certain tests and immunization techniques, as described, when acting under the direction of a physician and surgeon.This bill would authorize a licensed vocational nurse to perform the above-described actions when acting under the direction of a naturopathic doctor, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Enrolled September 01, 2022 Passed IN Senate August 30, 2022 Passed IN Assembly August 29, 2022 Amended IN Assembly August 24, 2022 Amended IN Senate April 21, 2022 Amended IN Senate March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 994Introduced by Senator JonesFebruary 14, 2022 An act to amend Sections 2859, 2860.5, and 2860.7 of, and to add Sections 2859.1 and 3640.1 to, the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 994, Jones. Vocational nursing: direction of naturopathic doctor.Existing law, the Vocational Nursing Practice Act, provides for the licensure and regulation of vocational nurses by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. The act defines the practice of vocational nursing as the performance of services requiring those technical, manual skills acquired by means of a course in an approved school of vocational nursing, or its equivalent, practiced under the direction of a licensed physician or registered professional nurse, as defined.This bill would revise that definition to additionally include practice under the direction of a naturopathic doctor, as specified. The bill would require a naturopathic doctor who is supervising a licensed vocational nurse to establish a written supervision protocol, listing the practice agreement, that includes specified information, including a description of the duties and responsibilities of the licensed vocational nurse and, if applicable, disclosure of the procedure or protocol for the furnishing or ordering of drugs. The bill would specify that its provisions do not authorize a licensed vocational nurse to perform various acts, including performing platelet-rich plasma therapy and administering laser, light, steam, or ultraviolet treatment therapies, except as provided.Existing law, among other things, authorizes a licensed vocational nurse to withdraw blood, administer medications, and start and superimpose intravenous fluids, as described, when directed by a physician and surgeon. Existing law also authorizes a licensed vocational nurse to perform certain tests and immunization techniques, as described, when acting under the direction of a physician and surgeon.This bill would authorize a licensed vocational nurse to perform the above-described actions when acting under the direction of a naturopathic doctor, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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5- Senate Bill No. 994 CHAPTER 713
5+ Enrolled September 01, 2022 Passed IN Senate August 30, 2022 Passed IN Assembly August 29, 2022 Amended IN Assembly August 24, 2022 Amended IN Senate April 21, 2022 Amended IN Senate March 15, 2022
66
7- Senate Bill No. 994
7+Enrolled September 01, 2022
8+Passed IN Senate August 30, 2022
9+Passed IN Assembly August 29, 2022
10+Amended IN Assembly August 24, 2022
11+Amended IN Senate April 21, 2022
12+Amended IN Senate March 15, 2022
813
9- CHAPTER 713
14+ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
15+
16+ Senate Bill
17+
18+No. 994
19+
20+Introduced by Senator JonesFebruary 14, 2022
21+
22+Introduced by Senator Jones
23+February 14, 2022
1024
1125 An act to amend Sections 2859, 2860.5, and 2860.7 of, and to add Sections 2859.1 and 3640.1 to, the Business and Professions Code, relating to healing arts.
12-
13- [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ]
1426
1527 LEGISLATIVE COUNSEL'S DIGEST
1628
1729 ## LEGISLATIVE COUNSEL'S DIGEST
1830
1931 SB 994, Jones. Vocational nursing: direction of naturopathic doctor.
2032
2133 Existing law, the Vocational Nursing Practice Act, provides for the licensure and regulation of vocational nurses by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. The act defines the practice of vocational nursing as the performance of services requiring those technical, manual skills acquired by means of a course in an approved school of vocational nursing, or its equivalent, practiced under the direction of a licensed physician or registered professional nurse, as defined.This bill would revise that definition to additionally include practice under the direction of a naturopathic doctor, as specified. The bill would require a naturopathic doctor who is supervising a licensed vocational nurse to establish a written supervision protocol, listing the practice agreement, that includes specified information, including a description of the duties and responsibilities of the licensed vocational nurse and, if applicable, disclosure of the procedure or protocol for the furnishing or ordering of drugs. The bill would specify that its provisions do not authorize a licensed vocational nurse to perform various acts, including performing platelet-rich plasma therapy and administering laser, light, steam, or ultraviolet treatment therapies, except as provided.Existing law, among other things, authorizes a licensed vocational nurse to withdraw blood, administer medications, and start and superimpose intravenous fluids, as described, when directed by a physician and surgeon. Existing law also authorizes a licensed vocational nurse to perform certain tests and immunization techniques, as described, when acting under the direction of a physician and surgeon.This bill would authorize a licensed vocational nurse to perform the above-described actions when acting under the direction of a naturopathic doctor, as specified.
2234
2335 Existing law, the Vocational Nursing Practice Act, provides for the licensure and regulation of vocational nurses by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. The act defines the practice of vocational nursing as the performance of services requiring those technical, manual skills acquired by means of a course in an approved school of vocational nursing, or its equivalent, practiced under the direction of a licensed physician or registered professional nurse, as defined.
2436
2537 This bill would revise that definition to additionally include practice under the direction of a naturopathic doctor, as specified. The bill would require a naturopathic doctor who is supervising a licensed vocational nurse to establish a written supervision protocol, listing the practice agreement, that includes specified information, including a description of the duties and responsibilities of the licensed vocational nurse and, if applicable, disclosure of the procedure or protocol for the furnishing or ordering of drugs. The bill would specify that its provisions do not authorize a licensed vocational nurse to perform various acts, including performing platelet-rich plasma therapy and administering laser, light, steam, or ultraviolet treatment therapies, except as provided.
2638
2739 Existing law, among other things, authorizes a licensed vocational nurse to withdraw blood, administer medications, and start and superimpose intravenous fluids, as described, when directed by a physician and surgeon. Existing law also authorizes a licensed vocational nurse to perform certain tests and immunization techniques, as described, when acting under the direction of a physician and surgeon.
2840
2941 This bill would authorize a licensed vocational nurse to perform the above-described actions when acting under the direction of a naturopathic doctor, as specified.
3042
3143 ## Digest Key
3244
3345 ## Bill Text
3446
3547 The people of the State of California do enact as follows:SECTION 1. Section 2859 of the Business and Professions Code is amended to read:2859. (a) The practice of vocational nursing within the meaning of this chapter is the performance of services requiring those technical, manual skills acquired by means of a course in an approved school of vocational nursing, or its equivalent, practiced under the direction of a licensed physician and surgeon or registered nurse, as defined in Section 2725, or naturopathic doctor, as defined in Section 2859.1, and in accordance with this section and Section 2859.1.(b) A vocational nurse, within the meaning of this chapter, is a person who has met all the legal requirements for a license as a vocational nurse in this state and who for compensation or personal profit engages in vocational nursing, as defined under subdivision (a).(c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse.(d) A licensed vocational nurse practicing under the supervision of a naturopathic doctor shall be limited to performing those duties included within the scope of practice of a naturopathic doctor.(e) A naturopathic doctor supervising a licensed vocational nurse and furnishing or ordering drugs in accordance with standardized procedures or protocols developed with the approval of a supervising physician and surgeon, as authorized under Section 3640.5, shall identify within the established protocol that the naturopathic doctor is responsible for the supervision of a licensed vocational nurse or nurses and provide procedures for assistance and consultation with the supervising physician and surgeon regarding any issues that arise involving the naturopathic doctors supervision of a licensed vocational nurse or nurses in the furnishing or ordering of drugs.(f) (1) A naturopathic doctor supervising a licensed vocational nurse shall establish a written supervision protocol, listing the practice agreement, that includes all of the following:(A) A description of the duties and responsibilities of the licensed vocational nurse and, if applicable, disclosure of the procedure or protocol for the furnishing or ordering of drugs, as described in subdivision (e).(B) Policies and procedures to ensure adequate supervision of the licensed vocational nurse, including, but not limited to, appropriate communication, availability of supervision, location of venue or venues where services are to be provided, and availability of consultations between the naturopathic doctor and the licensed vocational nurse regarding the practice of vocational nursing.(C) The methods for the training and continuing evaluation of the competency and qualifications of the licensed vocational nurse.(2) The written supervision protocol required by this subdivision may be provided by means of an employment agreement or other practice agreement document.(3) A licensed vocational nurse shall provide a copy of the written supervision protocol prescribed by this subdivision to the board upon request by the board.(g) In addition to other acts constituting unprofessional conduct within the meaning of this chapter, failure to comply with the requirements for supervision in this chapter or any regulation adopted pursuant to it is considered unprofessional conduct and grounds for disciplinary action.SEC. 2. Section 2859.1 is added to the Business and Professions Code, to read:2859.1. (a) For purposes of this chapter, the following definitions apply: (1) Naturopathic doctor means a person who holds a current, active, and unrestricted license pursuant to the Naturopathic Doctors Act (Chapter 8.2 commencing with Section 3610).(2) (A) Supervision or supervising, as used in connection with the supervision of a licensed vocational nurse by a naturopathic doctor, means the supervision of procedures authorized by this section and Section 2859 that are within the scope of practice of the naturopathic doctor, and means that a naturopathic doctor oversees the activities of, and accepts responsibility for, those services described in this section and Section 2859 that are performed by a supervised licensed vocational nurse. Supervision in this context does not require the physical presence of a naturopathic doctor, but does require both of the following:(i) Adherence to adequate supervision as agreed to in the practice agreement described in Section 2859.(ii) The naturopathic doctor being available by telephone at the time the licensed vocational nurse examines the patient.(B) This definition does not prohibit the board from requiring the physical presence of a naturopathic doctor as a term or condition of the discipline, reinstatement, or probation of a licensed vocational nurse.(b) This section does not authorize a naturopathic doctor to supervise or direct a licensed vocational nurse to start or superimpose intravenous fluids in a manner that would violate Section 2860.5, including by performing the procedure outside of an organized health care system.(c) This section does not authorize a licensed vocational nurse to perform any of the following acts:(1) Administering Botox, Juvederm, Kybella, or glutathione injections.(2) Performing platelet-rich plasma therapy.(3) Performing skin growth removal procedures.(4) Performing other cosmetic procedures outside the scope of practice of a licensed vocational nurse, as determined by the board.(5) Administering laser, light, steam, or ultraviolet treatment therapies, unless directed by a physician and surgeon or naturopathic doctor for a medically necessary purpose.(6) Starting or superimposing intravenous fluids independently in unsupervised home care or other unauthorized setting.(d) This section does not authorize an unlicensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse.(e) This section does not authorize a licensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse who has a license that is not current and active.(f) If a naturopathic doctor provides supervision of a licensed vocational nurse who has a restricted license due to a probationary order, then the supervising naturopathic doctor shall ensure that they comply and provide supervision within the terms of the probationary order.SEC. 3. Section 2860.5 of the Business and Professions Code is amended to read:2860.5. (a) Subject to subdivision (b), a licensed vocational nurse when directed by a licensed physician and surgeon or naturopathic doctor may do all of the following:(1) Administer medications by hypodermic injection.(2) Withdraw blood from a patient, if the licensed vocational nurse has been instructed by a licensed physician and surgeon and has demonstrated competence to the licensed physician and surgeon in the proper procedure to be employed when withdrawing blood, or has satisfactorily completed a prescribed course of instruction approved by the board, or has demonstrated competence to the satisfaction of the board.(3) Start and superimpose intravenous fluids if all of the following additional conditions are satisfied:(A) The licensed vocational nurse has satisfactorily completed a prescribed course of instruction approved by the board or has demonstrated competence to the satisfaction of the board.(B) The procedure is performed in an organized health care system in accordance with the written standardized procedures adopted by the organized health care system as formulated by a committee which includes representatives of the medical, nursing, and administrative staffs. Organized health care system, as used in this section, includes facilities licensed pursuant to Section 1250 of the Health and Safety Code, clinics, home health agencies, physicians offices, naturopathic doctors offices, and public or community health services. Standardized procedures so adopted will be reproduced in writing and made available to total medical and nursing staffs.(C) If the licensed vocational nurse is directed by a naturopathic doctor, the naturopathic doctor is qualified to administer intravenous therapy under Section 3640.8.(b) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this section that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.(c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or a naturopathic doctor.SEC. 4. Section 2860.7 of the Business and Professions Code is amended to read:2860.7. (a) (1) A licensed vocational nurse, acting under the direction of a licensed physician and surgeon or naturopathic doctor may perform any of the following:(A) Tuberculin skin tests, coccidioidin skin tests, and histoplasmin skin tests, providing such administration is within the course of a tuberculosis control program.(B) Immunization techniques, providing such administration is upon standing orders of a supervising licensed physician and surgeon or naturopathic doctor, or pursuant to written guidelines adopted by a hospital or medical group with whom the supervising licensed physician and surgeon or naturopathic doctor is associated.(2) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this subdivision that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.(b) The supervising licensed physician and surgeon or naturopathic doctor under whose direction the licensed vocational nurse is acting pursuant to subdivision (a) shall require the licensed vocational nurse to do all of the following:(1) Satisfactorily demonstrate competence in the administration of immunizing agents, including knowledge of all indications and contraindications for the administration of such agents, and in the recognition and treatment of any emergency reactions to such agents which constitute a danger to the health or life of the person receiving the immunizations.(2) Possess such medications and equipment as required, in the medical judgment of the supervising licensed physician and surgeon or naturopathic doctor, to treat any emergency conditions and reactions caused by the immunizing agents and which constitute a danger to the health or life of the person receiving the immunization, and to demonstrate the ability to administer such medications and to utilize such equipment as necessary.(c) This section does not require physical presence of a directing or supervising licensed physician and surgeon or naturopathic doctor, or the examination by a licensed physician and surgeon or naturopathic doctor of persons to be tested or immunized.(d) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or naturopathic doctor.SEC. 5. Section 3640.1 is added to the Business and Professions Code, to read:3640.1. (a) A naturopathic doctor may provide supervision and direction to a licensed vocational nurse in accordance with Sections 2859 and 2859.1.(b) A naturopathic doctor shall not direct a licensed vocational nurse under their employment to take any action outside the scope of practice of the naturopathic doctor.
3648
3749 The people of the State of California do enact as follows:
3850
3951 ## The people of the State of California do enact as follows:
4052
4153 SECTION 1. Section 2859 of the Business and Professions Code is amended to read:2859. (a) The practice of vocational nursing within the meaning of this chapter is the performance of services requiring those technical, manual skills acquired by means of a course in an approved school of vocational nursing, or its equivalent, practiced under the direction of a licensed physician and surgeon or registered nurse, as defined in Section 2725, or naturopathic doctor, as defined in Section 2859.1, and in accordance with this section and Section 2859.1.(b) A vocational nurse, within the meaning of this chapter, is a person who has met all the legal requirements for a license as a vocational nurse in this state and who for compensation or personal profit engages in vocational nursing, as defined under subdivision (a).(c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse.(d) A licensed vocational nurse practicing under the supervision of a naturopathic doctor shall be limited to performing those duties included within the scope of practice of a naturopathic doctor.(e) A naturopathic doctor supervising a licensed vocational nurse and furnishing or ordering drugs in accordance with standardized procedures or protocols developed with the approval of a supervising physician and surgeon, as authorized under Section 3640.5, shall identify within the established protocol that the naturopathic doctor is responsible for the supervision of a licensed vocational nurse or nurses and provide procedures for assistance and consultation with the supervising physician and surgeon regarding any issues that arise involving the naturopathic doctors supervision of a licensed vocational nurse or nurses in the furnishing or ordering of drugs.(f) (1) A naturopathic doctor supervising a licensed vocational nurse shall establish a written supervision protocol, listing the practice agreement, that includes all of the following:(A) A description of the duties and responsibilities of the licensed vocational nurse and, if applicable, disclosure of the procedure or protocol for the furnishing or ordering of drugs, as described in subdivision (e).(B) Policies and procedures to ensure adequate supervision of the licensed vocational nurse, including, but not limited to, appropriate communication, availability of supervision, location of venue or venues where services are to be provided, and availability of consultations between the naturopathic doctor and the licensed vocational nurse regarding the practice of vocational nursing.(C) The methods for the training and continuing evaluation of the competency and qualifications of the licensed vocational nurse.(2) The written supervision protocol required by this subdivision may be provided by means of an employment agreement or other practice agreement document.(3) A licensed vocational nurse shall provide a copy of the written supervision protocol prescribed by this subdivision to the board upon request by the board.(g) In addition to other acts constituting unprofessional conduct within the meaning of this chapter, failure to comply with the requirements for supervision in this chapter or any regulation adopted pursuant to it is considered unprofessional conduct and grounds for disciplinary action.
4254
4355 SECTION 1. Section 2859 of the Business and Professions Code is amended to read:
4456
4557 ### SECTION 1.
4658
4759 2859. (a) The practice of vocational nursing within the meaning of this chapter is the performance of services requiring those technical, manual skills acquired by means of a course in an approved school of vocational nursing, or its equivalent, practiced under the direction of a licensed physician and surgeon or registered nurse, as defined in Section 2725, or naturopathic doctor, as defined in Section 2859.1, and in accordance with this section and Section 2859.1.(b) A vocational nurse, within the meaning of this chapter, is a person who has met all the legal requirements for a license as a vocational nurse in this state and who for compensation or personal profit engages in vocational nursing, as defined under subdivision (a).(c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse.(d) A licensed vocational nurse practicing under the supervision of a naturopathic doctor shall be limited to performing those duties included within the scope of practice of a naturopathic doctor.(e) A naturopathic doctor supervising a licensed vocational nurse and furnishing or ordering drugs in accordance with standardized procedures or protocols developed with the approval of a supervising physician and surgeon, as authorized under Section 3640.5, shall identify within the established protocol that the naturopathic doctor is responsible for the supervision of a licensed vocational nurse or nurses and provide procedures for assistance and consultation with the supervising physician and surgeon regarding any issues that arise involving the naturopathic doctors supervision of a licensed vocational nurse or nurses in the furnishing or ordering of drugs.(f) (1) A naturopathic doctor supervising a licensed vocational nurse shall establish a written supervision protocol, listing the practice agreement, that includes all of the following:(A) A description of the duties and responsibilities of the licensed vocational nurse and, if applicable, disclosure of the procedure or protocol for the furnishing or ordering of drugs, as described in subdivision (e).(B) Policies and procedures to ensure adequate supervision of the licensed vocational nurse, including, but not limited to, appropriate communication, availability of supervision, location of venue or venues where services are to be provided, and availability of consultations between the naturopathic doctor and the licensed vocational nurse regarding the practice of vocational nursing.(C) The methods for the training and continuing evaluation of the competency and qualifications of the licensed vocational nurse.(2) The written supervision protocol required by this subdivision may be provided by means of an employment agreement or other practice agreement document.(3) A licensed vocational nurse shall provide a copy of the written supervision protocol prescribed by this subdivision to the board upon request by the board.(g) In addition to other acts constituting unprofessional conduct within the meaning of this chapter, failure to comply with the requirements for supervision in this chapter or any regulation adopted pursuant to it is considered unprofessional conduct and grounds for disciplinary action.
4860
4961 2859. (a) The practice of vocational nursing within the meaning of this chapter is the performance of services requiring those technical, manual skills acquired by means of a course in an approved school of vocational nursing, or its equivalent, practiced under the direction of a licensed physician and surgeon or registered nurse, as defined in Section 2725, or naturopathic doctor, as defined in Section 2859.1, and in accordance with this section and Section 2859.1.(b) A vocational nurse, within the meaning of this chapter, is a person who has met all the legal requirements for a license as a vocational nurse in this state and who for compensation or personal profit engages in vocational nursing, as defined under subdivision (a).(c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse.(d) A licensed vocational nurse practicing under the supervision of a naturopathic doctor shall be limited to performing those duties included within the scope of practice of a naturopathic doctor.(e) A naturopathic doctor supervising a licensed vocational nurse and furnishing or ordering drugs in accordance with standardized procedures or protocols developed with the approval of a supervising physician and surgeon, as authorized under Section 3640.5, shall identify within the established protocol that the naturopathic doctor is responsible for the supervision of a licensed vocational nurse or nurses and provide procedures for assistance and consultation with the supervising physician and surgeon regarding any issues that arise involving the naturopathic doctors supervision of a licensed vocational nurse or nurses in the furnishing or ordering of drugs.(f) (1) A naturopathic doctor supervising a licensed vocational nurse shall establish a written supervision protocol, listing the practice agreement, that includes all of the following:(A) A description of the duties and responsibilities of the licensed vocational nurse and, if applicable, disclosure of the procedure or protocol for the furnishing or ordering of drugs, as described in subdivision (e).(B) Policies and procedures to ensure adequate supervision of the licensed vocational nurse, including, but not limited to, appropriate communication, availability of supervision, location of venue or venues where services are to be provided, and availability of consultations between the naturopathic doctor and the licensed vocational nurse regarding the practice of vocational nursing.(C) The methods for the training and continuing evaluation of the competency and qualifications of the licensed vocational nurse.(2) The written supervision protocol required by this subdivision may be provided by means of an employment agreement or other practice agreement document.(3) A licensed vocational nurse shall provide a copy of the written supervision protocol prescribed by this subdivision to the board upon request by the board.(g) In addition to other acts constituting unprofessional conduct within the meaning of this chapter, failure to comply with the requirements for supervision in this chapter or any regulation adopted pursuant to it is considered unprofessional conduct and grounds for disciplinary action.
5062
5163 2859. (a) The practice of vocational nursing within the meaning of this chapter is the performance of services requiring those technical, manual skills acquired by means of a course in an approved school of vocational nursing, or its equivalent, practiced under the direction of a licensed physician and surgeon or registered nurse, as defined in Section 2725, or naturopathic doctor, as defined in Section 2859.1, and in accordance with this section and Section 2859.1.(b) A vocational nurse, within the meaning of this chapter, is a person who has met all the legal requirements for a license as a vocational nurse in this state and who for compensation or personal profit engages in vocational nursing, as defined under subdivision (a).(c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse.(d) A licensed vocational nurse practicing under the supervision of a naturopathic doctor shall be limited to performing those duties included within the scope of practice of a naturopathic doctor.(e) A naturopathic doctor supervising a licensed vocational nurse and furnishing or ordering drugs in accordance with standardized procedures or protocols developed with the approval of a supervising physician and surgeon, as authorized under Section 3640.5, shall identify within the established protocol that the naturopathic doctor is responsible for the supervision of a licensed vocational nurse or nurses and provide procedures for assistance and consultation with the supervising physician and surgeon regarding any issues that arise involving the naturopathic doctors supervision of a licensed vocational nurse or nurses in the furnishing or ordering of drugs.(f) (1) A naturopathic doctor supervising a licensed vocational nurse shall establish a written supervision protocol, listing the practice agreement, that includes all of the following:(A) A description of the duties and responsibilities of the licensed vocational nurse and, if applicable, disclosure of the procedure or protocol for the furnishing or ordering of drugs, as described in subdivision (e).(B) Policies and procedures to ensure adequate supervision of the licensed vocational nurse, including, but not limited to, appropriate communication, availability of supervision, location of venue or venues where services are to be provided, and availability of consultations between the naturopathic doctor and the licensed vocational nurse regarding the practice of vocational nursing.(C) The methods for the training and continuing evaluation of the competency and qualifications of the licensed vocational nurse.(2) The written supervision protocol required by this subdivision may be provided by means of an employment agreement or other practice agreement document.(3) A licensed vocational nurse shall provide a copy of the written supervision protocol prescribed by this subdivision to the board upon request by the board.(g) In addition to other acts constituting unprofessional conduct within the meaning of this chapter, failure to comply with the requirements for supervision in this chapter or any regulation adopted pursuant to it is considered unprofessional conduct and grounds for disciplinary action.
5264
5365
5466
5567 2859. (a) The practice of vocational nursing within the meaning of this chapter is the performance of services requiring those technical, manual skills acquired by means of a course in an approved school of vocational nursing, or its equivalent, practiced under the direction of a licensed physician and surgeon or registered nurse, as defined in Section 2725, or naturopathic doctor, as defined in Section 2859.1, and in accordance with this section and Section 2859.1.
5668
5769 (b) A vocational nurse, within the meaning of this chapter, is a person who has met all the legal requirements for a license as a vocational nurse in this state and who for compensation or personal profit engages in vocational nursing, as defined under subdivision (a).
5870
5971 (c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse.
6072
6173 (d) A licensed vocational nurse practicing under the supervision of a naturopathic doctor shall be limited to performing those duties included within the scope of practice of a naturopathic doctor.
6274
6375 (e) A naturopathic doctor supervising a licensed vocational nurse and furnishing or ordering drugs in accordance with standardized procedures or protocols developed with the approval of a supervising physician and surgeon, as authorized under Section 3640.5, shall identify within the established protocol that the naturopathic doctor is responsible for the supervision of a licensed vocational nurse or nurses and provide procedures for assistance and consultation with the supervising physician and surgeon regarding any issues that arise involving the naturopathic doctors supervision of a licensed vocational nurse or nurses in the furnishing or ordering of drugs.
6476
6577 (f) (1) A naturopathic doctor supervising a licensed vocational nurse shall establish a written supervision protocol, listing the practice agreement, that includes all of the following:
6678
6779 (A) A description of the duties and responsibilities of the licensed vocational nurse and, if applicable, disclosure of the procedure or protocol for the furnishing or ordering of drugs, as described in subdivision (e).
6880
6981 (B) Policies and procedures to ensure adequate supervision of the licensed vocational nurse, including, but not limited to, appropriate communication, availability of supervision, location of venue or venues where services are to be provided, and availability of consultations between the naturopathic doctor and the licensed vocational nurse regarding the practice of vocational nursing.
7082
7183 (C) The methods for the training and continuing evaluation of the competency and qualifications of the licensed vocational nurse.
7284
7385 (2) The written supervision protocol required by this subdivision may be provided by means of an employment agreement or other practice agreement document.
7486
7587 (3) A licensed vocational nurse shall provide a copy of the written supervision protocol prescribed by this subdivision to the board upon request by the board.
7688
7789 (g) In addition to other acts constituting unprofessional conduct within the meaning of this chapter, failure to comply with the requirements for supervision in this chapter or any regulation adopted pursuant to it is considered unprofessional conduct and grounds for disciplinary action.
7890
7991 SEC. 2. Section 2859.1 is added to the Business and Professions Code, to read:2859.1. (a) For purposes of this chapter, the following definitions apply: (1) Naturopathic doctor means a person who holds a current, active, and unrestricted license pursuant to the Naturopathic Doctors Act (Chapter 8.2 commencing with Section 3610).(2) (A) Supervision or supervising, as used in connection with the supervision of a licensed vocational nurse by a naturopathic doctor, means the supervision of procedures authorized by this section and Section 2859 that are within the scope of practice of the naturopathic doctor, and means that a naturopathic doctor oversees the activities of, and accepts responsibility for, those services described in this section and Section 2859 that are performed by a supervised licensed vocational nurse. Supervision in this context does not require the physical presence of a naturopathic doctor, but does require both of the following:(i) Adherence to adequate supervision as agreed to in the practice agreement described in Section 2859.(ii) The naturopathic doctor being available by telephone at the time the licensed vocational nurse examines the patient.(B) This definition does not prohibit the board from requiring the physical presence of a naturopathic doctor as a term or condition of the discipline, reinstatement, or probation of a licensed vocational nurse.(b) This section does not authorize a naturopathic doctor to supervise or direct a licensed vocational nurse to start or superimpose intravenous fluids in a manner that would violate Section 2860.5, including by performing the procedure outside of an organized health care system.(c) This section does not authorize a licensed vocational nurse to perform any of the following acts:(1) Administering Botox, Juvederm, Kybella, or glutathione injections.(2) Performing platelet-rich plasma therapy.(3) Performing skin growth removal procedures.(4) Performing other cosmetic procedures outside the scope of practice of a licensed vocational nurse, as determined by the board.(5) Administering laser, light, steam, or ultraviolet treatment therapies, unless directed by a physician and surgeon or naturopathic doctor for a medically necessary purpose.(6) Starting or superimposing intravenous fluids independently in unsupervised home care or other unauthorized setting.(d) This section does not authorize an unlicensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse.(e) This section does not authorize a licensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse who has a license that is not current and active.(f) If a naturopathic doctor provides supervision of a licensed vocational nurse who has a restricted license due to a probationary order, then the supervising naturopathic doctor shall ensure that they comply and provide supervision within the terms of the probationary order.
8092
8193 SEC. 2. Section 2859.1 is added to the Business and Professions Code, to read:
8294
8395 ### SEC. 2.
8496
8597 2859.1. (a) For purposes of this chapter, the following definitions apply: (1) Naturopathic doctor means a person who holds a current, active, and unrestricted license pursuant to the Naturopathic Doctors Act (Chapter 8.2 commencing with Section 3610).(2) (A) Supervision or supervising, as used in connection with the supervision of a licensed vocational nurse by a naturopathic doctor, means the supervision of procedures authorized by this section and Section 2859 that are within the scope of practice of the naturopathic doctor, and means that a naturopathic doctor oversees the activities of, and accepts responsibility for, those services described in this section and Section 2859 that are performed by a supervised licensed vocational nurse. Supervision in this context does not require the physical presence of a naturopathic doctor, but does require both of the following:(i) Adherence to adequate supervision as agreed to in the practice agreement described in Section 2859.(ii) The naturopathic doctor being available by telephone at the time the licensed vocational nurse examines the patient.(B) This definition does not prohibit the board from requiring the physical presence of a naturopathic doctor as a term or condition of the discipline, reinstatement, or probation of a licensed vocational nurse.(b) This section does not authorize a naturopathic doctor to supervise or direct a licensed vocational nurse to start or superimpose intravenous fluids in a manner that would violate Section 2860.5, including by performing the procedure outside of an organized health care system.(c) This section does not authorize a licensed vocational nurse to perform any of the following acts:(1) Administering Botox, Juvederm, Kybella, or glutathione injections.(2) Performing platelet-rich plasma therapy.(3) Performing skin growth removal procedures.(4) Performing other cosmetic procedures outside the scope of practice of a licensed vocational nurse, as determined by the board.(5) Administering laser, light, steam, or ultraviolet treatment therapies, unless directed by a physician and surgeon or naturopathic doctor for a medically necessary purpose.(6) Starting or superimposing intravenous fluids independently in unsupervised home care or other unauthorized setting.(d) This section does not authorize an unlicensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse.(e) This section does not authorize a licensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse who has a license that is not current and active.(f) If a naturopathic doctor provides supervision of a licensed vocational nurse who has a restricted license due to a probationary order, then the supervising naturopathic doctor shall ensure that they comply and provide supervision within the terms of the probationary order.
8698
8799 2859.1. (a) For purposes of this chapter, the following definitions apply: (1) Naturopathic doctor means a person who holds a current, active, and unrestricted license pursuant to the Naturopathic Doctors Act (Chapter 8.2 commencing with Section 3610).(2) (A) Supervision or supervising, as used in connection with the supervision of a licensed vocational nurse by a naturopathic doctor, means the supervision of procedures authorized by this section and Section 2859 that are within the scope of practice of the naturopathic doctor, and means that a naturopathic doctor oversees the activities of, and accepts responsibility for, those services described in this section and Section 2859 that are performed by a supervised licensed vocational nurse. Supervision in this context does not require the physical presence of a naturopathic doctor, but does require both of the following:(i) Adherence to adequate supervision as agreed to in the practice agreement described in Section 2859.(ii) The naturopathic doctor being available by telephone at the time the licensed vocational nurse examines the patient.(B) This definition does not prohibit the board from requiring the physical presence of a naturopathic doctor as a term or condition of the discipline, reinstatement, or probation of a licensed vocational nurse.(b) This section does not authorize a naturopathic doctor to supervise or direct a licensed vocational nurse to start or superimpose intravenous fluids in a manner that would violate Section 2860.5, including by performing the procedure outside of an organized health care system.(c) This section does not authorize a licensed vocational nurse to perform any of the following acts:(1) Administering Botox, Juvederm, Kybella, or glutathione injections.(2) Performing platelet-rich plasma therapy.(3) Performing skin growth removal procedures.(4) Performing other cosmetic procedures outside the scope of practice of a licensed vocational nurse, as determined by the board.(5) Administering laser, light, steam, or ultraviolet treatment therapies, unless directed by a physician and surgeon or naturopathic doctor for a medically necessary purpose.(6) Starting or superimposing intravenous fluids independently in unsupervised home care or other unauthorized setting.(d) This section does not authorize an unlicensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse.(e) This section does not authorize a licensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse who has a license that is not current and active.(f) If a naturopathic doctor provides supervision of a licensed vocational nurse who has a restricted license due to a probationary order, then the supervising naturopathic doctor shall ensure that they comply and provide supervision within the terms of the probationary order.
88100
89101 2859.1. (a) For purposes of this chapter, the following definitions apply: (1) Naturopathic doctor means a person who holds a current, active, and unrestricted license pursuant to the Naturopathic Doctors Act (Chapter 8.2 commencing with Section 3610).(2) (A) Supervision or supervising, as used in connection with the supervision of a licensed vocational nurse by a naturopathic doctor, means the supervision of procedures authorized by this section and Section 2859 that are within the scope of practice of the naturopathic doctor, and means that a naturopathic doctor oversees the activities of, and accepts responsibility for, those services described in this section and Section 2859 that are performed by a supervised licensed vocational nurse. Supervision in this context does not require the physical presence of a naturopathic doctor, but does require both of the following:(i) Adherence to adequate supervision as agreed to in the practice agreement described in Section 2859.(ii) The naturopathic doctor being available by telephone at the time the licensed vocational nurse examines the patient.(B) This definition does not prohibit the board from requiring the physical presence of a naturopathic doctor as a term or condition of the discipline, reinstatement, or probation of a licensed vocational nurse.(b) This section does not authorize a naturopathic doctor to supervise or direct a licensed vocational nurse to start or superimpose intravenous fluids in a manner that would violate Section 2860.5, including by performing the procedure outside of an organized health care system.(c) This section does not authorize a licensed vocational nurse to perform any of the following acts:(1) Administering Botox, Juvederm, Kybella, or glutathione injections.(2) Performing platelet-rich plasma therapy.(3) Performing skin growth removal procedures.(4) Performing other cosmetic procedures outside the scope of practice of a licensed vocational nurse, as determined by the board.(5) Administering laser, light, steam, or ultraviolet treatment therapies, unless directed by a physician and surgeon or naturopathic doctor for a medically necessary purpose.(6) Starting or superimposing intravenous fluids independently in unsupervised home care or other unauthorized setting.(d) This section does not authorize an unlicensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse.(e) This section does not authorize a licensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse who has a license that is not current and active.(f) If a naturopathic doctor provides supervision of a licensed vocational nurse who has a restricted license due to a probationary order, then the supervising naturopathic doctor shall ensure that they comply and provide supervision within the terms of the probationary order.
90102
91103
92104
93105 2859.1. (a) For purposes of this chapter, the following definitions apply:
94106
95107 (1) Naturopathic doctor means a person who holds a current, active, and unrestricted license pursuant to the Naturopathic Doctors Act (Chapter 8.2 commencing with Section 3610).
96108
97109 (2) (A) Supervision or supervising, as used in connection with the supervision of a licensed vocational nurse by a naturopathic doctor, means the supervision of procedures authorized by this section and Section 2859 that are within the scope of practice of the naturopathic doctor, and means that a naturopathic doctor oversees the activities of, and accepts responsibility for, those services described in this section and Section 2859 that are performed by a supervised licensed vocational nurse. Supervision in this context does not require the physical presence of a naturopathic doctor, but does require both of the following:
98110
99111 (i) Adherence to adequate supervision as agreed to in the practice agreement described in Section 2859.
100112
101113 (ii) The naturopathic doctor being available by telephone at the time the licensed vocational nurse examines the patient.
102114
103115 (B) This definition does not prohibit the board from requiring the physical presence of a naturopathic doctor as a term or condition of the discipline, reinstatement, or probation of a licensed vocational nurse.
104116
105117 (b) This section does not authorize a naturopathic doctor to supervise or direct a licensed vocational nurse to start or superimpose intravenous fluids in a manner that would violate Section 2860.5, including by performing the procedure outside of an organized health care system.
106118
107119 (c) This section does not authorize a licensed vocational nurse to perform any of the following acts:
108120
109121 (1) Administering Botox, Juvederm, Kybella, or glutathione injections.
110122
111123 (2) Performing platelet-rich plasma therapy.
112124
113125 (3) Performing skin growth removal procedures.
114126
115127 (4) Performing other cosmetic procedures outside the scope of practice of a licensed vocational nurse, as determined by the board.
116128
117129 (5) Administering laser, light, steam, or ultraviolet treatment therapies, unless directed by a physician and surgeon or naturopathic doctor for a medically necessary purpose.
118130
119131 (6) Starting or superimposing intravenous fluids independently in unsupervised home care or other unauthorized setting.
120132
121133 (d) This section does not authorize an unlicensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse.
122134
123135 (e) This section does not authorize a licensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse who has a license that is not current and active.
124136
125137 (f) If a naturopathic doctor provides supervision of a licensed vocational nurse who has a restricted license due to a probationary order, then the supervising naturopathic doctor shall ensure that they comply and provide supervision within the terms of the probationary order.
126138
127139 SEC. 3. Section 2860.5 of the Business and Professions Code is amended to read:2860.5. (a) Subject to subdivision (b), a licensed vocational nurse when directed by a licensed physician and surgeon or naturopathic doctor may do all of the following:(1) Administer medications by hypodermic injection.(2) Withdraw blood from a patient, if the licensed vocational nurse has been instructed by a licensed physician and surgeon and has demonstrated competence to the licensed physician and surgeon in the proper procedure to be employed when withdrawing blood, or has satisfactorily completed a prescribed course of instruction approved by the board, or has demonstrated competence to the satisfaction of the board.(3) Start and superimpose intravenous fluids if all of the following additional conditions are satisfied:(A) The licensed vocational nurse has satisfactorily completed a prescribed course of instruction approved by the board or has demonstrated competence to the satisfaction of the board.(B) The procedure is performed in an organized health care system in accordance with the written standardized procedures adopted by the organized health care system as formulated by a committee which includes representatives of the medical, nursing, and administrative staffs. Organized health care system, as used in this section, includes facilities licensed pursuant to Section 1250 of the Health and Safety Code, clinics, home health agencies, physicians offices, naturopathic doctors offices, and public or community health services. Standardized procedures so adopted will be reproduced in writing and made available to total medical and nursing staffs.(C) If the licensed vocational nurse is directed by a naturopathic doctor, the naturopathic doctor is qualified to administer intravenous therapy under Section 3640.8.(b) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this section that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.(c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or a naturopathic doctor.
128140
129141 SEC. 3. Section 2860.5 of the Business and Professions Code is amended to read:
130142
131143 ### SEC. 3.
132144
133145 2860.5. (a) Subject to subdivision (b), a licensed vocational nurse when directed by a licensed physician and surgeon or naturopathic doctor may do all of the following:(1) Administer medications by hypodermic injection.(2) Withdraw blood from a patient, if the licensed vocational nurse has been instructed by a licensed physician and surgeon and has demonstrated competence to the licensed physician and surgeon in the proper procedure to be employed when withdrawing blood, or has satisfactorily completed a prescribed course of instruction approved by the board, or has demonstrated competence to the satisfaction of the board.(3) Start and superimpose intravenous fluids if all of the following additional conditions are satisfied:(A) The licensed vocational nurse has satisfactorily completed a prescribed course of instruction approved by the board or has demonstrated competence to the satisfaction of the board.(B) The procedure is performed in an organized health care system in accordance with the written standardized procedures adopted by the organized health care system as formulated by a committee which includes representatives of the medical, nursing, and administrative staffs. Organized health care system, as used in this section, includes facilities licensed pursuant to Section 1250 of the Health and Safety Code, clinics, home health agencies, physicians offices, naturopathic doctors offices, and public or community health services. Standardized procedures so adopted will be reproduced in writing and made available to total medical and nursing staffs.(C) If the licensed vocational nurse is directed by a naturopathic doctor, the naturopathic doctor is qualified to administer intravenous therapy under Section 3640.8.(b) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this section that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.(c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or a naturopathic doctor.
134146
135147 2860.5. (a) Subject to subdivision (b), a licensed vocational nurse when directed by a licensed physician and surgeon or naturopathic doctor may do all of the following:(1) Administer medications by hypodermic injection.(2) Withdraw blood from a patient, if the licensed vocational nurse has been instructed by a licensed physician and surgeon and has demonstrated competence to the licensed physician and surgeon in the proper procedure to be employed when withdrawing blood, or has satisfactorily completed a prescribed course of instruction approved by the board, or has demonstrated competence to the satisfaction of the board.(3) Start and superimpose intravenous fluids if all of the following additional conditions are satisfied:(A) The licensed vocational nurse has satisfactorily completed a prescribed course of instruction approved by the board or has demonstrated competence to the satisfaction of the board.(B) The procedure is performed in an organized health care system in accordance with the written standardized procedures adopted by the organized health care system as formulated by a committee which includes representatives of the medical, nursing, and administrative staffs. Organized health care system, as used in this section, includes facilities licensed pursuant to Section 1250 of the Health and Safety Code, clinics, home health agencies, physicians offices, naturopathic doctors offices, and public or community health services. Standardized procedures so adopted will be reproduced in writing and made available to total medical and nursing staffs.(C) If the licensed vocational nurse is directed by a naturopathic doctor, the naturopathic doctor is qualified to administer intravenous therapy under Section 3640.8.(b) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this section that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.(c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or a naturopathic doctor.
136148
137149 2860.5. (a) Subject to subdivision (b), a licensed vocational nurse when directed by a licensed physician and surgeon or naturopathic doctor may do all of the following:(1) Administer medications by hypodermic injection.(2) Withdraw blood from a patient, if the licensed vocational nurse has been instructed by a licensed physician and surgeon and has demonstrated competence to the licensed physician and surgeon in the proper procedure to be employed when withdrawing blood, or has satisfactorily completed a prescribed course of instruction approved by the board, or has demonstrated competence to the satisfaction of the board.(3) Start and superimpose intravenous fluids if all of the following additional conditions are satisfied:(A) The licensed vocational nurse has satisfactorily completed a prescribed course of instruction approved by the board or has demonstrated competence to the satisfaction of the board.(B) The procedure is performed in an organized health care system in accordance with the written standardized procedures adopted by the organized health care system as formulated by a committee which includes representatives of the medical, nursing, and administrative staffs. Organized health care system, as used in this section, includes facilities licensed pursuant to Section 1250 of the Health and Safety Code, clinics, home health agencies, physicians offices, naturopathic doctors offices, and public or community health services. Standardized procedures so adopted will be reproduced in writing and made available to total medical and nursing staffs.(C) If the licensed vocational nurse is directed by a naturopathic doctor, the naturopathic doctor is qualified to administer intravenous therapy under Section 3640.8.(b) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this section that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.(c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or a naturopathic doctor.
138150
139151
140152
141153 2860.5. (a) Subject to subdivision (b), a licensed vocational nurse when directed by a licensed physician and surgeon or naturopathic doctor may do all of the following:
142154
143155 (1) Administer medications by hypodermic injection.
144156
145157 (2) Withdraw blood from a patient, if the licensed vocational nurse has been instructed by a licensed physician and surgeon and has demonstrated competence to the licensed physician and surgeon in the proper procedure to be employed when withdrawing blood, or has satisfactorily completed a prescribed course of instruction approved by the board, or has demonstrated competence to the satisfaction of the board.
146158
147159 (3) Start and superimpose intravenous fluids if all of the following additional conditions are satisfied:
148160
149161 (A) The licensed vocational nurse has satisfactorily completed a prescribed course of instruction approved by the board or has demonstrated competence to the satisfaction of the board.
150162
151163 (B) The procedure is performed in an organized health care system in accordance with the written standardized procedures adopted by the organized health care system as formulated by a committee which includes representatives of the medical, nursing, and administrative staffs. Organized health care system, as used in this section, includes facilities licensed pursuant to Section 1250 of the Health and Safety Code, clinics, home health agencies, physicians offices, naturopathic doctors offices, and public or community health services. Standardized procedures so adopted will be reproduced in writing and made available to total medical and nursing staffs.
152164
153165 (C) If the licensed vocational nurse is directed by a naturopathic doctor, the naturopathic doctor is qualified to administer intravenous therapy under Section 3640.8.
154166
155167 (b) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this section that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.
156168
157169 (c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or a naturopathic doctor.
158170
159171 SEC. 4. Section 2860.7 of the Business and Professions Code is amended to read:2860.7. (a) (1) A licensed vocational nurse, acting under the direction of a licensed physician and surgeon or naturopathic doctor may perform any of the following:(A) Tuberculin skin tests, coccidioidin skin tests, and histoplasmin skin tests, providing such administration is within the course of a tuberculosis control program.(B) Immunization techniques, providing such administration is upon standing orders of a supervising licensed physician and surgeon or naturopathic doctor, or pursuant to written guidelines adopted by a hospital or medical group with whom the supervising licensed physician and surgeon or naturopathic doctor is associated.(2) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this subdivision that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.(b) The supervising licensed physician and surgeon or naturopathic doctor under whose direction the licensed vocational nurse is acting pursuant to subdivision (a) shall require the licensed vocational nurse to do all of the following:(1) Satisfactorily demonstrate competence in the administration of immunizing agents, including knowledge of all indications and contraindications for the administration of such agents, and in the recognition and treatment of any emergency reactions to such agents which constitute a danger to the health or life of the person receiving the immunizations.(2) Possess such medications and equipment as required, in the medical judgment of the supervising licensed physician and surgeon or naturopathic doctor, to treat any emergency conditions and reactions caused by the immunizing agents and which constitute a danger to the health or life of the person receiving the immunization, and to demonstrate the ability to administer such medications and to utilize such equipment as necessary.(c) This section does not require physical presence of a directing or supervising licensed physician and surgeon or naturopathic doctor, or the examination by a licensed physician and surgeon or naturopathic doctor of persons to be tested or immunized.(d) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or naturopathic doctor.
160172
161173 SEC. 4. Section 2860.7 of the Business and Professions Code is amended to read:
162174
163175 ### SEC. 4.
164176
165177 2860.7. (a) (1) A licensed vocational nurse, acting under the direction of a licensed physician and surgeon or naturopathic doctor may perform any of the following:(A) Tuberculin skin tests, coccidioidin skin tests, and histoplasmin skin tests, providing such administration is within the course of a tuberculosis control program.(B) Immunization techniques, providing such administration is upon standing orders of a supervising licensed physician and surgeon or naturopathic doctor, or pursuant to written guidelines adopted by a hospital or medical group with whom the supervising licensed physician and surgeon or naturopathic doctor is associated.(2) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this subdivision that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.(b) The supervising licensed physician and surgeon or naturopathic doctor under whose direction the licensed vocational nurse is acting pursuant to subdivision (a) shall require the licensed vocational nurse to do all of the following:(1) Satisfactorily demonstrate competence in the administration of immunizing agents, including knowledge of all indications and contraindications for the administration of such agents, and in the recognition and treatment of any emergency reactions to such agents which constitute a danger to the health or life of the person receiving the immunizations.(2) Possess such medications and equipment as required, in the medical judgment of the supervising licensed physician and surgeon or naturopathic doctor, to treat any emergency conditions and reactions caused by the immunizing agents and which constitute a danger to the health or life of the person receiving the immunization, and to demonstrate the ability to administer such medications and to utilize such equipment as necessary.(c) This section does not require physical presence of a directing or supervising licensed physician and surgeon or naturopathic doctor, or the examination by a licensed physician and surgeon or naturopathic doctor of persons to be tested or immunized.(d) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or naturopathic doctor.
166178
167179 2860.7. (a) (1) A licensed vocational nurse, acting under the direction of a licensed physician and surgeon or naturopathic doctor may perform any of the following:(A) Tuberculin skin tests, coccidioidin skin tests, and histoplasmin skin tests, providing such administration is within the course of a tuberculosis control program.(B) Immunization techniques, providing such administration is upon standing orders of a supervising licensed physician and surgeon or naturopathic doctor, or pursuant to written guidelines adopted by a hospital or medical group with whom the supervising licensed physician and surgeon or naturopathic doctor is associated.(2) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this subdivision that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.(b) The supervising licensed physician and surgeon or naturopathic doctor under whose direction the licensed vocational nurse is acting pursuant to subdivision (a) shall require the licensed vocational nurse to do all of the following:(1) Satisfactorily demonstrate competence in the administration of immunizing agents, including knowledge of all indications and contraindications for the administration of such agents, and in the recognition and treatment of any emergency reactions to such agents which constitute a danger to the health or life of the person receiving the immunizations.(2) Possess such medications and equipment as required, in the medical judgment of the supervising licensed physician and surgeon or naturopathic doctor, to treat any emergency conditions and reactions caused by the immunizing agents and which constitute a danger to the health or life of the person receiving the immunization, and to demonstrate the ability to administer such medications and to utilize such equipment as necessary.(c) This section does not require physical presence of a directing or supervising licensed physician and surgeon or naturopathic doctor, or the examination by a licensed physician and surgeon or naturopathic doctor of persons to be tested or immunized.(d) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or naturopathic doctor.
168180
169181 2860.7. (a) (1) A licensed vocational nurse, acting under the direction of a licensed physician and surgeon or naturopathic doctor may perform any of the following:(A) Tuberculin skin tests, coccidioidin skin tests, and histoplasmin skin tests, providing such administration is within the course of a tuberculosis control program.(B) Immunization techniques, providing such administration is upon standing orders of a supervising licensed physician and surgeon or naturopathic doctor, or pursuant to written guidelines adopted by a hospital or medical group with whom the supervising licensed physician and surgeon or naturopathic doctor is associated.(2) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this subdivision that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.(b) The supervising licensed physician and surgeon or naturopathic doctor under whose direction the licensed vocational nurse is acting pursuant to subdivision (a) shall require the licensed vocational nurse to do all of the following:(1) Satisfactorily demonstrate competence in the administration of immunizing agents, including knowledge of all indications and contraindications for the administration of such agents, and in the recognition and treatment of any emergency reactions to such agents which constitute a danger to the health or life of the person receiving the immunizations.(2) Possess such medications and equipment as required, in the medical judgment of the supervising licensed physician and surgeon or naturopathic doctor, to treat any emergency conditions and reactions caused by the immunizing agents and which constitute a danger to the health or life of the person receiving the immunization, and to demonstrate the ability to administer such medications and to utilize such equipment as necessary.(c) This section does not require physical presence of a directing or supervising licensed physician and surgeon or naturopathic doctor, or the examination by a licensed physician and surgeon or naturopathic doctor of persons to be tested or immunized.(d) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or naturopathic doctor.
170182
171183
172184
173185 2860.7. (a) (1) A licensed vocational nurse, acting under the direction of a licensed physician and surgeon or naturopathic doctor may perform any of the following:
174186
175187 (A) Tuberculin skin tests, coccidioidin skin tests, and histoplasmin skin tests, providing such administration is within the course of a tuberculosis control program.
176188
177189 (B) Immunization techniques, providing such administration is upon standing orders of a supervising licensed physician and surgeon or naturopathic doctor, or pursuant to written guidelines adopted by a hospital or medical group with whom the supervising licensed physician and surgeon or naturopathic doctor is associated.
178190
179191 (2) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this subdivision that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.
180192
181193 (b) The supervising licensed physician and surgeon or naturopathic doctor under whose direction the licensed vocational nurse is acting pursuant to subdivision (a) shall require the licensed vocational nurse to do all of the following:
182194
183195 (1) Satisfactorily demonstrate competence in the administration of immunizing agents, including knowledge of all indications and contraindications for the administration of such agents, and in the recognition and treatment of any emergency reactions to such agents which constitute a danger to the health or life of the person receiving the immunizations.
184196
185197 (2) Possess such medications and equipment as required, in the medical judgment of the supervising licensed physician and surgeon or naturopathic doctor, to treat any emergency conditions and reactions caused by the immunizing agents and which constitute a danger to the health or life of the person receiving the immunization, and to demonstrate the ability to administer such medications and to utilize such equipment as necessary.
186198
187199 (c) This section does not require physical presence of a directing or supervising licensed physician and surgeon or naturopathic doctor, or the examination by a licensed physician and surgeon or naturopathic doctor of persons to be tested or immunized.
188200
189201 (d) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or naturopathic doctor.
190202
191203 SEC. 5. Section 3640.1 is added to the Business and Professions Code, to read:3640.1. (a) A naturopathic doctor may provide supervision and direction to a licensed vocational nurse in accordance with Sections 2859 and 2859.1.(b) A naturopathic doctor shall not direct a licensed vocational nurse under their employment to take any action outside the scope of practice of the naturopathic doctor.
192204
193205 SEC. 5. Section 3640.1 is added to the Business and Professions Code, to read:
194206
195207 ### SEC. 5.
196208
197209 3640.1. (a) A naturopathic doctor may provide supervision and direction to a licensed vocational nurse in accordance with Sections 2859 and 2859.1.(b) A naturopathic doctor shall not direct a licensed vocational nurse under their employment to take any action outside the scope of practice of the naturopathic doctor.
198210
199211 3640.1. (a) A naturopathic doctor may provide supervision and direction to a licensed vocational nurse in accordance with Sections 2859 and 2859.1.(b) A naturopathic doctor shall not direct a licensed vocational nurse under their employment to take any action outside the scope of practice of the naturopathic doctor.
200212
201213 3640.1. (a) A naturopathic doctor may provide supervision and direction to a licensed vocational nurse in accordance with Sections 2859 and 2859.1.(b) A naturopathic doctor shall not direct a licensed vocational nurse under their employment to take any action outside the scope of practice of the naturopathic doctor.
202214
203215
204216
205217 3640.1. (a) A naturopathic doctor may provide supervision and direction to a licensed vocational nurse in accordance with Sections 2859 and 2859.1.
206218
207219 (b) A naturopathic doctor shall not direct a licensed vocational nurse under their employment to take any action outside the scope of practice of the naturopathic doctor.