California 2023 2023-2024 Regular Session

California Assembly Bill AB2578 Amended / Bill

Filed 03/21/2024

                    Amended IN  Assembly  March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2578Introduced by Assembly Member FloraFebruary 14, 2024An act to amend Section 2729 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 2578, as amended, Flora. Nursing. Nursing: students in out-of-state nursing programs.Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing to license and regulate the practice of nursing. The act prohibits a person from engaging in the practice of nursing without an active license but authorizes a student to render nursing services incidental to the students course of study, as specified.This bill would make a nonsubstantive change to those provisions. additionally authorize a student to render nursing services if the student is a resident of the state and enrolled in a prelicensure distance education nursing program based at an out-of-state private postsecondary educational institution, as defined, for the purpose of gaining clinical experience in a clinical setting that meets certain criteria, including that the program is accredited by a programmatic accreditation entity recognized by the United States Department of Education and that the program maintains minimum faculty to student ratios required of board-approved programs for in-person clinical experiences. The bill would require the student to be supervised in person by a registered nurse licensed by the board while rendering nursing services. The bill would prohibit a clinical agency or facility from offering clinical experience placements to an out-of-state private postsecondary educational institution if the placements are needed to fulfill the clinical experience requirements of in-state students enrolled in a board-approved nursing program.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2729 of the Business and Professions Code is amended to read:2729. A student may render nursing services if those services are incidental to the course of study of one of the following:(a) A student enrolled in a board-approved prelicensure program or school of nursing.(b) A nurse licensed in another state or country taking a board-approved continuing education course or a postlicensure course.(c) (1) A student who is a resident of the state and enrolled in a prelicensure distance education nursing program based at an out-of-state private postsecondary educational institution for the purpose of gaining clinical experience in a clinical setting that meets all of the following criteria:(A) The program is accredited by a programmatic accreditation entity recognized by the United States Department of Education.(B) The board does not otherwise approve the program.(C) The student placement does not impact any students already assigned to the agency or facility.(D) The program does not make payments to any clinical agency or facility in exchange for clinical experience placements for students enrolled in a nursing program offered by or affiliated with the institution or private postsecondary school of nursing.(E) The program qualifies graduates for licensure under this chapter.(F) The program maintains minimum faculty to student ratios required of board-approved programs for in-person clinical experiences.(G) The program pays a one-time fee of one hundred dollars ($100) to the board for each student under this subdivision who participates in clinical experience placements in the state.(2) A student described by this subdivision shall be supervised in person by a registered nurse licensed by the board pursuant to this chapter while rendering nursing services.(3) A clinical agency or facility shall not offer clinical experience placements to an out-of-state private postsecondary educational institution if the placements are needed to fulfill the clinical experience requirements of an in-state student enrolled in a board-approved nursing program.(4) For purposes of this subdivision, out-of-state private postsecondary educational institution has the same meaning as defined in Section 94850.5 of the Education Code.

 Amended IN  Assembly  March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2578Introduced by Assembly Member FloraFebruary 14, 2024An act to amend Section 2729 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 2578, as amended, Flora. Nursing. Nursing: students in out-of-state nursing programs.Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing to license and regulate the practice of nursing. The act prohibits a person from engaging in the practice of nursing without an active license but authorizes a student to render nursing services incidental to the students course of study, as specified.This bill would make a nonsubstantive change to those provisions. additionally authorize a student to render nursing services if the student is a resident of the state and enrolled in a prelicensure distance education nursing program based at an out-of-state private postsecondary educational institution, as defined, for the purpose of gaining clinical experience in a clinical setting that meets certain criteria, including that the program is accredited by a programmatic accreditation entity recognized by the United States Department of Education and that the program maintains minimum faculty to student ratios required of board-approved programs for in-person clinical experiences. The bill would require the student to be supervised in person by a registered nurse licensed by the board while rendering nursing services. The bill would prohibit a clinical agency or facility from offering clinical experience placements to an out-of-state private postsecondary educational institution if the placements are needed to fulfill the clinical experience requirements of in-state students enrolled in a board-approved nursing program.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  March 21, 2024

Amended IN  Assembly  March 21, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2578

Introduced by Assembly Member FloraFebruary 14, 2024

Introduced by Assembly Member Flora
February 14, 2024

An act to amend Section 2729 of the Business and Professions Code, relating to healing arts. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2578, as amended, Flora. Nursing. Nursing: students in out-of-state nursing programs.

Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing to license and regulate the practice of nursing. The act prohibits a person from engaging in the practice of nursing without an active license but authorizes a student to render nursing services incidental to the students course of study, as specified.This bill would make a nonsubstantive change to those provisions. additionally authorize a student to render nursing services if the student is a resident of the state and enrolled in a prelicensure distance education nursing program based at an out-of-state private postsecondary educational institution, as defined, for the purpose of gaining clinical experience in a clinical setting that meets certain criteria, including that the program is accredited by a programmatic accreditation entity recognized by the United States Department of Education and that the program maintains minimum faculty to student ratios required of board-approved programs for in-person clinical experiences. The bill would require the student to be supervised in person by a registered nurse licensed by the board while rendering nursing services. The bill would prohibit a clinical agency or facility from offering clinical experience placements to an out-of-state private postsecondary educational institution if the placements are needed to fulfill the clinical experience requirements of in-state students enrolled in a board-approved nursing program.

Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing to license and regulate the practice of nursing. The act prohibits a person from engaging in the practice of nursing without an active license but authorizes a student to render nursing services incidental to the students course of study, as specified.

This bill would make a nonsubstantive change to those provisions. additionally authorize a student to render nursing services if the student is a resident of the state and enrolled in a prelicensure distance education nursing program based at an out-of-state private postsecondary educational institution, as defined, for the purpose of gaining clinical experience in a clinical setting that meets certain criteria, including that the program is accredited by a programmatic accreditation entity recognized by the United States Department of Education and that the program maintains minimum faculty to student ratios required of board-approved programs for in-person clinical experiences. The bill would require the student to be supervised in person by a registered nurse licensed by the board while rendering nursing services. The bill would prohibit a clinical agency or facility from offering clinical experience placements to an out-of-state private postsecondary educational institution if the placements are needed to fulfill the clinical experience requirements of in-state students enrolled in a board-approved nursing program.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 2729 of the Business and Professions Code is amended to read:2729. A student may render nursing services if those services are incidental to the course of study of one of the following:(a) A student enrolled in a board-approved prelicensure program or school of nursing.(b) A nurse licensed in another state or country taking a board-approved continuing education course or a postlicensure course.(c) (1) A student who is a resident of the state and enrolled in a prelicensure distance education nursing program based at an out-of-state private postsecondary educational institution for the purpose of gaining clinical experience in a clinical setting that meets all of the following criteria:(A) The program is accredited by a programmatic accreditation entity recognized by the United States Department of Education.(B) The board does not otherwise approve the program.(C) The student placement does not impact any students already assigned to the agency or facility.(D) The program does not make payments to any clinical agency or facility in exchange for clinical experience placements for students enrolled in a nursing program offered by or affiliated with the institution or private postsecondary school of nursing.(E) The program qualifies graduates for licensure under this chapter.(F) The program maintains minimum faculty to student ratios required of board-approved programs for in-person clinical experiences.(G) The program pays a one-time fee of one hundred dollars ($100) to the board for each student under this subdivision who participates in clinical experience placements in the state.(2) A student described by this subdivision shall be supervised in person by a registered nurse licensed by the board pursuant to this chapter while rendering nursing services.(3) A clinical agency or facility shall not offer clinical experience placements to an out-of-state private postsecondary educational institution if the placements are needed to fulfill the clinical experience requirements of an in-state student enrolled in a board-approved nursing program.(4) For purposes of this subdivision, out-of-state private postsecondary educational institution has the same meaning as defined in Section 94850.5 of the Education Code.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 2729 of the Business and Professions Code is amended to read:2729. A student may render nursing services if those services are incidental to the course of study of one of the following:(a) A student enrolled in a board-approved prelicensure program or school of nursing.(b) A nurse licensed in another state or country taking a board-approved continuing education course or a postlicensure course.(c) (1) A student who is a resident of the state and enrolled in a prelicensure distance education nursing program based at an out-of-state private postsecondary educational institution for the purpose of gaining clinical experience in a clinical setting that meets all of the following criteria:(A) The program is accredited by a programmatic accreditation entity recognized by the United States Department of Education.(B) The board does not otherwise approve the program.(C) The student placement does not impact any students already assigned to the agency or facility.(D) The program does not make payments to any clinical agency or facility in exchange for clinical experience placements for students enrolled in a nursing program offered by or affiliated with the institution or private postsecondary school of nursing.(E) The program qualifies graduates for licensure under this chapter.(F) The program maintains minimum faculty to student ratios required of board-approved programs for in-person clinical experiences.(G) The program pays a one-time fee of one hundred dollars ($100) to the board for each student under this subdivision who participates in clinical experience placements in the state.(2) A student described by this subdivision shall be supervised in person by a registered nurse licensed by the board pursuant to this chapter while rendering nursing services.(3) A clinical agency or facility shall not offer clinical experience placements to an out-of-state private postsecondary educational institution if the placements are needed to fulfill the clinical experience requirements of an in-state student enrolled in a board-approved nursing program.(4) For purposes of this subdivision, out-of-state private postsecondary educational institution has the same meaning as defined in Section 94850.5 of the Education Code.

SECTION 1. Section 2729 of the Business and Professions Code is amended to read:

### SECTION 1.

2729. A student may render nursing services if those services are incidental to the course of study of one of the following:(a) A student enrolled in a board-approved prelicensure program or school of nursing.(b) A nurse licensed in another state or country taking a board-approved continuing education course or a postlicensure course.(c) (1) A student who is a resident of the state and enrolled in a prelicensure distance education nursing program based at an out-of-state private postsecondary educational institution for the purpose of gaining clinical experience in a clinical setting that meets all of the following criteria:(A) The program is accredited by a programmatic accreditation entity recognized by the United States Department of Education.(B) The board does not otherwise approve the program.(C) The student placement does not impact any students already assigned to the agency or facility.(D) The program does not make payments to any clinical agency or facility in exchange for clinical experience placements for students enrolled in a nursing program offered by or affiliated with the institution or private postsecondary school of nursing.(E) The program qualifies graduates for licensure under this chapter.(F) The program maintains minimum faculty to student ratios required of board-approved programs for in-person clinical experiences.(G) The program pays a one-time fee of one hundred dollars ($100) to the board for each student under this subdivision who participates in clinical experience placements in the state.(2) A student described by this subdivision shall be supervised in person by a registered nurse licensed by the board pursuant to this chapter while rendering nursing services.(3) A clinical agency or facility shall not offer clinical experience placements to an out-of-state private postsecondary educational institution if the placements are needed to fulfill the clinical experience requirements of an in-state student enrolled in a board-approved nursing program.(4) For purposes of this subdivision, out-of-state private postsecondary educational institution has the same meaning as defined in Section 94850.5 of the Education Code.

2729. A student may render nursing services if those services are incidental to the course of study of one of the following:(a) A student enrolled in a board-approved prelicensure program or school of nursing.(b) A nurse licensed in another state or country taking a board-approved continuing education course or a postlicensure course.(c) (1) A student who is a resident of the state and enrolled in a prelicensure distance education nursing program based at an out-of-state private postsecondary educational institution for the purpose of gaining clinical experience in a clinical setting that meets all of the following criteria:(A) The program is accredited by a programmatic accreditation entity recognized by the United States Department of Education.(B) The board does not otherwise approve the program.(C) The student placement does not impact any students already assigned to the agency or facility.(D) The program does not make payments to any clinical agency or facility in exchange for clinical experience placements for students enrolled in a nursing program offered by or affiliated with the institution or private postsecondary school of nursing.(E) The program qualifies graduates for licensure under this chapter.(F) The program maintains minimum faculty to student ratios required of board-approved programs for in-person clinical experiences.(G) The program pays a one-time fee of one hundred dollars ($100) to the board for each student under this subdivision who participates in clinical experience placements in the state.(2) A student described by this subdivision shall be supervised in person by a registered nurse licensed by the board pursuant to this chapter while rendering nursing services.(3) A clinical agency or facility shall not offer clinical experience placements to an out-of-state private postsecondary educational institution if the placements are needed to fulfill the clinical experience requirements of an in-state student enrolled in a board-approved nursing program.(4) For purposes of this subdivision, out-of-state private postsecondary educational institution has the same meaning as defined in Section 94850.5 of the Education Code.

2729. A student may render nursing services if those services are incidental to the course of study of one of the following:(a) A student enrolled in a board-approved prelicensure program or school of nursing.(b) A nurse licensed in another state or country taking a board-approved continuing education course or a postlicensure course.(c) (1) A student who is a resident of the state and enrolled in a prelicensure distance education nursing program based at an out-of-state private postsecondary educational institution for the purpose of gaining clinical experience in a clinical setting that meets all of the following criteria:(A) The program is accredited by a programmatic accreditation entity recognized by the United States Department of Education.(B) The board does not otherwise approve the program.(C) The student placement does not impact any students already assigned to the agency or facility.(D) The program does not make payments to any clinical agency or facility in exchange for clinical experience placements for students enrolled in a nursing program offered by or affiliated with the institution or private postsecondary school of nursing.(E) The program qualifies graduates for licensure under this chapter.(F) The program maintains minimum faculty to student ratios required of board-approved programs for in-person clinical experiences.(G) The program pays a one-time fee of one hundred dollars ($100) to the board for each student under this subdivision who participates in clinical experience placements in the state.(2) A student described by this subdivision shall be supervised in person by a registered nurse licensed by the board pursuant to this chapter while rendering nursing services.(3) A clinical agency or facility shall not offer clinical experience placements to an out-of-state private postsecondary educational institution if the placements are needed to fulfill the clinical experience requirements of an in-state student enrolled in a board-approved nursing program.(4) For purposes of this subdivision, out-of-state private postsecondary educational institution has the same meaning as defined in Section 94850.5 of the Education Code.



2729. A student may render nursing services if those services are incidental to the course of study of one of the following:

(a) A student enrolled in a board-approved prelicensure program or school of nursing.

(b) A nurse licensed in another state or country taking a board-approved continuing education course or a postlicensure course.

(c) (1) A student who is a resident of the state and enrolled in a prelicensure distance education nursing program based at an out-of-state private postsecondary educational institution for the purpose of gaining clinical experience in a clinical setting that meets all of the following criteria:

(A) The program is accredited by a programmatic accreditation entity recognized by the United States Department of Education.

(B) The board does not otherwise approve the program.

(C) The student placement does not impact any students already assigned to the agency or facility.

(D) The program does not make payments to any clinical agency or facility in exchange for clinical experience placements for students enrolled in a nursing program offered by or affiliated with the institution or private postsecondary school of nursing.

(E) The program qualifies graduates for licensure under this chapter.

(F) The program maintains minimum faculty to student ratios required of board-approved programs for in-person clinical experiences.

(G) The program pays a one-time fee of one hundred dollars ($100) to the board for each student under this subdivision who participates in clinical experience placements in the state.

(2) A student described by this subdivision shall be supervised in person by a registered nurse licensed by the board pursuant to this chapter while rendering nursing services.

(3) A clinical agency or facility shall not offer clinical experience placements to an out-of-state private postsecondary educational institution if the placements are needed to fulfill the clinical experience requirements of an in-state student enrolled in a board-approved nursing program.

(4) For purposes of this subdivision, out-of-state private postsecondary educational institution has the same meaning as defined in Section 94850.5 of the Education Code.