Business and Professions Code — Part 28 | BPC — United States — California law | Esheria

Business and Professions Code

Part 28 of 52 · provisions 5,401–5,600

This section says the act is called the Business and Professions Code.

Jurisdiction
United States — California
Instrument
Code
Citation
BPC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
.50 BMG rifles AI Transparency Act AI advertising AI compliance AI definitions AI detection tools AI transparency AI-generated content disclosures API interoperability Administration Administrative authority Administrative notice Advertising Alcohol purchase by minors Alcoholic beverages American Indian-made articles Animal blood banks Animal injury reporting Appaloosa horse awards Applications Asian medicine Attorney General notice Automotive repair Beer pricing and marketing +9,673 more

Statute overview

About this statute

This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

Read the provisions Ask with citations

Legal text

Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 2740.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board must finally approve or reject applicants, may add oral or practical examination components, and may set the persons, manner, rules, and regulations for conducting examinations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2740. Examinations shall be written, but in the discretion of the board may be supplemented by an oral or practical examination in such subjects as the board determines. All examinations shall be conducted by such persons and in such manner and under such rules and regulations as the board may prescribe. The board shall finally pass or reject all applicants. Its actions shall be final and conclusive and not subject to review by any court or other authority. (Added by Stats. 1939, Ch. 807.)
  2. 2741.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    An application for reexamination must be accompanied by the fees set by this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2741. An application for reexamination shall be accompanied by the fees prescribed by this chapter. (Amended by Stats. 2005, Ch. 621, Sec. 38. Effective January 1, 2006.)
  3. 2742.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board must issue a license to each applicant who passes the examination and meets all other licensing requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2. Scope of Regulation [2725 - 2742] ( Article 2 added by Stats. 1939, Ch. 807. ) ## 2742. The board shall issue a license to each applicant who passes the examination and meets all other licensing requirements. The form of the license shall be determined in accordance with Section 164. (Amended by Stats. 1987, Ch. 850, Sec. 13.)
  4. 2746.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. )

    Verify source ↗

    The board must issue a nurse-midwifery certificate to a person who qualifies under this article and is already licensed under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. ) ## 2746. The board shall issue a certificate to practice nurse-midwifery to any person who qualifies under this article and is licensed pursuant to the provisions of this chapter. (Added by Stats. 1974, Ch. 1407.)
  5. 2746.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. )

    Verify source ↗

    Applicants for a nurse-midwifery certificate must comply with this article and the rest of the chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. ) ## 2746.1. Every applicant for a certificate to practice nurse-midwifery shall comply with all the provisions of this article in addition to the provisions of this chapter. (Added by Stats. 1974, Ch. 1407.)
  6. 2746.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. )

    Verify source ↗

    An applicant must prove to the board that they meet the board’s educational standards or an equivalent. The board must appoint the Nurse-Midwifery Advisory Committee, and the committee must advise the board on midwifery matters and on care when discipline of a certified nurse-midwife is being considered.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. ) ## 2746.2. (a) An applicant shall show by evidence satisfactory to the board that they have met the educational standards established by the board or have at least the equivalent thereof. (b) (1) The board shall appoint a committee of qualified physicians and surgeons and nurses called the Nurse-Midwifery Advisory Committee. (2) The committee shall make recommendations to the board on all matters related to midwifery practice, education, appropriate standard of care, and other matters as specified by the board. The committee shall provide recommendations or guidance on care when the board is considering disciplinary action against a certified nurse-midwife. (3) The committee shall consist of four qualified nurse-midwives, two qualified physicians and surgeons, including, but not limited to, obstetricians or family physicians, and one public member. (4) If the board is unable, despite good faith efforts, to solicit and appoint committee members pursuant to the specifications in paragraph (3), the committee may continue to make recommendations pursuant to paragraph (2). (Amended by Stats. 2020, Ch. 88, Sec. 3. (SB 1237) Effective January 1, 2021.)
  7. 2746.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. )

    Verify source ↗

    Only the Medical Board of California may renew midwife’s certificates it issued before this article became effective.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. ) ## 2746.3. Midwife’s certificates issued by the Medical Board of California prior to the effective date of this article shall be renewable only by such board. (Amended by Stats. 1989, Ch. 886, Sec. 53.)
  8. 2746.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. )

    Verify source ↗

    This section says the article does not stop a person who had a Medical Board of California midwife’s certificate on the article’s effective date from practicing midwifery.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. ) ## 2746.4. Nothing in this article shall be construed to prevent the practice of midwifery by a person possessing a midwife’s certificate issued by the Medical Board of California on the effective date of this article. (Amended by Stats. 1989, Ch. 886, Sec. 54.)
  9. 2746.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. )

    Verify source ↗

    This section lets a certified nurse-midwife provide and expand care for low-risk pregnancies, requires referral of emergencies to a physician and surgeon, and limits some procedures and authority.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. ) ## 2746.5. (a) The certificate to practice nurse-midwifery authorizes the holder to attend cases of low-risk pregnancy and childbirth and to provide prenatal care, intrapartum care, and postpartum care, including immediate care for the newborn, interconception care, family planning care, and care for common gynecologic conditions, consistent with the Core Competencies for Basic Midwifery Practice adopted by the American College of Nurse-Midwives, or its successor national professional organization, as approved by the board. For purposes of this subdivision, “low-risk pregnancy” means a pregnancy in which all of the following conditions are met: (1) There is a single fetus. (2) There is a cephalic presentation at onset of labor. (3) The gestational age of the fetus is greater than or equal to 37 weeks and zero days and less than or equal to 42 weeks and zero days at the time of delivery. (4) Labor is spontaneous or induced. (5) The patient has no preexisting disease or condition, whether arising out of the pregnancy or otherwise, that adversely affects the pregnancy and that the certified nurse-midwife is not qualified to independently address consistent with this section. (b) (1) The certificate to practice nurse-midwifery authorizes the holder, pursuant to policies and protocols that are mutually agreed upon by a physician and surgeon, that delineate the parameters for consultation, collaboration, referral, and transfer of a patient’s care, and that are signed by both the certified nurse-midwife and a physician and surgeon, to do any of the following: (A) Provide a patient with care that falls outside the scope of services specified in subdivision (a). (B) Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium. (C) Furnish or order a Schedule II or III controlled substance, including for patients that fall within the scope of services specified in subdivision (a). (2) If a physician and surgeon assumes care of the patient, the certified nurse-midwife may continue to attend the birth of the newborn and participate in physical care, counseling, guidance, teaching, and support, as indicated by the mutually agreed-upon policies and protocols signed by both the certified nurse-midwife and a physician and surgeon. (3) After a certified nurse-midwife refers a patient to a physician and surgeon, the certified nurse-midwife may continue care of the patient during a reasonable interval between the referral and the initial appointment with the physician and surgeon. (c) (1) If a nurse-midwife does not have in place mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patient’s care, signed by both the certified nurse-midwife and a physician and surgeon pursuant to paragraph (1) of subdivision (b), the patient shall be transferred to the care of a physician and surgeon to do either or both of the following: (A) Provide a patient with care that falls outside the scope of services specified in subdivision (a). (B) Provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium. (2) After the certified nurse-midwife initiates the process of transfer pursuant to paragraph (1), for a patient who otherwise meets the definition of a low-risk pregnancy but no longer meets the criteria specified in paragraph (3) of subdivision (a) because the gestational age of the fetus is greater than 42 weeks and zero days, if there is inadequate time to effect safe transfer to a hospital prior to delivery or transfer may pose a threat to the health and safety of the patient or the fetus, the certified nurse-midwife may continue care of the patient consistent with the transfer plan described in subdivision (a) of Section 2746.54. (3) A patient who has been transferred from the care of a certified nurse-midwife to that of a physician and surgeon may return to the care of the certified nurse-midwife after the physician and surgeon has determined that the condition or circumstance that required, or would require, the transfer from the care of the nurse-midwife pursuant to paragraph (1) is resolved. (d) The certificate to practice nurse-midwifery authorizes the holder to attend pregnancy and childbirth in an out-of-hospital setting if consistent with subdivisions (a), (b), and (c). (e) This section shall not be interpreted to deny a patient’s right to self-determination or informed decisionmaking with regard to choice of provider or birth setting. (f) The certificate to practice nurse-midwifery does not authorize the holder of the certificate to assist childbirth by vacuum or forceps extraction, or to perform any external cephalic version. (g) A certified nurse-midwife shall document all consultations, referrals, and transfers in the patient record. (h) (1) A certified nurse-midwife shall refer all emergencies to a physician and surgeon immediately. (2) A certified nurse-midwife may provide emergency care until the assistance of a physician and surgeon is obtained. (i) This chapter does not authorize a nurse-midwife to practice medicine or surgery. (j) This section shall not be construed to require a physician and surgeon to sign protocols and procedures for a nurse-midwife or to permit any action that violates Section 2052 or 2400. (k) This section shall not be construed to require a nurse-midwife to have mutually agreed-upon, signed policies and protocols for the provision of services described in subdivision (a). (l) Notwithstanding any other law, subject to the discretion of a general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a special hospital specified as a maternity hospital, as defined in subdivision (f) of Section 1250 of the Health and Safety Code, and the medical staff bylaws of that facility, a hospital may grant privileges to a certified nurse-midwife, allowing them to admit and discharge patients upon their own authority, within their scope of practice, as delineated in this section, and in accordance with organized medical staff bylaws of that facility. (Amended by Stats. 2023, Ch. 497, Sec. 2.5. (SB 667) Effective January 1, 2024.)
  10. 2746.51.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. )

    Verify source ↗

    Certified nurse-midwives may furnish or order certain drugs and devices, including some controlled substances, but must follow specified conditions and registration/compliance rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. ) ## 2746.51. (a) Neither this chapter nor any other law shall be construed to prohibit a certified nurse-midwife from furnishing or ordering drugs or devices, including controlled substances classified in Schedule II, III, IV, or V under the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code), when all of the following apply: (1) The drugs or devices are furnished or ordered incidentally to the provision of any of the following: (A) The care and services described in Section 2746.5. (B) Care rendered, consistent with the certified nurse-midwife’s educational preparation or for which clinical competency has been established and maintained, to persons within a facility specified in subdivision (a), (b), (c), (d), (i), or (j) of Section 1206 of the Health and Safety Code, a clinic as specified in Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, a licensed birth center as defined in Section 1204.3 of the Health and Safety Code, or a special hospital specified as a maternity hospital in subdivision (f) of Section 1250 of the Health and Safety Code. (C) Care rendered in an out-of-hospital setting pursuant to subdivision (d) of Section 2746.5. (2) The furnishing or ordering of drugs or devices by a certified nurse-midwife for services that do not fall within the scope of services specified in subdivision (a) of Section 2746.5 shall be furnished in accordance with, and specified in, the policies and protocols mutually agreed upon pursuant to paragraph (1) of subdivision (b) of Section 2746.5, which shall specify all of the following: (A) Which certified nurse-midwife may furnish or order drugs or devices. (B) Which drugs or devices may be furnished or ordered and under what circumstances. (C) The method of periodic review of the certified nurse-midwife’s competence, including peer review, and review of the provisions of the standardized procedure. (3) If Schedule II or III controlled substances, as defined in Sections 11055 and 11056 of the Health and Safety Code, are furnished or ordered by a certified nurse-midwife for any condition, including, but not limited to, Schedule II or III controlled substances for services that fall within the scope of services specified in subdivision (a) of Section 2746.5, the controlled substances shall be furnished or ordered in accordance with policies and protocols mutually agreed upon pursuant to paragraph (1) of subdivision (b) of Section 2746.5. For Schedule II controlled substance protocols, the provision for furnishing the Schedule II controlled substance shall address the diagnosis of the illness, injury, or condition for which the Schedule II controlled substance is to be furnished. (b) (1) The furnishing or ordering of drugs or devices by a certified nurse-midwife is conditional on the issuance by the board of a number to the applicant who has successfully completed the requirements of paragraph (2). The board may issue a furnishing number upon initial application and, if approved by the board, the applicant shall not be required to make a separate application. The number shall be included on all transmittals of orders for drugs or devices by the certified nurse-midwife. The board shall maintain a list of the certified nurse-midwives that it has certified pursuant to this paragraph and the number it has issued to each one. The board shall make the list available to the California State Board of Pharmacy upon its request. Every certified nurse-midwife who is authorized pursuant to this section to furnish or issue a drug order for a controlled substance shall register with the United States Drug Enforcement Administration and the Controlled Substance Utilization Review and Enforcement System (CURES) pursuant to Section 11165.1 of the Health and Safety Code. (2) The board has certified in accordance with paragraph (1) that the certified nurse-midwife has satisfactorily completed a course in pharmacology covering the drugs or devices to be furnished or ordered under this section, including the risks of addiction and neonatal abstinence syndrome associated with the use of opioids. The board shall establish the requirements for satisfactory completion of this paragraph. (3) Certified nurse-midwives who are certified by the board and hold an active furnishing number and who are registered with the United States Drug Enforcement Administration shall provide documentation of continuing education specific to the use of Schedule II controlled substances in settings other than a hospital based on standards developed by the board. (c) Furnishing of drugs or devices by a certified nurse-midwife means the act of making a pharmaceutical agent or agents available to the patient. Use of the term “furnishing” in this section shall include the following: (1) The ordering of a nonscheduled drug or device for services that fall within the scope of services specified in subdivision (a) of Section 2746.5. (2) The ordering of a nonscheduled drug or device for services that fall outside the scope of services specified in subdivision (a) of Section 2746.5 in accordance with mutually agreed upon policies and protocols pursuant to paragraph (1) of subdivision (b) of Section 2746.5. (3) The ordering of a Schedule IV or V drug for any condition, including, but not limited to, for care that falls within the scope of services specified in subdivision (a) of Section 2746.5. (4) The ordering of a Schedule II or III drug in accordance with mutually agreed upon policies and protocols pursuant to paragraph (1) of subdivision (b) of Section 2746.5. (5) Transmitting an order of a physician and surgeon. (d) “Drug order” or “order” for purposes of this section means an order for medication or for a drug or device that is dispensed to or for an ultimate user, issued by a certified nurse-midwife as an individual practitioner, within the meaning of Section 1306.03 of Title 21 of the Code of Federal Regulations. Notwithstanding any other provision of law, (1) a drug order issued pursuant to this section shall be treated in the same manner as a prescription of the supervising physician; (2) all references to “prescription” in this code and the Health and Safety Code shall include drug orders issued by certified nurse-midwives; and (3) the signature of a certified nurse-midwife on a drug order issued in accordance with this section shall be deemed to be the signature of a prescriber for purposes of this code and the Health and Safety Code. (e) Notwithstanding any other law, a certified nurse-midwife may directly procure supplies and devices, obtain and administer diagnostic tests, directly obtain and administer nonscheduled drugs, and dispense drugs pursuant to Section 4170, consistent with the provision of services that fall within the scope of services specified in subdivision (a) of Section 2746.5, order laboratory and diagnostic testing, and receive reports that are necessary to their practice as a certified nurse-midwife within their scope of practice, consistent with Section 2746.5. (Amended by Stats. 2023, Ch. 497, Sec. 3. (SB 667) Effective January 1, 2024.)
  11. 2746.52.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. )

    Verify source ↗

    A nurse-midwife certificate authorizes the holder to perform and repair episiotomies and repair certain perineal lacerations. When doing so, the certified nurse-midwife must immediately refer complications to a physician and surgeon and ensure immediate care when care is needed beyond the nurse-midwife’s scope or when a physician and surgeon is not on site.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. ) ## 2746.52. (a) Notwithstanding Section 2746.5, the certificate to practice nurse-midwifery authorizes the holder to perform and repair episiotomies, and to repair first-degree and second-degree lacerations of the perineum. (b) A certified nurse-midwife performing and repairing first-degree and second-degree lacerations of the perineum shall do both of the following: (1) Ensure that all complications are referred to a physician and surgeon immediately. (2) Ensure immediate care of patients who are in need of care beyond the scope of practice of the certified nurse-midwife, or emergency care for times when a physician and surgeon is not on the premises. (Amended by Stats. 2020, Ch. 88, Sec. 6. (SB 1237) Effective January 1, 2021.)
  12. 2746.53.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. )

    Verify source ↗

    The board may charge applicants fees for initial and renewal applications, and may also charge a penalty fee for late renewal of a furnishing number.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. ) ## 2746.53. The board may charge the applicant a fee to cover all necessary costs to implement Section 2746.51, that shall be not more than one thousand five hundred dollars ($1,500) for an initial application, nor more than one thousand dollars ($1,000) for an application for renewal. The board may charge a penalty fee for failure to renew a furnishing number within the prescribed time that shall be not more than five hundred dollars ($500). (Amended by Stats. 2022, Ch. 413, Sec. 9. (AB 2684) Effective January 1, 2023.)
  13. 2746.54.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. )

    Verify source ↗

    A certified nurse-midwife must give prospective patients oral and written disclosures, get informed consent, sign the form with the patient, and keep a copy in the medical record, unless the intended birth site is a hospital.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. ) ## 2746.54. (a) A certified nurse-midwife shall disclose in oral and written form to a prospective patient as part of a patient care plan, and obtain informed consent for, all of the following: (1) The patient is retaining a certified nurse-midwife and the certified nurse-midwife is not supervised by a physician and surgeon. (2) The certified nurse-midwife’s current licensure status and license number. (3) The practice settings in which the certified nurse-midwife practices. (4) If the certified nurse-midwife does not have liability coverage for the practice of midwifery, the certified nurse-midwife shall disclose that fact. (5) There are conditions that are outside of the scope of practice of a certified nurse-midwife that will result in a referral for a consultation from, or transfer of care to, a physician and surgeon. (6) The specific arrangements for the referral of complications to a physician and surgeon for consultation. The certified nurse-midwife shall not be required to identify a specific physician and surgeon. (7) The specific arrangements for the transfer of care during the prenatal period, hospital transfer during the intrapartum and postpartum periods, and access to appropriate emergency medical services for mother and baby if necessary, and recommendations for preregistration at a hospital that has obstetric emergency services and is most likely to receive the transfer. (8) If, during the course of care, the patient is informed that the patient has or may have a condition indicating the need for a mandatory transfer, the certified nurse-midwife shall initiate the transfer. (9) The availability of the text of laws regulating certified nurse-midwifery practices and the procedure for reporting complaints to the Board of Registered Nursing, which may be found on the Board of Registered Nursing’s internet website. (10) Consultation with a physician and surgeon does not alone create a physician-patient relationship or any other relationship with the physician and surgeon. The certified nurse-midwife shall inform the patient that certified nurse-midwife is independently licensed and practicing midwifery and in that regard is solely responsible for the services the certified nurse-midwife provides. (b) The disclosure and consent shall be signed by both the certified nurse-midwife and the patient and a copy of the disclosure and consent shall be placed in the patient’s medical record. (c) The Nurse-Midwifery Advisory Committee, in consultation with the board, may recommend to the board the form for the written disclosure and informed consent statement required to be used by a certified nurse-midwife under this section. (d) This section shall not apply when the intended site of birth is the hospital setting. (Added by Stats. 2020, Ch. 88, Sec. 7. (SB 1237) Effective January 1, 2021.)
  14. 2746.55.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. )

    Verify source ↗

    Certified nurse-midwives must report specified out-of-hospital transfer or death data to the department within 90 days, and the department must keep the information confidential and report aggregated results to the Legislature.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. ) ## 2746.55. (a) For all maternal or neonatal transfers to the hospital setting during labor or the immediate postpartum period, for which the intended place of birth was an out-of-hospital setting at the onset of labor, or for any maternal, fetal, or neonatal death that occurred in the out-of-hospital setting during labor or the immediate postpartum period, and for which the intended birth care provider is a certified nurse-midwife in the out-of-hospital setting, the department shall collect, and the certified nurse-midwife shall be required to submit, within 90 days of the transfer or death, the following data in the form determined by the department. The data shall include all of the following: (1) Attendant’s name, for the certified nurse-midwife who attended the patient at the time of transfer, or who attended the patient at the time of maternal, fetal, or neonatal death. (2) Attendant’s license number, for the certified nurse-midwife who attended the patient at the time of transfer, or who attended the patient at the time of maternal, fetal, or neonatal death. (3) The child’s date of delivery for births attended by the nurse-midwife. (4) The sex of the child, for births attended by the nurse-midwife. (5) The date of birth of the parent giving birth. (6) The date of birth of the parent not giving birth. (7) The residence ZIP Code of the parent giving birth. (8) The residence county of the parent giving birth. (9) The weight of the parent giving birth (prepregnancy weight and delivery weight of parent giving birth). (10) The height of the parent giving birth. (11) The race and ethnicity of the genetic parents, unless the parent declines to disclose. (12) The obstetric estimate of gestation (completed weeks), at time of transfer. (13) The total number of prior live births. (14) The principal source of payment code for delivery. (15) Any complications and procedures of pregnancy and concurrent illnesses up until time of transfer or death. (16) Any complications and procedures of labor and delivery up until time of transfer or death. (17) Any abnormal conditions and clinical procedures related to the newborn up until time of transfer or death. (18) Fetal presentation at birth, or up until time of transfer. (19) Whether this pregnancy is a multiple pregnancy (more than one fetus this pregnancy). (20) Whether the patient has had a previous cesarean section. (21) If the patient had a previous cesarean, indicate how many. (22) The intended place of birth at the onset of labor, including, but not limited to, home, freestanding birth center, hospital, clinic, doctor’s office, or other location. (23) Whether there was a maternal death. (24) Whether there was a fetal death. (25) Whether there was a neonatal death. (26) Hospital transfer during the intrapartum or postpartum period, including, who was transferred (mother, infant, or both) and the complications, abnormal conditions, or other indications that resulted in the transfer. (27) The name of the transfer hospital, or other hospital identification method as required, such as the hospital identification number. (28) The county of the transfer hospital. (29) The ZIP Code of the transfer hospital. (30) The date of the transfer. (31) Other information as prescribed by the State Department of Public Health. (b) In the event of a maternal, fetal, or neonatal death that occurred in an out-of-hospital setting during labor or the immediate postpartum period, a certified nurse-midwife shall submit to the department, within 90 days of the death, all of the following data in addition to the data required in subdivision (a): (1) The date of the maternal, neonatal, or fetal death. (2) The place of delivery, for births attended by the nurse-midwife. (3) The county of the place of delivery, for births attended by the nurse-midwife. (4) The ZIP Code of the place of delivery, for births attended by the nurse-midwife. (5) The APGAR scores, for births attended by the nurse-midwife. (6) The birthweight, for births attended by the nurse-midwife. (7) The method of delivery, for births attended by the nurse-midwife. (c) The data submitted pursuant to subdivisions (a) and (b) shall be in addition to the certificate of live birth information required pursuant to Sections 102425 and 102426 of the Health and Safety Code. (d) For those cases that involve a hospital transfer, the department shall link the data submitted by the certified nurse-midwife, pursuant to subdivision (a), to the live birth data reported by hospitals to the department, pursuant to Sections 102425 and 102426 of the Health and Safety Code, and to the patient discharge data that reflects the birth hospitalization and reported by hospitals to the Department of Health Care Access and Information, so that additional data reflecting the outcome can be incorporated into the aggregated reports submitted pursuant to subdivision (i). (e) The department may adjust, improve, or expand the data elements required to be reported pursuant to subdivisions (a) and (b) to better coordinate with other data collection and reporting systems, or in order to collect more accurate data, as long as the minimum data elements in subdivisions (a) and (b) are preserved. (f) The department shall treat the information and data gathered pursuant to this section, for the creation of the reports described in subdivision (i), as confidential records, and shall not permit the disclosure of any patient or certified nurse-midwife information to any law enforcement or regulatory agency for any purpose, including, but not limited to, investigations for licensing, certification, or regulatory purposes. This subdivision shall not prevent the department from responding to inquiries from the Board of Registered Nursing as to whether a licensee has reported pursuant to this section. (g) The information collected by the department pursuant to this section, and not otherwise subject to current confidentiality requirements, shall be treated as confidential records and shall only be made available for use consistent with paragraph (1) of, paragraph (4) of, and subparagraph (A) of paragraph (8) of, subdivision (a) of Section 102430 of the Health and Safety Code and pursuant to the application, review, and approval process established by the department pursuant to Section 102465 of the Health Safety Code. (h) At the time of each certified nurse-midwife’s license renewal, the Board of Registered Nursing shall send a written notification to the certified nurse-midwife notifying them of the mandated vital records reporting requirements for out-of-hospital births pursuant to subdivisions (a) and (b) and Section 102415 of the Health and Safety Code and that a violation of this section shall subject the certified nurse-midwife to disciplinary or administrative action by the board. (i) (1) The department shall report to the Legislature on the data collected pursuant to this section. The report shall include the aggregate information, including, but not limited to, birth outcomes of patients under the care of a certified nurse-midwife in an out-of-hospital setting at the onset of labor, collected pursuant to this section and Sections 102425 and 102426 of the Health and Safety Code. (2) The first report, to reflect a 12-month period of time, shall be submitted no later than four and one-half years after the State Department of Public Health receives an appropriation as specified in subdivision (m) and each subsequent report reflecting a 12-month reporting period shall be submitted annually to the Legislature every year thereafter. (3) A report required under this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (j) All reports, including those submitted to the Legislature or made publicly available, shall utilize standard public health reporting practices for accurate dissemination of these data elements, specifically in regards to the reporting of small numbers in a way that does not risk a confidentiality or other disclosure breach. No identifying information in regards to the patient or the nurse-midwife shall be disclosed in the reports submitted pursuant to subdivision (i). (k) A violation of this section shall subject the certified nurse-midwife to disciplinary or administrative action by the Board of Registered Nursing. (l) For purposes of this section, “department” means the State Department of Public Health. (m) This section shall become operative only upon the Legislature making an appropriation to implement the provisions of this section. (Amended by Stats. 2022, Ch. 511, Sec. 14. (SB 1495) Effective January 1, 2023. Conditionally operative by its own provisions.)
  15. 2746.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. )

    Verify source ↗

    The board may not discipline a nurse-midwifery certificate solely because a person performed an abortion, if the abortion complied with this chapter and the Reproductive Privacy Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. ) ## 2746.6. (a) The board shall not suspend or revoke a certificate to practice nurse-midwifery solely for performing an abortion if the holder performed the abortion in accordance with the provisions of this chapter and the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code). (b) Notwithstanding any other law, including, but not limited to, Sections 141, 480, 490, and 2761, the board shall not deny an application for certification as a certified nurse-midwife, or suspend, revoke, or otherwise impose discipline upon a person certified in this state to practice nurse-midwifery under either of the following circumstances: (1) The person is licensed or certified to practice nurse-midwifery in another state and was disciplined in that state solely for performing an abortion in that state. (2) The person is licensed or certified to practice nurse-midwifery in another state and was convicted in that state for an offense related solely to the performance of an abortion in that state. (Added by Stats. 2022, Ch. 565, Sec. 2. (AB 2626) Effective September 27, 2022.)
  16. 2746.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. )

    Verify source ↗

    An applicant for certification under this article must file a written application in the form set by the board and include the fee set by Section 2815.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. ) ## 2746.7. An applicant for certification pursuant to this article shall submit a written application in the form prescribed by the board, accompanied by the fee prescribed by Section 2815.5. (Added by Stats. 1974, Ch. 1407.)
  17. 2746.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. )

    Verify source ↗

    Certificate holders must renew biennially and pay the renewal fee on time; otherwise the certificate expires, though reinstatement may be possible.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 2.5. Nurse-Midwives [2746 - 2746.8] ( Article 2.5 added by Stats. 1974, Ch. 1407. ) ## 2746.8. (a) Each certificate issued pursuant to this article shall be renewable biennially, and each person holding a certificate under this article shall apply for a renewal of the certificate and pay the biennial renewal fee required by Section 2815.5 every two years on or before the last day of the month following the month in which their birthday occurs, beginning with the second birthday following the date on which the certificate was issued, whereupon the board shall renew the certificate. (b) Each certificate that is not renewed in accordance with this section shall expire, but may, within a period of eight years, be reinstated upon payment of the biennial renewal fee and penalty fee required by Section 2815.5 and submission of proof of the applicant’s qualifications as may be required by the board. During the eight-year period, no examination shall be required as a condition for the reinstatement of an expired certificate that has lapsed solely by reason of nonpayment of the renewal fee. After the expiration of the eight-year period, the board may require, as a condition of reinstatement, that the applicant pass an examination as it deems necessary to determine the applicant’s present fitness to resume the practice of nurse-midwifery. (Amended by Stats. 2023, Ch. 510, Sec. 32. (SB 887) Effective January 1, 2024.)
  18. 2750.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    Certificate holders and licensees may be disciplined under this article, and the board must conduct the proceedings under Chapter 5 of the Government Code.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. ) ## 2750. Every certificate holder or licensee, including licensees holding temporary licenses, or licensees holding licenses placed in an inactive status, may be disciplined as provided in this article. As used in this article, “license” includes certificate, registration, or any other authorization to engage in practice regulated by this chapter. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Amended by Stats. 1994, Ch. 1275, Sec. 13. Effective January 1, 1995.)
  19. 2751.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board may accept a license surrender by stipulated agreement in certain cases involving a registered nurse’s impaired ability to practice safely. The licensee can choose another disciplinary process until signing the agreement, and may seek reinstatement after at least one year.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. ) ## 2751. (a) Notwithstanding any other law, the board may, in its discretion, accept the surrender of a license through a stipulated agreement in the absence of a pleading when the ability of a registered nurse to practice nursing safely is impaired due to mental or physical illness. (b) This alternative proceeding shall apply only to cases that would otherwise have been processed pursuant to Section 820. (c) Until the time that the licensee signs the stipulated agreement for license surrender, he or she may elect to have the disciplinary process conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (d) The stipulated agreement in this alternative proceeding shall specify that: (1) The license surrender shall be public information and shall be considered a disciplinary action. (2) The licensee may petition the board for reinstatement after a period of not less than one year after the effective date of the decision. (3) Any reinstatement proceeding shall be conducted pursuant to Section 2760.1. (4) Upon seeking reinstatement, it is the responsibility of the former licensee to submit competent evidence of the ability to safely and competently practice as a registered nurse. (Added by Stats. 2002, Ch. 1011, Sec. 6. Effective January 1, 2003.)
  20. 2759.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board must discipline a license holder who has defaulted or been found guilty after a hearing, using one or more listed disciplinary methods.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. ) ## 2759. The board shall discipline the holder of any license, whose default has been entered or who has been heard by the board and found guilty, by any of the following methods: (a) Suspending judgment. (b) Placing upon them probation. (c) Suspending their right to practice nursing for a period not exceeding one year. (d) Revoking their license. (e) Taking other action in relation to disciplining them as the board in its discretion may deem proper. (Amended by Stats. 2023, Ch. 510, Sec. 33. (SB 887) Effective January 1, 2024.)
  21. 2760.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    A suspended nursing licensee may not practice nursing during the suspension. After the suspension ends, the board must reinstate the licensee and the licensee may resume nursing unless the board is satisfied they practiced nursing in California during the suspension, in which case the board must revoke the license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. ) ## 2760. (a) If the holder of a license is suspended, they shall not be entitled to practice nursing during the term of suspension. (b) Upon expiration of the term of suspension, they shall be reinstated by the board and shall be entitled to resume the practice of nursing unless it is established to the satisfaction of the board that they have practiced nursing in this state during the term of suspension. In this event, the board shall revoke their license. (Amended by Stats. 2023, Ch. 510, Sec. 34. (SB 887) Effective January 1, 2024.)
  22. 2760.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    A disciplined registered nurse may ask the board to reinstate a license or change a penalty after waiting the required minimum time, and the board has to notify the Attorney General and handle the petition hearing process.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. ) ## 2760.1. (a) A registered nurse whose license has been revoked or suspended or who has been placed on probation may petition the board for reinstatement or modification of penalty, including reduction or termination of probation, after a period not less than the following minimum periods has elapsed from the effective date of the decision ordering that disciplinary action, or if the order of the board or any portion of it is stayed by the board itself or by the superior court, from the date the disciplinary action is actually implemented in its entirety, or for a registered nurse whose initial license application is subject to a disciplinary decision, from the date the initial license was issued: (1) Except as otherwise provided in this section, at least three years for reinstatement of a license that was revoked, except that the board may, in its sole discretion, specify in its order a lesser period of time provided that the period shall be not less than one year. (2) At least two years for early termination of a probation period of three years or more. (3) At least one year for modification of a condition, or reinstatement of a license revoked for mental or physical illness, or termination of probation of less than three years. (b) The board shall give notice to the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and an opportunity to present both oral and documentary evidence and argument to the board. The petitioner shall at all times have the burden of proof to establish by clear and convincing evidence that he or she is entitled to the relief sought in the petition. (c) The hearing may be continued from time to time as the board deems appropriate. (d) (1) The petition may be heard by the board or the board may assign the petition to an administrative law judge of the Office of Administrative Hearings. (2) If the board assigns the petition to an administrative law judge, the administrative law judge shall submit a proposed decision, as specified in Section 11517 of the Government Code, to the board for its consideration, which shall include reasons supporting the proposed decision. (e) The board may grant or deny the petition, or may impose any terms and conditions that it reasonably deems appropriate as a condition of reinstatement or reduction of penalty. (f) In considering a petition for reinstatement or modification of a penalty, the board or the administrative law judge shall evaluate and consider evidence of rehabilitation submitted by the petitioner using criteria specified in regulations promulgated by the board. (g) The board may impose, or the administrative law judge may recommend, terms and conditions on the petitioner in reinstating a license, certificate, or permit or in modifying a penalty. (h) The petitioner shall provide a current set of fingerprints accompanied by the necessary fingerprinting fee. (i) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole, or subject to an order of registration pursuant to Section 290 of the Penal Code. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. (j) Except in those cases where the petitioner has been disciplined pursuant to Section 822, the board may in its discretion deny without hearing or argument any petition that is filed pursuant to this section within a period of two years from the effective date of a prior decision following a hearing under this section. (Amended by Stats. 2017, Ch. 429, Sec. 8. (SB 547) Effective January 1, 2018.)
  23. 2761.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board may discipline a nurse or deny a certificate or license application for listed misconduct or related violations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. ) ## 2761. The board may take disciplinary action against a certified or licensed nurse or deny an application for a certificate or license for any of the following: (a) Unprofessional conduct, which includes, but is not limited to, the following: (1) Incompetence or gross negligence in carrying out usual certified or licensed nursing functions. (2) A conviction of practicing medicine without a license in violation of Chapter 5 (commencing with Section 2000), in which event the record of conviction shall be conclusive evidence thereof. (3) The use of advertising relating to nursing that violates Section 17500. (4) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a health care professional license or certificate by another state or territory of the United States, by any other government agency, or by another California health care professional licensing board. A certified copy of the decision or judgment shall be conclusive evidence of that action. (b) Procuring their certificate or license by fraud, misrepresentation, or mistake. (c) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to violate any provision or term of this chapter or regulations adopted pursuant to it. (d) Making or giving any false statement or information in connection with the application for issuance of a certificate or license. (e) Conviction of a felony or of any offense substantially related to the qualifications, functions, and duties of a registered nurse, in which event the record of the conviction shall be conclusive evidence thereof. (f) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a certificate or license. (g) Impersonating another certified or licensed practitioner, or permitting or allowing another person to use their certificate or license for the purpose of nursing the sick or afflicted. (h) Aiding or assisting, or agreeing to aid or assist any person or persons, whether a licensed physician or not, in the performance of, or arranging for, a violation of any of the provisions of Article 12 (commencing with Section 2220) of Chapter 5. (i) Holding oneself out to the public or to any practitioner of the healing arts as a nurse practitioner or as meeting the standards established by the board for a nurse practitioner unless meeting the standards established by the board pursuant to Article 8 (commencing with Section 2834) or holding oneself out to the public as being certified by the board as a nurse anesthetist, nurse midwife, clinical nurse specialist, or public health nurse unless the person is at the time certified by the board. (j) (1) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of blood-borne infectious diseases from licensed or certified nurse to patient, from patient to patient, and from patient to licensed or certified nurse. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary, the board shall consult with the Medical Board of California, the Podiatric Medical Board of California, the Dental Board of California, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision. (2) The board shall seek to ensure that licentiates and others regulated by the board are informed of the responsibility of licentiates to minimize the risk of transmission of blood-borne infectious diseases from health care provider to patient, from patient to patient, and from patient to health care provider, and of the most recent scientifically recognized safeguards for minimizing the risks of transmission. (Amended by Stats. 2025, Ch. 136, Sec. 6. (AB 260) Effective September 26, 2025.)
  24. 2761.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board may not discipline a nurse practitioner solely for performing an abortion, and may not refuse certification or licensure on the listed abortion-related out-of-state discipline or conviction grounds.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. ) ## 2761.1. (a) The board shall not suspend or revoke the certification or license of a nurse practitioner solely for performing an abortion if the holder performed the abortion in accordance with the provisions of this chapter and the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code). (b) Notwithstanding any other law, including, but not limited to, Sections 141, 480, 490, and 2761, the board shall not deny an application for certification or licensure as a nurse practitioner, or suspend, revoke, or otherwise impose discipline upon a person certified or licensed in this state as a nurse practitioner under either of the following circumstances: (1) The person is licensed or certified as a nurse practitioner in another state and was disciplined in that state solely for performing an abortion in that state. (2) The person is licensed or certified as a nurse practitioner in another state and was convicted in that state for an offense related solely to the performance of an abortion in that state. (Added by Stats. 2022, Ch. 565, Sec. 3. (AB 2626) Effective September 27, 2022.)
  25. 2761.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The California Research Bureau must prepare and deliver a report to the Legislature by January 1, 2019.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. ) ## 2761.5. It is the intent of the Legislature to provide for a study of reporting mechanisms to the board so that it can identify methods of receiving timely information on nurses who may have violated this chapter. The California Research Bureau shall prepare and deliver a report to the Legislature by January 1, 2019, that evaluates to what extent employers voluntarily report disciplined nurses to the board and offers options for consistent and reasonable reporting mechanisms. The report shall include, but not be limited to, the following: (a) A review of existing mandatory reporting requirements that alert the board to nurses who may have violated this chapter. (b) A review of existing laws permitting, prohibiting, encouraging, or discouraging voluntary reporting to the board. (c) An analysis of the number of employer reports to the board, the number of those reports investigated by the board, and the final action taken by the board for each report. (d) Employer reporting requirements of other boards within the department. (e) Nursing reporting requirements of other states. (Added by Stats. 2017, Ch. 520, Sec. 5. (SB 799) Effective January 1, 2018.)
  26. 2762.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    Licensed persons under this chapter commit unprofessional conduct if they misuse controlled substances, dangerous drugs/devices, or alcohol, are convicted of certain drug-related offenses, are committed or confined for substance addiction or intemperate use, or falsify related records.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. ) ## 2762. In addition to other acts constituting unprofessional conduct within the meaning of this chapter, it is unprofessional conduct for a person licensed under this chapter to do any of the following: (a) Obtain or possess in violation of law, or prescribe, or except as directed by a licensed physician and surgeon, dentist, or podiatrist administer to themselves, or furnish or administer to another, any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code or any dangerous drug or dangerous device as defined in Section 4022. (b) Use any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug or dangerous device as defined in Section 4022, or alcoholic beverages, to an extent or in a manner dangerous or injurious to themselves, any other person, or the public or to the extent that such use impairs their ability to conduct with safety to the public the practice authorized by their license. (c) Be convicted of a criminal offense involving the prescription, consumption, or self-administration of any of the substances described in subdivisions (a) and (b) of this section, or the possession of, or falsification of a record pertaining to, the substances described in subdivision (a) of this section, in which event the record of the conviction is conclusive evidence thereof. (d) Be committed or confined by a court of competent jurisdiction for intemperate use of or addiction to the use of any of the substances described in subdivisions (a) and (b) of this section, in which event the court order of commitment or confinement is prima facie evidence of such commitment or confinement. (e) Falsify, or make grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital, patient, or other record pertaining to the substances described in subdivision (a) of this section. (Amended by Stats. 2023, Ch. 510, Sec. 36. (SB 887) Effective January 1, 2024.)
  27. 2764.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    A license lapse, suspension, or voluntary surrender does not stop the board from investigating or taking disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. ) ## 2764. The lapsing or suspension of a license by operation of law or by order or decision of the board or a court of law, or the voluntary surrender of a license by a licentiate shall not deprive the board of jurisdiction to proceed with any investigation of or action or disciplinary proceeding against such license, or to render a decision suspending or revoking such license. (Added by Stats. 1953, Ch. 1053.)
  28. 2765.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    A conviction related to a registered nurse’s qualifications, functions, or duties can be treated as a conviction for this article, and the board may suspend, revoke, or refuse to issue a license or certificate in specified conviction-related circumstances.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3. Disciplinary Proceedings [2750 - 2765] ( Article 3 added by Stats. 1939, Ch. 807. ) ## 2765. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a registered nurse is deemed to be a conviction within the meaning of this article. The board may order the license or certificate suspended or revoked, or may decline to issue a license or certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment. (Amended by Stats. 2023, Ch. 510, Sec. 37. (SB 887) Effective January 1, 2024.)
  29. 2770.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. )

    Verify source ↗

    The Board of Registered Nursing is to create a voluntary intervention program and use it to identify and rehabilitate impaired registered nurses.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. ) ## 2770. It is the intent of the Legislature that the Board of Registered Nursing seek ways and means to identify and rehabilitate registered nurses whose competency may be impaired due to abuse of alcohol and other drugs, or due to mental illness so that registered nurses so afflicted may be rehabilitated and returned to the practice of nursing in a manner that will not endanger the public health and safety. It is also the intent of the Legislature that the Board of Registered Nursing shall implement this legislation by establishing an intervention program as a voluntary alternative to traditional disciplinary actions. (Amended by Stats. 2015, Ch. 426, Sec. 22. (SB 800) Effective January 1, 2016.)
  30. 2770.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. )

    Verify source ↗

    This section defines “Board,” “Committee,” and “Program manager,” and says the program manager must have background experience dealing with substance abuse issues.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. ) ## 2770.1. As used in this article: (a) “Board” means the Board of Registered Nursing. (b) “Committee” means an intervention evaluation committee created by this article. (c) “Program manager” means the staff manager of the intervention program, as designated by the executive officer of the board. The program manager shall have background experience in dealing with substance abuse issues. (Amended by Stats. 2015, Ch. 426, Sec. 23. (SB 800) Effective January 1, 2016.)
  31. 2770.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. )

    Verify source ↗

    A committee may hold a closed session to consider reports about a registered nurse in an intervention program, but only as far as needed to protect the licentiate’s privacy.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. ) ## 2770.10. Notwithstanding Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to public meetings, a committee may convene in closed session to consider reports pertaining to any registered nurse requesting or participating in an intervention program. A committee shall only convene in closed session to the extent that it is necessary to protect the privacy of such a licentiate. (Amended by Stats. 2015, Ch. 426, Sec. 27. (SB 800) Effective January 1, 2016.)
  32. 2770.11.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. )

    Verify source ↗

    Registered nurses who seek an intervention program must cooperate with the rehabilitation program, and certain terminations or denials can trigger reporting to the board’s enforcement program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. ) ## 2770.11. (a) Each registered nurse who requests participation in an intervention program shall agree to cooperate with the rehabilitation program designed by the committee and approved by the program manager. Any failure to comply with a rehabilitation program may result in termination of the registered nurse’s participation in a program. The name and license number of a registered nurse who is terminated for any reason, other than successful completion, shall be reported to the board’s enforcement program. (b) If the program manager determines that a registered nurse, who is denied admission into the program or terminated from the program, presents a threat to the public or their own health and safety, the program manager shall report the name and license number, along with a copy of all intervention program records for that registered nurse, to the board’s enforcement program. The board may use any of the records it receives under this subdivision in any disciplinary proceeding. (Amended by Stats. 2023, Ch. 510, Sec. 38. (SB 887) Effective January 1, 2024.)
  33. 2770.12.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. )

    Verify source ↗

    Records about a registered nurse’s intervention program participation must be kept confidential, are generally not open to discovery or subpoena, and must be purged after completion is determined; a registered nurse can also waive confidentiality rights in specified situations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. ) ## 2770.12. (a) After the committee and the program manager in their discretion have determined that a registered nurse has successfully completed the intervention program, all records pertaining to the registered nurse’s participation in the intervention program shall be purged. (b) All board and committee records and records of a proceeding pertaining to the participation of a registered nurse in the intervention program shall be kept confidential and are not subject to discovery or subpoena, except as specified in subdivision (b) of Section 2770.11 and subdivision (c). (c) A registered nurse shall be deemed to have waived any rights granted by any laws and regulations relating to confidentiality of the intervention program, if he or she does any of the following: (1) Presents information relating to any aspect of the intervention program during any stage of the disciplinary process subsequent to the filing of an accusation, statement of issues, or petition to compel an examination pursuant to Article 12.5 (commencing with Section 820) of Chapter 1. The waiver shall be limited to information necessary to verify or refute any information disclosed by the registered nurse. (2) Files a lawsuit against the board relating to any aspect of the intervention program. (3) Claims in defense to a disciplinary action, based on a complaint that led to the registered nurse’s participation in the intervention program, that he or she was prejudiced by the length of time that passed between the alleged violation and the filing of the accusation. The waiver shall be limited to information necessary to document the length of time the registered nurse participated in the intervention program. (Amended by Stats. 2015, Ch. 426, Sec. 29. (SB 800) Effective January 1, 2016.)
  34. 2770.13.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. )

    Verify source ↗

    The board must provide legal representation for people who report to a committee or the board if they are sued for defamation because of those reports about a registered nurse’s participation in an intervention program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. ) ## 2770.13. The board shall provide for the legal representation of any person making reports under this article to a committee or the board in any action for defamation directly resulting from those reports regarding a registered nurse’s participation in an intervention program. (Amended by Stats. 2015, Ch. 426, Sec. 30. (SB 800) Effective January 1, 2016.)
  35. 2770.14.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. )

    Verify source ↗

    The board must produce reports about program cases and conduct periodic cost analyses of the program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. ) ## 2770.14. (a) The board shall produce reports which include, but are not limited to, information concerning the number of cases accepted, denied, or terminated with compliance or noncompliance. (b) The board shall conduct a periodic cost analysis of the program. (Amended by Stats. 1999, Ch. 655, Sec. 41. Effective January 1, 2000.)
  36. 2770.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. )

    Verify source ↗

    The board must establish intervention evaluation committees and appoint their members, with specific composition and term rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. ) ## 2770.2. (a) One or more intervention evaluation committees is hereby created in the state to be established by the board. Each committee shall be composed of five persons appointed by the board. No board member shall serve on any committee. (b) Each committee shall have the following composition: (1) Three registered nurses, holding active California licenses, who have demonstrated expertise in the field of chemical dependency or psychiatric nursing. (2) One physician, holding an active California license, who specializes in the diagnosis and treatment of addictive diseases or mental illness. (3) One public member who is knowledgeable in the field of chemical dependency or mental illness. (c) It shall require a majority vote of the board to appoint a person to a committee. Each appointment shall be at the pleasure of the board for a term not to exceed four years. In its discretion the board may stagger the terms of the initial members appointed. (Amended by Stats. 2015, Ch. 426, Sec. 24. (SB 800) Effective January 1, 2016.)
  37. 2770.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. )

    Verify source ↗

    Committee members must receive per diem and expenses as provided in Section 103.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. ) ## 2770.3. Each member of a committee shall receive per diem and expenses as provided in Section 103. (Added by Stats. 1984, Ch. 865, Sec. 1.)
  38. 2770.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. )

    Verify source ↗

    A committee has a quorum when three members are present, and any committee action needs a majority vote.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. ) ## 2770.4. Three members of a committee shall constitute a quorum for the transaction of business at any meeting. Any action requires a majority vote of the committee. (Added by Stats. 1984, Ch. 865, Sec. 1.)
  39. 2770.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. )

    Verify source ↗

    Each committee must elect a chairperson and a vice chairperson from among its members.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. ) ## 2770.5. Each committee shall elect from its membership a chairperson and a vice chairperson. (Added by Stats. 1984, Ch. 865, Sec. 1.)
  40. 2770.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. )

    Verify source ↗

    The board must administer the provisions of this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. ) ## 2770.6. The board shall administer the provisions of this article. (Added by Stats. 1984, Ch. 865, Sec. 1.)
  41. 2770.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. )

    Verify source ↗

    The board must set criteria for the intervention program, and registered nurses may enter only if they request participation and meet the section’s conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. ) ## 2770.7. (a) The board shall establish criteria for the acceptance, denial, or termination of registered nurses in the intervention program. Only those registered nurses who have voluntarily requested to participate in the intervention program shall participate in the program. (b) A registered nurse under current investigation by the board may request entry into the intervention program by contacting the board. Before authorizing a registered nurse to enter into the intervention program, the board may require the registered nurse under current investigation for any violations of this chapter or any other provision of this code to execute a statement of understanding that states that the registered nurse understands that any violations that would otherwise be the basis for discipline may still be investigated and may be the subject of disciplinary action in accordance with this section. (c) (1) Neither acceptance nor participation in the intervention program shall preclude the board from investigating or continuing to investigate, or, except as provided in this subdivision, taking disciplinary action or continuing to take disciplinary action against, any registered nurse for any unprofessional conduct committed before, during, or after participation in the intervention program. (2) The board may investigate at its discretion complaints against registered nurses participating in the intervention program. (3) Disciplinary action with regard to acts committed before or during participation in the intervention program shall not take place unless the registered nurse withdraws or is terminated from the program. (d) All registered nurses shall sign an agreement of understanding that the withdrawal or termination from the intervention program at a time when the program manager or intervention evaluation committee determines the licentiate presents a threat to the public’s health and safety shall result in the utilization by the board of intervention program treatment records in disciplinary or criminal proceedings. (e) Any registered nurse terminated from the intervention program for failure to comply with program requirements is subject to disciplinary action by the board for acts committed before, during, and after participation in the intervention program. A registered nurse who has been under investigation by the board and has been terminated from the intervention program by an intervention evaluation committee shall be reported by the intervention evaluation committee to the board. (Amended by Stats. 2023, Ch. 510, Sec. 39. (SB 887) Effective January 1, 2024.)
  42. 2770.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. )

    Verify source ↗

    A committee in the intervention program must evaluate nurse applicants, review treatment services, handle participant information, consider safety for continued practice, call meetings as needed, and recommend agreement terms to the program manager.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. ) ## 2770.8. A committee created under this article operates under the direction of the intervention program manager. The program manager has the primary responsibility to review and evaluate recommendations of the committee. Each committee shall have the following duties and responsibilities: (a) To evaluate those registered nurses who request participation in the program according to the guidelines prescribed by the board, and to make recommendations. (b) To review and designate those treatment services to which registered nurses in an intervention program may be referred. (c) To receive and review information concerning a registered nurse participating in the program. (d) To consider in the case of each registered nurse participating in a program whether he or she may with safety continue or resume the practice of nursing. (e) To call meetings as necessary to consider the requests of registered nurses to participate in an intervention program, and to consider reports regarding registered nurses participating in a program. (f) To make recommendations to the program manager regarding the terms and conditions of the intervention agreement for each registered nurse participating in the program, including treatment, supervision, and monitoring requirements. (Amended by Stats. 2015, Ch. 426, Sec. 26. (SB 800) Effective January 1, 2016.)
  43. 2770.9.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. )

    Verify source ↗

    The committee must inform a registered nurse who asks to join the program about the program procedures, the nurse’s rights and responsibilities, and the possible results of not following the program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.1. Intervention Program [2770 - 2770.14] ( Heading of Article 3.1 amended by Stats. 2015, Ch. 426, Sec. 21. ) ## 2770.9. The committee shall inform each registered nurse who requests participation in a program of the procedures followed in the program, of the rights and responsibilities of the registered nurse in the program, and of the possible results of noncompliance with the program. (Added by Stats. 1984, Ch. 865, Sec. 1.)
  44. 2775.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.5. Nursing Corporations [2775 - 2781] ( Article 3.5 added by Stats. 1981, Ch. 621, Sec. 2. )

    Verify source ↗

    A nursing corporation is a corporation authorized to provide professional services if it and its relevant registered-nurse personnel comply with the Moscone-Knox Professional Corporation Act, this article, and other applicable statutes and regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.5. Nursing Corporations [2775 - 2781] ( Article 3.5 added by Stats. 1981, Ch. 621, Sec. 2. ) ## 2775. A nursing corporation is a corporation which is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services who are registered nurses are in compliance with the Moscone-Knox Professional Corporation Act, the provisions of this article and all other statutes and regulations now or hereafter enacted or adopted pertaining to such corporation and the conduct of its affairs. With respect to a nursing corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Board of Registered Nursing. (Added by Stats. 1981, Ch. 621, Sec. 2.)
  45. 2776.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.5. Nursing Corporations [2775 - 2781] ( Article 3.5 added by Stats. 1981, Ch. 621, Sec. 2. )

    Verify source ↗

    Licensed persons under this chapter must not violate, try to violate, help violate, or conspire to violate this article, the Moscone-Knox Professional Corporation Act, or regulations under those laws.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.5. Nursing Corporations [2775 - 2781] ( Article 3.5 added by Stats. 1981, Ch. 621, Sec. 2. ) ## 2776. It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly or indirectly, or assist in or abet the violation of, or conspire to violate any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws. (Added by Stats. 1981, Ch. 621, Sec. 2.)
  46. 2777.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.5. Nursing Corporations [2775 - 2781] ( Article 3.5 added by Stats. 1981, Ch. 621, Sec. 2. )

    Verify source ↗

    A nursing corporation must not engage in conduct that would be unprofessional under any applicable statute or regulation, and it must follow those statutes and regulations in its practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.5. Nursing Corporations [2775 - 2781] ( Article 3.5 added by Stats. 1981, Ch. 621, Sec. 2. ) ## 2777. A nursing corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any statute or regulation, now or hereafter in effect. In the conduct of its practice, it shall observe and be bound by such statutes and regulations to the same extent as a person holding a license under this chapter. (Added by Stats. 1981, Ch. 621, Sec. 2.)
  47. 2778.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.5. Nursing Corporations [2775 - 2781] ( Article 3.5 added by Stats. 1981, Ch. 621, Sec. 2. )

    Verify source ↗

    A nursing corporation’s name, including any name used for professional services, must include “nursing” or “registered nursing” and wording or abbreviations showing corporate existence.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.5. Nursing Corporations [2775 - 2781] ( Article 3.5 added by Stats. 1981, Ch. 621, Sec. 2. ) ## 2778. The name of a nursing corporation and any name or names under which it may render professional services shall contain the words “nursing” or “registered nursing,” and wording or abbreviations denoting corporate existence. (Added by Stats. 1981, Ch. 621, Sec. 2.)
  48. 2779.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.5. Nursing Corporations [2775 - 2781] ( Article 3.5 added by Stats. 1981, Ch. 621, Sec. 2. )

    Verify source ↗

    Most shareholders, directors, and officers of a nursing corporation must be licensed persons, with stated exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.5. Nursing Corporations [2775 - 2781] ( Article 3.5 added by Stats. 1981, Ch. 621, Sec. 2. ) ## 2779. Except as provided in Sections 13401.5 and 13403 of the Corporations Code, each shareholder, director and officer of a nursing corporation, except an assistant secretary and an assistant treasurer, shall be a licensed person as defined in Section 13401 of the Corporations Code. (Added by Stats. 1981, Ch. 621, Sec. 2.)
  49. 2780.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.5. Nursing Corporations [2775 - 2781] ( Article 3.5 added by Stats. 1981, Ch. 621, Sec. 2. )

    Verify source ↗

    A nursing corporation's income tied to services performed while a shareholder is a disqualified person cannot benefit that shareholder or their shares.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.5. Nursing Corporations [2775 - 2781] ( Article 3.5 added by Stats. 1981, Ch. 621, Sec. 2. ) ## 2780. The income of a nursing corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of the shareholder or their shares in the nursing corporation. (Amended by Stats. 2023, Ch. 510, Sec. 40. (SB 887) Effective January 1, 2024.)
  50. 2781.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.5. Nursing Corporations [2775 - 2781] ( Article 3.5 added by Stats. 1981, Ch. 621, Sec. 2. )

    Verify source ↗

    The board may adopt and enforce regulations for nursing corporations, including rules about stock owned by disqualified or deceased persons and rules requiring patient-claim security.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 3.5. Nursing Corporations [2775 - 2781] ( Article 3.5 added by Stats. 1981, Ch. 621, Sec. 2. ) ## 2781. The board may adopt and enforce regulations to carry out the purposes and objectives of this article, including regulations requiring (a) that the bylaws of a nursing corporation shall include a provision whereby the capital stock of such corporation owned by a disqualified person (as defined in Section 13401 of the Corporations Code), or a deceased person, shall be sold to the corporation or to the remaining shareholders of such corporation within such time as such regulations may provide, and (b) that a nursing corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services. (Added by Stats. 1981, Ch. 621, Sec. 2.)
  51. 2785.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board must keep a list of approved nursing schools in the state.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. ) ## 2785. The board shall prepare and maintain a list of approved schools of nursing in this state whose graduates, if they have the other necessary qualifications provided in this chapter, shall be eligible to apply for a license to practice nursing in this state. (Amended by Stats. 1983, Ch. 742, Sec. 5.)
  52. 2785.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board must create a workgroup or use an existing committee to promote efficient transfer agreements or similar enrollment models between associate degree and baccalaureate nursing programs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. ) ## 2785.5. The board shall establish a workgroup, or use an existing committee, to encourage and facilitate efficient transfer agreements or other enrollment models between associate degree nursing programs and baccalaureate degree nursing programs so students are able to complete the baccalaureate program without unnecessary repetition of coursework. (Added by Stats. 2004, Ch. 271, Sec. 1. Effective January 1, 2005.)
  53. 2785.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    A board advisory committee is created to gather input, study nursing education and workforce issues, and recommend standards to the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. ) ## 2785.6. There is created within the jurisdiction of the board a Nursing Education and Workforce Advisory Committee, which shall solicit input from approved nursing programs and members of the nursing and health care professions to study and recommend nursing education standards and solutions to workforce issues to the board. (a) The committee shall be comprised of the following: (1) One nursing program director representative of a statewide association for associate’s degrees in nursing programs. (2) One nursing program director representative of a statewide association representing bachelor’s degrees in nursing programs. (3) One California Community Colleges Chancellor’s Office representative. (4) One California State University Office of the Chancellor representative. (5) One currently practicing registered nurse representative. (6) Two currently practicing advanced practice registered nurse representatives. (7) Two registered nurse employer representatives in nursing service administration. (8) One professional nursing organization representative. (9) Three nursing union organization representatives. (10) One public representative. (11) One Health Workforce Development Division representative. (12) One board research vendor. (13) Any other members representing an organization in the nursing education or workforce field that the board determines is necessary for the work of the committee and is not listed under this subdivision. (b) (1) Except as provided in paragraph (2), all appointments shall be for a term of four years and vacancies shall be filled for the unexpired term. No person shall serve more than two consecutive terms except for the representatives from organizations. (2) (A) The initial appointments for the education representatives shall be for the following terms: (i) One Nursing Program Director who is a member of a statewide association for associate’s degrees in nursing programs shall serve three years. (ii) One nursing program director who is a member of a statewide association representing bachelor’s degrees in nursing programs shall serve a term of two years. (iii) One California Community Colleges Chancellor’s Office representative shall serve a term of four years. (iv) One representative from the California State University Office of the Chancellor shall serve a term of four years. (B) The initial appointments for the workforce representatives shall be for the following terms: (i) One practicing registered nurse representative shall serve a term of four years. (ii) One of the two practicing advanced practice registered nurse representatives shall serve a term of three years and the other shall serve a term of two years. (C) The initial appointments for the employer representatives shall be for the following terms: (i) One of the two registered nurse employer representatives shall serve a term of three years and the other shall serve a term of four years. (ii) One professional nursing organization representative shall serve a term of two years. (D) The public member shall serve a term of four years. (c) The committee shall meet a minimum of two times per year and shall appoint officers annually. (d) (1) The committee shall dedicate a minimum of one meeting each towards nursing education issues and nursing workforce issues. (2) The committee may establish subcommittees to study issues specific to education, workforce, or any other topic relevant to the purpose of the committee. (e) The committee may refer information and recommendations to the board or other committees of the board. (f) (1) The board may implement, interpret, or make specific this section by means of a charter, or other similar document, approved by the board. (2) The board may revise the charter, or other similar document, developed pursuant to this section, as necessary. The development or revision of the charter, or other similar document, shall be exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (g) The committee shall study and recommend standards for simulated clinical experiences based on the best practices published by the International Nursing Association for Clinical Simulation and Learning, the National Council of State Boards of Nursing, the Society for Simulation in Healthcare, or equivalent standards. (h) (1) The committee shall study and recommend standards regarding how approved schools of nursing or nursing programs manage or coordinate clinical placements. The study shall include, at a minimum, all of the following topics: (A) How approved schools of nursing or nursing programs maintain clinical education standards. (B) The participation of approved schools of nursing or nursing programs in consortiums with other approved schools of nursing or nursing programs to manage or coordinate clinical placements. (C) The necessity and feasibility of a statewide consortium or regional consortiums under the regulatory oversight of the board to manage or coordinate clinical placements of approved schools of nursing or nursing programs. (D) Identifying and reporting violations of Section 2786.4. (E) Ensuring fair and equitable access to clinical placement among approved schools of nursing or nursing programs. (F) Identifying necessary information for the board to collect to ensure that approved schools of nursing and nursing programs comply with standards recommended by the committee. (2) (A) The board shall submit a report to the Legislature detailing the committee’s findings and recommendations pursuant to paragraph (1). (B) A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 776, Sec. 1. (SB 1015) Effective January 1, 2025.)
  54. 2786.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    This section sets standards for approved nursing schools and programs, including clinical hours, board approval, reporting duties, and implicit-bias training requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. ) ## 2786. (a) (1) An approved school of nursing, or an approved nursing program, is one that has been approved by the board, gives the course of instruction approved by the board, covering not fewer than two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, “institution of higher education” includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level master’s degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code). (2) An approved school of nursing or nursing program shall meet a minimum of 500 direct patient care clinical hours in a board-approved clinical setting with a minimum of 30 hours of supervised direct patient care clinical hours dedicated to each nursing area specified by the board. (A) Additional clinical hours required by the program for nursing education preparation in each nursing area as specified by the board shall be identified and documented in the curriculum plan for each area. (B) An approved school of nursing or nursing program shall not be required to track the minimum clinical hours by individual students. (3) An approved school of nursing or nursing program may cover fewer than two academic years if approved to provide a course of instruction that prepares a licensed vocational nurse licensed under the Vocational Nursing Practice Act (commencing with Section 2840) for a license under this chapter. (b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved. (c) (1) The board shall determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse and shall include the minimum units of theory and clinical experience necessary to achieve essential clinical competency at the entry level of the registered nurse. The board’s regulations shall be designed to require all schools to provide clinical instruction in all phases of the educational process, except as necessary to accommodate military education and experience as specified in Section 2786.1. (2) Notwithstanding paragraph (1), whenever an agency or facility used by an approved nursing program for direct patient care clinical practice is no longer available or sufficient, the director of the approved nursing program may submit to a board nursing education consultant a request that the approved nursing program allow theory to precede clinical practice if all of the following conditions are met: (A) No alternative agency or facility located within 25 miles of the impacted approved nursing program, campus, or location, as applicable, has a sufficient number of open placements that are available and accessible to the approved nursing program for direct patient care clinical practice hours in the same subject matter area. An approved program shall not be required to submit more than required under subparagraph (A) of paragraph (3) of subdivision (a) of Section 2786.3. (B) Clinical practice takes place in the academic term immediately following theory. (C) Theory is taught concurrently with clinical practice not in direct patient care if no direct patient care experiences are available. (3) (A) The board shall annually collect, analyze, and report information related to the number of clinical placement slots that are available and the location of those clinical placement slots within the state, including, but not limited to, information concerning the total number of placement slots a clinical facility can accommodate and how many slots the programs that use the facility will need. (B) The board shall utilize data from available regional or individual institution databases. (C) The board shall publish the annual report on its internet website. (4) (A) (i) The board shall annually collect, analyze, and report information related to the management of clinical placements and coordination with clinical facilities by approved schools of nursing or nursing programs. (ii) The report shall include information relating to how approved schools of nursing or nursing programs collaborate and coordinate with other approved schools of nursing, nursing programs, or regional planning consortiums that utilize the same clinical facility. (B) (i) The board shall publish the annual report on its internet website. (ii) Notwithstanding Section 10231.5 of the Government Code, the board shall annually submit the report under this subparagraph to the Legislature. (iii) A report to be submitted under this subparagraph shall be submitted in compliance with Section 9795 of the Government Code. (d) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing. (e) (1) The executive officer shall develop a uniform method for evaluating requests and granting approvals pursuant to this section. (2) The executive officer may revise the uniform method developed pursuant to this subdivision, as necessary. The development or revision of the uniform method shall be exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (3) The board’s nursing education consultants shall use the uniform method to evaluate requests and grant approvals pursuant to this section. (4) The board shall post the approved method and any revisions on the board’s website. (f) (1) Graduation requirements for an approved school of nursing, or an approved nursing program, shall include one hour of direct participation in an implicit bias training which shall include all of the following: (A) Identification of previous or current unconscious biases and misinformation. (B) Identification of personal, interpersonal, institutional, structural, and cultural barriers to inclusion. (C) Corrective measures to decrease implicit bias at the interpersonal and institutional levels, including ongoing policies and practices for that purpose. (D) Information on the effects, including, but not limited to, ongoing personal effects, of historical and contemporary exclusion and oppression of minority communities. (E) Information about cultural identity across racial or ethnic groups. (F) Information about communicating more effectively across identities, including racial, ethnic, religious, and gender identities. (G) Discussion on power dynamics and organizational decisionmaking. (H) Discussion on health inequities within the perinatal care field, including information on how implicit bias impacts maternal and infant health outcomes. (I) Perspectives of diverse, local constituency groups and experts on particular racial, identity, cultural, and provider-community relations issues in the community. (J) Information on reproductive justice. (2) This subdivision shall not be construed to do any of the following: (A) Affect the requirements for licensure under this chapter. (B) Require a curriculum revision. (C) Affect licensure by endorsement under this chapter. (Amended by Stats. 2024, Ch. 776, Sec. 2. (SB 1015) Effective January 1, 2025.)
  55. 2786.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board must deny or revoke approval for a nursing school that does not give nursing credit for military education and experience, and it must adopt regulations and review/post related information.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. ) ## 2786.1. (a) The board shall deny the application for approval made by, and shall revoke the approval given to, any school of nursing that does not give student applicants credit in the field of nursing for military education and experience by the use of challenge examinations or other methods of evaluation. (b) The board shall adopt regulations by January 1, 2017, requiring schools to have a process to evaluate and grant credit for military education and experience. The regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The word “credit,” as used in this subdivision, is limited to credit for licensure only. The board is not authorized to prescribe the credit that an approved school of nursing shall give toward an academic certificate or degree. (c) The board shall review a school’s policies and practices regarding granting credit for military education and experience at least once every five years to ensure consistency in evaluation and application across schools. The board shall post on its Internet Web site information related to the acceptance of military coursework and experience at each approved school. (Added by Stats. 2015, Ch. 489, Sec. 6. (SB 466) Effective January 1, 2016.)
  56. 2786.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    A board-approved private nursing school must follow the Education Code chapter, and the board has specified powers and limits for accreditation-related review and enrollment requests.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. ) ## 2786.2. (a) A private postsecondary school of nursing approved by the board pursuant to subdivision (b) of Section 2786 shall comply with Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code. The board shall have a memorandum of understanding with the Bureau for Private Postsecondary Education to delineate the powers of the board to review and approve schools of nursing and the powers of the bureau to protect the interest of students attending institutions governed by the California Private Postsecondary Education Act of 2009, Chapter 8 (commencing with Section 94800) of Division 10 of Title 3 of the Education Code. (b) (1) For approved schools of nursing that are actively accredited by an institutional or programmatic accreditor recognized by the United States Department of Education, the board shall, without requiring additional documentation or action, do the following, unless unrelated to the scope of accreditation: (A) Perform site inspections jointly with accreditors. (B) Accept continuing accreditation decisions from accreditors. (C) Accept faculty hiring decisions made by the approved program director. (D) Accept the self-study required by programmatic accreditors as a substitute for board self-study or data collection if the following are met: (i) The program provides a crosswalk connecting the items in the report to the board’s regulatory requirements. (ii) If the report does not address any of the board’s regulatory requirements, the program provides an addendum to the report to address those requirements. (E) Accept substantive change requests, as defined under the uniform method developed under subdivision (e) of Section 2786, if approved by the accreditor unless the request is a request to increase enrollment or perform a major curriculum revision. (F) When considering a request to increase enrollment, the board may consider only the following factors related to the ability to adequately train additional students: (i) Adequacy of resources, including, but not limited to, faculty, facilities, equipment, and supplies. (ii) Availability of clinical placements. (iii) Complaints that have been verified by the board from students, faculty, or other interested parties. (iv) Licensing examination pass rates, graduation rates, and retention rates. (v) Any other similar factors specified by the board in regulations. The board shall not consider nursing workforce issues, including those identified under Section 2717, as factors for purposes of this subparagraph. (2) Upon complaint or other evidence that an approved school of nursing does not meet the board’s standards, the board may withhold approval under this subdivision or perform additional site inspections pursuant to Section 2788. (3) The board may make or withhold approvals under this subdivision prior to the adoption of implementing regulations. (Amended by Stats. 2022, Ch. 413, Sec. 12. (AB 2684) Effective January 1, 2023.)
  57. 2786.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    This section lets an approved nursing program seek temporary approval to use alternate clinical arrangements and reduced direct patient care hours, and requires the board’s consultant and officers to process those requests using a uniform method.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. ) ## 2786.3. (a) Until the end of the 2023–24 academic year, or whenever the Governor declares a state of emergency for a county in which an agency or facility used by an approved nursing program for direct patient care clinical practice is no longer available, the director of the approved nursing program may submit to a board nursing education consultant requests to do any of the following: (1) Utilize a clinical setting until the end of the academic term without the following: (A) Approval by the board. (B) Written agreements with the clinical facility. (C) Submitting evidence of compliance with board regulations relating to the utilization of clinical settings, except as necessary for a board nursing education consultant to ensure course objectives and faculty responsibilities will be met. (2) Utilize preceptorships until the end of the academic term without having to maintain written policies relating to the following: (A) Identification of criteria used for preceptor selection. (B) Provision for a preceptor orientation program that covers the policies of the preceptorship and preceptor, student, and faculty responsibilities. (C) Identification of preceptor qualifications for both the primary and the relief preceptor. (D) Description of responsibilities of the faculty, preceptor, and student for the learning experiences and evaluation during preceptorship. (E) Maintenance of preceptor records that includes names of all current preceptors, registered nurse licenses, and dates of preceptorships. (F) Plan for an ongoing evaluation regarding the continued use of preceptors. (3) Subject to subparagraph (F), request that the approved nursing program be allowed to reduce the required number of direct patient care hours to 50 percent in geriatrics and medical-surgical and 25 percent in mental health-psychiatric nursing, obstetrics, and pediatrics if all of the following conditions are met: (A) No alternative agency or facility has a sufficient number of open placements that are available and accessible within 25 miles of the approved nursing program for direct patient care clinical practice hours in the same subject matter area. An approved nursing program shall submit, and not be required to provide more than, the following: (i) The list of alternative agencies or facilities listed within 25 miles of the impacted approved nursing program, campus, or location, as applicable, using the facility finder on the Department of Health Care Access and Information website. (ii) The list of courses impacted by the loss of clinical placements and the academic term the courses are offered. (iii) Whether each of the listed alternative agencies or facilities would meet the course objectives for the courses requiring placements. (iv) Whether the approved nursing program has contacted each of the listed alternative agencies or facilities about the availability of clinical placements. The approved nursing program shall not be required to contact a clinical facility that would not meet course objectives. (v) The date of contact or attempted contact. (vi) The number of open placements at each of the listed alternative agencies or facilities that are available for the academic term for each course. If an alternative agency or facility does not respond within 48 hours, the approved nursing program may list the alternative agency or facility as unavailable. If the alternative agency or facility subsequently responds prior to the submission of the request to a board nursing education consultant, the approved nursing program shall update the list to reflect the response. (vii) Whether the open and available placements are accessible to the students and faculty. An open and available placement is accessible if there are no barriers that otherwise prohibit a student from entering the facility, including, but not limited to, the lack of personal protective equipment or cost-prohibitive infectious disease testing. An individual’s personal unwillingness to enter an alternative agency or facility does not make a placement inaccessible. (viii) The total number of open and available placements that are accessible to the students and faculty compared to the total number of placements needed. (B) The substitute clinical practice hours not in direct patient care provide a learning experience, as defined by the board consistent with Section 2708.1, that is at least equivalent to the learning experience provided by the direct patient care clinical practice hours. (C) The temporary reduction provided in paragraph (3) shall cease as soon as practicable or by the end of the academic term, whichever is sooner. (D) The substitute clinical practice hours not in direct patient care that are simulation experiences are based on the best practices published by the International Nursing Association for Clinical Simulation and Learning, the National Council of State Boards of Nursing, the Society for Simulation in Healthcare, or equivalent standards approved by the board. (E) A maximum of 25 percent of the direct patient care hours specified in paragraph (3) in geriatrics and medical-surgical may be completed via telehealth. (F) Notwithstanding subdivision (a), no new requests under this paragraph shall be approved after the 2023–2024 academic year and any requests approved under this paragraph shall expire at the end of the 2023–24 academic year. (b) If the conditions in paragraph (1), (2), or (3) of subdivision (a), as applicable to the request, are met, a board nursing education consultant shall approve the request. If an approved nursing program fails to submit information satisfactory to the board nursing education consultant, or fails to meet the conditions specified, the board nursing education consultant shall deny the request. If the request is not approved or denied on or before 5:00 p.m. on the date seven business days after receipt of the request, the request shall be deemed approved. (c) (1) Within 30 days of the effective date of this section, the board’s executive officer shall develop a uniform method for evaluating requests and granting approvals pursuant to this section. (2) The executive officer may revise the uniform method developed pursuant to this subdivision from time to time, as necessary. The development or revision of the uniform method shall be exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Title 2 of the Government Code). (3) The board’s nursing education consultants shall use the uniform method to evaluate requests and grant approvals pursuant to this section. (4) The board shall post the uniform method and any revisions on the board’s website. (Amended by Stats. 2022, Ch. 413, Sec. 13. (AB 2684) Effective January 1, 2023.)
  58. 2786.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    Certain nursing schools and related entities must not pay clinical agencies or facilities for student clinical placements, except for reasonable administrative fees and similar reimbursements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. ) ## 2786.4. (a) An institution of higher education or a private postsecondary school of nursing subject to Section 2786, or an entity affiliated with the institution or school of nursing, shall not make a payment to any clinical agency or facility in exchange for clinical experience placements for students enrolled in a nursing program offered by or affiliated with the institution or private postsecondary school of nursing. (b) A payment shall be deemed a violation of subdivision (a) if made within two years of a clinical experience placement at a facility. (c) The payment of reasonable administrative fees for purposes of credentialing, databank registration, purchasing supplies, or similar costs or reimbursements does not constitute a violation of subdivision (a). (Added by Stats. 2022, Ch. 413, Sec. 14. (AB 2684) Effective January 1, 2023.)
  59. 2786.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    Certain nursing schools must pay board fees, and the board may set those fees within stated caps.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. ) ## 2786.5. (a) Subject to the provisions of Section 128.5, an institution of higher education or a private postsecondary school of nursing approved by the board pursuant to subdivision (b) of Section 2786 shall remit to the board for deposit in the Board of Registered Nursing Fund the following fees, in accordance with the following schedule: (1) The fee for approval of a school of nursing shall be fixed by the board at not more than eighty thousand dollars ($80,000). (2) The processing fee for authorization of a substantive change to an approval of a school of nursing shall be fixed by the board at not more than five thousand dollars ($5,000). The board shall not require a fee for substantive changes approved under subparagraph (E) of paragraph (1) of subdivision (b) of Section 2786.2 or curriculum revisions, as defined under the uniform method developed under subdivision (e) of Section 2786. (b) If the board determines that the cost of providing oversight and review of a school of nursing, as required by this article, is less than the amount of any fees required to be paid by that institution pursuant to this article, the board may decrease the fees applicable to that institution to an amount that is proportional to the board’s costs associated with that institution. (Amended by Stats. 2022, Ch. 413, Sec. 15. (AB 2684) Effective January 1, 2023.)
  60. 2786.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board must deny or revoke approval for a nursing school that fails the listed credit or admissions rules, and it must regulate the education and amount of credit for licensure-only credit.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. ) ## 2786.6. The board shall deny the application for approval made by, and shall revoke the approval given to, any school of nursing which: (a) Does not give to student applicants credit, in the field of nursing, for previous education and the opportunity to obtain credit for other acquired knowledge by the use of challenge examinations or other methods of evaluation; or, (b) Is operated by a community college and discriminates against an applicant for admission to a school solely on the grounds that the applicant is seeking to fulfill the units of nursing required by Section 2736.6. The board shall prescribe, by regulation, the education for which credit is to be given and the amount of credit which is to be given for each type of education. The word “credit,” as used in the preceding sentence, is limited to credit for licensure only. The board is not authorized to prescribe the credit which an approved school of nursing shall give toward an academic certificate or degree. (Amended by Stats. 1983, Ch. 742, Sec. 8.)
  61. 2787.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board may approve qualified individuals for faculty, director, or assistant director roles at approved nursing schools or programs, and must approve them when the stated application and qualification requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. ) ## 2787. If the board requires the approval of the faculty or directors in regulations promulgated pursuant to Section 2786, all of the following apply: (a) The board may approve an individual to serve as a member of the faculty, director, or assistant director of an approved school of nursing or nursing program. (b) The board shall approve an applicant for individual approval if the applicant submits a completed application in the form prescribed by the board demonstrating that the applicant meets the requirements established by the board for faculty, directors, and assistant directors of an approved school of nursing or nursing program. (c) The individual approval under this section shall be valid for five years and may be renewed if the individual demonstrates to the board that they continue to meet the requirements established by the board for faculty, directors, and assistant directors of an approved school of nursing or nursing program. (d) The board shall display an approved individual’s faculty, director, or assistant director approval status, including the approved faculty level and content areas, if applicable, and the status of their nursing license through an online search tool administered by the department. (e) (1) If an applicant for approval under this section has a faculty position and does not meet a requirement established by the board for a different position, the board may accept a remediation plan submitted by an approved school of nursing or nursing program to help the applicant meet the requirement. (2) If the board accepts the plan submitted under paragraph (1), the board may approve the applicant to instruct in theory under the mentorship and supervision of the content expert identified in the plan for up to one year. (f) If required by the board for directors and assistant directors of an approved school of nursing or nursing program, an approved school of nursing or nursing program shall continue to report to the board changes in the nursing program’s director and assistant director of nursing positions. (g) An approved school of nursing or nursing program shall not be required to report to the board any of the following faculty changes: (1) A change in a faculty member’s teaching area. (2) An offer of employment for a faculty member position. (3) Termination of employment of a faculty member. (h) This section does not modify any limitations on the powers of the board related to the faculty approval of accredited schools of nursing and nursing programs as specified in subdivision (b) of Section 2786.2. (Added by Stats. 2024, Ch. 370, Sec. 1. (AB 2015) Effective January 1, 2025.)
  62. 2788.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board must inspect all nursing schools, approve those that meet its requirements, and give written notice if an approved school is not maintaining the required standard.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. ) ## 2788. It shall be the duty of the board, through its executive officer, to inspect all schools of nursing in this state at such times as the board shall deem necessary. Written reports of the executive officer’s visits shall be made to the board, which shall thereupon approve those schools of nursing that meet the requirements provided by the board. Upon receiving the report of the executive officer, if the board determines that any approved school of nursing is not maintaining the standard required by the board, notice thereof in writing specifying the defect or defects shall be immediately given to the school. If the defects are not corrected within a reasonable time, the school of nursing may be removed from the approved list and notice thereof in writing given to it. (Amended by Stats. 1983, Ch. 742, Sec. 10.)
  63. 2789.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    This chapter does not apply to schools run by a well recognized church or denomination when they train adherents to care for the sick according to their religious beliefs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 4. Nursing Schools [2785 - 2789] ( Article 4 added by Stats. 1939, Ch. 807. ) ## 2789. None of the provisions of this chapter shall be applicable to any school or schools conducted by any well recognized church or denomination for the purpose of training the adherents of such church or denomination in the care of the sick in accordance with its religious tenets. (Added by Stats. 1939, Ch. 807.)
  64. 2795.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 5. Penal Provisions [2795 - 2800] ( Article 5 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    A person may not practice or offer to practice nursing in the state unless licensed, and may not use titles or devices implying nursing qualifications unless duly licensed or certified under the chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 5. Penal Provisions [2795 - 2800] ( Article 5 added by Stats. 1939, Ch. 807. ) ## 2795. Except as provided in this chapter, it is unlawful for any person to do any of the following: (a) To practice or to offer to practice nursing in this state unless the person holds a license in an active status. (b) To use any title, sign, card, or device to indicate that he or she is qualified to practice or is practicing nursing, unless the person has been duly licensed or certified under this chapter. (Amended by Stats. 1990, Ch. 350, Sec. 2.)
  65. 2796.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 5. Penal Provisions [2795 - 2800] ( Article 5 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    People who are not licensed or certified under this chapter may not use certain nurse titles or pretend to be a professional nurse.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 5. Penal Provisions [2795 - 2800] ( Article 5 added by Stats. 1939, Ch. 807. ) ## 2796. It is unlawful for any person or persons not licensed or certified as provided in this chapter to use the title “registered nurse,” the letters “R.N. ,” or the words “graduate nurse,” “trained nurse,” or “nurse anesthetist.” It is unlawful for any person or persons not licensed or certified as provided in this chapter to impersonate a professional nurse or pretend to be licensed to practice professional nursing as provided in this chapter. (Amended by Stats. 1983, Ch. 696, Sec. 5.)
  66. 2797.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 5. Penal Provisions [2795 - 2800] ( Article 5 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    A person must not willfully make false representations or impersonate someone else, or help someone else impersonate him, in connection with a licensing exam or license application.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 5. Penal Provisions [2795 - 2800] ( Article 5 added by Stats. 1939, Ch. 807. ) ## 2797. It is unlawful for a person to wilfully make any false representation or to impersonate any other person or permit or aid any person in any manner to impersonate him in connection with any examination or application for a license, or request to be examined or licensed. (Added by Stats. 1939, Ch. 807.)
  67. 2798.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 5. Penal Provisions [2795 - 2800] ( Article 5 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    A nursing school may not operate unless it has board approval, and the board must order unapproved schools to stop enrolling students and notify specified agencies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 5. Penal Provisions [2795 - 2800] ( Article 5 added by Stats. 1939, Ch. 807. ) ## 2798. (a) It is unlawful for anyone to conduct a school of nursing unless the school has been approved by the board. (b) If the board has a reasonable belief, either by complaint or otherwise, that a school is allowing students to apply for its nursing program and that nursing program does not have the approval of the board, the board shall immediately order the school to cease and desist from offering students the ability to enroll in its nursing program. The board shall also notify the Bureau for Private Postsecondary Education and the Attorney General’s office that the school is offering students the ability to enroll in a nursing program that does not have the approval of the board. (c) It shall be unprofessional conduct for any registered nurse to violate or attempt to violate, either directly or indirectly, or to assist or abet the violation of, this section. (d) This section is not applicable to schools conducted under Section 2789 of this chapter. (Amended by Stats. 2012, Ch. 789, Sec. 6. (SB 122) Effective January 1, 2013.)
  68. 2799.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 5. Penal Provisions [2795 - 2800] ( Article 5 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    A person who violates any provision of this chapter commits a misdemeanor and may be punished by jail time, a fine, or both.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 5. Penal Provisions [2795 - 2800] ( Article 5 added by Stats. 1939, Ch. 807. ) ## 2799. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and upon a conviction thereof shall be punished by imprisonment in the county jail for not less than 10 days nor more than one year, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 10. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  69. 2800.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 5. Penal Provisions [2795 - 2800] ( Article 5 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    Certain church adherents may use “nurse,” but they may not use protected nursing titles or symbols that would make others think they are licensed professional nurses.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 5. Penal Provisions [2795 - 2800] ( Article 5 added by Stats. 1939, Ch. 807. ) ## 2800. None of the sections in this article, except Sections 2796 and 2797, shall be applicable to any person or persons specifically exempted from the general provisions of this act by Section 2731 hereof, or to schools conducted by any well-recognized church or denomination for the purpose of training the adherents of the church or denomination in the care of the sick in accordance with its religious tenets. An adherent of any well-recognized church or denomination who engages in nursing or the care of the sick in connection with the practice of the religious tenets of the well-recognized church or denomination may use the word “nurse” in connection with or following their name, provided they shall not use the title “registered nurse,” the letters “R.N.,” the words “graduate nurse,” “trained nurse,” “nurse anesthetist,” or any other name, word, or symbol in connection with or following their name so as to lead another or others to believe that they are a professional nurse licensed under the provisions of this chapter. (Amended by Stats. 2023, Ch. 510, Sec. 42. (SB 887) Effective January 1, 2024.)
  70. 2810.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    This section creates the Board of Registered Nursing Fund in the State Treasury, abolishes the prior nursing education and registration fund, and directs the Controller to transfer its balance on January 1, 1975.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. ) ## 2810. There is established in the State Treasury a Board of Registered Nursing Fund. The California Board of Nursing Education and Nurse Registration Fund of the State of California is abolished. The Controller, on, January 1, 1975, shall transfer any balance in that fund to the Board of Registered Nursing Fund. Any reference in state law to the Board of Nurse Examiners Fund or the Board of Nurse Examiners Fund of the State of California shall be construed to refer to the Board of Registered Nursing Fund. (Amended by Stats. 1974, Ch. 632.)
  71. 2811.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    Nurses with a regular renewable license must renew and pay the biennial fee on the birthday-based deadline; the board must renew on receipt, expired licenses may be reinstated for eight years, and inactive licenses may be returned to active status if continuing education standards are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. ) ## 2811. (a) Each person holding a regular renewable license under this chapter, whether in an active or inactive status, shall apply for a renewal of their license and pay the biennial renewal fee required by this chapter every two years on or before the last day of the month following the month in which their birthday occurs, beginning with the second birthday following the date on which the license was issued, whereupon the board shall renew the license. (b) A license not renewed in accordance with this section shall expire but may within a period of eight years thereafter be reinstated upon payment of the fee required by this chapter and upon submission of proof of the applicant’s qualifications as may be required by the board. During the eight-year period, no examination shall be required as a condition for the reinstatement of an expired license that has lapsed solely by reason of nonpayment of the renewal fee. After the expiration of the eight-year period, the board may require as a condition of reinstatement that the applicant pass an examination as the board deems necessary to determine their present fitness to resume the practice of professional nursing. (c) A license in an inactive status may be restored to an active status if the licensee meets the continuing education standards of Section 2811.5. (Amended by Stats. 2023, Ch. 510, Sec. 43. (SB 887) Effective January 1, 2024.)
  72. 2811.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board must issue a retired license to a registered nurse who applies, pays the fee, and meets the stated qualifications. Retired licensees are exempt from continuing education, must use the title “retired” with their professional title, and may provide limited free nursing services in approved public health programs under supervision.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. ) ## 2811.1. (a) The board, upon application and payment of the fee established pursuant to subdivision (h), shall issue a retired license to a registered nurse, if the licensee meets both of the following qualifications: (1) Holds an unrestricted license on the date of application. (2) If not already on record, furnishes to the Department of Justice, as directed by the board, fingerprints for the purpose of conducting a criminal history record check and for the purpose of undergoing a state and federal level criminal offender record information search conducted through the Department of Justice. (b) An applicant may elect to retire upon renewal or upon submission of an application to the board as required. (c) A retired licensee shall be exempt from continuing education requirements. (d) A retired licensee shall utilize their professional title only with the unabbreviated word “retired” directly preceding or directly following the professional title. (e) A retired licensee may provide nursing services to the public free of charge in any public health program created by federal, state, or local law or administered by a federal, state, county, or local governmental entity, if a licensed registered nurse or nurses provide adequate medical and nursing supervision. These services shall be limited to services that the retired licensee was permitted to perform under the licensee’s active license and that the licensee is competent to perform, as determined by the supervising licensed registered nurse. A retired licensee shall not engage in any activity that requires an active registered nurse or advanced practice registered nurse license. (f) The board may investigate potential violations or take action against a retired license for a violation of this chapter. For this purpose, a retired license is deemed a lapsed license as that term is used in Section 2764. (g) The board may reinstate a retired license to active status one time only, if the retired licensee fulfills the requirements for renewal of a license, including furnishing fingerprints, paying renewal fees, and providing evidence of the following, as applicable: (1) For a retired licensee who has been retired for eight years or less, 30 hours of continuing education taken within the previous two-year period. (2) For a retired licensee who has been retired for more than eight years, either a current valid active and clear registered nurse license in another state, a United States territory, or Canada, or passing the current examination for licensure. (h) The board, by regulation, may establish a fee for a retired license in an amount not less than one-half of the regular renewal fee. (Added by Stats. 2023, Ch. 449, Sec. 1. (AB 633) Effective January 1, 2024.)
  73. 2811.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    Nursing license renewals require proof of continuing education, and the board must set and enforce continuing-education standards.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. ) ## 2811.5. (a) Each person renewing their license under Section 2811 shall submit proof satisfactory to the board that, during the preceding two-year period, they have been informed of the developments in the registered nurse field or in any special area of practice engaged in by the licensee, occurring since the last renewal thereof, either by pursuing a course or courses of continuing education in the registered nurse field or relevant to the practice of the licensee, and approved by the board, or by other means deemed equivalent by the board. (b) Notwithstanding Section 10231.5 of the Government Code, the board, in compliance with Section 9795 of the Government Code, shall do the following: (1) By January 1, 2019, deliver a report to the appropriate legislative policy committees detailing a comprehensive plan for approving and disapproving continuing education opportunities. (2) By January 1, 2020, report to the appropriate legislative committees on its progress implementing this plan. (c) For purposes of this section, the board shall, by regulation, establish standards for continuing education. The standards shall be established in a manner to ensure that a variety of alternative forms of continuing education are available to licensees, including, but not limited to, online, academic studies, in-service education, institutes, seminars, lectures, conferences, workshops, extension studies, and home study programs. The standards shall take cognizance of specialized areas of practice, and content shall be relevant to the practice of nursing and shall be related to the scientific knowledge or technical skills required for the practice of nursing or be related to direct or indirect patient or client care. The continuing education standards established by the board shall not exceed 30 hours of direct participation in a course or courses approved by the board, or its equivalent in the units of measure adopted by the board. (d) The board shall audit continuing education providers at least once every five years to ensure adherence to regulatory requirements, and shall withhold or rescind approval from any provider that is in violation of the regulatory requirements. (e) The board shall encourage continuing education in spousal or partner abuse detection and treatment. In the event the board establishes a requirement for continuing education coursework in spousal or partner abuse detection or treatment, that requirement shall be met by each licensee within no more than four years from the date the requirement is imposed. (f) In establishing standards for continuing education, the board shall consider including a course in the special care needs of individuals and their families, including, but not limited to, all of the following: (1) Pain and symptom management, including palliative care. (2) The psychosocial dynamics of death. (3) Dying and bereavement. (4) Hospice care. (g) (1) In establishing standards for continuing education, the board shall consider including a course in menopausal mental or physical health. (2) In establishing standards for continuing education, the board shall consider including a course in maternal mental health. (h) This section shall not apply to licensees during the first two years immediately following their initial licensure in California or any other governmental jurisdiction, except that, beginning January 1, 2023, those licensees shall complete one hour of direct participation in an implicit bias course offered by a continuing education provider approved by the board that meets all the same requirements outlined in paragraph (1) of subdivision (f) of Section 2786, including, but not limited to, the identification of the licensees’ previous or current unconscious biases and misinformation and corrective measures to decrease implicit bias at the interpersonal and institutional levels, including ongoing policies and practices for that purpose. (i) The board may, in accordance with the intent of this section, make exceptions from continuing education requirements for licensees residing in another state or country, or for reasons of health, military service, or other good cause. (j) For the purpose of fulfilling the requirements of subdivision (a), the following apply: (1) A nurse practitioner who provides primary care to a patient population of which over 25 percent are 65 years of age or older shall certify that they have completed at least 20 percent of all existing mandatory continuing education hours in a course in the field of gerontology, the special care needs of patients with dementia, or the care of older patients at the time of renewal. (2) Beginning July 1, 2027, a nurse practitioner who provides care to a patient population composed of adult women under 65 years of age who completes one or more continuing education courses in perimenopause, menopause, or postmenopausal care shall receive two hours for each hour of a completed course, not to exceed six hours, if the following are met: (A) The course or course provider is accredited by one of the following: (i) American Nurses Credentialing Center. (ii) American Association of Nurse Practitioners. (iii) Accreditation Council for Continuing Medical Education. (iv) Joint Accreditation for Interprofessional Continuing Education. (v) The successor organization to an organization specified under this subparagraph. (B) If the course covers multiple topics, the additional hours are only granted for the hours specified by the course provider as covering perimenopause, menopause, or postmenopausal care. (Amended by Stats. 2026, Ch. 27, Sec. 4. (SB 164) Effective June 29, 2026.)
  74. 2811.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    Approved continuing education providers must make course records available for board inspection.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. ) ## 2811.6. Providers of continuing education programs approved by the board pursuant to Section 2811.5 shall make available for board inspection records of continuing education courses given to registered nurses. (Added by Stats. 1978, Ch. 167.)
  75. 2812.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board must report monthly collections to the State Controller within 10 days after each month begins, and all amounts must be paid into the State Treasury at the same time.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. ) ## 2812. Within 10 days after the beginning of each month, the board shall report to the State Controller the amount and source of all collections made under this chapter. At the same time, all amounts shall be paid into the State Treasury, where they shall be placed to the credit of the Board of Registered Nursing Fund and to the Registered Nurse Education Fund, as specified in Section 128400 of the Health and Safety Code. (Amended by Stats. 1996, Ch. 1023, Sec. 11. Effective September 29, 1996.)
  76. 2814.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    Money in the Board of Registered Nursing Fund may be used, after legislative appropriation, to carry out this chapter and promote nursing education in the state.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. ) ## 2814. All money in the Board of Registered Nursing Fund shall be available, upon appropriation by the Legislature, to carry out this chapter and the promotion of nursing education in this state. (Amended by Stats. 2017, Ch. 520, Sec. 8. (SB 799) Effective January 1, 2018.)
  77. 2815.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    This section sets the Board’s fee schedule for registered nurse licenses and related applications, renewals, certificates, and penalties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. ) ## 2815. Subject to the provisions of Section 128.5, the amount of the fees prescribed by this chapter in connection with the issuance of licenses for registered nurses under its provisions is that fixed by the following schedule: (a) (1) The fee to be paid upon the filing by a graduate of an approved school of nursing in this state of an application for a licensure by examination shall be fixed by the board at not more than one thousand dollars ($1,000). (2) The fee to be paid upon the filing by a graduate of a school of nursing in another state, district, or territory of the United States of an application for a licensure by examination shall be fixed by the board at not more than one thousand dollars ($1,000). (3) The fee to be paid upon the filing by a graduate of a school of nursing in another country of an application for a licensure by examination shall be fixed by the board at not more than one thousand five hundred dollars ($1,500). (4) The fee to be paid upon the filing of an application for licensure by a repeat examination shall be fixed by the board at not more than one thousand dollars ($1,000). (b) The fee to be paid for taking each examination shall be the actual cost to purchase an examination from a vendor approved by the board. (c) (1) The fee to be paid for application by a person who is licensed or registered as a nurse in another state, district, or territory of the United States for licensure by endorsement shall be fixed by the board at not more than one thousand dollars ($1,000). (2) The fee to be paid for application by a person who is licensed or registered as a nurse in another country for licensure by endorsement shall be fixed by the board at not more than one thousand five hundred dollars ($1,500). (d) (1) The biennial fee to be paid upon the filing of an application for renewal of the license shall be not more than seven hundred fifty dollars ($750). In addition, an assessment of ten dollars ($10) shall be collected and credited to the Registered Nurse Education Fund, pursuant to Section 2815.1. (2) The fee to be paid upon the filing of an application for reinstatement pursuant to subdivision (b) of Section 2811 shall be not more than one thousand dollars ($1,000). (e) The penalty fee for failure to renew a license within the prescribed time shall be fixed by the board at not more than 50 percent of the regular renewal fee, but not more than three hundred seventy-five dollars ($375). (f) The fee to be paid for approval of a continuing education provider shall be fixed by the board at not more than one thousand dollars ($1,000). (g) The biennial fee to be paid upon the filing of an application for renewal of provider approval shall be fixed by the board at not more than one thousand dollars ($1,000). (h) The penalty fee for failure to renew provider approval within the prescribed time shall be fixed at not more than 50 percent of the regular renewal fee, but not more than five hundred dollars ($500). (i) The penalty for submitting insufficient funds or fictitious check, draft or order on any bank or depository for payment of any fee to the board shall be fixed at not more than thirty dollars ($30). (j) The fee to be paid for an interim permit shall be fixed by the board at not more than two hundred fifty dollars ($250). (k) The fee to be paid for a temporary license shall be fixed by the board at not more than two hundred fifty dollars ($250). (l) The fee to be paid for processing endorsement papers to other states shall be fixed by the board at not more than two hundred dollars ($200). (m) The fee to be paid for a certified copy of a school transcript shall be fixed by the board at not more than one hundred dollars ($100). (n) (1) The fee to be paid for a duplicate pocket license shall be fixed by the board at not more than seventy-five dollars ($75). (2) The fee to be paid for a duplicate wall certificate shall be fixed by the board at not more than one hundred dollars ($100). (o) (1) The fee to be paid by a registered nurse for an evaluation of their qualifications to use the title “nurse practitioner” shall be fixed by the board at not more than one thousand five hundred dollars ($1,500). (2) The fee to be paid by a registered nurse for a temporary certificate to practice as a nurse practitioner shall be fixed by the board at not more than five hundred dollars ($500). (3) The fee to be paid upon the filing of an application for renewal of a certificate to practice as a nurse practitioner shall be not more than one thousand dollars ($1,000). (4) The penalty fee for failure to renew a certificate to practice as a nurse practitioner within the prescribed time shall be not more than five hundred dollars ($500). (p) The fee to be paid by a registered nurse for listing as a “psychiatric mental health nurse” shall be fixed by the board at not than seven hundred fifty dollars ($750). (q) The fee to be paid for duplicate National Council Licensure Examination for registered nurses (NCLEX-RN) examination results shall be not more than one hundred dollars ($100). (r) The fee to be paid for a letter certifying a license shall be not more than thirty dollars ($30). (s) The fee to be paid for a certificate issued pursuant to Section 2837.103 shall be an amount sufficient to cover the reasonable regulatory cost of issuing the certificate. (t) The fee to be paid for a certificate issued pursuant to Section 2837.104 shall be an amount sufficient to cover the reasonable regulatory cost of issuing the certificate. No further fee shall be required for a license or a renewal thereof other than as prescribed by this chapter. (Amended by Stats. 2022, Ch. 413, Sec. 16. (AB 2684) Effective January 1, 2023.)
  78. 2815.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The Board of Registered Nursing must collect an extra $10 assessment when biennial licensure is renewed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. ) ## 2815.1. As provided in subdivision (d) of Section 2815, the Board of Registered Nursing shall collect an additional ten dollar ($10) assessment at the time of the biennial licensure renewal. This amount shall be credited to the Registered Nurse Education Fund. This assessment is separate from those fees prescribed in Section 2815. (Amended by Stats. 2003, Ch. 640, Sec. 8. Effective January 1, 2004.)
  79. 2815.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board sets the fees for nurse-midwife certificates, renewals, an equivalency exam, and temporary certificates, with stated maximums and a late-renewal penalty fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. ) ## 2815.5. The amount of the fees prescribed by this chapter in connection with the issuance of certificates as nurse-midwives is that fixed by the following schedule: (a) The fee to be paid upon the filing of an application for a certificate shall be fixed by the board at not more than one thousand five hundred dollars ($1,500). (b) The biennial fee to be paid upon the application for a renewal of a certificate shall be fixed by the board at not more than one thousand dollars ($1,000). (c) The penalty fee for failure to renew a certificate within the prescribed time shall be 50 percent of the renewal fee in effect on the date of the renewal of the license, but not more than five hundred dollars ($500). (d) The fee to be paid upon the filing of an application for the nurse-midwife equivalency examination shall be fixed by the board at not more than two hundred dollars ($200). (e) The fee to be paid for a temporary certificate shall be fixed by the board at not more than five hundred dollars ($500). (Amended by Stats. 2022, Ch. 413, Sec. 17. (AB 2684) Effective January 1, 2023.)
  80. 2815.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. )

    Verify source ↗

    The board must report fee increases to legislative policy and fiscal committees, explain the reasons, and state what percentage of fee revenue will be used for investigational or enforcement activities.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6. Revenue [2810 - 2815.7] ( Article 6 added by Stats. 1939, Ch. 807. ) ## 2815.7. The board shall report to the appropriate policy and fiscal committees of each house of the Legislature whenever the board proposes or adopts an increase in any fee imposed pursuant to this chapter. The board shall specify the reasons for each fee increase and shall identify the percentage of the funds derived from an increase in any fee that will be used for investigational or enforcement related activities by the board. (Added by Stats. 1991, Ch. 352, Sec. 4.)
  81. 2816.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6.5. Public Health Nurse Certification [2816 - 2820] ( Article 6.5 repealed and added by Stats. 1992, Ch. 1135, Sec. 2.8. )

    Verify source ↗

    A registered nurse may be charged a nonrefundable evaluation fee for public health nurse title use, capped at $1,000, and the board must refund certain overpayments. A public health nurse certificate does not need renewal.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6.5. Public Health Nurse Certification [2816 - 2820] ( Article 6.5 repealed and added by Stats. 1992, Ch. 1135, Sec. 2.8. ) ## 2816. (a) The nonrefundable fee to be paid by a registered nurse for an evaluation of their qualifications to use the title “public health nurse” shall not be more than one thousand dollars ($1,000). All fees payable under this section shall be collected by and paid to the Board of Registered Nursing Fund. It is the intention of the Legislature that the costs of carrying out the purposes of this article shall be covered by the revenue collected pursuant to this section. The board shall refund any registered nurse who paid more than three hundred dollars ($300) for an evaluation of their qualifications to use the title “public health nurse” between April 5, 2018, and December 31, 2018. (b) A public health nurse certificate is not subject to renewal. (Amended by Stats. 2024, Ch. 717, Sec. 1.5. (AB 2471) Effective January 1, 2025.)
  82. 2817.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6.5. Public Health Nurse Certification [2816 - 2820] ( Article 6.5 repealed and added by Stats. 1992, Ch. 1135, Sec. 2.8. )

    Verify source ↗

    The board’s qualifications must require certain public health nurse applicants and public health nurses to get training in child abuse and neglect detection.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6.5. Public Health Nurse Certification [2816 - 2820] ( Article 6.5 repealed and added by Stats. 1992, Ch. 1135, Sec. 2.8. ) ## 2817. The qualifications prescribed by the board under this article shall include a requirement that an applicant for employment as a public health nurse and all public health nurses employed on or after January 1, 1981, acquire training in child abuse and neglect detection. (Repealed and added by Stats. 1992, Ch. 1135, Sec. 2.8. Effective January 1, 1993.)
  83. 2818.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6.5. Public Health Nurse Certification [2816 - 2820] ( Article 6.5 repealed and added by Stats. 1992, Ch. 1135, Sec. 2.8. )

    Verify source ↗

    Only people with a valid California public health nurse certificate may use the title “public health nurse,” and covered employers may not present uncertified employees that way.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6.5. Public Health Nurse Certification [2816 - 2820] ( Article 6.5 repealed and added by Stats. 1992, Ch. 1135, Sec. 2.8. ) ## 2818. (a) The Legislature recognizes that public health nursing is a service of crucial importance for the health, safety, and sanitation of the population in all of California’s communities. These services currently include, but are not limited to: (1) Control and prevention of communicable disease. (2) Promotion of maternal, child, and adolescent health. (3) Prevention of abuse and neglect of children, elders, and spouses. (4) Outreach screening, case management, resource coordination and assessment, and delivery and evaluation of care for individuals, families, and communities. (b) The Legislature also finds that conflicting definitions of “public health nurse” have been created by various state and local agencies within California. The Legislature also finds that the public is harmed by the conflicting usage of the title “public health nurse” and lack of consistency between the use of the term and the qualifications required in state law and in administrative regulations. Therefore, the Legislature finds that the public interest would be served by determining the conditions for the legitimate use by registered nurses of a title which includes the term “public health nurse.” (c) No individual shall hold himself or herself out as a public health nurse or use a title which includes the term “public health nurse” unless that individual is in possession of a valid California public health nurse certificate issued pursuant to this article. (d) No employer subject to regulation by Section 602 of the Health and Safety Code shall hold out any employee to be a public health nurse or grant a title to any employee including the term “public health nurse” unless that employee holds a valid California public health nurse certificate pursuant to this article. (Repealed and added by Stats. 1992, Ch. 1135, Sec. 2.8. Effective January 1, 1993.)
  84. 2819.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6.5. Public Health Nurse Certification [2816 - 2820] ( Article 6.5 repealed and added by Stats. 1992, Ch. 1135, Sec. 2.8. )

    Verify source ↗

    The State Department of Health Services must repeal specified regulations, and the board must adopt them in a new code chapter with references changed to the board. The repeal and adoption are exempt from the Administrative Procedure Act, but the revised regulations still must be filed with the Office of Administrative Law for publication.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6.5. Public Health Nurse Certification [2816 - 2820] ( Article 6.5 repealed and added by Stats. 1992, Ch. 1135, Sec. 2.8. ) ## 2819. In order to effect a speedy and efficient transfer of public health nurse certification from the State Department of Health Services to the board, existing Sections 4500 to 4504, inclusive, of Title 17 of the California Code of Regulations shall be repealed by the State Department of Health Services and adopted by the board to place them in Chapter 14 of Title 16 of the California Code of Regulations, and any reference to the State Department of Health Services in those regulations shall be changed to refer to the board. The repeal of the regulations and adoption of the revised regulations pursuant to this section shall be exempt from the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except that the repealed and adopted regulations shall be filed with the Office of Administrative Law for publication in the California Code of Regulations. (Repealed and added by Stats. 1992, Ch. 1135, Sec. 2.8. Effective January 1, 1993.)
  85. 2820.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6.5. Public Health Nurse Certification [2816 - 2820] ( Article 6.5 repealed and added by Stats. 1992, Ch. 1135, Sec. 2.8. )

    Verify source ↗

    This section says it does not expand a registered nurse’s scope of practice beyond what Section 2725 allows.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 6.5. Public Health Nurse Certification [2816 - 2820] ( Article 6.5 repealed and added by Stats. 1992, Ch. 1135, Sec. 2.8. ) ## 2820. Nothing in this article shall be construed as expanding the scope of practice of a registered nurse beyond that which is authorized under Section 2725. (Repealed and added by Stats. 1992, Ch. 1135, Sec. 2.8. Effective January 1, 1993.)
  86. 2825.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    This article may be cited as the Nurse Anesthetists Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2825. This article may be cited as the Nurse Anesthetists Act. (Added by Stats. 1983, Ch. 696, Sec. 7.)
  87. 2826.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    This section defines key nurse anesthetist terms and says the board must consider certain national or council standards when certifying, recertifying, or approving programs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2826. As used in this article: (a) “Nurse anesthetist” means a person who is a registered nurse licensed by the board who has met standards for certification from the board. In the certification and recertification process, the board shall consider the standards of the National Board of Certification and Recertification for Nurse Anesthetists, or a successor national professional organization approved by the board, and may develop new standards if there is a public safety need for standards more stringent than the councils’ standards. In determining the adequacy for public safety of the councils’ standards or in developing board standards, the board shall comply with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) “Accredited program” means a program for the education of nurse anesthetists that has received approval from the board. In the approval process, the board shall consider the standards of the Council on Accreditation of Nurse Anesthesia Education Programs and Schools and may develop new standards if the councils’ standards are determined to be inadequate for public safety. In determining the adequacy for public safety of the councils’ standards or in developing board standards, the board shall comply with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) “Anesthesia services” include all of the following: (1) Preoperative, intraoperative, and postoperative care and pain management provided by a nurse anesthetist for patients receiving anesthesia pursuant to an order by a physician, dentist, or podiatrist for anesthesia services. (2) Selecting and administering medication pursuant to an order for anesthesia services by a physician, dentist, or podiatrist. (3) Providing emergency, critical care, and resuscitation services. (d) “Appropriate committee” means the committee responsible for anesthesia practice that is responsible to the executive committee of the medical staff. (e) “Trainee” means a registered nurse enrolled in an accredited program of nurse anesthesia. (f) “Graduate” means a nurse anesthetist who is a graduate of an accredited program of nurse anesthesia awaiting initial certification results for not more than one year from the date of graduation. (Amended by Stats. 2025, Ch. 169, Sec. 1. (AB 876) Effective January 1, 2026.)
  88. 2826.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    A nurse anesthetist may perform anesthesia services.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2826.5. A nurse anesthetist is authorized to perform anesthesia services. (Added by Stats. 2025, Ch. 169, Sec. 2. (AB 876) Effective January 1, 2026.)
  89. 2826.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    A nurse anesthetist may select, implement, abort, or modify anesthesia for a specific patient when authorized by an order from a physician, dentist, or podiatrist.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2826.6. An order by a physician, dentist, or podiatrist for anesthesia services for a specific patient shall be the authorization for the nurse anesthetist to select and implement the modality of anesthesia for the patient and to abort or modify the modality of anesthesia for the patient during the course of care. (Added by Stats. 2025, Ch. 169, Sec. 3. (AB 876) Effective January 1, 2026.)
  90. 2826.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    A nurse anesthetist’s selection and administration of medication, including controlled substances, for specified care purposes and under a physician, dentist, or podiatrist order is not treated as a prescription.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2826.7. The selection and administration of medication by a nurse anesthetist, including controlled substances, for preoperative, intraoperative, and postoperative care and for pain management purposes pursuant to an order by a physician, dentist, or podiatrist shall not constitute a prescription, as that term is defined in Section 1300.01 of Title 21 of the Code of Federal Regulations. (Added by Stats. 2025, Ch. 169, Sec. 4. (AB 876) Effective January 1, 2026.)
  91. 2827.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    Using a nurse anesthetist for anesthesia services in an acute care facility needs approval from facility administration and the appropriate committee, and is subject to the physician’s, dentist’s, or podiatrist’s discretion. If a general anesthetic agent is given in a dental office, the dentist must hold the required permit.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2827. The utilization of a nurse anesthetist to provide anesthesia services in an acute care facility shall be approved by the acute care facility administration and the appropriate committee, and at the discretion of the physician, dentist or podiatrist. If a general anesthetic agent is administered in a dental office, the dentist shall hold a permit authorized by Article 2.7 (commencing with Section 1646) of Chapter 4 or, commencing January 1, 2022, Article 2.75 (commencing with Section 1646) of Chapter 4. (Amended by Stats. 2018, Ch. 929, Sec. 16. (SB 501) Effective January 1, 2019.)
  92. 2828.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    A nonemployee nurse anesthetist in an acute care facility must follow the facility’s bylaws, and the facility may require proof of current professional liability insurance.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2828. In an acute care facility, a nurse anesthetist who is not an employee of the facility shall, nonetheless, be subject to the bylaws of the facility and may be required by the facility to provide proof of current professional liability insurance coverage. Notwithstanding any other provision of law, a nurse anesthetist shall be responsible for their own professional conduct and may be held liable for those professional acts. (Amended by Stats. 2023, Ch. 510, Sec. 47. (SB 887) Effective January 1, 2024.)
  93. 2829.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    A person may not present themselves as a “nurse anesthetist” unless they meet Section 2826(a)’s requirements and are certified under this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2829. It is unlawful for any person or persons to advertise, use any title, sign, card, or device, or to otherwise hold himself or herself out as a “nurse anesthetist” unless the person meets the requirements of subdivision (a) of Section 2826 and has been so certified under the provisions of this article. (Added by Stats. 1983, Ch. 696, Sec. 7.)
  94. 2830.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    The board must issue a certificate to practice nurse anesthesia to a person who qualifies under this article and is licensed under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2830. The board shall issue a certificate to practice nurse anesthesia to any person who qualifies under this article and is licensed pursuant to the provisions of this chapter. (Added by Stats. 1983, Ch. 696, Sec. 7.)
  95. 2830.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    Every applicant must provide evidence satisfactory to the board that they meet this article’s requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2830.5. Every applicant shall show by evidence satisfactory to the board that he or she has met the requirements of this article. (Added by Stats. 1983, Ch. 696, Sec. 7.)
  96. 2830.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    The board must certify applicants who can show approved nurse anesthetist certification, and applicants must file proof within six months; the board must then issue a certificate within one year to timely filers.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2830.6. Notwithstanding Section 2830, the board shall certify all applicants who can show certification by the National Board of Certification and Recertification for Nurse Anesthetists or a successor national professional organization approved by the board. This certification shall be documented to the board in a manner to be determined by the board. Proof of certification shall be filed with the board within six months from the effective date of this article and the board shall, within one year from the effective date of this article, issue a certificate to applicants who have filed proof of certification within that six-month period. (Amended by Stats. 2023, Ch. 510, Sec. 48. (SB 887) Effective January 1, 2024.)
  97. 2830.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    The board sets nurse anesthetist certificate fees within specified minimum and maximum amounts, including application, renewal, penalty, and temporary certificate fees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2830.7. The amount of the fees prescribed by this chapter in connection with the issuance of certificates as nurse anesthetists is that fixed by the following schedule: (a) The fee to be paid upon the filing of an application for a certificate shall be fixed by the board at not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500). (b) The biennial fee to be paid upon the application for a renewal of a certificate shall be fixed by the board at not less than one hundred fifty dollars ($150) nor more than one thousand dollars ($1,000). (c) The penalty fee for failure to renew a certificate within the prescribed time shall be 50 percent of the renewal fee in effect on the date of the renewal of the license, but not less than seventy-five dollars ($75) nor more than five hundred dollars ($500). (d) The fee to be paid for a temporary certificate shall be fixed by the board at not less than one hundred fifty dollars ($150) nor more than five hundred dollars ($500). (Amended by Stats. 2016, Ch. 799, Sec. 20. (SB 1039) Effective January 1, 2017.)
  98. 2831.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    Applicants for certification under this article must file a written application in the form the board prescribes and pay the fee set by Section 2830.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2831. An applicant for certification pursuant to this article shall submit a written application in the form prescribed by the board, accompanied by the fee prescribed by Section 2830.7 which shall also apply to the issuance of a certificate under the provisions of this article. (Amended by Stats. 1991, Ch. 352, Sec. 5.)
  99. 2832.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    Applicants for a nurse anesthesia certificate must comply with all rules in this article and this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2832. Every applicant for a certificate to practice nurse anesthesia shall comply with all the provisions of this article in addition to the provisions of this chapter. (Added by Stats. 1983, Ch. 696, Sec. 7.)
  100. 2833.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    Nurse anesthetist certificates must be renewed every two years, and the holder must apply and pay the renewal fee by the birthday-based deadline. Unrenewed certificates expire, but they can be reinstated within eight years if the required fees are paid and proof of qualifications is provided.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2833. (a) Each certificate issued pursuant to this article shall be renewable biennially, and each person holding a certificate under this article shall apply for a renewal of their certificate and pay the biennial renewal fee required by Section 2830.7 every two years on or before the last day of the month following the month in which their birthday occurs, beginning with the second birthday following the date on which the certificate was issued, whereupon the board shall renew the certificate. (b) Each certificate not renewed in accordance with this section shall expire but may within a period of eight years thereafter be reinstated upon payment of the biennial renewal fee and penalty fee required by Section 2830.7 and upon submission of proof of the applicant’s qualifications as may be required by the board. During the eight-year period, no examination shall be required as a condition for the reinstatement of any expired certificate that has lapsed solely by reason of nonpayment of the renewable fee. After the expiration of the eight-year period the board may require, as a condition of reinstatement, that the applicant pass an examination as it deems necessary to determine their present fitness to resume the practice of nurse anesthesia. (Amended by Stats. 2023, Ch. 510, Sec. 49. (SB 887) Effective January 1, 2024.)
  101. 2833.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    This section says the article must not be read to limit a certified nurse anesthetist’s ability to practice nursing.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2833.3. Nothing in this article shall be construed to limit a certified nurse anesthetist’s ability to practice nursing. (Added by Stats. 1983, Ch. 696, Sec. 7.)
  102. 2833.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    A nurse anesthetist’s practice does not give authority to practice medicine or surgery, except as provided in Section 2725 and this section.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2833.5. Except as provided in Section 2725 and in this section, the practice of nurse anesthetist does not confer authority to practice medicine or surgery. (Added by Stats. 1983, Ch. 696, Sec. 7.)
  103. 2833.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. )

    Verify source ↗

    This section says it does not change a nurse anesthetist’s existing scope of practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 7. Nurse Anesthetists [2825 - 2833.6] ( Article 7 added by Stats. 1983, Ch. 696, Sec. 7. ) ## 2833.6. Nothing in this article shall be construed to restrict, expand, alter, or modify the existing scope of practice of, a nurse anesthetist and is declaratory of existing law and advisory opinion, including, but not limited to, California Society of Anesthesiologists v. Brown (2012) 204 Cal.App.4th 390. (Amended by Stats. 2025, Ch. 169, Sec. 5. (AB 876) Effective January 1, 2026.)
  104. 2834.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. )

    Verify source ↗

    The Legislature says nurse practitioners’ title use should be determined for registered nurses because conflicting definitions and title use are causing public harm.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. ) ## 2834. The Legislature finds that various and conflicting definitions of the nurse practitioner are being created by state agencies and private organizations within California. The Legislature also finds that the public is harmed by conflicting usage of the title of nurse practitioner and lack of correspondence between use of the title and qualifications of the registered nurse using the title. Therefore, the Legislature finds the public interest served by determination of the legitimate use of the title “nurse practitioner” by registered nurses. (Added by Stats. 1977, Ch. 439.)
  105. 2835.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. )

    Verify source ↗

    A person may not advertise or hold out as a nurse practitioner unless they are a nurse licensed under this chapter and meet the board’s standards.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. ) ## 2835. No person shall advertise or hold himself out as a “nurse practitioner” who is not a nurse licensed under this chapter and does not, in addition, meet the standards for a nurse practitioner established by the board. (Added by Stats. 1977, Ch. 439.)
  106. 2835.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. )

    Verify source ↗

    Some nurse practitioner applicants must meet three qualification requirements: hold an active registered nursing license, have a qualifying master’s or graduate degree in nursing, and complete a board-approved nurse practitioner program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. ) ## 2835.5. On and after January 1, 2008, an applicant for initial qualification or certification as a nurse practitioner under this article who has not been qualified or certified as a nurse practitioner in California or any other state shall meet the following requirements: (a) Hold a valid and active registered nursing license issued under this chapter. (b) Possess a master’s degree in nursing, a master’s degree in a clinical field related to nursing, or a graduate degree in nursing. (c) Satisfactorily complete a nurse practitioner program approved by the board. (Amended by Stats. 2015, Ch. 426, Sec. 31. (SB 800) Effective January 1, 2016.)
  107. 2835.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. )

    Verify source ↗

    A nurse practitioner may, through standardized procedures, order durable medical equipment, certify disability, and approve or change treatment or care plans, subject to stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. ) ## 2835.7. (a) Notwithstanding any other provision of law, in addition to any other practices that meet the general criteria set forth in statute or regulation for inclusion in standardized procedures developed through collaboration among administrators and health professionals, including physicians and surgeons and nurses, pursuant to Section 2725, standardized procedures may be implemented that authorize a nurse practitioner to do any of the following:(1) Order durable medical equipment, subject to any limitations set forth in the standardized procedures. Notwithstanding that authority, nothing in this paragraph shall operate to limit the ability of a third-party payer to require prior approval. (2) After performance of a physical examination by the nurse practitioner and collaboration with a physician and surgeon, certify disability pursuant to Section 2708 of the Unemployment Insurance Code. (3) For individuals receiving home health services or personal care services, after consultation with the treating physician and surgeon, approve, sign, modify, or add to a plan of treatment or plan of care. (b) Nothing in this section shall be construed to affect the validity of any standardized procedures in effect prior to the enactment of this section or those adopted subsequent to enactment. (Added by Stats. 2009, Ch. 308, Sec. 34. (SB 819) Effective January 1, 2010.)
  108. 2836.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. )

    Verify source ↗

    The board must set nurse practitioner categories and standards, and state regulations affecting nurse practitioner scope of practice must be developed with the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. ) ## 2836. (a) The board shall establish categories of nurse practitioners and standards for nurses to hold themselves out as nurse practitioners in each category. The standards shall take into account the types of advanced levels of nursing practice that are or may be performed and the clinical and didactic education, as outlined in the nurse practitioner curriculum core competencies specified in the National Organization of Nurse Practitioner Faculties’ Nurse Practitioner Role Core Competencies (2022), or a successor approved by the board, experience, or both, needed to practice safely at those levels. In setting the standards, the board shall consult with nurse practitioners, physicians and surgeons with expertise in the nurse practitioner field, and health care organizations using nurse practitioners. Established standards shall apply to persons without regard to the date of meeting the standards. If the board sets standards for use of nurse practitioner titles that include completion of an academically affiliated program, it shall provide equivalent standards for registered nurses who have not completed the program. (b) Any regulations promulgated by a state department that affect the scope of practice of a nurse practitioner shall be developed in consultation with the board. (Amended by Stats. 2023, Ch. 510, Sec. 50. (SB 887) Effective January 1, 2024.)
  109. 2836.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. )

    Verify source ↗

    A nurse practitioner may furnish or order drugs or devices only under specified procedures, approvals, and supervision conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. ) ## 2836.1. Neither this chapter nor any other provision of law shall be construed to prohibit a nurse practitioner from furnishing or ordering drugs or devices when all of the following apply: (a) The drugs or devices are furnished or ordered by a nurse practitioner in accordance with standardized procedures or protocols developed by the nurse practitioner and the supervising physician and surgeon when the drugs or devices furnished or ordered are consistent with the practitioner’s educational preparation or for which clinical competency has been established and maintained. (b) The nurse practitioner is functioning pursuant to standardized procedure, as defined by Section 2725, or protocol. The standardized procedure or protocol shall be developed and approved by the supervising physician and surgeon, the nurse practitioner, and the facility administrator or the designee. (c) (1) The standardized procedure or protocol covering the furnishing of drugs or devices shall specify which nurse practitioners may furnish or order drugs or devices, which drugs or devices may be furnished or ordered, under what circumstances, the extent of physician and surgeon supervision, the method of periodic review of the nurse practitioner’s competence, including peer review, and review of the provisions of the standardized procedure. (2) In addition to the requirements in paragraph (1), for Schedule II controlled substance protocols, the provision for furnishing Schedule II controlled substances shall address the diagnosis of the illness, injury, or condition for which the Schedule II controlled substance is to be furnished. (d) The furnishing or ordering of drugs or devices by a nurse practitioner occurs under physician and surgeon supervision. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but does include (1) collaboration on the development of the standardized procedure, (2) approval of the standardized procedure, and (3) availability by telephonic contact at the time of patient examination by the nurse practitioner. (e) For purposes of this section, no physician and surgeon shall supervise more than four nurse practitioners at one time. (f) (1) Drugs or devices furnished or ordered by a nurse practitioner may include Schedule II through Schedule V controlled substances under the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code) and shall be further limited to those drugs agreed upon by the nurse practitioner and physician and surgeon and specified in the standardized procedure. (2) When Schedule II or III controlled substances, as defined in Sections 11055 and 11056, respectively, of the Health and Safety Code, are furnished or ordered by a nurse practitioner, the controlled substances shall be furnished or ordered in accordance with a patient-specific protocol approved by the treating or supervising physician. A copy of the section of the nurse practitioner’s standardized procedure relating to controlled substances shall be provided, upon request, to any licensed pharmacist who dispenses drugs or devices, when there is uncertainty about the nurse practitioner furnishing the order. (g) (1) The board has certified in accordance with Section 2836.3 that the nurse practitioner has satisfactorily completed a course in pharmacology covering the drugs or devices to be furnished or ordered under this section. (2) A physician and surgeon may determine the extent of supervision necessary pursuant to this section in the furnishing or ordering of drugs and devices. (3) Nurse practitioners who are certified by the board and hold an active furnishing number, who are authorized through standardized procedures or protocols to furnish Schedule II controlled substances, and who are registered with the United States Drug Enforcement Administration, shall complete, as part of their continuing education requirements, a course including Schedule II controlled substances, and the risks of addiction associated with their use, based on the standards developed by the board. The board shall establish the requirements for satisfactory completion of this subdivision. (h) Use of the term “furnishing” in this section, in health facilities defined in Section 1250 of the Health and Safety Code, shall include (1) the ordering of a drug or device in accordance with the standardized procedure and (2) transmitting an order of a supervising physician and surgeon. (i) “Drug order” or “order” for purposes of this section means an order for medication which is dispensed to or for an ultimate user, issued by a nurse practitioner as an individual practitioner, within the meaning of Section 1306.02 of Title 21 of the Code of Federal Regulations. Notwithstanding any other provision of law, (1) a drug order issued pursuant to this section shall be treated in the same manner as a prescription of the supervising physician; (2) all references to “prescription” in this code and the Health and Safety Code shall include drug orders issued by nurse practitioners; and (3) the signature of a nurse practitioner on a drug order issued in accordance with this section shall be deemed to be the signature of a prescriber for purposes of this code and the Health and Safety Code. (Amended by Stats. 2018, Ch. 693, Sec. 8. (SB 1109) Effective January 1, 2019.)
  110. 2836.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. )

    Verify source ↗

    Nurse practitioners authorized under Section 2836.1 who furnish or issue drug orders for controlled substances must register with the U.S. Drug Enforcement Administration.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. ) ## 2836.2. Furnishing or ordering of drugs or devices by nurse practitioners is defined to mean the act of making a pharmaceutical agent or agents available to the patient in strict accordance with a standardized procedure. All nurse practitioners who are authorized pursuant to Section 2836.1 to furnish or issue drug orders for controlled substances shall register with the United States Drug Enforcement Administration. (Amended by Stats. 2011, Ch. 350, Sec. 20. (SB 943) Effective January 1, 2012.)
  111. 2836.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. )

    Verify source ↗

    Nurse practitioners may furnish drugs or devices only after the board issues a furnishing number; the board can charge fees, renew the number at RN license renewal, and discipline numbers for incompetence or gross negligence.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. ) ## 2836.3. (a) The furnishing of drugs or devices by nurse practitioners is conditional on issuance by the board of a number to the nurse applicant who has successfully completed the requirements of subdivision (g) of Section 2836.1. The board may issue a furnishing number upon initial application and, if approved by the board, the applicant shall not be required to make a separate application. The number shall be included on all transmittals of orders for drugs or devices by the nurse practitioner. The board shall make the list of numbers issued available to the Board of Pharmacy. The board may charge the applicant a fee to cover all necessary costs to implement this section, that shall be not more than one thousand five hundred dollars ($1,500) for an initial application, nor more than one thousand dollars ($1,000) for an application for renewal. The board may charge a penalty fee for failure to renew a furnishing number within the prescribed time that shall be not more than five hundred dollars ($500). (b) The number shall be renewable at the time of the applicant’s registered nurse license renewal. (c) The board may revoke, suspend, or deny issuance of the numbers for incompetence or gross negligence in the performance of functions specified in Sections 2836.1 and 2836.2. (Amended by Stats. 2022, Ch. 413, Sec. 18. (AB 2684) Effective January 1, 2023.)
  112. 2836.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. )

    Verify source ↗

    A nurse practitioner may furnish or order buprenorphine if the act is done in compliance with the listed federal requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. ) ## 2836.4. Neither this chapter nor any other provision of law shall be construed to prohibit a nurse practitioner from furnishing or ordering buprenorphine when done in compliance with the provisions of the Comprehensive Addiction Recovery Act (Public Law 114-198), as enacted on July 22, 2016, including the following: (a) The requirement that the nurse practitioner complete not fewer than 24 hours of initial training provided by an organization listed in sub-subclause (aa) of subclause (II) of clause (iv) of subparagraph (G) of paragraph (2) of subdivision (g) of Section 823 of Title 21 of the United States Code, or any other organization that the United States Secretary of Health and Human Services determines is appropriate for the purposes of that sub-subclause, that addresses the following: (1) Opioid maintenance and detoxification. (2) Appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of opioid use disorder. (3) Initial and periodic patient assessments, including substance use monitoring. (4) Individualized treatment planning, overdose reversal, and relapse prevention. (5) Counseling and recovery support services. (6) Staffing roles and considerations. (7) Diversion control. (8) Other best practices, as identified by the United States Secretary of Health and Human Services. (b) The alternative requirement that the nurse practitioner have other training or experience that the United States Secretary of Health and Human Services determines will demonstrate the ability of the nurse practitioner to treat and manage opiate-dependent patients. (c) The requirement that the nurse practitioner be supervised by, or work in collaboration with, a licensed physician and surgeon. (Added by Stats. 2017, Ch. 242, Sec. 1. (SB 554) Effective January 1, 2018.)
  113. 2836.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. )

    Verify source ↗

    When setting continuing education requirements, the board must consider adding a course on infection-associated chronic conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. ) ## 2836.5. In determining its continuing education requirements, the board shall consider including a course in infection-associated chronic conditions, including, but not limited to, long COVID, as defined by the United States Department of Health and Human Services, myalgic encephalomyelitis, and dysautonomia. (Added by Stats. 2024, Ch. 433, Sec. 3. (AB 3119) Effective January 1, 2025.)
  114. 2837.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. )

    Verify source ↗

    This section says the article cannot be used to limit the current scope of practice of an authorized registered nurse.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8. Nurse Practitioners [2834 - 2837] ( Article 8 added by Stats. 1977, Ch. 439. ) ## 2837. Nothing in this article shall be construed to limit the current scope of practice of a registered nurse authorized pursuant to this chapter. (Added by Stats. 1977, Ch. 439.)
  115. 2837.100.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8.5. Advanced Practice Registered Nurses [2837.100 - 2837.105] ( Article 8.5 added by Stats. 2020, Ch. 265, Sec. 4. )

    Verify source ↗

    The Legislature states that the article’s requirements should not create an undue or unnecessary burden on licensure or practice, and should use the least restrictive education, training, and testing needed for competent practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8.5. Advanced Practice Registered Nurses [2837.100 - 2837.105] ( Article 8.5 added by Stats. 2020, Ch. 265, Sec. 4. ) ## 2837.100. It is the intent of the Legislature that the requirements under this article shall not be an undue or unnecessary burden to licensure or practice. The requirements are intended to ensure the new category of licensed nurse practitioners has the least restrictive amount of education, training, and testing necessary to ensure competent practice. (Added by Stats. 2020, Ch. 265, Sec. 4. (AB 890) Effective January 1, 2021.)
  116. 2837.101.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8.5. Advanced Practice Registered Nurses [2837.100 - 2837.105] ( Article 8.5 added by Stats. 2020, Ch. 265, Sec. 4. )

    Verify source ↗

    The board must adopt regulations setting minimum standards for transition to practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8.5. Advanced Practice Registered Nurses [2837.100 - 2837.105] ( Article 8.5 added by Stats. 2020, Ch. 265, Sec. 4. ) ## 2837.101. For purposes of this article, the following terms have the following meanings: (a) “Committee” means the Nurse Practitioner Advisory Committee. (b) “Standardized procedures” has the same meaning as that term is defined in Section 2725. (c) “Transition to practice” means additional clinical experience and mentorship provided to prepare a nurse practitioner to practice independently. “Transition to practice” includes, but is not limited to, managing a panel of patients, working in a complex health care setting, interpersonal communication, interpersonal collaboration and team-based care, professionalism, and business management of a practice. The board shall, by regulation, define minimum standards for transition to practice. For purposes of the transition to practice: (1) Clinical experience shall not be limited to experience in a single category that a nurse practitioner may practice in pursuant to Section 2836. (2) Clinical experience may include experience obtained before January 1, 2021, but clinical experience obtained before a person is certified by the board as a nurse practitioner shall not be included. (Amended by Stats. 2024, Ch. 481, Sec. 9. (SB 1451) Effective January 1, 2025.)
  117. 2837.102.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8.5. Advanced Practice Registered Nurses [2837.100 - 2837.105] ( Article 8.5 added by Stats. 2020, Ch. 265, Sec. 4. )

    Verify source ↗

    The board must create a Nurse Practitioner Advisory Committee, and the committee must advise the board on nurse practitioner matters and provide guidance when discipline is being considered.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8.5. Advanced Practice Registered Nurses [2837.100 - 2837.105] ( Article 8.5 added by Stats. 2020, Ch. 265, Sec. 4. ) ## 2837.102. (a) The board shall establish a Nurse Practitioner Advisory Committee to advise and make recommendations to the board on all matters relating to nurse practitioners, including, but not limited to, education, appropriate standard of care, and other matters specified by the board. The committee shall provide recommendations or guidance to the board when the board is considering disciplinary action against a nurse practitioner. (b) The committee shall consist of four qualified nurse practitioners, two physicians and surgeons with demonstrated experience working with nurse practitioners, and one public member. (Added by Stats. 2020, Ch. 265, Sec. 4. (AB 890) Effective January 1, 2021.)
  118. 2837.103.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8.5. Advanced Practice Registered Nurses [2837.100 - 2837.105] ( Article 8.5 added by Stats. 2020, Ch. 265, Sec. 4. )

    Verify source ↗

    This section lets a qualified nurse practitioner perform specified functions and practice in listed settings without standardized procedures, but only if the nurse practitioner meets the stated requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8.5. Advanced Practice Registered Nurses [2837.100 - 2837.105] ( Article 8.5 added by Stats. 2020, Ch. 265, Sec. 4. ) ## 2837.103. (a) (1) Notwithstanding any other law, a nurse practitioner may perform the functions specified in subdivision (c) pursuant to that subdivision, in a setting or organization specified in paragraph (2) pursuant to that paragraph, if the nurse practitioner has successfully satisfied the following requirements: (A) Passed a national nurse practitioner board certification examination and, if applicable, any supplemental examination developed pursuant to paragraph (4) of subdivision (a) of Section 2837.105. (B) Holds a certification as a nurse practitioner from a national certifying body accredited by the National Commission for Certifying Agencies or the American Board of Nursing Specialties and recognized by the board. (C) Provides documentation that educational training was consistent with standards established by the board pursuant to Section 2836 and any applicable regulations as they specifically relate to requirements for clinical practice hours. Online educational programs that do not include mandatory clinical hours shall not meet this requirement. (D) Has completed a transition to practice in California of a minimum of three full-time equivalent years of practice or 4600 hours. A nurse practitioner who has been practicing as a nurse practitioner in direct patient care for a minimum of three full-time equivalent years or 4,600 hours within the last five years, as indicated on the application, may be deemed to have satisfied this requirement. For purposes of this subparagraph: (i) Proof of completion of one transition to practice shall be provided to the board, on a form prescribed by the board, as an attestation from either a licensed physician and surgeon, a certified nurse practitioner practicing pursuant to this section, or a certified nurse practitioner practicing pursuant to Section 2837.104. (ii) A licensed physician and surgeon or a certified nurse practitioner who attests to the completion of a transition to practice is not required to specialize in the same category as the applicant pursuant to Section 2836. (iii) A licensed physician and surgeon or a certified nurse practitioner practicing pursuant to this section or Section 2837.104 who attests to the completion of a transition to practice is not required to verify competence, clinical expertise, or any other standards related to the practice of the applicant and shall only attest to the completion of the transition to practice, as defined in Section 2837.101. (iv) A licensed physician and surgeon or a certified nurse practitioner practicing pursuant to this section or Section 2837.104 who attests to the completion of a transition to practice shall not be subject to civil, criminal, administrative, disciplinary, employment, credentialing, professional discipline, contractual liability, or medical staff action, sanction, or penalty or other liability for providing an attestation or refusing to provide an attestation pursuant to this section unless the attestation was produced fraudulently. (2) A nurse practitioner who meets all of the requirements of paragraph (1) may practice, including, but not limited to, performing the functions authorized pursuant to subdivision (c), in one of the following settings or organizations in which one or more physicians and surgeons practice with the nurse practitioner without standardized procedures: (A) A clinic, as defined in Section 1200 of the Health and Safety Code. (B) A health facility, as defined in Section 1250 of the Health and Safety Code, except for the following: (i) A correctional treatment center, as defined in paragraph (1) of subdivision (j) of Section 1250 of the Health and Safety Code. (ii) A state hospital, as defined in Section 4100 of the Welfare and Institutions Code. (C) A facility described in Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code. (D) A medical group practice, including a professional medical corporation, as defined in Section 2406, another form of corporation controlled by physicians and surgeons, a medical partnership, a medical foundation exempt from licensure, or another lawfully organized group of physicians and surgeons that provides health care services. (E) A home health agency, as defined in Section 1727 of the Health and Safety Code. (F) A hospice facility licensed pursuant to Chapter 8.5 (commencing with Section 1745) of Division 2 of the Health and Safety Code. (3) In health care agencies that have governing bodies, as defined in Division 5 of Title 22 of the California Code of Regulations, including, but not limited to, Sections 70701 and 70703 of Title 22 of the California Code of Regulations, the following apply: (A) A nurse practitioner shall adhere to all applicable bylaws. (B) A nurse practitioner shall be eligible to serve on medical staff and hospital committees. (C) A nurse practitioner shall be eligible to attend meetings of the department to which the nurse practitioner is assigned. A nurse practitioner shall not vote at department, division, or other meetings unless the vote is regarding the determination of nurse practitioner privileges with the organization, peer review of nurse practitioner clinical practice, whether a licensee’s employment is in the best interest of the communities served by a hospital pursuant to Section 2401, or the vote is otherwise allowed by the applicable bylaws. (b) An entity described in subparagraphs (A) to (F), inclusive, of paragraph (2) of subdivision (a) shall not interfere with, control, or otherwise direct the professional judgment of a nurse practitioner functioning pursuant to this section in a manner prohibited by Section 2400 or any other law. (c) In addition to any other practices authorized by law, a nurse practitioner who meets the requirements of paragraph (1) of subdivision (a) may perform the following functions without standardized procedures in accordance with their education and training: (1) Conduct an advanced assessment. (2) (A) Order, perform, and interpret diagnostic procedures. (B) For radiologic procedures, a nurse practitioner can order diagnostic procedures and utilize the findings or results in treating the patient. A nurse practitioner may perform or interpret clinical laboratory procedures that they are permitted to perform under Section 1206 and under the federal Clinical Laboratory Improvement Act (CLIA). (3) Establish primary and differential diagnoses. (4) Prescribe, order, administer, dispense, procure, and furnish therapeutic measures, including, but not limited to, the following: (A) Diagnose, prescribe, and institute therapy or referrals of patients to health care agencies, health care providers, and community resources. (B) Prescribe, administer, dispense, and furnish pharmacological agents, including over-the-counter, legend, and controlled substances. (C) Plan and initiate a therapeutic regimen that includes ordering and prescribing nonpharmacological interventions, including, but not limited to, durable medical equipment, medical devices, nutrition, blood and blood products, and diagnostic and supportive services, including, but not limited to, home health care, hospice, and physical and occupational therapy. (5) After performing a physical examination, certify disability pursuant to Section 2708 of the Unemployment Insurance Code. (6) Delegate tasks to a medical assistant pursuant to Sections 1206.5, 2069, 2070, and 2071, and Article 2 (commencing with Section 1366) of Chapter 3 of Division 13 of Title 16 of the California Code of Regulations. (d) A nurse practitioner practicing under this section and not working under standardized procedures shall inform all new patients in a language understandable to the patient that a nurse practitioner is not a physician and surgeon. (e) A nurse practitioner shall not be required to tell a patient the patient has a right to see a physician and surgeon. (f) A nurse practitioner practicing under this section and not working under standardized procedures shall post a notice in a conspicuous location accessible to public view that the nurse practitioner is regulated by the Board of Registered Nursing. The notice shall include the board’s telephone number and the internet website where the nurse practitioner’s license may be checked and complaints against the nurse practitioner may be made. (g) A nurse practitioner shall refer a patient to a physician and surgeon or other licensed health care provider if a situation or condition of a patient is beyond the scope of the education and training of the nurse practitioner. (h) A nurse practitioner practicing under this section shall have professional liability insurance appropriate for the practice setting. (i) Any health care setting operated by the Department of Corrections and Rehabilitation is exempt from this section. (Amended by Stats. 2024, Ch. 481, Sec. 10. (SB 1451) Effective January 1, 2025.)
  119. 2837.103.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8.5. Advanced Practice Registered Nurses [2837.100 - 2837.105] ( Article 8.5 added by Stats. 2020, Ch. 265, Sec. 4. )

    Verify source ↗

    A nurse practitioner’s authority to prescribe, order, dispense, procure, and furnish pharmacological agents is conditional, and the board must set completion requirements for the Schedule II-related course. The section also says nurse practitioners covered by Sections 2837.103 or 2837.104 are not required to practice under standardized procedures or physician supervision.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8.5. Advanced Practice Registered Nurses [2837.100 - 2837.105] ( Article 8.5 added by Stats. 2020, Ch. 265, Sec. 4. ) ## 2837.103.5. (a) Notwithstanding paragraph (1) of subdivision (a) of Section 2837.103, the authority for a nurse practitioner to prescribe, order, dispense, procure, and furnish pharmacological agents pursuant to subparagraph (B) of paragraph (4) of subdivision (c) of Section 2837.103 is conditional on all of the following: (1) The issuance of a furnishing number by the board pursuant to Section 2836.3. (2) If prescribing, ordering, dispensing, procuring, or furnishing controlled substances, registration with the United States Drug Enforcement Administration. (3) If prescribing, ordering, dispensing, procuring, or furnishing Schedule II controlled substances, as part of their continuing education requirements, completion of a course including Schedule II controlled substances, and the risks of addiction associated with their use, based on the standards developed by the board. The board shall establish the requirements for satisfactory completion of this paragraph. (b) This section shall not be construed to require a nurse practitioner practicing pursuant to Sections 2837.103 or 2837.104 to practice under standardized procedures or physician supervision. (Added by Stats. 2022, Ch. 413, Sec. 19. (AB 2684) Effective January 1, 2023.)
  120. 2837.104.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8.5. Advanced Practice Registered Nurses [2837.100 - 2837.105] ( Article 8.5 added by Stats. 2020, Ch. 265, Sec. 4. )

    Verify source ↗

    This section lets an eligible nurse practitioner perform certain functions outside specified settings, while requiring consultation, referral planning, patient notices, and liability insurance.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8.5. Advanced Practice Registered Nurses [2837.100 - 2837.105] ( Article 8.5 added by Stats. 2020, Ch. 265, Sec. 4. ) ## 2837.104. (a) Beginning January 1, 2023, notwithstanding any other law, the following apply to a nurse practitioner who holds an active certification issued by the board pursuant to subdivision (b): (1) The nurse practitioner may perform the functions specified in subdivision (c) of Section 2837.103 pursuant to that subdivision outside of the settings or organizations specified under subparagraphs (A) to (F), inclusive, of paragraph (2) of subdivision (a) of Section 2837.103. (2) Subject to subdivision (g) and any applicable conflict of interest policies of the bylaws, the nurse practitioner shall be eligible for membership of an organized medical staff. (3) Subject to subdivision (g) and any applicable conflict of interest policies of the bylaws, a nurse practitioner member may vote at meetings of the department to which nurse practitioners are assigned. (b) The board shall issue a certificate to perform the functions specified in subdivision (c) of Section 2837.103 pursuant to that subdivision outside of the settings and organizations specified under subparagraphs (A) to (F), inclusive, of paragraph (2) of subdivision (a) of Section 2837.103, if the nurse practitioner satisfies all of the following requirements: (1) Meets all of the requirements specified in paragraph (1) of subdivision (a) of Section 2837.103. (2) Holds a valid and active license as a registered nurse in California and a master’s degree in nursing or in a clinical field related to nursing or a doctoral degree in nursing. (3) Has practiced as a nurse practitioner in good standing for at least three years, not inclusive of the transition to practice required pursuant to subparagraph (D) of paragraph (1) of subdivision (a) of Section 2837.103. The board may, at its discretion, lower this requirement for a nurse practitioner holding a Doctorate of Nursing Practice degree (DNP) based on practice experience gained in the course of doctoral education experience. (c) A nurse practitioner authorized to practice pursuant to this section shall comply with all of the following: (1) The nurse practitioner, consistent with applicable standards of care, shall not practice beyond the scope of their clinical and professional education and training, including specific areas of concentration and shall only practice within the limits of their knowledge and experience and national certification. (2) The nurse practitioner shall consult and collaborate with other healing arts providers based on the clinical condition of the patient to whom health care is provided. Physician consultation shall be obtained as specified in the individual protocols and under the following circumstances: (A) Emergent conditions requiring prompt medical intervention after initial stabilizing care has been started. (B) Problem which is not resolving as anticipated after an ongoing evaluation and management of the situation. (C) History, physical, or lab findings inconsistent with the clinical perspective. (D) Upon request of patient. (3) Nurse practitioner consultation with a physician and surgeon alone shall not create a physician-patient relationship. The nurse practitioner shall be solely responsible for the services they provide. (4) The nurse practitioner shall establish a plan for referral of complex medical cases and emergencies to a physician and surgeon or other appropriate healing arts providers. The nurse practitioner shall have an identified referral plan specific to the practice area, that includes specific referral criteria. The referral plan shall address the following: (A) Whenever situations arise which go beyond the competence, scope of practice, or experience of the nurse practitioner. (B) Whenever patient conditions fail to respond or the patient is acutely decompensating in a manner that is not consistent with the progression of the disease and corresponding treatment plan. (C) Any patient with a rare condition. (D) Any patient conditions that do not fit the commonly accepted diagnostic pattern for a disease or disorder. (E) All emergency situations after initial stabilizing care has been started. (d) A nurse practitioner practicing under this section and not working under standardized procedures shall inform all new patients in a language understandable to the patient that a nurse practitioner is not a physician and surgeon. (e) A nurse practitioner practicing under this section and not working under standardized procedures shall not be required by the board to tell a patient that the patient has a right to see a physician and surgeon. (f) A nurse practitioner practicing under this section and not working under standardized procedures shall post a notice in a conspicuous location accessible to public view that the nurse practitioner is regulated by the Board of Registered Nursing. The notice shall include the board’s telephone number and internet website where the nurse practitioner’s license may be checked and complaints against the nurse practitioner may be made. (g) A nurse practitioner practicing pursuant to this section shall maintain professional liability insurance appropriate for the practice setting. (h) For purposes of this section, corporations and other artificial legal entities shall have no professional rights, privileges, or powers. (i) Subdivision (h) shall not apply to a nurse practitioner if either of the following applies: (1) The certificate issued pursuant to this section is inactive, surrendered, revoked, or otherwise restricted by the board. (2) The nurse practitioner is employed pursuant to the exemptions under Section 2401. (Amended by Stats. 2024, Ch. 481, Sec. 11. (SB 1451) Effective January 1, 2025.)
  121. 2837.105.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8.5. Advanced Practice Registered Nurses [2837.100 - 2837.105] ( Article 8.5 added by Stats. 2020, Ch. 265, Sec. 4. )

    Verify source ↗

    The board must request an occupational analysis, compare it with the nurse practitioner certification exam, and develop a supplemental exam if gaps are found.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 8.5. Advanced Practice Registered Nurses [2837.100 - 2837.105] ( Article 8.5 added by Stats. 2020, Ch. 265, Sec. 4. ) ## 2837.105. (a) (1) The board shall request the department’s Office of Professional Examination Services, or an equivalent organization, to perform an occupational analysis of nurse practitioners performing the functions specified in subdivision (c) of Section 2837.103 pursuant to that subdivision. (2) The board, together with the Office of Professional Examination Services, shall assess the alignment of the competencies tested in the national nurse practitioner certification examination required by subparagraph (A) of paragraph (1) of subdivision (a) of Section 2837.103 with the occupational analysis performed according to paragraph (1). This paragraph shall not apply to a national nurse practitioner certification examination discontinued before January 1, 2017. (3) The occupational analysis shall be completed by January 1, 2023. (4) If the assessment performed according to paragraph (2) identifies additional competencies necessary to perform the functions specified in subdivision (c) of Section 2837.103 pursuant to that subdivision that are not sufficiently validated by the national nurse practitioner board certification examination required by subparagraph (A) of paragraph (1) of subdivision (a) of Section 2837.103, the board shall identify and develop a supplemental exam that properly validates identified competencies. (b) The examination process shall be regularly reviewed pursuant to Section 139. (Amended by Stats. 2024, Ch. 481, Sec. 12. (SB 1451) Effective January 1, 2025.)
  122. 2838.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 9. Clinical Nurse Specialists [2838 - 2838.4] ( Article 9 added by Stats. 1997, Ch. 159, Sec. 3. )

    Verify source ↗

    A person may not advertise or present themself as a “clinical nurse specialist” unless they are licensed under this chapter and meet the board’s standards.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 9. Clinical Nurse Specialists [2838 - 2838.4] ( Article 9 added by Stats. 1997, Ch. 159, Sec. 3. ) ## 2838. No person shall advertise or hold himself or herself out as a “clinical nurse specialist” unless he or she is a nurse licensed under this chapter, and meets the standards for a clinical nurse specialist established by the board. (Added by Stats. 1997, Ch. 159, Sec. 3. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 2838.3.)
  123. 2838.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 9. Clinical Nurse Specialists [2838 - 2838.4] ( Article 9 added by Stats. 1997, Ch. 159, Sec. 3. )

    Verify source ↗

    A registered nurse who wants to hold themself out as a clinical nurse specialist must submit required education and credential information to the board before the next license renewal or an initial license is issued; if qualified, the board must note that status on the license and issue a certificate.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 9. Clinical Nurse Specialists [2838 - 2838.4] ( Article 9 added by Stats. 1997, Ch. 159, Sec. 3. ) ## 2838.1. (a) On and after July 1, 1998, any registered nurse who holds themselves out as a clinical nurse specialist or who desires to hold themselves out as a clinical nurse specialist shall, within the time prescribed by the board and before their next license renewal or the issuance of an initial license, submit their education, experience, and other credentials, and any other information required by the board to determine that the person qualifies to use the title “clinical nurse specialist.” (b) Upon finding that a person is qualified to hold themselves out as a clinical nurse specialist, the board shall appropriately indicate on the license issued or renewed that the person is qualified to use the title “clinical nurse specialist.” The board shall also issue to each qualified person a certificate indicating that the person is qualified to use the title “clinical nurse specialist.” (Amended by Stats. 2023, Ch. 510, Sec. 51. (SB 887) Effective January 1, 2024.)
  124. 2838.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 9. Clinical Nurse Specialists [2838 - 2838.4] ( Article 9 added by Stats. 1997, Ch. 159, Sec. 3. )

    Verify source ↗

    This section defines a clinical nurse specialist, lets the board set categories and standards, and sets application, temporary certificate, renewal, and late-renewal fees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 9. Clinical Nurse Specialists [2838 - 2838.4] ( Article 9 added by Stats. 1997, Ch. 159, Sec. 3. ) ## 2838.2. (a) A clinical nurse specialist is a registered nurse with advanced education, who participates in expert clinical practice, education, research, consultation, and clinical leadership as the major components of their role. (b) The board may establish categories of clinical nurse specialists and the standards required to be met for nurses to hold themselves out as clinical nurse specialists in each category. The standards shall take into account the types of advanced levels of nursing practice that are or may be performed and the clinical and didactic education, experience, or both needed to practice safety at those levels. In setting the standards, the board shall consult with clinical nurse specialists, physicians and surgeons appointed by the Medical Board of California with expertise with clinical nurse specialists, and health care organizations that use clinical nurse specialists. (c) A registered nurse who meets one of the following requirements may apply to become a clinical nurse specialist: (1) Possession of a master’s degree in a clinical field of nursing. (2) Possession of a master’s degree in a clinical field related to nursing with coursework in the components referred to in subdivision (a). (3) On or before July 1, 1998, meets the following requirements: (A) Current licensure as a registered nurse. (B) Performs the role of a clinical nurse specialist as described in subdivision (a). (C) Meets any other criteria established by the board. (d) (1) A nonrefundable fee of not less than five hundred dollars ($500), but not to exceed one thousand five hundred dollars ($1,500) shall be paid by a registered nurse applying to be a clinical nurse specialist for the evaluation of their qualifications to use the title “clinical nurse specialist.” (2) The fee to be paid for a temporary certificate to practice as a clinical nurse specialist shall be not less than thirty dollars ($30) nor more than fifty dollars ($50). (3) A biennial renewal fee shall be paid upon submission of an application to renew the clinical nurse specialist certificate and shall be established by the board at no less than one hundred fifty dollars ($150) and no more than one thousand dollars ($1,000). (4) The penalty fee for failure to renew a certificate within the prescribed time shall be 50 percent of the renewal fee in effect on the date of the renewal of the license, but not less than seventy-five dollars ($75) nor more than five hundred dollars ($500). (5) The fees authorized by this subdivision shall not exceed the amount necessary to cover the costs to the board to administer this section. (Amended by Stats. 2023, Ch. 510, Sec. 52. (SB 887) Effective January 1, 2024.)
  125. 2838.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 9. Clinical Nurse Specialists [2838 - 2838.4] ( Article 9 added by Stats. 1997, Ch. 159, Sec. 3. )

    Verify source ↗

    This article becomes operative on July 1, 1998.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 9. Clinical Nurse Specialists [2838 - 2838.4] ( Article 9 added by Stats. 1997, Ch. 159, Sec. 3. ) ## 2838.3. This article shall become operative on July 1, 1998. (Added by Stats. 1997, Ch. 159, Sec. 3. Effective January 1, 1998. Note: This section prescribed a delayed operative date for Article 9, commencing with Section 2838.)
  126. 2838.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 9. Clinical Nurse Specialists [2838 - 2838.4] ( Article 9 added by Stats. 1997, Ch. 159, Sec. 3. )

    Verify source ↗

    This section says nothing in the article may be used to limit, revise, or expand the current scope of practice of a registered nurse.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6. Nursing [2700 - 2838.4] ( Chapter 6 repealed and added by Stats. 1939, Ch. 807. ) ## ARTICLE 9. Clinical Nurse Specialists [2838 - 2838.4] ( Article 9 added by Stats. 1997, Ch. 159, Sec. 3. ) ## 2838.4. Nothing in this article shall be construed to limit, revise, or expand the current scope of practice of a registered nurse. (Added by Stats. 1997, Ch. 159, Sec. 3. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 2838.3.)
  127. 2840.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    This chapter is the chapter on vocational nursing and may be cited as the Vocational Nursing Practice Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2840. This chapter of the Business and Professions Code constitutes the chapter on vocational nursing and may be cited as the Vocational Nursing Practice Act. (Added by Stats. 1951, Ch. 1689.)
  128. 2840.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The Legislature declares licensed vocational nursing to be a profession, and says this section does not change registered nursing laws or make licensed vocational nurses professional employees under the cited Government Code sections.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2840.5. (a) The Legislature hereby declares the practice of licensed vocational nursing to be a profession. (b) This section shall not be construed to affect the laws relating to the practice of registered nursing, including the provisions of Chapter 6 (commencing with Section 2700), nor any existing regulations relating to registered nurse staffing of licensed health facilities. (c) The intent of this section shall not be construed to mean that licensed vocational nurses are to be considered as professional employees as defined in Sections 3507.3 and 3533 of the Government Code. (Added by Stats. 1973, Ch. 734.)
  129. 2841.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    This section creates the Board of Vocational Nursing and Psychiatric Technicians in the Department of Consumer Affairs and defines “board” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2841. (a) There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, which consists of 11 members. (b) As used in this chapter, “board” means the Board of Vocational Nursing and Psychiatric Technicians of the State of California. (c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 590, Sec. 1. (AB 3255) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  130. 2841.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The Board of Vocational Nursing and Psychiatric Technicians of California must treat public protection as its top priority when licensing, regulating, and disciplining, and public protection controls if it conflicts with other interests.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2841.1. Protection of the public shall be the highest priority for the Board of Vocational Nursing and Psychiatric Technicians of the State of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2002, Ch. 107, Sec. 11. Effective January 1, 2003.)
  131. 2841.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    If Section 2841 is repealed, the successor entity to that board is subject to review by the Legislature’s appropriate policy committees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2841.2. Notwithstanding any other law, the repeal of Section 2841 renders the successor entity to the board in Section 2841 subject to review by the appropriate policy committees of the Legislature. (Added by Stats. 2017, Ch. 586, Sec. 2. (AB 1229) Effective January 1, 2018.)
  132. 2841.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    If the board is made inoperative or repealed, the director may take over the board’s remaining duties and powers until December 31, 2024.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2841.3. If the board is made inoperative or is repealed, the director may, until December 31, 2024, assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative. (Amended by Stats. 2021, Ch. 632, Sec. 2. (AB 1536) Effective January 1, 2022.)
  133. 2842.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    Board members must be U.S. citizens and California residents, meet specified professional composition requirements, and no person may serve more than two consecutive terms.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2842. (a) Each member of the board shall be a citizen of the United States and a resident of the State of California. The board shall have the following composition: (1) Two members shall be duly licensed vocational nurses who have been licensed for a period of not less than three years prior to appointment. (2) Two members shall be licensed psychiatric technicians, each of whom shall have had not less than five years’ experience in a psychiatric hospital, or in a psychiatric unit of a hospital licensed by the State Department of Health Services, or a private institution licensed by the State Department of Health Services. (3) One member shall be a licensed vocational nurse or registered nurse who shall have had not less than five years’ experience as a teacher or administrator in an accredited school of vocational nursing. (4) Six members shall be public members who are not licentiates of the board or any other board under this division or of any board referred to in Sections 1000 and 3600. (b) No person may serve as a member of the board for more than two consecutive terms. (c) Per diem and expenses of members of the board who are licensed psychiatric technicians shall be paid solely from revenues received pursuant to Chapter 10 (commencing with Section 4500) of Division 2. (Amended by Stats. 1997, Ch. 759, Sec. 19. Effective January 1, 1998.)
  134. 2843.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    This section sets four-year appointment terms for board members and assigns appointment authority for specific board seats.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2843. Members of the board shall be appointed for a term of four years. Vacancies occurring shall be filled by appointment for the unexpired term. Appointments to the office shall be for a term of four years expiring on June 1st. The Governor shall appoint four of the public members and the licensed members of the board qualified as provided in Section 2842. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member, and their initial appointment shall be made to fill, respectively, the first and second public member vacancies which occur on or after January 1, 1983. (Amended by Stats. 1999, Ch. 655, Sec. 41.2. Effective January 1, 2000.)
  135. 2845.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The Governor may remove any board member from office for neglect of duty, incompetency, or unprofessional or dishonorable conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2845. The Governor has the power to remove any member of the board from office for neglect of any duty required by law, or for incompetency, or unprofessional or dishonorable conduct. (Added by Stats. 1951, Ch. 1689.)
  136. 2846.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must elect a president, vice president, and any other needed officers at its first meeting after appointment and every two years thereafter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2846. The board at its first meeting after appointment, and biennially thereafter at its first meeting in every second year, shall elect from its members a president, vice president, and such other officers as it may deem necessary. The officers of the board shall hold their respective positions during its pleasure. (Amended by Stats. 2024, Ch. 590, Sec. 2. (AB 3255) Effective January 1, 2025.)
  137. 2847.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must select and pay an executive officer, and the executive officer must perform delegated duties and cannot be a board member.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2847.1. (a) Except as provided in subdivision (f), the board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. (b) The executive officer shall not be a member of the board. (c) With the approval of the Director of Finance, the board shall fix the salary of the executive officer. (d) The executive officer shall be entitled to traveling and other necessary expenses in the performance of their duties. The executive officer shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred. (e) Commencing January 1, 2018, the executive officer appointed by the board pursuant to subdivision (a) is abolished. Thereafter, until January 1, 2022, the executive officer shall be appointed as set forth in Section 2847.3. (f) Commencing January 1, 2022, the executive officer shall, again, be selected by the board as set forth in subdivision (a), except that any executive officer in office on December 31, 2021, shall continue in the position as executive officer of the board until the position is vacated or the board selects another executive officer. (g) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 590, Sec. 3. (AB 3255) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  138. 2847.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must submit written progress reports to the director and the Legislature by several specified dates.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2847.6. The board shall submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitor’s recommendations pursuant to Section 2847.5. (Added by Stats. 2017, Ch. 586, Sec. 6. (AB 1229) Effective January 1, 2018.)
  139. 2848.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must meet at least twice each year to transact its business.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2848. The board for the purpose of transacting its business shall meet at least twice each year, at times and places it designates by resolution. (Amended by Stats. 1994, Ch. 1275, Sec. 17. Effective January 1, 1995.)
  140. 2849.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    Special meetings can be called by the board, the board president, or at least five members, and the executive officer must mail written notice to non-calling board members at least 15 days before the meeting.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2849. Special meetings may be held at such times as the board may elect, or on the call of the president of the board, or of not less than five members thereof. A written notice of the time, place, and object of any special meeting shall be mailed by the executive officer to all members of the board who are not parties to the call, at least 15 days before the day of the meeting. (Amended by Stats. 1983, Ch. 85, Sec. 3.)
  141. 2850.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board may hold meetings at any time and place if all board members give written consent.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2850. Meetings may be held at any time and place by the written consent of all members of the board. (Added by Stats. 1951, Ch. 1689.)
  142. 2851.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    Six board members make a quorum for conducting business at any meeting.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2851. Six members of the board constitute a quorum for transaction of business at any meeting. (Amended by Stats. 2002, Ch. 810, Sec. 24. Effective January 1, 2003.)
  143. 2852.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must keep records of its proceedings and maintain a register of license applicants and the board’s action on each application.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2852. The board shall keep a record of all its proceedings, including a register of all applicants for licenses under this chapter and the action of the board upon each application. (Added by Stats. 1951, Ch. 1689.)
  144. 2853.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board office must be in Sacramento. Suboffices may be set up in Los Angeles and San Francisco, and legal proceedings against the board may be brought in any county containing one of those cities.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2853. The office of the board shall be in the City of Sacramento. Suboffices may be established in Los Angeles and San Francisco and such records as may be necessary may be transferred temporarily to them. Legal proceedings against the board may be instituted in any county in which any of the three cities above mentioned is located. (Added by Stats. 1951, Ch. 1689.)
  145. 2854.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must prosecute people who violate this chapter and may hire clerical help, set compensation, pay necessary expenses, and adopt, amend, or repeal needed rules and regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2854. The board shall prosecute all persons guilty of violating the provisions of this chapter. It may employ such clerical assistance as it may deem necessary to carry into effect the provisions of this chapter. The board may fix the compensation to be paid for such services and may incur such other expenses as it may deem necessary. The board may adopt, amend, or repeal such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of this chapter. Such rules and regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act. (Amended by Stats. 1971, Ch. 716.)
  146. 2855.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    Each board member must receive a per diem and expenses as provided in Section 103.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2855. Each member of the board shall receive a per diem and expenses as provided in Section 103. (Repealed and added by Stats. 1959, Ch. 1645.)
  147. 2857.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must issue a license designated as a vocational nurse license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2857. The board shall issue a license designated as a vocational nurse license. (Amended by Stats. 2021, Ch. 632, Sec. 5. (AB 1536) Effective January 1, 2022.)
  148. 2858.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must accept required fees in cash or other generally accepted payment methods, including checks and money orders; postage stamps are excluded.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 1. Administration [2840 - 2858] ( Article 1 added by Stats. 1951, Ch. 1689. ) ## 2858. The board shall accept in payment of any fee required by this chapter cash or any customary or generally accepted medium of exchange, including check, cashier’s check, certified check or postal money order. For the purposes of this section, customary or generally accepted medium of exchange does not include postage stamps. (Added by Stats. 1957, Ch. 1468.)
  149. 2859.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    This section defines vocational nursing and sets supervision and protocol rules for licensed vocational nurses working under a naturopathic doctor.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 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 doctor’s 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. (Amended by Stats. 2022, Ch. 713, Sec. 1. (SB 994) Effective January 1, 2023.)
  150. 2859.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    This section defines “naturopathic doctor” and “supervision,” and limits what a naturopathic doctor or licensed vocational nurse may do in supervised practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 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. (Added by Stats. 2022, Ch. 713, Sec. 2. (SB 994) Effective January 1, 2023.)
  151. 2860.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    This section limits what vocational nursing authority includes, and it allows a trained, competent licensed vocational nurse to perform certain respiratory tasks only when directed by a physician and surgeon and only if those tasks are identified by the Respiratory Care Board of California.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2860. (a) This chapter confers no authority to practice medicine or surgery, to provide respiratory care services and treatment, or to undertake the prevention, treatment, or cure of disease, pain, injury, deformity, or mental or physical condition in violation of any provision of law. (b) Notwithstanding subdivision (a), a licensed vocational nurse who has received training and who demonstrates competency satisfactory to their employer may, when directed by a physician and surgeon, perform respiratory tasks and services expressly identified by the Respiratory Care Board of California pursuant to subdivision (a) of Section 3702.5. (Amended by Stats. 2022, Ch. 624, Sec. 1. (SB 1436) Effective January 1, 2023.)
  152. 2860.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    A licensed vocational nurse may perform specified procedures, including injections, blood withdrawal, and starting IV fluids, if the stated supervision and training conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 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, physician’s offices, naturopathic doctor’s 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. (Amended by Stats. 2022, Ch. 713, Sec. 3. (SB 994) Effective January 1, 2023.)
  153. 2860.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    A licensed vocational nurse may do specified skin tests and immunization techniques only under the required supervision and conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 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. (Amended by Stats. 2022, Ch. 713, Sec. 4. (SB 994) Effective January 1, 2023.)
  154. 2861.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    People not licensed under this chapter may perform nursing services, but they must not hold themselves out as licensed vocational nurses.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2861. This chapter does not prohibit the performance of nursing services by any person not licensed under this chapter; provided, that such person shall not in any way assume to practice as a licensed vocational nurse. (Added by Stats. 1951, Ch. 1689.)
  155. 2861.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    A licensed person who good-faith renders emergency care at an emergency scene outside work is not liable for civil damages from that care, unless the conduct is grossly negligent.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2861.5. A person licensed under this chapter who in good faith renders emergency care at the scene of an emergency which occurs outside both the place and the course of his employment shall not be liable for any civil damages as the result of acts or omissions in rendering the emergency care. This section shall not be construed to grant immunity from civil damage to any person whose conduct in rendering emergency care is grossly negligent. (Added by Stats. 1974, Ch. 824.)
  156. 2862.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    A student in an approved vocational nursing school may render vocational nursing services if the services are incidental to the student’s course of study.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2862. Vocational nursing services may be rendered by a student enrolled in an approved school of vocational nursing when these services are incidental to the student’s course of study. (Amended by Stats. 2021, Ch. 632, Sec. 9. (AB 1536) Effective January 1, 2022.)
  157. 2863.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    This chapter does not prohibit certain religious adherents from providing vocational nursing or care of the sick if it is connected to their religious practice and they do not otherwise practice vocational nursing.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2863. This chapter does not prohibit vocational nursing or the care of the sick, with or without compensation or personal profit, when done by the adherents of and in connection with the practice of the religious tenets of any well recognized church or denomination, so long as they do not otherwise engage in the practice of vocational nursing. (Added by Stats. 1951, Ch. 1689.)
  158. 2864.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    Licensees under this chapter may use the title “licensed vocational nurse” and may add “L.V.N.” after their name.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2864. Every licensee under this chapter may be known as a licensed vocational nurse and may place the letters “L.V.N.” after the licensee’s name. (Amended by Stats. 2021, Ch. 632, Sec. 10. (AB 1536) Effective January 1, 2022.)
  159. 2866.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    An applicant for a vocational nurse license must meet four eligibility requirements: be at least 17, finish at least the equivalent of 12th grade, complete the required vocational nursing course work, and not be subject to denial under Section 480.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2866. An applicant for a vocational nurse license shall comply with each of the following: (a) Be at least 17 years of age. (b) Have successfully completed at least an approved course of study through the 12th grade or the equivalent thereof as specified by the board. (c) Have successfully completed the prescribed course of study in an approved school of vocational nursing or have graduated from a school which, in the opinion of the board, maintains and gives a course which is equivalent to the minimum requirements for an approved school of vocational nursing in this state. (d) Not be subject to denial of licensure under Section 480. (Amended by Stats. 2021, Ch. 632, Sec. 11. (AB 1536) Effective January 1, 2022.)
  160. 2867.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    A vocational nursing license applicant must pay the fee required by the chapter when filing the application on the board-prescribed form.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2867. An applicant for a license authorizing the practice of vocational nursing in this state under this chapter, upon the filing of an application for a vocational nurse license on a form prescribed by the board, shall pay the fee required by this chapter. (Amended by Stats. 2021, Ch. 632, Sec. 12. (AB 1536) Effective January 1, 2022.)
  161. 2867.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    A person who is issued a license must pay the initial license fee before the license is issued, and this fee is in addition to any other fee that may also be payable.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2867.5. Every person to whom a license is issued shall, as a condition precedent to its issuance and in addition to any other fee that may be payable, pay the initial license fee prescribed by this chapter. (Amended by Stats. 2017, Ch. 586, Sec. 9. (AB 1229) Effective January 1, 2018.)
  162. 2867.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must issue a receipt or temporary certificate after exam results are received and the initial license fee is paid.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2867.6. After receiving the results of having passed the examination and upon receipt of the initial license fee required by subdivision (h) of Section 2895, the board shall issue a receipt or temporary certificate which will serve as a valid permit for the licensee to practice under this chapter. (Amended by Stats. 2021, Ch. 632, Sec. 13. (AB 1536) Effective January 1, 2022.)
  163. 2868.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must hold at least two examinations each year for people who want to practice vocational nursing in the state.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2868. The board shall hold not less than two examinations each year for applicants desirous of practicing vocational nursing in this State, at such times and places as the board may determine. (Added by Stats. 1951, Ch. 1689.)
  164. 2870.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board controls how vocational nursing examinations are conducted and decides whether to add oral or practical parts; it also must finally pass or reject all applicants.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2870. Examinations shall be written, but in the discretion of the board may be supplemented by an oral or practical examination in such subjects as the board determines. All examinations shall be conducted by such persons and in such manner and under such rules and regulations as the board may prescribe. The board shall finally pass or reject all applicants. Its actions shall be final and conclusive and not subject to review by any court or other authority. (Added by Stats. 1951, Ch. 1689.)
  165. 2871.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    An applicant who does not pass the first examination may take a second one if the required fee is paid.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2871. Any applicant who fails to pass the first examination may take a second examination upon payment of the fee required by this chapter. (Amended by Stats. 2021, Ch. 632, Sec. 14. (AB 1536) Effective January 1, 2022.)
  166. 2872.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must issue a license to any applicant who passes the examination.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2872. The board shall issue a license to each applicant who passes the examination. The form of the license shall be determined in accordance with Section 164. (Amended by Stats. 1971, Ch. 716.)
  167. 2872.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board may issue a license without examination to certain applicants who apply in writing, pay the required fee, and hold a valid, unrevoked vocational or practical nurse license from another state or a foreign country.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2872.1. The board upon written application and receipt of the required application fee may issue a license without examination to any applicant who possesses a valid, unrevoked license as a vocational nurse or practical nurse issued by any other state or a foreign country, and who in the opinion of the board meets all the other requirements set forth in Sections 2866 and 2873. (Added by Stats. 1955, Ch. 1884.)
  168. 2872.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    Applicants must file the prescribed written application, and eligible applicants may receive an interim permit to practice vocational nursing while waiting for exam results. Interim permittees must work under supervision and may only use the permitted title.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2872.2. (a) An applicant for license by examination shall submit a written application in the form prescribed by the board. (b) If the application for licensure by examination is received by the board no later than four months after completion of a board-approved nursing program and approval of the application, the board may issue an interim permit authorizing the applicant to practice vocational nursing pending the results of the first licensing examination, or for a period of nine months, whichever occurs first. An applicant may submit an application for an interim permit at the same time as the applicant submits an application for licensure by examination. The board shall make a decision whether to issue the interim permit and, if the board decides to issue the interim permit, shall issue the interim permit to the applicant within 60 days of receiving the completed application. (c) If the applicant passes the examination, the interim permit shall remain in effect until an initial license is issued by the board or for a maximum period of six months after passing the examination, whichever occurs first. If the applicant fails the examination, the interim permit shall terminate upon notice by certified mail, return receipt requested, or if the applicant fails to receive the notice, upon the date specified in the interim permit, whichever occurs first. (d) A permittee shall function under the supervision of a licensed vocational nurse or a registered nurse, who shall be present and available on the premises during the time the permittee is rendering professional services. The supervising licensed vocational nurse or registered nurse may delegate to the permittee any function taught in the permittee’s basic nursing program. (e) An interim permittee shall not use any title or designation other than vocational nurse interim permittee or “V.N.I.P.” (Amended by Stats. 2021, Ch. 632, Sec. 15. (AB 1536) Effective January 1, 2022.)
  169. 2872.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    Applicants and licensees must give the board a physical mailing address and an email address, and the email address must be provided by July 1, 2022.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2872.3. (a) Applicants and licensees shall provide the board a physical mailing address. (b) Applicants and licensees shall provide the board an electronic mail address no later than July 1, 2022. Unless an applicant specifies in writing a preference for regular mail, the board shall direct all license-related correspondence to applicants and licensees using the electronic mail address on file, including, but not limited to, renewal notices and deficiency notices. (c) The board may annually send an electronic notice to applicants and licensees to confirm their electronic mail address is current. (Added by Stats. 2021, Ch. 632, Sec. 16. (AB 1536) Effective January 1, 2022.)
  170. 2873.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    A person with equivalent nursing education or experience may be licensed as a vocational nurse if the person shows the board the necessary qualifications and passes any required tests.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2873. Any person possessing either the education or the experience, or any combination of both the education and the experience, equivalent to that acquired in an approved school of vocational nursing may be licensed as a vocational nurse under the provisions of this chapter, provided that the person successfully demonstrates to the board that the person possesses the necessary qualifications, and successfully passes the examinations or tests as may from time to time be required by the board. (Amended by Stats. 2021, Ch. 632, Sec. 17. (AB 1536) Effective January 1, 2022.)
  171. 2873.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    A qualifying service member must be granted a license if they meet the stated service, training, discharge, proof, and exam requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2873.5. Any person who has served on active duty in the medical corps of any of the armed forces, in which no less than an aggregate of 12 months was spent in rendering bedside patient care, and who has completed the basic course of instruction in nursing required by the person’s particular branch of the armed forces, and whose service in the armed forces has been under honorable conditions, or whose general discharge has been under honorable conditions, shall be granted a license upon proof that the person possesses the necessary qualifications of this section, as set forth in the person’s service records, and upon the passing of an examination. (Amended by Stats. 2021, Ch. 632, Sec. 18. (AB 1536) Effective January 1, 2022.)
  172. 2873.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    This section lets certain eligible correctional medical assistants get a restricted vocational nursing license, limits that license to Department of Corrections and Rehabilitation facilities, and requires hired assistants to obtain a vocational nurse license within six months.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 2. Scope of Regulation [2859 - 2873.6] ( Article 2 added by Stats. 1951, Ch. 1689. ) ## 2873.6. (a) Any person who on the effective date of this section is employed as a medical technical assistant or as a senior medical technical assistant by the Department of Corrections and Rehabilitation, who served on active duty in the medical corps of any of the Armed Forces of the United States or who served in the United States Public Health Service, in which no less than an aggregate of 12 months was spent in rendering patient care, who completed the basic course of instruction in nursing required by the United States Public Health Service, or by a particular branch of the armed forces, and who was honorably discharged therefrom, shall be granted an employment restricted license upon proof that the person possesses the necessary qualifications of this section as set forth in the person’s service and discharge records. An employment restricted license issued pursuant to this subdivision shall authorize the holder thereof to practice vocational nursing only within a facility of the Department of Corrections and Rehabilitation and shall be valid only for the period of employment. In order to obtain a nonrestricted license as a vocational nurse, a medical technical assistant shall apply and take the examination as required and normally administered by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. (b) On and after the effective date of this section, no person shall be appointed as a medical technical assistant by the Department of Corrections and Rehabilitation unless the person complies with one of the following: (1) Is a licensed vocational nurse or a registered nurse. (2) Has served on active duty in the medical corps of any of the Armed Forces of the United States or who served in the United States Public Health Service, in which no less than an aggregate of 12 months was spent in rendering patient care, who completed the basic course of instruction in nursing required by the United States Public Health Service, or by a particular branch of the armed forces, and who has been honorably discharged therefrom. The Department of Corrections and Rehabilitation is authorized only to hire persons who are eligible for licensure, and as a condition of employment shall require that those persons obtain a license as a vocational nurse within six months of employment. The person shall be supervised by a registered nurse or physician and surgeon and shall not administer medications until licensed. (c) Notwithstanding subdivision (a), any person who was granted a restricted vocational nurse’s license pursuant to that subdivision and who was employed in the psychiatric unit of the California Medical Facility at the time of the unit’s transfer from the Department of Corrections to the State Department of Mental Health on July 1, 1988, shall continue to hold their license. (Amended by Stats. 2021, Ch. 632, Sec. 19. (AB 1536) Effective January 1, 2022.)
  173. 2875.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    Licensees may be disciplined under this article, and the board has the powers granted for these proceedings.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. ) ## 2875. Every licensee may be disciplined as provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Added by Stats. 1951, Ch. 1689.)
  174. 2876.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must discipline a license holder who defaulted or was found guilty, and it must delegate certain default-and-surrender decisions to its executive office.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. ) ## 2876. (a) The board shall discipline the holder of any license, whose default has been entered or who has been heard by the board and found guilty, by any of the following methods: (1) Suspending judgment. (2) Placing the licensee on probation. (3) Suspending the licensee’s right to practice vocational nursing for a period not exceeding one year. (4) Revoking the licensee’s license. (5) Taking such other action in relation to disciplining the licensee as the board in its discretion may deem proper. (b) The board shall delegate to its executive office the authority to adopt a decision entered by default and a stipulation for surrender of a license. (Amended by Stats. 2021, Ch. 632, Sec. 20. (AB 1536) Effective January 1, 2022.)
  175. 2877.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    If a vocational nursing license is suspended, the licensee cannot practice during the suspension and must return the license to the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. ) ## 2877. If the holder of a license is suspended, the licensee shall not be entitled to practice vocational nursing during the term of suspension and shall return the license to the board. Upon the expiration of the term of suspension, the licensee shall be reinstated by the board and shall be entitled to resume the practice of vocational nursing unless it is established to the satisfaction of the board that the licensee has practiced vocational nursing in this state during the term of suspension. In this event, the board shall revoke the license. (Amended by Stats. 2021, Ch. 632, Sec. 21. (AB 1536) Effective January 1, 2022.)
  176. 2878.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board may suspend or revoke a vocational nursing license for listed misconduct, and it must also promote infection-control guidance and safeguards.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. ) ## 2878. The board may suspend or revoke a license issued under this chapter for any of the following: (a) Unprofessional conduct, which includes, but is not limited to, any of the following: (1) Incompetence, or gross negligence in carrying out usual nursing functions. (2) A conviction of practicing medicine without a license in violation of Chapter 5 (commencing with Section 2000), in which event the record of conviction shall be conclusive evidence of the conviction. (3) The use of advertising relating to nursing which violates Section 17500. (4) The use of excessive force upon or the mistreatment or abuse of any patient. For the purposes of this paragraph, “excessive force” means force clearly in excess of that which would normally be applied in similar clinical circumstances. (5) The failure to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law. (6) Failure to report to the commission any act prohibited by this section. (b) Procuring a certificate by fraud, misrepresentation, or mistake. (c) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to violate any provision or term of this chapter. (d) Making or giving any false statement or information in connection with the application for issuance of a license. (e) Conviction of a crime substantially related to the qualifications, functions, and duties of a licensed vocational nurse, in which event the record of the conviction shall be conclusive evidence of the conviction. (f) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license. (g) Impersonating another practitioner, misrepresenting professional credentials or licensure status, or permitting another person to use the licensee’s certificate or license. (h) Aiding or assisting, or agreeing to aid or assist any person or persons, whether a licensed physician or not, in the performance of or arranging for a violation of Article 12 (commencing with Section 2220) of Chapter 5. (i) The commission of any act involving dishonesty, when that action is related to the duties and functions of the licensee. (j) The commission of any act punishable as a sexually related crime, if that act is substantially related to the duties and functions of the licensee. (k) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of blood-borne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary, the board shall consult with the Medical Board of California, the Podiatric Medical Board of California, the Board of Dental Examiners, and the Board of Registered Nursing, to encourage appropriate consistency in the implementation of this subdivision. (l) The board shall seek to ensure that licentiates and others regulated by the board are informed of the responsibility of licentiates and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of blood-borne infectious diseases. (Amended by Stats. 2025, Ch. 136, Sec. 7. (AB 260) Effective September 26, 2025.)
  177. 2878.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    Licensed vocational nurses, their employers, and certain placement agencies must report specified disciplinary events to the board, and employers can be fined for failing to report.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. ) ## 2878.1. (a) If a licensed vocational nurse has knowledge that another person has committed any act prohibited by Section 2878, the licensed vocational nurse shall report this information to the board in writing and shall cooperate with the board in furnishing information or assistance as may be required. (b) Any employer of a licensed vocational nurse shall report to the board the suspension or termination for cause, or resignation for cause, of any licensed vocational nurse in its employ. In the case of licensed vocational nurses employed by the state, the report shall not be made until after the conclusion of the review process specified in Section 52.6 of Title 2 of the California Code of Regulations and Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194. This required reporting shall not constitute a waiver of confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (d) and shall not be subject to discovery in civil cases. (c) An employment agency or nursing registry shall report to the board the rejection from assignment of a licensed vocational nurse by a health facility or home health care provider due to acts that would be cause for suspension or termination as described in subdivision (d). (d) For purposes of this section, “suspension, termination, or resignation for cause” or “rejection from assignment” are defined as suspension, termination, or resignation from employment, or rejection from assignment, for any of the following reasons: (1) Use of controlled substances or alcohol to the extent that it impairs the licensee’s ability to safely practice vocational nursing. (2) Unlawful sale of a controlled substance or other prescription items. (3) Patient or client abuse, neglect, physical harm, or sexual contact with a patient or client. (4) Falsification of medical records. (5) Gross negligence or incompetence. (6) Theft from patients or clients, other employees, or the employer. (e) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation. (f) Pursuant to Section 43.8 of the Civil Code, no person shall incur any civil penalty as a result of making any report required by this chapter. (g) The board shall implement this section contingent upon the necessary funding in the annual Budget Act. (h) For purposes of this section, “employer” includes employment agencies and nursing registries. (Amended by Stats. 2021, Ch. 632, Sec. 23. (AB 1536) Effective January 1, 2022.)
  178. 2878.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must share complaints and investigation information about respiratory care services with the Respiratory Care Board of California.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. ) ## 2878.2. The board shall share all complaints and information related to investigations involving respiratory care services, as described in Chapter 8.3 (commencing with Section 3700), including, but not limited to, data, findings, interviews, and evidence, with the Respiratory Care Board of California. (Added by Stats. 2022, Ch. 624, Sec. 2. (SB 1436) Effective January 1, 2023.)
  179. 2878.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    Licensed vocational nurses commit unprofessional conduct if they misuse controlled substances or dangerous drugs, use them in a harmful way, are convicted of certain drug-related crimes, are confined for substance addiction, or falsify related records.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. ) ## 2878.5. In addition to other acts constituting unprofessional conduct within the meaning of this chapter, it is unprofessional conduct for a person licensed under this chapter to do any of the following: (a) Obtain or possess in violation of law, or prescribe, or except as directed by a licensed physician and surgeon, dentist or podiatrist administer to the licensee or furnish or administer to another, any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Section 4022. (b) Use any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Section 4022, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the licensee, any other person, or the public, or to the extent that the use impairs the licensee’s ability to conduct with safety to the public the practice authorized by their license. (c) Be convicted of a criminal offense involving possession of any narcotic or dangerous drug, or the prescription, consumption, or self-administration of any of the substances described in subdivisions (a) and (b) of this section, in which event the record of the conviction is conclusive evidence thereof. (d) Be committed or confined by a court of competent jurisdiction for intemperate use of or addiction to the use of any of the substances described in subdivisions (a) and (b) of this section, in which event the court order of commitment or confinement is prima facie evidence of that commitment or confinement. (e) Falsify, or make grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital, patient, or other record pertaining to narcotics or dangerous drugs as specified in subdivision (b). (Amended by Stats. 2021, Ch. 632, Sec. 24. (AB 1536) Effective January 1, 2022.)
  180. 2878.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    A guilty plea, guilty verdict, or nolo contendere conviction tied to a charge related to a licensed vocational nurse counts as a conviction here. The board may suspend or revoke the license, or refuse to issue one, after appeal is over or the conviction is affirmed, and that power is not removed by certain later Penal Code relief.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. ) ## 2878.6. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties of a licensed vocational nurse is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment. (Amended by Stats. 1978, Ch. 1161.)
  181. 2878.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    A disciplined licensee may ask the board to reinstate the license or change the penalty after waiting the required minimum time.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. ) ## 2878.7. (a) A person whose license has been revoked, suspended, surrendered, or placed on probation, may petition the board for reinstatement or modification of the penalty, including modification or termination of probation, after a period not less than the following minimum periods has elapsed from the effective date of the disciplinary order or if any portion of the order is stayed by the board itself or by the superior court, from the date the disciplinary action is actually implemented in its entirety: (1) Except as otherwise provided in this section, at least three years for the reinstatement of a license that was revoked or surrendered, except that the board may, in its sole discretion, specify in its order a lesser period of time, which shall be no less than one year, to petition for reinstatement. (2) At least two years for the early termination of a probation period of three years or more. (3) At least one year for the early termination of a probation period of less than three years. (4) At least one year for the modification of a condition of probation, or for the reinstatement of a license revoked for mental or physical illness. (b) The board shall give notice to the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and an opportunity to present both oral and documentary evidence and argument to the board. The petitioner shall at all times have the burden of proof to establish by clear and convincing evidence that the petitioner is entitled to the relief sought in the petition. (c) The board itself or the administrative law judge, if one is designated by the board, shall hear the petition and shall prepare a written decision setting forth the reasons supporting the decision. (d) The board may grant or deny the petition or may impose any terms and conditions that it reasonably deems appropriate as a condition of reinstatement or reduction of penalty. (e) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole or subject to an order of registration pursuant to Section 290 of the Penal Code. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. (f) Except in those cases where the petitioner has been disciplined for a violation of Section 822, the board may in its discretion deny without hearing or argument any petition that is filed pursuant to this section within a period of two years from the effective date of a prior decision following a hearing under this section. (g) Nothing in this section shall be deemed to alter the provisions of Sections 822 and 823. (Amended by Stats. 2021, Ch. 632, Sec. 25. (AB 1536) Effective January 1, 2022.)
  182. 2878.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board may deny an application, or suspend or revoke a license, if the person has been disciplined by another state, another government agency, or another California health care professional licensing board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. ) ## 2878.8. The board may deny any application or may suspend or revoke any license issued under this chapter based upon the denial of licensure, suspension, restriction, or other disciplinary action of a license by another state, any other government agency, or by another California health care professional licensing board. A certified copy of the finding shall be conclusive evidence of that action provided that, if from another state, the findings establish an act which if committed in California would be grounds for discipline. (Added by Stats. 1992, Ch. 1289, Sec. 23. Effective January 1, 1993.)
  183. 2878.9.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board may issue a probationary initial license to certain applicants and set probation terms, and it must consider dismissed convictions and other rehabilitation evidence when deciding.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. ) ## 2878.9. (a) The board may issue an initial license on probation, with specific terms and conditions, to any applicant who has violated any term of this chapter, but who has met all other requirements for licensure and who has successfully completed the examination for licensure within four years of the date of issuance of the initial license. (b) Specific terms and conditions may include, but are not limited to, the following: (1) Continuing medical, psychiatric, or psychological treatment. (2) Ongoing participation in a specified rehabilitation program. (3) Abstention from the use of alcohol or drugs. (4) Compliance with all provisions of this chapter. (c) (1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary license, the board shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall give special consideration to applicants whose convictions have been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code. (2) The board shall also take into account and consider any other reasonable documents or individual character references provided by the applicant that may serve as evidence of rehabilitation as deemed appropriate by the board. (d) The board may modify or terminate the terms and conditions imposed on the probationary license upon receipt of a petition from the applicant or licensee. (e) For purposes of issuing a probationary license to qualified new applicants, the board shall develop standard terms of probation that shall include, but not be limited to, the following: (1) A three-year limit on the individual probationary license. (2) A process to obtain a standard license for applicants who were issued a probationary license. (3) Supervision requirements. (4) Compliance and quarterly reporting requirements. (Amended by Stats. 2008, Ch. 675, Sec. 1. Effective January 1, 2009.)
  184. 2879.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board may revoke, suspend, or deny vocational nursing licenses, and it must give reasons for denials and hold hearings within 90 days when requested.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 3. Disciplinary Proceedings [2875 - 2879] ( Article 3 added by Stats. 1951, Ch. 1689. ) ## 2879. (a) Notwithstanding Section 2878 or any other law, the board may revoke, suspend, or deny at any time a license under this chapter on any of the grounds for disciplinary action provided in this chapter. The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (b) The board may deny a license to an applicant on any of the grounds specified in Section 480. (c) In addition to the requirements provided in Sections 485 and 486, upon denial of an application for a license, the board shall provide a statement of reasons for the denial that does the following: (1) Evaluates evidence of rehabilitation submitted by the applicant, if any. (2) Provides the board’s criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs. (3) If the board’s decision was based on the applicant’s prior criminal conviction, justifies the board’s denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a licensed vocational nurse. (d) Commencing July 1, 2009, all of the following shall apply: (1) If the denial of a license is due at least in part to the applicant’s state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of the applicant’s criminal history record if the applicant makes a written request to the board for a copy, specifying an address to which it is to be sent. (A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice. (B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicant’s criminal history record and the criminal history record shall not be made available by the board to any employer. (C) The board shall retain a copy of the applicant’s written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent. (2) The board shall make this information available upon request by the Department of Justice or the Federal Bureau of Investigation. (e) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicant’s request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted. (Amended by Stats. 2021, Ch. 632, Sec. 26. (AB 1536) Effective January 1, 2022.)
  185. 2880.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must keep a list of approved vocational nursing schools in this state.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. ) ## 2880. The board shall prepare and maintain a list of approved schools of vocational nursing in this state whose graduates, if they have the other necessary qualifications provided in this chapter, shall be eligible to apply for a license to practice vocational nursing in this state. (Amended by Stats. 2011, Ch. 338, Sec. 10. (SB 539) Effective January 1, 2012.)
  186. 2881.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    A vocational nursing school counts as an approved school only if the board has approved it, it offers at least 1,530 hours or 50 semester units of instruction, and it is affiliated with or run in connection with one or more hospitals.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. ) ## 2881. An approved school of vocational nursing is one which has been approved by the Board of Vocational Nursing and Psychiatric Technicians of the State of California, gives a course of instruction in vocational nursing of not less than 1,530 hours or 50 semester units approved by the board pursuant to Section 2882 whether the same be established by the State Board of Education, other educational institutions, or other public or private agencies or institutions and is affiliated or conducted in connection with one or more hospitals. One hour of instruction for purposes of computing the total hours of instruction or for calculating semester units as specified in this section shall consist of not less than 50 minutes of actual class time. (Amended by Stats. 2011, Ch. 338, Sec. 11. (SB 539) Effective January 1, 2012.)
  187. 2881.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must deny or revoke approval for a vocational nursing school that does not give students credit for prior nursing education and the chance to earn credit through challenge exams or similar evaluation methods.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. ) ## 2881.1. The board shall deny the application for approval made by, and shall revoke the approval given to, any school of vocational nursing that does not give to student applicants credit, in the field of nursing, for previous education and the opportunity to obtain credit for other acquired knowledge by the use of challenge examinations or other methods of evaluation. The board shall prescribe, by regulation, the education for which credit is to be given and the amount of credit that is to be given for each type of education, including the amount of credit to be given to a certified nurse assistant, a nurse assistant who has provided direct nursing services in health facilities, and an applicant who has successfully completed equivalent courses offered by a secondary school that is approved by the State Department of Education in any state or by a nationally recognized regional accrediting body. These courses shall be assessed for equivalency by the vocational nursing school. (Amended by Stats. 2011, Ch. 338, Sec. 12. (SB 539) Effective January 1, 2012.)
  188. 2881.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    This section sets deadlines and fees for vocational nursing school or program approval, and gives the board authority to process, deny, or reduce fees under stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. ) ## 2881.2. (a) The approval process for a school or program shall be consistent with the following timelines: (1) (A) Upon receipt of a complete letter of intent to submit an application for approval as a school or program of licensed vocational nursing, the board shall notify the proposed school or program of the steps in the approval process and provide an estimated wait time until active assignment to a nursing education consultant. (B) A vocational nursing school or program that fails to submit a complete letter of intent within 30 days from the date the board notifies the school or program of deficiencies shall be taken out of consideration for approval as a new school or program and may only reapply after six months. (C) Upon active assignment of a nursing education consultant, the school or program shall submit an initial application for approval within 60 days. (2) (A) Within 30 days of the date the board receives an initial application for approval, the board shall notify the school or program whether the application is complete. (B) A notice that an initial application is not complete shall specify what additional documents or payment of fees the school or program is required to submit to the board to make the application complete. (3) Within 60 days from the date the board notifies the school or program that the initial application is not complete, the school or program shall provide the missing information. If a school or program fails to submit the required information, the board shall take the application out of consideration consistent with subdivision (c) of Section 2881.3. (4) Within six months of the date the board receives an initial application for approval as a school or program, the board shall approve the school or program, deny approval, or notify the school or program that corrective action is required. (b) A school or program of vocational nursing seeking approval by the board shall remit to the board for deposit in the Vocational Nursing and Psychiatric Technicians Fund fees in accordance with the following schedule: (1) The nonrefundable initial application fee shall be in an amount equal to the reasonable costs incurred by the board in reviewing and processing the application up to five thousand dollars ($5,000). (2) (A) Except as provided in subparagraph (B), the final approval fee shall be in an amount equal to the reasonable costs incurred by the board in the application approval process up to fifteen thousand dollars ($15,000). (B) The final approval fee for an applicant program that meets both of the following criteria shall be in an amount equal to the reasonable costs incurred by the board in the application approval process up to five thousand dollars ($5,000): (i) The program is affiliated with an approved school or program that is in good standing. (ii) The program utilizes the curriculum and policies approved by the board for the approved school or program. (3) The continuing approval fee shall be in an amount equal to the reasonable costs incurred by the board in providing oversight and review of a school or program up to five thousand dollars ($5,000) once every four years. (c) If the board makes an initial determination that the cost of providing oversight and review of a school or program under this section is less than the amount of any fees required to be paid by that school or program, the board shall decrease the fees applicable to that institution to an amount that is proportional to the board’s reasonable costs associated with that school or program. (d) The board may reduce the continuing approval fees, by no more than one-half of the established fee, for a program that experiences a reduction in enrollment capacity that directly leads to a reduction in state funding. The board shall require a program to provide documentation for the purposes of issuing the fee reduction. (e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 590, Sec. 4. (AB 3255) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  189. 2881.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must keep an inactive list, and schools or programs seeking approval must answer board inquiries within two weeks.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. ) ## 2881.3. (a) The board shall maintain a list of inactive vocational nursing schools and programs seeking board approval. (b) A vocational nursing school or program seeking board approval shall respond to the board within two weeks of each inquiry or request during all phases of the application process after the school or program has submitted an initial application for approval pursuant to Section 2881.2. A school or program that does not respond within two weeks, fails to submit documentation required by the board in time, or fails to pay the required fees, shall be designated as inactive. (c) A vocational nursing school or program seeking board approval that has been on the inactive list for 90 days over the course of the application period shall be taken out of consideration for a new school or program and may only reapply after six months. (Amended by Stats. 2024, Ch. 590, Sec. 5. (AB 3255) Effective January 1, 2025.)
  190. 2882.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    Approved vocational nursing schools must offer instruction meeting minimum hour and clinical-experience requirements, and the board must regulate how courses are approved.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. ) ## 2882. The course of instruction of an approved school of vocational nursing shall consist of not less than the required number of hours of instruction in such subjects as the board may from time to time by regulation determine, together with the required number of hours in the care of medical, surgical, obstetrical patients, sick children, and such other clinical experience as from time to time may be determined by the board. The board shall, by regulation, provide for the approval of courses of instruction expressed in hours of instruction, or academic units, or which require satisfactory demonstration of skills and behavioral competencies. (Amended by Stats. 2011, Ch. 338, Sec. 13. (SB 539) Effective January 1, 2012.)
  191. 2883.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The board must inspect or review vocational nursing schools and programs, approve those that meet its requirements, and can cite, fine, place on provisional approval, or remove schools/programs that do not fix defects.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. ) ## 2883. (a) It shall be the duty of the board, through an official representative, to inspect or review all vocational nursing schools or programs in this state at such times as the board shall deem necessary. Written reports of the inspection or review shall be made to the board, which shall thereupon approve the schools or programs that meet the requirements provided by the board. (b) (1) Upon receiving the report of the representative, if the board determines that any vocational nursing school or program is not maintaining the standard required by the board, notice thereof in writing specifying the defect or defects shall be immediately given to the school or program. If the defects are not corrected within a reasonable time, the school or program may be issued a citation and assessed a fine as specified under subdivision (c) or removed from the approved list and notice thereof in writing given to it. (2) Until the board establishes regulations pursuant to subdivision (c), a school or program may only be removed from the approved list if defects are not corrected within a reasonable time. (c) (1) The board may issue a citation, which may contain an order of abatement or an order to pay an administrative fine, if it has established, by regulation, a system for the issuance of citations to a vocational nursing school or program that is consistent with Section 125.9. (2) In the event that the school or program does not remit the assessed fine within 30 days, the board may place the school or program on provisional approval for up to six months or remove it from the approved school or program list and give it written notice of the removal. (d) A vocational nursing school or program removed from the approved list may apply for approval after 12 months from the date of their removal. (Amended by Stats. 2024, Ch. 590, Sec. 6. (AB 3255) Effective January 1, 2025.)
  192. 2884.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    Schools run by a well recognized church or denomination are exempt from this chapter if they train adherents in caring for the sick under that group's religious tenets.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 4. Vocational Nursing Schools [2880 - 2884] ( Article 4 added by Stats. 1951, Ch. 1689. ) ## 2884. None of the provisions of this chapter shall be applicable to any school or schools conducted by any well recognized church or denomination for the purpose of training the adherents of such church or denomination in the care of the sick in accordance with its religious tenets. (Added by Stats. 1951, Ch. 1689.)
  193. 2885.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 5. Penal Provisions [2885 - 2887] ( Article 5 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    People who are not licensed under this chapter must not pretend to be, impersonate, or use the title of a licensed vocational nurse.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 5. Penal Provisions [2885 - 2887] ( Article 5 added by Stats. 1951, Ch. 1689. ) ## 2885. It is unlawful for any person or persons not licensed as provided in this chapter to impersonate in any manner or pretend to be a licensed vocational nurse, or to use the title “Licensed Vocational Nurse,” the letters “L.V.N.,” or any other name, word or symbol in connection with or following the person’s name so as to lead another or others to believe that the person is a licensed vocational nurse. (Amended by Stats. 2021, Ch. 632, Sec. 29. (AB 1536) Effective January 1, 2022.)
  194. 2886.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 5. Penal Provisions [2885 - 2887] ( Article 5 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    A person must not willfully make false representations or impersonate another person in connection with a license examination, application, or request to be examined or licensed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 5. Penal Provisions [2885 - 2887] ( Article 5 added by Stats. 1951, Ch. 1689. ) ## 2886. (a) It is unlawful for a person to willfully make any false representation or to impersonate any other person in connection with any examination or application for a license, or request to be examined or licensed. (b) It is unlawful for a person to permit or aid any person in any manner to impersonate that person in connection with any examination or application for a license, or request to be examined or licensed. (Amended by Stats. 2022, Ch. 28, Sec. 3. (SB 1380) Effective January 1, 2023.)
  195. 2887.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 5. Penal Provisions [2885 - 2887] ( Article 5 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    Anyone who violates this chapter commits a misdemeanor and may be punished with jail, a fine, or both.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 5. Penal Provisions [2885 - 2887] ( Article 5 added by Stats. 1951, Ch. 1689. ) ## 2887. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and upon a conviction thereof shall be punished by imprisonment in the county jail for not less than 10 days nor more than one year, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 11. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  196. 2890.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 6. Revenue [2890 - 2895.5] ( Article 6 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    The Vocational Nursing and Psychiatric Technicians Fund is created in the State Treasury.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 6. Revenue [2890 - 2895.5] ( Article 6 added by Stats. 1951, Ch. 1689. ) ## 2890. The Vocational Nursing and Psychiatric Technicians Fund is hereby created in the State Treasury. (Amended by Stats. 1997, Ch. 759, Sec. 24. Effective January 1, 1998.)
  197. 2892.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 6. Revenue [2890 - 2895.5] ( Article 6 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    Vocational nursing licenses expire on a birthday-based schedule unless renewed; the licensee must apply for renewal and pay the fee on time.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 6. Revenue [2890 - 2895.5] ( Article 6 added by Stats. 1951, Ch. 1689. ) ## 2892. Licenses issued under this chapter prior to January 1, 1974, shall, unless renewed, expire on the last day of the month following the month in 1974 in which the licensee’s birthday occurs and at two-year intervals thereafter on the last day of the month following the month in which the licensee’s birthday occurs. Licenses issued under this chapter on or after January 1, 1974, shall, unless renewed, expire at two-year intervals on the last day of the month following the month in which the licensee’s birthday occurs, beginning with the second birthday following the date on which the license was issued. To renew an unexpired license, the licensee shall, on or before each of the dates on which it would otherwise expire, apply for renewal on a form prescribed by the board and pay the renewal fee prescribed by this chapter. The board shall give written notice to a licensee 30 days in advance of the renewal date and, 90 days in advance of the expiration of the fourth year that a renewal fee has not been paid, shall give written notice to the licensee informing the licensee in general terms of the provisions of Section 2892.4. (Amended by Stats. 1981, Ch. 714, Sec. 6.)
  198. 2892.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 6. Revenue [2890 - 2895.5] ( Article 6 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    An expired vocational nursing license may be renewed within four years after expiration, subject to stated exceptions and payment requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 6. Revenue [2890 - 2895.5] ( Article 6 added by Stats. 1951, Ch. 1689. ) ## 2892.1. Except as provided in Sections 2892.3 and 2892.5, an expired license may be renewed at any time within four years after its expiration upon filing of an application for renewal on a form prescribed by the board, payment of all accrued and unpaid renewal fees, and payment of any fees due pursuant to Section 2895.1. If the license is renewed more than 30 days after its expiration, the licensee, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which all renewal fees are paid, or on the date on which the delinquency fee is paid, whichever last occurs. If so renewed, the license shall continue in effect through the date provided in Section 2892 which next occurs after the effective date of the renewal, when it shall expire if it is not again renewed. (Amended by Stats. 2001, Ch. 435, Sec. 7. Effective January 1, 2002.)
  199. 2892.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 6. Revenue [2890 - 2895.5] ( Article 6 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    A suspended license must be renewed as provided in this article, but renewal does not let the licensee work under the license while it is still suspended and before it is reinstated.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 6. Revenue [2890 - 2895.5] ( Article 6 added by Stats. 1951, Ch. 1689. ) ## 2892.2. A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other activity or conduct in violation of the order or judgment by which the license was suspended. (Added by Stats. 1961, Ch. 363.)
  200. 2892.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 6. Revenue [2890 - 2895.5] ( Article 6 added by Stats. 1951, Ch. 1689. )

    Verify source ↗

    A revoked license cannot be renewed. If it is reinstated after expiration, the licensee must pay a reinstatement fee tied to the current renewal fee, plus any delinquency fee accrued at revocation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 6.5. Vocational Nursing [2840 - 2895.5] ( Chapter 6.5 added by Stats. 1951, Ch. 1689. ) ## ARTICLE 6. Revenue [2890 - 2895.5] ( Article 6 added by Stats. 1951, Ch. 1689. ) ## 2892.3. A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the licensee, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the date the application for reinstatement is filed, plus the delinquency fee, if any, accrued at the time of its revocation. (Amended by Stats. 1973, Ch. 106.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.