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SB-554 Nurse practitioners: independent practice.(2017-2018)

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Date Published: 02/16/2017 09:00 PM
SB554:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 554


Introduced by Senator Stone

February 16, 2017


An act to add Article 8.5 (commencing with Section 2837.50) to Chapter 6 of Division 2 of the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


SB 554, as introduced, Stone. Nurse practitioners: independent practice.
Existing law, the Nursing Practice Act, provides for the licensure and regulation of nurse practitioners by the Board of Registered Nursing. Existing law authorizes the implementation of standardized procedures that authorize a nurse practitioner to perform certain acts, including ordering durable medical equipment in accordance with standardized procedures, certifying disability for purposes of unemployment insurance after physical examination and collaboration with a physician and surgeon, and, for an individual receiving home health services or personal care services, approving, signing, modifying, or adding to a plan of treatment or plan of care after consultation with a physician and surgeon. A violation of these provisions is a crime.
This bill would authorize a nurse practitioner who holds a certification from a national certifying body, recognized by the board, to be certified by the board as an independent nurse practitioner and to perform certain nursing functions without the supervision of a physician and surgeon, if the independent nurse practitioner meets specified requirements and practices in underserved geographic areas, as determined by the board.
The bill would prohibit a person from advertizing or hold himself or herself out as an “independent nurse practitioner” unless the person is certified by the board as an independent nurse practitioner pursuant to this bill. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Article 8.5 (commencing with Section 2837.50) is added to Chapter 6 of Division 2 of the Business and Professions Code, to read:
Article  8.5. Independent Nurse Practitioners

2837.50.
 (a) The board shall establish the category of independent nurse practitioner and shall establish the qualifications and the scope of independent practice as set forth in this article.
(b) The qualifications for a certification by the board as an independent nurse practitioner shall include compliance with all of the following:
(1) Meeting all of the licensing requirements of Article 8 (commencing with Section 2834).
(2) Holding a certificate of independent nurse practitioner issued by a national certifying agency recognized by the board.
(c) Notwithstanding any law, the board shall specify the scope of practice of an independent nurse practitioner to include all of the following:
(1) The nursing practice of a nurse practitioner as set forth in Article 8 (commencing with Section 2834) performed under the supervision of a supervising physician and surgeon as set forth in that article.
(2) Specific aspects of the nursing practice of a nurse practitioner as set forth in Article 8 (commencing with Section 2834), including, but not limited to, standardized procedures, as set forth in Section 2725, that may be independently performed by an independent nurse practitioner. Functions identified by the board pursuant to this paragraph may be performed by an independent nurse practitioner, certified pursuant to this article, without the supervision of a physician and surgeon. An independent nurse practitioner shall be authorized to practice independently pursuant to this paragraph only in underserved geographic areas, as determined by the board.
(d) No person shall advertise or hold himself or herself out as an “independent nurse practitioner” unless the person is certified by the board as an independent nurse practitioner pursuant to this article.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.