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AB-2288 Nursing programs: state of emergency.(2019-2020)

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Date Published: 05/18/2020 09:00 PM
AB2288:v98#DOCUMENT

Revised  May 22, 2020
Amended  IN  Assembly  May 18, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2288


Introduced by Assembly Member Low
(Coauthors: Assembly Members Arambula, Chiu, Fong, Gallagher, Grayson, Irwin, Obernolte, and Smith)
(Coauthor: Senator Caballero)

February 14, 2020


An act to add Section 4052.11 to the Business and Professions Code, relating to pharmacy. An act to add Section 2786.3 to the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2288, as amended, Low. Schedule II controlled substances: partial fill. Nursing programs: state of emergency.
Existing law, the Nursing Practice Act, provides for the licensure and regulation of the practice of nursing by the Board of Registered Nursing and requires an applicant for licensure to have completed a nursing program at a school of nursing that is approved by the board. Existing regulatory law sets forth curriculum requirements for nursing programs, including preceptorships and clinical practice hours, and also requirements for clinical facilities that may be used for clinical experience.
This bill would authorize the director of an approved nursing program to use a clinical setting without meeting specified requirements, including approval by the board, when the Governor declares a state of emergency in the county in which the facility is located. The bill would also authorize the director to use preceptorships without having to maintain written policies on specified matters that would otherwise be required, and to request that the approved nursing program be allowed to substitute up to an additional 25% of clinical practice hours in a course not in direct patient care, subject to specified conditions and requirements. The bill would make those provisions subject to approval by a board nurse education consultant and would require the board nurse education consultant to use a uniform standard for granting approvals.

Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. The law specifies the functions pharmacists are authorized to perform, including to administer, orally or topically, drugs and biologicals pursuant to a prescriber’s order, and to administer immunizations pursuant to a protocol with a prescriber. Existing law authorizes a pharmacist to dispense a Schedule II controlled substance as a partial fill if requested by the patient or prescriber. A violation of the Pharmacy Law is a crime.

This bill would require a pharmacist to offer, to a patient, to dispense a Schedule II controlled substance containing an opioid as a partial fill if the prescription is for greater than 7 days. By expanding the scope of a crime, the 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: YESNO  

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


SECTION 1.

 Section 2786.3 is added to the Business and Professions Code, to read:

2786.3.
 (a) When the Governor declares a state of emergency for the county in which an agency or facility that is used by an approved nursing program for direct patient care clinical practice is located, the director of the approved nursing program may do the following:
(1) Utilize a clinical setting without the following, if approved by a board nurse education consultant:
(A) Approval by the board.
(B) Written agreements with the clinical facility.
(C) Submitting evidence of compliance with board regulations, except as necessary for a board nurse education consultant to ensure course objectives will be met.
(2) Utilize preceptorships during the state of emergency 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) (A) Request that the approved nursing program be allowed to substitute up to an additional 25 percent of clinical practice hours required by the board in a course not in direct patient care for clinical practice hours in a course in direct patient care if all of the following conditions are met:
(i) The agency or facility being used by the approved nursing program for direct patient care clinical practice is no longer available for use by the approved nursing program due to the conditions giving rise to the state of emergency.
(ii) No alternative agency or facility located within 25 miles of the impacted approved nursing program, campus, or location, as applicable, is available to the approved nursing program for direct patient care clinical practice hours in the same subject matter area.
(iii) 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.
(iv) Substitute clinical practice hours not in direct patient care shall cease as soon as practicable once the applicable state of emergency is lifted.
(B) If the conditions in subparagraph (A) are met, a board nurse education consultant shall approve the request. If an approved nursing program fails to submit information satisfactory to the board, or fails to meet the conditions specified in subparagraph (A), a board nurse 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.
(b) A board nurse education consultant shall use a uniform standard consistent with Section 2708.1 for granting approvals under this section.

SECTION 1.Section 4052.11 is added to the Business and Professions Code, to read:
4052.11.

A pharmacist shall offer, to a patient, to dispense a Schedule II controlled substance, as listed in Section 11055 of the Health and Safety Code, containing an opioid as a partial fill, pursuant to Section 4052.10, if the prescription is for greater than seven days.

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.

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REVISIONS:
Heading—Line 2.
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