Today's Law As Amended


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AB-1364 Nursing: schools and programs: exemptions.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 2786 of the Business and Professions Code is amended to read:

2786.
 (a) 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 less 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).
(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) For purposes of this chapter, an “exempt approved school of nursing,” or an “exempt approved nursing program,” means a school or program that meets the following requirements:
(A) Is accredited and maintains accreditation through a national nursing accrediting agency recognized by the United States Department of Education or is a public institution.
(B) Is accredited through a regional accrediting agency.
(C) Maintains a minimum pass rate of 80 percent on the licensing examination under this chapter for a minimum of two consecutive academic years.
(D) Maintains an official cohort default rate, as calculated by the United States Department of Education annually, that is less than 7.5 percent.
(d) (E)  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. Maintains debt-to-earnings rates, as calculated by the United States Department of Education, that qualify as passing under Sections 668.403 to 668.406, inclusive, of Title 34 of the Code of Federal Regulations as of January 1, 2017. 
(e) (3)  (1) (A)  Graduation requirements for an  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: seeking exempt status shall submit an application to the board, and the board shall approve the application if the requirements under paragraph (2) are met. 
(A) (B)  Identification of previous or current unconscious biases and misinformation. An exempt approved school of nursing, or an exempt approved nursing program, shall continue to notify the board of substantive changes and other changes as defined by board regulations and the national and regional accreditors. 
(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. An exempt approved school of nursing, or an exempt approved nursing program, shall continue to submit annual reports to the board. 
(D) An exempt approved school of nursing, or an exempt approved nursing program, shall apply for continuing approval five years after initial approval or its last continuing approval.
(4) An exempt approved school of nursing, or an exempt approved nursing program, shall not be required to pay fees or seek board approval for the changes to the following if the changes are approved by the applicable accreditors or within the scope of the program’s accreditation:
(A) Faculty.
(B) Enrollments.
(C) Clinical simulation hours in a skills lab, up to 50 percent of the total number of clinical hours.
(D) Information on the effects, including, but not limited to, ongoing personal effects, of historical and contemporary exclusion and oppression of minority communities. Clinical experience placements at a clinical agency or facility that is already approved by the board to provide clinical practice hours for the exempt school or program and if the program staff of the facility and the exempt school or program attest under penalty of perjury that the new clinical placements will not displace existing placements and all parties are in compliance with Section 2786.3. 
(E) Information about cultural identity across racial or ethnic groups. Clinical experience placements at a clinical agency or facility if the facility is approved by the board to provide clinical practice hours and if the program staff of the facility and the exempt school or program attest under penalty of perjury that the new clinical placements will not displace existing placements and all parties are in compliance with Section 2786.3. 
(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) (d)  This subdivision shall not be construed to do any of the following: 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. 
(A) Affect the requirements for licensure under this chapter.
(B) Require a curriculum revision.
(C) Affect licensure by endorsement under this chapter.

SEC. 2.

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

2786.3.
 (a) An institution of higher education or a private postsecondary school of nursing subject to Section 2786 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 pass-through fees for purposes of credentialing, databank registration, or similar fees shall not constitute a violation of subdivision (a).
SEC. 3.
 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.