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AB-2578 Nursing: students in out-of-state nursing programs.(2023-2024)

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Date Published: 06/24/2024 09:00 PM
AB2578:v97#DOCUMENT

Amended  IN  Senate  June 24, 2024
Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2578

Introduced by Assembly Member Flora
(Principal coauthor: Assembly Member Gipson)

February 14, 2024

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


LEGISLATIVE COUNSEL'S DIGEST


AB 2578, as amended, Flora. Nursing: students in out-of-state nursing programs.
Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing to license and regulate the practice of nursing. The act prohibits a person from engaging in the practice of nursing without an active license but authorizes a student to render nursing services incidental to the student’s course of study, as specified.
This bill would additionally authorize a student to render nursing services if the student is a resident of the state and enrolled in a prelicensure distance education nursing program based at an out-of-state private postsecondary educational institution, as defined, for the purpose of gaining clinical experience in a clinical setting that meets certain criteria, including that the program is accredited by a programmatic accreditation entity recognized by the United States Department of Education and that the program maintains minimum faculty to student faculty-to-student ratios required of board-approved programs for in-person clinical experiences. The bill would require the student to be supervised in person by a registered nurse licensed by the board while rendering nursing services. The services, as specified, and would require payment to the board of a one-time fee of $100 per student placed in clinical experience in this state.
This bill would prohibit a clinical agency or facility from offering nonacute clinical experience placements to an out-of-state private postsecondary educational institution if the placements are needed to fulfill the clinical experience requirements of in-state students enrolled in a board-approved nursing program. The bill would require the program to provide initial and subsequent reports to the board, as specified. The bill would require the initial reports to include, among other things, proof of programmatic accreditation and good standing, with an attestation under penalty of perjury that the program will notify the board within 10 days of any changes in status. By expanding the scope of the crime of perjury, 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: NOYES  

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


SECTION 1.

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

2729.
 A student may render nursing services if those services are incidental to the course of study of one of the following:
(a) A student enrolled in a board-approved prelicensure program or school of nursing.
(b) A nurse licensed in another state or country taking a board-approved continuing education course or a postlicensure course.
(c) (1) A student who is a resident of the state and enrolled in a prelicensure distance education nursing program based at an out-of-state private postsecondary educational institution for the purpose of gaining clinical experience in a clinical setting that meets all of the following criteria:
(A) The program is accredited by a programmatic accreditation entity recognized by the United States Department of Education.
(B) The board does not otherwise approve the program.
(C) (i) The student placement does not impact any students already assigned to the agency or facility.
(ii) The program shall provide, upon request by the board, a current list of all upcoming California facility clinical placements for students.
(D) The program shall utilize clinical placements only in nonacute care facilities.

(D)

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

(E)

(F) The program qualifies graduates for licensure under this chapter. chapter, pursuant to board curriculum requirements.

(F)

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

(G)

(H) The program pays a one-time fee of one hundred dollars ($100) to the board for each student under this subdivision who participates in clinical experience placements in the state.
(I) The program meets all applicable Bureau of Private Postsecondary Education regulatory requirements.
(J) The program’s California instructors meet the same faculty requirements as required by the board for in-state schools.
(2) A student described by this subdivision shall be supervised in person by a registered nurse licensed by the board pursuant to this chapter while rendering nursing services. services, who shall ensure compliance with this chapter.
(3) A clinical agency or facility shall not offer clinical experience placements to an out-of-state private postsecondary educational institution if the placements are needed to fulfill the clinical experience requirements of an in-state student enrolled in a board-approved nursing program.
(4) The program shall provide initial and subsequent annual reports to the board.
(A) The initial report, which shall be submitted before initial clinical placements occur, shall include all of the following:
(i) Proof of programmatic accreditation with an attestation under penalty of perjury that the program will notify the board within 10 days of any changes in accreditation status.
(ii) Proof that the program is in good standing with its home-state nursing regulatory body with an attestation under penalty of perjury that the program will notify the board within 10 days of any changes in status.
(iii) A schedule of planned clinical placements at California health care facilities for the current year, with accompanying payment of fees, that includes locations, dates, hours, and number of students.
(iv) A list of California clinical instructors who meet the board requirements for in-state school instructors, detailing instructor names and California RN license numbers.
(B) The annual report, which shall be submitted to the board by January 31 of each subsequent year, shall include all of the following:
(i) A clinical placement report detailing the locations, dates, and number of students placed at California health care facilities during the previous calendar year.
(ii) A schedule of planned clinical placements detailing the locations, dates, hours, and number of students scheduled at California health care facilities for the current calendar year.
(iii) Accounting and reconciliation of the fee owed to the board for newly placed students for the previous year, and payment for the newly placed students planned for the current year.
(iv) A list of California clinical instructors who meet the board requirements for in-state school instructors, detailing instructor names and California RN license numbers.

(4)

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

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.