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2009 Legislative Updates

During the 2009 Legislative Session, many bills of general interest to the Board or those having potential impact on the administration of the Board were followed. Although these bills address many subjects, each affects registered nursing in some way. There were thirty-six (36) bills followed by the Board, six (6) were signed into law by the Governor, five (5) were vetoed and twenty-five (25) failed in committees or were no longer applicable to the Board. The following is a brief description of the chaptered bills followed by the Board. Unless otherwise stated, the statutes of 2009 became effective January 1, 2010.

For additional information, please refer to www.leginfo.ca.gov.

Assembly Bills

Senate Bills

AB 48 (Portantino & Niello)
Chapter 310, Statutes of 2009
Private postsecondary education: DCA (Link to AB 48)
AB 48 revises and recasts the Private Postsecondary and Vocational Education Reform Act of 1989 into the California Private Postsecondary Education Act of 2009, provides for the transition to the bureau for the Private Postsecondary Education, outlines its responsibilities, provides for the approval, regulation, and enforcement of private postsecondary educational institutions, establishes reporting requirements, and repeals the Act on January 1, 2016.

AB 1071 (Emmerson)
Chapter 270, Statutes of 2009
Professions and Vocations (Link to AB 1071)
AB 1071 amends, adds, and repeals sections of the Business and Professions Code, relating to professions and vocations.It provides Sunset extensions for several boards, including the Board of Registered Nursing.  The Board of Registered Nursing will sunset January 1, 2013.

AB 1116 (Carter)
Chapter 509, Statutes of 2009
Cosmetic Surgery (Link to AB 1116)
AB 1116 enacts the Donda West Law, which prohibits the performance of an elective cosmetic surgery procedure on a patient unless, within 30 days prior to the procedure, the patient has received an appropriate physical examination by, and has received written clearance for the procedure from, a licensed physician and surgeon, a certified nurse practitioner, or a licensed physician assistant, as specified, or, as applied to an elective facial cosmetic surgery procedure, a licensed dentist or licensed physician and surgeon. It requires the physical examination to include the taking of an appropriate medical history, to be confirmed on the day of the procedure.

AB 1295 (Fuller)
Chapter 283, Statutes of 2009
Postsecondary education:  nursing degree programs (Link to AB 1295)
AB 1295 requires the Chancellor of the California State University to implement articulated nursing degree transfer pathways between the California Community Colleges and CSU prior to the commencement of the 2012–13 academic year. It requires the articulated nursing degree transfer pathways to meet prescribed requirements and authorizes the Chancellor of the California State University and the Chancellor of the California Community Colleges to appoint representatives from their respective institutions to work collaboratively to provide advice and assistance relating to prescribed topics. It also requires the Legislative Analyst’s Office, by March 15, 2011, to prepare and submit to the Legislature and Governor a report on the status of plans to implement the articulated nursing degree transfer pathways.

SB 112 (Oropeza)
Chapter 559, Statutes of 2009
Hemodialysis Technicians (Link to SB 112)
SB112 revises the training requirements for certified hemodialysis technicians (CHT) and prohibits an individual from providing services as a hemodialysis technician without being certified by the Department of Public Health as a CHT.  It requires the individual to meet certain educational and work requirements, including the successful completion of a training program approved by the medical director and governing body of a hemodialysis clinic or unit, under the direction of a registered nurse.

SB 819 (Committee on Business, Professions, and Economic Development)
Chapter 308, Statutes of 2009
Professions and vocations (Link to SB 819)
SB 819 requires a petition by a registered nurse whose initial license application is subject to a disciplinary decision to be filed after a specified time period from the date upon which his or her initial license was issued.

It also authorizes the implementation of standardized procedures that expand the duties of a nurse practitioner in the scope of his or her practice, as follows:

  • Order durable medical equipment, subject to any limitations set forth in the standardize procedure.
  • Certify a disability, after performance of a physical examination and collaboration with a physician.
  • Approve, sign, modify, or add to a plan of treatment or plan of care, for individuals receiving home health services or personal care services, after consultation with the treating physician.