reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 9 - Clinical Nurse Specialists › Section 2838.

2838. No person shall advertise or hold himself or herself out as a “clinical nurse specialist” unless he or she is a nurse licensed under this chapter, and meets the standards for a clinical nurse specialist established by the board.
(Added by Stats. 1997, Ch. 159, Sec. 3. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 2838.3.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 9 - Clinical Nurse Specialists › Section 2838.1.

2838.1. (a) On and after July 1, 1998, any registered nurse who holds themselves out as a clinical nurse specialist or who desires to hold themselves out as a clinical nurse specialist shall, within the time prescribed by the board and before their next license renewal or the issuance of an initial license, submit their education, experience, and other credentials, and any other information required by the board to determine that the person qualifies to use the title “clinical nurse specialist.”
(b) Upon finding that a person is qualified to hold themselves out as a clinical nurse specialist, the board shall appropriately indicate on the license issued or renewed that the person is qualified to use the title “clinical nurse specialist.” The board shall also issue to each qualified person a certificate indicating that the person is qualified to use the title “clinical nurse specialist.”
(Amended by Stats. 2023, Ch. 510, Sec. 51. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 9 - Clinical Nurse Specialists › Section 2838.2.

2838.2. (a) A clinical nurse specialist is a registered nurse with advanced education, who participates in expert clinical practice, education, research, consultation, and clinical leadership as the major components of their role.
(b) The board may establish categories of clinical nurse specialists and the standards required to be met for nurses to hold themselves out as clinical nurse specialists in each category. The standards shall take into account the types of advanced levels of nursing practice that are or may be performed and the clinical and didactic education, experience, or both needed to practice safety at those levels. In setting the standards, the board shall consult with clinical nurse specialists, physicians and surgeons appointed by the Medical Board of California with expertise with clinical nurse specialists, and health care organizations that use clinical nurse specialists.
(c) A registered nurse who meets one of the following requirements may apply to become a clinical nurse specialist:
(1) Possession of a master’s degree in a clinical field of nursing.
(2) Possession of a master’s degree in a clinical field related to nursing with coursework in the components referred to in subdivision (a).
(3) On or before July 1, 1998, meets the following requirements:
(A) Current licensure as a registered nurse.
(B) Performs the role of a clinical nurse specialist as described in subdivision (a).
(C) Meets any other criteria established by the board.
(d) (1) A nonrefundable fee of not less than five hundred dollars ($500), but not to exceed one thousand five hundred dollars ($1,500) shall be paid by a registered nurse applying to be a clinical nurse specialist for the evaluation of their qualifications to use the title “clinical nurse specialist.”
(2) The fee to be paid for a temporary certificate to practice as a clinical nurse specialist shall be not less than thirty dollars ($30) nor more than fifty dollars ($50).
(3) A biennial renewal fee shall be paid upon submission of an application to renew the clinical nurse specialist certificate and shall be established by the board at no less than one hundred fifty dollars ($150) and no more than one thousand dollars ($1,000).
(4) The penalty fee for failure to renew a certificate within the prescribed time shall be 50 percent of the renewal fee in effect on the date of the renewal of the license, but not less than seventy-five dollars ($75) nor more than five hundred dollars ($500).
(5) The fees authorized by this subdivision shall not exceed the amount necessary to cover the costs to the board to administer this section.
(Amended by Stats. 2023, Ch. 510, Sec. 52. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 9 - Clinical Nurse Specialists › Section 2838.3.

2838.3. This article shall become operative on July 1, 1998.
(Added by Stats. 1997, Ch. 159, Sec. 3. Effective January 1, 1998. Note: This section prescribed a delayed operative date for Article 9, commencing with Section 2838.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 9 - Clinical Nurse Specialists › Section 2838.4.

2838.4. Nothing in this article shall be construed to limit, revise, or expand the current scope of practice of a registered nurse.
(Added by Stats. 1997, Ch. 159, Sec. 3. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 2838.3.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2840.

2840. This chapter of the Business and Professions Code constitutes the chapter on vocational nursing and may be cited as the Vocational Nursing Practice Act.
(Added by Stats. 1951, Ch. 1689.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2840.5.

2840.5. (a) The Legislature hereby declares the practice of licensed vocational nursing to be a profession.
(b) This section shall not be construed to affect the laws relating to the practice of registered nursing, including the provisions of Chapter 6 (commencing with Section 2700), nor any existing regulations relating to registered nurse staffing of licensed health facilities.
(c) The intent of this section shall not be construed to mean that licensed vocational nurses are to be considered as professional employees as defined in Sections 3507.3 and 3533 of the Government Code.
(Added by Stats. 1973, Ch. 734.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2841.

2841. (a) There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, which consists of 11 members.
(b) As used in this chapter, “board” means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(c) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Amended by Stats. 2021, Ch. 632, Sec. 1. (AB 1536) Effective January 1, 2022. Repealed as of January 1, 2025, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2841.1.

2841.1. Protection of the public shall be the highest priority for the Board of Vocational Nursing and Psychiatric Technicians of the State of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
(Added by Stats. 2002, Ch. 107, Sec. 11. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2841.2.

2841.2. Notwithstanding any other law, the repeal of Section 2841 renders the successor entity to the board in Section 2841 subject to review by the appropriate policy committees of the Legislature.
(Added by Stats. 2017, Ch. 586, Sec. 2. (AB 1229) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2841.3.

2841.3. If the board is made inoperative or is repealed, the director may, until December 31, 2024, assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative.
(Amended by Stats. 2021, Ch. 632, Sec. 2. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2842.

2842. (a) Each member of the board shall be a citizen of the United States and a resident of the State of California. The board shall have the following composition:
(1) Two members shall be duly licensed vocational nurses who have been licensed for a period of not less than three years prior to appointment.
(2) Two members shall be licensed psychiatric technicians, each of whom shall have had not less than five years’ experience in a psychiatric hospital, or in a psychiatric unit of a hospital licensed by the State Department of Health Services, or a private institution licensed by the State Department of Health Services.
(3) One member shall be a licensed vocational nurse or registered nurse who shall have had not less than five years’ experience as a teacher or administrator in an accredited school of vocational nursing.
(4) Six members shall be public members who are not licentiates of the board or any other board under this division or of any board referred to in Sections 1000 and 3600.
(b) No person may serve as a member of the board for more than two consecutive terms.
(c) Per diem and expenses of members of the board who are licensed psychiatric technicians shall be paid solely from revenues received pursuant to Chapter 10 (commencing with Section 4500) of Division 2.
(Amended by Stats. 1997, Ch. 759, Sec. 19. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2843.

2843. Members of the board shall be appointed for a term of four years. Vacancies occurring shall be filled by appointment for the unexpired term.
Appointments to the office shall be for a term of four years expiring on June 1st.
The Governor shall appoint four of the public members and the licensed members of the board qualified as provided in Section 2842. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member, and their initial appointment shall be made to fill, respectively, the first and second public member vacancies which occur on or after January 1, 1983.
(Amended by Stats. 1999, Ch. 655, Sec. 41.2. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2845.

2845. The Governor has the power to remove any member of the board from office for neglect of any duty required by law, or for incompetency, or unprofessional or dishonorable conduct.
(Added by Stats. 1951, Ch. 1689.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2846.

2846. The board at its first meeting after appointment, and annually thereafter at its first meeting in each year, shall elect from its members a president, vice president, and such other officers as it may deem necessary. The officers of the board shall hold their respective positions during its pleasure.
(Added by Stats. 1951, Ch. 1689.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2847.1.

2847.1. (a) Except as provided in subdivision (f), the board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties.
(b) The executive officer shall not be a member of the board.
(c) With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(d) The executive officer shall be entitled to traveling and other necessary expenses in the performance of their duties. The executive officer shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(e) Commencing January 1, 2018, the executive officer appointed by the board pursuant to subdivision (a) is abolished. Thereafter, until January 1, 2022, the executive officer shall be appointed as set forth in Section 2847.3.
(f) Commencing January 1, 2022, the executive officer shall, again, be selected by the board as set forth in subdivision (a), except that any executive officer in office on December 31, 2021, shall continue in the position as executive officer of the board until the position is vacated or the board selects another executive officer.
(g) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Amended by Stats. 2021, Ch. 632, Sec. 3. (AB 1536) Effective January 1, 2022. Repealed as of January 1, 2025, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2847.6.

2847.6. The board shall submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitor’s recommendations pursuant to Section 2847.5.
(Added by Stats. 2017, Ch. 586, Sec. 6. (AB 1229) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2848.

2848. The board for the purpose of transacting its business shall meet at least twice each year, at times and places it designates by resolution.
(Amended by Stats. 1994, Ch. 1275, Sec. 17. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2849.

2849. Special meetings may be held at such times as the board may elect, or on the call of the president of the board, or of not less than five members thereof.
A written notice of the time, place, and object of any special meeting shall be mailed by the executive officer to all members of the board who are not parties to the call, at least 15 days before the day of the meeting.
(Amended by Stats. 1983, Ch. 85, Sec. 3.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2851.

2851. Six members of the board constitute a quorum for transaction of business at any meeting.
(Amended by Stats. 2002, Ch. 810, Sec. 24. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2852.

2852. The board shall keep a record of all its proceedings, including a register of all applicants for licenses under this chapter and the action of the board upon each application.
(Added by Stats. 1951, Ch. 1689.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2853.

2853. The office of the board shall be in the City of Sacramento. Suboffices may be established in Los Angeles and San Francisco and such records as may be necessary may be transferred temporarily to them. Legal proceedings against the board may be instituted in any county in which any of the three cities above mentioned is located.
(Added by Stats. 1951, Ch. 1689.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2854.

2854. The board shall prosecute all persons guilty of violating the provisions of this chapter.
It may employ such clerical assistance as it may deem necessary to carry into effect the provisions of this chapter. The board may fix the compensation to be paid for such services and may incur such other expenses as it may deem necessary.
The board may adopt, amend, or repeal such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of this chapter. Such rules and regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act.
(Amended by Stats. 1971, Ch. 716.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2857.

2857. The board shall issue a license designated as a vocational nurse license.
(Amended by Stats. 2021, Ch. 632, Sec. 5. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 1 - Administration › Section 2858.

2858. The board shall accept in payment of any fee required by this chapter cash or any customary or generally accepted medium of exchange, including check, cashier’s check, certified check or postal money order. For the purposes of this section, customary or generally accepted medium of exchange does not include postage stamps.
(Added by Stats. 1957, Ch. 1468.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2859.1.

2859.1. (a) For purposes of this chapter, the following definitions apply:
(1) “Naturopathic doctor” means a person who holds a current, active, and unrestricted license pursuant to the Naturopathic Doctors Act (Chapter 8.2 commencing with Section 3610).
(2) (A) “Supervision” or “supervising,” as used in connection with the supervision of a licensed vocational nurse by a naturopathic doctor, means the supervision of procedures authorized by this section and Section 2859 that are within the scope of practice of the naturopathic doctor, and means that a naturopathic doctor oversees the activities of, and accepts responsibility for, those services described in this section and Section 2859 that are performed by a supervised licensed vocational nurse. “Supervision” in this context does not require the physical presence of a naturopathic doctor, but does require both of the following:
(i) Adherence to adequate supervision as agreed to in the practice agreement described in Section 2859.
(ii) The naturopathic doctor being available by telephone at the time the licensed vocational nurse examines the patient.
(B) This definition does not prohibit the board from requiring the physical presence of a naturopathic doctor as a term or condition of the discipline, reinstatement, or probation of a licensed vocational nurse.
(b) This section does not authorize a naturopathic doctor to supervise or direct a licensed vocational nurse to start or superimpose intravenous fluids in a manner that would violate Section 2860.5, including by performing the procedure outside of an organized health care system.
(c) This section does not authorize a licensed vocational nurse to perform any of the following acts:
(1) Administering Botox, Juvederm, Kybella, or glutathione injections.
(2) Performing platelet-rich plasma therapy.
(3) Performing skin growth removal procedures.
(4) Performing other cosmetic procedures outside the scope of practice of a licensed vocational nurse, as determined by the board.
(5) Administering laser, light, steam, or ultraviolet treatment therapies, unless directed by a physician and surgeon or naturopathic doctor for a medically necessary purpose.
(6) Starting or superimposing intravenous fluids independently in unsupervised home care or other unauthorized setting.
(d) This section does not authorize an unlicensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse.
(e) This section does not authorize a licensed naturopathic doctor to hire, direct, or supervise a licensed vocational nurse who has a license that is not current and active.
(f) If a naturopathic doctor provides supervision of a licensed vocational nurse who has a restricted license due to a probationary order, then the supervising naturopathic doctor shall ensure that they comply and provide supervision within the terms of the probationary order.
(Added by Stats. 2022, Ch. 713, Sec. 2. (SB 994) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2860.

2860. (a) This chapter confers no authority to practice medicine or surgery, to provide respiratory care services and treatment, or to undertake the prevention, treatment, or cure of disease, pain, injury, deformity, or mental or physical condition in violation of any provision of law.
(b) Notwithstanding subdivision (a), a licensed vocational nurse who has received training and who demonstrates competency satisfactory to their employer may, when directed by a physician and surgeon, perform respiratory tasks and services expressly identified by the Respiratory Care Board of California pursuant to subdivision (a) of Section 3702.5.
(Amended by Stats. 2022, Ch. 624, Sec. 1. (SB 1436) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2860.5.

2860.5. (a) Subject to subdivision (b), a licensed vocational nurse when directed by a licensed physician and surgeon or naturopathic doctor may do all of the following:
(1) Administer medications by hypodermic injection.
(2) Withdraw blood from a patient, if the licensed vocational nurse has been instructed by a licensed physician and surgeon and has demonstrated competence to the licensed physician and surgeon in the proper procedure to be employed when withdrawing blood, or has satisfactorily completed a prescribed course of instruction approved by the board, or has demonstrated competence to the satisfaction of the board.
(3) Start and superimpose intravenous fluids if all of the following additional conditions are satisfied:
(A) The licensed vocational nurse has satisfactorily completed a prescribed course of instruction approved by the board or has demonstrated competence to the satisfaction of the board.
(B) The procedure is performed in an organized health care system in accordance with the written standardized procedures adopted by the organized health care system as formulated by a committee which includes representatives of the medical, nursing, and administrative staffs. “Organized health care system,” as used in this section, includes facilities licensed pursuant to Section 1250 of the Health and Safety Code, clinics, home health agencies, physician’s offices, naturopathic doctor’s offices, and public or community health services. Standardized procedures so adopted will be reproduced in writing and made available to total medical and nursing staffs.
(C) If the licensed vocational nurse is directed by a naturopathic doctor, the naturopathic doctor is qualified to administer intravenous therapy under Section 3640.8.
(b) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this section that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.
(c) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or a naturopathic doctor.
(Amended by Stats. 2022, Ch. 713, Sec. 3. (SB 994) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2860.7.

2860.7. (a) (1) A licensed vocational nurse, acting under the direction of a licensed physician and surgeon or naturopathic doctor may perform any of the following:
(A) Tuberculin skin tests, coccidioidin skin tests, and histoplasmin skin tests, providing such administration is within the course of a tuberculosis control program.
(B) Immunization techniques, providing such administration is upon standing orders of a supervising licensed physician and surgeon or naturopathic doctor, or pursuant to written guidelines adopted by a hospital or medical group with whom the supervising licensed physician and surgeon or naturopathic doctor is associated.
(2) A licensed vocational nurse acting solely under the direction of a naturopathic doctor shall only perform the functions specified in this subdivision that are within the scope of authorized activities for a licensed naturopathic doctor under Section 3640.
(b) The supervising licensed physician and surgeon or naturopathic doctor under whose direction the licensed vocational nurse is acting pursuant to subdivision (a) shall require the licensed vocational nurse to do all of the following:
(1) Satisfactorily demonstrate competence in the administration of immunizing agents, including knowledge of all indications and contraindications for the administration of such agents, and in the recognition and treatment of any emergency reactions to such agents which constitute a danger to the health or life of the person receiving the immunizations.
(2) Possess such medications and equipment as required, in the medical judgment of the supervising licensed physician and surgeon or naturopathic doctor, to treat any emergency conditions and reactions caused by the immunizing agents and which constitute a danger to the health or life of the person receiving the immunization, and to demonstrate the ability to administer such medications and to utilize such equipment as necessary.
(c) This section does not require physical presence of a directing or supervising licensed physician and surgeon or naturopathic doctor, or the examination by a licensed physician and surgeon or naturopathic doctor of persons to be tested or immunized.
(d) The changes made to this section by the act adding this subdivision do not authorize a licensed vocational nurse acting under the direction of a naturopathic doctor to perform any function outside the existing scope of practice of a licensed vocational nurse or naturopathic doctor.
(Amended by Stats. 2022, Ch. 713, Sec. 4. (SB 994) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2861.

2861. This chapter does not prohibit the performance of nursing services by any person not licensed under this chapter; provided, that such person shall not in any way assume to practice as a licensed vocational nurse.
(Added by Stats. 1951, Ch. 1689.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2861.5.

2861.5. A person licensed under this chapter who in good faith renders emergency care at the scene of an emergency which occurs outside both the place and the course of his employment shall not be liable for any civil damages as the result of acts or omissions in rendering the emergency care. This section shall not be construed to grant immunity from civil damage to any person whose conduct in rendering emergency care is grossly negligent.
(Added by Stats. 1974, Ch. 824.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2862.

2862. Vocational nursing services may be rendered by a student enrolled in an approved school of vocational nursing when these services are incidental to the student’s course of study.
(Amended by Stats. 2021, Ch. 632, Sec. 9. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2863.

2863. This chapter does not prohibit vocational nursing or the care of the sick, with or without compensation or personal profit, when done by the adherents of and in connection with the practice of the religious tenets of any well recognized church or denomination, so long as they do not otherwise engage in the practice of vocational nursing.
(Added by Stats. 1951, Ch. 1689.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2864.

2864. Every licensee under this chapter may be known as a licensed vocational nurse and may place the letters “L.V.N.” after the licensee’s name.
(Amended by Stats. 2021, Ch. 632, Sec. 10. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2866.

2866. An applicant for a vocational nurse license shall comply with each of the following:
(a) Be at least 17 years of age.
(b) Have successfully completed at least an approved course of study through the 12th grade or the equivalent thereof as specified by the board.
(c) Have successfully completed the prescribed course of study in an approved school of vocational nursing or have graduated from a school which, in the opinion of the board, maintains and gives a course which is equivalent to the minimum requirements for an approved school of vocational nursing in this state.
(d) Not be subject to denial of licensure under Section 480.
(Amended by Stats. 2021, Ch. 632, Sec. 11. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2867.

2867. An applicant for a license authorizing the practice of vocational nursing in this state under this chapter, upon the filing of an application for a vocational nurse license on a form prescribed by the board, shall pay the fee required by this chapter.
(Amended by Stats. 2021, Ch. 632, Sec. 12. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2867.5.

2867.5. Every person to whom a license is issued shall, as a condition precedent to its issuance and in addition to any other fee that may be payable, pay the initial license fee prescribed by this chapter.
(Amended by Stats. 2017, Ch. 586, Sec. 9. (AB 1229) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2867.6.

2867.6. After receiving the results of having passed the examination and upon receipt of the initial license fee required by subdivision (h) of Section 2895, the board shall issue a receipt or temporary certificate which will serve as a valid permit for the licensee to practice under this chapter.
(Amended by Stats. 2021, Ch. 632, Sec. 13. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2868.

2868. The board shall hold not less than two examinations each year for applicants desirous of practicing vocational nursing in this State, at such times and places as the board may determine.
(Added by Stats. 1951, Ch. 1689.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2870.

2870. Examinations shall be written, but in the discretion of the board may be supplemented by an oral or practical examination in such subjects as the board determines. All examinations shall be conducted by such persons and in such manner and under such rules and regulations as the board may prescribe.
The board shall finally pass or reject all applicants. Its actions shall be final and conclusive and not subject to review by any court or other authority.
(Added by Stats. 1951, Ch. 1689.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2871.

2871. Any applicant who fails to pass the first examination may take a second examination upon payment of the fee required by this chapter.
(Amended by Stats. 2021, Ch. 632, Sec. 14. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2872.

2872. The board shall issue a license to each applicant who passes the examination. The form of the license shall be determined in accordance with Section 164.
(Amended by Stats. 1971, Ch. 716.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2872.1.

2872.1. The board upon written application and receipt of the required application fee may issue a license without examination to any applicant who possesses a valid, unrevoked license as a vocational nurse or practical nurse issued by any other state or a foreign country, and who in the opinion of the board meets all the other requirements set forth in Sections 2866 and 2873.
(Added by Stats. 1955, Ch. 1884.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2872.2.

2872.2. (a) An applicant for license by examination shall submit a written application in the form prescribed by the board.
(b) If the application for licensure by examination is received by the board no later than four months after completion of a board-approved nursing program and approval of the application, the board may issue an interim permit authorizing the applicant to practice vocational nursing pending the results of the first licensing examination, or for a period of nine months, whichever occurs first. An applicant may submit an application for an interim permit at the same time as the applicant submits an application for licensure by examination. The board shall make a decision whether to issue the interim permit and, if the board decides to issue the interim permit, shall issue the interim permit to the applicant within 60 days of receiving the completed application.
(c) If the applicant passes the examination, the interim permit shall remain in effect until an initial license is issued by the board or for a maximum period of six months after passing the examination, whichever occurs first. If the applicant fails the examination, the interim permit shall terminate upon notice by certified mail, return receipt requested, or if the applicant fails to receive the notice, upon the date specified in the interim permit, whichever occurs first.
(d) A permittee shall function under the supervision of a licensed vocational nurse or a registered nurse, who shall be present and available on the premises during the time the permittee is rendering professional services. The supervising licensed vocational nurse or registered nurse may delegate to the permittee any function taught in the permittee’s basic nursing program.
(e) An interim permittee shall not use any title or designation other than vocational nurse interim permittee or “V.N.I.P.”
(Amended by Stats. 2021, Ch. 632, Sec. 15. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2872.3.

2872.3. (a) Applicants and licensees shall provide the board a physical mailing address.
(b) Applicants and licensees shall provide the board an electronic mail address no later than July 1, 2022. Unless an applicant specifies in writing a preference for regular mail, the board shall direct all license-related correspondence to applicants and licensees using the electronic mail address on file, including, but not limited to, renewal notices and deficiency notices.
(c) The board may annually send an electronic notice to applicants and licensees to confirm their electronic mail address is current.
(Added by Stats. 2021, Ch. 632, Sec. 16. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2873.

2873. Any person possessing either the education or the experience, or any combination of both the education and the experience, equivalent to that acquired in an approved school of vocational nursing may be licensed as a vocational nurse under the provisions of this chapter, provided that the person successfully demonstrates to the board that the person possesses the necessary qualifications, and successfully passes the examinations or tests as may from time to time be required by the board.
(Amended by Stats. 2021, Ch. 632, Sec. 17. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2873.5.

2873.5. Any person who has served on active duty in the medical corps of any of the armed forces, in which no less than an aggregate of 12 months was spent in rendering bedside patient care, and who has completed the basic course of instruction in nursing required by the person’s particular branch of the armed forces, and whose service in the armed forces has been under honorable conditions, or whose general discharge has been under honorable conditions, shall be granted a license upon proof that the person possesses the necessary qualifications of this section, as set forth in the person’s service records, and upon the passing of an examination.
(Amended by Stats. 2021, Ch. 632, Sec. 18. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 2 - Scope of Regulation › Section 2873.6.

2873.6. (a) Any person who on the effective date of this section is employed as a medical technical assistant or as a senior medical technical assistant by the Department of Corrections and Rehabilitation, who served on active duty in the medical corps of any of the Armed Forces of the United States or who served in the United States Public Health Service, in which no less than an aggregate of 12 months was spent in rendering patient care, who completed the basic course of instruction in nursing required by the United States Public Health Service, or by a particular branch of the armed forces, and who was honorably discharged therefrom, shall be granted an employment restricted license upon proof that the person possesses the necessary qualifications of this section as set forth in the person’s service and discharge records. An employment restricted license issued pursuant to this subdivision shall authorize the holder thereof to practice vocational nursing only within a facility of the Department of Corrections and Rehabilitation and shall be valid only for the period of employment. In order to obtain a nonrestricted license as a vocational nurse, a medical technical assistant shall apply and take the examination as required and normally administered by the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(b) On and after the effective date of this section, no person shall be appointed as a medical technical assistant by the Department of Corrections and Rehabilitation unless the person complies with one of the following:
(1) Is a licensed vocational nurse or a registered nurse.
(2) Has served on active duty in the medical corps of any of the Armed Forces of the United States or who served in the United States Public Health Service, in which no less than an aggregate of 12 months was spent in rendering patient care, who completed the basic course of instruction in nursing required by the United States Public Health Service, or by a particular branch of the armed forces, and who has been honorably discharged therefrom. The Department of Corrections and Rehabilitation is authorized only to hire persons who are eligible for licensure, and as a condition of employment shall require that those persons obtain a license as a vocational nurse within six months of employment. The person shall be supervised by a registered nurse or physician and surgeon and shall not administer medications until licensed.
(c) Notwithstanding subdivision (a), any person who was granted a restricted vocational nurse’s license pursuant to that subdivision and who was employed in the psychiatric unit of the California Medical Facility at the time of the unit’s transfer from the Department of Corrections to the State Department of Mental Health on July 1, 1988, shall continue to hold their license.
(Amended by Stats. 2021, Ch. 632, Sec. 19. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 3 - Disciplinary Proceedings › Section 2875.

2875. Every licensee may be disciplined as provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
(Added by Stats. 1951, Ch. 1689.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 3 - Disciplinary Proceedings › Section 2876.

2876. (a) The board shall discipline the holder of any license, whose default has been entered or who has been heard by the board and found guilty, by any of the following methods:
(1) Suspending judgment.
(2) Placing the licensee on probation.
(3) Suspending the licensee’s right to practice vocational nursing for a period not exceeding one year.
(4) Revoking the licensee’s license.
(5) Taking such other action in relation to disciplining the licensee as the board in its discretion may deem proper.
(b) The board shall delegate to its executive office the authority to adopt a decision entered by default and a stipulation for surrender of a license.
(Amended by Stats. 2021, Ch. 632, Sec. 20. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 3 - Disciplinary Proceedings › Section 2877.

2877. If the holder of a license is suspended, the licensee shall not be entitled to practice vocational nursing during the term of suspension and shall return the license to the board.
Upon the expiration of the term of suspension, the licensee shall be reinstated by the board and shall be entitled to resume the practice of vocational nursing unless it is established to the satisfaction of the board that the licensee has practiced vocational nursing in this state during the term of suspension. In this event, the board shall revoke the license.
(Amended by Stats. 2021, Ch. 632, Sec. 21. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 3 - Disciplinary Proceedings › Section 2878.1.

2878.1. (a) If a licensed vocational nurse has knowledge that another person has committed any act prohibited by Section 2878, the licensed vocational nurse shall report this information to the board in writing and shall cooperate with the board in furnishing information or assistance as may be required.
(b) Any employer of a licensed vocational nurse shall report to the board the suspension or termination for cause, or resignation for cause, of any licensed vocational nurse in its employ. In the case of licensed vocational nurses employed by the state, the report shall not be made until after the conclusion of the review process specified in Section 52.6 of Title 2 of the California Code of Regulations and Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194. This required reporting shall not constitute a waiver of confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (d) and shall not be subject to discovery in civil cases.
(c) An employment agency or nursing registry shall report to the board the rejection from assignment of a licensed vocational nurse by a health facility or home health care provider due to acts that would be cause for suspension or termination as described in subdivision (d).
(d) For purposes of this section, “suspension, termination, or resignation for cause” or “rejection from assignment” are defined as suspension, termination, or resignation from employment, or rejection from assignment, for any of the following reasons:
(1) Use of controlled substances or alcohol to the extent that it impairs the licensee’s ability to safely practice vocational nursing.
(2) Unlawful sale of a controlled substance or other prescription items.
(3) Patient or client abuse, neglect, physical harm, or sexual contact with a patient or client.
(4) Falsification of medical records.
(5) Gross negligence or incompetence.
(6) Theft from patients or clients, other employees, or the employer.
(e) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
(f) Pursuant to Section 43.8 of the Civil Code, no person shall incur any civil penalty as a result of making any report required by this chapter.
(g) The board shall implement this section contingent upon the necessary funding in the annual Budget Act.
(h) For purposes of this section, “employer” includes employment agencies and nursing registries.
(Amended by Stats. 2021, Ch. 632, Sec. 23. (AB 1536) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6.5 - Vocational Nursing › ARTICLE 3 - Disciplinary Proceedings › Section 2878.2.

2878.2. The board shall share all complaints and information related to investigations involving respiratory care services, as described in Chapter 8.3 (commencing with Section 3700), including, but not limited to, data, findings, interviews, and evidence, with the Respiratory Care Board of California.
(Added by Stats. 2022, Ch. 624, Sec. 2. (SB 1436) Effective January 1, 2023.)