reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2 - Scope of Regulation › Section 2736.5.

2736.5. (a) (1) The board shall adopt regulations to require that, on and after January 1, 2022, all continuing education courses for licensees under this chapter contain curriculum that includes the understanding of implicit bias.
(2) Beginning January 1, 2023, continuing education providers shall ensure compliance with paragraph (1). Beginning January 1, 2023, the board shall audit continuing education providers, pursuant to Section 2811.5.
(b) Notwithstanding the provisions of subdivision (a), a continuing education course dedicated solely to research or other issues that does not include a direct patient care component is not required to contain curriculum that includes implicit bias in the practice of nursing.
(c) In order to satisfy the requirements of subdivision (a), continuing education courses shall address at least one or a combination of the following:
(1) Examples of how implicit bias affects perceptions and treatment decisions of licensees, leading to disparities in health outcomes.
(2) Strategies to address how unintended biases in decisionmaking may contribute to health care disparities by shaping behavior and producing differences in medical treatment along lines of race, ethnicity, gender identity, sexual orientation, age, socioeconomic status, or other characteristics.
(Added by Stats. 2019, Ch. 417, Sec. 3. (AB 241) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2 - Scope of Regulation › Section 2736.6.

2736.6. The board shall determine by regulation the additional preparation in nursing, in a school approved by the board, which is required for a vocational nurse, licensed under Chapter 6.5 (commencing with Section 2840) of this division, to be eligible to take the examination for licensure under this chapter as a registered nurse. The board shall not require more than 30 units in nursing and related science subjects to satisfy such preparation.
(Added by Stats. 1969, Ch. 1541.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2 - Scope of Regulation › Section 2737.

2737. An applicant for a license authorizing him to practice nursing in this State under this chapter, upon the filing of his application shall pay the fee required by this chapter.
(Repealed and added by Stats. 1939, Ch. 807.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2 - Scope of Regulation › Section 2740.

2740. 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. 1939, Ch. 807.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2 - Scope of Regulation › Section 2741.

2741. An application for reexamination shall be accompanied by the fees prescribed by this chapter.
(Amended by Stats. 2005, Ch. 621, Sec. 38. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2 - Scope of Regulation › Section 2742.

2742. The board shall issue a license to each applicant who passes the examination and meets all other licensing requirements. The form of the license shall be determined in accordance with Section 164.
(Amended by Stats. 1987, Ch. 850, Sec. 13.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2.5 - Nurse-Midwives › Section 2746.

2746. The board shall issue a certificate to practice nurse-midwifery to any person who qualifies under this article and is licensed pursuant to the provisions of this chapter.
(Added by Stats. 1974, Ch. 1407.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2.5 - Nurse-Midwives › Section 2746.1.

2746.1. Every applicant for a certificate to practice nurse-midwifery shall comply with all the provisions of this article in addition to the provisions of this chapter.
(Added by Stats. 1974, Ch. 1407.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2.5 - Nurse-Midwives › Section 2746.2.

2746.2. (a) An applicant shall show by evidence satisfactory to the board that they have met the educational standards established by the board or have at least the equivalent thereof.
(b) (1) The board shall appoint a committee of qualified physicians and surgeons and nurses called the Nurse-Midwifery Advisory Committee.
(2) The committee shall make recommendations to the board on all matters related to midwifery practice, education, appropriate standard of care, and other matters as specified by the board. The committee shall provide recommendations or guidance on care when the board is considering disciplinary action against a certified nurse-midwife.
(3) The committee shall consist of four qualified nurse-midwives, two qualified physicians and surgeons, including, but not limited to, obstetricians or family physicians, and one public member.
(4) If the board is unable, despite good faith efforts, to solicit and appoint committee members pursuant to the specifications in paragraph (3), the committee may continue to make recommendations pursuant to paragraph (2).
(Amended by Stats. 2020, Ch. 88, Sec. 3. (SB 1237) Effective January 1, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2.5 - Nurse-Midwives › Section 2746.3.

2746.3. Midwife’s certificates issued by the Medical Board of California prior to the effective date of this article shall be renewable only by such board.
(Amended by Stats. 1989, Ch. 886, Sec. 53.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2.5 - Nurse-Midwives › Section 2746.4.

2746.4. Nothing in this article shall be construed to prevent the practice of midwifery by a person possessing a midwife’s certificate issued by the Medical Board of California on the effective date of this article.
(Amended by Stats. 1989, Ch. 886, Sec. 54.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2.5 - Nurse-Midwives › Section 2746.52.

2746.52. (a) Notwithstanding Section 2746.5, the certificate to practice nurse-midwifery authorizes the holder to perform and repair episiotomies, and to repair first-degree and second-degree lacerations of the perineum.
(b) A certified nurse-midwife performing and repairing first-degree and second-degree lacerations of the perineum shall do both of the following:
(1) Ensure that all complications are referred to a physician and surgeon immediately.
(2) Ensure immediate care of patients who are in need of care beyond the scope of practice of the certified nurse-midwife, or emergency care for times when a physician and surgeon is not on the premises.
(Amended by Stats. 2020, Ch. 88, Sec. 6. (SB 1237) Effective January 1, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2.5 - Nurse-Midwives › Section 2746.53.

2746.53. The board may charge the applicant a fee to cover all necessary costs to implement Section 2746.51, that shall be not more than one thousand five hundred dollars ($1,500) for an initial application, nor more than one thousand dollars ($1,000) for an application for renewal. The board may charge a penalty fee for failure to renew a furnishing number within the prescribed time that shall be not more than five hundred dollars ($500).
(Amended by Stats. 2022, Ch. 413, Sec. 9. (AB 2684) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2.5 - Nurse-Midwives › Section 2746.54.

2746.54. (a) A certified nurse-midwife shall disclose in oral and written form to a prospective patient as part of a patient care plan, and obtain informed consent for, all of the following:
(1) The patient is retaining a certified nurse-midwife and the certified nurse-midwife is not supervised by a physician and surgeon.
(2) The certified nurse-midwife’s current licensure status and license number.
(3) The practice settings in which the certified nurse-midwife practices.
(4) If the certified nurse-midwife does not have liability coverage for the practice of midwifery, the certified nurse-midwife shall disclose that fact.
(5) There are conditions that are outside of the scope of practice of a certified nurse-midwife that will result in a referral for a consultation from, or transfer of care to, a physician and surgeon.
(6) The specific arrangements for the referral of complications to a physician and surgeon for consultation. The certified nurse-midwife shall not be required to identify a specific physician and surgeon.
(7) The specific arrangements for the transfer of care during the prenatal period, hospital transfer during the intrapartum and postpartum periods, and access to appropriate emergency medical services for mother and baby if necessary, and recommendations for preregistration at a hospital that has obstetric emergency services and is most likely to receive the transfer.
(8) If, during the course of care, the patient is informed that the patient has or may have a condition indicating the need for a mandatory transfer, the certified nurse-midwife shall initiate the transfer.
(9) The availability of the text of laws regulating certified nurse-midwifery practices and the procedure for reporting complaints to the Board of Registered Nursing, which may be found on the Board of Registered Nursing’s internet website.
(10) Consultation with a physician and surgeon does not alone create a physician-patient relationship or any other relationship with the physician and surgeon. The certified nurse-midwife shall inform the patient that certified nurse-midwife is independently licensed and practicing midwifery and in that regard is solely responsible for the services the certified nurse-midwife provides.
(b) The disclosure and consent shall be signed by both the certified nurse-midwife and the patient and a copy of the disclosure and consent shall be placed in the patient’s medical record.
(c) The Nurse-Midwifery Advisory Committee, in consultation with the board, may recommend to the board the form for the written disclosure and informed consent statement required to be used by a certified nurse-midwife under this section.
(d) This section shall not apply when the intended site of birth is the hospital setting.
(Added by Stats. 2020, Ch. 88, Sec. 7. (SB 1237) Effective January 1, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2.5 - Nurse-Midwives › Section 2746.6.

2746.6. (a) The board shall not suspend or revoke a certificate to practice nurse-midwifery solely for performing an abortion if the holder performed the abortion in accordance with the provisions of this chapter and the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
(b) Notwithstanding any other law, including, but not limited to, Sections 141, 480, 490, and 2761, the board shall not deny an application for certification as a certified nurse-midwife, or suspend, revoke, or otherwise impose discipline upon a person certified in this state to practice nurse-midwifery under either of the following circumstances:
(1) The person is licensed or certified to practice nurse-midwifery in another state and was disciplined in that state solely for performing an abortion in that state.
(2) The person is licensed or certified to practice nurse-midwifery in another state and was convicted in that state for an offense related solely to the performance of an abortion in that state.
(Added by Stats. 2022, Ch. 565, Sec. 2. (AB 2626) Effective September 27, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2.5 - Nurse-Midwives › Section 2746.7.

2746.7. An applicant for certification pursuant to this article shall submit a written application in the form prescribed by the board, accompanied by the fee prescribed by Section 2815.5.
(Added by Stats. 1974, Ch. 1407.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 2.5 - Nurse-Midwives › Section 2746.8.

2746.8. (a) Each certificate issued pursuant to this article shall be renewable biennially, and each person holding a certificate under this article shall apply for a renewal of the certificate and pay the biennial renewal fee required by Section 2815.5 every two years on or before the last day of the month following the month in which their birthday occurs, beginning with the second birthday following the date on which the certificate was issued, whereupon the board shall renew the certificate.
(b) Each certificate that is not renewed in accordance with this section shall expire, but may, within a period of eight years, be reinstated upon payment of the biennial renewal fee and penalty fee required by Section 2815.5 and submission of proof of the applicant’s qualifications as may be required by the board. During the eight-year period, no examination shall be required as a condition for the reinstatement of an expired certificate that has lapsed solely by reason of nonpayment of the renewal fee. After the expiration of the eight-year period, the board may require, as a condition of reinstatement, that the applicant pass an examination as it deems necessary to determine the applicant’s present fitness to resume the practice of nurse-midwifery.
(Amended by Stats. 2023, Ch. 510, Sec. 32. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3 - Disciplinary Proceedings › Section 2750.

2750. Every certificate holder or licensee, including licensees holding temporary licenses, or licensees holding licenses placed in an inactive status, may be disciplined as provided in this article. As used in this article, “license” includes certificate, registration, or any other authorization to engage in practice regulated by this chapter. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
(Amended by Stats. 1994, Ch. 1275, Sec. 13. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3 - Disciplinary Proceedings › Section 2751.

2751. (a) Notwithstanding any other law, the board may, in its discretion, accept the surrender of a license through a stipulated agreement in the absence of a pleading when the ability of a registered nurse to practice nursing safely is impaired due to mental or physical illness.
(b) This alternative proceeding shall apply only to cases that would otherwise have been processed pursuant to Section 820.
(c) Until the time that the licensee signs the stipulated agreement for license surrender, he or she may elect to have the disciplinary process conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) The stipulated agreement in this alternative proceeding shall specify that:
(1) The license surrender shall be public information and shall be considered a disciplinary action.
(2) The licensee may petition the board for reinstatement after a period of not less than one year after the effective date of the decision.
(3) Any reinstatement proceeding shall be conducted pursuant to Section 2760.1.
(4) Upon seeking reinstatement, it is the responsibility of the former licensee to submit competent evidence of the ability to safely and competently practice as a registered nurse.
(Added by Stats. 2002, Ch. 1011, Sec. 6. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3 - Disciplinary Proceedings › Section 2759.

2759. 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:
(a) Suspending judgment.
(b) Placing upon them probation.
(c) Suspending their right to practice nursing for a period not exceeding one year.
(d) Revoking their license.
(e) Taking other action in relation to disciplining them as the board in its discretion may deem proper.
(Amended by Stats. 2023, Ch. 510, Sec. 33. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3 - Disciplinary Proceedings › Section 2760.

2760. (a) If the holder of a license is suspended, they shall not be entitled to practice nursing during the term of suspension.
(b) Upon expiration of the term of suspension, they shall be reinstated by the board and shall be entitled to resume the practice of nursing unless it is established to the satisfaction of the board that they have practiced nursing in this state during the term of suspension. In this event, the board shall revoke their license.
(Amended by Stats. 2023, Ch. 510, Sec. 34. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3 - Disciplinary Proceedings › Section 2761.1.

2761.1. (a) The board shall not suspend or revoke the certification or license of a nurse practitioner solely for performing an abortion if the holder performed the abortion in accordance with the provisions of this chapter and the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
(b) Notwithstanding any other law, including, but not limited to, Sections 141, 480, 490, and 2761, the board shall not deny an application for certification or licensure as a nurse practitioner, or suspend, revoke, or otherwise impose discipline upon a person certified or licensed in this state as a nurse practitioner under either of the following circumstances:
(1) The person is licensed or certified as a nurse practitioner in another state and was disciplined in that state solely for performing an abortion in that state.
(2) The person is licensed or certified as a nurse practitioner in another state and was convicted in that state for an offense related solely to the performance of an abortion in that state.
(Added by Stats. 2022, Ch. 565, Sec. 3. (AB 2626) Effective September 27, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3 - Disciplinary Proceedings › Section 2761.5.

2761.5. It is the intent of the Legislature to provide for a study of reporting mechanisms to the board so that it can identify methods of receiving timely information on nurses who may have violated this chapter. The California Research Bureau shall prepare and deliver a report to the Legislature by January 1, 2019, that evaluates to what extent employers voluntarily report disciplined nurses to the board and offers options for consistent and reasonable reporting mechanisms. The report shall include, but not be limited to, the following:
(a) A review of existing mandatory reporting requirements that alert the board to nurses who may have violated this chapter.
(b) A review of existing laws permitting, prohibiting, encouraging, or discouraging voluntary reporting to the board.
(c) An analysis of the number of employer reports to the board, the number of those reports investigated by the board, and the final action taken by the board for each report.
(d) Employer reporting requirements of other boards within the department.
(e) Nursing reporting requirements of other states.
(Added by Stats. 2017, Ch. 520, Sec. 5. (SB 799) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3 - Disciplinary Proceedings › Section 2762.

2762. In addition to other acts constituting unprofessional conduct within the meaning of this chapter, it is unprofessional conduct for a person licensed under this chapter to do any of the following:
(a) Obtain or possess in violation of law, or prescribe, or except as directed by a licensed physician and surgeon, dentist, or podiatrist administer to themselves, or furnish or administer to another, any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code or any dangerous drug or dangerous device as defined in Section 4022.
(b) Use any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug or dangerous device as defined in Section 4022, or alcoholic beverages, to an extent or in a manner dangerous or injurious to themselves, any other person, or the public or to the extent that such use impairs their ability to conduct with safety to the public the practice authorized by their license.
(c) Be convicted of a criminal offense involving the prescription, consumption, or self-administration of any of the substances described in subdivisions (a) and (b) of this section, or the possession of, or falsification of a record pertaining to, the substances described in subdivision (a) of this section, in which event the record of the conviction is conclusive evidence thereof.
(d) Be committed or confined by a court of competent jurisdiction for intemperate use of or addiction to the use of any of the substances described in subdivisions (a) and (b) of this section, in which event the court order of commitment or confinement is prima facie evidence of such commitment or confinement.
(e) Falsify, or make grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital, patient, or other record pertaining to the substances described in subdivision (a) of this section.
(Amended by Stats. 2023, Ch. 510, Sec. 36. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3 - Disciplinary Proceedings › Section 2764.

2764. The lapsing or suspension of a license by operation of law or by order or decision of the board or a court of law, or the voluntary surrender of a license by a licentiate shall not deprive the board of jurisdiction to proceed with any investigation of or action or disciplinary proceeding against such license, or to render a decision suspending or revoking such license.
(Added by Stats. 1953, Ch. 1053.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3 - Disciplinary Proceedings › Section 2765.

2765. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a registered nurse is deemed to be a conviction within the meaning of this article. The board may order the license or certificate suspended or revoked, or may decline to issue a license or certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.
(Amended by Stats. 2023, Ch. 510, Sec. 37. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.1 - Intervention Program › Section 2770.

2770. It is the intent of the Legislature that the Board of Registered Nursing seek ways and means to identify and rehabilitate registered nurses whose competency may be impaired due to abuse of alcohol and other drugs, or due to mental illness so that registered nurses so afflicted may be rehabilitated and returned to the practice of nursing in a manner that will not endanger the public health and safety. It is also the intent of the Legislature that the Board of Registered Nursing shall implement this legislation by establishing an intervention program as a voluntary alternative to traditional disciplinary actions.
(Amended by Stats. 2015, Ch. 426, Sec. 22. (SB 800) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.1 - Intervention Program › Section 2770.1.

2770.1. As used in this article:
(a) “Board” means the Board of Registered Nursing.
(b) “Committee” means an intervention evaluation committee created by this article.
(c) “Program manager” means the staff manager of the intervention program, as designated by the executive officer of the board. The program manager shall have background experience in dealing with substance abuse issues.
(Amended by Stats. 2015, Ch. 426, Sec. 23. (SB 800) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.1 - Intervention Program › Section 2770.2.

2770.2. (a) One or more intervention evaluation committees is hereby created in the state to be established by the board. Each committee shall be composed of five persons appointed by the board. No board member shall serve on any committee.
(b) Each committee shall have the following composition:
(1) Three registered nurses, holding active California licenses, who have demonstrated expertise in the field of chemical dependency or psychiatric nursing.
(2) One physician, holding an active California license, who specializes in the diagnosis and treatment of addictive diseases or mental illness.
(3) One public member who is knowledgeable in the field of chemical dependency or mental illness.
(c) It shall require a majority vote of the board to appoint a person to a committee. Each appointment shall be at the pleasure of the board for a term not to exceed four years. In its discretion the board may stagger the terms of the initial members appointed.
(Amended by Stats. 2015, Ch. 426, Sec. 24. (SB 800) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.1 - Intervention Program › Section 2770.3.

2770.3. Each member of a committee shall receive per diem and expenses as provided in Section 103.
(Added by Stats. 1984, Ch. 865, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.1 - Intervention Program › Section 2770.4.

2770.4. Three members of a committee shall constitute a quorum for the transaction of business at any meeting. Any action requires a majority vote of the committee.
(Added by Stats. 1984, Ch. 865, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.1 - Intervention Program › Section 2770.7.

2770.7. (a) The board shall establish criteria for the acceptance, denial, or termination of registered nurses in the intervention program. Only those registered nurses who have voluntarily requested to participate in the intervention program shall participate in the program.
(b) A registered nurse under current investigation by the board may request entry into the intervention program by contacting the board. Before authorizing a registered nurse to enter into the intervention program, the board may require the registered nurse under current investigation for any violations of this chapter or any other provision of this code to execute a statement of understanding that states that the registered nurse understands that any violations that would otherwise be the basis for discipline may still be investigated and may be the subject of disciplinary action in accordance with this section.
(c) (1) Neither acceptance nor participation in the intervention program shall preclude the board from investigating or continuing to investigate, or, except as provided in this subdivision, taking disciplinary action or continuing to take disciplinary action against, any registered nurse for any unprofessional conduct committed before, during, or after participation in the intervention program.
(2) The board may investigate at its discretion complaints against registered nurses participating in the intervention program.
(3) Disciplinary action with regard to acts committed before or during participation in the intervention program shall not take place unless the registered nurse withdraws or is terminated from the program.
(d) All registered nurses shall sign an agreement of understanding that the withdrawal or termination from the intervention program at a time when the program manager or intervention evaluation committee determines the licentiate presents a threat to the public’s health and safety shall result in the utilization by the board of intervention program treatment records in disciplinary or criminal proceedings.
(e) Any registered nurse terminated from the intervention program for failure to comply with program requirements is subject to disciplinary action by the board for acts committed before, during, and after participation in the intervention program. A registered nurse who has been under investigation by the board and has been terminated from the intervention program by an intervention evaluation committee shall be reported by the intervention evaluation committee to the board.
(Amended by Stats. 2023, Ch. 510, Sec. 39. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.1 - Intervention Program › Section 2770.8.

2770.8. A committee created under this article operates under the direction of the intervention program manager. The program manager has the primary responsibility to review and evaluate recommendations of the committee. Each committee shall have the following duties and responsibilities:
(a) To evaluate those registered nurses who request participation in the program according to the guidelines prescribed by the board, and to make recommendations.
(b) To review and designate those treatment services to which registered nurses in an intervention program may be referred.
(c) To receive and review information concerning a registered nurse participating in the program.
(d) To consider in the case of each registered nurse participating in a program whether he or she may with safety continue or resume the practice of nursing.
(e) To call meetings as necessary to consider the requests of registered nurses to participate in an intervention program, and to consider reports regarding registered nurses participating in a program.
(f) To make recommendations to the program manager regarding the terms and conditions of the intervention agreement for each registered nurse participating in the program, including treatment, supervision, and monitoring requirements.
(Amended by Stats. 2015, Ch. 426, Sec. 26. (SB 800) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.1 - Intervention Program › Section 2770.9.

2770.9. The committee shall inform each registered nurse who requests participation in a program of the procedures followed in the program, of the rights and responsibilities of the registered nurse in the program, and of the possible results of noncompliance with the program.
(Added by Stats. 1984, Ch. 865, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.1 - Intervention Program › Section 2770.10.

2770.10. Notwithstanding Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to public meetings, a committee may convene in closed session to consider reports pertaining to any registered nurse requesting or participating in an intervention program. A committee shall only convene in closed session to the extent that it is necessary to protect the privacy of such a licentiate.
(Amended by Stats. 2015, Ch. 426, Sec. 27. (SB 800) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.1 - Intervention Program › Section 2770.11.

2770.11. (a) Each registered nurse who requests participation in an intervention program shall agree to cooperate with the rehabilitation program designed by the committee and approved by the program manager. Any failure to comply with a rehabilitation program may result in termination of the registered nurse’s participation in a program. The name and license number of a registered nurse who is terminated for any reason, other than successful completion, shall be reported to the board’s enforcement program.
(b) If the program manager determines that a registered nurse, who is denied admission into the program or terminated from the program, presents a threat to the public or their own health and safety, the program manager shall report the name and license number, along with a copy of all intervention program records for that registered nurse, to the board’s enforcement program. The board may use any of the records it receives under this subdivision in any disciplinary proceeding.
(Amended by Stats. 2023, Ch. 510, Sec. 38. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.1 - Intervention Program › Section 2770.12.

2770.12. (a) After the committee and the program manager in their discretion have determined that a registered nurse has successfully completed the intervention program, all records pertaining to the registered nurse’s participation in the intervention program shall be purged.
(b) All board and committee records and records of a proceeding pertaining to the participation of a registered nurse in the intervention program shall be kept confidential and are not subject to discovery or subpoena, except as specified in subdivision (b) of Section 2770.11 and subdivision (c).
(c) A registered nurse shall be deemed to have waived any rights granted by any laws and regulations relating to confidentiality of the intervention program, if he or she does any of the following:
(1) Presents information relating to any aspect of the intervention program during any stage of the disciplinary process subsequent to the filing of an accusation, statement of issues, or petition to compel an examination pursuant to Article 12.5 (commencing with Section 820) of Chapter 1. The waiver shall be limited to information necessary to verify or refute any information disclosed by the registered nurse.
(2) Files a lawsuit against the board relating to any aspect of the intervention program.
(3) Claims in defense to a disciplinary action, based on a complaint that led to the registered nurse’s participation in the intervention program, that he or she was prejudiced by the length of time that passed between the alleged violation and the filing of the accusation. The waiver shall be limited to information necessary to document the length of time the registered nurse participated in the intervention program.
(Amended by Stats. 2015, Ch. 426, Sec. 29. (SB 800) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.1 - Intervention Program › Section 2770.13.

2770.13. The board shall provide for the legal representation of any person making reports under this article to a committee or the board in any action for defamation directly resulting from those reports regarding a registered nurse’s participation in an intervention program.
(Amended by Stats. 2015, Ch. 426, Sec. 30. (SB 800) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.1 - Intervention Program › Section 2770.14.

2770.14. (a) The board shall produce reports which include, but are not limited to, information concerning the number of cases accepted, denied, or terminated with compliance or noncompliance.
(b) The board shall conduct a periodic cost analysis of the program.
(Amended by Stats. 1999, Ch. 655, Sec. 41. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.5 - Nursing Corporations › Section 2775.

2775. A nursing corporation is a corporation which is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services who are registered nurses are in compliance with the Moscone-Knox Professional Corporation Act, the provisions of this article and all other statutes and regulations now or hereafter enacted or adopted pertaining to such corporation and the conduct of its affairs.
With respect to a nursing corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Board of Registered Nursing.
(Added by Stats. 1981, Ch. 621, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.5 - Nursing Corporations › Section 2776.

2776. It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly or indirectly, or assist in or abet the violation of, or conspire to violate any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws.
(Added by Stats. 1981, Ch. 621, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.5 - Nursing Corporations › Section 2777.

2777. A nursing corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any statute or regulation, now or hereafter in effect. In the conduct of its practice, it shall observe and be bound by such statutes and regulations to the same extent as a person holding a license under this chapter.
(Added by Stats. 1981, Ch. 621, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.5 - Nursing Corporations › Section 2778.

2778. The name of a nursing corporation and any name or names under which it may render professional services shall contain the words “nursing” or “registered nursing,” and wording or abbreviations denoting corporate existence.
(Added by Stats. 1981, Ch. 621, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.5 - Nursing Corporations › Section 2779.

2779. Except as provided in Sections 13401.5 and 13403 of the Corporations Code, each shareholder, director and officer of a nursing corporation, except an assistant secretary and an assistant treasurer, shall be a licensed person as defined in Section 13401 of the Corporations Code.
(Added by Stats. 1981, Ch. 621, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.5 - Nursing Corporations › Section 2780.

2780. The income of a nursing corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of the shareholder or their shares in the nursing corporation.
(Amended by Stats. 2023, Ch. 510, Sec. 40. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 3.5 - Nursing Corporations › Section 2781.

2781. The board may adopt and enforce regulations to carry out the purposes and objectives of this article, including regulations requiring (a) that the bylaws of a nursing corporation shall include a provision whereby the capital stock of such corporation owned by a disqualified person (as defined in Section 13401 of the Corporations Code), or a deceased person, shall be sold to the corporation or to the remaining shareholders of such corporation within such time as such regulations may provide, and (b) that a nursing corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services.
(Added by Stats. 1981, Ch. 621, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 4 - Nursing Schools › Section 2785.

2785. The board shall prepare and maintain a list of approved schools of nursing in this state whose graduates, if they have the other necessary qualifications provided in this chapter, shall be eligible to apply for a license to practice nursing in this state.
(Amended by Stats. 1983, Ch. 742, Sec. 5.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 4 - Nursing Schools › Section 2785.5.

2785.5. The board shall establish a workgroup, or use an existing committee, to encourage and facilitate efficient transfer agreements or other enrollment models between associate degree nursing programs and baccalaureate degree nursing programs so students are able to complete the baccalaureate program without unnecessary repetition of coursework.
(Added by Stats. 2004, Ch. 271, Sec. 1. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 4 - Nursing Schools › Section 2786.1.

2786.1. (a) The board shall deny the application for approval made by, and shall revoke the approval given to, any school of nursing that does not give student applicants credit in the field of nursing for military education and experience by the use of challenge examinations or other methods of evaluation.
(b) The board shall adopt regulations by January 1, 2017, requiring schools to have a process to evaluate and grant credit for military education and experience. The regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The word “credit,” as used in this subdivision, is limited to credit for licensure only. The board is not authorized to prescribe the credit that an approved school of nursing shall give toward an academic certificate or degree.
(c) The board shall review a school’s policies and practices regarding granting credit for military education and experience at least once every five years to ensure consistency in evaluation and application across schools. The board shall post on its Internet Web site information related to the acceptance of military coursework and experience at each approved school.
(Added by Stats. 2015, Ch. 489, Sec. 6. (SB 466) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 4 - Nursing Schools › Section 2786.2.

2786.2. (a) A private postsecondary school of nursing approved by the board pursuant to subdivision (b) of Section 2786 shall comply with Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code. The board shall have a memorandum of understanding with the Bureau for Private Postsecondary Education to delineate the powers of the board to review and approve schools of nursing and the powers of the bureau to protect the interest of students attending institutions governed by the California Private Postsecondary Education Act of 2009, Chapter 8 (commencing with Section 94800) of Division 10 of Title 3 of the Education Code.
(b) (1) For approved schools of nursing that are actively accredited by an institutional or programmatic accreditor recognized by the United States Department of Education, the board shall, without requiring additional documentation or action, do the following, unless unrelated to the scope of accreditation:
(A) Perform site inspections jointly with accreditors.
(B) Accept continuing accreditation decisions from accreditors.
(C) Accept faculty hiring decisions made by the approved program director.
(D) Accept the self-study required by programmatic accreditors as a substitute for board self-study or data collection if the following are met:
(i) The program provides a crosswalk connecting the items in the report to the board’s regulatory requirements.
(ii) If the report does not address any of the board’s regulatory requirements, the program provides an addendum to the report to address those requirements.
(E) Accept substantive change requests, as defined under the uniform method developed under subdivision (e) of Section 2786, if approved by the accreditor unless the request is a request to increase enrollment or perform a major curriculum revision.
(F) When considering a request to increase enrollment, the board may consider only the following factors related to the ability to adequately train additional students:
(i) Adequacy of resources, including, but not limited to, faculty, facilities, equipment, and supplies.
(ii) Availability of clinical placements.
(iii) Complaints that have been verified by the board from students, faculty, or other interested parties.
(iv) Licensing examination pass rates, graduation rates, and retention rates.
(v) Any other similar factors specified by the board in regulations. The board shall not consider nursing workforce issues, including those identified under Section 2717, as factors for purposes of this subparagraph.
(2) Upon complaint or other evidence that an approved school of nursing does not meet the board’s standards, the board may withhold approval under this subdivision or perform additional site inspections pursuant to Section 2788.
(3) The board may make or withhold approvals under this subdivision prior to the adoption of implementing regulations.
(Amended by Stats. 2022, Ch. 413, Sec. 12. (AB 2684) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 6 - Nursing › ARTICLE 4 - Nursing Schools › Section 2786.4.

2786.4. (a) An institution of higher education or a private postsecondary school of nursing subject to Section 2786, or an entity affiliated with the institution or school of nursing, 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 reasonable administrative fees for purposes of credentialing, databank registration, purchasing supplies, or similar costs or reimbursements does not constitute a violation of subdivision (a).
(Added by Stats. 2022, Ch. 413, Sec. 14. (AB 2684) Effective January 1, 2023.)