reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 3.5 - Citations and Fines › Section 1435.1 - Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A citation shall not be issued in any of the following
				  circumstances:
(a) The violation is of
				such a nature and/or severity that revocation of the license or restrictions on
				the license are necessary in order to ensure consumer protection.
(b) The licensee's conduct displayed a
				disregard for the patient and/or the patient's rights. This includes but is not
				limited to physical abuse; neglect; abandonment; fiduciary abuse (as defined in
				Article 2, Chapter 11 commencing with Section
				15610
				of the Welfare and Institutions Code with additional modification of the
				definitions to include all types of patients); or the deprivation of care or
				services which are necessary to avoid physical harm or mental
				suffering.
(c) The licensee failed
				to comply with any requirement of any previous citation, including any order of
				abatement or fine.
(d) The licensee
				has been previously disciplined by the board or has previously been denied a
				license by the board for the same or similar actions.
(e) The violation involves unprofessional
				conduct related to controlled substances or dangerous drugs.
(f) The violation involves unprofessional
				conduct related to sexual abuse, misconduct or relations with a
				patient.
(g) The licensee was
				convicted of an offense substantially related to the qualifications, functions,
				and duties of a registered nurse and there is insufficient evidence of
				rehabilitation.
1. New section
				  filed 7-12-96; operative 8-11-96 (Register 96, No.
				  28).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 2715,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code; Article 2, Chapter 11 commencing with Section
					 15610,
					 Welfare and Institutions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 3.5 - Citations and Fines › Section 1435.15 - Citation Disclosure and Record Purge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every citation that is issued pursuant to
				this article shall be disclosed to an inquiring member of the public.
(b) Every citation, once it has been resolved
				by payment of the administrative fine and/or compliance with the order of
				abatement, shall be purged three (3) years from the date of resolution, except
				for citations referenced in subsection (c).
(c) No citation shall be purged if issued
				pursuant to CCR Section
				1435.3, and no citation shall be
				purged for any citation issued against an unlicensed individual using the title
				"registered nurse" or the letters "RN" after his or her name.
(d) A citation that has been withdrawn or
				dismissed shall be purged from the board's file as soon as administratively
				feasible, but no more than one year.
1. New section
				  filed 12-16-2002; operative 1-15-2003 (Register 2002, No.
				  51).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 2715,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 3.5 - Citations and Fines › Section 1435.2 - Violations and Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				any citation, the Executive Officer of the board or his/her designee may assess
				a fine for violations of the Nursing Practice Act, any regulation adopted
				pursuant thereto, or any applicable section of the Business and Profession Code
				governing the practice of registered nursing.
(b) The range of fines shall be from
				$0.00-$2500. Fines shall be assessed based on criteria stated in section
				1435.4. In no case shall the total
				fines exceed $2,500 for each investigation.
(c) Notwithstanding the administrative fine
				amounts specified in subsection (b), a citation may include a fine between
				$2,501 and $5,000 if one or more of the following circumstances apply:
1. The citation involves a violation that has
				an immediate relationship to the health and safety of another person.
2. The cited person has a history of two or
				more prior citations of the same or similar violations;
3. The citation involves multiple violations
				that demonstrate a willful disregard of the law.
4. The citation involves a violation or
				violations perpetrated against a senior citizen or person with
				disability.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 3.5 - Citations and Fines › Section 1435.3 - Citations for Unlicensed Individual

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Officer of the board or his/her designee may
				  issue citations, in accordance with Section
				  148 of the Code, against any
				  individual (as defined in section
				  302(e) of the
				  Code) who is performing or who has performed services for which licensure is
				  required under the Nursing Practice Act or regulations adopted pursuant
				  thereto. Citations issued under this section shall meet the requirements set
				  forth in subdivisions (b), (c), (d), and (e) of Section
				  1435 and shall be subject to the
				  provisions of Sections
				  1435.2,
				  1435.4,
				  1435.5 and subdivisions (a), (b),
				  and (c) of Section
				  1435.6. Each citation issued under
				  this section shall contain an order of abatement. The sanction authorized under
				  this section shall be separate from and in addition to any other civil or
				  criminal remedies.
1. New section
				  filed 7-12-96; operative 8-11-96 (Register 96, No. 28).
2. Amendment
				  filed 12-16-2002; operative 1-15-2003 (Register 2002, No.
				  51).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 2715,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 302(e),
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 3.5 - Citations and Fines › Section 1435.4 - Criteria to be Considered in Assessing a Fine or Order of Abatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In any citation which includes a fine or order of abatement,
				  the following factors shall be considered in determining the amount of the fine
				  to be assessed or the terms of the order of abatement:
(a) Gravity of the violation.
(b) History of previous violations of the
				same or similar nature.
(c) Length
				of time that has passed since the date of the violation.
(d) Consequences of the violation, including
				potential or actual patient harm.
(e) The good or bad faith exhibited by the
				cited individual.
(f) Evidence that
				the violation was willful.
(g) The
				extent to which the individual cooperated with the board's
				investigation.
(h) The extent to
				which the individual has remediated any knowledge and/or skills deficiencies
				which could have injured a patient.
(i) Any other mitigating or aggravating
				factors.
1. New section
				  filed 7-12-96; operative 8-11-96 (Register 96, No.
				  28).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 2715,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 3.5 - Citations and Fines › Section 1435.5 - Contested Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The individual cited may, within 14 calendar days after service of the
				citation, submit a written request for an informal citation conference with the
				Executive Officer or his/her designee. The citation decision shall be stayed
				upon receipt of the written request until a final decision has been
				issued.
(b) The Executive Officer
				or his/her designee shall, within 30 calendar days from receipt of the written
				request, hold an informal citation conference with the individual cited and
				his/her legal counsel or authorized representative, if desired.
(c) The Executive Officer or his/her designee
				may affirm, modify or dismiss the citation, including any fine or order of
				abatement, at the conclusion of the informal citation conference. A written
				decision, including the reasons for the decision, shall be mailed to the
				individual and his/her legal counsel, if any, within 14 calendar days from the
				date of the informal citation conference. If the citation is affirmed or
				modified, the individual may, within 30 calendar days from the mailing date of
				the informal citation conference decision, request an administrative hearing.
				The request for an administrative hearing shall be in writing.
(d) In addition to the appeal rights in (a)
				through (c) above, the individual may request an administrative hearing
				provided for in subdivision (b)(4) of Section
				125.9 of the Code within 30 days
				of the date of issuance of the citation or assessment.
1. New section
				  filed 7-12-96; operative 8-11-96 (Register 96, No. 28).
2. Amendment
				  filed 12-16-2002; operative 1-15-2003 (Register 2002, No.
				  51).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 2715,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 3.5 - Citations and Fines › Section 1435.6 - Compliance with Citation/Order of Abatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Orders of abatement may be extended for
				good cause. If a cited individual who has been issued an order of abatement is
				unable to complete the correction within the time set forth in the citation
				because of conditions beyond his/her control after the exercise of reasonable
				diligence, then he/she may request from the Executive Officer or his/her
				designee an extension of time within which to complete the correction. Such a
				request shall be in writing and shall be made within the time set forth for
				abatement.
(b) If a citation is not
				contested, or if the order is appealed and the individual cited does not
				prevail, failure to abate the violation or to pay the assessed fine within the
				time allowed shall constitute a violation and a failure to comply with the
				citation or order of abatement.
(c)
				Failure to timely comply with an order of abatement or pay an assessed fine may
				result in disciplinary action being taken by the board or other appropriate
				judicial relief being taken against the individual cited.
(d) If a fine is not paid after a citation
				has become final, the fine shall be added to the cited individual's license
				renewal fee. A license shall not be renewed without payment of renewal fee and
				fine.
1. New section
				  filed 7-12-96; operative 8-11-96 (Register 96, No. 28).
2. Amendment
				  of subsection (a) filed 12-16-2002; operative 1-15-2003 (Register 2002, No.
				  51).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 2715,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 3.5 - Citations and Fines › Section 1435.7 - Notification to Other Boards and Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After a citation has become final, it shall be reported to
				  other boards of registered nursing and other regulatory
				  agencies.
1. New section
				  filed 7-12-96; operative 8-11-96 (Register 96, No.
				  28).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 2715,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 4 - Grounds for Discipline, Disciplinary Proceedings and Rehabilitation › Section 1441 - Unprofessional Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the conduct described in Section
				  2761 (a) of the
				  Code, "unprofessional conduct" also includes, but is not limited to, the
				  following:
(a) As a licensee, failure
				to provide to the board, as directed, lawfully requested copies of documents
				within 15 days of receipt of the request or within the time specified in the
				request, whichever is later, unless the licensee is unable to provide the
				documents within this time period for good cause, including but not limited to,
				physical inability to access the records in the time allowed due to illness or
				travel. This subsection shall not apply to a licensee who does not have access
				to, and control over, the documents.
(b) Failure to cooperate and participate in
				any board investigation pending against the licensee. This subsection shall not
				be construed to deprive a licensee of any privilege guaranteed by the Fifth
				Amendment to the Constitution of the United States, or any other constitutional
				or statutory privileges. This subsection shall not be construed to require a
				licensee to cooperate with a request that would require the licensee to waive
				any constitutional or statutory privilege or to comply with a request for
				information or other matters within an unreasonable period of time in light of
				the time constraints of the licensee's practice. Any exercise by a licensee of
				any constitutional or statutory privilege shall not be used against the
				licensee in a regulatory or disciplinary proceeding against the
				licensee.
(c) Failure to report to
				the board, within 30 days, any of the following:
(1) The conviction of the licensee, including
				any verdict of guilty, or pleas of guilty or no contest, of any felony or
				misdemeanor.
(2) Any disciplinary
				action taken by another licensing entity or authority of this state or of
				another state or an agency of the federal government or the United States
				military.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 4 - Grounds for Discipline, Disciplinary Proceedings and Rehabilitation › Section 1442 - Gross Negligence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in Section
				  2761 of the code, "gross
				  negligence" includes an extreme departure from the standard of care which,
				  under similar circumstances, would have ordinarily been exercised by a
				  competent registered nurse. Such an extreme departure means the repeated
				  failure to provide nursing care as required or failure to provide care or to
				  exercise ordinary precaution in a single situation which the nurse knew, or
				  should have known, could have jeopardized the client's health or
				  life.
1. New Article
				  4 (Sections
				  1442 and
				  1443) filed 3-26-74; effective
				  thirtieth day thereafter. (Register 74, No. 13). For history of former Article
				  4 (Sections
				  1442 and
				  1443), see Registers 57, No. 15,
				  and 64, No. 3.
2. Amendment filed 5-29-81; effective thirtieth day
				  thereafter (Register 81, No. 22).
3. Amendment filed 6-17-85;
				  effective thirtieth day thereafter (Register 85, No.
				  25).
Note: Authority cited: Section
					 2715,
					 Business and Professions Code. Reference: Section
					 2761,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 4 - Grounds for Discipline, Disciplinary Proceedings and Rehabilitation › Section 1443 - Incompetence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in Section
				  2761 of the code, "incompetence"
				  means the lack of possession of or the failure to exercise that degree of
				  learning, skill, care and experience ordinarily possessed and exercised by a
				  competent registered nurse as described in Section
				  1443.5.
1. Amendment
				  filed 5-29-81; effective thirtieth day thereafter (Register 81, No.
				  22).
2. Amendment filed 6-17-85; effective thirtieth day thereafter
				  (Register 85, No. 25).
Note: Authority cited: Section
					 2715,
					 Business and Professions Code. Reference: Section
					 2761,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 4 - Grounds for Discipline, Disciplinary Proceedings and Rehabilitation › Section 1443.5 - Standards of Competent Performance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A registered nurse shall be considered to be competent when
				  he/she consistently demonstrates the ability to transfer scientific knowledge
				  from social, biological and physical sciences in applying the nursing process,
				  as follows:
(1) Formulates a nursing
				diagnosis through observation of the client's physical condition and behavior,
				and through interpretation of information obtained from the client and others,
				including the health team.
(2)
				Formulates a care plan, in collaboration with the client, which ensures that
				direct and indirect nursing care services provide for the client's safety,
				comfort, hygiene, and protection, and for disease prevention and restorative
				measures.
(3) Performs skills
				essential to the kind of nursing action to be taken, explains the health
				treatment to the client and family and teaches the client and family how to
				care for the client's health needs.
(4) Delegates tasks to subordinates based on
				the legal scopes of practice of the subordinates and on the preparation and
				capability needed in the tasks to be delegated, and effectively supervises
				nursing care being given by subordinates.
(5) Evaluates the effectiveness of the care
				plan through observation of the client's physical condition and behavior, signs
				and symptoms of illness, and reactions to treatment and through communication
				with the client and health team members, and modifies the plan as
				needed.
(6) Acts as the client's
				advocate, as circumstances require, by initiating action to improve health care
				or to change decisions or activities which are against the interests or wishes
				of the client, and by giving the client the opportunity to make informed
				decisions about health care before it is provided.
1. New section
				  filed 6-17-85; effective thirtieth day thereafter (Register 85, No.
				  25).
Note: Authority cited: Section
					 2715,
					 Business and Professions Code. Reference: Sections
					 2725
					 and
					 2761,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 4 - Grounds for Discipline, Disciplinary Proceedings and Rehabilitation › Section 1444 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of denial, suspension,
				or revocation of a license or certificate pursuant to section
				141, Division 1.5 (commencing with
				section 475), or Sections
				2761 or
				2765 of the code, a crime,
				professional misconduct, or act shall be considered to be substantially related
				to the qualifications, functions or duties of a person holding a license or
				certificate under the Nursing Practice Act (Chapter 6 of Division 2 of the
				code), if to a substantial degree it evidences the present or potential
				unfitness of a person holding a license or certificate to perform the functions
				authorized and/or mandated by the license or certificate, or in a manner
				consistent with the public health, safety, or welfare.
(b) In making the substantial relationship
				determination required under subdivision (a) for a crime, the board shall
				consider the following criteria:
(1) The
				nature and gravity of the offense;
(2) The number of years elapsed since the
				date of the offense; and
(3) The
				nature and duties of a registered nurse, or the license or certificate type
				sought or held by the person.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 4 - Grounds for Discipline, Disciplinary Proceedings and Rehabilitation › Section 1444.5 - Disciplinary Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision on a disciplinary action under the
				  administrative adjudication provisions of the Administrative Procedure Act
				  (Government Code Section
				  11400 et
				  seq.), the board shall consider the disciplinary guidelines entitled:
				  "Recommended Guidelines for Disciplinary Orders and Conditions of Probation"
				  (10/02), which are hereby incorporated by reference. Deviation from these
				  guidelines and orders, including the standard terms of probation, is
				  appropriate where the board, in its sole discretion, determines that the facts
				  of the particular case warrant such a deviation--for example: the presence of
				  mitigating factors; the age of the case; evidentiary problems.
Notwithstanding the disciplinary guidelines, any proposed
				  decision issued in accordance with the procedures set forth in Chapter 5
				  (commencing with section
				  11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code that contains any finding of fact that the
				  licensee engaged in any acts of sexual contact, as defined in subdivision (c)
				  of Section
				  729
				  of the Business and Professions Code, with a patient, or has committed an act
				  or been convicted of a sex offense as defined in Section
				  44010 of
				  the Education Code, shall contain an order revoking the license. The proposed
				  decision shall not contain an order staying the revocation of the
				  license.
1. New section
				  filed 6-17-97; operative 6-17-97 pursuant to Government Code section
				  11343.4(d)
				  (Register 97, No. 25).
2. Amendment of "Recommended Guidelines for
				  Disciplinary Orders and Conditions of Probation" (incorporated by reference)
				  and amendment of section filed 6-14-2000; operative 7-14-2000 (Register 2000,
				  No. 24).
3. Amendment of section and NOTE filed 4-24-2003; operative
				  5-24-2003 (Register 2003, No. 17).
4. Amendment of section and NOTE
				  filed 7-23-2014; operative 7-23-2014 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2014, No. 30).
5. Amendment of first paragraph filed
				  5-20-2021; operative 5-20-2021 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2021, No. 21).
Note: Authority cited: Section
					 2715,
					 Business and Professions Code; and Section
					 11400.20,
					 Government Code. Reference: Sections
					 726,
					 729,
					 2750,
					 2759,
					 2761
					 and
					 2762,
					 Business and Professions Code; Section
					 44010,
					 Education Code; and Section
					 11425.50,
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 4 - Grounds for Discipline, Disciplinary Proceedings and Rehabilitation › Section 1445 - Criteria for Rehabilitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Denial of a license or certificate.
(1) When considering the denial of a license
				or certificate under Section
				480 of the code on the ground that
				the applicant has been convicted of a crime, the board shall consider whether
				the applicant has made a showing of rehabilitation if the applicant completed
				the criminal sentence at issue without a violation of parole or probation. In
				making this determination, the board shall consider the following criteria:
(A) The nature and gravity of the
				crime(s).
(B) The reason for
				granting probation and the length of the applicable parole or probation
				period(s).
(C) The extent to which
				the applicable parole or probation period was shortened or lengthened, and the
				reason(s) the period was modified.
(D) The terms or conditions of parole or
				probation and the extent to which they bear on the applicant's
				rehabilitation.
(E) The extent to
				which the terms or conditions of parole or probation were modified, and the
				reason(s) for modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 4 - Grounds for Discipline, Disciplinary Proceedings and Rehabilitation › Section 1445.1 - Petition for Reinstatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person may petition for reinstatement
				of a license under the provisions of Section
				11522 of
				the Government Code by:
(1) Obtaining the
				appropriate forms from the board office in Sacramento and
(2) Submitting the required form of petition
				and supplementary documentation to the board at least forty-five (45) days in
				advance of the date on which the person desires to be heard, as directed in the
				written instructions which accompany the forms.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 4.1 - Intervention Program Guidelines › Section 1446 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this article:
(a) "Program" means the alcohol and drug
				abuse and mental illness intervention program for registered nurses authorized
				pursuant to Article 3.1 (commencing with Section
				2770) of Chapter 6 of Division 2
				of the Business and Professions Code.
(b) "Committee" means intervention evaluation
				committee consisting of the following members: Three registered nurses, one
				physician and one public member all of whom have expertise in the area of
				chemical dependency.
(c) "Board"
				means Board of Registered Nursing.
1. New Article
				  4.1 (Sections
				  1446,
				  1447,
				  1447.1-1447.2,
				  1448,
				  1448.1 and
				  1449) filed 5-7-85; effective
				  thirtieth day thereafter (Register 85, No. 19).
2. Change without
				  regulatory effect amending article heading and subsections (a) and (b) filed
				  2-24-2016 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2016, No. 9).
Note: Authority cited: Section
					 2715,
					 Business and Professions Code. Reference: Sections
					 2770.1
					 and
					 2770.2,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 4.1 - Intervention Program Guidelines › Section 1447 - Criteria for Admission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant shall meet the following criteria for admission
				  to the program:
(a) Is a registered
				nurse licensed in this state.
(b)
				Resides in California.
(c) Is
				mentally ill or abuses alcohol and/or drugs in a manner which may affect the
				applicant's ability to safely perform the duties of a registered
				nurse.
(d) Voluntarily requests
				admission to the program.
(e)
				Agrees to undergo reasonable medical and/or psychiatric examinations necessary
				for evaluation for participation in the program.
(f) Cooperates by providing such medical
				information, disclosure authorizations and releases of liability as may be
				requested by the committee.
(g)
				Agrees in writing to comply with all elements of the intervention
				program.
(h) Has not had her/his
				license previously disciplined by the Board for substance abuse or mental
				illness.
(i) Has not been
				terminated from this or any other intervention program for
				non-compliance.
1. Change
				  without regulatory effect amending subsections (g) and (i) filed 2-24-2016
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2016, No. 9).
Note: Authority cited: Sections
					 2715
					 and
					 2770.7,
					 Business and Professions Code. Reference: Section
					 2770.7,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 4.1 - Intervention Program Guidelines › Section 1447.1 - Procedure for Review of Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following procedures shall be used to review applicants
				  for admission to the program:
(a) The
				program director and a nurse or physician consultant shall interview each
				applicant. They shall recommend such medical and/or psychiatric examinations as
				may be necessary to determine the applicant's eligibility for the program and
				shall request such other information, authorizations and releases as may be
				necessary for participation in the program. The IEC shall advise the applicant
				that the applicant is responsible for costs incurred for the examinations and
				rehabilitation aspects of the program.
(b) The program director and the nurse or
				physician consultant shall each make a recommendation to the committee as to
				whether the applicant should be admitted to the program.
(c) The committee shall review each
				application and make its decision on admission of the applicant based upon its
				evaluation and the recommendations from the program director and the nurse or
				physician consultant.
(d) The
				committee's decision on admission of an applicant shall be final.
1. Change
				  without regulatory effect amending subsection (a) filed 2-24-2016 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2016, No. 9).
Note: Authority cited: Sections
					 2715
					 and
					 2770.7,
					 Business and Professions Code. Reference: Section
					 2770.7,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 4.1 - Intervention Program Guidelines › Section 1447.2 - Causes for Denial of Admission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The committee may deny an applicant admission to the program
				  for any of the following reasons:
(a)
				The applicant does not meet the requirements set forth in Section
				1447.
(b) Information is received by the board
				which, after investigation, indicates that the applicant may have violated a
				provision of the laws governing the practice of nursing, Chapter 6 (commencing
				with Section
				2700) of Division 2 of the Code,
				excluding Section
				2762.
(c) The applicant is diverting controlled
				substances for sale.
(d) The
				committee determines that the applicant will not substantially benefit from
				participation in the program or that the applicant's participation in the
				program creates too great a risk to the public health, safety or
				welfare.
Note: Authority cited: Sections
					 2715
					 and
					 2770.7,
					 Business and Professions Code. Reference: Section
					 2770.7,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 4.1 - Intervention Program Guidelines › Section 1448 - Causes for Termination from the Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The committee may terminate a nurse's participation in the
				  program for any of the following reasons:
(a) Successful completion of the program
				designated by the committee.
(b)
				Failure to comply with the rehabilitation program designated by the
				committee.
(c) Failure to comply
				with any of the requirements set forth in Section
				1447.
(d) Failure to substantially benefit from
				participation in the program.
(e)
				Receipt of information by the board which, after investigation, indicates the
				participant may have violated a provision of the laws governing the practice of
				nursing, Chapter 6 (commencing with Section
				2700) of Division 2 of the Code,
				excluding Section
				2762.
Note: Authority cited: Sections
					 2715
					 and
					 2770.7,
					 Business and Professions Code. Reference: Section
					 2770.7,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 4.1 - Intervention Program Guidelines › Section 1448.1 - Notification of Termination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a nurse's participation is terminated for any
				  reasons other than successful completion of the program, the committee shall,
				  within thirty days, report such fact to the board in writing. The committee's
				  written notification to the board shall consist solely of the participant's
				  name and license number.
Note: Authority cited: Section
					 2715,
					 Business and Professions Code. Reference: Section
					 2770.11,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 4.1 - Intervention Program Guidelines › Section 1449 - Confidentiality of Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				All board, committee and program records relating to application to and
				participation in the program shall be kept confidential pursuant to Section
				2770.12 of the Code. Such records
				shall be purged when a nurse's participation in the program is
				terminated.
(b) Information or
				records received by the board prior to the acceptance of the applicant into the
				program or which do not relate to application for the program may be utilized
				by the board in any disciplinary or criminal proceedings instituted against the
				participant.
Note: Authority cited: Section
					 2715,
					 Business and Professions Code. Reference: Section
					 2770.12,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 5 - Continuing Education › Section 1450 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this Article:
(a) "Continuing Education" means the variety
				of forms of learning experiences, including, but not limited to, lectures,
				conferences, academic studies, in service education, institutes, seminars,
				workshops, extension studies, and independent/home study programs undertaken by
				registered nurses for relicensure. These learning experiences are meant to
				enhance the knowledge of the registered nurse in the practice of nursing in
				direct and indirect patient care.
(b) "Course" means a systematic learning
				experience, at least one hour in length, which deals with and is designed for
				the acquisition of knowledge, skills, and information in direct and indirect
				patient care.
(c) "Content Relevant
				to the Practice of Nursing" means content related to the development and
				maintenance of current competency in the delivery of nursing care as specified
				in Section
				1456.
(d) "Experimental medical procedure or
				treatment" means the management and care of a patient involving any of the
				following:
(1) research approved by an
				Institutional Review Board as defined in Title 21, Code of Federal Regulations,
				Section 56.102 (hereby incorporated by
				reference as of August 8, 2022) involving a clinical trial or human subject as
				those terms are defined in Title 45, Code of Federal Regulations, Section
				46.102 (hereby incorporated by
				reference as of August 8, 2022);
(2) for drugs, biological products, or
				devices, the treatment will be considered experimental if the United States
				Food and Drug Administration approved the drug, biological product, or device
				for use, but the drug, biological product, or device is used for a purpose
				other than that for which it was approved; or
(3) any treatment or procedure for which
				peer-reviewed scientific journals or studies show that the procedure or
				treatment is the subject of on-going clinical trials.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 5 - Continuing Education › Section 1451 - License Renewal Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Pursuant to Section
				2811 of the Code, each licensee
				shall pay the renewal fee and submit proof, satisfactory to the Board that
				during the preceding renewal period or preceding two years, the licensee has
				started and successfully completed thirty (30) hours of continuing education
				approved by the Board.
(b)
				Licensees shall submit proof to the Board of successful completion of the
				required number of approved continuing education hours by signing a statement
				under penalty of perjury, indicating compliance and agreeing to supply
				supporting documents on request.
(c) Licensees shall not be allowed to claim
				partial credit for a continuing education course, however, instructors who
				participate in a part of an offering may receive full credit if the total
				offering is attended.
(d) Licensees
				shall keep the certificates or gradeslips from academic institutions pursuant
				to Section
				1458(b)(7) for
				four years from the date they complete approved continuing education courses
				and must submit such certificates or gradeslips to the Board when
				requested.
1. Amendment
				  filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
				  51).
2. Change without regulatory effect repealing subsection (b),
				  relettering subsections, and amending newly designated subsection (d) filed
				  12-29-98 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 1).
Note: Authority cited: Section
					 2715,
					 Business and Professions Code. Reference: Section
					 2811.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 5 - Continuing Education › Section 1451.1 - Expiration of Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Licenses issued by the Board will expire unless renewed. To renew a license,
				the applicant shall submit proof, satisfactory to the Board of completion of
				thirty (30) hours of continuing education and shall pay the renewal
				fee.
(b) A licensee who
				participates in and successfully completes a continuing education course which
				overlaps a renewal period may apply the credit earned for the renewal period in
				which the course ends.
(c) An
				expired license may, within eight years of the date of expiration, be
				reinstated by the Board if the applicant meets the requirements of Section
				2811 of the Code and is otherwise
				eligible to obtain a reinstatement, and if the applicant meets the requirements
				set forth in Section
				1419.3.
1. New section
				  filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
				  51).
2. Amendment of subsection (c) and repealer of subsections (d)
				  and (e) filed 4-7-87; operative 5-7-87 (Register 87, No.
				  16).
Note: Authority cited: Section
					 2715,
					 Business and Professions Code. Reference: Sections
					 2811
					 and
					 2811.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 5 - Continuing Education › Section 1451.2 - Continuing Education Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Continuing Education course credit may be
				given for the following continuing education courses:
(1) Courses offered by an approved Provider
				as specified in Section
				1454. In addition to classroom
				courses, courses may be designed by an approved Provider for participation in
				activities which include nursing practice, publishing and/or research, provided
				that such courses meet the requirements of Section
				1456.
(2) Out of state courses which have been
				approved for voluntary or mandatory continuing education by Registered Nurse
				licensing agencies of other states and/or state nurses' associations, as well
				as offerings by nationally recognized health associations and/or their regional
				subdivisions provided that such courses meet the requirements of Section
				1456.
(3) Out of state academic courses in an
				accredited 
				* post-secondary institution which are
				related to the specific knowledge and/or technical skills required for the
				practice of nursing.
(4) Other
				courses as may be approved by the Board at its sole discretion.
__________
* Minimum requirement is regional
				  accreditation.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 5 - Continuing Education › Section 1452 - Continuing Education Requirements; Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				licensees shall complete one hour of implicit bias training specified in
				section 1456 within the first two years of
				licensure.
(b) Except for the
				implicit bias training specified in subsection (a), during the first two years
				immediately following initial licensure in California or other jurisdictions,
				licensees shall be exempt from completion of the continuing education
				requirements specified in Section
				1451.
(c) Except for the implicit bias training
				specified in subsection (a), at the time of making application for renewal, a
				licensee may request exemption from continuing education requirements if:
(1) The licensee is requesting inactive
				status for the license; or
(2) The
				licensee can show evidence, satisfactory to the Board that
(A) the licensee has been employed overseas
				for a period of one (1) year or more, or a resident overseas for a period of
				one (1) year or more and currently employed; or
(B) the licensee is employed by a Federal
				Institution or Agency or one of the Military Services (USA), where licensee is
				practicing nursing outside of the State of California on a California license,
				or
(C) the licensee has had
				hardship of one or more years' duration, if
1. there is a total physical disability for
				one (1) year or more and verification of readiness or ability to return to
				work; or
2. there is a total
				disability of a member of the immediate family for whom licensee has total
				responsibility for one (1) year or more.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 5 - Continuing Education › Section 1453 - Falsifying Renewal Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee who falsifies or makes a material
				  misrepresentation of fact on a renewal application will be subject to
				  disciplinary action as provided for in Section
				  2750
				  of the Business and Professions Code.
1. Amendment
				  filed 3-2-78; effective thirtieth day thereafter (Register 78, No.
				  9).
2. Repealer and new section filed 12-18-81; effective thirtieth
				  day thereafter (Register 81, No. 51).
Note: Authority cited: Section
					 2715,
					 Business and Professions Code. Reference: Sections
					 2761
					 and
					 2811.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 5 - Continuing Education › Section 1454 - Approved Providers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				For the purpose of this Article, the title "approved provider" can only be used
				when an individual, partnership, corporation, association, organization,
				organized health care system, educational institution or governmental agency,
				having committed no act which would lead to disciplinary action pursuant to
				Section 1459.1, has submitted a provider
				application on forms supplied by the Board, remitted the appropriate fee and
				has been issued a provider number.
(b) An individual, partnership, corporation,
				association, organized health care system, governmental agency, educational
				institution and other organizations may be issued only one provider number;
				provided, however, that any autonomous entity within such organization may be
				issued one provider number.
(c) An
				approved provider shall have a written and published policy, available on
				request, which provides information on:
(1)
				refunds in cases of non-attendance
(2) time period for return of fees
(3) notification if course is
				cancelled.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 14 - Board of Registered Nursing › Article 5 - Continuing Education › Section 1455 - Continuing Education Hours

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board will accept hours of approved continuing education
				  on the following bases:
(a) Each hour
				of theory shall be accepted as one hour of continuing education.
(b) Each three hours in course-related
				clinical practice will be accepted as one hour of continuing
				education.
(c) Courses less than
				one (1) hour in duration will not be approved.
(d) One (1) CEU (continuing education unit)
				is equal to ten (10) continuing education contact hours.
(e) One (1) academic quarter unit is equal to
				ten (10) continuing education hours.
(f) One (1) academic semester unit is equal
				to fifteen (15) continuing education hours.
1. Renumbering
				  of former Section
				  1455 to Section
				  1456 and new section filed 3-2-78;
				  effective thirtieth day thereafter (Register 78, No. 9).
2.
				  Amendment filed 9-15-78; effective thirtieth day thereafter (Register 78, No.
				  37).
3. Repealer and new section filed 12-18-81; effective thirtieth
				  day thereafter (Register 81, No. 51).
Note: Authority cited: Section
					 2715,
					 Business and Professions Code. Reference: Section
					 2811.5,
					 Business and Professions Code.