AB 3255

Bill Subjects

Abstract

Existing law establishes the Board of Vocational Nursing and Psychiatric Technicians of the State of California within the Department of Consumer Affairs and, until January 1, 2025, tasks the board with various licensing, regulatory, and disciplinary functions related to vocational nurses and psychiatric technicians under the Vocational Nursing Practice Act and the Psychiatric Technicians Law, respectively. Existing law, until January 1, 2025, requires the board to select an executive officer to perform duties as are delegated by the board, as specified. Existing law makes a violation of either the Vocational Nursing Practice Act or the Psychiatric Technicians Law a misdemeanor. This bill would extend the operation of the above provisions to January 1, 2029. By extending the operation of an existing crime, the bill would impose a state-mandated local program. Existing law requires the board to annually elect from its members a president, vice president, and other officers as it may deem necessary. This bill would instead require the board to biennially elect those officers from its members. Existing law, until January 1, 2025, sets forth an approval process for a vocational nursing school or program or a school or program for psychiatric technicians to be consistent with specified timelines. Under that timeline, existing law requires the board, upon receipt of a letter of intent to submit an application for approval as a school or program of licensed vocational nursing or a school or program for psychiatric technicians, to notify the proposed school or program of the steps in the approval process and provide an estimated wait time until active assignment to a nursing education consultant. Existing law requires a school or program seeking board approval to respond to the board within 2 weeks of each inquiry or request during all phases. Existing law designates a school or program as inactive if it does not respond within 2 weeks or fails to pay the required fees. This bill would extend the operation of those provisions setting forth the approval process to January 1, 2029. The bill would clarify the above-described board notification requirement is contingent on the board receiving a letter of intent that is complete. If a vocational nursing school or program or a school or program for psychiatric technicians fails to submit a complete letter of intent, as specified, the bill would require the school or program to be taken out of consideration and would prohibit it from reapplying for 6 months. The bill would also clarify that the requirement that the school or program seeking board approval respond, within 2 weeks, to the board's inquiries or requests is applicable during all phases of the application process after the school or program has submitted an initial application for approval, as specified. The bill would expand the grounds on which a school or program is designated as inactive to include failing to submit documentation required by the board in time. Existing law requires the board to inspect or review all schools of vocational nursing and psychiatric technician schools in this state, as specified, and to approve schools that meet the requirements provided by the board. If the board determines that any approved school is not maintaining the standard required by the board, existing law requires the board to immediately give notice in writing specifying the defect. Existing law authorizes the removal of the school from the approved list if the school does not correct the defect within a reasonable time. This bill would authorize the board, after establishing regulations for this purpose, to issue a citation and assess a fine, as specified, if a vocational nursing school or program or a school or program for psychiatric technicians is not maintaining the required standard. If a school or program does not remit the assessed fine within 30 days, the bill would authorize the board to place it on provisional approval for up to 6 months or remove it from the approved school or program list, as specified. The bill would prohibit a school or program that is removed from the approved list from applying for approval for 12 months. The bill would clarify that these provisions apply to any vocational nursing school or program. Existing law prescribes various fees in connection with the issuance of licenses under the Vocational Nursing Practice Act and Psychiatric Technicians Law. Existing law makes a license under the Vocational Nursing Practice Act expire after 2 years if not renewed, and makes a license under the Psychiatric Technicians Law expire each year on the date prescribed by the board if not renewed. Existing law under both the Vocational Nursing Practice Act and Psychiatric Technicians Law authorizes an expired license to be renewed at any time within 4 years after its expiration upon filing of an application for renewal and payment of certain fees, as specified. This bill would, upon application and payment of a prescribed fee, require the board to issue a retired license to a licensee under either the Vocational Nursing Practice Act or the Psychiatric Technicians Law if the licensee holds an unrestricted license on the date of application. The bill would exempt a retired licensee from continuing education requirements and would prohibit a retired licensee from being entitled to practice vocational nursing or to practice as a psychiatric technician. The bill would authorize the board to reinstate a retired license to active status if the retired licensee fulfills certain requirements for renewal of a license, including furnishing fingerprints, paying renewal fees, and providing evidence of certain qualifications. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.