Section § 2834

Explanation

The law highlights a problem where different groups in California use different definitions for what a nurse practitioner is, which can confuse and harm the public. To protect people, it's important to clearly define who can use the title 'nurse practitioner' and ensure those using it have the right qualifications.

The Legislature finds that various and conflicting definitions of the nurse practitioner are being created by state agencies and private organizations within California. The Legislature also finds that the public is harmed by conflicting usage of the title of nurse practitioner and lack of correspondence between use of the title and qualifications of the registered nurse using the title. Therefore, the Legislature finds the public interest served by determination of the legitimate use of the title “nurse practitioner” by registered nurses.

Section § 2835

Explanation

You can only call yourself a 'nurse practitioner' if you're officially licensed as a nurse and meet specific requirements set by the board.

No person shall advertise or hold himself out as a “nurse practitioner” who is not a nurse licensed under this chapter and does not, in addition, meet the standards for a nurse practitioner established by the board.

Section § 2835.5

Explanation

If you want to become a nurse practitioner in California for the first time, after January 1, 2008, you need to have a valid registered nursing license in California, a master's degree or higher in nursing or a related clinical field, and you must complete an approved nurse practitioner program.

On and after January 1, 2008, an applicant for initial qualification or certification as a nurse practitioner under this article who has not been qualified or certified as a nurse practitioner in California or any other state shall meet the following requirements:
(a)CA Business & Professions Code § 2835.5(a) Hold a valid and active registered nursing license issued under this chapter.
(b)CA Business & Professions Code § 2835.5(b) Possess a master’s degree in nursing, a master’s degree in a clinical field related to nursing, or a graduate degree in nursing.
(c)CA Business & Professions Code § 2835.5(c) Satisfactorily complete a nurse practitioner program approved by the board.

Section § 2835.7

Explanation

This law allows nurse practitioners in California to perform specific tasks under standardized procedures developed with health professionals, including doctors. They can order durable medical equipment, certify disability after a physical exam and consultation with a doctor, and manage treatment plans for home health and personal care services, in collaboration with treating doctors. These actions must be within any limitations specified in the standardized procedures, and insurance companies can still require prior approval. Existing procedures are not affected by this new law.

(a)CA Business & Professions Code § 2835.7(a) Notwithstanding any other provision of law, in addition to any other practices that meet the general criteria set forth in statute or regulation for inclusion in standardized procedures developed through collaboration among administrators and health professionals, including physicians and surgeons and nurses, pursuant to Section 2725, standardized procedures may be implemented that authorize a nurse practitioner to do any of the following:
(1)CA Business & Professions Code § 2835.7(a)(1) Order durable medical equipment, subject to any limitations set forth in the standardized procedures. Notwithstanding that authority, nothing in this paragraph shall operate to limit the ability of a third-party payer to require prior approval.
(2)CA Business & Professions Code § 2835.7(a)(2) After performance of a physical examination by the nurse practitioner and collaboration with a physician and surgeon, certify disability pursuant to Section 2708 of the Unemployment Insurance Code.
(3)CA Business & Professions Code § 2835.7(a)(3) For individuals receiving home health services or personal care services, after consultation with the treating physician and surgeon, approve, sign, modify, or add to a plan of treatment or plan of care.
(b)CA Business & Professions Code § 2835.7(b) Nothing in this section shall be construed to affect the validity of any standardized procedures in effect prior to the enactment of this section or those adopted subsequent to enactment.

Section § 2836

Explanation

This law section outlines the role of the board in creating categories for nurse practitioners, setting standards they must meet, and ensuring they have the necessary education and experience to practice safely. It mandates consultation with nurse practitioners and health care experts to develop these standards. Additionally, if any regulations that affect the capabilities of nurse practitioners are implemented by a state department, they must be made in consultation with this board. These standards apply universally, regardless of when someone meets them, and accommodations must be made for registered nurses who haven't completed specific academically affiliated programs.

(a)CA Business & Professions Code § 2836(a) The board shall establish categories of nurse practitioners and standards for nurses to hold themselves out as nurse practitioners in each category. The standards shall take into account the types of advanced levels of nursing practice that are or may be performed and the clinical and didactic education, as outlined in the nurse practitioner curriculum core competencies specified in the National Organization of Nurse Practitioner Faculties’ Nurse Practitioner Role Core Competencies (2022), or a successor approved by the board, experience, or both, needed to practice safely at those levels. In setting the standards, the board shall consult with nurse practitioners, physicians and surgeons with expertise in the nurse practitioner field, and health care organizations using nurse practitioners. Established standards shall apply to persons without regard to the date of meeting the standards. If the board sets standards for use of nurse practitioner titles that include completion of an academically affiliated program, it shall provide equivalent standards for registered nurses who have not completed the program.
(b)CA Business & Professions Code § 2836(b) Any regulations promulgated by a state department that affect the scope of practice of a nurse practitioner shall be developed in consultation with the board.

Section § 2836.1

Explanation

This law explains when nurse practitioners in California can furnish or order drugs or medical devices. They can do so if they follow standardized procedures or protocols developed with and approved by their supervising physicians. These protocols also determine the specific drugs or devices that can be furnished, the necessary supervision, and how the nurse practitioner's skills are reviewed. For more controlled substances like Schedule II, extra guidelines and training are required. A nurse practitioner's orders are treated similarly to physician's prescriptions, and physician supervision does not require physical presence but must be available by phone. A physician can only supervise up to four nurse practitioners at a time.

Neither this chapter nor any other provision of law shall be construed to prohibit a nurse practitioner from furnishing or ordering drugs or devices when all of the following apply:
(a)CA Business & Professions Code § 2836.1(a) The drugs or devices are furnished or ordered by a nurse practitioner in accordance with standardized procedures or protocols developed by the nurse practitioner and the supervising physician and surgeon when the drugs or devices furnished or ordered are consistent with the practitioner’s educational preparation or for which clinical competency has been established and maintained.
(b)CA Business & Professions Code § 2836.1(b) The nurse practitioner is functioning pursuant to standardized procedure, as defined by Section 2725, or protocol. The standardized procedure or protocol shall be developed and approved by the supervising physician and surgeon, the nurse practitioner, and the facility administrator or the designee.
(c)Copy CA Business & Professions Code § 2836.1(c)
(1)Copy CA Business & Professions Code § 2836.1(c)(1) The standardized procedure or protocol covering the furnishing of drugs or devices shall specify which nurse practitioners may furnish or order drugs or devices, which drugs or devices may be furnished or ordered, under what circumstances, the extent of physician and surgeon supervision, the method of periodic review of the nurse practitioner’s competence, including peer review, and review of the provisions of the standardized procedure.
(2)CA Business & Professions Code § 2836.1(c)(2) In addition to the requirements in paragraph (1), for Schedule II controlled substance protocols, the provision for furnishing Schedule II controlled substances shall address the diagnosis of the illness, injury, or condition for which the Schedule II controlled substance is to be furnished.
(d)CA Business & Professions Code § 2836.1(d) The furnishing or ordering of drugs or devices by a nurse practitioner occurs under physician and surgeon supervision. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but does include (1) collaboration on the development of the standardized procedure, (2) approval of the standardized procedure, and (3) availability by telephonic contact at the time of patient examination by the nurse practitioner.
(e)CA Business & Professions Code § 2836.1(e) For purposes of this section, no physician and surgeon shall supervise more than four nurse practitioners at one time.
(f)Copy CA Business & Professions Code § 2836.1(f)
(1)Copy CA Business & Professions Code § 2836.1(f)(1) Drugs or devices furnished or ordered by a nurse practitioner may include Schedule II through Schedule V controlled substances under the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code) and shall be further limited to those drugs agreed upon by the nurse practitioner and physician and surgeon and specified in the standardized procedure.
(2)CA Business & Professions Code § 2836.1(f)(2) When Schedule II or III controlled substances, as defined in Sections 11055 and 11056, respectively, of the Health and Safety Code, are furnished or ordered by a nurse practitioner, the controlled substances shall be furnished or ordered in accordance with a patient-specific protocol approved by the treating or supervising physician. A copy of the section of the nurse practitioner’s standardized procedure relating to controlled substances shall be provided, upon request, to any licensed pharmacist who dispenses drugs or devices, when there is uncertainty about the nurse practitioner furnishing the order.
(g)Copy CA Business & Professions Code § 2836.1(g)
(1)Copy CA Business & Professions Code § 2836.1(g)(1) The board has certified in accordance with Section 2836.3 that the nurse practitioner has satisfactorily completed a course in pharmacology covering the drugs or devices to be furnished or ordered under this section.
(2)CA Business & Professions Code § 2836.1(g)(2) A physician and surgeon may determine the extent of supervision necessary pursuant to this section in the furnishing or ordering of drugs and devices.
(3)CA Business & Professions Code § 2836.1(g)(3) Nurse practitioners who are certified by the board and hold an active furnishing number, who are authorized through standardized procedures or protocols to furnish Schedule II controlled substances, and who are registered with the United States Drug Enforcement Administration, shall complete, as part of their continuing education requirements, a course including Schedule II controlled substances, and the risks of addiction associated with their use, based on the standards developed by the board. The board shall establish the requirements for satisfactory completion of this subdivision.
(h)CA Business & Professions Code § 2836.1(h) Use of the term “furnishing” in this section, in health facilities defined in Section 1250 of the Health and Safety Code, shall include (1) the ordering of a drug or device in accordance with the standardized procedure and (2) transmitting an order of a supervising physician and surgeon.
(i)CA Business & Professions Code § 2836.1(i) “Drug order” or “order” for purposes of this section means an order for medication which is dispensed to or for an ultimate user, issued by a nurse practitioner as an individual practitioner, within the meaning of Section 1306.02 of Title 21 of the Code of Federal Regulations. Notwithstanding any other provision of law, (1) a drug order issued pursuant to this section shall be treated in the same manner as a prescription of the supervising physician; (2) all references to “prescription” in this code and the Health and Safety Code shall include drug orders issued by nurse practitioners; and (3) the signature of a nurse practitioner on a drug order issued in accordance with this section shall be deemed to be the signature of a prescriber for purposes of this code and the Health and Safety Code.

Section § 2836.2

Explanation

This law allows nurse practitioners to supply or prescribe drugs to patients if they follow agreed rules. Those who prescribe controlled substances must register with the U.S. Drug Enforcement Administration.

Furnishing or ordering of drugs or devices by nurse practitioners is defined to mean the act of making a pharmaceutical agent or agents available to the patient in strict accordance with a standardized procedure. All nurse practitioners who are authorized pursuant to Section 2836.1 to furnish or issue drug orders for controlled substances shall register with the United States Drug Enforcement Administration.

Section § 2836.3

Explanation

This law details how nurse practitioners in California can obtain a special number from the board that allows them to provide medications or medical devices. They must meet specific requirements, and if approved, the board gives them a number that must be included with all drug or device orders. The board can charge fees for application and renewal of this furnishing number. If a nurse practitioner fails to renew on time or displays incompetence or negligence, their number might be revoked, suspended, or denied.

(a)CA Business & Professions Code § 2836.3(a) The furnishing of drugs or devices by nurse practitioners is conditional on issuance by the board of a number to the nurse applicant who has successfully completed the requirements of subdivision (g) of Section 2836.1. The board may issue a furnishing number upon initial application and, if approved by the board, the applicant shall not be required to make a separate application. The number shall be included on all transmittals of orders for drugs or devices by the nurse practitioner. The board shall make the list of numbers issued available to the Board of Pharmacy. The board may charge the applicant a fee to cover all necessary costs to implement this section, 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).
(b)CA Business & Professions Code § 2836.3(b) The number shall be renewable at the time of the applicant’s registered nurse license renewal.
(c)CA Business & Professions Code § 2836.3(c) The board may revoke, suspend, or deny issuance of the numbers for incompetence or gross negligence in the performance of functions specified in Sections 2836.1 and 2836.2.

Section § 2836.4

Explanation

This law allows nurse practitioners to prescribe or order buprenorphine for treating opioid addiction if they follow certain rules. They must complete at least 24 hours of specialized training that covers topics like opioid maintenance, clinical use of approved treatments, patient assessments, treatment planning, counseling, and best practices. If not through training, their other experiences must meet standards set by health authorities. Additionally, nurse practitioners must work under the supervision of or with a licensed doctor.

Neither this chapter nor any other provision of law shall be construed to prohibit a nurse practitioner from furnishing or ordering buprenorphine when done in compliance with the provisions of the Comprehensive Addiction Recovery Act (Public Law 114-198), as enacted on July 22, 2016, including the following:
(a)CA Business & Professions Code § 2836.4(a) The requirement that the nurse practitioner complete not fewer than 24 hours of initial training provided by an organization listed in sub-subclause (aa) of subclause (II) of clause (iv) of subparagraph (G) of paragraph (2) of subdivision (g) of Section 823 of Title 21 of the United States Code, or any other organization that the United States Secretary of Health and Human Services determines is appropriate for the purposes of that sub-subclause, that addresses the following:
(1)CA Business & Professions Code § 2836.4(a)(1) Opioid maintenance and detoxification.
(2)CA Business & Professions Code § 2836.4(a)(2) Appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of opioid use disorder.
(3)CA Business & Professions Code § 2836.4(a)(3) Initial and periodic patient assessments, including substance use monitoring.
(4)CA Business & Professions Code § 2836.4(a)(4) Individualized treatment planning, overdose reversal, and relapse prevention.
(5)CA Business & Professions Code § 2836.4(a)(5) Counseling and recovery support services.
(6)CA Business & Professions Code § 2836.4(a)(6) Staffing roles and considerations.
(7)CA Business & Professions Code § 2836.4(a)(7) Diversion control.
(8)CA Business & Professions Code § 2836.4(a)(8) Other best practices, as identified by the United States Secretary of Health and Human Services.
(b)CA Business & Professions Code § 2836.4(b) The alternative requirement that the nurse practitioner have other training or experience that the United States Secretary of Health and Human Services determines will demonstrate the ability of the nurse practitioner to treat and manage opiate-dependent patients.
(c)CA Business & Professions Code § 2836.4(c) The requirement that the nurse practitioner be supervised by, or work in collaboration with, a licensed physician and surgeon.

Section § 2836.5

Explanation

This law section requires the board to think about adding courses on infection-associated chronic conditions, like long COVID, myalgic encephalomyelitis, and dysautonomia, when setting their continuing education requirements for medical professionals.

In determining its continuing education requirements, the board shall consider including a course in infection-associated chronic conditions, including, but not limited to, long COVID, as defined by the United States Department of Health and Human Services, myalgic encephalomyelitis, and dysautonomia.

Section § 2837

Explanation

This section makes it clear that nothing in this article should be interpreted as restricting the current responsibilities and duties of registered nurses as authorized by this chapter.

Nothing in this article shall be construed to limit the current scope of practice of a registered nurse authorized pursuant to this chapter.