Section § 2816

Explanation

This law states that registered nurses in California have to pay a non-refundable fee, which can be up to $1,000, to have their qualifications evaluated for the title "public health nurse." The fees go to the Board of Registered Nursing Fund and should cover the costs related to these evaluations. However, nurses who overpaid more than $300 between April 5, 2018, and December 31, 2018, are eligible for a refund of the extra fees. Also, certifications for public health nurses do not need to be renewed.

(a)CA Business & Professions Code § 2816(a) The nonrefundable fee to be paid by a registered nurse for an evaluation of their qualifications to use the title “public health nurse” shall not be more than one thousand dollars ($1,000). All fees payable under this section shall be collected by and paid to the Board of Registered Nursing Fund. It is the intention of the Legislature that the costs of carrying out the purposes of this article shall be covered by the revenue collected pursuant to this section. The board shall refund any registered nurse who paid more than three hundred dollars ($300) for an evaluation of their qualifications to use the title “public health nurse” between April 5, 2018, and December 31, 2018.
(b)CA Business & Professions Code § 2816(b) A public health nurse certificate is not subject to renewal.

Section § 2817

Explanation

This law requires that anyone applying to be a public health nurse, as well as all public health nurses hired after January 1, 1981, must be trained to detect child abuse and neglect.

The qualifications prescribed by the board under this article shall include a requirement that an applicant for employment as a public health nurse and all public health nurses employed on or after January 1, 1981, acquire training in child abuse and neglect detection.

Section § 2818

Explanation

This section highlights the importance of public health nursing in California, detailing services like disease control and supporting vulnerable populations. It addresses concerns over inconsistent definitions of 'public health nurse,' which have created confusion and public harm. To provide clarity, only registered nurses with a specific California certification can use the title 'public health nurse.' Employers also cannot designate any employee as such unless they hold this certification.

(a)CA Business & Professions Code § 2818(a) The Legislature recognizes that public health nursing is a service of crucial importance for the health, safety, and sanitation of the population in all of California’s communities. These services currently include, but are not limited to:
(1)CA Business & Professions Code § 2818(a)(1) Control and prevention of communicable disease.
(2)CA Business & Professions Code § 2818(a)(2) Promotion of maternal, child, and adolescent health.
(3)CA Business & Professions Code § 2818(a)(3) Prevention of abuse and neglect of children, elders, and spouses.
(4)CA Business & Professions Code § 2818(a)(4) Outreach screening, case management, resource coordination and assessment, and delivery and evaluation of care for individuals, families, and communities.
(b)CA Business & Professions Code § 2818(b) The Legislature also finds that conflicting definitions of “public health nurse” have been created by various state and local agencies within California. The Legislature also finds that the public is harmed by the conflicting usage of the title “public health nurse” and lack of consistency between the use of the term and the qualifications required in state law and in administrative regulations. Therefore, the Legislature finds that the public interest would be served by determining the conditions for the legitimate use by registered nurses of a title which includes the term “public health nurse.”
(c)CA Business & Professions Code § 2818(c) No individual shall hold himself or herself out as a public health nurse or use a title which includes the term “public health nurse” unless that individual is in possession of a valid California public health nurse certificate issued pursuant to this article.
(d)CA Business & Professions Code § 2818(d) No employer subject to regulation by Section 602 of the Health and Safety Code shall hold out any employee to be a public health nurse or grant a title to any employee including the term “public health nurse” unless that employee holds a valid California public health nurse certificate pursuant to this article.

Section § 2819

Explanation

This section explains that the rules for certifying public health nurses are being moved from one government department to another. The current regulations will be repealed and re-adopted under a new authority, specifically moving from the State Department of Health Services to a board. This change will skip the usual detailed review process, but the changes will still be filed officially. The references in the regulations will be updated to refer to this new board instead of the old department.

In order to effect a speedy and efficient transfer of public health nurse certification from the State Department of Health Services to the board, existing Sections 4500 to 4504, inclusive, of Title 17 of the California Code of Regulations shall be repealed by the State Department of Health Services and adopted by the board to place them in Chapter 14 of Title 16 of the California Code of Regulations, and any reference to the State Department of Health Services in those regulations shall be changed to refer to the board. The repeal of the regulations and adoption of the revised regulations pursuant to this section shall be exempt from the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except that the repealed and adopted regulations shall be filed with the Office of Administrative Law for publication in the California Code of Regulations.

Section § 2820

Explanation

This section clarifies that the article does not allow registered nurses to do more than what they are already permitted to do under another specific law.

Nothing in this article shall be construed as expanding the scope of practice of a registered nurse beyond that which is authorized under Section 2725.