NursingScope of Regulation
Section § 2725
This section defines what nursing practice entails in California, emphasizing that it is an evolving field that works closely with physicians. Nurses are expected to perform various patient care tasks that require scientific knowledge or technical skill, such as administering medication, performing tests, and observing patients. It also recognizes that healthcare tasks can be shared between doctors and nurses in a collaborative healthcare environment. The law allows for the development of standardized procedures, which are policies and protocols created collaboratively by healthcare facilities to guide nursing practices. These procedures must align with guidelines from the Medical Board and the Board of Registered Nursing but do not need their prior approval. Lastly, only the Board of Registered Nursing has the authority to define or interpret what constitutes the practice of nursing.
Section § 2725.1
This law outlines when and how registered nurses can dispense medicines in California. Nurses may give out drugs if they have orders from a doctor or certain qualified healthcare professionals, but only in specific types of clinics. Nurses aren’t allowed to run a pharmacy or sell drugs like a drugstore. They also can't mix drugs or handle controlled substances unless they're following specific rules set for nurse-midwives or nurse practitioners. There are further details about how this doesn't change existing powers of midwives, nurse practitioners, or physician assistants, and it doesn't change the approved facilities where drugs can be given out.
Section § 2725.2
This law allows registered nurses to give out and administer hormonal birth control, like pills or shots, that are approved by the FDA. There are specific rules and procedures they must follow, which include completing training and passing competency assessments. The process involves educating patients on contraceptive options, assessing their health, and knowing when to refer patients to doctors or other healthcare providers. Nurses must regularly check their patient's health and have their own skills reviewed. Additionally, every three years, a patient who has only seen a nurse must see a doctor or similar healthcare professional before continuing with the contraceptives.
Section § 2725.3
This law states that hospitals cannot have unlicensed workers do tasks that require a registered nurse's scientific knowledge and technical skills. These tasks include giving medications, taking blood, doing IV therapy, feeding through tubes, performing invasive procedures like inserting catheters or suctioning, assessing patients, educating patients and families about healthcare, and conducting certain lab tests. However, people can still do tasks they're legally allowed to perform under other laws or regulations as of July 1, 1999.
Section § 2725.4
This law explains the requirements for nurse practitioners and certified nurse-midwives to perform abortions using aspiration techniques. They must complete specific training, both practical and theoretical, from approved educational programs. The training can be from various sources, including approved educational programs, continuing education courses, and clinical competency evaluations at healthcare facilities. These professionals can perform the procedures without a doctor's supervision once trained, but they must adhere to care standards relevant to their education. Violations of these procedures are considered unprofessional conduct. Also, only those who evaluate their ability are protected from legal repercussions for their assessment. Abortions using aspiration techniques can only be performed in the first trimester, and online-only training programs do not satisfy the training requirements.
Section § 2725.5
This section defines an 'advanced practice registered nurse' as a licensed registered nurse who has completed specific additional requirements outlined in certain parts of the nursing regulations.
Section § 2726
This law states that even though there are some exceptions, it generally doesn't allow someone to perform medical or surgical practices.
Section § 2727
This section clarifies situations where nursing regulations do not apply. It allows friends and family to provide free nursing care, lets domestic workers give occasional care without being classified as nurses, and permits anyone to give home remedies. In emergencies, like pandemics, anyone can offer nursing care. Additionally, someone can help with patient care or follow a doctor’s instructions without being considered a professional nurse.
Section § 2727.5
If you're a professional licensed under this law and you help someone in an emergency outside of work, you won't be held liable for any mistakes you might make, as long as you're acting in good faith. However, if you're extremely careless, this protection doesn't apply and you could be held responsible for your actions.
Section § 2728
This law permits certain non-nurse healthcare professionals to provide nursing care in specific state-run institutions, as long as they are supervised by licensed nurses. Psychiatric technicians can perform duties allowed by their license, while psychiatric technician trainees must work under supervision and perform only tasks they trained for. State officials decide what qualifies as proper supervision. Additionally, recent graduates from accredited psychiatric technician programs can also work under supervision for up to nine months, even if they're not yet licensed.
Section § 2728.5
This law states that psychiatric technicians and those with interim permits in California can work in facilities like mental health hospitals or services for developmentally disabled people. They're allowed to perform tasks related to mental health care and rehabilitation that fit within their licensed or authorized abilities. These technicians can also provide certain nursing services, except in roles that require a director of nursing services, as long as they're working under oversight from state health agencies.
Section § 2729
This law allows nursing students to provide nursing services as long as these services are part of their educational program. It also permits nurses licensed in other states or countries to offer services while taking approved continuing education or advanced courses in California.
Section § 2730
A nurse who is licensed in another state or country can provide care to a patient in California if the nurse doesn't claim to be a California-licensed professional nurse and is here to care for a specific patient they're contracted to accompany.
Section § 2731
This law section says that people who follow a recognized religion can care for the sick without breaking any rules, as long as they do so as part of their religious practice and don't otherwise act as nurses.
Section § 2732
You can't work as a nurse unless you have an active nursing license, with some exceptions stated elsewhere in the law. If you have this license, you can call yourself a registered nurse and use "R.N." after your name.
Section § 2732.05
Employers of nurses and agents helping nurses find jobs must verify that nurses have the current authorization to practice, whether they are registered nurses or have specific board-issued certifications. This responsibility also applies to those employing temporary licensees or interim permittees. "Agents" can include nurse registries and traveling nurse agencies. Employers must check the nurse's valid credentials before hiring to ensure they are legally allowed to work. This doesn't apply to individuals hiring a nurse for personal care of a single patient.
Section § 2732.1
If you're applying for a nursing license by examination in California, you need to submit a written application. Once approved, you might get an interim permit to practice nursing until the results of your first licensing exam or for six months. If you pass, you keep practicing until you get a regular license; if you fail, the interim permit ends. The board can also give licenses without an exam to nurses from other areas with equal or higher standards who meet specific requirements. Any application must include a fee, and interim permits can be revoked if issued by mistake or if permanent licensure is denied.
Section § 2733
This law allows the nursing board to issue temporary licenses or certificates to various types of nurses, such as public health nurses and nurse practitioners, for six months if they meet certain application and fee requirements. If the license was issued by mistake or the permanent application is denied, the temporary license ends. The board can reissue a temporary license two more times if they think the applicant had a good reason for delays in their regular application. The information about these temporary licenses should be easily found on the board's website.
Section § 2734
If a nurse wants to take a break from practicing, they can apply to have their license put on hold indefinitely by paying a fee. While their license is inactive, they can't work as a nurse but they don't have to keep up with education requirements during this time.
Section § 2736
To become a registered nurse in California, applicants must meet several criteria. They should complete the education requirements set by the board and finish nursing courses in a board-approved state program or a comparable one from outside the state. Additionally, their application must not be denied under Section 480. Foreign-trained nurses can qualify for licensure by passing the board exam if their education is equivalent to state standards.
Section § 2736.1
This law requires that educational programs starting after September 1, 1985, must include training on identifying and dealing with alcohol and drug dependency for applicants. For programs starting after January 1, 1995, there must also be training on recognizing and managing client abuse, including spousal or partner abuse. Schools must certify that their curriculum includes this training to meet the requirements.
Section § 2736.5
This law says that starting January 1, 2022, all continuing education courses for certain professionals must include content on implicit bias. Implicit bias is when people unconsciously treat others differently based on characteristics like race or gender. By January 1, 2023, course providers must follow these rules, and the board will check to make sure they do. Courses about research or issues without direct patient care don’t need to include this. The courses should cover how these biases impact care and strategies to reduce their negative effects, especially regarding disparities in health outcomes.
Section § 2736.6
Section § 2737
If you want to apply for a license to practice nursing in California, you need to pay the required fee when you submit your application.
Section § 2740
This section explains that exams required for a certain purpose will mainly be written but might also include oral or practical parts if the board decides so. The board has the power to choose how the exams are conducted and who conducts them. Once the board makes a decision on an applicant—whether to pass or fail them—that decision is final and can't be challenged in court or elsewhere.
Section § 2741
If you want to retake a test, you need to pay the correct fees mentioned in this chapter.
Section § 2742
If you pass the exam and meet all other requirements, you'll get a license from the board. What the license looks like will follow certain rules.