Section § 2840

Explanation

This part of California's Business and Professions Code is officially called the Vocational Nursing Practice Act, which focuses on the regulations and practices for vocational nurses.

This chapter of the Business and Professions Code constitutes the chapter on vocational nursing and may be cited as the Vocational Nursing Practice Act.

Section § 2840.5

Explanation

This law states that vocational nursing is recognized as a profession. However, it makes clear that this recognition does not change any existing laws about registered nurses or how health facilities must staff registered nurses. Also, vocational nurses are not considered "professional employees" as defined in certain sections of the Government Code.

(a)CA Business & Professions Code § 2840.5(a) The Legislature hereby declares the practice of licensed vocational nursing to be a profession.
(b)CA Business & Professions Code § 2840.5(b) This section shall not be construed to affect the laws relating to the practice of registered nursing, including the provisions of Chapter 6 (commencing with Section 2700), nor any existing regulations relating to registered nurse staffing of licensed health facilities.
(c)CA Business & Professions Code § 2840.5(c) The intent of this section shall not be construed to mean that licensed vocational nurses are to be considered as professional employees as defined in Sections 3507.3 and 3533 of the Government Code.

Section § 2841

Explanation

This law establishes the Board of Vocational Nursing and Psychiatric Technicians in California, which has 11 members and is part of the Department of Consumer Affairs. The board's main purpose is regulating vocational nursing and psychiatric technicians in the state. Notably, this section will be in effect only until January 1, 2029, after which it will be repealed.

(a)CA Business & Professions Code § 2841(a) There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, which consists of 11 members.
(b)CA Business & Professions Code § 2841(b) As used in this chapter, “board” means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(c)CA Business & Professions Code § 2841(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

Section § 2841.1

Explanation

This law states that the safety and well-being of the public should be the most important concern for the Board responsible for overseeing vocational nursing and psychiatric technicians in California. If there's ever a conflict between public protection and other goals, keeping the public safe should always come first.

Protection of the public shall be the highest priority for the Board of Vocational Nursing and Psychiatric Technicians of the State of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

Section § 2841.2

Explanation

This law says that despite any other laws, because Section 2841 was repealed, the new organization taking over the duties of the board mentioned in that section must be reviewed by specific committees in the state legislature.

Notwithstanding any other law, the repeal of Section 2841 renders the successor entity to the board in Section 2841 subject to review by the appropriate policy committees of the Legislature.

Section § 2841.3

Explanation

This law section explains that if a specific board is shut down or its rules are canceled, the director has the authority to take over its duties and responsibilities until the end of 2024, as long as those duties aren't also canceled.

If the board is made inoperative or is repealed, the director may, until December 31, 2024, assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative.

Section § 2842

Explanation

This section describes the composition and qualifications for members of a specific board in California. The board must consist of eight members who are U.S. citizens and California residents. Two must be licensed vocational nurses with at least three years of experience. Two must be psychiatric technicians with at least five years in a psychiatric setting. One must be a vocational or registered nurse with five years of teaching or administrative experience in accredited nursing education. The board also includes six public members who aren't tied to any other medical board. Board members can only serve two consecutive terms, and per diem for psychiatric technicians serving on the board comes from specific funds.

(a)CA Business & Professions Code § 2842(a) Each member of the board shall be a citizen of the United States and a resident of the State of California. The board shall have the following composition:
(1)CA Business & Professions Code § 2842(a)(1) Two members shall be duly licensed vocational nurses who have been licensed for a period of not less than three years prior to appointment.
(2)CA Business & Professions Code § 2842(a)(2) Two members shall be licensed psychiatric technicians, each of whom shall have had not less than five years’ experience in a psychiatric hospital, or in a psychiatric unit of a hospital licensed by the State Department of Health Services, or a private institution licensed by the State Department of Health Services.
(3)CA Business & Professions Code § 2842(a)(3) One member shall be a licensed vocational nurse or registered nurse who shall have had not less than five years’ experience as a teacher or administrator in an accredited school of vocational nursing.
(4)CA Business & Professions Code § 2842(a)(4) Six members shall be public members who are not licentiates of the board or any other board under this division or of any board referred to in Sections 1000 and 3600.
(b)CA Business & Professions Code § 2842(b) No person may serve as a member of the board for more than two consecutive terms.
(c)CA Business & Professions Code § 2842(c) Per diem and expenses of members of the board who are licensed psychiatric technicians shall be paid solely from revenues received pursuant to Chapter 10 (commencing with Section 4500) of Division 2.

Section § 2843

Explanation

This law outlines how members of a specific board are appointed and for how long they serve. Each board member is appointed for a four-year term that ends on June 1st. If someone leaves their position early, a new person is appointed to fill the remaining time. The Governor is responsible for appointing four public members and the board members who have licenses, while the Senate Rules Committee and the Speaker of the Assembly each appoint one public member, specifically to fill the first two vacancies that happen after January 1, 1983.

Members of the board shall be appointed for a term of four years. Vacancies occurring shall be filled by appointment for the unexpired term.
Appointments to the office shall be for a term of four years expiring on June 1st.
The Governor shall appoint four of the public members and the licensed members of the board qualified as provided in Section 2842. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member, and their initial appointment shall be made to fill, respectively, the first and second public member vacancies which occur on or after January 1, 1983.

Section § 2845

Explanation
The Governor can fire a board member if they neglect their duties, aren't competent, or behave unprofessionally or dishonorably.
The Governor has the power to remove any member of the board from office for neglect of any duty required by law, or for incompetency, or unprofessional or dishonorable conduct.

Section § 2846

Explanation

This law says that the board must choose leaders, like a president and vice president, from its members at their first meeting after they are set up, and then every two years at this same meeting. These leaders will serve for as long as the board wants them to.

The board at its first meeting after appointment, and biennially thereafter at its first meeting in every second year, shall elect from its members a president, vice president, and such other officers as it may deem necessary. The officers of the board shall hold their respective positions during its pleasure.

Section § 2847.1

Explanation

This law outlines how an executive officer is chosen and managed for a board. First, the board picks an executive officer to handle specific tasks, but the officer can't be a board member. The officer's salary is set with approval from the Director of Finance. They can claim travel and other job-related expenses, provided they certify these expenses as true. Starting January 1, 2018, the way the executive officer is appointed changed temporarily. From January 1, 2022, the board will again choose the officer, except for those already in office as of December 31, 2021, who will remain until the position is vacated. This law will only be in effect until January 1, 2029.

(a)CA Business & Professions Code § 2847.1(a) Except as provided in subdivision (f), the board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties.
(b)CA Business & Professions Code § 2847.1(b) The executive officer shall not be a member of the board.
(c)CA Business & Professions Code § 2847.1(c) With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(d)CA Business & Professions Code § 2847.1(d) The executive officer shall be entitled to traveling and other necessary expenses in the performance of their duties. The executive officer shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(e)CA Business & Professions Code § 2847.1(e) Commencing January 1, 2018, the executive officer appointed by the board pursuant to subdivision (a) is abolished. Thereafter, until January 1, 2022, the executive officer shall be appointed as set forth in Section 2847.3.
(f)CA Business & Professions Code § 2847.1(f) Commencing January 1, 2022, the executive officer shall, again, be selected by the board as set forth in subdivision (a), except that any executive officer in office on December 31, 2021, shall continue in the position as executive officer of the board until the position is vacated or the board selects another executive officer.
(g)CA Business & Professions Code § 2847.1(g) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

Section § 2847.6

Explanation

This law requires a specific board to send written progress reports to both the director and the Legislature at set dates: April 1, 2018; July 1, 2018; October 1, 2018; January 1, 2019; July 1, 2019; and January 1, 2020. These reports must detail how well the board is implementing suggestions made by the administrative and enforcement program monitor as per the previous section (2847.5).

The board shall submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitor’s recommendations pursuant to Section 2847.5.

Section § 2848

Explanation

This law states that the board must meet at least twice a year to conduct its business, choosing the times and places for these meetings through a formal decision process called a resolution.

The board for the purpose of transacting its business shall meet at least twice each year, at times and places it designates by resolution.

Section § 2849

Explanation

This section explains when special meetings for a board can happen. They can be scheduled by the board itself, requested by the board president, or called by at least five board members. Additionally, any board members not involved in organizing the meeting must receive written notice from the executive officer, detailing the meeting's time, place, and purpose, at least 15 days beforehand.

Special meetings may be held at such times as the board may elect, or on the call of the president of the board, or of not less than five members thereof.
A written notice of the time, place, and object of any special meeting shall be mailed by the executive officer to all members of the board who are not parties to the call, at least 15 days before the day of the meeting.

Section § 2850

Explanation

Board meetings can occur anytime and anywhere as long as all board members agree in writing.

Meetings may be held at any time and place by the written consent of all members of the board.

Section § 2851

Explanation

For the board to officially conduct business at a meeting, at least six members must be present.

Six members of the board constitute a quorum for transaction of business at any meeting.

Section § 2852

Explanation

This law requires the board to maintain detailed records of its activities. This includes keeping track of everyone who applies for licenses and noting what decisions the board makes about each of those applications.

The board shall keep a record of all its proceedings, including a register of all applicants for licenses under this chapter and the action of the board upon each application.

Section § 2853

Explanation

The main office of the board is in Sacramento, but there can be additional offices in Los Angeles and San Francisco. They can move necessary records to these suboffices temporarily. If someone wants to take legal action against the board, they can do it in any of these three cities.

The office of the board shall be in the City of Sacramento. Suboffices may be established in Los Angeles and San Francisco and such records as may be necessary may be transferred temporarily to them. Legal proceedings against the board may be instituted in any county in which any of the three cities above mentioned is located.

Section § 2854

Explanation

This law section explains that a board is responsible for prosecuting anyone who breaks the rules laid out in its chapter. The board can hire administrative help as needed and decide how much to pay them. It can also make or change rules necessary for enforcing these provisions, following specific legal procedures.

The board shall prosecute all persons guilty of violating the provisions of this chapter.
It may employ such clerical assistance as it may deem necessary to carry into effect the provisions of this chapter. The board may fix the compensation to be paid for such services and may incur such other expenses as it may deem necessary.
The board may adopt, amend, or repeal such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of this chapter. Such rules and regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act.

Section § 2855

Explanation

The members of the board are entitled to receive a daily allowance and reimbursement for expenses, as detailed in another section of the law.

Each member of the board shall receive a per diem and expenses as provided in Section 103.

Section § 2857

Explanation

This law states that the regulatory board is responsible for giving out licenses, specifically called vocational nurse licenses, to individuals in this profession.

The board shall issue a license designated as a vocational nurse license.

Section § 2858

Explanation

This section of the law states that when paying any fee required by this chapter, you can use cash or other common forms of payment like checks and money orders. However, you cannot use postage stamps as a form of payment.

The board shall accept in payment of any fee required by this chapter cash or any customary or generally accepted medium of exchange, including check, cashier’s check, certified check or postal money order. For the purposes of this section, customary or generally accepted medium of exchange does not include postage stamps.