CHAPTER 6. Nursing [2700. - 2838.4.]
Chapter 6 repealed and added by Stats. 1939, Ch. 807.
§§ 2700–2838.4 · 169 sections
ARTICLE 1. Administration §§ 2700–2717 · 19 sections
- § 2700 This chapter of the Business and Professions Code constitutes the chapter on professional nursing and shall be construed as revisory and amendatory of the laws…
- § 2701 (a) There is in the Department of Consumer Affairs the Board of Registered Nursing consisting of nine members. (b) For purposes of this chapter, “board” means…
- § 2701.5 Notwithstanding any other law, the repeal of Section 2701 renders the board subject to review by the appropriate policy committees of the Legislature.
- § 2702 (a) Each member of the board shall be a resident of the state. (b) Four members shall represent the public at large, and shall not be licensed under any board…
- § 2703 (a) Except as provided in subdivision (c), all appointments shall be for a term of four years and vacancies shall be filled for the unexpired term. No person…
- § 2706 Pursuant to Section 106, each appointing authority has the power to remove from office, at any time, any member of the board appointed by that authority under…
- § 2707 The board shall annually elect from its members a president, vice president, and any other officers as it may deem necessary. The officers of the board shall…
- § 2708 (a) The board shall appoint an executive officer who shall perform the duties delegated by the board and be responsible to the board for the accomplishment of…
- § 2708.1 Protection of the public shall be the highest priority for the Board of Registered Nursing in exercising its licensing, regulatory, and disciplinary functions.…
- § 2709 The board for the purpose of transacting its business shall meet at least once every three months, at times and places it designates by resolution. Meetings…
- § 2709.5 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,…
- § 2710 (a) 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 three members thereof.…
- § 2710.5 The board, with permission of the Director of the Department of Consumer Affairs, may form advisory committees to advise the board on the implementation of…
- § 2712 Five members of the board constitute a quorum for the transaction of business at any meeting.
- § 2713 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…
- § 2714 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…
- § 2715 (a) The board shall prosecute all persons guilty of violating this chapter. (b) Except as provided by Section 159.5, the board, in accordance with the Civil…
- § 2716 Each member of the board shall receive a per diem and expenses as provided in Section 103.
- § 2717 (a) The board shall incorporate regional forecasts into its biennial analyses of the nursing workforce conducted pursuant to Section 502. (b) The board shall…
ARTICLE 2. Scope of Regulation §§ 2725–2742 · 27 sections
- § 2725 (a) In amending this section at the 1973–74 session, the Legislature recognizes that nursing is a dynamic field, the practice of which is continually evolving…
- § 2725.1 (a) Notwithstanding any other provision of law, a registered nurse may dispense drugs or devices upon an order by a licensed physician and surgeon or an order…
- § 2725.2 (a) Notwithstanding any other provision of law, a registered nurse may dispense self-administered hormonal contraceptives approved by the federal Food and Drug…
- § 2725.3 (a) A health facility licensed pursuant to subdivision (a), (b), or (f), of Section 1250 of the Health and Safety Code shall not assign unlicensed personnel to…
- § 2725.4 Notwithstanding any other provision of this chapter, the following shall apply: (a) In order to perform an abortion by aspiration techniques pursuant to…
- § 2725.5 “Advanced practice registered nurse” means those licensed registered nurses who have met the requirements of Article 2.5 (commencing with Section 2746),…
- § 2726 Except as otherwise provided herein, this chapter confers no authority to practice medicine or surgery.
- § 2727 This chapter does not prohibit: (a) Gratuitous nursing of the sick by friends or members of the family. (b) Incidental care of the sick by domestic workers or…
- § 2727.5 A person licensed under this chapter who in good faith renders emergency care at the scene of an emergency which occurs outside both the place and the course…
- § 2728 If adequate medical and nursing supervision by a professional nurse or nurses is provided, nursing service may be given by attendants, psychiatric technicians,…
- § 2728.5 Except for those provisions of law relating to directors of nursing services, nothing in this chapter or any other provision of law shall prevent the…
- § 2729 Nursing services may be rendered by a student when these services are incidental to the course of study of one of the following: (a) A student enrolled in a…
- § 2730 If he does not represent or hold himself out as a professional nurse licensed to practice in this State and if he has an engagement, made in another State or…
- § 2731 This chapter does not prohibit nursing or the care of the sick, with or without compensation or personal profit, when done by the adherents of and in…
- § 2732 No person shall engage in the practice of nursing, as defined in Section 2725, without holding a license that is in an active status issued under this chapter…
- § 2732.05 (a) Every employer of a registered nurse, every employer of a registered nurse required to hold any board-issued certification, and every person acting as an…
- § 2732.1 (a) An applicant for license by examination shall submit a written application in the form prescribed by the board. Upon approval of the application, the board…
- § 2733 (a) (1) (A) Upon approval of an application filed pursuant to subdivision (b) of Section 2732.1, and upon the payment of the fee prescribed by subdivision (k)…
- § 2734 Upon application in writing to the board and payment of the biennial renewal fee, a licensee may have their license placed in an inactive status for an…
- § 2736 (a) An applicant for licensure as a registered nurse shall comply with each of the following: (1) Have completed general preliminary education requirements as…
- § 2736.1 (a) The course of instruction for an applicant who matriculates on or after September 1, 1985, shall include training in the detection and treatment of alcohol…
- § 2736.5 (a) (1) The board shall adopt regulations to require that, on and after January 1, 2022, all continuing education courses for licensees under this chapter…
- § 2736.6 The board shall determine by regulation the additional preparation in nursing, in a school approved by the board, which is required for a vocational nurse,…
- § 2737 An applicant for a license authorizing him to practice nursing in this State under this chapter, upon the filing of his application shall pay the fee required…
- § 2740 Examinations shall be written, but in the discretion of the board may be supplemented by an oral or practical examination in such subjects as the board…
- § 2741 An application for reexamination shall be accompanied by the fees prescribed by this chapter.
- § 2742 The board shall issue a license to each applicant who passes the examination and meets all other licensing requirements. The form of the license shall be…
ARTICLE 2.5. Nurse-Midwives §§ 2746–2746.8 · 14 sections
- § 2746 The board shall issue a certificate to practice nurse-midwifery to any person who qualifies under this article and is licensed pursuant to the provisions of…
- § 2746.1 Every applicant for a certificate to practice nurse-midwifery shall comply with all the provisions of this article in addition to the provisions of this…
- § 2746.2 (a) An applicant shall show by evidence satisfactory to the board that they have met the educational standards established by the board or have at least the…
- § 2746.3 Midwife’s certificates issued by the Medical Board of California prior to the effective date of this article shall be renewable only by such board.
- § 2746.4 Nothing in this article shall be construed to prevent the practice of midwifery by a person possessing a midwife’s certificate issued by the Medical Board of…
- § 2746.5 (a) The certificate to practice nurse-midwifery authorizes the holder to attend cases of low-risk pregnancy and childbirth and to provide prenatal care,…
- § 2746.51 (a) Neither this chapter nor any other law shall be construed to prohibit a certified nurse-midwife from furnishing or ordering drugs or devices, including…
- § 2746.52 (a) Notwithstanding Section 2746.5, the certificate to practice nurse-midwifery authorizes the holder to perform and repair episiotomies, and to repair…
- § 2746.53 The board may charge the applicant a fee to cover all necessary costs to implement Section 2746.51, that shall be not more than one thousand five hundred…
- § 2746.54 (a) A certified nurse-midwife shall disclose in oral and written form to a prospective patient as part of a patient care plan, and obtain informed consent for,…
- § 2746.55 (a) For all maternal or neonatal transfers to the hospital setting during labor or the immediate postpartum period, for which the intended place of birth was…
- § 2746.6 (a) The board shall not suspend or revoke a certificate to practice nurse-midwifery solely for performing an abortion if the holder performed the abortion in…
- § 2746.7 An applicant for certification pursuant to this article shall submit a written application in the form prescribed by the board, accompanied by the fee…
- § 2746.8 (a) Each certificate issued pursuant to this article shall be renewable biennially, and each person holding a certificate under this article shall apply for a…
ARTICLE 3. Disciplinary Proceedings §§ 2750–2765 · 11 sections
- § 2750 Every certificate holder or licensee, including licensees holding temporary licenses, or licensees holding licenses placed in an inactive status, may be…
- § 2751 (a) Notwithstanding any other law, the board may, in its discretion, accept the surrender of a license through a stipulated agreement in the absence of a…
- § 2759 The board shall discipline the holder of any license, whose default has been entered or who has been heard by the board and found guilty, by any of the…
- § 2760 (a) If the holder of a license is suspended, they shall not be entitled to practice nursing during the term of suspension. (b) Upon expiration of the term of…
- § 2760.1 (a) A registered nurse whose license has been revoked or suspended or who has been placed on probation may petition the board for reinstatement or modification…
- § 2761 The board may take disciplinary action against a certified or licensed nurse or deny an application for a certificate or license for any of the following: (a)…
- § 2761.1 (a) The board shall not suspend or revoke the certification or license of a nurse practitioner solely for performing an abortion if the holder performed the…
- § 2761.5 It is the intent of the Legislature to provide for a study of reporting mechanisms to the board so that it can identify methods of receiving timely information…
- § 2762 In addition to other acts constituting unprofessional conduct within the meaning of this chapter, it is unprofessional conduct for a person licensed under this…
- § 2764 The lapsing or suspension of a license by operation of law or by order or decision of the board or a court of law, or the voluntary surrender of a license by a…
- § 2765 A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and…
ARTICLE 3.1. Intervention Program §§ 2770–2770.14 · 15 sections
- § 2770 It is the intent of the Legislature that the Board of Registered Nursing seek ways and means to identify and rehabilitate registered nurses whose competency…
- § 2770.1 As used in this article: (a) “Board” means the Board of Registered Nursing. (b) “Committee” means an intervention evaluation committee created by this article.…
- § 2770.2 (a) One or more intervention evaluation committees is hereby created in the state to be established by the board. Each committee shall be composed of five…
- § 2770.3 Each member of a committee shall receive per diem and expenses as provided in Section 103.
- § 2770.4 Three members of a committee shall constitute a quorum for the transaction of business at any meeting. Any action requires a majority vote of the committee.
- § 2770.5 Each committee shall elect from its membership a chairperson and a vice chairperson.
- § 2770.6 The board shall administer the provisions of this article.
- § 2770.7 (a) The board shall establish criteria for the acceptance, denial, or termination of registered nurses in the intervention program. Only those registered…
- § 2770.8 A committee created under this article operates under the direction of the intervention program manager. The program manager has the primary responsibility to…
- § 2770.9 The committee shall inform each registered nurse who requests participation in a program of the procedures followed in the program, of the rights and…
- § 2770.10 Notwithstanding Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to public meetings,…
- § 2770.11 (a) Each registered nurse who requests participation in an intervention program shall agree to cooperate with the rehabilitation program designed by the…
- § 2770.12 (a) After the committee and the program manager in their discretion have determined that a registered nurse has successfully completed the intervention…
- § 2770.13 The board shall provide for the legal representation of any person making reports under this article to a committee or the board in any action for defamation…
- § 2770.14 (a) The board shall produce reports which include, but are not limited to, information concerning the number of cases accepted, denied, or terminated with…
ARTICLE 3.5. Nursing Corporations §§ 2775–2781 · 7 sections
- § 2775 A nursing corporation is a corporation which is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as…
- § 2776 It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly…
- § 2777 A nursing corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any…
- § 2778 The name of a nursing corporation and any name or names under which it may render professional services shall contain the words “nursing” or “registered…
- § 2779 Except as provided in Sections 13401.5 and 13403 of the Corporations Code, each shareholder, director and officer of a nursing corporation, except an assistant…
- § 2780 The income of a nursing corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in Section 13401 of…
- § 2781 The board may adopt and enforce regulations to carry out the purposes and objectives of this article, including regulations requiring (a) that the bylaws of a…
ARTICLE 4. Nursing Schools §§ 2785–2789 · 13 sections
- § 2785 The board shall prepare and maintain a list of approved schools of nursing in this state whose graduates, if they have the other necessary qualifications…
- § 2785.5 The board shall establish a workgroup, or use an existing committee, to encourage and facilitate efficient transfer agreements or other enrollment models…
- § 2785.6 There is created within the jurisdiction of the board a Nursing Education and Workforce Advisory Committee, which shall solicit input from approved nursing…
- § 2786 (a) (1) An approved school of nursing, or an approved nursing program, is one that has been approved by the board, gives the course of instruction approved by…
- § 2786.1 (a) The board shall deny the application for approval made by, and shall revoke the approval given to, any school of nursing that does not give student…
- § 2786.2 (a) A private postsecondary school of nursing approved by the board pursuant to subdivision (b) of Section 2786 shall comply with Chapter 8 of Part 59 of…
- § 2786.3 (a) Until the end of the 2023–24 academic year, or whenever the Governor declares a state of emergency for a county in which an agency or facility used by an…
- § 2786.4 (a) An institution of higher education or a private postsecondary school of nursing subject to Section 2786, or an entity affiliated with the institution or…
- § 2786.5 (a) Subject to the provisions of Section 128.5, an institution of higher education or a private postsecondary school of nursing approved by the board pursuant…
- § 2786.6 The board shall deny the application for approval made by, and shall revoke the approval given to, any school of nursing which: (a) Does not give to student…
- § 2787 If the board requires the approval of the faculty or directors in regulations promulgated pursuant to Section 2786, all of the following apply: (a) The board…
- § 2788 It shall be the duty of the board, through its executive officer, to inspect all schools of nursing in this state at such times as the board shall deem…
- § 2789 None of the provisions of this chapter shall be applicable to any school or schools conducted by any well recognized church or denomination for the purpose of…
ARTICLE 5. Penal Provisions §§ 2795–2800 · 6 sections
- § 2795 Except as provided in this chapter, it is unlawful for any person to do any of the following: (a) To practice or to offer to practice nursing in this state…
- § 2796 It is unlawful for any person or persons not licensed or certified as provided in this chapter to use the title “registered nurse,” the letters “R.N. ,” or the…
- § 2797 It is unlawful for a person to wilfully make any false representation or to impersonate any other person or permit or aid any person in any manner to…
- § 2798 (a) It is unlawful for anyone to conduct a school of nursing unless the school has been approved by the board. (b) If the board has a reasonable belief, either…
- § 2799 Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and upon a conviction thereof shall be punished by imprisonment in the…
- § 2800 None of the sections in this article, except Sections 2796 and 2797, shall be applicable to any person or persons specifically exempted from the general…
ARTICLE 6. Revenue §§ 2810–2815.7 · 11 sections
- § 2810 There is established in the State Treasury a Board of Registered Nursing Fund. The California Board of Nursing Education and Nurse Registration Fund of the…
- § 2811 (a) Each person holding a regular renewable license under this chapter, whether in an active or inactive status, shall apply for a renewal of their license and…
- § 2811.1 (a) The board, upon application and payment of the fee established pursuant to subdivision (h), shall issue a retired license to a registered nurse, if the…
- § 2811.5 (a) Each person renewing their license under Section 2811 shall submit proof satisfactory to the board that, during the preceding two-year period, they have…
- § 2811.6 Providers of continuing education programs approved by the board pursuant to Section 2811.5 shall make available for board inspection records of continuing…
- § 2812 Within 10 days after the beginning of each month, the board shall report to the State Controller the amount and source of all collections made under this…
- § 2814 All money in the Board of Registered Nursing Fund shall be available, upon appropriation by the Legislature, to carry out this chapter and the promotion of…
- § 2815 Subject to the provisions of Section 128.5, the amount of the fees prescribed by this chapter in connection with the issuance of licenses for registered nurses…
- § 2815.1 As provided in subdivision (d) of Section 2815, the Board of Registered Nursing shall collect an additional ten dollar ($10) assessment at the time of the…
- § 2815.5 The amount of the fees prescribed by this chapter in connection with the issuance of certificates as nurse-midwives is that fixed by the following schedule:…
- § 2815.7 The board shall report to the appropriate policy and fiscal committees of each house of the Legislature whenever the board proposes or adopts an increase in…
ARTICLE 6.5. Public Health Nurse Certification §§ 2816–2820 · 5 sections
- § 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…
- § 2817 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…
- § 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…
- § 2819 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…
- § 2820 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.
ARTICLE 7. Nurse Anesthetists §§ 2825–2833.6 · 18 sections
- § 2825 This article may be cited as the Nurse Anesthetists Act.
- § 2826 As used in this article: (a) “Nurse anesthetist” means a person who is a registered nurse licensed by the board who has met standards for certification from…
- § 2826.5 A nurse anesthetist is authorized to perform anesthesia services.
- § 2826.6 An order by a physician, dentist, or podiatrist for anesthesia services for a specific patient shall be the authorization for the nurse anesthetist to select…
- § 2826.7 The selection and administration of medication by a nurse anesthetist, including controlled substances, for preoperative, intraoperative, and postoperative…
- § 2827 The utilization of a nurse anesthetist to provide anesthesia services in an acute care facility shall be approved by the acute care facility administration and…
- § 2828 In an acute care facility, a nurse anesthetist who is not an employee of the facility shall, nonetheless, be subject to the bylaws of the facility and may be…
- § 2829 It is unlawful for any person or persons to advertise, use any title, sign, card, or device, or to otherwise hold himself or herself out as a “nurse…
- § 2830 The board shall issue a certificate to practice nurse anesthesia to any person who qualifies under this article and is licensed pursuant to the provisions of…
- § 2830.5 Every applicant shall show by evidence satisfactory to the board that he or she has met the requirements of this article.
- § 2830.6 Notwithstanding Section 2830, the board shall certify all applicants who can show certification by the National Board of Certification and Recertification for…
- § 2830.7 The amount of the fees prescribed by this chapter in connection with the issuance of certificates as nurse anesthetists is that fixed by the following…
- § 2831 An applicant for certification pursuant to this article shall submit a written application in the form prescribed by the board, accompanied by the fee…
- § 2832 Every applicant for a certificate to practice nurse anesthesia shall comply with all the provisions of this article in addition to the provisions of this…
- § 2833 (a) Each certificate issued pursuant to this article shall be renewable biennially, and each person holding a certificate under this article shall apply for a…
- § 2833.3 Nothing in this article shall be construed to limit a certified nurse anesthetist’s ability to practice nursing.
- § 2833.5 Except as provided in Section 2725 and in this section, the practice of nurse anesthetist does not confer authority to practice medicine or surgery.
- § 2833.6 Nothing in this article shall be construed to restrict, expand, alter, or modify the existing scope of practice of, a nurse anesthetist and is declaratory of…
ARTICLE 8. Nurse Practitioners §§ 2834–2837 · 11 sections
- § 2834 The Legislature finds that various and conflicting definitions of the nurse practitioner are being created by state agencies and private organizations within…
- § 2835 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…
- § 2835.5 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…
- § 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…
- § 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…
- § 2836.1 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…
- § 2836.2 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…
- § 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…
- § 2836.4 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…
- § 2836.5 In determining its continuing education requirements, the board shall consider including a course in infection-associated chronic conditions, including, but…
- § 2837 Nothing in this article shall be construed to limit the current scope of practice of a registered nurse authorized pursuant to this chapter.
ARTICLE 8.5. Advanced Practice Registered Nurses §§ 2837.100–2837.105 · 7 sections
- § 2837.100 It is the intent of the Legislature that the requirements under this article shall not be an undue or unnecessary burden to licensure or practice. The…
- § 2837.101 For purposes of this article, the following terms have the following meanings: (a) “Committee” means the Nurse Practitioner Advisory Committee. (b)…
- § 2837.102 (a) The board shall establish a Nurse Practitioner Advisory Committee to advise and make recommendations to the board on all matters relating to nurse…
- § 2837.103 (a) (1) Notwithstanding any other law, a nurse practitioner may perform the functions specified in subdivision (c) pursuant to that subdivision, in a setting…
- § 2837.103.5 (a) Notwithstanding paragraph (1) of subdivision (a) of Section 2837.103, the authority for a nurse practitioner to prescribe, order, dispense, procure, and…
- § 2837.104 (a) Beginning January 1, 2023, notwithstanding any other law, the following apply to a nurse practitioner who holds an active certification issued by the board…
- § 2837.105 (a) (1) The board shall request the department’s Office of Professional Examination Services, or an equivalent organization, to perform an occupational…
ARTICLE 9. Clinical Nurse Specialists §§ 2838–2838.4 · 5 sections
- § 2838 No person shall advertise or hold himself or herself out as a “clinical nurse specialist” unless he or she is a nurse licensed under this chapter, and meets…
- § 2838.1 (a) On and after July 1, 1998, any registered nurse who holds themselves out as a clinical nurse specialist or who desires to hold themselves out as a clinical…
- § 2838.2 (a) A clinical nurse specialist is a registered nurse with advanced education, who participates in expert clinical practice, education, research, consultation,…
- § 2838.3 This article shall become operative on July 1, 1998.
- § 2838.4 Nothing in this article shall be construed to limit, revise, or expand the current scope of practice of a registered nurse.