SECTIONS 2725-2742 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 2725-2742

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 to include more sophisticated
patient care activities. It is the intent of the Legislature in
amending this section at the 1973-74 session to provide clear legal
authority for functions and procedures that have common acceptance
and usage. It is the legislative intent also to recognize the
existence of overlapping functions between physicians and registered
nurses and to permit additional sharing of functions within organized
health care systems that provide for collaboration between
physicians and registered nurses. These organized health care systems
include, but are not limited to, health facilities licensed pursuant
to Chapter 2 (commencing with Section 1250) of Division 2 of the
Health and Safety Code, clinics, home health agencies, physicians'
offices, and public or community health services.
(b) The practice of nursing within the meaning of this chapter
means those functions, including basic health care, that help people
cope with difficulties in daily living that are associated with their
actual or potential health or illness problems or the treatment
thereof, and that require a substantial amount of scientific
knowledge or technical skill, including all of the following:
(1) Direct and indirect patient care services that ensure the
safety, comfort, personal hygiene, and protection of patients; and
the performance of disease prevention and restorative measures.
(2) Direct and indirect patient care services, including, but not
limited to, the administration of medications and therapeutic agents,
necessary to implement a treatment, disease prevention, or
rehabilitative regimen ordered by and within the scope of licensure
of a physician, dentist, podiatrist, or clinical psychologist, as
defined by Section 1316.5 of the Health and Safety Code.
(3) The performance of skin tests, immunization techniques, and
the withdrawal of human blood from veins and arteries.
(4) Observation of signs and symptoms of illness, reactions to
treatment, general behavior, or general physical condition, and (A)
determination of whether the signs, symptoms, reactions, behavior, or
general appearance exhibit abnormal characteristics, and (B)
implementation, based on observed abnormalities, of appropriate
reporting, or referral, or standardized procedures, or changes in
treatment regimen in accordance with standardized procedures, or the
initiation of emergency procedures.
(c) "Standardized procedures," as used in this section, means
either of the following:
(1) Policies and protocols developed by a health facility licensed
pursuant to Chapter 2 (commencing with Section 1250) of Division 2
of the Health and Safety Code through collaboration among
administrators and health professionals including physicians and
nurses.
(2) Policies and protocols developed through collaboration among
administrators and health professionals, including physicians and
nurses, by an organized health care system which is not a health
facility licensed pursuant to Chapter 2 (commencing with Section
1250) of Division 2 of the Health and Safety Code.
The policies and protocols shall be subject to any guidelines for
standardized procedures that the Division of Licensing of the Medical
Board of California and the Board of Registered Nursing may jointly
promulgate. If promulgated, the guidelines shall be administered by
the Board of Registered Nursing.
(d) Nothing in this section shall be construed to require approval
of standardized procedures by the Division of Licensing of the
Medical Board of California, or by the Board of Registered Nursing.
(e) No state agency other than the board may define or interpret
the practice of nursing for those licensed pursuant to the provisions
of this chapter, or develop standardized procedures or protocols
pursuant to this chapter, unless so authorized by this chapter, or
specifically required under state or federal statute. "State agency"
includes every state office, officer, department, division, bureau,
board, authority, and commission.

2725.1. Notwithstanding any other provision of law, a registered
nurse may dispense drugs or devices upon an order by a licensed
physician and surgeon if the nurse is functioning within a licensed
clinic as defined in paragraphs (1) and (2) of subdivision (a) of
Section 1204 of, or within a clinic as defined in subdivision (b) or
(c) of Section 1206, of the Health and Safety Code.
No clinic shall employ a registered nurse to perform dispensing
duties exclusively. No registered nurse shall dispense drugs in a
pharmacy, keep a pharmacy, open shop, or drugstore for the retailing
of drugs or poisons. No registered nurse shall compound drugs.
Dispensing of drugs by a registered nurse, except a certified
nurse-midwife who functions pursuant to a standardized procedure or
protocol described in Section 2746.51 or a nurse practitioner who
functions pursuant to a standardized procedure described in Section
2836.1, or protocol, shall not include substances included in the
California Uniform Controlled Substances Act (Division 10 (commencing
with Section 11000) of the Health and Safety Code). Nothing in this
section shall exempt a clinic from the provisions of Article 13
(commencing with Section 4180) of Chapter 9.

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 perform nursing functions in lieu of
a registered nurse and may not allow unlicensed personnel to perform
functions under the direct clinical supervision of a registered nurse
that require a substantial amount of scientific knowledge and
technical skills, including, but not limited to, any of the
following:
(1) Administration of medication.
(2) Venipuncture or intravenous therapy.
(3) Parenteral or tube feedings.
(4) Invasive procedures including inserting nasogastric tubes,
inserting catheters, or tracheal suctioning.
(5) Assessment of patient condition.
(6) Educating patients and their families concerning the patient's
health care problems, including postdischarge care.
(7) Moderate complexity laboratory tests.
(b) This section shall not preclude any person from performing any
act or function that he or she is authorized to perform pursuant to
Division 2 (commencing with Section 500) or pursuant to existing
statute or regulation as of July 1, 1999.

2725.5. "Advanced practice registered nurse" means those licensed
registered nurses who have met the requirements of Article 2.5
(commencing with Section 2746), Article 7 (commencing with Section
2825), Article 8 (commencing with Section 2834), or Article 9
(commencing with Section 2838).

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 servants or by persons
primarily employed as housekeepers as long as they do not practice
nursing within the meaning of this chapter.
(c) Domestic administration of family remedies by any person.
(d) Nursing services in case of an emergency. "Emergency," as used
in this subdivision includes an epidemic or public disaster.
(e) The performance by any person of such duties as required in
the physical care of a patient and/or carrying out medical orders
prescribed by a licensed physician; provided, such person shall not
in any way assume to practice as a professional, registered, graduate
or trained nurse.

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 of that person's employment
shall not be liable for any civil damages as the result of acts or
omissions by that person in rendering the emergency care.
This section shall not grant immunity from civil damages when the
person is grossly negligent.

2728. If adequate medical and nursing supervision by a professional
nurse or nurses is provided, nursing service may be given by
attendants, psychiatric technicians, or psychiatric technician
interim permittees in institutions under the jurisdiction of the
State Department of Mental Health or the State Department of
Developmental Services or subject to visitation by the State
Department of Health Services or the Department of Corrections.
Services so given by a psychiatric technician shall be limited to
services which he or she is authorized to perform by his or her
license as a psychiatric technician. Services so given by a
psychiatric technician interim permittee shall be limited to skills
included in his or her basic course of study and performed under the
supervision of a licensed psychiatric technician or registered nurse.
The Directors of Mental Health, Developmental Services, and Health
Services shall determine what shall constitute adequate medical and
nursing supervision in any institution under the jurisdiction of the
State Department of Mental Health or the State Department of
Developmental Services or subject to visitation by the State
Department of Health Services.
Notwithstanding any other provision of law, institutions under the
jurisdiction of the State Department of Mental Health or the State
Department of Developmental Services may utilize graduates of
accredited psychiatric technician training programs who are not
licensed psychiatric technicians or psychiatric technician interim
permittees to perform skills included in their basic course of study
when supervised by a licensed psychiatric technician or registered
nurse, for a period not to exceed nine months.

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 utilization of a licensed psychiatric
technician or psychiatric technician interim permittee in performing
services used in the care, treatment, and rehabilitation of mentally
ill, emotionally disturbed, or developmentally disabled persons
within the scope of practice for which he or she is licensed or
authorized in facilities under the jurisdiction of the State
Department of Mental Health or the State Department of Developmental
Services or licensed by the State Department of Health Services, that
he or she is licensed to perform as a psychiatric technician, or
authorized to perform as a psychiatric technician interim permittee
including any nursing services under Section 2728, in facilities
under the jurisdiction of the State Department of Mental Health or
the State Department of Developmental Services or subject to
visitation by the State Department of Health Services.

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 board-approved prelicensure program or
school of nursing.
(b) A nurse licensed in another state or country taking a
board-approved continuing education course or a postlicensure course.

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 country, requiring him to
accompany and care for a patient temporarily residing in this State
during the period of such engagement, a nurse legally qualified by
another State or country may give nursing care to such patient in
this State.

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 connection with the practice of the religious
tenets of any well recognized church or denomination, so long as
they do not otherwise engage in the practice of nursing.

2732. No person shall engage in the practice of nursing, as defined
in Section 2725, without holding a license which is in an active
status issued under this chapter except as otherwise provided in this
act.
Every licensee may be known as a registered nurse and may place
the letter "R. N." after his name.

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 agent for such a nurse
in obtaining employment, shall ascertain that the nurse is currently
authorized to practice as a registered nurse or as a registered nurse
pursuant to a board-issued certification within the provisions of
this chapter. As used in this section, "board-issued certification"
includes, but is not limited to, certification as a nurse
practitioner, nurse practitioner with a furnishing number, nurse
anesthetist, nurse midwife, nurse midwife with a furnishing number,
public health nurse, clinical nurse specialist, or board listed
psychiatric mental health nurse.
(b) Every employer of a temporary licensee or interim permittee
and every person acting as an agent for a temporary licensee or
interim permittee in obtaining employment shall ascertain that the
person is currently authorized to practice as a temporary licensee or
interim permittee.
(c) As used in this section, the term "agent" includes, but is not
limited to, a nurses registry and a traveling nurse agency.
Examination by an employer or agent of evidence satisfactory to
the board showing the nurse's, licensee's, or permittee's current
authority to practice under this chapter, prior to employment, shall
constitute a determination of authority to so practice.
Nothing in this section shall apply to a patient, or other person
acting for a specific patient, who engages the services of a
registered nurse or temporary licensee to provide nursing care to a
single patient.

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 may issue an interim
permit authorizing the applicant to practice nursing pending the
results of the first licensing examination following completion of
his or her nursing course or for a maximum period of six months,
whichever occurs first.
If the applicant passes the examination, the interim permit shall
remain in effect until a regular renewable license is issued by the
board. If the applicant fails the examination, the interim permit
shall terminate upon notice thereof by first-class mail.
(b) The board upon written application may issue a license without
examination to any applicant who is licensed or registered as a
nurse in a state, district or territory of the United States or
Canada having, in the opinion of the board, requirements for
licensing or registration equal to or higher than those in California
at the time the application is filed with the Board of Registered
Nursing, if he or she has passed an examination for the license or
registration that is, in the board's opinion, comparable to the board'
s examination, and if he or she meets all the other requirements set
forth in Section 2736.
(c) Each application shall be accompanied by the fee prescribed by
this chapter for the filing of an application for a regular
renewable license.
The interim permit shall terminate upon notice thereof by
first-class mail, if it is issued by mistake or if the application
for permanent licensure is denied.

2733. (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) of Section 2815, the board may issue a
temporary license to practice professional nursing, and a temporary
certificate to practice as a certified nurse midwife, certified nurse
practitioner, certified public health nurse, certified clinical
nurse specialist, or certified nurse anesthetist for a period of six
months from the date of issuance.
A temporary license or temporary certificate shall terminate upon
notice thereof by certified mail, return receipt requested, if it is
issued by mistake or if the application for permanent licensure is
denied.
(b) Upon written application, the board may reissue a temporary
license or temporary certificate to any person who has applied for a
regular renewable license pursuant to subdivision (b) of Section
2732.1 and who, in the judgment of the board has been excusably
delayed in completing his or her application for or the minimum
requirements for a regular renewable license, but the board may not
reissue a temporary license or temporary certificate more than twice
to any one person.

2734. Upon application in writing to the board and payment of the
biennial renewal fee, a licensee may have his license placed in an
inactive status for an indefinite period of time. A licensee whose
license is in an inactive status may not practice nursing. However,
such a licensee does not have to comply with the continuing education
standards of Section 2811.5.

2736. (a) An applicant for licensure as a registered nurse shall
comply with each of the following:
(1) Have completed such general preliminary education requirements
as shall be determined by the board.
(2) Have successfully completed the courses of instruction
prescribed by the board for licensure, in a program in this state
accredited by the board for training registered nurses, or have
successfully completed courses of instruction in a school of nursing
outside of this state which, in the opinion of the board at the time
the application is filed with the Board of Registered Nursing, are
equivalent to the minimum requirements of the board for licensure
established for an accredited program in this state.
(3) Not be subject to denial of licensure under Section 480.
(b) An applicant who has received his or her training from a
school of nursing in a country outside the United States and who has
complied with the provisions of subdivision (a), or has completed
training equivalent to that required by subdivision (a), shall
qualify for licensure by successfully passing the examination
prescribed by the board.

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 and chemical substance
dependency.
(b) The course of instruction for an applicant who matriculates on
or after January 1, 1995, shall include training in the detection
and treatment of client abuse, including, but not limited to, spousal
or partner abuse. The requirement for coursework in spousal or
partner abuse detection and treatment shall be satisfied by, and the
board shall accept in satisfaction of the requirement, a
certification from the chief academic officer of the educational
institution from which the applicant graduated that the required
coursework is included within the institution's required curriculum
for graduation.

2736.5. (a) Any person who has served on active duty in the medical
corps of any of the armed forces of the United States and who has
successfully completed the course of instruction required to qualify
him for rating as a medical service technician--independent duty, or
other equivalent rating in his particular branch of the armed forces,
and whose service in the armed forces has been under honorable
conditions, may submit the record of such training to the board for
evaluation.
(b) If such person meets the qualifications of paragraphs (1) and
(3) of subdivision (a) of Section 2736, and if the board determines
that his education and experience would give reasonable assurance of
competence to practice as a registered nurse in this state, he shall
be granted a license upon passing the standard examination for such
licensure.
(c) The board shall, by regulation, establish criteria for
evaluating the education and experience of applicants under this
section.
(d) The board shall maintain records of the following categories
of applicants under this section:
(1) Applicants who are rejected for examination, and the areas of
such applicants' preparation which are the causes of rejection.
(2) Applicants who are qualified by their military education and
experience alone to take the examination, and the results of their
examinations.
(3) Applicants who are qualified to take the examination by their
military education and experience plus supplementary education, and
the results of their examinations.
(e) The board shall attempt to contact by mail or other means
individuals meeting the requirements of subdivision (a) who have been
or will be discharged or separated from the armed forces of the
United States, in order to inform them of the application procedure
provided by this section. The board may enter into an agreement with
the federal government in order to secure the names and addresses of
such individuals.

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, licensed under Chapter 6.5
(commencing with Section 2840) of this division, to be eligible to
take the examination for licensure under this chapter as a registered
nurse. The board shall not require more than 30 units in nursing and
related science subjects to satisfy such preparation.

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 by this chapter.

2738. The board shall hold not less than two examinations each year
at such times and places as the board may determine.

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 determines. All examinations shall be
conducted by such persons and in such manner and under such rules and
regulations as the board may prescribe.
The board shall finally pass or reject all applicants. Its actions
shall be final and conclusive and not subject to review by any court
or other authority.

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 determined in accordance with Section 164.