SECTIONS 2859-2873.6 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 2859-2873.6

2859. The practice of vocational nursing within the meaning of this
chapter is the performance of services requiring those technical,
manual skills acquired by means of a course in an accredited school
of vocational nursing, or its equivalent, practiced under the
direction of a licensed physician, or registered professional nurse,
as defined in Section 2725 of the Business and Professions Code.
A vocational nurse, within the meaning of this chapter, is a
person who has met all the legal requirements for a license as a
vocational nurse in this State and who for compensation or personal
profit engages in vocational nursing as the same is hereinabove
defined.

2860. This chapter confers no authority to practice medicine or
surgery or to undertake the prevention, treatment or cure of disease,
pain, injury, deformity, or mental or physical condition in
violation of any provision of law.

2860.5. A licensed vocational nurse when directed by a physician
and surgeon may do all of the following:
(a) Administer medications by hypodermic injection.
(b) Withdraw blood from a patient, if prior thereto such nurse has
been instructed by a physician and surgeon and has demonstrated
competence to such physician and surgeon in the proper procedure to
be employed when withdrawing blood, or has satisfactorily completed a
prescribed course of instruction approved by the board, or has
demonstrated competence to the satisfaction of the board.
(c) Start and superimpose intravenous fluids if all of the
following additional conditions exist:
(1) The nurse has satisfactorily completed a prescribed course of
instruction approved by the board or has demonstrated competence to
the satisfaction of the board.
(2) The procedure is performed in an organized health care system
in accordance with the written standardized procedures adopted by the
organized health care system as formulated by a committee which
includes representatives of the medical, nursing, and administrative
staffs. "Organized health care system," as used in this section,
includes facilities licensed pursuant to Section 1250 of the Health
and Safety Code, clinics, home health agencies, physician's offices,
and public or community health services. Standardized procedures so
adopted will be reproduced in writing and made available to total
medical and nursing staffs.

2860.7. (a) A licensed vocational nurse, acting under the direction
of a physician may perform: (1) tuberculin skin tests, coccidioidin
skin tests, and histoplasmin skin tests, providing such
administration is within the course of a tuberculosis control
program, and (2) immunization techniques, providing such
administration is upon standing orders of a supervising physician, or
pursuant to written guidelines adopted by a hospital or medical
group with whom the supervising physician is associated.
(b) The supervising physician under whose direction the licensed
vocational nurse is acting pursuant to subdivision (a) shall require
such nurse to:
(1) Satisfactorily demonstrate competence in the administration of
immunizing agents, including knowledge of all indications and
contraindications for the administration of such agents, and in the
recognition and treatment of any emergency reactions to such agents
which constitute a danger to the health or life of the person
receiving the immunization; and
(2) Possess such medications and equipment as required, in the
medical judgment of the supervising physician and surgeon, to treat
any emergency conditions and reactions caused by the immunizing
agents and which constitute a danger to the health or life of the
person receiving the immunization, and to demonstrate the ability to
administer such medications and to utilize such equipment as
necessary.
(c) Nothing in this section shall be construed to require physical
presence of a directing or supervising physician, or the examination
by a physician of persons to be tested or immunized.

2861. This chapter does not prohibit the performance of nursing
services by any person not licensed under this chapter; provided,
that such person shall not in any way assume to practice as a
licensed vocational nurse.

2861.5. 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 his employment shall not be
liable for any civil damages as the result of acts or omissions in
rendering the emergency care. This section shall not be construed to
grant immunity from civil damage to any person whose conduct in
rendering emergency care is grossly negligent.

2862. Vocational nursing services may be rendered by a student
enrolled in an accredited school of vocational nursing when these
services are incidental to his or her course of study.

2863. This chapter does not prohibit vocational 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 vocational
nursing.

2864. Every licensee under this chapter may be known as a licensed
vocational nurse and may place the letters "L.V.N." after his name.

2866. An applicant for a licensed vocational nurse license shall
comply with each of the following:
(a) Be at least 17 years of age.
(b) Have successfully completed at least an approved course of
study through the 12th grade or the equivalent thereof as specified
by the board.
(c) Have successfully completed the prescribed course of study in
an accredited school of vocational nursing or have graduated from a
school which, in the opinion of the board, maintains and gives a
course which is equivalent to the minimum requirements for an
accredited school of vocational nursing in this state.
(d) Not be subject to denial of licensure under Section 480.

2867. An applicant for a license authorizing him to practice
vocational nursing in this State under this chapter, upon the filing
of his application shall pay the fee required by this chapter.

2867.5. Every person to whom a license is issued after August 30,
1962, shall, as a condition precedent to its issuance, and in
addition to any other fee which may be payable, pay the initial
license fee prescribed by this chapter.

2867.6. After receiving the results of having passed the
examination and upon receipt of the initial license fee required by
subdivision (e) of Section 2895, the board shall issue a receipt or
temporary certificate which will serve as a valid permit for the
licensee to practice under this chapter.

2868. The board shall hold not less than two examinations each year
for applicants desirous of practicing vocational nursing in this
State, at such times and places as the board may determine.

2870. 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.

2871. Any applicant who fails to pass his first examination may
take a second examination upon payment of the fee required by this
chapter.

2872. The board shall issue a license to each applicant who passes
the examination. The form of the license shall be determined in
accordance with Section 164.

2872.1. The board upon written application and receipt of the
required application fee may issue a license without examination to
any applicant who possesses a valid, unrevoked license as a
vocational nurse or practical nurse issued by any other state or a
foreign country, and who in the opinion of the board meets all the
other requirements set forth in Sections 2866 and 2873.

2872.2. An applicant for license by examination shall submit a
written application in the form prescribed by the board.
Provided that the application for licensure by examination is
received by the board no later than four months after completion of a
board accredited nursing program and approval of the application,
the board may issue an interim permit authorizing the applicant to
practice vocational nursing pending the results of the first
licensing examination, or for a period of nine months, whichever
occurs first.
If the applicant passes the examination, the interim permit shall
remain in effect until an initial license is issued by the board or
for a maximum period of six months after passing the examination,
whichever occurs first. If the applicant fails the examination, the
interim permit shall terminate upon notice by certified mail, return
receipt requested, or if the applicant fails to receive the notice,
upon the date specified in the interim permit, whichever occurs
first.
A permittee shall function under the supervision of a licensed
vocational nurse or a registered nurse, who shall be present and
available on the premises during the time the permittee is rendering
professional services. The supervising licensed vocational nurse or
registered nurse may delegate to the permittee any function taught in
the permittee's basic nursing program.
An interim permittee shall not use any title or designation other
than vocational nurse interim permittee or "V.N.I.P."

2873. Any person possessing either the education or the experience,
or any combination of both the education and the experience,
equivalent to that acquired in an accredited school of vocational
nursing may be licensed as a vocational nurse under the provisions of
this chapter, provided that he successfully demonstrates to the
board that he possesses the necessary qualifications, and
successfully passes such examinations or tests as may from time to
time be required by the board.

2873.5. Any person who has served on active duty in the medical
corps of any of the armed forces, in which no less than an aggregate
of 12 months was spent in rendering bedside patient care, and who has
completed the basic course of instruction in nursing required by his
or her particular branch of the armed forces, and whose service in
the armed forces has been under honorable conditions, or whose
general discharge has been under honorable conditions, shall be
granted a license upon proof that he or she possesses the necessary
qualifications of this section, as set forth in his or her service
records, and upon his or her passing an examination.

2873.6. (a) Any person who on the effective date of this section is
employed as a medical technical assistant or as a senior medical
technical assistant by the Department of Corrections or the
Department of the Youth Authority, who served on active duty in the
medical corps of any of the armed forces of the United States or who
served in the United States Public Health Service, in which no less
than an aggregate of 12 months was spent in rendering patient care,
who completed the basic course of instruction in nursing required by
the United States Public Health Service, or by his or her particular
branch of the armed forces, and who was honorably discharged
therefrom, shall be granted an employment restricted license upon
proof that he or she possesses the necessary qualifications of this
section as set forth in his or her service and discharge records. An
employment restricted license issued pursuant to this subdivision
shall authorize the holder thereof to practice vocational nursing
only within a facility of the Department of Corrections or the
Department of the Youth Authority and shall be valid only for the
period of employment. In order to obtain a nonrestricted license as a
vocational nurse, a medical technical assistant shall apply and take
the examination as required and normally administered by the Board
of Vocational Nursing and Psychiatric Technicians.
(b) On and after the effective date of this section, no person
shall be appointed as a medical technical assistant by the Department
of Corrections or the Department of the Youth Authority unless the
person complies with one of the following:
(1) Is a licensed vocational nurse or a registered nurse.
(2) Has served on active duty in the medical corps of any of the
armed forces of the United States or who served in the United States
Public Health Service, in which no less than an aggregate of 12
months was spent in rendering patient care, who completed the basic
course of instruction in nursing required by the United States Public
Health Service, or by his or her particular branch of the armed
forces, and who has been honorably discharged therefrom. The
Department of Corrections and the Department of the Youth Authority
are authorized only to hire persons who are eligible for licensure,
and as a condition of employment shall require that those persons
obtain a license as a vocational nurse within six months of
employment. He or she shall be supervised by a registered nurse or
physician and surgeon and shall not administer medications until
licensed.
(c) Notwithstanding subdivision (a), any person who was granted a
restricted vocational nurse's license pursuant to that subdivision
and who was employed in the psychiatric unit of the California
Medical Facility at the time of the unit's transfer from the
Department of Corrections to the State Department of Mental Health on
July 1, 1988, shall continue to hold his or her license.