Added by Stats. 1951, Ch. 1689.
This chapter of the Business and Professions Code constitutes the chapter on vocational nursing and may be cited as the Vocational Nursing Practice Act.
Article 1 - Administration
California Business and Professions Code — §§ 2840-2858
Sections (22)
Added by Stats. 1973, Ch. 734.
(a)The Legislature hereby declares the practice of licensed vocational nursing to be a profession.
(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)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.
Amended by Stats. 2024, Ch. 590, Sec. 1. (AB 3255) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.
(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)As used in this chapter, “board” means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
Added by Stats. 2002, Ch. 107, Sec. 11. Effective January 1, 2003.
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.
Added by Stats. 2017, Ch. 586, Sec. 2. (AB 1229) Effective January 1, 2018.
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.
Amended by Stats. 2021, Ch. 632, Sec. 2. (AB 1536) Effective January 1, 2022.
If the board is made inoperative or is repealed, the director may, until December 31, 2024, assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative.
Amended by Stats. 1997, Ch. 759, Sec. 19. Effective January 1, 1998.
(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)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)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)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)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)No person may serve as a member of the board for more than two consecutive terms.
(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.
Amended by Stats. 1999, Ch. 655, Sec. 41.2. Effective January 1, 2000.
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.
Added by Stats. 1951, Ch. 1689.
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.
Amended by Stats. 2024, Ch. 590, Sec. 2. (AB 3255) Effective January 1, 2025.
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.
Amended by Stats. 2024, Ch. 590, Sec. 3. (AB 3255) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.
(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)The executive officer shall not be a member of the board.
(c)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(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)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)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)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
Added by Stats. 2017, Ch. 586, Sec. 6. (AB 1229) Effective January 1, 2018.
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.
Amended by Stats. 1994, Ch. 1275, Sec. 17. Effective January 1, 1995.
The board for the purpose of transacting its business shall meet at least twice each year, at times and places it designates by resolution.
Amended by Stats. 1983, Ch. 85, Sec. 3.
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.
Added by Stats. 1951, Ch. 1689.
Meetings may be held at any time and place by the written consent of all members of the board.
Amended by Stats. 2002, Ch. 810, Sec. 24. Effective January 1, 2003.
Six members of the board constitute a quorum for transaction of business at any meeting.
Added by Stats. 1951, Ch. 1689.
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.
Added by Stats. 1951, Ch. 1689.
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.
Amended by Stats. 1971, Ch. 716.
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.
Repealed and added by Stats. 1959, Ch. 1645.
Each member of the board shall receive a per diem and expenses as provided in Section 103.
Amended by Stats. 2021, Ch. 632, Sec. 5. (AB 1536) Effective January 1, 2022.
The board shall issue a license designated as a vocational nurse license.
Added by Stats. 1957, Ch. 1468.
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.