AB 1722 — Pupil health: credentialed school nurses, registered nurses, and licensed vocational nurses.

Summary

(1) Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils, and authorizes the governing board of a school district to employ properly certified persons for that work. Existing law authorizes a school nurse, if authorized by the governing board of the school district, to perform various pupil health care services. Existing law requires a school nurse to be currently licensed as a registered nurse, as provided, and to have met the minimum requirements for a credential in school nursing, as specified. This bill would require a licensed vocational nurse, as defined, hired pursuant to this bill to be supervised by a credentialed school nurse, as defined, who is employed as a school nurse at the same local educational agency (LEA) or at another LEA. The bill would prohibit interpreting that provision to allow a licensed vocational nurse to go beyond the approved scope of practice pursuant to the Vocational Nursing Practice Act. The bill would require an LEA employing a credentialed school nurse who is supervising a licensed vocational nurse at another LEA, and a credentialed school nurse who is supervising a licensed vocational nurse at another LEA, pursuant to these provisions to have indemnification for the supervisorial liability, as specified. The bill would require certain LEAs to enter into a written agreement containing specified information, including, among other information, a communication policy delineating how the licensed vocational nurse and the credentialed school nurse are to communicate, as provided. The bill would require an LEA to only hire a licensed vocational nurse if a diligent search has been conducted for a suitable credentialed school nurse each school year, as provided. The bill would require a local educational agency to seek approval from its governing board or body before hiring a licensed vocational nurse, including by submitting a declaration to its governing board or body containing certain information. The bill would require a local educational agency electing to hire a licensed vocational nurse to certify to the State Department of Education, upon penalty of perjury, that a diligent recruitment effort to hire a credentialed school nurse was made. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would, if an LEA uses its authority pursuant to the above-mentioned provisions, require the local educational agency to report its use of that authority to the department. The bill would require the department to, on or before January 1, 2028, submit a report to the Legislature containing a list of the LEAs that have used that authority, as provided. The bill would repeal the above-mentioned provisions on January 1, 2029. (2) Existing law requires the governing board of a school district to provide for the adequate testing of the sight and hearing of each pupil enrolled in the schools of the school district to be given only by specified persons, including, among others, certificated employees of the school district or of the county superintendent of schools who possess the qualifications prescribed by the Commission for Teacher Preparation and Licensing. This bill would expand that described authorization to allow those tests to be additionally given by certificated employees, registered nurses, or licensed vocational nurses, under the supervision of a credentialed school nurse, of the school district, charter school, or the county superintendent of schools who possess the qualifications prescribed by the Commission on Teacher Credentialing. (3) Existing law requires a school nurse or other authorized person to appraise the vision of a pupil during kindergarten, or upon first enrollment or entry of that pupil in a California school district at an elementary school, and in grades 2, 5, and 8, as specified. Existing law requires this appraisal to include tests for visual acuity, including near vision and color vision, as provided. This bill would require the vision appraisal to additionally include tests for far vision. To the extent this imposes additional duties on school districts, the bill would impose a state-mandated local program. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

• Chaptered 10/13/23 - Chaptered Current pdf October 13, 2023
• Enrolled 09/18/23 - Enrolled pdf September 18, 2023
• Amended 07/05/23 - Amended Senate pdf July 05, 2023
• Amended 06/20/23 - Amended Senate pdf June 20, 2023
• Amended 05/18/23 - Amended Assembly pdf May 18, 2023
• Amended 03/30/23 - Amended Assembly pdf March 30, 2023
• Introduced 02/17/23 - Introduced pdf February 17, 2023
• AB1722 View text html

Action History

1. October 13, 2023

   Chaptered by Secretary of State - Chapter 853, Statutes of 2023.

2. October 13, 2023

   Approved by the Governor.

3. September 22, 2023

   Enrolled and presented to the Governor at 11:30 a.m.

4. September 14, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3564.).

5. September 12, 2023

   In Assembly. Concurrence in Senate amendments pending.

6. September 12, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2691.).

7. September 08, 2023

   Ordered to special consent calendar.

8. September 05, 2023

   Read second time. Ordered to third reading.

9. September 01, 2023

   From committee: Do pass. (Ayes 7. Noes 0.) (September 1).

10. August 14, 2023

    In committee: Referred to APPR suspense file.

11. July 05, 2023

    Read second time and amended. Re-referred to Com. on APPR.

12. July 03, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28).

13. June 20, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.

14. June 14, 2023

    Referred to Com. on ED.

15. June 01, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

16. May 31, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 2020.)

17. May 22, 2023

    Read second time. Ordered to third reading.

18. May 18, 2023

    Read second time and amended. Ordered returned to second reading.

19. May 18, 2023

    From committee: Amend, and do pass as amended. (Ayes 15. Noes 0.) (May 18).

20. April 19, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

21. April 03, 2023

    Re-referred to Com. on APPR.

22. March 30, 2023

    Read second time and amended.

23. March 30, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (March 29).

24. March 09, 2023

    Referred to Com. on ED.

25. February 18, 2023

    From printer. May be heard in committee March 20.

26. February 17, 2023

    Read first time. To print.

Sponsors

• Megan Dahle · Primary

Votes

Subjects